Ex-Priest Seeks $450,000 From Wis. Archdiocese

MILWAUKEE July 21, 2013 (AP)

The list of creditors for the Archdiocese of Milwaukee includes

hundreds of child sexual abuse victims, along with a bank, pension

funds and others typical in bankruptcy cases. It also includes one

less usual: a priest removed from the priesthood amid allegations of

abuse.



Marvin Knighton was charged with child sexual abuse in 2002 but

acquitted by a jury the next year. The church still removed him from

the priesthood, however, saying its investigation found two

allegations against him had merit.



Knighton steadfastly fought his dismissal and has put in a claim for

$450,000 for back pay from the archdiocese in federal bankruptcy

court. A church bankruptcy expert said while the claim is not unique,

it is highly unusual. Knighton's victims called it "disturbing" and

"grossly inappropriate."



"That money should be going to survivors, not child molesters," said

Thomas C. Bersch Jr., who said he was abused by Knighton in the 1970s.

"During the bankruptcy proceedings, if he gets even a nickel of this

money, it would be the most unbelievable thing that could happen. I

wish there is something I could do to prevent that."



Attorney James Stang, who has represented sexual abuse victims on

creditors councils in nine bankruptcy cases involving Catholic

dioceses and religious orders, said a few priests have filed claims

for back pay, health care or legal costs even when they've been

credibly accused of abuse. In most cases, the claims are eventually

dismissed.



The church may argue that any money it owes the priest is offset by

the cost of the abuse, or "there have just been objections based on

the fact that these are evil men," Stang said.



The Milwaukee archdiocese is the eighth in the United States to file

for bankruptcy. Five of the other seven said no priests filed claims

during their bankruptcies. In Wilmington, Del., three priests who had

been removed from ministry following allegations of abuse filed

claims, diocese spokesman Bob Krebs said. He didn't know the details

or outcome of those claims.



The remaining diocese, in San Diego, Calif., didn't immediately

respond to inquiries.



Jerry Topczewski, chief of staff for Milwaukee Archbishop Jerome

Listecki, said the archdiocese will object to Knighton's claim.

Knighton, 63, declined to comment and hung up when reached by

telephone.



The archdiocese released Knighton's personnel file earlier this month,

along with those of dozens of other priests with verified allegations

of abuse. The documents showed that while Knighton had been dogged by

one allegation since the early 1990s, no formal complaints were made

until early 2002, when a scandal in Boston focused national attention

on clergy sexual abuse.



Brian Flynn, now 39, told archdiocese officials that Knighton had

abused him during the late 1980s, when the priest was on the faculty

at a Catholic high school in Milwaukee and both lived in the suburb of

Wauwatosa. About a month later, Bersch reported that he had been

abused in the 1970s.



The Associated Press does not usually identify victims of sexual

assault, but Flynn and Bersch gave permission for their names to be

used.



The statute of limitations had passed in Bersch's case, but Knighton

was charged with second-degree sexual assault in Flynn's case.

Knighton and Flynn both testified at the 2003 trial, with Flynn

describing Knighton kissing and touching him and Knighton insisting

the actions never happened. A jury found Knighton not guilty.