What I Saw At The Contempt Hearing

I arrived at Judge Gail Andler's courtroom at 9:00 a.m. for the contempt hearing on Bishop Tod Brown, and sat down next to a couple of fellow St. Norbert parishioners. A few minutes later, I was walking over to the clerk's office with the KABC and KNX reporters to fill out media request forms, in hopes of being able to set up the Red County UnSteadiCam.

I handed mine in to Judge Adler's clerk, and took a seat by my friend Meg Waters. In front of me sat Frank Mickadeit, regaling the reporter next to him with some story. In the row behind me sat Gustavo Arellano, and to my my left was a bald guy I didn't know, but had a lawyerly look to him. He was reading what looked like the motion by Patrick Hennessey, Msgr. John Urell's attorney, to quash John Manly's subpoena to Mr. Hennessey.

A Manly Morning
A few minutes later, John Manly, scourge of the Diocese of Orange walked in. I had run a Google Images search on him the night before so I'd know what he looked like.

He obviously knew what I looked like because he glanced over and asked:

"Are you coming over today?"

He was referring to my accepting a long-standing invitation to come down and read Monsignor Urell deposition.

"I can't today," I responded.

"That's what I thought," Manly said derisively.

Apparently, I'm supposed to make myself available at a moment's notice. "I have work I have to do."

"Oh, I know what you do," Manly sneered.

Manly asked again when I was going to come down, and I said I could do so tomorrow at 9:00 a.m. Manly then turned Gustavo and asked him if he was going to come down as well to watch me, and then said he would arrange for his clients to be there as well. At that point, wondering if I was going to get to read depositions or just become an actor in a Manly-orchestrated media theater, I asked Manly as he was stepping out if this was going to be a media event.

Manly gave me a look over his shoulder and sneered,"Do you need a Mass beforehand" followed by "Maybe we'll have a Communion service beforehand." No better way to start one's day than having one's faith mocked.

[When the hearing ended, Manly walked by and said "We'll have to move it to Friday at 9:00 a.m. if that's OK." Apparently, it's just fine if he has work to do and has to re-schedule, but I nodded my assent.]

The Contempt Hearing
The bailiff drifted over to let me know Judge Adler had ruled all the media requests to record the hearing had been ruled "untimely." I took that as a "no."

Manly came back in the courtroom and sat down next to Gustavo. The bald guy got up and took the other seat next to Gustavo. Lucky guy.

It turns out the bald guy is Vince Finaldi, another of the plaintiff attorneys.

We all sat and waited as Judge Andler went through the other cases being heard. Finally, it was time for the big show as the attorneys took their places.

Judge Andler and the attorneys all agreed the settlement had been reached. Diocesan attorney Peter Callahan took the podium and read the Memorandum of Understanding aloud. The MOU stipulates the four plaintiffs will be paid $6.68 million by November 20, 2007, and after receipt of the money will request a dismissal of their complaint.

Then it was on to  the main event: did Bishop Brown violate a court order because Monsignor Urell checked into the Southdown Institute for acute anxiety disorder?

Callahan's contention was that the Bishop did not. In his opening statement, he stated their are four conditions for violating an order:

1) The existence of a written order.
2) That the Bishop knew of such an order.
3) That the Bishop was able to comply with such an order.
4) That the Bishop willfully refused to comply with such an order.

Callahan stated that Venus Soltan, another of the plaintiff attorneys, claimed such an order existed. Callahan told the judge he had asked the opposing attorneys to produce this order -- and they had as yet failed to do so.

Judge Adler then gave Venus Soltan the opportunity to give her own opening statement. I thought an effective rebuttal would have been to pull the order out of her briefcase, plop it in front of Peter Callahan and say, "Here it is."

Instead, Soltan launched into a long jeremiad about how awful the Diocese of Orange hierarchy and its attorneys are. Her statement reminded me of the old courtroom maxim: "When the facts are on your side, argue the facts. When the law is on your side, argue the law. When neither are on your side, pound the table." Soltan was pounding the table.

Judge Adler then verbally restrained Peter Callahan from trying to rebut Venus Soltan and scheduled the hearing hearing for December 3 at 9:00 a.m.

The Floating Press Conference
The courtroom emptied into the hallway and in short order the various media were swarming around Callahan and Bishop Brown. It was very interesting, and I was looking forward to posting the audio here -- but it turns out my verdamt digital audio recorder wasn't recording.

I didn't take notes since I was holding an audio recorder that wasn't even on, but some interesting points jumped out.

