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 01                        NO. 93-05258-G

 01  

 02  JOHN DOE I,  et al.            )   IN  THE  DISTRICT COURT

 02                                 )

 03                                 )

 03  VERSUS                         )   OF DALLAS COUNTY

 04                                 )

 04  REVEREND RUDOLPH KOS, et al.   )   134TH JUDICIAL DISTRICT

 05                

 05                       REPORTER'S RECORD

 06                      VOLUME____OF _____       

 06                

 07  APPEARANCES:

 07                

 08  

 08       MR. WINDLE TURLEY

 09       Attorney at Law

 09       1000 University Tower          

 10       6440 N. Central Expressway

 10       Dallas, Texas  75205

 11                

 11       MS. SYLVIA M. DEMAREST                  

 12       Attorney at Law                 

 12       DEMAREST, SMITH, PRESLAR, JONES & GIUNTA              

 13       Cedar Maple Plaza

 13       2305 Cedar Springs Road, Suite 350                  

 14       Dallas, Texas 75201

 14                

 15                                         FOR THE PLAINTIFFS

 15                

 16       MR. RANDAL MATHIS

 16       MR. DENNIS ROOSSIEN

 17       Attorneys at Law

 17       MUNSCH, HARDT, KOPF, HARR & DINAN, P. C.

 18       4000 Fountain Place              

 18       1455 Ross Avenue

 19       Dallas, Texas  75202-2711

 19                                         FOR THE DIOCESE OF 

 20                                         DALLAS             

 20                  

 21             On the 29th day of May 1997, the

 22  above-entitled and numbered cause came on for a hearing

 23  before the Honorable Anne Ashby, Judge presiding of the

 24  134th Judicial District Court of Dallas County, Texas, and

 25  a jury, at which time the following proceedings were had:

0003

 01

 01                      W-I-T-N-E-S-S-E-S:

 02

 02                                PAGE

 03

 03  REVEREND ROBERT WILLIAMS, JR.

 04

 04  Cross Examination

 05          By Mr. Turley...........3161

 05  Cross Examination

 06          By Mr. Mathis...........3215

 06  Redirect Examination

 07          By Ms. Demarest.........3289

 07  Recross Examination

 08          By Mr. Turley...........3309

 08  Recross Examination

 09          By Mr. Mathis...........3319

 09  Recross Examination

 10          By Mr. Turley...........3327

 10  Recross Examination

 11          By Ms. Demarest.........3327

 11         

 12  (John Doe #8)

 12

 13  Direct Examination

 13          By Mr. Turley...........3328       

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0004

 01

 01                       E-X-H-I-B-I-T-S:

 02

 02                           Marked  Offered  Admitted

 03

 03  Plaintiff's Exhibit No. 101

 04          Report on Rudy Kos

 04          from St. Luke's

 05          Institution...............3326      3326

 05

 06  Plaintiff's Exhibit No. 102

 06          Father Kos's resignation..3326      3326

 07

 07  Plaintiff's Exhibit No. 103.......3301

 08

 08  Plaintiff's Exhibit No. 104.......3301

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 01

 02

 03                

 04                    P-R-O-C-E-E-D-I-N-G-S:

 05

 06                         May 29, 1997

 07                

 08          MS. DEMAREST:  We aren't finished with our red flag

 09  warnings, Your Honor.

 10                 The first one, Your Honor, is the

 11  superintendent tells the kids were taking trips in '89 and

 12  '90.  And the -- the last one I put up is the twelve page

 13  summary warning Bishop with Kos.  And I pass the witness.

 14          THE COURT:    I don't know if what she --

 15          MR. TURLEY:     I'll go next next.

 16                 REVEREND ROBERT WILLIAMS, JR.              

 17                      CROSS EXAMINATION

 18  BY MR. TURLEY:

 19          Q.     Good morning, Father Williams.

 20          A.     Good morning.

 21          Q.     Father Williams, you told us yesterday that

 22  you have a doctorate -- doctor's degree in psychology?

 23          A.     Yes.

 24          Q.     Ph.D in Psychology?

 25                 You took that degree before you started to

3162

 01  study for the priesthood?

