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A slew of in limine motions filed this past week by former Mater Dei High School boys' basketball coach/admitted statutory rapist Jeff Andrade and his former employers, the Catholic Diocese of Orange. Andrade's lawyers moved that any potential jury not hear "in any manner, either directly or indirectly, any reference to documentation, witness testimony and/or opinions that refer to any allegation that [Andrade] was criminally prosecuted or not criminally prosecuted as a result of his sexual relationship with the [15-year-old] plaintiff." The lawyers claim the fact that Andrade wasn't criminally prosecuted is "irrelevant" to the case. Never mind that Andrade originally lied to authorities and received $100,000 for it.
Diocesan lawyers, on the other hand, don't want the public to know about many more things:
*that former coach John O'Shea once carried a gun on campus. They claim this fact "has nothing to do with the allegations in this case and instead appears to be only likely to confuse the issues." Um, no.
*They don't want the plaintiff's attorney, John Manly, to introduce "evidence or referencing in any way rumors or allegations of sexual abuse involving persons other than Andrade, or the handling thereof." Basically, Orange Bishop Tod D. Brown doesn't want prospective jurors to know Mater Dei has historically been a beehive of statutory rapists in its illustrious history. If jurors knew about this, the Orange diocese argues, a "fair trial...will be impossible." As if it's not already considering the guy being sued admitted to having sex with a 15-year-old?
Interesting disclosure in this motion. Brown's legal team notes that the Orange diocese has settled "approximately 100 other abuse cases" since the 1950s. Everyone knows about the 90 cases settled in 2004 for $100 million, plus about seven others settled in the 1990s. That leaves about three that have never been publicly revealed. New game: guess the pedophile priest!
*Also a big no-no for the Orange diocese is Manly "referring to...Andrade being present on Mater Dei's campus at any time after August 1997" because it "would only serve to confuse, mislead and potentially inflame the emotions of the jury" and serves as a "red herring in this litigation." This point is hilarious, in that it seems absolutely preposterous for Mater Dei officials to allow someone they fired for molesting a student back on campus--but it happened. That's somehow not relevant in this case?
*Bishop Brown doesn't want Manly to refer to the Orange diocese leadership as a "hierarchy." "The word 'hierarchy' conjure an image of an elite kingdom," diocesan lawyer James M. Hansen writes. "It implies power, authority, and dominion and has no bearing on the issues presented in the present action." Except...no less an authority than the Holy See uses 'hierarchy' to describe itself. Will Hansen also serve Pope Benedict XVI with papers?
*Nor does he want Manly to ask witnesses "their opinions as to the fault of the various parties involved in this action."
*Most importantly, the Orange diocese does not want jurors to know that Mater Dei coaches went to strip clubs--never mind that it happened.
Orange County Superior Court Judge Gail Adler is expected to rule on the diocese's motions today. Stay tuned for further detail...
September 25, 2007 17:52
It appears the lights are on but is anyone at the Diocese of Orange attorneys' offices?
Disgracefully, the Diocese of Orange has not learned one lesson since the clergy sex abuse crisis erupted in 2002. After settling 87 lawsuits for $100 million in December 2004, 2 1/2 months BEFORE the Diocese of Orange paid Jeffrey Andrade $100,000 to drop his lawsuit, one would think that Bishop Tod Brown would re-evaluate the legal advice the Diocese of Orange General Counsel and defense legal team give to him.
One has to wonder why Diocese attorneys would have the arrogance and guts to waste valuable court time and tax dollars, making motions to exclude evidence that would allow Jane Doe's attorneys to prove that the Diocese of Orange continues to operate schools and churches with a total disregard for the federal and state laws of the land... Some examples:
1. Illegal business and employment practices that deny employees due process of the law in their yearly employment contracts, whistleblower protections, a workplace free from retaliation and sexual harassment;
2. Fails to supervise and train employees/mandated reporters how to utilize government agencies that are experts in investigating child abuse and/or school zone violence reports, without intentional fraudulent reports to discredit an employee, parent or student in a court of law.
3. Fails to supervise and train employees/mandated reporters about the evils of gossip, innuendos, defamation and interfering with the privacy and families of persons, students and/or employees who have been denied fairness in accordance with federal and state labor laws.
4. Fails to supervise and train employees/mandated reporters about what it means to commit perjury in a court of law or in a deposition.
We can only pray that Judge Andler does not allow the Diocese of Orange General Counsel, Maria Rullo Schinderle, one of the supervisors who authorized paying an admitted sexual predator $100,000 in the Andrade suit against the Diocese in March 2005, to meet in the Judge's chambers during trial, in SECRET. Judge Dennis Choate allowed this type of SECRET meeting without providing ALL parties with an explanation.
Sadly, if the appropriate Orange County law enforcement agency had thoroughly investigated previous reports of perjury, conflicts of interest and obstructions of justice committed by employees of the Diocese of Orange in the past, Jane Doe's right to a day in court, free from violations of the law would be a slam dunk! Now, Jane Doe's attorneys have to deal with potential witnesses who have walked from of perjury charges in the past.
Does anyone know if attorney Michael John Peffer, formerly with the firm of McCune & Harber when it counseled the Diocese of Orange to pay Jeff Andrade $100,000 in March 2005, who then left the firm to join Sullivan & Ballog, the firm who represents the OC Sheriff, the Diocese of Orange and the LA Archdiocese simultaneously (they all protect one another--maybe it is a fee sharing deal), will have enough time to leave that firm to join the Callahan McCune & Willis legal team before Jane Doe's trial.
One can only imagine how much valuable INFORMATION SHARING and potential CONFLICTS OF INTEREST would assist the Diocese of Orange legal team in discredit Jane Doe in a court of law. Afterall, it is not Jane Doe is the first former Mater Dei student who was sexually abuse under the noses of Diocese of Orange attorneys.
God bless you Jane Doe and so many others who seek justice and truths.... you will be in our thoughts and prayers!!!!!
September 27, 2007 08:44
Did the diocese of Orange, as well as Mater Dei administration, know about coaches going to strip clubs? Did they do it together in an official capacity? If not, it is not relevant to the trial. Seriously, are diocesan officials and school administrators supposed to know everything about assistant/head coaches and teachers and janitors? And wouldn't seeking out this information cause other problems?
Do you go to strip clubs? Have you watched pornography before? Does your paper know this? Do your bosses ask about it? And do we have a right to know that?
"But they work with children." Nonesense. We don't have a right to expect knowledge about the inner workings of the people who work with our children. What we can expect is high moral/ethical standards during the time they work with our children: something which clearly did not occur in this instance, as well as holding people legally culpable for their illegal actions.
September 27, 2007 09:09
James: McKnight and Andrade went as Mater Dei coaches. And not only do I watch porno, I even wrote an entire essay about watching porn when I was a teen. But you're using me as a red herring: the point is that the Orange diocese posits itself as a transparent organization, then goes on and tries to strike testimony from the record. I make no such claims of holiness, on the other hand--unless you count Holes, Holes, Holes! #8
September 27, 2007 22:56
I used to be a sports editor for a chain of small weeklies in Southeast Los Angeles County. At the time (1986-87), John O'Shea was the head football coach at Leffingwell Christian High School in Norwalk (since closed). O'Shea went to Mater Dei in 1989, I believe. I would love to know why he was carrying a gun on campus; I never heard such stories when he was at Leffingwell Christian.
Gustavo, if you're reading this, please e-mail me. Thanks.