ARTICLES
OCTOBER 2004 ARTICLES
Contents © 2004
by Jim Holman.
All rights reserved.
Beleaguered Mahony
Will the Cardinal Survive the Molestation Crisis?
BY CHRISTOPHER ZEHNDER
Some have called Roger Mahony the "Teflon cardinal" for his ability to survive unsullied the scandals that have besmirched some of his episcopal brothers. But recent events of the sexual molestation crisis -- which in Boston brought down Cardinal Bernard Law -- may lead one to wonder whether Cardinal Mahony this time can escape a rather uncomfortable scouring.
For over two years, Los Angeles County prosecutors have been trying to get from the archdiocese confidential records of two priests accused of molesting minors. The priests, who have not been named, are under investigation by the country grand jury. Cardinal Mahony, however, has argued that the First Amendment guarantees the confidentiality of communications between a priest and his bishop and has refused to release the records to the grand jury. Two years ago, a retired judge, Thomas Nuss, was retained to review the records to see if, indeed, they were in any way immune to grand jury or prosecutorial scrutiny. Finally, on September 8 of this year, Judge Nuss laid down his decision.
According to the September 9 Los Angeles Times, Nuss said some documents -- such as those containing discussions between priests and psychotherapists and priests and penitents -- could be withheld from the grand jury. Documents having to do with the counseling of priests could also be withheld, except for those having to do with the Church's own investigation of possible crimes committed by priests. Church documents detailing the Church's investigation of possible crimes had to be released to investigators. According to Nuss, "the archbishop may not keep confidential the potential evidence or proof of a crime by asserting that such disclosure would interfere with the communications between priests and bishops."
Cardinal Mahony, however, has not accepted Judge Nuss' decision, but said the archdiocese would appeal the decision to a higher court. Donald Woods, Jr., an archdiocesan attorney, called Judge Nuss' ruling "novel" and "inconsistent." Inconsistent with what? With a Ventura County judge's decision, which dismissed a grand jury's subpoena for similar files. But courts in Northern California and in five other states have laid down rulings consistent with Nuss'.
The Times noted that Mahony's decision to appeal "could delay, perhaps for years, the actual delivery of files to the grand jury." How many years is unclear. Cardinal Mahony faces mandatory retirement in a little over six years.
But if Cardinal Mahony can escape the grand jury, he may not avoid what might be a worse threat. According to the August 29 Los Angeles Times, the Los Angeles archdiocese may have to pay out $1.5 billion to settle the hundreds of sexual abuse cases against it. The amount was derived from a request by victims' lawyer Raymond Boucher that insurance companies for the archdiocese lay aside $3.1 million for each individual claimant to settle the more than 500 cases involving archdiocesan priests. (The diocese of Orange faces 60 cases.) Boucher said that the figure of damages for each victim is consistent with nationwide sexual abuse settlements and a Los Angeles judge's secret valuation of claims. Boucher said he doubts that insurance companies covering the dioceses will have the funds to cover the claims made by alleged victims.
But Los Angeles archdiocesan lawyer Donald Woods, Jr. disputed Boucher's figures. "We are still evaluating the cases, but $1.5 billion seems way too high," Woods told the Times. "As far as we know, there is not any diocese anywhere in America that comes anywhere near reaching that amount." Indeed, the archdiocese of Boston paid out far less -- $85 million in settlements to 544 alleged victims, or $50,000 to $300,000 per claimant. But the situation is different in California, say lawyers for alleged victims. For one, the California legislature removed the statute of limitations in civil cases involving alleged molestation; and, unlike Massachusetts, in California there is no cap on the amount of money claimants can get from charitable organizations.
Insurance companies for the archdiocese of Los Angeles may refuse to contribute to clergy abuse settlements, said the August 29 Times story. Chicago Insurance Company, for instance, said it might claim that the archdiocese knowingly placed children in jeopardy and so broke its insurance contract.
But Cardinal Mahony may escape this fate as well, if courts decide that the archdiocese may withhold priests files, said the September 9 Times. Mahony's claim is being tested in civil court in relation to the over 500 civil suits against the archdiocese. According to the Times, lawyers of alleged victims say they need the personnel files to prove their cases.
And the archdiocese has joined the diocese of Davenport, Iowa, to test in court the constitutionality of the California law that wiped out the statute of limitations for civil cases involving sexual abuse of minors. If the court decides in the dioceses' favor, Cardinal Mahony may yet make to the end of his reign with his coat of Teflon intact.