MEANWHILE ON SAIPAN

 Posted by frenchie

Last year we exposed the attempts by little Ricky to sell us a new group  of Neo friendly religious order from Spain called  the little sisters of the abandoned elderly.

On June 30 2021, we ran an article explaining the duplicity of Rick Eusebio , and underlined the issues with this Congregation, he was arguing for us to welcome on Guam.

Things quickly went underground from there, but as always with the NCW, they did not go far, and they continued their work of infiltration.

Last month guess who appeared in Saipan for a evaluation tour? ....but two sisters from the little sisters of the abandoned elderly, at the request of some laity, and with the accord of the local Bishop.

We know that Bishop Jimenez has a laissez faire attitude regarding the Neos, which most likely got him where he is. Yet he has not come out openly about his support. He prefers to keep things discreet, but accomodates almost always.

As a Suffragan of the Archdiocese of Agana perhaps he should be more careful , but it appears that he has been convinced to let the Sisters get a foothold in Saipan and the Northern Marianas. A situation which should facilitate greatly the future installation of said sisters here on Guam, should there were a new team at the Chancery

Perhaps it would be wise, to keep this in mind, while we are distracted, by falling Altar areas, lawsuits, and other shenanigans.

THE CARDINALS ARE GROWING RESTLESS, OTHER JUST SIN

 Posted by frenchie.

 

 

A memo circulating among Cardinals, regarding the next conclave is not only making waves, it is fast becoming a huge tsunami.

Famous Italian journalist, Sandro Magister, specialist of the Vatican and its complexities revealed in the Italian newspaper L'Espresso the whole issue. You can read it Here

This is indeed a tsunami, and it tells us about the unease of many of the fathers of the Church with Pope Francis actions and decisions.

The Great Catholic journalist Phil Lowler wrote about the issues in his excellent collumn, on the Catholic Culture Blog.

Read attentively, as he lays out the issues in his usual articulate way.

Read Here 

This is very relevant for us here on Guam, as we attempt to close on a painful past, which should lead us to a temporary tight financial situation.

Several behind the curtains actors both at the Chancery and outside of it, are not happy with the conciliatory outreach between the parties.

We know that there are people who are (like in the Vatican) doing a work of termites against our Church.

Understanding the Macro view of the problem, allows us to understand the micro consequences here on Guam 

A DISASTER WAITING TO HAPPEN

 Posted by frenchie.

Following his implementation of his Synod of Synodality, the new Code of Canon law, reorganization of the bodies of government, inside the Vatican, Pope Francis accelerate his deconstruction of the Church under the guise of a needed modernization of the Church at all cost. 

It seems that the disastrous results of modernization of western societies and of the Vatican II do not suffice, and that the reflection that would ensue in any normal organization, has turned into a rush forward, as if the pontiff was afraid not to be able to finish his mission before he is recalled by his maker.

Francis latest Motu Proprio titled: "Assegnare Alcune Competenze"

is turning some of the normal competences of the Vatican to local bishops.

You can read Vatican News 

Here 

What is very troublesome is that under the guise of decentralization, the Pope is giving great new opportunities for Sects like the NCW here on Guam to grow unabatted.

Further there shall be a transfer of power from the Vatican to the Bishops in the decision to the reduction of the obligations of masses under Canon 1308.

Finally this will also impact the Mass intentions that a priest can or not celebrate.

Quite a disturbing issue here on Guam where this is a integral part of the fiber of our local Church.

Lets pray that the Chancery will clarify this specific point to assuage people's fears.

DIANA IS STILL AROUND, AND STILL DELUSIONAL.

 Posted by Frenchie

For several years Diana, the mouthpiece by proxy and by committee for the NCW on Guam has spread her venom, about anybody that dares not agree with the cool-aid served by her cohorts.

Following last weekend official letter from Archbishop Byrnes about the likely necessity for the Catholics of this diocese to make extra efforts financially and otherwise to bring closing for the survivors of sex abuse at the hands of perverted, morally corrupt and devious clergy over the last  5 to 6 decades, Diana graced us once more with her inane logic and her usual deflecting abilities, that as always border on insanity.

Please Judge for yourself:

"Signs of Events"

"Our Lady of Mount Carmel Catholic Church in Agat is closed for now because the flooring at the altar caved in and therefore unsafe to hold Mass inside the church building.  Many people have been speculating about this disaster.  Some say the disaster happened because of the child sex abuse cases.  Some view it as God's anger toward the clergy.  Some place the blame on Father Alberto, the pastor of Mount Carmel while others, who were more logical and realistic, blame it on the old flooring. 

Nevertheless, one thing is very clear.  It is the parishioners of Agat who are suffering from the closure of their parish.  However, it is also interesting to note that everything started in the village of Agat with Tim Rohr, "the Agat Boys" along with the JungleWatch Nation.  Let us not forget that it was the entire JungleWatch nation (which includes CCoG, LFM, Silent No More and their affiliations) that initiated and worked for the passage of a bill that would close down parishes and Catholic schools.  

Many people in Guam often read signs of events.  Did it ever occur to anyone that perhaps the closure of the Agat parish is a sign of things to come?  The judge had already ruled against the Archdiocese, stating that all parishes and Catholic schools are assets of the Archdiocese of Agana.  So, perhaps, God is telling all Catholic parishioners to prepare themselves for the great suffering that is to come.  Even Archbishop Michael indicated in his letter that it will be painful for all of us.  Just remember that Bishop Anthony and the Neocatechumenal Way had nothing to do with the passage of Bill 326.  All I can say is that if this bill had never been initiated and passed, we would not be where we are today. "  

Yes ladies and gentlemen, crazy Diana is blaming the passage of bill 326 and the people who advocated for it, for the situation the Archdiocese is facing.  

