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Priest Wants Judge's Recusal By Matt C. Abbott Renew America September 26, 2006 http://www.renewamerica.us/columns/abbott/060926 The following is the text of an affidavit submitted by Father Robert Hoatson. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Priest wants judge's recusal Matt C. Abbott Matt C. Abbott September 26, 2006 The following is the text of an affidavit submitted by Father Robert Hoatson. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK FR. ROBERT M. HOATSON CIVIL ACTION 05-CV-10467 (PAC) Plaintiff, v. AFFIDAVIT OF REV. ROBERT M. HOATSON NEW YORK ARCHDIOCESE, CARDINAL EDWARD EGAN, THE NEWARK ARCHDIOCESE, ARCHBISHOP JOHN J. MYERS, CONGREGATION OF CHRISTIAN BROTHERS, FR. JOHN O'BRIEN, BR. LAURENCE BOSCHETTO, BR. PAUL KEVIN HENNESSY, THE ROMAN CATHOLIC DIOCESE OF ALBANY, and BISHOP HOWARD J. HUBBARD, Defendants I, Rev. Robert M. Hoatson, under the penalty of perjury, do hereby swear to the following: 1. I am the plaintiff in the above entitled action and I submit this affidavit in furtherance of and pursuant to my motion for the recusal of Judge Paul A. Crotty. I understand and appreciate that motions to recuse can be viewed as attacks or aggressive statements about and toward the Court. I have tempered my remarks and state that I am trying to secure for myself a fair trial and hearing on my case, and I also wish to state that in addition to the information set out herein, I am also developing additional information. I believe an appearance of impropriety or a conflict of interest exists for Judge Paul A. Crotty, who has his immediate family deeply involved with or enmeshed with Catholic institutions and the highest echelons of the New York Archdiocese such that gives the appearance to me and very possibly to the public that Judge Crotty cannot or may not be able to fairly or impartially make rulings on my case, or, in the least, that the function of the Judiciary could appear to be compromised due to the relationships and associations I have set out herein. The Court may take note that the Judicial branch of our government has been maligned recently in New York and elsewhere for bias and not disclosing conflicts or potential conflicts to litigants. 2. Currently, in my case, all four defendants made and have pending motions to dismiss my case, as well as separate motions for sanctions against my attorney. This case is very much in the Court's hands and is presently subject to dismissal motions. I believe that I have a very strong case that is meritorious, and I believe and have a good faith belief that the power, wealth, and influence of the New York Archdiocese, Cardinal Egan, and the Court's family's connections to this defendant will result in my being denied the favorable inferences and treatment that my case is entitled to. 3. I have recently received unsolicited information from a Mr. Joseph O'Connor and other persons from New York City that Jane Crotty, the wife of Federal Judge Paul A. Crotty, who is assigned to my case, is involved in real estate transactions regarding or involving the Archdiocese of New York and/or their churches or properties. 4. Specifically, Mrs. Jane Crotty is employed by, consults for, or is somehow affiliated with a public relations firm (George Arzt Communications, Inc.) that represents potential buyers or other interested parties of St. Brigid's Roman Catholic Church in New York City, located at East 8th St. and Avenue B in Manhattan, and/or other church property. St. Brigid's is currently involved in protracted and adversarial litigation in the New York Courts regarding its sale, demolition, and status by the New York Archdiocese and parishioners who are against its demolition and/or sale. As recently as July, 2006, a New York State Supreme Court Judge made rulings on the pending case involving St. Brigid's. I have learned that Mrs. Jane Crotty is involved with or has attended court hearings or conferences regarding the St. Brigid's litigation which directly involves Cardinal Egan and the New York Archdiocese. 5. It appears that Mrs. Jane Crotty is on the same side as the New York Archdiocese in the St. Brigid's litigation case, but even if she is adversarial or not directly supportive of the New York Archdiocese and Cardinal Egan, the past and present relationships have or may appear to have an appearance of impropriety on my pending case. I have attached as Exhibit A an article written by Peter Mc Dermott in April, 2005, setting out some of Jane Crotty's involvement with the New York Archdiocese and the St. Brigid's Church matter. 6. I have learned recently that Judge Paul Crotty's wife, Mrs. Jane Crotty, approached a man named Joseph O'Connor who is interested in the Irish lineage of St. Brigid's Church and attended "Save St. Brigid's Church" events. I have learned that Mrs. Crotty relayed to Mr. Joseph O'Connor that she had a potential or interested buyer, investor, or interested persons or entities for the St. Brigid's Church property. Mr. O'Connor represented to me that the interested party may be Milstein Properties, a client, business associate, or potential principal associate or affiliate of Mrs. Crotty and/ or George Arzt Communications, of which she is or may be listed as a principal or as a senior vice president according to Exhibit A. Mr. O'Connor also advised me that there may be other buyers and I have learned that Jane Crotty has or may have a present financial, real estate, or other type of interest in the sale, marketing, or use of this New York Archdiocesan or Church property. 7. From reading public accounts of the litigation involving St. Brigid's Church, Cardinal Edward M. Egan has taken the position that he has the sole and exclusive authority to do with Church property as he sees fit. 8. The fact that Mrs. Jane Crotty is involved to some extent in the financial, real estate, or litigation affairs or transactions of the Archdiocese of New York, or involved in financial and or real estate matters that relate to or are intertwined with the Archdiocese of New York, or may be affected by the St. Brigid's litigation that is currently pending, makes it appear that her husband would or may have a conflict of interest or at least an appearance of an impropriety in adjudicating my case because the New York Archdiocese and Cardinal Egan are named in my lawsuit as defendants. 