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 01                        NO. 93-05258-G

 01  

 02  JOHN DOE I,  et al.            )   IN  THE  DISTRICT COURT

 02                                 )

 03                                 )

 03  VERSUS                         )   OF DALLAS COUNTY

 04                                 )

 04  REVEREND RUDOLPH KOS, et al.   )   134TH JUDICIAL DISTRICT

 05                

 05                       REPORTER'S RECORD

 06                      VOLUME____OF _____       

 06                

 07  APPEARANCES:

 07                

 08  

 08       MR. WINDLE TURLEY

 09       Attorney at Law

 09       1000 University Tower          

 10       6440 N. Central Expressway

 10       Dallas, Texas  75205

 11                

 11       MS. SYLVIA M. DEMAREST                  

 12       Attorney at Law                 

 12       DEMAREST, SMITH, PRESLAR, JONES & GIUNTA              

 13       Cedar Maple Plaza

 13       2305 Cedar Springs Road, Suite 350                  

 14       Dallas, Texas 75201

 14                

 15                                         FOR THE PLAINTIFFS

 15                

 16       MR. RANDAL MATHIS

 16       MR. DENNIS ROOSSIEN

 17       Attorneys at Law

 17       MUNSCH, HARDT, KOPF, HARR & DINAN, P. C.

 18       4000 Fountain Place              

 18       1455 Ross Avenue

 19       Dallas, Texas  75202-2711

 19                                         FOR THE DIOCESE OF  

 20                                       DALLAS                

 20                            

 21                

 21                 

 22                 

 23             On the 28th day of May, 1997, the

 24  above-entitled and numbered cause came on for a hearing

 25  before the Honorable Anne Ashby, Judge presiding of the

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 01  134th Judicial District Court of Dallas County, Texas, and

 02  a jury, at which time the following proceedings were had:

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0003

 01

 01                      W-I-T-N-E-S-S-E-S:

 02

 02                                PAGE

 03

 03  (John Doe #4)

 04         

 04  Direct Examination (Continued)

 05          By Mr. Turley...........2886

 05  Cross Examination

 06          By Mr. Mathis...........2940

 06  Redirect Examination

 07          By Mr. Turley...........2991

 07  Recross Examination

 08          By Mr. Mathis...........2996

 08  Redirect Examination

 09          By Mr. Turley...........3000

 09

 10  SISTER CAROLEEN HENSGEN

 10

 11  Direct Examination

 11          By Ms. Demarest.........3002

 12  Cross Examination

 12          By Mr. Mathis...........3020

 13  Redirect Examination

 13          By Ms. Demarest.........3022

 14  Cross Examination

 14          By Mr. Turley...........3023

 15  Recross Examination

 15          By Mr. Mathis...........3024

 16  Recross Examination

 16          By Mr. Turley...........3025

 17

 17  SHAUN MARIE UNDERHILL

 18

 18  Direct Examination

 19          By Ms. Demarest..........3028

 19  Cross Examination

 20          By Mr. Mathis............3039

 20

 21  REVEREND RAYMOND JOHN SCOTT

 21

 22  Direct Examination

 22          By Ms. Demarest..........3040

 23  Cross Examination

 23          By Mr. Mathis............3051

 24

 24  REVEREND ROBERT WILLIAMS, JR.

 25

 25  Direct Examination

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 01          By Ms. Demarest..........3053

