1
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- [Matt] Alright, so
let's start get into this.

2
00:00:11,244 --> 00:00:15,448
(laughing)

3
00:00:15,515 --> 00:00:17,083
- Okay.

4
00:00:17,150 --> 00:00:18,284
All right.

5
00:00:18,351 --> 00:00:20,019
- [Matt] And rolling,
so the quick session.

6
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- So I'm ready to give it the
first take,

7
00:00:21,554 --> 00:00:22,589
but one more question.

8
00:00:22,655 --> 00:00:25,992
Is this so like my very
quickly and I say thank you

9
00:00:26,059 --> 00:00:27,627
for coming here tonight.

10
00:00:27,694 --> 00:00:28,461
- [Matt] Right.

11
00:00:28,528 --> 00:00:29,929
- I mean clearly that's
not the courtroom version.

12
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So today, okay yeah.

13
00:00:31,297 --> 00:00:34,734
So just clean it up a little
bit.

14
00:00:34,801 --> 00:00:35,969
Ladies and gentlemen,

15
00:00:36,035 --> 00:00:38,204
firstly let me thank you
for being here today.

16
00:00:38,271 --> 00:00:40,807
Now I will cut right to it
in the next few minutes.

17
00:00:40,874 --> 00:00:44,811
I will describe to you the who,

18
00:00:40,874 --> 00:00:44,811
the what,

19
00:00:44,878 --> 00:00:55,121
the why, and the where of this
case.

20
00:00:55,188 --> 00:00:56,556
Hello, my name is Rob Talach.

21
00:00:56,623 --> 00:00:59,959
I represent the plaintiff.

22
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There were 17 individuals in
that you pled guilty to abuse.

23
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- Yes.

24
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- [Rob] You were convicted
of that along with other

25
00:01:09,335 --> 00:01:13,006
crimes in June of 2011.

26
00:01:13,072 --> 00:01:15,675
- That's right.

27
00:01:15,742 --> 00:01:18,411
- The plaintiff my client
is seated here to my right.

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His name is Mr. Rod MacLeod.

29
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I bet some of you already
have a pretty good idea

30
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what this case is about.

31
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You're about to hear
the story of Rod's life,

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a key piece of it is the
sexual abuse he suffered

33
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at the hands of Father Hod
Marshall.

34
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Most of these victims were boys

35
00:01:39,799 --> 00:01:41,167
when you sexually abused them.

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00:01:41,234 --> 00:01:43,503
- [Hod] That's right.

37
00:01:43,570 --> 00:01:45,238
- The other side of this case

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is the Basilian fathers of
Toronto.

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They are a Roman Catholic
religious order.

40
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And most of these victims
were boys at schools

41
00:01:54,781 --> 00:01:57,383
you were working at the
time you abused them.

42
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- [Hod] Most, yes.

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- They employed a priest by the

44
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name of Father Hod Marshall.

45
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- They employed a priest by the

46
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name of Father Hod Marshall.

47
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You've been convicted of sexual

48
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offenses.

49
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- That's right.

50
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- [Rob] And you were sentenced
to a two year prison term.

51
00:02:10,263 --> 00:02:11,064
- Yes.

52
00:02:11,131 --> 00:02:13,299
- [Rob] And you served 16 months

53
00:02:11,131 --> 00:02:13,299
of that

54
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and were placed on parole.

55
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- That's right.

56
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- Father Marshall was

57
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originally part of this lawsuit,

58
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but he died recently
over the course of it.

59
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- Is it fair to say
that almost every school

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you taught at you would have
sexually touched the boys.

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- With a few exceptions, yes.

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- You will be tasked
at the end of this case

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with determining the level
of financial compensation

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that Rod will receive.

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Where will this money come from?

66
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It will come from the Basilian
fathers.

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Let's take some of that
money they've amassed

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and put it back where it really

69
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belongs

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00:02:55,742 --> 00:02:58,645
into the hands of a
victim of Father Marshall.

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00:02:58,711 --> 00:03:01,748
Mr. Rod MacLeod.

72
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And ladies and gentlemen,
that's what punitive damages

73
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are for: to denounce and
deter that type of misconduct.

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(dramatic music)

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(bell rings)

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- I decided early on that I felt

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that it was my duty.

78
00:03:32,211 --> 00:03:35,315
Yes, I'd been silent for 55
years,

79
00:03:35,381 --> 00:03:37,584
but now I had to do the
opposite.

80
00:03:37,650 --> 00:03:40,820
I had to open the window and

81
00:03:40,887 --> 00:03:45,491
vent all of what had gone on.

82
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In order to finally start
to set the record straight.

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Not just for myself,
but for all the others

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00:03:54,300 --> 00:03:59,939
who'd been sexually abused just

85
00:03:54,300 --> 00:03:59,939
as I had.

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Well in some ways I think of the

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church

88
00:04:03,509 --> 00:04:06,613
as the main perpetrator.

89
00:04:06,679 --> 00:04:09,415
Yes, they didn't physically do,

90
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but what they did was
they enabled the physical

91
00:04:14,187 --> 00:04:18,558
perpetrator to hide, to move, to

92
00:04:14,187 --> 00:04:18,558
do again

93
00:04:18,625 --> 00:04:20,393
over, and over again.

94
00:04:20,460 --> 00:04:22,262
Why would they do that?

95
00:04:22,328 --> 00:04:27,200
Why would they allow
someone to sexually abuse

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children in their care?

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(somber music)

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(bell rings)

99
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So long ago.

100
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Yet, it's like it was yesterday.

101
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And you see this is exactly
the way it was back then

102
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when I was here.

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No question.

104
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It brings back that that
feeling of having to flee

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and getting ready to flee.

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It's disturbing.

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When the one that you have to
flee from

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is in such a position of
authority and respect.

109
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It's not like a school bully or

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something

111
00:06:23,216 --> 00:06:27,286
that you can just run away from.

112
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See if he comes around
the corner, he's got ya.

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It was always a game of cat and

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mouse.

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And of course I was the mouse.

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(somber music)

117
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(sobbing)

118
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(beeping)

119
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- Hi, it's downtown Tesla.

120
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Your car's ready for delivery.

121
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(light music)

122
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- That's it, sweet.

123
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Here you go.

124
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You guys came in far away.

125
00:07:15,701 --> 00:07:16,469
- Oh, okay, thank you sir.

126
00:07:16,536 --> 00:07:17,870
- All right, thanks again.
- Thank you, thanks.

127
00:07:17,937 --> 00:07:18,871
- Take care.
- Okay.

128
00:07:18,938 --> 00:07:21,741
- I have been called the
priest hunter before.

129
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I don't see priest hunter
as a derogatory term.

130
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I mean the priest that I'm
hunting deserve to be hunted.

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And someone else should have
hunted them out long ago.

132
00:07:31,651 --> 00:07:43,896
Namely the church itself.

133
00:07:43,963 --> 00:07:48,201
Rod's case went to trial because

134
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Rod's singular motivation

135
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was to make a difference.

136
00:07:52,205 --> 00:07:54,574
Well most cases end in
settlement because

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there's pressure on both sides
to do it.

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There's shame and apprehension
on

139
00:07:58,511 --> 00:08:00,213
the victim's side.

140
00:08:00,279 --> 00:08:04,717
And I think there's a lot
of PR factor especially

141
00:08:04,784 --> 00:08:16,662
for Catholic entities, scandal
factor that they wanna avoid.

142
00:08:16,729 --> 00:08:17,964
So I'm done for today.

143
00:08:18,030 --> 00:08:19,932
Sir, thank you.

144
00:08:19,999 --> 00:08:21,534
And I believe no other
counsel have questions.

145
00:08:21,601 --> 00:08:23,135
Am I correct on that?

146
00:08:23,202 --> 00:08:23,970
Heads are nodding.

147
00:08:24,036 --> 00:08:30,176
Yes, so we can go off the
record.

148
00:08:30,243 --> 00:08:34,547
- I am the public face
of the Basilian fathers.

149
00:08:34,614 --> 00:08:36,682
Hod Marshall was someone that I

150
00:08:34,614 --> 00:08:36,682
walked

151
00:08:36,749 --> 00:08:41,621
with through this whole

152
00:08:36,749 --> 00:08:41,621
journey from the very first day

153
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I was in the office as the vicar

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general

155
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till the day he died

156
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and I had people in my own
community angry

157
00:08:51,397 --> 00:08:54,200
and upset with me that I was
doing that

158
00:08:54,267 --> 00:08:57,503
so graciously and lovingly.

159
00:08:57,570 --> 00:08:59,672
But, the only answer I could
give them

160
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was that I had to
because he was my brother

161
00:09:03,342 --> 00:09:07,213
and we don't abandon our
brother when things get tough.

162
00:09:07,280 --> 00:09:10,850
We journey with them through
their own,

163
00:09:10,917 --> 00:09:15,154
their own death and
resurrection hopefully.

164
00:09:15,221 --> 00:09:28,167
(light music)

165
00:09:28,234 --> 00:09:33,906
(dramatic music)

166
00:09:33,973 --> 00:09:36,676
- With the percentages being
about one or 2% of these cases

167
00:09:36,742 --> 00:09:37,877
go to trial.

168
00:09:37,944 --> 00:09:40,313
Sex abuse trial lawyers
are kind of like firemen

169
00:09:40,379 --> 00:09:43,983
that never leave the fire hall.

170
00:09:44,050 --> 00:09:46,752
When you get the call
and you get in the engine

171
00:09:46,819 --> 00:09:49,288
and your head into the fire

172
00:09:46,819 --> 00:09:49,288
and you're actually gonna fight

173
00:09:49,355 --> 00:09:51,624
a fire you're gonna do a trial.

174
00:09:51,691 --> 00:09:54,193
It is very exciting.

175
00:09:54,260 --> 00:09:56,662
- Rod MacLeod's case went to
trial

176
00:09:56,729 --> 00:10:00,333
because all of our attempts at
settlement

177
00:10:00,399 --> 00:10:03,836
through mediation were
unsuccessful.

178
00:10:03,903 --> 00:10:09,275
Mr. MacLeod felt that
we were not being fair

179
00:10:09,342 --> 00:10:12,078
and just in what we were
willing to offer him

180
00:10:12,144 --> 00:10:15,982
as a settlement.

181
00:10:16,048 --> 00:10:18,584
- [Rob] All right, this is
the totality of documents

182
00:10:18,651 --> 00:10:23,656
they provided us on first
request.

183
00:10:23,723 --> 00:10:26,792
Marshall became a novice in 1942

184
00:10:26,859 --> 00:10:29,829
and we know he was at
least still acting in 1996.

185
00:10:29,895 --> 00:10:32,198
- [Rod] Yes, 54 years.

186
00:10:32,264 --> 00:10:34,233
- And there's not a stitch of
paper in his

187
00:10:34,300 --> 00:10:36,369
personnel file that they
initially provided us

188
00:10:36,435 --> 00:10:37,970
that says: he's an abuser,

189
00:10:38,037 --> 00:10:39,839
he has an issue with kids,

190
00:10:39,905 --> 00:10:40,940
he's been in medical treatment
anything.

191
00:10:41,007 --> 00:10:43,943
Nothing, nada.

192
00:10:44,010 --> 00:10:47,980
We're sitting here on the eve of

193
00:10:44,010 --> 00:10:47,980
a trial.

194
00:10:48,047 --> 00:10:49,615
A lot of people after
they've been victimized

195
00:10:49,682 --> 00:10:51,717
especially for multiple
times over multiple years

196
00:10:51,784 --> 00:10:55,254
as children and then lived
a very dysfunctional life.

197
00:10:55,321 --> 00:10:56,555
They don't have that ability to

198
00:10:55,321 --> 00:10:56,555
deal

199
00:10:56,622 --> 00:10:59,625
with the psychological stress.

200
00:10:59,692 --> 00:11:03,195
I think Rod felt that he got
on to this a little late,

201
00:11:03,262 --> 00:11:06,699
wasn't able to participate
in the police prosecution

202
00:11:06,766 --> 00:11:08,934
and so his cross to bear was to

203
00:11:06,766 --> 00:11:08,934
take

204
00:11:09,001 --> 00:11:13,005
this to a public trial.

205
00:11:13,072 --> 00:11:16,208
Rod unlike most victims was in a

206
00:11:13,072 --> 00:11:16,208
situation

207
00:11:16,275 --> 00:11:20,846
financially and psychologically

208
00:11:16,275 --> 00:11:20,846
that he could do that

209
00:11:20,913 --> 00:11:26,585
and not a lot of victims
a lot of survivors can.

210
00:11:26,652 --> 00:11:29,522
When we started sniffing
around they came out

211
00:11:29,588 --> 00:11:32,792
with a confidential memorandum.

212
00:11:32,858 --> 00:11:38,097
Norman Tank priest reports
to Robert Barringer priest.

213
00:11:38,164 --> 00:11:39,999
In the course of our
conversation Father Marshall

214
00:11:40,066 --> 00:11:43,169
volunteered that this was
not the only incident.

215
00:11:43,235 --> 00:11:45,671
His estimation is that there may

216
00:11:43,235 --> 00:11:45,671
have been

217
00:11:45,738 --> 00:11:49,708
around two to three high
school boys per year

218
00:11:49,775 --> 00:11:54,046
from the early 1950s until 1979.

219
00:11:54,113 --> 00:11:56,649
The only note about him is very

220
00:11:54,113 --> 00:11:56,649
pious.

221
00:11:56,715 --> 00:11:59,018
His great interest in
boys makes him neglect

222
00:11:59,085 --> 00:12:00,753
his theological studies.

223
00:12:00,820 --> 00:12:02,254
- [Rod] Yeah, right.

224
00:12:02,321 --> 00:12:06,692
So if the guy that wrote this
knew that he had been caught

225
00:12:06,759 --> 00:12:08,661
abusing a boy he would look
probably be

226
00:12:08,727 --> 00:12:10,763
more concerned about his
great interest in boys right.

227
00:12:10,830 --> 00:12:12,331
- Yeah.

228
00:12:12,398 --> 00:12:14,400
- This goes to show that
either they didn't care

229
00:12:14,467 --> 00:12:17,803
or they didn't pass on the
information.

230
00:12:17,870 --> 00:12:23,309
(dramatic music)

231
00:12:23,375 --> 00:12:25,778
Ladies and gentlemen,
let me begin by first

232
00:12:25,845 --> 00:12:40,493
thanking you for being here
tonight.

233
00:12:40,559 --> 00:12:42,828
I am a lawyer, my name is Rob
Talach.

234
00:12:42,895 --> 00:12:44,597
I represent the plaintiff,

235
00:12:44,663 --> 00:12:48,100
Mr. Rod MacLeod and Rod
as you will soon find out

236
00:12:48,167 --> 00:12:50,102
is suing for something
horrible that happened

237
00:12:50,169 --> 00:12:52,171
to him when he was young.

238
00:12:52,238 --> 00:12:55,741
The sexual abuse of Rod over
many years

239
00:12:55,808 --> 00:12:57,710
when he was an adolescent at the

240
00:12:55,808 --> 00:12:57,710
hands

241
00:12:57,776 --> 00:12:59,879
of Father Hod Marshall.

242
00:12:59,945 --> 00:13:02,915
The only defendant is the
Basilians,

243
00:13:02,982 --> 00:13:05,251
they knew that Marshall was
abusing boys

244
00:13:05,317 --> 00:13:07,319
and they did nothing.

245
00:13:07,386 --> 00:13:11,390
Imagine this they take young
men that wanna be priests,

246
00:13:11,457 --> 00:13:12,625
they train them to be priests,

247
00:13:12,691 --> 00:13:15,394
but they also qualify them as
teachers.

