Lujan: Holy See could be named defendant in Guam clergy sex abuse cases

By Haidee V Eugenio
Pacific Daily News
June 4, 2017

http://www.guampdn.com/story/news/2017/06/04/lujan-holy-see-could-named-defendant-clergy-sex-abuse-cases/368794001/

The Guam flag waves in the tropical breeze with the Dulce Nombre de Maria Cathedral Basilica steeple set in the background on May 23, 2017. Photo by Rick Cruz

The Holy See or the Roman Catholic Church could be named defendant in dozens of Guam clergy sex abuse lawsuits if the Archdiocese of Agana continues its objections to federal court jurisdiction on these matters, attorney David Lujan said.
 
Lujan said the Holy See’s degree of control and influence over the Archdiocese of Agana exceeds that of a parent corporation.
 
“Plaintiffs maintain that defendants’ continued objections to federal subject matter jurisdiction will unnecessarily expand and complicate this litigation,” Lujan said in a filing submitted by the June 2 deadline to prove federal court diversity jurisdiction over clergy sex abuse cases.
 
Lujan represents 44 plaintiffs who are now asking the U.S. District Court of Guam to conduct a hearing with oral argument to address jurisdiction matters.
 
“In view of the unique relationship between the Holy See and defendant Archdiocese, plaintiffs recommend that the parties stipulate to federal jurisdiction to avoid unnecessary proceedings aimed at establishing the true nature of the relationship between them,” Lujan said.
 
 
In its April 15 disclosure, the Archdiocese of Agana said it has no parent corporation and no publicly traded corporation currently owns 10 percent or more of its stock. 
 
Lujan said the archdiocese’s statement is misleading and is inconsistent with public records pertaining to the inextricably intertwined relationship between the Archdiocese and the Vatican, “which also provides ample grounds on which to find diversity jurisdiction in all of the pending cases for the 44 plaintiffs listed above.”

U.S. District Court Magistrate Judge Joaquin V.E. Manibusan Jr. raised concerns on whether the federal court has jurisdiction over clergy sex abuse cases filed by Lujan’s clients.
 
The plaintiffs, according to Lujan, request the court to defer ruling on the diversity jurisdiction issue and issue an order authorizing the plaintiffs to conduct discovery proceedings.

The attorney said at the hearing on the motion, plaintiffs will be prepared to discuss the specific type of discovery requested.

He said these include depositions, document requests from the archdiocese and letters to be submitted to the Holy See.
 
Lujan said while the Archbishop of Agana is formally designated as a corporation sole, which may imply independence, it is in fact clearly subordinate to the Holy See and under its ultimate authority as the ecclesiastical, governmental and administrative capital of the Roman Catholic Church.
 
Within the context of the sex abuse litigation pending before the federal court, Lujan said the authority and control exercised by the Holy See over the archdiocese is best exemplified by the Holy See’s decisive intervention in June 2016 in replacing Archbishop Anthony Apuron with Archbishop Savio Hon Tai Fai and the subsequent appointment in October 2016 of Archbishop Michael Jude Byrnes.
 

Pope Francis suspended Apuron on June 6, 2016, days after former altar boys publicly accused Apuron of raping or sexually abusing them in the 1970s.

 Meanwhile, Archbishop Byrnes on Sunday afternoon issued a new statement acknowledging the six latest persons to file allegations of sexual abuse by clergy and others. He offered prayers to the plaintiffs and their families, and asked the faithful to also pray for all victims of abuse.
 
Byrnes was referring to the lawsuits filed by plaintiffs with initials A.J.R., E.T., S.M.T., E.V., S.D.E. and R.Q. 
 
Plaintiff A.J.R. accused the late Archbishop Felixberto C. Flores of sexual abuse. Flores is the third bishop from the Marianas to be named in clergy sex abuse lawsuits.
 
“We are heartbroken that the allegations now include the late Archbishop Flores. His standing and leadership as the first Chamorro bishop of our island and the love many people have for him is well known. Nevertheless, I want to ensure everyone that the Archdiocese takes all allegations of abuse very seriously. Child abuse is devastating no matter the time, setting or individuals involved,” Byrnes wrote.