(Additional information about these cases available by using the search engine above.)
LDS/Mormon
Legal cases and case studies
- James Adams-January, 1996 West Virginia-
This case was filed in Raleigh County Circuit Court in Beckley, WV in January,
1996. Adams was an "Ordained Elder" who sadistically abused his own
children, even forcing them to make pornography which was confiscated by the
state police. The suit seeks $750 million dollars from the LDS Church and other
defendants. The mother who brought the case is identified only as Rebecca Doe.
She alleges that LDS Church leaders had known about the abuse since 1989 but did
nothing about it until Adam's arrest in 1994. Adams was sentenced to 76 to 185
years in prison. In 1997, the LDS Church sought removal to the United States
District Court in Charleston, WV, claiming federal question jursidiction. In the
fall, the federal court declined to accept jurisdiction and sent it back to
state court. Also in the fall of 1997, the West Virginia Supreme Court, in a 4-1
decision, upheld a trial court ruling that prevented plaintiff's from serving
subpoenas on Mormon President Gordon B. Hinckley and other high officials and
from seeking detailed statements of LDS Church assets on the grounds they were
too "oppressive and burdensome" on the Church...Read
more info on the case
Plaintiff's Attorney:
Michael G. Sullivan
1720 Main St. Colombia,
SC +1 803 254-4669
- Arlo Atkin-Maricopa County, Arizona in 1994
This case arose in Maricopa County, Arizona in
1994. The plaintiff, Ellen LNU (last name unknown) had been molested twice by
the time she was fourteen. Confused and distraught, she and her parents turned
to Bishops Arlo Atkin and James "Jim" Stapley, the latter of whom is
(was) a Mesa City Council member. Atkin took her into his home in Mesa where she
would live with him and his family. Two months later Atkin began a sexual
relationship with Ellen, following which she attempted suicide. But the
relationship continued. Church members became suspicious. She moved back home
with her family. A few months later, Ellen was pregnant with Atkin's child; she
claimed she had been raped by another person. But her mother found sexually
explicit love letters from Atkin to the girl. Atkin pleaded guilty, served 132
days in jail and was ex-communicated. Ellen gave birth to the child and put the
baby up for adoption. Atkins violated probation by having contact with Ellen.
The current status of this case is unknown.
- Eric Patrick "Ricky" Avant-Norfolk, Virginia-This case arose in Norfolk, Virginia, Avant
was a church cub scout leader. He sodomized eight boys. He had a prior
conviction for sodomy, but the church never checked him out and never registered
him with Boy Scouts of America which would have run a background check. The LDS
Church settled in May 1992 for an undisclosed amount.
- Christian Bearnson-Los Angeles, California November, 1993
A jury verdict was returned in Los Angeles Superior Court in November, 1993.
This case arose in Pomona, California. The jury awarded actual and punitive
damages. Shortly after the verdict, the LDS Church settled the case with the
plaintiffs for an undisclosed amount and had the file sealed. The perpetrator
was a Mormon Church Elder and the plaintiffs were two fourteen-year-old girls.
Tammy LNU and Melody LNU were molested by Bearnson at a church-sponsored camp.
Evidence was presented that Bishop Bradley Cutler attempted to cover up.
Further, there was evidence that two other girls in 1990 had also been molested
by Bearnson at a church camp out. The two other girls had gone to the prior
Bishop, Robert Wise, who refused to believe their allegations about Bearnson and
accused them of making up the allegations to get attention. Wise said,
"Chris Bearnson is part of the priesthood and ... nothing like that happens
in our church." Wise later denied having made the comment.
- Gary Arthur Bishop
In Utah Gary Arthur Bishop sexually tortured and
murdered five boys, ages 5-14. He was a Mormon Boy Scout leader.
- John Charles Blome-Montgomery County, Texas, October 1998
This civil case was filed in Montgomery County,
Texas and went to jury trial. The case settled for $4 Million after the Mormons
were found negligent. A 13 year old boy who was molested by a Mormon Church
youth leader in Magnolia Ward was awarded more than his own lawyers sought
October 8, 1998. Blome molested many other boys from the same area and in other
areas. Sheriff's deputies were upset that the Mormon Bishop tipped Blome to the
pending investigation, and he burned evidence before it could be seized. In an
earlier case against Blome the Mormon Church was also found negligent.