Forget the sex abusers, their victims, the coverup by several bishops and their henchmen, often abusers themselves like the disgraceful and disgraced Apuron and Cristobal, both rabid neos themselves.

For Diana, it was people and legislators that refused to be silent about the great scandal done against children, that are responsible for this. Should people have remained silent, we would we not be in this predicament, posit the great mouthpiece of the NCW.

Talk about being dense!!

How can anyone calling themselves Catholic could be that self-centered? That clueless? That Heartless?

The answer is simple and right in front of our collective noses.

When you are willing to cover up evil like child abuse, in order to gain politically and financially from that coverup. When you are willing to ignore the evil done in your name by corrupt leaders, then you can easily blame others for something you were knowledgeable about, aided and abetted, (even if only partially) and you have no qualms about using it as distraction to some of the other abuses done by your sect. (like illegal building alteration perhaps?)

 

 

CRASH, BANG, BOOM!

"The fallen floor appears limited to the newly raised altar area. DPW will perform more evaluations on the Agat Church to confirm it’s just the new add-on area and nothing more. It’s really too bad they didn’t leave Mount Carmel Church how it was for almost 70 years now. I’m sure those who did the latest work on the church had no idea. DPW and director Vince Arriola responded very fast." 

- Mike Phillips, Guam Daily Post, 'No sinkhole': Hågat church's altar, sanctuary collapse

Yes, it's "too bad they didn't leave Mount Carmel Church how it was for almost 70 years now." The question is: "Who is They?" And why is there a "newly raised altar area?" 

There is a newly raised altar area, an extension of the sanctuary actually, because the NCW "eucharists" require that the "brothers" sit around the "table." So apparently the NCW pastor, in order to accommodate NCW style "eucharists" extended the sanctuary, "the newly raised altar area" and then moved the main altar from the top of the three steps where it had been "for almost 70 years" down to the "newly raised altar area." 

And CRASH, BANG, BOOM!

Did Archbishop Byrnes authorize the extension of the sanctuary, i.e. "the newly raised altar area?" Did Archbishop Byrnes authorize the moving of the permanent altar? If so, then this is on Archbishop Byrnes. If not, then unfortunately this is still on Archbishop Byrnes. 

It's hard not to see the symbolism of this. And the message. 

PERHAPS JESUS SENT A MESSAGE

A new video of the damage at the Agat Church shows what really happened. The altar had been moved from the top of the three steps, where it been for decades, and was placed on the lower portion of the sanctuary. It's quite obvious from the size of the hole that the altar fell into that the lower portion was never properly constructed, but it was never intended to support the weight of what appears to be a fully concrete and/or stone altar, probably weighing a couple thousand pounds. 

If there was a proper engineering study performed prior to moving the altar then the company which conducted the study could be held accountable. But more than likely, given the entire rearrangement of the sanctuary under the present pastor, it was the pastor's decision to move the altar and that he did so without a proper engineering study nor permission from the Archbishop. 

If this is the case, then the pastor should be held personally accountable for the damage and required to pay for the repair. The people of Mt. Carmel Church and the Catholics of the Archdiocese of Agana in general have already suffered enough at the hands of negligent, careless, and sometimes willfully arrogant clergy. 

Note: Secular, i.e. Diocesan priests, which this pastor is, do not take a vow of poverty and are permitted to earn a salary and acquire material assets in their names. 

Further, it is quite clear that this pastor, a well-known "NCW priest," and in fact, the first priest ordained from the former Redemptoris Mater Seminary, had rearranged the sanctuary to accommodate NCW style services, i.e. placing the altar (they call it a table) and the lectern in the middle of their worship space. 

The video also shows that after removing the altar, which represents Christ, and placing "Christ" on the lower level, the pastor placed himself at the apex of the sanctuary where Christ once was. Perhaps, Jesus sent a message. 

THE SINS OF THE FATHERS

Today, the floor beneath the front portion of the sanctuary at Mt. Carmel Church in Agat appears to have collapsed. 

One cannot help seeing this and not connect the collapse of the floor with the terrible things that happened in this church when Apuron was pastor here in the 70's and from which we first began to hear about "the Agat boys." 

ARCHBISHOP BYNRES: BANKRUPTCY MESSAGE, MAR. 18, 2022

 PDF LINK

LETTER TO THE EDITOR: WHO ON THE HILL?

Someone 'on the hill' blocking justice for church sex abuse victims

By Tim Rohr

It appears the judge has “had it” in what continues to appear to be a cat and mouse game – if not a real-life Tom and Jerry cartoon – in the case of the Archdiocese of Agana v. its creditors, including lenders and decades of clergy sex abuse victims. CONTINUED

A COMING TO JESUS MEETING FOR THE DEFENSE LAWYERS IN JUDGE TYDINGCO-GATEWOOD'S COURT

 Posted by frenchie

(The meeting described below took place on line with all parties answering question by the judge.)

Today at 7.00am the attorneys from both the creditors and the Archdiocese were summoned in Judge Tydingco-Gatewood's court to update her on the progresses or lack thereof of their negotiations which had been supposed to happen in the court of Judge Fartis in Honolulu.

