Mexican cardinal deposed in case involving alleged sexual abuse by Mexican priest

By Julie Watson

ASSOCIATED PRESS

August 8, 2007


MEXICO CITY – Mexico's most prominent cardinal was being deposed Wednesday in a case accusing him of complicity in the alleged rape of a child by a Mexican priest.

Cardinal Norberto Rivera and his lawyers rushed past reporters and photographers waiting outside the offices of the Archdiocese of Mexico without giving comment. Archdiocese officials also declined to comment when called by The Associated Press.

In a lawsuit filed in Los Angeles Superior Court in September, Joaquin Aguilar Mendez alleges he was raped by priest Nicolas Aguilar in Mexico City in 1994 when he was 12 years old. Documents filed with the court say Aguilar Mendez had gone to the priest's room at the rectory to use a restroom when he was grabbed by the priest and sodomized.

The alleged rape came after the priest had been charged with 19 felony counts of committing lewd acts on a child in California.

The suit alleges that Rivera conspired with Los Angeles Cardinal Roger Mahony to protect Rev. Aguilar. It accuses Rivera and Mahony of negligence, intentional infliction of emotional distress, civil conspiracy and sexual battery, and charges Aguilar with sexual battery.

The victim's attorney, Jeffrey Anderson, said Mahony settled with Aguilar Mendez privately last month around the same time the archdiocese reached its record-breaking US$660 million (euro478 million) settlement with alleged abuse victims.

He said Aguilar Mendez's case, however, was handled separately and the amount was “modest” compared to the average US$1.3 million (euro0.94 million) promised to other victims.

Anderson said Rivera's attorneys in Los Angeles on Monday sought to limit the scope of the deposition and prevent the plaintiff from videotaping it and filing a transcript with the Los Angeles Superior Court. Judge Elijuh Berle denied their motions.

Attorneys from both sides, a court representative, and a translator were at the deposition. Mexican Bishop Rodrigo Aguilar Martinez from Puebla state was scheduled to be deposed Thursday, said Eric Barragan, of the Chicago-based Survivors Network of those Abused by Priests, known as SNAP, which helped bring the case to light.

Barragan said Rivera's attorneys denied Barragan's request to attend.

“His attorneys don't want anything to come out from his interview,” said Barragan, standing outside the Archdiocese offices. “Maybe the cardinal is somewhat afraid.”

Rivera's attorney, Bernardo Fernandez, has said only a Mexican court has the authority to rule on the lawsuit. Proponents of the suit argue it involves church officials from both countries.

The lawsuit alleges Rivera, who was a bishop in Puebla state where Aguilar worked at the time, transferred Aguilar to Los Angeles in 1988 for nine months after he already knew of allegations of abuse against the priest.

In a declaration filed in February, Rivera said he sent a letter to Mahony in 1987 suggesting Aguilar had problems. Tod Tamberg, spokesman for Mahony, has said the cardinal never received the letter.

A Los Angeles court gave Mexico extradition orders for Aguilar in 1988 and 1993, but Aguilar continued to work as a priest in Mexico. Since the filing of the lawsuit, his whereabouts have been unknown.

Barragan said the case would not get a fair trial in predominantly Roman Catholic Mexico, where he says victims of alleged clergy abuse are ostracized. Mendez Aguilar was threatened repeatedly when he stepped forward, his lawyers said.

Barragan said the Los Angeles court is expected to decide whether to proceed with the case in September.


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