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  Motion for Sanctions Stricken

By Kelley Casino
Kane County Chronicle [St. Charles IL]
March 2, 2007

http://www.kcchronicle.com/articles/2007/03/02/news/local/doc45e801f74d7a0983815485.txt

A judge apologized Thursday to St. Peter Monsignor Joseph Jarmoluk for being identified in court as a witness in the sex-abuse lawsuits against the Rockford Diocese and former priest Mark Campobello.

However, Circuit Judge Keith Brown again refused to cancel or delay Jarmoluk's scheduled deposition, and also is limiting potential arguments on claims that a 2005 protective order was violated by Michael Brooks, the attorney for Campobello's victims.

Through his attorney, Canice Timothy Rice, Jarmoluk contends that Brooks violated the court order that barred release of sensitive information, including witness names. The alleged violations occurred during a December 2006 hearing, in comments that Brooks made after that court appearance, and after a January hearing.

A March 20 hearing is scheduled for Brown to hear evidence relating to Rice's claims that Brooks has provided case-sensitive information to others.

On Thursday, Brown denied Rice's motion for a second hearing to discuss comments that Brooks made to reporters in January. The judge said Jarmoluk's name already was in circulation and that lawyers were permitted to speak to the news media.

Immediately after the hearing, about 15 Jarmoluk supporters gathered for a news conference at a Geneva restaurant to rally for the leader of St. Peter Church in Geneva.

"Monsignor Jarmoluk is the shepherd of our local flock and our spiritual father," parishioner Ray Benedetto said. "Lies and innuendo have been spread about him for the past four years plus, and we are here to proclaim our support and love for [him], our faith, and our parish, as well as our belief in his integrity."

Jarmoluk was appointed pastor in 1997 and became monsignor at St. Peter Church in Geneva in 2000.

Campobello now is serving an eight-year prison sentence. He pleaded guilty in 2004 to sexually abusing two women in 1999 at St. Peter and Aurora Central Catholic High School. He is eligible for parole in February 2008. The women – now in their early 20s – have sued Campobello, Doran and the Rockford Diocese.

Rice's most recent motion for a hearing – which Brown called a "fishing expedition" – responded to Brooks' claims that he did not violate the protective order. It included one question, among others, that asked "... if the Court failed to stop Brooks or failed to take some steps to undo the damage he had done, was it due to a lack of impartiality regarding the litigants, witnesses or issues in this case?"

The questions angered Brown, who said he was offended that Rice's motion insinuated that he was biased and had out-of-court discussions with parties involved with the case. He suggested that if Rice wanted Brown to recuse himself, he should file a motion asking for such.

"I've been on the bench for 15 years; ... I don't look at this courtroom as a game, and I am not a pawn," Brown said. "If you want to file a motion to disqualify this court then go file a motion; ... I am only interested in justice."

Rice denied that that was not the intent of his questioning and said he wanted only to protect his client's privacy and uphold the protective order set by the court in 2005.

Contact: kcasino@kcchronicle.com

 
 

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