Tag: Avoiding Corporate Responsibility

Posted on

Survivors of clergy sex abuse tell their stories before bankruptcy court and Archbishop William Lori, Baltimore officials

Victim-survivor Teresa Lancaster, center, leaves the United States District Court for the District of Maryland in Baltimore City following her April 8, 2024, testimony in the Archdiocese of Baltimore bankruptcy case.

By Christopher Gunty

Six victim-survivors of sexual abuse by clergy in the Archdiocese of Baltimore gave statements in court April 8 about the long-term impact of the abuse on their lives as part of the federal bankruptcy reorganization.

The testimonies were off the record and not transcribed. Judge Michelle M. Harner, who is overseeing the Chapter 11 case, noted that the statements are not evidentiary in the case.

Their primary purpose, she said, was to “increase engagement and understanding” and to provide a forum for those affected by the pre-bankruptcy conduct of the archdiocese and its representatives.

“Today is a listening session and an opportunity for individuals to be heard,” Harner said.

Archbishop William E. Lori and Auxiliary Bishop Adam J. Parker attended the hearing, sitting in the front of the courtroom. They both hugged the first survivor who spoke.

Baltimore Archbishop William E. Lori speaks to media outside the U.S. District Court for the District of Maryland in Baltimore following the April 8, 2024, testimony by victim-survivors in the archdiocesan bankruptcy case.

Harner thanked each person who made a statement — three women and three men — for their participation in the process. About 50 people attended the hearing at the federal courthouse in Baltimore.

Some of those who spoke to the court specifically addressed the archbishop. In one poignant moment, one of the victim-survivors also turned to address other victim-survivors in court, reminding them that as adults, they can take control of their healing.

Some common themes emerged in the victim-survivors’ statements — further abuse, troubled marriages and divorces, issues of trusting anyone, and other problems that have plagued their lives. Some noted that the chance to bring their experience to the court would be an important part of their healing.

In one touching moment, during one victim-survivor’s statement, the woman who was first to speak reached over the handrail to hold the hand of her husband, sitting just behind her.
The session, scheduled for two hours, ended after just an hour. Another such session is scheduled for May 20, which Archbishop Lori also will attend.

Paul Jan Zdunek, who chairs the Unsecured Creditors Committee, a group of seven people who represent all the victim-survivors in the case, said after the session that he was surprised at how quickly the session went, “despite it didn’t feel that way. I thought everyone was really great with their words and their preparation and the courage that it took to do that in front of everybody.”

He said he appreciated that the judge supported the process and allowed each participant to have the time they needed to tell their story.

“We even heard from them that this was a healing moment and a moment they’ve been waiting for in some cases 50 years, which is extraordinary. I think what struck me today was beyond the moments that happened when they were children, how much it has affected them since, you know, 50 years ago, 60 years of a life gone,” Zdunek told the Catholic Review, Baltimore’s archdiocesan news outlet.

He said he was not surprised to hear that many of those who spoke have issues trusting others, especially because the abuse happened in a church or school by someone who was supposed to minister to them. “Here it is the one place that you’re supposed to be safe and have been told, you know, as a Catholic raised myself, that this is the truth, the light, the way, the place for salvation — and to have that be the place that trust leaves you is devastating,” Zdunek said.

In advance of the hearing, he said the members of the survivors committee — five of whom attended the hearing — purposely wanted to allow others not on the committee to have the first opportunity to speak in court. He said that in this process, the committee already has the ear of the archbishop. “We thought it was important for others to really have the chance to speak.”

He expects the May 20 hearing to be similar. “He wanted to see how this went first, but I’d imagine it’s not going to be too much different than this.”

The deadline to file a claim in the case is May 31.

Baltimore Auxiliary Bishop Adam J. Parker and Archbishop William E. Lori leave the U.S. District Court for the District of Maryland in Baltimore April 8, 2024, following testimony by victim-survivors in the archdiocese bankruptcy case.

