By Dan Horn
Enquirer staff writer

About 25 people so far have filed claims for a share of the $3 million set aside for victims of clergy abuse in the Archdiocese of Cincinnati.

The officials overseeing the $3 million fund say the number of applicants is low because many people are waiting until the Sept. 1 deadline to file their claims, even though they have been able to file since March.

By waiting until the 11th hour, potential applicants give themselves more time to decide whether they are better off suing the archdiocese for damages or seeking compensation from the fund.

The fund's rules require anyone who applies for compensation to drop pending lawsuits against the archdiocese.

"We've talked to a number of lawyers who plan to submit claims, but they are waiting to the end to do it," said Robert Stachler, the Cincinnati lawyer who leads the tribunal that will disburse money from the fund.

The compensation fund was created last year as part of a settlement between the archdiocese and Prosecutor Mike Allen, which resulted in the criminal conviction of the archdiocese on charges of failure to report child abuse.

Allen said the number of applicants is lower than expected, but he's optimistic the total will go up before the deadline. He said the fund gives victims a chance at some compensation even if their lawsuits have been barred by the statute of limitations.

Dozens of suits already have been thrown out because judges deemed the claims of abuse - some dating back 30 or 40 years - too old to pursue in court. Most of those cases now are being appealed.

Some victims and their advocates say they hope victims opt out of the compensation fund and push forward with their lawsuits. Even if the suits fail, they say, victims are better off fighting in court than accepting a compensation plan created by the archdiocese.

"I'm glad the number is low," said Christy Miller, a leader of the Cincinnati chapter of the Survivors Network for those Abused by Priests (SNAP). "We don't want victims to be revictimized again, which is what this process does."

She and other advocates have argued that the archdiocese created the fund in hopes of limiting its own liability, not to help abuse victims. Church officials, however, say the fund gives victims an option they might not otherwise have.

Konrad Kircher, a Mason lawyer who represents 77 people suing the archdiocese, said five of his clients have expressed interest in the fund but have not yet filed claims. He said the other 72 are inclined to keep fighting in court.

"The overwhelming number of my clients are rejecting the fund," Kircher said. "They refuse to once again be controlled by the archdiocese."

Members of the tribunal, who were appointed by the archdiocese and the prosecutor's office, have emphasized that they are independent of the church and will decide cases based on the facts.

In addition to Stachler, the tribunal includes former Common Pleas Court judges Ann Marie Tracey and Thomas Nurre.

Anyone who files a claim with the tribunal is asked to fill out a detailed form describing the abuse, the abuser, when it occurred, where it occurred and other relevant information.

The tribunal will review the claim and give victims the option to speak directly to tribunal members. There are no appeals and all decisions of the tribunal are final.

Cincinnati lawyer Matthew Garretson was hired to administer the fund and to help devise a formula for deciding how much victims get. When it is finalized, the formula will not be affected by the number of applicants - meaning that the applicants so far will not share $3 million simply because no one else filed a claim.

Garretson confirmed Monday that "more than two dozen" people have so far applied for compensation.

"The number of claims in now is artificially low," Garretson said. "There's no incentive to file early."

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E-mail dhorn@enquirer.com