Prospect of a Lucrative Pay-Off, California Catholic Daily, January 6, 2011

Prospect of a Lucrative Pay-Off

California Catholic Daily
January 6, 2011

http://www.calcatholic.com/news/newsArticle.aspx?id=c192a034-2ae9-4bba-95b6-299016723c2c

Attorney says many accusations of sexual abuse against priests are false claims spurred by Church's deep pockets; victims' advocacy group calls his claims "outrageous and hurtful"

An attorney who represents some Catholic priests of the Los Angeles archdiocese once accused of sexual misconduct with minors has filed a declaration with Los Angeles Superior Court alleging that as many as half of the abuse allegations are either "entirely false" or "greatly exaggerated."

The 10-page declaration, filed by attorney Donald H. Steier, comes as a hearing is pending before a judge who will decide whether archdiocesan personnel files and psychological records of priests accused of sexual misconduct will be released to the public.

"Steier has played a role in over one hundred investigations involving Catholic clergy in Los Angeles," according to TheMediaReport.com, which describes itself as a site "examining anti-Catholicism and bias in the media."

A source close to the case told California Catholic Daily that Steier represents some 34 priests whose cases were either dismissed or who were exonerated of any wrongdoing. "The release of such court documents is not fair to those who are not guilty, not fair to the innocents," said the source, who spoke to CalCatholic on condition of anonymity.

"One retired F.B.I. agent who worked with me to investigate many claims in the Clergy Cases told me, in his opinion, about ONE-HALF of the claims made in the Clergy Cases were either entirely false or so greatly exaggerated that the truth would not have supported a prosecutable claim for childhood sexual abuse," said Steier in the declaration, which he signed under penalty of perjury.

"In several cases my investigation has provided objective information that could not be reconciled with the truthfulness of the subjective allegations," said Steier's declaration. "In other words, in many cases objective facts showed that accusations were false."

"I have had accused priest clients take polygraph examinations performed by very experienced former law enforcement experts, including from L.A.P.D., the Sheriff Department, and F.B.I.," Steier asserts in the declaration. "In many cases the examinations showed my clients' denial of wrongdoing was 'truthful,' and in those cases I offered in writing to the accuser to undergo a similar polygraph examination at my expense. In every case the accuser refused to have his veracity tested by that investigative tool, which is routinely used by intelligence agencies."

Steier's declaration also noted that some allegations of sexual abuse by priests were made by "plaintiffs who testified that they realized that they had been abused only after learning that some other person -- sometimes a relative -- had received a financial settlement from the Archdiocese or another Catholic institution." He noted that victims' advocacy groups had set up hotlines and advertised for clients searching for plaintiffs to file suit against the Church. "The prospect of a lucrative pay-off from the Archdiocese and is insurers certainly affected some accusations," said Steier's declaration.

"In my investigation of many cases, I have seen the stories of some accusers change significantly over time, sometimes altering years, locations, and what activity was alleged -- in every case, the changes seemed to have enabled or enhanced claims against my clients, or drastically increased alleged damages," said Steier in the declaration. "I am aware that false memories can also be planted or created by various psychological processes, including by therapists who might be characterized as 'sexual victim advocates,' if not outright charlatans."

Steier said in the declaration that about 700 psychiatric 'Certificates of Merit,' required by law before a sexual abuse lawsuit can be filed in a California court, "were signed by the same therapist."

Steier's declaration provoked a swift reaction from the Survivors Network of Those Abused by Priests (SNAP), a national abuse victims advocacy group.

"SNAP considers Steier's remarks to be among the most outrageous and hurtful ever made by a church defense lawyer and is filing a formal California Bar Association complaint against him," said a statement issued by SNAP. "(It's the first time SNAP has ever done this in its 22 year history.) The group also wants Cardinal Mahony to denounce Steier's claims and to disclose how much archdiocesan money has been paid to Steier."

"Steier's legal maneuver is the latest in a long series of moves by him and Catholic officials to block the disclosure of thousands of pages of long-secret files concerning hundreds of LA-area child molesting clerics," said SNAP's statement.