Talks on Sex Abuse by Priests Restarted

After several years of fitful negotiations, the Los Angeles Archdiocese and attorneys for about 45 alleged victims of sexual abuse are moving toward settlements that would pay out an average of at least $1 million per claim and resolve many cases that have occurred during the tenure of Cardinal Roger M. Mahony, according to lawyers familiar with the discussions.

Although the agreement would involve fewer than 10% of the more than 560 cases pending against the archdiocese, the resolution of cases involving alleged clergy abuse since Mahony became archbishop of Los Angeles in 1985 would have great significance.

If concluded as currently described, the settlement of the 45 cases would become the third largest in the nationwide clergy sex abuse scandal. It would also set a tentative benchmark for the total cost of the remaining cases against the archdiocese, which is the nation’s biggest. Plaintiffs’ lawyers have said the total could surpass $1 billion -- a figure that would dwarf all previous payouts by the Catholic Church in such cases.

And, according to sources close to the negotiations, the settlement would include some of the archdiocese’s most notable cases: those involving Michael Baker, Richard Henry, Carlos Rodriguez and Michael Wempe. Despite earlier abuse allegations against them, the clergymen allegedly molested children after Mahony allowed them to remain in ministry without alerting police or parishioners.

The lawyers declined to say whether a settlement would involve the release of internal church documents, which Mahony has sought to shield.

Most of the money to settle the cases currently under negotiation would come directly from archdiocesan funds. That is because those instances of alleged abuse primarily occurred during the last two decades, while the archdiocese was self-insured. The self-insurance also means that the church can settle the cases without negotiating with insurance companies.

Lawyers for the church have accused the insurers of dragging their feet on settling other cases. Insurers have said the archdiocese forfeited coverage by covering up for the sexual misdeeds of its priests.

San Diego attorney Andrea Leavitt, who represents a woman allegedly impregnated by her parish priest when she was 17, confirmed Thursday that the long-stalled negotiations had restarted.

J. Michael Hennigan, the lead attorney for the archdiocese, confirmed the status of the talks but added that many issues remain. “The cardinal is anxious to resolve as many of these cases as he can,” he said. “I’m optimistic, but it’s a long way from conclusion.”

Other lawyers similarly cautioned that there are still many logistical hurdles. The attorneys could not say how quickly those might be resolved.

“It’s too early to tell if there is any chance of its becoming a fruitful process,” said Beverly Hills lawyer Raymond P. Boucher, the court-appointed liaison counsel for the plaintiffs.

As the negotiations quickened, lawyers involved in the cases gathered behind closed doors.

On Thursday, Hennigan and Boucher met with Los Angeles County Superior Court Judge Tim McCoy.

Half a dozen other plaintiffs’ lawyers have also met in recent weeks with another settlement judge, Peter D. Lichtman, according to people close to the negotiations.

Release of the church files could become an issue, because Mahony’s lawyers have waged a three-year legal battle to keep similar files away from authorities investigating criminal wrongdoing. Those files have been subpoenaed by a Los Angeles County grand jury.

Documents released last year as part of the settlement by the Diocese of Orange showed that bishops and other officials had covered up for predatory priests by shuffling them from parish to parish and from diocese to diocese, protected them from prosecution and failed to warn parishioners.

Mahony, who has apologized for some of his actions, has portrayed himself over the years as a reformer in the church’s handling of the sexual abuse scandal.

Hennigan said at a news conference in October that as soon as Mahony arrived in Los Angeles in 1985, he began dealing with the problem of clergy sexual abuse.

But the attorney said the cardinal was “overly optimistic” about therapeutic treatment and made some “terrible mistakes” by ordering accused priests to counseling and then letting them back into the archdiocese.

“He ultimately got to the point where he is now, which we believe is one of the nation’s leaders in how to deal with the problem on a large scale,” Hennigan said.

Also included in the settlement talks are about a dozen cases of alleged abuse that occurred before 1953, when insurance coverage was inadequate to cover today’s claims.

The dispute between church lawyers and insurance companies centers in part on the amount each side is willing to pay to resolve clergy abuse claims.

Insurers have urged the archdiocese to reduce its liability by aggressively challenging the legal standing of each victim’s claim.

But the archdiocese has openly acknowledged the potentially high cost of some claims. Hennigan told the Los Angeles Times in 2004 that the worst 50 cases -- some of which he said “would break your heart” -- could each lead to jury awards of $5 million or more.

In an attempt to break the impasse, a judge ordered lawyers for both sides to begin preparing 44 cases for trial later this year. Jury verdicts could establish parameters for future settlements.

The Diocese of Orange set the record in 2004 in abuse-case settlements when its bishop agreed to pay $100 million to 90 alleged victims. The Archdiocese of Boston paid $85 million to settle with 552 alleged victims in 2002.