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CNN Live At Daybreak

Judge Says Cardinal Law Must Testify in Civil Lawsuit Against Defrocked Priest Geoghan

Aired May 07, 2002 - 05:35   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: In another case, a Massachusetts judge says Cardinal Bernard Law must testify in a civil lawsuit against a defrocked priest John Geoghan. The cardinal is scheduled to be deposed tomorrow.

Our Jason Carroll was in the court yesterday when the decision was made.

(BEGIN VIDEOTAPE)

JASON CARROLL, CNN CORRESPONDENT (voice-over): Superior Court Judge Constance Sweeney said there was no need to wait any longer.

CONSTANCE SWEENEY, SUPERIOR COURT JUDGE: This court has (UNINTELLIGIBLE) concerns whether or not the cardinal will be available for deposition unless the deposition is taken soon.

CARROLL: So Judge Sweeney ordered Cardinal Law to be deposed on Wednesday in a civil suit involving defrocked priest John Geoghan. Attorneys for the archdiocese argued they needed more time to prepare. But Judge Sweeney sided with the attorneys representing 86 of Geoghan's alleged victims. Their argument: if the Vatican suddenly summoned the cardinal, he'd be out of reach.

SWEENEY: (UNINTELLIGIBLE) he goes.

MITCHELL GARABEDIAN, ATTORNEY FOR PLAINTIFFS: We have great -- a great amount of questions to ask him, a lot of questions to ask him. And it's about time.

CARROLL: Monday's hearing was called after the archdiocese backed out of a settlement valued at up to $30 million it had reached with the plaintiffs. Cardinal Law wanted to settle but was overruled by his own financial council. Their concern: too many civil cases could erupt from this ongoing scandal, and there is not enough money to pay them all.

CARDINAL BERNARD LAW, ARCHDIOCESE OF BOSTON: Their concern -- and I think it is a laudable concern -- is that justice and equity would not be served by agreeing to this settlement for 86 persons, which would thereby negatively effect the response which the archdiocese can later make to the other victims. CARROLL: But attorneys for the alleged victims are suspicious of the last-minute withdrawal, saying they were never told the council could overrule the cardinal, never told there might not be enough money. Attorneys for the archdiocese say they did say so.

WILSON ROGERS, JR., ATTORNEY FOR ARCHDIOCESE: So this is a difficult process to begin with, as we try to generate the sum of money that could bring about a fair (UNINTELLIGIBLE) resolution to these cases.

CARROLL (on camera): The judge asked attorneys for the archdiocese to provide her with proof that a council could overrule a cardinal. The attorneys for the victims will ask Cardinal Law about the council. But more importantly, they say they'll ask him what he knew about John Geoghan and when he knew it.

Jason Carroll, CNN, Boston.

(END VIDEOTAPE)

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