Advice to the Sinners and Denial by the Saints: The New Orleans’ Saints Uncertain Role in the Roman Catholic Church’s Child Abuse Scandal

Advice to the Sinners and Denial by the Saints: The New Orleans’ Saints Uncertain Role in the Roman Catholic Church’s Child Abuse Scandal

By Rachel Insalaco*   

Introduction

Despite their team name, one might initially guess that the New Orleans Saints have little to do with the Catholic church.[1] Recent events, however, have shed light on the possible dark side of a long-shared relationship between the National Football League (NFL) team and the Archdiocese of New Orleans.[2] Pseudonymous plaintiff “John Doe” has implicated the Saints in an ongoing civil lawsuit against the Archdiocese by demanding the release of emails exchanged between the team and the church.[3] Although both parties acknowledge that the Saints provided public relations advice to the Archdiocese in the wake of the Catholic church’s child molestation scandal, they publicly disagree about the scope of the Saints’ involvement in the church’s response.[4] This note will begin by recounting the background of the lawsuit against the Archdiocese by Doe and describing the decades-long relationship between the New Orleans Saints and the Archdiocese of New Orleans.[5] It will then take a closer look at the nature of the Saints’ involvement in the church’s child molestation scandal and analyze the legal issues facing the team.[6] Finally, this note will conclude by identifying possible recourse that the NFL may take against the Saints if it so chooses.[7]

Doe v. Archdiocese of New Orleans

            The plaintiff in this case, who is referred to in court documents by the pseudonym “John Doe,” filed suit against the Archdiocese of New Orleans in 2018.[8] The suit’s focus is ex-deacon George F. Brignac, whom Doe alleges sexually abused him from the time he was eight to thirteen years old in the 1970s and ‘80s.[9] At the time, Brignac was serving at Holy Rosary Church in New Orleans after being transferred from St. Matthew School following a trial for child molestation.[10] Brignac was accused of sexually abusing young children twice more, both in the early 1980s and in 1987, and was indicted in a separate case in 2019 for the aggravated rape of a young boy in the 1970s.[11] Although the Archdiocese banned Brignac from the ministry following these incidents, he remained active with the church through his role as a lay minister.[12] Further, Brignac frequently interacted with children through leadership roles he held in the Knights of Columbus organization as recently as last year.[13]

            Doe’s lawsuit against the Archdiocese alleges “negligence, fraudulent concealment, public nuisance and vicarious liability related to [his] alleged sexual abuse.”[14] These claims are grounded in the fact that church officials were aware of the numerous credible allegations against Brignac but routinely transferred him to positions involving one-on-one access to children, rather than terminating and reporting him.[15] Notably, Brignac only stopped serving as a lay lector in New Orleans in 2018, after news of a $500,000 settlement between the Archdiocese and the family of a man whom Brignac had repeatedly raped as an eight-year-old boy in the 1970s became public.[16]

The New Orleans Saints’ Ties to the Archdiocese of New Orleans

            New Orleans Archbishop Gregory Aymond has long been a staple on the sidelines of New Orleans Saints games.[17] He has frequently celebrated masses with the team before big games, including the Saints’ only Super Bowl in 2010, and is a fixture in the team’s box at the Superdome.[18] Archbishop Aymond’s involvement with the team can be tied to his relationship with owner Gayle Benson and her late husband, Tom.[19] Both Gayle and Tom were friendly with Archbishop Aymond even before they were married in 2004, and the three have shared significant milestones with one another.[20] Upon Tom Benson’s passing in 2018, Archbishop Aymond eulogized him and oversaw a two-day public visitation at Notre Dame Seminary, “an honor typically reserved for clerics.”[21]

            Gayle and Tom Benson were very active in the church for many years prior to their friendship with Archbishop Aymond, as well.[22] The couple has donated millions of dollars to Catholic causes across the country, including at least $11 million to the Archdiocese of New Orleans.[23] The extent of the Bensons’ charitable giving led the church to award them with the Pro Ecclesia et Pontifice, “the highest papal honor bestowed on lay members.”[24]

