July 2, 2005

Diocese to pay $35 million to settle sexual abuse claims

Bishop wants to
meet with victims

By Julie Sly
Herald editor

Bishop William K. Weigand, speaking at a press conference June 29, said he wants to meet with victims involved in the settlement to apologize on behalf of the church.
Cathy Joyce/
Herald photo

The Diocese of Sacramento has agreed to pay $35 million to 33 alleged victims of clergy sexual abuse, diocesan officials announced at a press conference June 29.

Judge Richard K. Park, a retired Sacramento Superior Court judge, mediated the agreement, which resolves all pending claims against the diocese alleging sexual abuse by priests against children over the past four decades.

The agreement was reached a day before the first civil case was scheduled to go to trial.

“This sort of thing should not have happened. It must not happen in the future,” said Bishop William K. Weigand, who told reporters he wanted to meet with victims and apologize on behalf of the church. “It is totally contrary to the mission of the church and to the call of a priest or any other worker in the church.”

The bishop said the settlement was reasonable and the diocese acted responsibly in its handling of sex abuse claims.

“It’s a ray of light, a hopeful situation that this is settled,” he said. “There are no winners in any situation of this kind, but we win to the extent that we put it behind us, that we take care of victims, that we prevent it in the future and that we go on serving the community as best we can.”

The clergy sex abuse scandal has “been a terribly heavy burden,” he added. “It’s been like a black cloud over us. But I think we’ve dealt with it up-front and decisively.”

The bishop said the settlement provides care and compensation to the victims of clergy sexual abuse, makes sure that children and young people can be safe in the church and ensures that church ministries and social services are available for all who need them.

James Sweeney, attorney for the diocese, said the abuse cases originally involved 34 plaintiffs, but one has died. Under the settlement, the 33 victims will receive an average of $1.1 million. The first payment of $1.5 million to a trust account for the victims will be made by Aug. 15 and the remainder of the settlement will be paid over six months.

The exact amount of compensation each person will receive will be determined by a process established by the individuals and their attorneys, Sweeney said.

The diocese will fund the settlement through a 15 percent reduction in operating expenses this year, loans, and the sale of diocesan assets. Less than 50 percent of the settlement costs will be paid by insurance, Sweeney said.

Three Catholic religious orders who have had priests serve in in the diocese — Dominicans, Salesians and Redemptorists — are also contributing to the settlement.

Bishop Weigand said no parish assets will be used to fund the settlement, nor will any funds contributed by parishioners as part of the 2002 diocesan capital campaign, “Preserving Our Past, Building Our Future.”

The bishop said he and Auxiliary Bishop Richard J. Garcia have written letters to each of the victims offering to meet privately with them and their families to hear about their experiences, to offer an apology on behalf of the diocese, and to help support their spiritual and emotional healing.

He said private or pastoral meetings with victims without attorneys present were not permitted while litigation was underway.

“One of the happy consequences of the settlement is that we are now freed up to have that contact and hear their stories and offer spiritual care,” Bishop Weigand said. “I certainly hope many of them accept that offer.”

In a statement distributed at the press conference, the bishop said “anyone who has suffered at the hands of a priest or church worker deserves our care and compassion. I ask their forgiveness for the grievous wrongs done to them and pray that this settlement today helps bring them peace and closure.”

The bishop added that the diocese will offer a process of spiritual direction and reconciliation to victims and their families if they are interested in reintegrating into the Catholic community. He said the process will be overseen by a spiritual direction coordinator yet to be named.

The 34 lawsuits against the diocese were the result of allegations against 10 priests over a 35-year period. The diocese made no admission of guilt in settling the cases.

Of the 10 priests, two are dead, three have fled to Mexico, and three have retired or are no longer in active ministry, Sweeney said. None of them were transferred to other dioceses. One, Father Mario Blanco, is an independent, traditionalist priest and is not associated with any Roman Catholic diocese.

One priest’s case was reviewed by the diocese’s Independent Review Board, which found that the allegation lacked credibility and recommended that he be kept in ministry, Sweeney said.

Twenty-five of the lawsuits involved allegations against two priests. Seventeen of the cases allege abuse by Father Blanco, a former Salesian priest who worked in the diocese from 1969 to 1973. Blanco was dismissed from the diocese by then-Bishop Alden Bell in early 1973. The diocese previously settled two cases in which Blanco was accused of child abuse.

Father Blanco, who has been working in a traditionalist church in Tacoma, Wash., is in poor health in a nursing home after suffering several strokes.

Eight of the cases involved Father Francisco Javier Garcia, who was accused of molesting children in Sacramento, Yolo and Colusa counties. Father Garcia fled to Mexico in 1995 and remains wanted on a dozen felony molestation charges in Yolo and Colusa counties.

In a letter to parishioners in the diocese to be distributed at Masses July 2-3, Bishop Weigand said the settlement “does not mean an end to vigilance.” All the steps taken by the diocese over the past three years to protect children and prevent instances of abuse “will remain vigorously in place,” he said.

The ongoing policies and practices include:

• A “zero tolerance” policy for clergy, church workers and volunteers, in which no one with a credible complaint of sexual abuse against them will be permitted to remain in ministry.

• Mandatory reporting of any accusation to law enforcement.

• An annual compliance audit to insure that diocesan policies and practices meet or exceed the standards established in the Charter for the Protection of Children and Young People and the Essential Norms adopted by the U.S. Catholic bishops.

• An Independent Review Board to evaluate complaints and advise the bishop on an accused person’s fitness for ministry.

• Enhanced screening for seminarians, including a second round of testing immediately prior to ordination, fingerprinting and criminal background checks prior to acceptance to the seminary or formation in the diaconate.

• Enhanced screening and background checks for priests and others who transfer into the diocese.

• Special training for clergy, church workers and volunteers to help identify and report possible instances of abuse.

• Fingerprinting of all diocesan clergy, church workers and volunteers that bring them into contact with children.

The Sacramento settlement was the third major one in California since the state enacted a one-year window in 2003 during which victims of childhood sexual abuse could file claims previously barred by the statute of limitations. About 800 claims against the church were filed statewide.

In January the Diocese of Orange and 90 victims there finalized an agreement under which the victims received a total of $100 million. On June 10, the Archdiocese of San Francisco and its insurance carriers agreed to settle 15 clergy sexual abuse lawsuits for about $21, 250,000.

On the same day as the Sacramento settlement, the Diocese of Santa Rosa announced the settlement of eight of its nine remaining child sexual abuse lawsuits for $7.3 million.

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