Overdose victim's family sues Archdiocese of Philadelphia for wrongful death

Joseph A. Slobodzian
Philadelphia Inquirer
November 13, 2013

A wrongful death lawsuit was filed Wednesday against the Archdiocese of Philadelphia by the mother of Sean Patrick McIlmail, the 26-year-old Willow Grove man whose accidental overdose death last month ended the criminal prosecution of the Rev. Robert L. Brennan for rape.

The lawsuit by Deborah McIlmail was filed in Philadelphia Common Pleas Court also names Brennan and Msgr. William J. Lynn, the former church official responsible for investigating allegations of misconduct by priests.

Lynn, 62, former secretary for clergy, was found guilty of child-endangerment in a trial last year and is serving 3 to 6 years in prison.

The lawsuit contends that church officials' failure to remove Brennan, a priest with a long history of complaints about misconduct with young boys, directly led to him molesting Patrick McIlmail from ages 11 to 14, beginning in 1998, when he was an altar boy at Resurrection of Our Lord parish at Castor Avenue and Vista Street in Rhawnhurst.

Archdiocesan officials had no immediate comment on the lawsuit, the third against the Philadelphia church involving allegations of child sexual abuse by Brennan.

McIlmail's decision to come forward led to criminal charges being filed against Brennan in September by the Philadelphia District Attorney's office.

But after McIlmail's Oct. 13 death from what was ruled an accidental drug overdose, District Attorney Seth Williams announced he would drop the criminal case against the 75-year-old Brennan.

The McIlmail family's attorneys, Marci A. Hamilton and Daniel F. Monahan, are to discuss the lawsuit at a news conference later today.

Two Philadelphia grand juries have described Brennan as a serial sexual predator who molested more than a score of boys as he was transferred from one parish to another over 15 years.

But until McIlmail agreed to press charges, all the allegations against Brennan were too old to prosecute.

Read more at http://www.philly.com/philly/news/breaking/20131114_Overdose_victim_s_family_sues_Archdiocese_for_wrongful_death.html#hKjUD5aaKrvwCvM3.99