 02          A.     Yes.  I technically finished it the first

 03  year I was in the seminary.

 04          Q.     And in that area of psychology, I guess

 05  you've had some occasions to look over reports from

 06  psychologists?

 07          A.     Sure.

 08          Q.     And you understand what -- what they mean

 09  when they're speaking with somebody or evaluating somebody

 10  and a psychologist or a psychiatrist or a physician, I

 11  suppose, is where the words, "Rule out", for example, rule

 12  out mumps or rule out chickenpox or rule out depression or

 13  schizophrenia", you understand what they mean by that?

 14          A.     In general.  The degree was not a clinical

 15  degree.

 16          Q.     I understand.   But this is -- this is

 17  pretty elementary, what we're talking about?

 18          A.     Yes.

 19          Q.     I think I even understand it.

 20          A.     Okay.

 21          Q.     Very elementary.

 22                 Tell the jury what that means when somebody

 23  is -- when a psychiatrist or psychologist would write,

 24  "rule out" something.

 25          A.     I would take it to mean that they saw no

3163

 01  evidence for that, that they were probably -- saw evidence

 02  that would definitely take them in a different direction,

 03  and narrowed down to what they thought was the problem and

 04  kind of weeding out other things.

 05          Q.     That is what it means is to weed out, rule

 06  out?

 07          A.     That's what I understand, yes.

 08          Q.     And it means weed out or rule out those

 09  things that are listed?

 10          A.     Yes --

 11          Q.     Whether it's measles or mumps or chickenpox

 12  or schizophrenia or something else.

 13          A.     That's the way I understand it.

 14          Q.     So if we -- if we look at the report on Rudy

 15  Kos from St. Luke's Institute, which we will now mark as

 16  Exhibit No. 101.   And I'll put it on the screen there for

 17  you so we can look at it together.

 18          MR. MATHIS:     I object to it being on the screen

 19  now.   That report is not yet in evidence.  That was

 20  written by somebody else, not Father Williams.  Besides,

 21  Ftaher Williams has already testified about it just a

 22  second ago.   So this is premature.

 23          MR. TURLEY:     We --

 24          MR. MATHIS:     No foundation.

 25          MR. TURLEY:     -- will prove this up, Your Honor,

3164

 01  by another witness, which we've already proven it up in a

 02  deposition.  We can get that deposition out and read a

 03  little bit of it right now, if necessary.  But it has been

 04  proved up, Mr. Mathis will tell the Court.

 05          MS. DEMAREST:  It's part of the Diocese's personnel

 06  file.

 07          MR. TURLEY:     That's true.

 08          MS. DEMAREST:  It's stipulated, isn't -- we've

 09  established it as a business record --

 10          THE COURT:    Let me see the attorneys up here,

 11  just a second. 

 12          (Whereupon there was a sidebar conference, out of

 13  the hearing of the jury, and thereafter the following was

 14  had, in the hearing of the jury, as follows:)

 15         

 16          THE COURT:   Okay, the objection is sustained at

 17  this time.

 18          Q.      (BY MR. TURLEY)  Anyway, Father, without

 19  going into that report at this time, it is your thinking,

 20  when you see the term, "rule out" written by a physician or

 21  a psychologist, it -- what it means is that is one of the

 22  things that needs to be weeded out --

 23          MR. MATHIS:     Objection --

 24          MR. TURLEY:     -- as explained to us.

 25          MR. MATHIS:     Objection; asked and answer.

3165

 01          MR. TURLEY:     No speaking objection.

 02          MR. MATHIS:     Objection --  Objection; asked and

 03  answered.

 04          THE COURT:    Response.

 05          MR. TURLEY:     Cross-examination.

 06          THE COURT:    Okay.  Overruled.

 07          Q.      (BY MR. TURLEY)  Father, one of the things

 08  that I think you've told us is that when you see the words

 09  "rule out", you've explained to us that means that whatever

 10  things you see listed there, those are things that needed

 11  to be, in effect, weeded out of a working or pending

 12  diagnosis.

