Phoenix Diocese pays $100k to settle sex abuse lawsuit

By Andrew Junker, The Catholic Sun
January 4, 2007

The Diocese of Phoenix agreed to pay $100,000 to settle a civil lawsuit claiming sexual abuse and negligence.

The lawsuit, filed in January 2005 by William Cesolini, claimed sexual abuse at the hands of former priest Mark Lehman — a seminarian at the time — and Phil Baniewicz, then a youth minister at St. Timothy Parish in Mesa.

In the lawsuit, Msgr. Dale Fushek was accused of witnessing the abuse and failing to report it. He was pastor of St. Timothy Parish, where the plaintiff claims the abuse took place in 1985. Cesolini is now 35.

The allegations — made public in December 2004 — were based on the recovery of an alleged repressed memory.

Diocesan attorney Mike Haran said that the settlement does not imply any admission of guilt. He said the amount was agreed upon during deliberations Dec. 5.

Msgr. Fushek, former vicar general for the diocese, gained prominence for co-founding Life Teen, an international youth ministry program.

Bishop Thomas J. Olmsted suspended Msgr. Fushek’s faculties in late 2004 when the allegations surfaced.

In November 2005, Msgr. Fushek was arrested on 10 misdemeanor counts including assault, indecent exposure and contributing to the delinquency of a minor.

These charges did not include claims in the civil lawsuit recently settled.

Haran said that three of those misdemeanors have been dismissed due to the statute of limitations. The remaining seven are pending trial.

Throughout the ordeal, Bishop Olmsted has requested prayers for all parties involved.