Judge dismisses suit alleging harrassment

A priest who was removed from ministry by Bishop Howard J. Hubbard more than a year ago for sexually abusing a minor had a lawsuit against him dismissed by an acting Supreme Court judge last week.

Rev. John Bertolucci had been sued not for the abuse, which occurred nearly 30 years ago and therefore well beyond the statute of limitations for prosecution. He was sued instead for harassment and intimidation, based on a single phone call he made in 2002 to the parents of the victim, who is now in his forties. The lawsuit sought $450,000.

Judge Christian Hummel ruled that one call did not meet the stringent requirements in state law that define harassment. In his decision, he said the plaintiffs had to prove that the call was "so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency and to be regarded as atrocious and utterly intolerable in a civilized community."

He further noted that the Court of Appeals, in examining claims of harassment, has never found one "sufficiently outrageous" as to constitute harassment.

Father Bertolucci, who is now retired, alleged that his call was an appeal for forgiveness from the parents, not an attempt to harass them.

"Father Bertolucci called them to apologize for his past conduct. He never intended to cause the plaintiffs any distress, and he will always regret any pain he caused," James T. Potter, the priest's attorney, told The Gazette of Schenectady.

The suit, filed a year ago and amended last spring, eventually included Bishop Howard J. Hubbard, the Diocese and Rev. Kenneth Doyle, chancellor. In recent rulings, Judge Hummel removed all three from the suit, saying there was no evidence they were involved in the call.

(10/30/03) [[In-content Ad]]