Category: IRCP

  • California Bishops to Start Passing Out Cash to Victims: Why Now?

    California Bishops to Start Passing Out Cash to Victims: Why Now?

    In September, a representative for bishops in six California dioceses will begin mailing out information packages to survivors of clergy sex abuse.

    These packets will discuss a church-run compensation program for years of shame, suffering and cover-up perpetrated by priests and bishops across the state.

    I am not a fan of these programs at all. Having seen why these programs started and how they operated in New York and other areas, we know how the bishops use them to keep perpetrators hidden and kids in danger of abuse. You can read my blog series about the New York Independent Reconciliation and Compensation Programs here. The plan administrators for California are the same—Ken Feinberg (pictured above) and Camille Biros—as New York.

    If you get one of these packages, what should you do?

    DO NOT fill it out and send it back in without FIRST talking to a lawyer. There are lawyers who specialize in clergy sex abuse cases and have handled IRCP cases that have eventually turned into lawsuits. Remember, each diocese has a cadre of lawyers to defend their every interest. You should at least have one on your side.

    What are these programs?

    These compensation programs are the bishops’ way of getting ahead of statute of limitation reform. First implemented in New York when legislative change was on the horizon and bishops anticipated of flood of sex abuse and cover-up lawsuits, bishops offer these programs of “quick cash” in order to get survivors to sign away their rights and allow the church to keep their secrets.

    After New York’s civil window opened in August, hundreds of child sex abuse and cover-up lawsuits have been filed statewide, including many against priests still working in parishes and current and former bishops. We don’t know if these men had been named in IRCP complaints because the bishops will not (and are not required to) tell us.

    Why are the bishops doing it now?

    The bishops in California fear that the same legislative reform that we saw in New York will happen in California within the next year.

    Why aren’t all California dioceses participating?

    Your guess is as good as mine. If you have any good intel, let me know.

    The dioceses that ARE participating are Los Angeles, Orange, Sacramento, San Bernardino, San Diego, and Fresno.

    What should you do if you get a package?

    The package may arrive as a surprise. You may or may not have told your family members. People in your life may end up finding out about something that you have been keeping to yourself for a long, long time.

    First: Remember, the abuse was not your fault. You were a child and it was a crime. This package is an intrusion, and I am sorry that it had to show up this way. I really don’t know of a better way to do it.

    Next: Take a deep breath. Open it and read what it inside. Hiding or ignoring the envelope will not make the pain any easier. Nor will it make your life “business as usual.” You can only heal a wound by cleaning it.

    Then, call a lawyer. Do your research. Ask me. Talk to the Crime Victim Bar Association. Talk to someone who has handled these cases before against the Catholic Church.

    Who qualifies for these programs?

    We don’t know. Every diocese in New York was different. Victims of religious order priests (Jesuits, Norbertines, etc) never qualified, but sometimes victims of deacons did. Each diocese also had a different protocol.

    Do I think that no one should participate?

    In a perfect world, I would tell every survivor to tell the bishops to pound sand. But it’s not a perfect world. Talk to a lawyer. Only you know your predicament. Only you know what you can withstand.

    I will say this: every survivor I talk to comes forward so that they can expose their perpetrator, expose the cover-up, and ensure that what happened to them never happens to another child. Very little of that is possible with a compensation program.

    Stay tuned here for more information. And if you get a package, let me know.

     

     

     

  • The Diocese of San Diego: The Land of Smoke and Mirrors

    The Diocese of San Diego: The Land of Smoke and Mirrors

    Yesterday, the Diocese of San Diego issued a press release, calling an “all hands on deck” meeting about child sexual abuse.

    At the meeting, which is scheduled for Tuesday, August 13,

    “All diocesan employees will hear about the steps the diocese is taking to protect children and young people, and on the moral and legal responsibilities shared by all of the diocese’s employees, not just mandated reporters, to report suspicions of child abuse,” said the news release.