248
00:13:15,461 --> 00:13:17,496
They take an oath of poverty.

249
00:13:17,563 --> 00:13:19,598
They send these priests
out into the world.

250
00:13:19,665 --> 00:13:22,168
And when it comes time
for these Basilian priests

251
00:13:22,234 --> 00:13:26,305
to get their teacher paycheck,
they don't.

252
00:13:26,372 --> 00:13:28,407
All the paychecks, all the money

253
00:13:26,372 --> 00:13:28,407
goes

254
00:13:28,474 --> 00:13:32,912
to headquarters their big
business.

255
00:13:32,978 --> 00:13:38,217
Look we got four years of
abuse over his teenage years.

256
00:13:38,284 --> 00:13:40,986
We've got fondling, we've
got he'd lost his virginity.

257
00:13:41,053 --> 00:13:43,322
He was sodomized at least once.

258
00:13:43,389 --> 00:13:45,591
A priest and a teenage boy.

259
00:13:45,658 --> 00:13:48,694
This is devastating stuff.

260
00:13:48,761 --> 00:13:53,866
You find me many abuse cases
that are worse than this.

261
00:13:53,933 --> 00:13:58,170
Father Marshall did
abuse Roderick MacLeod.

262
00:13:58,237 --> 00:13:59,805
It did happen.

263
00:13:59,872 --> 00:14:02,942
This proceeding is about
determining the damage

264
00:14:03,008 --> 00:14:06,312
and then compensating Mr.
MacLeod for that damage.

265
00:14:06,378 --> 00:14:09,648
In this case the Basilian
Fathers that I represent

266
00:14:09,715 --> 00:14:12,418
accept that damage has been
done.

267
00:14:12,484 --> 00:14:14,820
The crux of this matter
is that the evidence

268
00:14:14,887 --> 00:14:18,390
does not support the degree
of damage that Mr. MacLeod

269
00:14:18,457 --> 00:14:21,427
and his counsel are asserting.

270
00:14:21,493 --> 00:14:24,697
This is not an exceptional

271
00:14:21,493 --> 00:14:24,697
case where Basilian Fathers act

272
00:14:24,763 --> 00:14:26,165
in a malicious, offensive,

273
00:14:26,232 --> 00:14:28,968
or high handed matter toward Mr.

274
00:14:26,232 --> 00:14:28,968
MacLeod.

275
00:14:29,034 --> 00:14:32,004
And consequently there is no
place for punitive damages

276
00:14:32,071 --> 00:14:34,139
against them in this matter.

277
00:14:34,206 --> 00:14:36,475
Thank you.

278
00:14:36,542 --> 00:14:39,845
- [Rod] He'd start by tickling
you and then very quickly

279
00:14:39,912 --> 00:14:44,483
it would become sexual fondling.

280
00:14:44,550 --> 00:14:46,719
- [Rob] Had you had any
sexual interaction with anyone

281
00:14:46,785 --> 00:14:47,586
prior to this?

282
00:14:47,653 --> 00:14:49,121
- No, no.
- Okay.

283
00:14:49,188 --> 00:14:51,624
Does he ever get you to orgasm?

284
00:14:51,690 --> 00:14:52,625
- He does.

285
00:14:52,691 --> 00:14:54,693
- [Rob] Is that your
first sexual experience?

286
00:14:54,760 --> 00:14:55,527
- Yes.

287
00:14:55,594 --> 00:14:58,530
- Okay, and does this carry
on over the grade nine year?

288
00:14:58,597 --> 00:14:59,431
- It does.

289
00:14:59,498 --> 00:15:02,101
- At what frequency or rate?

290
00:15:02,167 --> 00:15:04,603
- It could be as frequent
as three times a week.

291
00:15:04,670 --> 00:15:08,107
But certainly no less than once

292
00:15:04,670 --> 00:15:08,107
a week.

293
00:15:08,173 --> 00:15:11,744
- What were your fears if
someone else had found out?

294
00:15:11,810 --> 00:15:15,881
- Well I believed that, I know,

295
00:15:15,948 --> 00:15:20,419
I was just a kid and here
was a priests so obviously

296
00:15:20,486 --> 00:15:24,189
it'd be my fault and I'd be
expelled.

297
00:15:24,256 --> 00:15:26,191
My parents would probably
not wanna have anything

298
00:15:26,258 --> 00:15:27,293
to do with me

299
00:15:27,359 --> 00:15:31,263
and all of that

300
00:15:31,330 --> 00:15:37,336
Eventually one time it ended up

301
00:15:31,330 --> 00:15:37,336
with him

302
00:15:37,403 --> 00:15:41,073
penetrating me from behind.

303
00:15:41,140 --> 00:15:43,575
- Sodomy?
- Yes.

304
00:15:43,642 --> 00:15:45,277
- [Rob] Looking back
with the wisdom of years

305
00:15:45,344 --> 00:15:47,112
and some psychological guidance.

306
00:15:47,179 --> 00:15:49,181
What is the big effect
that you wanna leave

307
00:15:49,248 --> 00:15:52,518
with these people?

308
00:15:52,584 --> 00:16:03,595
- Well it's just this
overwhelming feeling of

309
00:16:03,662 --> 00:16:08,634
not being worthy.

310
00:16:08,701 --> 00:16:12,104
(sobbing) And even after five
years of working through it

311
00:16:12,171 --> 00:16:21,280
and being aware I still
have not gotten over it.

312
00:16:21,347 --> 00:16:22,147
- I'll end there.

313
00:16:22,214 --> 00:16:23,449
With your permission I'd like to

314
00:16:22,214 --> 00:16:23,449
give them

315
00:16:23,515 --> 00:16:35,427
a couple of minutes.

316
00:16:35,494 --> 00:16:36,261
- [Juror] I was not convinced

317
00:16:36,328 --> 00:16:39,398
that the abuse led him to make
the decisions that he made.

318
00:16:39,465 --> 00:16:40,299
I just was not convinced.

319
00:16:40,366 --> 00:16:43,469
I thought the defense's
arguments were strong.

320
00:16:43,535 --> 00:16:46,338
- It is about is this person in

321
00:16:43,535 --> 00:16:46,338
pain.

322
00:16:46,405 --> 00:16:47,840
Have they suffered?

323
00:16:47,906 --> 00:16:50,142
We just had a gentleman stand up

324
00:16:47,906 --> 00:16:50,142
in a room

325
00:16:50,209 --> 00:16:56,682
with over 15 complete strangers

326
00:16:50,209 --> 00:16:56,682
and completely lose his shit

327
00:16:56,749 --> 00:17:00,018
right in front of us this person

328
00:17:00,085 --> 00:17:04,957
clearly is in pain and
clearly is suffering.

329
00:17:05,023 --> 00:17:05,924
- At no point in time did he
seek

330
00:17:05,991 --> 00:17:07,960
diagnosis from a psychiatrist or

331
00:17:05,991 --> 00:17:07,960
receive

332
00:17:08,026 --> 00:17:11,563
a diagnosis that would
look at PTSD or depression.

333
00:17:11,630 --> 00:17:12,798
- [Juror] The pain and
suffering only really

334
00:17:12,865 --> 00:17:16,168
became apparent as of that
point.

335
00:17:16,235 --> 00:17:18,070
- In the end there is no
question

336
00:17:18,137 --> 00:17:20,406
that the interference that he
experienced

337
00:17:20,472 --> 00:17:22,608
at a young age and the
responsibility

338
00:17:22,674 --> 00:17:24,443
of the defense.

339
00:17:24,510 --> 00:17:25,544
It did.

340
00:17:25,611 --> 00:17:26,545
It was enough.

341
00:17:26,612 --> 00:17:28,914
They do need to be responsible
financially

342
00:17:28,981 --> 00:17:30,082
for that in the end.

343
00:17:30,149 --> 00:17:32,284
- [Juror] He's cheap!

344
00:17:32,351 --> 00:17:35,020
(laughing)

345
00:17:35,087 --> 00:17:37,289
- [Rob] The jury that
started in here, Jason?

346
00:17:37,356 --> 00:17:40,459
Can you present your findings?

347
00:17:40,526 --> 00:17:41,460
- How much do you award

348
00:17:41,527 --> 00:17:42,995
the plaintiff for his pain and
suffering?

349
00:17:43,061 --> 00:17:46,498
And we agreed on 200,000.

350
00:17:46,565 --> 00:17:47,833
Do you award the plaintiff any
money

351
00:17:47,900 --> 00:17:50,302
for the impact of his past
earning capacity, past loss?

352
00:17:50,369 --> 00:17:51,370
And if yes, how much?

353
00:17:51,437 --> 00:17:53,872
We decided a million.

354
00:17:53,939 --> 00:17:55,741
Do you as a group award
the plaintiff any money

355
00:17:55,808 --> 00:17:57,075
for the cost of future
counseling

356
00:17:57,142 --> 00:18:00,379
and medication and 50,000
was what we decided

357
00:18:00,446 --> 00:18:03,048
and for punitive damages for the

358
00:18:00,446 --> 00:18:03,048
conduct

359
00:18:03,115 --> 00:18:04,116
of the Basilians?

360
00:18:04,183 --> 00:18:05,350
We awarded one million.

361
00:18:05,417 --> 00:18:06,952
- [Rob] All right, thank you.

362
00:18:07,019 --> 00:18:26,371
(pensive music)

363
00:18:33,045 --> 00:18:39,585
(ringing)

364
00:18:39,651 --> 00:18:40,953
Hey Rod, how are you?

365
00:18:41,019 --> 00:18:41,720
- [Rod] Good Rob, how are you?

366
00:18:41,787 --> 00:18:42,521
- [Rod] Good Rob, how are you?

367
00:18:42,588 --> 00:18:45,257
- Let me just update you on
some stuff that just occurred.

368
00:18:45,324 --> 00:18:46,125
Ok?

369
00:18:46,191 --> 00:18:47,092
- [Rod] Yeah.

370
00:18:47,159 --> 00:18:49,261
- [Rob] I have heard from Miss
Metzler.

371
00:18:49,328 --> 00:18:51,530
She's pretty polite in
this email trying to keep

372
00:18:51,597 --> 00:18:55,067
the demeanor and the
tone between us conducive

373
00:18:55,133 --> 00:18:57,302
to maybe a settlement talk.

374
00:18:57,369 --> 00:18:58,136
- [Rod] Right.

375
00:18:58,203 --> 00:19:01,306
- So, I tell you that I
guess in partial warning

376
00:19:01,373 --> 00:19:04,109
in preparation that they
may dive into settlement

377
00:19:04,176 --> 00:19:05,978
efforts on Monday and
we'll talk a little bit

378
00:19:06,044 --> 00:19:09,982
about that on the eve of on
Sunday.

379
00:19:10,048 --> 00:19:11,817
And what we wanna do in response

380
00:19:10,048 --> 00:19:11,817
to that.

381
00:19:11,884 --> 00:19:13,619
I mean I understand the simple
position

382
00:19:13,685 --> 00:19:14,853
that you have right now.

383
00:19:14,920 --> 00:19:16,822
And I appreciate it being that
simple

384
00:19:16,889 --> 00:19:20,025
is there is there offer
take it or leave it, right?

385
00:19:20,092 --> 00:19:21,994
- Right.
- Ok.

386
00:19:22,060 --> 00:19:24,029
- [Rod] I hope they leave it.

387
00:19:24,096 --> 00:19:25,597
I don't want them to take it.

388
00:19:25,664 --> 00:19:27,733
- Right, right.

389
00:19:27,799 --> 00:19:30,235
And I've warned you previously
that this is their style,

390
00:19:30,302 --> 00:19:31,770
to drag the client or the victim

391
00:19:31,837 --> 00:19:35,374
through years of litigation,
make the lawyers do everything

392
00:19:35,440 --> 00:19:37,075
and you do everything

393
00:19:37,142 --> 00:19:41,146
and then show up with a
checkbook on Monday morning.

394
00:19:41,213 --> 00:19:45,384
Ok, so subject any questions I'm

395
00:19:41,213 --> 00:19:45,384
gonna get

396
00:19:45,450 --> 00:19:46,885
back at it.

397
00:19:46,952 --> 00:19:48,954
- [Rod] Ok, sounds good.

398
00:19:59,464 --> 00:20:03,869
(somber music)

399
00:20:03,936 --> 00:20:05,871
When the trial is done so I
could end up

400
00:20:05,938 --> 00:20:08,040
actually owing money.

401
00:20:08,106 --> 00:20:13,445
A big bill that I'll have to
pay for the rest of my life.

402
00:20:13,512 --> 00:20:19,585
It's a very real danger
that exists out there.

403
00:20:19,651 --> 00:20:23,088
That can shake you right to the

404
00:20:19,651 --> 00:20:23,088
bone,

405
00:20:23,155 --> 00:20:27,125
but I try to just focus
on my brothers who went

406
00:20:27,192 --> 00:20:30,696
through the same thing that I
have.

407
00:21:26,551 --> 00:21:30,055
- I work in finance, and
costing, and accounting over

408
00:21:30,122 --> 00:21:31,289
the course of my career.

409
00:21:31,356 --> 00:21:34,426
And if you ask my family they
would quite

410
00:21:34,493 --> 00:21:37,396
succinctly say I love numbers.

411
00:21:37,462 --> 00:21:41,099
I tend to analyze things
in that manner from

412
00:21:41,166 --> 00:21:45,103
a numeric perspective a
dollar and cents perspective.

413
00:21:45,170 --> 00:21:47,105
And it works for many things.

414
00:21:47,172 --> 00:21:58,850
It doesn't work for sexual
abuse.

415
00:21:58,917 --> 00:22:02,254
I have spent most of my life
blending

416
00:22:02,320 --> 00:22:07,526
into the background.

417
00:22:07,592 --> 00:22:08,760
When I'm not doing that?

418
00:22:08,827 --> 00:22:14,766
When I'm standing up and being
heard.

419
00:22:14,833 --> 00:22:17,936
I am pushing myself with
everything I have to be there

420
00:22:18,003 --> 00:22:25,811
and I'm doing it because
it's the right thing to do.

421
00:22:25,877 --> 00:22:32,951
It all begins for me
really before I was born.

422
00:22:33,018 --> 00:22:36,254
Marshall was part of
the family almost like

423
00:22:36,321 --> 00:22:40,192
the family pastor.

424
00:22:40,258 --> 00:22:42,627
He would often stay at our
house.

425
00:22:42,694 --> 00:22:48,300
He was certainly welcome in
our house anytime he wanted

426
00:22:48,366 --> 00:22:51,636
and having a priest staying in
the house

427
00:22:51,703 --> 00:22:54,439
was an honor to my family,

428
00:22:54,506 --> 00:22:59,111
I guess that was probably
how they looked at it.

429
00:22:59,177 --> 00:23:01,113
He abused me in my own home,

430
00:23:01,179 --> 00:23:05,350
in my bed and it just
happened that my bedroom

431
00:23:05,417 --> 00:23:10,122
was the one that abutted
my parents our beds

432
00:23:10,188 --> 00:23:12,224
shared opposite sides of the
same wall.

433
00:23:12,290 --> 00:23:18,163
And he was there in the
night in my bed with me.

434
00:23:18,230 --> 00:23:20,732
As an adult I look back
now and say all I had

435
00:23:20,799 --> 00:23:24,402
to do was knock on that wall.

436
00:23:24,469 --> 00:23:27,405
And my parents would
have been coming in there

437
00:23:27,472 --> 00:23:33,912
right in a hurry.

438
00:23:33,979 --> 00:23:39,117
I struggled for many years
as to why I didn't do that

439
00:23:39,184 --> 00:23:45,891
and I felt a lot guilt about
that.