New Orleans Saints’ Involvement in Doe v. Archdiocese of New Orleans

            During discovery, Doe’s attorneys uncovered emails between Saints officials and the Archdiocese offering public relations advice in the wake of the church’s sexual abuse scandal.[25] The Saints maintain that the Archdiocese reached out to many organizations, including themselves, in anticipation of negative press coverage.[26] In a statement addressing the issue, the team indicated that Senior Vice President for Communications Greg Bensel’s advice to the Archdiocese had been straightforward: “Be direct, open and fully transparent, while making sure that all law enforcement agencies were alerted.”[27]

            Doe’s attorneys, however, insist that Saints personnel played a much more active role in the Archdiocese’s handling of the claims against them than initially believed.[28] In particular, they contend that the Saints played a “transformative role in compiling the Pedophile List,” a list of at least 63 New Orleans-area clergy members who are credibly suspected of child molestation.[29] Further, they have questioned whether donations by the Bensons have contributed to settlements paid to victims by the Archdiocese after Archbishop Aymond admitted “[turning] to ‘benefactors’ to pay sexual abuse claims,” though Gayle Benson has vehemently denied such contributions.[30] In an effort to uncover the full extent of the Saints’ involvement in the scandal, Doe’s attorneys subpoenaed the team for all communications between the team and the Archdiocese.[31] While the Saints identified 305 documents relevant to the request, team officials marked 276 of these as confidential and refused to disclose them publicly.[32]

            Doe’s attorneys maintain that the undisclosed documents reveal that the Saints aided the Archdiocese in its “pattern and practice of concealing its crimes.”[33] They argue that the Saints are shielding the communications in order to avoid public backlash.[34] The Saints, however, have stated that their goal is simply to ensure that the documents are properly admitted under the rules of evidence.[35] The Louisiana state court in New Orleans appointed a special master to preside over a hearing concerning the release of the documents.[36] Following a series of series of briefs filed in support of the release of the documents for the public benefit, including by the Associated Press, Judge Carolyn Gill-Jefferson did not arrive at a decision at an open hearing on February 20, 2020.[37] Presiding Judge Ellen Hazeur is expected to rule on the issue after receiving recommendations from Judge Gill-Jefferson.[38]

The Saints’ Uncertain Future

            The NFL has not ordered an investigation into the Saints’ involvement with the church scandal and likely will not unless the documents in question reveal “troublesome actions.”[39] Nonetheless, the Saints could still face adverse consequences.[40] For one thing, Saints executives may be forced to testify as witnesses in the high-profile Doe v. Archdiocese trial.[41] Further, the NFL and commissioner Roger Goodell retain broad discretion to punish teams and officials under the league’s personal conduct policy.[42] Both this policy and Article VII of the league constitution authorize NFL leadership to punish parties for any conduct that undermines the league’s reputation.[43] Such punishments may constitute suspensions or fines not surpassing $500,000, and they may be imposed at any time.[44]

            Although no documents have yet been released to the public, speculation about their contents is likely of concern to the NFL.[45] Conjecture about the Saints’ possible role in concealing instances of child abuse presumably undermines league efforts to support children health and well-being, and the inclusion of NFL insignia on official Saints’ communications implicates the league in the situation.[46] The league will likely be monitoring the suit closely as it approaches either litigation or settlement.[47]

*Staff Writer, Jeffrey S. Moorad Sports Law Journal, J.D. Candidate, May 2021, Villanova University Charles Widger Sch

[1] See Michael McCann, Saints Lending PR Advice to Local Archdiocese Raises Legal Questions, Sports Illustrated (Jan. 24, 2020), https://www.si.com/nfl/2020/01/25/saints-execs-email-shielding-catholic-sexual-abuse-crisis (“On the surface, the Saints would seem to have little or nothing to do with the Archdiocese or any other religious organization.”).

