Civil suits target Marshall, church leaders, school board
The Windsor Star
11 February 2012
By Dave Hall
Lawyer Robert Talach, left, with sexual abuse victims David Marco D'Agnillo, 40, Greg McCullough, 69, and Tom Haberer, 71, on Friday announced lawsuits and a call for a criminal investigation for 'institutional enabling' relating to decades of sexual abuse by Rev. William Hodgson Marshall. Photograph by: Nick Brancaccio, The Windsor Star, The Windsor Star
A London lawyer representing sexual assault victims of convicted pedophile Rev. William Hodgson Marshall is calling for a criminal investigation into the “institutional enabling and coverup” which allowed the Basilian priest to prey on his victims for more than 30 years.
Robert Talach, a partner at London law firm Ledroit Beckett, which is representing many of the victims, said “quite frankly, we are getting fed up with the number of cases we’re seeing and it’s time for our criminal justice system to step up and launch an investigation into how these crimes were covered up over time.
“Any institution involved in such crimes should be investigated by the secular authorities and, just like other corporate crimes, face substantial penalties,” he said.
“Instead it seems as if the justice system is leaving it up to individuals to deal with this issue,” said Talach.
On Friday, four more of Marshall’s alleged victims announced they have launched separate $3-million lawsuits against the Basilian priest.
The civil suits by Greg McCullough, David D’Agnillo, Thomas Haberer and an unnamed plaintiff also named the Basilian Fathers of Toronto, Catholic Bishop Ronald Fabbro and the Windsor-Essex Catholic District School Board, alleging none did anything to prevent Marshall from abusing children.
McCullough, D’Agnillo, Haberer were all part of the criminal trial. Allegations made by the unnamed plaintiff have yet to be proven in court.
Marshall, now 89, was sentenced June 9 in a Windsor court to two years in prison for molesting children. He pleaded guilty to 17 counts of indecent assault between 1952 and 1985 in Windsor, Sudbury and Toronto where the Basilian taught.
For McCullough and Haberer, the abuse took place while they were students at Assumption College school. For D’Agnillo, it took place at Holy Names secondary school.
“It’s a dirty secret I’ve kept since 1955,” said McCullough, a former teacher at Massey secondary school. “All I wanted to do was play basketball and he was the coach but clearly that was a facade.
“I was 12 years old, fourfoot-10 and about 100 pounds and so was my friend who was also abused,” said McCullough, now 69. “Clearly, he chose his victims well.
“It started in October or so in 1955 and continued until May.”
McCullough said his friend, the unnamed plaintiff, eventually told his father in the spring of 1956 and the next school year “Marshall was gone.”
Talach said “it is our strong belief that this boy’s father, as would any parent, confronted the school administration about Marshall.
“The result was the transfer of Marshall,” said Talach. “It was a silent shuffle which would lead to Marshall abusing many more victims, at different assignments, over the next three decades.”
Talach said his firm has launched seven lawsuits on behalf of Marshall’s victims and more are expected to be announced in Sudbury later this month. A Toronto firm has also launched two suits on behalf of other victims.
Haberer, now 71, said he was the ideal prey for a person such as Marshall.
“I was a very withdrawn kid. My father had died when I was three and I was the perfect Catholic boy,” said Haberer. “I was docile and submissive to those in authority.
“Now, I look back with revulsion at what happened,” said Haberer, who now lives in Aurora. “My adult life has been one of emotional turmoil and it is only through the tolerance and kindness of Sally, my wife of 43 years, that it hasn’t ended up in complete ruination, quite likely with an early death.”
D’Agnillo, 40, said the abuse ended only when he refused to continue meeting Marshall in his office. “He (Marshall) then became an angry, scary man,” said D’Agnillo, who later transferred to Massey, leaving the Catholic school system and the church behind. “I was an altar boy, too, and now I don’t attend church except sporadically for weddings and funerals.”
Talach also said that the Basilian Fathers should either ask Marshall to be defrocked voluntarily or force him to be defrocked. “They clearly have no appetite for doing either and that speaks volumes about whose side they are on,” said Talach.
