FILED SCRANTON van 05 am, 207 IN THE UNITED STATES DISTRICT count ae = FOR THE MIDDLE DISTRICT OF PENNSYLVANIA, JOHN DOE, JOHN DOE, SR. and JANE {Case No.: 3 CV 02-0444 DOE, Judge: Hon, Jones Plaintiff, vs. LAINTIFES” REPLY BRIEF TO EFENDANTS’ OPPOSITION TO. FATHER ERIC ENSEY, FATHER 'LAINTIFES’ MOTION RE: CARLOS URRUTIGOITY, DIOCESE OF _|VIDEOCONFERENCE AND TELEPHONE SCRANTON, BISHOP JAMES C. TIMLIN, [DEPOSITIONS. THE SOCIETY OF ST. JOHN, THE PRIESTLY FRATERNITY OF ST. PETER and ST. GREGORY'S ACADEMY, Defendant, I, INTRODUCTION Defendants Priestly Fratemity of St, Peter and St. Gregory’s Academy have not ‘opposed Plaintiffs’ Motion. Defendant Diocese of Scranton objects to the use of the deposition of Matthew Selinger but does not object to the remaining depositions referenced in Plaintiffs’ motion. Only the two priests who molested John Doe, and their clerical society (Society of St. John) object to the use of these depositions. In order to understand why, it is necessary for the court to have an understanding of the procedural and factual context in which these depositions were scheduled. I, BACKGROUND Plaintiff John Doe was sexually molested by Fr. Carlos Urrutigoity and Fr. Eric Ensey (See Complaint). Not surprisingly, the defendant priests have denied sexually PLAINTIFFS" REPLY BRIEF RE: MOTION TO RATIFY DEPOSITIONS ~ PAGE 1molesting him. However, the deposition test ony at issue in the present motion provides strong corroborative proof of sexual misconduct of Fr. Urrutigoity, and also shows Fr. Urrutigoity to be concealing evidence and having testified falsely under oath in this case. For example, through discovery, counsel for Plaintiffs have uncovered evidence that Fr. Umrutigoity repeatedly slept in bed with boys from St. Gregory’s Academy. In his deposition Fr. Urrutigoity denied this fact (Plaintiffs’ Exhibit ‘I’ - Fr. Urrutigoity deposition). This testimony is contradicted by the testimony of two witnesses whose depositions are at issue in this motion ~ Steven Fitepatrick and Patrick McLaughlin, Steven Fitzpatrick testified that he slept in the same bed with Fr. Urrutigoity, and that other boys did as well. (Plaintiffs’ Exhibit ‘J’ - Fitzpatrick deposition). Patrick McLaughlin testified that he saw a boy sharing a bed with Urrutigoity (Plaintiffs Exhibit ‘K’ ~ McLaughlin deposition), What makes this deposition testimony of these two witnesses especially critical is that these young men are unabashed supporters of these two priests and the Society of St. John, For example, they have permitted their names to be added to the public website Friends of the Society of St. John (Plaintiffs? Exhibit ‘L’) ‘The testimony of Joseph Sciambra, Paul Hornak and Matthew Selinger, also at issue in this motion, provide additional corroborative evidence for Plaintiffs’ case. The depositions of Joseph Sciambra and Paul Homak have not yet been transcribed and received by counsel. However, former seminarian Matthew Selinger testified that Fr. Umutigoity also molested him, and further testified that Fr. Ensey told Selinger that Urrutigoity admitted to this molestation, Later, Ensey attempted to explain away this admission by setting forth the theory that Fr. Urrutigoity has the power to diagnose illness by grabbing a man’s penis (Plaintifis’ Exhibit ‘M’ — Deposition of Selinger). In his PLAINTIFFS’ REPLY BRIEF RE: MOTION TO RATIFY DEPOSITIONS ~ PAGE 2deposition, Selinger testified as to other peculiar perverted sexual practices of Fr. Unrutigoity, such as requesting that a rectal suppository be inserted in his presence as an act of humility (Ibid.). Plaintiffs wish to take additional depositions of out of state witnesses by way of telephone and/or videoconference. Plaintiffs have not been successful in attempting to convince witnesses to fly to Scranton for depositions. In the case of Matthew Selinger, witness was threatened by Fr. Ensey who suggested that he consider leaving the United States to avoid a deposition and also told him that his attorney has “strong ties to the Mafia Exhibit ‘E’). Other witnesses wish to put the SSJ unpleasantness behind them. With regard to supporters of SSI, it is pointless to believe they would cooperate with plaintiffs’ case by flying to Scranton, In their opposition brief, the priest defendants are not only asking the court to prohibit the use of these depositions, but also asking that the court prohibit any future telephone depositions. This request, which belies their supposed concern over minor procedural details of the depositions at issue in this motion, demonstrates that their real intent is to prevent the jury in this case from hearing the compelling testimony of these non-resident witnesses and thus prevent Plaintiffs from obtaining a fair trial in this case, ‘These witnesses are not going to voluntarily travel to Scranton for depositions. II. THE TRUE RELEVANT CHRONOLGY Plaintiffs have set forth the deposition chronology in their originating brief and the supporting Exhibits referenced in that brief. Plaintiffs will now respond to Defendants? chronology. The Diocese of Scranton argues that it received no notice of the Matthew Selinger deposition until the day before it took place. This statement is false. Defendants PLAINTIFFS" REPLY BRIEF RE: MOTION TO RATIFY DEPOSITIONS ~ PAGE 3were provided with the deposition schedule in a letter dated August 26 (See SSJ Exhibit “A’), The parties followed that deposition schedule. ‘The deposition of Matthew Selinger was scheduled to be taken by phone at the request of the defendants but was moved to Thursday as a professional courtesy to Sal Cognetti (See Exhibits cited in Plaintiffs’ original motion as well as the additional Affidavit of James Bendell attached hereto as Plaintifis’ Exhibit “N’). As can be seen by SSJ’s Exhibit ‘Q’, the defendants received notice of the change in the deposition date. Note that Exhibit ‘Q” contains no objection to conducting the Selinger deposition by phone, only an objection to the deposition being a perpetuation deposition as opposed to a discovery deposition.' In understanding the chronology in this matter, footnote 3 on Page 4 of SSJ’s Opposition Brief contains perhaps the most important fact; namely, that defendants never objected to the alleged lack of formality in Plaintiffs’ previous deposition notices. The depositions cited by SSJ in that footnote took place without difficulty or objection. Defendants’ flyspecking of Plaintiffs depositions at issue in this motion, therefore, does not reflect any long-standing procedural fastidiousness in this case, but rather is an attempt to find a hyper-technical reason to prevent this very damaging testimony by disinterested third parties from being shown to the jury at trial (these witnesses reside more than 100 miles from the courthouse). At Page 4 of its brief, SSJ suggests that the decision to conduct a telephone deposition of Matthew Selinger was a unilateral decision by Plaintiffs’ counsel. This is false. As noted in Plaintiffs’ original brief for this motion, it was the desire of Plaintiffs? " The parties’ debates over whether these depositions were to be discovery depositions versus perpetuation depositions is, of course, moot because the Federal Rules to not provide for perpetuation depositions except for pre-litigation and on appeal. All ofthe depositions at issue in this case are therefore merely discovery depositions. PLAINTIFFS" REPLY BRIEF RE: MOTION TO RATIFY DEPOSITIONS ~ PAGE 4counsel to fly to Pittsburgh for the Selinger deposition. The defendants refused to travel and the defendants suggested that the deposition be telephonic. For any defendant to now complain that the deposition is telephonic is an outrage ~ the type of thing that gives lawyers a bad name. At Page 7 of its brief, SSJ again raises the