Spotlight on Abuse: Paul Wancura — Anglican Watch

INDEX NO. 951416/2021

FILED: NEW YORK COUNTY CLERK 08/13/2021 03:49 PM NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 08/13/2021

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------x LEW H. CRISPIN III, Plaintiff,

Index No.:

SUMMONS

-against-

Basis of Venue: CPLR 503

DOMESTIC AND FOREIGN MISSIONARY SOCIETY OF THE PROTESTANT EPISCOPAL CHURCH a/k/a THE EPISCOPAL CHURCH, EPISCOPAL DIOCESE OF LONG ISLAND, CAROLINE EPISCOPAL CHURCH OF SETAUKET a/k/a CAROLINE CHURCH OF BROOKHAVEN, Defendants.

-------------------------------------------------------------------x To the above-named Defendant(s): YOU ARE HEREBY SUMMONED to answer the Verified Complaint in this action and to serve a copy of your answer on the Plaintiff’s attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York), and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Verified Complaint.

Dated: New York, New York August 11, 2021 SANTAMARINA & ASSOCIATES

______________________________ By: Gil Santamarina, Esq. Attorneys for Plaintiff 260 Madison Avenue, 17th Floor New York, New York 10016 (212) 965-1678 gil@santamarinalaw.com Plaintiff’s Address: 120 Pegg Road Barnardsville, North Carolina 28709

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Defendants’ Addresses: Domestic and Foreign Missionary Society of the Protestant Episcopal Church a/k/a the Episcopal Church 815 Second Avenue New York, New York 10017 Episcopal Diocese of Long Island 36 Cathedral Avenue Garden City, New York 11530 Caroline Episcopal Church of Setauket a/k/a Caroline Church of Brookhaven 1 Dyke Road Setauket, New York 11733

2

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------x LEW H. CRISPIN III, Plaintiff,

Index No.:

VERIFIED COMPLAINT

-againstDOMESTIC AND FOREIGN MISSIONARY SOCIETY OF THE PROTESTANT EPISCOPAL CHURCH a/k/a THE EPISCOPAL CHURCH, EPISCOPAL DIOCESE OF LONG ISLAND, CAROLINE EPISCOPAL CHURCH OF SETAUKET a/k/a CAROLINE CHURCH OF BROOKHAVEN, Defendants.

-------------------------------------------------------------------x Plaintiff Lew H. Crispin, III, by and through his attorneys, Santamarina & Associates, as and for his Verified Complaint against defendants Domestic and Foreign Missionary Society of the Protestant Episcopal Church a/k/a the Episcopal Church (“DFMS”), Episcopal Diocese of Long Island (the “Diocese”), Caroline Episcopal Church of Setauket, a/k/a Caroline Church of Brookhaven (“Caroline Church”) (all Defendants, collectively, “Defendants”), alleges upon information and belief as follows: PARTIES 1.

Plaintiff is an adult individual residing in the State of North Carolina.

2.

Upon information and belief, DFMS is a not-for-profit corporation duly organized

and existing under and by virtue of the laws of the State of New York, with its principal place of business at 815 Second Avenue, New York, New York 10017.

3.

Upon information and belief, DFMS is as the legal corporate entity for the

unincorporated association of the national Episcopal Church.

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4.

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Upon information and belief, the Diocese is a religious corporation duly organized

and existing under and by virtue of the laws of the State of New York, with a principal place of business at 36 Cathedral Avenue, Garden City, New York 11530.

5.

Upon information and belief, the Diocese controls all Episcopal religious, pastoral,

and educational functions in the counties of Kings, Queens, Nassau, and Suffolk, State of New York.

6.

At all relevant times, the Diocese has been an agent subject to the control of DFMS

such that the Diocese acted on DFMS’s behalf and in accordance with its instructions on all matters, including those relating to the hiring and retention of [priests?].

7.

Upon information and belief, Caroline Church is a religious corporation duly

organized and existing under and by virtue of the laws of the State of New York, with its principal place of business at 1 Dyke Road, Setauket, New York 11733.

8.

Upon information and belief, Caroline Church is an Episcopal church under the

authority of the Diocese and DFMS. 9.

