GALLUP (NM)
Gallup Independent
Published by the Gallup Independent, Gallup, NM, Nov. 11, 2013
By Elizabeth Hardin-Burrola
Independent correspondent
religion@gallupindependent.com
GALLUP — The Roman Catholic Diocese of Gallup plans to file a petition for Chapter 11 reorganization in federal bankruptcy court Tuesday, according to an announcement that priests in the diocese were asked to read to parishioners during the Veterans Day weekend.
It was more than two months ago that Bishop James S. Wall asked his priests to break the news of the impending bankruptcy during Masses over the Labor Day weekend.
“In early September I told you that I had made the decision that the only way to equitably and mercifully deal with the mounting sex abuse claims, still meet our commitment to you and continue the outreach mission of the church was to file a Chapter 11 reorganization in the United States Bankruptcy Court,” Wall’s brief and most recent announcement began.
The diocese, which includes much of western New Mexico, northern Arizona and parishes in seven Native American reservations, has announced previously it will file in Albuquerque’s federal bankruptcy court. Wall said the diocese will regularly post information about the progress of the Chapter 11 petition on its website.
Once the diocese does file, the public can read the court documents online on the federal government’s website — www.pacer.gov. Members of the public can open an account on the website to view or print court documents for a modest fee.
Bankruptcy delay
Suzanne Hammons, the new media liaison for the diocese, was asked Thursday why it was taking the diocese so long to file its Chapter 11 petition. Hammons stated in an email Friday that the process of filing “is one that must be undertaken with the utmost care so that all sides receive proper consideration.” She promised to send out a news release when the filing date “is made known to the press.” Priests, however, began announcing the date the very next day.
The diocese’s most prominent legal opponent had a different take on the delay.
“The Diocese of Gallup told me that they needed time to prepare the petition for bankruptcy and that it was taking longer than expected because Gallup’s financial records were not well kept or organized,” Phoenix attorney Robert E. Pastor said in an email Sunday, adding that the diocese has an “army of lawyers” working for it. “I hope that the two months of delay was not used to hide or transfer assets as other diocese have done in the past.”
Pastor has filed 13 clergy sex abuse lawsuits against the Diocese of Gallup in Arizona’s Coconino County Superior Court. The first case is scheduled to go to trial in February in Flagstaff. However, once the diocese files its Chapter 11 petition, all of Pastor’s cases will most likely be stayed or suspended.
Pastor’s attempts to depose diocesan officials will also most likely be put on hold. Pastor and co-counsel John C. Manly conducted depositions of Wall and the Rev. Alfred Tachias on Sept. 18. Tachias once worked under the Rev. Clement Hageman, who allegedly sexually abused dozens of children in Catholic parishes along Route 66 from New Mexico to Arizona for more than 30 years. Tachias also sexually assaulted an adult male in an Albuquerque motel room, according to an admission by Gallup’s late Bishop Donald E. Pelotte in a 2002 interview.
Pastor said Wall and Tachias submitted to the depositions on the condition that their transcripts would be confidential and not released to the public.
Four depositions
Pastor said four more current and former diocesan officials were scheduled to be deposed next week, including Deacon Timoteo Lujan and Brother Duane Torisky, O.F.M., who both served controversial terms as chancellors to Pelotte. The Rev. James Walker, the former vicar general, and the Rev. Timothy Farrell, a former media liaison for the diocese, were also scheduled to be deposed.
“We know that for years Deacon Lujan was in the negotiating room on behalf of Bishop Pelotte when the Diocese of Gallup made secret agreements with victims,” Pastor said of Lujan, who resigned in 2009. “We were hoping Brother Duane would explain the workings of the chancery office and the preservations of secret archives that the Diocese of Gallup kept when a priest was accused of sexual abuse.”
Torisky, a Franciscan friar, was also publicly accused of sexual harassment by a Gallup priest, the Rev. Gil Mangampo, who claimed he was punished by chancery officials for speaking out. Torisky has denied Mangampo’s accusations.
As for Walker, he was appointed by the bishop to conduct a review of more than 400 personnel files in the diocese to determine what clergy had been credibly accused of sexual abuse and misconduct. Wall issued a news release in 2009, promising to publicly release Walker’s findings, but he has yet to do so.
In October, Farrell resigned his media liaison position in protest after Wall reappointed Lujan to a position of authority in the diocese as co-director of the deacon formation program. Lujan and fellow deacon James Hoy, who resigned as chief financial officer in June, were frequently criticized by many Gallup priests, who raised questions about Lujan and Hoy’s professional qualifications, transparency and accountability as chancery officials.
Public scrutiny
In the Veterans Day weekend announcement, Wall referred back to his initial announcement about the bankruptcy. “As I said in my letter to you in September, the process of Chapter 11 will open our diocese to unprecedented public scrutiny, which I believed would be a good thing,” Wall said. “I am firmly convinced that as we embark on this journey to bring healing to all who have been harmed and to our diocese.”
Pastor also cited Wall’s first announcement and the bishop’s promise to be “open and transparent” throughout the bankruptcy process.
“I hope that the Diocese of Gallup will disclose the files and names of pedophile priests,” Pastor said. “Perhaps we should all pray for Bishop Wall, that he may find the meaning of true leadership and courage so that he can bring healing to victims instead of protecting the identities of those who hurt children.”
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