-Caveat Lector-

Court orders Phoenix Diocese to turn over files in abuse scandal
http://www.arizonarepublic.com/arizona/articles/0208priest08.html
By Joseph A. Reaves

The Arizona Republic
Feb. 8, 2003

The state Court of Appeals ruled Friday that the Catholic Diocese
of Phoenix must turn over to a grand jury nearly 2,300 records and
documents.

The unanimous ruling by a three-judge panel upholds an earlier decision by
Judge Eddward Ballinger of the Maricopa County Superior Court, who
examined about 3,500 documents and decided that most of them should be
handed over.



Special report
• Priest scandals' Arizona impact

"The church has repeatedly indicated it wants to cooperate," said County
Attorney Rick Romley. "We ask that they turn over the documents as
quickly as possible without further appeals." The diocese could appeal to
the state Supreme Court. Calls to diocesan attorney Jim Belanger and
church spokeswoman Kim Sue Lia Perkes were unreturned Friday. Romley
and the diocese have been at odds for months about the level of
cooperation with a grand jury investigating sexual abuse allegations by
church employees. Church attorneys claim they are cooperating fully.
Romley insists they are stalling. The dispute centers on client-attorney
privilege. In 1994, the Arizona Legislature granted greater client-attorney
privileges to corporations facing civil lawsuits. Lawmakers did not apply
those broader privileges to criminal matters. Ballinger ruled on New Year's
Eve that the stricter standards applied to the church files, as the grand
jury is investigating criminal matters. Church attorneys argued that the
broader privileges should apply. In Friday's decision, Appeals Court Judge
Patrick Irvine said the Legislature was clear when it changed the law for
civil cases and purposefully allowed for tighter restrictions. Also Friday,
sentencing was delayed until March 5 for former Valley priest John
Maurice Giandelone. He pleaded guilty to molesting a teenage boy more
than two decades ago and is cooperating with a grand jury investigation
how the Phoenix Diocese handled allegations of sexual misconduct.








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