red-herring of the reference to the videoconferencing depositions as perpetuation depositions. In point of fact Plaintiffs’ counsel specifically stated on the record that all of the depositions for the week of November 10 would be considered merely discovery depositions (See e.g., Exhibit * Fitzpatrick deposition). IV. ARGUMENT Plaintiffs are requesting that this court sign an order nunc pro tune permitting the Selinger telephonic deposition and the four videoconference depositions to be used as discovery depositions in this case. Clearly such orders are within the province of the court and Federal Civi Rule 30(b) as well as Civil Rule 1 which states: “They [the Civil Rules] shall be construed and administered to secure the just, speedy and inexpensive determination of every action.” As noted in Plaintiffs’ original brief, the courts favor the use of telephonic depositions to save on litigation expenses. Jahr v. IU International, 109 F.R.D. 429 (N.C. 1986). Where a party shows a legitimate reason for a telephonic deposition, then the burden shifts to the opposing party to demonstrate why a telephonic deposition should not take place. Cressler v. Neuenschwander, 170 F.R.D. 20 (Kansas, 1996). With respect to the videoconference deposition the arguments are even more compelling. Plaintiffs counsel expended close to $5000 so that defense counsel would PLAINTIFFS’ REPLY BRIEF RE: MOTION TO RATIFY DEPOSITIONS ~ PAGE 5have the opportunity to observe the demeanor of the witnesses while questioning them, These witnesses were swom in the by court reporter who looked at them face-to-face. SSV’s argument that the depositions should not be permitted because of alleged improper notice is absurd. The defense attomeys attended and asked questions at all the depositions except for the Selinger deposition. Similarly, the defense argument that the Notice form did not contain the name of the reporter is an argument that has previously been rejected by the courts. See,e.g., Yonkers Raceway v. Standardbred Owners Asso,, 21 FRD.3(D.CNY. 1957). Moreover, at the commencement of the video depositions, the name of the videoconference operating, employer and other required information was read into the record and is recorded on the videotapes. As noted in Plaintiffs” original brief, the videoconference depositions were scheduled to satisfy Sal Cognetti’s post-Selinger request that he have the opportunity to observe the witness’ demeanor while at the same time satisfying his previous request not to travel outside of the Scranton area. No objection was received to these videoconference depositions until Cognetti sent 2 November 7 letter to Plaintiffs’ counsel (Plaintiffs? Exhibit “F” attached to original brief), As noted in Plaintiffs" response letter (Exhibit ‘G’), that letter was sent late Friday after Plaintiffs counsel had expended thousands of dollars for air reservations and other non-refundable videoconferencing costs for the week of ‘November 10 deposition trip to Scranton. At no place in its briefing does SSI explain why these video depositions failed to provide an opportunity for full and fair cross-examination of these witnesses. At Page 13 of its brief, SSJ merely states: PLAINTIFFS’ REPLY BRIEF RE: MOTION TO RATIFY DEPOSITIONS - PAGE 6“Defendants believe that in order to fairly assess the deponents” demeanor and credibility itis important for the attorneys to be in the same room with the witnesses during their respective depositions.” Are defense counsel perhaps able to smell lack of credibility on the part of witnesses? CONCLUSION This is a law suit involving a prep school with students attending from around the United States. It requires the critical testimony of out of state witnesses. Plaintiffs wished to take those depositions live in the respective states where they live, Defendants objected to traveling outside the Scranton area and requested telephonic depositions. Attomey Sal Cognetti specifically joined in this request. Plaintiffs acceded to this request and scheduled the telephonic deposition of Matthew Selinger. Thereafter, Sal Cognetti stated that he wished to observe the demeanor of the witnesses. Again, Plaintiffs acceded to this request and the cartier request not to travel by scheduling expensive videoconference deposition in which all counsel participated. Plaintiffs request that the court Order, nunc pro unc, that these depositions be considered discovery depositions which can be used at trial as any discovery deposition can be used at trial, no more and no less. Moreover, Plaintiffs request that the court permit additional out of state depositions to be conducted by telephone. In addition to the testimony of Fr. Oppenheimer, Plaintiffs wish to depose several other students who may have observed Fr. Urrutigoity sleeping with St. Gregory's students, CERTIFICATION OF COUNSEL Attached to this Brief are true and correct copies of the following documents: Exhibit ‘I’ — Portions of the deposition of defendant Fr. Carlos Urrutigoity. PLAINTIFFS’ REPLY BRIEF RE: MOTION TO RATIFY DEPOSITIONS ~ PAGE 7Exhibit ‘J’ — Portions of the deposition of Stephen Fitzpatrick. Exhibit ‘K’ ~ Portions of the deposition of Patrick McLaughlin. Exhibit ‘L’ ~ A downloaded web page from the Friends of the Society of St. John website. Exhibit ‘M’ — Portions of the deposition of Matthew Selinger. Exhibit ‘N’ — An original 5" Affidavit of James Bendell. Dated this 30" day of December, 2003. PLAINTIFFS" REPLY BRIEF RE: MOTION TO RATIFY DEPOSITIONS - PAGE 8"Bis goes Ehaccr oF “TRANBCRITT OP ORFCSTTION of cp behalf of the plaintifis in the above-entieied cause, herein John Doe, et al, are the plaintiffs and father [Bric fnaey, et al, are the defendante, pending in the District of Pemeylvaria, pursuant to notice, before Nell A Heltant, « notazy public dn and for the county of Te $0 hereby atipulaved by and batueen counsel for the respective pasties that eesling, certification, and Ling axe waived. Te 4s further stipulated by and between eounoel for ‘che seapective partion that ali objections, except to the form of the questions, are reserved to the tine of tril rupex ‘Bumination of Pather Urmucigoity by Mr mended. .P. 3 caumty ter Rascciation, 138 orth Hashington Aven, exurerre Goranton, Fernwylvania and the lav offices of tarry Mather venvetgetty tabibic He. 4, o declaration, ey coleman, Hoqure, 140 Adana Avenue, gexanton, hee Gerotgelty Bebiele No.3," aétidavic, —P? 7 Penneylvanie, on the and day of May, 2003, commencing and ‘endl sa adédaniats °F" 2:22 pom, reepectively, of said day. ey senso eae soita SSP dadaestacatien.. P26 ru A. MRUPART REPORTING SERVICE - 570+ ae vow Te PLASM: smas emo, esoorea | 2 702 Route 434, Shotela, Penneyivanis, 2 witneet waney coumas, ogee | 3 called by the plaincifee, being flzet duly evor, POR DEPTS. aSt/ ‘ ‘vas wanined and test eied: aa follow: ‘uexorrcorTy/sr. sora sa commret, soem 5 SOMIRATION BY MR, smENLL: Pom ONES. DIOCESE OF . 2 mather urmutigoity, you ware hare yecterday scxnern/sIH00 TIMLEH: jsoaars ovaarmn, ascurns | 7 during Pathar Bneey'e dapossticn ‘canna ovannan, score | A ehh on DRPEE, RATRRETY OP HT . 2 You have to ony the word, verm/st. cpnoonr's xcom: ——sosePH tsaow, mogutes | 10 A wee, soon anv, socuins | a2 @ You heard the inexeaiccory language 1 gave 12 above vat a depoottson 40, chat it! snday oath, and ehat 22 LE there'a any differences between your tastineny mow and 24 «tata, the jury can be show shat, ss Do you undarotand that? y © ek do the beet you can. He don't want you 28 to gusce. Suge tell ua what you now, You have to give 20° shechar that’ 4 *Yaa" oF x oho.* a A Yee, Sonny 2 @ sate your full mane? a A carlos Roberto Uerutigoity. 