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  Principal: Protesters Scare Kids
Albany Church Seeks Injunction after Demonstrations

By Carol DeMare cdemare@timesunion.com
Times Union [Albany NY]
September 15, 2005

ALBANY -- The principal of a Catholic school testified Wednesday that leafleting by a group seeking the removal of the pastor of an affiliated church has frightened children and worried parents.

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Sister Mary Ellen Owens, principal of Holy Cross School, said she was frightened when attorney John Aretakis, who represents victims of priest sexual abuse, questioned her at the door of the school last May.

At a hearing in state Supreme Court, Owens was the first witness called by attorney Michael Costello, who represents Holy Cross Church in Albany.

For the past 17 weeks, the Survivors Network of Those Abused by Priests have protested outside the church on Western Avenue during Sunday services for the removal of the Rev. Daniel J. Maher.

Last week, the church obtained a temporary restraining order from state Supreme Court Justice Thomas Spargo to keep Aretakis and his supporters 100 feet from church entrances. The church is seeking an injunction at the hearing, which began Wednesday.

Spargo told the attorneys he would allow only testimony on the conduct of the protesters and not the nature or content of the issues surrounding the demonstrations.

Aretakis and the survivors group claim Maher molested an altar boy in 1973 at a camp on Saratoga Lake. A diocesan review board investigated and cleared the priest two weeks ago. But the protests have continued, and on Sunday, city police made sure demonstrators stayed across the street from the church.

Before testimony, Spargo quashed Aretakis' subpoena seeking to force Bishop Howard Hubbard to appear as a witness. Costello argued there was no relevance to having the bishop testify.

Aretakis said, "I don't know why Mr. Costello and the bishop have such clout to get this TRO (temporary restraining order) to push us across the street."

Mark Lyman, co-director of SNAP, was in the courtroom and was added by Spargo as a defendant in the case after Aretakis said the protests are coordinated by SNAP.

Costello acknowledged that the group has a right to demonstrate but the conduct of Aretakis was objectionable because it has harassed and intimidated students, parishioners, parents and staff.

With Owens on the witness stand, Costello aimed to show that students were frightened by seeing Aretakis putting fliers on cars in the school parking lot and at nearby homes. Parents have also complained, Owens stated.

Answering questions from Aretakis, she said the protests were peaceful "some of the time," but not when people inside the church saw them and became upset.

The hearing continues today.

Carol DeMare can be reached at 454-5431 or by e-mail at cdemare@timesunion.com.

 
 

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