0001

 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 11th day of July, 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:

0002

 01

 01

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

 02                

 03                           PAGE

 03

 04  MOST REVEREND DAVID FELLHAUER

 04  (continued)

 05

 05  Cross Examination

 06          By Mr. Turley........8717

 06  Redirect Examination

 07          By Mr. Mathis........8727

 07  Recross Examination

 08          By Ms. Demarest......8748

 08  Recross Examination

 09          By Mr. Turley........8755

 09  Redirect Examination

 10          By Mr. Mathis........8758

 10

 11  Deposition of Lewis

 11  Adelman......................8762

 12

 12  Deposition of Delores Joann

 13  Frost........................8770

 13

 14  Deposition of James Bernard

 14  Frost, M.D...................8776

 15

 15  MOST REVEREND ARCHBISHOP MICHAEL J. SHEEMAN

 16

 16  Direct Examination

 17          By Mr. Mathis........8781

 17  Cross Examination

 18          By Mr. Turley........8800

 18  Cross Examination

 19          By Ms. Demarest......8841

 19  Redirect Examination

 20          By Mr. Mathis........8846

 20  Recross Examination

 21          By Mr. Turley........8854

 21  Recross Examination

 22          By Ms. Demarest......8857

 22  Redirect Examination

 23          By Mr. Mathis........8857

 23

 24

 24

 25

 25

0003

 01

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

 02                

 02                             PAGE

 03                              

 03  Deposition of Mr. (father to John Doe #4)....8859

 04

 04  Deposition of

 05  (mother to John Doe #4)......................8876

 05

 06  Video deposition of

 06  Sister Maureen O'Keefe.......8883

 07

 07  Deposition of Edith Kozadar..8910

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0004

 01

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

 02

 02                           Marked  Offered  Admitted

 03

 03  Defendant's Exhibit No. 144

 04          Ms. Frost letter to

 04          Bishop.....................8773      8774

 05

 05  Defendant's Exhibit No. 145

 06          Videotape deposition

 06          of Sister Maureen O'Keefe..8906

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8717

 01

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

 03

 04                         July 11, 1997

 05

 06

 07                 (Whereupon the jury was brought into the

 07  courtroom and thereafter the following was had:)

 08

 09          MS. DEMAREST:  Your Honor, I had passed the

 10  witness.

 11          THE COURT:    Okay.

 12

 13                 MOST REVEREND DAVID FELLHAUER

 14                       CROSS EXAMINATION

 15  BY MR. TURLEY:

 16          Q.     Bishop Fellhauer, --

 17                 Oh, I'm sorry.  I'm so quiet they forgot

 18  about me, Judge.

 19          THE COURT:    Quiet?

 20          Q.     Good morning, Bishop.

 21          A.     Good morning.

 22          Q.     Bishop, I just have a very few questions. 

 23  I'll be as brief as I can.

 24                 You told us yesterday that in this day and

 25  time, because of heightened sensitivity to possible sexual

8718

 01  misconduct, there are some things that are just

 02  inappropriate.  Because of the heightened sensitivity, they

 03  may have -- I think you said, some things have an

 04  appearance of impropriety.

 05          A.     Yes, I think -- yes.

 06          Q.     In that regard, you know, Bishop, in the

 07  law, and I think this is probably true in your profession

 08  as well, but in the law practice, we have canon of ethics

 09  that says we should avoid even the appearance of

 10  impropriety.

 11                 And I know you folks follow the same rules,

 12  or you try to.  And isn't that because, in fact, we have

 13  learned from long, long experience that some things that

 14  have the appearance of impropriety, in fact, are improper?

 15          A.     Yes.  That's certainly sometimes true.

 16          Q.     So that one of the reasons that people

 17  now -- you become uncomfortable if people might think it

 18  has the appearance of impropriety, these overnight stays,

 19  that sort of thing, others might become suspicious and so

 20  on.

 21                 The fact of the matter is, sometimes those

 22  suspicions are accurate, aren't they, --

 23          A.     That's correct.

 24          Q.     -- as isn't it turned out in this particular

 25  case.

8719

 01                 And along that same line, you told us

 02  yesterday that you viewed Kos filling up his life too much

 03  with young people, while in one respect it might appear to

 04  be an appropriate ministry, that you thought it wasn't

 05  good, that too much of that sort of thing really was not

 06  proper.  And that's again because it can be a signal, can't

 07  it, that there's something improper taking place?

