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The Catholic Diocese of Stockton, which includes parishes in Tuolumne and Calaveras counties, has agreed to settle for $3.75 million a legal claim by a Fairfax man who argued former priest Michael Kelly molested him as a youth. In exchange for the settlement, the plaintiff has agreed to drop his case against the diocese and Kelly, according to a statement from Bishop Stephen Blaire. "The settlement brings an end to litigation that began more than 4-1/2 years ago and that has occupied a great deal of time and focus," he said. "We respect the right of everyone to have their day in court and we abide by the decisions that were made. The settlement was the latest development in a week full of surprises in the case. Monday, it was revealed Kelly had fled to his homeland, Ireland, on the eve of his scheduled testimony in the second phase of the trial in San Joaquin County Superior Court. The second phase focused on whether the diocese played a role in covering up Kelly's misbehavior. In the first phase of the trial, Kelly on April 6 was found liable for sexually abusing the man when he was an altar boy at Stockton's Church of the Annunciation. Kelly claims he left the country because of health problems. The flight came also as Calaveras County Sheriff's Department investigators were attempting to build a case that Kelly molested at least one youth in Calaveras County while leading St. Andrew's Church in San Andreas between 2000-2002. The alleged victim was brought to the county's attention by a Newport Beach law firm which is also representing the Stockton victim. Sheriff's investigators this week said they have received several reports from alleged victims, including at least one from Tuolumne County. The diocese, in settling, made no overt admission of wrongdoing. The plaintiff’s attorney, John Manly, however, said the settlement spoke for itself. "When someone pays $3.75 million ... it's because they did something wrong,” he said. While the civil case is over, Manly said, his client, an airline pilot and military veteran, is still urging the state Attorney General and San Joaquin County District Attorney to investigate whether there was any criminal wrongdoing by the diocese. An investigation would examine “how he was allowed to stay in the ministry for 40 years when he was a clear and present danger,” Manly said. “The evidence at trial showed they knew he was a pedohle and they ignored it.” The Stockton settlement is the second major payout by the church in relation to parishioner abuse by priests. In 1998, the diocese was ordered to pay a pair of Turlock brothers $30 million in a landmark legal settlement, which was later reduced to $7 million. Joh and James Howard said they were molested several times between 1978 and 1991 while O'Grady was at Sacred Heart Church in Turlock. O'Grady was sentenced to 14 years in prison in a criminal case and was later deported to Ireland, where he lives today. The O'Grady case, among others things, showed the diocese and a succession of bishops were aware of O'Grady's activities as early as 1976 and addressed the matter by assigning him to counseling and shuffling him to different churches, including St. Andrews in San Andreas. |