Judge Denies Request
Plaintiff to Pay in Abuse Case
By Gary V. Murray
Telegram & Gazette
September 26, 2003
WORCESTER - A judge has denied a Houston lawyer's request that a lawyer for a priest accused in a civil lawsuit of sexual abuse be prohibited from taking part in depositions in the case.
Superior Court Judge Leila R. Kern has also ordered the plaintiff in the case, Timothy P. Staney, to pay costs and legal fees related to his failure to appear at a scheduled deposition last week and his lawyer's request for a protective order.
Mr. Staney, a Worcester resident, alleges in a lawsuit filed last year in Worcester Superior Court that he was sexually abused as a child and teenager by Raymond Tremblay, a religious education teacher at Holy Name of Jesus parish, and later by the Rev. Jean Paul Gagnon, who was associate pastor there.
Mr. Tremblay and Rev. Gagnon have denied the allegations.
Mr. Staney's lawyer, Daniel J. Shea of Houston, filed an emergency motion for a protective order on Sept. 12 asking that lawyer Edward P. Ryan Jr., who represents Rev. Gagnon, be barred from participating in depositions in the case or that depositions involving Mr. Ryan be conducted under direct court supervision.
Mr. Shea alleged that Mr. Ryan's conduct at a Sept. 11 deposition of Mr. Staney's father, Joseph C. Staney, was "outrageous" and "unprofessional." He also noted that Timothy Staney is under the care of a psychologist and psychiatrist.
In their written opposition to Mr. Shea's motion, Mr. Ryan and Joanne L. Goulka, the lawyer for the Worcester Diocese, asked that they be reimbursed for costs and fees incurred as a result of Mr. Shea's decision not to have Timothy Staney appear at a scheduled Sept. 15 deposition and the lawyer's motion for a protective order.
Ms. Goulka requested $750, and Mr. Ryan sought the sum of $620.
In her written opposition, Ms. Goulka said Mr. Ryan's questioning of Joseph Staney was "not abusive or unwarranted" and was "no more than skilled and incisive cross-examination ... ."
In denying Mr. Shea's motion on Sept. 18, Judge Kern ordered the payment of unspecified "costs and fees to each counsel for defendants."
Speaking from his office yesterday, Mr. Ryan said, "It's quite clear from the judge's ruling that Mr. Shea acted improperly when he refused to attend and present Mr. Timothy Staney for his deposition. It's also quite clear from the judge's denial of his motion for a protective order that he failed to establish credible and factual support for the allegations that he made in the context of his motion and otherwise in various public comments.
"I just want to make note of the fact that the court took the further step of sanctioning him by requiring him to pay legal fees both to Attorney Goulka and myself.
"I feel badly for Father Gagnon, who has denied these accusations from the beginning and who has steadfastly maintained they are frivolous and false, and I just note in passing that Mr. Tremblay has filed a counterclaim for defamation, and a separate lawsuit by Father Gagnon against Mr. Staney is something that's being contemplated," Mr. Ryan said.
Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.
money guide of hospital products guide of international market guide of repair roof before winter guide of website income guide of secure your business guide of face makeup tools guide of jewellery arts guide of tv shows guide of best places on earth guide of job plans guide of cheap cars guide of creating products guide of women tools guide of eat less guide of car insurance process guide of sport stuff guide of garden home guide of cheap insurances guide of electronic tech guide of healthy feeding guide of what is next in fashion guide of improve company guide of tactical insurance guide of make money at home guide of development in business guide of dept loan guide of cooking secrets guide of correct companies guide of jobs with more income guide of reviews o general products guide of improving technology guide of ideal job guide of business sectors guide of dept problem guide of unlimited business guide of suitable insurance company guide of money cars guide of how to market guide of heatlhy diet tips guide of decoration tipse guide of security problems