 08          A.     Sometimes, yes, it can be a signal at times.

 09          Q.     One of the things that we know, in looking

 10  for a possible pedophile situation, is to try to determine

 11  if the actor or the suspected predator is a type of pied

 12  piper with children or young people.  That's one of the

 13  signs we look for, isn't it?

 14          A.     Well, I -- yes, I would say, yes, sometimes,

 15  sure.

 16          Q.     And you said yesterday, to Mr. Mathis, not

 17  to Ms. Demarest, but when Mr. Mathis was taking your

 18  testimony, that you -- at that time, anyway, what you on

 19  the Board knew -- you did not think that there was in that

 20  information that was supplied to you, a hint or a suspicion

 21  that there was any sexual abuse taking place.

 22          A.     No, we -- we knew of the concerns, we shared

 23  the concerns about the boys being over.  Nobody had said

 24  that there is -- "I believe bad things are going on".

 25  Nobody ever said that.

8720

 01          Q.     Had there been a hint or a suspicion that

 02  there was possible sexual impropriety or sexual misconduct

 03  taking place, then you would agree, wouldn't you, Bishop,

 04  that immediate and aggressive action would have then been

 05  called for?

 06          A.     Yes, had there been an allegation of any

 07  type.

 08          Q.     Are you one of those who adhere to the

 09  policy that Monsignor Rehkemper has said is his policy and

 10  Monsignor Duffy Gardner has said is his policy and I think

 11  perhaps has been articulated by others, until somebody

 12  actually comes forward --

 13          MR. MATHIS:     I object to that characterization

 14  of the evidence.  That's not consistent what what they

 15  said.  That is a semantics game.

 16          MR. TURLEY:     I thought we were not going to

 17  object to mischaracterization and not play games.

 18          THE COURT:    Yes.

 19          Ladies and gentlemen of the jury, please recall the

 20  evidence and the testimony to the best of your ability.    

 21          Q.     (BY MR. TURLEY) Bishop, the reason I asked

 22  the question, Monsignor Rehkemper certainly made crystal

 23  clear to the jury, I represent to you that he did, that

 24  until somebody came forward with an actual allegation of

 25  sexual misconduct, that he wasn't going to do anything

8721

 01  about it.

 02                 Is that your position?  Was that the

 03  position of the Board up until 1990 when you were on it?

 04          A.     Mr. Turley, I cannot respond to what you say

 05  about Monsignor Rehkemper just --

 06          Q.     Well, assume.  I know you didn't.  You

 07  weren't here.

 08          A.     -- apart from what he said.

 09          Q.     Assume that that's true.

 10          A.     No.  I, myself, would not consider it

 11  necessary to have -- to have an accusation before doing so.

 12          Q.     Father Duca, when he was here, day before

 13  yesterday, in his testimony -- you know Father Duca.  You

 14  served with him for many years in this Diocese.

 15          A.     I do.

 16          Q.     In his testimony he explained to the jury

 17  that the Personal Board normally would only have the

 18  information that the Bishop or the Vicar General chose to

 19  share with him about various priests.  You agree with that,

 20  don't you?

 21          A.     That's correct, I do.

 22          Q.     And -- and you are -- you are unaware, I

 23  guess, of just what it might have been that Bishop Tschoepe

 24  and later Bishop Grahmann did not share with the Personnel

 25  Board regarding Rudy Kos.

8722

 01                 Of course, I guess Bishop Grahmann came

 02  after you had left, didn't he, because you took his place?

 03          A.     We were -- we overlapped for awhile.

 04          Q.     You would not be aware of what information

 05  Monsignor Rehkemper or Bishop Tschoepe chose to withhold

 06  from the Personnel Board?

 07          A.     Unless I knew that from another source.

 08          Q.     That's right.

 09                 And so that the impressions that you

 10  explained the jury yesterday that you thought the Board had

 11  about Rudy Kos and what that issue was, those impressions

 12  were simply based upon the information that the hierarchy

 13  had chosen to share with the Personnel Board; isn't that

 14  right?

 15          A.     As I believe I mentioned, we discussed that

 16  in the Personnel Board, including with Monsignor Kamel,

 17  among other -- or he was one on the Personnel Board who had

 18  had his own experience with -- with Rudy Kos.

 19          Q.     Exactly.

 20                 And if Monsignor Kamel or Bishop Tschoepe or

 21  Monsignor Rehkemper did not share information with the

 22  Board, then you didn't have that information to build your

 23  impressions on about what the issue really was.

