Friday
Jan182013
Friday, January 18, 2013
at 1:31PM
The
first complaint cited in the amended class action lawsuit gives a succinct
overview of the charges being brought against the 14 Defendants by the eight
Plaintiffs.
“Plaintiffs
and the Class were seriously harmed by Sovereign Grace Ministries, Inc.,
Covenant Life Church, Inc., Covenant Life School, Inc. and the individual
Defendants. The facts show that certain individual Defendants and other
predators not named repeatedly physically and sexually abused children.
Although these facts were known to Defendants, they cared more about protecting
its financial and institutional standing than about protecting children, its
most vulnerable members. Defendants failed to stop repeated and ongoing sexual
predation occurring at SGM churches and organization, including Covent Life
Church and Covenant Life School. Defendants failed to report known incidences
of sexual predation to law enforcement, encouraged parents to refrain from
reporting the assaults to law enforcement, and interposed themselves between
the parents of the victims and law enforcement in order to mislead law
enforcement into believing the parents had “forgiven” those who preyed on their
children. Defendants’ acts and omissions were not isolated events. Defendants’
repeated acts and omissions created a culture in which sexual predators were
protected from accountability, and victims were silenced.” (C1)
Repeated Sexual Assaults Alleged on Church Properties by
Church Workers
The
original lawsuit was filed on October 17, 2012. A couple weeks later, Joshua
Harris accurately pointed out to Covenant Life Church some “saving graces”
regarding the legal complaints it contained.
“Before
we move on to the primary focus of our meeting I do want to say a few things
about the issues surrounding the lawsuit. I hope you understand that because
this is an open suit, we cannot discuss details of the case. But I think it’s
helpful to make a few simple points:… Third, our church has not been sued and
there are no allegations in the Complaint that any past or present pastor of
CLC has committed child abuse. Neither is there an allegation in the Complaint
that any other employee or agent of Covenant Life committed any child abuse.
Fourth, there is no allegation in the Complaint that any act of child abuse
occurred on Covenant Life property or under its supervision and control.”
(Joshua Harris, CLC Members’ Meeting, Nov 4, 2012)
Tommy
Hill, Director of Administration and Finances, put out the same kind of
statement on two different occasions.
“Though
not yet served, Sovereign Grace Ministries (SGM) leadership has obtained a copy
of the civil lawsuit filed last week against SGM and several pastors of its
associational churches…. It is important to note that it does not allege any
act of child abuse by a pastor or staff member of SGM or of an associated
church.” (Tommy Hill, SGM website, Oct 26, 2012)
“Sovereign
Grace Ministries (SGM) leadership has obtained a copy of the civil lawsuit
filed Oct. 17 against SGM and several pastors from its associational churches….
The suit does not allege child abuse by any current or former pastor of SGM or
any church associated with SGM. The suit does not allege child abuse by any
employee or staff of SGM or any church associated with SGM. The suit does not
allege any child abuse occurred on any SGM property or any church associated
with SGM.” (Tommy Hill, SGM website, Nov 14, 2012)
All
of this has changed with the amended filing on January 11, 2013 and the
addition of five new plaintiffs. The expanded complaint references a
pastor/teacher, children’s ministry worker, and the male son of a church pastor
being involved in repeated acts of sexual assault and abuse on church property
and at church events.
In
one place it says,
“There
is a class of male and female persons harmed by Defendants’ negligent and
intentional misconduct in hiring and failing to supervise sexual
predators, concealing, tolerating, failing to report allegations of physical
and sexual abuse.” (C96)
The Operation of a “Pedophilia Ring”
The
amended suit also alleges a “pedophilia ring” operating in Covenant Life Church
and Covenant Life School. There are four references in the complaint.
“Upon
information and belief, Paula Poe was not the only victim of this
pedophilia ring operating with the School and Church.” (C41)
“Upon
information and belief, the pedophilia ring’s victims included children
who subsequent went on to prey upon other younger children.” (C42)
“Upon
information and belief, the juvenile perpetrator [i.e., the male son of
a church pastor in Fairfax, VA] may have been one of the victims of the
pedophilia ring operating at the [Covenant Life] School [in Gaithersburg, MD]
prior to sexually molesting Karl Koe.” (C57)
“Upon
information and belief, the juvenile perpetrator [a different person
than the one mentioned above] who molested Norma Noe may have previously
been a victim of the pedophilia ring operating at the [Covenant Life] School.”