 13          A.     Yes, I would think so.

 14          Q.     All right.

 15                 Now did I understand you yesterday -- and I

 16  may have just not heard exactly what you said, but did I

 17  understand you to say yesterday that Bishop Grahmann or

 18  Bishop -- or Monsignor Rehkemper, one or both presented to

 19  you that Dr. Jaeckle, the first psychiatrist to whom they

 20  had sent Rudy Kos, had somehow given him a clean bill of

 21  health?

 22          A.     That -- not that he had -- had a clean bill

 23  of health, he was treating -- he had some kind of a problem

 24  that needed treating, but it was not pedophilia.

 25          Q.     They told you Jaeckle had said -- that --

3166

 01  yes, Jaeckle told them, "This man is not a pedophile"?

 02          A.     Yes.  Monsignor Rehkemper told me that, I

 03  guess, at the meeting in February.  And the Bishop, I

 04  talked to him in August, I had asked him again, and he had

 05  told me again.

 06          Q.     Okay.  Let me get this straight:  Both

 07  Bishop Grahmann and Monsignor Rehkemper told you that

 08  Dr. Jaeckle had said, "Rudy Kos is not a pedophile"?

 09          A.     Yes.

 10          Q.     Of course, you haven't talked to Dr. Jaeckle

 11  and you a don't know what his testimony is in that regard.

 12          A.     No, I do not.

 13          Q.     Now it's my understanding that it was your

 14  expectation that in the spring of 1992, around Easter,

 15  Father Rudy was going to be removed from his access to

 16  children.

 17          A.     Yes.

 18          Q.     But he wasn't.

 19          A.     Correct.

 20          Q.     And then you presented your summary report.

 21  Now Exhibit 98, which we -- Ms. Demarest talked to you all

 22  about a long time yesterday, went all through it, twelve

 23  pages long, you presented that summary report, I believe,

 24  on June 5th, 1992?

 25          A.     Yes.

3167

 01          Q.     Because he still hadn't been removed.

 02          A.     Yes.

 03          Q.     And it was my impression that once you

 04  presented the report, it was your impression that he was

 05  likely to be removed that week?

 06          A.     He was leaving the next week to be

 07  evaluated.

 08          Q.     All right.

 09          A.     And I assumed that the hospital, after the

 10  evaluation, would recommend he removal.

 11          Q.     All right.

 12                 And that was the St. Luke's report that we

 13  looked at a minute -- or that I started to talk to you

 14  about a minute ago?

 15          A.     Yes.

 16          Q.     And what did the Bishop or

 17  Monsignor Rehkemper tell you that St. Luke's had concluded

 18  about Rudy Kos?

 19          A.     That he was not a pedophile.   When I talked

 20  to the Bishop I -- he told me he had called them up, the

 21  physician who had examined him.

 22          Q.     That's all right.  I don't want to -- I

 23  don't want to go into what somebody else said.

 24          A.     Well, I'm telling you what the Bishop told

 25  me.

3168

 01          Q.     Okay.  The Bishop told you?

 02          A.     That he had talked to --

 03          Q.     No, I just want to ask you: Did the Bishop

 04  tell you, or not, that after that report it was his

 05  understanding that Rudy Kos was not a pedophile?

 06          A.     Yes.

 07          Q.     And did Monsignor Rehkemper also tell you

 08  after this report that Rudy Kos was not a pedophile?

 09          A.     Yes.

 10          Q.     So we've got Monsignor -- Bishop Grahmann --

 11  Bishop Grahmann now you're dealing with, right?

 12          A.     Yes.

 13          Q.     Bishop Grahmann telling you twice?

 14          A.     Well, I talked with him one time.

 15          Q.     One time at St. Luke's, one time before

 16  with Dr. Jaeckle?

 17          A.     The same conversation.

 18          Q.     Okay.  He told you that both of these people

 19  said Rudy Kos is not a pedophile?

 20          A.     Yes.

 21          Q.     And Monsignor Rehkemper told you that Rudy

 22  Kos was not a pedophile and that somebody had told him

 23  that?

 24          A.     Yes.

 25          Q.     When did -- and these conversations took

3169

 01  place from the Diocese in the summer of 1992?