440
00:23:45,957 --> 00:23:53,565
I kept it to myself for a very
long time.

441
00:23:53,632 --> 00:23:58,470
A big part of my life was just

442
00:23:58,537 --> 00:24:01,573
wishing I could

443
00:24:01,640 --> 00:24:05,010
disappear off the face of the
earth.

444
00:24:05,076 --> 00:24:23,762
(somber music)

445
00:24:23,829 --> 00:24:25,564
- In previous years I had
followed

446
00:24:25,630 --> 00:24:29,234
the criminal trial of Father
Marshall and Patrick McMahon,

447
00:24:29,301 --> 00:24:32,404
of course, was a huge part of
that case.

448
00:24:32,470 --> 00:24:34,806
He was the first one to
lay a criminal complaint

449
00:24:34,873 --> 00:24:37,375
in decades against this priest.

450
00:24:37,442 --> 00:24:40,579
So when Rod's case came to
Toronto.

451
00:24:40,645 --> 00:24:42,881
He said, Patrick phoned
me up and said here's

452
00:24:42,948 --> 00:24:44,249
a case you might wanna follow.

453
00:24:44,316 --> 00:24:56,661
And I thought, I'm gonna be
there.

454
00:24:56,728 --> 00:25:01,199
- Attending the trial was
never a question for me.

455
00:25:01,266 --> 00:25:07,772
I wouldn't have missed
it for anything really.

456
00:25:07,839 --> 00:25:13,044
My objective was the exposure of

457
00:25:13,111 --> 00:25:14,246
his enablers

458
00:25:14,312 --> 00:25:18,750
in the church and that
is the bigger issue,

459
00:25:18,817 --> 00:25:32,030
that is the truly the bigger
crime.

460
00:25:32,097 --> 00:25:34,933
- [Rob] So we're set to
start a jury trial in Toronto

461
00:25:35,000 --> 00:25:41,539
which should run between
three and four weeks.

462
00:25:41,606 --> 00:25:44,409
This civil setting allows
the victim, the client,

463
00:25:44,476 --> 00:25:47,445
to control the process
and allows them to say

464
00:25:47,512 --> 00:25:52,117
how far it's gonna go, how
intense it's going to be.

465
00:25:52,183 --> 00:25:55,387
And that is extremely
satisfying and cathartic

466
00:25:55,453 --> 00:25:59,124
for a lot of my clients.

467
00:25:59,190 --> 00:26:03,895
And I like to think that
you know it is even more so

468
00:26:03,962 --> 00:26:13,405
than the money they ultimately
receive.

469
00:26:13,471 --> 00:26:14,773
- I'm actually quite surprised

470
00:26:14,839 --> 00:26:16,841
that with what seems to be
coming out more

471
00:26:16,908 --> 00:26:20,078
and more with the church
scandals is that there's

472
00:26:20,145 --> 00:26:22,948
not more of a flood of them.

473
00:26:23,014 --> 00:26:27,252
There still seems to be a
lot of this under wraps.

474
00:26:27,319 --> 00:26:30,956
I had expected at some point
the lid would blow off.

475
00:26:31,022 --> 00:26:33,658
That hasn't happened here and I

476
00:26:31,022 --> 00:26:33,658
find that

477
00:26:33,725 --> 00:26:36,394
a little surprising that
maybe because there have been

478
00:26:36,461 --> 00:26:40,031
so many settlements with
non-disclosure agreements

479
00:26:40,098 --> 00:26:45,070
as part of them.

480
00:26:45,136 --> 00:26:49,975
- [Rob] Is this the courthouse
that the pre trials are in?

481
00:26:50,041 --> 00:26:51,276
Though the tactical advantage

482
00:26:51,343 --> 00:26:54,546
of me having to go first is
that I get the reply, right?

483
00:26:54,612 --> 00:26:55,680
- [Aaron] But, we have no idea

484
00:26:55,747 --> 00:26:57,482
what their argument is going to

485
00:26:55,747 --> 00:26:57,482
be.

486
00:26:57,549 --> 00:27:01,286
- [Rob] Right, right.

487
00:27:01,353 --> 00:27:03,121
- [Aaron] And the judge might
just take

488
00:27:03,188 --> 00:27:06,992
control of the whole process
and start firing questions

489
00:27:07,058 --> 00:27:10,228
- Right.

490
00:27:10,295 --> 00:27:20,772
(somber music)

491
00:27:20,839 --> 00:27:22,640
Well I think the first shocking

492
00:27:20,839 --> 00:27:22,640
impression

493
00:27:22,707 --> 00:27:25,543
is when you walk into this
courtroom it is small.

494
00:27:25,610 --> 00:27:29,781
I mean it's the size of a
high school classroom really.

495
00:27:29,848 --> 00:27:32,851
The judge is slightly
elevated in the center

496
00:27:32,917 --> 00:27:34,386
of the far end of the
courtroom he's not on

497
00:27:34,452 --> 00:27:39,791
this massive pedestal like you
picture in Hollywood movies.

498
00:27:39,858 --> 00:27:40,859
The judge for the trial

499
00:27:40,925 --> 00:27:44,095
was his honorable Justice Arthur

500
00:27:40,925 --> 00:27:44,095
Gans.

501
00:27:44,162 --> 00:27:48,233
Who is someone I immediately
Googled when I got his name

502
00:27:48,299 --> 00:27:54,305
and he's a colorful
character, very outspoken.

503
00:27:54,372 --> 00:27:57,575
- The jury was a mix of male and

504
00:27:54,372 --> 00:27:57,575
female;

505
00:27:57,642 --> 00:28:00,145
more females than males.

506
00:28:00,211 --> 00:28:04,682
There was a good mixture
of ages although more on

507
00:28:04,749 --> 00:28:09,721
the high side than the low side.

508
00:28:09,788 --> 00:28:14,559
- The lead defense
lawyer is Susan Metzler.

509
00:28:14,626 --> 00:28:17,796
Where Susan and I differ
you know I think her

510
00:28:17,862 --> 00:28:20,231
specialty if I can call it that

511
00:28:17,862 --> 00:28:20,231
is defense

512
00:28:20,298 --> 00:28:22,233
of Catholic churches and
entities.

513
00:28:22,300 --> 00:28:26,571
So we see her on a lot of files

514
00:28:22,300 --> 00:28:26,571
across the country frankly.

515
00:28:26,638 --> 00:28:28,807
You know the joke is
you know who's Superman

516
00:28:28,873 --> 00:28:29,874
and who's Lex Luthor?

517
00:28:29,941 --> 00:28:30,000
We each have different opinions

518
00:28:29,941 --> 00:28:30,000
on that.

519
00:28:30,000 --> 00:28:31,509
We each have different opinions

520
00:28:30,000 --> 00:28:31,509
on that.

521
00:28:31,576 --> 00:28:34,879
But, yeah I know Susan well.

522
00:28:34,946 --> 00:28:40,285
- [Rod] And then behind
all of us was the gallery.

523
00:28:40,351 --> 00:28:43,888
- I kind of had this emotional
thing going on of the day

524
00:28:43,955 --> 00:28:46,191
has finally arrived I'm here.

525
00:28:46,257 --> 00:28:49,894
There they are in court
answering for their crimes,

526
00:28:49,961 --> 00:28:54,699
even though I'm only here as a
observer.

527
00:28:54,766 --> 00:28:57,268
The defense side had their two
lawyers

528
00:28:57,335 --> 00:29:01,806
and the church representative.

529
00:29:01,873 --> 00:29:05,110
- I felt like I was in a tomb.

530
00:29:05,176 --> 00:29:07,645
I was very much aware of
the fact that there were

531
00:29:07,712 --> 00:29:11,149
a lot of eyes watching
me to see how I was going

532
00:29:11,216 --> 00:29:13,818
to respond to anything that was

533
00:29:11,216 --> 00:29:13,818
being said

534
00:29:13,885 --> 00:29:16,121
or anything that was being done.

535
00:29:16,187 --> 00:29:21,493
It was pretty heavy duty
experience.

536
00:29:21,559 --> 00:29:22,594
- We had already met,

537
00:29:22,660 --> 00:29:25,096
he greeted me by name.

538
00:29:25,163 --> 00:29:30,935
I knew Susan Metzler having
dealt with her in my own suit.

539
00:29:31,002 --> 00:29:34,239
When they say: Hello Patrick,
how are you?

540
00:29:34,305 --> 00:29:36,774
I wanna say well I'm terrible.

541
00:29:36,841 --> 00:29:38,810
I was sexually assaulted
as a child and I had

542
00:29:38,877 --> 00:29:41,012
to spend years fighting you two.

543
00:29:41,079 --> 00:29:42,247
You wanna know how I am?

544
00:29:42,313 --> 00:29:43,948
Come to my house sometime and
we'll spend

545
00:29:44,015 --> 00:29:46,184
five hours talking about it.

546
00:29:46,251 --> 00:29:52,457
But, instead I said I'm fine,
how are you?

547
00:29:52,524 --> 00:29:54,659
- Ladies and gentlemen,
firstly let me thank you

548
00:29:54,726 --> 00:29:58,196
for being here today.

549
00:29:58,263 --> 00:30:02,133
You are about to hear the real
life story of Rod MacLeod.

550
00:30:02,200 --> 00:30:05,904
Of his 68 years, his
triumphs and his tragedies

551
00:30:05,970 --> 00:30:09,541
of his time here on this planet.

552
00:30:09,607 --> 00:30:11,809
And in order to do that,
he will at times have

553
00:30:11,876 --> 00:30:14,145
to bare all on this stand.

554
00:30:14,212 --> 00:30:17,348
And you may feel that he is on
trial.

555
00:30:17,415 --> 00:30:18,716
But, he is not.

556
00:30:18,783 --> 00:30:20,685
He is the plaintiff.

557
00:30:20,752 --> 00:30:22,387
It is the defendants that are on

558
00:30:20,752 --> 00:30:22,387
trial

559
00:30:22,453 --> 00:30:29,727
for the conduct of Father
Marshall and themselves.

560
00:30:29,794 --> 00:30:33,164
Well my opening statement
was designed to set

561
00:30:33,231 --> 00:30:36,935
a theme to the trial, which
a good opening should.

562
00:30:37,001 --> 00:30:40,939
It was to introduce them to
Rod and Rod's story life.

563
00:30:41,005 --> 00:30:43,675
And it was also frankly
to get them a little

564
00:30:43,741 --> 00:30:46,644
irritated early on about
what the Basilian fathers

565
00:30:46,711 --> 00:30:49,948
did and didn't do in this case.

566
00:30:50,014 --> 00:30:52,717
Marshall was like a toxic barrel

567
00:30:50,014 --> 00:30:52,717
of waste

568
00:30:52,784 --> 00:30:55,720
and every time he abused
that barrel leaked.

569
00:30:55,787 --> 00:30:57,689
And every time there was
a complaint the Basilians

570
00:30:57,755 --> 00:31:00,258
were alerted to the fact
that the barrel was leaking.

571
00:31:00,325 --> 00:31:01,893
And the reaction was simply to
move it

572
00:31:01,960 --> 00:31:04,963
to another community and not
tell that other community

573
00:31:05,029 --> 00:31:08,833
that it was a leaky barrel.

574
00:31:08,900 --> 00:31:12,003
- The experience of
listening to Mr. Talach

575
00:31:12,070 --> 00:31:17,976
describe Hod Marshall as a
leaking barrel of toxic waste.

576
00:31:18,042 --> 00:31:22,413
My initial impulse remember
I was in the military.

577
00:31:22,480 --> 00:31:26,551
My initial impulse was to tackle

578
00:31:22,480 --> 00:31:26,551
him down

579
00:31:26,618 --> 00:31:30,355
onto the ground and throttle
him.

580
00:31:30,421 --> 00:31:32,657
But it was it was an awful
moment.

581
00:31:32,724 --> 00:31:37,629
Because, yes he did awful
terrible things.

582
00:31:37,695 --> 00:31:41,532
But we have to always
remember that he was also

583
00:31:41,599 --> 00:31:47,672
someone who was suffering
from a terrible disease

584
00:31:47,739 --> 00:31:51,075
that we didn't know about
at the time that he was

585
00:31:51,142 --> 00:31:55,580
doing the stuff that he
was doing to young people.

586
00:31:55,647 --> 00:32:05,590
He's a pedophile and a very
good pedophile at that.

587
00:32:05,657 --> 00:32:08,159
- I don't like talking about it.

588
00:32:08,226 --> 00:32:14,032
But, people need to know the
truth.

589
00:32:14,098 --> 00:32:19,470
I didn't know where to start.

590
00:32:19,537 --> 00:32:26,311
All I know is I wanted
to see some justice done.

591
00:32:26,377 --> 00:32:28,846
It was just, what I had to.

592
00:32:28,913 --> 00:32:39,924
(somber music)

593
00:32:51,703 --> 00:32:53,204
Good morning.

594
00:33:29,340 --> 00:33:33,678
You know like the lone
wolf howling at the moon.

595
00:33:33,745 --> 00:33:36,748
Nobody listening.

596
00:33:50,328 --> 00:33:53,664
- He might say look,
I got it Miss. Metzler

597
00:33:53,731 --> 00:33:55,700
In the face of this law,
what are you relying on?

598
00:33:55,767 --> 00:34:01,205
I think that's probably what
will happen.

599
00:34:01,272 --> 00:34:06,077
Rod was our first witness
which is the norm.

600
00:34:06,144 --> 00:34:08,546
And we took a lot of time
with Rod because I wanted

601
00:34:08,613 --> 00:34:10,915
the jurors to reach a conclusion

602
00:34:10,982 --> 00:34:13,951
and understanding about Rod
before the defense got in

603
00:34:14,018 --> 00:34:15,720
there and tried to poke
holes in it through

604
00:34:15,787 --> 00:34:21,125
the cross-examination.

605
00:34:21,192 --> 00:34:26,431
- Well the most difficult part
is going over the details.

606
00:34:26,497 --> 00:34:29,367
For 55 years, I had buried it

607
00:34:29,434 --> 00:34:34,405
and had not spent any time
whatsoever

608
00:34:34,472 --> 00:34:37,942
thinking about it to the
very best of my ability.

609
00:34:38,009 --> 00:34:41,145
It was extremely difficult.

610
00:34:41,212 --> 00:34:47,618
The only way that I could do
it was I had promised myself

611
00:34:47,685 --> 00:34:50,188
that if I was going to trial
that I

612
00:34:50,254 --> 00:34:51,622
wasn't going to leave anything
out.

613
00:34:51,689 --> 00:34:56,194
That I was going to try
and purge myself 100%

614
00:34:56,260 --> 00:34:58,196
of everything that had happened.

615
00:34:58,262 --> 00:35:03,701
By going into the memory
and speaking it out.

616
00:35:03,768 --> 00:35:08,706
Hoping that that would
help to finally start

617
00:35:08,773 --> 00:35:10,374
to heal the wounds.

618
00:35:10,441 --> 00:35:16,747
(somber music)

619
00:35:16,814 --> 00:35:18,149
- It goes without saying it's
difficult

620
00:35:18,216 --> 00:35:20,551
because he's telling the story
of his life

621
00:35:20,618 --> 00:35:23,788
and we're drilling down
into the intimate details.

622
00:35:23,855 --> 00:35:28,059
His sexual history, all
the failures, financial,

623
00:35:28,125 --> 00:35:31,028
personal, everything that
hasn't worked out for him,

624
00:35:31,095 --> 00:35:32,864
we have to touch on because that

625
00:35:31,095 --> 00:35:32,864
goes

626
00:35:32,930 --> 00:35:34,465
to the effect and the damages.