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0005

 01

 01                       E-X-H-I-B-I-T-S:

 02

 02                           Marked  Offered  Admitted

 03

 03  Plaintiff's Exhibit No. 88

 04          Current picture of

 04          (John Doe #4)..............2887     2887

 05  Plaintiff's Exhibit No. 89

 05          Picture of gifts from

 06          Rudy Kos to (John Doe #4)..2888     2888

 06  Plaintiff's Exhibit No. 90

 07          Picture of (John Doe #4)

 07          with Rudy Kos..............2889     2889

 08  Plaintiff's Exhibit No. 91

 08          Picture of (John Doe #4)

 09          was altar

 09          server.....................2894     2894

 10  Plaintiff's Exhibit No. 92

 10          Promissory note from

 11          (John Doe #4) to Rudy

 11          Kos........................2939     2940

 12  Plaintiff's Exhibit No. 93

 12          Picture of plaintiffs with

 13          Rudy Kos at Disney World...2939     2940

 13  Plaintiff's Exhibit No. 94

 14          Picture of (John Doe #4)...2939     2940

 14  Plaintiff's Exhibit No. 95

 15          Sketch of St. Luke's.......2939     2940

 15  Plaintiff's Exhibit No. 96

 16          Picture of (John Doe #4)'s

 16          children...................2940     2940

 17  Plaintiff's Exhibit No. 97

 17          Father Brown's assignment

 18          schedule...................         3027

 18  Plaintiff's Exhibit No. 98

 19          Letter and summary from

 19          Father Williams to

 20          Bishop Grahmann...........3072      3072

 20  Plaintiff's Exhibit No. 99

 21          Sketch of St. John's......3081      3081

 21  Plaintiff's Exhibit No. 100

 22          Sketch of St. John's......3143      3143

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2886

 01

 02                    P-R-O-C-E-E-D-I-N-G-S:

 03

 04                         May 28, 1997

 05

 06          THE COURT:   You may proceed.

 07          MR. TURLEY:     Thank you thank you, Your Honor.

 08          THE COURT:    You're welcome.

 09                DIRECT EXAMINATION (Continued)

 10  BY MR. TURLEY:               

 11          Q.     Good morning, Mr. (John Doe #4).

 12          A.     Good morning.

 13          Q.     How are you feeling today, (John Doe #4)?

 14          A.     Nervous, kind of scared.

 15          Q.     Why are you scared today?

 16          A.     Because I don't --

 17          THE COURT:     Just take a second.

 18          THE WITNESS: I don't want anyone to be ashamed of

 19  me or think bad of me or feel I could have prevented this,

 20  because I couldn't.

 21          Q.     (BY MR. TURLEY) (John Doe #4), let me come back, in

 22  a moment, and talk to you about how you feel, if that's all

 23  right.

 24          A.     Yes.

 25          Q.     Let's wait a little bit and we'll visit

2887

 01  about some other matters first.

 02          THE COURT:    Just a second, Mr. Turley.  Let him

 03  sit just a second.

 04          (Whereupon there was a pause in the proceedings,

 05  and thereafter the following was had:)         

 06                

 07          Q.      (BY MR. TURLEY)  Let me ask you an easy

 08  question.

 09                 Is that your picture?

 10          A.     Yes.

 11          Q.     It's not very good picture we've made of

 12  you.

 13          A.     Not good at all.

 14          Q.     I know.   I'm sorry.   That was just made a

 15  couple of weeks ago?

 16          A.     Yes.

 17          Q.     I think before we started this trial.

 18          MR. TURLEY:     We'll offer that as Exhibit No. 88

 19          MR. MATHIS:     No objection

 20          THE COURT:    Admitted.  

 21          Q.      (BY MR. TURLEY)  Let me ask you about some

 22  other pictures, if I could, (John Doe #4).   How old is that young

 23  guy?

 24          A.     Probably about thirteen, fourteen.

 25          Q.     About thirteen or fourteen?

2888

 01          A.     Yes.

 02          Q.     This was about your age and appearance when

 03  you first had contact with Rudy Kos?

 04          A.     Yes, because Father Rudy bought --  Father

 05  Rudy bought me the necklace that I'm wearing in that

 06  picture.

 07          Q.     That necklace right there (indicating)?

 08          A.     Yes.

 09          Q.     Did Father Rudy buy you a lot of jewelry?

 10          A.     He bought me a necklace and a cross for a

 11  necklace and a couple of gold rings with diamonds.