At all relevant times, DFMS and the Diocese oversaw, managed, controlled,

directed, and operated Caroline Church and all those who were employed with or otherwise worked with Caroline Church, including without limitation [priests, etc.], and other personnel and volunteers, both while they were on the premises or engaged in off-premises activities related to Caroline Church.

10.

At all times relevant hereto, non-party Reverend Canon Paul The Reverend

(“Reverend”) was the Reverend of the Caroline Church, where he, inter alia, performed services before the Church’s congregation, observed the Church’s choir while rehearsing, married congregants, etc.

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11.

RECEIVED NYSCEF: 08/13/2021

In or about March of 2018, an individual entered the Reverend’s Shelter Island

home where he lived alone. The Reverend was beaten and left alone zip-tied for a period estimated at as long as seven (7) days. After being discovered by friends checking up on him, he was brought to the hospital where he had an arm amputated due to infection, to which he ultimately succumbed a month later.

12.

The circumstances surrounding the attack on the Reverend remain mysterious and

unsolved. It is also unclear what items were stolen from the Reverend’s house besides a watch and other pieces of jewelry leaving open the possibility that the perpetrator’s primary intent was to torture the Reverend, rather than steal from him.

JURISDICTION AND VENUE 13.

This Court has jurisdiction over this civil action pursuant to CPLR 301 and 302

14.

Venue properly lies in this county pursuant to CPLR 503 because DFMS resides in

this county.

15.

This action is timely commenced pursuant to the New York Child Victims Act,

CPLR § 214-g.

FACTS COMMON TO ALL CAUSES OF ACTION 16.

Plaintiff’s father divorced his mother when Plaintiff was very young and thereafter

did little to support his ex – wife or their children, financially or otherwise.

17.

Prior to taking Plaintiff and his sister to reside in Setauket, Long Island as a single

parent in or about 1975, Plaintiff’s mother was rendered disabled and largely bedridden as a result of a devastating accident in which she was hit by an oil delivery truck while riding a horse.

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18.

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Plaintiff’s mother never fully recovered from the accident and remained disabled

during all times relevant hereto. This, in turn lead her to suffer from depression. Both of these afflictions rendered her unable to obtain employment.

19.

Because Plaintiff’s father offered no financial assistance to his children and ex-

wife, Plaintiff, his mother and sister were destitute and had to rely on food stamps, other government benefits, and the assistance of local charities to survive.

20.

Shortly after moving to Setauket, Plaintiff, his mother and sister joined the Caroline

Church where Plaintiff sang in the choir.

21.

During the period in which Plaintiff, mother and sister formed part of the

congregation of Caroline Church, the Reverend was the figure of the most elevated stature at the Caroline Church. He gave sermons, performed baptisms, married congregants, and trained the choir of which Plaintiff was a part, among other things.

22.

At all relevant times, the Reverend was under the management, supervision,

direction, and/or control of Defendants.

23.

Through his position with Defendants, the Reverend had frequent and direct contact

with Plaintiff, his mother and sister.

24.

Through his position at the Caroline Church, the Reverend came to understand that

Plaintiff and his mother and sister were very poor, were defenseless and vulnerable with no one to turn to for protection.

25.

Through his position with Defendants, the Reverend was able to sexually abuse

Plaintiff on a regular basis for a period in excess of two years, or beginning when Plaintiff was eight years old and ending after Plaintiff was ten years old and ceased all contact with Defendants.

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The abuse would happen in the Caroline Church’s property on a regular basis,

before or after weekly church services or before or after choir practice. On most occasions, the Reverend would be in his robes and grab Plaintiff so that he could not get away and would rub his erect penis against Plaintiff’s back while saying prayers for the forgiveness of the Plaintiffs sins and protection of the Plaintiffs family. All these years later, Plaintiff still remembers the Reverend’s bodily stench. When engaging in this sexual abuse, the Reverend was profusely sweating, mumbling incoherently at times, breathing fast, and threatening the Plaintiff with his eyes and words to say nothing about what was happening while it was happening.

27.

After more than a year of engaging in the foregoing activity, one day after choir

rehearsal, the Reverend followed and cornered Plaintiff in the choir dressing room located in the basement of the Caroline Church’s rectory which was connected to the main church.

