Court deals blow to Seton Hall sex abuse survivors, keeps bombshell report secret

nypost.com

A court has blocked the public release of a Seton Hall University report detailing allegations of former Cardinal Theodore McCarrick’s sexual misconduct, overturning a lower court’s order to reveal the findings, which Seton Hall has tried to hide for years.

The factual findings of a massive, 20,000-page internal probe Seton Hall commissioned on clergy sex abuse at the Catholic school — including who knew what and how the school responded — are protected by attorney-client privilege, the New Jersey appellate court said this week.

Aerial view of Seton Hall University, with the main gothic-style building in the center surrounded by other campus buildings and residential homes.

A New Jersey appeals court has blocked the public release of a Seton Hall University report detailing how the school investigated sex abuse allegations. vin – stock.adobe.com

That flips a prior decision in November by a trial judge who ruled that since the school didn’t directly hire the law firm that conducted the probe — Latham & Watkins — no privilege existed and the docs were fair game.

“We are persuaded by [Seton Hall University]’s contention that the court erred when it found that no attorney-client relationship existed,” the court ruled.

While those two sections on the evidence of McCarrick’s misconduct and how the school responded will remain under wraps, the court ruled that a third section regarding the school’s Title IX policies and protocols can be made public.

“The public interests, namely eradicating sexual harassment and abuse as well as increasing transparency at SHU and in the Church, weigh strongly in favor of disclosure of this part,” the ruling states. 

Cardinal Theodore McCarrick speaks against vilifying refugees at a news conference.

Cardinal Theodore McCarrick — who was expelled from the priesthood in 2019 and died last year — was accused by at least 10 victims. Getty Images

“While we are pleased that the Appellate Division compelled the production of some parts of the Latham Report, we are still digesting the opinion and considering our appeal options with respect to the rest of the decision,” said attorney Gabriel C. Magee, who represented the survivors in the appeal case.

Existence of the Latham Report was first exposed in a 2024 Politico report which revealed that the current Seton Hall president, Monsignor Joesph Reilly, failed to report sexual abuse allegations — a violation of federal Title IX funding law.

It’s unclear if more details regarding Reilly will be contained in the green-lit Title IX section of the Latham Report. 

Attorneys representing victims in a 450-plaintiff sex abuse lawsuit against Seton Hall and the Archdiocese of Newark said they only found out about the investigation via the media.

Months after the existence of the report was revealed, a lower court judge ruled that the school violated discovery orders when it failed to produce all documentation related to the abuse.

Monsignor Joseph Reilly smiling while wearing glasses and a clerical collar.

Current Seton Hall president Monsignor Joesph Reilly failed to report sexual abuse allegations — a violation of federal Title IX funding law, according to exposed Seton Hall documents. Seton Hall University

The 2019 probe examined how Seton Hall responded to allegations that McCarrick, the ex-archbishop of Newark, had sexually abused seminarians at Seton Hall over decades.

McCarrick — who was expelled from the priesthood in 2019 and died last year — was accused by at least 10 victims, including one who claimed in a lawsuit last year that he ran a sex abuse ring out of his Sea Girt beach house

The board at the ritzy school — which has matriculated a bevy of elites including former governors, members of Congress and where Supreme Court Justice Sam Alito taught law as an adjunct — still voted Reilly into the top post, even though it was aware of the report recommending he not hold any leadership positions, according to Politico.

Cardinal Joseph Tobin and the board installed Reilly in 2023.

That same board included former New Jersey first lady Mary Pat Christie, who stepped down this summer amid the controversy, Politico reported

While a summary of the report was made public, Reilly’s alleged Title IX violations were not included.