The Manly team has gotten a lot of media mileage portraying the Diocese as heartless and cruel for putting plaintiff Christina Ruiz through depositions over seven days. According to Mr. Callahan, a big part of what governs the length of a deposition is how truthful the deposed is being. In the case of Ms. Ruiz, he said she changed her account of her relationship with Jeff Andrade several times.

The Bishop also made a statement of his sorry over the victimization of the four young women, condemned what was done to them as "criminal, sinful and terrible" and prayed for their healing.

Frank Mickadeit then piped up with a question, asking the Bishop why, if the Diocese was guilty, weren't the cases settled earlier? Callahan jumped in to answer, saying the Diocese had entered into mediation with the plaintiffs twice, and both times the plaintiffs rejected the settlement devised by the mediator.

At that point, a deputy told us were were blocking the hallway and we had to take it outside.

The Floating Press Conference Drifts To The Sidewalk
In a stroke of public relations genius, the Diocese media gurus decided the hold the official press conference on the sidewalk outside the courthouse, as traffic rumbled by on Flower Street and Santa Ana Blvd. I was at last able to unleash the UnSteadiCam, but due to technical difficulties beyond my control, I have not been able to do anything with it yet. I'll try to have it posted tomorrow.

I do have one piece of advice for the Diocese: if it's the Bishop's press conference, just let the Bishop talk. Peter Callahan may be a fine trial attorney and ably presents the Diocese side, but one incident from this morning's press conference made me shudder.

Two of the victims, Sarah Gray and Christina Ruiz, were standing around with everyone else and watching the press conference. At one point during the Q & A, Mrs. Gray raised her hand to ask the Bishop a question, and Callahan swatted her like a fly, saying "You had your opportunity with the press yesterday, Ms. Gray" (or nearly those words).

I about fell over. It was more than just the simple rudeness to a lady. But regardless of how one feels about John Manly and his legal cohorts, the Diocese agreed to compensate Sarah Gray for the moral and legal wrong that was done to her. And if that's typical of Callahan's bearing toward these young women, it provided some insight into their bitterness.

At that moment, I wish the Bishop had told Callahan to put a sock in it and apologized to Sarah Gray for Callahan's brusqueness. To his credit, the Bishop did subsequently step up to the microphones, look over at Sarah Gray and Christina Ruiz and apologize to them. He also said his door was always open to them if they wanted to see him in private to discuss anything.

That's all for tonight. I'll have the video up sometime tomorrow, and possibly some more thoughts and observations.

Comments

[Gustavo Arellano]

I'm glad you saw how much of a jerk Callahan is, Jubal, but I wouldn't be so trusting of what Callahan says. As you'll see on Friday (or whenever you and John Manly have your play time), deposing victims for days is part and parcel of the diocese's strategy. They did the same with Ramos victims, with Harris victims, and even with the teenage victims of Andrew Christian Anderson, one of only two Orange County priests ever criminally prosecuted for sexual abuse.

[john manly]

Matt, I still think you don't get it. However, on behalf of our clients, I sincerely (and without a hint of sarcasm) thank you for your honesty about Callahan's comments at the press conference. You were able to observe a small dose of what each of our clients has had to endure from the diocese for the past ten years. Maybe there's hope for you yet.

John Manly

[kee]

I too was at the hearing yesterday and was left with the impression that these young girls who have evidently suffered sexual abuse at the hands of coaches and teachers ( not clergy) are now being subjected to the psycological abuse and the manipulation of Manly and his cast of characters so that they can continue to line their pockets with the big bucks that should be going to these girls. They seem to be just trading one abuse for another. I watched as Finaldi continually rubbed the back of Ms. Ruiz and as Manly cuddled into the court clerk to share a word or two: Maybe just checking to make sure that the Judge understood what her orders were. I agree with Jubal that this was more of a theatre production that a oourt hearing and it seems very clear that the judge got her lines straignt and once again played the role of the Manly puppet.When will people get wise to this tactic and realize that his only interest in these victims is to make millions of dollars at their expense, otherwise why would he have convinced them to go public with their real names and parade them in public??? It is definately not to their benefit.......only to the benifit of the Manly Troupe.