After a slight delay attorneys were asked to update the judge on the actual situation, as well as whatever argument they had to facilitate a settlement if any.

Also present with the lawyers Mr Ching the actual trustee of the Bankruptcy.

People took turns highlighting their respective narrative. Mr Elsasasser, the lead Attorney for the Archdiocese defense team, went on a long convoluted expose, arguing that the Archdiocese and its team would need at least another three weeks, in order to come to an agreement on to what to propose to the creditors.

When it was the turn of Mr Caldie, the lead attorney for the Creditors, he strongly disagreed, arguing that the Archdiocese had already wasted two whole weeks since the last ruling, and that rather to help find a settlement, the delay would just make it harder to find  a solution agreeable to both sides. He also introduce the idea that Mr Elsasasser was bidding for time, in order to join the settlement in Delaware with the BSA. He challenged the Diocese to make it official that they would not do such thing and really try to settle under the hospices of Judge Faris.

The lawyer for BSA, made a few statements to make it known that she was not aware of any discussion about a settlement where the Archdiocese would be able to join.

Mr Ching, just reminded Judge Tydingco-Gatewood some of the technnical details of his duties.

Finally the judge made it clear that she was not in the mood for further delay of any kind. 

She set the date of the 18th of March as her deadline for any settlement to be reached, as well as a follow up calendar for parties to make their arguments .

The Attorney was duly chastised from using any artifacts to delay the proceeding, she again underlined that Judge Faris was available any time of day or night to get the parties to agree.

Attorney Elsassasser seem to be really uncomfortable and tried to convince both the judge and Mr Caldie that they were able, ready and available to move forward.. ..The judge agreed for a short recess for the attorneys to chat, before she would have to end the hearing.

Unfortunately, my Docomo service suddenly ended, Ergo I could not get the final word.

More to come.

WHILE WE SLEPT

 Posted by frenchie.

After the high level of interest generated by the trial of Bankruptcy in Federal Court, we noted a certain lull in the attention of people.

Judge Tydingco Gatewood having ruled that the Archdiocese of Agana had not met their burden to prove the existence of a resulting Trust, which would have protected the parishes properties and the schools. The plaintiffs were able to put all catholic properties into the one set of assets which could possibly get used for the compensation of the creditors. (which include banks, survivors and other creditors)

During the trial, a highly emotional testimony by Mr Tudela ( the representative of the survivors) followed by a heartfelt apology by Archbishop Byrnes, led the Judge to encourage on several occasions both parties to consider reaching an agreement under the settlement effort led by Judge Faris in the Federal Court of Hawaii.

Right after that weekend, the Chancery summoned its pastors and school principals to have the lawyers give them an update.Finally last Friday the hearing scheduled in Judge Tydingco Gatewood court was postponed, at the request of both parties to this coming Friday the 11th of March. to get more time to find a common agreement by both parties.

This was a fairly encouraging event, since it appears both parties were willing to listen to one another.

This past Monday there was again a new meeting for the Pastors and the Principals who were given a package to show them the properties on the "Butcher block" for lack of better word.

We Know the lawyers from both sides and Mr Tudela are now in Hawaii to attempt to reach an settlement agreeable to both parties.

Many members of the laity are quite worried about the development of this negotiation, and have let us know about their concerns. Lets hope they also have shared these concerns with the Chancery.

It would also appear, that so far the bills from the lawyers have increase by 50% since the last hearing to now reach $9.00 million dollars. I have not been able to verify that number yet, but we are trying to get that information.

Meanwhile the survivors have yet to receive a penny, and Apuron has not had his day in court yet.

Lets pray that the victims will decide what is right for them, and stop the bleeding.

It is obvious that the lawyers might not agree with that. Yet this is what justice should be like. Not just filling the pockets of the pros.

TELO TAITAGUE INTRODUCE BILL 259-36 aka "AKTON GUMA INCENTIVE ACT"

 Posted by frenchie

Senator Taitague the champion RINO of the GOP of Guam has introduce a new bill in the Senate. Bill 259-36 aka "Akton Guma Incentive Act"

Assisted care housing.

For more information and details you can read the article on the Guam Daily Post,

read HERE

The bill is co-sponsered by Amanda Shelton, Sabine Perez, Joanne Brown, Frank Blas, Pedo Terlaje.

 

Upon first read, the bill appear as a fairly good idea. Until now most elderly people on Guam have been cared for by members of their respective families in their own homes. Unfortunately some of the negative sides of our modern world, have caught up with us on our beautiful island. When many of our seniors are able to stay fairly independent either in their own homes, or in retirement housing, there is a growing demand for specialized housing for people who need 24 hours care. 

Right now, no such service was available outside of the St Dominic House, which itself was sidelined by the Governor at the onset of the pandemic.

BUT!! and there is a BIG BUT!! last year in 2021, Junglewatch warned the general public about a worrisome intervention in the local press, by Dr Eusebio, the well known surgeon who is one of the loudest mouthpiece for the Neocatechumenal Way on Guam. Now that Pius has left Guam and this earthly world for good, one of the most public figure of the Neos on the Island is Dr Ricky Eusebio.

Last year on the feast day of St Peter and St Paul, I wrote a post on this blog denouncing the planned scheduled arrival of a new order of nuns, tied to the neos, with the mission to take care of the elderly.

Dr Eusebio aka little Ricky, is very much in tune with the tax breaks this bill would make available to "enterprises" who would build facilities  for the elderly.

