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  San Diego Diocese's Possible Bankruptcy Declaration Decried

By Michael Fisher
The Press-Enterprise [California]
February 19, 2007

http://www.pe.com/localnews/inland/stories/PE_News_Local_D_diocese20.1a60e73.html

Victims' advocates lambasted a weekend announcement that the Roman Catholic Diocese of San Diego is considering declaring bankruptcy to avoid trial in almost 145 pending clergy sexual abuse lawsuits, some of which also name the San Bernardino Diocese.

With the first of the long-stalled lawsuits set to start trial next week, critics described the possible bankruptcy filing as an attempt by San Diego church leaders to further delay the cases and to prevent public disclosure of their role in protecting the priests.

The first case set for trial involves a woman who claims she was molested as a teenager in Highland in 1972 by Monsignor Patrick O'Keeffe, a longtime Inland priest.

The San Bernardino Diocese is not named in that lawsuit. Diocesan officials declined to say Monday whether the Inland diocese also is considering declaring bankruptcy to protect its assets from pending lawsuits.

"It is unfortunate that matters in San Diego have reached this point. We continue to pray for a fair and just settlement for all the parties involved," said the Rev. Howard Lincoln, spokesman for the San Bernardino Diocese. He declined to comment further.

In a letter given to his parishioners Sunday, Bishop Robert Brom, leader of the San Diego Diocese, said diocesan attorneys have been unable to reach a settlement with lawyers for those who claim to have been molested by priests.

"Good stewardship demands that settlements not cripple the ability of the church to accomplish its mission and ministries," he wrote, adding that "If this cannot be done through settlement negotiations, the diocese may be forced to file Chapter 11 reorganization in bankruptcy court."

Four of the nation's 196 dioceses — Tucson, Davenport, Spokane and Portland — have declared bankruptcy in the face of clergy-abuse lawsuits.

The San Diego Diocese's offices were closed Monday for Presidents Day and officials there did not respond to telephone calls or e-mails seeking comment. The diocese managed Catholic parishes in Riverside and San Bernardino counties until the San Bernardino Diocese was formed in 1978.

In 2004, officials with both dioceses said the San Diego Diocese had agreed to indemnify the San Bernardino Diocese in cases alleging clergy sexual misconduct before 1978. On Monday, Lincoln declined to comment on the existence of such a deal or how it might be affected if the San Diego Diocese declares bankruptcy.

Such an arrangement, if it exists, could be unwound by a bankruptcy judge, said James Spindler, assistant professor of law and business at USC.

More than 20 lawsuits have been filed targeting 14 Catholic priests or religious brothers who worked in the Inland area since the mid-1950s. At least 17 of those cases name the San Bernardino Diocese and, in many instances, also the San Diego Diocese.

Declaring bankruptcy would halt the pending lawsuits against the San Diego Diocese, but portions of the cases targeting the San Bernardino Diocese could conceivably proceed, said attorney John Manly, who represents people suing both dioceses.

"Bishop Brom may have just handed the Catholic people of San Bernardino a big bill," Manly said.

"What this is about is they are terrified people are going to find out what they did and what the bishop knew and when he knew it. This is not about money. This is about disclosing information and giving people their day in court," Manly said.

Five cases are set to start trial in succession in San Diego courts, starting with the lawsuit alleging sexual misconduct by O'Keeffe, who returned to his native Ireland in 2002. That lawsuit targets the San Diego Diocese and St. Adelaide Catholic Parish in Highland.

Nicki Rister, the Colorado woman who accuses O'Keeffe of molesting her as a teenager 35 years ago, said Monday that she was irritated, but not surprised that the San Diego Diocese is considering declaring bankruptcy.

"I'm ready to go to trial," Rister said. "I take it one day at a time. ... It's all up in the air right now."

In his letter, Brom apologized to those abused by priests, saying "on behalf of those who caused you pain, and in the name of the church, I beg your forgiveness." To diocesan priests, he wrote, "While only a few among us have been guilty of abuse, all of us have suffered shame."

Reach Michael Fisher at 951-268-9470 or mfisher@PE.com

 
 

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