 02          A.     Yes.

 03          Q.     Did you ever yourself personally see that

 04  report from St. Luke's Institute in Maryland?

 05          A.     No, I did not.

 06          Q.     I think you said yesterday you asked for it,

 07  but you didn't expect them to give it to you?

 08          A.     I asked Rudy to let me see it, and he said

 09  no.

 10          Q.     So to this day you don't know what was

 11  really said to the Bishop.

 12          A.     No, no, I do not.

 13          Q.     So the Bishop did not remove Rudy Kos the

 14  week of June 5th.   In fact, he didn't remove him in June,

 15  at all, did he?

 16          A.     No.

 17          Q.     And he didn't remove him in July.

 18          A.     No.

 19          Q.     He didn't remove him in August.

 20          A.     No.

 21          Q.     And it was the very next-to-the-last day, I

 22  think, of September before he was finally removed, isn't

 23  it?

 24          A.     Either the last day of September or October

 25  1st.

3170

 01          Q.     And Kos, for those intervening June, July,

 02  August, September, four months, less a day or two, for

 03  those four months Rudy Kos continued to have access to

 04  children?

 05          A.     Yes, he continued to be pastor of the

 06  parish.

 07          Q.     Continued to have children, in fact, in the

 08  rectory?

 09          A.     Not too many, because I was bugging him

 10  about it.  They occasionally would come into his office. 

 11  And when that happened, I would tend to go in and watch and

 12  see where they were going.  And I tried to keep boys out

 13  and away from him.

 14          Q.     But he had access to them?

 15          A.     Yes.

 16          Q.     Continued to babysit, go to people's homes?

 17          A.     That was my impression, yes.

 18          Q.     By the way, Father, where are you pastoring

 19  now?

 20          A.     I am in Immaculate Conception Parish in

 21  Corsicana.

 22          Q.     In Corsicana.  Is that in the Dallas

 23  Diocese?

 24          A.     Yes.

 25          Q.     When Rudy Kos was finally sent away the

3171

 01  first of October, 1992, did the Diocese tell you, the

 02  priest in the parish from where he had been removed, the

 03  truth about why he was being sent away?

 04          A.     No.

 05          Q.     If they had told you the truth about why he

 06  had been sent away, could you have warned the parish that

 07  there had been a predator there, that Rudy Kos was a

 08  predator?

 09          A.     Yes.

 10          Q.     Did you -- did I understand you yesterday to

 11  say -- and I don't remember your exact words, but more or

 12  less suggested to us, as I heard it, that Monsignor

 13  Rehkemper was suggesting that you sort of butt out of this

 14  and leave Kos alone, at least one time in the progression

 15  of things?

 16          A.     He never told me that.

 17          Q.     Didn't use those words, I understand --

 18          A.     No, he did not.

 19                 I would go to him and say, "Rudy -- Rudy was

 20  telling me that.  And his response would be more along the

 21  lines of, "I don't know what else we can do."

 22          Q.     And sort of, "Well, maybe Rudy is right.

 23  Maybe you ought to butt out"?

 24          A.     Well, it was kind of like, "I don't see

 25  anything else I can do.  It's up to you what you want to

3172

 01  do."

 02          Q.     One of the families over at St. John's in

 03  Ennis was the (John Doe #3) family; were they not?

 04          A.     Yes.

 05          Q.     Tell us about them and their work in the

 06  church.

 07          A.     When I got there they were involved in the

 08  church.   I'm not sure of exactly, when I got there or if

 09  it was afterwards, (Father to John Doe #3) was on the parish council. I

 10  think at some point he was president of it.

 11  (mother to John Doe #3) helped Rudy set up a day care center while he

 12  was there.   They were a family he was extremely close to.

 13  He was very-- very explicit they were, in a, sense his

 14  favorite family in the parish.  And it was very public they

 15  were very close friends with him.

 16          Q.     And this favorite family of his in the

 17  parish had a son?

 18          A.     Had three sons.

 19          Q.     Had three sons, correct.

 20                 And one of them was named (John Doe #3)?

 21          A.     Yes.

 22          Q.     I'm sorry, (John Doe #3)?

 23          A.     Yes.

 24          Q.     (John Doe #3)?

 25          A.     Yes.

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 01          Q.     And (John Doe #3) is now eighteen, but at that time

 02  he was, what, about twelve or thirteen?

