Survivors of abuse address court for second time in bankruptcy process

Eight survivors of sexual abuse by clergy and religious in the Archdiocese of Baltimore spoke during a court hearing May 20 as part of the archdiocese’s Chapter 11 bankruptcy process, providing a sometimes-gruesome look into the decades of impact on their lives.

The hearing, delayed 20 minutes by a technical glitch in the court’s audio recording system, lasted nearly two hours.

As the deadline to file a claim nears May 31, Judge Michelle M. Harner, who is presiding over the process, said that, like a similar hearing April 8, the May 20 hearing would not be on the record or evidentiary. 

“Today, the court will provide time and space for listening,” she said. 

She apologized for the technical glitch especially to the presenters, acknowledging the pain they had already experienced. 

Introducing the testimony, Paul Jan Zdunek, chairman of the Official Committee of Unsecured Creditors, a group of seven people who represent all the victim-survivors in the case, noted that six of the seven members of the committee were present in court. Two of them shared their impact statements with the court.

Zdunek thanked Harner “for continuing to give a voice to the voiceless – to those who have been threatened for too long to ‘just keep quiet.’ Your sincere interest in the humanity of this process has not gone unnoticed by the committee and those who are following this case.”

He also thanked Archbishop Lori for “continuing to try to right the wrong that has plagued the church for so long. As one survivor said last time – you were not here then, but you are here now – and you are genuinely listening to those who want to be heard, to be seen, and to be acknowledged for the innocent children they were before their nightmare, and for the courageous adult-children they are today.” He said the victim’s statements could be hard to process, but added that it could be “powerfully cathartic” for them to move forward with less of a burden.

In their testimony, the victim-survivors – four women and four men – spoke of having been “groomed” by their abusers, by building familiarity and trust, and then eventually pushing the boundaries in their relationship to include fondling, introduction to pornography and rape.

Those who spoke detailed years of abuse – emotional, physical and sexual – by those they trusted precisely because they were priests or religious brothers, and therefore considered “safe” by their families. 

Some lashed out in anger at the church in general and at Archbishop William E. Lori in particular as a representative of the church today. As at the April 8 hearing, Archbishop Lori and Auxiliary Bishop Adam J. Parker sat at the front of the courtroom, listening intently to all the testimony. Jerri Burkhardt, director of the Office of Child and Youth Protection for the archdiocese, attended as well.

Several victim-survivors mentioned having PTSD (post-traumatic stress disorder) and experiencing nightmares and terrors. Many experienced additions to alcohol and drugs. Almost all noted that they had trouble trusting anyone and forming friendships, and some mentioned marriages that broke up because of the lasting pain of the abuse they experienced. Several mentioned thoughts of suicide.

Some are no longer religious or believe in God. “I hate God because he let this happen to me,” said one victim-survivor. 

Others have either come back to faith in God or never left the faith. “I’m angry,” said one woman, who was raped at the same time as her twin sister, who died two years ago. “I don’t blame God. I love God.” She said she has forgiven her abuser, but she doesn’t know if the Lord has.

Several of those who testified pointed out that their parents were unaware of the abuse as it was happening, sometimes in their own home or in the parish rectory. Some learned of the abuse many years later.

One victim-survivor said that during her abuse, she felt abandoned and alone, and believed “pain and misery was my lot in life.” She said she prays that the church will ensure that children are safe.

“I am better (now) than I was. But I can’t get a do-over,” she said, as she shared two poems about her abuse and its impact with the court.

After the testimony, Zdunek noted the resilience of the survivors as they faced “the darkest, scariest, and loneliest moments of their entire lives. Nothing, absolutely nothing we accomplish in this case will ever make up for the horror they faced as innocent children just wanting to please their family and their church – but hopefully today’s opportunity – afforded by the court and the archbishop – will be a salve for their souls.”

Harner ended the hearing by thanking those who spoke, noting that she wanted to say very little, so that “their words remain the focus.”

Outside the federal courthouse in Baltimore after the hearing, Zdunek emphasized that there is still time for those who were abused within the archdiocese to file a claim in the Chapter 11 case. The court set a “bar date” or deadline of May 31 at midnight for any claims. 

Zdunek noted that those who file can remain anonymous, if they wish. He said he had talked recently with a classmate of his – who had been abused at the same time Zdunek was – who did not want to file because he did not want his family to learn about the abuse. Once he was assured he could file anonymously, he agreed to make a claim.

The creditors committee chairman said that 320 claims have been made as of May 20. “But I haven’t filed mine yet, so there will be at least 321,” Zdunek said. He said he expects more claims to be filed by the deadline.

He said the archdiocese and the creditors committee have been working toward a cooperative resolution of the Chapter 11 process, and that the committee has met with Archbishop Lori and his team a few times. He said the goal was not just financial compensation for as many victims as possible, but also addressing the source of abuse.

“The archdiocese is saying the right things” about ensuring that no one ever again has to experience what those who testified in the courtroom endured, Zdunek said.

In an interview after the hearing, Archbishop Lori told the Catholic Review he was deeply moved by the testimony and the courage it took to speak to the court. He said hearing the pain and anguish was “soul-searing.” 

He said he has met many times in the past with victim-survivors and has heard some similar things to what was said in court. “But every time you hear it, it’s as if you’re hearing it for the first time and it’s nothing you ever get used to it. It brings grief and sorrow every time you hear it,” he said.

The archbishop noted that the archdiocese is building a relationship of trust with the creditors committee and is discussing the archdiocesan safe environment policies with them. “We are open to any input they may wish to share with us, and it’s been a constant desire and effort on the part of the archdiocese to strengthen these policies progressively over time,” he said.

In a statement released by the archdiocese May 20, Archbishop Lori apologized to the victim-survivors “for the trauma they suffered and the damage to their lives.”

He said the church’s strong child protection policies in place today, implemented over the last more than three decades, “cannot remove the life-altering pain victim-survivors have endured, but please know this: Allegations of abuse are immediately reported to law enforcement and the alleged perpetrator is temporarily removed from ministry pending the results of the investigation. Outreach is simultaneously extended to the victim.”

He said the archdiocese has a zero-tolerance policy in place for anyone credibly accused of abuse, and that anyone determined to be credibly accused is permanently barred from all ministry in the church. 

All employees, volunteers and youths are trained to detect and report suspected abuse. In addition, all employees and volunteers undergo mandatory background checks and safe environment training, the statement said.

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