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	Secret Suspicions at Mater Dei a Lawsuit Questions the Catholic School's Handling of Accusations of Sexual Abuse of a Former Student By Rachanee Srisavasdi Orange County Register [California] January 23, 2007 http://www.ocregister.com/ocregister/news/local/communities/santaana/article_1552840.php Mater Dei High School allowed an employee suspected of sexual abuse to resign in 1997 and did not warn other school officials or parents that the man may be a risk to children, according to a recent court affidavit. Patrick Murphy, president of the Catholic school in Santa Ana, said in a deposition that he followed the policy of the Catholic Diocese of Orange in regards to Jeffrey Andrade: Ask an employee suspected of abuse to resign within 48 hours or risk termination. Murphy's testimony was made public as part of the filings Friday in a lawsuit by a former Mater Dei student who says that, for two years starting in 1995, she was sexually abused by the school's former assistant basketball coach. Murphy said in the deposition that Orange County prosecutors' decision not to hold Andrade criminally culpable after a five-month police investigation factored into the decision to let Andrade quietly resign. "So in our eyes, we don't have a smoking gun. In my opinion, I have strong reasonable suspicion," Murphy said. "But I don't have an admission from him. I do not have a (district attorney) filing charges. " Parent volunteer Juli Halopoff, who has a son enrolled at Mater Dei, said she can understand why administrators may decide after the outcome of a criminal investigation to not tell parents. "Until someone is proven guilty, these can be false accusations," she said. "I trust the administration to let me know if something is inappropriate." But new information has surfaced because of the suit, including an admission in a November deposition by Andrade that he did have sex with the former student in 1996. He said he was allowed to resign a year later, and went on to work as a substitute teacher in the Huntington Beach High School District. Lawyers also released a deposition by the woman, known as Jane C.R. Doe, from March 2006. She told lawyers that Andrade first accosted her in the coach's office, where he grabbed her, groped her and forced her to have oral sex. "I was a kid. It happened so fast, it was scary," she said. Later, she said she had sex with him in the school gymnasium, in classrooms, in his house, his car and in Las Vegas. Deputy District Attorney Susan Kang Schroeder said she heard about the case a couple of years ago and said prosecutors then decided against filing criminal charges because it did not meet legal standards. Prosecutors need to prove the acts were of substantial sexual conduct – such as forcible rape. If a victim is now 21 years or older, the evidence must be clear and convincing, she added. "Based upon the facts of this case, it did not meet the statute of limitation because of age of the victim and the sexual conduct explained," she said. Schroeder did not know why prosecutors did not file charges in 1997. But she added prosecutors are open to reviewing Andrade's case if there is new evidence. In the affidavit, Murphy said he had allowed Andrade return to the campus for school activities after the coach resigned. Diocese officials declined to comment on Murphy's affidavit, citing ongoing litigation. In January 2005, the diocese reached a $100 million settlement with 90 claimants over older childhood sexual abuse allegations. Diocese officials also promised to immediately alert police to reports of abuse instead of letting the accused perpetrators leave a parish or school. This case – filed in July 2005 – is the first in Orange County since the settlement. Diocese officials fought to keep the depositions in the case private. But the judge ruled depositions of school administrators must be taken, and the school must provide records on faculty accused of sex abuse from 1988 to 1997. "If there is a pattern and practice of protecting abusers we are entitled to know it," said John Manly, an attorney who has handled past sex-abuse claims against the diocese and now represents the former student. "The diocese and this high school need to come clean so parents can know their children are safe." Santa Ana GJP59ON1.16 JP59ON1 0 andrade.b0124 0 Created The Orange County Register Mater Dei High School allowed an employee suspected of sexual abuse to resign in 1997 and did not warn other school officials or parents that the man may be a risk to children, according to a recent court affidavit. Patrick Murphy, president of the Catholic school in Santa Ana, said in a deposition that he followed the policy of the Catholic Diocese of Orange in regards to Jeffrey Andrade: Ask an employee suspected of abuse to resign within 48 hours or risk termination. Murphy's testimony was made public as part of the filings Friday in a lawsuit by a former Mater Dei student who says that, for two years starting in 1995, she was sexually abused by the school's former assistant basketball coach. Murphy said in the deposition that Orange County prosecutors' decision not to hold Andrade criminally culpable after a five-month police investigation factored into the decision to let Andrade quietly resign. "So in our eyes, we don't have a smoking gun. In my opinion, I have strong reasonable suspicion," Murphy said. "But I don't have an admission from him. I do not have a (district attorney) filing charges. " Parent volunteer Juli Halopoff, who has a son enrolled at Mater Dei, said she can understand why administrators may decide after the outcome of a criminal investigation to not tell parents. "Until someone is proven guilty, these can be false accusations," she said. "I trust the administration to let me know if something is inappropriate." But new information has surfaced because of the suit, including an admission in a November deposition by Andrade that he did have sex with the former student in 1996. He said he was allowed to resign a year later, and went on to work as a substitute teacher in the Huntington Beach High School District. Lawyers also released a deposition by the woman, known as Jane C.R. Doe, from March 2006. She told lawyers that Andrade first accosted her in the coach's office, where he grabbed her, groped her and forced her to have oral sex. "I was a kid. It happened so fast, it was scary," she said. Later, she said she had sex with him in the school gymnasium, in classrooms, in his house, his car and in Las Vegas. Deputy District Attorney Susan Kang Schroeder said she heard about the case a couple of years ago and said prosecutors then decided against filing criminal charges because it did not meet legal standards. Prosecutors need to prove the acts were of substantial sexual conduct – such as forcible rape. If a victim is now 21 years or older, the evidence must be clear and convincing, she added. "Based upon the facts of this case, it did not meet the statute of limitation because of age of the victim and the sexual conduct explained," she said. Schroeder did not know why prosecutors did not file charges in 1997. But she added prosecutors are open to reviewing Andrade's case if there is new evidence. In the affidavit, Murphy said he had allowed Andrade return to the campus for school activities after the coach resigned. Diocese officials declined to comment on Murphy's affidavit, citing ongoing litigation. In January 2005, the diocese reached a $100 million settlement with 90 claimants over older childhood sexual abuse allegations. Diocese officials also promised to immediately alert police to reports of abuse instead of letting the accused perpetrators leave a parish or school. This case – filed in July 2005 – is the first in Orange County since the settlement. Diocese officials fought to keep the depositions in the case private. But the judge ruled depositions of school administrators must be taken, and the school must provide records on faculty accused of sex abuse from 1988 to 1997. "If there is a pattern and practice of protecting abusers we are entitled to know it," said John Manly, an attorney who has handled past sex-abuse claims against the diocese and now represents the former student. "The diocese and this high school need to come clean so parents can know their children are safe."
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