Phoenix Bishop Avoids Prosecution in Sex Abuse Cases


By Catholic News Service
(From the issue of 6/5/03)

PHOENIX — In an agreement to avoid criminal prosecution, Bishop Thomas J. O'Brien of Phoenix has given up some of his diocesan administrative duties and apologized for allowing priests he knew were suspected of sexual abuse to continue working with minors.

The agreement was signed by the bishop and Maricopa County Attorney Richard M. Romley. It requires the bishop to delegate to a "moderator of the curia" certain administrative duties, including responsibility for revising and enforcing diocesan sex abuse policies.

The agreement was signed May 3 and announced June 2. Romley also announced that six priests were being indicted in child sex abuse cases after a yearlong investigation.

Bishop O'Brien has headed the Phoenix Diocese since 1981.

The agreement said an investigation turned up evidence that "Thomas J. O'Brien failed to protect the victims of criminal sexual misconduct of others associated with the Roman Catholic Diocese of Phoenix.

"This agreement is executed upon the conclusion that the public interest would be best served by settling the matter without criminal prosecution" of the bishop or the diocese, it said.

The agreement establishes conditions that have to be met by the bishop and the diocese to maintain immunity from prosecution.

One requirement is that the bishop issue a written public apology acknowledging his actions.

Here is the full text of the bishop's apology:

"I acknowledge that I allowed Roman Catholic priests under my supervision to work with minors after becoming aware of allegations of sexual misconduct. I further acknowledge that priests who have allegations of sexual misconduct made against them were transferred to ministries without full disclosure to their supervisor or to the community in which they were assigned. I apologize and express regret for any misconduct, hardship or harm caused to the victims of sexual misconduct by Roman Catholic priests assigned to the diocese."

In a separate statement, Bishop O'Brien said he had not committed any crime and that many of the requirements in the agreement were already in the diocesan plan for handling sex abuse cases.

"I certainly never intentionally placed a child in harm's way. To suggest a cover-up is just plain false," said the bishop in a June 2 statement posted on the diocesan Web site.

Romley disagreed.

"Did the bishop fail to understand the confession he was signing? Did he fail to understand that he needed immunity?" said Romley.

Under the agreement, the diocese is required to pay $100,000 to cover costs of the county's criminal investigation, to make a $300,000 contribution to the Maricopa County Attorney's Victim Compensation Fund and to make $300,000 available for counseling of child sex abuse victims.

The agreement requires appointment of a youth protection advocate to enforce sex abuse policy and oversee compliance with local, state and federal laws regarding reporting of allegations.

Decisions by the youth protection advocate to report allegations to civil authorities are "not subject to the consent of Thomas J. O'Brien, or any other diocesan personnel," said the agreement.

Also required is appointment of a special counsel to the youth protection advocate "with input from the Maricopa County Attorney's Office" to provide independent advice "not subject to approval" by diocesan officials.

Other provisions include:

-- Modifying the diocesan sexual misconduct policy after input from the county attorney's office and the general public.

-- A training program on sexual misconduct issues for diocesan personnel implemented by the diocese and the county attorney's office.

-- Creation of a Victim Assistance Panel of three mental health professionals to help with counseling assistance for victims and close relatives.

The agreement said "no credible evidence has been received" that Bishop O'Brien engaged in criminal sexual misconduct.

The bishop, in his separate statement, said some of the cases being investigated involved events before he became head of the Phoenix Diocese.

He added that his resignation as head of the diocese was never on the table in the negotiations.

"Although we explored several different resolutions to this matter, we made clear to Mr. Romley and his office that my resignation was not an option," said Bishop O'Brien.

"I serve at the pleasure of the pope, and not the county attorney," he said.

The bishop said the diocese implemented a sex abuse policy in 1991 and revised it with the help of community leaders in 1995.

"This problem won't be fixed overnight by edicts of the county attorney or anyone else," he said.

Copyright ©2003 Catholic News Service.  All rights reserved.


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