Diocese sued over Kelley
LEOMINSTER -- Suspended priest Robert E. Kelley is facing criminal charges, but a civil suit filed by his alleged victims doesn't name him as a defendant.
The suit filed by Heather Mackey -- the alleged victim in the criminal case -- and other alleged sexual abuse victims is the latest legal effort revolving around the former associate pastor of St. Cecilia's Church.
Mackey, of Tewksbury, is one of five plaintiffs. The others are Debbie A. Doucet and Nicole M. Cormier of Leominster; Diane Gallian of Ashburnham; and Denise Hanrahan of Idaho. All allege they were abused while parishioners at St. Cecilia's.
The complaint, filed Friday in Middlesex Superior Court by Marblehead lawyer Jeffrey A. Newman, alleges 30 counts of negligence and liability by the Roman Catholic Diocese of Worcester, St. Cecilia's pastor George E. Denomme, and the Rev. Francis Goguen.
Newman said Monday that for the women to sue Kelley would essentially be redundant and futile.
"The criminal law is exacting its strength against him now," he said, adding that Kelley has no money.
He also said his law firm, which he estimated is involved in some 120 cases of clergy abuse, is in this case "focusing on the responsibility of the diocese."
Worcester Diocese spokesman Raymond Deslisle is on vacation this week, and no other diocesean official could be reached Monday for comment.
Mackey is the alleged victim in the criminal case against Kelley in Worcester Superior Court where the former Leominster, Lunenburg and Gardner priest was indicted on five counts of unnatural rape of a child.
He pleaded not guilty to all counts and remains free on personal recognizance, awaiting a July 24 pretrial hearing.
"I'm glad it's finally moving," Mackey said Monday of the civil case. "You kind of just want to move on with your life and get closure."
The complaint alleges that the defendants "knew or should have known that Robert E. Kelley posed a danger to the minor plaintiffs and failed to act to protect them."
"We know that they knew," Mackey said.
Kelley was sentenced to five to seven years in state prison in 1990 for sexually abusing a young girl at Sacred Heart Church in Gardner. He was also found responsible for more than $500,000 in damages in a civil suit in which he was accused of sexual abuse while at Notre Dame parish in Southbridge.
Newman is one of a handful of lawyers who called for a 30-day reprieve on settlement talks with the Boston Archdiocese, involving hundreds of alleged victims and dozens of Catholic priests. He said this complaint would not be included in those settlement discussions, because the Worcester Diocese is a separate entity.
Karen Pedersen of Fitchburg, who says she was abused by Kelley when he served at St. Boniface Church in Lunenburg, is involved with another civil complaint that is set to go to trial in July 2003.
In his experience, Newman said it takes about 24 months from the time a complaint is filed until it goes to trial. He said there are "a lot" of depositions yet to be conducted and still more fact-gathering to do.
"We have a game plan," he said.
Newman said his firm is working with seven other alleged Kelley victims and complaints are being written on their behalf as well.
Mackey said the e-mail address set up by some of the first victims to come forward -- rksurvivors@yahoo.com -- has been critical. She said she plans to meet with "a couple of girls" this week and said the group has heard from 20 to 25 women through the e-mail address.
"There will be more," she said.