July 11, 2003

Alleged abuse victim says HIV test is negative
Richard Nangle, TELEGRAM & GAZETTE STAFF

An alleged victim of clergy sexual abuse who has sued the Worcester Catholic Diocese has had himself tested for AIDS and says the results refute pretrial deposition testimony by a diocesan official that he is HIV-positive.

Sime Braio, 53, of Shrewsbury, said he decided to get tested and go public with the result because recent news accounts suggesting he is HIV-positive were making life difficult for him. He said the test was conducted by Quest Diagnostics Inc. of Cambridge and the test result was negative.

While AIDS testing is not 100 percent accurate, Mr. Braio said he is satisfied that the result would ease the concern expressed by people close to him. He said he has constantly been asked in recent weeks why he would keep such information private but make it available to county and church officials.

Mr. Braio has filed a civil suit charging Auxiliary Bishop George E. Rueger, then a priest at Our Lady of Lourdes parish, with raping him in the early 1960s.

In pretrial deposition testimony made public last month, Monsignor Thomas J. Sullivan, diocesan chancellor and liaison to District Attorney John J. Conte's office, said he was told by First Assistant District Attorney James Reagon that Mr. Braio is HIV-positive.

After the deposition, Mr. Braio denied that he had HIV or that he ever told anyone he had been infected. After reading the deposition testimony, Mr. Reagon denied telling Monsignor Sullivan that Mr. Braio had HIV.

In the deposition Monsignor Sullivan said, "He (Mr. Reagon) told me that he (Mr. Braio) was a very sick man. That he, you know, has heart - had heart problems, was HIV-positive. You know, had, you know - we already knew he had a criminal record."

Mr. Braio's lawyer, Daniel J. Shea of Houston, said the conversation between the district attorney's office and diocese amounted to defamation of character.

"It's clear that somebody is manufacturing information in an attempt to discredit Mr. Braio," Mr. Shea said.

A telephone call to the district attorney's office was not returned.

Diocesan spokesman Raymond L. Delisle sent an e-mail with the following statement in response to a call to his office: "Diocesan personnel never made any public statement or release of Mr. Braio's medical condition or even the possibility of his being HIV-positive. It evidently came up when Msgr. Sullivan answered a question posed by Atty. Shea during a deposition. It was Mr. Braio's own lawyer, Atty. Daniel Shea, who publicly released that to the Telegram when he released a deposition without redacting private information, and the Telegram which chose to publicize private information that has no bearing on the case. HIV/AIDS is not and should not be an issue in this case, and should be treated as a private matter like any other medical condition."

Mr. Shea, who has complained of a cozy relationship between the district attorney and Bishop Daniel P. Reilly, said the conversation Monsignor Sullivan referred to about his client's HIV status is proof that an adversarial relationship does not exist.

"This is more than just cozy, it's manufacturing evidence against Mr. Braio that is defamatory per se. They're accusing him of having a loathsome disease," Mr. Shea said.

"Either Reagon is lying or Sullivan is lying. I want to know whether or not Monsignor Sullivan was perjuring himself in that deposition," he said.

The district attorney, he said, could seek an indictment against Monsignor Sullivan on a perjury charge. But if Monsignor Sullivan is telling the truth, he said, Mr. Reagon is liable.

"The only defense Reagon would have would be truth, it's an affirmative defense," Mr. Shea said. "But we've now given the proof."

In another development in the Braio case, Mr. Shea said he has found the house in Scituate where his client alleges he was raped by Bishop Rueger.

"Sime has identified the house in Scituate in which he alleged he was raped by Bishop Rueger and he has done it under oath in his interrogatory answers," Mr. Shea said.

Monsignor Sullivan testified that he never believed Mr. Braio's story. He said he did not believe Mr. Braio was truthful when he alleged that Bishop Rueger took him to a house in Scituate.

Monday, July 14, 2003

Shrewsbury man in sex abuse case to sue Conte

Richard Nangle,TELEGRAM & GAZETTE STAFF

A Shrewsbury man plans to sue District Attorney John J. Conte for $1 million, alleging that a member of the district attorney's staff told a church official the man had HIV.

Daniel J. Shea, lawyer for Sime J. Braio of Shrewsbury, filed a notice of intent Thursday, charging Mr. Conte with negligent supervision.

Mr. Shea of Houston said he will file suit after the mandatory six-month waiting period that follows the notice of intent.

Mr. Braio, 53, last year filed a civil suit charging Auxiliary Bishop George E. Rueger with raping him while a priest at Our Lady of Lourdes parish in the early 1960s.

In contrast to other allegations of clergy abuse in Worcester County, where priests were removed from their posts, the Worcester Catholic Diocese has mounted a spirited defense of Bishop Rueger. It began with a sidewalk press conference in front of the chancery a day after the suit was filed last July and has continued in the course of pre-trial depositions.

