Tuesday, August 29, 2017

Update On Case Dismissal

The following is in regards to the case dismissal by Jacque Terlaje. According to KUAM news:

There's still no action from the Vatican on Archbishop Anthony Apuron's canonical trial, but some progress was seen here at home relative to the clergy sex abuse lawsuits against him filed in the District Court of Guam. The much-anticipated motion to dismiss hearing ran nearly two hours, with parties at odds over the interpretation of a recent Guam law that lifts the civil statute of limitations on child sex abuse cases.
It was controversial legislation then. Now, it's Public Law 33-187 and still sparking plenty of heated debate.
In federal court on Tuesday, defense attorney Jacque Terlaje argued in support of her motion to dismiss the clergy sex abuse lawsuits against her client, Archbishop Anthony Apuron. "The plain statutory reading of the statute, it did not apply to old cases such as the one Archbishop Anthony is involved in," she detailed outside the federal courthouse this morning.  "We've also asked the court to dismiss it because its unconstitutional. It's inorganic.
"And basically what happens is when there's a law passed, there has to be a retroactive expressed provision. If there's no retroactive expressed provision, it does not apply retroactively - laws are intended to apply prospectively - that means moving forward, and not backwards and that's essentially what the plaintiffs are arguing in this particular case. That somehow it goes backwards."

Time was the recurring theme today. Terlaje argued the cases are "stale" having allegedly occurred nearly 40 years ago. Time, she argued, is not on Apuron's side. Now in his 70s, she cited loss of memory, loss of witnesses, and loss of records.
Also citing the passage of time, Terlaje stated "We already have a dead plaintiff" referring to deceased Joseph "Sonny" Quinata. But the passage of time, plaintiffs' stateside co-counsel Gregory Nicolaysen argued via telephone, has been "Apuron's best friend."
Had the alleged victims come forward sooner, plaintiffs argued Apruon would've never ascended to the ranks of Archbishop.
As for local law, plaintiffs had a different reading of the 2011 law that opened the window for child sex abuse civil suits and the 2016 law that made retroactive claims open-ended.
Nicolaysen further cited that Guam lawmakers were simply acting on a compelling public interest.
"The goal to doing this was not do damage, but the opposite," he said. Parties now wait on a report and recommendation from the court.
We should note, only three of the four cases against Apuron were heard today. Roland Sondia's case was set aside having not yet met jurisdiction requirements.
As for Apuron, Terlaje said, "My client is doing well. He's looking forward to a determination by the Vatican."


  1. I thought brother tony WANTED his cases to go to trial but yet he's really just asking for it to be dismissed. If he's innocent, wouldn't he want to go to trial and allow the truth to come out? I mean I wouldn't run from the truth, but that's just me.

    1. Dear Anonymous at 6:48 pm,

      Archbishop Apuron will have his day in court, but it ain't this one. Don't you remember his press release before he left to Rome? He said he will be pursuing a canonical trial and a civil trial.

  2. Vindication rules.

  3. These rigid conservative Junglewatch Catholics acting like God almighty.

  4. Diana I think what Byrnes is doing is trying to use the pre-Vatican Ii because post Vatican ii people like pope Francis doesn't care about the liturgy and this is like the way is a post Vatican ii baby in which we do the tripod which is community the Eucharist and the word but Byrnes is a pre-Vatican ii thinker because you can look up the people in the states the bishops and cardinals who repelling against the pope which is included cardinal Burke and I believe now Byrnes who just don't care because even pope Francis when he gets the gospel during mass what does he show not how Byrnes does it where he just goes up to the gospel but pope Francis makes the people bow the down to the word of god

    1. Dear God is one, 

      Archbishop Byrnes was a member of the Charismatic Catholic Renewal and was involved in the Alpha program - all post Vatican II. Also, Pope Francis do care about the liturgy. Both the NCW and the TLM Catholics are conservatives. In other places where the NCW exist, you Do not see the kind of hate that exist here. In those places, the TLM Catholics leave the NCW alone and go about their own business. Even in Japan and the Philippines where the NCW is restricted, they are left alone while the rest go about their own business.

      Here in Guam, it is different. They want us dead and completely obliterated. They want all RMS priests out of every parish, and some want them de-incardinated or defrocked out of the Archdiocese. They want all RMS seminarians out of Guam and the seminary shut down. They want all NCW banned from every parish. And they are willing to make this happen even if it means the destruction of the Church.

    2. Diana the reason I say that pope Francis says he doesn't care about the liturgy is because he makes people have puppets during mass he makes them have it's on YouTube and even during world youth day in Brazil the priest were dancing during mass

  5. And that is a post Vatican ii thing not a pre-Vatican ii