2 @ Have you ever bean kncum by ary other nae?2 seen eurvelvee, 4 AAG Eieot, none, Than athe Binig and Father 2 © Mow, bafore Father Devillere allowed you--or | 2 Daviiiere requsated ehat we become chaplain to the esheo) 2 [you £9 go €0 the eehool, dtd he conduct any ftnee | 3 fav a year, And that une Exon the fall of 1998 through Investigation we to The Soolety of Prieste? 4 the epring of 1299. 5 A Te wns not necenomsy, He knew us from before | © Mae oes char wean, chnpleine for the 6 ae prleote of the Sociaty of 5. Pius the Tenth. 6 ocudenter > © s0 dere your undorntanding chat under nowa'e | 7 A You teu, to celebrate mae, to attend Eo 2 policy, Father Devillere did not have an obligation to 8 hed apiitual needs, and aloo to tench religion clan 2 ake an inquiry because all of you were prlesto . © Then after that period of tine, aid the 10 previcusly~ 18 function change? a A correct n ‘A Yes; because they were able to provide 2 © With me Sockety of Flue the tenth, 32 foeccuith the Pratemity prisete. And oo we had agreed 1 correct? 3 Ghat we would do that function enty for a year, Yas, that “ A correct 34 wae se. 1 2 How Jong did you physicatiy--dtd the aoeiety | ae @ After that one year expired, did you otstl 26 of St. Jotm phyatoally reside at the choot? 36 perform any Hituryical ox epirituel function wich the ” A ABT onid, 1 think from che beginning of 27 studente ae Be, Gregory'e Acadeny? 18 Movenber, 1997 until septeaber 15th of 1995, believe. a aw, 1» @—there did you go to then? here did the as 0 then yout moved to the Shohola propaxty, wan 20, Soctaty move to then, Sf you left the schocl? 20° that within that one-year periad, oF after that one-year a A We went to curve brought our om property | 21 parted? 22 in shohola, Peonaylvanis a A Right after. sacauea we féntaned the 2 2 tose wae your function, What wae the function | 23. chaplaincy in the lace apring of 2999, and we moved out of 24 of all me society priesta, while you were 2iving at the | 24 the achocl when we bought the new property in eptember of 25° Bt. cregory'® Acndeny? 25 1939. 1 A Wall, that changes, you Imow, acconting to 2 © A any tite that you were at The soctety of 2 gencons and needs 2 St. John, whether it's shebola, st. Gregory's Acadeny, oF 3 © Wey don't you give ne--iiet ee aitterent 3 even on tripe, did you ever eleep in the aana bed with a 44 fancesone chat you had? 4 etudent of the 86, Gregory's Acadeny? 5 A. That T have of the other prisste? 5 nw, . ° « Qld you aver eleep in the sane sleeping bag 7 a 7 with © atodene of SE. Gregory’ Academy? . © stare wien your functions, E6e¥e . a te, . A iret, 1 gusee I wae fuse « priser of the ° Qld you aver aleep on the Eloor in a faten, 0 community. Then I becone Superior of the coumnity in 10 oF eons other type of floor bed with a student of a. 1 March, 1998, and T remained ao until March of 2002. and | 1 Gregory's Acadewy? 32 then, for the other miabera, Father Danie! rulterton waa | 32 ‘AT you mean hme 1 alepe next to ecasboay? 32 the Superior before me. Then cur-- Ka functions wera, ¢ | 13 Yew 34 chink, after that, he wan a weaber of cur counsel, he took | 24 @ om haw many occasions Aid that happen? 15 care of Finmncss at centain pointe, than he tock care of | as A but sth the atudanca of Ready, you ant 26 fandealeing at certain pointe, hes+ vat else would he s ‘Then che anewer 19, 0. 37 ave done? --and chan ba wna, for mihcle, im charge of the | 27 2 lat me than go ack And ask the questions 18 noviela for our comunity, T-- I believe those are hie 38 wore broadly. 39 main fanctione. But Af you want we bo go inten nile you wore a priest at The Society of st. a2hn, 2 @ Actually, T could epare you a lot of effort | 20° ahether on the property er off the property, fd you ever 21 hee, Tm not aking for the functions internally at the | 22 leap in bed with any male? 22 Soctety of Se. John ” Aw, a one Tm asking for, shat! were the dutien of the B @ bid you ever eleep in a eleeping bag with any 24 sootety of St. John prieate with regard to studance at st. | 24 male? 28 Gregory's Acaceny? 25 At,> a © That weane aloo two sleeping bage sipped 2 you elept next to him on the floor? 2 together? 2 A fy room, 3 a, 2 @ bo you rmuember uh ole uae én that mon? “ 2 bid you aver wleep on the floor with any ‘ A Yeo. Probably, Father Carey, you toew, © male 5 because ve shaxed rooms with Pather Carey. probably, Paul ‘ A Went to somebody alee? Yee, 6 Mecteasy, you know, other--othar faculty of 4. Gregory's 7 0 Now many times did chat happen? 7 Prienda. You lov, T don't lew how many filenda would be . AT would eay, eavernt times © there, because we--vo eually have between tan to $0 . © “Beverat® could be you-- Do you think st 2 people, wor=s » than ther 10 ie. sOserH O'BRIEN: Te tbe at at is AT den'ess wht-= Whenever there wae a need to | an Geegory'a or shohola? 32° do eonmehing 2ike that, T guets, you Inow. 2 ‘HB MaTIEAD: —shchola, a 2 How often would there be « need to do B Ma. cCo@METT: —shohola, AA souething Ike that? “ ‘DHE MEMS: shoholA, prs A Wed, you-you teow, they would have Isle a | 5 2 the, were any of the other rooms of the house 16 big coming of pecple, you now, to your ccamunity Iie for | 16 cocupied that evening for people with people sleepine? 37 retraate ox Holy Meak or Christan, hove opportunities » a we a © Wow, are you talking about the Acadeny or © Ta there gone gost of a Living room oF dining 39 over the Shohola property shan thie cocurred? 28 room where people could ave slept on the flcce? 2 Ate, on the--our--our property, 2 A By did oleep on the floor there, too. a ©The ahchole property? a @ Some far as you know, were people a A Righe 22° dlotetbuted on the floor equidiarant throughsut the haves 2 © could you describe to me how many aquare fest | 23 Ree. You. ALebough aome-csomet ine om got 24 cha budding wae EMME the prteste tended fn at eho 24 into cone problena, becuuoe lke, you know, we got up 25 thobeta propexty? 35 tasrly easly for Lituruy, and oo forth, and our offices a A Weld, we have a pretty changing situation 2 begun to open Eafely early. 0 shan when we got up, we 2 with ballainge, you know. At one tine, we had only one 2 had Co move everybody thar wae eleaping downstairs 2 house, becuse we land the other house to the comunity of | 3 upetaire, oo that we could, you Inow, go throigh 4 slatere tho needed eoue housing. Than we got-~ He 4 regular--oue regular life, developed 11 the way to four houres. Then we got reduced | = © bo you remenber the nase of any other male 6 back to te houtes, 90 St--it wa kind of changing, you 5 Chat you olepe next to on the floor? 7 know, conseancly, $0 co apes. 7 A Mo, nat at thie point . (@ Do you tanenber che firae cine that you elepe | Me. COMIETET: One minute 9 on a Floor nest to a male at the ahohola property? . (iacwoion off the xecord.) a a 1 (in open hearing.) n © can you rmesber any instance in which you a A He'9 aoking ae to explain the ciramstances. 2 aia 2 2 "War being your attomay. You fuse conterrad 2 A tht particularly, no, 22 with your attorney? u © 5 you cannot recall-- You know that 4 “ we. coma: x 35 happened several tees, But you cannot recall even one of | 35 A that's comrect a6 ther 1 2 ou want to supplement your annua? ” A Tomy noe necal $e dia happen. Tan's " AT belowe thee you understood the never: 30) reanll wactly, you mov, the-the cizcuatances, you 28 Bus, you now, there wae 6 aed because of the ancunt--the 29° koow--you Inow, necessarily, That-- That doeen'é- 28 Flow of people cx, you knov, the eizeumetances in which 20 © can you remecber the name of any male that 20 thinge happened to--t0 do Sha kind of 21 you slept next to on the floor? a © But you don't want to add to that never? 2 av 2 ‘DWE MITES: Te that what you me to 2 2 Ove me nates, b eopleinr u A take cuaey Ps sR. COOUETET: That’ fine, 2 2 Do you rwsenter what room you ware fn sen as A My don't we take a Lebel break?2 ° 42 sleeping in the sane bed sith & student, or a novice wae a 4 © De you know Matthew Salingas? “ © You den'e believe that to be the os « 2 How do you feo hist ‘ 2 bo you know an karen Nadentond . 