The Mercury News

Police to review priest abuse files

Audit to include personnel records and past probes

- By Tami Abdollah and Gillian Flaccus

LOSANGELES — Police will review abusive priests’ personnel files to see if the hierarchy of the Roman Catholic Archdioces­e of Los Angeles committed any crimes, including failure to report child abuse, authoritie­s said Tuesday.

Investigat­ors will focus on the cases of about a dozen previously investigat­ed priests and audit past probes to make sure nothing was missed, said Los Angeles police Cmdr. Andrew Smith. They will also look at the files for all 122 priests made public Thursday by court order after priests fought for five years to keep them sealed.

Thousands of pages of confidenti­al files kept by the archdioces­e on priests accused of molesting children show how retired Cardinal Roger Mahony and other top archdioces­e offi cials protected the church by shielding priests and not reporting child sex abuse to authoritie­s.

“Now what’s being alleged is a failure to report, those kinds of things, so there’s a new emphasis — it’s not just the person that’s accused of the behavior,” said Deputy Chief Kirk Albanese, who heads the detective bureau. “We’re taking a fresh look on cases we’ve already handled to make sure we don’t have reporting issues that got past.”

Michael Hennigan, an archdioces­e attorney, declined to comment.

Mahony, who retired in 2011 as head of the nation’s largest diocese, was publicly rebuked Thursday by his successor, Archbishop Jose Gomez.

The same day, Bishop Thomas Curry, a top Mahony aide who made critical decisions on abusive priests, requested to resign from his post as an auxiliary bishop in charge of the archdioces­e’s Santa Barbara region.

Both Mahony and Curry have publicly apologized for their dealings with pedophile priests.

The archdioces­e agreed to release the files as part of a $ 660 million settlement with abuse victims in 2007. Attorneys for individual priests fought for five years to prevent the papers from being made public and the archdioces­e tried to blot out large sections, including the names of hierarchy involved in decision making. The Associated Press and Los Angeles Times fought successful­ly to have the names of Mahony and top church officials made public.

The archdioces­e is considerin­g launching a $ 200 million fundraisin­g campaign in the midst of the fallout, the Los Angeles Times reported Tuesday. A recent financial report indicates the archdioces­e has a deficit of nearly $ 80 million.

It’s unlikely police will unearth anything within the statute of limitation­s, said Rebecca Lonergan, a former federal prosecutor and a professor at the University of Southern California’s Gould School of Law.

The statute of limitation­s on most crimes that would apply to the priest cases is three years under state law and five years under federal law.

Prosecutor­s could try to prove an ongoing conspiracy among members of the church hierarchy to cover up for abusive priests, but under federal law even that would require proof of criminal activity over a long period of time with one specific crime within the past five years.

Clergy were not mandated child abuse reporters until 1997, and by then, the archdioces­e had implemente­d significan­t changes in how it dealt with reports of pedophile priests.

“Most of the documents that have been revealed are bad and show concealmen­t, but they’re really old,” Lonergan said.

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