Friday, May 9, 2025

ARCHBISHOP JIMENEZ MAKES THE RIGHT MOVE

LINK to copy of Original 

(Emphases added)

09 May 2025

To: Clergy and Religious Women of the Archdiocese of Agaña Re: Apuron Civil Proceedings

Dear Brother Priests, Deacons and Sisters,

The Archdiocese of Agaña has learned that the plaintiffs who maintained various civil claims before the District Court of Guam against former Archbishop Anthony Apuron have agreed, through a stipulation of their respective lawyers, to voluntarily dismiss those cases effective 07 May 2025. I have asked our legal counsel to explain what those dismissals mean, and our counsel has confirmed that a dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) does not operate as an adjudication about the merits of a particular case, but is a mechanism that allows the parties to a particular civil case to mutually agree to end that legal matter. The decision of the parties to stipulate to a dismissal with prejudice means that the Plaintiffs have agreed to not pursue their claims in the future in any court. We are directing questions regarding the recently announced resolution of the civil court cases involving the former archbishop to the parties and counsels involved in those cases.

While the Archdiocese respects the decisions of the victims of the former archbishop to end their cases before civil authorities, it remains the fact that on 07 February 2019, he was found guilty of committing abuse against minors. That determination was made following a canonical investigation and penal trial conducted by the Dicastery for the Doctrine of Faith in Rome. That determination led to the former bishop losing his rank and duties as the leader of the Catholic Church on Guam, as well as a perpetual prohibition preventing him from returning to Guam or presenting himself with the insignia attached to the rank of bishop. Nothing about that determination has changed.

Until every obligation is met, the Archdiocese continues the important work of fulfilling the directives under the reorganization plan set in motion by Archbishop Michael Jude Byrnes. We will not forget that the 302 claims filed against the Archdiocese would not have been settled without the financial contributions from all Archdiocesan entities and the important work you all have done in the parishes and schools to identify real property that can be sold to fund the settlement trust fund. The Archdiocese subsequently resolved its role as a defendant in every civil case it was a part of when the District Court of Guam issued its Order confirming the bankruptcy reorganization plan for the Archdiocese in 2022.

It cannot ever be overstated or undermined the vigilance we all must have to protect our most vulnerable. I remain committed to carrying out the pledge expressed in my letter of 06 December 2024, to all our brothers and sisters “to walk in fidelity with the survivors and all concerned to the end when we see God face to face and our tears are no more.”

Finally, to my brother priests, my co-workers in our shared service to the People of God, let us be good shepherds and heralds of the Gospel. And, to all, in these remaining days of Easter, let us anticipate God’s love poured into our hearts through the Holy Spirit who has been given to us by the Father and the Son.

Yours in Christ,

+Ryan P. Jimenez, DD Archbishop of Agaña 


MY NOTES

"...a dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) does not operate as an adjudication about the merits of a particular case, but is a mechanism that allows the parties to a particular civil case to mutually agree to end that legal matter." 

- This means that there was no adjudication (judgment) in the matter and the dismissal does not operate as a judgment of innocence as Apuron is claiming - AND his attorney, Jacque Terlaje, knows this. Yet, she provided the video of Apuron's victory dance to the media and may have even written the script he was obviously reading. 

"...the victims of the former archbishop..."

- There is no question. Archbishop Jimenez makes it clear that Apuron victimized the plaintiffs.

"...it remains the fact that on 07 February 2019, he was found guilty of committing abuse against minors...Nothing about that determination has changed."

- Actually, Apuron was found guilty by the court of the first instance on March 18, 2018. He lost his appeal when Pope Francis upheld the guilty verdict on Feb. 7, 2019.

- Now we shall see if Archbishop Jimenez can withstand the backlash of Apuron's Neo-backers. 

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