Deborah McIlmail, who’s suing the Archdiocese of Philadelphia for allegedly contributing to her son’s death, wants to buttress her case with records contained in a “secret archive” at the archdiocese.
Sean McIlmail allegedly was molested by the Rev. Robert L. Brennan between 1998-2001, while he was a student at Resurrection of Our Lord Catholic School in Rhawnhurst. Sean died in 2013 at the age of 26 due to a drug overdose.
McIlmail holds Brennan; Brennan’s former supervisor, Msgr. William J. Lynn; and the archdiocese responsible for Sean’s death. She filed suit in 2013, seeking more than $50,000 in damages.
The secret archive contains sensitive personnel records for local priests accused in various scandals over the past several decades. The archdiocese refuses to divulge secret-archive materials requested by McIlmail, citing religious-freedom rights, privacy concerns and other reasons.
Brennan was arrested and charged with forcible rape in September 2013, but he was released from jail the following month, after Sean died.
Brennan, 78, is retired and lives in Perryville, Md. In court papers, he denies molesting Sean.
Lynn, 65, is incarcerated at a state prison in Waymart, due to a child-endangerment conviction in a different case.
The McIlmail case has been plagued by discovery disputes, including McIlmail’s request for additional records contained in the archdiocese’s secret archive.
She’s received some secret-archive materials pertaining to Brennan, but she wants more. She also seeks secret-archive materials for 18 other priests who were supervised by Lynn.
“The secret archives sought by [McIlmail] may provide even more evidence of the archdiocese’s pattern of deceit, and their intentional subordination of the safety of children to their own self interest,” states a recent filing by her attorneys.
But the archdiocese refuses to turn over the materials.
“The archdiocese objects to the production of files pertaining to 18 non-party priests in this matter, who are not alleged to have had any involvement with the facts and circumstances underlying plaintiff’s claims,” according to an archdiocese’s filing.
The filing also notes that McIlmail received numerous records pertaining to church officials from the Philadelphia District Attorney’s Office.
According to the archdiocese, those records “consist of thousands of documents related to more than 20 priests in addition to Robert Brennan, all of whom have nothing to do with plaintiff’s alleged abuse.”
Moreover, victims and other individuals identified in the secret archive “have a protectable right to privacy,” thus the archives should remain confidential, according to the archdiocese.
Brennan’s attorney, Trevan P. Borum, said it would be wrong to release any files in the secret archive pertaining to his client’s mental-health treatment.
“Any release of mental-health records pertaining to my client without an express waiver from him would be a violation of federal law,” Borum told PGN.
A jury trial in the case isn’t expected until May 2017.
A 2005 grand-jury report noted that officials within the archdiocese routinely covered up allegations of child molestation and transferred predatory priests to other parishes rather than stripping them of pastoral duties.