September 13, 2003

Shea withdraws from Braio case

Lawyer cites secret settlement try

Emilie Astell TELEGRAM & GAZETTE STAFF

WORCESTER- A Houston lawyer representing a Shrewsbury man charging sexual abuse at the hands of a Roman Catholic bishop was allowed to withdraw from the case yesterday, but is charging that his former client is being coerced into a secret settlement.

After he withdrew, lawyer Daniel J. Shea filed for intervention in the case of Sime J. Braio, 53, who alleges in one of two lawsuits that Auxiliary Bishop George E. Rueger sexually abused him when Mr. Braio was a teenager. Bishop Rueger has denied the allegations.

Mr. Braio also named the Roman Catholic bishop of Worcester, a corporation, in the suit, but the corporation was dismissed as a defendant yesterday by order of Superior Court Judge Leila R. Kern.

The judge said in her decision that Mr. Braio had not established a factual basis to hold the corporation liable.

Mr. Braio also has a defamation suit against Monsignor Thomas J. Sullivan, diocesan chancellor and liaison to the office of Worcester District Attorney John J. Conte. Mr. Braio alleges that Monsignor Sullivan disseminated misinformation within the diocese that Mr. Braio had HIV. Mr. Braio later sought an HIV test, which came back negative. He made the result public.

During a hearing yesterday on Mr. Shea's motion to withdraw, Mr. Braio said he has waited two months to receive all the files held by Mr. Shea so that he could find a new lawyer.

"I have several attorneys who want to look at the case," Mr. Braio said, "but I need the files."

Judge Kern said she was reluctant to allow Mr. Shea to withdraw without having another lawyer to replace him. She called two Worcester lawyers, Abigail Williams and Robert C. Fontana, a former assistant district attorney, to the bench to determine whether they were interested in taking on the case. Both were in the courtroom listening to the proceedings.

Ms. Williams said she and Mr. Shea represented Mr. Braio a year ago, but she dropped out for medical reasons.

"It's improper for me to say whether I will represent him," she said, "but I'd be happy to look at it."

After a string of arguments over possession of the files, Judge Kern ordered Mr. Shea to turn over the originals within 10 days. She also gave Mr. Braio 60 days, until Nov. 14, to come up with new legal representation.

When the hearing ended, Mr. Braio was approached by a reporter for comment, but Ms. Williams and Mr. Fontana whisked him away.

In his application for intervention, Mr. Shea said he learned from multiple independent sources that people acting on behalf of the Roman Catholic corporation were attempting to enter into a secret settlement with Mr. Braio.

Mr. Shea charged that the secret agreement was to be reached before Mr. Shea had an opportunity to take depositions from two people who would supply evidence that Mr. Braio was a student at the Lyman School for Boys at the time he was assaulted.

Mr. Shea also charged that attempts were made by the corporation and Bishop Rueger to impede a police investigation of Mr. Braio's attendance at the school and that attempts were made to impede the effort to determine whether a connection existed between Bishop Rueger and 51 Egypt Ave., Scituate, where the alleged assaults took place.

Mr. Shea is seeking a lien on any awards made to Mr. Braio, either through trial or settlement, in connection with the 18 months he said he represented Mr. Braio.


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