NEWS
2002 NEWS STORIES
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ROAMIN' CATHOLIC
Contents © 2002
by Jim Holman.
All rights reserved.
NEWS
JULY/AUGUST 2002
A PUBLIC RELATIONS FIRM is attempting to spruce up the archdiocese's image, which has taken a beating because of the cover up of priest molestation over the past months. Sitrick and Company, from Century City, has agreed to run an advertisement campaign to improve the public image of the archdiocese. J. Michael Hennigan, an archdiocese attorney who suggested Sitrick, told the Times (May 30), that the archdiocese "was not doing well in the press. I thought the press was focusing on the very negative aspects without the whole story coming out.' Sitrick said the first order of business will be attempting to separate perception from reality. 'We're trying to get perceptions to equal reality. You can't do anything about what was, only what is and what will be.'"
Church authorities would not reveal how much the archdiocese will pay Sitrick, but according to the Times, the company charged Orange County over $400,000 when it went through bankruptcy in the mid-90s.
DA MANHANDLES MAHONY. In a March e-mail to one of his lawyers, Cardinal Roger Mahony wrote, "if we don't, today, 'consult' with the [Los Angeles police department] about those 3 names, I can guarantee you that I will get hauled into a Grand Jury proceeding and I will be forced to give all the names, etc...." The Los Angeles Times reported that on May 16, in a hand-delivered letter to the cardinal, Los Angeles district attorney Steve Cooley threatened Mahony with exactly that, a grand jury investigation, unless the archdiocese surrendered all documents related to the alleged sexual abuse of children by priests. "Nothing short of a full accounting with written documentation is acceptable," Cooley wrote in the letter to Mahony. "If it is not forthcoming, the grand jury will be utilized to obtain it." Up until that point, according to Cooley, law enforcement agencies had only received verbal information. When asked what evidence, if any, the archdiocese had turned over to date, Cooley's spokeswoman, Sandi Gibbons, replied, "not one scrap of paper." In response to the letter, the archdiocese said in a statement, "We look forward to resolving any misunderstanding that may exist between us, and to continuing our cordial and productive relationship."
A week later, on May 22, Mahony and Church attorneys met with members of the district attorney's office and law enforcement agencies. "The meeting produced a blueprint for further close cooperation between the archdiocese and local law enforcement agencies that are investigating cases of suspected clerical sexual abuse," an archdiocese statement said. Jane Robison, Cooley' s news secretary, however, objected to the archdiocese's claim that the new agreement was continuing the Church's "close cooperation" with law enforcement. "Up until last night there was no cooperation. This was a compliance meeting," Robison said.
The chancery e-mails spoke of eight priests under investigation. To confirm the number, the Mission spoke with the district attorney's press office: "Eight? No, no, no, no. I don't know where you got that; more like thirty ... if not more." All in Los Angeles County? "All in the LA County."
A little more than a week later, according to a June 1 Los Angeles Times story, Cooley again sought grand jury subpoenas to force the archdiocese to turn over files of alleged sex abusers. Donald Steier, a lawyer who represents most of the priests under investigation, said he objected to the turning over of his clients' confidential personnel files. Federal and state privacy laws, said Steier, protect the documents because they contain psychological evaluations. If a grand jury subpoenaed the files, Steier said he would appeal to a judge. In 1995, Steier successfully prevented the subpoenaing of documents in the case of Long Beach priest, Father Ted Llanos, who was accused of child molestation. Deputy district attorney, William Hodgman, agreed to suspend the Friday, May 31 deadline for the archdiocese to turn over the documents because of Steier's objections.
On Wednesday, June 12, the Grand Jury issued subpoenas ordering the archdiocese to turn over the personnel files of three priests accused of molestation: Father Michael Stephen Baker, Father Michael Wempe, Father David Granadino. "We've had the files waiting," Mahony said, according to the Times. "What we've been reminding people is these priests all have attorneys, so it isn't our decision. The district attorney and their attorneys have to work this out. There are a number of ways to do it, and a subpoena is fine."
THE CASE OF FATHER MICHAEL STEPHEN BAKER, which Cardinal Mahony has referred to as the case "that troubles me the most," resurfaced early May when Baker agreed to do a series of interviews with the Los Angeles Times. In the interviews, Baker revealed that in 1986 he told Mahony that he had molested "two or three" boys. He also said that at the time Mahony did not ask for specifics and appeared willing to let him remain in the priesthood. "He was very solicitous and understanding," said Baker. According to the Times, the day after Baker told Mahony of his sexual abuse, he was asked to come back for a meeting with the cardinal and several representatives of the archdiocese. Baker recalled that, at that meeting, an archdiocese lawyer had suggested reporting Baker to the police, but Mahony had replied, "no, no, no."