 03          A.     I would think so, yes.

 04          Q.     Did you notice that (John Doe #3) was one of the

 05  young boys that Father Kos treated as kind of a favorite?

 06          A.     He was very publicly a favorite.   He gave

 07  him, in essence, an award for altar boy of the year, things

 08  like that.  He was not one of the ones I was most concerned

 09  about.

 10          Q.     No question but that Kos and the (John Doe #3)

 11  family were very close?

 12          A.     They vacationed together, things like.

 13          Q.     Kos went to their home often?

 14          A.     Especially in the spring once the boys were

 15  not coming around the rectory as much.

 16          Q.     Babysat with their younger children?

 17          A.     I presumed that.   I don't remember exactly.

 18  I couldn't -- I don't know for sure.

 19          Q.     Father Williams, yesterday you also

 20  mentioned something about the parish at Ferris?

 21          A.     Yes.

 22          Q.     Tell the jury the relationship between the

 23  parish at Ferris, which was Corpus Christi?

 24          A.     Corpus Christi.

 25          Q.     Corpus Christi Church.  And

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 01  St. John's is in Ennis?

 02          A.     It was a mission church established in the

 03  seventies.  And that meant the pastor of Ennis was also

 04  pastor of that parish.   We had responsibility for it.  It

 05  was small.   They had two masses on Sunday, one English,

 06  one Spanish.  And there was a Wednesday night Spanish mass

 07  as well.

 08                 They had -- the church building and office

 09  and a house next to it.  It could have been a rectory, but

 10  no one lived there.   And most of the time I would go over

 11  there -- I went every Wednesday night to do that mass.  

 12  And at least three out of four Sundays I would go over and

 13  do the masses there, as well.

 14          Q.     Now perhaps before you were associate pastor

 15  or assistant pastor in Ennis, there was a pastor who lived

 16  at the rectory, wasn't there, at least part of the time?

 17          A.     An assistant, I think, at one time and one

 18  of the assistants at Ennis had lived there, yes.

 19          Q.     At one time it was Father Saldana?

 20          A.     Father Saldana, yes.

 21          Q.     When was Father Saldana at Ferris?

 22          A.     Sometime in the eights.   I don't know

 23  exactly.   He was a couple of assistants, at least, before

 24  me, so I did not know for sure.

 25          Q.     He was there before you were in Ennis?

3175

 01          A.     Yes.

 02          Q.     Now you said yesterday that you had been

 03  over to Ferris or you had talked to the parishioners at

 04  Ferris and you had discovered they had also written to the

 05  Bishop about some possible sexual improprieties?

 06          A.     Yes.  The Allens, who told me they had

 07  written to the Diocese, they lived in Ennis, but they were

 08  going to the church there in Ferris.  And that summer of

 09  '92 there were several people that told me they were

 10  concerned.  And I don't remember what -- they had also

 11  written a letter, but they were complaining in general.

 12          Q.     Was it also your -- I'm sorry.

 13                 Was it also your impression, Father

 14  Williams, they had not written about Rudy Kos in the Ferris

 15  parish --

 16          MR. MATHIS:     Objection -- objection, Your Honor.

 17  First of all, hearsay; second, the Objection A, what we've

 18  designated A.

 19          THE COURT:    Response as to hearsay.

 20          MR. TURLEY:     I'm not offering it for the truth

 21  of the matter, but rather for his state of mind, the state

 22  of mind of the --

 23          MR. MATHIS:     Can we approach the bench, too, on

 24  that?

 25          THE COURT:    Sure.

3176

 01          (Whereupon there was a sidebar conference, out of

 02  the hearing of the jury, and thereafter the following was

 03  had, in the hearing of the jury, as follows:)

 04         

 05          THE COURT:    Ladies and gentlemen you, all excuse

 06  us just a minute.  We need to put something on-the-record,

 07  outside of your presence.