28.

The Reverend then told Plaintiff that if Plaintiff would perform a “special task” for

him, he would ask God to protect Plaintiff, his mother and his sister from any type of harm.

Because of his direct connection with God, the Reverend said he could guaranty that bad things would never happen to Plaintiff or his family 29.

Given Plaintiff’s mother’s disabilities and the family’s dire financial straits, at the

age of 9, the Reverend’s promise of God’s protection was very appealing. Plaintiff agreed to perform the “special task.”

30.

The “special task” the Reverend had in mind involved the Reverend’s pulling up

his gown, exposing his erect penis, and asking Plaintiff to touch it with both hands and then rub it in a manner that Plaintiff analogized – at the time – to pumping a bicycle pump back and forth until such time as the Reverend reached sexual satisfaction. The foregoing act of molestation was repeated during the course of the next year and a half, approximately.

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31.

RECEIVED NYSCEF: 08/13/2021

To secure Plaintiff’s silence, the Reverend issued Plaintiff a verbal and physical

threat, telling him that if he were to disclose the “special task” he was forcing upon Plaintiff in the basement of the rectory to anyone, the Reverend would speak to God and ask God to stop preventing bad things from happening to Plaintiff or his mother and sister; that he could not guarantee that Plaintiff would not get hurt badly by violent and bad men, the Plaintiff's mother would not get hit by another truck or that Plaintiff’s sister would not also be hurt by violent and bad men.

32.

Plaintiff interpreted the Reverend’s admonition as a threat: that if he told anyone

about the abuse being forced upon him, God would cause harm to Plaintiff, his mother and sister.

Accordingly, Plaintiff said nothing to anyone for over a year.

33.

One day after services, when Plaintiff was over ten (10) years old, the Reverend

grabbed Plaintiff in a sexual manner in front of the whole congregation. The entire congregation – including Plaintiff’s mother - witnessed this vile act and Plaintiff’s obvious look of pain and discomfort in response.

34.

After arriving home, Plaintiff’s mother demanded an explanation of what had

transpired. Plaintiff then told her about the years of sexual abuse to which he was subjected. In response, Plaintiff’s mother unsympathetically asked him what he had done to "make the Reverend do those things" to him. She then told Plaintiff that the sexual abuse was entirely his own fault; in essence, that he asked the Reverend for it and that he got what he deserved. Finally, Plaintiff’s mother directed Plaintiff never to talk about it again with her or anyone else.

35.

Plaintiff accordingly kept the events that transpired in the Caroline Church a secret

for decades.

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36.

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After several more instances of abuse within the Caroline Church, Plaintiff quit the

choir, then stopped going to church services entirely.

37.

Plaintiff suffered immensely from the Reverend’s sexual abuse at the time it was

occurring and through this day. The events scarred Plaintiff for life and led him down a path to ruin. Without limiting the extent of Plaintiff’s damages suffered at the hands of the Reverend, among other things, he has been seeing mental health professionals on and off since the age of nine (9); he has been homeless during three separate periods of his adult life due to mental instability; he suffers from substance abuse and obesity; he has been unable to hold down a job for any extended period because he would get into altercations with co-workers or superiors due to what he believed to be co-workers being bullied or hurt; he never wanted to have a child – nor has he - due to the fear of bringing another human into this world who could potentially be suffer the same harms he did at the hands of the Reverend; he has never been married nor been able to maintain relationships for extended periods of time; he never finished his education because, in large part, he was unable to sit in a classroom because of the constant fear and anxiety over the feeling that something very bad was about to happen to him; this fear and anxiety has caused him to sleep with weapons nearby to be prepared to ward off possible attacks; he has had extreme anger management problems for as long as he can remember.

38.

Approximately eighteen or twenty years after Plaintiff left the Caroline Church, an

acquaintance mentioned to him that she had heard many rumors that the Reverend was molesting children in the Caroline Church. Plaintiff disclosed that he was one of those children. This acquaintance further told him that she discussed the foregoing with her godfather who was very involved with, and held a high position within, Defendants. This official of Defendants confirmed

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that Defendants were aware of what the Reverend had done to Plaintiff and other boys attending the Caroline Church at that time and thereafter.