Baker, now 54, allegedly molested at least nine youths, beginning in 1976 and ending in 1999. After Baker had disclosed his problem to Mahony, he was reassigned, over the course of a decade, to nine different parishes where he allegedly continued his sexual abuse of minors. Six of the churches where Baker was reassigned had elementary schools adjacent to the rectory.
Of the nine alleged victims that have come forward, two are brothers, who allegedly were abused from 1984 to 1999. They wrote a letter of complaint to Cardinal Mahony in 2000 that led to an immediate settlement of $1.3 million and to the quiet retirement of Father Baker. The attorney, Lynne Cadigan, wrote that Mahony and the archdiocese had completely failed to ensure that Baker did not repeat his sexual offenses. She also stated, "I have never had a case in my 19 years of handling sex abuse claims that settled this quickly for this kind of money without even filing a lawsuit".
METHINKS HE SPOKE TO SOON. Returning in April from the Vatican summit of American bishops, Cardinal Roger Mahony said he wanted his archdiocese to be at the head of the Church's efforts to deal with the nationwide sex abuse scandal. "To the extent that we can take our models and our experience and spread those even further, then I am delighted," Mahony told reporters. Since the time the sexual abuse scandals first broke, Mahony has been calling for zero-tolerance of abusive priests.
On May 17, conscious of the imminent article on Father Michael Baker in the Los Angeles Times, Cardinal Mahony rushed a faxed apology to his 1,200 priests in the Los Angeles archdiocese. In the letter, Mahony apologized for not "taking firmer action" against Baker. "It is quite likely that very soon the public media will highlight the case of Michael Baker, a former priest of this archdiocese," wrote Mahony. "You need to be aware that such a story could come anytime now, and you need to be aware of the seriousness of his case."
Within the letter, Mahony admitted to keeping secret the cases of child sexual abuse by Father Michael Baker for 14 years and apologized for his inaction. "Sometime in late 1986, Baker disclosed to me that he had problems in the past of acting out sexually with two minors," Mahony wrote. "I offer my sincere, personal apologies for my failure to take firm and decisive action much earlier. If I have caused you or your parishioners additional grief by my handling of the Baker case, I ask your forgiveness."
Commenting on the letter, John Connolly, a theologian at Loyola Marymount University in Los Angeles, told the Times that the cardinal's actions "surprised and disappointed" him because he had thought Mahony had been aggressively dealing with sexual abuse allegations in the church. However, Connolly said he would oppose calls for Mahony's resignation because he is one of the few moderate cardinals left in the American church. If Mahony were to resign, Connolly said, the "conservative Pope John Paul II" would almost certainly appoint someone "more reactionary."
How such revelations as the Baker case will affect Mahony is unclear -- especially if the United States bishops ever adopt Mahony's proposal for sanctions against negligent bishops. On the opening day of the U.S. bishops conference's meeting, June 13, Mahony, according to the Times, said, "I think we need to take a look at some sort of sanctions" against bishops who are negligent in dealing with molesting clerics.
"ZERO TOLERANCE" FOR THE OLD. On April 23, almost a month before he admitted his mishandling of the Father Michael Baker case, Cardinal Mahony permanently dismissed an 82-year-old priest from the archdiocese under his "zero-tolerance" policy for clerics accused of sexual abuse, according to a May 18 San Francisco Chronicle report.
The Rev. G. Neville Rucker, retired since 1987, was accused of molesting two nine-year-old girls at St. Anthony parish in El Segundo during the 60s, according to court records cited by the Los Angeles Times. Rucker, who went on to serve at five different parishes (the last of which -- Corpus Christi church in Pacific Palisades -- he remained at for over 20 years until he was ousted), has received no other sexual abuse allegations .
Rucker has consistently denied any misconduct at the church, where he served as associate pastor from 1962-1967. One of the alleged victims filed suit against the archdiocese and Rucker in 1993, almost thirty years after the alleged abuse. She claimed she suffered childhood sexual abuse between June 1966 and May 1967. Her suit stated her memory of the acts had been suppressed until 1991, when the other alleged victim of Rucker told her of a similar experience. Neither of the alleged victims pressed for criminal charges, and the one that sued in 1993 was described by her peers as being prone "to make up stories." A Los Angeles superior court judge dismissed the case in July 1994, citing the statute of limitations. Acknowledging no wrongdoing, the case was settled for $20,000, with Rucker's attorney arguing that the woman had believed false memories created by a therapist.