 08                

 09                 (Whereupon the jury was excused from the

 10  courtroom, and thereafter the following was had in Judge's

 11  chambers, out of the presence of the jury, as follows:)

 12                

 13          MR. MATHIS:     We're on the record, in chambers.

 14  And let me -- let me repeat some of what I was saying there

 15  at the bench.   Mr. Turley's questions directed to

 16  Father Williams have just begun asking about Father Jose

 17  Saldana.  Father Saldana is a priest of the Dallas Diocese

 18  and is one of the people that was an in camera submission

 19  that Judge Andrews ruled on earlier.

 20                 The -- our objection to any questioning with

 21  regard to that subject, with this witness, is, number one,

 22  hearsay as to this witness.   I don't even know that he

 23  knows Saldana, for that matter.  That hasn't been asked

 24  yet.   But number one is hearsay, whatever he has -- has

 25  heard or been told, and that was -- basically that question

3177

 01  called for hearsay.

 02                 But beyond that, I object to any questions

 03  with respect to him on that basis, and also on the basis of

 04  things that we listed on our -- earlier in the case that

 05  applied to anything about any other priest designated as

 06  exhibit -- or, rather, as Objection A.

 07                 So we have a relevancy and materiality

 08  objection to it.   It's improper collateral evidence of

 09  other collateral matters.  It clearly is a 403 situation,

 10  of the risk of confusion and prejudice outweighing any

 11  relevance.  And then there is the whole United States First

 12  Amended and Texas parallel provision of the Texas

 13  Constitution problem, because how priests with the Diocese

 14  are handled, whether it is their hiring, their recruiting

 15  in the seminary, their training in seminary, the ordination

 16  or supervision, is governed by Canon law of the Roman

 17  Catholic Church.  And as such, this is not a proper area of

 18  inquiry with respect to that.

 19                 This is particularly true -- I've made this

 20  objection repeatedly with respect to the Peebles and Hughes

 21  matters and with regard to the Brown matter.  This is

 22  particularly true of the Father Saldana's situation where

 23  they cannot prove, because I don't think there is any

 24  evidence to indicate, that he did anything.

 25                 Now was there a concern and was there an

3178

 01  investigation about Saldana?  Yes.   But beyond that, I

 02  don't think I'm obligated or do that it's proper for me to

 03  go into the details of that.  Judge Andrews has ruled on

 04  that matter.   That material has been reviewed by Judge

 05  Andrews and has been ruled upon previously.

 06                 As the Court can see now, this is going to

 07  grow ever more complicated by the day, depriving us of the

 08  opportunity, the ability to have a fair trial on the issues

 09  related to Kos and unemcumbered by issues of other priests.

 10  And now we have already gone past the Dallas Diocese into

 11  other dioceses in other parts of the country that have

 12  nothing to do with us in conjunction with the Servants of

 13  the Paraclete evidence that was admitted over objection.

 14                 And so every step we take, every other thing

 15  we introduce outside of Kos further emphasizes that

 16  problem, further complicates the case and creates further

 17  confusion and prejudice with respect to the jury and makes

 18  it impossible, effectively, for us to -- to defend the

 19  Diocese on these claims.

 20                 So that is our objection.

 21                 MR. TURLEY:     Contrary to what Mr. Mathis

 22  suggests, this case has never been only about Rudy Kos, and

 23  it is less and less about Rudy Kos.   This case is about

 24  the Catholic Diocese, how it responds to allegations of

 25  sexual impropriety, how it polices its priests with respect

3179

 01  to sexual misconduct.

 02                 In this regard the particular evidence is

 03  relevant and should be admitted, Your Honor, because we can

 04  show that the Diocese had notice of sexual improprieties

 05  alleged by the parishioners against this particular --

 06  Saldana.  I want to show that the Diocese did not act

 07  aggressively in the matter.  They acted just like they

 08  acted with Kos.  There just wasn't any follow-up of the

 09  type that we had with Kos, so nothing was ever done.

