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Los Angeles bishop kept altar boy list from police
Wednesday - 2/19/2014, 6:38pm EST
LOS ANGELES (AP) -- When Los Angeles police were investigating allegations of child abuse by a Roman Catholic priest in 1988, they asked for a list of altar boys at the last parish where the priest worked.
Archbishop Roger Mahony told a subordinate not to give the list, saying he didn't want the boys to be scarred by the investigation and that he felt the altar boys were too old to be potential victims, according to a February 2013 deposition made public Wednesday.
The detectives investigating allegations against Nicolas Aguilar Rivera, a visiting Mexican priest, ultimately got the names of the boys from parish families. They determined the priest molested at least 26 boys during his 10 months in Los Angeles, according to the priest's confidential archdiocese file and police records made public by attorneys for the victims.
Twenty-five of the alleged victims were altar boys and the 26th was training with the priest to be one, said Anthony DeMarco, a plaintiff attorney. It's not clear what impact Mahony's action had on the investigation, though at the time police complained that the archdiocese wasn't fully cooperating.
Mahony's deposition was obtained by The Associated Press and is part of the evidence included in a settlement of abuse claims against Aguilar Rivera and four other priests. The archdiocese, the nation's largest, agreed to pay $13 million to 17 victims.
Since 2006, the archdiocese has paid more than $700 million to settle clergy abuse lawsuits by hundreds of victims. Internal church files kept on priests accused of abuse were released last year under court order. They showed that Mahony, who was elevated to cardinal and retired in 2011, maneuvered behind the scenes with his top aide, Monsignor Thomas Curry, to shield molester priests, provide damage control for the church and keep parishioners in the dark.
When the files were released, prosecutors said the cases fell outside the statute of limitations for criminal prosecution of any church officials.
Mahony's sworn testimony in the case of Aguilar Rivera is significant because it's the first time he has been questioned under oath about clergy abuse since the confidential church files were released. During past depositions, attorneys haven't had documents to back up their questions, DeMarco said.
"This time when he's trying to do the 'I don't remember' routine, I put the document in front of him and said, 'You wrote this, right?'" he said.
J. Michael Hennigan, an attorney with the archdiocese, said Mahony didn't reveal a list of altar boys, also called altar servers, to police because he didn't believe any of the alleged victims were among them. Mahony was in Rome on Wednesday and was not available to comment, Hennigan said.
"My recollection is at the time that memo was written there was no suggestion that altar servers were involved," the attorney said, adding that Mahony was "very vigorous" in trying to get Aguilar Rivera brought back to the U.S. for prosecution after he fled.
"What I know is there came a time when whatever the police wanted we gave them and it was shortly after this, but I don't know if the police ever reissued that request," he said of the list.
Aguilar Rivera was accused in January 1988 by two families who told church officials that he had fondled their children and, in one instance, climbed into bed with a boy after drinking too much during a Christmas celebration at the family's home.
The priest was told about the complaints by Curry and fled to Mexico before police were notified. He remains a fugitive and is believed to be in Mexico.
Church files released last year show that Mahony ordered Curry to withhold the altar boy list from the LAPD.
In a Jan. 26, 1988, handwritten note on a memo about the police request for a list, Mahony wrote, "We cannot give such a list for no (sic) cause whatsoever."
In the deposition, Mahony expanded on his reasoning. Allowing police to question altar boys at the two parishes where Aguilar Rivera worked would have created a "negative effect on a large group of altar servers who know nothing about any of this and that was -- not a good idea."
It "could be very traumatic to those servers to all of a sudden be sitting in front of a policeman being interrogated," the cardinal said. "And we had no suspicion at that time of any other victims and nobody among the altar servers."
He denied under questioning from plaintiff attorneys that his motivation in holding back the list was to protect the priest and delay the investigation.