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By Kay Ebeling.
Surprise. Church Attorneys increase their full frontal attack to prevent release of LA pedophile priest personnel files in court tomorrow morning with an ex parte request filed September 15th and set for a hearing September 18th, 8:30 AM, Judge Emilie Elias’ Court (address below), a hearing arranged so quickly, it is not even on the public calendar.
A source told City of Angels: "They already have a stay in San Diego. They're trying to stop this process from going through at all, to have the release of documents put on hold for 60 days so (church attorney) Jassoy has time to go to the Court of Appeals."
The Catholic Church now argues: The 2007 settlements do not define and spell out how persnonel files will be released, or even if they will be released. The entire issue is up for argument.
“The Settlement Agreement and related stipulation do not reference the time period following issuance of the Order of Reference within which the personnel files must be sent to Judge Pate. (reviewing San Diego files). Paragraph 1I(a)(vii) to the stipulation / settlement agreement merely states that ‘the parties will immediately work with the Jurist to expedite review of the Files and the documents subpoenaed from Third Parties regarding the Accused offenders.’” So reads Notice of Ex Parte Application Requesting a Stay of Enforcement for this Court Order of Reference (which means stop the release of personnel files, or even the examining of personnel files to consider their release) submitted by attorney Robert K. Jassoy of San Diego, attorney for: “Specially Appearing Individuals.”
So again, obviously, the way to get these personnel files released is for some priest with a conscience to get hold of them and leak them to City of Angels Network or some other news medium. Church hierarchy are going to fight release of files to the end, as any organized crime hierarchy Mad Hatter teams of attorneys would do.
Motion on behalf of the Catholic Church goes on basically to say, Stop everything so that for one, the Church has time to prepare and file papers with the California Court of Appeals: “A stay is necessary to prevent IRREPARABLE INJURY and protect the individuals’ interests so that the files are not sent to and/or reviewed by Judge Pate before the (appeals) writ can be filed.” (Emphasis ours)
Two: “An identical application for Order of Reference is pending with respect to the Clergy I (LA) cases. That hearing is scheduled before this court on October 8, 2008. Should this court order a similar order of reference in the Clergy 1 Cases (should the court grant a stay on all progress in the LA cases as it has in the San Diego cases) it is anticipated that a writ (Appeal) will be filed with respect to that Order.
Church attorneys will just keep fighting and fighting like they've gone solar, and can now last even longer than the Energizer Bunny.
And be just as irritating.
Evidently there is more going on October 8th than the current Superior Court website reveals, where they announce these hearings quietly as: "Hearing-Oral Argument."
The church has already gotten a stay like this in San Diego, and now we should wait until the hearing October 8th, where the church will ask for the same stay on efforts to release documents in LA, and as Jassoy seems to believe, the stay will of course be granted.
“Should this court issue a similar Order of Reference for Clergy I (LA) cases, it is anticipated that a writ (Appeal) will be filed with respect to that Order," reads the church's motion.
The church argues: “Interests of judicial economy will be served by staying” the work on release of documents in both San Diego and LA, “so that writs can be filed at the same time” with respect to the LA Cases and San Diego cases.
"And by this process keep the release of documents from going anywhere,” a source tells City of Angels.
They are asking the court for time to file an appeal so they can fight the entire process of release of documents.
Sorry to have to report it, folks.
City of Angels will try real hard to be at the hearing tomorrow on this stay on all work to release personnel files. This hearing was scheduled so quickly, it did not even make the online calendar. It takes place 8:30 AM in in department 308 at 600 South Commonwealth Ave. At noon today the calendar read: "In the next 14 days calendar, there is no calendar for Case Number JCCP4286."
Robert K. Jassoy, Esquire of San Diego filed the motion.
I have to fit this hearing in with my newest job, this month on "Chef Jeff" in production for The Food Network. . . .
Sigh. Onward
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