[2] See Associated Press, How deep ties, millions reportedly connect Saints, Gayle Benson and archdiocese amid sex abuse crisis, NOLA (Feb. 12, 2020), https://www.nola.com/news/article_a8de5112-4dae-11ea-95a0-0fc1e77bf42e.html [hereinafter “Deep Ties”] (noting “powerful bond that the [Saints’] devoutly Catholic owner, Tom Benson, and his now-widow Gayle built for years with church leaders”).

[3] See McCann, supra note 1 (reiterating Doe’s attorneys’ contention that “emails sent between the Saints and the Archdiocese are relevant because they illuminate ‘a continuation of the Archdiocese’s pattern and practice of concealing its crimes’”).

[4] Compare “Saints issue statement: We advised Archdiocese to be transparent; are repulsed by past actions of some clergy,” WWL (Jan. 24, 2020), https://www.wwltv.com/article/news/local/orleans/saints-issue-statement-we-advised-archdiocese-to-be-transparent-are-repulsed-by-past-actions-of-some-clergy/289-d8e25c31-c874-4262-adba-85ffc18843b9 [hereinafter “Saints issue statement”] (recounting statement from Saints that “Greg Bensel, Senior Vice President of Communications for the new Orleans Saints, was contacted and offered input on how to work with the media”) with Michael McCann, What the Latest Allegations Mean for the Saints in the Clergy Child Sexual Abuse Case, Sports Illustrated (Jan. 30, 2020), https://www.si.com/nfl/2020/01/31/saints-new-orleans-archdiocese-sexual-abuse-case (noting Doe’s attorneys’ contention that “the Saints played a transformative role in compiling the Pedophile List [a list identifying 63 clergy members credibly believed to have preyed on children in New Orleans during the 20^th century]”).

[5] For a further discussion about John Doe’s ongoing lawsuit against the Archdiocese of New Orleans and the relationship between the Archdiocese and the New Orleans Saints, see infra notes 8-24 and accompanying text.

[6] For a further discussion about legal issues facing the Saints in light of John Doe’s lawsuit against the Archdiocese of New Orleans, see infra notes 26-38 and accompanying text.

[7] For a further discussion about the NFL’s discretionary options for punishing the New Orleans Saints, see infra notes 39-47 and accompanying text.

[8] See Amanda Roberts, Archdiocese files documents to dismiss church sex abuse lawsuit based on NOLA No-call lawsuit dismissal, FOX (Sep. 12, 2019), https://www.fox8live.com/2019/09/13/archdiocese-files-documents-dismiss-church-sex-abuse-lawsuit-based-nola-no-call-lawsuit-dismissal/ (noting that lawsuit against Archdiocese of New Orleans had been ongoing for “about a year”).

[9] See id. (“The lawsuit outlines how Brignac sexually abused him at Holy Rosary Church from the time he was eight to 13-years-old in the 1970s and 80s.”).

[10] See McCann, supra note 1 (describing how Brignac was arrested in 1977 “on three counts of indecent behavior with a juvenile” and found not guilty at trial).

[11] See id. (recounting charges against Brignac from 1970s to present day).

[12] See Rob Tornoe, New Orleans Saints deny attempt to keep Catholic Church sex abuse emails hidden, Philadelphia Inquirer (Jan. 24, 2020), https://www.fox8live.com/2019/09/13/archdiocese-files-documents-dismiss-church-sex-abuse-lawsuit-based-nola-no-call-lawsuit-dismissal/ (nothing that Brignac was “banned from the ministry and defrocked in 1988 following allegations of child molestation” but “remained involved with the church as a lay minister”).