COURT PROTECTS FREEDOM OF CONSCIENCE. Michelle Diaz says that her Christian beliefs prohibited her from giving the "morning after pill" to patients at the Riverside Neighborhood Health Center. The so-called "morning after pill" prevents a fertilized egg from implanting itself in the uterine lining. Because of her refusal to administer the pill, the health center fired Diaz in June of 1999. On May 24, 2002, a federal jury found that the clinic had violated Diaz's constitutional rights of free speech and freedom of religion.
"This is a tremendous victory for our client and for all health care professionals who want to do their jobs without violating their consciences and religious beliefs," said Francis Manion, senior counsel of the American Center for Law and Justice, which represented the nurse. "This verdict sends a very clear message that conscience rights of employees must be respected by employers everywhere."
Manion told the Mission that he believes that this victory "is the first of its kind involving the rights of medical personnel. The message is being sent to medical personnel that they don't have to go along with this [violation of their conscious]; they can do something about it." When asked if he was concerned about that Riverside County is appealing the decision, Manion said that he was not "really concerned" about an appeal. "They will probably ask the judge for a new trial, and that's pretty standard. The evidence was clear that she was fired for talking to the media." Manion said that Diaz was not the only nurse at the clinic who objected to dispensing the morning after pill. "There were five nurses who objected to this, it was a whole nursing staff," he said. Diaz was the only nurse who was fired.
The jury awarded Diaz "damages totaling more than $47,000 -- including $19,000 in damages for back pay, and more than $28,000 in damages for emotional distress," according to the press release issued by the American Center for Law and Justice.
Lucy Mejia, staff supervisor with the Riverside Neighborhood Health Clinic, did not return calls for comment.
A SHARPLY DIVIDED United States Supreme Court ruled 5 to 4 in favor of a Los Angeles city ordinance that prohibits two or more adult businesses from operating from the same building. The ordinance stemmed from a 1977 study by the city of Los Angeles, which found a direct correlation between the volume of adult businesses and the number of crime-related problems in a given area. The following year, the city enacted an ordinance, which prohibited adult businesses from operating within 1,000 feet of each other or 500 feet from a school, church or public park. The ordinance was later amended in 1983 and prohibited two or more adult businesses from occupying the same building.
After the second amending, two adult businesses, Alameda Books and Highland Books, challenged the ordinance. The city lost at the trial level and before the Ninth Circuit Court of Appeals. Both courts said that the ordinance violated the bookstores' First Amendment rights.
On May 14, 2002, the United States Supreme Court reversed the ninth circuit' s decision. The Supreme Court stated that the ordinance did not infringe on the First Amendment rights of adult books stores. "This is an important victory in the fight to keep our neighborhoods safe and create a higher quality of life for our residents," Los Angeles city attorney Rocky Delgadillo noted. Frank Mateljan, spokesman for the Los Angeles city attorney's office, noted that the Supreme Court found that the city of Los Angeles did not violate the bookstore's constitutional rights.
Gary Kreep, executive director of the United States Justice Foundation, which filed an amicus brief on behalf of the Campaign for California Families and Capitol Resource Institute, said that he was pleased with the Supreme Court's ruling. "This decision by the United States Supreme Court is a great victory for the right of local governments to control the spread of sex related businesses in their communities and the harmful effects that such businesses cause. Numerous studies point out how such businesses led to increased crime, including increased use of drugs and prostitution, and resultant negative impacts on neighboring residential areas and businesses. The pornography industry tries to take the 'high road' of claiming that they are simply fighting intrusions upon the First Amendment to the United States Constitution. However, what they are really trying to protect is their ability to earn large profits."
THE DIOCESE OF FRESNO has revised its policies for handling sexual abuse allegations against priests. Although there are few major changes from the original 1992 policies, the new policies (drawn up by a committee of clergy and laymen) give more detailed guidelines to help diocesan personnel when allegations should surface.
