ELCA Settles Texas Civil Case With 14 Plaintiffs
ELCA Settles Texas Civil Case With 14 Plaintiffs
ELCA NEWS SERVICE
April 12, 2004
ELCA Settles Texas Civil Case With 14 Plaintiffs
04-061 CHICAGO (ELCA) -- The churchwide organization of the Evangelical Lutheran Church in America (ELCA) settled a civil suit brought against the church in Marshall, Texas, by 14 plaintiffs in a case that involved the behavior of a former ELCA pastor.
The former pastor, Gerald P. Thomas Jr., was found guilty of criminal sexual assault against children in a trial last year and was sentenced to a lengthy prison term. At the request of the plaintiffs' attorney, the terms of the settlement were not disclosed by the court, said John R. Brooks, a spokesman for the ELCA. The settlement was approved April 12 in a Marshall court by District Judge Bonnie Leggat. The churchwide organization reached a tentative settlement with the plaintiff's attorneys March 27, subject to approval by the court.
The issues were "mediated in good faith, and the settlement was reached in good faith," Brooks said. "The ELCA is thankful to have reached a settlement in a civil case" that arose from Thomas' conduct, Brooks said in a written statement. "We continue to pray for all who have been adversely affected by this disturbing case, and we ask your prayers for the victims of Thomas and for the congregation that he once served in Marshall." Brooks emphasized that Thomas is no longer an ELCA pastor.
With the cooperation of its insurance carriers, the ELCA "is grateful its share of the total settlement payment is being funded without adversely affecting the mission and ministry of this church," Brooks said. "In reaching its settlement, the ELCA admitted to no wrongdoing by the church." In an April 7 statement, attorneys for the plaintiffs and defendants in the case confirmed that other defendants in the civil suit had settled with the plaintiffs, subject to court approval. The defendants that have settled are Trinity Lutheran Seminary, the Southeast Michigan Multi-Synodical Candidacy Committee, and Good Shepherd Lutheran Church.
Remaining defendants include the ELCA Northern Texas- Northern Louisiana Synod, its former bishop, the Rev. Mark B. Herbener, and a former assistant to the bishop, Earl H. Eliason. A civil trial is to begin April 13 in Marshall. Because the synod has not settled and it appears their case will go to trial, Brooks said it would be "entirely inappropriate" to comment on specific allegations made in the case. "We ask that the public keep an open mind about this matter until all of the evidence has been heard and a verdict reached," Brooks said.
Thomas was pastor of Good Shepherd Lutheran Church, Marshall, from 1999 until his arrest in May 2001. Thomas pleaded guilty to federal criminal charges of possession of child pornography and was sentenced to serve five years in a federal prison. In state court he was convicted in 2003 of 11 counts of multiple sex crimes against children. He will begin serving a 397-year sentence in a state prison once the federal prison term is completed. In March 2002 the plaintiffs filed a civil suit against the ELCA and other parties.
"This lawsuit has been deeply troubling to all involved, and we acknowledge its seriousness," Brooks said. "Prior to Thomas' arrest, the ELCA was unaware of the former pastor's reprehensible conduct toward the plaintiffs in the case. Nevertheless, the ELCA is deeply sorry that anyone was victimized by Gerald Thomas." Allegations of inappropriate sexual contact with children by ELCA clergy are "very rare," he said. Molestation of children is a crime, and the ELCA cooperates fully with law enforcement authorities when incidents do occur, Brooks said. The ELCA urges its congregations and members to immediately report cases of suspected child sexual abuse to local authorities, he said.
The ELCA seeks compliance with all states' laws regarding the reporting of child abuse. Brooks said the ELCA does not tolerate cases of sexual abuse involving clergy. He noted the ELCA's clergy standards policy which states: "Ordained ministers are expected to reject sexual promiscuity, the manipulation of others for purposes of sexual gratification, and all attempts at sexual seduction and sexual harassment, including taking physical or emotional advantage of others." "When ELCA bishops are presented with allegations of improper conduct by pastors, they investigate these matters promptly," Brooks said.
"If there is credible evidence to support the charges, the bishop will immediately seek the pastor's resignation from the ELCA's clergy roster. ELCA bishops do not have authority to reassign clergy, and they do not move known perpetrators to other ministry locations." People who seek to become ordained ministers in the ELCA go through an extended process of study and evaluation, Brooks said. To the church's knowledge, no other pastor who completed this process has ever been accused of the conduct for which Thomas was convicted in Texas, he said. "Still, in a continuing effort to guard against such tragedies, the ELCA will review its guidelines and procedures for candidacy for the ordained ministry," Brooks said.
ELCA Statement on Texas Civil Case