Teresa F. Lancaster, one of those who spoke in court, addressed reporters after the hearing and noted that she had testified in support of the Child Victims Act passed by the Maryland General Assembly in 2023, which removed the statute of limitations for civil suits for child sexual abuse.

She acknowledged that abuse has happened not just in the church, but also in other schools and organizations.

Asked whether her day in court was a day that she has long been waiting for, Lancaster, who eventually became an attorney so she could help other victims, said, “We wanted our day in court and we were deprived of it. So, I felt somewhat, and I want all the survivors to feel that, hey, your voice has been heard, you’re just as important, and people know what happened now.”

Outside the courthouse after the hearing, Archbishop Lori said he came as a pastor and priest and was moved by the testimony that he heard.

“My meetings with victim-survivors over the years have taught me the importance of their being able to tell their story, the importance of being heard and listened to, and being believed, and so I came to listen,” he said, adding that he “hopes that by doing this I can contribute in some small way to the healing of the of these individuals and what they’ve been through.”

He said that after the passage of the Child Victims Act, the archdiocese filed for Chapter 11 reorganization “so that we could, in fact, help as many victim survivors as equitably as we can while at the same time carrying forward the mission of the church, of our parishes, our charities and our schools.”

Asked if he has said he is sorry for the pain experienced by those abused, the archbishop said, “I’ve said it many times. and will say it to the end of my life. But I recognize that no apology of mine undoes what was done. Listening, believing, does a lot more.

“I’ve listened and met with victim survivors for a long, long time and every time I listen, it shakes me — every time.”

In a statement released later in the day, Archbishop Lori said, “I am deeply grateful to the victim-survivors for their courage today and I am moved by their heart-rending experience.

“To the victim-survivors who long to hear that someone is sorry for the trauma they endured and for its life-altering consequences: I am profoundly sorry. I offer my sincerest apology on behalf of the archdiocese for the terrible harm caused to them by representatives of the church,” he said. “What happened to them never should have occurred. No child should ever, ever suffer such harm.”

He added his thanks to those of Harner, saying, “I ask that the focus today be on the courage and bravery of the women and men who offered their statements and those they represent.

“Their stories and those of the victim-survivors I’ve met with privately for decades, emboldens our response and determination to ensure no child in our care is ever again harmed. I am grateful to the Survivors Committee for initiating the request to offer victim-survivors this opportunity today, which I sincerely pray will further assist them in their journey toward healing.”

The hearing comes a year and three days after the Maryland Office of the Attorney General released an extensive report on clergy sexual abuse of minors in the Archdiocese of Baltimore. Maryland Gov. Wes Moore, a Democrat, signed the Child Victims Act into law April 11, 2023. It went into effect Oct. 1, 2023.

Complete Article ↪HERE↩!

Posted on

An Argentine judge recognizes gender abuse suffered for years by 20 nuns in a breakthrough ruling

— The ruling in the homeland of Pope Francis cast a spotlight on the long-standing of abuse of nuns by priests and bishops in the Catholic Church.

FILE – Women gather round the San Bernardo Convent in support of the convent’s cloistered nuns who accused the Archbishop of Salta Mario Antonio Cargnello and other church officials of gender-based psychological and physical violence, in Salta, Argentina, May 3, 2022. An Argentine court ruled on Thursday, April 4, 2024, that Cargnello and three other church officials committed different forms of violence against the cloistered nuns of the convent.

By

An Argentine judge on Friday ruled that 20 cloistered nuns had suffered abuse for more than two decades at the hands of high-ranking clergy in the country’s conservative north, and ordered the accused archbishop and church officials to undergo psychological treatment and training in gender discrimination.

The ruling in the homeland of Pope Francis cast a spotlight on the long-standing of abuse of nuns by priests and bishops in the Catholic Church.

Though long overshadowed by other church scandals, such abuses in religious life are increasingly being aired and denounced as a result of nuns feeling emboldened by the #MeToo movement, which has a corollary in the church, #NunsToo.

