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Damage award against church cut However, verdict in case involving rape allegations against ex-minister stands. Linda Leicht News-Leader A $6 million jury award has been cut in half, but the civil jury's decision stands that Teresa Norris was raped by the pastor of a local church and that the denomination did not do enough to prevent it. Judge J. Miles Sweeney ruled Monday on motions by the West Missouri Conference of the United Methodist Church to overturn the jury's May verdict in a civil suit heard in Greene County Circuit Court. Norris sued the conference, claiming the church officials had adequate warning that the Rev. David Finestead, then pastor of Campbell United Methodist Church, was guilty of sexually inappropriate language and actions. She claimed the church did not act quickly or firmly enough after receiving complaints about Finestead. Norris alleged she was attacked by Finestead at the church, where she worked as music director, on March 25, 1998. Complaints about Finestead were filed as early as 1996. The jury awarded Norris $2 million in compensatory damages, which stands. The $4 million in punitive damages was reduced by Sweeney to $1 million. "I think it's gratifying that the judge agreed with the jury," said Sid Norris, Teresa Norris' husband. "We feel that it was a good judgment." Finestead, who died shortly after the verdict, was not criminally charged in connection with the assault and did not testify. A suit against him was filed but has never gone to trial. Steve Cox, speaking for the conference, said the reduction in damages will make a difference. "It literally makes $3 million available for ministries to those in need across the state of Missouri," Cox said. "It is certainly good news." 'ERRORS' CLAIMED In a letter to the attorneys in the case, Sweeney said that the defendant's motions to overturn the verdict and to grant a new trial were overruled. During a hearing Tuesday, the defendant's attorneys argued that several "errors" were made during the trial, Cox said. Most focused on jury instructions, which the defendant claims were confusing because they did not distinguish between what is foreseeable and what is certain. Other alleged errors included the seating of an alternate juror after deliberations began and allowing damages that were "out of proportion with evidence in the trial," he said. Sweeney's letter addressed the issue of the alternate juror, but decided that use of the alternate juror did not violate the rule of law. "As to the actual damages," Sweeney wrote, "the jury obviously concluded that Teresa Norris was raped and they concluded that the church did not do enough to prevent that from happening." He also ruled that "the dollar value of what it means to be raped is certainly one within the purview of the jury." While Sweeney said the jury was not out of line for awarding punitive damages at twice its award for compensatory damages, he did determine that the conference's assets of about $4.8 million make the damage award too high. "Finally, we consider whether the church's actions were so egregious as to justify a verdict that would basically put them out of business," Sweeney wrote. "I find this is not so." Cox said the conference will appeal the ruling, which will require a bond equal to the damages award, plus 9 percent interest dating back to the May verdict. If a bonding company is used, it could cost another 10 percent. "We continue to be confident that the errors made in the trial will eventually find in our favor," Cox said. "This really just begins the appeals process in the courts," he added. "But we're also focused on doing ministry of compassion that has made the United Methodist Church a positive force in Missouri for 200 years." 'A HUGE, HUGE VERDICT' The church's attorney, Patrick McGrath of Overland Park, Kan., did not respond to a request for comments, but Norris' attorney did. "We are ecstatic," said Michael Fletcher of Kansas City. "It's a huge, huge verdict, but most importantly it reaffirms that the judge thought there was sufficient evidence that Teresa was raped and sodomized." Fletcher said Norris will appeal the reduction of the award. He said he expects the conference to appeal despite the high cost of the bond and legal fees. "Keep in mind, they could have settled the case for $750,000 the day of the trial," he said. Fletcher said the most important part of the ruling was the "validation" of Norris' accusations. He said he is prepared to go before an appellate court and even the Missouri Supreme Court, if necessary. His reasons, he said, are not about money. "This is about right and wrong."
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