[13] See Jim Mustian and Kevin McGill, Abuse finding didn’t end ex-deacon’s work with children, Associated Press (July 31, 2019), https://apnews.com/ba9600dbeb5b419b993aa26504778a2a (“. . . [M]ore than 2,500 archdiocese records obtained by AP show Brignac had interacted with children through the Knights of Columbus, where he held positions usually reserved for priests within the fraternity, including chaplain and a spiritual adviser role known as “Faithful Friar.”).

[14] McCann, supra note 1 (summarizing grounds of Doe’s lawsuit against Archdiocese of New Orleans).

[15] See Jim Mustian, NFL’s Saints fight to shield emails in Catholic abuse crisis, associated Press (Jan. 24, 2020), https://apnews.com/8a88d4d188c04751d9731a49081d5d3c?utm_source=Twitter&utm_medium=AP&utm_campaign=SocialFlow (providing that Brignac served as lay minister and Knights of Columbus leader, with access to children, until news stories about him became public in 2018 and prompted his ouster).

[16] See “Archbishop Aymond: How defrocked deacon George Brignac remained lector and his status going forward,” NOLA (July 8, 2018), https://www.nola.com/article_72e47ba7-4a0b-5d2e-af83-8127f6490439.html (“Brignac, 83, remained in this public role even after the Archdiocese of New Orleans this spring quietly paid more than $500,000 to settle claims that he repeatedly raped an 8-year-old altar boy at Holy Rosary School more than three decades ago.”).

[17] See “Deep ties,” supra note 2 (describing Archbishop Aymond as “almost a part of the team”).

[18] See id. (“Aymond has been spotted on the field at Saints games and inside the team’s Superdome box and has flown on the owner’s private jet. He is known for celebrating stirring pregame Masses, including one before the team’s lone Super Bowl appearance in 2010, when he correctly predicted victory and joined in a rendition of ‘When the Saints Go Marching In.’”).

[19] See Mike Triplett, Gayle Benson: Saints did nothing wrong in helping Archdiocese of New Orleans, ESPN (Feb. 10, 2020), https://www.espn.com/nfl/story/_/id/28674764/gayle-benson-saints-did-wrong-helping-archdiocese-new-orleans (describing Gayle Benson as “a devout Catholic who has a longstanding friendship with Archbishop Gregory Aymond”).

[20] See “Deep ties,” supra note 2 (noting that Archbishop Aymond arranged for Bensons to meet Pope Benedict XVI in 2011 and served as witness to signing of will that gave Gayle control of Tom’s business empire, including ownership of Saints and New Orleans Pelicans).

[21] Id. (indicating depth of relationship between Bensons and Archdiocese).

[22] See John Hendrix, Gayle Benson: Speculation of Saints involvement in clergy sex abuse list ‘sickens’ her, Sports Illustrated (Feb. 11, 2020), https://www.si.com/nfl/saints/news/gayle-benson-statement-saints-archdiocese-new-orleans (noting Gayle Benson’s assertion that her and Tom’s “relationship with the past Archbishops and the Archdiocese dates back 50plus years”).

[23] See “Deep ties,” supra note 2 (describing donations by Bensons to fund renovations at Notre Dame Seminary in New Orleans as well as to Catholic educational institutions in New Orleans and San Antonio).

[24] Id. (noting extent of Bensons’ charitable donations to Catholic institutions).

[25] See Adam Wells, New Orleans Saints Allegedly Gave Catholic Diocese PR Help Amid Sex Abuse Crisis, Bleacher Report (Jan. 24, 2020), https://bleacherreport.com/articles/2872985-new-orleans-saints-allegedly-aided-catholic-diocese-in-sex-abuse-coverup (referencing emails from Saints executives “offering public relations help to the city’s Roman Catholic archdiocese as it dealt with multiple allegations of sexual abuse against its clergy members”).

[26] See “Saints issue statement,” supra note 4 (“The Archdiocese reached out to a number of community and civic minded leaders seeking counsel on handling the pending media attention that would come with the release of the clergy names in November of 2018.”).

