News

April 29, 2011

Christian Brothers File for Bankruptcy

CHRISTIAN BROTHERS BANKRUPTCY

Over the past eight years, our sexual abuse attorneys have settled more cases against the Congregation of Christian Brothers than anyone  else in the United States.  During that time we have gathered an extensive amount of evidence regarding their sexual abuse of children in both the United States and around the world, going back to the 1940s.

Sexual Abuse Lawsuits Force Christian Brothers to Declare Bankruptcy

(New York)  –  The Congregation of Christian Brothers, a Catholic religious order, has filed for bankruptcy protection over allegations that its members sexually abused scores of children in the United States and Canada.  Last year, the Congregation of Christian Brothers came under fire over a report by the government of Ireland that its members sexually abused thousands of children in that country.

Although the Christian Brothers filed for bankruptcy protection in New York, under the name of the Christian Brothers Institute, the majority of the active lawsuits were filed over allegations of sexual abuse at schools and orphanages the Brothers owned and operated in Washington state and Canada.

Seattle sexual abuse attorney Michael Pfau, who filed ten of the active claims in Washington state and has settled more than 50 others against the Christian Brothers in the past eight years, claims the Brothers filed for bankruptcy in an effort to shield their assets in Rome.  “Ever since they came to the United States the Christian Brothers have accumulated money and assets for their headquarters in Ireland and then Rome.  It is a worldwide organization that doesn’t want to be held responsible, either legally or financially, for what it knew its members were doing to children in the United States and Canada.”

At one point, the North American Province owned or operated more than a dozen orphanages and schools around the United States and in Canada.  Currently, its Brothers staff schools across the United States, including Brother Rice High School in Chicago, O’Dea High School in Seattle, and Damien Memorial School in Hawaii.

According to Pfau, it is unclear how many victims may come forward as a result of the bankruptcy filing.  “The Christian Brothers came to New York at the turn of the last century and they slowly moved West.  They operated schools in many states, including New York, Chicago, Montana, Washington, California, and Hawaii.  Given the severity of sexual abuse we have seen in their internal documents, and their cover-up of that abuse, it is difficult to imagine how many children were likely abused at their schools.”

The Christian Brothers are the second Catholic religious order to declare bankruptcy in the last two years over claims that its members sexually abused children.  Just last month, the Oregon Province of the Jesuits announced it had settled the claims of more than 450 victims who came forward after it filed for bankruptcy in 2009.

According to Pfau, who represents nearly 150 victims in the Jesuit bankruptcy, the two bankruptcies are similar because both orders are alleged to have frequently sent abusers to places where they could molest orphans or children from broken homes.  “This Christian Brothers organization has caused irreparable damage to a staggering number of children who were entrusted in their care.  They made money taking over the care of children, but put many of their members who were known abusers in charge of them.  Nobody else was there to protect them.  The results were predictable and horrific, and then they tried to cover it up.  This bankruptcy is just another effort for them to avoid responsibility for this tragedy.”

Pfau acknowledges the bankruptcy will lead to closure for abuse victims, but fears the Christian Brothers may try to use it to hide the full story of their alleged abuses. “The bankruptcy should be beneficial to victims in terms of providing some amount of closure, but it is frustrating to the extent it will allow the Christian Brothers to further conceal a century-worth of wrongdoing.”

More than Fifty Claims in Washington State Alone

In the past eight years, the Christian Brothers have faced more than fifty cases in Washington state over allegations of sexual abuse at schools they jointly operated with the Seattle Archdiocese.

See the evidence

 

April 25, 2011

Pfau Cochran Vertetis Amala Appellate Court Decision in our favor

CASE #: 65111-1-IA.G., D.F. and J.J., Res. v. Corp. of the Catholic Archbishop of Seattle, et al., Apps.
King County, Cause No. 08-2-02340-1 SEA

Counsel:Enclosed is a copy of the opinion filed in the above-referenced appeal which states in part: “We affirm.”

Excerpt: APPELWICK, J. — After settling these cases, the Archdiocese filed a motion to enforce the return or destruction of certain discovery documents, in accordance with a stipulated protective order the parties had signed. The trial court denied the Archdiocese’s motion and instead modified the protective order to allow opposing counsel, Pfau Cochran, to retain the documents because they were the subject of ongoing discovery disputes in other cases. The question of whether the documents could be used in those cases was expressly left to the discretion of the judges in those other cases. We find no abuse of discretion. We affirm.

Read the full text: 2011-04-25 — Court of Appeals 65111-1-I A.G., D.F. and J.J., Res. v. Corp. of the Catholic Archbishop of Seattle, et al. Apps.

April 25, 2011

Pfau Cochran Vertetis Amala case Ranked 35th of Top 100 Verdicts of 2010, Nationally by VerdictSearch.com

The verdict for class plaintiffs in Rekhter v DSHS was for $57,123,795 and ranked 35th of VerdictSearch’s Top 100 Verdicts of 2010. See the complete list below:

April 19, 2011

Darrell Cochran in The News Tribune – Parents of girl allegedly molested on bus sue Olympia district

Parents of girl allegedly molested on bus sue Olympia district

JEREMY PAWLOSKI; Staff writer

Published: 04/19/11 4:28 pm | Updated: 04/19/11 9:34 pm

The parents of a 6-year-old girl who allegedly was molested by a former Olympia School District bus driver sued the district Tuesday.