627
00:35:34,532 --> 00:35:38,035
So, I mean it's difficult
for anyone to sit there

628
00:35:38,102 --> 00:35:41,138
and talk about their
failings for two days.

629
00:35:41,205 --> 00:35:43,241
But, it's especially
difficult for a victim

630
00:35:43,307 --> 00:35:48,079
of sexual abuse to do it.

631
00:35:48,145 --> 00:35:49,180
- Father Katulski was watching

632
00:35:49,247 --> 00:35:53,417
very intently he was observing
everything

633
00:35:53,484 --> 00:35:57,588
and talking to his counsel.

634
00:35:57,655 --> 00:36:00,091
This was important because it
would appear

635
00:36:00,157 --> 00:36:05,530
that the Basilians were going
to accept some of the abuse

636
00:36:05,596 --> 00:36:09,567
that had happened to Rod
MacLeod.

637
00:36:09,634 --> 00:36:13,704
- Listening to Rod's story just

638
00:36:09,634 --> 00:36:13,704
moves me

639
00:36:13,771 --> 00:36:17,708
to a profound sense of sadness
inside of myself that it

640
00:36:17,775 --> 00:36:19,243
even had to happen.

641
00:36:19,310 --> 00:36:23,848
Because it shouldn't have
happened.

642
00:36:23,915 --> 00:36:26,651
- [Rod] It made me feel
much more empathetic

643
00:36:26,717 --> 00:36:30,021
towards rape victims.

644
00:36:30,087 --> 00:36:35,660
The victims are too often
subjugated to innuendo

645
00:36:35,726 --> 00:36:37,962
and to all kinds of

646
00:36:38,029 --> 00:36:42,967
very hurtful painful
experiences.

647
00:36:43,034 --> 00:36:47,038
The victims just end up
being victimized even more

648
00:36:47,104 --> 00:36:51,175
by the justice system.

649
00:36:51,242 --> 00:36:59,250
- Did I believe all of Rod's
testimony?

650
00:36:59,317 --> 00:37:02,086
To the best as any
human person can without

651
00:37:02,153 --> 00:37:08,092
knowing everything and
having been there themselves.

652
00:37:08,159 --> 00:37:10,661
He was credible, yes.

653
00:37:31,282 --> 00:37:33,517
- So there's an offer on
the table as you know.

654
00:37:33,584 --> 00:37:34,919
It's substantial.

655
00:37:34,986 --> 00:37:36,954
You wanna take it and be done?

656
00:37:37,021 --> 00:37:38,856
Or do you wanna go on?

657
00:37:38,923 --> 00:37:41,392
My recommendation is to proceed.

658
00:37:41,459 --> 00:37:42,360
Aaron?

659
00:37:42,426 --> 00:37:43,561
- It's a good offer,

660
00:37:43,628 --> 00:37:46,597
but at some level it's
a personal decision.

661
00:37:46,664 --> 00:37:48,099
You've had our advice.

662
00:37:48,165 --> 00:37:50,601
That's a decision you're
gonna have to make.

663
00:37:50,668 --> 00:37:54,305
- Well you see the problem
is that if I accept it,

664
00:37:54,372 --> 00:37:59,176
I'd live to the end of my days
thinking

665
00:37:59,243 --> 00:38:01,045
why the hell did I do that.

666
00:38:01,112 --> 00:38:04,382
- The church can't understand
somebody who

667
00:38:04,448 --> 00:38:08,519
isn't about the money
because all they're about

668
00:38:08,586 --> 00:38:09,754
is the money.

669
00:38:09,820 --> 00:38:12,757
And I think the proof is
if you took a priest like

670
00:38:12,823 --> 00:38:16,127
Marshall and he was the bursar
and he went

671
00:38:16,193 --> 00:38:20,097
to Rochester stole all
the new building fund,

672
00:38:20,164 --> 00:38:22,099
would they have simply
just moved him to Toronto

673
00:38:22,166 --> 00:38:24,502
and put him in charge of
the bursary for St. Mike's

674
00:38:24,568 --> 00:38:26,270
and he steals all of that.

675
00:38:26,337 --> 00:38:28,406
And then when they have simply
moved him

676
00:38:28,472 --> 00:38:31,042
to Assumption where he
becomes the bursar again

677
00:38:31,108 --> 00:38:33,344
and steals all the money
would they put him in

678
00:38:33,411 --> 00:38:34,879
as a bursar again?

679
00:38:34,945 --> 00:38:37,214
Would they even keep him as a
priest?

680
00:38:37,281 --> 00:38:38,616
- [Aaron] No!

681
00:38:38,683 --> 00:38:42,420
- So I think the fact that
it isn't about the money

682
00:38:42,486 --> 00:38:44,121
they just can't grasp that and
they

683
00:38:44,188 --> 00:38:46,557
think at some point they're
gonna be able

684
00:38:46,624 --> 00:38:50,061
to put sufficient pieces
of silver in your hand

685
00:38:50,127 --> 00:38:52,396
because they do view as Judas

686
00:38:52,463 --> 00:38:54,598
and that you're gonna close your

687
00:38:52,463 --> 00:38:54,598
fist

688
00:38:54,665 --> 00:38:59,970
on that walk out the door
and everything's good again.

689
00:39:00,037 --> 00:39:01,605
I think the fact that they don't

690
00:39:00,037 --> 00:39:01,605
know who

691
00:39:01,672 --> 00:39:05,543
they're dealing with is
our greatest strength.

692
00:39:05,609 --> 00:39:09,480
- I wanna go on.

693
00:39:09,547 --> 00:39:12,316
- So to put the million
dollar offer in perspective,

694
00:39:12,383 --> 00:39:13,851
it's about three to four times
what

695
00:39:13,918 --> 00:39:17,054
the average good case settles
for.

696
00:39:17,121 --> 00:39:20,691
I do what my client says and
there was,

697
00:39:20,758 --> 00:39:24,762
I had two emotions one was wow,

698
00:39:24,829 --> 00:39:28,899
we really better do well here.

699
00:39:28,966 --> 00:39:30,000
But the second one was kind of,

700
00:39:28,966 --> 00:39:30,000
yes!

701
00:39:30,000 --> 00:39:32,269
But the second one was kind of,

702
00:39:30,000 --> 00:39:32,269
yes!

703
00:39:32,336 --> 00:39:35,005
We're gonna be able to finish
this we're gonna be able

704
00:39:35,072 --> 00:39:37,842
to get a verdict and we're
not gonna have something

705
00:39:37,908 --> 00:39:39,910
where the church can just buy us

706
00:39:39,977 --> 00:39:41,445
out at the 11th hour.

707
00:39:41,512 --> 00:39:44,248
To have a client like Rod
that says damn the torpedoes.

708
00:39:44,315 --> 00:39:55,659
Let's take this to the
end, was very encouraging.

709
00:39:55,726 --> 00:39:59,096
- There are many things that the

710
00:39:55,726 --> 00:39:59,096
church

711
00:39:59,163 --> 00:40:04,668
can do so much better in this
area.

712
00:40:04,735 --> 00:40:07,738
What about the bishops,
cardinals,

713
00:40:07,805 --> 00:40:12,243
fellow priests who knew?

714
00:40:12,309 --> 00:40:17,815
I don't see these people
being called to account.

715
00:40:17,882 --> 00:40:19,150
Who's being kicked out of the
church,

716
00:40:19,216 --> 00:40:23,788
defrocked, and cut off
all ties from the church

717
00:40:23,854 --> 00:40:28,092
because they moved an abuser
around?

718
00:40:28,159 --> 00:40:35,499
I don't see that happening.

719
00:40:35,566 --> 00:40:38,135
Our Lady of Mount Carmel.

720
00:40:38,202 --> 00:40:42,206
Pray for me.

721
00:40:42,273 --> 00:40:43,174
Don't talk to the victims.

722
00:40:43,240 --> 00:40:51,415
Don't want know.

723
00:40:51,482 --> 00:40:59,123
Apparently, I am no one's
brother.

724
00:40:59,190 --> 00:41:00,524
- Are you the fellow who
was in the paper, right?

725
00:41:00,591 --> 00:41:02,793
- [Patrick] Good morning,
I've been in the paper.

726
00:41:02,860 --> 00:41:05,129
- It makes me sick because I
know,

727
00:41:05,196 --> 00:41:09,366
like I knew Marshall and
I knew Father Campbell

728
00:41:09,433 --> 00:41:10,601
was another one.

729
00:41:10,668 --> 00:41:14,772
- [Patrick] Yep, just more
than more than we can count.

730
00:41:14,839 --> 00:41:18,309
The justice I wanted was
I wanted it to be known

731
00:41:18,375 --> 00:41:20,544
who he was and what he did and I

732
00:41:18,375 --> 00:41:20,544
did.

733
00:41:20,611 --> 00:41:23,047
I was the first person to
have charges laid against him.

734
00:41:23,113 --> 00:41:26,584
He went to jail, for 19 victims.

735
00:41:26,650 --> 00:41:28,485
- Wow.

736
00:41:28,552 --> 00:41:30,554
- [Patrick] Oh that was
just a small portion

737
00:41:30,621 --> 00:41:33,257
he abused for 50 years.

738
00:41:33,324 --> 00:41:36,293
And he went to jail for
18 months for 19 victims.

739
00:41:36,360 --> 00:41:38,395
So that was three weeks

740
00:41:38,462 --> 00:41:39,263
he served for me.
- How old was he when

741
00:41:39,330 --> 00:41:41,398
he went to jail?

742
00:41:41,465 --> 00:41:43,467
- [Patrick] Late 70s I'm gonna
say.

743
00:41:43,534 --> 00:41:45,069
He had his whole life.

744
00:41:45,135 --> 00:41:46,937
He abused children and moved on

745
00:41:45,135 --> 00:41:46,937
from city

746
00:41:47,004 --> 00:41:48,505
to city and school to school.

747
00:41:48,572 --> 00:41:49,607
Every time he did it.

748
00:41:49,673 --> 00:41:50,841
They moved him again.

749
00:41:50,908 --> 00:41:52,610
- [Woman] You know what you're
gonna do?

750
00:41:52,676 --> 00:41:53,978
They're going to pay out
millions and millions

751
00:41:54,044 --> 00:41:55,613
of dollars and then
they're going to come to us

752
00:41:55,679 --> 00:41:57,414
'cause they need more money.

753
00:41:57,481 --> 00:42:00,017
- [Patrick] They just settled
with the insurance company

754
00:42:00,084 --> 00:42:03,053
for millions, but the
amount is confidential.

755
00:42:03,120 --> 00:42:05,155
So you give them your
money and they decide

756
00:42:05,222 --> 00:42:08,025
what to do with it and
they won't tell you that.

757
00:42:08,092 --> 00:42:11,028
- [Woman] Something has
finally got to be done.

758
00:42:11,095 --> 00:42:15,065
If nobody went to church
any more for a few weeks.

759
00:42:15,132 --> 00:42:16,734
That would do it.

760
00:42:16,800 --> 00:42:17,568
- [Patrick] You have a good day.

761
00:42:17,635 --> 00:42:19,236
Thank you for speaking with me.

762
00:42:19,303 --> 00:42:21,906
- [Woman] Thank you.

763
00:42:21,972 --> 00:42:26,043
- So part of the story of
Rod MacLeod is the story

764
00:42:26,110 --> 00:42:28,612
of Father Marshall before Rod.

765
00:42:28,679 --> 00:42:31,615
So we had attempted to
bring in some walking,

766
00:42:31,682 --> 00:42:34,051
talking, living victims
of Father Marshall from

767
00:42:34,118 --> 00:42:37,454
the decades before Rod
and specifically ones

768
00:42:37,521 --> 00:42:39,690
that had reported Marshall.

769
00:42:39,757 --> 00:42:43,260
(somber music)

770
00:42:43,327 --> 00:42:48,699
- Walking into the courtroom
made me ill at ease.

771
00:42:48,766 --> 00:42:51,502
Reliving in my own mind the
experience

772
00:42:51,568 --> 00:42:56,407
of Marshall assaulting
me was very unnerving.

773
00:42:56,473 --> 00:42:58,842
It was, it was painful.

774
00:42:58,909 --> 00:43:01,011
It was hard to do.

775
00:43:01,078 --> 00:43:07,217
It's hard to hold your emotions

776
00:43:01,078 --> 00:43:07,217
back when you describe it.

777
00:43:07,284 --> 00:43:10,220
- The day I walked in
to Rod MacLeod's trial

778
00:43:10,287 --> 00:43:13,724
I wasn't intimidated whatsoever.

779
00:43:13,791 --> 00:43:17,361
I've been there before in a
trial venue.

780
00:43:17,428 --> 00:43:21,732
So I spoke the truth and
that's what I basically

781
00:43:21,799 --> 00:43:24,668
always have said
regarding Father Marshall.

782
00:43:24,735 --> 00:43:26,170
There's nothing, no pretenses,

783
00:43:26,236 --> 00:43:28,639
nothing to be shy or afraid of.

784
00:43:28,706 --> 00:43:31,775
So, I spoke my mind freely.

785
00:43:31,842 --> 00:43:33,978
- There was no personal,
financial,

786
00:43:34,044 --> 00:43:36,313
or any other incentive
to be there other than

787
00:43:36,380 --> 00:43:38,782
to expose the church
for what they really are

788
00:43:38,849 --> 00:43:41,151
and what they've done
to me and other victims

789
00:43:41,218 --> 00:43:50,260
of Marshall and others.

790
00:43:50,327 --> 00:43:51,328
- The abuse with Father Marshall

791
00:43:51,395 --> 00:43:54,832
started late October 1969.

792
00:43:54,898 --> 00:44:00,270
(somber music)

793
00:44:00,337 --> 00:44:06,210
Father Marshall asked
me to remove my shorts.

794
00:44:06,276 --> 00:44:09,880
I was afraid.

795
00:44:09,947 --> 00:44:15,085
As I lowered my shorts he came
up to me, grabbed my penis.

796
00:44:15,152 --> 00:44:17,955
He whispered in my ear
and he gritted his teeth.

797
00:44:18,022 --> 00:44:19,656
That smile of his.

798
00:44:19,723 --> 00:44:22,626
If I tell anybody, I
will be going to hell,

799
00:44:22,693 --> 00:44:37,474
he whispered in my ear.

800
00:44:37,541 --> 00:44:39,376
- He stopped me in the hallway

801
00:44:39,443 --> 00:44:43,914
and brought me into an
empty classroom and he began

802
00:44:43,981 --> 00:44:46,917
to assault me there by
putting his arms around me.

803
00:44:46,984 --> 00:44:50,054
Pinning my arms down and
then putting his hands

804
00:44:50,120 --> 00:44:53,490
inside my clothing to fondle.

805
00:44:53,557 --> 00:44:56,794
A priest opened the door,
walked in, turned around,

806
00:44:56,860 --> 00:44:58,929
and said excuse me, walked out
again.

807
00:44:58,996 --> 00:45:04,768
He could see exactly
what Marshall was doing.

808
00:45:04,835 --> 00:45:07,504
He used to bring me back
to his room and refer

809
00:45:07,571 --> 00:45:11,909
to it as a workout.

810
00:45:11,975 --> 00:45:14,144
He was assaulting me in his
bedroom

811
00:45:14,211 --> 00:45:17,214
when another priest walked
in and had somebody with him

812
00:45:17,281 --> 00:45:23,587
and said, "Oh this room is
busy."

813
00:45:23,654 --> 00:45:26,090
The attorney for the Basilian
say that:

814
00:45:26,156 --> 00:45:30,000
"Is it possible that they didn't

815
00:45:26,156 --> 00:45:30,000
see you?"