“I conclude and affirm that the nuns have suffered acts of gender violence religiously, physically, psychologically and economically for more than 20 years,” Judge Carolina Cáceres said in the ruling from Salta in northwestern Argentina.

She also ordered the verdict be conveyed to Francis.

The four accused clergy members have denied committing any violence. The archbishop’s lawyer, Eduardo Romani, dismissed Friday’s ruling as baseless and vowed to appeal. Still, he said, the archbishop would abide by the order to receive treatment and anti-discrimination training through a local NGO “whether or not he agrees with its basis.”

The nuns’ lawyer hailed the verdict as unprecedented in Argentina in recognizing the plaintiffs’ plight and the deeper problem of gender discrimination.

“It shatters the ‘status quo’ because it targets a person with a great deal of power,” said José Viola, the lawyer.

In recent years, several prominent cases have emerged involving nuns, laywomen or consecrated women denouncing spiritual, psychological, physical or sexual abuse by once-exalted priests.

But complaints have largely fallen on deaf ears at the Vatican and in the rigid all-male hierarchy at the local level in Argentina, apparently prompting the nuns in Salta to seek remedy in the secular justice system. A similar dynamic played out when the clergy abuse of minors scandal first erupted decades ago and victims turned to the courts because of inaction by church authorities.

The 20 nuns from the reclusive order of Discalced Carmelites at San Bernardo Monastery — dedicated to solitude, silence and daily contemplative prayer — brought their case forward in 2022, sending shockwaves through conservative Salta.

Their complaints cited a range of mistreatment including verbal insults, threats, humiliation and physical — although not sexual — assault.

The nuns describe archbishop Mario Cargnello as grabbing, slapping and shaking women. At one point, they said, Cargnello squeezed the lips of a nun to silence her. At another, he pounced on a nun, striking her as he struggled to snatch a camera from her hands. They also accused Cargello of borrowing nuns’ money without paying them back.

Cáceres, the judge, described the instances as “physical and psychological gender violence.”

Complete Article ↪HERE↩!

Posted on

The Oblates and the geographic solution to clergy sexual abuse

— Despite the failures of the geographical solution to clergy sexual abuse, Catholic religious orders as the Oblates have a long record of using it.

Americae sive novi orbis, nova descriptio, 1573.

By Rodolfo Soriano-Núñez

The Oblates have used the “geographical solution” before. One of their predator priests spent time in Mexico back in the Sixties.

Religion and Public Life: Argentina, Canada, France, Mexico, Paraguay, and the United States are among the countries where the Oblates have on the basis of the “geographic solution” to clergy sexual abuse.

Two weeks ago, Los Angeles Press published a report on the arrival of a Paraguayan Roman Catholic priest, a member of the Oblates of Mary Immaculate religious order, from his native country to Mexico.

At the time of the report, I’ve been in Mexico for at least six months. He’s got a low profile. There is no record of him participating as a priest in public functions carried out by the order.

After arriving to Mexico, Juan Rafael Fleitas López performed as an instructor at the schools where the Oblates train their so-called scholastics, which is how Catholic religious orders such as the Oblates call what other would be identified as seminarians: young students who aspire to become full members of the order and, in some cases, to become priests.

He was, in that regard, a pristine example of the so-called .geographic solution, which is an analyst how the forty-years-old clergy sexual abuse crisis in the Catholic Church call the decision by some orders and even some diocesan bishops to move around priests with accusations of sexual abuse from one diocese to and another, if allowed, from one country to another.

One of the many examples of the “geographical solution” is, in Mexico and the United States, the way in which Norberto Rivera Carrera and Roger Michael Mahony, moved around from one country to the other and back again, Nicolas Aguilar Rivera, who at some point was point aptly called by the media in the native state of Puebla – a state-wide shame.