 24          A.     That would be correct.

 25          Q.     And you might have had -- as you testified

8723

 01  here yesterday, you might have had more or different

 02  opinions if you had had more or different information; 

 03  isn't that true?

 04          A.     Well, I think -- yes I think that is taken

 05  for granted, uh-huh.

 06          Q.     And you're certainly not here to tell us

 07  anything about the opinions that you had or the Personnel

 08  Board had regarding Rudy Kos as to anything that happened

 09  after you left in 1990.

 10          A.     No, I don't have -- I don't have anything to

 11  say about that.

 12          Q.     Bishop, I'm not going to go all the way

 13  through these again.   Ms. Demarest did it with you

 14  yesterday, but -- I think -- and I think she covered almost

 15  all of the things I wanted to talk to you about.   I'm not

 16  going to go through these --  I'm going to show them to

 17  you, if I have the light on.

 18                 Bishop, there are about ten items that I

 19  think Ms. Demarest talked to you about yesterday, nine or

 20  ten items --

 21                 Just one second.  I'm waiting for this

 22  screen to come up.

 23                 We had nine or ten items.   I'm not going to

 24  go through and read these to you, Bishop.   Ms. Demarest

 25  went over them with you.   But they have to do with the

8724

 01  letters that Father Clayton had shared with the Diocese.   

 02  They have to do with the information that Mrs. Allen --

 03  Mr. and Mrs. Allen shared with the Diocese in 1989, they

 04  have to do with the -- the information that Monsignor

 05  Rehkemper took up with Father Kos about the warnings that

 06  he was giving him, all of that type of information.

 07                 And finally, also in 1989 there was --

 08  assume that there has been testimony in this case that the

 09  Diocese's school superintendent had been informed that Rudy

 10  Kos was, from time to time, taking boys away from the

 11  church, away from the school for overnight trips.

 12                 Bishop, all of that information combined,

 13  which I realize you said yesterday you didn't have all of

 14  that information, you would agree, would you not, that all

 15  of this together certainly, certainly rises to the

 16  threshold level of at least a hint of possible sexual

 17  impropriety.  You would agree to that; wouldn't you,

 18  Bishop?

 19          A.     I don't know how to phrase it.   Obviously

 20  it's a cause for concerns.   We -- we -- we thought it was

 21  cause for concern.

 22          Q.     My question, Bishop, is real simple:  Don't

 23  you agree with me that this information is a hint that

 24  something improper may be taking place?

 25          A.     I don't think I would characterize it as a

8725

 01  hint.

 02          Q.     That's still your mindset?

 03          A.     Yes.

 04          Q.     Bishop, am I correct that the -- the

 05  Diocese's office -- the Bishop, under his direction, sets

 06  the salary for all of the priests within the Diocese?  

 07  That comes from the Diocese's Office, doesn't it, not from

 08  the parish?

 09          A.     It doesn't come from the parish.

 10                 Obviously there would be priests in other

 11  ministries who would be paid different salaries,

 12  particularly if they work for other institutions such as

 13  hospitals.

 14                 But basically, yes, it is the Bishop who

 15  sets the diocesan priests' salaries in a parish.

 16          Q.     Now, Bishop, you knew -- the Personnel Board

 17  knew and you knew and -- and the Bishop and Monsignor

 18  Rehkemper all apparently had strong opposition to overnight

 19  stays in the rectory by children; isn't that right?

 20          A.     Yes.

 21          Q.     But did you know that that policy was never

 22  communicated to the lay staffs of the various parishes?    

 23                 For example, Mrs. Strunc, the secretary over

 24  at John's in Ennis, that policy was never communicated to

 25  her.  Did you know that lay staff did not know that, about

8726

 01  that policy?

 02          A.     I don't recall whether there was a written

 03  policy or not.

 04          Q.     Well, but my question is: when you were

 05  here, were you aware of the fact that the lay staff, the

 06  secretaries, the housekeepers, the people at the various

 07  parishes were uninformed about the diocesan policy against

 08  overnight stays of young people in the rectory?

 09          A.     I don't -- I don't know of any -- any policy

 10  such as that that were communicated specifically to lay

 11  employees.

 12          Q.     And are you aware, Bishop, that to this day,

 13  except for what has been communicated in this courtroom,

 14  the laity, the members of the various parishes have never

 15  been officially told about that policy against overnight

 16  stays and the policy of taking children out of town on

 17  trips overnight?

