Cover
story Church in Crisis -- Spotlight of scandal moves westward
By ARTHUR JONES
Los Angeles
The nationwide Catholic clerical sex abuse scandal is not going
away. The spotlight is shifting westward to California, particularly Los
Angeles, where hundreds of new sex abuse suits are queuing up before the
courts. Already comparisons are being made to the situation in Boston.
Major differences are apparent. For starters, there has not been
nearly the outcry from Catholic or media quarters here that there was in
Boston. The reason, according to one expert, is that Los Angeles is not a
Catholic city in the way Boston is -- the Southern California citys
economic-political structure (despite a recent Catholic mayor) has always been
essentially Protestant.
Questions about Los Angeles Cardinal Roger M. Mahony have not been
publicly discussed or debated with the intensity that focused on Boston
Cardinal Bernard Law. The Los Angeles Times has even editorialized that
Mahony has acted aggressively against priests who have abused children.
How much such perceptions will change in the coming months is, of
course, unknown. Although the new spate of lawsuits will occur statewide, the
main focus will be Los Angeles, the largest archdiocese in the country. Mahony
is staring at a severe test of his public credibility in coming months as
lawyers for those suing the archdiocese have let it be known that they intend
to press for full disclosure of documents related to their cases.
Different cities, different
cardinals
In essence, Los Angeles lacks the critical mass of
critical Catholics that marks Boston. More than 40 percent of the Los Angeles
archdiocese is Catholic; more than 50 percent is Catholic in Boston. But it is
the immigrant population in Los Angeles that is majority Catholic, not the
white population.
Boston College history professor Thomas H. OConnor, and
Fernando Guerra, director of the Center for the Study of Los Angeles at Loyola
Marymount University explain the distinctions.
According to OConnor, while the city of Boston does have a
large new immigrant population that is very traditional, humble, pious,
obedient, it also has old line Catholics in city and
suburbs [who are] are third- and fourth-generation, increasingly college
graduates, middle and upper middle-class, and managers, presidents, CEOs and
CFOs of enterprises large and small, private and public, and deeply involved in
the regions political life.
Where the scandal is concerned, OConnor explained,
people raise the issue that the Catholic church is not a democracy. Well,
neither is General Motors, General Electric. Yet these [Boston Catholics] are
used to being consulted on decision-making in their various areas. They expect
to be heard. This is a very important consideration in the crisis that
developed.
The historian said Boston Catholics were not shocked by the
evils committed, they live in the world. Its that these activities were
condoned and aided and abetted by people who did not consult them or, if they
did consult them, turned their backs on whatever advice was given.
In Los Angeles, Guerra said the history and role of the Catholic
church in the two cities were quite different. We dont think of it
this way but Los Angeles has historically not been a Catholic city, but
historically one of the most Protestant, non-immigrant cities in the
country.
While in Boston the Catholic presence in a sense dominates
and structures how [all Bostonians] talk about religion, he said, in Los
Angeles the Catholic church has hardly been involved in the major institutions
or patterns of dialogue.
Now it is, he said. Catholics are now the
plurality, the largest religious affiliation. But thats very
recent -- it didnt really take hold until the 1980s, even the
1990s.
Unlike in Boston, many of Los Angeles elites, civic leaders,
and those who lead the civic dialogue either are not Catholic or, if Catholic,
it is not the Catholic affiliation that thrust them into the civic or political
arena, Guerra said.
Another contrast, suggested Guerra, is that
Cardinal Mahony is probably a much better politician than Cardinal Law, a much
better politician in a less political town. And that has given him greater
stature to deal with [the scandal] and deflect it and handle it. He also had
the experience of watching what was going on in Boston -- and learned from it
and adjusted accordingly.
Hundreds of new cases
In interviews with four plaintiffs lawyers pursuing hundreds
of cases in California, it became clear that while lawyers might agree to legal
proceedings that would avoid full-blown trials, they are just as determined to
force the archdiocese -- and the other California dioceses -- to divulge
extensive documentation on their cases.
As the year opens, plaintiffs lawyers anticipate there could
be more than 500 new cases filed in the state during 2003. This upsurge is the
result of a 2002 change in the California statute of limitations that allows
employers of known sexual molesters to be sued during this calendar year. More
than 100 new cases have already been filed against the Los Angeles archdiocese.
The four leading lawyers in those cases see Los Angeles
archbishop under the same kinds of pressures -- though not necessarily with the
same consequences -- that forced Bostons Cardinal Law into retirement.
As local cases mount -- and the California hierarchy seeks to
mediate the hundreds of new cases rather than battle them individually in the
courts -- lawyers have agreed to the judges request to hold off filing
new suits pending the courts decision on mediation.