2 Hoe, do you know that Matthew Sellanger, at . © He vas a seminesian at Winona, Le that right? 9 cone potne, made an allegation that you comitted or 2 A Yee. 19 attempted to commit = ancl inpmpriety with hint 1 © bd you ever snagpropriately tach him Sn a n A Yeo, T think chat be accused ne that Teried [22 eemial vay? 12° to touch him dn hia primate parte a2 Aw. 2 © Ta that allegation esae? 2 2 Do you know shether not Me, Maderford ota u At. 14 ellinger that you had acleated hin? as © Man wna he fret téme chat you heard enat | as 1% Mover heard that batore. 36 attagutson? a © Ae tar ae you koow, id any of the seminary ” A Prom Matthew, a fow days after che incident, | 37 candidates at the Society of Pius the Tenth sleep with 38 you fmow, he claimed took place. 28 other candidates or with snetiictore? » 2 He anid it to your face? 9 A te, 2 a we, 2 2 De yeu know Dom Pattee Pred Presierx? a @ that abd you ony in renponse? a aA x 2 A That Chat wae not the case 2 @ La yeu ever aleep Sn the sane bad with Me. a © bo you rmeaber, roughly. what hie wore were | a3 erates? = A That Z have tried to touch hin in le private | 25 2 Otay. 2 parce a Ama 2 © And you txted to melain the fact emt it did | 2 © Tell ae che ecreumetancas 9 not happen? a A Well, we were CAIK-- T ehine he uae wasting ‘ A diene have to explain the fact, you noe, | for me one night when Z vee iuey with eowsthing alee. Aad Ss thee 5 T think he wae waiting for we. Me felt aeleep on my bed, « 2 You just said, *7E Ald not happen? 6 than T cane in, we eat dom and began tslking, and then 7 A There wae there waar There va no fact, 7 fell asleep, and 1 guess he kegt talking, and then he E612 8 you know, © aateep. And tate the way © happetied > © wat Tm trying to get at te, wae there 3 © Mow many tina did you aleep in the cane bed 10 something he could have confused with enas, somathing 20 wlth ia? 33 innocent Ehat happaned hak he thought wae an a A think that one episode that 1 can rwomaber 22° Inappropriate attempt? 2 © Forgive ae. may have fouled op ay 2 A dle ane hin that question, 22 questioning “ 2 so you naver tnagpropriately couched him, ~ “ But T ehought T had aaked you Strat whether you 1s aw, ‘ever slept in the osae bed with any male at shohola and a 0 oF you never tried to Snappropeiately touch You ead, PM,” Bue that you had wept on the floce? a7 hat a a Aw. 1 2 tat we go back and ack the anne question » 2 Did you aleep in the ane bed aver with 1 again, 20 matthew detLinger? 2 Other then red raster, id you sleep in che ane a At, T dane think oo. 21 bed with any other male while you ware vith the soctety of 2 @ Did you aleap in che aane bad with any man 22 St. John, either at Shohole, 8. Gagouy'e Acadeay, oF at. 2 while you ware at jinona? 23 sone other location? 2 Ath, we have everyhody thelr om rooes, M ‘A Wot that I can recall at thée point, no. as @ bid you ever, at any tine, state that 2s 50 Fred Pracier vould bea the rly one?a A Yoo, you Just reninded we. St, Gregory’. Ty-+ Tay were there, you know, ike 2 Fv got some other names. Thay may renind | 2 viatting. And they came to The Society for Like a Little 3 you too, Te! probably « worthwhile exerci 3) retvest, {fT venesber well. And they came. tod f--f ‘ id you sok chaok, the aon of Huard clayk? 4 gee, you know, took differant epacee, 2-- f wasn’t 5 A Yon, 1 know ha, 5S really eleap wen ehey--ston they cane back--itan they ‘ BEd you aver aleep in the cane bed with sotn | 6 cane that night, T think, And he-- T ehink he brought hte 7 clase? 7 com slemping bag and, you know, he--he elept, you lao, ° © id you aver aleep cn the Floor next to hint . © Mew, you ceaeifted earlier that there was a 1 A Yee 20 coe-your period of Eine where 9.5.J. wae netually residing a 2 bo you rwmasher the cirewmatances when thet | 22 at Gt. Gregory'e Academy, and 18 vas about the tie thar 22 ccomned? 32° you were leaving that that one-year chiplaincy ended, ia » AT thine 12 wae ve were coming back trem = 23 that correce? 34 tel with him and other 6. Gregory graduates. And, u A we. 25 again, the eae type of ehing that we topped at cur ss 2 Mow, sme there any additional renscn-—waa 26 property, and, you koow, \e--there vere, you lei, a need | 16 there any reason for student to be--students from St 27 for opsce oF whatever, and then T think ne wee with him, 27 Gregory" Readeny 29 be visiting Te Society Of St. Jota a8 and 28 at the shohola property after that one-yeur period? » e hot "hee 2 A Definitely, becmune of the parente. We vould 20 a 29 come with parents. You know, sometimes parents sould be a e 21 together with this groves of pecple, ao sone of the 2 A —-bane-Dan Keny--Dantel ere, 1 chink St wan | 22° parente would be aleeping in, you knou, Like the guest 23 very close to ur F don't remmnber tho alee wae 23 room thar weve dedicate to then, and ecae of their sone, 24 there, fue there waa, you nov, a group of people, 24 you foow, would be oleeping in shatever, in our Living ea 0 How many people in ente group? 25 room or vhataver sleeping quarters 2 A dene recall, enaceay. a 2 Re ad etudents ever cone alone without 2 © But the group wae go Tasge that thay had to 2 thats pareater 2 be congregated in your xocu? 3 AT thine once for a camping extp. Bue T don't ‘ A Eden’ thine St won't $n ay room, becauce-- | 4 think that they stayed at The society. They just walked 5X2 done Know sft nwancn Se wae. sue T entre se were | § chrough the property, and went on thelx way to shohola 6m eowernin eowe--in OUE--T thinle An our Living room oF 6 Palle, £ enink, Te ae a camping trip. And chay cane, 1 7 womathieg 2tke that. te wmen't 49 ay room 7 think, with-+ din’e thine Twas Chere Ohat day Bue . @ Tate group of people, aid they come in one they cane for capping, and they asked parniaeicn shather 2 motor veticle? 2 thay could walk the property. a Me, naan, probably, © wae tio or three © nd we said, “Yee, you could walk the property." 31 care, don't samonber. a And 1 think they brought sone dorm fathers and, 2 © Two oar or three cnre? 22° prcbably, some faculty. T don’t reamber, you know, » Deeg think, you know 32 bwowien T wman't there, 7 think “ 2 te far an you tnow, there wore no vacant bada | 34 © 0 after that one-year ported whan you Left 15 thoughout the Shabola property for them to elaap in? 36 the Aendmay, and you were with che Shotola property. ehere a RM noteoEo-T don’t think 20, you few 36 wae no atadante mating overnight visite, for sxmple? v © Did you ever eleep An the oame hed with simon | 27 A Mo, T don't thine wo, unless with parente 18 tamer? 38 oe-you know. 1s a te » teem, without parente 2 © id you aver eleap on the floor next to nine | 20 Amo, 1 donve-~ ny Bectuae Ehey coulde’t Leave a A Yor me think about that, G€ 2 can recnll. ¢ | 21 the echool. They Inve to do their school 22, think, once, 1 thine, once. 2 © Did any etudente stay oveanisht in your roo a @ Mist were the clzoustances when Eat 23 wpe you were at Shchola? 24 hapeened? 