The new policies require criminal background checks for all parish priests and school employees. The policies also require that abusers will not be re-assigned to new parishes and that the diocese comply fully with government procedures for dealing with cases of abuse. The new policies state that all allegations of sexual misconduct will be taken seriously, and that all cases involving alleged sexual misconduct with minors must be reported, first to the civil authorities, then to the diocese. Upon receiving a report of misconduct, the "Pastoral Response Team" (formerly the "Sensitive Claims Team"), will meet with the accuser in order to determine the facts. The team will conduct an investigation. In cases where the defendant is determined guilty, the parish will be notified in a manner, chosen by the bishop, which would respect the privacy of the victim, his family, and the accused.
The new policies also forbid out-of-court settlements for cases where the diocese determines the priest is not guilty. Diocesan personnel will be required to undergo "sensitivity training" to learn the "appropriate bounds of conduct."
WHAT'S THE "C" IN CHW? Catholic Healthcare West does not limit its services to Roman Catholics, does not have a chaplaincy or chapel, does not sponsor or conduct religious services of any kind, and does not display any religious symbols -- anywhere. The California Supreme Court, however, recently backed the medical center's decision to fire a clerk who preached Christian views, saying that such organizations as Catholic Healthcare West have the right under the First Amendment to "define themselves and their religious message" and may fire workers for "objectionable religious speech."
Terence Silo, a "born again" Christian, was fired from his job as a file clerk at the Catholic Healthcare West Medical Foundation in Sacramento for trying to "save souls" while on the clinic's premises. A hospital "termination paper" said Silo was being let go because of "soul saving on clinic premises." Catholic Healthcare West, however, denies firing Silo for religious reasons, but because of his work performance.
Silo sued for wrongful termination and initially won on the grounds that the state constitution prohibits religious discrimination. The court heard that, in January 1993, a fellow employee had complained that Silo told her not "to use the name of God in vain," and a patient objected that Silo had been "preaching" to him. The court also recounted that Catholic Healthcare West managers had admonished Silo, and told him he was not to use the word "God ... unless it's off the clock." A superior court jury awarded Silo damages and attorney fees, and a state court of appeal upheld the awards on the grounds that the state constitution bars religious discrimination in the workplace.
On May 16, however, the state high court threw out the lawsuit. The court ruled that religious institutions cannot be held liable for discriminating against employees on the basis of religion.
Anthony Poidmore, who represented Silo, said he welcomed the court's ruling for giving "more clear protection to what I term legitimately religious employers." But he objected to the fact that Catholic Healthcare West was protected by its religious affiliation because, he said, it is really a secular institution.
Because of its Catholic affiliation the organization is exempt from state taxation; but Catholic Healthcare West would not return our calls to confirm in what way they are, indeed, Catholic.
GANG BANG COUNSELING. A priest who was known for his work with Eastside gang members was accused of child sexual abuse May 2 by a 37-year-old former altar boy at a Boyle Heights Church, according to a May 17-23 LA Weekly story. Lorenzo Najera has alleged that the Rev. John Santillan molested him during the late 1970s, between Najera's twelfth and seventeenth years, at Santa Teresita Church. He alleged the priest abused him during retreats in San Bernardino County and on a trip to Europe. Najera sued in 1998, but the civil case was dismissed due to lack of evidence.
Before being assigned to a parish in Bolivia that same year, Santillan had made a name for himself in Los Angeles for his counseling of Mexican gang members and the Mexican mafia at the Ramona Gardens projects. He was also a strong supporter of Los Angeles city councilman Mike Hernandez (who was arrested by Los Angeles police on felony cocaine possession charges) and Councilman Richard Alatorre (who has recently been under house detention for evading income tax.) Santillan was also a noted preacher for the Commerce-based Charisma in Missions, the largest Charismatic Renewal ministry in the United States, and Renovación Carismática (Charismatic Renewal), the leading lay Latino Catholic movement in the United States. In a phone interview from Bolivia, Santillan was reported as saying: "I am not a martyr, but my boss was also accused of hanging around with sinners, publicans, prostitutes and thieves. And what a coincidence, this year on July 19 it will be 33 years since my ordination. My boss was also crucified at that age."
PRO LIFE CENTER MUST MOVE. Alternative Avenues Pregnancy Help Center in Ontario is being forced to move after eight years. The crisis pregnancy center lost its lease when the building was sold to a methadone laboratory. Janet Englehardt of Alternative Avenues said that the center's staff knew that the building was for sale, but did not expect to have to move so quickly. "Unfortunately, the sale has a 30-day escrow," she said. The short escrow period is causing concern at the Ontario facility and among pro-lifers in the Inland Valley. Marie Wideman, pro-life coordinator for the diocese of San Bernardino, sent out an alert asking for people to help with the center's upcoming move.
