Saturday, February 26, 2022


 Posted by frenchie

The balances of Justice

Which way shall Judge Tydingco-Gatewood tilt the balance.

After six days of laborious testimonies, the lawyers for both parties were called to present their closing arguements

Mr Caldie for the plaintiffs did a very professional, detailed and logical presentation

It was punctuated with case law, clearly understood Civil law, and easy to follow argumentation.

After a quick recess, Mr Camacho did his closing statement, I wish I could tell you that he did a good job. Rather than addressing the technical legal issues, he gave an historical and cultural presentation, switching at times to Chamorro, and starting to rambled without aim.

The Judge tried desperately to throw him a lifeline on several occasions. Admonishing for example, to give her legal reasons to rule in his favor. Every time Mr Camacho said he understood but continued with his rambling, illogical and poorly prepared statement. It was very painful to watch.

After another recess, it was time for redirect.

Again Mr Caldie, handled himself very professionally with precise, concise arguments and clear explanations to the judge questions. He did not lay into Mr Camacho as he could have clearly done so.

This was then time then for the second redirect , this time for the defense.

Another lawyer, Mr Talbott, who obviously was much better prepared, did a more eloquent and appealing presentation, but admitted that he could not provide precise case law. He pleaded with the judge to take a leap of faith, arguing that this is an unprecedented case, which needed an unprecedented ruling. This was a legal Hail Mary

After a 15 minutes recess, the judge is coming back with her verdict, and in a short statement declared for the plaintiffs, explaining the defendants failed to demonstrate their case. The Judge mentioned that this was a Chapter 11 reorganization ruling, and that she Hope this will not eviscerate the  parishes and the school.

She encouraged people not to have apprehension, and for both parties to bring finality to all.

She also encouraged all parties to meet with judge Perez to settle.

Mr Elsasasser made a statement on behalf of the Archdiocese, and declared they shall  try their best to find a way to try to bring closure to this process.

Mr Tudela finished with new remarks by thanking the court, on behalf of the 285 survivors, and made another very emotional declaration, along the same line as his statement of yesterday, and prayed for healing and closure.

More to come.

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