Norberto Rivera first sent Nicolas Aguilar Rivera (no family relationship with the Cardinal) from Tehuacán, 260 kilometers or 160 miles East of Mexico City, in the state of Puebla, to Los Angeles, California, during his first stint as bishop. Roger Mahony was, at the time, the almighty cardinal and archbishop of the largest Catholic diocese in the United States, with more than three million souls under his care.

 
Tehuacán, Puebla, East of Mexico City.

Aguilar Rivera was some sort of early revelation of the depth of the clergy sexual abuse crisis in Mexico back in the late 1980s, when this issue was kept concealed by the Roman Catholic hierarchy, and both the Mexican government and media.

Since I was able to move around from Tehuacán, a mid-size metro area in the Central state of Puebla, Mexico, to Los Angeles, California, and then back to Mexico, Aguilar is one of the most notable super-predators in the Mexican Catholic Church. Far from his crimes, both Norberto Rivera and Roger Mahony, provided the perfect settings and cover up for his actions.

The Archdiocese of Los Angeles paid almost $13 million as compensation. Although only Aguilars victims in that district of the U.S. Catholic Church received the monies.

Victims for the hundreds

There is no official information as if some payments were made by the Mexican dioceses of Tehuacán, Puebla, or Mexico City, which had, at some point in time competence over Aguilars performance as a priest in Mexico, although he is known that some of his received some of his victims some sort of compensation as a way to prevent the scandal brought by the fact that Cardinal Rivera was called to testify in California, as they could be seen in this transcript of his declaration from 2007.

Back in 2007, U.S. and Mexican media estimated Aguilars victims as at least ninety minors. I’ve repeatedly challenged that number, but there’s no reason to believe his word, since he was able to move around between both countries.

In Mexico, he was able to move officially between at two least Catholic dioceses: Tehuacán and Mexico City, although the last reports about his active life, from the mid to late aughts, about duties performing as a priest in the State of Mexico, the Mexican state surrounding Mexico City, which has had the largest number of separate dioces since the early 1990s.

 
Norberto Rivera Carrera, archbishop emeritus of Mexico City and Mario Delgado, current leader of the ruling party Morena in Mexico and alumn of NXIVM, 2012.

Because of the .geographical solution, Aguilar was able to find new unsuspecting victims, every time his bosses in the Catholic hierarchy decided the spin of the wheel of fortune, giving him a new chance as even priest if he was not ever appointed as pastor of a parish after Mahony received him with a temporary appointment back in 1987.

It was only in 2009, more than 20 years after the first accusations against Aguilar emerged, that Pope Benedict XVI expelled him from the priesthood. Only then, the Mexican Catholic bishops publicly admitted that Aguilar was a predator sex. Although there was no official admission as to the number of his victims in either Mexico or the United States, Mexican newsmagazine Proceso estimated them in .more than a hundred minors.

And even if apologies have been issued by the three reigning Popes as to the extent and consequences of clergy sexual abuse, and many leaders of the Catholic Church mimic the reigning Pope-s rhetoric on the issue, at a global scale, the fact: there is an impulse to move priests with accusations of different types of sexual misconduct as a way to give them a second, third, or fourth chance in the exercise of the priesthood, with little or not for the potential consideration of risk of moving.

The fact that I rushed to publish my findings as to the potential destination of Juan Rafael Fleitas López as an associate priest in the parish of St. Mary Magdalene in Tequisistlán, Oaxaca, was to prevent new abuses.

It was necessary since it is no record of a current active interest of the Mexican Catholic hierarchy on addressing the issue, as it proved by the fact that less than half the Mexican dioceses have set up a commission to prevent abuses, as it proved last week on these pages.

Even more, since there is no indication that the current Mexican federal government will pursue the accusations made by survivors, their friends, and advocates back in 2017.

Changing of the guard

In that regard, my sources on the issue tell me that Fleitass appointment fell to Tequisistlán fell apart, although he spent time there in March, when other parishes managed by the Oblate order had changes of the pastors serving them. The most recent of such changes at the diocese of Tehuantepec, Oaxaca, was March 4th.

