Click here for Part 1: Taking on the Church

As a child growing up in Rochester, New York, probably one of the last things David Cleary ever saw himself doing later in life was representing the Catholic Church in litigation proceedings dealing with sexual abuse. If anything, it is more likely he pictured himself “working” for them in a different way, and spent four years in a minor seminary studying to be a priest. Eventually, he would travel down a different career path.

Raised in an average American family as the middle of three children, David Cleary graduated from St. John Fischer College in 1963, and went on to serve in the military.

While he is humble about his military career, and states that “I am sure there are other soldiers and Marines that had it a lot worse than I,” it is not without distinguished accomplishments. Among other things he served as an intelligence officer with an A-team (Special Forces group) on the Cambodian border in a unit that received a Presidential Unit Citation and personally earned the Bronze Star.

David Cleary.

After graduating from Cornell Law in 1970, he served as a Deputy States Attorney and South Burlington City Prosecutor from 1971 through 1972. He has been in private practice ever since, and is currently a partner at Cleary, Shahi, and Aicher, P.C. in Rutland. He has a distinguished list of legal honors and awards to his credit, and also serves as the defense counsel for Dartmouth Hitchcock Medical Center and its affiliates.

After meeting Mr. Cleary, it is easy to understand these accolades. He possesses an acute, quick wit and mental sharpness that most would envy, and is careful to stay above the mud-slinging that can often accompany the sorts of cases he handles.

Cleary was first contacted to represent the Vermont Catholic Diocese in the early 1990’s in connection with a series of lawsuits filed by residents of the former St. Joseph’s Orphanage. In 1996 more than 60 former residents of St. Joseph’s who had made abuse claims settled for minor amounts of money (about $5,000 each) in exchange for promises not to sue. In 1999, 14 other cases were settled for undisclosed amounts.

It is important not to confuse this issue with the more current cases involving sexual abuse. While St. Joseph’s fell under the umbrella of the Burlington Catholic Diocese, it was run by an order of nuns from Canada, and the nature of the abuse was physical in nature.

“Those cases were eventually resolved on a global basis for nominal sums, based upon a lack of any substantial/credible evidence against the Diocese, and a focus on alleged excessive physical discipline back in the 1940’s through the 1960’s,” said Cleary. “By and large the abuse being focused upon was extensive physical discipline, as opposed to so-called sexual abuse,” he said.

Cleary also points out that many of those assertions were unbelievable and could not be corroborated, or were totally inconsistent with other facts known.

When asked specifically of whether Cleary and the Diocese also believe that some of the accusations of sexual abuse by priests in the Diocese may also be false and made for financial reward, the answer is a simple “Yes.”

“Unfortunately I won’t be able to get into any particulars with regard to that,” he said.

Bishop Marshall

One thing that is undeniable by the Catholic Diocese is the actions of Father Paquette and Bishop Marshall. Records indicate Paquette molested altar boys in Massachusetts and Indiana prior to Marshall bringing him to Vermont. Once here, he molested children in at least one parish and was transferred to Christ The King in Burlington where he continued on this path. This raises the question, why did the Vermont Catholic Diocese hire a known child molester and put him in a position to be in contact with children?

“Regarding Father Paquette/Bishop Marshall, clearly from the documents, Bishop Marshall decided to give Father Paquette an opportunity based on recommendations from another bishop, and indeed a very strong conclusion from a board-certified psychiatrist that Father Paquette was cured,” said Cleary.

“Subsequent examinations following additional accusations of fondling, likewise were strong—as to Paquette being cured—after periods of additional treatment,” he said.

This leads into one of the most compelling questions of all concerning those cases. Is it a fair summation to accuse the Vermont Catholic Church of openly expressing their compassion for the victims, but then accuse them of putting roadblocks in the way of settlements?

“It is not fair to say that the Diocese is putting obstacles in the way of settlements,” said Cleary. “One must consider the excessiveness of the settlements being demanded and court scheduling of multiple motions filed by both sides in these cases dealing with evidentiary and procedural issues, which are not at all strange to civil litigation, even this type of civil litigation,” he said.

“The Diocese has offered to mediate, discuss settlement, and has offered to actively engage in settlement discussions. Unfortunately, there’s been minimal receptivity. I think the clerks of the court would confirm, that there have been no delays in reaching cases that are unusual or artificial in any way,” he said.

Cleary went on to add that the Diocese has not tried to cover up (as some have alleged) anything in relation to the cases.

“Although the courts, on occasion, have imposed gag rules, agreed to treat certain records as confidential until times of certain trials, etc., that is not a cover up. It’s a clear effort to try and ensure, as justice and our Constitutions require, that there will be a fair and impartial trial, without the prejudice that often pretrial publicity engenders,” he said.

A New Era

Currently there are over 27 suits filed against the Vermont Catholic Diocese dealing with sexual abuse. In the past three years a handful of other settlements have been reached for amounts ranging from $120,000—to the landmark settlement in the Michael Gay case of $965,000. Obviously, money of this magnitude can serve as a motivator for both additional victims and con artists to make claims.

While Cleary tastefully sidesteps questions about the latter, as well as inquiries about other lawyers seeking out victims to represent, he does admit new challenges have come as a result of various media coverage.

“There is no question that additional plaintiffs have come forward when they have been contacted by other victims of abuse and they have been encouraged to participate in additional claims/lawsuits. That, coupled with continued publicity/commentary in the media regarding these claims, indeed encourages others to come forward who have not thought about presenting or pressing any claims for perhaps 30 or 40 years. Unfortunately, it is a fact of life in our century with regard to litigation,” he said.

It is not known yet to exactly what extent the Diocese will have to bear the financial burdens associated with the lawsuits. Currently they have filed a suit in federal court against the insurance company that was covering them at the time of the allegations.

“It is certainly the hope of the Diocese that all available insurance coverage for the years in question will be made available to cover all costs incurred, and also to assist, where necessary, with so called indemnity/settlement payments,” he said.

While Cleary is quick to acknowledge that the Catholic Church in Vermont and elsewhere is going through a difficult time, there is hope for the future.

“It simply stands to reason that indeed, the church as an institution will move forward and regain its momentum as a charitable religious and teaching institution,” he said.

When that day finally comes, and the church is able to focus their attention on more traditional pursuits, there is no doubt Catholics across Vermont will be grateful they had men like David Cleary fighting for their best interest.

Click here for Part 1: Taking on the Church