06/25/2007

By LISA RATHKE  / Associated Press

A mistrial was declared Monday in the case of a Virginia man who accused the Roman Catholic Diocese of Burlington of negligence for the alleged actions of one of its priests.

Chittenden County Superior Court Judge Ben Joseph declared the mistrial at the request of lawyers for James Turner, 46, of Virginia Beach, Va.

Turner sued Alfred Willis and the Diocese over a 1977 incident in which he said the former priest performed a sex act on him and attempted a second alleged assault. Willis settled out of court and was removed as a defendant in the case.

Joseph ended the trial because of questions asked by diocesan attorney David Cleary, who cross-examined Turner and inquired about the relationship between the victim's brother, Bernard Turner, and Willis.

Joseph said Cleary violated a pre-trial ruling dealing with limits on questions that could be asked about the nature of the relationship between Bernard Turner and Willis. The ruling came after Turner's lawyers moved for the mistrial, saying the questions put to Turner denied them a fair trial.

Turner, formerly of Derby, wept in court when Joseph announced the decision. Both sides said they were extremely disappointed.

"I think it was unfounded, unfair and precipitous," Cleary said outside court.

Jerome O'Neill, one of Turner's lawyers, said the decision benefits the diocese.

"The diocese wins again," O'Neill said. "It manages to keep a complainant from coming forward."