39.

Thus, nearly twenty years after Plaintiff was last abused by the Reverend at the

Caroline Church, Defendants acknowledged that they were aware of what had happened to Plaintiff and other boys while it was happening.

40.

Defendants acknowledged that they were aware that the problems with the

Reverend were ongoing.

41.

What this high-ranking representative of Defendants did not describe, however,

were any actions taken, or that were to be taken, to remove the Reverend from the Caroline Church for the sake of protecting its male children from this pedophile The Defendants actively permitted the Reverend to continue his illegal activity with impunity for years.

42.

This action falls within exceptions to Article 16 of the CPLR. AS AND FOR A FIRST CAUSE OF ACTION (Negligent Hiring/Retention/Supervision/Direction)

43.

Plaintiff repeats and realleges each and every allegation set forth above with the

same force and effect as though fully set forth herein.

44.

The sexual abuse of children by adults, including Reverends and other members of

the clergy, is foreseeable.

45.

Defendants, at all relevant times, represented to the public that Caroline Church

was a safe place for learning and participating in youth activities and that minors would be safe in the presence of its rectors, clergy, employees, and other church personnel.

46.

Defendants were each, at all relevant times, under an express and/or implied duty

to protect and care for Plaintiff and to provide a safe environment for Plaintiff.

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47.

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At all relevant times, Defendants each had an employer-employee relationship with

the Reverend.

48.

The Reverend was at all relevant times an agent of Defendants and subject to their

supervision, employ, and control.

49.

The Reverend sexually assaulted, sexually abused, and/or had sexual contact with

Plaintiff while on the premises of Caroline Church and/or while the Reverend was an agent of Defendants.

50.

Defendants negligently hired, retained, directed, oversaw, and supervised

Reverend, as they knew or should have known he posed a threat of sexual abuse to children.

51.

Defendants knew or should have known of the Reverend’s propensity for the

conduct that caused Plaintiff’s injuries before or about the time of the occurrence of these injuries.

52.

At all relevant times, Defendants owed a duty of care to all minor persons, including

Plaintiff, who were likely to come in contact with the Reverend to ensure that he did not use his assigned position to injure minors by sexual assault, sexual abuse, and/or sexual contact in violation of the laws of the State of New York.

53.

Defendants were put on notice of the Reverend’s improper and inappropriate

actions towards children but nevertheless hired and retained the Reverend.

54.

Defendants failed to properly supervise, manage, and control the Reverend and

placed him in positions to cause foreseeable harm, harm which would have been spared had Defendants taken reasonable care in making decisions respecting the hiring and retention of the Reverend.

55.

Defendants failed to take appropriate measures to evaluate the Reverend’s

employment and fitness at the time he was assigned to and allowed to serve at Caroline Church.

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56.

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Defendants also failed to adequately train and supervise the Reverend and

safeguard minors visiting Caroline Church.

57.

The sexual abuse of Plaintiff and Plaintiff’s injuries was a foreseeable result of

Defendants’ negligence.

58.

At all relevant times, Defendants were willful, wanton, reckless, malicious and/or

outrageous in their disregard for the rights and safety of the Plaintiff.

59.

As a direct and proximate result of Defendants’ acts and omissions, Plaintiff has

suffered and will continue to suffer severe and permanent damages AS AND FOR A SECOND CAUSE OF ACTION (Negligence) 60.

Plaintiff repeats and realleges each and every allegation set forth above with the

same force and effect as though fully set forth herein.

61.

At all relevant times, the Reverend was under the supervision, employ, direction,

and/or control of Defendants.

62.

At all relevant times, Defendants owed a duty to protect Plaintiff and other persons

in their care or custody from the Reverend’s propensity to molest children.

63.

Defendants knew, or were negligent in not knowing, that the Reverend posed a

threat of sexual abuse to children.

64.

Defendants also failed to take appropriate measures to evaluate the Reverend’s

employment and fitness at the time he was assigned to and permitted to serve at Caroline Church.

65.

At all relevant times, Defendants failed to have appropriate procedures in place for

parishioners and other persons to report sexual abuse.

66.

Defendants also failed to adequately train and supervise the Reverend and

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safeguard minors attending Caroline Church.