 18          A.     I'm not aware of that.

 19          Q.     Do you agree with me that that is an

 20  important policy?   That's an important policy.

 21          A.     I think it is, yes.

 22          Q.     And it is an important policy that should be

 23  shared with the laity and the lay staffs at the various

 24  parishes so that they can be involved in seeing that it is

 25  enforced.   That would make sense, wouldn't it?

8727

 01          A.     It would make sense.

 02          Q.     Bishop, that's all I have.  Thank you very

 03  much, sir.

 04                      REDIRECT EXAMINATION

 05  BY MR. MATHIS:

 06          Q.     Bishop Fellhauer, I have just a few more.   

 07                 First of all, as we talked about yesterday,

 08  during all of this period of years that we're talking about

 09  when Rudy was at All Saints, Monsignor Kamel, during this

 10  four years right here (indicating), '81 to '85, Monsignor

 11  Kamel lived there at All Saints with Rudy Kos, didn't he?

 12          A.     That's correct.

 13          Q.     And you knew Monsignor Kamel and had known

 14  him for many, many years before Rudy ever graduated

 15  seminary and went to work there at All Saints.

 16          A.     Yes, I knew Monsignor Kamel well.

 17          Q.     Was Monsignor Kamel an experienced,

 18  respected member of the clergy here in Dallas?

 19          A.     Very much so.

 20          Q.     All right.

 21                 So during all of these same years that you

 22  served on the Personnel Board with him from -- from before

 23  Rudy Kos graduated until you moved in 1990, part of your

 24  evaluation of what this situation was or was not was based

 25  on the guidance you received and the information you

8728

 01  received from Monsignor Kamel.

 02          MS. DEMAREST:  I'm going to object as leading.

 03          THE COURT:    Sustained.

 04          Rephrase.

 05          Q.     (BY MR. MATHIS) Did you, in the course of

 06  serving on the Personnel Board in considering Rudy Kos,

 07  rely on information from Monsignor Kamel?

 08          A.     I did, considering it very reliable.

 09          Q.     Did you also rely on information from Father

 10  Rehkemper?

 11          A.     I did.

 12          Q.     All right.

 13                 Now, so there were not just one source of

 14  information as you considered what was or was not going on

 15  with Rudy Kos.

 16          A.     That's correct.

 17          Q.     Now Kamel, he was in residence at All Saints

 18  Church, wasn't he?

 19          A.     Excuse me, Kamel?

 20          Q.     Yes.   Father Kamel lived at All Saints, in

 21  the rectory?

 22          A.     Oh, yes.  He was the pastor.  He was in

 23  residence in that sense.

 24          Q.     All right.

 25                 So he would have been, in addition to Father

8729

 01  Kelly, the man on the scene to know exactly who was coming

 02  over to the rectory at any given time.

 03          A.     He would have -- yes, he would definitely be

 04  in a position to observe.

 05          Q.     He would have been the person, in addition

 06  to Father Kelly, in the best position to see what was going

 07  on or not going on on a day-to-day basis?

 08          A.     I would think so, yes.

 09          Q.     Now, he would, likewise, be the one to know

 10  whether or not, say, a (John Doe #17), who testified

 11  yesterday, who was an adult friend of Rudy Kos, was one of

 12  the people that was over there, correct?

 13          A.     Excuse me?

 14                 Would you repeat that?

 15          Q.     Yes.

 16                 Father Kamel, in being in residence at All

 17  Saints Church, would have been on the scene to see who was

 18  going over there and staying, such as (John Doe #17) who

 19  testified here yesterday morning.

 20          A.     That's right.

 21          Q.     All right.

 22                 And you know from his testimony, (John Doe #17)

 23  was an adult during all of these years.  He was a grown

 24  man.

 25          A.     That's right.

8730

 01          Q.     All right.

 02                 So in Father Kamel's consideration and

 03  reporting and advising you and the rest of the Personnel

 04  Board, he would have had various information from right

 05  there on the scene that the Board, not being there,

 06  wouldn't necessarily know.

 07          MS. DEMAREST:  Your Honor, I'm going to object to

 08  this leading, leading, leading.

 09          MR. MATHIS:     Well --

 10          THE COURT:  That's sustained.

 11          Q.     (BY MR. MATHIS) Well, Father Rehkemper -- I

 12  mean, Father Fellhauer, was there anybody in a better

 13  position to evaluate Rudy Kos between 1981 and 1985 than

 14  Monsignor Kamel and Greg Kelly who were living in the same

 15  house with him?

