Oakland diocese settles sex suits
Oakland Tribune, CA - 5 hours ago
... They had sought up to $27 million, yet praised the trial's result: a legal record of diocesan negligence in shuffling pedophile priests from parish to parish ...
Oakland diocese settles sex suits
Church to pay $56.4 million in abuse cases, one of the largest deals to date
| By Josh Richman, STAFF WRITER |
| The Roman Catholic Diocese of Oakland has agreed to a $56.4 million settlement with 56 childhood sexual abuse survivors, capping three years of litigation and four months of intense negotiation. This ranks among the largest settlements reached by U.S. dioceses in the abuse scandals that have rocked the Catholic Church in recent years. The Oakland Diocese — serving half a million Catholics in Alameda and Contra Costa counties — will pay about $25.3 million itself, with the rest covered by its insurers, to end all existing sex-abuse lawsuits naming it as a defendant. Bishop Allen Vigneron issued a statement expressing his "heartfelt hope that reaching this resolution will help victim-survivors move forward ever more securely along the path of healing." He and all East Bay priests will do all they can to make it so, he added, renewing his apology to victims and his commitment to ensuring children's safety. California in 2003 enacted a yearlong window in which childhood sexual abuse victims could file claims previously barred by the statute of limitations; a flood of about 800 lawsuits ensued statewide. The Diocese of Orange County last December agreed to a $100 million deal with 87survivors; the Diocese of San Francisco in early June agreed to a $21.3 million deal with 15 survivors, though others are moving toward trial; the Diocese of Sacramento in late June agreed to a $35 million deal with 33 survivors; and the Diocese of Santa Rosa in late June settled eight of its nine remaining lawsuits for $7.3 million. Elsewhere, the Boston Archdiocese in 2003 agreed to an $85 million settlement with 553 clergy abuse survivors. The Oakland Diocese agreement actually is a series of separate settlements for varying amounts of money between the Diocese and each individual abuse victim, supervised by Alameda County Superior Court Judge David Hunter. "Each case was individually negotiated, but no case would be settled unless every case was settled," said Hayward attorney Rick Simons, the abuse survivors' lead counsel. Some terms were agreed upon months ago, but were unenforceable until the final cases and details were worked out Friday, he said. Simons said the settlement is "a great relief" to Catholic children who suffered in silence for years. "They can now know with certainty their families, the public, and their Church believe the unspeakable did occur, and that responsibility has been taken by the institution that allowed its children to be molested by their most trusted figures," he said, praising Vigneron and diocese attorney Steve McFeeley for their "deep commitment to a fair resolution of each case." Simons in April persuaded an Alameda County jury to award $1.93 million to two brothers, Bob and Tom Thatcher, who'd been molested by former Antioch priest Robert Ponciroli about 25 years ago. They had sought up to $27 million, yet praised the trial's result: a legal record of diocesan negligence in shuffling pedophile priests from parish to parish instead of keeping them from preying on children again. And Bob Thatcher's punitive damages were an almost unprecedented instance of an entire California diocese being punished as institutionally responsible for specific sexual abuse. Simons said Friday the Thatchers' jury award will be replaced with Friday's deal. "The purpose of the global settlement was to allow the Diocese of Oakland to end |
all lawsuits involving the decades of sexual abuse of children ... and that includes cases in whatever procedural stage they were in."
Terrie Light, regional director of the Survivors Network of those Abused by Priests, or SNAP, said there are as many reactions to a global settlement like this as there are individual plaintiffs, but the prevailing feeling probably is relief that this emotionally trying process is done.
Some will feel a sense of accomplishment that they helped hold the church accountable for the harm it did, she said, and will feel their pain mitigated. "But it doesn't make it go way, that's for sure," she said.
Light said she's concerned for the feelings of victims who came forth individually long ago and weren't part of this recent rush of lawsuits, as well as for those who missed the window of opportunity to sue. "They're going to come forward now and the door will be shut to them."
Also included in Friday's settlements were cases involving:
-Former priest Stephen Kiesle, accused of molesting boys at parishes in Union City, Fremont and Pinole. Kiesle was sentenced in June 2004 to six years in prison for molesting a young girl in 1995 at his Truckee vacation home.
-Former priest Donald Eugene Broderson, now of Richmond, accused of abusing children while serving at parishes in Fremont, Alameda, Hayward, Dublin and Castro Valley.
-Former priest Robert Freitas, now of Hayward, accused of abusing children while serving at a Fremont parish.
The Archdiocese of Los Angeles and Diocese of San Diego still have many lawsuits pending against them. Simons said the Fresno, Stockton and Monterey dioceses have some as well, and several cases remain against various independent religious orders.
Vigernon's news release said the diocese's portion of the settlement will be initially funded by a loan to the diocese and eventually through selling some assets. The diocese's budget will absorb interim increases in interest expenses due to the increase in debt, with an unknown effect on diocesan services.
But no parish assets will be sold, and funds raised for other specific purposes — including construction of the new Cathedral of Christ the Light near Oakland's Lake Merritt — won't be used in the settlement, the release said. Also, the diocese will continue to:
-Maintain its "zero tolerance" policy for clergy, workers and volunteers, so nobody with a credible complaint of abuse against them will remain in ministry;
-Obey requirements to report complaints to police;
-Conduct annual performance audits to ensure policies are being followed;
-Maintain an independent review board to evaluate complaints and advise the bishop;
-Do background checks on priests and others entering the diocese;
-Train clergy, workers and volunteers to recognize and report possible abuse;
-Fingerprint all clergy, workers and volunteers with jobs involving children.
Contact Josh Richman at [email protected] .