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Archdiocese discloses $150K offer from family to stay quiet about alleged Roncalli abuse


Muda69

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https://www.indystar.com/story/news/crime/2019/11/27/roncalli-assault-claim-family-demanded-150-k-keep-quiet/4317185002/

Quote

The family of a boy with Down syndrome who they say was assaulted by Roncalli High School football players demanded $150,000 to keep the allegations out of the media, a lawyer for the Archdiocese of Indianapolis said.

Curt Johnson, the lawyer who made the request for money on behalf of Lesli Woodruff and her son, Jack, confirmed the demand: "If anything, that figure is probably low."

Archdiocese attorney John "Jay" Mercer provided the Oct. 25 demand letter and other documents to IndyStar Tuesday, after Woodruff told IndyStar and other media that her son was harassed and assaulted in a Roncalli locker room. 

Four football players are under investigation, according to a police report filed on Oct. 3.

Woodruff claims that on Sept. 9 a boy took video of her son urinating and threatened to post it to social media. That boy and others, Woodruff claims, forced her son, the team manager, to suck a player's nipples before the Sept. 27 homecoming game as retaliation.

"This incident was also filmed and the optics certainly will not look good when these events and videos are made public," Johnson wrote in the letter.

"Jack and his family will accept $150,000 and agree to keep this matter confidential in exchange for a complete release of all claims against RHS and the Archdiocese of Indianapolis."

Mercer declined to comment specifically on the letter demanding money or other documents.

"I don't want to characterize it," Mercer said in a phone interview Wednesday.

In his response to the demand letter, Mercer told the family in a letter that the Archdiocese and Rocalli wanted to "learn from its mistakes and create a safe environment for all students with special needs."

.....

Dan Chamberlain, a partner at Cohen & Malad who specializes in brain-injury cases, said plaintiffs routinely make written demands for money long before cases ever go to trial. 

Most lawyers, Chamberlain said, avoid language that might be interpreted as an overt or specific threat. Typically, he said, lawyers imply they might go public with a story in ways that let others "read between the lines."

These kinds of communications between attorneys are, by law, typically kept confidential so they are never seen by a jury.

Releasing these secret letters and emails is very unusual, Chamberlain said.

"Trying to settle your case in the media never works very well," Chamberlain said.

Things that make you go "hmmmmmmm........"

 

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5 minutes ago, Muda69 said:

Nothing terribly surprising here. Your reaction is precisely the reason offers of compromise are not admissible in evidence at legal proceedings to prove culpability.

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19 minutes ago, Muda69 said:

Please elaborate.  Why not? 

 

Because people make offers of settlement for all sorts of reasons besides guilt. As a matter of social policy, the law encourages compromise of disputes. If litigants were permitted to introduce in evidence the fact that the opponent offered to settle the claim, fewer offers would be made for fear that they would be used against the offeror.

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8 minutes ago, Bobref said:

Because people make offers of settlement for all sorts of reasons besides guilt. As a matter of social policy, the law encourages compromise of disputes. If litigants were permitted to introduce in evidence the fact that the opponent offered to settle the claim, fewer offers would be made for fear that they would be used against the offeror.

Understood.  Thank you for your learned explanation.

 

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