The changing of the guard happened at San Pedro Martir Quiechapa, as told by the entry at the Oblates official Facebook account that appears immediately after this paragraph or here.

After that, on March 23rd, the Oblates had a change in management at the parish of Christ Our Lord and Savior, at the diocese of Iztapalapa in Eastern Mexico City, as told by this entry from the same official Facebook reported immediately after this paragraph.

So, this is the season when the Oblates shuffle their priests from one parish or work to another. This is a healthy practice that forces priests and other religious personnel to confront new challenges and figure out new ways to do their work. It is not these regular changes that constitutes the practice of the .geographic solution to the issue of clergy sexual abuse.

Moreover, the Oblates are not new at using the .geographical solution to move around the priests and religious brothers who have faced accusations of sexual abuse. There is a long record of that order moving around priests and religious brothers from one of their provinces to another, to either cover up for the sexual abuse already perpetrated by some of them or as some sort of preventative measure, when one higher figures out that something is wrong with one of their subordinates in one of their provinces.

Even if Bishop is not seen as an accurate representation of whatever has happened as far as the clergy sexual abuse crisis in the Catholic Church on a global scale, since it has been a clear, even if undesired bias for the information coming from the English-speaking Catholic world, in their pages it is possible to find information that accurately depicts how, at least in the English- andspeaking Spanish-speaking Catholic worlds, the .geographical solution has been used by the Oblates and many other Catholic religious orders to move around priests with accusations of sexual misconduct.

More than Sixty Oblates

In that regard, Bishop Accountability has identified in one of its pages a minimum of 59 Oblates priests accused of clergy sexual abuse in U.S. and Canadian dioceses. On the top of that, in the Spanish-speaking pages of the same website there is information about one more Oblate, Luis Sabarre, originally from the Philippines but acting as a priest in the archdiocese of Mendoza, Argentina.

Also, there is information about at least two other members of this religious order, Gustavo Ovelar and Francisco Bareiro. The story linked above, the first of this series on the Oblates, mentions Bareiro and the impact of the accusations on him have. Both Ovelar and Bareiro are Argentine nationals. The Paraguayan newspaper La Nación described them back in 2016 as they are hiding out in Paraguay. That newspaper mentioned the fact that they were accused in 2014 of sexual assault.

A second Spanish-speaking page referenced at Bishop Accountability details how up until 2020, the Oblates kept their silence regarding the whereabouts of Ovelar and Bareiro.

What is worse. The English-speaking database of Bishop Accountability added data recently about the abuse perpetrated by French Oblates Edouard Meillieur and Johannes Rivoire in French and English-speaking missions in Canada going all the way back to the 1950s. Both are also representatives of the “geographical solution” as practiced by the Oblates.

 
In the green circle, Paraguayan Oblate priest Juan Rafael Fleitas López at a ceremony in Paraguay.

It is noticeable that the statement issued by the Canadian province of the Oblates seems to be aware of the need to use the right words when talking about the pain brought by members of the order to their victims and the communities they were supposed to be serving.

The statement issued by the leader of the Oblates in Canada, Father Ken Thorson, reads “the Oblates” recognize the tragic legacy of clergy abuse and are sincerely committed to support the Inuit Peoples who advocate for truth, justice, healing and reconciliation.

How could it be that if the Canadian Oblates seem to be aware of the “tragic” consequences of the .geographic solution, used by the French and Canadian provinces of that order back in the 20th century, the Mexican and Paraguayan leaders of the same orders are so willing to put the Mexican faithful at risk of being abused by Juan Rafael Fleitas López?

That is the saddest aspect of the institutional neuroses affecting the Catholic Church nowadays.

Predator Priest

What is worse, in the English-speaking database available at Bishop Accountability, it is possible to find information about one predator priest moving from the United States to the very same diocese of Tehuantepec, Oaxaca, where the leaders of the province of the Mexican province tried to reinstate Fleitas López as they preside with the blessing of bishop Crispín Ojeda Márquez, the former auxiliary and none other than Cardinal Norberto Rivera Carrera.