Watch here 

Could it be that the Neos at Adelup who surround the Governor, are putting in place the proper tax environment for the Neos to push another one of their venture, while the Archdiocese is distracted with the settlement with its creditors?

That is a major question.

We shall follow this story very carefully.

So far there is a growing preponderance of facts that would allow for the old call:

"The shadow knows"!

ANALYSIS OF JUDGE TYDINGCO-GATEWOOD'S DECISION.

 Posted by frenchie

Following the total incapacity by the defense to show that a "resulting trust" exist between the Corporation Sole (aka the Archbishop) and the Schools and/or the parishes, Judge Tydingco-Gatewood could only rule in favor of the plaintiffs.

After announcing her decision, she went into a simple set of explanations to explain the process.

She also took the time to revisit the fact that Judge Faris of the Federal Court of Hawaii is still available for both parties to find a settlement before moving into the long and costly process of law suits.

She also took heart, following both Mr Tudela and Archbishop Byrnes declarations of contrition, and peace offerings.

The following Monday, the Pastors of the parishes of the diocese, and the school principals were summoned to the Chancery for an update by the legal defense team.

Junglewatch has procured a copy of the original plan of reorganization brought forth by the plaintiffs, which is a public document. It is a 138 pages document which highlight their proposal.

This was filed a little while ago.

A positive development occurred yesterday. A hearing which had been originally filed for Friday March

4th, for a disclosure statement was moved to Friday March the 11th, at the request of both parties, to be able to have more time to meet with Judge Faris in Hawaii, to come up with a joint chapter 11 reorganization plan.

This is  probably the most encouraging development so far in this case.

Since we have entered the Lent Period of self reflection, and self examination, I would strongly suggest that we all pray for cool heads to prevail.

LETTER TO THE EDITOR: ARCHDIOCESE ATTORNEYS LET CLIENTS DOWN

ARCHDIOCESE ATTORNEYS LET CLIENTS DOWN

by Tim Rohr

Like shooting ducks in a barrel. That’s what it looked like, at least from what I saw of the recent trial to determine whether churches and schools could be included in archdiocesan assets to satisfy its creditors.

It was as if the church attorneys painted a target on its own witnesses and then instructed the other side to “aim here.” In fact, the attorneys for the creditors didn’t even need to aim. Just shoot.

CONTINUED

PDF COPY

DAY 7, CLOSING ARGUMENTS. DECISION?

 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.

THE ELEPHANT IN THE ROOM, NO ONE WANTS TO SEE.

 Posted by frenchie

After a whole week of testimonies and legal arguments, what is sticking out as a sore thumb is the highly emotional, genuine and embarrassing for both parties, testimony of Mr Tudela on Friday morning.

Yet both parties have avoided revisiting this testimony, for different reasons.

Despite the Judge stating, like the Archbishop, that both parties are trying to achieve the same goal, the reality is that this not true at all.

Let me explain.

As Mr Tudela testified, they so far have not seen a penny from the sale of assets by the Archdiocese.

Yet six (6) Millions dollar have been paid to lawyers. This is an average of one million dollars per year of wait for the survivors.

Judge Tydingco-Gatewood alluded indirectly to this situation by advising the lawyers on several occasions, and reminding Mr Tudela (who was too emotional to clearly understand) that their best option for quick relief was the auspices of the reconciliation under the supervision of Judge Robert Feris in the federal court of Hawaii, where settlement is still a real option.

Short of this, the survivors are most likely to become victims once more.By the time the biggest  Creditors get paid, there will not be much left for the survivors, after the lawyers are done.

The major obstacle to the settlement is not the survivors, nor is it the Archbishop, but rather it is the Bank of Guam. The largest creditor going in the process of Bankruptcy, with close to $ 20 million loans and debts. They have been the key to any settlement or not. They have been the main obstacle.

As usual it seems that Lou Leon Guerrero is as dangerous as Killary

Do not mess with the Red Queen.

It looks like the Neo backers of LLG might have the last laugh after all.

Mr Tudela was first helped by Tim Rohr, my dear departed friend John Toves of Agat convinced the former Agat 4 to come forward, I have personally met several of the survivors, many of them refusing to come forward. My only question now is going to be: Are you gonna let the lawyers and BOG manipulate your pain or suffering? Or are you going to instruct them on what to do. The ball is really in your court. It looks like the lawyers for the creditors have done an excellent job.

How do we proceed. Do we want reconciliation of punishment?

DAY 6 OF DEPOSITIONS FOR THE BANKRUPTCY, AFTERNOON SESSION

 Posted by frenchie.

After a morning of very emotional testimonies, and the extremely logical and embarrassing remarks made by Mr Tudela, the challenge for the attorneys of both side, who had gotten a pretty well deserved black eye, would be to make this riveting moment become irrelevant and forgotten. It was now the turn for the defense to bring their witnesses and documents to make their case.

The two witnesses called were Fr Ronald Richards from the Archdiocese of Detroit currently on loan to Guam and acting as special counsel to the Archbishop , Chancellor (keeper of records) and Episcopal Vicar, acting as General.

The "eminence grise" of the Archdiocese of Agana should be an interesting witness, since he coalesced almost all administrative powers over the last 5 years.

Indeed the testimony lasted close to four and half hours. Therefore instead of trying to give you a step by step account, I will try to give you the main action and the general course of the testimony.

Questioning Attorney was Mr Anderson.

It was established through the testimony that Fr Richards had the requisite experience, education and access to documents in his present positions to make most of his testimony acceptable. 