816
00:45:30,000 --> 00:45:31,528
"Is it possible that they didn't

817
00:45:30,000 --> 00:45:31,528
see you?"

818
00:45:31,595 --> 00:45:33,163
Ya, bastard.

819
00:45:33,230 --> 00:45:41,171
I said only if they had their
eyes closed.

820
00:45:41,238 --> 00:45:42,439
- I asked my parents to sit down

821
00:45:42,506 --> 00:45:47,811
at the kitchen table and
I told them what happened.

822
00:45:47,878 --> 00:45:52,683
So my father came after school
about 3:10.

823
00:45:52,749 --> 00:45:54,651
My father couldn't
speak English that well,

824
00:45:54,718 --> 00:45:58,622
but he says my son says
Father Marshall touched him

825
00:45:58,689 --> 00:46:01,258
in a inappropriate way.

826
00:46:01,325 --> 00:46:04,561
And Father Rococo sort of
laughed,

827
00:46:04,628 --> 00:46:06,263
"And your son I've
talked to Ted's teachers,

828
00:46:06,330 --> 00:46:10,501
"He's a good student but
he tends to exaggerate.

829
00:46:10,567 --> 00:46:15,339
"He has a very vivid
imagination."

830
00:46:15,405 --> 00:46:17,341
- I was looking for help.

831
00:46:17,407 --> 00:46:19,576
Hard to find.

832
00:46:19,643 --> 00:46:23,547
Well I went into confession
at Sacred Heart Church.

833
00:46:23,614 --> 00:46:27,518
I didn't come out with the

834
00:46:23,614 --> 00:46:27,518
normal ritual of bless me Father

835
00:46:27,584 --> 00:46:28,352
and all that.

836
00:46:28,418 --> 00:46:31,021
I said I have I have a problem.

837
00:46:31,088 --> 00:46:32,089
And I did not describe it.

838
00:46:32,156 --> 00:46:34,024
And he said: "What is it?"

839
00:46:34,091 --> 00:46:38,529
I said a Catholic priest
was touching impure parts

840
00:46:38,595 --> 00:46:39,363
of my body.

841
00:46:39,429 --> 00:46:42,399
I didn't even know how to
describe it.

842
00:46:42,466 --> 00:46:45,235
And he said: "What did you do?"

843
00:46:45,302 --> 00:46:46,470
Stop doing that.

844
00:46:46,537 --> 00:46:54,978
It's your fault.

845
00:46:55,045 --> 00:46:57,814
- The language of cover up

846
00:46:57,881 --> 00:47:02,452
that speaks of some kind of
intentionality on the part

847
00:47:02,519 --> 00:47:04,555
of individuals who are deceased,

848
00:47:04,621 --> 00:47:07,558
that I don't have any documents

849
00:47:04,621 --> 00:47:07,558
of,

850
00:47:07,624 --> 00:47:10,327
people who I've respected and
knew

851
00:47:10,394 --> 00:47:12,863
as good men and good priests.

852
00:47:12,930 --> 00:47:14,865
I believe in my heart of hearts,

853
00:47:14,932 --> 00:47:17,634
at least from my community
perspective,

854
00:47:17,701 --> 00:47:20,337
that they were doing what they
felt

855
00:47:20,404 --> 00:47:25,642
was the best practice of the
day.

856
00:47:25,709 --> 00:47:30,948
- For them to deny knowledge
is totally inappropriate.

857
00:47:31,014 --> 00:47:34,751
I know better and they know
better.

858
00:47:34,818 --> 00:47:37,588
- Marshall would never have
imagined

859
00:47:37,654 --> 00:47:40,123
that generations of his victims

860
00:47:37,654 --> 00:47:40,123
would be coming together

861
00:47:40,190 --> 00:47:42,726
in the same courtroom to indict

862
00:47:40,190 --> 00:47:42,726
him.

863
00:47:42,793 --> 00:47:44,428
And that's what we're doing
here.

864
00:47:44,494 --> 00:47:45,929
I would think most right
thinking people

865
00:47:45,996 --> 00:47:49,433
would have difficulty with
the transfer, after transfer,

866
00:47:49,499 --> 00:47:52,402
after transfer, after
transfer, after transfer,

867
00:47:52,469 --> 00:47:56,073
with a report of sexual abuse
at each of these locations.

868
00:47:56,139 --> 00:47:59,910
And the thing that I think will

869
00:47:56,139 --> 00:47:59,910
be in,

870
00:47:59,977 --> 00:48:04,481
give the indigestion the most
is in 1992 when they find

871
00:48:04,548 --> 00:48:07,751
out he's abused upwards
of 50 boys or more.

872
00:48:07,818 --> 00:48:09,119
- [Aaron] And they don't tell
the police

873
00:48:09,186 --> 00:48:12,022
they don't tell CAS they
don't even reach out to try

874
00:48:12,089 --> 00:48:13,257
to find victims.
- Nothing.

875
00:48:13,323 --> 00:48:15,859
Yeah just close the book on it.

876
00:48:15,926 --> 00:48:17,894
So, that's gotta be 1996.

877
00:48:17,961 --> 00:48:20,764
Nobody can say we didn't know
and it was a moral failing

878
00:48:20,831 --> 00:48:22,366
and we didn't know better.

879
00:48:22,432 --> 00:48:29,206
The most educated international

880
00:48:22,432 --> 00:48:29,206
worldly group of folks.

881
00:48:29,273 --> 00:48:30,000
A subunit of the Roman Catholic

882
00:48:29,273 --> 00:48:30,000
Church

883
00:48:30,000 --> 00:48:31,508
A subunit of the Roman Catholic

884
00:48:30,000 --> 00:48:31,508
Church

885
00:48:31,575 --> 00:48:37,281
is basically using the defense
of: duh.

886
00:48:37,347 --> 00:48:41,451
To say we didn't know
better is gonna stink up

887
00:48:41,518 --> 00:48:47,024
the whole courtroom.

888
00:48:47,090 --> 00:48:50,661
So on one of the breaks
I went to the washroom

889
00:48:50,727 --> 00:48:54,765
and about the same time Father
Katulski came in behind me,

890
00:48:54,831 --> 00:48:57,100
and we're both at the
urinal, side-by-side,

891
00:48:57,167 --> 00:49:00,170
sort of awkward and I would
normally say something

892
00:49:00,237 --> 00:49:02,639
to sort of break the
awkwardness.

893
00:49:02,706 --> 00:49:06,176
But, as I was about to
I heard a whimpering,

894
00:49:06,243 --> 00:49:09,179
crying clearly from a grown man.

895
00:49:09,246 --> 00:49:12,683
But, the sort of thing
you'd hear from a boy

896
00:49:12,749 --> 00:49:16,553
and it was coming from
the stall in the bathroom

897
00:49:16,620 --> 00:49:18,922
and I quickly realized
it was one of the victims

898
00:49:18,989 --> 00:49:22,259
who had come to testify or watch

899
00:49:18,989 --> 00:49:22,259
that day.

900
00:49:22,326 --> 00:49:24,828
And I just remained silent.

901
00:49:24,895 --> 00:49:28,532
I thought it was important
for Father Katulski,

902
00:49:28,598 --> 00:49:30,000
who was a representative of the

903
00:49:28,598 --> 00:49:30,000
church,

904
00:49:30,000 --> 00:49:30,367
who was a representative of the

905
00:49:30,000 --> 00:49:30,367
church,

906
00:49:30,434 --> 00:49:34,738
to hear that, to hear the
pain that was still emanating

907
00:49:34,805 --> 00:49:36,273
from a grown man for something

908
00:49:36,340 --> 00:49:38,075
that happened decades before.

909
00:49:38,141 --> 00:49:41,244
So we just sat there quiet in
the bathroom

910
00:49:41,311 --> 00:49:48,585
and listened to this whimpering.

911
00:49:48,652 --> 00:49:51,555
- If anyone witnessed
that I have no problem

912
00:49:51,621 --> 00:49:54,157
with that at all if it affected

913
00:49:51,621 --> 00:49:54,157
them,

914
00:49:54,224 --> 00:49:58,462
seeing the true impact of these

915
00:49:54,224 --> 00:49:58,462
crimes

916
00:49:58,528 --> 00:50:00,864
on just one of many victims.

917
00:50:00,931 --> 00:50:03,300
Maybe that's beneficial in some

918
00:50:00,931 --> 00:50:03,300
way.

919
00:50:03,367 --> 00:50:06,603
I don't know, but I always think

920
00:50:03,367 --> 00:50:06,603
the truth

921
00:50:06,670 --> 00:50:09,539
is the most beneficial
thing to present to people

922
00:50:09,606 --> 00:50:10,941
and that was my truth.

923
00:50:11,007 --> 00:50:17,447
Part of my truth.

924
00:50:17,514 --> 00:50:19,383
- [Matt] Do you remember that
day?

925
00:50:19,449 --> 00:50:22,319
- I do remember that day, yes.

926
00:50:22,386 --> 00:50:27,491
- [Matt] Can you tell me
what you were thinking?

927
00:50:27,557 --> 00:50:30,000
- What I was basically

928
00:50:27,557 --> 00:50:30,000
thinking was that this is a man

929
00:50:30,000 --> 00:50:30,293
- What I was basically

930
00:50:30,000 --> 00:50:30,293
thinking was that this is a man

931
00:50:30,360 --> 00:50:35,332
that needed someone to
be with him in his grief.

932
00:50:35,399 --> 00:50:37,768
And I was not unfortunately the

933
00:50:35,399 --> 00:50:37,768
person

934
00:50:37,834 --> 00:50:40,804
that could do that and be that.

935
00:50:40,871 --> 00:50:54,818
That's what I was thinking.

936
00:50:54,885 --> 00:50:58,622
(pensive music)

937
00:50:58,688 --> 00:51:01,992
Dr. McMaster was the
specialist that we had,

938
00:51:02,058 --> 00:51:05,395
the expert that we had
who did an interview

939
00:51:05,462 --> 00:51:11,268
of Mr. MacLeod and gave
his psychological opinion

940
00:51:11,334 --> 00:51:14,638
of Mr. MacLeod.

941
00:51:14,704 --> 00:51:19,876
- Dr. McMaster had a very Clark

942
00:51:14,704 --> 00:51:19,876
Kent look.

943
00:51:19,943 --> 00:51:23,980
He was very confident, he
was very sure of himself

944
00:51:24,047 --> 00:51:28,084
and there would be no real
debate I am going to give

945
00:51:28,151 --> 00:51:29,920
this testimony and we don't
really need

946
00:51:29,986 --> 00:51:32,322
to discuss it because you
don't know nearly as much

947
00:51:32,389 --> 00:51:35,892
as I do, so just take my
answer and we're done.

948
00:51:35,959 --> 00:51:38,328
- So, Dr. McMaster who is
routinely hired

949
00:51:38,395 --> 00:51:40,096
by the defense and the church.

950
00:51:40,163 --> 00:51:45,769
His job is to frankly to
find any other reason why

951
00:51:45,836 --> 00:51:49,306
Rod had difficulty in
life and or to say hey

952
00:51:49,372 --> 00:51:51,475
these weren't difficulties at
all.

953
00:51:51,541 --> 00:51:55,078
- Dr. McMaster seemed to
indicate

954
00:51:55,145 --> 00:51:57,314
that it would be highly unusual

955
00:51:57,380 --> 00:52:01,718
for someone to be that
badly affected through

956
00:52:01,785 --> 00:52:03,720
the balance of his life.

957
00:52:03,787 --> 00:52:08,792
(somber music)

958
00:52:08,859 --> 00:52:12,128
- He believed that my sexual
abuse

959
00:52:12,195 --> 00:52:18,935
was in the low end of the scale.

960
00:52:19,002 --> 00:52:23,807
In meeting other victims the
effect that it has on them

961
00:52:23,874 --> 00:52:29,246
is so profound for so
long, so fundamental,

962
00:52:29,312 --> 00:52:32,115
that I can't understand
how a psychiatrist,

963
00:52:32,182 --> 00:52:37,654
how he could be so completely

964
00:52:37,721 --> 00:52:39,923
ignorant of the

965
00:52:39,990 --> 00:52:48,331
effects of that abuse.

966
00:52:48,398 --> 00:52:49,165
- [Rob] Okay, so Rod.

967
00:52:49,232 --> 00:52:50,700
You didn't like me attacking
him.

968
00:52:50,767 --> 00:52:52,469
Do you still hold that opinion?

969
00:52:52,536 --> 00:52:57,807
- Well I don't like the
idea of you being another--

970
00:52:57,874 --> 00:52:58,808
- Susan.
- Susan!

971
00:52:58,875 --> 00:53:01,011
So if you're going to
attack him you have to do

972
00:53:01,077 --> 00:53:03,747
it with a--
- a sympathetic, polite.

973
00:53:03,813 --> 00:53:05,582
- Yeah, as though your
not attacking him at all

974
00:53:05,649 --> 00:53:07,350
that you're just clarifying
things.

975
00:53:07,417 --> 00:53:09,386
You know the way that judge did.

976
00:53:09,452 --> 00:53:11,121
(laughing)

977
00:53:11,187 --> 00:53:14,357
- Afternoon Doctor can we
start with some agreement

978
00:53:14,424 --> 00:53:15,392
before we disagree.

979
00:53:15,458 --> 00:53:16,226
Because I'm sure we will.

980
00:53:16,293 --> 00:53:17,961
Can we agree that assessing
victims

981
00:53:18,028 --> 00:53:20,664
of sexual abuse is not
your main expertise.

982
00:53:20,730 --> 00:53:23,867
My interaction with Dr. McMaster

983
00:53:20,730 --> 00:53:23,867
involved

984
00:53:23,934 --> 00:53:27,771
a level of frustration and
disdain,

985
00:53:27,837 --> 00:53:30,440
because this is a professional
whose job

986
00:53:30,507 --> 00:53:32,242
is to aid the court.

987
00:53:32,309 --> 00:53:35,612
And he was really deep
into advocate territory.

988
00:53:35,679 --> 00:53:38,281
Your focus has been assessing
the people

989
00:53:38,348 --> 00:53:42,052
that make the victims,
the offenders, right?

990
00:53:42,118 --> 00:53:44,421
And I think that fueled me to do

991
00:53:42,118 --> 00:53:44,421
a more

992
00:53:44,487 --> 00:53:46,122
aggressive and hopefully
effective

993
00:53:46,189 --> 00:53:48,425
cross-examination of him.

994
00:53:48,491 --> 00:53:49,993
Remember Kathryn Thompson from
Barrie?

995
00:53:50,060 --> 00:53:51,828
She's a babysitter that
made child pornography

996
00:53:51,895 --> 00:53:53,463
with the children that
she was entrusted to

997
00:53:53,530 --> 00:53:55,298
and also engaged in bestiality.

998
00:53:55,365 --> 00:53:56,132
- [Jeff] Yeah.

999
00:53:56,199 --> 00:53:57,701
- [Rob] You provided an
opinion to keep her from being

1000
00:53:57,767 --> 00:54:00,000
a designated long term offender,

1001
00:53:57,767 --> 00:54:00,000
right?

1002
00:54:00,000 --> 00:54:00,437
a designated long term offender,

1003
00:54:00,000 --> 00:54:00,437
right?

1004
00:54:00,503 --> 00:54:03,273
- Rob Talach did not have
any kind words really

1005
00:54:03,340 --> 00:54:05,909
for Dr. McMaster on his cross.