2 A Of Se. Gregary'a? Pa A kink they were coming after graduation at | 25 eve,111003F itz. txt JOHN DOE, JOHN DOE, SR., : IN THE UNITED STATES DISTRICT and ANE’ DOE, Plaintiffs: FOR THE MIDDLE DISTRICT OF PA vs FATHER ERIC ENSEY, FATHER : CIVIL ACTION - LAW CARLOS URRUTIGOITY, DIOCESE OF SCRANTON, BISHOP C. 7 TIMLIN, THE’ SOCIETY OF ST. JOHN, THE PRIESTLY 7 FRATERNITY OF ST. PETER, and ST. GREGORY'S ACADEMY, : Defendants: No. 2000-cIvrL-2961, TRANSCRIPT OF DEPOSITION of STEPHEN FITZPATRICK, as taken on behalf of the PLAINTIFFS, pursuant to notice, before Gloria anzalone, a certified shorthand reporter in and for the County of Lackawanna, Commonwealth of Pennsylvania, at The Video-Conferencing Facility at marywood University, 2300 Adams Avenue, Scranton, PA 18503, on the 10th day of November, 2003, commencing at 1:17 p.m. and concluding at 1:53 a.m., of said day. EX APPEARANCE Page 110 nn 12 2B 1 1s 16 wv 18 19 20 21 22 23 24 25 weanauewne 10 111003Fitz. txt The society of Saint John's, T object to the methods used for taking of this deposition. we will even submit that this deposition is being taken in contravention of Rule 30(b)7 of the Federal Rules of Civil Procedures. In addition, we object because we believe that there has not been adequate notice pursuant to 30(b)1 of the Federal Rules of Civil Procedure. and, finally, we object because it is against the spirit of rule 30(b)4, that live testimony is preferred over video testimony. I state those objections on the record. We are here, we will participate, but by our participation we are not waiving any of our objections to the method used for this deposition. in addition, I'm not sure that the method being used is technically correct. saying that, I am now asking you, mr. sende11, if you'll give us an offer of proof as to this witness. MR. BENDELL: First as to an offer of proof, I have stipulated earlier this morning that the depositions for this week can be simply considered discovery depositions; however, I'm also willing to make an offer of proof anyway, and that would be exhibit 1 of which is the only information I assume this Page 414 1s 16 wv 18 19 20 21 22 23 24 25 weraneune 10 i 2 13 14 15 16 111003Fitz.txt MR, BENDELL: James? MR. O'BRIEN: Yes, we would join in ‘the objection with regard to what we would see as a violation of 30(b)7. That's all I have. STEPHEN FITZPATRICK, called as a witness, having been first duly sworn, was examined and testified as follows: EXAMINATION BY MR. BENDELL: Q Good morning, Mr. Fitzpatrick. could you tell me where you reside at the present time? A My home is in ottawa, Canada, but right now I'm going to school in Santa Paula. Q And that's at Thomas Aquinas College? A That's correct. Q what year are you in? A r'ma senior. Q and did you at one time attend saint Gregory's Academy? A I did. Q was that from 1996 to 20007 A It was. Q would you please look at Exhibit 1 for a moment and tel] us if you recognize that document. A I do. Q Is this a copy of a letter you sent to Bishop Timlin in February of 20027 Page 610 1 2 23 cy 45 16 wv 18 19 20 2 22 23 24 25 111003Fitz.txt Cognetti points out the rules provide that discovery depositions in some cases can be used at trial. However, T didn't write the rules, so this is a discovery deposition. anyway, the witness says -- BY MR. BENDEL: Q what was your answer, there was no cigarettes that you know of? A To which question? Q Did Father Urrutigoity buy any tobacco for ‘the young men? A I'm sorry, the volume cut out for a second. Q Did Father Urrutigoity buy any tobacco for the boys? IN No. Q Now you're not willing to tel? me whose house you stayed at. Can you tell me if the owner of the house was at the house? A I don’t understand why -- no, x don't want ‘to answer that. 14 Q So you won't tell me that, either? okay. who else was in the house besides Saint Gregory's students and Father Urrutigoity? were there any other adults? A I don’t want to answer anything about the circumstances of anybody else involved with that, counsel, about the house and who it belonged to, Q without answering the question, can you tel] me why it is you want to talk to an attorney before Page 13as 16 v 18 19 20 2. 22 23 24 25 earaunune 10 i wz B 14 Bt 16 Ww 111003Fitz. txt 1 keep repeating who I am, I don't know why, but I'm going to go through your statement in a little bit more detail if T may. Do you know of any improper conduct on the part of Father urrutigoity or the part of Father Ensey? A No. Q Did Father Urrutigoity or Father Ensey ever make any sort of improper sexual advances towards you? A No. Q Did you ever see Father Urrutigoity or Father Ensey ever make sexual advances against any student? v7 No. Q Do you believe Father Urrutigoity or Father Ensey is a homosexual? A No. Q Has any student ever told you that they have been engaged in any improper sexual conduct with Father urrutigoity or Father Ensey? A No. Q Now you stated that you stayed in the same bed with Father Urrutigoity, is that correct? Yes. Were there other people in the bed? Yes. How many other people? ‘one. and were there other people in the roon? > RP re rer I don't recall but it's most likely. Page 16111003McLau. txt JOHN DOE, JOHN DOE, SR, : IN THE UNITED STATES DISTRICT and JANE’ DOE, Plaintiffs: FOR THE MIDDLE DISTRICT OF PA vs : FATHER ERIC ENSEY, FATHER : CIVIL ACTION - LAW CARLOS URRUTIGOITY, DIOCESE OF SCRANTON, BISHOP C. : TIMLIN, ‘THE SOCIETY OF ST. JOHN, THE PREESTLY : FRATERNITY OF ST. PETER, and ST. GREGORY'S ACADEMY, : Defendants: No. 2000-CIVIL-2961, TRANSCRIPT OF DEPOSITION of PATRICK MCLAUGHLIN, as taken on behalf of the PLAINTIFFS, pursuant to notice, before Gloria Anzalone, a certified shorthand reporter in and for the County of Lackawanna, Commonwealth of Pennsylvania, at The video-conferencing Facility at Marywood University, 2300 Adams Avenue, Scranton, PA 18503, on the 10th day of November, 2003, commencing at 1:54 p.m, and concluding at 2:14 a.m., of said day. APPEARANCES: FOR THE PLAINTIFFS: JAMES BENDELL, ESQUIRE FOR DEFENDANTS ENSEY: SAL COGNETTI, ESQUIRE AND _URRUTIGOITY/ SOCIETY OF ST. JOHN FOR DEFENDANTS: JAMES O'BRIEN, ESQUIRE, DIOCESE OF SCRANTON/ BISHOP TIMLIN Page 124 25 wean anewnnn 10 uw 12 2B 14 15 16 Ww 18 19 20 2 22 23 24 25 111003MeLau. txt attend Saint Gregory's Academy? A Before I answer any of your questions, 6 I just want to tel? you that anything T say here now ‘is subject to change because 1 haven't had an opportunity to get counsel yet. You've given me three days which were weekend days, so T just want you to know that. Q ‘That's fine. 1 instructed the process server to serve you as soon as possible but that didn't happen so I apologize for that. Getting back to the first question, did you attend Saint Gregory's Academy at one time? A Yes, 1 did. Q what years? Ar believe my freshman year there was 1995 through 1999 when I graduated, Q And where are you attending school now? A —-x'm attending schoo? at Thomas Aquinas college, Santa Paula, california. Q what year are you in? A I'm a junior. Q When you were at Saint Gregory's Academy, did you know Father Urrutigoity? A idid. @ Did you know Father Ensey? A Yes. Q Did you know any other priests of the Page 6ean nueune 10 wu 12 3B 14 16 16 Vv 18 19 20 a 22 23 24 25 111003McLau. txt get to those but once he answers the first question then I'm going to go on one, two, three, four, five. BY MR. BENDELL: Q Mr. McLaughlin, what part of my question don't you understand about sleeping in a bed? A The, in the bed, part. Q what part of that is not clear? A Does with simply mean in the bed or in ‘the room or? Q In the bed, actually in the bed. A To the best of my knowledge I think I have witnessed maybe one instance, but that's it. Q And when was that? AT can't recall when it was. Q Well, was it while you were a student at Saint Gregory's Academy? A Yes. where did this sleeping incident occur? In the bedroom of one of the priests. and was that at the shohola property? No. eP>reare where was it, at Saint Gregory's Academy building? Yes. ‘And who was the priest? A Father urrutigoity. Page 8wearausn 10 uu 2 13 14 15 16 v7 18 19 20 a 22 23 24 25 111003mctau. txt, Q@ And who was the student who slept with him? A x don't recall. Q And how is it that you were able to witness this? A I came by looking for Father urrutigoity. Q@ And you went to his room? A Yes. Q And you saw the student in bed with him? A I did not see the student in bed with him, 1 saw the student in his bed. Q And was anybody else in the room besides the two of them? MR. COGNETTI: T object to the form ‘of the question. He didn't say Father urrutigoity was there. BY MR. BENDELL: Q Was Father urrutigoity there? A I don't recall. He did return to his room, he might have been in the bathroom. 