Earlier this month, Saskatoon police charged Marshall with two counts of indecent assault for alleged crimes in 1959 and 1960.
© Copyright (c) The Windsor Star
David, Greg, Tom – good for you! And good for the other anonymous victim for finding the courage to come forward and speak.
Is there a need here for a criminal investigation? I think so.
Congratulations to the victioms for speaking out and taking steps to compel “institutional changes” and “systemic change” including the “judicial system”. Well Mr. Talach, congratulations to you and your law firm. I totally agree with your quotations in this article. I have been waiting years to hear this kind of voice. For someone who has been very critical of you and your “firm” in the past, I am certainly supportive of the kind of demands your clients are now seeking. Best wishes for much success. It sure is time isn’t it for a serious criminal investigation and “systemic” change.
James P. Bateman
“Talach also said that the Basilian Fathers should either ask Marshall to be defrocked voluntarily or force him to be defrocked. “They clearly have no appetite for doing either and that speaks volumes about whose side they are on,” said Talach.”
Speaks volumes…….yes it does.
Talach “is calling for a criminal investigation into the “institutional enabling and coverup”. Former priests aware of this, Bishops, and Catholic institutions that allowed Marshall to continue his abuse, should be held accountable, fined, and in some cases, jailed. T’is time this issue be addressed and put into action. If former Nazi prison guards can be brought to justice years later…so it can and will happen here. P.S. Why does the word “holy(o)caust enter my mind?
Go get em!!!
Sexual abuse by clergy is global, so pervasive that I see it as international ‘religious’ crime. Who can take this on? Who can live long enough to connect all the dots? The justice system and the religious system remind me of the food and drug administration – in hiding what is not good for us, one supports the other. Who is righteousness and fearless enough to blow this thing open? Not the Vatican. Parishioners, when we stop giving to the institution, we will remove its strongest leg.
You are right about cutting off the money supply to the Bishops. That can only be done by stopping the giving to the local prishes. Your Priest will still get his salay- he gets it from the Diocese in Canada, but the ones most vulnerable to the money supply being diminished are the Bishops. That is fitting, because they are at least the enablers in the continuation of the sexual abuse by Priests.
We call it the 2-cent’s worth solution. We give just 2 cents each week in an envelope, marked MY TWO CENT’S WORTH, and thaey will eventually get the message.
An that is my 2-cents worth for today.
When you are lost every road lads to Rome
Talach’s in for the pay cheque!
Let’s be honest!
jon smith, just what side are you on here- the victims or the abusers?
Well as long as Talach et al vigorously pursue this new approach, as he is quoted, then even I will send him $$$$ to defray costs/disbursements.
What courageous men. As I cringe for what they are going through, and the pain and history that a lawsuit brings, I also know that their focus and determination – in bringing the truth to light – will ultimately bring peace, resolution – and a path forward. Silence is the killer in abuse cases. It is never about the money. Those of us close to these stories know this well.
Now may we all listen. May the church listen. May we all learn from such good, brave men.
What grade and where do you teach Anne C. ?
I can’t reveal that information – my kids need privacy. And I – need a place to describe my feelings in peace. Blessings+
“my kids need…And I – need…” Interesting choice of words!
You are a good person with good intentions…but Ann we all went to school a long time ago then we had a life..
.
A good teacher I always thought could listen and put her “kids” interests first…
I f the victims and others(kids here) were “diabetics”, I am afraid you are quite often giving us “brown sugar with a fly in it”…hard to spot! Sometimes it is too much sugar we don’t need and the fly we don’t want.
“Silence in class while we are completing our exam…” I am not going to start another clash of the titans but I would suggest you need to look inside of yourself before you tell us all how we are, how we feel, how we should think…because you were a teacher. Please!
I am sure you can do better. Think of graduation!
jg
Anne, I think you are more comfortable in exchanges with Father Moyle.
What do your kids think of church?
To “1 abandoned sheep”
Whose side am I on? I am on the side of truth, and Talach promises many things to his clients. I do not think that lawsuits bring peace! Peace comes when one does the interior work that puts the pain to rest – that work allows one to no longer be a victim, because victims lack power. It is not easy!
