‘Our Work In the News’ Section

For More Information:
Kelly Clark, Esq. Attorney for plaintiffs
(503) 407-7381

Rebecca Tweed, Media Relations
(503) 860-6033

Monday, November 16th, 2009

Portland, Ore—The Church of Jesus Christ of Latter Day Saints (the Mormon Church) will be the subject of five new claims of childhood sexual abuse to be filed today, Monday, November 16^th in three separate states, with filings in San Francisco, Portland and Seattle.  The cases all involve plaintiffs who are now adult men, and who were abused as children by men who held leadership positions in local Mormon churches.  Four of the cases will also name the Boy Scouts as co-defendants, since the perpetrators simultaneously served as Scout leaders.

The San Francisco cases will be filed in the morning, and the Portland and Seattle cases in the afternoon, according to Portland attorney Kelly Clark, who frequently handles child abuse cases against churches, the Boy Scouts, schools, and other youth organizations.

Copies of all of the lawsuits, as well as well as a full media release and packets and other relevant background information will be released early Monday morning.  Clark, along with California co-counsel Lisa Sapcoe, and the plaintiffs in the California cases will be available at a media conference at 11:00 a.m. at Civic Center Plaza on Goodlett Place in San Francisco. 

# # #

For information on the San Francisco, California lawsuit, please click here.

For information on the Portland, Oregon lawsuit, please click here.

For information on the Seattle, Washington lawsuit, please click here.

EAST BAY AREA SEVENTH DAY ADVENTIST CONFERENCE, HIT WITH NEW ALLEGATIONS IN CHILDHOOD SEXUAL ABUSE LAWSUIT

For More Information:
Kelly Clark, Esq.: 503-306-0224
Lisa A. Sapcoe, Esq.: 510-433-1830

CONTRA COSTA SUPERIOR COURT CASE NO.  C-09-02215

October 1, 2009

Martinez, Cal—The Pleasant Hill Adventist Academy, formerly known as the Pleasant Hill Junior Academy, an elementary, middle and high school, and the Northern California Conference of the Seventh Day Adventists, are the targets of new allegations filed today in a lawsuit arising out of sexual abuse, in the mid‑1990s, of a female student by Andrew McPherson, then a teacher at the Adventist school.  Two years later, after a transfer from Pleasant Hill, McPherson was convicted for multiple crimes related to sexual abuse of students at another Adventist school in Reno, Nevada, but he was never charged or held accountable for his actions in Pleasant Hill.

“We contend that all of this could and should have been avoided,” said Kelly Clark, an attorney from Portland, Oregon,who regularly represents victims of childhood sexual abuse.^[1]  “If the school had acted on information it had as early as 1993 or 1994, not only this girl, but those kids in Reno, could have been spared the abuse they suffered.”

The lawsuit contends that one Andrew McPherson, who was a teacher at Pleasant Hill Academy when the plaintiff, our client, who is referred to as Jane Doe for privacy reasons, was in seventh, eighth, and ninth grades, sexually and physically abused and harassed her with explicit sexual comments, as well as grabbing, stroking, fondling, and French kissing her on multiple occasions.  According to the lawsuit the abuse culminated in a violent episode in May 1996, in which McPherson became angry with plaintiff for refusing his authority, pushed her into a chair, while throttling her neck with his hands until he heard someone approaching.

According to Lisa Sapcoe, an Oakland trial attorney also representing the victim in the case, the plaintiff’s case is expected to offer evidence of warnings to Pleasant Hill Junior Academy prior to the plaintiff’s abuse.  “We believe we can prove that the school had ample warning from concerned parents that this teacher was inappropriate physically, verbally, and sexually,” said Sapcoe.  “We believe we can prove the school knew or should have known of McPherson’s inappropriate sexual behavior to prompt action against this teacher prior to the time that Jane M. Doe was abused,” said Sapcoe. 

The lawsuit further contends that McPherson – who was the son of a prominent Adventist official in the Idaho Conference – was transferred after the throttling attack to another Seventh Day Adventist school in Reno, Nevada.  He was arrested there two years later, in February 1998, and convicted of crimes related to sexually abusing students.

According to Clark, who has represented over 200 individuals abused as children by adults such as Catholic priests, Mormon and Adventist church officials, clergy of numerous other denominations, Boy Scout leaders, teachers, coaches, and other adults in institutions of trust, “Our client is now a young mother struggling to put all this behind her, and has suffered similar emotional consequences as we see in many adult survivors of childhood abuse: significant issues concerning trust, physical and emotional intimacy, hyper-vigilance with regard to her own children, significant anger and clinical depression, and an extraordinary damage to her religious faith. No child or young woman should be abused by a trusted adult – especially in a setting of near total trust, a religious school.”

