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  Attorneys Attack Church's Wall of Secrecy

KTVU [Hayward CA]
March 28, 2005

HAYWARD, Calif. -- The Roman Catholic Diocese of Oakland practiced a policy of secrecy, negligence and disregard for children's safety that led to the sexual abuse of two altar boys more than 20 years ago, a plaintiffs' attorney argued Monday at the start of a civil trial that could influence hundreds of similar cases throughout California.

"This was not an isolated incident," attorney Rick Simons told jurors during opening statements. He said the diocese gave the Rev. Robert Ponciroli "the opportunity and green light for sexual molestation and abuse of children with actual knowledge of his history and knowing disregard of their safety."

The case, which involves two former Antioch altar boys suing the Oakland diocese, stems from one of more than 750 lawsuits that have been filed against Catholic dioceses in California since a 2002 state law temporarily lifted the statue of limitations on decades-old claims of sexual abuse by priests.

The case of brothers Bob and Tom Thatcher is the second lawsuit to go to trial, and the first that seeks punitive damages that could substantially raise the amount of money cash-strapped dioceses must pay to victims. Negotiations for settlements continue for more than 150 other sexual abuse lawsuits filed in Northern California.

The first case to reach trial ended Thursday when a San Francisco jury awarded $437,000 to 47-year-old Dennis Kavanaugh, a former altar boy who sued the Archdiocese of San Francisco claiming he was repeatedly abused by a San Jose priest in the early 1970s.

On Friday, the Roman Catholic Diocese of Stockton agreed to pay $3.6 million to settle claims by two victims molested by a Lodi priest who was later deported to Ireland.

In the trial that started Monday in Alameda County Superior Court in Hayward, Bob Thatcher, now 34, and Tom Thatcher, now 33, claim they were fondled by Ponciroli when he was pastor at St. Ignatius parish in Antioch in 1980.

The Oakland diocese, which includes more than 80 parishes in Alameda and Contra Costa counties, does not deny the abuse occurred.

Jurors must decide whether to award damages to the Thatchers, who were 8 and 10 at the time of the abuse. The two brothers are seeking compensatory damages, and Bob Thatcher is also asking for punitive damages to prevent future sexual abuse by priests.

Diocese attorney Allen Ruby told jurors that the Oakland diocese has formally apologized to sex abuse victims and parishioners, and that the last allegations of priestly abuse occurred more than 15 years ago. He said in recent years, the diocese has implemented policies and training programs for priests and diocese employees to protect children.

"The central question is whether and to what extent these measures reflect real and enduring change, and whether an award to Bob Thatcher -- above and beyond what is needed to compensate him for his injury -- is necessary and right," said diocese attorney Allen Ruby.

During his opening statement, plaintiffs' attorney Simons said that memos written in 1975 by Bishop Floyd Begin showed that the diocese knew of complaints that Ponciroli had molested altar boys years before he was chosen to head St. Ignatius in 1979 and molested the Thatcher brothers.

Ponciroli, who now lives in Florida, was arrested two years ago to face six counts of felony child molestation in California, but the charges were dropped because the legal deadline for prosecution had expired.

Simons said the two brothers have suffered a range of emotional and substance abuse problems as a result of the molestation more than 20 years ago. Bob Thatcher now works as a sales manager in Arizona, and Tom Thatcher lives in Florida with his wife and children.

"We will ask for a verdict that imposes full responsibility on the defendant for the harm they have suffered ... recognizing that this was not an accident, but a policy of knowing disregard," Simons said.