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  SNAP Fails to Remove Spargo from Church Case

North Country Gazette
February 10, 2006

http://www.northcountrygazette.org/articles/021006NoGoSpargo.html

ALBANY---The Appellate Division of state Supreme Court has rejected the efforts of Mark Lyman, co-chairman of Survivors Network of Those Abused By Priests (SNAP) to remove Albany Supreme Court Justice Thomas Spargo from a case involving church protests.

Last month, Lyman asked the Appellate Division pro se to remove Spargo from the case involving protests outside the Holy Cross Church in Albany, saying that Spargo was biased in favor of the Catholic Diocese and because he had conflicts of interest.

Lyman said in court papers that he believed a "very serious miscarriage of justice has occurred and will continue to occur unless the court immediately reviews" the fact.

But the five-member panel summarily denied Lyman's motion including Lyman's attempt to reverse Spargo's prior rulings in the case.

Lyman says that Spargo has continued to remain on two related cases, one involving Maher, although he says the state Office of Court Administration removed the matter from Spargo in November.

Spargo is presiding over a hearing which began in September concerning an attempt by the church to keep demonstrators away from church entrances. Fourteen parishioners have already testified they were bothered by the demonstration. SNAP and their attorney, Albany attorney John Aretakis, will call witnesses when the hearing resumes.

Aretakis, at the center of clergy sexual abuse claims against the Roman Catholic Diocese, has been ordered to stay 300 feet away from the Holy Cross parish.

A temporary restraining order that had been in force against Aretakis was converted into a permanent injunction last month by Spargo that restricts Aretakis and his followers from their weekly protests at Holy Cross Church and the Holy Cross School.

Spargo's injunction extends restrictions on Aretakis. He had originally been banned from within 100 feet of the church or school. He is now prohibited within 300 feet during Mass or at any time when school is in session and for the hour before and hour following Mass or school classes.

The Diocese had been granted a temporary restraining order against Aretakis in September, saying that he was harassing parishioners and neighbors of the church and school by his weekly protests at the church during Sunday Masses.

SNAP wants the Rev. Daniel J. Maher, pastor of Holy Cross Church, removed, alleging that he molested an altar boy in the early 70s. Maher was cleared by the church following an investigation by the Diocese.


 
 

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