US court jurisdiction in Apuron, Anderson cases raised

By Haidee V Eugenio
Pacific Daily News
May 2, 2017

http://www.guampdn.com/story/news/2017/05/02/us-court-jurisdiction-apuron-anderson-cases-raised/101188470/

U.S. Magistrate Judge Joaquin V.E. Manibusan Jr.

Attorney Jacqueline Terlaje, counsel for Archbishop Anthony S. Apuron, says her client maintains his innocence, after a Tuesday morning scheduling conference in the U.S. District Court of Guam, related to clergy sex abuse cases. Photo by Haidee V Eugenio

U.S. District Court Magistrate Judge Joaquin V.E. Manibusan Jr. on Tuesday raised concerns anew on whether the federal court has jurisdiction over another batch of clergy sex abuse cases.

The cases include those filed against former Rev. David Anderson and Archbishop Anthony S. Apuron, both accused of raping and sexually abusing former altar boys.

Attorney David Lujan, counsel for former altar boys accusing Apuron and Anderson, asked for, and was granted, unt9l to June 2 to file a position paper proving court jurisdiction.

During Tuesday's scheduling conference, Manibusan cited the case filed by the estate of the now-deceased former altar boy Joseph "Sonny" Quinata, who died in Hawaii, in 2005. The judge also sought stipulation as to where the other plaintiffs live.

The judge also asked whether Apuron is a citizen of California or Guam. Lujan's law firm tracked down Apuron in California. Pope Francis suspended Apuron on June 6, and Apuron hasn't been seen on Guam since late May 2016.

Lujan told reporters that in some cases in which he wouldn’t be able to prove jurisdiction, he will move the cases to the Superior Court of Guam.

From about Jan. 24 to May 1, Lujan’s clients filed a total of 45 clergy sex abuse cases in the U.S. District Court of Guam. Of this number, the initial 15 were filed in the Superior Court of Guam, then moved to federal court when local judges recused themselves from hearing the cases because of impartiality concerns.

Attorney Jacqueline Terlaje, counsel for Apuron, objected to the June 2 filing to address deficiencies, asking Manibusan to dismiss the cases for lack of jurisdiction.

Terlaje offered no comment on questions about Apuron’s whereabouts, but said the archbishop is innocent.

“Absolutely, he maintains his innocence,” Terlaje said.

Apuron is accused of raping and/or sexually abusing four altar boys in Agat in the 1970s. He's undergoing a Vatican canonical penal trial.

Attorney Wayson Wong, representing accused priest Anderson, declined to comment.

Manibusan, during a scheduling conference for the first six cases, raised concerns about whether the court had jurisdiction. In those cases, Manibusan ordered the plaintiffs’ counsel to file a position paper in all related cases. Manibusan also ordered that briefings on the pending motions be stayed until the court resolved jurisdiction concerns.

Lujan said Tuesday he'll be filing more clergy sex abuse lawsuits this week. He also said he'd be able to prove jurisdiction in most of the cases.

The Archdiocese of Agana faces 58 clergy sex abuse cases filed thus far in both local and federal courts.