Jennifer L. Henn  |  July 9, 2020

Category: Legal News

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Child Victims Act lawsuit

The Diocese of Ogdensburg in the upstate New York region known as the North Country is facing 20 new claims that ten of its former priests sexually abused children there decades ago.

Filed on June 30, the cases are the latest batch of Child Victims Act lawsuits leveled against the diocese, which covers eight counties and more than 90,000 parishioners. More than two dozen similar claims were filed against the Diocese of Ogdensburg in August 2019.

Latest Claims Involve Previously Unnamed Priests

The new lawsuits name a total of ten former diocesan priests, including seven who have not previously been accused of child sexual abuse and three who have, according to a report published by North Country Public Radio, which covers the Diocese of Ogdensburg and the surrounding region. The allegations reach back as far as 1961 and as recently as 1989.

The following clergy are accused in the new lawsuits of sexually abusing minors, North Country Public Radio reports; Monsignor F. Gordon Coseo, between 1971 and 1976 at Notre Dame in Malone; Father Joseph W. Elliott, between 1985 and 1988 at St. Michael in Parishville and St. Mary in Potsdam; Father George A. Fontaine, in 1971 at Our Lady of Lourdes in Schroon Lake; Father Frank M. Kearns, from 1965 to 1967 at St. Joseph in Dannemora; Monsignor Joseph F. Luker, in 1971 or 1972 at St. Peter in Lowville; Monsignor John F. Pendergast, from 1987 to 1989 at St. Mary in Massena; and Father Donald E. Seguin, in 1961 at Sacred Heart in Crown Point.

Father Emile G. LaLonde is accused in four other complaints of sexually abusing a minor in the 1960s and 1970s while assigned to St. John the Baptist in Madrid and St. Augustine in North Bangor. Four complaints name Father John J. Fallon and Father Liam O’Doherty are named in two other complaints, one that dates back to 1966.

O’Doherty was indicted by a Franklin County grand jury in 1979 for sexually abusing minors at St. Ann in Saint Regis Falls, North Country Public Radio noted in its news article on the new cases.

Child Victims Act lawsuitsPrevious Child Victims Act Lawsuits Filed Against Ogdensburg

The latest claims were filed little more than a year after a previous round of Child Victims Act lawsuits were leveled against the Diocese of Ogdensburg. The earlier cases, 14 of them, were brought in August 2019.

They included allegations against four members of the clergy who had not been accused before, one of whom was retired but still active in ministry, another report by North Country Public Radio said.

New Legislation Opened Door for Old Cases

The Child Victims Act became law in New York in 2019. It extended the statute of limitations for survivors of child sexual abuse to bring civil lawsuits against their attackers until the victim turns 55 years old. Previously, victims only had up to five years after turning 18 to file a lawsuit.

The act also created a one year “look back” period for victims who suffered abuse at any time in the past, giving them one year from the date the new law took effect to file a civil complaint. The deadline was to be August 14, but in May, Governor Andrew Cuomo ordered a five-month extension due to the coronavirus pandemic.

The state legislature took it a step further and weeks later voted to grant a one-year extension of the deadline, to August 14, 2021. The proposed law needs Gov. Cuomo’s signature and he hasn’t approved it yet.

Diocese Says It Is Considering Bankruptcy

The Diocese of Ogdensburg includes 103 churches and nine schools spread out over eight counties serving more than 90,000 parishioners.

In February, the Diocese sent out letters to its parishioners addressing the financial struggle it is facing because of the new Child Victims Act lawsuits, a new report by the Adirondack Daily Enterprise said. At that time, 23 cases had been filed under the terms of the look back allowance and the letter said the diocese was considering filing bankruptcy.

The message also noted that the diocese was considering bankruptcy. “Chapter 11 reorganization has proven to be a positive way for other Catholic dioceses to address victim claims in the most fair and equitable manner possible, while maintaining vital ministries,” the newspaper quoted the letter as saying. “For this reason, it is one of the options being considered.”

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