By Ashley Ritchie and Winston Whitehurst
KMPH
March 18, 2009
http://www.kmph.com/Global/story.asp?S=10025892&nav=menu612_2_7
[with video]
By Ashley Ritchie and Winston Whitehurst
Cardinal Roger Mahoney walked out of the Fresno courthouse Tuesday after just his second time testifying in a clergy sex abuse lawsuit.
At the center of the allegations are brothers George and Howard Santillan, who claim they were sexually abused by their Wasco priest, Anthony Herdegen, for more than 14 years.
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"The fundamental question is: did the diocese know or should they have known?" David Clohessy said.
Clohessy, an advocate for survivors of clergy abuse, says the fact that Mahoney testified Tuesday not only shows the magnitude of this case, but the conviction of the accusers.
"Only in a couple of dozen cases have the survivors been brave enough, strong enough, and determined enough to get this far, and get it into a courtroom so the full truth could be exposed," Clohessy said.
"I mean, who better than Cardinal Mahoney to explain what happened during a period of time while he was in charge," Attorney David Mugridge said.
Jurors have yet to hear directly from the Santillans, but did hear an audio recording taped in 2003, where George Santillan confronts his alleged abuser.
In the recording, Anthony Herdegen is heard saying, "Whatever I did to you, George, I apologize."
But as for whether or not the jury will find fault with the church for the priest's alleged actions is anyone's guess.
"Sometimes trials can settle in the midst of proceedings once somebody begins to see the light a little bit, wouldn't be the first time that that's ever happened," Mugridge said.
"In a small diocese, in a small parish, two boys being molested for 14 years on an almost daily basis, it's just hard to believe that anyone will believe not a single church employee knew or should've known," Clohessy said.
Cardinal Mahoney told the court he didn't recall any case of sexual abuse of a child while he was working for the Fresno diocese.
The Santillan lawsuit was initially thrown out by a trial judge, but revived in May after Cardinal Mahoney's deposition was reviewed.
Judges said Mahoney's testimony could indicate that higher-ups in the Fresno diocese had been alerted to the alleged abuse.
Mahoney last appeared in court in 1998, over allegations by two Stockton-area brothers who said they were abused under Mahoney's watch for some of the time.
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