Tuesday, June 28, 2016

Statutes Of Limitations

The statutes of limitations establishes time limits on reporting the crime.  It exists so prosecution can proceed while memories are fresh and evidences and witnesses are still available.  The statutes of limitations usually start on the date the crime was committed and places responsibility on the victim for reporting the crime.  The victim is made aware that the more time elapses, the more difficult to prosecute any perpetrator in a court of law. 

Three alleged victims have accused Archbishop Apuron of sexually molesting them.  One of them accused him of sexually molesting her son.  All of them support lifting the statutes of limitations on sexual abuse.  And the jungle is misleading them into thinking that they can bring a criminal lawsuit against Archbishop Apuron once Bill 326-33 is passed into law.  According to the jungle:
I told you not to ask Rome for help. Let's do this ourselves. Today's public hearing was the first step. We're going to pass this bill and get it signed into law and then we are going to clean house. Anyone dirty better run now. 
Even if passed into law, one cannot press charges against Archbishop Apuron using the new law.  According to a legal website:
States cannot retroactively change the rules to allow prosecution of crimes that are already barred by an existing statute of limitations. For example, assume that Will sexually molests a teenager named Joe. Joe doesn’t report what happened for many years. By the time he tells the police about the molestation, the statute of limitations has expired. Although the legislature can enact a new law that would allow the state more time to prosecute offenders, that new law won't apply retroactively to Will's case. (Stogner v. California, U.S. Sup. Ct. 2003.) 
You can read the U.S. Supreme court case of Stogner v. California here.  This is probably what B.J. Cruz meant when he said that it may be unconstitutional in that it goes against the ex post facto law.  The new law cannot change the rules to allow prosecution of crimes that have already been barred by an existing statute of limitations.   

 All four alleged victims accuse Archbishop Apuron of sexual molestation about 40 years ago.  The statutes of limitations have already expired; therefore, even if Bill 326-33 is passed, it cannot apply to their allegations.  However, it does not prevent Archbishop Apuron from filing a defamation lawsuit and probably even charge them with criminal conspiracy if the case warrants it. 

52 comments:

  1. Even more, the statute of limitation has already been lifted for a 2 years long time period, giving a window of opportunity to everyone. There are constitutional limitations about re-visiting these kind of legislative items over and again. Read also this:

    PACIFIC DAILY NEWS

    But, there is a major problem with this approach in Guam. This isn’t the first time our Legislature has opened a window of opportunity to civilly pursue past incidents of child sex abuse. In 2011, senators passed a law giving past victims of child sexual abuse a two-year window of opportunity to file a civil lawsuit. No one did.

    Although appellate courts may allow a legislature to alter the civil statute of limitations for pursuing cases of child sexual abuse once, there is serious doubt that they will allow it twice. This may well be considered an "expo facto" law.

    http://www.guampdn.com/story/opinion/columnists/2016/06/26/prospects-justice-dim/86371444/

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    1. CCOG exposed its plan of destroying NCW on island. They bribed corrupt politicians who will put pressure and use the power of dirty politics in the Senate of Guam to force through an unconstitutional bill that will authorize them to link the testimonies of alleged sexual abuse victims to the RMS.

      It is a blatant political blackmailing that intends to free monetary responsibility of the corporation sole owning RMS for alleged sexual crimes that were allegedly committed over 40 years ago. It is a transparent plot to bring the NCW into their grand desing of sexual abuse accusations so that they may put a hand on the assets of NCW.

      It is not only a rabid political agenda to damage Catholic faith life on Guam and destroy their perceived personal adversaries, it is also a well thought-off clandestine operation to embarrass Vatican and grievously undermine the authority of Catholic Church leadership, eminently of Pope Francis. Yes, it is apparently a very wide and overarching anti-Pope activism, folks!

