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  Top Attorneys Square off in Case of Embattled Priest

By Jean Torkelson
Rocky Mountain News [Colorado]
March 9, 2007

http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_5405878,00.html

A fight between the Episcopal Diocese of Colorado and one of its priests is shaping up into a battle of the mega-lawyers.

The diocese has hired the law firm of Hal Haddon - known for defending such high-profile figures as basketball star Kobe Bryant - to pursue an allegation of "misapplied funds" against the Rev. Don Armstrong, of Colorado Springs.

Meanwhile, Armstrong's first lawyer, prominent Denver criminal defense attorney Dan Sears, said Thursday he has withdrawn from the case because there aren't the financial resources to adequately fight the diocese.

"The funds are not available to provide the kind of defense that I believe Father Armstrong needs and requires," Sears said. He declined to discuss details except to say he and Armstrong parted amicably several weeks ago.

Armstrong is paying his own legal fees but parishioners have started a defense fund, said church member Ken Emery.

Armstrong's new attorney is Dennis Hartley, of Colorado Springs. Hartley was the post- conviction attorney for Oklahoma City bomber Timothy McVeigh. He is a longtime personal friend of Armstrong's.

Hartley said Thursday he can't judge Sears' assessment of the case because he hasn't had time to review it. Sears had earlier lamented that Armstrong couldn't compete with the bishop's deep pockets and said the embattled priest would need the ongoing services of civil and canon lawyers and forensic accountants to fight the diocese.

"Dan's a careful guy and I respect his judgment," Hartley said. However, despite Sears' bleak assessment, Hartley quipped, "I plan to get paid."

The battle began Dec. 27 when Bishop Rob O'Neill abruptly removed the activist conservative rector from his parish of 20 years and put him on paid administrative leave while the diocese began a 90-day investigation into "misapplication of funds" alleged by a person yet unnamed.

Restrictions on Armstrong, known as inhibitions, forbid him to speak about the case or have any contact with parishioners.

The diocese's spokeswoman, Beckett Stokes, called the inhibitions well established in canon law, and said the church is "following the process very carefully laid out to provide safeguards for all those involved."

But Armstrong's supporters say the restrictions are designed to silence the priest, a nationally known conservative who has fought O'Neill and the Episcopal Church USA over its breaks with traditional teachings on sexuality and scriptural authority.

"This is all about terror - the ability of the church and bishops with deep pockets to terrorize mom and pop (members) in their churches," said the Rev. David Anderson, president of the American Anglican Council, an advocacy network of traditional Episcopalians.

The New York-based Episcopal Church USA has provided funds to fight breakaway parishes in other states, but hasn't given money to the Colorado diocese to fight Armstrong, a spokeswoman said.

"The case in Colorado is a personal matter between the diocese and a priest," said the Rev. Jan Nunley.

Still, members of Armstrong's parish see bigger issues at stake. To help finance his defense fund, they have begun selling bumper stickers that say, "Free Father Armstrong."

 
 

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