(italicized blue hilites mine...)
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December 6, 2001
LOS ANGELES TIMES
ORANGE COUNTY
Diocese Issues Letter of Apology
Lawsuit: The church acts to seal a record $5.2-million settlement deal in alleged sexual molestation by a priest at Santa Margarita High.
By WILLIAM LOBDELL, TIMES STAFF WRITER
The Archdiocese of Los Angeles on Wednesday sent out an unprecedented personal letter of apology in a molestation case involving a priest, marking the end of a high-profile lawsuit that included a record $5.2-million settlement.
The contents of the letter closely match a short apology read by church lawyers in court Tuesday, church officials said, though the archdiocese declined to release the letter.
"Let me be clear: the archdiocese abhors sexual misconduct," John P. McNicholas, attorney for the archdiocese, said in court. "Sexual abuse is a profound contradiction of the teaching and witness of Jesus Christ. On behalf of the archdiocese, I apologize for what has happened to [Ryan DiMaria]. It never should have happened." A written apology was the last major sticking point in the landmark settlement that prompted the dioceses of Los Angeles and Orange to revamp some policies to do a better job of preventing molestations by priests and providing more support for victims.
"The judge saw that we really do consider these to be serious matters, and they are reflected in our policies," said Tod M. Tadberg, archdiocese spokesman.
DiMaria, a former student at Santa Margarita Catholic High School in Rancho Santa Margarita, had filed suit alleging that he was molested twice in 1991 by Msgr. Michael A. Harris, a priest whose charismatic style earned him the nickname "Father Hollywood."
The Diocese of Orange already had issued written apologies to DiMaria and four others who claimed Harris molested them. The other four gave testimony to bolster DiMaria's claims, but they weren't parties in the lawsuit.
The Los Angeles Archdiocese was named in the lawsuit because DiMaria contended that diocese officials knew of earlier molestation allegations against Harris dating back to the 1970s but did nothing about them. The archdiocese has denied prior knowledge.
Harris, who was recently removed from the priesthood by the Vatican, has denied the allegations and accused church officials of settling the case for "their own business reasons."
But officials of the Los Angeles Archdiocese had balked at putting the apology in writing. At first they said the plaintiff's attorney had asked them to wait. In court this week, church attorneys argued that a written apology would leave them open to a libel lawsuit by Harris, whose attorney already had threatened litigation, since Harris has never admitted to the alleged molestations.
Attorneys also said the letter wasn't needed because Catholic representatives had apologized to DiMaria at least twice during the settlement conferences and once in court.
But DiMaria's attorney, Katherine K. Freberg, said she wanted a written apology from the church, a demand that was part of the original settlement agreement. On Tuesday, church lawyers agreed.
"I think they had a hard time swallowing their pride and admitting they were wrong," Freberg said. "It's also tacit admission" that priest molestations take place.
In the past, officials from the Los Angeles Archdiocese said, they have delivered verbal apologies to molestation victims, and last year Cardinal Roger Mahony wrote a letter in which he publicly apologized for actions that Catholics committed while representing the church, including sexual misconduct. But this was the first written apology to an individual.
Archdiocese spokesman Tadberg said the church could have more easily written the letter if Freberg hadn't settled with Harris after he agreed to leave the priesthood, even though he never admitted guilt.
"It puts folks in a delicate position," Tadberg said. "The agreement they reached with [Harris] let him off scot-free--no admission of guilt, no apology, no trial. [Freberg is] responsible for putting us in this position."
Freberg said getting Harris removed from the priesthood was one of DiMaria's primary goals, along with creating new rules to prevent molestations.
"The only people responsible for what happened here is Michael Harris and the dioceses that ignored the evidence that they had a molester in their midst," Freberg said in an interview. "Isn't it typical for the diocese to turn around and make the victim the bad guy?"
DiMaria couldn't be reached for comment, but the national director of Survivors Network of those Abused by Priests said victims usually want two things when they come forward: the priest removed and a formal apology.
"The irony and tragedy of the Catholic Church is that an initial heartfelt apology would prevent 90% of the further suffering and turmoil" and lawsuits, David Clohessy said. "It does wonders in terms of the victim's healing. We need to know that we've been heard and taken seriously."
Before concluding the DiMaria lawsuit against the archdiocese, Orange County Superior Court Judge James P. Gray said the stories of the alleged victims "made my skin crawl" and left him "crying inside."
"This case will live with me as long as I'm thinking and breathing," he said.
The written apologies were part of an 11-point plan--called "Ryan's Law" by the plaintiff's attorney--agreed to in the settlement and designed to safeguard others from sexual assaults from priests.
Some of the policies merely reinforced current procedures while others strengthened victims' rights.
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AMNESIAN