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As Hennepin County attorney, Tom Johnson went after perpetrators of child sexual abuse. Now he's helping victims

Saint Paul Pioneer Press - 4/22/2018

April 22--Serving as Hennepin County attorney for more than a decade, Tom Johnson sat across tables from too many people who had horrible things happen to them.

Amid the blur of faces and stories, one still sticks in his memory after nearly 30 years.

The boy was one of a handful of teenagers who authorities suspected had been sexually abused by the founder and former artistic director of the Children's Theatre Company of Minneapolis -- John Clark Donahue -- in the 1980s.

Johnson and his colleagues secured statements from other survivors, but they couldn't persuade the boy to open up.

He and Michael Campion, a lead investigator at the time with the Minnesota Bureau of Criminal Apprehension, went so far as to hop on a flight out of state -- where the boy and his family had relocated -- to give it one more shot.

"We got nothing," Johnson said from his law office in downtown Minneapolis as he recalled the trip. "On the flight back, Campion turns to me and says, 'Nothing good is going to come of this.' "

Five years later, Johnson learned the boy had killed himself.

"That has haunted me. ... It just goes to how deep the pain has to be. ... So if there is something I can do ..." Johnson said, trailing off as tears filled his eyes.

VOLUNTARY SERVICE

That's the story Johnson tells when asked why a seasoned attorney with a top-shelf résumé volunteered to serve as the ombudsman for the Archdiocese of St. Paul and Minneapolis.

The new job entails acting as the initial point of contact for survivors of clergy abuse who may not feel comfortable turning to archdiocesan staff or the police for help. The aim is to encourage people to come forward who might otherwise not in an attempt to foster additional healing.

The post is one of the requirements outlined in the settlement agreement reached between the archdiocese and the Ramsey County attorney's office in 2015 following the archdiocese's failed handling of clergy sexual abuse claims.

A judge recently commended the archdiocese's efforts to meet the terms of the deal, finding it "substantially compliant."

Many laud both Johnson's involvement and the archdiocese's intentions to right its past wrongs. But some still entangled in legal battles with the archdiocese say the role, regardless of who fills it, amounts to little more than putting lipstick on a pig.

"The experience I have had with this archdiocese now for over three decades is that they often say one thing and do another," said Jeff Anderson, a St. Paul attorney who has represented scores of clergy-abuse victims. Anderson also is a lead attorney on behalf of survivors in the archdiocese's ongoing bankruptcy case.

"They are good at convincing the public, the people and the prosecutors that they are doing the right things, but then we get deep into it and realize it's not what it seems," Anderson said.

PAST SKEPTICISM

Johnson understands people's skepticism with the archdiocese. As a close friend to survivors of clergy abuse, he says he's struggled with his own.

He also butted heads with the Twin Cities' former archbishop, John Nienstedt, when he did some work as a legal liaison for the archdiocese in their interactions with law enforcement and the Ramsey County attorney's office as clergy-abuse claims mounted back in 2013.

A whistle-blower ultimately exposed the archdiocese's mishandling of abuse cases.

Johnson is tight-lipped about what exactly happened, but says it was enough to lead to a "parting of ways."

He adds that if Nienstedt were still at the helm, he wouldn't have agreed to take on the unpaid position. The archdiocese is now led by Archbishop Bernard Hebda.

"I wouldn't have believed that the real intention was to get to the bottom of this and heal. But I think they are there now. That's not to say they won't make any mistakes, but it won't be because they aren't trying," Johnson said.

He points to the archdiocese's overhaul of its investigatory practices when allegations of clergy abuse surface. Now, instead of clergy investigating fellow clergy, lay people oversee those complaints.

Johnson also believes the church's decision to hire Campion and Tim O'Malley to head up the archdiocese's Ministerial Standards and Safe Environment department indicates a genuine commitment to change.

Both have extensive backgrounds in law enforcement. Campion is a former commissioner of the Minnesota Department of Public Safety and a past director of the BCA. O'Malley also previously served as director of the BCA.

"These are guys that know what they are doing and they have the highest level of integrity," Johnson said. "They are trying to do the right job and they have the skills to do it, so that is real important to me."

SENSE OF URGENCY

Another reason Johnson is up for the task is that he has more time and a sense of urgency.

About 3 1/2 years ago, the 72-year-old was diagnosed with stage 4 prostate cancer. He's been treating it ever since with chemotherapy and other drugs.

"I'm alive longer than I should be because of those treatments ... and my doctor thinks he can keep me alive for a while longer. ... I'm actually a very healthy person except for stage 4 cancer," Johnson said with a laugh.

The disease has so far been asymptomatic, enhancing Johnson's sense of gratitude each morning when he wakes up pain-free.

The diagnosis has also made him focus on certain things -- spending time with his wife, Victoria, his four children and his three grandchildren. It also led to a drastic reduction in the hours he's logging at his law firm.

That extra time makes serving as ombudsman for the archdiocese possible, Johnson said.

As he looked for a place to "park (the) gratefulness" he now feels for his life, the cancer also served as catalyst for Johnson's conversion to Catholicism, he said.

He is loath to talk about his faith, though, insisting it's created no outward change in how he lives his life and has no bearing on his work for the archdiocese and county attorney's office.

"I do not wear my religion on my sleeve," Johnson said.

'IT JUST EXPLODED'

It's Johnson's career history that made him an obvious first choice for the post, according to Ramsey County Attorney John Choi, O'Malley and others who took part in the selection.

When Johnson became Hennepin County attorney in 1979, he could count on one hand the number of child sex-abuse cases that came across his desk, he estimates.

"Then it just exploded," Johnson said.

