An associate New York State Supreme Court judge blocked two motions by defense lawyers in the Edwin Gaynor case last week, rejecting a request by the Archdiocese of New York to have portions of complaints by Daniel Fagan and David B. Fox stricken from the record.
On Aug. 20, Hon. Steven M. Jaeger officially denied the Archdiocesan plea to disqualify a total of 12 statements included in the complaints that highlight the fact that Gaynor—a former teacher and coach employed by several Catholic schools in Westchester County over 28 years—seemingly admitted wrongdoing in several communications to the law firm Lowey Dannenberg PC, which represents the plaintiffs.
Since November 2019, 23 former students and players have come forward to file lawsuits against Gaynor, the Archdiocese of New York and the parishes in which Gaynor served, including Immaculate Heart of Mary in Scarsdale, Holy Rosary in Hawthorne and St. Bernard’s in White Plains. Each of the allegations charges that the willful inaction of church and school officials allowed Gaynor’s abuse to continue for nearly three decades.
In hand-written letters which were entered into evidence, Gaynor admitted to molesting two of the plaintiffs, but denied several of the other claims. Attorneys for the Archdiocese argued that Gaynor’s written declarations were irrelevant to the Fagan and Fox cases and were only included to potentially “inflame” a potential jury to the detriment of the co-defendants.
“The diocese alleges that the complaint contains irrelevant, scandalous and prejudicial information from other actions in which defendants Mr. Gaynor, the Archdiocese and [The Immaculate Heart of Mary] are also co-defendants,” read the motion.
In his denial, however, the judge disagreed with the defense’s assertion that Gaynor’s letters had no immediate bearing on the Fox or Fagan cases, citing previous court decisions that upheld the inclusion of otherwise prejudicial material in lawsuits, providing the information was relevant to the case at hand.
“In this instant matter, although the allegations in the Complaint may be deemed prejudicial by the Defendant, they are also relative to the Plaintiff’s claims of abuse, knowledge of abuse by the Defendants, and alleged pattern of abuse by Defendant Gaynor, and admissions or declarations against interest by Defendant Gaynor,” Jaeger wrote.
This latest ruling follows an Aug. 12 decision to grant the plaintiffs the ability to consolidate the Fagan action with 18 of the other cases filed against Gaynor. Two more accusers have come forward with allegations against Gaynor since that time. The case brought by David Fox—who is currently living in hospice care in California—has been excluded from the consolidation order due to Fox’s health concerns, and the latest accuser, Robert Reno, filed his lawsuit separately and did not include Gaynor as a co-defendant.
The Fox case will likely be expedited due to the plaintiff’s failing health, as the 66-year-old California resident’s lawyers sought to compel discovery from the defendants in a request filed on Aug. 21. Fox’s lawyers are asking for IHM and the Archdiocese to produce any documents, yearbooks, employment records and more pertaining to Gaynor’s role with the school by Sept. 11.