NCR (see accompanying story) has also illustrated what
Angelenos have learned in the past 12 months by excerpting highlights from sex
abuse coverage in the regions newspaper of record, the Los Angeles
Times. Given the legal communitys intense interest, there also are
several excerpts from the legal newspaper, the Los Angeles Daily
Journal.
NCR requested on-the-record interviews with Mahony and
archdiocesan lawyers. These were refused on the following grounds:
The archdiocese is currently in discussions with attorneys
representing those people who have cases against us as a result of the new law.
We hope that these discussions lead to mediation for all of the cases against
us. Mediation is preferable to conflict, and all parties have stated this in
various ways over the past few weeks. We believe we are adequately insured for
all claims that may be brought against us as a result of the new law.
The court has barred all parties to these discussions from
talking about the proceedings in public or with the media. That includes a
prohibition on discussing specific cases and actions. We will abide by those
instructions from the court. It is impossible to reconcile your request to
discuss clergy sexual abuse issues with the order put forth by the court. The
archdiocese will continue to reach out to victims of abuse to provide
counseling and spiritual support. We seek healing for victims and for the
entire church. That is why we will also continue to follow and modify as needed
our policies and procedures regarding sexual abuse by clergy, policies that
have been in place since 1988.
Lawyers favor mediation
NCR interviewed the plaintiffs lawyers on four
topics: their observations on Mahonys situation as leader of the
archdiocese; on contrasts and comparisons between the Boston and Los Angeles
situations; on what they have learned in the past 12 months of dealing with the
Catholic hierarchy; and their perspectives on the victims situation. All
favor current attempts at mediation, providing the documents and details are
made public, even if the plaintiffs names are not.
The lawyers were Raymond Boucher of Beverly Hills, a Catholic;
Jeffrey Anderson of St. Paul, Minn., who is not Catholic but was married in the
Catholic church; Katherine Freberg, an Episcopalian; and John Manly, a
Catholic. The latter two were partners in the Marcus Ryan DiMaria case in which
DiMaria charged that he was abused while a high school student in the Orange,
Calif., diocese. He won a $5.2 million settlement from the Los Angeles and
Orange dioceses. Freberg and Manly now practice separately.
Of Mahony Freberg said, Anyone [who is] part of the
hierarchy is certainly under a tremendous amount of pressure. If they come into
this with dirty hands they know whats happened in the past and they know
whats going to happen in the future.
Boucher, who said Mahony is under the same pressures and threats
as Law, has something Law didnt have -- experience and a chance to
watch what emerged out of Boston and learn from the mistakes that took place.
Roger Mahony has a chance to save himself and a save a lot of embarrassment if
he does the right thing, if hes learned youve got to be up front.
Parishioners want to know that the hierarchy is going through a complete act of
contrition and penance.
Continued Boucher, [Mahony] has the opportunity to change
the face of the final chapter in Los Angeles and not duplicate what happened in
Boston. I hope hell cooperate in turning over documents in a forthright
manner, work to ensure that any priest accused of molestation is properly
investigated, and if [guilty of] inappropriate behavior, promptly removed.
Well see what kind of man and leader emerges in the coming weeks and
months.
Said Anderson, There are two differences between Mahony and
Law, right now as I see it. The first is that Mahonys problems first
began to surface in the trial in 1998 in which we had him on the witness stand
[as former bishop of Stockton] and I subpoenaed him as an adverse
witness. In that case, apparently, Mahony was not convincing and the jury
awarded the plaintiffs $30 million.
It was Howard v. Diocese of Stockton,
said Anderson, and the jury did not believe [Mahony] and returned a
verdict against the diocese for conduct when Mahony was bishop. In the
case, two brothers sued the Stockton diocese in civil court. The plaintiffs
contended that Mahony and other church officials had known since 1976 the
abusing priest, Oliver OGrady, was a sexual molester. Mahony said he had
never read the diocesan file on OGrady, who had earlier admitted abusing
girls and boys. OGrady was jailed, then deported back to Ireland,
defrocked.
On the other hand, Law has never been adjudicated by any
court, said Anderson. The other difference, he continued,
is that the [pressure] in the media and from the laity did not mount in
Los Angeles and Stockton the way it did in Boston. And there are two reasons.
First, that was one case, and there has been a disgorgement of a large number
of cases [in Boston]. And so the litigation in Boston is far more advanced than
currently in California.
We will be in California in three or four months where they
were in Boston three or four months ago, Anderson said. And in
three or four months, as the documents start to come to us and we bring them to
the public, Mahony will be in precisely the same predicament that Law is --
that what is laid bare and exposed is a long pattern of deception, concealment
and sinister activity.
The two cities and situations are not comparable, however, said
Manly of Costa Mesa, Calif. Boston has a horrific statute of limitations
issue that California doesnt. So, what Mahony does is up to Cardinal
Mahony. But Ill tell you this. I think that if the documents that come
out of L.A. hint at what I think theyre going to hint, I think Cardinal
Mahonys path should be clear to him, if its not already.
