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  Priest's Psychiatric Records to Stay Sealed

By George Pawlaczyk
Belleville News-Democrat
June 2, 2006

http://www.belleville.com/mld/belleville/news/breaking_news/14727089.htm

BELLEVILLE - The Illinois Supreme Court has ruled that a defrocked Belleville priest's alcohol and mental treatment records that predate state confidentiality laws do not have to be revealed in court.

In a decision made public today, the state's highest court overturned a state appellate court decision ordering that the treatment and counseling records of the Rev. Raymond Kownacki, 71, be turned over to plaintiffs.

Kownacki was removed from public ministry in 1995 by then Bishop Wilton Gregory after the church investigations allegations that Kownacki had sexually abused minors.

Lawyers for former altar boy James Wisniewski, who is suing Kownacki in St. Clair County Circuit Court for alleged sexual abuse during the 1970s, argued that the medical records would show that church officials knew Kownacki was abusing minors, but kept it secret. They contended that the confidentiality laws were not intended to be applied retroactively.

David Clohessy, national director of the Survivors Network of Those Abused by Priests, said "It's disappointing that the alleged privacy of a serial predator triumphs over the safety of innocent children and wounded victims."

Circuit Judge Lloyd Cueto ruled in 2004 that the diocese must turn over all Kownacki medical records that predate the 1979 state Confidentiality Act and other records covered by the 1988 (drug) Dependency Act. He found the diocese in contempt of court for refusing to turn over the records.

The Supreme Court justices found that both statutes can be applied retroactively.

However, the decision cautioned that the court was not giving any opinion concerning whether Kownacki, "...is in fact entitled to invoke the rights of confidentiality conferred by the statutes... as to the specific mental health and alcohol abuse treatment records at issue here."

The high court upheld the Appelllate Court ruling lifting the trial court's finding of contempt.

Contact reporter George Pawlaczyk at gpawlaczyk@bnd.com and 239-2625.

 
 

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