Attempts to stop Loomis from testifying on Mahony caused release of deposition last week, Motion for Order re Don Woods

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By Kay Ebeling

A Law and Order Moment caused release of the Richard Loomis deposition transcript last weekend, not a "stunt" by plaintiffs, as a church attorney claimed in court Tuesday. Inappropriate and "bizarre" behavior by Donald Woods Attorney for the L.A. Archdiocese at that deposition caused a transcript to become relevant and able to be entered into the public domain, attached to a motion about Woods' behavior.

“Despite Monsignor DOE 6’s attempts to pull away, Mr. Woods began to whisper in his ear,” reads the Motion for Protective Order filed by Plaintiffs to which the transcript was attached. “Mr. Woods’ bizarre and improper conduct was a blatant attempt to stop Monsignor DOE 6 from continuing to give damning testimony regarding Cardinal DOE 1, who Mr. Woods also represents in this same matter.

“Plaintiff must be allowed to elicit this critical testimony from Monsignor DOE 6 an other DOE defendants without interference from Mr. Woods’ improper, unreasonable, and disruptive conduct.

Plaintiffs say Woods also coached the witness, physicaly restrained him, instructed him not to answer more than fifty times on shaky grounds:

“During virtually every portion of the deposition where this testimony was being elicited, defense counsel, in violation of local rules and the rules of civil procedure, attempted to thwart the testimony, transparently coach the witness, and at one point, physically restrain the witness from testifying.

“In addition to the awkward hand movements which occurred on two separate occasions, Don Woods repeatedly obstructed the deposition process.”

I was working on a story about the Tuesday hearing, and I got to this quote in my notes:

Steier: Over the weekend there was a stunt, they created a motion and attached a transcript, and then sent it to the media.

I went back and reread the motion to which the deposition was attached last weekend, when I like every other writer on this topic, focused all my attention on the Monsignor’s deposition.

The real story is the bizarre behavior of Donald Woods.

So this post is going up tonight, and the story on the hearing Tuesday will go up tomorrow, unless something else comes up, that's life on a blog.

Meanwhile, here are quotes from:

Motion for Protective Order Regarding Donald Woods.

Plaintiffs need a court order to “Prevent Donald Woods, counsel for the Archdiocese Defendants DOE’s 1 through 20 (except 3 and 8) from “Engaging in improper, disruptive, and unreasonable conduct during the course of Monsignor DOE 6’s deposition (That's Monsignor Loomis).

“Mr. Woods’ repeated behavior in attempting to silence DOE 6 and preventing him from giving testimony that is extremely damaging to the Archdiocese defendants is improper and a blatant misuse of the discovery process and violates the California Rules of Civil Procedure and the Los Angeles County Superior Court Rules.”

Dated September 17, 2009:

Introduction:

“This case involves a longstanding cover-up by Archdiocese Defendants and specifically Cardinal DOE 1 of knowledge of DOE 3’s sexual abuse. DOE 3 is currently serving a ten year prison sentence, in part for brutally raping a child, plaintiff Luis C, over the course of several years.

The deponent in this case was Monsignor DOE 6.
“DOE 3 was caught red-handed with Luis C. in his parish living quarters in a parish in direct violation of archdiocesan policy in 1996. Despite this disclosure Cardinal DOE 1 did not remove DOE 3.

“On September 15, 2009. Plaintiff conducted the first session of DOE 6’s deposition. During the course of that deposition, counsel for Archdiocese Defendants, Mr. Donald Woods, behaved improperly and unreasonably and such behavior was disruptive and a misuse of the discovery process, such that a protective order is needed-

“To ensure that Mr. Woods be foreclosed from causing any further disruptions by virtue of his improper conduct.

“Monsignor DOE 6, the deponent, was being questioned by counsel for Plaintiff regarding Cardinal DOE 1’s deviation from the Archdiocese of Los Angeles’s own policies and procedures.

"A representative of the Archdiocese is required to publicly inform parishioner that a priest serving in the Archdiocese has been credibly accused of sexually abusing a child. In this case DOE 3, one of the most notorious priest pedophiles in the country.”

(SIDE NOTE: Every Archdiocese thinks they have “the most notorious pedophile priest in the country.” Truth is there are prolific pedophiles on the consciences of every bishop, archbishop, cardinal, and monsignor in the country, there are “the worsts” in every archdiocese. It’s astounding that the national nature of these crimes has not yet reached the American psyche.)

Back to:

Motion for Protective Order from Donald Woods

“Monsignor DOE 6 was describing how Cardinal DOE 1 specifically ordered Monsignor DOE 6 not to make the required announcements. This fact has never been previously disclosed.