The suit seeks $5 million in general damages, plus another $250,000 in economic damages, primarily expected and incurred counseling and mental health expenses.  According to the attorneys, the case would normally come to trial in about a year.

###

Official Lawsuit Complaint
Summary of Background Facts
Official Statement of Jane Doe

EAST BAY SEVENTH DAY ADVENTIST SCHOOL, CONFERENCE,
TO BE NAMED IN CHILDHOOD SEXUAL ABUSE LAWSUIT ON THURSDAY

For More Information:
Kelly Clark
(503) 306-0224
kellyc@oandc.com

September 30, 2009

Contra Costa County, Cal—The Pleasant Hill Adventist Academy, formerly known as Pleasant Hill Junior Academy, an East Bay area elementary, middle and high school, and the Northern California Conference of Seventh Day Adventists, the regional denominational center for Seventh Day Adventist Churches, are the focus of new allegations of childhood sexual abuse arising from the mid‑1990s, to be filed in a lawsuit tomorrow, Thursday, October 1st, according to attorneys for the victim.

Portland attorney Kelly Clark of O’Donnell, Clark & Crew LLP, who frequently handles such lawsuits on behalf of victims of child abuse, and Oakland trial attorney Lisa Sapcoe of Armstrong & Associates LLP, will make statements and be available for media questions on Thursday, October 1st at 3:00pm in front of the Contra Costa County Courthouse at 725 Court Street, Martinez, California (entrance on Court St. side).

At this time, the attorneys will explain the facts giving rise to the lawsuit, as well as distribute a comprehensive media packet—including background material, copies of the lawsuit, relevant photographs and other related materials, and they will read a statement from the victim, now an adult.

For more information about tomorrow’s filing and media conference, contact Kelly Clark at his office: (503)306-0224, cell phone: (503) 407-7381 or via email at kellyc@oandc.com.

 ###

KTVZ.com
Associated Press – July 13, 2009 1:25 PM ET

For More Information
Erin Olson, Attorney
(503)348-2036
EOlson@ErinOlsonLaw.com

July 13th, 2009

Portland, Ore.—Over three years after the conclusion of the Portland Archdiocese bankruptcy, US Bankruptcy Judge Elizabeth L. Perris today ordered the release of more than a thousand pages of previously unreleased documents from the files of accused clergy of the Archdiocese of Portland, including clergy not previously identified as having been accused of abusing children. The order also authorized the release of transcripts of depositions taken by tort claimants during the Archdiocese of Portland’s bankruptcy case, including that of former Portland Archbishop William Levada, now Cardinal of the Congregation for the Doctrine of the Faith at the Vatican. Documents summarizing the Archdiocese’s pattern and practice of ignoring allegations that its priests had sexually abused children were also directed to be unsealed in today’s order.

The order was the outcome of efforts of 22 tort claimants, represented by attorney Erin K. Olson, who were dissatisfied with the Archdiocese’s selective release of documents after Archbishop Vlazny’s public promise in April 2007 to release relevant documents relating to accusations of child abuse against priests. The tort claimants invoked a procedure agreed to by the Archdiocese in its bankruptcy case, identifying documents which had not yet been released by the Archdiocese and presenting them to Judge Perris for a release decision. Judge Perris reviewed the thousands of pages submitted, authorizing the release of most of the documents.

Judge Perris’s 37-page opinion, incorporated into today’s order, analyzed and rejected the arguments of the Archdiocese and several individual priests who opposed the release and unsealing of documents, including arguments that the tort claimants lacked standing to seek the release of documents, and that priests who had not been the subject of legal claims and those against whom only one allegation of abuse had been made should not be identified. With respect to the latter argument, Judge Perris wrote, “Although debtor argues that false allegations have been made, and falsely accused clergy should be protected from the ‘stain of public accusation of child abuse,’ * * * it does not provide any evidence that would support a conclusion that these particular clergy were falsely accused, nor that the accusations against them were unsubstantiated.”

The deposition transcripts authorized to be released include those of former Archbishop William Levada , Auxiliary Bishop Kenneth Steiner, Fr. Charles Lienert, and Fr. Paul Peri – - all high ranking administrators for the Archdiocese of Portland when allegations of clergy abuse were brought to their attention.

"We’re thrilled Oregonians are one step closer to learning the truth about long-secret clergy sex crimes and cover ups," said Barbara Blaine of Chicago. Blaine is the founder and president of a support group called SNAP, the Survivors Network of those Abused by Priests.  “At the same time, we’re sad that Catholic officials continue to spend hundreds of thousands of dollars, given by generous parishioners, to protect dangerous predators and their complicit colleagues. We’re especially grateful that Cardinal Levada’s deposition will be disclosed. Too often, those at the top of the church hierarchy succeed in keeping their own involvement in horrific child sex cases under wraps."

