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Apuron's Attorney Files Motion to Dismiss

By Krystal Paco
KUAM
April 5, 2017

http://www.kuam.com/story/35072208/2017/04/05/apurons-attorney-files-motion-to-dismiss



It’s the first time we’ve heard a response to the child sex abuse lawsuits filed against Archbishop Anthony Apuron. His attorney, Jacqueline Terlaje has filed motions to dismiss the cases filed by Roland Sondia, Roy Quintanilla, Walter Denton, and Mary Jane Quinata Cruz (filed on behalf of deceased Joseph “Sonny” Quinata).

The victims allege they were sexually abused by Apuron when he was a priest at Mt. Carmel Church in Agat several decades ago. According to the motions to dismiss Apuron’s attorney argues that the local law that lifted the statute of limitations for child sex abuse cases is “inorganic”. Bill 326 was passed by the 32nd Guam legislature and was signed into law by Governor Eddie Baza Calvo.

“A blanket retrospective removal of all statutes of limitations is unconstitutional and inorganic,” court documents state.

Attorney Terlaje also argues that the public law infringes on Apuron’s vested rights and due process guarantees afforded by the Organic Act. The public law she argues was passed and enacted 30years after the statute of limitations expired as a result Apuron suffers significant special hardships and oppressive acts in his defense such as: he has no benefit of witnesses who were present during the alleged time frame of sexual assault, but are either now deceased or may be deemed incompetent due to advanced age, Apuron does not have the benefit of records dating back to the alleged allegations, that he does not have the benefit of memory to recall potential witnesses, specific facts, and physical evidence from 40 years ago.

 

 

 

 

 




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