San Diego Catholic Diocese Seeks Bankruptcy Protection Amidst Clergy Abuse Lawsuits

Daniela P on July 16, 2024

Chapter 11 Filing Raises Concerns Among Abuse Survivors and Advocates

The Roman Catholic Diocese of San Diego has taken a significant step in addressing its ongoing clergy abuse crisis by filing for Chapter 11 bankruptcy protection. This move, officially made on June 17, 2024, comes in response to hundreds of legal claims from individuals alleging sexual abuse by members of the clergy. The decision has sparked controversy and raised concerns among survivors and their advocates, who fear the bankruptcy process may hinder their pursuit of justice. This development marks a critical juncture in the ongoing struggle to address the legacy of clergy abuse within the Catholic Church and its impact on victims and communities.

5 Key Points

  • San Diego Catholic Diocese files for Chapter 11 bankruptcy
  • The filing comes in response to approximately 450 sexual abuse claims
  • SNAP criticizes the move as potentially protecting predators
  • Bishop McElroy cites need for victim compensation and a definitive conclusion
  • The diocese previously paid $198 million for abuse claims in 2007

The Bankruptcy Filing

Bishop Robert McElroy, in a letter to parishioners and clergy, explained that the decision to file for bankruptcy was made after a year of substantive negotiations with attorneys representing abuse victims. The diocese views this step as necessary to achieve a settlement for the approximately 450 legal claims seeking compensation for abuse perpetrated by clergy and lay employees over the past eight decades. This bankruptcy filing makes San Diego the fifth diocese in California to take such action following the close of the Child Victims Act on December 31, 2022. The Act had opened a window for survivors to file claims that statutes of limitations would have otherwise barred.

Survivor Advocacy Groups React

The Survivors Network of those Abused by Priests (SNAP) has voiced strong opposition to the diocese’s bankruptcy filing. SNAP volunteer Joelle Casteix, speaking at a press conference outside the Jacob Weinberger United States Courthouse, described bankruptcy as “a horrible thing to happen to a survivor of child sexual abuse.” The organization argues that this legal maneuver could potentially protect predators and reduce survivors to “transactional paperwork.” SNAP’s primary concern is that the bankruptcy process may prevent survivors from having their day in court, a crucial step in their journey toward justice and healing.

The Diocese’s Perspective

From the diocese’s standpoint, the bankruptcy filing is presented as the best path forward to address the abuse claims while ensuring the church’s continued operation. Bishop McElroy emphasized that this approach would help fulfill the diocese’s goals of compensating victims while also providing a definitive conclusion to its legal liability for past claims of sexual abuse. The diocese has pointed to its previous settlement in 2007, where it paid $198 million for claims of sexual abuse, as evidence of its commitment to addressing these issues. Kevin EcKery, a spokesperson for the Diocese of San Diego, acknowledged the gravity of the situation, stating, “The fact that these abuses ever took place is a stain on the Catholic Church, so we have to respond to that no matter what”.

Balancing Compensation and Accountability

The bankruptcy filing raises complex questions about how to balance the needs of abuse survivors with the financial realities of the diocese. While the Chapter 11 process can provide a structured framework for compensating victims, it also has the potential to limit the overall amount of compensation available. It may restrict the ability of individual survivors to pursue their cases in court. This tension between providing compensation and ensuring accountability is at the heart of the controversy surrounding the diocese’s decision. Advocates for survivors argue that the legal process should not only offer financial restitution but also expose the full extent of abuse and the institutional failures that allowed it to occur.

The Bankruptcy Process and Its Outcomes

As the San Diego Catholic Diocese moves forward with its bankruptcy filing, all parties will closely watch how the process unfolds. The bankruptcy court will play a crucial role in determining how assets are distributed and how claims are prioritized. This process may take months or even years to resolve, during which time the diocese will continue its operations under court supervision. The outcomes of this bankruptcy case could have far-reaching implications for the San Diego diocese and other dioceses facing similar challenges across the country. It may set precedents for how the Catholic Church in the United States addresses its liability for past abuse while attempting to maintain its religious and charitable missions.

Alum Rock Union Elementary School District Accused of Concealing Teacher’s Sexual Abuse

Daniela P on June 18, 2024

Lawsuit Claims School Staff and Interim Superintendent Failed to Report Abuse

Eleven victims have filed a lawsuit against the Alum Rock Union Elementary School District in East San José, California, alleging that current interim superintendent Imee Almazan and former staff members conspired to cover up sexual abuse by Israel Santiago, a retired music instructor at Adelante Dual Language Academy. Santiago is currently serving a prison sentence for sexually abusing 10 students at the school. The lawsuit, filed on Wednesday, June 12, claims that school staff and administrators were aware of Santiago’s inappropriate behavior but chose not to notify the police despite being mandatory reporters required by law to report all known or suspected cases of child abuse or neglect. This is the fourth lawsuit against the school district since Santiago was charged in 2022.