      Honest politicians of proper education would be abhorred from joining this kind of malicious plotting in any country, especially in the mainland where constitutional thinking and respect to the laws are in high esteem and indispensable political standards. But here in a far-away spot in the Pacific Ocean, it seems like, your career as a politician is very much dependent on supporting and being part of suspicious agendas on demand by barely known entities.

      This whole story could happen only on Guam, folks, only on our beautiful island! Nowhere else this could be tolerated. But don't be discouraged, the world will look at all these anti-Catholic dealings with curious eyes and will promptly recognize the fanatics of sheer destruction hiding behind. They are the ones who will be made responsible.

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    2. Here is an open call for lynching uttered by one of Rohr's sherpas. It is dirty. It is vituperation. It is as ugly as the soul of these unbridled fanatics.

      AnonymousJune 29, 2016 at 12:52 PM

      "To purge the local Church of these Monsters, we must get to the source of their monstrosity -- the Neocatechumenal Way."

      http://www.junglewatch.info/2016/06/guam-blog-weighs-in-on-our-cause-to-go.html?showComment=1467168726160#c1492529747044283061

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  2. The Church leadership was absent during the hearing? Why is that? They hold have been at the fore front of this.

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    1. Dear Anonymous at 10:12 am,

      They were absent because there was no hearing on child sex abuse.

      Delete
  3. They were already represented by some catholics....you know who they are...
    Didnt agree with the aporoach though..
    It seems like publicity stunt for other reasons.....

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    1. Jungle fanatics act like the sans-culottes in the French Revolution. They want to intimidate the legislation and coerce their agenda of on senators. Their blood thirsty leader is like Jean-Paul Marat the famous demagogue who demanded guillotine to everyone whom he disliked. Junglewatch is the revolutionary journal of Marat for the unsuspecting people of Guam. It is the voice of hatred, lynching and vituperation.

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  4. Don't you want these allegations examined, Diana? Why not?

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    1. Dear Anonymous at 10:47 am,

      Yes, and the Holy See will examine them. I do not care for witch hunts.

      Delete
  5. hey is the bishop is innocent, why worry about all the legalease right?

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  6. Babe this isn't for lifting criminal statutes. It's for lifting civil so they can file a civil lawsuit against their perpetrator.

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    1. Dear Anonymous at 2:21 pm,

      Who said anything about lifting criminal statutes? Sex abuse is a crime and therefore allows for a criminal charge.

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    2. Everything you are talking about references criminal statutes. The bill at the Guam legislature is to lift the CIVIL statute of limitations so the victims can file a civil lawsuit against the perpetrator. That is NOT the same thing as prosecution of a crime. Two totally different things.

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    3. "Who said anything about lifting criminal statutes?"

      Is this another Diana now? Do you not even remember what you wrote and quoted in your OP? Let me remind you:

      "...thinking that they can bring a criminal lawsuit against Archbishop Apuron...."

      "...press charges against Archbishop Apuron...."

      "States cannot retroactively change the rules to allow prosecution of crimes that are already barred by an existing statute of limitations.."

      "The new law cannot change the rules to allow prosecution of crimes..."

      So, your entire argument is that this Bill will not allow the prosecution of crimes by a prosecutor. Yeah...and? What about seeking damages in the civil court?

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    4. Dear Anonymous at 3:38 pm and Anonymous at 4:28 pm,

      The burden of proof would be on the accusers even if they file for civil litigation. They would have to show evidence of sexual abuse, which is a crime.

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    5. Diana it's a different burden of proof in civil versus criminal court. Please don't speak of legal matters of which you don't understand. The bill is for civil lawsuits.

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    6. Dear Anonymous at 6:30 pm,

      Even in a civil lawsuit, you still need to show proof. It is the same with Archbishop Apuron who plans to sue for defamation. He cannot simply go to court and say he wants to sue for defamation. The burden of proof would also be on the Archbishop.

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    7. Of course you have to show proof. This whole back and forth debate was because you were referencing criminal charges and statute of limitations. I pointed out its for lifting civil not criminal. You said well you still have to prove a crime. I said there are different burdens of proof. And now you agree as if that's what you were saying all along?