67.

Defendants failed and/or neglected to prevent the Reverend from molesting

Plaintiff.

68.

The Reverend’s conduct was undertaken and/or enabled during the course and/or

within the scope of their employment, appointment, assignment, and/or agency with Defendants.

69.

As a direct and proximate result of Defendants’ acts and omissions, Plaintiff has

suffered and will continue to suffer severe and permanent damages.

AS AND FOR A THIRD CAUSE OF ACTION (Gross Negligence) 70.

Plaintiff repeats and realleges each and every allegation set forth above with the

same force and effect as though fully set forth herein.

71.

At all relevant times, the Reverend was under the supervision, employ, direction

and/or control of Defendants.

72.

Defendants owed a duty to protect Plaintiff and other persons in their care or

custody from the Reverend’s propensity to molest children.

73.

Defendants knew, or were negligent or reckless in not knowing, that the Reverend

posed a threat of sexual abuse to children.

74.

Defendants also intentionally or recklessly failed to take appropriate measures to

evaluate the Reverend’s employment and fitness at the time he was allowed to serve at Caroline Church.

75.

At all relevant times, Defendants intentionally or recklessly failed to have

appropriate procedures in place for parishioners and other persons to report sexual abuse.

76.

Defendants also failed to train and supervise the Reverend and safeguard minors

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attending Caroline Church.

77.

Defendants intentionally failed to prevent the Reverend from molesting Plaintiff.

78.

The Reverend’s conduct was undertaken and/or enabled during the course and/or

within the scope of their employment, appointment, assignment, and/or agency with Defendants.

79.

Defendants’ conduct was willful, wanton, reckless, malicious, and outrageous and

in their disregard for the rights and safety of Plaintiff, which amounted to conduct equivalent of aiding and abetting the Reverend’s criminal conduct.

80.

As a direct and proximate result of Defendants’ acts and omissions, Plaintiff has

suffered and will continue to suffer severe and permanent damages.

AS AND FOR A FOURTH CAUSE OF ACTION (Breach of Non-Delegable Duty) 81.

Plaintiff repeats and realleges each and every allegation set forth above with the

same force and effect as though fully set forth herein.

82.

Plaintiff, as a minor, was placed under the care and supervision of Defendants for

the purpose of, among other things, providing him with a safe environment to participate in educational, religious, youth, and recreational activities.

83.

There existed a non-delegable duty of trust between Plaintiff and Defendants.

84.

Plaintiff was a vulnerable pre-pubescent boy with a disrupted family life, which

Defendants were aware of when Plaintiff was placed within their care.

85.

Defendants were each best position to prevent the Reverend from sexually abusing

Plaintiff and other children, to learn of the sexual abuse, to stop it, and to take prompt action so that Plaintiff could receive the proper therapy to address what had happened to him. Such prompt steps would have prevented the abuse from occurring and/or mitigated the extent of life suffering

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that Plaintiff has endured.

86.

Defendants breached their non-delegable duty to Plaintiff by letting the Reverend

abuse Plaintiff and other children entrusted to their care, by not recognizing that the Reverend was abusing Plaintiff, and/or by turning a blind eye to the abuse.

87.

As a direct and proximate result of Defendants’ acts and omissions, Plaintiff has

suffered and will continue to suffer severe and permanent damages.

AS AND FOR A FIFTH CAUSE OF ACTION (Breach of Fiduciary Duty) 88.

Plaintiff repeats and realleges each and every allegation set forth above with the

same force and effect as though fully set forth herein.

89.

At all relevant times, there existed a fiduciary relationship of trust, confidence, and

reliance between Plaintiff and Defendants based on the fact that Plaintiff, while he was a child, was entrusted to the care and supervision of the Defendants.

90.

By virtue of this entrustment, Defendants assumed a duty to watch over and protect

Plaintiff while he was on the premises of Caroline Church and to act in his best interest due to his infancy and vulnerability.

91.

Defendants breached this fiduciary duty by, inter alia, failing to monitor and

otherwise supervise the Reverend’s interactions with Plaintiff and other children.

92.

Defendants’ conduct was willful, wanton, reckless, malicious, and outrageous in

their disregard for the rights and safety of Plaintiff.