This did not go without a fight, since in the first 20 minutes of testimony, there was a strongly fought back and forth between the attorneys, with many objections being raised as to what was acceptable. Most objections having been overruled, the difficult task of going through all the documents presented as exhibits , one by one was started and took nearly four hours to be finished. 

Documents presented covered the following:

Loans between parishes, loans to banks, fundraising for schools, request for beginning of construction, records of filing for corporation sole, loan payments by schools and parishes. Letters between priests and chancery , bishops and banks, bishops and priests, as well as war claims docs.

(Interestingly enough a letter from LL Guerrero pledging $100k to Apuron for the construction of a gymnasium at our Lady of Guam Academy)

Documents for post war reconstruction. Lack of signatures for certain documents, because they were carbon copies and not the signed originals. 

All along, there were objections and ruling to overrule or not. Basically the defense team, brought in , in a period of about 4 hours all their documentation, just as the plaintiffs did over the last 6 days.

After this was wrapped up, and as the lawyers and the judge herself were starting to show sign of exhaustion, the last witness was called.

During most of the hearings the Zoom attendance fluctuated between 60 and 90 people. Survivors, clergy, religious, and laity.

Mr Ismael Perez Principal of Father Duenas Memorial School.

Credentials and identity were established and accepted, back ground was reviewed, and going over the document presented by Mr Perez, as being from personal knowledge.

The judge again made the lawyers aware that she knew the witness, because of her children's history at father Duenas. No objections from both sides. 

Testimony covered day to day operation, and the building of the school following a gift of land.

It was established that the gift of land was subjected to restrictions tied to the construction of a school only. Objection on hearsay was overruled based on fact that the granter was a family member of Mr Perez who had direct knowledge of said gift.

There was a last cultural misunderstanding based on Family/Clan names, which was strangely enough settled by the judge, who gave the cultural background to the plaintiffs lawyers, who in turn  lifted their objection. No cross examination. 

Proceedings ended at 5.00pm 

Closing arguments to be presented on Saturday February 26 at 1.00pm

DAY 6 OF DEPOSITIONS OF BANKRUPTCY TRIAL, MORNING PERIOD

 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  

ANALYSIS AND QUESTIONS , FOLLOWING A WEEK OF TESTIMONIES AT BANKRUPTCY TRIAL

 Posted by frenchie.

Preamble

The Cathedral Basilica of Agana, was rebuild after two destruction in a row, caused first by the Japanese invasion and subsequent fighting to regain control from them, the other from natural disaster which befall our beautiful island from time to time.

On both occasions the people of Guam, and the strong Catholic community which has been the backbone of its civil society, found the courage and determination to rebuild bigger and better.

The latest major catastrophic event to strike the Guam Catholic Community was the decades of corrupt and devious leadership of Anthony Apuron, which led waste to the moral fiber of our Church, and allowed for the development and expansion of weak and corrupt civil leaders, who unlike their forefathers have lost almost all moral bearings in how they handle themselves and the trust of people who put them in office. This is what  some have called, a perfect storm.

This is nothing new. World History is replete with examples of decadent moral teachers who have led their community down the path of personal weakness, questioning of their system of values, loss of self-respect, and contempt for the other....

The latest plandemic was the revelation of the many evils that have slowly percolated through our civil system of responsibility or lack thereof. It has revealed how a few manipulative actors, used fear and lies to advance their narrow agenda at the expense of the general good. This should not surprise us Catholics. We have been warned from times immemorial about the fractures that allow for the fumes of evil to envelop us. We are at this cross in the road, where inaction and personal timidity could lead us to very dire consequences. 

After almost a week of testimonies in the Federal Court in Agana, we would like to decrypt what has transpired from these hearings. We shall also pose several uncomfortable questions about the path chosen by the Chancery representatives.

Analysis

Over the last week, which you can follow with our day to day reports, several major facts have been revealed.

First : the previous ruling that was taken in the summer of 2021, by Judge Tydingco-Gatewood, allowed the plaintiffs aka the Committee for the Creditors, to include parishes and school assets in their quest for a financial settlement.

The hearings are taking place to identify the validity of some of the statements that were brought forth by the defense team for the Archdiocese.

What we have observed is the slow, grinding painful teeth of questioning of the people who filed written declarations in favor of their parish and/or school.

Before the trial the main hammer for the creditors, lawyers from the large legal firm of Stinson LLP based in Minneapolis MN had successfully argued that elements of the Canon Law of the Catholic Church were not allowed to be presented.

The main strategy of these lawyers is to question each individual, in order to strike out  all or part of their declarations. In order to achieve said results they have a very boring, and crude, but highly efficient method.

Establish the credential of the interviewee, establish that they are the author of the statement, try to take out part of their testimony as hearsay, for not being first hand personal knowledge. Finally trying to impeach the whole statement based on the testimony given

The defense strategy is to apparently redirect the conversation to the original narrative, and try to weasel in some factors they were not able to include earlier .

The plaintiffs' attorneys have been very aggressive and contentious, as they should be. Objecting to many of the questions by the defense. The result being that even if they end up being overruled by the Judge, it gives an impression that the defendants are trying to hide facts.

Overall results so far:

We are coming into the last day of testimony, before both parties are allowed to present their closing arguments to the Judge, apparently on Monday morning at 9.00am.

The testimonies so far have been laborious. Some witnesses have been better at presenting their story than others. This is not surprising, if you consider the diversity of people called.