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    8. Oral testimony by witnesses = evidence or "proof" as you put it. The plaintiffs would have the burden of proof in a civil suit. Plaintiffs need to prove their case by a "preponderance of the evidence" commonly explained as a "more likely than not" standard of proof. We can argue about whether that evidence is credible but it would be up to the trier of fact to determine.

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    9. Malicious lies and made-up fake stories of accusations do not qualify as evidence. Uniformly written pornographic testimonies are SNAP inventions. SNAP is a professional organization making up stories to damage the Catholic Church! Not any shred of these stories rings true at scrutiny.

      There is no way that yelling loud, filling the media with trash and bullying church officials could make lousy fairy tales accepted at any court of law. Violent thugs won't be given credit who yell their heads off and blackmail an Archbishop of the Catholic Church, a member of the Curia , who was appointed by Vatican as appointed church administrator! These fanatics will have to learn to behave first in a culturally acceptable manner.

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    10. Civil lawsuits are very different from criminal cases.
      With criminal cases the jury has to vote UNANIMOUSLY either Not Guilty or Guilty.
      With civil cases all that is needed is a MAJORITY vote For or Against the accused by the jury. So all that's needed is a 9-3 vote.

      Just remember how in the criminal case OJ Simpson was found Not Guilty because his guilt could not be proven beyond a reasonable doubt.
      But in the civil case, OJ Simpson was found to be liable for the death of his wife and had to pay for damages by a vote of 9-3.
      Archbishop Apuron will never face criminal charges but if the statute of limitations is removed, he can be sued in civil court and pay for the damages caused to his victims.

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    11. Why can't archbishop Apuron "simply go to court and say he wants to sue for defamation"??? He ALREADY SAID he has a prominent law firm to represent him. Archbishop Apuron said that the victims told malicious and calumnious lies. What's stopping him?

      You say "The burden of proof would also be on the Archbishop." He has the proof in the recordings of the press conferences. He has character witnesses who are priests and deacons who all say the accusers are liars. Isn't that enough proof? What else does he need?

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    12. Dear Anonymous at 4:09 pm,

      OJ Simpson was found liable because his wife was found dead. The body is the evidence. The sexual allegations, on the other hand, is different. The only thing the alleged victims have is their own testimony. Archbishop Apuron, on the other hand, has the inconsistent stories and tape recordings of Tim Rohr's association with the victims including the bizarre way of their coming out in public at the bidding of Tim Rohr along with other things the Archbishop's lawyers have uncovered in the conspiracy to remove him.

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    13. Dear Anonymous at 4:16 pm,

      Before he files any lawsuit, he needs to take care of one important thing with the Holy See. It is the Holy See who is tasked to investigate the sexual allegation against him. That must come first before he files any civil lawsuit.

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  7. I will ask Senator Blas's office for an electronic copy if the proposed bill. That way you can read it for yourself.

    I was hoping some of you would come out STRONG in support of this bill. Any victim testifying will obviously use their story as a basis. It's logical!

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  8. Meantime, in the real world: while Rohr-fanatics play their silly games of destruction of the Catholic Church and its leaders, the Supreme Court hands over a victory to abortion supporters.

    Supreme Court strikes down Texas abortion access law
    http://edition.cnn.com/2016/06/27/politics/supreme-court-abortion-texas/

    Clinton hails Texas abortion decision a 'victory for women'
    http://www.theguardian.com/law/2016/jun/27/us-supreme-court-abortion-clinton-trump-sanders-november-election

    Of course, neither Rohr-fanatics, nor CCOG members are concerned any bit with abortion. Their number one agenda is using dirty politics to crucify local church leadership. There is nothing they would be concerned with more, but politics and politicizing church issues. They are effectively selling out the Catholic Church to liberal politics.

    This is wrong, this has to stop! The church is not a political entity. Freedom of religion from undue interference from politicians is guaranteed by the constitution! Stop politicizing church related issues, stop playing dirty politics with our beliefs!

