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By City of Angels Lady
The more Church Attorneys have to talk in court, the better things go for plaintiffs, as even in today’s slow grind of justice, the truth inevitably comes out. At a June 6 hearing, the judge denied plaintiff’s request for a protective order, and in the same case, denied the church’s attempt to prevent deposition of a witness, and no matter what defendants argued, the plaintiffs’ cases kept shining through.
To show how compassionate a man Clinton Hagenbach really is, a Church Attorney told the judge, “A letter was sent to all the members of the parish” about the same time period as the calendar entry about which plaintiffs want to question this witness. The female Church Attorney beside him chimed in, “He (Hagenbach) was upset to be leaving because he had so many dear friends in the families at that parish.”
Plaintiff liaison Tony DeMarco jumped up and said, “Your Honor that letter is something we’d like to see.”
Then in yesterday’s hearings Church Attorney Sean Kneafsey assured Katherine Freberg in front of the judge: “The bulletins are being copied as we speak.” So more evidence is piling up in preparation for the Hagenbach Cases Jury Trial now set for July 9th.
“THOSE DOCUMENTS Should have been produced a year and a half ago” -- Katherine Freberg
Yesterday in court Katherine Freberg went on the record again about how difficult it’s been to get the LA Archdiocese to cooperate with pretrial discovery.
“At this point what we need is an order with a time deadline to force the defendants to turn over this discovery within the time limit,” Freberg stated. “The problem is we get agreement from defendants to produce but with no court order. . .”
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Back to June 13th hearing:
As Church Attorneys have said many times before in front of the judge, “We’ve agreed to produce the documents.” They tend to agree to agree to do it, but never get around to doing it. It’s the same legal word-mangling that made it true when Bill Clinton said, “I never had sexual relations with that woman.”
“The defendants are now producing documents that should have been produced a year and a half ago,” Freberg said on the record in court.
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That Elusive Hearing On Cardinal Mahony’s Answers To Interrogatories Is Back On Calendar.
Remember Cardinal Mahony’s non answers, the hearing that disappeared from the calendar then reappeared then disappeared on May 30th? Freberg has been trying to get definitive answers to Interrogatories 1 through 8 from Cardinal Mahony since August 2005. The answer that Mahony finally gave to almost every answer after a year was:
“Responding party objects to this request. It’s broad, burdensome, harassing, not relevant. Violates religion clause of First Amendment, physician patient privilege, lawyer client privilege, and work product doctrine.”
Today’s calendar at LA Superior Court Website has this hearing set for Wednesday June 20th: “MOTION - COMPEL FURTHER RESPONSES (TO INTERROGATORIES 1-8(PAPERS FILED ON 4/12)**CONT FROM 5/30**RE: BC307225)”
If I’m not mistaken that hearing was not posted at the Superior Court website on the calendar yesterday. It just appeared there again, as of this morning. Pay attention, it may disappear again.
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A SUBPOENA CAN BE SO DISTRACTING
How is a Church Attorney supposed to Keep Track?
When the hearing on Mahony’s answers to Interrogatories 1 through 8 disappeared from the calendar on May 30th word was that since the Cardinal had been served with a subpoena the week before he and his seven to eight law firms were too busy fighting to keep him from having to testify and they just forgot about the hearing about answering written interrogatories.
Freberg gave another possible reason for the disappearing hearing on Interrogatories 1 through 8 May 30th when she explained, “these things happen.” She’d filed several motions in one day.
It’s easy to see how out of the thousands of motions filed with no problem since last fall in these cases, the one about Mahony’s response to interrogatories just accidentally got totally mishandled, mis-scheduled, mislabeled, and although she was the filing attorney, Freberg didn't know about the latest changes to the calendar.
However no church attorneys showed up for the non-scheduled hearing, so someone must have let them know in advance. . . .
Now the hearing on Interrogatories 1 through 8 is on again for Wednesday June 20th, it’s on the LA Superior Court website/civil under Case Summaries (type in JCCP4286 as case number).
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MORE ON HAGENBACH PRETRIAL HEARINGS:
In the order June 6th denying a protective order, even though plaintiff’s attorney stated, “There is evidence corroborated by the mother that (plaintiff) has an extreme fear of bodily injury or death if this employer is brought back into his life,” the church argued that they were having trouble finding any other employer of this plaintiff to interview.
Ironically, that's exactly why so many of us become plaintiffs. The damage from being raped by a priest is so devastating many of us haven’t been able to hold down jobs.
So defendants once again find themselves arguing for the plaintiffs, as Church Attorneys get tangled up in their contradictory objections, twisting one weird response into another and you know what? In the end the truth comes out.
From the church fighting the plaintiff’s protective order:
CHURCH ATTORNEY KNEAFSEY: Um, your honor, Mr. (SAYS PLAINTIFF’S NAME. IT’S ALWAYS A CHURCH ATTORNEY WHO SAYS THE PLAINTIFf’S NAME OUT LOUD AND CLEAR IN COURT.) has been operating under the radar for years. We haven’t been able to find any employment history. This is the only employer we've been able to find we and need to question him.
CHURCH ATTORNEY KNEAFSEY CONT’D: Mr. --- testified that he’s not been able to hold down any job for no other reason than abuse by Hagenbach. We haven’t found anything to substantiate that.
JUDGE: This employment was for two months in 1987. . . . It’s a very thin story that’s proffered and it’s insufficient so the tentative (denying the motion) will be the order.
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More to Come. . .
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