Victims' attorney calls decision a 'disgrace'

By Ron DePasquale, Associated Press, 05/03/02

| Complete coverage |  AG'S REPORT Attorney General Thomas F. Reilly released the results of a 16-month investigation into clergy sex abuse in the Boston archdiocese. Download report [PDF, 1.4 MB] (File requires Adobe Acrobat)  TODAY'S GLOBE A new leader reaches out 3 faces in crowd bound in hopeh At BC, students watch with awe O'Malley's homily reveals frank man Near cathedral, voices of protest 'Good priests' moved to tears Text of Archbishop O'Malley's homily Sandwiches, chips were bill of fare An angry protest, and prayers  GRAPHICS The moment of installation Viewer's guide Ceremony TV coverage  Processional O'Malley's vestments O'Malley's coat of arms Cathedral of the Holy Cross  REALVIDEO | NECN.com | Help with video | O'Malley to be installed today Great expectations of O'Malley Video clips require RealPlayer and Windows 98 or higher.  INTERACTIVE FEATURE An interactive timeline of the developing church crisis, featuring photos and audio.   View timeline  IN-DEPTH Boston's new archbishop Bishop Sean Patrick O'Malley has been chosen to succeed Cardinal Law as leader of the archdiocese. Reaction to O'Malley appointment Accused priests are vindicated Three priests have been exonerated after being suspended from their posts over abuse allegations.  CARDINAL BERNARD LAW Coverage of his resignation Career timeline: Priest to cardinal Changing statements on abuse Coverage of his tenure in Boston Photos: Law through the years Boston.com readers' comments  CONTACT SPOTLIGHT If you have information on child abuse by priests, call (617) 929-3208 Or leave a confidential message at this number (617) 929-7483 The Spotlight Team e-mail address is spotlight@globe.com.

BOSTON -- The Archdiocese of Boston on Friday backed out of its settlement with 86 victims of defrocked priest John Geoghan, telling Cardinal Bernard Law the deal was too expensive with many unresolved cases pending.

The Finance Council refused Law's request to sign the deal, estimated to be worth $15 million to $30 million, saying it would leave too little money for people making future claims. This marks the first time the council rejected one of Law's requests since he came to Boston in 1984.

The council said the settlement "would leave the archdiocese unable to provide a just and proportional response to other victims," according to David W. Smith, chancellor for the archdiocese.

Mitchell Garabedian, attorney for the Geoghan victims, said he was told the finance committee had only an advisory role. He called the archdiocese's leaders "a disgrace to the human race."

"Cardinal Law is a despicable human being to revictimize these people," Garabedian said. "He's soulless. He knew for months that we were negotiating in good faith, and he knew for years how many victims there were, because I told him, and to use that as an excuse today is cruel."

Garabedian said he will make an emergency motion for a restraining order that would force Law to post a $10 million bond if he leaves the state.

The archdiocese has denied reports that Law will be reassigned to Rome.

The attorney said that his clients are "angry and depressed" and that he will go ahead with litigation. He said he hopes to depose the cardinal within two weeks.

The council recommended providing counseling for victims and their families and creating a fund for all victims to share. That pool of money would not cripple the archdiocese and its mission, the council said, according to Smith.

"That's our professed hope, that there will be fairness and equity overall," said Regina A. Gaines, an administrator at Massachusetts Institute of Technology who serves on the council. "It's just such a never-ending situation, one wonders about just making sure everyone is treated fairly and equitably."

Phil Saviano of Survivors Network of those Abused by Priests called the move "a big blow" to anyone in negotiations with the archdiocese.

"This certainly illustrates why sex abuse victims have such a hard time trusting church leaders," Saviano said.

Law, who had said the settlement would help the victims reach closure, was disappointed but understanding, Smith said.

"He lives and we all live with the painful truth that in this crisis there is no easy answer," Smith said.

The agreement was reached at a time when the archdiocese believed the number of other victims beyond the 86 was very small. "It has become increasingly obvious over the last 90 days that that's not the case," Smith said.

Smith said he's been told by lawyers there could be 100 additional victims filing suits.

Jeffrey Newman, an attorney who represents more than 100 alleged victims of other priests and a former church worker, said any chance of settling with the archdiocese has "eviscerated, exploded and imploded" because he couldn't take the church at its word.

"This set off a powder keg," Newman said. "These poor individuals were already emotionally fragile, and the church raised expectations that they could relax for the first time in their lives. And now they're telling them that the deal is off. They're asking for terrible trouble, and they're causing terrible pain."

The agreement was reached March 11 after 11 months of negotiations.

The Boston archdiocese already has paid an estimated $15 million to 40 alleged Geoghan victims since the mid-1990s and faces dozens more claims and hundreds of new allegations against Geoghan and other priests.

The Geoghan lawsuits sparked the sexual abuse scandal facing the archdiocese. Geoghan is serving a 9- to 10-year sentence after being convicted of molesting a 10-year-old boy.

Law acknowledged the concern of the council about the growing number of claims but still urged the members to vote in favor of the settlement, Smith said.

However, the council voted overwhelmingly to reject the deal.

Ralph DelVecchio, one of the plaintiffs, said he was stunned to hear that the diocese had backed out of the settlement.

"I don't understand why everyone keeps talking about money," he said. "If the church did what they were supposed to do years ago, they wouldn't be in this position. They kept moving the priest around. They made their bed, and now they're worried about paying.

"I'm sure the church can find money if they look for it," he said.