 12          Q.     Bought you cologne?

 13          A.     Cologne, clothes, socks and shoes.

 14          Q.     You were about thirteen, you said be

 15  thirteen when this picture was made?

 16          A.     Yes.

 17          Q.     You would have been, what, the seventh or

 18  eighth grade?

 19          A.     Yes.

 20                 MR. TURLEY:  That will be Plaintiff's No.

 21  89, and we offer it.

 22          MR. MATHIS:     No objection.

 23          THE COURT:    Admitted. 

 24          Q.      (BY MR. TURLEY)  Look at this one.   Do you

 25  remember when this picture was made, (John Doe #4)?

2889

 01          A.     It was my eighth grade year when I was being

 02  confirmed.

 03          Q.     This is when you were confirmed in your

 04  school?

 05          A.     Yes.

 06          Q.     That is Father Kos -- Father Rudy, you call

 07  him, there with you?

 08          A.     Yes.

 09          MR. TURLEY:     We offer Plaintiff's Exhibit No.

 10  90. 

 11          MR. MATHIS:     No objection.

 12          THE COURT:    Admitted. 

 13          Q.      (BY MR. TURLEY)  And then yesterday we

 14  looked at this picture.   And this is also in your eighth

 15  year, I think you told us yesterday?

 16          A.     Yes.  It's the first class in the new church

 17  at St. Luke's.

 18          Q.     Okay.   You told us yesterday, (John Doe #4), that

 19  before Rudy Kos came into your life you had many friends?

 20          A.     Yes, I did.

 21          Q.     Got along well with your classmates and

 22  enjoyed life as a youngster?

 23          A.     Yes.

 24          Q.     After Rudy Kos came into your life, what

 25  happened to your circle of friends?

2890

 01          A.     They kind of whithered away.

 02          Q.     At the time you are finally trying to finish

 03  up high school and get that diploma from the Mega Center,

 04  did you have many friends?

 05          A.     Just, like, the people I worked with and my

 06  wife.

 07          Q.     Didn't have any other friends?

 08          A.     (witness shakes head)

 09          Q.     When you were back at school at St. Luke's,

 10  did you tell us yesterday about sometimes going to visit

 11  Father Rudy during your lunch break?

 12          A.     Yes.

 13          Q.     And what about at recesses?

 14          A.     During the seventh and eighth grade year, we

 15  had lunch and recess and Father Rudy would ask me to come

 16  over and have lunch with him.   Sometimes he would drive me

 17  to McDonald's or Wendy's and have lunch and sometimes we

 18  would just sit in his office and play games and do

 19  whatever.

 20          Q.     On those occasions when you were in seventh

 21  grade, for example, and Father Rudy would call and ask you

 22  to come over and have lunch with --

 23          A.     Yes.

 24          Q.     -- him and you stayed in the rectory for

 25  lunch, did he ever, on those occasions during the lunch

2891

 01  break from your school, use your feet to masturbate himself

 02  with?

 03          A.     Yes, he did.

 04          Q.     Now tell us about something that is very

 05  important in every young man's life, in most young men's

 06  lives, it was in mine, the first time you had your own

 07  vehicle.

 08                 The time finally came, didn't it, when you

 09  got to buy a car or a vehicle?

 10          A.     I --

 11          Q.     Tell us about that.

 12          A.     I was sixteen or seventeen.  And I worked

 13  with my mom and dad in the lawn service.  And I had saved

 14  up $1,300 I had in my savings account.   And I was wanting

 15  a truck real bad.   So I took driver's education.  And I

 16  found a truck from my uncle in Colorado.  It had a -- a

 17  camper and everything on it.   And that truck was $15,000.

 18  And so my parents lent me $200.  And later, they sold the

 19  camper part of that $200.   And they drove to Colorado and

 20  got the truck for me.  And I had -- I paid my parents for

 21  the gas and everything for going and getting it.

