Scituate Church Case to Go to Trial May 5

By Jessica Trufant
Wicked Local Scituate
April 2, 2015

http://scituate.wickedlocal.com/article/20150402/NEWS/150408855/1519/FRONTPAGE

A lawsuit brought against parishioners occupying the closed St. Frances Xavier Cabrini Church in Scituate will go to a bench trial May 5, after a Norfolk Superior Court judge denied their requests for a jury trial and more time to develop a defense.

A lawsuit brought against parishioners occupying the closed St. Frances Xavier Cabrini Church in Scituate is scheduled to go to a bench trial May 5 after a Norfolk County Superior Court judge denied their requests for a jury trial and more time to develop a defense.

At a pretrial hearing Thursday morning, Judge Edward Leibensperger denied an emergency motion by Mary Elizabeth Carmody, a lawyer representing the parishioners, seeking a delay in the case for discovery.

“Discovery is absolutely necessary under these facts. …We haven’t had the opportunity to flesh out the case,” Carmody said. “There’s no emergency here. It’s been ongoing for more than 10 years.”

The Roman Catholic Archdiocese of Boston filed a civil suit against the Friends of St. Frances after the parishioners failed to meet a March 9 deadline for leaving the church. The parishioners filed a counterclaim, and have vowed to bring their fight to the state’s highest court.

St. Frances was among dozens of Boston-area churches pegged for closure in 2004 as part of a reconfiguration plan designed to shrink the archdiocese’s growing debt.

But the parishioners refused to leave their church, and in October they celebrated 10 years of holding a continuous vigil. A handful of members attended the hearing Thursday.

Carmody said postponing the trial would also give state Attorney General Maura Healey’s office a chance to intervene, as she’s “the only party who can bring an action to preserve charitable property.”

William Dailey Jr., an attorney for the archdiocese, argued that discovery is not necessary because the case is in a position “to be tried very quickly.”

Leibensperger sided with the archdiocese, and said there’s no question that the legal title to the property belongs to the church.

“There’s no reason for discovery about it,” he said. “I don’t see discovery being necessary, or helpful or relevant.”

As for the chance the attorney general’s office may want to intervene, Leibensperger called it “entirely speculation” and not a valid reason to delay the trial.

Carmody challenged the judge’s position, and said there are issues involving canon law that warrant deposition from Cardinal Sean O’Malley.

But Leibensperger said he would not entertain arguments based on canon law.

“I have no jurisdiction to get involved with (canon law), and I don’t intend to,” he said.

In requesting a jury trial, Carmody said the issue of possession is “absolutely appropriate for a jury” because the case is “very unique and distinct.”

Dailey argued that a jury trial is only available to decide questions other than law, such as if the archdiocese was seeking damages.

Leibensperger again agreed with the plaintiff, and said a jury trial is not appropriate because the archdiocese is looking for equitable relief, or a non-monetary judgment.

“I don’t believe there’s a right to a trial by jury. I think the law is clear,” he said.

Leibensperger invited Carmody to submit cases to try to persuade him otherwise ahead of the bench trial.

After the hearing, Maryellen Rogers, who started the 24-hour vigil with her husband, Jon, said they remain “prayerful and hopeful,” especially as they prepare for their Easter services and celebration.

Jon Rogers said it was “completely ironic” that the parishioners spent time on Holy Thursday sitting in a courtroom.

“Christ was betrayed over 30 pieces of silver, and we’ve been betrayed over 30 acres of land,” he said. “I find it sickening.”

Terrence Donilon, a spokesman for the archdiocese, declined to comment.

Jessica Trufant may be reached at jtrufant@ledger.com