Steven L. Hammock-Salt Lake City, Utah in 1989
This was filed in federal court in Salt Lake City, Utah in 1989. The
plaintiff was Michelle Scott, and the case went to a bench trial in October,
1994. The judge awarded damages in "an amount still to be determined."
The LDS Church was not a defendant in the case because this case went to the
Utah Supreme Court on the issue of the breadth of the priest-penitent privilege.
The court held that the privilege included all conversations and information
received by a Bishop from a member regardless of whether it was confessional.
The LDS Church was not required to disclose any information Hammock had divulged
to them. It is unclear what evidence of knowledge on the part of the church the
plaintiff had. Michelle Scott had been adopted by the Hammocks', and he abused
her from age 6 to age 13.
- Cecil B. Jacobsen M.D.
This is the infamous infertility specialist who
was caught using his own sperm to impregnate his female patients. The story came
out when several children were born with the same birth defect. He has since
moved to Utah. The motive for his actions may have been the wacky Mormon belief
that men are to have as many children as possible to increase their posterity in
the afterlife when they will rule other planets in heaven.
- Robert Gene Metcalf-Prescott, Arizona-1979 This case arose in Prescott, Arizona and was
filed in Maricopa County Superior Court in May 1993. In 1979, Gail Metcalf
walked in on her husband, Gene Metcalf, and witnessed him having anal sex with a
13 year old boy who had been residing with them. He was sentenced to prison for
six years for his misconduct with the boy as well as with Gail's children. She
divorced him and the Church excommunicated him. His parental rights were not
terminated, but a six-month no contact order was entered following his release
from prison. In 1987, Gail Metcalf developed a brain tumor and needed extensive
medical treatment. She contacted her local Bishop to discuss what will happen to
her chldren while she is hospitalized. Her civil lawsuit alleges that she was
ordered by her Bishop and the Stake President to send her children to live with
Gene Metcalf and they would monitor the situation for her making certain the
children were safe. She sent them to live with him for eight months when they
were molested again. At his sentencing, there was heavy lobbying by politicians
connected to the Church in defense of Gene Metcalf. Local Bishops involved and
who may be named defendants are Grant Shumway and Don Excell. The case was
resolved with an undisclosed settlement on behalf of the Metcalf children.
- Ralph Neeley-Jefferson County, Texas 1995-
This case arose in Jefferson County, Texas (Port Arthur). In January,
1995, the Church settled for an undisclosed amount with the parents of an
eight-year-old girl who was repeatedly molested at a Mormon ward (chapel) by
Neeley. Neeley was a Mormon priesthood member and his Bishop knew about the
allegations but failed to report it. Neeley's acts against the girl were so
gross he got life in the criminal trial. Church leaders claim they encouraged
Neeley to turn himself in to the police. John Charles Blome (case noted above)
and Neeley were friends. Neeley went to prison first. This lesson of not
reporting is one the Mormon Bishops might have learned the first time around
since both cases involved the same Mormon authorities. Once again they allowed
more children to be hurt while protecting the predatory pedophile. The case
settled for an undisclosed amount.
- John D. Parkinson, M. D-Stake President in Fairfield,
California - This
case took place in Fairfield, California and was filed in Solano County Superior
Court. John D. Parkinson was a Mormon Stake President who used his position of
trust as a doctor and religious leader to molest and misdiagnose women and
children who attended the Mormon Church. A female member became concerned about
his care and collected accounts of his abuse and brought them to the Mormon
leadership. He was protected by the Church higher authorities and this woman
moved away branded as a troublemaker. This allowed him free reign among the
membership and it took years to get his license to practice medicine removed.
His license was removed in part for diagnosing women with cancer, prescribing
chemotherapy, and then claiming he cured them when they did not have cancer in
the first place. This did not stop him from practicing medicine however, and he
has since been found guilty of practicing medicine without a license and other
crimes related to the earlier allegations.