I used the term “predator priest” knowingly and accurately. Bishop Accountability renders a short bio of Donald L. Stavinoha as he was killed back in 2007 but convicted in 1988, although the Texas authorities released him in 1991.

It is not clear if he assaulted or abused somebody at Tehuantepec, Mexico. We know, through a story published back in 1992 by Texan newspaper The Houston Chronicle, that I spent some time there between the late 1960s and early 1970s, when Jose de Jesús Clemente Alba Palacios was the bishop of Tehuantepec.

Oddly enough, Alba Palacios resigned his position as bishop of Tehuantepec back in 1970, when he was only 60 years old. Pope Paul VI appointed him auxiliary of the Archdiocese of Oaxaca, a strange move for a Roman Catholic bishop. Was it because of them then were issues related to abuse in Tehuantepec? God only knows.

As I am typing this story there is no official news about the destination of Juan Rafael Fleitas López. I know his appointment at Tequisistlán, diocese of Tehuantepec, fell apart, but there is no warranty that the leaders of the Oblate order in Mexico will not try to send him to any of his other parishes.

The only thing I know, for sure, is that Fleitas Lopez will not go back to be a priest at parish the Oblates have in Tijuana, Baja California. Although parish is in Mexico, it is not for the Mexican Oblates to decide who goes there. It is the Oblates of the United States who manages that parish as a “mission territory” in Mexico (see here and here too).

If Fleitas Lopez did something, it would be the Oblates in the United States, and under the laws of the United States would be liable. How lucky is the Mexican Catholic faithful of Tijuana, protected by U.S. Laws…

Complete Article ↪HERE↩!

Posted on

Bishop Thomas Gumbleton, Peace Activist & Advocate for Survivors of Church Sexual Abuse, Dies at 94

Bishop Thomas Gumbleton

Bishop Thomas Gumbleton, a longtime leader in the U.S. Catholic peace and justice movement, has died at the age of 94 in Detroit. He helped found Pax Christi and Bread for the World and was a war tax resister. He was also a survivor of sexual abuse in the church who was forced to resign in 2007 after he spoke out publicly in favor of an Ohio bill to extend the statute of limitations for cases of sexual abuse by clergy. In 2013, Bishop Gumbleton spoke to Democracy Now! about his work with the Survivors Network of those Abused by Priests, known as SNAP.

Bishop Thomas Gumbleton: “Well, what really opened my eyes was when a friend of mine — in fact, the person who started SNAP — came to me and asked me to intervene with the local bishop, because the priest who had abused her, and who had also abused other people that she was aware of, was still functioning. And I said, ’That’s impossible.’”

Amy Goodman: “You were the bishop of Detroit, and he was in Toledo.”

Bishop Thomas Gumbleton: “Well, I was an auxiliary bishop in Detroit. But I was a friend of Barbara Blaine, the founder of SNAP, from decades — for decades. And when she came to me and told me this, I said, ‘Well, I’ll go see the bishop, and I’ll talk to him, and I’m sure he’s not going to continue to keep this covered up.’ Well, I went to see him, and he assured me, ’I’ll do something about it. I’ll take care of it.’ So I took him at his word, but nothing ever happened. And so, that made me realize that some of the, well, best bishops around were not dealing with this issue the way it needed to be dealt with. I mean, it just was terribly wrong to allow a priest to continue to function in a situation where he could abuse other children. And it turned out he was still abusing other people. And so, that” —

Amy Goodman: “The priest was.”

Bishop Thomas Gumbleton: “Yes, and the bishop was allowing this to go on.”

That was Bishop Thomas Gumbleton, who passed away Thursday at the age of 94.

Complete Article ↪HERE↩!

