Judge gives archdiocese time to reply in abuse cases

By Haidee V Eugenio
Pacific Daily News
February 13, 2017

http://www.guampdn.com/story/news/2017/02/13/judge-gives-archdiocese-time-reply-abuse-cases/97734256/

Sen. Frank Blas Jr., center, speaks after receiving a petition with over 3,000 signatures from Silent No More campaign founder, Joe Santos, during a brief ceremony at the Guam Legislature in Hagåtña on Sept. 8, 2016. The signatures were gathered in an effort to raise awareness in the removal of the statute of limitations on civil suits regarding sexual abuse of children. Blas introduced Bill 326 to address the issue through the legislative body. The bill was signed into law by Gov. Eddie Calvo on Sept. 23.

Joaquin V.E. Manibusan Jr., federal magistrate judge of the U.S. District Court of Guam, speaks during the Ceremonial Swearing-In of the Honorable Madeleine Z. Bordallo Guam Delegate to the U.S. Congress at the Latte of Freedom - Hall of Governors in Adelup on Jan. 23, 2017. Photo by Frank San Nicolas

U.S. District Court of Guam Magistrate Judge Joaquin Manibusan on Friday granted a request by the Archdiocese of Agana for more time, or up to March 10, 2017, to respond to the 16 clergy abuse cases filed in federal court.

Gov. Eddie B. Calvo on Sept. 23, 2016, signed a bill into law, eliminating the statute of limitations on lawsuits against those who accused of abusing children, as well as the institutions that supported them.

That law paved the way for 16 former altar boys to sue the church and priests over alleged clergy sexual abuse from decades ago. Each lawsuit demands a jury trial and a minimum of $5 million in damages, for a combined total of $80 million, plus attorney’s fees and other costs.

The lawsuits originally were filed in the Superior Court of Guam, but were refiled in federal court after most Superior Court judges recused themselves, citing conflicts of interest.

Manibusan said the archdiocese may stagger its motion briefing into two rounds to potentially reduce costs and promote judicial efficiency and economy.

Manibusan said he first will address any arguments that challenge the validity of the law that lifted the statute of limitations for cases related to child sex abuse. The archdiocese has until March 10 to file motions related to that issue.

Should the court deny that motion to dismiss, the archdiocese will file a motion that addresses deficiencies in the lawsuits, Manibusan's order states.

Attorneys for the plaintiffs and the archdiocese will also work cooperatively to schedule the deposition of defendant and former island priest Louis Brouillard, at the earliest possible date convenient for the parties and counsel.

Brouillard, 95, who now lives in Minnesota, publicly admitted to sexually abusing at least 20 boys when he was on Guam, his home from the late 1940s to 1981.

Attorney David Lujan, of the law firm Lujan and Wolff, represents 16 former altar boys in separate clergy abuse cases naming as defendants some Catholic priests including Brouillard and Archbishop Anthony S. Apuron, the Archdiocese of Agana, and up to 50 other entities, including the Vatican, who may have helped, abetted, concealed or covered up the clergy abuses. Apuron is also undergoing a canonical trial and Vatican investigators will be on Guam as part of that trial.

The Archdiocese of Agana is represented by the law office of John C. Terlaje, which has brought on four lawyers from two California-based law firms as co-counsels for the archdiocese in the clergy abuse lawsuits filed in federal court.

On Friday, Manibusan granted remaining petitions filed by these California attorneys to act as co-counsel for the archdiocese.