Lawsuit alleges priests at Joplin, Carthage, Neosho parishes molested children

A lawsuit filed today in U. S. District Court for the Western District of Missouri alleges priests at numerous southwest Missouri parishes, including St. Mary's in Joplin, St. Ann's in Carthage and St. Canera's in Neosho molested children.

The suit was filed by 10 people, all of whom are listed only by their initials, who are adults now, but say they were molested when they were children.

Listed as defendants in the lawsuit are the Diocese of Springfield-Cape Girardeau and Bishop Edward M. Rice.

The petition not only alleges sexual abuse of children, but says the abuse was covered up by church officials.

The coverup spanned decades, according to the petition.

For many decades, the Diocese has known of the sexual abuse perpetrated upon its young parishioners and children in the community by several of its employees, agents, servants, priests, reverends, brothers, nuns, teachers, chaplains, or other persons acting at the behest of, in the course and scope of employment of, and under the control of the Diocese and Bishop. 

Defendants often transferred the perpetrator to a different location within the Diocese and/or the Catholic Church or sent him away for treatment before returning him to unsupervised access to children. To the extent it published anything at all about this misconduct, the Defendants often came to the defense of the perpetrator even in the face of known sexual abuse.

The following cases are taken from the petition:

Sexual Abuse of J. B.
 

J.B. was born on November 20, 1979 and lived in Neosho, Missouri at the time of the abuse set forth herein. J.B. attended S. Canera’s Catholic Church in Neosho, Missouri. J.B. was raised in a devoutly Catholic family. She attended church every Sunday and was confirmed and had her first communion at St. Canera’s Catholic Church. 

J.B.’s parents raised her to respect, trust, and obey the Catholic Church and its employees. She was taught by both her parents and the Church that priests were the ultimate authority and were to be trusted inherently. 

J.B. was an altar server for many years, beginning when she was 9 or ten years old. When Plaintiff became a teenager, Fr. Harth took an interest to her. He began taking her to the room where the altar servers got ready. When there were no other children present, Fr. Harth would kiss her, touch her breasts and genitals. 

On one occasion, Fr. Harth had a newspaper clipping of Plaintiff playing basketball and asked Plaintiff to come by and get a copy from him. When she arrived, he kissed her and fondled her again. These events occurred at least monthly for approximately three years. Plaintiff told her mother in approximately 2019. Her mother, who is now deceased, reported the abuse to the Diocese but no action was taken and the Diocese has never reached out to her to conduct any kind of investigation.  

Plaintiff engaged in psychological coping mechanisms that prevented her from ascertaining the injuries from the abuse or its wrongfulness.

Sexual Abuse of E. R.

E.R.. was born on April 17, 1962 and lived in Neosho, Missouri at the time of abuse. E.R. was raised in a Catholic family that attended church every Sunday. Plaintiff’s mother was very involved in the church and frequently volunteered. Plaintiff was baptized and received first communion at St. Canera’s Catholic Church in Neosho. At all relevant times, St. Canera’s was under the direct supervision, employ, and Diocese and Bishop. 

Between 1968 and 1970, Plaintiff was abused on multiple occasions by Fr. Reeker and Fr. Tom McCarthy. On those occasions, Fr. Reeker would babysit Plaintiff at the Rectory. Sometimes, Fr. Reeker would bathe Plaintiff and use the occasion to molest him and fondle him. Reeker also abused him in other rooms of the rectory. 

Fr. McCarthy also abused Plaintiff. Usually that would occur at McCarthy’s home. There, McCarthy would bathe and fondle the plaintiff. McCarthy also took his clothing off and required Plaintiff to fondle his genitals. 

On at least one occasion, Plaintiff’s parents arrived early and McCarthy and Reeker quickly dressed the boy stating that they had bathed claimant. At all relevant times, St. Canera’s Catholic Church and rectory were under the direct supervision, employ, and control of Defendants Diocese and Bishop.

Plaintiff told his father of the abuse early on but his father became irate and he never spoke of the abuse again. Plaintiff also told Fr. Reeker that Fr. McCarthy was abusing him but Fr. Reeker took no action. Plaintiff engaged psychological coping mechanisms that prevented him from ascertaining his injuries or their cause.

Sexual Abuse of M. D.

M.D. was born on September 15, 1967 and lived in Joplin, Missouri when Msgr. John Westheus sexually abused him. M.D. attended Catholic school and St. Mary Parish for mass on Sundays. He served as an altar boy for three or four years. 

Msgr. Westheus touched Plaintiff’s genitals, performed oral sex on Plaintiff and forced Plaintiff to perform oral sex on the Priest on approximately 8 to 10 occasions. 

As a child, Plaintiff told his father. His father did not believe him and as punishment made the boy hold a Bible out in the air until he was exhausted. 

After that, Plaintiff told no one.

Sexual Abuse of V. F.

V.F. was born on January 29, 1968. He resided in Carthage, Missouri at the time he was abused by an unknown priest at St. Ann’s in Carthage. The Priest had an office at St. Ann’s, was heavier set, average height, older and had grey hair. 

Plaintiff attended 8th grade at St. Ann’s. While he was there, the Priests called him a “charity case” who was at their mercy and if he broke any rule he would be suspended. He was at St. Ann’s because he had been kicked out of public school. 

At all relevant times, St. Ann’s was under the direct supervision, employ, and control of Defendants Diocese and Bishop. The abuse occurred when the Priest called Plaintiff into his office in the rectory at St. Ann’s. There, the priest pulled down Plaintiff’s pants, fondled and Plaintiff and tried to force Plaintiff to touch him. The Priest also demanded oral sex and performed oral sex on the boy. 

These abuses occurred approximately 10-12 times over the course of that school year.

Plaintiff never told anyone of the abuse.

The lawsuit also details alleged sexual abuse of plaintiffs in Kimberling City, Poplar Bluff, Malden, Springfield, Advance and West Plains.

The nine-count lawsuit alleges the following:

-Intentional failure to supervise clergy

-Negligent failure to supervise children and report sexual abuse

-Breach of special relationship/duty

-Fraud and conspiracy to commit fraud

-Fraudulent misrepresentation

-Constructive fraud

-Intentional infliction of emotional distress

-Aiding and abetting/ratification

The plaintiffs are asking for a jury trial and compenstatory, statutory and punitive damages, interest and expenses.

They are represented by attorney Rebecca M. Randles of Randles Mata, Kansas City.

(Note: Initially an address was included for the Neosho church that was incorrectly stated in the lawsuit. The address has been removed.)