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  Judge to Decide Scope of Fushek Trial

By Lawn Griffiths
East Valley Tribune

December 13, 2008

http://www.eastvalleytribune.com/story/132398

A Maricopa County Superior Court judge must decide whether Monsignor Dale Fushek could get a fair trial if all five of his alleged victims were allowed to lay out their complaints of sexual misconduct in one trial in front of a single jury.

But Fushek's attorney, Thomas Hoidal, said jurors could not competently keep each man's accounts of abuse separate, so one of them could prejudice others in the same trial.

On Friday, Judge Joseph Kreamer heard arguments in an appeal by prosecutors who object to a Sept. 16 ruling by San Tan Justice of the Peace Sam Goodman that allows for five separate trials for the former priest of St. Timothy's Catholic Community in Mesa. Those trials would proceed, one after another, beginning with the oldest alleged instances of sexual misconduct. Two of the five men are bringing two counts each against Fushek.

 
 

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