10 What time of night was this? A Anywhere between the hours of 12:00 and 3:00. Q@ was the person, the boy in his room asleep? A yes. Page 9Friends of SSI questions Page | of 4 FRIENDS OF THE SOCIETY OF ST. JOHN QUESTIONS??? To submit a new question send an e-mail by clicking here. Who initiated the formation of the "Friends’ The Friends of SS! was formed by i's members at our own suggestion. We fett that priests in the proper order of things should not be distracted from their daly prayers to defend themselves. In fact we felt itwas fitting that the faithful defend it's priests, particulary in such a sad case as this where the detractors are Catholic, “itis no small prudence to be silent in the evil time, and to turn within to Me, and not to be disturbed with the judgment of men.*--Thomas a Kempis My Imitation of Christ, ‘We as the "Friends" feel compelled to defend the priests of SSI because we see this attack as one against not just a small seedling within the Church, but rather an attack on Holy Mother Church herself, by Way of her chief representative in the Diocese of Scranton, Bishop James Timlin. It is our duty to defend our Bishop and our priests while they remain committed to their duty of daily re- enacting Calvary Why the "i" in Friends of SSI? SSI has simply been the acronym used to refer to the Society. SSI are the initials for the Latin translation of Society of Saint John. The Latin translation is Societas Sancti foannis. Who are the Friends of SSI? The Friends of SSI are men women and children, laity and religious alike who support the Society of ‘St. John's mission and attest to that support by formally submitting their names to this website. To date they include Alexander, David L. Anderson, Robert Charles ‘Auro, Fadi Thomas Maria Ayala, Craig & Barbra & Family Baird, Andrew Baird, Megan Balbi, John Balbi, Rosemary Baron, Michell Bateman, Russell & Family Beck, Michael & Cecilia Bissex, Maria Virginia Blonski, John & Rebecca Brown, Mr. Jim Russell Bateman is the President of Buckley, Christopher Friends of SSI httpv/www.friendsofssi.com/questions. html 12/29/2003Friends of SSI questions Page 2 of 4 Burrus, Derk Bryant, Kevin M, he is available via e-mail at Byrne, Paul ‘Tbarefootkids@socantel net Cacich, Milvia Cadrin, Philip, he is also available via snail mail at: Cain, Mr, Gilbert B P.O. Box 105 Castro, Fr. Erwin South Canaan, PA 18459 Chegwidden, James Chijfoke, Anabidom Charles Chow, Augustine K. C. Cintorino, Mr. & Mrs, Jack J. & Family Cleveland, Benjamin Board Members of Friends of SSI Consol, Remedios Creager, Vanessa Joseph Mioni Cruz, John Nancy Price Cuseo, Deacon Tony ‘Amold Swanson Dang, Rose Marie Andrew Zuranski Daly, Mary Ann & Gerry Terry Zuranski DeBarbier, John DeCaro, Gregory and Mary DeCruz, Ann and Savio de Femandez, Lilian Castellani Delaplace, Christine & Family fone DiGiovanni, Dr. Angelo Gino ‘Anthony Mioni Dinovo, Tony Drummond, Bob & Ann du Boiss, Alfred J Dufourg, Esteban Dufourg, Teresa Edmunds, Delores Eliot, Jane S Espinosa, Gabriel Fahey, Antoinette Fahey. Francesca Fahey. Jean’ Fitzpatrick, Sean Fitzpatrick, Stephen Flannery, Timothy Fraser, Fred Freeman, Grant Freeman, Meilda Fullerton, Maryanne Fullerton, Rebecca Gaetano, Maria T. Gajewski, Bob & Barbara Goyette, Mary & Gilles, Graves, Martha B. Guth, Bob & Geri Haller, Stephen and Christiana Hamilton, Nichotas, Hamilton, Pam Hamilton, Suzette Helguera, Roberto Hewko, Dr. Walter & Lucette Holmes, Jeremy & Jacinta Hudson, Gareth Hudson, Natalie Jones, Frederick kerr, Danie! Klassen, Joseph hitp://www.friendsofssi.com/questions.htm! 12/29/2003eee Friends of SSI questions Page 3 of 4 Kramer, Kirk Lally, Sheree Landell, Brendan Lawrence, Justin Lieberman, Charles & Bette Rose Lillard, Jackie Long, Carol Mace, Robert H. Jr Manssur, Bret Marsh, Janet Martin, Bryan Massett, Louis McAdoo, Mr. Nicholas McAdoo, Patsy & Andy MeCattery, Brendan MeCattery, Jason McCatfery, Justin MeCattery, Kevin McCaffery, Vanessa McCarthy, Mr & Mrs Patrick G. & Family Melnemey, Stephen MeLaughiin, Patrick McSheffrey, Michael Mehu, Anne Miler, Christopher & Family Milles, Michael A. Miller, Sharon A Mioni, Anne Marie Massett Mioni, Anthony Mioni, Joseph & Family Monroe, Daniel Morgan, Ann Mylott, Mr. and Mrs. Raymond L. Jr., Esq, Nardi Henry & Family ‘OBrien, irene O'Sullivan, Michael & Family Overkamp, Robert Payne, Tony Peterson, Julia Price, Nancy & James Ranieri, Eileen Ranieri, Thomas Rappel, Russ & Suzanne Rauschert, Malinda & Philip Riccio, Richard Robinson, Alan Robinson, Linda Rush, Agam Rush, June ‘Sanweh, Wassim ‘Schimef, Wiliam ‘Schwerdt, Mark ‘Schwerdt, Thomas, ‘Shelton, br. Chris Sheridan, Anne ‘Smegeiski, Fr. John Sr. Anna Marie Stedman, Timothy D. Sulivan, Charles, Sureev, Denis http://www. friendsofssi.com/questions.htm! 12/29/2003Heatseal as aaa a NS in a iS a SSS sere essu sna nS rUEDnISE nn UTNE SS CUED Friends of SSI questions Page 4 of 4 Swanson, Cate & Arnold Tanner, Simon Utietiang, Bekeh van Beek, Garret "Gumby" Venette, Rev. Howard J. Walker, Tom & Family Walsh, Mary Ann Wasilewski, Keith J Watson, vil M Waymoutn, Ami & Tray Wayne, and Alison Marone Witlemann, Erick Yellico, Glenn and Lissette Young, Alex ‘Young, Brendan Zelinski, Corey Vincent Ziming, Alex Ren Zuranski, Andrew & Therese ‘The Friends held their inaugural meeting February 21, 2002 Previous Page Home Join Friends of SSI http://www. friendsofssi.com/questions.html 12/29/200310 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JOHN DOE, Plaintiff, Civil Action vs. No. 02-0444 FR. ENSEY, FR. URRUTIGOITY, DIOCESE of SCRANTON, et al, Defendants. Deposition of MATTHEW SELINGER Friday, October, 24, 2003 The deposition of MATTHEW SELINGER, called as a witness by the plaintiff, pursuant to notice and the Federal Rules of Civil Procedure pertaining to the taking of depositions, taken before me, the undersigned, Jessica L. Tapia, a Notary Public in and for the Commonwealth of Pennsylvania, at the office of Marks, O'Neill, O'Brien, & Courtney, P.C., 3200 Gulf Tower, 707 Grant Street, Pittsburgh, Pennsylvania 15219, commencing at 10:10 o'clock a.m., the day and date above set forth. COMPUTER-AIDED TRANSCRIPTION BY MORSE, GANTVERG & HODGE, INC. PITTSBURGH, PENNSYLVANIA 412-281-018910 1. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 And I says, "I don't have any, you know, trunks or anything." And Jason said the same thing And he says, "We're all men. You never been naked in front of a guy, your buddies?" I'm like, "No. Showers, locker room," I says, “but I hardly want to jump into a cold river naked." That was the first incident, Didn't think much of it. I thought he was a weird Argentinean priest trying to learn how Americans were and trying to be cool with us. Then I was -- during Lent, I wanted to give up meat for 40 days. And I thought it would be very hard, but I wanted to try it. And I did it for a couple weeks. And I got constipated, I got real sick, because I was living off of soup and vegetables. So there was a guy in the seminary, Anthony, I forget his last name, he was Italian, he always had a pill for everything And I went to Father's room and I says, you know, "I'm sick and I haven't went to the bathroom in two weeks." I said, "I need something to, you know, go to the bathroom." And I says, “I know Anthony got Metamucil. Can I get some?"10 ul 12 13 14 18 16 17 18 19 au 22 23 24 25 11 He said, "Well, I'll go ask for you." He went and asked and he came back and he said he didn't have any, which threw my mind real quick. I