Denver Jury Awards $1.2 Million in Clergy Misconduct Trial
Episcopal News Service. September 17, 1991 [91174]
A Denver District Court jury has found the Diocese of Colorado and its former Bishop William Frey liable for more than $1.2 million in a case involving clergy sexual misconduct.
Mary Tenantry, 35, claimed that she was emotionally, spiritually, and financially damaged by a 1985 affair with the Rev. Paul Robinson, a former priest of the diocese -- and the church's alleged subsequent "cover-up" of the affair.
In testimony during the trial, Tenantry said that the affair began when she went to Robinson, then a curate at her parish, for counseling related to her own marital problems and her daughter's potentially fatal illness. Tenantry said that the affair lasted several months, and that she later sought advice from Frey regarding the matter.
Frey testified that he advised Tenantry to seek additional psychological counseling, but that she should not "gossip" about the affair. He also maintained that Tenantry and her former husband requested he not take action against Robinson. Shortly thereafter, Frey confirmed Robinson's appointment to head a parish in Colorado Springs.
Tenantry's lawyer claimed that Frey's advice intensified her mental problems and amounted to silencing a victim. In her closing argument, Joyce Seelan, attorney for Tenantry, stated, "This church, this diocese, is protecting its priests.... We're here because of arrogance. Arrogance and lack of concern start at the top and filter down.... Robinson was promoted, and Mary was silenced."
Miles Gersh, representing Frey and the diocese, argued that Robinson was not an agent of the diocese and his behavior was never approved; that prior to his ordination he had passed rigorous screening; and that a psychiatrist had testified that Tenantry would still require extensive hospitalization and years of outpatient therapy even if she had never met Paul Robinson.
The jury, however, agreed with Tenantry. After the verdict, jury foreman Jeffrey Dean told the press: "We sure hope it sends a message that if any entity is going to take the responsibility to counsel individuals, they darn well better think about what they are doing." He pointed to the need for responsible, well-supervised counselors, and definite guidelines to be followed should problems arise.
"Because of the way they viewed the church as being an authority and all-powerful, Mary and her husband were somewhat in awe of the situation and scared of casting stones at one of their own," Dean said. "They came to Bishop Frey in hopes they could pass the burden of discipline onto him. But he dropped the ball. At the very least, Father Robinson should not have been given his own parish."
Marita Keeling, a Denver psychiatrist who treated Tenantry after she filed the lawsuit, told the jury that Frey's handling of the affair "left the impression that church people are interested in protecting themselves, and the church, therefore, is not to be trusted."
"I'm disappointed in the verdict, and I'm surprised by it," Frey told reporters after the trial. "I think I'm probably guilty of being naive, but I'm not conscious of any maliciousness.... I hope Mary gets the healing she needs. I will pray for that."
"If bishops are responsible for all the misbehavior of individual clergy, it seems church rules and regulations have to be strengthened to give us control over clergy," Frey continued.
Some observers believed that the case could have far-reaching implications for the wider church. Frey had cited the Denver case when he proposed a canon law binding clergy to sexual relations within marriage at the recent General Convention in Phoenix.
When he learned of the verdict, Colorado Bishop Jerry Winterrowd expressed disappointment and said that he anticipated an appeal. Both the diocese and the bishop are insured by the Church Insurance Company.
Although Robinson was originally named in the suit, he filed bankruptcy two days before trial, removing him from legal liability until his financial problems are resolved. He no longer functions as a priest, and currently resides in Florida.
Winterrowd told the local press that he will be "very blunt and straightforward" about the issue of sexual misconduct when he meets with the diocesan priests later this fall.
Winterrowd said that he expected the diocese would complete a "code of ethics" by the end of the year so that clergy "will understand the boundaries. There's great concern among our people about this."