 22          Q.     And you kept that truck for awhile, didn't

 23  you?

 24          A.     Yes, I did.

 25          Q.     And did -- and then, like what happens to a

2892

 01  lot of old cars, old trucks, it broke down?

 02          A.     Yes.  I blew the motor in it one day.

 03          Q.     Young people have a way of doing that.

 04          A.     Yes, driving it.

 05          Q.     I have been there, with my first car.       

 06              So now you're without transportation again.

 07          A.     I have no vehicle.

 08          Q.     Having been introduced to it's convenience,

 09  what do you do then for transportation?

 10          A.     I was really confused.   I had -- couldn't

 11  do anything.   My mom and dad were taking me to school, and

 12  I had this truck with a blown motor and --

 13          Q.     Your parents -- did your parents step

 14  forward and say, "No problem.  We'll fix it"?

 15          A.     No.  My parents wouldn't fix it.

 16          Q.     Why not?

 17          A.     They said I should have drove it right.  It

 18  should have lasted longer than it did.   It sat in front of

 19  the house.   Then --

 20          Q.     Where did -- do you remember what year that

 21  was or -- let me ask it like this:  Where was Rudy Kos

 22  assigned at that time?

 23          A.     He was at St. John's in Ennis.

 24          Q.     He had already been moved to St. John's in

 25  Ennis?

2893

 01          A.     Yes.

 02          Q.     Before the truck broke, had you used it to

 03  go down there to St. John's when Rudy would call for you?

 04          A.     It didn't seem like it was reliable enough.

 05  I think I went down there once or twice.

 06          Q.     Tell us, then, how got your truck fixed.

 07          A.     Father Rudy called me up one day.  And I

 08  told him I blew the motor in my truck and I was without

 09  transportation.  And he said that he knows Ed real well at

 10  Ed's Garage there in Ennis, and that he would have my truck

 11  fixed for me.   So he had Ed come and tow it to Ennis, and

 12  had it for about a week or two, put a brand new motor in 

 13  it --

 14          Q.     How much --

 15          A.     -- had it all fixed for me.

 16          Q.     How much did that cost?

 17          A.     It didn't cost me anything.  I think it cost

 18  like $1,500 to get done.

 19          Q.     It didn't cost you anything, but did you

 20  have to sign any papers for it?

 21          A.     Yes.  I had to sign a card saying I would

 22  pay Rudy monthly.

 23          Q.     So Rudy lent you money to get your truck

 24  fixed?

 25          A.     Yes.

2894

 01          Q.     And that would be in -- a copy of that, I

 02  guess, would be Plaintiff's Exhibit 91 --  92, that you

 03  think -- this a copy of the promissory note?

 04          A.     I think that is it, yes.

 05          Q.     And in this note Rudy has you indebted to

 06  him at a rate of $100 a month, starting the first day of

 07  December and continuing for fifteen months; is that right?

 08          A.     Yes.

 09          Q.     Later on did Rudy ever hold this over your

 10  head?

 11          A.     Yes.

 12          Q.     How did he hold this over your head?

 13          A.     I wasn't going down to Ennis to see him, so

 14  he called my mom and dad and told them that I was too

 15  involved in my social life, that I needed to come see him

 16  more.   So he came one night and he repossessed my truck.

 17          Q.     Rudy came and got your truck because you

 18  wouldn't drive it down to Ennis to see him?

 19          A.     Correct.

 20          Q.     Then what happened about the truck?

 21          A.     I was very angry.   And then a couple of

 22  weeks later he -- he told me I could have the truck back if

 23  I would agree to go down there once every couple of weeks

 24  and do work around St. John's.

 25          Q.     Was that really why he wanted you to come

2895

 01  down there?

 02          A.     No.

 03          Q.     Did you really do any work around

 04  St. John's?

 05          A.     No.

 06          Q.     When you went down there on those occasions,

 07  what happened?

