By Matt Krasnowski
Union-Tribune
July 17, 2007
http://www.signonsandiego.com/news/state/20070717-9999-1n17settle.html
A judge approved a record $660 million settlement between the Archdiocese of Los Angeles and 508 victims of clergy sexual abuse during an emotional hearing yesterday punctuated by sobs, jeers and a moment of silence.
The deal, averaging about $1.3 million per plaintiff, is by far the largest payout by any diocese in the nation since the Roman Catholic sexual abuse scandal broke five years ago.
"This is the right result," said Los Angeles Judge Haley Fromholz, who credited lawyers and two other judges for their hard work during settlement talks.
But it was clear that bitter feelings remained as victims in Superior Court heckled a church lawyer and taunted Cardinal Roger Mahony.
• Q&A: L.A. archdiocese's clergy abuse settlement
"To the victims who are here, it is our deep regret that this took so long," said Michael Hennigan, an attorney for the archdiocese.
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| Jaime Romo, a victim of sexual abuse by clergy in the Archdiocese of Los Angeles, said yesterday that monetary damages help to hold the church accountable. Photo by Nadia Borowski Scott |
"Not accepted," a man said loudly from the gallery.
Mahony sat in court silently. As court let out, one woman loudly said, "Resign, Mahony." Another person said, "Go to hell, Mahony."
After court, the cardinal released a statement. "I am aware that this day in particular is a day for the victims to speak," he said, adding he would spend the rest of the day "in prayer for the victims."
Under terms of the settlement, the archdiocese will pay about $250 million and insurance companies will cover $227 million. Various other Catholic orders will cover the balance, lawyers have said.
The settlement calls on the archdiocese to turn over internal files on accused abusers to a retired judge who will determine what should be released to victims and the public. But lawyers said exactly what will be given to the judge has not been finalized.
Los Angeles County District Attorney Steve Cooley said yesterday that his office's five-year investigation into clergy abuse is still open. It may be aided by the settlement's provisions dealing with the release of church documents on abusive priests.
"If these documents reveal evidence of criminal activity on behalf of individual priests or anyone else, we will pursue them," Cooley said.
In court, the lead attorney for the victims, Raymond Boucher, struck a conciliatory tone. He even thanked the insurance companies, who he said helped finalize the settlement, noting that a week ago it seemed there would be no resolution. The outlook changed on Friday.
The attorney, who choked up at times, credited the plaintiffs for having the courage to take on the church. Boucher asked for a moment of silence for victims who have died over the course of the negotiations.
He also asked the plaintiffs in the packed courtroom to stand and be recognized. Some of them wept openly.
"It is their courage and commitment that made this possible and I think they deserve a tremendous debt of gratitude," he said.
Boucher also credited Mahony, even though he noted that some victims may never forgive him.
"He took steps that I think that only he could take and if left to the lawyers and others in the church, he would not have settled this case," Boucher said.
In turn, Hennigan said the plaintiffs forced the church to address this scandal.
"I'd like to say that the church would have been reformed without these cases, but I don't know that's true," Hennigan said. "These cases have forever reformed the Archdiocese of Los Angeles."
He said that now thousands of church personnel and children are trained to recognize signs of possible sexual abuse.
"My granddaughter, a student at Catholic schools, knows how to talk about it, knows a good touch from the bad touch (and) knows how to talk to her parents. All those things are the good of this process," Hennigan said.
Outside of court, plaintiffs and victims-rights groups said the church is still supporting abusive priests, and they hoped criminal charges would be filed against church leaders. Many mocked an apology Mahony issued Sunday.
"If he were sorry, there wouldn't be convicted and admitted pedophile priests still on his payroll today," said Lee Bashforth, 37, who was molested at age 7 by convicted priest Michael Wempe.
"Cardinal Mahony got off cheap," said Steven Sanchez, who was one of the plaintiffs set to go to trial yesterday in the case of the late Rev. Clinton Hagenbach, who was accused of molesting 18 boys at several Los Angeles parishes.
Emotions also ran high at a morning news conference in downtown San Diego, where two Los Angeles abuse victims and a longtime expert on these cases said the church hierarchy settled to avoid court trials.
"That money was paid now because if it was not paid now, Cardinal Mahony would be on the witness stand before a judge and before a jury – and he can't tolerate that," said psychotherapist Richard Sipe, a La Jolla resident and co-author of "Sex, Priests, and Secret Codes: The Catholic Church's 2000-Year Paper Trail of Sexual Abuse."
On the sidewalk outside St. Joseph's Cathedral, Sipe accused the local diocese of trying to avoid trials when it filed for bankruptcy protection Feb. 27.
"That has to do with Bishop Brom going on the stand before a judge, before a jury, with all the documents coming out," Sipe said.
But Micheal Webb, Brom's attorney, dismissed that. "He has no concern about it whatsoever," Webb said. "The bishop is an excellent witness. He has nothing to hide. He has nothing to fear. If called to take the stand in court, he will take the stand in court."
Brom, in a letter to parishioners, said the decision to file bankruptcy was made "because of the length of time the process could take and, more importantly, because early trial judgments in favor of some victims could so deplete diocesan and insurance resources that there would be nothing left for other victims."
Paul Livingston, who alleges he was raped by a Los Angeles priest in the 1970s when he was a minor, said he would have preferred to go to court. "Our justice system is focused on settlement," said Livingston, 40, who now lives in San Diego.
Livingston said he does not begrudge his attorneys receiving 40 percent of his settlement, which he said is in excess of a million dollars. "Thank God that somebody listened to us," he said. "You folks would not be here had the attorneys not listened."
Jaime Romo, another Los Angeles victim and San Diego County resident, said monetary damages are a way to hold the church accountable. "In the corporate world, it is a form of letting people know that bad things actually happened," said Romo, 47.
While commending Mahony for reaching a settlement and apologizing to Los Angeles victims, an attorney representing dozens of the San Diego plaintiffs expressed frustration over dealings with Brom and Webb.
"Bishop Brom has abdicated his role and turned it over to his lawyer, who at every step of the way over the past four years has cut victims off at the knees," Del Mar attorney Irwin Zalkin said.
Zalkin said secret mediation sessions between diocese attorneys and those representing the plaintiffs have been taking place for weeks here before U.S. Magistrate Judge Leo Papas.
"Judge Papas, a very experienced and tireless mediator, has set up an intense schedule of negotiations during the week of Aug. 13," Zalkin said. "If a settlement cannot be reached then, a hearing is set for Aug. 23 at which (bankruptcy Judge Louise DeCarl Adler) will hear the motion brought by the victims' committee to remand cases back to state court for trial."
Webb declined to respond. "Judge Papas has made it crystal clear he wants maximum confidentiality, including the schedule," he said.
Mark Sauer: (619) 293-2227; mark.sauer@uniontrib.com
Sandi Dolbee: (619) 293-2082; sandi.dolbee@uniontrib.com
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