    Among the “education” employees will receive at the meeting and subsequent presentations:

    One [presentation] will explore the church’s response to the sexual abuse crisis. Another will review the obligations of staff members who are mandated by law to report suspected abuse. And a third will underscore every employee’s mission to raise awareness of potential sex abuse and to act to prevent it even if they are not mandated reporters.

    Of course, the whole clergy sex abuse cover-up thing happens in the bishop’s office. But I digress.

    Out of all of the public relations spin in the article, it was this little nugget that caught my eye:

    No priest of the San Diego diocese has been found to have sexually abused a minor since 2004, as determined by the Independent Review Board, said the report.

    That’s interesting.

    Let’s see. The monsignor who admitted to destroying evidence of child sex abuse was answering the sex abuse hotline in 2015.

    A priest who sexually assaulted a 19-year-old and pled guilty was allowed back into a parish. You can read the graphic nature of the assault here.

    But San Diego thought it was no big deal. They put him back into his former parish, and only removed him when advocacy groups got upset. Then, they hid him in Oklahoma City and told church officials there that the assault was “just a big misunderstanding” and that there were a bunch of people in the room when it happened. Lies.

    Gee, if they were willing to lie about this, what else are they lying about? How about a bankruptcy? When the Diocese declared bankruptcy in 2007, according to the LA Times: 

    Judge Louise De Carl Adler ordered the diocese to explain at a hearing next month why she should not throw out the bankruptcy filing. The diocese, she said, has been “lax, ineffective or indifferent” in its oversight of parishes.

    “Some parishes are actively and deliberately hiding assets from the diocese or inappropriately designating donations as restricted to circumvent or evade the direction of the diocese and/or the court,” the judge wrote, citing the findings of a court-appointed financial expert who reviewed the diocese’s financial records.

    In other words, believe nothing San Diego Bishop McElroy says. Remember, it’s not an employee or volunteer sex abuse crisis. It’s a clergy sex abuse and cover-up crisis. And the problem has its genesis in McElroy’s office.

  • Independent compensation programs hit California

    Independent compensation programs hit California

    Yesterday, six of California’s Catholic bishops announced an independent compensation program for survivors of clergy sexual abuse.

    I wrote an extensive series on these programs a while back. While the some of the details are different, the facts about these programs remain the same:

    This plan is not about helping survivors. This is about the church writing checks to keep its secrets.

    The flow of information goes one way in the plan: in. Survivors give the plan administrators valuable data, including predator names, dates of crimes, evidence, photos, witnesses, names of other victims, locations, letters, etc. The plan administrators share that with the church.

    The church shares nothing, except a check. They won’t say what they know about a cover-up. They won’t tell us who knew what and when. They won’t tell us what is in the secret personnel files. They won’t tell us how high the cover-up goes. They won’t tell us if anyone will be punished. They won’t verify if other victims have been contacted and helped (or silenced). In some cases, they won’t disclose if the accused is still in a parish. They won’t disclose documents to the survivor or the public. They won’t tell us if there are still crimes within the criminal statute of limitations.

    Is this about protecting children or protecting themselves?

    In other words, it’s business as usual.

    The bishops have put this plan together to stop legislative reform

    There is only one reason that these plans have been introduced (starting in New York and spreading to other states): to stop statute of limitation reform that would allow victims of child sexual abuse to use the civil justice system to expose their predator and the institution that covered up that abuse.

    SOL reform has been rumbling around the halls of Sacramento for a while. California’s bishops think that they can 1) persuade legislators that reform isn’t necessary and 2) silence a large number of the victims in the more embarrassing cases.

    Not all survivors are included

    If the Catholic Bishops want to persuade legislators that they are doing the right thing, the first thing they should do is construct a plan that would include ALL of the victims in their dioceses.

    But they don’t. Survivors who were abused by lay teachers (like me), volunteers, or religious order priests are not included.

    Why have some bishops signed on and others have not?

    I can understand why Stockton (the diocese that sought bankruptcy reorganization a few years ago) would exclude themselves. But where is San Francisco? Why are they standing aside in this process? San Francisco has also never released a list of credibly accused clerics.