(C86)
In
this regard and others, the lawyers asked the Judge to allow them to proceed to
the discovery phase in order gather evidence that will help them quantify the
number of juvenile and adult pedophiles operating in this alleged ring and also
the number of victims who have been sexual abused and assaulted.
“Discovery
is needed to ascertain the size of the class, but based on the number of
persons contacting putative class counsel, a class is needed for efficient
adjudication. Many of the victims are not willing to come forward in a public
setting as a result of the nature of harms done to them.” (C99)
C.J. Mahaney and Steve Shank
C.J.
was the senior pastor at Covenant Life Church (CLC) when the alleged sexual
abuse occurred in relation to Norma Noe, Robin Roe, and Grace Goe. He was
interacting with Defendants Loftness, Ricucci and Layman and providing them
counsel.
Steve
Shank had apostolic responsibility for Sovereign Grace Church of Fairfax (SGCF)
when the alleged sexual abuse occurred in relation to Jane Doe, Karen Coe, and
Karl Coe. He was interacting with Defendants Ecelbarger, Phillips, D. Hinders,
Gallo, Mullery, V. Hinders and providing them counsel. Steve was also in
contact with C.J. regarding these matters.
The
pastors at CLC and SGCF did not act on their own. C.J. and Steve played
significant roles in providing them counsel and direction in these situations.
This should come out in the discovery phase and then in the court trial if the
case proceeds. In my opinion, Steve Shank should be added as a Defendant.
Both
C.J. and Steve were aware of difficulties regarding Carla Coe and Defendant
Tomczak.
Condemnations of Plaintiffs and Lawyers by Sovereign
Grace Board and Leadership Team
Tommy
Hill is the spokesman for the nine member Board of Directors and the four man
Leadership Team comprised of C.J., Dave Harvey, Jeff Purswell and himself.
Recently Dave was removed from the Leadership Team by his local pastors for
unspecified disciplinary reasons that have been concealed. He was replaced by
Mark Prater.
Tommy
is also the Director of Administration and Finances for SGM. He works the most
closely with C.J., who is the President of SGM, and John Loftness, who is the
Chairman of the Board for SGM. Both are named Defendants in the lawsuit. Tommy
has issued four statements on their behalf regarding the lawsuit. Here are his
comments regarding the complaints or allegations.
October
17, 2012
“To
date, Sovereign Grace Ministries has not been served with any such lawsuit nor
does it have a copy of the lawsuit. Sovereign Grace Ministries is not in a
position to comment on the allegations of the reported lawsuit.”
October
26, 2012
“This
recent complaint makes broad allegations that SGM pastors were negligent in
providing spiritual counsel and pastoral care in situations involving persons
who had previously suffered child sexual abuse…. SGM is not in a position to
comment on the specific allegations at this time, but we are beginning a
careful legal review of each allegation. Upon initial review it appears the
complaint contains a number of untrue or misleading allegations, as well as
considerable mischaracterizations of intent.”
November
14, 2012
“This
complaint makes broad allegations that SGM pastors were negligent, resulting in
errors and omissions in pastoral counseling and spiritual care, which was
voluntarily sought and provided years ago to some families of child abuse
victims…. SGM leaders provided biblical and spiritual direction to those who
requested this guidance. This care was sought confidentially, as is a right
under the First Amendment. We are saddened that lawyers are now, in essence,
seeking to violate those rights by asking judges and juries, years after such
pastoral assistance was sought, to dictate what sort of biblical counsel they
think should have been provided. SGM believes that allowing courts to second
guess pastoral guidance would represent a blow to the First Amendment, that
would hinder, not help, families seeking spiritual direction among other
resources in dealing with the trauma related to any sin including child sexual
abuse. SGM is not in a position to comment on the specific allegations at this
time, but upon review it appears the complaint contains a number of misleading
allegations, as well as considerable mischaracterizations of intent. Legal
counsel is preparing responsive pleadings.”