 08          A.     He molested me.

 09          Q.     You've told us the ways that Rudy Kos showed

 10  his affection for you, or you thought he was showing

 11  affection for you.   That was your impression, --

 12          A.     Yes.

 13          Q.     -- that he bought you things, took you

 14  places, did things for you, gave you beer, told you he

 15  loved you, told you you were special, number one in his

 16  life, these other things you talked to us about.

 17                 At the same time, (John Doe #4), did he ever put you

 18  down --

 19          A.     Yes.

 20          Q.     -- while this saying, "I love you" is going

 21  on, was he telling you something different?

 22          A.     Yes.

 23          Q.     How -- how --  tell us about that.

 24          A.     He told me I was overweight.   He told me I

 25  was fat, that I needed to lose weight.   He told me that

2896

 01  because I lived in Irving and not the -- he told me because

 02  I lived in Irving and not in north Dallas, I wasn't as good

 03  as north Dallas people were.  Kind of like I was white

 04  trash.   He always insulted my father, told me how bad my

 05  father was.

 06          Q.     Did he tell you how to eat?

 07          A.     Yes.  He told me I needed to watch my

 08  eating.

 09          Q.     Did he tell you how to eat?  Did he

 10  criticize the way you -- your manners?

 11          A.     He told me I ate too fast, that I should eat

 12  a lot slower and eat better food.

 13          Q.     On these occasions when he was criticizing

 14  your father and putting you down, how did you feel about

 15  hearing a priest say things bad about your dad?

 16          A.     At the time when he was saying bad thing

 17  about my dad, I kind of was at that age I kind of went

 18  along with him.

 19          Q.     Then later on did that start to create some

 20  conflicts in your feelings?

 21          A.     Yes.

 22          Q.     (John Doe #4), did Father Kos ever have you sleep

 23  with him?

 24          A.     Yes.

 25          Q.     When you two would sleep in the same bed

2897

 01  together, what did he have you wear?

 02          A.     Usually a t-shirt and some, like, hospital

 03  doctor pants.

 04          Q.     Like hospital scrubs?

 05          A.     Yes.

 06          Q.     The green --

 07          A.     They were green with, like, the hospital

 08  name on them.

 09          Q.     And on those occasions did he sexually --

 10  become sexually abusive with you?

 11          A.     Yes.

 12          Q.     You told us yesterday that there had been

 13  occasions where Father Kos had performed oral sex on you,

 14  particularly on those occasions when you had had a lot to

 15  drink and he had given you pink pills with the V on them?

 16          A.     Yes.

 17          Q.     Do you now know what those pills were, by

 18  the way?

 19          A.     Valium.

 20          Q.     After you had had the beer and the Valium

 21  and he had performed oral sex, on those occasions when you

 22  had not passed out, was there something that Rudy did after

 23  that was all over?

 24          A.     After he had oral sex with me, he would -- I

 25  don't know how to say this.  He would -- I would ejaculate,

2898

 01  I guess, in his mouth, and he would walk over to -- he had

 02  a shelf in his room and he had a Maalox bottle.  And he

 03  would just opened his mouth and just squirt the Maalox in

 04  his mouth.

 05          Q.     How many times did Father Kos have you sleep

 06  with him; do you have any idea?

 07          A.     I don't recall.

 08          Q.     Okay.

 09                 Now we saw earlier yesterday, when we looked

 10  at the yearbook of -- this yearbook when you and your

 11  classmates are in the eighth grade?

 12          A.     Yes.

 13          Q.     And we see on the front of it it says 1987?

 14          A.     Yes.

 15          A.     So we know in '87 you were in the eighth

 16  grade.

 17          A.     Yes.

 18          Q.     And you were in the seventh grade, then, in

 19  '86?

 20          A.     Yes.

 21          Q.     And Father Kos had first come to the church

 22  in Ennis the year before, in 1985?