figured, the guy's always got it, but why would the father lie? And he says, "I'll go to the store and get you some." So he came back with a depository Q You are talking about Father Urrutigoity now? A Yeah. He came back and he gave it to me. And I went to put it in my mouth, I didn't know what it was. And he says, "No, that goes in your rear." I don't know if that's the word he used, but -- And I says, "All right. T never heard of these.” And he says, "They're common and they work the best." All right. So I went to the bathroom and he says, "What are you doing?" And I says, "I'm guess I'm going to do this." And he said, "What; I'm not your friend?"11 12 13 1s 16 17 18 19 20 21 22 23 24 25 12 He says, "Why do you have to go secret to do something like that?" I says, "Well, I have many friends, but I don't want them watching me pee." And he says, "Well, I think that's" -- and this is the big thing with Father U, is, "That's part of your pride, Matt. You know, you come from a rough background and you depend on your own strength to do everything, and you have to break your pride to let God get into your heart, because with self-love, God can't get in there. And all these things that he said is true. But they don't apply, obviously, in this And reluctantly, I says, “Okay.” And I kind of went into the bathroom and did it real quick. And he came in, and I did it without him and he got real mad at me. And I just says, "Well, Father, it's going to take me a while to be able to swallow that much pride." Does that answer the question? Q Yes. A Okay. 2 Also, while you were at Winona, did Father Urrutigoity ever express to you some sort of a10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 they needed their own bed and privacy. And the seminarians and priests didn't want to be downstairs. We were told by the priests, because, unless you sleep in your cassock, you know, during the night, what if somebody, one of the women or something, comes down to go to the bathroom and she's not dressed properly or you're not dressed properly? We kind of wanted to give everybody their own privacy, and that's why I took the floor. ° What happened that night, later? A I was sleeping and pretty much I woke up and his hand was on my private area. Q I know this is embarrassing, but to be specific, what organ was his hand on? A What do you call it? The unvulgar word is “penis.” Q Was it the penis or testicles; which was it? A It was the top, you know. ° The top of the penis? A Well, no, the actual penis. Q Okay. His hand was on the penis. Now, how do you know it was Father Urrutigoity's hand?10 a. 12 13 14 1s 16 17 18 1g 20 21 22 23 24 25 22 A Well, I felt it and I noticed it. You know, a guy's sleeping and they wake up, the first thing they notice? Q Yes. A Okay. Well, when I woke, I was in that state. Q You had an erection? A Yeah. Q And then what happened? A And his hand was on the bottom of it. Well, T knew it. And T opened my eyes and he was kneeling beside me with his hand on the bottom of my penis and I was erected. Q "He," being Father Urrutigoity? A Yes. Basically, T was caught between two things. I wanted to jump off and rip his head off, and unless I could do that, I could do nothing. I thought about it and I might have been okay to do it, but my dad told me once a guy hit a priest and his arm was frozen forever. Now, Father U, regardless, whether he's a killer, a rapist, a mass murderer, whatever, he's a priest. And I'm afraid to hit someone who was, although he's that kind of a man, he is an10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 Alter Christi. And you know, you don’t lightly maim or kill a priest, regardless of what they do, unless you are trying to save a life or whatever. I was hurt because everything in the back of my head that I started to think about him was confirmed at that minute. And I basically wrestled in my sleep, like I was waking up, to scare him. He took his hand off me. I rolled on my side and I just laid there He crawled back up in the bed real quietly and I laid on the floor for the rest of the night. And my basic question was: When I came to the seminary and I offer myself to do the best that I can, and he's my spiritual director, and I put my spiritual life in his hands, but I did it through our Lady and our Lord, how in the heck can they let this happen? The very person I'm supposed to trust and do trust, and they let this priest do this to me. So that was my confusion, not so much Father U, because it all came clear to me what he was, what his intentions were. And that was something where, either beat the hell out of him or walk away Q So how long did you continue to stay in that house? A Well, the next night, obviously, what I14 18 16 ay 18 19 20 22 23 24 25 32 left, I don't want to know why." But he already knew. He said, “You just need time to get away. Do you want to come out te California?" "Yeah, That would be great." I flew out, I got there. After a couple days, we were on the beach and it was at night, we were walking and he asked me how things were going and I came out and I just told him. I told him everything, what Father did, everything. When we were done, Father Ensey looked at me and he said, “Obviously, I can never go with this man. I can never talk to him; nothing.” ° Referring to Father Urrutigoity? A Yeah, I said, "Well, no kidding." So, the next couple days, we didn't really talk too much about the details, again, and I went home. When I got home, he called me and he said that he was going to Scranton to confront Father U. I said, "Well, go ahead and call me when you're done." He called me from Scranton and said Father U was in Rome, when he got back he would talk to him, He called me a week, two weeks later, and he says, "I've talked to Father U, I told him what you20 11 12 13 14 15 16 V7 18 19 20 21 22 23 24 25 35 confronted Father U and Father U admitted it. And I says, “What the hell are you still doing there? He says, "We still have things to talk about. I says, "Well, when you figure that out then you can call." Pretty much, "Well, obviously you don't believe me now, or you do and you don't care. and so therefore, why am I still talking to you? Bye." He later came back down, wanted to talk about it more and everything and he told me that it happened like it did, but Father U said that I was sick and he was doing that because he can tell if you're aroused, you're sick, or like, if you look at someone's tongue and it's all cracked then there's something going wrong in the soul, because it's so connected to your innard organs, and stuff like that. It was a medical reason that he said that he was doing this. ° Father Urrutigoity had some sort of medical protocol involving touching e man's penis to see if he's sick? A This is what he claims. He would do a bunch of things like that. He said he would give10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 communion and look at people's tongues and tell if that person was suffering more than the next person with, you know, a smooth tongue. And he said he could do this, you feel this guy, whatever, and you can tell that there was something being bothered. And my thing was, "Father, every guy knows when you wake up or when you're sleeping, if you're comfortable, it happens." Q Right. A That's a bunch of bull. You know, Father Ensey was asked, this is where he first denied me telling him, because Father Ensey was asked by Bishop Timlin if I ever told him. Father Ensey said, "No." And he told me the reason he said no was because he was my spiritual director and felt in confidence that couldn't tell Father Ensey that - Bishop Timlin that. Q I see. So at this point, Father Ensey had become your spiritual director? A Father U told him to take care of me. Father Ensey listened to me when I