Judge orders NY Archdiocese to turn over its investigative records on Hubbard
The records are being sought in a Child Victims Act case filed by a woman against Hubbard, the Albany diocese and deceased former priest Francis P. Melfe
A state Supreme Court justice has ordered the Archdiocese of New York to turn over roughly 1,400 pages of internal records related to its investigations of Howard J. Hubbard, rejecting the organization’s arguments that the documents regarding the former Albany bishop are constitutionally protected under the religious clauses of the First Amendment.
State Supreme Court Justice L. Michael Mackey, citing court decisions dismissing similar arguments that have been invoked by the Catholic church to try and shield internal files on priests accused of child sexual abuse, noted the case involves allegations of child molestation and not an internal church dispute or employment matter. He said that under pre-trial discovery rules, the records should be treated the same as disciplinary files for a rank-and-file…
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