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	Release of L.A. Priest Abuse Documents in Question By Gillian Flaccus San Diego Union-Tribune September 5, 2008 http://www.signonsandiego.com/news/state/20080905-1742-ca-rel-churchabuse-documents.html LOS ANGELES – A year after a record-breaking clergy abuse settlement, a Superior Court judge on Friday urged attorneys for the Roman Catholic Archdiocese of Los Angeles and alleged molestation victims to resolve a legal impasse that threatens the release of confidential priest files. The issue arose when a retired judge designated in the $660 million settlement to review the files to see if they could be made public suddenly recused himself. The news surprised many who thought the settlement – by far the nation's largest – had closed the books on a nationwide clergy abuse scandal that began in Boston in 2002. The priest personnel files in question contain letters, handwritten notes and reports from doctors and psychologists – and the district attorney has said he will inspect them for evidence of crimes once they are public. Many plaintiffs believe they could contain evidence of criminal wrongdoing on the part of church leaders. When the Diocese of Orange released tens of thousands of pages of similar files in 2005, they showed that two officials who covered up for molester priests years ago remained in top church positions. Another 800 pages that came out in Wisconsin this year showed the church knew of credible molestation reports against a priest but didn't remove him. The settlement last summer called for a court-appointed mediator, retired Justice Edward Panelli, to review the priests' personnel files and decide which papers could be made public. Under the agreement, Panelli's rulings were final. But Panelli said in a letter to the Superior Court dated June 11 that he was recusing himself because he sits on the clergy abuse review board at the Diocese of San Jose. He also received papal awards last year for his community service. The Associated Press first reported on Panelli's recusal and its possible effect on the document release on Thursday. Panelli has not returned repeated calls for comment from the AP and declined an interview request through his assistant. Archdiocese attorney Michael Hennigan said earlier this week that if both sides can't agree on a replacement mediator, the fight over the files could move back to state court. There, both sides could appeal any order over the release of the papers – something that could add months or years to the process. Hennigan said he would cooperate in the search for a new judge, but isn't sure both sides can agree on anyone else. More than two dozen attorneys packed the small courtroom on Friday to argue that issue and related matters with Los Angeles County Superior Court Judge Emilie Elias. Elias, who is overseeing all post-settlement issues for the dioceses of Los Angeles and San Diego, told attorneys to meet privately to come up with the names of other retired justices who could serve. She set an Oct. 8 hearing on the issue. Attorneys said after the hearing, however, that they were uncertain exactly what would happen next – or if they could go forward anytime soon. “The part that was supposed to go to Panelli can't happen now, so we've got to talk about it,” said Lee Potts, an archdiocese attorney. “We're going to try to designate a new special master ... and if we don't, we'll see what she (Elias) wants us to do.” At the hearing, attorneys also discussed the status of sexual abuse cases against the archdiocese that have been filed since the 2007 settlement. Nine cases have been filed, said Venus Soltan, an attorney for the plaintiffs. Meanwhile, a small group of alleged victims protested outside the courthouse and accused the archdiocese of trying to stall the release of potentially damaging documents with legal maneuvers. “They thought we were people who could be bought off. We are not bought off. We will go back and we will keep coming back,” said Jim Robertson, 61, an alleged victim included in last year's settlement.
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