- Lloyd Gerald Pond-Salt Lake City, Utah-March 1997
This
case was filed in Third District Court in Salt Lake City, Utah. Pond was a
Mormon Church spokesman, the host and executive producer of "Times and
Seasons", a public affairs program of the LDS Church, broadcast nationally
and overseas. The program focused on moral and social issues, including child
abuse. Pond groomed an eleven year old girl, eventually photographing her nude
and molesting her at age 13. He received a plea bargain which was criticized in
the press for being too lenient. The bargain was considered special treatment
because of his position and connections. A newspaper article from March 2, 1997
discusses the plaintiff's attempts to obtain discovery of the prosecutor's file
in the Pond case and the resistance put up by the Salt Lake City District
Attorneys office to the civil subpoena.
Plaintiff's
Attorney
David K. Isom
60 E. Temple, #1680
Salt Lake City, UT 84111
+1 801 366-6000
- Richard Kenneth Ray-Maricopa County, Arizona 1987
The case was filed in Maricopa County, Arizona about 1987. This case involved
molestations of a two year-old girl whom Ray and his wife babysat for a year and
a half. The suit alleged negligence for the Church's failure to report Ray to
authorities and in counseling offered to Ray. This case was the subject of an
Arizona Court of Appeals ruling that the priest penitent privilege waiver did
not apply because the perpetrator later confessed to police. The court ordered
Mormon Bishops to reveal what Ray had told them about prior molestations. The
Church settled the case on January 9, 1990, the day of trial, for an undisclosed
amount.
- Michael Rex Shean-Santa Maria, California
This case arose in Santa Maria,
California. Shean was an attorney and Mormon Church leader who used his position
as coach, attorney, and religious teacher to groom boys for seduction. The Stake
President in the case was an FBI agent, Nolan Phillips, who should have been
much more alert to the problem of a predatory pedophile in his flock. The Mormon
Church was found negligent and settled for an undisclosed amount.
Plaintiff's attorney:
William Johnson
Bennett, Johnson & Galler
Oakland, CA
(510)444-5020
- Peter Brackner-
Purvis Mississippi
Lawsuit
alleges child molestation in Columbia, Mississippi man who claims he was
molested as a child by a Boy Scout leader is suing the Church of Jesus Christ of
Latter-Day Saints. Jason Dunaway, 24, is seeking $25 million and claims in his
lawsuit that the Mormon church did nothing to prevent sexual attacks on him by
scout master Peter Brackner of Purvis. Dunaway said a Mormon leader was told of
the alleged sexual misconduct but did nothing. Dunaway was part of a boy scout
troop sponsored by the Columbia Mormon church, according to his lawsuit filed
Tuesday in Lamar County Circuit Court. He claims in the lawsuit that the
molestation began when he was 11 years old in 1985. A similar lawsuit was filed
this spring by a relative of Dunaway's.
John Clark, a Jackson attorney who has represented the Mormon church, said the
church "abhors sexual abuse, spousal abuse, any kind of abuse."
- LaVar Withers M.D.-Rexburg, Idaho-
This case is filed as a class action in the United States District Court for
the District of Idaho and arose in Rexburg, Idaho, a Mormon controlled
community. The suit does not name the LDS Church as a defendant but
names Madison Memorial Hospital, as well as Withers, and Rexburg
Medical Center. Over 125 women and children came forward to the Rape Crisis
Response Center to tell of his abuse over a thirty year period. Numerous women
had told their Bishops of his abuse through the years. Still the Mormon Church
protected him and helped with his defense denouncing the women as dissatisfied
troublemakers. His criminal sentence was extremely light considering his crimes:
Thirty days suspended and a small fine. There were eight children in the
criminal case. He preyed upon young women who were away from home for the first
time attending the local Mormon college. All the victims, prosecutors, judges,
doctors and law enforcement are Mormon, so it is unlikely the LDS Church will be
named as a defendant for their negligent acts. This is a case where the County
ought to sue the Mormon Church for not reporting. One would think the LDS Church
would have learned from this case to report suspected abuse.
Unfortunately, the same LDS Church and the same hospital watched silently as a
three month old baby, William Genther, was tortured to death. The child was
brought to the hospital eight times with serious injuries and it was never
reported to authorities. In one of the news accounts it states that the father's
stepmother, Gleneen Genther, reported to church authorities that she feared for
the infants life. They did nothing.
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