What Ive learned in the past 12 months,
continued Manly, is that any illusion Ive had about this being 1 or
2 percent of priests in the U.S. has been shattered. This is clearly a national
problem. Spiritually and emotionally, its monstrous, proportions I never
dreamed about. And in terms of dealing with the church Ive learned there
is nothing the hierarchy wont engage in to prevent the faithful learning
the truth -- the extent of it.
All this talk about were sorry for the victims and we
care. Its just words, said Manly. All these folks have run
out and set up these victims hot lines and then they secretly staff them
with attorneys. Its duplicitous -- theyve learned
nothing.
Boston has taught us several things, said Boucher,
that we have to push, and push hard to get the information. That two
things need to emerge from the process -- one, what happened and why, and two,
that things are put in place so this can never happen again.
Anyone involved in these cases is watching Boston,
said Freberg. I also believe every cardinal and bishop in the country
turns every morning to their local paper to read whats going on there,
and the lessons learned. Dioceses across the country can come through this
process -- first by cleansing the church by releasing records theyve held
secret for so long. Without that, I dont know how you go on the road to
solving the problems, getting recovery for the victims and moving beyond
scandal.
She is equally concerned and convinced, she said,
that by far the majority [of victims] will not come forward. We always
had the impression from the cases we heard, contacts with victims, that this
was the tip of the iceberg, said Freberg. Ive heard
statistics that less than 10 percent [of victims] even tell someone.
Nor does she think the scandal will necessarily ebb. If it
has been going on, based on hundreds of victims, from the 1940s through the
1990s, with consistent molestation in every generation, why would we come to
the conclusion the molestations will cease?
Freberg insisted, Secrecy is not the answer. These victims
who were abused as kids will eventually grow up to be adults with adult voices.
They will eventually speak out when theyve gained maturity.
Manly said that in the past year, the court system has
learned that this problem is real, its not false allegations. The system
has learned the extent to which these victims have suffered and the extent to
which the hierarchy, for years, has lied to the authorities. The archdiocese
has not learned anything. Except some pretty good public relations
strategy.
And the key to this is the documents. Get the documents. If
the hierarchy comes clean with the documents the public will know. Thats
where this battles going to be fought.
Level of candor has changed
In the past year, said Freberg, the candor level has
changed. Having litigated against the church in the past, discovering the facts
of the case, what weve seen [now] is a willingness on behalf of the
church not to put us through those battles -- which they will lose anyway.
Theyve spent a lot of time and money and effort to keep information
secret and lost.
If change is occurring, said Anderson, it is largely the effect of
people within and outside the church exerting pressure on the church so
that it is cracking, and resulting in reformation. I think it is
transformative.
Boucher, a former altar boy, said, I love the Catholic
church. This is one of the most painful things I have ever faced. The hardest
thing is facing the betrayal, not so much by the priest, but by those in power
and authority, and their refusal to be straightforward on this issue. Their
unchanging demands that no scandal comes to the church, irrespective of what
sins it may create; to lie about what happened to save face and save money.
Its hard for me.
Its harder for the victims, he said. The
shame is there for them for life. It is difficult to become survivors and to
realize it was not their fault. They did not cause the priest to molest
them.
Nationwide, lawyers handling these cases have been frustrated for
years by institutional intransigence -- whether facing off against dioceses, or
congregations such as the Benedictines in Minnesota (NCR, Dec. 13 and
27) or the Franciscans in Santa Barbara. In the latter instance, in July 2000,
plaintiffs lawyers complained that they had achieved only a hollow
victory, another example of the Roman Catholic church throwing money at a
problem which has plagued it for centuries: pedophile priests, in the
words of the Los Angeles Daily Journal on Sept. 18, 2000. That case was
a mediated complaint against the Santa Barbara Province of the Order of Friars
Minor. More than 40 choirboy victims were allegedly assaulted by a dozen friars
at St. Anthonys Seminary. In his diary one friar gushed about the
constant supply of attractive little boys in the Santa
Barbara Boys Choir, which practiced and performed at St. Anthonys until
1987, when the seminary closed.
Nationwide, too, the damage to the church is constant in its loss
of public credibility.
All four lawyers spoke at some length on what they see as the
irreparable damage done to the churchs moral teaching authority by the
Catholic hierarchys efforts to deny, deceive and delay handling of the
scandal. In Los Angeles, they believe, it may not be too late for the hierarchy
to steer the issue into clearer, cleaner waters.
Americans nationwide will be watching. As the scandals
epicenter seems poised to shift from Boston to California, to use The
Christian Science Monitors phrase, theres some evidence the
national medias attention will do the same.
Arthur Jones is NCR editor at large. His e-mail address
is arthurjones@attbi.com
National Catholic Reporter, January 31,
2003
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