In 1995, the diocese settled a sexual-harassment claim against Fushek, paying $45,000 to a former employee of St. Timothy's church in Mesa, where Fushek is pastor. No guilt was admitted in the settlement, which church officials say was made only to avoid the cost of a lawsuit.
A few years back, Manning had a different view about such things.
In 1999, a settlement was announced in a lawsuit against Arpaio's office involving the death of a jail inmate named Scott Norberg.
Norberg died in a struggle with detention officers. His family sued for $20 million. Manning was their attorney.
The case eventually was settled for $8.25 million, but carried with it no admission of guilt by the Sheriff's Office. Arpaio declared victory.
"I am relieved that this tentative agreement contains no admissions of fault or liability on behalf of our officers," he said.
Back then, Manning told me that money spoke louder than words. He described a cash settlement as an admission of guilt. With Fushek, he says just the opposite. I asked him why.
"If I were his (Fushek's) lawyer in 1995, I probably would not have been able to foresee the atmosphere in 2002. And I probably would have advised him, that if you can settle this for less than the cost of defending it, do it," he said. "Today I would not give him that advice. Today I would say to him, 'Father Dale, in 2002 no priest who feels this is an improper claim can do anything but try the case.' "
Manning called the Norberg settlement "eight and a quarter million statements of wrong." He doesn't call Fushek's settlement 45,000 statements of wrong.
"I concede that even in 1995, sexual misconduct by clerics was important," he said. "But, inescapably, part of being a diocese is a business. And it was a business decision made in 1995 that wouldn't be made today. I would have made that same decision for him in '95 and regretted it in 2002. And apologized to him for it."