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    1. I have always thought that Rohr's "anti-abortion" travesty is suspect. He is feasting on the gullibility of simple minded people who think verbally fighting for fetusi is a sign of great devotion to our Church.

      Well, it is not. Rohr is fighting verbally only to get the trust of others, penetrating the circles of devotees. But he is not one of them. He only uses them and charges them to do the hard job while he sits back and protects his assets.

      Rohr is repelling people from the anti-abortion camp by abusing suggestive pictures and exaggerating his self importance. He is causing grave damage to the movement by painting an image of those who support the teaching of the Catholic Church on abortion as senseless fanatics. This is following the vested interest of the anti-church liberal media, the SNAP and the ACLU, as well.

      It is like using the abortion issue as a stepping stone to gain traction and influence. Not an honest or genuinely caring attitude at all! This is why we have to seriously question and doubt the anti-abortion credentials of Rohr and his anti-establishment fanatics. Who is using them as Trojan horses to cause pain and suffering to both church leadership and the faithful flock?

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    2. Seriously? Before the whole Fr. Paul thing all Tim Rohr was known for was his pro-life activities. He started Esperansa to promote pro-life legislation. He helped write the few anti-abortion laws that have been enacted. You really think that only "simple minded people" are pro-life? Wow.

      Of course he was also known as Archbishop Apuron's mouthpiece. But that stopped in 2013 (or maybe even earlier)

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    3. You see how a flip-flop "Catholic" Rohr had been all along?! He invented and used esperansa, a facade of fake activism, to hide behind and penetrate the organization as persons of secret agendas do. That's why many gullible people of good intention believe him. But he is not truly pro-life, he is pro-Rohr first and foremost! He is looking his own interest above all.

      What he wanted was the trust of the local church leadership to penetrate Catholic circles for power. Once he had the trust and power, he turned around, attacking and selling out his former friends and comrades by the pound for monetary gain. Is this not the same thing he did as an Amway agent ripping the gullible from their assets and investments and then laughing them off? Come on, be real and see through this man already!

      You are right, Rohr even penetrated the legislation by influencing corrupt politicians. It is the job of senators and their professional aids to write pieces of legislation and law. It is not the job of unelected people to write the law! But Rohr managed to penetrate the circles of power and decision making in such a manner that they gave him a free ride to write bills and exercise political power on the back of others!

      In fact, he took credit for the wording of some bill in order to increase his influence and power to silence his critics and adversaries. He publicly bullied, ridiculed, intimidated and mentally terrorized his opponents through his media connections the same way he is doing it now! This is insane, this institutionalized amateurism could not happen in any other part of the civilized world, only on tiny and culturally isolated Guam.

      Open you eyes, my friend. Esperansa is not even Catholic. The bloody picture horror show Rohr is playing with fetusi is a Southern Baptist invention from the mainland! Lol. It is their strategy that, in particular, led to the Atlanta Olympic bombing and killing, a terrorist act of indecent nature by Eric Rudolf, a Rohr-like fanatic! It is not a Catholic thing in any bit!

      https://en.wikipedia.org/wiki/Centennial_Olympic_Park_bombing

      Now, the same power Rohr accumulated by fake activism is used directly against the church establishment and leadership. He is shunning Archbishop Savio who was appointed by Vatican to oversee the archdiocese. By this he is turning against Rome and against Pope Francis! His true colors are not Catholic at all. His true colors are anti-establishment and anti-church. He is bedfellow of SNAP and ACLU in bringing their actions to Guam. These are powerful reasons why we have to seriously question Rohr's attitude toward his own church, including his anti-abortion credentials, as well!

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  9. One has to see that the primary goal of jungle fanatics is acquiring political power. They only use the stances of our church to make advances with their agenda. They only use the abortion issue to gain popularity among believers. But their anti-abortion utterances are just as fake as all their dealings.