Not sure about you Jon Smith…you’re probably not one who was abused and if that’s the case, you have no right to criticize anybody. Look at all the criminal cases against these perverts…what kind of sentence do they get? A mere slap on the hand (3 months per child!!!) and believe me, that mere slap on their hand is a punch to the face for each of the abused. I KNOW. And what does that “church” do to support the victims?? Virtually NOTHING. No counselling, no support, no recognition…I KNOW. And do the criminal case help stop the abuse??? NO. So what do the abused have left to try to bring their pain to light in hopes of changing the piss poor attitude of that “church”?? Some commit suicide, some spend the rest of their lives as tormented souls…I KNOW. Others now try litigation as a way to force that “church” to live up to what Christ wanted of it, to protect and prevent suffering of children. It is apparent that the only truth that this “church” abides by is the colour of it’s money. This is why lawyers like Mr. Talach are needed. The dioceses under siege by litigation are there because they fight each and every case to the nth degree with high priced lawyers, denials, and refusals to recognize what each of the abused has suffered. So to fight these odds, the abused are forced to use lawyers to have their voices heard. I have tried your “Peace comes when one does the interior work that puts the pain to rest” ploy for many years…MANY YEARS. And guess what? The peace has not come. Why? Because I’m reminded EVERY week that the “church” refuses to do the gritty work necessary work to demonstrate sincerity in helping to solve the pedophile crisis within it’s structure by more criminal cases, more litigation being defended against, empty words from the bishops and pope on “reconciliation”, and empty promises from those who offer apologies and are then themselves charged with similar crimes. The “church” is not interested in being genuine because it would hit them where it really hurts…their bank accounts. So Jon Smith, your statement “I do not think that lawsuits bring peace! ” is true. They don’t because that peace we search for has been annihilated from the time of abuse through the years of denials and false promises made by the “church”. The lawsuits are the abused way of “giving their 2 cents worth” back to the “church”. The stress and suffering a lawsuit brings with it is like the Charge of the Light Brigade…what have we got to lose? As long as congregations refuse to do more than pray and give generously in their collections, the “church” will continue it’s present course…to deny, to fight, to keep the abused under their thumb, and to keep their perverts as “priests”. If congregations would begin to recognize that they can influence change by only giving 2 cents in collections and by voicing their outrage, the “church” would be forced to change. The sad part is that most parishioners only react as passive sheep over the pedophile issue, that is, until one of their own children comes forward with the horrific story of abuse by their “priest”…then they change. Meanwhile the rest of the sheep look back at the afflicted and think, “Oh what a shame…glad it wasn’t me, but hey I’ll pray for you…here comes the collection plate”. My apologies for such a long reply.
Imagine if there was never a need for people like advocates for restitution of harm done. Imagine if no one had ever been hurt harmed or abused by priests, nuns and teachers in the Catholic system or any other religious systems for that matter. Imagine how these people might have been unscathed and unblemished children who grew up unhindered and at peace with the world around them. Somehow the courage shown by the individuals who have had the courage to stand up to their tormenters have been fed inane remarks like it made you who you are and you should be grateful. It should have never happened at all. Children should not be beaten with round pointers, used as personal objects or judged as one being better than the other from the comfort of a pulpit or a desk or court room. Law suits only serve as a means of acknowledgment of harm done and the many people whose lives have been thrown off course and tormented because of selfish and self-seeking criminal behaviour. They have every right to have redress and more so than the person who buys a toaster whose house is burnt to the ground as result of a bad product. The institution that fights and spends millions upon millions to protect themselves from these law suits would fall upon a higher standing if they turned those resources over to really being a place of care and compassion for survivors and became as strong in fighting against the consequential outcomes of the criminals in their service. Then maybe the message might be a better product. Imagine if their first and foremost thoughts was to make their places of worship places that are safe and that if they acknowledged in act and deed the harm they had done and opened up every resource to making this right and purging themselves of bad and ugly men and women who target children. Right now we can only imagine and truly support our brothers and sisters in finding peace and justice with the means at their disposal.
