Church subpoenas Massachusetts reporter

By The Associated Press

10.14.02

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WORCESTER, Mass. — The Worcester Diocese has subpoenaed a local reporter to answer questions about sexual-abuse allegations against an auxiliary bishop in the Catholic church.

Kathleen A. Shaw, a religion reporter for the Telegram & Gazette of Worcester, is scheduled to be deposed Nov. 11 in the case of auxiliary Bishop George Rueger.

Harry T. Whitin, editor of the Telegram & Gazette, told the publication that lawyers for the newspaper were working to quash the subpoena.

"We object strenuously to this obvious 'fishing expedition' for information gathered by our reporter," he said, "and we intend to challenge it fully."

Diocese lawyer James G. Reardon Jr. has also asked Shaw to turn over notes, e-mails, and photographs she's gathered on Rueger's case, his alleged victim Sime Braio and Braio's attorney, Daniel J. Shea.

Shaw "is a material witness, who has spoken with the alleged victim," Reardon said. He said there was no risk of her betraying her sources' confidences because she had already made their names and stories public in the newspaper.

But Shea called the subpoena an attempt to violate the First Amendment freedom of the press, and told the newspaper he would challenge it. Shea also termed the move a back-door attempt to circumvent attorney-client privilege.

Raymond L. Delisle, spokesman for the diocese, disagreed. "There is nothing secretive here ... there is no confidentiality involved," he told The Telegram & Gazette.

Braio, 52, of Shrewsbury, claims that he was molested by Rueger, 72, when Braio was a teenage altar boy at Our Lady of Lourdes Church in Worcester, and that the abuse continued after Braio was placed at the Lyman School for Boys in Westboro. Rueger has denied that the alleged sex abuse happened.

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