[Vince Finaldi (aka]

Matt,
You have stooped to a new low-poking fun a follicly-challenged attorney, comforting a victim of sexual abuse. Bad choice, Matt (if you knew me, you would know that I have been called much worse). And being a writer, I would have thought you’d, at the very least, come up with something much better. After reading some of the senseless dribble that you incessantly spew, however, like an infant with a large megaphone, I guess you did as well as could be expected. Maybe you don’t know that a lawyer is, first and foremost, a writer. School’s in session, Matt...take notes.
I first began shaving my head, as required, while serving my country for four proud years as an infantryman in the USMC. I proudly carry on that “chrome dome” tradition to this day (so thanks for the unintentional compliment, Matt). But you wouldn’t know anything about that, now would you? You prefer to sit behind your computer each day, poking fun at the people who help to provide the very blanket of freedom you enjoy exercising through your blog.
As to comforting a Plaintiff during a court session-if you had sat through seven days of Jane Doe’s deposition with her, as I have, and experienced the horrendous treatment she so bravely endured, you would understand why it is easy to feel empathy and compassion for our clients.
If giving a victim, who just stood up in court to bravely face the people who have helped to make her life a living hell for the past three years, a pat on the back, is all that’s needed to show her that she is not alone in her fight, then it’s support I would gladly give any day of the week.
Tread lightly, Matt...we already know you don’t carry a big stick.
Lovingly,
Vince Finaldi (aka-"The Bald Guy")

[Jubal]

Vince:

Sorry I called you a bald guy. I didn't realize you were so sensitive about it. I wasn't trying to make fun of you, just being descriptive. Some of my best friends are bald guys. The god father to one of my daughters is bald guy. Bald guys are great.

And I salute your service in the USMC. I have some very good friends who have also served, and still serve, in the Marine Corps. But don't be one of those who use their service to try and shut people up or put them down. The Marines I know -- active and retired -- have always had too much class for that.

And I didn't realize describing your head meant I was "poking fun at the people who help to provide the very blanket of freedom you enjoy exercising through your blog." You're certainly carrying the world on your shoulders.

As for the back-rubbing comment, maybe you didn't notice but I didn't write that.

Finally, watch your language. I don't interfere with you or your colleagues use of this blog as a forum, but keep it out of the gutter if you're able. And as with any other commenter, this is your first and last warning.

[OC Catholic]

Hey Vince: if you guys are right, why didn't Venus shut Callahan up by just produce the order the Bishop is supposed to have violated? I assume you guys have the order, right?

[Jubal]

Tell you what, Vince. Next time, I will describe you as fit, clean-cut and well-tailored.

[Wondering]

Since Manly and Finaldi read this blog, maybe they can tell us what their fee is in this settlement? What percentage of the $6.68 million do they pocket?

Re. The Matter of Mr. Finaldi's Haircut.

If only the recruiters had told me that by joining the Marines I would never again be subject to criticism, let alone description, I would have signed on the dotted line. What a benefit! How could anyone even argue baseball statistics with Mr. Finaldi? It would be unpatriotic to question him. What a powerful closing argument for a lawyer to have, “in summation, ladies and gentlemen jury, I once served in the Marines, so I must be right”. To his poor wife, “how could you serve me meatloaf again after I served my country”? To a traffic cop, how dare you accuse me of speeding after I spent four years in the Marines?”

A friend of mine went to the Air force academy on a golf scholarship; does this apply to him to? How about the Coastguard? A final thought. My father and the men of his generation, served in World War Two and the Korean War, and I have never heard a combat veteran use such an embarrassing self serving logic.

A final though on our sensitive serviceman: I think Mr. Finaldi was trying to sound like Jack Nicholson in, A Few Good Men. I stead he comes across more like John Goodman in The Big Labowski.

[M. Ryan DiMaria]

In response to the comments about the Manly Troupe and Manly's cohorts, of which I am one, I provide these thoughts. I am a victim of childhood sexual abuse by Monsignor Michael Harris and now fortunate enough to be an attorney representing other victims. I and we care deeply about the people we represent. I and we also care deeply about the safety of thousands of other Catholic children throughout this Diocese and others. To say it is just about the money is neither accurate nor fair.

Respectfully, if you hate me for bringing public attention to this problem, it may be your child I have to represent next.

I never wanted the Diocese to pay me any money, all I wanted was for myself and my family to be treated with respect and dignity when we reported the abuse (to Urell by the way.) And all that we got instead was treated like pariah. The money has been and will always be an integral part of forcing change, plain and simple.

Here is the million, no wait billion, dollar tip to the hierarchy of the Diocese, treat victims with dignity and respect(no mention of money here) and they will never have any interest in filing a lawsuit. As an attorney representing victims, I would love to be out of business tomorrow.

Oh, and by the way, I keep reinvesting the money I got in my settlement into making sure more kids are not abused - this sometimes means litigation. Sort of like the gift that keeps on giving, eh!

