BOSTON
- In fewer than six weeks, the changes brought by the new
Catholic archbishop of Boston have been less evolutionary than
revolutionary.
Archbishop Sean P. O'Malley has eschewed lavish vestments,
favoring a friar's robe and sandals. He spoke Spanish, Portuguese
and Creole at his installation, to reflect the shifting demographics
of his new community. He has shunned the mansion that housed his
predecessor, Cardinal Bernard F. Law, who was perceived by many as
aloof and unresponsive to the emerging sexual abuse scandal. And he
met with abuse victims and made sure the church paid for their
counseling.
But the most dramatic change came Tuesday, when, after an
18-month stalemate, O'Malley delivered a record-setting $85 million
agreement between the church and 552 abuse victims. Those involved
in the talks cited two key shifts in the church's approach to
negotiations under O'Malley's leadership: He attended a session last
Sunday in which the outlines of the deal were hammered out. And days
after his arrival in Boston, he brought in key players from an abuse
case he had helped settle a decade ago, including mediator Paul Finn
and lawyer Thomas Hannigan.
Victims' attorneys said the new team restored trust to a process
that had become embittered, and helped solve several sticking points
in the days leading up to Tuesday's agreement.
"In the end, it was about personal relationships. The changing of
the guard, and especially Tom Hannigan's presence, meant
everything," said Roderick MacLeish Jr., who has known Hannigan,
Finn and O'Malley since 1992, when they settled more than 100 abuse
suits in the diocese in Fall River, Mass. Last year, MacLeish,
Hannigan and Finn settled a case against Jesuit priests at Boston
College High School.
Indeed, beyond O'Malley's personal involvement, his most
significant change in dealing with the victims may have been
bringing in Hannigan. MacLeish and his colleagues were unanimous in
their praise for the lawyer, a 51-year-old Catholic. Described as
soft-spoken and fair, he replaced lawyers known for hardball
tactics.
"Tom is somebody who, while a consummate professional, is also
very embarrassed by all of the attention directed at him," said John
Montgomery, a partner with Hannigan at the Boston firm Ropes & Gray.
"He's never one who would seek self-aggrandizement, particularly at
the expense of a client or a colleague. It makes him a very
effective negotiator."
Victims' attorneys said negotiations were expedited because they
trusted Hannigan and he trusted them. The church originally had
asked to pay a settlement in installments ending in 2005, which
MacLeish called a potential "deal-breaker." Hannigan also made a
request.
"He told us that the amount of money we were asking for was
unacceptable to the church," said MacLeish. "I knew if he said it
that it was true and he knew our demands were not just a negotiating
tactic."
The final agreement calls for the settlement to be paid in a lump
sum by Christmas.
With the details worked out, negotiations focused on church
finances. Under Law, who resigned because of the scandal, the
archdiocese last year had agreed to a $20 million-to-$30 million
settlement in another abuse case. But it later said it could not
afford that much, and eventually paid $10 million.
This time, Hannigan made clear that the committee that oversees
church finances had already voted to approve the agreement, victims'
attorneys said. "I took Tom aside in the hallway and said, 'Have you
personally looked at how they're going to pay this?' And he said,
'You have my assurance,' " MacLeish said. "I have known him for 10
years, and everything he's said has come true. If anyone had said
that other than Tom, I don't know."
The church hopes to raise $15 million by selling property, a
spokesman said. O'Malley told the Associated Press that the
archdiocese will also take out loans and try to collect money from
its insurance companies, but will not use collection money from
parishioners. He also suggested the church may sell or mortgage more
properties.
Attorneys on the case estimated that their total fees could
approach $30 million.
The quick and relatively amicable negotiations that unfolded over
the past few weeks in Boston could provide a model nationwide. Abuse
settlements were reached recently in Kentucky and Rhode Island, but
cases are still pending in California, Wisconsin and elsewhere.
"There are differences between the two situations, but hopefully
some of the goodwill generated there will translate into progress
out here," said Raymond Boucher, lead counsel for more than 400
plaintiffs in Southern California.
Jeffrey R. Anderson of St. Paul, Minn., who has represented
hundreds of alleged victims in other dioceses, noted the speed with
which O'Malley produced a settlement. "It proves these guys can do
it, if they want to," he said. "If O'Malley could do it in five
weeks, shame on every other bishop and every other diocese that
doesn't do it in five weeks."