Posted on

Lawyer for sex abuse victims says warning others about chaplain didn’t violate secrecy order

Lawyer Paul Sterbcow, left, with his client, attorney Richard Trahant, talks to reporters outside the federal appeals court building in New Orleans, Wednesday, April 3, 2024. Trahant is appealing a $400,000 court sanction for allegedly violating a bankruptcy court secrecy order by alerting a school principal and a reporter that a suspected child predator was working as a chaplain at a high school.

By KEVIN McGILL

A New Orleans attorney facing a $400,000 court penalty for warning a school principal and a reporter about a high school chaplain who was suspected of being a sexual predator took his case to a federal appeals court Wednesday.

Richard Trahant, who represents victims of clergy abuse, acknowledges having told a reporter to keep the chaplain “on your radar,” and that he asked the principal whether the person was still at the school. But, he said in a Tuesday interview, he gave no specific information about accusations against the man, and did not violate a federal bankruptcy court’s protective order requiring confidentiality.

It’s a position echoed by Trahant’s lawyer, Paul Sterbcow, under questioning from members of a three-judge panel at the 5th U.S. Circuit Court of Appeals.

“Here’s my problem. I think I have a moral obligation to disclose something I find out about someone to protect them,” said Judge Priscilla Richman. “But the court has said unequivocally, ‘You are under a protective order. You cannot violate that protective order.’ I do it knowingly. I may have good intentions, but I do it knowingly. To me, that’s an intentional, knowing violation of the order.”

“Our position is that there was no protective order violation,” Sterbcow told Richman, emphasizing that Trahant was cautious, limiting what he said. “He’s very careful when he communicates to say, I’m constrained by a protective order. I can’t do this. I can’t do that, I can’t reveal this, I can’t reveal that.”

Outside court, Sterbcow stressed that it has been established that Trahant was not the source for a Jan. 18, 2022, news story about the chaplain, who had by then resigned. Sterbcow also said there were “multiple potential violators” of the protective order.

The sanctions against Trahant stem from the Roman Catholic Archdiocese of New Orleans’ filing for Chapter 11 bankruptcy protection in 2020 amid growing legal costs related to sexual abuse by priests. The bankruptcy court issued a protective order keeping vast amounts of information under wraps.

In June 2022, U.S. Bankruptcy Court Judge Meredith Grabill ruled that Trahant had violated the order. In October of that year she assessed the $400,000 penalty — estimated to be about half the cost of investigating the allegations of the alleged protective order violation.

The appeal of the bankruptcy court order first went to U.S. District Judge Greg Guidry, who upheld the sanctions. But Guidry later recused himself from handling matters involving the bankruptcy case after an Associated Press report showed he donated tens of thousands of dollars to the archdiocese and consistently ruled in favor of the church in the case involving nearly 500 clergy sex abuse victims.

The bankruptcy case eventually was assigned to U.S. District Judge Barry Ashe, who last year denied Trahan’s motion to vacate the sanctions.

Richman at one point in Wednesday’s arguments, suggested that Trahant should have asked Grabill for an exemption from the protective order rather if he thought information needed to get out. It was a point Attorney Mark Mintz, representing the archdiocese, echoed in his argument.

“If we really thought there was a problem and that the debtor and the court needed to act, all you have to do is pick up the phone and call,” Mintz said.

Sterbcow said Trahant was concerned at the time that the court would not act quickly enough. “Mr. Trahant did not believe and still doesn’t believe — and now, having reviewed all of this and how this process worked, I don’t believe — that going to the judge was going to provide the children with the protection that they needed, the immediate protection that they needed,” Sterbcow said told Richman.

The panel did not indicate when it would rule. And the decision may not hinge so much on whether Trahant violated the protective order as on legal technicalities — such as whether Grabill’s initial finding in June 2023 constituted an “appealable order” and whether Trahant was given proper opportunities to make his case before the sanction was issued.

Richman, nominated to the 5th Circuit by former President George W. Bush, was on the panel with judges Andrew Oldham, nominated by former President Donald Trump, and Irma Ramirez, nominated by President Joe Biden.

Complete Article ↪HERE↩!