Archdiocese to Appeal Judge's Ruling on Depositions

KARE
February 14, 2014

http://www.kare11.com/story/news/crime/2014/02/14/archdiocese-to-appeal-judges-ruling-on-depositions/5485401/

The Archdiocese of St. Paul and Minneapolis filed a motion in Ramsey County Court Friday, indicating that an appeal will be filed with the State Court of Appeals over a ruling requiring that Archbishop John Nienstedt and former Vicar General Kevin McDonough be deposed in a sexual abuse case that dates back to the 1970's.

The archdiocese's request, filed in Ramsey County District Court, asks for the demands to be dropped while it proceeds with an appeal.

In a statement released Friday afternoon the Archdiocese said Tuesday's ruling by Judge John Van de North is being appealed because "his sweeping order allows for discovery efforts that are not related to the specific case before the Court which involves a claim from 1976-77 by Thomas Adamson. In short, the extensive requirements of the judge's order reach beyond the limits of Minnesota law."

The Archdiocese also has issue with the fact that the Judge's order calls for Archbishop Nienstedt, who did not arrive in the archdiocese until 2007 and who has no information about Adamson, to testify under oath about the claims of the plaintiff regarding activity that occurred decades before the archbishop's tenure.

The statement explains "our appeal also seeks justice for clergy who have been and may in the fute be falsely accused. The judge has ordered disclosure of the names of clergy against whom any accusation has been made, regardless of whether these claims meet the minimum standard of credibility or have already been determined to be false."

Tuesday's ruling by Judge Van de North also requires the archdiocese to hand over to the court names of the priests accused of child sex abuse since 2004; however that list will remain sealed, at least for the time being.

Earlier this week, the archdiocese argued that church records and depositions are not relevant to the case brought by a man who said he was sexually abused by priest nearly 40 years ago.