Jury denies punitive damages in landmark Delbarton sex abuse case
A Morris County jury on Thursday declined to impose punitive damages against the religious order that runs the Delbarton School and a former monk, sparing them from additional financial penalties in a landmark sexual abuse case dating back 50 years.
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The same jurors–four women and two men–last week awarded $5 million in damages for pain and suffering to a Delbarton graduate identified as T.M., concluding he had indeed been plied with alcohol and then sexually abused in a campus barn early on New Year’s Day 1976 by then-monk Richard Lott.
Both verdicts were unanimous.
After deliberating for about four-and-a-half hours over two days, jurors determined on Thursday that T.M. had not proven by “clear and convincing” evidence that Lott and the Order of St. Benedict of New Jersey (OSBNJ) acted with malice or wanton disregard for his well-being — the legal threshold for punitive damages.
Such damages, explained Superior Court Judge Louis Sceusi, are intended to punish wrongdoers and deter them from future wrongdoing. “Clear and convincing” is a tougher standard than a “preponderance of evidence,” which applied in the compensatory phase.
T.M. and lawyers for both sides declined to comment. Lott, who turned 90 this month, was absent for both verdicts. The OSBNJ is all but certain to appeal the $5 million compensatory award.
“Thank you for your courage,” Fred Marigliano — one of several survivors of priestly sexual abuse who has followed the six-week trial in person — told T.M., embracing him outside the courtroom door.
“I hope it helps others,” T.M. replied quietly.
“The jury’s verdict in this phase of the trial is consistent with what they found earlier in the compensatory portion of the trial: St. Mary’s Abbey and Delbarton School did not know of the abuse found by the jury, and there was no intentional misconduct nor malice towards the plaintiff by the Abbey or School.”
The clerics reiterated their defense that “modern safeguards did not exist” at schools in the 1970s, and that such protections now are in place.
“The communities of St. Mary’s Abbey and Delbarton School have genuine compassion for any victim of abuse. At all times, we wish to promote healing and reconciliation for anyone who has suffered in this way,” the statement said.
Advocates for abuse survivors expressed disappointment in Thursday’s decision, but hailed last week’s award as historic: The first of 39 pending sex abuse cases against the Morris Township boys prep school, and possibly the first against a Catholic institution in New Jersey, to reach trial. Many cases have been settled out of court.
“I’m disappointed, yes,” Mark Crawford, director of the state chapter of SNAP (Survivors Network of those Abused by Priests), said after Thursday’s verdict. “But again, this should not deter any victim or survivor from coming forward and speaking their peace and seeking justice, if that’s what they need.”
Former priest Robert Hoatson, co-founder of Road to Recovery and author of Sacrifice of the Masses, said “victims now know that they possibly can get some justice for what has happened to them. This is really the first time that an individual has taken his case this far and won.”
Attorney Greg Gianforcaro, who represents 31 sex abuse cases pending against Delbarton, said this case has set the bar for compensatory damages.
When the trial started on Sept. 2, he said, Delbarton assumed “there would never be a jury that would hold them liable for something that happened so long ago.”
T.M. pressed his case under a 2019 law that lifted the statute of limitations for two years. “I hope he can find some real closure now and enjoy the rest of his life…His verdict is a huge success and a foundation for recovery for so many others who will follow,” said attorney Marc MacNaughton, a former Delbarton teacher who won a whistleblower case against the school.
DEFENSE: NO PROOF OF MALICE
In closing arguments Wednesday, defense attorney Michael Geibelson challenged jurors to punish OSBNJ so it will believe the next 15-year-old who raises serious allegations.
But Delbarton’s headmaster warned that a huge award could close the school — and other defense witnesses contended deterrence was moot because strict policies have kept the school free of allegations for at least two decades.
In his summation, OSBNJ attorney Kurt Krauss told jurors there was no proof of intentional misconduct or malice, and that punitive damages are reserved for exceptional cases involving “shocking and outrageous” behavior.
