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.