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AP, via The Salt Lake Tribune, USA
July 27, 2007
www.sltrib.com

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ReligionNewsBlog.com • Item 18854 • Posted: Friday July 27, 2007  

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PORTLAND, Ore. – A $45 million sex abuse lawsuit against the Church of Jesus Christ of Latter-day Saints will be mediated by a judge in an effort to reach a settlement instead of going to trial.

Kelly Clark, a Portland lawyer whose client is suing the Mormon church, says the mediation is set for Aug. 9 and 10.

The dates were confirmed by Stephen English, a Portland attorney representing the church.

If the case is not settled, a trial date has been scheduled for Oct. 18, Clark said.

The lawsuit claims that a home teacher, Kenneth I. Johnson Jr., sexually abused a Beaverton boy as much as twice a week from 1987 to 1989.

The church is responsible because Johnson was authorized to act on its behalf, giving him access to the boy, according to the complaint.

The lawsuit claimed the duties authorized by the church included “educational and tutorial services, counseling, spiritual and moral guidance, religious instruction, and other duties” that would put Johnson “in a position of trust and confidence with LDS members and their children.”

Johnson has denied the allegations in court documents.

English has said Johnson was acting as a family friend, not a church official.

As part of the mediation agreement, the alleged victim – identified only by the initials “D.I.” – has asked the church for reforms, Clark said Thursday.

“My client is absolutely committed to achieving some changes in the child abuse policies of the church,” Clark said.

Clark recently won an Oregon Supreme Court ruling in a pretrial motion asking the church to disclose detailed financial information for the first time since 1959.

The ruling could set the course for a larger legal battle over the rights of the church if a settlement is not reached, attorneys said.

“We have a motion in which we’re challenging the constitutionality of access to our confidential records,” English said.

Clark sought the ruling to determine if $45 million in punitive damages was a reasonable request.

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