Tuesday, Feb. 10, 2004 | 9:11 a.m.
A judge on Monday declined to exclude a local man from a lawsuit filed against a Henderson Catholic priest convicted of abuse.
Attorney Al Massi filed the suit last year on behalf of nine young men who were emotionally and physically abused at the hands of Mark Roberts. Along with Roberts, who pleaded guilty to abusing five of the plaintiffs, Bishop Joseph Pepe, Patrick Leary Monsignor and Bishop Daniel Walsh are also named as defendants.
In a hearing before District Judge Ron Parraguirre, defense attorneys argued that the statute of limitations governing when a suit can be filed had run out for one victim because he was 18 when the abuse occurred.
The Child Sexual Molestation Statute says children under 18 have 10 years to file a personal injury suit. Victims over 18, however, have only two years to claim personal injury, the attorneys said. The abuse involving the teens occurred between 1996 and 1999 and the suit was not filed until 2002.
Attorney Judith Simon-Kohl, who represents the Catholic Diocese, asked Parraguirre to issue a summary judgment in relation to the victim referred to as John Doe Seven, which would exclude him from the lawsuit.
"John Doe Seven's statute of limitations has expired," Kohl said. "Either he was 18 at the time of the alleged occurrences or he wasn't."
Parraguirre denied the request, however, saying attorneys should further investigate the psychological impact of the abuse on the victim. The case is expected to go to trial in October.
Massi provided the court with an affidavit from the victim's psychologist. While the victim knew he'd been abused in 1996, Massi said, he didn't recognize the full extent of his psychological injuries until other victims began to come forward in 2002.
"He didn't discover he was so impacted until the other young men came forward," Massi said. "It's when did it happen and when did you realize it?"
The civil suit came after the conclusion of a criminal case in District Court, in which Roberts pleaded guilty to one count of open or gross lewdness and four counts of child abuse and neglect. Roberts was sentenced to three years probation and was ordered to relocate to an unnamed treatment center outside of Nevada.
A judge in February ruled that Roberts had 60 days to transfer to the facility. Court officials said Roberts is still being held on house arrest in the Las Vegas area until he makes the move. Roberts also is going through the process of being removed from the priesthood.
Roberts' guilty plea related to fondling, verbally abusing and beating five boys between Jan. 1, 2001, and Feb. 1, 2002.
Simon-Kohl said it was too late for the victim in question to take civil action. The victim acknowledged he was abused in 1996 and at that time he "reported to the bishop an alleged wrongdoing by Mark Roberts," she said.
"There's no question he knew of these facts," she said. "The young man was interviewed by an investigative team."
Outside court, Massi said Kohl's acknowledgement that the bishop was made aware of the teen's claims as early as 1996 was significant.
"They have to now admit that in 1996, this person's conduct was reported to the bishop," and no action was taken, he said.
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