KANSAS CITY (MO)
Anglocat on the Prowl
In the absence of a written order, it’s a little hard to know what to make of this story. On the one hand, the judge in the lawsuit against Fr. Joseph Tierney and the Diocese of Kansas City-St.Joseph has ordered a second deposition of David Clohessy, Director of the Survivors Network of those Abused by Priests (“SNAP”). As I wrote in my prior post discussing the first day of the deposition, not only did Catholic League President William Donoghue misstate the testimony and its legal import in his eagerness to brand Clohessy a “con man,” but many of the questions did not go to relevant issues in the litigation, and seemed to me to be more aimed at discrediting SNAP than at eliciting evidence for the case against Tierney and the Diocese, and suggested to me that the deposition was abused to harass SNAP.
On the other hand, the judge has said that she intends to “limit the original document request to several broad categories related to sexual misconduct by priests in the Kansas City-St. Joseph diocese,” focusing on the question of repressed memory, specifically regarding the plaintiff’s claim that he had repressed his memories of the abuse, and was therefore, under Missouri law, entitled to a tolling–a partial judicial waiver–off the statute of limitations. s the judge is quoted as saying, “I believe they [lawyers for Tierney and the diocese] are entitled to have information on repressed memory.” In another article, from the Kansas City Star, the judge is quoted as saying “that she planned to order another deposition for Clohessy and possibly have a retired judge sit in to rule on disputes over whether documents or answers could be properly disclosed and answered.”
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