BUFFALO, N.Y. — The Buffalo Catholic Diocese has settled a nearly two-year-old lawsuit filed by the New York State Attorney General's Office over their previous handling of sexual abuse cases involving priests.
Attorney General Letitia James said in a statement, that as a result of the action her office took in November 2020, the "Buffalo Diocese will now begin a much-needed era of independent oversight and accountability."
During a Tuesday press conference, Bishop Michael Fisher said the diocese was pleased to have resolved the matter and added that the agreement "validates the rigorous policies and protocols that the diocese has put in place over the past several years." Those protocols are laid out in the settlement documents.
Survivors of clergy sex abuse told 2 On Your Side they feel the settlement "justifies everything" and praised Attorney General Letitia James' for advocating for them.
For years survivors and whistleblowers have called for action that would force the diocese to make changes and adhere to independent oversight. The settlement requires the Diocese be accountable for the actions it says it will take but hasn't always followed through on.
"We have to be doing what we are saying we're doing and people need to be seeing that we're doing that so I see this as a confirmation that we're in a good place now," said Bishop Fisher.
The Diocese has agreed to undergo an external, independent compliance audit each of the next five years. Dr. Kathleen McChesney, CEO, and Principal of Kinsale Management Consulting has been selected and approved by the Attorney General's Office to handle that process and share the results publicly.
The audit will require the approval of the U.S. Bankruptcy Court.
"This justifies the mere fact that survivors have been telling the truth," said Kevin Koscielniak, a survivor of the clergy sex abuse scandal.
"You know I'm glad they reached a settlement but it could go a lot further," added Michael Whalen, another survivor.
Whalen shared his story with 2 On Your Side in 2018 which began the widespread investigation into claims of clergy sex abuse. After Tuesday's announcement, he said he still doesn't believe that the Diocese can internally police itself. He was glad to see a required independent review included in the settlement but said "five years goes by fast, I do wish it was longer."
"It's a huge blow to them [the Diocese]. I believe if you had that policing entity there my abuse may not have happened," Whalen said.
Other survivors remain wary of the Diocese agreeing to do anything, scarred by their past experiences.
"You know we don't know if they're going to do the right thing they've never done the right thing, so can they be trusted," Koscielniak questioned.
"There is nothing that we can do to ease the long-lasting pain of those who suffered abuse at the hands of those who presented themselves as ministers of god," said Bishop Fisher.
When asked by a reporter about the settlement not being enough for survivors Fisher pledged "what happened to them will never happen again in this Diocese."
For their alleged role in the mishandling and coverup of priests accused of abuse, the settlement bars two former diocesan leaders, Bishop Richard Malone, and auxiliary Bishop Edward Grosz from serving on any New York non-profit in a trustee role moving forward.
Their work in the Catholic church, however, will not be impacted because as Bishop Fisher said Tuesday their standing as priests is dictated by the Pope.
The lawsuit claimed that Grosz and Malone violated state non-profit law and wasted charitable assets by keeping priests considered to have committed sexual abuse on the Diocese's payroll.
The 2020 filing was the result of a two-year investigation into the sexual abuse of children and vulnerable adults within New York Catholic dioceses. Several priests were put on administrative leave following the lawsuit however a few of those actions were overturned after a board found that accusations were unsubstantiated.
"We have strengthened our Safe Environment policies with the Priest Supervision Program which I implemented in June of last year to account for priests removed from active ministry, and with the additional appointment of a new Child Protection Policy Coordinator," Bishop Fisher added in a prepared statement.
The role of Child Protection Policy Coordinator will be an internal position held by Melissa Potzler, a former Assistant District Attorney for Erie County and former criminal defense attorney.
Her duties as laid out in the settlement will be to ensure that the Governing Policies are followed, notify the Bishop when said policies are not followed, provide advice to the Bishop concerning the Diocese’s compliance, provide advice to the Bishop on updates or modifications to improve the effectiveness of the policies and oversee the Priest Supervision Program.
For some, trust in the Diocese may never be restored, even with this settlement but for others, Bishop Fisher is hoping the outcome of oversight and further change will be restorative.
"Ultimately it's this that matters and offers us the best if only chance to gain the credibility that has been broken or lost," Bishop Fisher said.