It quickly became evident that the traditional approach of scrutinizing a victim for the necessary information to compile a winnable case wasn't working when it came to children, Johnson said. The experience of talking to professionals untrained to work with minors -- detectives and emergency room doctors -- was traumatic for children.

It prompted some to clam up or offer differing versions of what happened.

That led Johnson and others to found CornerHouse in the late 1980s, an organization that changed how child abuse cases were handled.

The model involves a professional trained in child trauma interviewing the victim in a kid-friendly environment while the other people who need to be in the know -- detectives, prosecutors, physicians, child-protection workers -- can listen unbeknownst to the victim.

Johnson also was county attorney when the sexual assault scandal involving Donahue and the Children's Theatre Company broke open in the '80s.

As the founder and artistic director at the time, Donahue was a beloved and trusted figure in the community. His sexual abuse of a number of children in the theater company sent shock waves across the Twin Cities.

'MAKE A DIFFERENCE'

Johnson's history as an advocate for child victims and interest in protecting them made Johnson a natural choice for the ombudsman role, Choi said.

"He is very knowledgeable about how investigations should happen ... (and) knows that an organization should always defer to law enforcement," Choi said. "I can say with great confidence that he is not interested in trying to cover things up or be a part of some public relations effort. This is something he truly wants to make a difference around."

Jeri Boisvert, chairwoman of the archdiocese's ministerial review board, also praised Johnson.

Boisvert, who has family members who were abused by clergy, also was the past director of the justice program for the Minnesota Department of Public Safety.

"I think he is a man of tremendous integrity ... great warmth, and I think he can maintain complete confidentiality and understand that victims need to guide this process," Boisvert said. "He is also the kind of guy who wouldn't take something on if it wasn't real."

The decision to select Johnson was an easy one, O'Malley said.

"When John Choi and I talked about potential candidates, we both agreed he was our first choice," O'Malley said. "His compassion for others and his really lifelong commitment to justice and in particular to protecting children over his career made him stand out."

IS MEANINGFUL CHANGE POSSIBLE?

Even Anderson has to admit he likes the guy. But as an attorney who has represented scores of clergy-abuse victims, Anderson doubts that even someone as skilled as Johnson can help create meaningful change inside the archdiocese.

"The person can only do as much as the authority and power they are given," Anderson said. "And so as well intended as Tom is ... I am skeptical of any claim by (the archdiocese) that they have receded any real power or authority to him to do anything other than to appear to be doing something."

One only needs look to the archdiocese's past failures to put victims' needs first and take accountability for mistakes to know what he's talking about, Anderson said.

"For years, they hid and concealed and failed to supervise offenders and when they were caught, they claimed to have cleaned it up, when in fact they hadn't and instead continued to engage in same or similar practices," Anderson said.

He said the archdiocese is continuing to engage in deceptive practices in its handling of its bankruptcy case, hiding assets and being unwilling to negotiate a fair payout for victims. The archdiocese maintains it has been forthright and well-intentioned in its bankruptcy dealings.

"They still have yet to learn the lesson that there is virtue in truth-telling, and not just speaking it but doing it," Anderson said.

Jim Keenan shares Anderson's concern about the legitimacy of the ombudsman role. Keenan, a survivor of clergy abuse, is the chairman of the committee that represents victims in the bankruptcy case.

"I am worried that this is an equivalent of a concierge in the front lobby of a nice hotel that has absolutely no power to direct you anywhere," Keenan said.

What would really help victims heal, Keenan said, would be a heartfelt apology from those involved in the archdiocese's cover-up.

He added that any gesture that the archdiocese is being court-ordered to make feels inauthentic and empty, regardless of who fills the ombudsman role.

"I'll hope it works ... but I am not going to blow sunshine at the archdiocese for doing something that would have never happened if they weren't forced," Keenan said.

TIME AND ACTIONS

Not all victims agree with Keenan.

Frank Meuers, head of the local Survivors Network of those Abused by Priests, said offering victims a place to turn that has no ties to the archdiocese could be exactly the catalyst some need to share their stories and find healing.

"This isn't totally an archdiocesan endeavor. We feel we had something to do with it," Meuers said of SNAP's involvement. "I feel it's a valid attempt to reach out to people who have concerns and questions and don't know where to turn."

O'Malley insisted the creation of the role was fueled by sincere intentions. He added that the fact that Johnson isn't being paid and reports to no one means he is a free agent working on behalf of victims' best interests.

"The church has a history that can lead some to be skeptical, but I don't question that things are different today," O'Malley said. "How do we prove that? With time and with our actions."

Hebda echoed that.

"Certainly the appointment of somebody with Tom Johnson's credentials lends credibility to what the archdiocese is doing," he said. "... I am hoping we will be able to prove to Jeff Anderson and to any skeptic that the archdiocese is truly committed to creating safe environments and protecting children."

'I TRY HARD TO LISTEN'

So far, Johnson estimates he's received about 10 phone calls as ombudsman. Not all of them have been related to clergy abuse.

"I try hard to listen," Johnson said of his approach to the work. "And to identify what people's goals are ... what they are trying to achieve by calling me and then to determine just how I can meet those objectives."

In a couple of instances, he's roped in officials from the archdiocese with the victim's permission.

He described the archdiocese's response to date as "very cooperative."

"If they aren't, I'll be raising my voice," he added.

While the role is still developing, Johnson sees himself potentially helping survivors get counseling or sit down with the appropriate people within the archdiocese if it's an apology they're after. In some cases, it might mean reaching out to the Ramsey County attorney's office or law enforcement if that fits with the survivor's wishes.

"My ultimate goal here is to try to foster some resolution that addresses the concern, maybe the pain, the harm that has been done," Johnson said.

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