PJ,
About the Catholic Church’s counselling the clergy abuse victims.
One case I know of, about this clergy abuse victim that was given counselling by the Catholic Church.
A close family member of this victim saw this counselling more of a brainwashing than a valuable help to this poor tormented person. To this day this victim is still not doing well.
Imagine when you have a PRIEST now whose is a victim of a clergy abuse himself. This makes me wonder if he really got the proper help?
He can make himself believe he did and still the effects of that betrayal of trust has played havoc in his mind on how he conducts himself as a priest to this very day. He is still hurting bad and the rippling effects of this is damaging many of his flock/parishioners.
One trait is this strong ‘passive aggressiveness’.
Very nice on the outside in front of people, plays the role of a priest good, has an excellent amount of control but soon or later he will get back at his target(s) no matter how long it takes. He just can’t help himself. He wants to win at all cost.
Now if this priest attaches himself let’s say with another brother priest who has a history of sexual abuse, not necessary by a clergy member but by another pervert who is NOT a priest.
Now you have two soul mates who are well educated, very intelligent yet you have a very dangerous combination of minds working together.
You have this double tragedy of self righteousness going on and they are ready to use any tool in their arsenal to prove they are correct no matter what it takes.
They’re not afraid by the possibility that someone is going to be hurt or harmed.
They are very smart at understanding the emotions of others, but unable to experience those emotions themselves to a certain degree, in other words they play at being normal. Mimic at blending in with the general public.
I would not be surprise if even they do get help the odds are they will learned more social skills that allow them to become even more adept at manipulating others.
They can function within society very well but usually at somebody else’s expense and not necessarily by committing criminal acts but sadly in some cases they do.
One needs to be alert and treat them with some small level of respect but NEVER let your guard down. Being a Roman Catholic we are trained from knee high to always be thoughtful and forgiving, turn the other cheek. Well, it comes a time you need to be on guard and follow that gut feeling that’s tells you it’s alright not to put your whole trust completly in them.
Folks they have lots of gas pedal and not enough brake power.
God help us all!
jon smith, you lack the very Truth you allude to. A half-truth is the worst form of a lie. You are not anonymous before God !
No more personal attacks please!
Yes, I agree. Thank-you.
How about people here just respond to Sylvia’s facts and main posts, which she is really very good at reporting, and give these personalized one-on-one comments on the message board – a serious rest.
I agree with you PJ.
Remember how Lahey sweet-handled the Antigonish diocese before the truth about his lifestyle came spilling out and he ran again for cover to his “brothers”.
I have received a sweet letter from my priest re my opposition to the continued sexual violation of children but, knowing the history of my diocese, I call it religious dribble. Many hide behind the jargon and the collar and prey on our compassion when they no longer can prey on our children. Bitterness, unforgiveness, slander, stealing, etc. are sins, and we all have them, but sexual abuse of children is demonic, and in the priesthood it is a little more disturbing because it is seemingly organized and protected.
