BishopAccountability.org
	Diocese, Pelotte Go Their Own Way By Elizabeth Hardin-Burrola July 6, 2008 http://www.gallupindependent.com/2008/07july/070508pelotte.html Judge rules former bishop on his own in suit to get access to photos GALLUP — One defendant has been released from the civil lawsuit involving police photographs of former Bishop Donald E. Pelotte, and Gallup’s city attorney said settlement talks are under way with the remaining defendant. District Judge Grant L. Foutz signed an order on Wednesday dismissing the Roman Catholic Diocese of Gallup from the case, which was filed by former City Attorney George W. Kozeliski on Aug. 7, 2007. The complaint for declaratory judgment, which named the diocese, Pelotte, and KRQE news reporter Larry Barker as defendants, concerns whether the police photos can be released under the New Mexico Inspection of Public Records Act. An agreement, signed by attorneys for the city, the diocese, and Barker, was filed in court last week, which approves the dismissal of claims against the Gallup Diocese. The claims were dismissed "with prejudice," meaning they can’t be refiled. According to current City Attorney R. David Pederson, the agreement was reached after diocesan attorneys "came to a conclusion" that the Diocese of Gallup had legal interests separate from Pelotte. As part of the agreement, he said, diocesan attorneys consented to not pursue any legal agreement on behalf of Pelotte. Pederson said the city is now in final settlement talks with Barker and KRQE, and he predicted a settlement might be worked out within the next two weeks. However, he declined to discuss specifics of the possible settlement. "I can’t tell you that now because the terms haven’t been finalized," he said. If a settlement can be arranged that soon, it would be near the one year anniversary of July 23, 2007, when the severely injured bishop was discovered in his home. Pelotte, who reportedly suffered traumatic brain injury, has since resigned. Pederson said such a settlement will end the city’s lawsuit against Barker and also end Barker’s counter writ of mandamus that he filed against the city. "In all likelihood, Mr. Barker will end up dismissing the mandamus," he said. Although Pelotte is still listed as a defendant on court documents, Pederson believes a settlement will most probably include a default judgment against the former bishop. Pelotte has never filed a response to the legal complaint, Pederson said, and has not hired an attorney to represent him in the lawsuit. On March 12 the district court clerk filed an entry of default documenting Pelotte’s lack of legal response. "We basically obtained a default judgment against Bishop Pelotte," Pederson said of the court clerk’s documentation. "As far as we’re concerned," he added, "the case against Bishop Pelotte as an individual has been resolved." Luis Stelzner, an attorney for the diocese, had previously claimed Pelotte did not receive proper legal service under the law. Attorneys for the city have denied that claim. According to the court file, the city served a chancery secretary with a copy of the lawsuit, mailed a second copy to Pelotte’s Gallup home, and mailed a third copy to a post office box associated with the diocese. That post office box had been rented by Father Thomas Maikowski, a close associate of Pelotte’s. In 2004, Maikowski resigned as the diocese’s director of education and principal of St. Francis Elementary School due to his close relationship with Derek Kolb, a former seminarian who admitted to Gallup Police that he had attempted to kill an elderly Catholic nun. In 2005, diocesan officials reported Kolb had threatened Pelotte’s life. Telephone messages seeking comment from officials with the Diocese of Gallup were not immediately returned on Thursday afternoon. Reporter Elizabeth Hardin-Burrola can be contacted at (505) 863-6811 ext. 218 or ehardinburrola@yahoo.com.
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