Wednesday, September 14, 2016

Attorneys Ask To Dismiss Libel Case

In the news today, the attorneys for the Archdiocese of Agana and Archbishop Apuron have asked the Superior Court of Guam to dismiss the defamation and libel lawsuit.  According to the Pacific Daily News:

Archbishop Anthony S. Apuron and Archbishop Savio Tai Fai Hon this week asked the Superior Court of Guam to dismiss a $2 million libel and slander lawsuit against them, arguing Apruon’s statements about those accusing him of sexual assault are opinions that are not defamatory and have no legal grounds for a lawsuit.

In a 24-page motion to dismiss, apostolic administrator Hon, through his attorney Jeffrey Cook argued that Apuron’s denial of the sexual assault claims is not defamatory, Apuron’s statements are opinions, without legal grounds for a lawsuit, and Apuron’s statements are not about the plaintiffs, the motion states.

Cook also stated the archdiocese has publicly recanted and retracted the statements by Apuron, and will handle the serious allegations of sex abuse.

“As a legal matter, however, the statements complained of do not give rise to any valid cause of action,” Cook stated. “The court should dismiss the complaint.”

Apuron, through his attorney Jacqueline Terlaje, joined Hon’s motion to dismiss the lawsuit, uniting with Hon in the matter.

The four people who have accused the 70-year-old archbishop of sexual assault filed the $2 million libel and slander lawsuit against Apuron and Hon in July. Hon was appointed by the Vatican to temporarily run the Guam church, pending an investigation into the allegations made against Apuron.The first of three ex-altar boys to publicly accuse Apuron of child sexual abuse was Roy T. Quintanilla, who accused Apuron of molesting him on May 17. Doris Concepcion was the second person to publicly accuse Apuron of abusing her son, Joseph A. Quinata, when he was an altar boy. Quinata died 11 years ago.

In June, Walter G. Denton came forward and said Apuron raped him, followed by Roland P.L. Sondia who said Apuron molested him.

In July, Quintanilla, Concepcion, Denton and Sondia filed a lawsuit, accusing Apuron and the church of making defamatory statements against them, despite knowing, "there had already been a history of sexual abuse committed by priests in the Agana Archdiocese." Attorney Cook, in his motion to dismiss, noted all the public accusations against Apuron came after an advertisement calling for sexual assault victims was printed in the newspaper.

Apuron issued statements to the media after news of Quintanilla’s claims was published and after Concepcion’s accusations were published, denying the allegations.

Cook argued that only a small portion of Apuron’s May 17  statement is directed at Quinatanilla. “Apuron’s statement as to Quinatanilla was brief, confined itself to the allegations and contained no outrageous language or accusations about Quintanilla but delivered a straight-forward denial,” Cook stated in his motion.

As for Apuron’s statement issued after Concepcion’s allegations were published, Cook argued that portions of his May 31 statement are opinion and non-actionable, or they do not have enough legal grounds for a lawsuit. Concepcion was not named in the statement and the only statements from Apuron about Concepcion were that he strongly denied the accusation and the accusation was false, documents stated.

Cook said Apuron made no statements that affect Denton and Sondia. “Apuron’s administrative powers had been removed before these men came forward and Apuron never made any statements about either of them.”

Cook also argued that the Concerned Catholics of Guam should not be a party in the lawsuit.

Cook also argued the lawsuit fails to cite a valid slander claim regarding Apuron’s May 17 statement and that Quintanilla’s, Concepcion’s, Denton’s and Sondia’s claimed emotional and reputation losses don’t qualify as special damages. 

12 comments:

  1. The Attorney General need to look into Tim Rohr ??????

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    Replies
    1. Dear Anonymous at 3:01 am,

      Where did the OP say that?

      Delete
    2. I think 3:01 is saying the AG should investigate Tim Rohr...

      Delete
  2. Why do you only publish one side and never the other side? Is it cause you are being biased? Do you not want the truth to be published? In court, both sides (plaintif and defense) are heard. Why not just let it go to court?

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    Replies
    1. Dear Anonymous at 8:55 am,

      It is already well known that the alleged victims filed a slander and libel lawsuit. This post is a response to that lawsuit. The fact that the attorneys asked for a dismissal is the same as taking it to court. It is now up to the judge to decide who is right in this matter.....the plaintif or the defense.

      Delete
  3. Looks like Timmy is kicking out everyone who disagrees with him. I guess you have to agree with him 100$. There is no room for any difference of opinion with him.


    TimSeptember 16, 2016 at 9:09 AM
    Note to Mr. Daniel Lifschtiz re my unwillingness to publish your comments.

    At first you appeared to be on our side and we promoted you as such. However, you then decided to attack the people on our side, especially myself and Frenchie. We have no problem with people who attack us from the other side. We welcome it. But we throw turncoats out. Here's an example of why I no longer wish to entertain your comments. Feel free to communicate with Glaucon on his own blog.

    Daniel Lifschitz
    Sep 9 (7 days ago)

    to me
    Daniel Lifschitz has left a new comment on your post "NOTHING HAPPENS IN A VACUUM":

    Dear saint Tim Torquemada,
    review with calm, send for an other review to saint Kiko Arguello, or to heaven, where she is already, to the latest doctor of the Church, Carmen Hernandez, then to the stinking monk and finally, if they all agree, ask even Apuron and last but not least Giuseppe Gennarini and publish, but integrally my heretic doctrine.

    Greetings and Shalom from the hell,

    Daniel Satanow.

    ReplyDelete
    Replies
    1. At least he explains why the guy's comments are not being published. I've had a few comments that Diana hasn't posted but no explanation....
      But, alas, this one probably won't be seen either.

      Delete
    2. Dear Anonymous at 11:04 am,

      Comments not published on this blog are one-line insults, profanity, attacks on myself and other posters, mockery, and damaging comments that cannot be verified. As administrator of this blog, I determine the comments to be published.

      Delete
  4. Are you sure comments are profanity .
    Fr.Rude comments on " other blog".

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    Replies
    1. Dear Anonymous at 3:56 pm,

      I have constantly reminded readers on this blog to keep their language G-rated and to remain civil. I have reminded them that vulgar and profane languages will not be published.

      Delete
  5. AT... 3:56 PM I'm not in the Neocatechumenal way or Catholic, I used be Catholic, but after reading all the trash in the jungle watch blog,the so call CCOG, catholic???????? the lies and hate against their own Bishop,they follow this man Tim Rohr who seeds to have a lot of hate for the bishop,planning all this conspiracy against him,so I write in Tim blog the jungle, my profane language come out and I'm sorry for that just don't like the man if you call a man, he's aways calling me Fr.Rude-ee he's blaming a priest for what I write, so Tim stop accusing father Rudy,it just shows you how he can manipulate people to turn on other people,and he's Catholic??

    ReplyDelete
    Replies
    1. Dear Anonymous @ 4:19--
      Then you must use the same computer server. Among other things, Tim can track responses using IP addresses and other information. The service is available to bloggers to collect data.
      So, do you share computers with Fr. Rudy?

      Delete