Canon Lawyers Weigh in on Vatican's Guam Investigation
By Haidee V Eugenio , heugenio@guampdn.com
Canon lawyer Jennifer Haselberger said she does not wish to say anything critical of the victims or their attorneys, but thinks it was a mistake not to participate in the Vatican canonical trial process. Haselberger is one of two canon lawyers, as well as a longtime Catholic church blogger, who weighed in on the Vatican's ongoing investigation on Archbishop Anthony S. Apuron. Apuron is accused of sexual abusing altar boys in the 1970s. On advice from their lawyer David Lujan, former altar boys accusing Apuron of sexual abuse did not meet with the Vatican team when it traveled to Guam in mid-February, because Lujan was not allowed to be present. The Vatican tribunal led by Cardinal Raymond Leo Burke came to hear from witnesses as part of the Apuron investigation. “Without the evidence provided by the victims, it is possible that the tribunal will not have enough upon which to base an affirmative decision,” Haselberger told Pacific Daily News. “And yes, the tribunal may consider that their refusal to participate reflects negatively on their claims.” Lujan said his clients on Guam, Hawaii and Arizona will instead submit written testimony to the Vatican regarding the Apuron abuse. Haselberger previously served as chancellor for canonical affairs at the Archdiocese of Saint Paul and Minneapolis. She resigned in April 2013 in protest of the archdiocese's handling of accusations of clergy sexual abuse. She then founded the Minnesota-based Canonical Consultation and Services LLC. She has served on independent review boards and is a noted speaker on issues relating to canon law and the Catholic Church. When the three former Agat altar boys and the mother of a now deceased fourth former altar boy came out for the first time in May and June 2016 to publicly accuse Apuron of abusing them in the 1970s, their verbal and written statements were recorded on video, photos and print by Guam media. Those materials are available online. Haselberger said she also understands that the thought of appearing before the Vatican tribunal, especially without legal counsel, may appear intimidating but an acceptable compromise may be reached. “I would encourage the victims to try and find an acceptable compromise. For instance, the tribunal may be willing to allow them to respond to questions in writing, as is often done in cases for declarations of nullity of marriage,” Haselberger said. Tim Rohr, who writes about critical church issues on his blog JungleWatch, said there is no doubt that the Apuron accusers' refusal to personally testify could have been avoided had the Vatican tribunal did a bit more homework. Lujan certainly has every right to distrust the church, he said, but consequences of a stalemate could be that Apuron would not be found guilty. "While Apuron could be reprimanded for his financial misdeeds and his abuse of priests — just to name a few items on a very long list — the only way he could become a candidate for defrocking (being laicized), would be through the sex abuse allegations. At 40 years' distance, it is still a 'he-said-he-said' situation, no matter how powerful the alleged victims' testimonies may be on paper," Rohr said. Related story: Apuron disobeys Pope Francis' order on Yona property Canon lawyer and former priest Patrick J. Wall, who has advocated for hundreds of clergy abuse survivors, said “all evidence is evidence and the canonical court will weigh the depth, breadth and veracity of the evidence.” “Church officials wear different glasses, see the world through their moral theology and have different rules of evidence than civil courts,” Wall told the Pacific Daily News Friday.
Wall said it is “odd” that Apuron survivors were not allowed to have their advocate in the room with them. “I suspect that because their advocate is a civil lawyer, the canonical court is concerned that the Holy See will be sued in civil court in Guam for failing to supervise Apuron,” said Wall. Wall said he left the priesthood after it became apparent he was being used to cover up the sexual abuses of other priests. ‘Guam making history’ Wall said when it comes to bishops’ child sex abuse cases, there is literally no comparison. “All the investigation was done in secret, and the Apuron case is the first to have even partial public awareness. In this case, Guam is making history and the journalists are the scribes of history educating the public,” Wall added. He said in child sex abuse cases, there is no normal. “The children, now adults, have had heinous crimes done to them when they were the most vulnerable. These crimes leave scars that Pope John Paul the Great called permanent scars upon the soul. So any testimony a survivor can give is what they can give,” Wall said. Wall is a lead researcher for Jeff Anderson & Associates, a Minnesota-based law firm representing victims of childhood sexual abuse. Wall also helps dissect defenses that dioceses mount during trial. He co-authored “Sex, Priests, and Secret Codes,” a leading book on the 2,000-year history of sexual abuse in the Catholic Church. Haselberger said it is important for everyone to realize that the canonical process is very different from the adversarial, more commonly known law process of civil courts. “The victims, should they participate, would not be subject to cross examination by the attorneys for the defense. The only people allowed to pose questions to the witness are the judges. The advocates can propose questions, but it is for the judges to determine if those questions are relevant, should be asked, and then to actually do the interviewing,” Haselberger said. The Vatican team’s visit to Guam drew international attention, in part because Cardinal Burke — also a canon lawyer — will preside over the Apuron trial. Burke is a leader of the Catholic Church’s conservative wing and has clashed with Pope Francis on a host of issues. “While I do not agree with Cardinal Burke on every matter, I know him to have a true respect for the law. He would not permit a matter in which he is involved to be manipulated in such a way as to cause harm to one who sought justice. I also know that his personal sense of integrity is such that he would never countenance the sexual abuse of minor, and would punish such offense, should it be proven, to the full extent of the law. I am confident that he can be trusted in this matter, and I would encourage any victim to try and find a way to assist him in this important work,” Haselberger said. Wall said that some justice has already been served because Apuron is no longer in power on Guam. “However, do not put any faith in the canonical process because the people will never see the evidence and everything the church learns will be kept secret. The only hope for true justice to be done is through the civil justice system on island in the open,” he added. Lujan represents four Apuron accusers and 19 others accusing clergy of sex abuse, all of whom have so far filed a $115 million clergy abuse lawsuits in the U.S. District Court of Guam. Two other Guam law firms that have partnered with at least three law firms on the U.S. mainland and Hawaii said they also will be filing childhood sexual abuse cases.
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