 16          A.     I wouldn't think so.

 17          Q.     Okay.

 18                 Is there anybody else during those years who

 19  would have been in a better position to observe, say, Rudy

 20  Kos and (John Doe #17) going with the groups of boys to the

 21  movie or to the mall or wherever they went?

 22          A.     Nobody would be in a better position than

 23  those with whom you lived and worked in the same house.

 24          Q.     All right.

 25                 So in your view was it perfectly reasonable

8731

 01  and appropriate for you to rely heavily on the evaluation

 02  of Monsignor Kamel?

 03          MR. TURLEY:     Leading, leading, leading.

 04          THE COURT:    Sustained.

 05          Q.     (BY MR. MATHIS) Well, Father Fellhauer, tell

 06  us who you would have relied on most heavily for guidance

 07  in evaluating Rudy Kos during all of this period of time.

 08          A.     I would have and did rely very heavily,

 09  probably most heavily, on Monsignor Kamel's remarks,

 10  observations.

 11          Q.     What were Monsignor Kamel's -- what was his

 12  feel for this, his evaluation for what Rudy Kos was or was

 13  not doing?

 14          MS. DEMAREST:  I'm going to object, Your Honor.

 15  This is pure speculation.  He can't possibly know what

 16  Monsignor Kamel's feeling was.

 17          THE COURT:    Sustained.  I think he can talk about

 18  his impression.

 19          MR. MATHIS:     Yes.

 20          THE COURT:    His personal impression, but not --

 21          MR. MATHIS:  Yes.

 22          Q.     (BY MR. MATHIS) Bishop Fellhauer, what, from

 23  your --

 24          MR. TURLEY:   Well, Your Honor, I'm going to

 25  object.  This has been asked and answered at least two

8732

 01  times, maybe three.

 02          MR. MATHIS:     I don't think it's been asked in

 03  this way.

 04          THE COURT:    Okay.

 05          MR. MATHIS:     And I want to know this --

 06          THE COURT:  Go ahead.

 07          Q.     (BY MR. MATHIS) What was your impression? 

 08  What was your analysis of Monsignor Kamel's explanation of

 09  Rudy Kos and his spending time with (John Doe #17) and these

 10  other people?

 11          A.     Monsignor Kamel expressed verbally --

 12          MR. TURLEY:     Objection, hearsay.

 13          THE COURT:    Sustained.  And nonresponsive.

 14          MR. MATHIS:  It's not offered for the truth of the

 15  matter, it's offered to show notice of what Bishop

 16  Fellhauer heard and relied on.

 17          THE COURT:    Okay, then ask that question, because

 18  it's nonresponsive as it is.  His analysis.

 19          Q.     (BY MR. MATHIS) Okay, Bishop, what we need

 20  to know is: What is your analysis of what Monsignor Kamel

 21  told you?

 22          A.     My analysis is that Monsignor Kamel observed

 23  some young people there.  He had had concerns.  As time

 24  went on, his concerns abated.   He did not believe that

 25  there was anything improper happening.  And he thought,

8733

 01  even though, that he and the other priests were sometimes

 02  inconvenienced by the presence of others, that is, their

 03  privacy was to some extent taken away, that he thought it

 04  was, on the whole, worth it because of the rapport that

 05  Father Kos, Rudy Kos had with young people.

 06          Q.     All right.

 07                 Did Monsignor Kamel ever -- did Monsignor

 08  Kamel ever indicate to you whether he, in fact, knew the

 09  families of a number of these people involved and was

 10  familiar with them there at the All Saints Church?

 11          MR. TURLEY:     Objection, hearsay.

 12          THE COURT:    Sustained.

 13          MR. MATHIS: Again, Your Honor, that's not offered

 14  -- I'm not asking for specific words and it's not offered

 15  for the truth of the matter.

 16          Let me rephrase it.

 17          THE COURT: Okay,

 18          Q.     (BY MR. MATHIS) Based on anything you ever

 19  heard from Monsignor Kamel, did he indicate one way or

 20  another whether he himself knew a number of the parents of

 21  the people who were spending time with Rudy Kos?

 22          MR. TURLEY:     Still hearsay.

 23          MR. MATHIS:     This is just notice, Your Honor.

 24          THE COURT:    Say that again, the -- say that

 25  again.

