Plaintiffs Seek Records Of Accused Priest
Defense Attorney Trying To Block Release
POSTED: 3:56 pm EDT September 23, 2002
BOSTON -- Defense attorneys for accused pedophile priest the Rev. Paul Shanley went to court Monday morning to try and block the release of his psychological records.
NewsCenter 5's Amalia Barreda said that the plaintiffs in the civil cases requested the documents. The plaintiffs claim Shanley sexually abused them while he was the pastor of St. Jean's Parish in Newton in the '80s.Attorney Eric MacLeish argued the psychological records of Shanley are crucial to the six people he represents who are suing Shanley and the Archdiocese of Boston.MacLeish said the records will reveal how Shanley's supervisors did nothing to keep him away from children even though psychologists at the Institute for Living, where he was sent for evaluation, concluded he was a danger to them."The relevance of what they knew specifically about this psychological evaluation -- it was requested by them, shared by them and then not acted on (by) them. The relevance is going to be crystal clear when we try this case," MacLeish said.But Shanley's attorney, Frank Mondano, argued that releasing the records violate the retired priest's right to privacy -- a right that he never waived."There was no relinquishment of the privilege. I think that if the evidence is fully developed, the court is going to find that the privilege was very, very jealously guarded," Mondano said.MacLeish wants similar records for four other accused priests -- including Bernard Lane and the late Rev. Joseph Birmingham.There were no attorneys at the hearing to fight for them. But Mondano told reporters everyone expects privacy when it comes to medical records."In many instances, privileged materials have become the subject of widespread media dissemination, and it's not a fair thing. If you have an expectation of privacy, and there's a statute that gives you that expectation, then you should be able to rely on that expectation of privacy," Mondano said."We have records here that indicate that a large amount of the psychological testing for the Rev. Paul Shanley as well as other priests were openly shared with the archdiocese and as a result it's not a protected communication. (That) is our argument," MacLeish said.Judge Constance Sweeney took the matter under advisement.
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