The attorneys for the "creditors" have been diligent, aggressive and for the most part successful in their endeavor. They have avoided some of the cultural mistakes from the first day of testimony, and have navigated around these obstacles quite well.

The attorneys for the defense, looked like deer in the headlights on the first day. They were fully unprepared for the first cross examination. This was addressed the following days. Mr Andersen doing a very effective cross examination with the Archdiocese CFO Josephine Villanueva (who had several flippant moment) Yet they were totally passive regarding the repeated infringements of the plaintiffs' attorney into the Canon law domain, never calling an objection to the scandalous use by both attorneys of liturgical approach into a civil matter. An issue that they had the judge ruled on their favor.

The attorneys for the creditors consistently using the phrase "one body" which is of the canonical domain, as a civil argument. This should have been raised as an issue from the get go, and it was not at any time in the process. How can we justify paying six lawyers to be so passive in court?

Today the last witnesses shall be called, to include Archbishop Byrnes, who still appear to be very tired  and distracted.

 

Overall things are not looking up for the defense, their lackluster performance, their choice of strategy have given the plaintiffs a strong opportunity to add properties that were in existence well before the Archdiocese incorporated itself in the mid 1970s. Yet they also never made that argument to the court.

It really does not look like the millions of dollars spent to defend the Archdiocese from excessive demands have not been money well spent.

DAY 5 OF THE PROCEEDINGS , THURSDAY FEBRUARY 24 2022

 Posted by frenchie    

 

 

All lawyers and witnesses appear to be present, several people in the public bench area.

Right now we are waiting for Judge Tydingco-Gatewood

If everything goes as planned we should continue with the witnessing by Mr Aguon from Mangilao's Santa Teresita parish, by attorney Glasovich representing the plaintiffs.

 Mr Glasovich is the co-counsel, and work for the Law firm of Stinson LLP, 

Stinson LLP is a very large Law firm with offices is several cities in the USA lower 48 States.

David Lujan is seating with the plaintiff's lawyers, as the local Bar Lawyer.

When the Judge arrived, and after the usual practices of making official who is here, the lawyers engaged the Judge about scheduling issues.

Housekeeping issues regarding properties, that need to be removed and others that needed to be added. 

There was a short give and take, between all parties before the examination resumed 

 

 Mr Aguon not being a yes or no type of person, his testimony has a tendency to flow like an endless river. Lots of details and introspective, which has a tendency to break the tempo of the questioning.

At times, Mr Glasovich appear to struggle keeping a poker face, and look at a loss on how to curtail the length of the answers.

While the situation was serious, it brought a certain sense of lightness to the proceeding.

Is it a blessing or a scourge? Time shall tell.

My take was that the deep humanity and concern shown by Mr Aguon, most likely gave a different depth to the cold, machine like, robotic quality of the questioning until now. The word coming to mind is genuineness . It was a welcome break from the deliberate, planned approach of the lawyers.

Cross examination by Mrs Diaz for the defense.

 She faces the same challenges that Mr Glasovich with this witness, due to the long, unsolicited, and at  times rambling answers. Yet she was able to slowly channel this, by asking pointed and simple questions. It was interesting that the plaintiffs did not object during this testimony, which was unusual, but probably wise, in view of the unconventional and unpredictable nature of the answers of Mr Aguon

Mr Aguon testified that the parish had a tough time keeping up with the assessment, (because of the Pandemic) but that they were trying their best to catch up. All the while he testified that they were able to be financially independent.

Zoom attendance started with a dozen of people at the beginning, quickly increasing to over 40 and reaching 55 at 9.00am

 Mrs Diaz reviewed several more documents with the witness.

When time came for recess, Mr Glasovich raised a few issues, that will be taken upon return. 

It seems that there was a short cross . Unfortunately, I cannot provide you with the details due to Docomo substandard services. 

Will head to the Court for later session 

Next witness is Mr Fernandez, questionning by Mr Caldie.

Parish of our Lady of Guadalupe.

Missed this deposition completely due to Docomo blackout in our whole neighborhood.

Arrived at the Federal Court on time for the afternoon session. Witnesses are here, but the lawyers for both sides are in and out, apparently negotiating some minute details. Some members of the Clergy are here as well.

Attendance on Zoom seems to be as heavy as the previous day and the morning.

On the plaintiffs side Mr  Leo Tudela is sitting behind the lawyers for the creditors.

The committee for the creditors are as follow.

1 Bank of Guam . Danilo Rapadas

2 Everett Torregrossa. Berman O'Connor & Mann

3 Norman Aguon . Lujan and Wolff

4 Felix Manglona Lujan and Wolff

5 William Payne Jr. Lujan and Wolff

6 Roland Sondia. Lujan and Wolff

7 Leo Tudela. Lujan and Wolff

 

 

 

It would seem that the Lujan office has been the one recruiting the Minnesota Big Guns.

After another 20 minutes the lawyers are back at their respective tables, and Judge Tydingco-Gatewood has arrived. Before we can proceed with the following set of questions, the plaintiffs  bring up several "housekeeping" issues to the Judge, and a conversation between all the parties starts.

After another 5 minutes delay, the next witness is called.

Mr Vicente Mesa from the Astumbo Chapel. Mr Mesa was also the finance committee chair at Santa Barbara Parish, until 2021

Mr Caldie is doing the questioning once more. Mr Mesa insisted on keeping his face mask (double face mask) for safety reason. We learned later that his spouse is recovering from a serious health challenge, therefore he did not wish to take any risk)

Mr Mesa is apparently one of the original members of the "Astumbo Catholic Family Mission"

He is also the person that gave the land for the construction of the Chapel, which makes him a unique  witness, as he recalls the different restrictions, intentions and details.