1006
00:54:05,976 --> 00:54:08,078
Talach was I think rather
dismissive

1007
00:54:08,144 --> 00:54:11,781
in his cross-examination
and he actually accused

1008
00:54:11,848 --> 00:54:14,284
Dr. McMaster of being some sort

1009
00:54:11,848 --> 00:54:14,284
of puppet

1010
00:54:14,351 --> 00:54:16,086
for the defense.

1011
00:54:16,152 --> 00:54:27,030
(somber music)

1012
00:54:27,097 --> 00:54:29,065
- Alright, so I'm gonna
call Rod in a second.

1013
00:54:29,132 --> 00:54:33,970
But, I mean part of me
says today went well enough

1014
00:54:34,037 --> 00:54:36,172
that I could end.

1015
00:54:36,239 --> 00:54:37,540
Because I mean just think
about that for a minute

1016
00:54:37,607 --> 00:54:39,976
what if he goes home does
his homework and comes back.

1017
00:54:40,043 --> 00:54:41,544
Wouldn't it be great in
the morning to ask him

1018
00:54:41,611 --> 00:54:44,948
a couple questions that
are key before he sees

1019
00:54:45,015 --> 00:54:48,818
that window to throw his repair

1020
00:54:45,015 --> 00:54:48,818
jobs in.

1021
00:54:48,885 --> 00:54:51,755
And then I just go boom I'm
done.

1022
00:54:51,821 --> 00:54:53,189
- You know I think that the more

1023
00:54:51,821 --> 00:54:53,189
he talks,

1024
00:54:53,256 --> 00:54:57,260
the more the judge and the
jury seem to turn against him.

1025
00:54:57,327 --> 00:55:00,697
Like when he suggests
that Rod could derive

1026
00:55:00,764 --> 00:55:02,132
some self esteem.

1027
00:55:02,198 --> 00:55:04,267
- Oh my God.
- From the abuse by Marshall.

1028
00:55:04,334 --> 00:55:08,638
The juror at the end totally
lost it.

1029
00:55:08,705 --> 00:55:11,408
(phone rings)

1030
00:55:11,474 --> 00:55:12,409
- [Rod] Hello.

1031
00:55:12,475 --> 00:55:15,879
- Hey Rod, how are you?
- Good Rob, how are you?

1032
00:55:15,945 --> 00:55:19,282
- A decision that we were
just discussing is do I do

1033
00:55:19,349 --> 00:55:21,351
the short version tomorrow
or the long version?

1034
00:55:21,418 --> 00:55:24,654
In other words, this doctor
is probably gonna go home.

1035
00:55:24,721 --> 00:55:27,524
Actually he is gonna go
home and he's gonna get

1036
00:55:27,590 --> 00:55:31,428
into the books and try and
rebuild himself tomorrow.

1037
00:55:31,494 --> 00:55:34,030
- [Rod] I think we're in a

1038
00:55:31,494 --> 00:55:34,030
pretty good position right now.

1039
00:55:34,097 --> 00:55:37,634
I sure would hate to see that be

1040
00:55:34,097 --> 00:55:37,634
eroded.

1041
00:55:37,701 --> 00:55:39,402
Just cut it short and get rid of

1042
00:55:37,701 --> 00:55:39,402
him.

1043
00:55:39,469 --> 00:55:40,236
Dump him.

1044
00:55:40,303 --> 00:55:42,138
- Look I want you to
leave with this thought.

1045
00:55:42,205 --> 00:55:45,675
Part of what you're doing here
is to create ripple effect,

1046
00:55:45,742 --> 00:55:48,611
bigger good in society beyond
this right?

1047
00:55:48,678 --> 00:55:49,979
- [Rod] Yeah, exactly.

1048
00:55:50,046 --> 00:55:54,150
- You have eliminated an
enemy of the victim today

1049
00:55:54,217 --> 00:55:57,420
and I'm gonna say in
closing this is the guy

1050
00:55:57,487 --> 00:56:00,824
that the church chose to
represent them.

1051
00:56:00,890 --> 00:56:02,058
- [Rod] Yep.

1052
00:56:02,125 --> 00:56:04,994
- Says volumes of the
lengths they would go to

1053
00:56:05,061 --> 00:56:07,697
to protect their brand.

1054
00:56:07,764 --> 00:56:10,500
- [Rod] Exactly, exactly.

1055
00:56:14,637 --> 00:56:17,173
- While father Marshall was
still alive.

1056
00:56:17,240 --> 00:56:18,875
We moved for a court order to be

1057
00:56:17,240 --> 00:56:18,875
able

1058
00:56:18,942 --> 00:56:22,445
to videotape his evidence.

1059
00:56:22,512 --> 00:56:25,548
We wanted the Marshall video
played as late as possible

1060
00:56:25,615 --> 00:56:26,783
in the trial so that would be
one

1061
00:56:26,850 --> 00:56:29,619
of the last things that jurors
would would hear from us

1062
00:56:29,686 --> 00:56:32,422
at least and even hear
from the trial process

1063
00:56:32,489 --> 00:56:34,758
before they went to
decide things so people

1064
00:56:34,824 --> 00:56:38,762
could see this sort of
unrepentant cavalier

1065
00:56:38,828 --> 00:56:42,298
priest monster, in my
words, give his evidence.

1066
00:56:42,365 --> 00:56:46,703
(pensive music)

1067
00:56:46,770 --> 00:56:50,406
State for the record your full
name.

1068
00:56:50,473 --> 00:56:54,410
William Hodgson Maclin Marshall.

1069
00:56:54,477 --> 00:56:56,713
- Was quite something.

1070
00:56:56,780 --> 00:56:59,215
I'd never seen anything quite
like that in a courtroom.

1071
00:56:59,282 --> 00:57:03,753
Here was a dead priest
confessing to almost

1072
00:57:03,820 --> 00:57:06,689
four decades of crime.

1073
00:57:06,756 --> 00:57:08,057
- [Rob] There were 17
individuals

1074
00:57:08,124 --> 00:57:10,727
that you pled guilty to abuse.

1075
00:57:10,794 --> 00:57:12,228
- Yes.

1076
00:57:12,295 --> 00:57:14,364
- [Mary] They had the
monitors up in the courtroom.

1077
00:57:14,430 --> 00:57:15,265
- Yes.

1078
00:57:15,331 --> 00:57:17,734
- Some of the spectators
couldn't watch

1079
00:57:17,801 --> 00:57:20,170
because they'd been abused by
him.

1080
00:57:20,236 --> 00:57:23,106
- [Rob] Most of these
victims from the convictions

1081
00:57:23,173 --> 00:57:25,341
were boys when you sexually
abused them?

1082
00:57:25,408 --> 00:57:27,043
- That's right.

1083
00:57:27,110 --> 00:57:29,179
- [Rob] And most of
these victims were boys

1084
00:57:29,245 --> 00:57:33,750
at schools you were working at
at the time you abused them?

1085
00:57:33,817 --> 00:57:36,553
- Most, yes.

1086
00:57:36,619 --> 00:57:40,723
- To have this evidence from
the grave in front of you.

1087
00:57:40,790 --> 00:57:46,429
It was very powerful and
the courtroom was silent.

1088
00:57:46,496 --> 00:57:48,698
- [Rob] And you would
have shared your struggle

1089
00:57:48,765 --> 00:57:50,733
with abuse with the director?

1090
00:57:50,800 --> 00:57:51,734
- Yes.

1091
00:57:51,801 --> 00:57:53,636
- [Rob] So this would be a
fourth spiritual director

1092
00:57:53,703 --> 00:57:55,271
you made aware of this?

1093
00:57:55,338 --> 00:57:56,105
- Yes.

1094
00:57:56,172 --> 00:57:57,807
- [Rob] And again you
weren't told to go seek

1095
00:57:57,874 --> 00:57:59,509
any outside assistance.

1096
00:57:59,576 --> 00:58:01,311
- No.

1097
00:58:01,377 --> 00:58:05,048
- I considered leaving.

1098
00:58:05,114 --> 00:58:09,052
I'm not even sure why I stayed.

1099
00:58:09,118 --> 00:58:14,557
Somehow I felt I just had
to hear his words and see

1100
00:58:14,624 --> 00:58:19,062
what he thought of his own
actions.

1101
00:58:19,128 --> 00:58:23,099
- [Rob] Did you abuse
John Morand at Assumption?

1102
00:58:23,166 --> 00:58:26,870
- [Hod] I can't remember that at

1103
00:58:23,166 --> 00:58:26,870
all.

1104
00:58:26,936 --> 00:58:28,972
- [Rob] You abuse Jerry Boyle?

1105
00:58:29,038 --> 00:58:31,341
- Yes.

1106
00:58:31,407 --> 00:58:33,476
- [Rob] Is it fair to say
that you can't remember all

1107
00:58:33,543 --> 00:58:36,446
your victims from St. Charles?

1108
00:58:36,512 --> 00:58:39,082
- I think so.

1109
00:58:39,148 --> 00:58:41,251
- [Rob] You remember abusing Rod

1110
00:58:39,148 --> 00:58:41,251
MacLeod

1111
00:58:41,317 --> 00:58:43,052
during those early years of St.

1112
00:58:41,317 --> 00:58:43,052
Charles?

1113
00:58:43,119 --> 00:58:46,189
- Yes, I do.

1114
00:58:46,256 --> 00:58:48,191
- When Rob Talach was putting

1115
00:58:48,258 --> 00:58:51,294
questions to him and
asking about specific boys,

1116
00:58:51,361 --> 00:58:54,397
he said and it was kind
of heartbreaking to me

1117
00:58:54,464 --> 00:58:57,066
that I don't remember him or I
might have

1118
00:58:57,133 --> 00:58:59,802
remembered him or I could
have possibly happened,

1119
00:58:59,869 --> 00:59:03,439
I mean there were so many
instances,

1120
00:59:03,506 --> 00:59:08,811
so many young boys, he couldn't

1121
00:59:03,506 --> 00:59:08,811
even remember who they were.

1122
00:59:08,878 --> 00:59:11,214
- [Rod] Is it fair to say
that almost every school

1123
00:59:11,281 --> 00:59:16,920
you taught at you would
have sexually touched boys?

1124
00:59:16,986 --> 00:59:20,356
- With a few exceptions, yes.

1125
00:59:20,423 --> 00:59:21,591
- It was frankly shocking

1126
00:59:21,658 --> 00:59:25,028
because there wasn't a
lot of denial in there.

1127
00:59:25,094 --> 00:59:27,563
I mean this is a man who had
been protected by the church

1128
00:59:27,630 --> 00:59:30,099
over the decades every time he
got caught.

1129
00:59:30,166 --> 00:59:33,403
And I think it built in
him sort of a who cares

1130
00:59:33,469 --> 00:59:36,406
sort of attitude and he told it

1131
00:59:33,469 --> 00:59:36,406
as it was.

1132
00:59:36,472 --> 00:59:39,275
So this has been a problem that

1133
00:59:36,472 --> 00:59:39,275
spanned most of your career.

1134
00:59:39,342 --> 00:59:41,744
Is that fair?
- That's right.

1135
00:59:41,811 --> 00:59:43,846
- [Rod] You were convicted
of that along with other

1136
00:59:43,913 --> 00:59:47,717
crimes in June of 2011.

1137
00:59:47,784 --> 00:59:48,584
- That's right.

1138
00:59:48,651 --> 00:59:51,788
- No guilt for all those years.

1139
00:59:51,854 --> 00:59:54,791
No concern that he would
be going to meet his maker

1140
00:59:54,857 --> 00:59:57,860
and have to answer for his
crimes.

1141
00:59:57,927 --> 01:00:01,564
(dramatic music)

1142
01:00:01,631 --> 01:00:04,867
- Things were done the
same way in those days

1143
01:00:04,934 --> 01:00:13,376
that they are now we didn't
realize the seriousness

1144
01:00:13,443 --> 01:00:15,311
of the crime.

1145
01:00:15,378 --> 01:00:17,780
- [Rob] Well you knew in those
days, sir,

1146
01:00:17,847 --> 01:00:19,615
that it was a criminal offense.

1147
01:00:19,682 --> 01:00:21,784
Correct?

1148
01:00:21,851 --> 01:00:23,119
- I imagine so.

1149
01:00:23,186 --> 01:00:25,588
- [Rob] You knew it was a

1150
01:00:23,186 --> 01:00:25,588
breach of the Ten Commandments.

1151
01:00:25,655 --> 01:00:26,422
- Yes.

1152
01:00:26,489 --> 01:00:27,623
- [Rob] You knew it was
a breach of your vow

1153
01:00:27,690 --> 01:00:29,125
of chastity and celibacy.

1154
01:00:29,192 --> 01:00:29,959
- Yes.

1155
01:00:30,026 --> 01:00:32,628
- [Rob] You knew it was wrong.

1156
01:00:32,695 --> 01:00:48,745
- Yes.

1157
01:00:48,811 --> 01:00:52,749
- Okay, I'm just gonna
put some thoughts here

1158
01:00:52,815 --> 01:00:58,855
and see how it goes on
a very practical basis.

1159
01:00:58,921 --> 01:01:07,497
I already have a document
here called Closing Thoughts.

1160
01:01:07,563 --> 01:01:14,137
I gotta put this in plain
English.

1161
01:01:14,203 --> 01:01:15,471
How's this line sound?

1162
01:01:15,538 --> 01:01:18,307
This will be the last time
I call him the plaintiff.

1163
01:01:18,374 --> 01:01:21,644
He is Rod to me and I
suspect after hearing so much

1164
01:01:21,711 --> 01:01:25,481
about his life he should
be Rod to you as well.

1165
01:01:25,548 --> 01:01:29,018
I think the more human he is to

1166
01:01:25,548 --> 01:01:29,018
them.

1167
01:01:29,085 --> 01:01:31,220
The more difficult it
is for them to be harsh

1168
01:01:31,287 --> 01:01:33,790
in the figures.

1169
01:01:33,856 --> 01:01:35,892
The hope is that he
will walk this courtroom

1170
01:01:35,958 --> 01:01:41,164
no longer victimized
but finally vindicated.

1171
01:01:41,230 --> 01:01:43,433
This question deals with
additional money based on

1172
01:01:43,499 --> 01:01:45,735
the nature of what Rod endured.

1173
01:01:45,802 --> 01:01:49,272
It allows more money on
top of the general damages.

1174
01:01:49,338 --> 01:01:53,176
This is allowed if what Rod
endured was humiliating,

1175
01:01:53,242 --> 01:01:56,012
oppressive or undignified.

1176
01:01:56,079 --> 01:01:57,947
We all agree that he endured
sexual abuse

1177
01:01:58,014 --> 01:01:59,849
for four years approximately 50

1178
01:01:58,014 --> 01:01:59,849
times.

1179
01:01:59,916 --> 01:02:01,484
We all agree that included
fondling,

1180
01:02:01,551 --> 01:02:03,252
oral sex and ejaculation.

1181
01:02:03,319 --> 01:02:05,254
The defendant in fact
agrees that aggravated

1182
01:02:05,321 --> 01:02:07,857
damages do apply to Rod.

1183
01:02:07,924 --> 01:02:12,628
This question is simply one of
how much.

