Apuron Not Considering Settling Lawsuits till Canonical Trial Is over

By Haidee V Eugenio
Pacific News Center
June 12, 2017

http://www.guampdn.com/story/news/2017/06/13/apuron-wont-consider-settling-lawsuits-till-canonical-trial-over/391175001/

Archbishop Anthony S. Apuron isn't considering settling sex abuse lawsuits against him while his canonical trial is ongoing.

"I am not considering, my client is not considering settling any cases until such time as a canonical trial is complete," Apuron's attorney Jacqueline Terlaje said after a status conference at the District Court of Guam Tuesday morning.

The Vatican's canonical trial may be coming to a conclusion, she said.

During the conference, federal magistrate Judge Joaquin Manibusan asked Terlaje whether her client will participate in the alternative dispute resolution process the plaintiffs' attorney, David Lujan, is working out with other defendants, such as the Archdiocese of Agana.

Terlaje told the judge the outcome of the canonical trial would impact the direction of the civil cases.

Manibusan said he's inclined to give more time to Terlaje's client to decide whether to participate in the settlement process, pending the canonical trial.

Apuron, suspended as the head of Archdiocese of Agana by Pope Francis on June 6, 2016, is undergoing a canonical penal trial over multiple allegations of raping or sexually abusing altar boys, in Agat, in the 1970s.

Former altar boys and the mother of a deceased altar boy who testified in the canonical trial said the Vatican tribunal told them the trial could wrap up by early summer.

"I've received word that there may be a decision forthcoming, but it's always prospective, especially when it comes from a sovereign nation like Vatican," Terlaje said. She said Apuron maintains his innocence.

Money damages

Lujan, counsel for all Guam clergy sex abuse cases filed in federal court, said he doesn't think the outcome of Apuron's canonical trial will have an impact on the alternative dispute resolution process.

Archbishop Anthony Apuron (Photo: PDN file)

Lujan (Photo: PDN file photo)

"I've never cared for that canonical thing because my role, you know, is to sue for money damages and so do I care that he's the archbishop or a defrocked one? It doesn't mean anything you know as far as the (alternative dispute resolution process) is concerned, OK?" he said.

The groups Concerned Catholics of Guam and Laity Forward Movement have said they hope the Vatican will defrock or laicize Apuron because he is no longer fit to lead the Catholic church on Guam.

Settlement talks

Lujan announced plans last Thursday to settle some lawsuits out of court.

On Tuesday, Lujan told the judge there are still issues that need to be ironed out before he and Hope and Healing Guam Executive Director Michael Caspino complete a settlement agreement.

(Story continues below video.)

Lujan said he's still waiting for the Archdiocese of Agana's audited financial statement from 2010 to present, and insurance policy documents, among other things.

Hope and Healing is independent of, but is funded by, the archdiocese, with $1 million in seed money. The archdiocese said it's in the process of selling non-church and non-school assets, and is tapping insurance money to grow the Hope and Healing fund.

Hope and Healing seeks to resolve clergy sex abuse cases by offering professional counseling, treatment, spiritual healing and compensation to survivors.

Lujan said once documents are provided to him by Hope and Healing, he will be able to file with the court his motion to stay and proceed with the out-of-court settlement process.

The judge set another status conference for 10 a.m. July 6 on cases involving Apuron and former Guam priest David Anderson, who's represented by attorney Wayson Wong. Wong participated in Tuesday's hearing via phone.

The judge ordered Lujan to provide a copy of his diversity jurisdiction filing to Apuron's attorney by Thursday.

Participants

Lujan told the court he's still confirming defendants who will participate in the alternative dispute resolution process besides the Archdiocese of Agana.

"If some defendants choose not to participate, it will not prevent me from moving forward," Lujan told the judge.

So far, Lujan said, he's only heard from the archdiocese's counsel, and the counsels for retired Saipan Bishop Tomas Camacho and former priest Anderson. He said he hasn't heard from the Boy Scouts of America, a defendant in some cases involving former priest Louis Brouillard.

Lujan said Brouillard is accused in about 36 of the clergy abuse cases he filed in federal court. Brouillard served as a priest and a scoutmaster when he was on Guam, from 1948 to 1981, before moving back to Minnesota.

Caspino said last Friday that Hope and Healing aims to finalize an agreement to settle clergy sex abuse lawsuits by Sept. 1.

Reporter Haidee Eugenio covers Guam's Catholic church issues, education and more. Follow her on Twitter @haidee_eugenio. Follow Pacific Daily News on Facebook/GuamPDN and Instagram @guampdn.

Contact: heugenio@guampdn.com