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	Release of Perpetrator Priest Files: Document Protocol Begins Now and Hearings Coming. LA Archdiocese Still Pays Legal Fees for Priests to Object By Kay Ebeling City of Angels May 19, 2008 http://cityofangels4.blogspot.com/2008/05/la-archdiocese-pays-legal-fees-of.html When I sat in on a meeting between a plaintiff and Roger Mahony this month, she asked the cardinal, Where are the documents that you're supposed to release as part of the settlement? The cardinal said shed have to go to her lawyer and request the files, and then expect objections from the priests, a process which most plaintiffs would find daunting after six years of legal issues. The cardinal was wrong. What he told the plaintiff, who was meeting with him for healing and renewed trust, was incorrect. The archbishop said the priests on their own object to release of their files, claiming privacy rights (see May 12 post). Mahony told the plaintiff shed see the priests attorney Donald Steier in court if she pursued this legal action. Cardinal Mahony archbishop of Los Angeles assured my friend, as I sat there listening, that he had nothing at all to do with release of documents on perpetrator priests, which was part of the settlement of the LA Clergy Cases. For one, the archdiocese pays legal costs for the priests to object to release of their documents. Steier admitted in testimony in the court of appeals that he was paid by the Los Angeles archdiocese to represent the priests. Quotes here are from a phone conversation last week with Tony DeMarco, of Kiesel Boucher Larson, lead plaintiff attorneys in the LA cases against the Archdiocese. DeMarco took issue with Mahony's words; Steier does not work for free and those priests are not the ones who are paying him hourly. Where do you think the money is coming from? They're trying to say its all the priests objecting to release of documents, but the archdiocese is paying the lions share of the bill for Donald Steier to represent them. Here is the Document Protocol: Ill be doing an en masse request, DeMarco said last week. Im getting all the signatures now, putting together the applications to the court. Then when and if the priests object, hearings on their objections will be public. City of Angels will watch for the hearings on release of these documents: Here is how it will be done: We dont know for sure that it will be Justice Edward A. Panelli (retired from the California Supreme Court), who will review the files, but his name is even written into the settlement agreement. First it has to wait for an order from Judge Emilie Elias, DeMarco said, then we'll have to figure out the process with Panelli. The Priests' Objections: "Its my understanding, Panelli will hear the legal challenges by the priests," DeMarco said. I said, that's the kind of hearing a lot of survivors would want to attend. DeMarco said, They should. This is what a lot of us were fighting for. The compensation was important, but we had almost every perspective juror in the Salesians cases raising their hand that the church was lying. Theres a lot of details in those files. He added: Depositions regarding these cases are part of the protective order Judge Fromholz issued. He issued a guideline for what has to be under seal. He didn't say each one is under seal, he said everything is under seal. So now I have to go back and figure it all out. We'll have hearings with Judge Elias next, he said, adding they would be in a matter of months. The motion DeMarco files will mark the first time anyone has compiled and calculated how many perpetrator priests there were in the LA and San Diego settlements last year, and who is connected to which plaintiffs. DeMarco is putting together this en masse request by putting together for the first time each perpetrator and the plaintiffs in their cases. Then Ill be the one getting the files to the judge for review." Panelli lives now in Santa Clara, CA. We have to make sure there will be public hearings, DeMarco said. Again, City of Angels will keep an eye on the calendar and as soon as these hearings on release of documents on perpetrator priests in LA are announced, we'll post the dates here. The first hearings will be in Judge Emilie Elias court on Commonwealth and Sixth near Lafayette Park. The money is already there, DeMarco said: Enough has been put away to make sure the judge who will be reviewing the files on an hourly basis can be paid. Panelli, retired from the California Supreme Court, is the name that is actually written into the settlement to review the files, DeMarco said. Enough money has been put away to make sure the judge who will be reviewing the files on an hourly basis can be paid. With the application DeMarco will file shortly, if priests object, there will also be hearings Judge Emilie Elias court. Once she gives her okay, these files can be sent to Panelli for review, DeMarco said. Plaintiff attorney Tony DeMarco will file en masse request, then hearings will be public, re the release of files of perpetrator priests in LA and San Diego cases. DeMarco said it states in the 2004 Report to the People of God that the Archdiocese will pay for priests attorneys, as long as the priest is never convicted of a crime: Of course the priests are conveniently never totally convicted: I think the quote from LA Archdiocese report hes referring to is this under Legal Expenses: In the context of the recent criminal and civil complaints against the priests, the Archdiocese has provided certain individual priests with loans to enable them to obtain legal representation in criminal investigations prior to being charged. Following indictment, the Archdiocese no longer provides legal support and will not provide bail. In civil cases, the Archdiocese provides limited funds for an initial review of the matter and has provided loans when needed by the priest for the assertion of certain constitutional rights prior to trial.
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