 10                 Mr. Mathis has secreted away the

 11  investigative file for Saldana.  We have never had a chance

 12  to see it.  We do not know what is in it.   Now he wants to

 13  hide behind that investigation and say there wasn't

 14  anything to it.  Who knows whether there was anything to

 15  it?  Who knows what is in it?  I am, right now, asking that

 16  that file be produced and that we have a chance to see it,

 17  because it's relevant.   And I am to you, right now,

 18  appealing Judge Andrews' prior ruling on that matter and

 19  asking that the Court look into it and let us have that

 20  investigative file.  I'm also asking that we be permitted

 21  to interrogate Father Williams to show that he knew that

 22  there had been complaints made about Saldana by the

 23  parishioners at Ferris.

 24          MS. DEMAREST:  Your Honor, what is relevant about

 25  this is there has never been any question, because the

3180

 01  Court ordered them produced, that written complaints that

 02  the Diocese received about priests concerning sexual abuse

 03  be produced.   It is our understanding that there are such

 04  complaints about Father Saldana.

 05          MR. MATHIS:     No, that is mischaracterizing what

 06  I'm saying.

 07          MS. DEMAREST: They have not been produced.

 08          MR. MATHIS: That is mischaracterizing -- no.      

 09          MS. DEMAREST:  That is not part of the in camera

 10  submission, Randy.

 11          MR. MATHIS:     Wait a second.

 12          MS. DEMAREST:  It's not part of the in camera

 13  submission, Randy.

 14          MR. MATHIS:     No, Father Saldana is one of the

 15  ones submitted to the in camera submission, if I remember

 16  right. It's been months since I've looked at it.

 17          MS. DEMAREST:  But the complaints -- but the

 18  complaints were not --

 19          MR. MATHIS:     That's right, right.

 20          What I'm saying -- you're mischaracterizing what

 21  I'm saying.   You see, this is why it gets so complicated.

 22  Mr. Turley is --

 23          MR. TURLEY:     It's not complicated.  It's very

 24  simple.  It couldn't be simpler.

 25          MR. MATHIS:     If this kind of thing is going to

3181

 01  be admissible, then I'm going to have to effectively,

 02  within this case, try Father Saldana, just like now we're

 03  having to try Peebles and Hughes and Brown, ultimately,

 04  with regard to the case.   A request to the Diocese from

 05  someone that effectively says, "I don't know whether

 06  anything happened or not", is not a complaint of sexual

 07  abuse.   And that is why Father Saldana -- you remember,

 08  Your Honor, I had been raising cane about Saldana for a

 09  long time.   And that's why his material was submitted -- I

 10  think he was one of the ones for the in camera submissions,

 11  and why Andrews ruled on that, whether it was or was not

 12  subject to production. 

 13          MS. DEMAREST:  We're talking about a different

 14  thing, Randy.

 15          MR. MATHIS:     And it was not.

 16          MS. DEMAREST:  We're talking about written

 17  complaints that we now have evidence that this Diocese

 18  received --

 19          MR. MATHIS:     No, that is not right.

 20          MS. DEMAREST:  -- that were not produced in this

 21  case.

 22          MR. MATHIS:  No, that is not right.  That is not

 23  right.   What there is on Saldana is what there is that was

 24  submitted in camera.

 25          MR. TURLEY:     That's all there is?

3182

 01          MS. DEMAREST:  You're saying that's all there is.

 02  You're saying on-the-record, right now, that's all there

 03  is?

 04          MR. MATHIS:     I don't know what else there is.

 05  Now I have to go back and study it.  It's been months since

 06  I looked at it.

 07          MR. TURLEY:     Mr. Mathis, you have represented to

 08  us there isn't anything else by not providing the

 09  complaints which we previously asked for.

 10          MR. MATHIS:     I have given you --

 11          MR. TURLEY:     By court order.

 12          MR. MATHIS:     I have given you --

 13          MR. TURLEY:     I'm assuming you don't have any.

 14          MR. MATHIS:     I have given you everything that

 15  Judge Ashby ordered to be produced with respect to these

 16  priests, other than what was given to Judge Andrews for in

 17  camera inspection.

 18          MS. DEMAREST:  Which concerned the Diocese -- which

 19  concerned the medical evaluation of Father Saldana by

 20  Dr. McNamara and some correspondence between bishops.  We

 21  -- the -- that was not --

 22          MR. MATHIS:     I'm not in a position