If anyone has remembered any of my posts over the many years, they will know that I have not been a big fan of lawyers, litigations, out of court-pre-charge settlements, eluding prosecution, avoiding individual responsibility/accountability, and avoiding individual consequences including jail. Readers will know that I have not been a big fan of Mr. Talach, his law firm or law firms doing the the same work that Mr. Talach does, in these cases. I always felt unless people compel change with policy makers, legislators and other politicians, nothing will change. You see, I believe legislators make the laws and lawyers hopefully represent their clients from within those perimeters; in some cases, they may be given too much room to work. So, we can scream all we want to about lawyers, but IF the law, legislation, is changed, well, this gives a whole new perspective to things. It gives lawyers the opportunities to “go further”. In this case, I MUST keep the quotes of the victims and of Mr. Talach “fresh” in my mind and NOT get derailed. What the victims and Mr. Talach are proposing is NEW, unlike previous cases. Whether I believe Mr. Talach et al have finally reached a NEW realization somehow, or, whether he has just decided, “enough is enough, the system MUST be changed”; the fact is, this is a NEW approach. I believe this NEW approach, if allowed to evolve, will go a very long way, in making life better for victims, survivors, their loved ones, the accused, institutions, prominent systems and professionals in our communities, as well as the general society as a whole. I believe we must remember and refer to the news article and the NEW proposals discussed, for I believe they are unique and can assist in helping all concerned with their inner pains, sufferings, demons and consequently personal recoveries. I urge readers and myself to NOT get derailed with emotion on how things use to be settled; rather promote and advocate for the NEW proposals suggested in the news article. This NEW proposal suggests the need for “systemic change” over a concentration only for money. These new changes would necessarily occur, if there were genuine criminal investigations and follow-ups to them. This is something I have urged for years. Yes readers; I urge you to NOT get derailed by the “strawmen-surrogates”, who are more interested in keeping us confused, ignorant, in fear, in the past and stagnant. Finally, I certainly urge new learning and education for victims, survivors, etc. and personal counselling. As I engage in my personal counselling for other matters, I must constantly reflect on whether the counselling I receive is effective and positive. Haven’t we all seen people wanting to rescue others too early in their own personal recoveries only to subsequently screw up everyones. One of the most dangerous moments is when one sick person tries to influence or advise another sick person. (ex: “a co-dependent is having serious emotional problems and walks to the top of a bridge to end it all. Another co-dependent, early in therapy, who met the first one at a meeting, goes running after the first one to save him. They talk for awhile….then, they take each others hand….and jump! WOW-scarey! I try to stay on yop of my personal recovery constantly or as some might say, “One Day At A Time”.
KEEP the quotes of the news article fresh in your mind!!
Very interesting posts this weekend by all “contributors”…apart from a few temptations I have enjoyed the insight from all , with a deep sigh!
In my dealings with Rob Talach, from the first conversation on the phone, if he was an hypocrite working just for his pay, he would have been unmasked. He is a lawyer, that is his job. Why should he be painted with the “money” brush by the same people who are so clever at defending that part of their “ministry”…”Forgive me for stealing $200,000.”
but beware the biased, anti-catholic, lawyer who works for money!..”Reality Check”…
My family didn’t get anything from Talach’s intervention except a request for a receipt!!…if you can stomach that, but at least our contact with this stench has not been brushed aside lightly, as the church reps were cleverly planning.
I say Thank You Robin…
Prima facie, you are right …difficult to get any better in a system geared for a lot less. My dealings in a previous life within the Justice system left me somewhat disillusioned…Maybe a new generation, a new perspective away from “the club” can find the will to dig deeper.
They know we are watching. It is a long road ahead to get to the core of the “shell game” being played by “professionals”within the church…
I hope more will join Mr. Talach in calling for a serious probe of the “offenders”…
“Crime against humanity” has been brought up before…
jg
Clarification: “request for a receipt”…that was from the diocese of Bathurst…
jg
OPINION:
“jg”, based on the representations made in the “news article” above by Mr. Talach et al and in consideration of your recent post, I too, “hope more will join Mr. Talach for a serious probe”, among other things.
James P. Bateman
(for those who believe I am too much of a coward to keep posting my name)
Let the responsible legal community go on from there to inquire into the debacle in the North with Eric Dejaeger and the hiding of a criminal and the deceitful correspondence between the Oblate’s here as well as in Belgium. Responsibility and accountability rather than lies and a want for fiscal reconciliation from agrieved subjects with self-serving motives. I hope my Co-Sudburians get on this as well.
Michel, I agree. What a catalyst this would be to accountability and responsibility, as well as seeking repairs for the damages victims have endured. I also hope your “co-Sudburians get on this as well.”
As I mentioned once about two months ago on Sylvia’s site, I really hope that we can all put aside our little differences, and take a long, candid look at what is going on here in the Catholic Church. From the time we arre very young children, we have been warned by these “men of God” to be on the look-out for Satan, who “prowls the world seeking the ruin of souls”.