Krauss said this case involved conduct from an era when few institutions had formal policies for addressing child sexual abuse. He said Delbarton has since implemented robust safeguards, including accreditation by the national risk-management firm Praesidium.
St. Mary’s Abbey, the Benedictine monastery on the school grounds, was accredited in 2008; Delbarton received its first certification in 2019.
Attorney Mark Brancato, representing Lott, told jurors there was no evidence of hostility between his client and T.M., describing their relationship as cordial until 2016, when, according to the defense, T.M. tried to persuade Lott to join his case against Delbarton. Brancato maintained that the lawsuit was financially motivated.
PLAINTIFF: A HISTORY OF RECKLESS DISREGARD
Geibelson argued that the Benedictine order’s response reflected reckless indifference and a continued unwillingness to acknowledge wrongdoing. He pointed to testimony that the late Abbot Brian Clarke destroyed T.M.’s 1977 letter reporting the alleged abuse — in violation of Abbey rules — and said leaders of the time understood the harm caused by child sexual abuse but failed to act.
The attorney emphasized that current leadership still rejects the verdict. Abbot Jonathan Licari and Headmaster the Rev. Michael Tidd continued this week to refer to the 1976 incident as “alleged” and called last week’s $5 million award unfair. He said their stance showed a lack of remorse.
He also questioned the significance of the Praesidium accreditation, describing it as “window dressing.” Two key Delbarton staffers–its dean of guidance and its former religion chairman, now bishop of Newark–have had affiliations with Praesidium.
On Wednesday, OSBNJ case manager Lori Albanese acknowledged under questioning by lead plaintiff attorney Rayna Kessler that two priests with histories of serial sexual abuse — Timothy Brennan and Donal Fox — were allowed to move freely on and off campus after St. Mary’s Abbey was accredited by Praesidium. Both men are now deceased.
Geibelson said such lapses reflected a longstanding disregard for victims’ safety and urged jurors to impose a penalty large enough to deter future misconduct. Financial records entered into evidence showed Delbarton holds more than $34 million in readily available investment assets.
DEFENSE MISTRIAL DENIED
Defense attorney James Barletti sought a mistrial on Wednesday, arguing the plaintiff’s closing improperly attacked opposing counsel and invited jurors to empathize personally with T.M. Judge Sceusi denied the request, saying all closing statements were within acceptable bounds.
The judge’s dismissal of a key witness is likely to figure prominently in defense appeals.
Psychiatrist Jacob Jacoby was excluded midway through his testimony. T.M.’s attorneys objected to his reference to a report not provided to them in advance, and to his mention of something the judge had ruled off-limits.
BACKGROUND
In last week’s $5 million compensatory award, jurors found that OSBNJ negligently failed to supervise or remove Lott, assigning 65 percent of the blame to the order and 35 percent to Lott.
That ratio means OSBNJ is on the hook for the entire amount; it would have to legally pursue Lott to repay his share.
Testimony during this week’s punitive phase detailed decades of alleged misconduct and cover-ups by Delbarton abbots and school officials. Testimony from Albanese indicated the school had no written policies for handling complaints before 2002 and that some leaders destroyed or ignored records of suspected abuse.
Headmaster Tidd testified that OSBNJ’s assets have grown from $7.4 million in 1976 to $167 million today, with about two-thirds tied up in property and buildings. He warned that a large punitive award could force cuts in Delbarton’s $4.6 million in annual financial aid or even threaten the school’s operations.
Benedictine leaders have said they remain “extremely disappointed” in last week’s verdict.
It is not unheard of for civil cases at this stage to end with a settlement: A lower-but-guaranteed payment to the plaintiff, in exchange for the defense dropping lengthy appeals that could overturn the jury’s award.
Jury denies punitive damages in landmark Delbarton sex abuse case
Morristown Green
October 16, 2025
Kevin Coughlin