5 Key Points

  • Eleven victims allege that the Alum Rock Union Elementary School District conspired to hide a teacher’s sexual abuse.
  • Israel Santiago, a former music instructor, is currently serving a prison sentence for sexually abusing 10 students.
  • A 2014 investigation documented multiple complaints of inappropriate touching by Santiago, leading to his transfer to another school.
  • The lawsuit claims that interim superintendent Imee Almazan and former staff were aware of the abuse but did not report it to the police.
  • The victims’ attorney alleges a “clear conspiracy” to cover up the abuse and keep it quiet.

2014 Investigation Documented Complaints, Led to Teacher’s Transfer

In 2014, Imee Almazan, then principal at Sheppard Middle School, investigated complaints against Israel Santiago. After interviewing 15 students, Almazan found “an overall discomfort and insecurity in Mr. Santiago’s band class among female students.” The investigation documented allegations of inappropriate touching and behavior by Santiago, including physically moving female students and asking a parent to drop off their child at his house.

Despite these findings, Almazan recommended that Santiago be transferred to another school within the district rather than reporting the allegations to law enforcement. Santiago continued to teach for nearly a decade before being charged with sexually abusing 10 students at Adelante Dual Language Academy.

Lawsuit Alleges Conspiracy to Cover Up Abuse

The recent lawsuit alleges that former Alum Rock superintendent Stephen Fiss instructed staff not to call law enforcement in response to the complaints against Santiago. A draft of the investigative report prepared by the school included in the suit reads, “Superintendent Fiss did not want me to contact the police regarding this matter at this time,” with a handwritten note next to it saying, “Delete.”

The victims’ attorney, Morgan Stewart, argues that there was a “clear conspiracy” to cover up the abuse and keep it quiet. “He’s touching females. He’s making them uncomfortable. He’s acting in a sexually inappropriate manner with 12- and 13-year-olds. And there’s a direction from the superintendent not to call the police on that,” Stewart said.

Victims and Families Devastated by School’s Alleged Actions

Most of the victims in the recent lawsuit are under 14 years old, with two in their 20s. The attorney representing the victims noted that the Adelante Dual Language Academy and the Alum Rock Union Elementary School District serve predominantly Hispanic and lower-income families who trust the schools to provide a safe environment for their children.

“It’s devastating,” Stewart said, “And I don’t even know that the parents fully grasp everything that the school did to harm them all along the way.” The lawsuit highlights the importance of mandatory reporting and the severe consequences when school administrators and staff fail to protect students from sexual abuse.

Ovation Fertility Faces Mounting Lawsuits Over Implantation of ‘Dead’ Embryos

Daniela P on June 18, 2024

Couples Accuse IVF Clinic of Negligence, Concealment, and Emotional Distress

In a series of lawsuits filed against Ovation Fertility, an in vitro fertilization (IVF) provider based in Newport Beach, California, eleven couples have accused the clinic of destroying their embryos and proceeding with implantation despite knowing the embryos were not viable. The most recent joint lawsuit, filed on Tuesday by nine couples, alleges that workers at the clinic exposed the embryos to lethal amounts of a caustic agent, such as hydrogen peroxide, before implantation between January 18, 2024, and January 30, 2024. All of the implantations were unsuccessful, leaving the couples devastated and searching for answers.

5 Key Points

  • Eleven couples have filed lawsuits against Ovation Fertility, alleging the clinic implanted nonviable embryos exposed to lethal chemicals.
  • The unsuccessful implantations occurred between January 18, 2024, and January 30, 2024, with a 0% success rate.
  • Ovation Fertility allegedly concealed the incident until questioned by fertility doctors about the abnormally low success rate.
  • The lawsuits accuse Ovation Fertility of negligence, medical battery, concealment, and other charges and seek damages and reforms.
  • The couples have suffered emotional distress, self-blame, and the loss of their chances to conceive using the affected embryos.

The latest lawsuit comes just a week after two other couples filed a similar case, claiming that their embryos were destroyed when a lab employee mistakenly used hydrogen peroxide instead of a sterile solution in an incubator. The growing number of lawsuits against Ovation Fertility has raised alarming questions about the clinic’s practices, protocols, and the emotional toll on the affected couples who had put their trust and hopes in the facility.