The tight real estate market in California is a concern for the center. The former owners of the building, who own a chiropractic clinic, will be occupying the center's location because they cannot find similar space nearby. Meanwhile, the center's staff is optimistic that a solution will be found. "We are not in a very good location as we are off the beaten track," Engelhardt said. The center would like to relocate to an area closer to an abortion clinic, either in Montclair or Upland, in order to offer the women coming to the clinics an alternative to aborting their babies. "Our choice [of location] would be on Foothill Boulevard in Upland or on Central Avenue in Montclair," Engelhardt said.
Alternative Avenues Pregnancy Help Center has been in existence for 13 years and is one of the few crisis pregnancy centers in the Ontario area. Those who would like to help out, can call (909) 467-2188
A CIVIL LAWSUIT has been filed against the diocese of Orange and the archdiocese of Milwaukee by a young man who has accused Father Sigfried Widera of sexually abusing him when he was a parishioner at Saint Martin de Porres Catholic Church in Yorba Linda.
Eric Paino's complaint against Father Widera alleges that the archdiocese of Milwaukee knew that Widera had been convicted in 1973 for sexual perversion with a 14-year-old boy (according to court records) and, in spite of this, continued to assign him to parish work were he continued to molest children. Following his conviction, Widera was given three years probation and prohibited from contacting anyone in Ozaukee County, Wisconsin, where the molestation had occurred.
According to a criminal complaint filed against Widera in Wisconsin, one victim, who is now 42, said Widera molested him from the time he was nine until he was 16 years old. The alleged abuse occurred during the 70s. During the same time period, Widera also allegedly molested the man's brother. Another man has also come forward and has accused Widera of molesting him during the summer of 1973. Widera now lives in Pima County, Arizona, where sheriff's deputies are searching for him. A search warrant has been issued for his arrest.
In his lawsuit, Paino says that Milwaukee diocesan officials were negligent in transferring Widera to California when they knew the priest had been criminally convicted of molesting a minor. Widera worked at five different parishes in the diocese of Orange, starting in January of 1977. Paino alleges that the dioceses of Orange and Milwaukee "conspired to move Father Widera from Wisconsin to California due to allegations that Father Widera was molesting young boys in Milwaukee." The complaint states that the diocese of Orange knew that Widera was a child molester and allowed him to work in parishes where he had access to children. Paino's lawsuit states that he was molested by Widera in 1985, that same year, the archdiocese of Milwaukee fired Widera because of allegations of sexual abuse. Widera was then sent to a treatment facility.
Orange County prosecutors have declined to file criminal charges against Widera because the statute of limitations has been exceeded. Several other men are alleging that Widera molested them as well, according to Paino's attorney, Katherine Freberg.
Maria Schinderle, spokeswoman for the diocese of Orange did not return calls for comment. Similarly, calls to the archdiocese of Milwaukee were not returned.
ICONOCLAST CONVICTED. Emad Ibrahim, 35, of Los Angeles was sentenced June 11 to nearly five years in prison for decapitating a statue of the Blessed Virgin Mary at St. Augustine's Catholic Church last October, according to a June 12 Los Angeles Times article. During the same attack, Ibrahim cut off the hand of a statue of St. Rita and stole a statue of Blessed Junipero Serra, after cutting off his feet. Ibrahim took the statue of Father Serra to the nearby King Fahd mosque in Culver City. Earlier that day, Ibrahim had stolen 2,000 copies of a Muslim magazine from a South Central mosque. According to prosecutors with the Los Angeles district attorney's office, the total amount of damages caused by Ibrahim was $15,000.
Members of the King Fahd mosque called police when Ibrahim showed up with the Blessed Junipero Serra statue. They later apologized to church officials for Ibrahim's actions, saying that he was trying to cause problems between the two houses of worship. The Junipero Serra statue has been replaced through the efforts of the William Hannon foundation. The Blessed Virgin Mary statue is on order according to the principal of St. Augustine's school, whose students led the efforts to raise the funds to replace the statue.
Ibrahim has been in custody since his arrest last year. Since his arraignment, he has fired several court appointed attorneys. On the last day of his trial, Ibrahim refused to leave his jail cell and attend court. Los Angeles superior court Judge Robert P. O'Neil sentenced Ibrahim to two years in state prison for damaging the statues, two years for the hate crime that involved the acts, and eight months for the theft of the magazines. Ibrahim is married with several small children and will be given credit for time served.