Edition: U.S. / Global

Bishops' Leader Resists Releasing Priest's Records in His Own Diocese

Published: May 2, 2004


The judge ordered the diocese, in Belleville, Ill., and the priest, the Rev. Raymond Kownacki, to release the files, pay a $2,000 fine and reimburse the plaintiff for legal fees.

The diocese is appealing the ruling.

Lawyers for abuse victims said this was the first such contempt ruling against a diocese that they knew of.

''The church has resisted the disclosure of documents in almost every case, but when they've been threatened with contempt, it's always resulted in disclosure or a settlement,'' said Jeff Anderson, a lawyer in St. Paul who has worked on hundreds of cases against the church. ''I can't think of a time where they've been held in contempt by a court for refusal to produce the documents.''

Mark E. Chopko, general counsel for the bishops' conference, said that such contempt rulings were ''a very common legal device,'' and that the church had been sanctioned before in cases that involved sexual abuse by members of the clergy.

Mr. Chopko said the bishops' conference was found in contempt in a case in Dallas in the 1990's that involved the Rev. Rudy Kos. In 1998, the Dallas Diocese agreed to pay $23.4 million to eight altar boys and the family of a ninth.

As president of the bishops' group for two years, Bishop Gregory has been the guiding force in urging his colleagues to repair the sexual abuse scandal through openness, accountability and a pastoral approach to victims.

Even before the scandal emerged in 2002, he had helped resolve a crisis in Belleville by banning all abusive priests from the ministry.

His spokesman did not respond to messages left about Father Kownacki's case.

Although many dioceses and religious orders have recently reached settlements with people making accusations of sexual abuse, many continue fighting the cases in courts, although news coverage about the issue has faded.

The contempt finding against the Belleville Diocese was issued Feb. 27 by Judge Lloyd A. Cueto of the 20th Circuit Court in St. Clair County.

Lawyers for the plaintiff and the defendants said they did not seek to publicize the ruling. The New York Times learned about it last week.

Bishop Gregory banned Father Kownacki from ministerial duties in January 1995, soon after the bishop became leader of the diocese.

Father Kownacki has been accused of child sexual abuse in three suits by three people. The first was a woman who said that when she was a teenager working as his housekeeper in the 1970's, he repeatedly raped and beat her. Her suit was dismissed in 2000, when it was ruled beyond the statute of limitations.

News of her case prompted two other accusers to come forward, both men. The contempt finding relates to a suit by one of them, James Wisniewski. He accuses the priest of sexually abusing him for five years in the 1970's, starting when he was 12. He says the diocese kept Father Kownacki in the ministry in the 1970's, even after it had been warned about his behavior by the teenage housekeeper's family.

Mr. Wisniewski's suit says the diocese committed conspiracy and fraud and asks for $50,000 in damages.

J. Michael Weilmuenster, a lawyer for Mr. Wisniewski, sought access to the priest's mental health records in an effort to prove that the diocese was aware that he had a history of abuse.

The diocese and Father Kownacki, who are co-defendants, fought the release of the files. The defendants argued that the papers were protected under two Illinois laws that preserve the confidentiality of records related to mental health and treatment for substance abuse. Many states have similar statutes.

''The basis for it is perfectly understandable,'' the lawyer for the diocese, W. David Wells, said. ''If you thought your medical records would be a matter of public knowledge, you probably would not be as candid with your doctor.''

The judge decided that the diocese had to turn over any records created before the laws on patient confidentiality went into effect, 1979 for mental health and 1988 for substance abuse.

Mr. Weilmuenster said that he had sent Bishop Gregory a letter saying that Mr. Wisniewski did not want to litigate the case and would like to meet the bishop and that the bishop never responded.

''I have great respect for what Bishop Gregory did -- initiating investigations, getting these priests out,'' Mr. Weilmuenster said. ''I don't understand why the diocese takes the position it does. And he's the captain of the ship.''

Photo: Bishop Wilton D. Gregory leads a diocese held in contempt of court. (Photo by Doug Mills/The New York Times)