Couples Left in the Dark as Clinic Allegedly Conceals Incident

According to the joint lawsuit filed on Tuesday, the nine couples involved initially blamed themselves and their bodies for the failed pregnancies in the weeks following the unsuccessful implantations. Some couples even underwent additional medical procedures to determine the cause of the failure. It wasn’t until late February and early March that Ovation Fertility began to inform their physicians that something had gone wrong in the labs.

The suit alleges that Ovation Fertility only disclosed the incident when several fertility doctors questioned the alarming 0% success rate for the embryos thawed over two weeks, a sharp contrast to the typical 75% success rate. This delay in communication left the couples in the dark, compounding their emotional distress and denying them the opportunity to make informed decisions about their fertility treatments.

Allegations of Incompetence, Corner-Cutting, and Cover-Ups

While Ovation Fertility has characterized the incident as an “isolated” event caused by an “unintended laboratory technician error,” the lawsuits paint a more troubling picture of the clinic’s practices. The couples allege that Ovation Fertility hired inexperienced, unqualified, and untrained employees to maximize profits at the expense of patient care and safety.

The lawsuits also claim that one of Ovation’s embryologists has a history of serious errors, including freezing the wrong embryos, losing embryos during the biopsy process, and conducting biopsies incorrectly, resulting in the harm or degeneration of embryos. Furthermore, the plaintiffs allege that Ovation Fertility sought to conceal these mistakes from patients and fertility physicians and even attempted to pressure patients into signing waivers and non-disparagement agreements.

Plaintiffs Seek Accountability, Compensation, and Change

The eleven couples in the lawsuit against Ovation Fertility seek justice on multiple fronts. They have filed suits alleging negligence, medical battery, concealment, and loss of consortium, among other charges. The plaintiffs seek an unspecified amount in damages and have requested a jury trial to hold the clinic accountable for its actions.

Beyond financial compensation, the couples hope their lawsuits will catalyze change at Ovation Fertility and in the IVF industry. They want to ensure that the clinic implements rigorous protocols and safeguards to prevent similar incidents from occurring in the future, sparing other families the emotional trauma and loss they have experienced.

Brooke Berger and her husband, Bennett Hardy, are among the nine couples in the latest lawsuit. The incident has left them grappling with a profound sense of betrayal and grief. “I really couldn’t believe it,” Berger said upon learning what had happened to their embryos. Hearing what actually happened was just completely shocking. I mean, I don’t understand how that kind of mistake could be made.”

Despite the setback, Berger and Hardy remain determined to build their family and are currently undergoing ovarian stimulation to retrieve more eggs and create new embryos. However, they are now seeking a doctor who does not work with Ovation Fertility, as their trust in the clinic has been irreparably shattered.

As the lawsuits against Ovation Fertility move forward, the eleven couples at the center of this tragedy are united in their quest for accountability, transparency, and reform. They hope sharing their stories and pursuing legal action can prevent other families from enduring the same heartbreak and ensure that the IVF industry prioritizes patient care and safety.

Repeat Drunk Driver Faces Murder Charges in Newport Beach Collision That Killed 14-Year-Old Girl

Daniela P on May 31, 2024

Newport Beach Drunk Driving Accident Leads to Murder Charges

Joseph Alcazar, a 30-year-old Fontana man with a history of drunk driving convictions, has been charged with murder following a tragic Newport Beach drunk driving accident that claimed the life of 14-year-old Rosenda Elizabeth Smiley of Rialto. The incident occurred on the Balboa Peninsula during the Memorial Day weekend, as Smiley attempted to cross Balboa Boulevard with two other people.

5 Key Points

  • Joseph Alcazar, a repeat DUI offender, has been charged with murder and other crimes related to the Newport Beach drunk driving accident.
  • The collision resulted in the death of 14-year-old Rosenda Elizabeth Smiley and injured a 13-year-old girl.
  • Alcazar’s blood-alcohol level was twice the legal limit at the time of the incident.
  • The suspect had been previously convicted of DUI offenses in 2016 and 2020.
  • If convicted on all counts, Alcazar faces a maximum sentence of 15 years to life plus six years.

Tragic Collision on Balboa Peninsula

On Saturday, Rosenda Elizabeth Smiley and two other individuals were crossing Balboa Boulevard, west of Palm Street, against the don’t walk sign. A driver stopped to allow the group to cross; however, Alcazar, who was in the vehicle behind the stopped car, allegedly drove around it and struck Smiley while also running over a 13-year-old girl’s foot. Tragically, Smiley was pronounced dead at the scene.