Judge Perris’s order stayed the release of the documents for 30 days to give the Archdiocese and the accused clergy and former clergy time to decide whether to appeal the order. “Whether the Archdiocese appeals, or funds an appeal by its clergy, will reflect the integrity of its commitment to transparency and the healing of those abused by its priests,” said Olson, who represented the tort claimants in the effort.

“Erin and her clients deserve a great deal of credit,” said Kelly Clark, an attorney who represented nearly 40 survivors who entered into an agreement with the Archbishop, whereby the Archdiocese would voluntarily disclose documents. That agreement resulted in a lengthy mediation and arbitration finalized last year, resulting in the Archdiocese being forced to release some, but not all, documents. “Erin called this one spot-on: she was right that the Archdiocese could not be trusted to follow through on its promises. I applaud her tenacity and hard work,” said Kelly Clark.

###

For More Information Contact:

David Clohessy, SNAP: (314) 566-9790 (Cell)

Stephen Walsh, Tort Claimant Spokesman: (510) 260-7297

Peter Carlich, Tort Claimant Spokesman:(541) 528-3380

For More Information
Erin Olson, Attorney
(503)348-2036
EOlson@ErinOlsonLaw.com

July 13th, 2009

Portland, Ore.—Over three years after the conclusion of the Portland Archdiocese bankruptcy, US Bankruptcy Judge Elizabeth L. Perris today ordered the release of more than a thousand pages of previously unreleased documents from the files of accused clergy of the Archdiocese of Portland, including clergy not previously identified as having been accused of abusing children. The order also authorized the release of transcripts of depositions taken by tort claimants during the Archdiocese of Portland’s bankruptcy case, including that of former Portland Archbishop William Levada, now Cardinal of the Congregation for the Doctrine of the Faith at the Vatican. Documents summarizing the Archdiocese’s pattern and practice of ignoring allegations that its priests had sexually abused children were also directed to be unsealed in today’s order.

The order was the outcome of efforts of 22 tort claimants, represented by attorney Erin K. Olson, who were dissatisfied with the Archdiocese’s selective release of documents after Archbishop Vlazny’s public promise in April 2007 to release relevant documents relating to accusations of child abuse against priests. The tort claimants invoked a procedure agreed to by the Archdiocese in its bankruptcy case, identifying documents which had not yet been released by the Archdiocese and presenting them to Judge Perris for a release decision. Judge Perris reviewed the thousands of pages submitted, authorizing the release of most of the documents. 

Judge Perris’s 37-page opinion, incorporated into today’s order, analyzed and rejected the arguments of the Archdiocese and several individual priests who opposed the release and unsealing of documents, including arguments that the tort claimants lacked standing to seek the release of documents, and that priests who had not been the subject of legal claims and those against whom only one allegation of abuse had been made should not be identified. With respect to the latter argument, Judge Perris wrote, “Although debtor argues that false allegations have been made, and falsely accused clergy should be protected from the ‘stain of public accusation of child abuse,’ * * * it does not provide any evidence that would support a conclusion that these particular clergy were falsely accused, nor that the accusations against them were unsubstantiated.”

The deposition transcripts authorized to be released include those of former Archbishop William Levada , Auxiliary Bishop Kenneth Steiner, Fr. Charles Lienert, and Fr. Paul Peri – - all high ranking administrators for the Archdiocese of Portland when allegations of clergy abuse were brought to their attention.

"We’re thrilled Oregonians are one step closer to learning the truth about long-secret clergy sex crimes and cover ups," said Barbara Blaine of Chicago. Blaine is the founder and president of a support group called SNAP, the Survivors Network of those Abused by Priests.  “At the same time, we’re sad that Catholic officials continue to spend hundreds of thousands of dollars, given by generous parishioners, to protect dangerous predators and their complicit colleagues. We’re especially grateful that Cardinal Levada’s deposition will be disclosed. Too often, those at the top of the church hierarchy succeed in keeping their own involvement in horrific child sex cases under wraps."

Judge Perris’s order stayed the release of the documents for 30 days to give the Archdiocese and the accused clergy and former clergy time to decide whether to appeal the order. “Whether the Archdiocese appeals, or funds an appeal by its clergy, will reflect the integrity of its commitment to transparency and the healing of those abused by its priests,” said Olson, who represented the tort claimants in the effort.

“Erin and her clients deserve a great deal of credit,” said Kelly Clark, an attorney who represented nearly 40 survivors who entered into an agreement with the Archbishop, whereby the Archdiocese would voluntarily disclose documents. That agreement resulted in a lengthy mediation and arbitration finalized last year, resulting in the Archdiocese being forced to release some, but not all, documents. “Erin called this one spot-on: she was right that the Archdiocese could not be trusted to follow through on its promises. I applaud her tenacity and hard work,” said Kelly Clark.

