April 14, 2010 in City

Boy Scouts found negligent in Oregon

Jury awards man $1.4 million in abuse case
William Mccall Associated Press
 
Jamie Francis Oregonian photo

Kerry Lewis leans into his lawyer Paul Mones after the verdict against the Boy Scouts of America was announced in Portland on Tuesday. The group was found negligent for sexual abuse by assistant Scoutmaster Timur Dykes. Oregonian
(Full-size photo)

PORTLAND – A jury delivered an embarrassing rebuke to the Boy Scouts of America on Tuesday when it found that the organization failed to protect a man who was molested by an assistant Scoutmaster in the early 1980s.

Jurors awarded $1.4 million to the former Portland man and decided that the Irving, Texas-based organization was liable for up to $25 million in punitive damages that will be decided in a separate phase of the trial.

Over the first three weeks of testimony, secret Scout “perversion files” – records of known sex offenders – were used as evidence, though it’s unclear if jurors consulted the documents while deliberating over two days.

The Scouts denied allegations of negligence and said the files actually helped them keep child molesters out of their ranks.

Lawyers for Kerry Lewis, 38, the victim who filed the lawsuit, argued the Boy Scouts organization was reckless for allowing former assistant Scoutmaster Timur Dykes to continue to associate with the victim’s Scout troop after Dykes acknowledged to a bishop for the Church of Jesus Christ of Latter-day Saints early in 1983 that he had molested 17 Boy Scouts.

Dykes was later convicted three times of various abuse charges involving boys and served time in prison. Shortly before trial, he acknowledged in a deposition to abusing Lewis.

The Boy Scouts must pay $840,000, or 60 percent, of the $1.4 million verdict while the Cascade Pacific Council must pay 15 percent, or $210,000.

The church’s $350,000 portion, or 25 percent, was considered to be part of its settlement so that money has already been paid, said church attorney Steve English.

“We settled these claims well over a year ago and were able to give the victims compensation to start their healing process,” he said, adding that “the LDS church absolutely condemns any kind of child abuse.”

Deron Smith, Boy Scouts national spokesman, said the organization believes the allegations against its efforts to protect young people are not valid and the Scouts will appeal.

“We are saddened by what happened to the plaintiff. The actions of the man who committed these crimes do not represent the values and ideals of the Boy Scouts of America,” he said.

All lawyers in the case declined comment pending the second phase of the trial to determine whether to award $25 million in punitive damages.

At least five other similar claims are pending against the Scouts.

Kelly Clark, an attorney for Lewis, introduced the confidential files to argue that the Boy Scouts was negligent because the files were not used to protect boys from alleged sex abusers but instead were kept secret.

Although the existence of “perversion files” kept by the Boy Scouts at its national headquarters has been known for awhile, the Portland case is believed to be only the second time any of the documents have been seen by a jury.

Chuck Smith, the Boy Scouts’ attorney, told the jury the files helped the Scouts keep potential pedophiles out of the organization. He also said the Scouts relied on local Scout leaders and volunteers to take action because they were supervising the boys.

The Lewis case is set to resume Tuesday.

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