    How many secrets will be kept in this process?

    No one will ever know.

    What should you do if you were abused in one of these dioceses?

    My knee-jerk reaction is always: RUN AWAY! My second, third, and fourth reaction are also: RUN AWAY. Huge strides have been made in SOL reform in the past few years, and now that Jerry Brown is out of office, I expect great changes in California, and soon.

    BUT: I am not in every survivor’s shoes. I don’t know if a survivor is dying of cancer, has a tremendous financial need, or is too incapacitated for the legal process. There are a few survivors who may need to take advantage of this plan.

    Always talk to a lawyer. You can get a referral from the National Crime Victims Bar Association here. The bishops say you don’t need one. That’s because they have an army of attorneys. They will also assign you one of their attorneys at the end of the process to help you sign away your civil rights.

    Don’t you want to go into the process on equal footing? The church has not cared about survivors once in the past 60 years. Why would they suddenly become self-sacrificing now? Get a lawyer.

    The entity who benefits most from these plans is the church. Paying a victim is far cheaper than paying a lawyer to defend the victim’s civil case.

    Remember: no child is kept safer with an independent compensation plan.

     

  • Victims Deadline – Archdiocese of New York – November 1, 2017

    Victims Deadline – Archdiocese of New York – November 1, 2017

    The Independent Reconciliation and Compensation Plan is not perfect. But because of it, last week, victims were able to expose two, decades-long hidden priest perpetrators.

    One of the predators—Casper Wolf—taught in a Bronx high school for 27 years. The Archdiocese knew about allegations entire time. And said NOTHING.

    If you were sexually abused by a diocesan priest in the Archdiocese of New York, you owe it to yourself (at the very least) to check out the Independent Reconciliation and Compensation Plan in the Archdiocese of New York.

    In fact, you can go all the way to the very end of the IRCP process, get the Archdiocese to admit (or not admit) what happened to you, see what they offer, and walk away if you want.

    But if you don’t explore the plan, you’ll never know.

    The deadline for phase two of the Archdiocese of New York is THIS WEEK: November 1, 2017. 

    The Dioceses of Brooklyn and Rockville Center have unveiled IRCPs of their own, with different nuances. You can read more about the plans here.

    My advice: don’t go in without a lawyer. The Archdiocese has dozens on their payroll. You should have at least one looking after your best interests.

    Here are the known credibly accused diocesan priests in the Archdiocese of New York, according to Bishop Accountability and the most recent IRCP settments:

    John Albino

    Juan Bazalar

    John Brady

    Daniel Calabrese

    David Carson

    James (Jaime) Duenas

    Anthony Eremito

    Keith Fennessy

    Thomas Gaffney

    Alfred Gallant

    John Gallant

    Gennaro Gentile

    Anthony Giuliano

    Richard Gorman

    William Greene

    Wallace Harris

    Raymond Hynald

    Lawrence Inzeo

    Kenneth Jesselli

    Charles Kavanagh

    Peter Kihm

    Morgan Kuhl

    Ralph LaBelle

    John W. Lennon

    Donald T. Malone

    Arthur Manzione

    Patrick H. Martin

    Albert J. Mazza

    Henry Mills

    Kenneth O’Connell

    Michael O’Herlihy

    John O’Keefe

    Edmond Parrakow

    Jorge Pintado

    Edward Pipala

    Christopher Pliauplis

    Patrick Quigley

    Francis Stinner

    Joseph Theisen

    Donald Whelan

    William White

    Casper Wolf

    Gennaro “Jerry” Gentile

     

  • The next domino falls: Rockville Center NY

    The next domino falls: Rockville Center NY

    The Catholic Diocese of Rockville Center, NY has announced an Independent Reconciliation and Compensation Plan. These plans, administered by Ken Feinberg and funded by the individual dioceses, aim to compensate victims for abuse.  You can read more about them in my four-part series here.

