Lawyer calls Law flight risk: Wants cardinal's passport impounded

A lawyer seeking to depose Bernard Cardinal Law in a sexual abuse case later this month petitioned a court yesterday for a temporary restraining order to impound his passport, calling the embattled prelate a potential flight risk who could be whisked away to Rome to avoid giving sworn testimony.

Houston and Bay State attorney Daniel J. Shea, who represents former Catholic Memorial High School hockey player David Carney, asked Suffolk Superior Court Judge Maria Lopez to bar Law from traveling to the Vatican before the May 29 deposition.

``He already left the jurisdiction surreptitiously once to go to Rome,'' Shea told the judge, referring to the cardinal's mid-April meeting with Pope John Paul II.

Of the pope's power to summon Law to Rome, Shea added, ``The defendant is literally under the control of an absolute monarch.''

Shea's motion was made ``ex parte,'' or without notification to the opposing counsel, a condition Lopez denied. But she did grant a second hearing tomorrow at which Law and his attorneys would be invited to argue their side.

Afterward, Shea said, ``I would assume he'd want to appear (tomorrow) to assure the court that he's not going anywhere. If not, then I'll use that as `prima facie' evidence that he may not appear.''

Neither archdiocesan officials nor Law's chief counsel, Wilson D. Rogers Jr., would comment. In previous interviews, officials have stated Law will appear for a June 5 deposition in a child sexual abuse suit against the Rev. Paul R. Shanley.

Also in attendance was Carney, who alleges Monsignor Frederick Ryan molested him as a high school freshman two decades ago.

``I'm letting the actions take their course,'' he said. ``Like (Shea) said, we shall see.''

All correspondence involving Law in Vatican policies on child sexual abuse, secret or otherwise.

Complete files on Ryan, Shanley, and former archdiocesan personnel chief Bishop John B. McCormack of Manchester, N.H.

An explanation of a note from Shanley to McCormack, stating, ``Here's the latest batch'' in reference to material shared with Ryan, who is accused of taking indecent photos of Carney and others.

Shanley's church files were also the subject of a Middlesex Superior Court hearing yesterday, where both Rogers and Frank Mondano, who represents Shanley individually, raised new objections to the release of documents relating to the priest's medical records.

Mondano told Judge Janet L. Sanders his client never waived his right to keep those records private from the archdiocese itself. As a result, Mondano said, those papers should not be released to the many plaintiffs suing Shanley for rape and sexual abuse and the church for negligent supervision.

Roderick MacLeish Jr., attorney for Newton's Gregory Ford, who alleges he was raped by Shanley as a boy, scoffed at the idea the church ``has somehow illicitly obtained Shanley's medical records.''

Sanders agreed to review the records to see if any privacy privilege applies. MacLeish said the records will offer further proof that Law and his subordinates were aware of Shanley's proclivities toward ``man-boy love'' and other acts but covered it up.

All parties agreed to a May 14 court date to discuss the judge's findings. Mondano suggested Shanley, who was seen this week in San Diego, would be willing to appear in person to assert he never waived the medical privilege.

As in past cases, Rogers said the church enjoys a First Amendment right to keep records about hiring or transferring religious workers from the courts and the public.

In a rare display of emotion, Rogers told the court he was offended by ``continuing innuendo'' on the part of plaintiffs' attorneys suggesting his firm and the church were not moving speedily to make files available.

``They are understaffed and going through hundreds of files,'' he said of archdiocesan officials.

MacLeish countered the church has missed deadlines or misled his clients and other lawyers about records on many occasions. ``None of this is new to them,'' he said. ``They are masters of delay.''

Also, at Our Lady's of Newton, the church Ford's mother, Paula, attends, parishioners demanded Law explain Rogers' use of legalistic language implying that her son was responsible for his own abuse.

Given that Law has avoided depositions by multiple postponements in the past

Cardinal Law is a *very* busy man. Heck, he was so busy that he couldn't even attend the Cardinals press conference after their meeting with the Pope.

I anticipate many more requests for postponement even if he is not spirited away to the Vatican for a new job.

Whether the Court allows this depends on whether the Court is bought and paid for by the Vatican and the Kennedy family.

There were national news stories concerning Law after the Vatican meeting suggesting he wuold be called to take up a position in Rome prior to the date of the scheduled deposition.

Indeed, leading many here to publicly denounce the Vatican a priori for "hiding" Law from the American justice system. The fact that he might be moved to Rome does not necessarily mean that he would not answer to the American courts.

Given that Law has avoided depositions by multiple postponements in the past in other cases and that he has sought to avoid appearing in this case, it seems to me there is a prima facie case to be made that Law is indeed a flight risk. If so, especially given the records he is required to show up with, Cardinal Law should be required to remain in the US until his deposition is finished.

Actually, I agree. I just don't think that being accused of being "surreptitious" when there is no such order is silly.

>>>Crocodile tears, counsel.

Crocodile tears go both ways OPH, the plaintiff's lawyer is trying this in the press hoping to embarrass Law into a nice settlement. It appears the best facts in his favor here are that he has filed a notice of deposition for the Cardinal.

>>>>I didn't call him an ***hole, I called him a slug-brained ***hole..."

Dang, all I've had is a lawyer leaning accross the table accusing me of insulting the sovereignty of Sweden.

Let me try that again.

Dang, all I've had is a lawyer leaning accross the table accusing me of insulting the sovereignty of Sweden.

To which you responded?

I laughed, and said it was his problem, not mine. He turned red and went on and on. He was upset.

You see, this was a very senior litigator at a very prestigious NY City firm. He had nice gray hair, all that. I was a youngster in my third year of practice taking a deposition in a big case with a billion or so at stake. He wasn't about to let me have any success with the witness.

So, I would ask a question, he would object. These first two steps were OK, with him, but the problem was with the third and fourth steps. I was ignoring him and his objections. (Oh the nerve of this little upstart, not taking the bait and getting into long drawn out arguments over objections! How dare he ignore me!) Even worse, the witness was actually answering me. So each objection he would lean farther and farther accross the table, trying to get more and more in my face. Eventually he gave up.

After the deposition was over and the tapes were turned off he started his tirade.

Unfortunately I had a hard time taking him seriously. That probably wasn't professional of me.

patent

Where it really gets contentious is when the lawyer instructs the witness not to answer questions for inappropriate reasons. Unless you have a judge you can call for a quick ruling, lots of time and money is wasted in legal fees with a jerk like the one you had to deal with.

At this point I go to every deposition assuming the other lawyer is going to be like that. I could let you know the first time I'm disappointed, but I might advise buying a lottery ticket. Your odds might be better.

Unfortunately the more money at stake, the more they seem to go that direction.

patent

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