I am rather astounded by the egos and arrogance of the plaintiff's attorneys! It almost sounds like they think they have been appointed by God (if they still believe in God) to save all the women in the world that have been 'abused' by anyone working for the Diocese (Clergy or laity).
Aren't women or girls in the public school system worth your time? Not deep enough pockets in the school districts? Wouldn't you get enough publicity? It sounds like you 'protest too much' about it not being about 'the money' Do you really believe anyone with a brain doesn't know that bottom line is IT'S ABOUT THE MONEY!!
I am certainly not unsympathetic to women who have been abused as children or as a teen, or older, I was abused by my father, but through therapy I have healed and I have a wonderful life. But I do take offense at these women being used and abused again by attorneys looking to line their pockets!
I also happen to be a Catholic and a member at St.Norbert Church, and I most certainly look forward to the return of our Pastor, Msgr. John Urell.
DottieRK

[M. Ryan DiMaria]

Dottie (St. Norbert's Parishioner who cannot wait for the return of Urell);

I hope your child or grandchild never needs to come to one of us arrogant attorneys. Hopefully, the work we do will make it so your child or grandchild will never be abused, regardless of your disapproval of our trying to protect children.

Respectfully, yes I/we do also sue entities other than public schools where there is a substantiated case of childhood sexual abuse. We recently had 2 cases against a local public school, non-religious private school, etc. I also sued a dad and grandma for their having sexually abused my client from age 8 to 16 years of age. Anyone who is guilty of sexually molesting a child is fair game and hopefully always will be.

I am sorry to hear you were abused by your father, maybe you would like to come in for a consultation?

[slb]

This is posted on the Manly, McGuire & Stewart website: "A lifetime Catholic, John C. Manly knows how devastating the abuse has been and treats each client with the respect, dignity and compassion they deserve."

A lifetime Catholic who says things such as, "Do you need a Mass beforehand" followed by "Maybe we'll have a Communion service beforehand" as quips and jokes? It really gives one a strong sense of that "respect, dignity and compassion" he claims to have. Apparently you have to be a client first...

And Mr. DiMaria, please. "...maybe you would like to come in for a consultation"? For every good thing you might have had to say, that one sentence erased it all. Not all victims of abuse need to sue, not all victims of abuse need to recover via the legal system or through your law firm. In your case, it certainly hasn't hastened the healing, only increased your hate and anger, or so it would seem.

Standing up for the rights of children and innocent victims is a very noble calling. Don't you, Manly and Finaldi make it otherwise.

[Ron R]

A lifetime Catholic does not necessarily represent a practicing Catholic nor Christian. One has to wonder what influence the abuse has resulted in us individually as we sort out the facts, manipulation of facts, fiction, and theater of the proceedings. It's gotten to the point where we all feel the need to take a side and then taunt the other side to get a reaction.
What is most distrubing about the attorneys in these cases is the use of the media to sell your story and continue to feed the animal who continues writing in the pursuit of selling their newspaper. I'd love to read in tomorrows paper that the attorney's in these cases stepped up to offer their services Pro Bono. Yes I know there is a cost to run a business. But that is precisely the point, the law is a business and one needs to demonstrate their powers of exercising the legal system to protect the innocent. Yet my thinking has been clouded to understand if the attorneys aren't feeding on the innocent any more than abusers. Sorry, I felt the need to deviate to the side thats bugging me.
There are victims in the case. And, if you are reading this blog then you are feeling some pain. Unfortunately some more than others and likely because someone abused their trust challenging their understanding of what is right from wrong and who is right and who is wrong.

[duplojohn]

I smell a lot of money here.

In my Irish Catholic family, we did'nt let lawyers deal with it, I ran home and told my big brothers that the preist had tried "funny stuff".

They went to Queen Of Apostles, threw the priest in the dumpster and told him he'd need last rites if he did again.

Ironically he transferred to Oregon, shortly thereafter.

Mr. DiMaria:
Obviously you did not carefully read what I wrote or you would not have so arrogantly suggested that "I call for a consultation"!
My Catholic faith and therapy is what has given me the peaceful life that I now have! Were I or any of my family in need of an attorney, God forbid, I would choose one that was not interested in the headlines that might occur, as your firm so obviously is. If parents today spent more time with their children instead of abdicating their roll to the schools, etc. they might know if a son or daughter were being abused. I knew who my children were with and where, and they are following the same pattern in raising their children! A girl involved with a teacher for two years and the parents ignorant of that fact is very telling! Abuse should never happen! More involved parents might just be another way to protect their kids. What is more important, a new boat or time with your kids?
DottieRK