 23          A.     Yes.

 24          Q.     These other eighth grade youngsters that you

 25  identified -- identified their photos yesterday, but didn't

2899

 01  name their there names?

 02          A.     Yes.

 03          Q.     You could name their names, if you needed

 04  to?

 05          A.     Yes.

 06          Q.     Are any of those -- those young men in this

 07  eighth grade photograph plaintiffs in this lawsuit?

 08          A.     No, they're not.

 09          Q.     You're the only one in this class?

 10          A.     I'm the only one.

 11          Q.     Since, (John Doe #4) -- (John Doe #4), in the last month,

 12  since about the time this lawsuit started getting

 13  started -- I mean, this trial, not the lawsuit, but the

 14  trial, have any other young men come forward to you and

 15  said, for the first time, to anybody, as far as you know,

 16  that they were sexually abused by Father Rudy?

 17          A.     Yes.

 18          MR. MATHIS:     Objection, hearsay.

 19          THE COURT:    Sustained.

 20          Q.      (BY MR. TURLEY)  (John Doe #4), you told us

 21  yesterday that you had a -- you thought you had a close --

 22  fairly close relationship with Father Clayton before Father

 23  Rudy came to the church.

 24          A.     Yes.

 25          Q.     And you said you went to confession with

2900

 01  Clayton from the time you were in second grade until the

 02  time you were in seventh grade, was it?

 03          A.     Yes.

 04          Q.     And that you formed -- that you felt -- did

 05  I ask you: Did you feel trust --

 06          A.     I felt trusted.

 07          Q.     -- and comfortable with Father Clayton as

 08  your pastor, as your priest?

 09          A.     (witness nods).  

 10          Q.     If Father Clayton had come to you -- let's

 11  do it like this --

 12          A.     Okay.

 13          Q.     Let me be Father Clayton, for a moment, all

 14  right?   And I want to ask you some questions.   You

 15  pretend I'm Father Clayton, and you answer the questions as

 16  you would have answered if Father Clayton would have come

 17  to you and talked to you when you were in the seventh,

 18  eighth grade.

 19          MR. MATHIS:     Objection, Your Honor.  This calls

 20  for speculation.  I think what he is -- at least what I

 21  think he is going to do, calls for speculation.

 22          THE COURT:    Inadequate predicate at this point,

 23  but go ahead.

 24          Q.      (BY MR. TURLEY)  If Father Clayton had come

 25  to you in the seventh, eighth grade and talked to you about

2901

 01  Rudy Kos, would you have talked to Father Clayton?

 02          MR. MATHIS:     Objection, calls for speculation.

 03          THE COURT:    That is overruled.

 04          Q.      (BY MR. TURLEY)  Would you have talked to

 05  Father Clayton?

 06          A.     Yes.

 07          MR. MATHIS:     Can I have a running objection to

 08  this?

 09          THE COURT:    Yes.

 10          Q.      (BY MR. TURLEY)  Would you have told him

 11  the truth?

 12          A.     I would have told him what was happening at

 13  the time.

 14          Q.     I'm Father Clayton.   I want to ask you this

 15  question.

 16          A.     Okay.

 17          Q.     (John Doe #4), good to see you today.

 18          A.     How are you doing?

 19          Q.     You out of school for lunch with Father

 20  Rudy?

 21          A.     Yes.

 22          Q.     You going to lunch upstairs or downstairs

 23  here?

 24          A.     Upstairs.

 25          Q.     How are you doing in school, (John Doe #4)?

2902

 01          A.     I'm getting by.

 02          Q.     You seem to get along well with Father Rudy.

 03          A.     Yes.

 04          Q.     And the other boys seem to get along well

 05  with him.

 06          A.     yes.

 07          Q.     You all like him?

 08          A.     Yes.

 09          Q.     Have a lot of fun with him?

 10          A.     Yes.

 11          Q.     I wish I got along so well with him.        

 12              (John Doe #4), you all -- what is it about Father Rudy

 13  that makes you like him so?

