Guam's clergy sex abuse cases up for mediation

By Haidee V Eugenio
Pacific Daily News
July 28, 2017

http://www.guampdn.com/story/news/2017/07/28/guams-clergy-sex-abuse-cases-up-mediation/519023001/

Archdiocese of Agana attorney John Terlaje, right, answers media questions Friday, July 28, 2017, about the planned Oct. 30 to Nov. 3 mediation involving nearly 100 Guam clergy sex abuse cases. Also in photo is Boy Scouts of America counsel Patrick Civille. The Archdiocese of Agana, Boy Scouts of America and individual priests are among defendants.

A federal judge on Friday agreed to temporarily halt proceedings in dozens of clergy sex abuse lawsuits so they can instead go through an out-of-court settlement process, scheduled to take place from Oct. 30 to Nov. 3.

U.S. District Court Magistrate Judge Joaquin V.E. Manibusan granted attorney David Lujan's motion for a stay, pending arbitration of the cases. 

"We progressed tremendously from the last hearing to today's hearing," Lujan told the judge during a hearing Friday morning.

Lujan said some of his clients are now in their 70s, so time is of the essence to resolve the cases.

Lujan and attorney John C. Terlaje, general counsel for the Archdiocese of Agana, told Manibusan that retired U.S. District Court Judge of Oregon Michael Hogan has agreed to serve as mediator, and will be on island for the mediation.

The Archdiocese of Agana is a defendant in 95 of 96 childhood sexual abuse lawsuits filed in local and federal court since Guam in 2016 lifted the civil statute of limitation for these cases.

Most cases involve Catholic priests who allegedly sexually abused, molested and/or raped minor boys and girls. In federal court alone, the plaintiffs demand more than $600 million in damages.

Shift in process

Terlaje and Lujan told the judge there has been a shift toward having a retired judge as mediator, instead of having Hope and Healing Guam, which was created by the church, lead the entire process. Terlaje said Hope and Healing continues to provide pastoral care for the victims.

Hope and Healing Guam, initiated by the archdiocese, continues to provide independent and professional counseling, treatment and spiritual healing to clergy abuse victims, the archdiocese said. 

Lujan and Terlaje told the judge that, starting in August, plaintiffs in the clergy abuse cases will be interviewed by the defendants as part of the settlement process.

"Judge Hogan is a decision maker as to what the damages are. Hope and Healing will have a supporting role," Lujan said. Lujan said Hogan, as an experienced mediator, is expected to provide guidance as to how monetary damages should be determined.

Lujan told the judge that he expects to file additional abuse cases.

The sex abuse cases against Archbishop Anthony S. Apuron, however, will be addressed during a separate hearing on Aug. 7 at 8:30 a.m.

Apuron's attorney, Jacqueline Terlaje, reiterated that Apuron won't be participating in any alternative dispute resolution until after his canonical trial is completed.

Attorney Patrick Civille, during the hearing, said his clients, the Boy Scouts of America and Boy Scouts of America Aloha Council Chamorro District, do not object to postponing action in the cases, but reserve the right to opt out of the settlement.

More than 40 of the cases in federal court involve the Boy Scouts because former priest Louis Brouillard allegedly sexually abused, molested and raped minors during church and Boy Scouts activities.

Terlaje said the parties continue to gather information on church insurance and assets.