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Temporary stay issued in sex abuse cases
By Mindy Aguon
Judge Michael Bordallo of the Superior Court of Guam issued a temporary stay of 20 childhood sex abuse cases that were filed in Superior Court against the Archdiocese of Agana and the Boy Scouts of America, to see if the parties can agree on the mediation process. Attorney Anthony Perez, who represents several sex abuse victims, advised the court that his clients agreed to mediation but are still working out concerns they had with the protocol. He anticipates those issues being resolved in the next week or two. The parties are scheduled to have their first meeting in Hawaii on Sept. 5 to iron out all of the details of the mediation that is expected to begin in Guam on Oct. 30. A retired federal judge, Michael Hogan, has been selected by the parties to act as mediator and work with the archdiocese, the Boy Scouts of America, other defendants and the victims' attorneys in an effort to resolve the cases through a settlement. The mediation is non-binding, which means any of the parties can choose to opt out of any settlement and go back to the court and ask for the case to proceed to trial. Attorney Kevin Fowler, who represents several sex abuse victims, told the court they are amenable to an interim stay of the cases until after the initial settlement talks next month. "We support the request for a stay," said attorney Patrick Civille, who represents the Boy Scouts of America. The organization had filed a motion to dismiss the sex abuse cases, but has agreed to participate in mediation on the condition it could choose to opt out of the mediation. Suspended Archbishop Anthony Apuron's attorney, Jacqueline Taitano Terlaje, objected to the stay as her client is not participating in any settlement discussions. Apuron is moving forward with his motions to dismiss the lawsuits filed in the District and Superior Courts, as he contends there is no liability on his part. His motion to dismiss argues that the victims' claims are time-barred and that Public Law 33-187, which provided a mechanism for victims to pursue civil action, is "inorganic and unconstitutional," court documents state. Defamation lawsuit Judge Bordallo's issuance of a temporary stay also puts a halt on a defamation lawsuit filed by Apuron's accusers, Walter Denton, Roland Sondia, Roy Quintanilla and Doris Concepcion, on behalf of her late son, Joseph "Sonny" Quinata. The four alleged they were sexually abused by Apuron when they were young altar boys in the 1970s. The four filed a separate civil suit accusing Apuron and the archdiocese of calling them liars. Terlaje said she was unaware if the mediation discussions between the plaintiffs and the archdiocese would include the defamation case. The attorney asked the court to address her client's motion to dismiss that has been unresolved for nearly a year. The judge said he would review the motion and issue an order by Sept. 12 to determine if he will take the motion to dismiss under advisement or set a hearing date for the parties to present oral arguments on the matter. The parties were ordered to return on Sept. 12 when the court will get an update on the mediation process in the sex abuse cases and determine how it will proceed with consolidating and managing the cases. 'Rule of necessity' Judge Bordallo, like his other colleagues, had recused himself from hearing the sex abuse civil cases. The judge said his clerk's father-in-law is David J. Sablan, president of Concerned Catholics of Guam. Due to the "rule of necessity," Bordallo said he was asked by Chief Justice Katherine Maraman to take the cases. The parties have two weeks to file any objection to Bordallo presiding over the cases.
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