Clergy sex abuse mediation on shaky ground

By Haidee V Eugenio
Pacific Daily News
August 7, 2017

http://www.guampdn.com/story/news/2017/08/07/clergy-sex-abuse-mediation-shaky-ground/544061001/

Attorney David Lujan, counsel for clergy sex abuse victims, gestures as he blasts defendants Archdiocese of Agana, Archbishop Anthony S. Apuron and others after a hearing in US District Court Monday Aug. 7, 2017. A federal judge denied a motion to stay proceedings in the Apuron cases and set an Aug. 29 hearing on Apuron's motion to dismiss over the alleged unconstitutionality of the law lifting the statute of limitation is unconstitutional and the court's alleged lack of jurisdiction to hear the cases. Photo by Haidee Eugenio

This file photo shows attorney Jacqueline Terlaje, counsel for Archbishop Anthony S. Apuron in clergy sex abuse cases, after status conference on June 13, 2017, in the U.S. District Court of Guam. Photo by Haidee Eugenio

Dozens of clergy abuse lawsuits are scheduled to go through mediation later this year, but David Lujan, the attorney representing those plaintiffs, on Monday said he is prepared to abandon mediation altogether and take the cases to trial.

At issue is four abuse lawsuits filed against Archbishop Anthony Apuron, who does not want to participate in mediation with his accusers and who instead wants the federal court to move forward and rule on his motions to dismiss the cases.

A stay already has been granted for the cases of dozens of accusers represented by Lujan, but a federal judge, during a hearing Monday, denied Lujan's motion to postpone further action on the Apuron lawsuits.

Apuron, through his attorney, Jacqueline Terlaje, succeeded in blocking Lujan's request to stop a hearing on the motion to dismiss the cases involving Apuron.

Lujan, counsel for 77 plaintiffs, alleged in federal court that victims of clergy sex abuse and the court are being “scammed” and “played” by the Archdiocese of Agana and Apuron. Lujan said the church is rushing to settle the cases and at the same time is challenging the constitutionality of the 2016 law that allowed the lawsuits to be filed in the first place.

Apuron's attorney has argued the cases against him should be dismissed because the law that retroactively lifted the statute of limitations on those cases is unconstitutional.

Apuron, who is also undergoing a Vatican canonical trial, is not considering any settlement until after the trial in Rome, Terlaje said Monday.

Lujan said progress has been made in trying to address the cases outside of court, including having retired Oregon Judge Michael Hogan act as mediator for the mediation scheduled from Oct. 30 to Nov. 3.

A meeting in Hawaii among all parties is set for Sept. 5, Lujan told the court.

Lujan said he is suspicious about the archdiocese and Apuron’s real motives, and strongly criticized them in front of U.S. District Court Magistrate Judge Joaquin Manibusan during Monday’s hearing, and later on, during media interviews.

“This is the scam. He (Apuron) is not going to go into mediation. This is the scam, so as long as there is that uncertainty on the statute, on the validity of the statute, it’s supposed to make everyone scared and come to a quick and a cheaper settlement, that’s the scam, and my job is to make sure I don’t allow that scam to work or to succeed,” Lujan said after the hearing.

Lujan said he’s prepared to go to trial, and immediately abandon alternative dispute resolution or mediation in all clergy sex abuse cases in federal court. 

It’s also possible, Lujan said, to have a mediation for all the other cases, except Apuron's cases.

“I can’t wait for him (Apuron) to have a day in court, for this man to stand trial,” Lujan told the judge.

Apuron is one of 14 Guam's current and former or deceased clergy accused of sexually abusing or raping minor boys and girls.

Both Lujan and Terlaje told the court their clients are now old and want the cases to be resolved, but they differ on how the cases could be resolved.

Lujan later said the mediation itself is non-binding.

Terlaje told the judge that Apuron has the right for his motion to dismiss to be heard before any alternative dispute resolution can begin. 

“The problem that I’ve always said in this particular case is that we are rushing to judgment. We cannot determine a settlement damage amount without first determining liability, and the court agreed with me today," Terlaje said after the hearing. "The court said a litigant has the right to proceed in every case, and Archbishop Apuron has simply asked the court to make a determination on the constitutionality of the laws passed by our Legislature and that gives him the ability to ask the court to dismiss this case should the court find in his favor."

Manibusan, during the hearing, said it is not fruitful to force any party, in this case, Apuron, to go into mediation. 

If they're forced into mediation, Manibusan said, Apuron or his counsel will go into the process with a closed mind, which won’t help resolve the cases.

Attorney Michael Patterson, counsel for the archdiocese in the clergy abuse lawsuits, said any decision on the motion to dismiss would have an impact on the mediation. Attorney John Terlaje, general counsel for the archdiocese, was also at the hearing.

Lujan said he believes a court decision on Apuron's motion to dismiss could be out in 2018.

"It will take time for Judge Manibusan to make his recommendation, then it goes to Judge (Frances Tydingco-Gatewood) who then will issue a scheduling order because Judge Gatewood is the person, she’s the chief judge that ultimately makes the decision," Lujan said.

"You would think that a guy like Apuron would have some concern about the people of Guam or the archdiocese and its finances. Remember, he has a chance of coming back. So, does he want to come back to an archdiocese that has absolutely nothing?" Lujan said. "But you know they're banking that the settlement is going to be finished, going to be done before that decision is made."