8734

 01          MR. MATHIS:  It's not offered for the truth --

 02          THE COURT:    No, but your question.

 03          MR. MATHIS:     -- it's purely notice.

 04          Did Monsignor Kamel indicate to Bishop Fellhauer

 05  through all of this period of time whether or not he knew

 06  the parents of any of the people who were spending time

 07  with Rudy at the rectory.

 08          MR. TURLEY:     That's plain hearsay and it's not

 09  notice.

 10          MR. MATHIS:     It certainly is.  It certainly is.

 11          MR. TURLEY:     The fact that "he", indicating --

 12  who are you talking about when your referring to "he"?

 13          MR. MATHIS:     Father Kamel.

 14          THE COURT:     The he -- that Father Kamel knew any

 15  of the parents.  And it goes to notice?

 16          The objection is sustained as to hearsay.

 17          Q.     (BY MR. MATHIS) Do you yourself know whether

 18  Monsignor Kamel knew any parent of any of the boys who were

 19  spending the night?

 20          MR. MATHIS: Does he himself know. 

 21          MS. DEMAREST:  Your Honor, that would have to be

 22  information he obtained from Monsignor Kamel, which would

 23  be hearsay and --

 24          THE COURT:    Wait a second.  This question is not

 25  objectionable.  This is a, "Do you know?"

8735

 01          THE WITNESS:    Please repeat.

 02                 (laughter in the courtroom)

 03          MR. MATHIS:  I'm not going to give up on this

 04  question.

 05          Q.     (BY MR. MATHIS)  Father, do you know whether

 06  or not Monsignor Kamel knew any of the moms and dads of the

 07  boys who were staying up at the rectory?

 08          A.     I can tell you what my impression was since

 09  I don't recall specific conversations.

 10          Q.     Okay. 

 11          THE COURT:    Then it's nonresponsive.

 12          MR. TURLEY:     That's what it thought.

 13          MR. MATHIS:     Okay.

 14          Q.     (BY MR. MATHIS)  Would you tell us your

 15  impression of whether Monsignor Kamel knew any of the

 16  parents of the boys who were staying at the church?

 17          A.     My impression --

 18          MR. TURLEY: That calls for speculation.

 19          THE COURT:    Okay, that's overruled.

 20          Go ahead and you can answer that.

 21                 (laughter in the courtroom)

 22          THE WITNESS:     My impression is -- strong

 23  impression is that Father Kamel, having been pastor for

 24  some time, the founding pastor of All Saints Church and

 25  knowing a great number of the parishioners there, would

8736

 01  certainly have known the families of -- of all or some or

 02  many of the boys that were there.

 03          Q.     (BY MR. MATHIS) All right.

 04                 Bishop, after Rudy Kos moved to St. Luke's

 05  Church do you know -- do you know whether or not -- there

 06  has been this indication in one of these letters that

 07  somebody thought Rudy was gay.   Do you know whether or not

 08  that has anything to do with him, just by happenstance,

 09  spending so much time with (John Doe #17) who was his best

 10  friend?

 11          A.     I don't recall having heard an allegation or

 12  a suspicion that he was gay.

 13          Q.     Okay.

 14                 While Rudy was at St. Luke's when Father

 15  Clayton expressed his concerns, how did Monsignor Kamel

 16  equate Father Clayton's concerns with his own experience at

 17  All Saints Church with Rudy?

 18          MS. DEMAREST:  Your Honor, I'm going to object.  

 19  There is no way that that can be anything but hearsay.

 20          MR. MATHIS:     No, it's his -- Your Honor, it's

 21  his reaction.   He served on the Personnel Board with this

 22  man for many, many years.

 23          THE COURT:    Okay, then ask it that way.

 24          Q.     (BY MR. MATHIS) Okay.  Well, if I -- if I

 25  ask, then, Father, on the Personnel Board, when the Board

8737

 01  was made aware of Father Clayton's concerns at St. Luke's

 02  Church, what was -- based on your perception of Monsignor

 03  Kamel, what was his analysis of Clayton's concerns in

 04  relation to what he had seen himself at All Saints Church?

 05          MS. DEMAREST:  Your Honor, I object.  It has to be

 06  speculation on this witness's part.

 07          MR. MATHIS:     It's not speculation if he was with

 08  him and meeting with him on the Personnel Board.

 09          MS. DEMAREST:  Your Honor, he can't possibly know

 10  what Monsignor Kamel was thinking.

 11          MR. MATHIS:     He can if --