After
demeaning the allegations, absolving the pastors, putting the onus on the
counselees, implicating the lawyers, and hiding behind the First Amendment (the
lawsuit is not about church doctrine, it alleges the cover up of criminal
activity); SGM has suddenly dropped their braggadocio and self-righteous
pronouncements. They are singing a completely different tune since the amended
lawsuit was filed on January 11, 2013. The spin is nauseating! Here is Tommy’s
recent statement. The axe is falling.
January
15, 2013
“SGM
has been carefully reviewing each allegation since the initial claims first
surfaced last October. We consider any allegation of harm to a child extremely
serious and we have been working diligently in an effort to learn the truth. We
ask for patience as we continue to investigate these new allegations. Please
continue to pray with us for all those affected by this lawsuit.”
Ambassadors of Reconciliation
On
my blog in “Random Thoughts on Recent Events” (October 26, 2012), I said the
following about AoR’s exoneration of SGM.
“Ed
Kober and Ed Keinath defended SGM in ‘Cases Involving Sexual Misconduct’ on
page 19 as found in their April 10, 2012, Ambassadors of Reconciliation
Report to the Sovereign Grace Ministries Board of Directors. They said the
following.
‘Some
raising their concerns alleged that SGM consistently handles such cases in
irresponsible ways. While we did not complete detailed reviews of cases
involving sexual misconduct, we were able to review documentation in some
situations that demonstrated the SGM leadership understood the gravity of the
situations. SGM leaders offered care and concern, they sought professional
legal and counseling help for SGM and key leaders involved, and in some cases
they helped connect parties to Christian mediators.’
“This
amounted to a complete vindication of Sovereign Grace Ministries. AoR should
also be name as a defendant in the lawsuit. If the allegations in the lawsuit
are true, then at least some of the plaintiffs made this clear to Ted and Ed.
They did nothing but commend SGM in their report.”
I
assume Ted Kober, President of AoR, and Ed Keneith, his co-worker, will be deposed
and subpoenaed on behalf of the Plaintiffs to find out everything they knew
about “Cases Involving Sexual Misconduct” (to use their pathetic description of
sexual assault and molestation). From my perspective, had Ted and Ed acted in a
righteous manner, instead of an unrighteous manner, this class action lawsuit
may have been avoided. Instead of reconciliation, they brought division, when
they dismissed the Plaintiffs/victims and commended the Defendants in their
report to the SGM Board of Directors. This must have crushed the
Plaintiffs/victims and their loved ones.
More Amendments to Lawsuit in the Future
What
has been alleged in the civil suit is ever so serious! I can’t imagine Judge
Sharon V. Burrell dismissing the case on Constitutional grounds or for a lack
of credible evidence which grows every week. That doesn’t mean I believe every
complaint. I still view them as allegations. They each have to be proven before
a jury of peers.
But
here’s the point. No Plaintiff/victim would subject himself/herself to such
adverse circumstances unless they felt compelled by justice and no Washington
D.C. lawyer would accept the case unless they were confident it was legitimate
and therefore winnable.
It
is one thing to play the role of plaintiff on an internet blog where you can
make all kinds of allegations under an anonymous name without presenting
evidence. It is another thing to be subpoenaed, deposed while recorded, and
cross examined under oath by competent lawyers. We are talking about the big
leagues, not tee ball.
I
don’t think the Plaintiffs are in this for the money though they are entitled
to reparations and restitution under biblical and civil law if the Defendants
are found culpable. That is why I don’t believe they will settle out of court
for financial damages alone. They want “equitable relief” more than “monetary
relief.”
“’A
plaintiff can either ask for monetary relief, or equitable relief. Monetary
relief is when the plaintiff asks for a cash award to remedy the situation.
Equitable relief is when the plaintiff asks for the court to order the other
party to do or not to do something.’ If SGM or any of the defendants are
liable, I hope the plaintiff’s ask for both kinds of relief. I assume they can
require SGM to take action that prevents the cover up of child molestation in
the future.” (Brent Detwiler, “Random Thoughts on Recent Events,” October 26,
2012)
This
recent amendment to the class action lawsuit could be the first of several over
the coming months. The lawyers have now widened the field to include non-sexual
abuse with the introduction of Plaintiff Carla Coe. I assume complaints
regarding spousal abuse will also be added to the class action in the future. I
said the following in October 2012.
