CALIFORNIA
Monterey Herald
By VIRGINIA HENNESSEY
Herald Staff Writer
POSTED: 02/10/2014
An appellate court has delayed at least temporarily the release of documents in the child sexual abuse case involving the Rev. Edward Fitz-Henry.
A two-judge panel from the 6th District Court of Appeals granted the Catholic Diocese of Monterey’s request to halt Monterey County Superior Court Judge Thomas Wills’ December order unsealing documents in the lawsuit by “John R.J. Doe.” The lawsuit was settled before trial with the diocese paying the man $500,000. All records turned over to his attorney during discovery remained sealed.
Justices Franklin Elia and Miguel Marquez stayed Will’s decision pending further review of a petition to permanently reverse it.
The diocese’s lawyers argued the records were never submitted as evidence in court. They only turned them over in discovery without a legal battle because the plaintiff’s attorney said he would not share them with the media. The court agreed to the protective order to ensure the jury pool would not be tainted.
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