The name of the Chapel being the Divine Mercy Chapel.

Mr Caldie then engage in his now well drawn series of questions , to find out if Mr Mesa recognize certain documents......He does not and requires to see the hard copy in its entirety to " know what I am talking about before I answer".

The operation is repeated several times, with different documents put in as exhibits.

It is at times difficult to understand Mr Mesa because he is wearing double masks. Therefore the questions have to often be repeated, making the process fairly slow.

The documents examination having concluded, Mr Caldie continue the examination after the short recess, and went over his song and dance routine regarding. the work of the Church, is the Catholic Church on Guam one Body? How does the Church help people?

Mr Mesa testified that the Church helped him, his family and friends get closer to God. Many parishes might look different, or even speak another language, but we are all one body all over the world and here on Guam of course. Everyone is welcome in our parish, even non Catholics.

Asked if the Archbishop owed him money or land, he said no. Mr Caldie joked that in his case that might not be true since he gave the land to build the Chapel. Mr Mesa answered that the Archbishop would owe the land to the building contractor, who was given the land as a guarantee for the construction of the building. 

Would you remain a Catholic, if the Archbishop closed your parish? 

"I am a Catholic forever" 

was the answer of Mr Mesa to the next four similar questions.

"Helping people is the Christian thing to do" 

 

Mr Camacho did the cross examination for the defense.

they went over Mr Mesa's background, knowledge of the local culture, opposing lawyer Mr Glasovich objected to several lines of questions about Santa Barbara supervision of the Chapel, with a series of tasty exchange under the eye of a tempering Judge who overruled the objections. 

Mr Camacho went over the different phases of constructions, their cost, and timing.

There were five phases 

Questions and answers on how they reached their financial goals.

On redirect by the plaintiffs, they went over more donations and restrictions of said donations.

Mr Mesa was excused and left. While we waited for the next witness. The lawyers ironed out some issues regarding the following testimonies, their timing and when they expected to have their closing arguments.

Apparently everyone agreed that closing argument would most likely take place on Monday after the court restart at 9.00am

The following witness was Mrs Kasperbauer, who had to be helped walking to the witness stand, and who also was assisted by a Chamorro court official translator. 

The questions again would be done by Mr Caldie, the lead lawyer for the plaintiffs. Following the first question: Are you from Guam? Mrs Kasperbauer went into her whole life story, which Mr Caldie did not try to stop. Probably a wise move.

The following questions were about Mrs Kasperbauer  participation in the creation of Astumbo's Chapel, the length of time, when was she involved, did she give money, land, and so on.

Mrs Kasperbauer continued with her testimony with a strong voice and clear mind.

Then followed the questions about culture and traditions. In answer Mrs Kasperbauer gave us all a lesson on history and culture of Guam.

At one time Mr Caldie attempted to be cute by making a remark about Guam being a matriarcal society. Again we were given a masterly historical dissertation on the reasons while this happened and how.

A few more questions were fielded before a short cross and the end of the day , at least in the court. 

 

DAY 4 OF THE PROCEEDINGS WEDNESDAY 23RD FREBRUARY

 Posted by frenchie

Sister Angela continues where we had left yesterday.

Stipulations were made by both side, as to some documents being accepted as evidence, or as being hearsay.

Mr Caldie asked a few questions, before asking part of the sentence being stricken down. 

 

Fast cross and redirect.

Lots of housekeeping, issues about some of the details, basically trying to understand the origin of the recollection of the witness.

Meanwhile on Zoom the crowd look like they are finishing their lunch and slowly joining in, attendance quickly climbing over 40pp.

Mr Coldie is trying to accelerate the stricking or not of some of the statement of Sister Angela.

On cross by Mrs Diaz, there was the continued ballet of objections followed by different ruling from the judge. 

One main bone of contention was the gift of land by sister Angela's parents to Our Lady of Lourdes in Yigo.

After a protracted back and forth the judge overruled the objection of Mr Glasovich.

Attendance on Zoom is now over 50 persons. Again with a mix of laity, priests, religious and some survivors.

Mr Caldie took over the redirect of questions, and started with support of HR from the Archdiocese., and check writing, which sister Angela said was her own responsibility.

There were several arguments about housekeeping issues to admit or strike some parts of the statement of Sr Angela, before moving back to more mundane issues, like how do you help people in your community. Answer: we help the homeless, Students in need, ministerial instruments.

Then Mr Caldie went back to his preferred subject, are you one body with the Archdiocese.

Answer we are One Mystical Body. The Mystical Body is the whole Church of God.

Question who is in that Church of God? Just Catholic? Answer All the Children of God

Then Mr Caldie decided he did not need any more questions.

The next witness is Sr Maria Rosario Gaite, principal of the Santa Barbara School.

Mr Caldie started with the review of Sr Maria Rosario written declaration.

Trying to establish first hand knowledge, vs History of the School 

Sr Maria testified that the historical knowledge was based on  documents from the 50s, handbook, website and accreditation

The defense through Mrs Diaz  was able to have several of the paragraphs stricken by the plaintiffs to be put back as evidence. There was then a long back and forth regarding some article of the declaration.