“Prior to Plaintiff’s counsel completing his line of questioning, Mr. Woods, in a bizarre display, moved extraordinarily close to Monsignor DOE 6, wrapped both of his arms around Monsignor DOE 6 (to the visible surprise and dismay of Monsignor DOE 6) and, despite Monsignor DOE 6’s attempts to pull away, Mr. Woods began to whisper in his ear.

WOODS Whispered in the Monsignor’s Ear in the Middle of Deposition Questioning!!!

(I hardly EVER use exclamation points, because the best writing instructor I ever had said, the words should be powerful enough you don't need exclamatino points.

Exclamation points should only be used when they're needed, and in this case they're needed!!!)

Talk About Obstruction of Justice

More Quotes From:

Motion for Protective Order Re Attorney for Los Angeles Archdiocese, Donald Woods

“Despite Monsignor DOE 6’s attempts to pull away, Mr. Woods began to whisper in his ear.”

Phew. Read the end of this post to see why I'm saying Phew.

“Mr. Woods’ bizarre and improper conduct was a blatant attempt by Mr. Woods to stop DOE 6 from continuing to give such damning testimony regarding Cardinal DOE 1, who Mr. Woods also represents in this same matter.

“Mr. Woods improperly attempted to first silence, and then coach Monsignor DOE 6’s answers, in a clear misuse of the discovery process.”

(Manly lists the information that Monsignor was disclosing, all of it new information about the Cardinal, all of it has been written about now in news media across the country since the deposition was released last weekend, and I stand corrected, Mahony did instruct Loomis not to call the police, it just comes at the end of the deposition. You can read hte deposition at the SNAP website in full.)

More quotes from

Plaintiffs Motion Requesting Protection From Donald Woods

(Not the real title; read end of post to see why I exaggerate)

“During virtually every portion of the deposition where this testimony was being elicited, defense counsel, in violation of local rules and the rules of civil procedure, attempted to thwart the testimony, transparently coach the witness, and at one point, physically restrain the witness from testifying.

“He instructed the witness not to answer on over 50 separate occasions. Frequently, the basis for this instruction was not privilege, not confidentiality, not privacy, but ‘irrelevant’ and ‘calls for an opinion’ and at one point Woods objected on the basis of something called the ‘pontifical secret.’

“Further, a review of the transcript will show that defense counsel repeatedly coached the witness on the record, suggested answers to the witness, and attempted to improperly thwart the legitimate inquiries of plaintiff’s counsel.

“Plaintiff intends to file a motion to compel as to specific instructions.

“However, there are numerous depositions scheduled and more that will be scheduled.

“Plaintiff does not believe it should be forced to endure the improper tactics of the Archdiocese and their lawyers in these depositions.

“Further, absent a motion for protective order, plaintiff will be forced to file a motion to compel in each and every deposition because of Defense conduct.

“Plaintiff is not seeking sanctions in this motion. While we believe the conduct is sanction able, grossly unfair, and improper, we believe it is not in the best interest of our client to get a ‘pound of flesh’ from defense counsel.

“We simply want to prepare our case for trial in compliance with the rules.

“These are certainly difficult cases and can provoke strong emotions on both sides. We believe if the court makes clear that the type of tactics at issue here are not acceptable, that it will put an end to it, and that punitive measures at this juncture will be unnecessary.

“Plaintiff must be allowed to elicit this critical testimony from Monsignor DOE 6 an other DOE defendants without interference from Mr. Woods’ improper, unreasonable, and disruptive conduct.

“In addition to the awkward hand movements which occurred on two separate occasions, Don Woods repeatedly obstructed the deposition process in violation of California Rules of Civil Procedure 2017.010 and Los Angeles County Superior Court Rule: 7.12, by excessive objections, inappropriate hand gestures, whispering in the witness’ ear, instructing the witness not to answer on grounds not involving privilege -

“All in an effort to hinder Plaintiff from discovering relevant and crucial information involving this longstanding cover-up by Cardinal DOE 1.

“When Mr. Manly attempted to meet and confer with Don Woods regarding this behavior and other discovery violations, Mr. Woods simply stated that it would be up to the Court to resolve this.”

OKAY CITY OF ANGELS HAS to interject here,

I know I am better off if I keep my personal stuff out of these stories

BUT

Mr. Woods needs to be advised also about his inappropriate behavior, and twitchy questionable hand gestures outside the courtroom as well.