[27] Id. (recounting advice allegedly provided to Archdiocese).

[28] See McCann, supra note 4 (stating Doe’s attorneys’ belief that “what began as a ‘public relations campaign’ would later ‘evolve into something much more’”).

[29] Id. (contending that such activity would show that Saints “[k]new of the specific allegations of sexual abuse against a priest,” “[h]ad supporting documentation of the alleged abuse,” and [m]ade a judgment call about whether those allegations by a particular victim against a named priest were, in its opinion, legitimate enough to warrant being mentioned on the Pedophile List”).

[30] See “How Deep ties,” supra note 2 (quoting Gayle Benson’s statement that “to suggest [she] would offer money to the Catholic Church for anything related to the clergy molestation issue sickens [her]”).

[31] See id. (“Last year the Saints received a subpoena for emails, letters, direct messages, text messages and other correspondences between ownership, management and the Archdiocese.”).

[32] See id. (stating that Saints had identified 276 of 305 documents as confidential and “thus not subject to disclosure”).

[33] Mustian, supra note 15 (describing Saints’ alleged role in Archdiocese child molestation scandal).

[34] See id. (quoting Doe’s attorneys’ court filing as stating, “The Saints realize that if the documents at issue are made public, this professional sports organization also will be smearing itself”).

[35] See “Saints issue statement,” supra note 4 (“Until the documents are admitted into evidence at a public trial or hearing in the context of relevant testimony by persons having knowledge of the documents and the events to which they pertain, the use of the documents should be limited to the parties to the case and their attorneys.”).

[36] See Associated Press, Judge orders open hearing on Saints’ emails with Archdiocese of New Orleans, ESPN (Feb. 13, 2020), https://www.espn.com/nfl/story/_/id/28693668/judge-orders-open-hearing-saints-emails-archdiocese-new-orleans (announcing date of hearing on confidentiality of documents and noting that press and public would be permitted to attend).

[37] See Mike Triplett, No decision on revealing emails between Saints officials, church after hearing, ESPN (Feb. 20, 2020), https://www.espn.com/nfl/story/_/id/28745398/no-decision-revealing-emails-saints-officials-church-hearing (stating that no immediate decision was made concerning release of documents following hearing).

[38] See id. (“Gill-Jefferson said she will give her recommendation on how to proceed to presiding Judge Ellen Hazeur after reviewing Thursday’s arguments and the briefs that were submitted by attorneys.”).

[39] See Daniel Kaplan, NFL not investigating New Orleans Saints advising church in its response to pedophilia case, source says, The Athletic (Jan. 29, 2020), https://theathletic.com/1570613/?source=twittered (stating that NFL has no plans to investigate New Orleans Saints unless emails between team and Archdiocese show “troublesome actions”).

[40] See McCann, supra note 4 (“In other words, just because the NFL reportedly isn’t investigating the Saints doesn’t mean that is a permanent state of affairs.”).

[41] See McCann, supra note 1 (noting that “[d]epending on the trajectory of the litigation, Saints executives could become witnesses in a high-profile clergy abuse case”).

[42] See McCann, supra note 4 (summarizing NFL’s personal conduct policy and Article VII of league constitution and stating that “[t]he NFL and commissioner Roger Goodell enjoy considerable discretion in deciding whether and when to punish a team”).

[43] See id. (providing that “[u]nder both the personal conduct policy and Article VII of the league constitution, any conduct that undermines the league’s brand and image can trigger a range of punishments”).

[44] See id. (noting that punishments under personal conduct policy and Article VII may include “suspensions and fines of up to $500,000.”).

[45] See McCann, supra note 1 (listing several concerns NFL is likely to have in wake of Saints’ role in church’s sexual abuse scandal).

[46] See id. (explaining that Saints’ involvement in lawsuit “arguably undermines” league’s marketing efforts to highlight its care “about children and their well-being”).

[47] See id. (“The league, though, will no doubt be watching for developments.”).