After his usual tactic of trying to remove as many of the evidence brought in declarations, as hearsay, he proceeded to more specifics about finances, gifts and independence vs dependence from the Chancery.

A particularly strong point of contention was the gift by the Israel family of a computer science class, which Mr Caldie was very aggressive about.

Fund raising and donations were then approached, which Sr Maria Rosario said were  mostly the fact of the parent/teacher association

It was then established that the Archbishop does not support the school financially. Rather the School support the Archdiocese through assessments.

We then went through the painful line of questioning about belonging to a parish, donations and remaining or not a Catholic should the Archbishop close your parish. All this to a religious sister who took a vow of poverty.  Classy!!!

A short cross after the recess was not followed by a redirect.

 

 

The next witness called was Mr Aguon. Celestino Flores Aguon.

from Santa Teresita Church in Mangilao

Most of the questioning was about establishing the ownership of the different lots that comprise the Parish property.

Mr Aguon asserted that the parish owned the land, based on a land management document.

As he was  present before and during the construction of the new building , Mr Aguon  continued to disagree with Mr Glasovich who was trying to establish that Mr Aguon was wrong. Mr Aguon gave context to the process and acquiring  the land before construction.

The land itself was acquired from a gift by the Pangelinan family. Yet Mr Aguon did not see the name Santa Teresita on the deed,

Moving on to the financial account of the parish.

The witness and the lawyer went over the different bank accounts.

Attendance on Zoom remained strong around 50 people. 

Recess until tomorrow morning.

AFTERNOON OF THE 3RD DAY OF TRIAL, FEBRUARY 22ND

 Posted by frenchie

Josephine Villanueva

CFO Agana Archdiocese

Was one of two witnesses to be heard that afternoon.

Following his now well oiled set of questionnaire, Mr Caldie the lead counsel for the "Creditors", helped by his eager , yet much less pleasant assistant Mr  Drew Glasovich, established the identity and responsibilities of Mrs Villanueva, by drumming in his boring but efficient sets of documents, which are then accepted as exhibits.

Mrs Villanueva was presented a series of documents, letters and memorandum, about Our Lady of the blessed Sacrament bank accounts and a couple of condos in Taigaitai (Phillipines) which were not in the original schedule of bankruptcy, or even in the first amended schedule, but were presented at a later date. 

It appear that Mr Glasovich was inferring a dishonest filing by the Chancery, asking on several occasion if there were other "hidden" asset. To which Mrs Villanueva  answered : "not to my knowledge"

This showed us that the lawyers for the creditors have a very superficial understanding of the damage the AAA administration (specially under Vicar General Adrian Cristobal) had actually done, and how they hid many things from the public at large, but also from the Clergy, religious, and councils supposed to oversee these matter.

Mr Glasovich continued by revisiting some testimonies already approached during the examination of Fr Gofigan. Then the conversation moved to overseeing parishes bank accounts and schools.

There were more identifications of documents to be filed as exhibits, followed by questions  regarding a uniform accounting system, human resources, Payroll, and financial reporting to the Nuncio.

Both the Judge and Mr Glasovich did not have a clue of who and what the office of Nuncio is, and when they questionned Mrs Villanueva she gave a very uneducated and innacurate answer. Mr Glasovich understanding rapidly that he might have opened a door on Canon Law, quickly brushed over the issue.

At this time there were over 50 people who had joined the hearing on Zoom, including many clergy, religious and survivors. 

Despite his monotone and at times soporiphic delivery Mr Glasovich   was able to hammer away at the notion that the system put in place by Mrs Villanueva and Archbishop Byrnes was in fact a detailed control of both the schools and the parishes. A very ironic situation brought on by the bankruptcy filing which is putting the Chancery in a situation of damm if you do, damm if you don't.

The relentless questions about collections, parish membership, visiting other parishes, attendance, demonstrated a deep lack of knowledge about Catholic faith and practices, yet they also establish their notion that the Archdiocese is one.

Of course this notion of one, which is a spiritual, even esoteric notion, is totally perverted by the plaintiffs representatives for civil  reasons.

Despite the plaintiffs lawyers being adamant about not dwelling in Canon Law, they continuously venture in that domain, without any challenge from the defense.

Cross examination was done by Mr Bruce Anderson, who deflected most of the objections from the plaintiffs. The exchanges were at time very tasty and you could really sense the irritation in the voice of Mr Caldie, when the judge overruled his objections repeatedly.  

Mr Anderson was very efficient in his cross, establishing that there was no take over of the Basilica administration by the Chancery, that the Archbishop does not manage the parishes and/or the Schools

Mr Anderson also covered very effectively the issues of Donations, pledges and 2nd collections.

The redirect by the plaintiffs was done after another recess.

We experienced more tech issues in the afternoon which led to delays and frustrations.

The last witness for the afternoon was Sister Angela Perez of Our Lady of Guam Academy

Again the same set of questions were asked to Sister Angela, regarding administration, documents, bank accounts and hierarchy.

The examination then moved on to the inane questions about parish she attend, if she gives to collections, until Sr Angela told Mr Caldie that as a religious who give their lives to God often with no compensation, they were not in the habit of giving to collection. At that time it seems to down on Mr Caldie that this line of robotic questions was not applicable, and after trying two more times to redirect these questions he stopped by saying " this is not applicable sorry".

A short cross by Mrs Diaz, followed by a very short redirect ended the day, with both parties being far apart as the acceptability of some of the written deposition of Sister Angela.

Judge ruled to clarify on Wednesday