As a matter of fact, after the hearings Tuesday as the attorneys, reporters (me and the woman from the Times), and others were moving as a group out of the courtroom into the hall. I was on my way to try to get an interview, when --

DONALD WOODS got inappropriate with me.

I wear this Army Navy Surplus vest, with lots of zippers, because it’s great when you have a camera and a phone and cosmetics and pens and all the things I carry- I love my Army vest.

Woods, comes up to me outside the courtroom after the hearing. He reaches out and says, “What are these for?” and then tweaks the zipper on my vest.

The Zipper that is right in the front of my vest. Getting WAY TOO CLOSE.

Donald Woods invaded my space way more than an intelligent person would unless he's doing it on purpose, outside the courtroom last Tuesday.

Hours later I was still trying to figure out what happened, and the only thing that stayed on my mind was, this guy has got to have read a little bit about me by now, my story has been up at City of Angels 1 and 2 now for 2 and a half years. He’s got to know I have PTSD and sex problems up the whazoo and he’s got to know-

He’s just got to know that was wrong.

My reaction? Like I said, I have PTSD.

I jumped about three feet away and then made a self deprecating comment about myself.

Inside I had just turned into the teenage girl who always evoked sexually demeaning responses from boys, not quite knowing what I was doing to cause it.

Donald Woods has to know about PTSD induced sexual problems a lot of survivors have as a result of the criminal behavior of his own clients, the enablers of pedophile priests in the Catholic Church.

Especially when it’s me, a survivor who has written her story and put it on the web for everybody to read, that Woods is twitching at.

Donald Woods needs to be told how to behave in public, as well as in depositions.

Okay, why do I put so much of my personal stuff online? Because I feel like with me, it doesn't matter. A lot of survivors of these crimes have secrets that they can’t let anyone find out, because they have families and friends and careers. But in my peculiar case my behavior from the crimes destroyed any chance for me to have families friends and careers.

So it doesn't matter if the world finds out. I can like martyr my story.

So it doesn't embarrass me if the world finds out that Donald Woods touched me inappropriately outside the courtroom last Tuesday - and there were witnesses. I'm beyond embarrassment.

Woods can't be allowed to get away with any of his stunts.

Here’s the sequence of events with Woods and me:

First, okay, I dress weird. It’s because I don't have a lot of money right now, and I don't want to wear K-Mart stuff, I still want to have a look that is me. So since I am a warrior so to speak, and because the garments are sturdy - okay I know it looks stupid, but when I'm carrying my camera I wear an army navy surplus vest with all these zippers and I may complete the fashion statement this fall by adding combat boots.

I'm not dressing to look pretty these days.

Donald Woods felt a need to comment on that. At first I thought he was just criticizing the way I dress, and I felt bad enough about that.

But there was that hand at the zipper on my chest. He said, “What are these for” and sort of flicked the zipper thing.

I jumped three feet, felt humiliated, not even connecting how inappropriate the hand gesture was sexually, I was just feeling embarrassed about the clothes I was wearing.

After jumping three feet, I said, “They're to hold my stuff.”

Trying to make light of the incident, trying to act like I'm not embarrassed.

For two days I was freaked.

Then I read this motion for a protective order because of Woods’ inappropriate hand gestures.

What's the matter, Mr. Woods? Are you developing Turret’s Syndrome?

I know, I know, in the American system of jurisprudence, even the worst criminals deserve a defense, I know I know these church attorneys are just doing their job. . .

And as a spiritual person, I know Someone Else is running this show. I know the reason I'm still alive today after all the perilous situations I got into is to do this reporting. I know that since starting this blog, often I’ll start looking one thing up, and I’ll find another thing that is much more relevant. A more experienced reporter will say that's just how research works.

But - it’s hard to explain.

Just that Someone Else is directing the outflow of this information. I don't start a post with an agenda, I just start writing down what's happening, and the horrors and criminal behavior reveals itself.

So what a funny coincidence that Don Woods was inappropriate with me three days before I open a document and read that there will be a hearing October 26th about how inappropriate Woods has been acting during depositions.

You know, Mr. Woods, after a decade or so of unemployment, you too might be wearing Army Navy Surplus clothes, and maybe by then I’ll have the book deal and the movie deal, and then

Will I laugh at what you're wearing? Yes.

Will I reach out and grab your balls? No.

Please give me the same consideration.

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A hearing on Motion for Protective Order regarding Donald Woods is on Calendar for October 26: From Court website:

10/26/2009 at 11:00 am in department 324 at 600 South Commonwealth Ave., Los Angeles, CA 90005 Motion (FOR PROTECTIVE ORDER RE: BC376766)

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Kay Ebeling