Lawyers for YDC victims seek a trial

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Jun. 16—MANCHESTER — The lawyers for alleged victims of sexual and physical abuse at the Youth Development Center are asking a Superior Court judge to move their lawsuits against the state to a speedy trial.

The lawyers accused state prosecutors of "foot dragging" these cases brought on behalf of more than 600 victims at the YDC and its successor, Sununu Youth Services Center.

The 40-page motion comes as the parties on both sides prepare to face a scheduling conference on June 29.

"It has been more than five years since the first brave survivor of abuse at the state's youth facilities reported his experience to authorities and commenced what would become a roller coaster ride of action and inaction by the state," lawyers for the victims said in a statement.

In this latest filing, the lawyers, led by David Vicinanzo with Nixon Peabody and Rus Rilee, maintain that cases of abuse and mistreatment of juveniles have continued to the current day.

"We just received the filing. We will review and respond as appropriate," said Michael Garrity, communications director for Attorney General John Formella.

The Legislature and Gov. Chris Sununu have signed a bill creating a $100 million fund to compensate victims for damages.

The legislation (HB 1677) creates an independent arbitrator to resolve any disputes over a claim between the AG and lawyers for the victims.

Lawyers for the victims had opposed the bill because it required that they forgo any right to sue in court if they entered into negotiations with the state.

The lawyers were also critical of a cap on damages and the fact it would not allow a victim to collect only for "emotional abuse."

After lawmakers passed the bill, the lawyers said they would advise their clients to continue seeking financial relief in court.

The latest complaint maintained one client, only identified as John Doe No. 402, experienced emotional suffering and intimidation while in the juvenile detention system from 2009-2015.

Lawyers for the client contend that Rev. Jose Luna sexually harassed the juvenile after he confided that he was gay.

Luna worked at YDC as an employee and was appointed by Gov. Chris Sununu to the state Human Rights Commission and the Governor's Advisory Council on Diversity and Inclusion.

According to the suit, Luna told John Doe N. 402 that God "will never allow a homosexual into heaven. You will be going to Hell."

The suit maintained while the client stopped seeking counselling, Luna continued to mock his sexual orientation in front of other staff and YDC residents.

klandrigan@unionleader.com