Church in
Crisis
L.A. district attorney seeks access to all abuse files
By ARTHUR JONES
Los Angeles
In what the Los Angeles Times called “the latest and
potentially most important dispute in the yearlong investigation of the
Catholic church [Los Angeles archdiocese] by prosecutors,” in the past
five weeks four archdiocesan priest-officials have testified before a grand
jury.
Each priest has served as archdiocesan vicar of the clergy during
Cardinal Roger Mahony’s 17 years as Los Angeles archbishop.
In Ventura County, one of three counties covered by the
archdiocese, the grand jury investigating clerical sexual abuse is the
instrument through which the Los Angeles County district attorney is seeking
access to all archdiocesan files relating to abuse.
According to the Feb. 21 Times, the archdiocese is
asserting its constitutional right to withhold files containing privileged
information between a bishop and a priest. Some files were handed over Feb.
22.
Archdiocesan attorney J. Michael Hennigan said it is the
archdiocese’s “desire to help law enforcement” but there is a
limit on the state’s access to private files. “They don’t get to
rummage freely through diocesan files. We don’t understand why they need
to.”
Los Angeles District Attorney Steve Cooley was quoted as saying he
will continue to insist on the release of all files: “No one and no
institution -- not even men of God or the archdiocese of Los Angeles -- is
above the law.”
Cooley said his office would continue “to utilize the tools
we have at our disposal -- criminal investigations, subpoenas and the grand
jury -- in an effort to shed light on this sad and disheartening
scandal.”
While Ventura County prosecutors are investigating “at least
three former priests,” Hennigan said he will oppose releasing documents
affecting 17 priests suspected of abuse, arguing they are subject to
attorney-client privilege and patient-therapist privilege. “We’ve
always said we’d turn over documents that aren’t privileged,”
but that the archdiocese will object to releasing some files in the Michael
Baker case.
In 1986, Baker, an archdiocesan priest, told Mahony he had
molested children (NCR, Jan. 31). Mahony sent Baker for treatment, did
not report the incidents to the police, and permitted him to remain an active
priest until he finally removed him following new allegations. Baker was
allowed to retire in 2000.
The Times said the vicars of clergy to appear before the
Ventura County grand jury were Santa Barbara Bishop Thomas J. Curry and Msgrs.
Richard A. Loomis, Timothy J. Dyer and Craig A. Cox.
Arthur Jones is NCR editor at large. His e-mail address
is ajones@attbi.com
National Catholic Reporter, March 7,
2003
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