 14          A.     He spends a lot of time with us.  He has got

 15  a lot of neat things and he acts like he really cares about

 16  us, a really neat guy to hang out with.

 17          Q.     You all seem to be close.   Does he ever

 18  wrestle with you and give you a hug?

 19          A.     Yes.

 20          Q.     I notice he gives you a hug sometimes.

 21          A.     Yes, all of the time.

 22          Q.     Does it feel good?

 23          A.     Yes.

 24          Q.     How does he do that?   How -- how does --

 25  how -- tell me how he does that.  Maybe I need to learn it

2903

 01  myself.

 02          A.     He just like puts -- sometimes puts us in a

 03  head lock, sometimes squeezes real tight and pops our backs

 04  and things.

 05          Q.     I heard he pops your toes.

 06          A.     Yes.

 07          Q.     How does he pop your toes, (John Doe #4)?

 08          A.     He takes my shoes off and just pops my toes

 09  and makes them kind of crackle.  Kind of neat.

 10          Q.     Does he massage your feet, rub your feet?

 11          A.     Yes, he massages my feet.

 12          Q.     How does he do that?

 13          A.     Takes my foot (sic) off, puts it in his lap

 14  massages my feet.

 15          Q.     When he has your foot in his lap, does he

 16  move it or anything?

 17          A.     Seems like he moves it up and down.

 18          Q.     (John Doe #4), you have a nice day.

 19          A.     Thanks.

 20          Q.     If Father Clayton had asked you those

 21  questions, (John Doe #4), would you have answered him just like you

 22  and me --

 23          A.     Yes.

 24          Q.     And were there other young men at the church

 25  that would have, you believe, answered him in the same way?

2904

 01          A.     Yes.

 02          MR. MATHIS:     Objection, calls for speculation.

 03          THE COURT:    Overruled.

 04          Q.      (BY MR. TURLEY)  Did Father Clayton ever

 05  tell you, "Stay out of the rectory.  You shouldn't be here

 06  with Father Kos day or night"?

 07          A.     No.

 08          Q.     Any questions but that Father Clayton knew

 09  you were there?

 10          A.     No.

 11          Q.     You told us yesterday about how you would go

 12  there and you would press a button and the secretary would

 13  tell Father Kos, tell him you were there and he would tell

 14  her where to send you?

 15          A.     Yes.

 16          Q.     And that happened, you said --

 17          A.     Every time, just about, during the day when

 18  I went over there.

 19          Q.     Almost every day, four days a week?

 20                 Did Father Rudy ever sneak you into the

 21  rectory?

 22          A.     No.

 23          Q.     You talked in your deposition about -- that

 24  he would bring you in quietly, you and some of the other

 25  boys, sometimes, at night?

2905

 01          A.     Yes.

 02          Q.     Tell us about that.

 03          A.     Well, we would get in, like, usually it

 04  seemed like maybe it was 10:00 sometimes.  And he would

 05  just tell us to be real quiet, not to make a lot of noise.

 06          Q.     Why did he say that to you?

 07          A.     Because -- so we wouldn't disturb anybody.

 08          Q.     Didn't want you bothering Father Clayton?

 09          A.     That's right.

 10          Q.     Was it, "I'm sneaking you in under the cover

 11  of darkness window" kind of stuff?

 12          A.     Just more or less tell us to be quiet, not

 13  to make a lot of noise.

 14          Q.     (John Doe #4), did your visits to the rectory, both

 15  day and night, ever stop, ever stop --

 16          A.     No.

 17          Q.     -- while Kos was at St. Luke's?

 18          A.     No.

 19          Q.     Did they even slow down much?

 20          A.     No.

 21          Q.     What about the visits of the other boys that

 22  you observed in the day and at night?  Did they ever stop

 23  while Father Kos was at St. Luke's?

