BishopAccountability.org
 
  Bishop to Face Possible Prosecution on Sex-Abuse Reporting

Catholic Online
August 31, 2006

http://www.catholic.org/national/national_story.php?id=21101

Santa Rosa, Calif. (Catholic Online) – Santa Rosa Bishop Daniel Walsh faces possible prosecution for not making a timely report of evidence of sexual abuse, in what could be the first time a U.S. Catholic official has faced criminal charges for failing to properly report abuse and the first time a bishop has been charged in the U.S. sexual-abuse scandal.

The Sonoma County Sheriff's Office has recommended criminal charges be filed against the bishop over a report concerning 68-year-old Father Francisco Xavier Ochoa, a Sonoma priest who has since fled the country.

"Based upon our investigation, the evidence indicates that this case is worthy of district attorney review," Lt. Dave Edmonds said in a written statement released Aug. 25, reported the San Francisco Chronicle.

The Sonoma County district attorney's office must decide whether it will seek to prosecute the case.

In an August statement, entitled "A Candid Message from Bishop Walsh," posted on the Diocese of Santa Rosa Web site, the bishop acknowledged "my lack of speed in reporting the reprehensive behavior of the Rev. Ochoa," which, he said, was not intended to allow Father Ochoa time to escape.

"I made an error in judgment by waiting to report Rev. Ochoa's admission. I should have acted immediately, and not delayed. For this I am deeply sorry," Bishop Walsh said, noting that he needed to "make amends to this diocese."

State law requires clergy, teachers and others to report suspected child abuse to a law enforcement agency "immediately or as soon as is practicably possible" and then follow up with a written statement within 36 hours. Failure to do so is a misdemeanor punishable by up to six months in jail or a $1,000 fine.

"I did not wait in order to allow Rev. Ochoa time to escape, as some critics have claimed. I did not wait, as others have claimed, because of some desire to keep the abuse silent. I waited from an excess of caution," he said.

Bishop Walsh has said that the priest admitted to him sexual abuse of a boy and confessed to two other incidents with boys in the past on April 28. He then consulted with the diocesan attorney about the admission, before it was reported to authorities on May 1 – three days after the initial meeting with Father Ochoa.

Sonoma County authorities reportedly have said that they believed that Father Ochoa fled to Mexico in early May and is sought on warrant alleging unlawful flight to avoid prosecution on 10 felonies and a misdemeanor.

"In attempting to consult first with our diocesan attorney, I made a mistake. I failed to be guided by my own precepts for decisive action and for doing the right thing. I am deeply sorry for this, and for the tarnish it has placed on the reputation of the church and the clergy, as well as for the questions it has raised regarding our credibility and the church's policy of zero tolerance of sexual abuse," Bishop Walsh said.

Bishop Walsh said he immediately placed Ochoa on administrative leave, removed him from all ministries and barred him from serving as a priest.

"The best way to renew the healing process and rebuild a spirit of understanding is to admit my own personal fault, and accept any consequences that may ensue," Bishop Walsh wrote. "If I am found guilty for not taking immediate action, I will accept whatever punishment is imposed."

Asking "understanding, forgiveness and prayers" from the people of the diocese, Bishop Walsh pointed to the "great strides" made to deal with and combat sexual abuse by clergy and other church personnel.

"I cannot let this hard work be spoiled by the actions of one bad priest. And I will not allow my own error to interfere with the path we have taken," he said.

"It is imperative that we restore faith in the clergy and the church. That is my mission here, and I will not allow anything to sidetrack it, including my own failings. I can assure you that it is a mistake that I will not repeat. I will ensure that in the future, all mandated reporters in our church obey the law or be removed from service," the bishop said.

 
 

Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.