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Governor Keating's remarks, as quoted today (June 12) in
the Los Angeles Times, were both irresponsible and uninformed.
Just yesterday (June 11), the John Jay group acknowledged
the flaws in their proposed protocols and finally agreed to
conform to California and Canon law. With these amendments,
the California bishops will at least be free to participate
in the study without violating the law.
News reports that I, the Archdiocese of Los Angeles, and
the other Bishops of California have resisted a national statistical
data gathering effort by the Church's National Review Board
are unfounded and not correct. In fact, I have championed
a fuller, deeper and more accurate statistical study.
While well meaning, the study being conducted by the John
Jay College is deficient in its assumptions, its design, and
its methodology. Sadly, the study now underway will simply
not give the Church and the general public the data that we
truly need and want.
On Jan. 20, 2003 I wrote to Kathleen McChesney, the Executive
Director of the Office on Children and Youth and staff to
the National Review Board, urging a broad collaboration with
the Bishops and the Dioceses across the country in developing
a sound and comprehensive statistical matrix that would result
in accurate and meaningful data. I pointed out the need to
consult broadly with those Arch/Dioceses with larger numbers
of cases so that the proper categories could be developed.
I urged a broad pre-testing of the questionnaires with a variety
of Arch/Dioceses to make certain that the instruments would
be accurate and that the resulting data would be valid.
Unfortunately, none of my recommendations were followed.
On Tuesday, March 4, 2003, four members of the National
Review Board visited with me and our team working on safeguarding
the Church for all children and youth. The group was headed
by Mr. Robert Bennett. At that meeting I learned that only
$250,000 had been allocated for this national statistical
study. I pointed out that with 190 Arch/Dioceses across the
country, that amount was totally inadequate to develop a truly
accurate study. Rather, I stated that at least $4 million
to $6 million would be required. I further pointed out that
a prestigious national research organization should be retained,
such as the Rand Corporation, the National Opinion Research
Center at the University of Chicago, or the Stanford University
Research Institute.
In addition, I stressed that with the lifting of the statutes
of limitation for civil actions in California for the year
2003, we would not be certain until the end of the year exactly
how many priests would be charged with sexual abuse, nor how
many victims would come forward. And once those people were
identified, it would be necessary to verify all of the allegations.
All of this will take time, and any study will be woefully
inaccurate if that data is not included.
I wrote to Bishop Wilton Gregory at once and urged that
he and the Administrative Board of the Bishops' Conference
seek grants so that the National Review Board would have the
funds necessary for a first-rate statistical study. I believe
that steps are underway to help find the funds needed for
the type of survey that will be truly comprehensive and accurate.
When the questionnaires arrived from John Jay College, I
was surprised - and saddened - that they were designed in
such a way that truly comprehensive data would not be collected,
and that the privacy rights of all parties could be in jeopardy
and possibly violated. These are just a few of my concerns:
-John Jay College was required to obtain a Certificate of
Confidentiality from the National Institute of Health to protect
all parties in the study. However, to date, that Certificate
of Confidentiality has not been granted - which means that
any data now in the possession of John Jay College is subject
to public disclosure, threatening the privacy rights of all
parties.
-The statistical questionnaire requests data up to and ending
with Dec. 31, 2002. Yet, because of the lifting of the statute
of limitations in California, the majority of the new allegations
of sexual abuse have come after Jan. 1, 2003. Completing that
questionnaire as of Dec. 31, 2002 would be relatively easy
for the Archdiocese of Los Angeles, but it would also be totally
inaccurate.
-Sufficient information and facts have not yet emerged in
many pending cases to determine with certainty how many possible
priest offenders are involved, nor how many victims there
might be. The process of clarifying the veracity of all allegations
is in the hands of both the criminal and civil judicial system,
and until all of these matters are fully resolved, it is impossible
to give accurate data.
-California's Privacy Laws are among the strongest in the
country, protecting the privacy rights of all parties - defendants
and plaintiffs included. And yet, the John Jay questionnaire
requests information that could readily lead to identifying
both the priest accused and the alleged victims. Because of
the construct of the instruments, it would be relatively easy
to trace priests and link them to specific victims. California
Law does not permit the Church or any employer to give to
third parties confidential information of the nature requested
by these study instruments. In fact, there are criminal and
civil penalties for so acting.
-The
Canon Law Society of America has written to Bishop Wilton
Gregory and has raised many serious questions about the rights
of parties according to the Church's Canon Law. None of those
concerns has been addressed.
-Confusing and overly-broad questions make it difficult
to complete the questionnaires, and I fear that Arch/Dioceses
across the country are simply interpreting the questions as
they see fit. This will surely result in woefully inadequate
results. An example: "How many clerics with allegations have
been completely exonerated?" How is one to define "completely
exonerated"? Does it mean that no criminal indictment has
been handed down? Does it mean that law enforcement has ended
its investigation? Does it mean that no corroborating evidence
can be found?
Both the Archdiocese of Los Angeles and I are fully committed
to all of the various research projects that have begun, as
well as those that will eventually be inaugurated. Producing
accurate data on the extent of the sexual abuse of minors
is essential so that all of our efforts to make the Church
as safe as humanly possible for all children and youth can
be implemented fully.
But serious, comprehensive, and reliable studies require
close collaboration between the National Review Board and
the Bishops of the country, as well as the resources necessary
to engage the most talented and expert research institutes
in our country. I pledge myself to both of these goals.
Issued June 12, 2003
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