Suspect’s History of DUI Convictions

Alcazar’s criminal history reveals two prior convictions for driving under the influence in San Bernardino County. In 2016 and 2020, he was found guilty of DUI offenses, with one incident resulting in severe injuries to himself. Despite these previous convictions, Alcazar chose to drive while intoxicated once again, leading to the devastating Newport Beach drunk driving accident that took the life of a young girl.

Endangering a Child and Traumatizing Witnesses

At the time of the crash, Alcazar’s 8-year-old daughter and another man were passengers in his vehicle. District Attorney Todd Spitzer condemned Alcazar’s actions, stating, “A repeat drunk driver not only took the life of a little girl, but he also endangered the life of his daughter by getting behind the wheel after drinking and traumatized her and the other young girls who witnessed him hitting and killing a teenager.”

Charges and Potential Sentencing

Alcazar has been charged with murder, driving under the influence of alcohol causing significant bodily injury with two previous prior convictions, driving under the influence of alcohol with a BAC of 0.08 or higher with two previous prior convictions, and a misdemeanor count of willful endangerment of a child. If convicted on all counts, he faces a maximum sentence of 15 years to life plus six years.

The Newport Beach drunk driving accident that claimed the life of Rosenda Elizabeth Smiley serves as a tragic reminder of the devastating consequences of driving under the influence. As the case against Joseph Alcazar progresses, the community mourns the loss of a young life and hopes for justice to be served. Read More about Repeat Drunk Driver Faces Murder Charges in Newport Beach Collision That Killed 14-Year-Old Girl

California’s Paraquat Ban Gains Momentum in State Legislature

Michael S on May 30, 2024

Paraquat Linked to Parkinson’s Disease, Prompting Legislative Action

California has taken a significant step towards banning the controversial herbicide paraquat, as a pivotal state legislative committee approved the measure on Thursday. The proposed ban, set to take effect on January 1, 2026, would prohibit the use, manufacture, sale, delivery, holding, or offering for sale of any pesticide product containing Paraquat. The bill includes a provision allowing state regulators to reevaluate Paraquat and potentially reapprove it with or without new restrictions.

5 Key Points

  • California’s proposed paraquat ban is driven by concerns over the chemical’s link to Parkinson’s disease.
  • Thousands of farmers, agricultural workers, and others are suing paraquat maker Syngenta, alleging they developed Parkinson’s due to long-term exposure.
  • Internal Syngenta documents reveal the company’s awareness of Paraquat’s potential health risks and efforts to influence regulatory bodies and public opinion.
  • Parkinson’s disease rates have been climbing in the United States, with the death rate increasing by more than 60% over the past two decades.
  • Several countries, including the European Union, UK, Switzerland, and China, have banned Paraquat due to safety concerns.

Paraquat’s Widespread Use and Controversy

Paraquat is one of the most widely used weed-killing chemicals worldwide, with farmers using it to control weeds before planting and to dry out crops for harvest. In the United States, the chemical is used in orchards, wheat fields, pastures, cotton fields, and other agricultural settings. Despite Syngenta’s claims that Paraquat is safe when used according to directions and with proper protective equipment, the chemical has been banned in dozens of countries due to acute dangers and mounting evidence of health risks, such as Parkinson’s disease, from chronic, long-term exposure.

Secret Syngenta Records and Influence

Assemblymember Laura Friedman’s office cited internal Syngenta documents uncovered by The New Lede and The Guardian, which reveal the company’s long-standing awareness of scientific research linking Paraquat to Parkinson’s disease. These documents also show evidence of Syngenta’s efforts to manipulate and influence the EPA and the publication of scientific literature supporting Paraquat’s safety. The company allegedly worked to mislead the public about Paraquat’s dangers and employed secret strategies to maintain the chemical’s market presence.

California’s Proactive Approach to Chemical Regulation

California has a history of taking quicker action than the US Environmental Protection Agency (EPA) in restricting chemicals associated with severe health concerns. In 2019, after the EPA failed to follow through on plans to ban the insecticide chlorpyrifos, California announced its ban, citing evidence of the chemical’s association with impaired brain and neurological development in children and other sensitive populations.

The paraquat ban bill will now be voted on by the entire Assembly next week. A majority of 80 Assembly members is required to keep the measure alive. If successful, the bill will move to the state Senate for consideration.