1184
01:02:12,695 --> 01:02:17,133
♪ Here I am Lord ♪

1185
01:02:17,200 --> 01:02:21,637
♪ Is it I Lord ♪

1186
01:02:21,704 --> 01:02:30,313
♪ I have heard You calling in
the night ♪

1187
01:02:30,379 --> 01:02:36,385
♪ I will go Lord ♪
♪ Here I am Lord ♪

1188
01:02:36,452 --> 01:02:41,124
♪ Waiting for you ♪

1189
01:02:41,190 --> 01:02:50,399
♪ But you sent Hod Marshall in
the night ♪

1190
01:02:50,466 --> 01:02:55,238
♪ He abused me ♪

1191
01:02:55,304 --> 01:03:00,543
♪ And you let him ♪

1192
01:03:00,610 --> 01:03:09,352
♪ You let him abuse me in the
night ♪

1193
01:03:09,418 --> 01:03:13,089
♪ Yes he broke me ♪

1194
01:03:13,156 --> 01:03:19,695
(people chatting)

1195
01:03:19,762 --> 01:03:22,632
- You're right, they should be
in jail.

1196
01:03:22,698 --> 01:03:24,367
- [Patrick] Absolutely.

1197
01:03:24,433 --> 01:03:25,635
I'm sorry, good morning.

1198
01:03:25,701 --> 01:03:30,000
- Good morning, how can I share

1199
01:03:25,701 --> 01:03:30,000
your pain?

1200
01:03:30,000 --> 01:03:30,139
- Good morning, how can I share

1201
01:03:30,000 --> 01:03:30,139
your pain?

1202
01:03:30,206 --> 01:03:32,375
- You can tell me why

1203
01:03:32,441 --> 01:03:35,211
the church fights against
the victims instead

1204
01:03:35,278 --> 01:03:38,948
of against the abusers?

1205
01:03:39,015 --> 01:03:40,016
- I wish I could.

1206
01:03:40,082 --> 01:03:41,984
I wish I could.
- I wish you could too.

1207
01:03:42,051 --> 01:03:43,586
- I would have to know it in
order to be

1208
01:03:43,653 --> 01:03:45,154
able to tell you and I can't.

1209
01:03:45,221 --> 01:03:47,623
- This is a fair answer.
- To me it's...

1210
01:03:47,690 --> 01:03:49,258
- [Patrick] Why does it
continue?

1211
01:03:49,325 --> 01:03:50,326
- That's what I mean it's--

1212
01:03:50,393 --> 01:03:53,629
- [Patrick] How does it get
stopped?

1213
01:03:53,696 --> 01:03:56,666
- The system has to change
totally.

1214
01:03:56,732 --> 01:03:58,668
- That is a start.

1215
01:03:58,734 --> 01:04:00,000
I've gone to four churches this

1216
01:03:58,734 --> 01:04:00,000
weekend

1217
01:04:00,000 --> 01:04:00,469
I've gone to four churches this

1218
01:04:00,000 --> 01:04:00,469
weekend

1219
01:04:00,536 --> 01:04:01,837
because I knew the bishop's
statement was

1220
01:04:01,904 --> 01:04:02,939
going to be put out.

1221
01:04:03,005 --> 01:04:04,540
Was it read here today or?

1222
01:04:04,607 --> 01:04:05,374
- No we didn't read it.

1223
01:04:05,441 --> 01:04:06,943
We read it on Thursday
that's what they asked us

1224
01:04:07,009 --> 01:04:08,744
to do and it's in the bulletins

1225
01:04:07,009 --> 01:04:08,744
today.

1226
01:04:08,811 --> 01:04:09,579
- Yes.

1227
01:04:09,645 --> 01:04:14,884
- So, I talked about it,
but I didn't read it.

1228
01:04:14,951 --> 01:04:15,751
- You don't wanna keep having

1229
01:04:15,818 --> 01:04:17,787
to talk about something
over and over but until

1230
01:04:17,853 --> 01:04:21,791
it's fixed that's what you have

1231
01:04:17,853 --> 01:04:21,791
to do.

1232
01:04:21,857 --> 01:04:24,293
Because even right today
victims come forward

1233
01:04:24,360 --> 01:04:27,129
and they are not believed.

1234
01:04:27,196 --> 01:04:30,000
And the church brings out their

1235
01:04:27,196 --> 01:04:30,000
lawyers and they fight 'em.

1236
01:04:30,000 --> 01:04:31,367
And the church brings out their

1237
01:04:30,000 --> 01:04:31,367
lawyers and they fight 'em.

1238
01:04:31,434 --> 01:04:33,069
They fought me.

1239
01:04:33,135 --> 01:04:45,581
(somber music)

1240
01:04:45,648 --> 01:04:48,517
- The closing arguments
in Rod MacLeod's case

1241
01:04:48,584 --> 01:04:50,253
were quite different.

1242
01:04:50,319 --> 01:04:54,156
The church's side accepted that

1243
01:04:50,319 --> 01:04:54,156
Rod MacLeod had been abused

1244
01:04:54,223 --> 01:04:56,525
to a certain degree.

1245
01:04:56,592 --> 01:05:00,596
But, clearly were pushing
back on any notion

1246
01:05:00,663 --> 01:05:05,935
that it was a lifelong kind
of suffering that would

1247
01:05:06,002 --> 01:05:09,438
impact financial earnings.

1248
01:05:09,505 --> 01:05:15,211
That was kind of my take
on the defense's close.

1249
01:05:15,278 --> 01:05:20,950
Rob Talach on the other
hand pressed a lot of

1250
01:05:21,017 --> 01:05:25,054
phrases and buttons that
I thought a jury might

1251
01:05:25,121 --> 01:05:27,857
really listen to.

1252
01:05:27,923 --> 01:05:30,760
- [Rob] Members of the jury,
you may recall that I put

1253
01:05:30,826 --> 01:05:34,363
to Father Katulski the
example of Marshall being

1254
01:05:34,430 --> 01:05:36,999
like a toxic barrel of waste.

1255
01:05:37,066 --> 01:05:40,469
And every time he abused,
that barrel leaked

1256
01:05:40,536 --> 01:05:43,572
and the church's reaction
was simply to move

1257
01:05:43,639 --> 01:05:47,009
that barrel to new
communities and not tell them

1258
01:05:47,076 --> 01:05:52,148
of the waste that was in their
backyard.

1259
01:05:52,214 --> 01:05:53,416
- It's hard to tell by looking

1260
01:05:53,482 --> 01:05:55,818
at their faces but I
think they were hanging on

1261
01:05:55,885 --> 01:06:00,389
to these kind of images
and making something

1262
01:06:00,456 --> 01:06:05,161
that can be big and
awful like sexual assault

1263
01:06:05,227 --> 01:06:07,663
a little more understandable
when he put it in those terms

1264
01:06:07,730 --> 01:06:10,666
and he really did hammer
on the amount of time

1265
01:06:10,733 --> 01:06:14,236
that Father Marshall
was allowed to continue

1266
01:06:14,303 --> 01:06:15,871
his abuse which was decades,

1267
01:06:15,938 --> 01:06:17,173
and decades, and decades.

1268
01:06:17,239 --> 01:06:19,709
And that it could have
been stopped in the 1940s

1269
01:06:19,775 --> 01:06:23,179
had anyone had any guts.

1270
01:06:23,245 --> 01:06:26,716
- [Rob] Years later when
the extent of that leak

1271
01:06:26,782 --> 01:06:29,585
and a number of communities
involved was known

1272
01:06:29,652 --> 01:06:34,056
to the church they didn't
go back and say, hey,

1273
01:06:34,123 --> 01:06:36,392
there was something bad here
in your community that might

1274
01:06:36,459 --> 01:06:38,127
have hurt your children.

1275
01:06:38,194 --> 01:06:39,495
We're here to help.

1276
01:06:39,562 --> 01:06:41,397
We're here to clean it up.

1277
01:06:41,464 --> 01:06:45,601
There was none of that.

1278
01:06:45,668 --> 01:06:47,803
- At the end of the trial
when all of the evidence

1279
01:06:47,870 --> 01:06:50,072
had been presented and
it was about to be handed

1280
01:06:50,139 --> 01:06:51,307
over to the jury.

1281
01:06:51,374 --> 01:06:54,810
I felt relieved and I felt
relieved for one reason,

1282
01:06:54,877 --> 01:06:58,581
that this was gonna be
over and we could all

1283
01:06:58,647 --> 01:06:59,949
get out of there.

1284
01:07:00,015 --> 01:07:04,553
We could all get out of the
tomb.

1285
01:07:04,620 --> 01:07:08,824
- As the jury is about to

1286
01:07:04,620 --> 01:07:08,824
retire at the end of the trial.

1287
01:07:08,891 --> 01:07:11,961
I'm thinking that we have done
everything

1288
01:07:12,027 --> 01:07:14,096
that we possibly could do.

1289
01:07:14,163 --> 01:07:16,732
I was very confident of that.

1290
01:07:16,799 --> 01:07:21,237
What I was not confident of
was how the jury would react

1291
01:07:21,303 --> 01:07:23,339
to everything that had been
said.

1292
01:07:23,406 --> 01:07:27,910
They could come back and
they could fall completely

1293
01:07:27,977 --> 01:07:32,715
on the side of the defense
and there'd be absolutely

1294
01:07:32,782 --> 01:07:35,785
nothing you could do about it.

1295
01:07:35,851 --> 01:07:39,455
You're thinking boy this
could be really bad.

1296
01:07:39,522 --> 01:07:55,037
(pensive music)

1297
01:08:09,351 --> 01:08:11,654
- [Rob] Waiting for the
verdict is nerve wracking

1298
01:08:11,720 --> 01:08:18,928
and the longer the verdict
takes the more nerve wracking.

1299
01:08:18,994 --> 01:08:22,331
- [Aaron] You start to wondering

1300
01:08:18,994 --> 01:08:22,331
what are they thinking?

1301
01:08:22,398 --> 01:08:25,835
It could go any way it could be

1302
01:08:22,398 --> 01:08:25,835
a big win.

1303
01:08:25,901 --> 01:08:30,172
It could be a big loss.

1304
01:08:30,239 --> 01:08:32,708
- [Rod] There was really
nothing that we could do.

1305
01:08:32,775 --> 01:08:40,149
And so it was just a
matter of passing the time.

1306
01:08:40,216 --> 01:08:42,151
- Look at our focus group.

1307
01:08:42,218 --> 01:08:45,321
They took that we gave them an
hour.

1308
01:08:45,387 --> 01:08:47,756
- [Rod] Yeah but we didn't
give them information,

1309
01:08:47,823 --> 01:08:49,258
the kind of information--
- No that's right.

1310
01:08:49,325 --> 01:08:51,994
That's what I'm getting at
they took their full hour.

1311
01:08:52,061 --> 01:08:53,395
- Oh yeah.
- They kind of wrote off

1312
01:08:53,462 --> 01:08:55,231
the punitive question
and just five minutes.

1313
01:08:55,297 --> 01:08:56,732
Yeah, a million.

1314
01:08:56,799 --> 01:08:59,902
But they took a lot of time

1315
01:08:56,799 --> 01:08:59,902
considering how little they got.

1316
01:08:59,969 --> 01:09:02,671
They got to put our evidence
and they took an hour of time.

1317
01:09:02,738 --> 01:09:04,840
So hopefully these folks
don't take three weeks.

1318
01:09:04,907 --> 01:09:11,447
(laughing)

1319
01:09:11,514 --> 01:09:14,083
I can only hope that the
religious beliefs

1320
01:09:14,149 --> 01:09:16,952
of this jury help us.

1321
01:09:17,019 --> 01:09:19,321
They know that this, oh it's all

1322
01:09:17,019 --> 01:09:19,321
okay,

1323
01:09:19,388 --> 01:09:21,490
just go pray is bullshit.

1324
01:09:21,557 --> 01:09:23,859
There's no stricter regime
than the Catholic Church

1325
01:09:23,926 --> 01:09:26,128
in the '50s.

1326
01:09:26,195 --> 01:09:28,030
- [Priest] In the name of
the Father and of the Son

1327
01:09:28,097 --> 01:09:30,799
and of the Holy Spirit
the grace of Our Lord

1328
01:09:30,866 --> 01:09:34,003
Jesus Christ the love
of God and the communion

1329
01:09:34,069 --> 01:09:36,972
of the Holy Spirit be with you
all.

1330
01:09:37,039 --> 01:09:38,240
- [Congregant] And with your
spirit.

1331
01:09:38,307 --> 01:09:41,610
Amen.

1332
01:09:41,677 --> 01:09:46,248
- Last week after the 11 o'clock

1333
01:09:41,677 --> 01:09:46,248
mass.

1334
01:09:46,315 --> 01:09:50,386
I was rather surprised
'cause when I walked out.

1335
01:09:50,452 --> 01:09:54,356
Onto the steps, down on
the sidewalk at the base

1336
01:09:54,423 --> 01:09:59,061
of the steps stood a man holding

1337
01:09:54,423 --> 01:09:59,061
a sign.

1338
01:09:59,128 --> 01:10:04,333
The victim of clergy sex abuse.

1339
01:10:04,400 --> 01:10:10,506
And I didn't quite know
what to say or what to do.

1340
01:10:10,573 --> 01:10:14,143
Patrick McMahon was abused
by Father Hod Marshall,

1341
01:10:14,209 --> 01:10:16,078
a Basilian who was principal
here

1342
01:10:16,145 --> 01:10:20,015
at Assumption and then Holy
Names and he was a good,

1343
01:10:20,082 --> 01:10:23,385
a close family friend of theirs.

1344
01:10:23,452 --> 01:10:24,987
And he abused him over a number

1345
01:10:23,452 --> 01:10:24,987
of years

1346
01:10:25,054 --> 01:10:28,557
and he's in deep pain.

1347
01:10:28,624 --> 01:10:30,000
And his sign was written on both

1348
01:10:28,624 --> 01:10:30,000
sides,

1349
01:10:30,000 --> 01:10:31,193
And his sign was written on both

1350
01:10:30,000 --> 01:10:31,193
sides,

1351
01:10:31,260 --> 01:10:33,529
two different things a
quote from Pope Francis

1352
01:10:33,596 --> 01:10:35,497
and then something of his own.

1353
01:10:35,564 --> 01:10:40,569
And on one side, it said:

1354
01:10:40,636 --> 01:10:45,174
Ask, how you can share in my
pain?

1355
01:10:45,240 --> 01:10:48,777
I think that is one of
the biggest challenges

1356
01:10:48,844 --> 01:10:52,715
of us who call ourselves
Christian,

1357
01:10:52,781 --> 01:10:59,722
is to share in someone else's
pain.

1358
01:10:59,788 --> 01:11:03,025
I think Patrick did me a
great favor by giving me

1359
01:11:03,092 --> 01:11:05,260
the cue card right in front of
me.

1360
01:11:05,327 --> 01:11:09,465
Ask, how you can share in my
pain?

1361
01:11:09,531 --> 01:11:15,004
My prayer is that I might keep
that cue card in front of me.

1362
01:11:15,070 --> 01:11:20,242
And ask others how I
can share in their pain.

1363
01:11:20,309 --> 01:11:27,650
♪ Oh God is grand ♪

1364
01:11:27,716 --> 01:11:34,023
♪ The spirit of the Father
remembers you ♪

1365
01:11:34,089 --> 01:11:40,362
♪ And Father, we thank
you for your feats ♪

1366
01:11:40,429 --> 01:11:45,734
♪ And may his feats be more
bountiful ♪

1367
01:11:45,801 --> 01:11:52,775
♪ His people blessed for years ♪

1368
01:11:52,841 --> 01:11:56,879
♪ And we will be thankful ♪

1369
01:11:56,945 --> 01:12:10,859
(somber music)

1370
01:12:10,926 --> 01:12:16,699
(people chatting)

1371
01:12:16,765 --> 01:12:18,767
- Here's there!

1372
01:12:31,346 --> 01:12:34,783
- Thank you for coming.

1373
01:12:34,850 --> 01:12:36,852
- Thank you again for
speaking with me and--

1374
01:12:36,919 --> 01:12:38,887
- I shouldn't have hugged
you without asking.

