Federal court to proceed in 11 clergy sex abuse cases

By Neil Pang
Guam Daily Post
July 11, 2017

https://www.postguam.com/news/local/federal-court-to-proceed-in-clergy-sex-abuse-cases/article_0c4122d0-65da-11e7-b6b5-4f84bacc13c7.html

The Dulce Nombre de Maria Cathedral-Basilica is pictured on June 16. Eleven of the dozens of sex abuse cases against former Guam priests and the Archdiocese of Agana will resume after a temporary pause. Photo by David Castro

At least 11 of the 66 clergy sex abuse cases pending in federal court will begin moving forward again after a federal judge vacated the order which temporarily halted action in the cases as parties began talking about potential settlements.

District Court of Guam Magistrate Judge Joaquin Manibusan lifted the order suspending action on the cases during a status hearing earlier this morning in which he also said the court was "hopeful" parties would be able to enter into mediation, but added that the court feels the matter has been stayed without progress for long enough.

Manibusan listed 11 of the 66 cases he said were pending before the court and said plaintiffs would have until Aug. 1, 2017, to file opposition to defense motions to dismiss.

The following plaintiffs' cases are scheduled to be heard Aug. 29, 2017:

- Norman J.D. Aguon

- Leo Tudela

- Robert Aguon Perez

- Roy Quintanilla

- Walter Denton

- Joseph Quinata

- Edward Chan

- Albino Bascon

- Johnny Bascon

- Morgan Paul

- B.T.

"The court wants to move these forward," Manibusan said to counsel.

According to court documents, defense counsel has filed motions to dismiss the cases filed by dozens of alleged clergy sex abuse victims on the grounds that the recently passed Public Law 33-187 does not permit expired claims to be filed against the church and that any law that would extend the statute of limitations in these cases would be unconstitutional.

On the settlement, the plaintiffs' attorney David Lujan told the court he has been speaking with the director of Hope and Healing Guam, Michael Caspino, and is "on the verge" of deciding on a retired California judge to handle mediation.

Lujan also said he had received copies of the questionnaires the Hope and Healing program intends to give to alleged victims to determine settlement details.

"I believe we are making progress," Lujan said.

He added his office has also received audited financial statements from the church for 2014, but said the church is two weeks late in delivering similar statements for 2015 and 2016.

Speaking on behalf of his client, the Archdiocese of Agana, attorney John Terlaje told the court the church stood by the hope they will be able to use the Hope and Healing program to achieve closure in these cases.

Finally, Lujan told the court his office was working to finalize service of claims to defendants, noting that he would be serving the Boy Scouts of America, through its on-island attorney Patrick Civille, for the 40 or so cases in which they are a named defendant sometime tomorrow. Lujan also sent out a special process server to look for defrocked priest Raymond Cepeda, but Cepeda's location has not yet been determined.