was out in California, talked me through with it. After that, there was really no other things in friendship. Honestly, I never really looked at him as10 a 12 13 14 15 16 aq 18 19 20 21 22 23 24 25 45 And I says, "I ain't going to ask you if you did, obviously what?” He's like, "Of course not." And I said, "I know, I know, I just, you know -- formality. And he said basically, if I'm subpoenaed, and he made it sound like it would be a thing just against Father U. And if I answered the subpoena, and went to court and I told my story, it would bury Father U, which in turn would bury him, because he's associated with him, he's my friend, and if I bury Father U, then it's going to bury Father Ensey, him. I says, “Yeah, that's a possibility." I said, "Father, you kind of had many chances to get out of this.” "Well, you know, I have. TI went to this diocese," and so forth, And then he said to me, "You know, if they subpoena you, you can't get out of it. Now, you can leave the county." And I says, "Well, you know, my wife and kids; I have a family, I have a job. You just can't pack up and leave. I mean, if it was to save somebody's life, a friend, and I had to move, that's something to consider, but not to not go to court10 aa 12 13 14 15 1g 20 21 22 23 24 25 46 because Father U might go to jail or get money. Not only do I not care, but good. And, you know, maybe this won't happen to somebody else." And he says, "I know. I know. I was just telling you that that's the only way to get out of the subpoena." And he said, it was along the lines of, "You know, you really can't lie." And I said, "Father, you know I don't lie you know I'm not going to lie, especially in court and especially when I have no reason to lie. I'm not getting anything out of it and I got no agenda. I tried to walk away from this five years ago. Everybody keeps calling, 'Tell your story again. Tell your story again. Tell your story again.’ And every time I do, no one believes me anyhow or they do, like Bishop Timlin or his guys said they believed me, but I wasn't asking money so they left me alone and they figured I would just go away, which I tried. Now Bond and all of this happens again. So I'm not going lie." And I started thinking, well, he threw two things out on the table, get out of the country, lie. Okay. Q Right. A The third was, he says, "Well, my lawyer,10 1 12 13 14 15 16 v7 18 19 20 21 22 23 24 25 a7 he's a very" -~- first he discredited this guy. I don't know this guy, but basically, he said he's a mental case. Q You mean the guy who was charging molestation? A Right. "He's a mental case and he's looking for sympathy and a buck." And I says, “Okay. But you know what, Father, you know, he may be, but not everybody that's been accusing Father U" -- and we're not talking one or two, we're talking three or four, and I know, myself, another person who was molested by Father U, who nobody knows about, and this guy, if came out and told, his reputation is impeccable. I asked him, I says, "If it ever comes to something, do I bring up your name?" And he said, "No." And I said, "Why?" And he said, quote, “Because I don't want to deal with the shit you're going through," end quote. So he told me that this lawyer, his lawyer Father Ensey's and Father U's lawyer is a good man, Catholic, he wants to know the truth, he would like t talk to me.10 ql 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 4g And I says, "All right." He says, "Of course, you know if anybody knew this was going on, we could get in trouble Basically, he could get in trouble Q Father Ensey or the lawyer? A Father Ensey and Father U, because they're pretty much coming to me, knowing that I'm going to be subpoenaed and trying to get as mich information, and try to get me on whatever, to do whatever before I get subpoenaed. He says because he can't talk to me definitely after I get subpoenaed or it's an interference or something like that. So he says, "This guy is a good guy, he's everything." And then he says, and this is what struck up red flags, "He's a good guy. He's got strong ties to the Mafia. He's not in the Mafia, but he's got good strong ties to the Mafia," and left it at that. And then it hit me, the format that he was going, he said, one, "You can get out of the country to avoid the subpoena.” Two, "If you don't do that, and you have to go, what about lying?" I mean, he didn't ask me to do it, but he brought it up. Three, "My lawyer wants to talk you and10 qa 12 13 14 15 16 47 18 19 20 21 22 23 24 25 49 he's tied with the Mafia. So to me, in my head, there was a format of trying with the least, where you leave the country, get him out of the way, “Would you lie?" I'm saying this is the format that I'm picking up. And last, was the threat, I think was an outright threat. Why would he tell me that his lawyer is in the Mafia, which I think is just stupid, because he knows me. Do you think I'm going to get scared and say, you know, "Okay. That was enough. Boy, they might come kill me." I'm got going do anything. And that's when -- that's when I made my judgement of Father Ensey. Whether he came up with’ that himself or was sent to do that, I don't know. The guy hasn't talked to me for a year and all of a sudden, he comes down and says, “If you're subpoenaed, these are the things that's going to happen. So I told him -- right away, I thought to myself, The Godfather. Keep your friends close, keep your enemies closer. I told Father Ensey, "Sure, I'll talk to your lawyer, I'm telling the truth. I can tellIN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JOHN DOE, JOHN DOE, SR. and JANE Case No.: 3 CV 02-0444 DOE, IFTH AFFIDAVIT OF JAMES BENDELL. Plaintiff, vs, FATHER ERIC ENSEY, FATHER CARLOS URRUTIGOITY, DIOCESE OF SCRANTON, BISHOP JAMES C. TIMLIN, THE SOCIETY OF ST. JOHN, THE PRIESTLY FRATERNITY OF ST. PETER and ST. GREGORY'S ACADEMY, Defendant, James Bendell, being first duly sworn, deposes and states as follows: 1. Tam one of the attomeys representing the plaintiffs in this case. 2, This affidavit is made in response to the affidavit of Sal Cognetti dated December 18, 2003. His affidavit is false. As stated in my AMfidavit dated October 27, 2003, the deposition of Matthew Selinger was moved from Friday to Thursday at the specific request of Mr, Cognetti so that he could attend the inauguration of the new president of Fordham ‘University (See attached). It is shocking that Mr. Cognetti would deny this fact in an affidavit. FIFTH AFFIDAVIT OF JAMES BENDELL - 13. Atthe January 27, 2004 hearing in this case Plaintiffs will request that the court place the other attomeys in this case under oath so that they may be questioned about this fact. oeeninnyy, “owl, Ae : My commission expires _/ "29.07 Lcerpisy that cayhed a trae copy of thispleating eybormiled to Govngti O'Byéafand Wéson on bf wed FIFTH AFFIDAVIT OF JAMES BENDELL - 2‘The Inauguration Page 1 of 2 [gFORDHAM J @@ u=—o « The Inauguration UNAUGURATION J FORDHAM AT A GLANCE {] FORDHAW'S JESUIT TRADITION TOP STORIES The Inauguration President Meshane's Inaugural THE S2NI3 asa rai sac PRESENT ent am ‘New York ene The Press Release Media Assets official [Media Assets — Greetings from the Mayor of the city of New York, Michael R. Bloomberg Greetings On Behalf of the ‘Alumni Honorary Doctorate Recipient Gregorian’s Keynote Aaaress Inauguration Eucharist and Commissioning of the President McGinley Lecture by Avery Cardinal Dulles, 82. Fordham Family Eucharist and Picnic Student inaugural ‘Photos: © Farahan) Univ Balt tha inauguration of Joseph M, Meshane, S.2., a5 t Gallery Opening (enc af Fordham University and Lecture Student Inauguration of the Reverend Joseph M. McShane, S.3. Friday, October 24, 2003, hitp://www.fordham.edu/general/Inauguration/The_Inauguration!2814.html 12/29/2003