Tuesday, April 23, 2013

Archives reveal LA Cardinal Mahony's attempts to head off John Jay investigation

Tom Roberts
National Catholic Reporter
April 23, 2013



In 2003, with the country newly focused on the sex abuse scandal in the Catholic church, a senior U.S. church leader attempted behind the scenes to head off the investigation of the crisis by researchers at the John Jay College of Criminal Justice, disparaging the institution and its researchers as inadequate.

Los Angeles Cardinal Roger Mahony, in a strongly worded letter to then-Bishop Wilton Gregory, at the time president of the U.S. Conference of Catholic Bishops, complained at length about the forms that John Jay researchers produced. He described them as "designed by people who apparently have no understanding of the Roman Catholic Church, ecclesiastical culture, hierarchical structure, or the language of the Roman Catholic Church."

The previously unpublished letters that circulated among Mahony, Gregory, former Oklahoma Gov. Frank Keating, Justice Anne Burke and others provide a behind-the-scenes view of some of the tensions in the air the year after the U.S. bishops formulated their Charter for the Protection of Children and Young People during their June 2002 meeting in Dallas. Public outrage had forced the bishops to take a dramatic step to deal with the scandal of sexual abuse of children by priests and the cover-up of the abuse by scores of bishops across the United States.

The letters are part of Burke's archives, held by DePaul University in Chicago. Burke, a member of the Illinois Supreme Court, initially served as vice chairperson of the National Review Board for the Protection of Children and Young People, established under the charter. She later took over as chairperson when Keating resigned. The correspondence provides a window into the high-stakes tensions of that period, as questions swirled regarding the board's independence and whether bishops would cooperate with or undermine investigations.

In an April 4 phone interview, Burke said she thought the letters would provide further insight, given the recent disclosures in Los Angeles, of hierarchical attitudes in dealing with the crisis.

She described Mahony at the time as "an obstructionist" and said he represented "a pattern of conduct of circling the wagons so they [the bishops] could protect the clerics and themselves. The first thing they thought of in every instance was 'protect, protect, protect,' and not about the truth or the victims."

........

Mahony also expressed fear that the information being collected by John Jay researchers, though it went through an elaborate system to disguise the dioceses and keep accused perpetrators and victims anonymous, would be both leaked and subject to legal discovery.

He was convinced that "perpetrators will almost certainly be reported multiple times, as both Religious Orders and Arch/Dioceses report the same person in accord with the present format." He was also certain that the procedures would mean "that statistics -- and indeed, individual records, will be attached to reporting Dioceses and that individual Diocesan and/or Religious Order records will become discoverable in both criminal and civil legal actions."

Gregory, who was then bishop of Belleville, Ill., and is now archbishop of Atlanta, apparently wrote a response on April 24 that didn't satisfy Mahony.

The following day, the cardinal sent another letter that, while expressing his agreement with the necessity to collect "valid data and information about the extent of the sexual abuse of minors by clerics," still listed strong complaints about John Jay.

.........

On May 9, Mahony received the backing of the bishops in the California Catholic Conference. In a resolution that passed unanimously, the bishops said they had "regrettably concluded that they cannot accept the proposed Jay Study process or survey instruments to accomplish their commitment to cooperate in a comprehensive study" mandated by the charter.

Meanwhile, Gregory wrote a brief letter of thanks, dated May 1, to Keating for allowing him to be the first respondent to Mahony's concerns. He was referring to an email that high-powered Washington attorney Robert Bennett had sent to other review board members regarding "what I view to be an outrageous letter" sent to Gregory by Mahony. "This letter was sent to all cardinals and United States Metro Archbishops," Bennett said, and its effect "is to basically give cover to those who do not want to cooperate with our Board. The Board, after much consideration, decided what information we needed. Cardinal Mahoney [sic] should not be an obstructionist. This unnecessary and unjustified attack on John Jay is absolutely irresponsible." Bennett wanted the board to immediately respond to Mahony.

Support for review board

Gregory wrote to Keating, "It was essential that I be the one to respond to a letter addressed to me, taking the opportunity to reassure him and any other bishops who might be struggling with how they might best respond to the forms completely and accurately." Gregory also noted that he took the opportunity in his letter to the cardinal "to reinforce the importance of the role of the National Review Board" and "to urge strongly for Cardinal Mahony's cooperation with this important project."

Gregory sent a note to Bennett on May 23 voicing "my heartfelt thanks for your very generous service on the National Review Board. Though there have been some very difficult moments along the way, I am grateful to you for your readiness and willingness to seek the positive solution."

That same day, Gregory faxed a seven-page, point-by-point rebuttal to Mahony. The letter was based in part on responses Gregory had received from John Jay College officials, including the chief researcher for the project, to whom the board had sent a copy of Mahony's concerns.

..........

On May 5, 2003, Keating weighed in on the controversy with a letter to Gregory as a response to the Mahony criticisms. Keating's response covers much of the same ground, though in less temperate language, describing the cardinal's objections as "puzzling," "unfair," "without any basis in fact," and "unjustified and baseless."

Keating said, "While Cardinal Mahony is possessed of expertise in many areas, the Board places greater weight on the expertise of John Jay and others rather than Cardinal Mahony in this area. We are fully satisfied that adequate pre-testing was done."

Mahony, in an April 9 email response to questions, told NCR that the "coding and processing systems originally proposed were very inadequate, and actually, John Jay College responded to the concerns of the diocesan bishops and attorneys and improved the research instruments greatly, thus avoiding breaches of confidentiality that would have affected both victims and perpetrators."

.......

Mahony told NCR April 9 that he had wanted an approach "far more expansive and inclusive" than that proposed by John Jay researchers. He said he had recommended the University of Chicago and the Pew Research Center "because they had a far broader capability in all phases of the church's inquiry than JJC, which as a small part of the NYU [New York University] system, it just didn't possess."

..........

'Criminal conduct'

In his May 2003 letter to Gregory, Keating took special exception to Mahony's claim that the forms were designed to create a media "feeding frenzy" by people "who have a vested interest" in making the crisis seem worse than it was. "Implying that the crisis is the result of a 'media feeding frenzy' is inaccurate. The crisis arose out of the criminal conduct of certain priests and the inadequate response of certain bishops to that conduct. Inaccurate and occasionally malicious reporting will always occur, but it is not surprising that the media have reported on this criminal conduct, and we do not believe it is constructive to blame the media for the problems of the church." The charter itself, Keating said, blamed the crisis on " 'the ways in which we bishops addressed these crimes and sins,' not by the ways in which the media have reported them."

Keating resigned in June 2003, a week after comparing bishops who did not cooperate with the board to the mafia. In his resignation letter to Gregory, he wrote, "My remarks, which some bishops found offensive, were deadly accurate. I make no apology. To resist grand jury subpoenas, to suppress the names of offending clerics, to deny, to obfuscate, to explain away; that is the model of a criminal organization, not my church."

.........

The archdiocese would eventually pay out $722 million in global settlements agreed upon in 2005 and 2007 with 550-plus victims in clergy abuse cases. The archdiocese would also eventually lose a protracted fight, the cost of which has yet to be revealed, to keep sealed thousands of documents that it had agreed to release as part of the settlements with hundreds of victims.

In January this year, following release of the documents, which showed Mahony had covered up for and transferred priests known to have abused children, the current archbishop, José Gomez, said he had notified his predecessor "that he will no longer have any administrative or public duties" in the archdiocese.

full article at the National Catholic Reporter

No comments:

Post a Comment