93.

As a direct and proximate result of Defendants’ acts and omissions, Plaintiff has

suffered and will continue to suffer severe and permanent damages.

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AS AND FOR A SIXTH CAUSE OF ACTION (Negligent Infliction of Emotional Distress) 94.

Plaintiff repeats and realleges each and every allegation set above with the same

force and effect as though fully set forth herein.

95.

As set forth above, Defendants acted in a negligent and/or grossly negligent

manner.

96.

Defendants’ actions and omissions endangered Plaintiff’s safety and wellbeing and

caused him to suffer, inter alia, fear, anxiety, shame, humiliation, and physical and emotional pain.

97.

As a direct and proximate result of Defendants’ acts and omissions, Plaintiff

suffered and continues to suffer severe damages, including but not limited to mental and emotional distress.

AS AND FOR A SEVENTH CAUSE OF ACTION (Breach of Duty In Loco Parentis) 98.

Plaintiff repeats and realleges each and every allegation contained above with the

same force and effect as though more fully set forth herein again at length.

99.

While he was a minor, Plaintiff was entrusted by his family to the control, custody,

and supervision of Defendants for the purpose of providing him with a safe environment to participate in educational, religious, youth, and recreational activities. During that time, while Plaintiff was under Defendants’ supervision and control, Defendants placed Plaintiff in contact with and/or close proximity to the Reverend, a known pedophile, who repeatedly molested him.

100.

Defendants knew or should have known that the Reverend was molesting Plaintiff.

101.

Defendants each owed a duty to children, such as Plaintiff, who were entrusted to

Defendants to act in loco parentis and to prevent foreseeable injuries.

102.

Defendants’ supervision and protection of Plaintiff while he was at Caroline Church

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or otherwise within their care, custody, and control fell far below that of a parent of ordinary prudence placed in the same situation and armed with the same information.

103.

Defendants’ conduct was willful, wanton, reckless, malicious, and outrageous in

their disregard for the rights and safety of Plaintiff.

104.

As a direct and proximate result of Defendants’ acts and omissions, Plaintiff

suffered and continues to suffer severe damages.

AS AND FOR AN EIGHTH CAUSE OF ACTION (Breach of Duty to Warn) 105.

Plaintiff repeats and realleges each and every allegation set forth above with the

same force and effect as though fully set forth herein.

106.

Defendants had a duty to warn Plaintiff, his family, and the greater community of

known or reasonably suspected abuse of children in their care.

107.

At all relevant times, Defendants knew or should have suspected the Reverend’s

abuse of Plaintiff.

108.

It was reasonably foreseeable that the Reverend was a child predator years before

he began molesting Plaintiff as well as during and after the period of such abuse.

109.

Had Defendants exercised reasonable prudence and care, they would have informed

Plaintiff, his family, the greater community, and/or the police of the sexual abuse by the Reverend.

110.

This would have either prevented Plaintiff from being molested in the first place or

given Plaintiff the ability and opportunity to receive timely and proper treatment and care to address what had happened to him while at Caroline Church and/or under the care of Defendants.

Instead of confronting the problem and getting help for Plaintiff at a time when it would have made a difference in his life going forward, Defendants allowed Plaintiff’s suffering to metastasize for

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decades.

111.

Defendants’ failure to warn of and/or report the known or suspected sexual abuse

was knowing, willful, reckless, and outrageous and constituted a breach of duty.

112.

Defendants’ acts and omissions directly and proximately caused and will continue

to cause Plaintiff to suffer severe and permanent damages, including but not limited to physical injury and mental and emotional distress WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, on each cause of action as follows: actual and compensatory damages an amount to be determined by this Court but not less than $20,000,000.00, plus punitive damages in the maximum amount permitted by law, interest, costs, disbursements, and attorneys’ fees, together with such other, further, and different relief as the Court deems just and proper.

Dated: New York, New York August 11, 2021 SANTAMARINA & ASSOCIATES

______________________________ By: Gil Santamarina, Esq. Attorneys for Plaintiff 260 Madison Avenue, 17th Floor New York, New York 10016 (212) 965-1678 gil@santamarinalaw.com

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