1375
01:12:38,954 --> 01:12:39,722
- It's okay.

1376
01:12:39,788 --> 01:12:41,190
- I don't know much about your
history

1377
01:12:41,256 --> 01:12:42,024
but I'm sorry.
- No, that's not the problem.

1378
01:12:42,091 --> 01:12:43,659
I couldn't hug you back
properly holding a sign

1379
01:12:43,726 --> 01:12:47,663
but I appreciate it and
I think well of you.

1380
01:12:47,730 --> 01:12:48,497
- Thank you.

1381
01:12:48,564 --> 01:12:49,364
Same here.

1382
01:12:49,431 --> 01:12:51,066
I admire your courage immensely.

1383
01:12:51,133 --> 01:12:52,367
- Thank you.

1384
01:12:52,434 --> 01:12:54,937
- If there's, well, whatever I
can.

1385
01:12:55,003 --> 01:12:57,005
Whenever I can do of
service you let me know.

1386
01:12:57,072 --> 01:12:58,006
- Okay, I will do that.

1387
01:12:58,073 --> 01:13:01,410
- Keep in touch, okay?

1388
01:13:21,063 --> 01:13:25,134
- I'm not going to stop
because they haven't stopped.

1389
01:13:25,200 --> 01:13:29,571
When they stop, maybe I'll
stop, but they're abusing.

1390
01:13:29,638 --> 01:13:30,873
They're covering it up.

1391
01:13:30,939 --> 01:13:32,908
They're lying, they're cheating.

1392
01:13:32,975 --> 01:13:35,344
They're fighting against the
victims.

1393
01:13:35,410 --> 01:13:37,412
So as long as they keep doing
that,

1394
01:13:37,479 --> 01:13:38,881
I'll keep doing what I'm doing.

1395
01:13:38,947 --> 01:13:40,048
I'll be in court.

1396
01:13:40,115 --> 01:13:41,517
I'll be outside churches.

1397
01:13:41,583 --> 01:13:45,254
I'll be on television and
until they if they get

1398
01:13:45,320 --> 01:13:51,760
tired of me they can stop
doing what they're doing.

1399
01:13:51,827 --> 01:13:53,395
- There'll be a lot of
cutting the baby in half

1400
01:13:53,462 --> 01:14:00,302
to get the thing done right.

1401
01:14:00,369 --> 01:14:01,804
- Because it's taking so long.

1402
01:14:01,870 --> 01:14:05,140
There's got to be at least two
people.

1403
01:14:05,207 --> 01:14:10,245
Two or three against three or
four.

1404
01:14:10,312 --> 01:14:13,315
- Well the first hour was

1405
01:14:10,312 --> 01:14:13,315
probably completely ineffective.

1406
01:14:13,382 --> 01:14:15,184
Just bumbling around people
talking about

1407
01:14:15,250 --> 01:14:18,520
the thing that they were
most moved by, duh, duh, duh,

1408
01:14:18,587 --> 01:14:20,722
and just some airing of
grievances type thing.

1409
01:14:20,789 --> 01:14:22,891
And then depending on the
foreman,

1410
01:14:22,958 --> 01:14:24,259
you know then they get down to
work.

1411
01:14:24,326 --> 01:14:28,030
By that time it's 10:30
and they're still taking

1412
01:14:28,096 --> 01:14:30,000
their silly little coffee

1413
01:14:28,096 --> 01:14:30,000
breaks and stuff I'm sure of it.

1414
01:14:30,000 --> 01:14:37,272
their silly little coffee

1415
01:14:30,000 --> 01:14:37,272
breaks and stuff I'm sure of it.

1416
01:14:37,339 --> 01:14:42,010
God could you imagine having a
hung jury.

1417
01:14:42,077 --> 01:14:44,880
We were pretty confident
on a quick turnaround

1418
01:14:44,947 --> 01:14:49,051
and I think it was we
went into the afternoon.

1419
01:14:49,117 --> 01:14:53,388
We were getting nervous.

1420
01:14:53,455 --> 01:14:56,158
It got pretty intense by the
time we got the phone call

1421
01:14:56,225 --> 01:14:58,427
saying the jury was back in.

1422
01:14:58,493 --> 01:15:01,363
(phone rings)

1423
01:15:01,430 --> 01:15:03,799
Hello, Rob speaking.

1424
01:15:03,866 --> 01:15:08,136
(woman on phone speaks faintly)

1425
01:15:08,203 --> 01:15:09,104
Okay.

1426
01:15:09,171 --> 01:15:11,139
We are on our way over
where we'll be there

1427
01:15:11,206 --> 01:15:13,242
within five minutes.

1428
01:15:13,308 --> 01:15:15,310
We've got a verdict.

1429
01:15:15,377 --> 01:15:22,718
Let's roll.

1430
01:15:22,784 --> 01:15:38,767
(pensive music)

1431
01:15:38,834 --> 01:15:44,640
- And then finally the
jury reached a verdict

1432
01:15:44,706 --> 01:15:47,843
I could just tell by the look on

1433
01:15:44,706 --> 01:15:47,843
her face

1434
01:15:47,910 --> 01:15:50,012
when she stood up to give

1435
01:15:50,078 --> 01:15:52,681
the verdict that I knew
it was not going to be

1436
01:15:52,748 --> 01:15:56,184
a pleasant experience and
I was not disappointed

1437
01:15:56,251 --> 01:16:00,188
in that at all.

1438
01:16:00,255 --> 01:16:02,424
- At what amount if any
do you assess the claim

1439
01:16:02,491 --> 01:16:04,726
for past loss of income?

1440
01:16:04,793 --> 01:16:07,029
$0.

1441
01:16:07,095 --> 01:16:09,665
At what amount if any
do you assess the claim

1442
01:16:09,731 --> 01:16:11,700
for future loss of income?

1443
01:16:11,767 --> 01:16:15,237
$0.

1444
01:16:15,304 --> 01:16:16,939
At what amount do you assess the

1445
01:16:15,304 --> 01:16:16,939
claim

1446
01:16:17,005 --> 01:16:18,807
for general damages?

1447
01:16:18,874 --> 01:16:21,743
$350,000.

1448
01:16:21,810 --> 01:16:23,845
At what amount do you assess the

1449
01:16:21,810 --> 01:16:23,845
claim

1450
01:16:23,912 --> 01:16:25,981
for aggravated damages?

1451
01:16:26,048 --> 01:16:28,884
$75,000.

1452
01:16:28,951 --> 01:16:31,320
At what amount do you
award as punitive damages

1453
01:16:31,386 --> 01:16:34,623
against the Basilian Fathers of

1454
01:16:31,386 --> 01:16:34,623
Toronto?

1455
01:16:34,690 --> 01:16:37,326
$500,000.

1456
01:16:37,392 --> 01:16:42,064
At what amount if any do you

1457
01:16:37,392 --> 01:16:42,064
award for lump sum income loss?

1458
01:16:42,130 --> 01:16:48,370
$ 1,588,781.

1459
01:16:48,437 --> 01:16:49,204
- [Aaron] Awesome!

1460
01:16:49,271 --> 01:16:50,372
This changes everything.

1461
01:16:50,439 --> 01:16:52,174
- It changes everything.
- Changes everything!

1462
01:16:52,240 --> 01:16:53,909
- Yeah, it's unbelievable.

1463
01:16:53,976 --> 01:16:57,245
(laughing)

1464
01:16:57,312 --> 01:17:02,985
Well the grand total was
$2,570,000

1465
01:17:03,051 --> 01:17:05,220
- [Rob] That judgment was
more money than all my other

1466
01:17:05,287 --> 01:17:07,956
judgments I've ever taken
combined.

1467
01:17:08,023 --> 01:17:10,492
- Just amazing!
(laughing)

1468
01:17:10,559 --> 01:17:14,096
- Astronomical a record breaker.

1469
01:17:14,162 --> 01:17:18,233
I think they got it bang on.

1470
01:17:18,300 --> 01:17:20,702
500 just right in punitive,

1471
01:17:20,769 --> 01:17:22,637
because if they go over a
million,

1472
01:17:22,704 --> 01:17:23,872
they could say it's absurd.

1473
01:17:23,939 --> 01:17:26,608
- That was glorious.

1474
01:17:26,675 --> 01:17:27,876
$2 1/2 million dollars.

1475
01:17:27,943 --> 01:17:29,945
And here's exactly what you did.

1476
01:17:30,012 --> 01:17:34,049
We know you did it and we know
you knew you were doing it.

1477
01:17:34,116 --> 01:17:35,050
That was victory.

1478
01:17:35,117 --> 01:17:38,520
And that was what I was there
for.

1479
01:17:38,587 --> 01:17:39,821
- [Rob] All right.

1480
01:17:39,888 --> 01:17:42,157
Let's go get a drink.
- Perfect!

1481
01:17:42,224 --> 01:17:46,161
(triumphant music)

1482
01:17:46,228 --> 01:17:48,964
- It went beyond what I even
speculated

1483
01:17:49,031 --> 01:17:52,901
would be the results.

1484
01:17:52,968 --> 01:17:54,403
It was hard.

1485
01:17:54,469 --> 01:17:56,004
It was hard.

1486
01:17:56,071 --> 01:18:00,642
It was another moment of

1487
01:18:00,709 --> 01:18:03,145
shame that I experienced

1488
01:18:03,211 --> 01:18:08,617
and felt and a profound sadness

1489
01:18:08,683 --> 01:18:09,451
that I always

1490
01:18:09,518 --> 01:18:12,087
have and always carry with me
with regards

1491
01:18:12,154 --> 01:18:18,093
to these matters that we're
talking dollars and cents

1492
01:18:18,160 --> 01:18:23,098
which does not bring about the
healing

1493
01:18:23,165 --> 01:18:27,803
that the person really needs.

1494
01:18:27,869 --> 01:18:31,306
- [Rod] I hope this outcome
will cause the Basilians.

1495
01:18:31,373 --> 01:18:35,877
To rethink their position
and how they treat

1496
01:18:35,944 --> 01:18:38,447
sex abuse victims.

1497
01:18:38,513 --> 01:18:42,317
Stop listening to their
legal experts and listen

1498
01:18:42,384 --> 01:18:44,186
to their hearts.

1499
01:18:44,252 --> 01:18:47,355
And the teachings of Jesus
Christ.

1500
01:18:47,422 --> 01:18:48,190
- Oh my God, it's awesome.

1501
01:18:48,256 --> 01:18:49,991
- This represents the
largest award of punitive

1502
01:18:50,058 --> 01:18:52,461
damages against the
Catholic Church in Canada

1503
01:18:52,527 --> 01:18:53,995
and it's the first time
that a jury of average

1504
01:18:54,062 --> 01:18:55,730
citizens have judged the
church's handling

1505
01:18:55,797 --> 01:18:57,232
of sexual abuse a priest.

1506
01:18:57,299 --> 01:18:58,834
It marks a turning point
for the church in Canada

1507
01:18:58,900 --> 01:19:01,470
who to date have only been
required to pay

1508
01:19:01,536 --> 01:19:03,839
for the damage they caused
victims but have never

1509
01:19:03,905 --> 01:19:05,440
been fined or punished
for their institutional

1510
01:19:05,507 --> 01:19:06,508
conduct and complicity.

1511
01:19:06,575 --> 01:19:08,310
The hope is that this
outcome will motivate

1512
01:19:08,376 --> 01:19:10,145
change within the Catholic
Church.

1513
01:19:10,212 --> 01:19:13,415
Boomy!

1514
01:19:13,482 --> 01:19:14,216
Come on, dude.

1515
01:19:14,282 --> 01:19:15,817
- [Aaron] Come on, come on!

1516
01:19:15,884 --> 01:19:19,287
- [Rod] Alright.

1517
01:19:19,354 --> 01:19:22,691
- [Aaron] You're amazing,
congratulations.

1518
01:19:38,440 --> 01:19:41,376
- [Matt] When I heard you
testify I heard you say

1519
01:19:41,443 --> 01:19:42,210
very good things.

1520
01:19:42,277 --> 01:19:43,178
You were saying we're going to
take

1521
01:19:43,245 --> 01:19:44,179
responsibility for this.

1522
01:19:44,246 --> 01:19:45,914
We have the ability to pay for
this.

1523
01:19:45,981 --> 01:19:47,949
We acknowledge this.

1524
01:19:48,016 --> 01:19:58,460
Why did you appeal?

1525
01:19:58,527 --> 01:20:01,696
- I don't know how much of
that question I should answer.

1526
01:20:01,763 --> 01:20:02,497
- [Lawyer] I would advise not

1527
01:20:02,564 --> 01:20:04,566
to answer that question.
- That's right.

1528
01:20:04,633 --> 01:20:08,236
- Because it's under study.
- That's right.

1529
01:20:08,303 --> 01:20:11,139
(somber music)

1530
01:20:11,206 --> 01:20:19,281
(bell rings)

1531
01:20:19,347 --> 01:20:22,651
- The appeal was not a surprise.

1532
01:20:22,717 --> 01:20:27,389
Instead of saying, oh my God
look at what we have done.

1533
01:20:27,455 --> 01:20:30,025
Look at what we've done
and look at the reaction

1534
01:20:30,091 --> 01:20:32,260
of the public.

1535
01:20:32,327 --> 01:20:35,964
What we've done is so wrong.

1536
01:20:36,031 --> 01:20:40,135
We must make amends.

1537
01:20:40,202 --> 01:20:42,504
But no that's not what they did.

1538
01:20:42,571 --> 01:20:45,006
They went right back
to their old behavior.

1539
01:20:45,073 --> 01:20:47,008
Oh there's a possibility
that we may be able

1540
01:20:47,075 --> 01:20:48,276
to claw some of this back.

1541
01:20:48,343 --> 01:20:53,315
Let's take it.

1542
01:20:53,381 --> 01:20:57,519
When it came right down to
it, they reacted in a way

1543
01:20:57,586 --> 01:21:03,558
in which any profit
making organization would.

1544
01:21:03,625 --> 01:21:08,430
Never will you see the change
come from inside the church.

1545
01:21:08,496 --> 01:21:14,970
(melancholic music)

1546
01:21:15,036 --> 01:21:16,438
- [Mike] This has been
10 years in the making,

1547
01:21:16,504 --> 01:21:18,106
here's to all our friendship.

1548
01:21:18,173 --> 01:21:19,374
- Cheers.
- Cheers!

1549
01:21:19,441 --> 01:21:20,742
Let's keep doing it, cheers.

1550
01:21:20,809 --> 01:21:22,010
- Cheers.

1551
01:21:22,077 --> 01:21:23,144
- [Patron] Cheers.

1552
01:21:23,211 --> 01:21:28,149
- My whole purpose of going
to trial was not money.

1553
01:21:28,216 --> 01:21:30,000
My whole purpose was to get the

1554
01:21:28,216 --> 01:21:30,000
story out

1555
01:21:30,000 --> 01:21:31,586
My whole purpose was to get the

1556
01:21:30,000 --> 01:21:31,586
story out

1557
01:21:31,653 --> 01:21:35,590
into the public as much
as I possibly could.

1558
01:21:35,657 --> 01:21:38,994
Not just for myself but for all

1559
01:21:35,657 --> 01:21:38,994
the others

1560
01:21:39,060 --> 01:21:45,267
who had been sexually
abused just as I had.

1561
01:21:45,333 --> 01:21:46,968
And that to me was the best
thing

1562
01:21:47,035 --> 01:21:51,139
that could have happened
out of this trial.

1563
01:21:51,206 --> 01:22:09,224
(somber music)

1564
01:22:17,999 --> 01:22:33,348
♪