    It is apparent to any objective observer that even their leader Rohr uses the abortion issue to forge an anti-abortionist image about himself and build a facade of fake activism around it. But the abortion issue has never been important for him! He only used it as a stepping stone to penetrate the circles of Catholic fundamentalists and get the trust of people. Now he uses the same people as sponsors and monetary resources of his fake political activism.

    Why is it important for Rohr to crucify both Archbishop Hon and Archbishop Apuron? Why is his number one priority blowing big and even bigger scandals inside the church every single day until irreversible damages are done? Why is he making alliances and accepts sponsorship from anti-Catholic organizations as SNAP and ACLU, the biggest supporters of abortion in America? Why is he collaborating with those who promote abortion rights and an unrestricted access to free abortion? Is this not insane?! In his rabid political aspirations, he is lying in bed with the fiercest enemies of Catholics around the world.

    Well, Rohr will never ever answer these questions. He keeps his secrets apart even from the fools who step on the heels of each other to follow him blindly and pay homage to the evil mastermind.

    In order to see the big picture you only need to have a hard look at the real world that is not enclosed in the daily insipidity of detached special interest politics. Then you will see that Rohr fanatics and CCOG only distract attention from the real Catholic issues so that they can freely advance their political agenda, hand-in-hand with shameless promoters of limitless abortion. They want to capture, dictate and eventually eliminate the influence of Catholic life on Guam.

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    1. Rohr and SNAP surely make strange bedfellows. Lol! See SNAP exposing itself at an anti-Catholic conference:

      "Sipe is a former Benedictine monk who has been ripping the Church for years. He bluntly told the crowd, “The Church is corrupt.” Worse, he opined, “Abuse is only the tip of the iceberg.” He did not allude to what was next. Without evidence, he claimed that “six to nine percent of priests are involved in the sexual abuse of minors.”"

      A description of what transpired at the conference: “Each presenter in this session exhibited a very high level of hatred and anger towards the Church. They exhibited a visceral, deep-seated hatred of the Church.”

      https://www.catholicleague.org/snap-exposed-unmasking-the-survivors-network-of-those-abused-by-priests/

      See also the Media Reports at:
      http://www.themediareport.com/hot-topics/snap-survivors-network-of-those-abused-by-priests/

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    2. SNAP systematically and routinely bribes politicians to pass anti-Catholic bills at state legislation. Here is a recent report on a failed New York abuse bill sponsored by SNAP. The bill was defeated by common sense!

      BIG LOSS FOR VICTIMS’ LOBBY, June 20, 2016

      The bill was sold as justice for the victims of sexual abuse, when, in fact, it was a sham: the proposed legislation that failed to make it to the floor of the New York State legislature in the wee hours of Saturday (the session that began on Friday ended at 5:00 a.m. the next day), was a vindictive bill pushed by lawyers and activists out to rape the Catholic Church.

      If the statute of limitations were lifted on offenses involving the sexual abuse of minors, the only winners would be greedy and bigoted lawyers out to line their pockets in a rash of settlements. The big losers would be the poor, about whom the attorneys and activists care little: When money is funneled from parishioners to lawyers, services to the needy suffer.

      The Catholic League is proud of its role in this victory."

      http://www.catholicleague.org/big-loss-for-victims-lobby/

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    3. "A vindictive bill pushed by lawyers and activists out to rape the Catholic Church."

      This is exactly what CCOG wants to do. They are the hired surrogates for SNAP on Guam.

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  10. Falsely Accused Priest Finally Fights Back! Missouri Cleric Files Federal Lawsuit Against False Accusers, SNAP, and St. Louis Police

    In his lawsuit, Fr. Jiang [the accused priest] sets forth a litany of facts which demonstrate just how crazy one accuser's claims were from the start.

    As for his suit against SNAP, Jiang argues that the trial lawyer-funded group "conducted a defamatory smear campaign against Fr. Joseph throughout the case." SNAP published media statements which were "false and malicious" and "were extremely damaging to Fr. Joseph's reputation. They were calculated to inflame public opinion against Fr. Joseph, without any regard for the truth or the facts of the case."