The lawsuit filed by Tacoma attorney Darrell Cochran alleges that the district “breached its duty and was negligent in the supervision and the protection over its students during school hours.”

Gary Shafer, 32, of Port Orchard, has pleaded not guilty to two counts of first-degree child molestation for allegedly sexually assaulting two girls on a bus in December, while acting as a helper on a route for Centennial Middle School. Shafer was being held Tuesday at the Thurston County Jail with bail set at $50,000.

The district “failed to keep students safe” by allowing Shafer “to have unfettered access to young, vulnerable children as he rode on a school bus in no official capacity other than as a self-appointed helper,” the lawsuit states. It also alleges that school district employees “observed episodes of inappropriate behavior towards (the girl) but failed to take appropriate action.”

Olympia School District spokesman Peter Rex could not be reached for comment. Rex has said in prior interviews that he cannot comment on pending litigation.

Shafer had worked for the school district since October 2005 and had driven several routes. He was placed on administrative leave during the first week of January, when the Thurston County Sheriff’s Office contacted the district about the allegations. Shafer resigned Jan. 19.

Shafer’s most recent bus assignment was route 41, which serves Reeves Middle and Hansen Elementary schools. Last week, Cochran filed a separate lawsuit alleging that the district is violating the Public Records Act by witholding documents related to its investigation of Shafer.

Cochran said he is still waiting for the documents, adding that he wants to know more about Shafer’s role as a helper when the alleged molestation occurred. As a helper, Shafer was supposed to be learning the route to act as a substitute for the Centennial Middle School driver.

Cochran said he wants to know what the driver saw and whether he tried to stop Shafer from letting children sit on his lap.

The driver “has got some explaining to do,” Cochran said.

In a tort claim notice, Cochran stated that he intends to ask the district to pay his clients $2.25 million, but the lawsuit filed Tuesday does not name a specific figure.

Jeremy Pawloski: 360-754-5465 jpawloski@theolympian.com

Read more: http://www.thenewstribune.com/2011/04/19/1632690/parents-of-6-year-old-girl-allegedly.html#ixzz1KYtRqXRV

 

April 14, 2011

The Olympian – Lawyer (Darrell Cochran) wants more records in sexual assault case

OLYMPIA – The attorney for a 6-year-old girl who was allegedly molested by a former Olympia school bus driver has filed a lawsuit accusing the Olympia School District of violating the Public Records Act by withholding documents related to its investigation of the driver.

Gary Shafer, 32, of Port Orchard, has pleaded not guilty to two counts of first-degree child molestation for the alleged sexual assaults on two 6-year-old girls on a school bus in December. At the time of the alleged assaults, Shafer was acting as a helper on a route serving Centennial Elementary School. Shafer was being held Wednesday at the Thurston County Jail in lieu of $50,000 bail.

Tacoma attorney Darrell Cochran sent a tort claim notice to the school district in February, notifying the district that he intends to sue it for $2.25 million in damages on behalf of one of the 6-year-old girls and her parents. On Wednesday, Cochran filed a separate complaint against the district, alleging that it has failed to comply with the public records act by withholding pertinent documents related to the district’s investigation of Shafer after the allegations of molestation came to light.

“To date, the District has failed to produce these records, withholding them for the purposes of interfering with Plaintiff’s investigation of Shafer’s sexual misconduct and the District’s investigation,” reads Cochran’s complaint filed in Thurston County Superior Court.

According to exhibits attached to the lawsuit, the school district has so far shared 544 pages of material with Cochran in response to his request for documents “concerning child sexual abuse allegations against Olympia School District employee Gary D. Shafer.”

However, according to a copy of an email Cochran sent to the district after he received the 544 pages, the documents from the district contain “not much in the way of any investigatory materials by the District.”

The email Cochran sent in late March to district public records coordinator Peter Rex continues, “You indicate in your cover letter that nothing has been withheld under any claim of privilege. I want to make sure I am not misunderstanding what you have stated. The lack of records would lead me to believe that the District has made absolutely no inquiry into the molestation of its students by one of its employees. This strikes me as highly unusual, highly unlikely or simply a miscommunication by either you or me.”

Cochran states in his email that he has heard that “a counselor at one of the elementary schools actually confronted Mr. Shafer or a driver about Mr. Shafer’s presence on one of the buses. I see nothing on the records that reflects the confrontation, and I wonder if you are familiar with that situation.”

Rex’s emailed response to Cochran on March 28 reads, “… to the best of my knowledge the documents I sent to you represent all of the records that are responsive to your request of February 10, 2011. If you have other questions about the issues you’ve raised, I’d be happy to put you in touch with our legal counsel.”

Reached by telephone Wednesday, Rex said that the district cannot comment on pending litigation.

Shafer had worked for the district since October 2005 and had driven several routes, Rex said in a prior interview.

Shafer was placed on administrative leave the first week of January, when the Thurston County Sheriff’s Office contacted the district about the allegations. He resigned Jan. 19.

Shafer’s most recent bus assignment was Route 41, which serves Reeves Middle and Hansen Elementary schools.

Rex has said that Shafer passed the criminal background check required under state law when he was hired.

Jeremy Pawloski: 360-754-5465 jpawloski@theolympian.com

Read more: http://www.theolympian.com/2011/04/14/1615849/suit-filed-over-bus-driver-inquiry.html#ixzz1JVraZMXT

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