Ochoa Case Costs Diocese $5 Million, by David Bolling, Index-Tribune, September 14, 2007

Ochoa Case Costs Diocese $5 Million
Bishop Personally Pays $20,000

By David Bolling
Index-Tribune
September 14, 2007

http://www.sonomanews.com/articles/2007/09/13/news/doc46e9db96a8eef339027297.txt

The Santa Rosa Diocese has reached a $5 million out-of-court settlement with alleged sex abuse victims of fugitive Sonoma priest Xavier Ochoa. Daniel Walsh, the bishop of Santa Rosa, contributed an additional $20,000 of his own money.

Ochoa remains at large, presumably in Mexico, while law enforcement officials continue a so far fruitless effort to secure an extradition agreement from the Mexican government. He has been charged with 10 felony counts of sex abuse against three victims.

The civil settlement came after a lengthy mediation between the diocese and attorneys for nine plaintiffs who filed a suit Oct. 10 of last year. A 10th plaintiff was added to the settlement, according to attorney Michael Meadows, because there was significant evidence he had been abused but he had not yet decided to file charges and all parties wanted to close the case.

Meadows, whose Walnut Creek law practice has specialized in priest abuse cases, expressed satisfaction with the settlement and said it would not impinge on the ability of the diocese to continue normal operation of church activities. Going in, said Meadows, "(we knew) we couldn't tap into their operating budget."

Bishop Daniel Walsh

Settling the Ochoa case brings to nearly $25 million the publicly acknowledged cost to the Santa Rosa diocese for resolving at least eight priest abuse cases. Diocese attorney Dan Galvin said the Ochoa settlement will leave the diocese "financially strapped" but that the price per plaintiff was "lower than the statewide average."

Part of the settlement money will come from the sale of unimproved land next to St. Eugene's church in Santa Rosa, and the balance will be paid from diocese insurance coverage.

Meadows said the size of the settlement was limited in part by the fact the statute of limitations may have closed on some cases, and because the diocese had limited resources. He said the $20,000 paid personally by the bishop had "symbolic significance" that helped bring mediation to a successful close. Walsh, said Meadows, "came up with the proposal. I construed it as a gesture of good faith and an admission that mistakes were made."

Walsh publicly admitted "an error in judgment" after failing to report information about Ochoa's abusive behavior until three days after the priest confessed some inappropriate activity with an altar boy. The delay violated a state reporting law and gave Ochoa additional time to escape the country.

A subsequent investigation by the Sonoma County Sheriff's Department concluded there was sufficient evidence to support a failure to report charge against the bishop. But instead of subjecting Walsh to a trial, Sonoma County District Attorney Stephan Passalacqua allowed him to enter a "pre-filing counseling diversion program," which he completed in May and therefore received no criminal record.

Both Meadows and Galvin expressed the hope that last week's settlement will close the door on civil claims from Ochoa victims. "We certainly hope so," said Galvin, adding, "We don't know for sure.

Walsh was in Washington, D.C., and not available for comment following announcement of the settlement. Diocese spokesperson Dierdre Frontzak said Walsh has not issued a statement. "We've really been trying to protect the confidentiality of the victims."

Ochoa's sexual abuse allegedly covered more than 20 years and occurred both in Mexico and in Sonoma County. One of his early victims was a 12-year-old boy whose poor Mexican parents innocently allowed Ochoa to bring him to California. Once here, the boy was subjected to years of sexual abuse by the priest.

The plaintiff lawsuit charged that the diocese should have known of Ochoa's behavior long before the priest escaped, since he had been behaving inappropriately for years, showed frequent evidence of alcoholism, and routinely stole church money.