    Victims of sexual abuse in the Long Island Catholic diocese of Rockville Center began receiving letters last week. I predicted this back in July. 

    Like the other plans in the Archdiocese of New York and the Diocese of Brooklyn, victims receiving letters are in “phase one.” These are men and women who have previously come forward to the diocese to say that they were sexually abused.

    Rockville Center, however, is a very unique place.

    Rockville Center: Used Intimidation to Trick and Silence Victims

    A 2003 Suffolk Grand Jury Report found, according to the New York Times:

    Roman Catholic Church officials on Long Island [protected] scores of pedophile priests for decades by using sham policies and a bogus ”intervention team” to trick and silence victims, cover up crimes, avoid scandals and hold down financial consequences.

    The panel said the Diocese of Rockville Centre — the nation’s sixth largest, with 1.3 million Catholics in 134 parishes in Nassau and Suffolk Counties — had protected at least 58 abusive priests with aggressive tactics that purported to help victims and their families but that actually used intimidation, claims of confidentiality, hush payments and other means to avoid lawsuits and publicity.

    Since 1990, the diocese has maintained a special ”uninsured perils fund” to cover sexual abuse claims, asbestos exposure and trampoline accidents, the grand jury found. It said the fund, raised from parish collections, had paid $1.7 million in claims — none for asbestos exposure or trampoline accidents — but still had $11 million in its account last October.

    As for dangerous priests, it said they were shuffled from parish to parish and often allowed to minister to children, while recommendations for psychiatric treatments were ignored and a ”legal affairs” team, ostensibly set up to help sexual abuse victims, worked to suppress legal claims and husband the money.

    ”The grand jury concludes that the history of the Diocese of Rockville Centre demonstrates that as an institution they are incapable of properly handling issues relating to the sexual abuse of children by priests,” the special grand jury said in a 180-page report based on a nine-month inquiry.

    The facts are ugly. You can read the whole report here.

    The Players

    We have no idea how many priests sexually abused children in the Diocese of Rockville Center. The Grand Jury Report lists many of the men as “Priests A-W.” Here is a list of some of the known diocesan priests who are publicly accused of abuse. More details on the public allegations against each of the priests is here.

    Peter A. Allen

    Daniel Babis

    James Bergin

    Brian Brinker

    John Butler

    Michael Carroll

    Gerald (Jerry) Chasse

    Basil Peter Congro

    Damian Lawrence Cooper

    Edward D’Andrea

    Thomas DeVita

    Angelo Ditta

    Peter Duvelsdorf

    Matthew Fitzgerald

    Michael Hands

    Kenneth Hasselbach

    William Logan

    John Mahoney

    Joseph McComiskey

    Brian McKeon

    George J. Michell

    Andrew Millar

    James C. Miller

    Salvatore J. Miraglia

    John D. Mott

    Joseph T. Mundy

    Kenneth T. Nee

    Louis I. Newman

    Frank J. Parisi

    Alan J. Placa

    Charles A. Ribaudo

    Brendan Riordan

    Robert Saccacio

    Thomas G. Saloy

    Richard Schaefer

    Alfred Soave

    Raymond Stegmann

    Gerald Twomey

    Nicholas Unterstein

    Eugene Vollmer

    James C. Williams

    Gregory Yacyshyn

     

    Alan J. Placa

    By far the most interesting name on the list is Placa’s. A close friend of Rudy Giuliani’s, Placa has been accused of molesting teens. He is currently employed by Giuliani’s consulting firm.

    Although Placa was “cleared” by Rome, Placa’s accusers have never been able to use the US courts to seek civil justice or to gain access to Placa’s secret files. Placa’s Vatican trial was secret.

    This is Placa’s alleged victims’ chance to demand accountability. Although victims will not gain access to the files in Placa’s case, the Diocese of Rockville Center is going to have to “put its money where its mouth is,” so to speak.

    What’s up in NY and Brooklyn?

    I don’t know. If I hear anything, I will post it here.