“I
fear there are many cases of spousal abuse in Sovereign Grace Churches that
have been terribly mishandled by SGM pastors. This too must be investigated. I
want to encourage any woman who has been battered to get help. If your pastor
did more to protect your abuser than you, or counseled you against contacting
the police, or confronted you for being unforgiving, or told you not to
separate, then please speak up. Such abusive pastoring must stop. I am glad to
help you, confront your pastors for you, and put you in touch with people who
can uphold you.” (Brent Detwiler, “Sexual Abuse and Spousal Abuse in Sovereign
Grace Ministries,” October 22, 2012)
Law Enforcement and Criminal Charges
I
believe the civil lawsuit will go to trial given the growing body of evidence.
But that is not the end of it. This kind of filing “In Montgomery County
Circuit Court, Maryland – Civil Division” does not go unnoticed by law
enforcement agencies on the Federal, State, and Local level. One can assume
there are criminal investigations going on of which we have no knowledge
totally independent of the civil proceedings.
The
plaintiffs in the civil case are not bringing criminal charges but that does
not mean criminal charges will not be brought by law enforcement. If all the
allegations in the civil lawsuit are true, then criminal acts have been
committed and criminals have been protected. Of the 11 abusers referenced in
the Complaint only two were prosecuted. The other nine were allegedly protected.
The
lawsuit also alleges a “pedophilia ring” that may have operated across state
lines. Whether that is true or not, I’m certain the Judge in this case has a
legal obligation to alert the highest law enforcement agencies in the land to
this and other allegations contained in the lawsuit.
In
this regard, I’d recommend the Federal Bureau of Investigation (FBI) in
Baltimore, Maryland be contacted by anyone who knows of past or present
criminal activity covered up by Sovereign Grace Ministries or their churches.
Go to http://www.fbi.gov/baltimore/contact-us/contact.
There is little doubt in my mind that criminal charges will be forthcoming. That
could result in jail time, not only for perpetrators, but for those who
unlawfully protected the perpetrators.
Financial Implications for Defendants
Four
institutional Defendants are named: Sovereign Grace Ministries, Covenant Life
Church, Covenant Life School, and Sovereign Grace Church of Fairfax.
These
501(c3) non-profit corporations each carry liability insurance to indemnify
(cover) the organization against lawsuits like the one being filed. Typically a
church in SGM has coverage for about 1 million dollars in damages. The policies
for SGM, CLC and SGCF may provide for greater payouts.
When
a lawsuit is filed, the Insurance Company begins their own investigation.
Regardless of findings, they will cover the expenses/damages for the
institutional Defendant (i.e. church or ministry).
The
same is not true for the individual Defendants. If they determine the
Defendants are liable, then the Defendants will have to pay all legal fees and
damages from their own financial resources. That could easily lead to personal
bankruptcy and the garnishing of wages in the future.
In
this regard, it is important to know whether or not Sovereign Grace Ministries
is paying for legal representation for the individual Defendants if they are
not being covered by the Insurance Company. For instance, is SGM paying the
legal fees for C.J. Mahaney (President), John Loftness (Chairman) and Gary
Ricucci (Pastor for the Pastors College).
Every
leader and church member in SGM should demand an accounting. Are monies donated
to the charitable cause of SGM being used to cover legal expenses because those
expenses are not being covered by the liability insurance? This is a crucial
question! No church or individual contributor should give another dime to SGM
until these questions are openly answered in public.
Reputational Implications
If
the lawsuit goes to trial, it will destroy the reputation of C.J. Mahaney and
Sovereign Grace Ministries. Of that I am certain. C.J. is ultimately
responsible having been the President of SGM for 22 years (1990 to present) and
the senior pastor of CLC for 25 years (1980-2004). He has not been uninformed
or uninvolved in most, if not all, of the complaints alleged.
There
are ominous signs in the amended lawsuit that portend worse things to come.