    The priest's suit also asserts that SNAP was involved with both the accusers and St. Louis police in a "conspiracy" against Fr. Jiang.

    http://www.themediareport.com/2015/06/30/rev-jiang-lawsuit-snap/

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  11. What is frightening is the sheer madness you see in the eyes of the fanatics like Bob Klietzkie. It is the eye of a point black shooter. Here is my question to Klietzkie:

    Bob, what wrong did we people, living on Guam, do to you or to your family that you hate us so much? Bob? Please, answer!

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    1. Senator Klitzkie, please, answer the question!

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  12. Its called Justice.

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    1. your justice I suppose; are you ready for God's JUSTICE?

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    2. justice as a means to get money. What do you know about JUSTICE?

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    3. Mad people with a rabid agenda are hardly ever concerned about justice. All they want is mauling and wounding people.

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  13. Diana this is about anthony apurons abuse over 45 years followed by abuse of his episcopacy. Understand our people are turning gainst him because of his abuse.

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    1. Dear Anonymous at 11:23 am,

      A FEW people are against him because they have been misinformed. These people do not represent the entire Catholics of Guam.

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    2. How were we misinformed? Please share.

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    3. Dear Anonymous at 11:23 AM,

      'anthony apurons abuse over 45 years followed by abuse by his episcopacy'. There is a problem with statements like this. Pure conjecture without citing any specific instances for the purpose to fan the flames of hate. Throw enough mud and see what sticks. Keep repeating (without concrete details) and after a while, people will believe. Keep repeating and repeating and people will believe because it is constantly in the media. Shameless slander.

      Is this how Christians show love for the brother?

      - Romans 12:19 Beloved, do not look for revenge but leave room for the wrath; for it is written, “Vengeance is mine, I will repay, says the Lord.”
      - Matthew 7:1-5 1 “Stop judging, that you may not be judged. 2 For as you judge, so will you be judged, and the measure with which you measure will be measured out to you. 3 Why do you notice the splinter in your brother’s eye, but do not perceive the wooden beam in your own eye? 4 How can you say to your brother, ‘Let me remove that splinter from your eye,’ while the wooden beam is in your eye? 5 You hypocrite, remove the wooden beam from your eye first; then you will see clearly to remove the splinter from your brother’s eye.
      - Matthew 8:7 But when they continued asking him, he straightened up and said to them, “Let the one among you who is without sin be the first to throw a stone at her.”
      - John 12:46-48 46 I came into the world as light, so that everyone who believes in me might not remain in darkness. 47 And if anyone hears my words and does not observe them, I do not condemn him, for I did not come to condemn the world but to save the world. 48 Whoever rejects me and does not accept my words has something to judge him: the word that I spoke, it will condemn him on the last day,

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    4. it is hypocrisy to say we are concerned Catholic's if we do not know Jesus Christ; the Son...and if you say that you do; how obedient are you? HINT!!! Read the Sermon of the Mount and ask yourself how OBEDIENT you are. The actions of the so called ccgc is HYPORCITICAL to any teaching of Jesus Christ.

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  14. Idolizing man, as the jungle idolizes Rohr, is from the devil. Our Lord Jesus said there is only one God in heaven who is Lord of all.

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    1. Idolizing man? You mean like the neos idolizing Kiko?

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    2. Dear Anonymous at 9:39 pm,

      We do not idolize Kiko. That is one of the misinformation you have been led into believing. I walk in the Way, and I am saying that we do not worship Kiko.

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    3. And yet you think that those who support Tim Rohr idolize or worship him?? That's too funny.

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    4. Diana - I walk in the Jungle and I am saying that we do not worship Tim Rohr.

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    5. Dear Anonymous at 9:02 pm,

      Then let us come to an agreement. The NCW does not worship Kiko and the junglefolks do not worship Tim Rohr. Do you agree with that?

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