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LA Archdiocese Settles More Than 500 Abuse Cases before Trial

California Catholic Daily
July 16, 2007

http://www.calcatholic.com/news/newsArticle.aspx?id=683bfd6a-e0ea-4486-8a75-305c23ccfca1

Los Angeles — Just days before the first of 13 clergy abuse trials against it was to begin, the Los Angeles archdiocese announced it had agreed to a settlement of $660 million with alleged victims of clergy sexual abuse. This morning, a judge approved the settlement agreement.

But one lawyer representing more than 100 plaintiffs says the fight is not over.

Under the agreement, the archdiocese will pay $250 million, its insurers, $227 million, and religious orders, $60 million. A remaining $123 million is up for negotiation between plaintiffs and the religious orders, though the archdiocese said it would cover what the orders do not provide.

"We particularly appreciate the sensitivity and personal efforts of Cardinal Mahony in bringing important parts of this settlement together," lead plaintiffs' lawyer Ray Boucher told today's Los Angeles Times.

Katherine Freberg, an attorney representing 109 plaintiffs, said the settlement is as high as it is because the archdiocese has fought so strenuously against releasing confidential personnel files of accused priests to victims and the public. "It has been like painful dental surgery trying to get this information," Freberg told the Times.

Part of the settlement includes an agreement by the archdiocese to turn over priests' files to a retired judge, who will decide what parts of them will be made public. Cardinal Mahony, however, has indicated he thinks priests' psychiatric reports should remain sealed. "Under California law, these documents are privileged, and there must be a compelling reason to release the. I leave that to [the judge]," he said at a Sunday news conference.

"We have another huge fight ahead," said Freberg.

The settlement, though the largest by far in the United States, would be dwarfed by what juries might award plaintiffs if their cases went to trial. In May, a jury ordered the diocese of Rockville Center, New York, to pay one victim $5.9 million and another, $5.5 million. Under the Los Angeles settlement, each victim will receive about $1.3 million. Up to 40% of the money paid out to the plaintiffs will go to their lawyers.

Jury selection for the first trials against the L.A. archdiocese was set for July 17, involving deceased Father Clinton Victor Hagenbach, an archdiocesan priest from 1961-1987. One plaintiff, Billy Sanchez, told the Times in 2005 that he had met with Mahony on April 19, 2002 about the abuse and two months later received a check for $1.5 million. Sanchez's brother, Steve, who also claims abuse by Hagenbach, said Mahony would not meet with him. That was because, archdiocesan attorney J. Michael Hennigan told the Oct. 16, 2005 Times, by the time Steve came forward, "what seemed like isolated events were about to become an avalanche."

The archdiocese claims that Billy Sanchez's was the first accusation it had received against Hagenbach. Mahony came to Los Angeles less than two years before Hagenbach died.

Combined with earlier settlements, the entire cost for resolving the archdiocese's sexual abuse cases will be $774 million. To cover its portion of the payment, the archdiocese is "trying to sell buildings that do not impact the core ministry of the Church. We are not selling any parish properties or parish schools to meet this indebtedness," Mahony said Sunday.

 
 

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