 24          A.     No.

 25          Q.     Did you observe whether they even slowed

2906

 01  down very much?

 02          A.     I don't think they did.

 03          Q.     Even in 1988, the last year that Kos was

 04  there, the first part of that year, the last of '87, did

 05  this activity slow down or stop?

 06          A.     No.

 07          Q.     (John Doe #4), can you see this (indicating)?

 08          A.     Yes.

 09          Q.     I'm just going to look at it for a little

 10  bit so -- I don't have one up on the screen.  I don't have

 11  it handy.

 12                 On this years of sexual abuse chart by

 13  Father Rudy Kos --

 14          A.     Yes.

 15          Q.     -- we have you located right here

 16  (indicating), and a picture that we're going to look at in

 17  just a moment -- let me ask you about that, while we're on

 18  the subject here.

 19                 I thought I had it out.   Just one second.  

 20              (John Doe #4), we have on this activity -- or abuse --

 21  sexual abuse chart.  We've got you picking up here with

 22  Father Kos sometime around 1985.  You told us -- I think

 23  that was correct.

 24          A.     Yes.

 25          Q.     And then we continue on out here to 1992.

2907

 01  And I'm going to talk to you about how this terminated in

 02  1982, in just a moment.

 03                 But is this correct, that from '85 to '92,

 04  for seven years Father Kos sexually abused you.

 05          A.     Yes.

 06          Q.     This photograph that we have right here

 07  (indicating), can you see this one?

 08          A.     Yes.

 09          Q.     Or you've seen it before.

 10                 Tell us about that picture.

 11          A.     Father Rudy took myself, (John Doe #1), and

 12  (John Doe #2) to Walt Disney World Florida the summer of my

 13  eighth grade year.   We flew to Florida.  It was for five

 14  or six days.   And that picture was taken in Florida, on

 15  the back of a caboose.

 16          Q.     And this is one part of it.   There are two

 17  other parts of other boys and Father Rudy.  You're all

 18  dressed in costumes?

 19          A.     Yes.

 20          Q.     That is when you were about thirteen years

 21  old?

 22          A.     Thirteen or fourteen.

 23          Q.     And the one that we now have on the screen

 24  is when you were just -- about maybe a year earlier?

 25          A.     Yes.

2908

 01          Q.     And that one is about a year later or two?

 02          A.     About a year later.

 03          Q.     Okay.

 04                 Now during these seven years, I asked to you

 05  give some thought, to share with the jury, if you could,

 06  approximately how many times you believe, when you were

 07  awake, that Father Rudy Kos sexually abused you.  Could you

 08  give us some thought to that.  You thought about it for me?

 09          A.     I would guess while he was at St. Luke's it

 10  will probably about three times a week, about four hundred

 11  an fifty times when he was at St. Luke's.   And then it

 12  will probably be one hundred times after he was at

 13  St. John's.

 14          Q.     Total of five hundred land fifty --

 15  approximately five hundred fifty events of sexual abuse?

 16          A.     Yes.

 17          Q.     (John Doe #4), when -- come with me to the time

 18  Father Rudy Kos was at St. John's.  In your mind, things

 19  had become more intense, from a sexual abuse perspective;

 20  is that correct?

 21          A.     Yes.

 22          Q.     And you were starting to change your

 23  feelings about a lot of things, I understand.

 24          A.     Yes.

 25          Q.     Starting in these last two years, in about

2909

 01  1990 through early '92, or even in '91, can you tell us

 02  whether you were able to separate your feelings of

 03  attachment of Father Rudy Kos as your spiritual father and

 04  priest, from your attachment to Rudy Kos as a friend who

 05  showered you with attention, from your attachment to Rudy

 06  Kos as kind of a substitute dad.  Since you were having

 07  problems, you told us yesterday, some problems with your

 08  own dad, were you able to separate those feelings out and

 09  understand what was happening?

 10          A.     No.

 11  &nbs