**********The City of Angels is Everywhere*********

Tuesday, October 9, 2007

Arrest records, opinions, settlements, and sex crimes of additional perps should be excluded as evidence say Salesian attorneys re jury trial Nov. 5

By Kay Ebeling

Church attorneys for the Salesians want the court to exclude “evidence of Fr. Titian Miani’s 2003 arrest,” evidence of conduct by “persons other than Miani, Lorenzoni, and Marguia,” and my favorite in the arena of thought control, Motion in Limine No. 8: “To preclude expressions of personal opinions and references to litigation and/or settlements. . . . ”

Defense attorneys filed at least nine motions in limine Oct. 2nd trying to exclude evidence in the Salesians cases which go to jury trial November 5.

In hearings this morning the Salesians added David Morse from Texas as attorney in the upcoming jury trial. Morse came in to battle plaintiffs for the Salesians in the 2006 San Francisco trials. Today the Court granted leave to allege punitive damages in two of the upcoming cases against the Salesians, and Judge Haley Fromholz ordered attorneys on both sides to meet and confer on motions to compel documents and answers to interrogatories that the Salesians were trying to beat down.

I went downstairs to see what information the Salesians were trying to cover up this time and again arcscanweb wouldn't open the clergy case documents.

But the titles of the motions in limine say enough

First: “in limine” defined:

“Order regarding the admissibility of evidence whose exclusion is sought esp. on the ground that it is prejudicial"

Merriam-Webster's Dictionary of Law, © 1996 Merriam-Webster, Inc.

Here is the evidence attorneys for the Salesians want excluded: (Filed on October 2)

Motion in Limine No. 1

To preclude evidence of plaintiffs’ sexual abuse by Father Titian “Jim” Miani, Father Larry Lorenzoni, and Brother Ralph Marguia.

A second Motion in limine 1:

To exclude any reference to liability insurance in voir dire and trial.


Motion in Limine No. 3

To exclude testimony re plaintiff’s knowledge of molestation of other victims of clergy abuse.

Motion in Limine No. 4

To exclude evidence of Fr. Titan Miani’s 2003 arrest.


Motion in Limine No. 6

To exclude evidence of unlawful sexual conduct by persons other than Miani, Lorenzoni, and Marguia

Motion in Limine No. 7

To exclude post-abuse evidence unrelated to damages.

Motion in Limine No. 8

To preclude expressions of personal opinions and references to litigation and/or settlements in other actions arising out of allegations of childhood sexual abuse by clergy including the recent settlement by the archdiocese of Los Angeles.

Motion in Limine No. 9

To exclude all evidence relating to Larry Lorenzoni, Ralph Murguia, and the unidentified clergy person named by plaintiff Ron. H.

Also filed on October 2nd

Declaration of Courtney R. Henning in support of Motions in Limine of Salesians.

I can’t find a hearing date on calendar for these motions about evidence in the Salesian Cases but this motion to Bifurcate these same cases was filed on the same date by defendants and is on calendar for October 25,

Same date as Final Status Conference for the Miani Cases.

Next: Disturbing testimony in court this morning, after this:

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A mother, two children, and an attorney were in court, and due to calendar problems, they had to sit through Clergy Case hearings. So they overheard:

CHURCH ATTORNEY: Miani says it was an altercation, a fight and during the fight he grabbed his testicles, that's not for any sexual interest. It was to inflict pain, it was a fight, that's not childhood sexual abuse.

PLAINTIFF ATTORNEY: It’s him sneaking at five in the morning into this kid’s top bunk of the second floor, straddling him, and when the kid is resisting, reaching around and grabbing his testicles. That's not a fight, it’s an assault.


It’s okay. They're waiting because they need an Spanish interpreter for their case.

The kids don’t understand a word
Well the mom doesn't understand, the kids do

They got to overhear the clergy cases testicle issues on their big day in court today.

City of Angels Lady will have to hit the ground floor document room at superior court another day this week to read the actual arguments by Church attorneys to exclude this evidence, since once again only the arcscanweb documents, or only the clergy case documents, would not open today. . . (slap down that paranoia and keep going forward)

More to come. . .

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1 comment:

hrh said...

Are these Salesians the same order as the Salesians of Don Bosco? If so, they are the RC superstars of child cleric rape/molestation/abuse from all the reports I've read about them over the years.