###

View the official decision here.

For More Information Contact:

David Clohessy, SNAP: (314) 566-9790 (Cell)
Stephen Walsh, Tort Claimant Spokesman: (510) 260-7297
Peter Carlich, Tort Claimant Spokesman:(541) 528-3380

Salem-News.com

Tim King
June 25th, 2009

After clearing the House, House Bill 2827 will go to Oregon Governor Ted Kulongoski to be signed into law.

(SALEM, Ore.) – A bill that would raise the age of sex abuse victims in Oregon from 24 to 40 will likely become law. The future of House Bill 2827 appeared bleak when we wrote about it May 28th 2009. (see: Will Oregon Stand for Sex Abuse Victims? – Tim King Salem-News.com

Many of the cases originate from churches in Oregon and experts like Portland Attorney Kelly Clark, say it often takes several decades for a person to comprehend the magnitude of their experience and come forward.

Bill Crane from the group SNAP, (Survivors Network of people Abused by Priests) says it is a good day in Oregon and while cautious, he agrees that it is good news on a day that could use it.

Molly Woon with the Oregon State Legislature says H.B. 2827 passed through the Senate Floor today, after moving through the Oregon House unanimously.

Woon says there was an amendment and the bill has to now go back to the House for concurrence. The change, "removed definition of causable connections between injury and child abuse," according to Woon.

She says it amounts to a technical fix.

After clearing the House, House Bill 2827 will go to Oregon Governor Ted Kulongoski to be signed into law.

IndianZ.com
June 19, 2008

A group called People Against a Casino Town can challenge the Class III gaming compact for the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians, the Oregon Supreme Court ruled on Thursday.

The group questions whether the state governor had the authority to sign the compact. The group says the state constitution bans casinos. The tribe opened the Three Rivers Casino in 2004 and has been operating under a federally-approved compact. Legal challenges to the Indian lands status of the gaming site were rejected in the federal and state courts.

"All this lawsuit is doing is wasting taxpayers money," tribal spokesperson Bob Garcia told The Oregonian. "If the residents of the state of Oregon want to end tribal gaming, stop the Oregon lottery, stop the Oregon slot machines. Then they can have a say in what tribes do in Oregon. Take care of your own house first." Get the Story:
Court says group can sue over Florence casino (The Oregonian 6/19) Court Decision:
State ex rel Dewberry v. Kulongoski (June 18, 2009) 

KLCC 89.7
6/19/2009
By Angela Kellner

The Oregon Supreme Court ruled Thursday that a citizens’ group has the right to challenge the constitutionality of the governor’s agreement to allow a casino in Florence.

“People Against a Casino Town” or PACT has been challenging the Three Rivers Casino since shortly after it was approved. They claim it violates the state’s constitution, which prohibits casinos. PACT attorney Kelly Clark says the supreme court decision was a procedural ruling which allows the case to move forward.

Kelly Clark: “The PACT organization has been bounced from court to court with the state of Oregon playing essentially keep-away. Finally, the Oregon Supreme Court has said, ‘enough of that, we think these citizens are entitled to an answer.’ That very simple question is the same one we’ve been asking for five years. How is it in a state whose constitution prohibits casinos that our governors keep allowing casinos? And finally, we’re going to get an answer to that question.”

The answer could have far-reaching ramifications for Oregon’s other tribal casinos. Tony Green with the state Attorney General’s office told KLCC the governor has the authority to site casinos. The case now moves back to the Lane County Circuit Court for a ruling on the merits.

Casino Gambling Web

The Confederated Tribes of the Coos, Umpqua, and Siuslaw opened their casino in Florence, Oregon, five years ago. They have been operating the casino even though many citizens in the town believe the casino is being run illegally.

The anti-gambling group, People Against a Casino Town, have been fighting their battle in court, and on Thursday they received a key ruling. The state Supreme Court ruled that the group can challenge the legality of the casino.

The Three Rivers Casino was brought upon by a compact that was signed between the tribe and the governor at the time. The anti-gambling group is contending that the constitution states that casinos are illegal in Oregon, and that the compact was signed illegally.

"I don’t know the endgame. If we win, it means the casino is operating illegally," said Kelly Clark, lawyer for the anit-gambling group, "What happens next is up to the United States attorney, as to how they would enforce the law."

The group is hoping that the casino will be forced to close down. The tribe says they have no plans to close the casino, and hope that they will prevail in court.The casino cost the tribe $60 million to build.

Although the Oregon constitution bans casinos, governors have entered into compacts in the past to allow casinos to be built. Not all citizens in Florence want the casino shut down. Many claim to enjoy having the gambling outlet nearby.