Decades-old cases of sexual abuse brings new charges against Newark Archdiocese – NJ.com
Two new lawsuits detailing allegations of sexual abuse dating back 40 years or more by a now-deceased Catholic priest have been filed against the Archdiocese of Newark by men who say they were victimized as children.
The charges are the latest since a two-year window opened on Dec. 1, under a new law signed by Gov. Phil Murphy that vastly expanded the amount of time that victims of sexual assault may bring a lawsuit. The law not only targets the individuals who committed the sexual assault, but churches, athletic organizations, schools and community organizations for whom they worked.
In a press conference in Newark on Wednesday morning, attorneys for the two who filed complaints against the archdiocese said both chose to come forward publicly and wanted their stories to be told.
“They wanted to put their names behind the case,” said attorney Gregory Gianforcaro of Phillipsburg, who has represented hundreds of people alleging abuse by members of the clergy. “They felt by disclosing their names that it would help other survivors realize that they could come forward.”
Both charged that the church failed to protect them from the Rev. David Ernst, who taught at Our Lady Help of Christians parochial school in East Orange and was later assigned to Saint Mary’s in Rutherford.
Jeff Anderson, an attorney who has litigated cases worldwide against the Catholic Church, said Ernst had a long history of abuse.
“Not only did he abuse 2 kids, but he was a serial offender,” Anderson said.
Ernst, who was ordained 1954, was identified by the Newark Archdiocese last year as a priest who had been credibly accused of sexual abuse of children. Officials said his name was also previously reported to law enforcement agencies. He was also named in 2004 in a $1 million settlement by the archdiocese to resolve allegations of child sexual abuse against nine priests. He died in 1988.
A spokeswoman for the archdiocese in a statement responded that they take all allegations of sexual abuse seriously, but that it “would be inappropriate” to discuss publicly matters in litigation or under review by law enforcement.
“Today and every day, we stand with survivors of clergy abuse on their journey towards healing. We reassure the faithful that we continue to do all we can to promote the healing of victims, to enact structures of accountability, and to provide greater transparency into the activities of the Archdiocese of Newark,” said Maria Margiotta.
One of the lawsuits announced Wednesday was filed by Stephen Tyminski, 66, now an Orthodox priest in Queens, who spoke about the abuse he said he suffered as a child at the hands of Ernst while at Our Lady Help of Christians.
“I’ve gone through quite a turmoil,” said Tyminski, who spoke of efforts by his mother to report the abuse to church and school authorities.
“She never got a response. They completely ignored us,” he said.
According to a lawsuit filed in Superior Court in Essex County, Ernst engaged in sexual contact with Tyminski from 1966 to 1968, when was 12 to 14 years old. It said the culture of the Catholic Church had created pressure on Tyminski not to report the abuse he suffered.
Tyminski said he hoped other victims of Ernst would also come forward and share their stories as well.
“Because there were quite a number of them,” he said.
The second lawsuit was filed by Keith Mozian, 56, of Califon, who claimed he was abused by Ernst beginning in 1976 as a 12-year-old at St. Mary in Rutherford. It claimed the archdiocese “negligently deemed that Fr. Ernst was fit to work with children.”
Gianforcaro, who said he has represented numerous victims of Ernst, called upon the church to release its own files on the disgraced priest. Speaking of Mozian and Tyminski, he said both are seeking justice and closure.
“But they are also interested in knowing what happened,” he said.
The archdiocese, in its statement, said it has a “commitment to accountability and transparency,” and is working in cooperation with the New Jersey civil authorities.
“The archdiocese already has made efforts to bring about resolution and closure, joining with the other dioceses in New Jersey to establish the Independent Victims Compensation Program to offer compensation to eligible survivors who were sexually abused by clergy of the church while minors,” said Margiotta.
That program was unveiled last year by the state’s Catholic dioceses in the state as a way for victims to settle their cases with the church privately, without going to court.
“While this program has been a viable option for some victims to achieve a level of closure, it always was understood that some may seek resolution through other avenues,” she said.
Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Facebook: @TedSherman.reporter. Find NJ.com on Facebook.
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