Posted by frenchie.
This is supposed to be the last day of testimonies. We are starting 20 minutes late,
Judge Tydgingco Gatewood goes over some Schedule changes.
The original schedule was supposed to have the closing statements from both sides to take place on Monday. We are now going to have the closing statements on Saturday instead starting at 13h00
Both parties then went into the details on how the closing statements would proceed and how long they would take.
The Judge then called on both parties to let her know who the witnesses would be for today's hearing.
We were advised that Archbishop Byrnes would testified, followed by Mr Tudela from the committee of creditors. Mr Tudela is one of the first victims to come forward early in the process, he now represent other survivors.
The Judge then advise the parties that Honorable Robert Perez from the federal court of Hawaii will continue pursuing settlement before the March 4th or the March 11th scheduled meeting.
The judge encouraged both parties to use this great opportunity to settle the case.
After these issues were settled Mr Glasovich addressed the issue of stipulation for Fr Ron Richards testimony. Ensued a back and forth between Mr Glasovich and Mr Anderson as the stipulations foundations. Judge overruled the stipulation and allowed for testimony to take place in the afternoon.
All things having been handled Archbishop Byrnes was called to testify and reminded he was still under oath.
Mr Caldie did the questioning, starting with the examination of certain documents, as well as questions about the process used to establish the difference between essential and non essential properties.
Then we moved to more documents which the Archbishop declared not knowing anything about.
"this was my predecessor"
The next set of questions were about the guidelines existing prior to the bankruptcy filing.
By this time 62 people are watching on Zoom
Documents admitted as evidence # 335, # 353.
Archbishop was asked to look at several letters. Do you recall?
"I do not recall"
This was the answer to several documents presented.
Can parishes sue you? Yes but unlikely.
Would you give back the title or the deed of property back to Santa Barbara?
No
The zoom viewers are now numbering 78
What do think you have achieved?
"We have been through a lot, and when you are in doubt you go back to the basic"
What is that?
"In this case this is Jesus"
Do you have anything to say to the survivors?
" Yes! I am Sorry"
We are now going into recess.
NEXT WITNESS: MR. TUDELA
As mentionned earlier Mr Tudela is one of the first survivors to go public more than 6 years ago.
Mr Tudela is in his late 70s, and was born in Saipan.
This looks like it could be a very traumatic testimony.
Mr Caldie doing the questioning makes the decision to let Mr Tudela testify without being interrupted.
Mr Tudela looks frail and fragile, but he talks clearly and with authority.
By this time the Zoom attendance reaches 90 people.
Mr Tudela proceeded to explain where he came from, how poor his family was, and how he was encouraged by his aunt and his grandmother to become a priest.
This led to him moving to Guam from Saipan, and be housed at the Friary while here.
Then slowly, painfully and with vivid details Mr Tudela related how he was first molested by a Capuchin at 2.00am He was 12 at the time. He stopped several times to wipe his tears during this part of his testimony. Both the attorney and the judge gave him words of encouragement and solicitude.
He reported the problem, but instead of being protected he was moved to a far away parish.
He recouped from this ordeal and concentrated on his studies and side works. this is when he came into contact with Fr Louis Brouillard. (the most prolific abuser of the Archdiocese)
He moved to the parish in Mangilao, where he was then molested repeatedly by Brouillard who used the kids in his charge as his personal harem.
At this time the testimony became very emotional and intense.
"Why are we here today? The Church is not the enemy, it is the devil!
"my grandma used to tell me that to delay is to deny"
"Delay, delay ! its been six years and we continue to delay!
" I am 78, some of the survivors have died already, some like me are getting close to the end. I was supposed to get a bypass surgery, but I said no, then I was diagnosed with stage IV cancer, I did 32 days of radiation. I want this to be finished."
"Millions have been spent already. We have not seen a penny yet . Why are we here?"
"I don't blame the Church, I am still Catholic, I blame the evil people that did all these evil things."
Attorneys from both parties looked very uncomfortable.
Lots of pauses, lots of silences, lots of forced smiles and understanding looks.
The judge appears to be very moved by the witness.
Mr Caldie declares the end of the questions, and the defense does not have any question for Mr Tudela.
Yet we are not finished, because the judge takes the time to give advise and encouragement to Mr Tudela, talking about her own experience of prosecuting sex crimes, the courage needed to testify publicly. Conversation is very personal and very genuine.
After this highly unusual moment we go into recess
Mr. Tudela nailed it when he said after six years and six million dollars already paid to the attorneys the victims have not seen a penny. And of course they never will see a penny. The lawyers will get it all. Mr. Tudela needs to organize the survivors and demand settlement while they can. However, it appears the real obstacle will be Bank of Guam. Bank of Guam is one of the creditors and the largest creditor. My understanding is that the archdiocese under Apuron amassed more than 20 Million in debt with Bank of Guam. Given the 30 million dollar settlement offered by the archdiocese this leaves very little for the nearly 300 survivors. So we come back to Bank of Guam. Bank of Guam. Bank of Guam.
ReplyDeleteExcellent comment Tim....always follow the money. We know BOG always allowed Apuron to ask for more loans. The operatives from
Delete"the sect" working at and for BOG are now at Adelup. Therefore I am NOT optimistic for the survivors.