Most of Payout to Come from Church Property Sale
By Martin Espinoza and Randi Rossmann
The Press Democrat
September 13, 2007
http://www1.pressdemocrat.com/article/20070913/NEWS/709130320
More details were revealed Wednesday in the Santa Rosa Catholic Diocese's $5.02 million settlement of a lawsuit filed by alleged victims of fugitive Sonoma priest Xavier Ochoa, even as local Sonoma Catholic faithful and clergy victim's advocates applauded the payout.
Diocesan attorney Dan Galvin said the majority of the $5,020,000 settlement will come from the sale of St. Eugene's orchard property, which was sold in 2005 for $5.2 million. The property is located next to the Cathedral of St. Eugene on Montgomery Drive in Santa Rosa.
The rest comes from the church's self-insurance funds, but Galvin said he would not specify what percentage of the payout was covered by orchard property proceeds and what was covered by insurance because the settlement agreement precluded disclosure of such information.
Unique in the settlement is the $20,000 that's coming from Bishop Daniel Walsh himself.
"The bishop volunteered to pay the $20,000 to get the case settled," Galvin said. "I can say that the $20,000 the bishop offered to pay was critical to getting the case settled."
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Galvin said neither personal nor diocese insurance would cover the bishop's portion. Adrienne Moran, the diocesan attorney who negotiated the settlement with attorneys for Ochoa's alleged victims, said Walsh's contribution comes from ministerial stipends, money he gets for performing weddings and baptisms.
Walsh, who was in Washington, D.C., earlier this week attending a meeting of the U.S. Conference of Catholic Bishops, arrived back in Santa Rosa on Wednesday evening.
Repeated efforts to reach him through his spokeswoman Deirdre Frontczak were unsuccessful, but she said Walsh would comment today.
Frontczak said Walsh was "eager" to get the case settled.
"He felt that his contribution would make a difference in reaching a settlement that was satisfactory to everyone," Frontczak said. "That was worthwhile to him."
Ochoa, who most recently was a priest at St. Francis Solano Church in Sonoma, remains at large and is thought to have fled to Mexico in May 2006, a week after admitting to Walsh and other church officials sexual improprieties with several children.
Walsh himself was investigated by the District Attorney's Office for failing to immediately report Ochoa to the proper authorities. Critics say Walsh's delay may have given Ochoa time to flee.
A family member of one of the victims said she was pleased with Walsh's contribution. The family member said that Walsh and other church officials should have investigated Ochoa more thoroughly because of his close ties with Walsh's predecessor, Patrick Ziemann.
"I feel good about it. I'm glad it's costing his pocket book," said the family member, who requested anonymity to protect the identity of the family member.
Catholic parishioners in Sonoma also applauded the settlement:
"I was wondering what was going to happen to those families. That was my main concern," said Pat Westerman, a member of St. Leo the Great Church in Boyes Hot Springs.
Westerman, who once had one of her religious medals blessed by Ochoa, said she was shocked when she learned of the allegations against him because the priest seemed like such a nice man.
"I was hoping that the families would be taken care of," she said. "They're definitely owed restitution."
Walsh was eventually given a counseling diversion program in lieu of criminal charges for the delay in reporting the alleged abuses.
Galvin wouldn't disclose how the $20,000 amount was settled on, or who suggested it be paid.
Ochoa is believed to be hiding in Mexico since he fled Sonoma County. He had been working at the Sonoma church when he admitted to Walsh that he'd had sexual contact with two boys.
David Clohessy, national director of SNAP, the Survivors Network of those Abused by Priests, said the settlement was a positive step for Ochoa's alleged victims.
"Many times settlements bring some validation and relief to those in deep pain and we hope that's the case here,"Clohessy said.
But Clohessy said Walsh should do more.
"Walsh still has a moral duty to use his extensive resources to beg California victims to come forward and to warn Mexican families to stay away from Ochoa."
You can reach Staff Writer Martin Espinoza at 521-5213 or martin.espinoza@pressdemocrat.com. You can reach Staff Writer Randi Rossman at 521-5213.
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