The Legal Road Ahead
The
legal defense team of Gammon and Grange will now file their responsive
pleadings. They will argue for dismissal of the class action by the Judge on
various grounds (e.g. the First Amendment). The lawyers for the Plaintiffs then
provide the Judge their own response to these pleadings.
Sometime
in the spring, the Judge Sharon V. Burrell will rule on the merits of the case
and make a determination whether or not it may proceed to discovery.
“Discovery
is the pre-trial phase in a lawsuit in which each party, through the law of civil
procedure, can obtain evidence from the opposing party by means of discovery
devices including requests for answers to interrogatories, requests for
production of documents, requests for admissions and depositions. Discovery can
be obtained from non-parties using subpoenas.”
The
evidence gathered during the discovery phase will be presented to the Judge
over the summer I assume. She will then make a ruling on whether or not the
case may be tried by a jury based upon its merits.
If
it goes to trial, I suspect a date will be set for the end of this year or
early next year. I imagine the trial will last several weeks given the growing
number of Plaintiffs and Defendants.
The
jurors will have their hands full. It will be a ton of information to
assimilate and evaluate. In the process, they must assess the liability of each
individual Defendant and each institutional Defendant. Then they assign damages
to be paid out by each Defendant if found liable. They will also rule on
requests for equitable relief.
Of
course, it is possible some or all of the Defendants may settle out of court.
It is also possible the Judge will dismiss the case, or certain Complaints in
the case, after the responsive pleadings. Or the Judge may rule that the case,
or certain Complaints in the case, may not go to trial after discovery. It is
not a done deal and innocent Defendants should not end up in trial court.
This
is yet again another opportunity for C.J. and SGM to humble themselves under
the mighty hand of God or experience even greater expressions of his holy
opposition. There has been no grieving, mourning or wailing in SGM over the
past 18 months.
The
Leadership Team and Board of Directors refuse to submit to God and acknowledge
their grave sins on different fronts while many SGM pastors tolerate and
condone what should have been exposed and condemned through just means. The
devil has encamped around SGM. He will not flee until there is widespread
mourning and gloom. Instead of SGM being lifted up by God, it has been brought
low by God in a short period of time.
James
4:4-10 Or do you think Scripture says without reason that the spirit he caused
to live in us envies intensely? [6] But he gives us more grace. That is why
Scripture says: “God opposes the proud but gives grace to the humble.” [7]
Submit yourselves, then, to God. Resist the devil, and he will flee from you.
[8] Come near to God and he will come near to you. Wash your hands, you
sinners, and purify your hearts, you double-minded. [9] Grieve, mourn and wail.
Change your laughter to mourning and your joy to gloom. [10] Humble yourselves
before the Lord, and he will lift you up.
I
have summarized below the alleged activities of abuse that are contained in the
amended lawsuit.
Three Original Plaintiffs
Jane
Doe
(C7, 62-73)
“A
female high-school student residing in Virginia who was sexually assaulted when
she was three.” (C7)
“Between
August 1998 and March 1999, a church member repeatedly sexually assaulted and
sexually molested Jane Doe.” (C62)
Charge:
Repeated sexual assault and molestation
Timeframe: August 1998 – March 1999
Age: 3 years old
Parents: Church officials who ran a Home Group
Location: Not specified
Perpetrator: Church member
Defendants cited: Ecelbarger, Phillips, Hinders, D., Gallo
Norma
Noe
(C8, 74-86)
“A
22-year old female college student residing in Maryland who was sexually
assaulted when she was two years old.” (C8)
“On
or about March 17, 1993, a church member sexually molested Norma Noe. Norma Noe
was two years old at the time of the sexual assault and living in Gaithersburg,
MD.” (C74)
Charge:
Sexual molestation
Timeframe: March 1993
Age: 2 years old
Location: Not specified
Perpetrator: Juvenile church member
Conviction: Parents of victim immediately called police and reported assault,
convicted for sexual molestation.