In a deposition made public last month, Monsignor Thomas J. Sullivan, diocesan chancellor and liaison to Mr. Conte's office, said he was told by First Assistant District Attorney James Reagon that Mr. Braio is HIV-positive.

Mr. Reagon has denied making any such statement. A telephone call to the district attorney's office was not returned.

Mr. Braio denies having HIV and released a laboratory result last week showing that a recent test proved he was HIV-negative. Mr. Braio said he sought the test because the public perception that he had HIV was causing him physical and emotional distress.

In the deposition, Monsignor Sullivan said, "He (Mr. Reagon) told me that he (Mr. Braio) was a very sick man. That he, you know, has heart - had heart problems, was HIV-positive. You know, had, you know - we already knew he had a criminal record."

Mr. Shea said the conversation between the district attorney's office and diocese amounted to defamation per se.

He addressed the matter directly during the course of the deposition asking Monsignor Sullivan, "Did it ever occur to you when he (Reagon) made the HIV allegation to you he was committing a criminal offense?" Monsignor Sullivan's reply was, "Never occurred to me."

Mr. Shea wrote in his court filing, "With respect to the Reagon defendant, at time of trial, plaintiff will prove that Reagon intentionally slandered or defamed his reputation per se by manufacturing a story that Sime Braio had a loathsome disease, namely, human immunodeficiency virus, that was neither justified nor true."

Mr. Shea said the information was used to discredit his client and may help explain why Bishop Rueger has not been removed from his post.

In his complaint to the court, Mr. Shea wrote, "the failure of the Reagon defendant to act upon the sworn deposition testimony of the Sullivan defendant, and instead to characterize it as "mistaken,' is direct evidence of the conspiratorial intent of these defendants."

The Worcester Catholic Diocese has filed a motion to have the suit dismissed. A hearing is scheduled for 2 p.m. today in Worcester Superior Court.

Richard Nangle can be reached by e-mail at rnangle@telegram.com.

July 19, 2003

Braio drops suit vs. assistant DA
Filer acts without telling his lawyer Sime Braio withdraws notice of suit against Conte, Reagon

 Richard Nangle, TELEGRAM & GAZETTE STAFF

WORCESTER- A Shrewsbury man who filed a notice of intent to sue District Attorney John J. Conte for $1 million last week has changed his mind.

Sime Braio filed notice yesterday in Superior Court that he has dropped First Assistant District Attorney James Reagon from the suit. Mr. Braio had alleged Mr. Reagon had told a church official he had HIV.

Mr. Braio's lawyer, Daniel J. Shea of Houston, said he had nothing to do with yesterday's court filing.

Last week, Mr. Shea had filed a notice of intent to sue, charging Mr. Conte with negligent supervision. He named Mr. Reagon and Monsignor Thomas J. Sullivan, diocesan chancellor and liaison to Mr. Conte's office, as defendants.

"It's taken me completely by surprise," Mr. Shea said. "That (Mr. Braio's action) lets Conte off the hook."

With only Monsignor Sullivan left as a defendant, "I am totally at a loss as to where we go from here," he said.

Mr. Shea said the development does not affect Mr. Braio's civil lawsuit against Auxiliary Bishop George E. Rueger, charging him with rape while a priest at Our Lady of Lourdes parish in the early 1960s.

Mr. Shea said he decided to sue Mr. Conte, Mr. Reagon and Monsignor Sullivan after taking Monsignor Sullivan's deposition in May.

Monsignor Sullivan testified at the time that Mr. Reagon told him Mr. Braio is HIV-positive.

Mr. Reagon has denied making any such statement. A call to his home last night was not returned. Mr. Braio was reached at home by telephone, but declined to answer any questions.

Mr. Braio denies having HIV and released a laboratory result last week showing he recently tested negative for HIV. Mr. Braio said he sought the test because the public perception he has HIV was causing him physical and emotional distress.

In the deposition, Monsignor Sullivan said, "He (Mr. Reagon) told me that he (Mr. Braio) was a very sick man. That he, you know, has heart - had heart problems, was HIV-positive. You know, had, you know - we already knew he had a criminal record."

Mr. Shea said the conversation between the district attorney's office and the diocese amounted to defamation per se.

Mr. Shea wrote in his court filing, "With respect to the Reagon defendant, at time of trial, plaintiff will prove that Reagon intentionally slandered or defamed his reputation per se by manufacturing a story that Sime Braio had a loathsome disease, namely, human immunodeficiency virus, that was neither justified nor true."

Richard Nangle can be reached by e-mail at rnangle@telegram.com.

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