Former Capuchin Brother Wants Clergy Sex Abuse Claims Dismissed; Accusers Object

By Haidee V. Eugenio
Pacific Daily News
March 7, 2018

http://www.guampdn.com/story/news/2018/03/07/former-capuchin-brother-wants-clergy-sex-abuse-claims-dismissed-accusers-object/401580002/

Simon Sanchez High School's website lists Vernon Kamiaz as a science teacher. Kamiaz is the latest defendant named in a clergy sexual abuse of a minor, who alleged that the Capuchin brother grabbed the boy's private parts purportedly to teach him sex moves for his girlfriend. The Guam Department of Education says personnel rules and policies are under review to deal with Kamiaz's issue.

Former Capuchin brother Vernon T. Kamiaz has asked the federal court to dismiss three clergy sex abuse claims filed against him over failure to timely serve him with the summons and complaints. His accusers separately said the service of process on Kamiaz was timely.

Plaintiffs identified in court documents only as C.J.I., R.I.C. and J.C.M.P. said Kamiaz's motion to dismiss must be denied because he was timely served legal documents.

Kamiaz, representing himself in his motion to dismiss, said the plaintiffs failed to perfect service within 90 days pursuant to Federal Rules of Procedure. He said the complaints were filed on Sept. 8, Sept. 15 and Oct. 6 in 2017 but he was personally served with the summons and complaints on Jan. 29, which were more than 100 days after the complaints were filed.

14-day deadline

The plaintiffs, through attorney Delia L. Wolff, said the Jan. 29 service of process upon Kamiaz was timely, because it met the 14-day deadline set by a federal court judge.

U.S. District Court Chief Judge Frances Tydingco-Gatewood on Jan. 17 ordered the plaintiffs to "make service on all unserved defendants within 14 days from the date of this order."

Plaintiffs C.J.I., R.I.C. and J.C.M.P. are among those who filed clergy sex abuse lawsuits against Kamiaz, now a Guam Department of Education central office employee in Tiyan and a former Simon Sanchez High School science teacher.

Sex abuse in 1983

C.J.I.'s $5 million lawsuit says that Kamiaz sexually abused and molested C.J.I. in or about 1983 when he was a 15-year-old boy attending religious classes at the Agana Heights Parish.

R.I.C.'s lawsuit, which also demands $5 million in minimum damages, states that Kamiaz sexually abused him in the Agana Heights Parish restroom and in a vehicle after separate church services around 1983. R.I.C. said he was about 14 at the time.

J.C.M.P.'s lawsuit says Kamiaz sexually abused J.C.M.P. around 2006 or 2007 when he was 12 or 13 years old and serving as an altar boy for the Agana Heights parish. The lawsuit also demands $5 million in minimum damages.

Nearly 160 Guam clergy sex abuse lawsuits have been filed in local and federal court, naming as defendants the Archdiocese of Agana, priests, others clergy, Catholic school teachers and others associated with the Catholic Church.