Defendants cited: Loftness, Ricucci, Layman
Robin
Roe
(C9, 87-95)
“Is
a young woman residing in Maryland who sister was sexually assaulted by a
pedophilia stepfather.” (C9)
“Plaintiff
Robin Roe’s adoptive father…is a sexual deviant who sexually abused her older
sister for three and one-half years.” (C87)
Charge:
Sexual assault and abuse for 3 ½ years
Timeframe: Discovered by mother in November 1987
Location: Not specified
Perpetrator: Stepfather and current member of Covenant Life Church
Defendants: Ricucci, Loftness
Five Additional Plaintiffs
Paula
Poe
(C3, 37-42)
“Female
who was repeatedly sexually assaulted during her childhood at the School at CLC
and at various church events.” (C3)
“Was
repeatedly sexually assaulted by two men. The primary perpetrator was a pastor
and teacher. The secondary perpetrator was a children’s ministry worker.” (C37)
Charge:
Repeated sexual assault
Timeframe: Not specified
Location: Covenant Life school, Church premises and Church events
Perpetrator 1: Pastor/teacher
Perpetrator 2: Children’s ministry worker
Carla
Coe
(C4, 43-47)
“Female
who was repeatedly abused by Defendant Tomczak, primarily in Maryland and
Virginia.” (C4)
Charge:
Non-sexual abuse
Time: 25-year period
Location: Maryland and Virginia
Defendants: Tomczak
Grace
Goe
(5, 48-52)
“Female
who, along with her siblings, was repeatedly abused.” (5)
“Was
physically and sexually abused by her father when she was a minor and living in
Maryland.” (48)
Charge:
Repeated physical and sexual abuse
Age: Minor
Location: Maryland
Perpetrator: Father
Defendants cited: Covenant Life Church, Ricucci, Loftness
Karen
Koe
(C6, 58-61)
“Brother
and sister, both of whom were sexually assaulted as children residing in
Virginia.” (C6)
“Was
sexually molested by a juvenile sexual predator when she was eight years old.”
(C58)
Charge:
Sexual assault and molestation
Victim: Age 8
Location: Virginia
Perpetrator: Juvenile sexual predator (who was previously charged with raping a
minor and served time in juvenile detention); parents alerted police and was
convicted on felony charges
Defendant: Gallo
Karl
Koe
(C6, 53-57)
“Brother
and sister, both of whom were sexually assaulted as children.” (C6)
“Was
seven years old when he was repeatedly sexually molested (approximately ten
times) by the male son of a Church pastor.” (C53)
Charge:
Repeated sexual molestation
Victim: Age 7
Perpetrator: Male son of a Church pastor (approximately age 12 or 13)
Location: Multiple locations including bathroom at Sovereign Grace Church of
Fairfax
Defendants: Ecelbarger, Gallo, Mullery, V. Hinders
Two Examples Not Included as Plaintiffs
Example
1
(C99-108)
“A
young girl was repeatedly sexually abused by her father, a member of the SGM
church located in Fairfax, Virginia. When the girl reached the age of ten, she
told her mother about the ongoing and long-standing sexual abuse.” (C99)
Charge:
Repeated incestuous sexual assaults
Victim: Reported to mother at age 10
Perpetrator: Father – a member of Sovereign Grace Church of Fairfax
Location: Not specified
Example
2
(C109-111)
“A
child was molested by a person of the same sex. The parents immediately advised
Defendants of this attack. Defendants told the parents that the sexual predator
had been caught molesting several other children on occasions in the past.”
Charge:
Sexual molestation
Victim: A child
Perpetrator: A sexual predator of the same sex
Location: Not specified
Previous Posts on Subject
Sovereign
Grace Leaders Conceal Spiritual Abuse Like Penn State Leaders Concealed Sexual
Abuse
Friday,
July 13, 2012 at 4:51 PM
Statements
by Sovereign Grace Ministries and Covenant Life Church on Reported Lawsuit
Thursday,
October 18, 2012 at 10:20 AM
Copy of Lawsuit Brought Against Sovereign Grace Ministries and Eight Defendants
Thursday, October 18, 2012 at 3:39 PM
Sexual
Abuse and Spousal Abuse in Sovereign Grace Ministries
Monday,
October 22, 2012 at 5:45 PM
Random Thoughts on Recent Events
Friday, October 26, 2012 at 11:03 AM
Class Action Lawsuit Naming Sovereign Grace Ministries Is Expanded
Monday, January 14, 2013 at 7:22 PM