What better way to ruin souls than to infilltrate the Catholic Church at the highest level of it’s internal authority. Has this happenned? Mike
Mike, Satan certainly has some alies within the Church no doubt. The pedophile priests would be one example, and the sense of irresponsibility displayed by most of the Bishops is another.
I was told years ago, by a Bishop, that where great good is evident, great Evil will also be present. He said Satan will not waste his time on those who already respond to his urgings !
This is my 2-cents worth for today.
abandoned sheep;
Thank-you for your reply. The “gist” of my message is to be aware of this possibility, and to guard ourselves against this horrible possibility. Whether it is reality or not remains to be seen. Take care. Mike
This Talach lawyer says: “quite frankly, we are getting fed up with the number of cases we’re seeing and it’s time for our criminal justice system to step up and launch an investigation into how these crimes were covered up over time.
Any institution involved in such crimes should be investigated by the secular authorities and, just like other corporate crimes, face substantial penalties,” .
Somebody above also said “crimes against humanity”. I actually think if we leave the words God and satan out of this….at least for this life….and concentrate on the crime within the Catholic Church…..and the MEN…be they priests, Bishops, Cardinals or even the Pope….who allowed these crimes to continue……whether through ignorance or deceit…..then YES… ABSOLUTELY………….”Any INSTITUTION involved in such crimes should be INVESTIGATED by the secular authorities and, just like other corporate crimes, FACE SUBSTANTIAL PENALTIES,” .
Perhaps the penalties should be eventual bankruptcy and closure. Comments? Am I too harsh?
I don’t think so. As I said in an earlier reply, if that church would take on the responsibility for all the damages it has done and use it’s vast riches, no parish would be financially destitute from lawsuits. But know, the church worships it’s finances more than everything else and will do everything it can to deny, disavow, and distance itself from all responsibilities associated with it’s members’ crimes.
Ohhhh, I love those words by Mr. Talach. They should be headlined in every news paper and on every television news channel. HEADLINED!!! Mark my words, if “we” let these words pass by un-noticed or without action, “we” will have lost a MAJOR opportunity to compel CHANGE. Bankruptcy, closure, etc.; whatever is appropriate with “the crimes of commission and crimes of ommission” perpetrated individually or conspired by two or more.
However, I believe there must be applicable and substantial public, private, civil, social, criminal consequences/penalties.
So what do “we” need to do? How can we get this out there?
I hope the new charges it will be factored in the full parole hearing considerations as it speaks to his dishonesty they may consider that a lot more victims are out there and have not come forward. I wonder if we will ever know about the deals with the AG. That I find is the most awful disclosure of this case as it takes peoples rights away to seek out justice. I wonder if R Talach might consider putting together a victims registry and start a class action suit against the church… How many in Canada A Mari usque ad Mare.. I suspect in the thousands and many of these matters where obstructed in some manner or another. Should it not be considered criminal, if someone knew of the western charges and omitted to disclose knowing he was being prosecuted in Ontario.
T get started: #1; the main reason I am enthused is because it will most definitely take someone like Mr. Talach or more importantly himself, to push the initiative he is quoted as saying. Believe me, he know’s WHAT to do. #2; if anyone still has contact with Mr. Talach, they can bring this interest to him for his feedback. #3; as many victims, survivors and their supporters can “sign up” to support this initiative, with victims and survivors leading the way. Hopefully, Mr. Talach will clarify if the participating victims/survivors are “barred” from participation based on any non disclosure, confidentiality, etc., stipulations or other binding agreements prohibiting the particular victims/survivors and/or their predecessors or heirs, from supporting any such initiative. BUT most importantly, in my opinion, Mr. Talach, or a lookalike, and, based on his quotations MUST be the lawyer involved.
Prima, I would sign up if Rob Tallach decides to do this. Something really has to give, since the aroma of cover-up is permeating the air over Canada.
The pre-occupation by the Church with their financial well-being prevents them from looking at the calamity of the abuse situation.
Let us remove their worry about their finances by beoming givers of the 2-cents per Sunday, or as I call it, the My two cents-Worth Campaign.
When they have NO money to worry about losing, then they will reassess their priorities !