Santa Rosa bishop can get counseling in lieu of criminal charges

Ochoa, 68, worked at St. Francis Solano Church in Sonoma before admitting misconduct during a meeting Friday, April 28 with Walsh and two other church officials.

Nearly 24 hours later, Walsh made his first call on the matter to diocesan lawyer Dan Galvin. Unaware that Child Protective Services had a 24-hour hot line, Galvin had his secretary call the agency Monday, who learned the report should have been filed at the sheriff's office. Walsh spoke with investigators for the first time Wednesday, May 2, five days after learning of the abuse.

Deputies said the delay helped Ochoa escape.

Walsh has publicly apologized for failing to report the alleged misconduct immediately. He also said it was a mistake to call his lawyer first.

"I should have acted immediately, and not delayed," Walsh said in a letter of apology that followed two months later. He also said he would "accept whatever punishment is imposed."

During an interview with The Associated Press, Walsh called Ochoa an "unsympathetic character" whom he immediately stripped of his duties as a priest.

Ochoa is wanted on 10 felony counts and one misdemeanor count of child sex abuse involving three boys.

State law requires clergymen to immediately report suspicion of child sex abuse and to follow up by fax or e-mail within 36 hours. A violation has a potential penalty of six months in jail and a $1,000fine.

Passalacqua said Walsh could participate in the Adult Diversion Services program.

"Bishop Walsh admitted wrongdoing, has no prior record, and is eligible to enrol in this program, "Passalacqua said in a release.

If Walsh successfully completes the counseling program, no formal criminal charge will be filed, he said.

A message left for a diocese spokeswoman was not immediately returned.

No U.S. bishop has ever been criminally charged for failing to disclose allegations of abuse and a group representing victims of clergy abuse criticized the district attorney for giving Walsh the option to escape prosecution.

The Survivors Network of those Abused by Priests said Passalacqua was "a cowardly politician instead of a courageous advocate. He had a chance to show that putting children in harm's way is wrong."