Molestation Suits Name Priest, Stockton Diocese

Two separate civil suits have been filed against a priest and the Roman Catholic Diocese of Stockton by two men who said they were sexually molested as boys during a time when Cardinal Roger M. Mahony of Los Angeles was bishop of Stockton.

Although Mahony is not named as a defendant in either suit, he is criticized in one lawsuit for allegedly failing to take reasonable steps to end the abuse by Father Oliver Francis O’Grady, or to assist the suspected victim.

Mahony’s Los Angeles office referred all questions to Stockton attorney Paul Balestracci, who represents the Diocese of Stockton. Balestracci said he had not seen copies of the suits and could not immediately comment.

Mahony was bishop of Stockton from 1980 to 1985. He left to become archbishop of Los Angeles in July, 1985.

The suits allege that before and during Mahony’s leadership, the diocese was aware of an earlier offense in 1976 by the same priest involving a third child. The suit said that the diocese had actually written to the 10-year-old victim’s family in 1978 acknowledging the molestation and offering to pay for the child’s therapy.

Despite this background, one suit charges that under Mahony’s leadership and the leadership of his successor, Stockton Bishop Donald W. Montrose, the diocese failed to take reasonable steps to prevent O’Grady from later sexually abusing the two plaintiffs when they were children.

One of the plaintiffs, referred to as John Doe 4C, now 25, said he was sexually abused from 1978 through 1981, during a time when O’Grady served at Sacred Heart Church in Turlock.

The other plaintiff, referred to as John Doe 4A, now 17, said that he was sexually molested by O’Grady between December, 1984, and July, 1991, when O’Grady was pastor of St. Andrew’s Church in San Andreas.

The suit filed by John Doe 4A said that as bishop of Stockton, Mahony ordered O’Grady to undergo psychological evaluation after the priest admitted he had touched a 9-year-old boy’s private parts while the boy slept.

As a result of that evaluation, the psychologist informed civil authorities of the reported abuse and the Stockton Police Department launched an investigation.

Police said the boy had no recollection of the incident. According to a police investigative report, the detective was told by the attorney representing the diocese that the attorney believed the incident only occurred once and was an isolated incident. The detective said he was advised that the priest would be transferred “and will only be working with adults and away from children.”

Balestracci said this week that if his law office said it believed the incident was isolated, such a statement was made in good faith.

No charges were filed by police. A month later, the suit said, O’Grady began molesting John Doe 4A.

The suit charges that despite O’Grady’s “dangerous and exploitative propensities as a child sexual exploiter,” the bishop and the diocese failed to provide either reasonable supervision of O’Grady or warn parishioners of his sexually abusive behavior.

O’Grady is serving a 14-year sentence in prison on a criminal conviction for molestation after his arrest in 1993. He pleaded guilty two years ago to four felony counts of lewd and lascivious acts with two children, said David Clohessy of St. Louis, national director of Survivors Network of Those Abused by Priests, based in Chicago.

In the past several years, Catholic bishops have taken steps to end sexual abuse by clergy and to implement programs to aid victims. Bishops have also won Vatican approval to streamline procedures for removing offending clergy from the priesthood.

In 1992, Cardinal Mahony was one of the leading voices urging the bishops to respond to the needs of victims of sexual abuse by clergy. He was also a member of the bishops’ Ad Hoc Committee on Sexual Abuse.