9. I have a strong concern that Judge Crotty could not be or might not be fair to me since his wife has a financial or real estate involvement with the New York Archdiocese, which currently has a motion to dismiss my case pending before Judge Crotty. 10. It is not so much that a conflict exists, but that the appearance of an impropriety may exist, that leads me to believe that Judge Crotty could or would favor the Church. It may be seen that ruling favorably for the Church or the New York Archdiocese in my case would or could conceivably help or benefit Judge Crotty's wife in her business or relationships in buying, selling or marketing church property, or been involved with same on behalf of her clients. I am quite certain that Jane Crotty and/or her company are being paid or will be paid on the transaction involving St. Brigid's Church or any other such New York Archdiocesan property. 11. In addition, it has been confirmed to me that Robert E. Crotty, a New York City attorney, and brother of Judge Paul A. Crotty, is President of the Guild of Catholic Lawyers of the Archdiocese of New York. This organization is closely aligned with and affiliated with named defendants in this case, notably, the New York Archdiocese and Cardinal Edward M. Egan. The Judge's brother is not merely a member of this large Catholic organization, he is its President. As such, the Court's brother has a close working relationship with the named defendants in this case or their subordinates. I have personal knowledge that Judge Paul A. Crotty is a member of the guild as well, and was honored by the guild approximately eight years ago. In addition, I have personal knowledge that Robert E. Crotty's law firm (Kelley Drye and Warren, LLP) is representing the Archdiocese of New York in the St. Brigid's and/or such other cases. The law firm of the brother of the Court generates substantial legal fees or public relations benefits in representing a New York Archdiocesan Church or the Archdiocese itself. It may appear that ruling favorably for the New York Archdiocese would or could result in more business for Robert Crotty's firm, or could appear to benefit Judge Crotty's brother and/or his firm in some manner, or at least give the added appearance of impropriety. 12. Mrs. Jane Crotty and Mr. Robert Crotty have or may have pecuniary interests in or work in association with named defendants in my lawsuit. My case is currently pending before Judge Paul Crotty, and because he is married to Jane Crotty and is the brother of Robert Crotty, it is apparent that there is or could be an appearance of impropriety or conflict of interest regarding financial or other business matters that could or may factor into the Court's decisions or in the above rulings on my case. 13. None of the information listed above was disclosed to my attorney and me despite our request for such in open Court on March 1, 2006. I believe that on that date (March 1, 2006), my attorney expressed a concern that he had to or would like to know about any potential conflicts or disclosures from the Court. It is my understanding that this is a routine request made by my lawyer due to the extensive relationships that the Church has with public officials. 14. On March 1, 2006, I believe that my attorney, John A. Aretakis, at an open court conference before Judge Crotty, asked if there were any circumstances or conditions around which Judge Crotty would or may have to recuse himself from my case or have to disclose pertinent information to the parties. The Court responded, "No, why?" The Judge referred Mr. Aretakis to the Court's website that contained biographical information, which indicated that Judge Crotty attended the University of Notre Dame. 15. Judge Paul A. Crotty worked closely with former New York City Mayor Rudolph Giuliani, publicly described as the best friend of Monsignor Alan J. Placa of the Diocese of Rockville Centre and a sexual abuser of minors and or vulnerable seminarians. I have been critical publicly of Monsignor Placa and his relationship with the former mayor. I implored Mr. Giuliani to retract his hiring of Monsignor Placa to work in his private security agency and to end his association with Monsignor Placa who was publicly cited as being a sexual abuser, and was actively involved in the cover-up and moving around of predator priests and the frustrating of victims of clergy sexual abuse as cited in the Suffolk County, NY Grand Jury Investigation and Report in 2002 and 2003. It is my belief that Judge Crotty is at least an acquaintance of Msgr. Placa through his close relationship with former Mayor Giuliani. 16. I have also been very critical of Mayor Giuliani for his continued relationship with Monsignor Alan Placa and his refusal to take any proactive or leadership role with respect to the clergy abuse crisis. 17. I have learned or confirmed the above information from approximately August 21, 2006 to the present, and this is why I have not brought this information to the Court's attention before August 31, 2006, and my attorney wrote to the Court to express my request to make a motion for recusal. Mr. Joseph O'Connor and other persons involved in the St. Brigid's case recently expressed astonishment that Judge Crotty has not recused himself from my case based on the information cited above. 18. It is my request, therefore, that Judge Crotty recuse himself from my case based on:
Rev. Robert M. Hoatson
Sworn to and subscribed before meon this ________ day of September, 2006 John A. Aretakis (Notary Public) Matt C. Abbott is a Catholic columnist. He can be reached at mattcabbott@gmail.com. |
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