15 Defendants in Suffolk Superior Court, Civil

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1

(Video on.)

2

VIDEO OPERATOR: We're now recording

3 and on the record. My name is Wayne Martin. I'm

4 a certified legal video specialist for National

5 Video Reporters, Inc. Our business address is 58

6 Batterymarch Street, Suite 143, Boston,

7 Massachusetts, 02110. We are here in association

8 with Hennessey Corporation, doing business as

9 Robert H. Lange Company of 50 Congress Street,

10 Boston, Massachusetts, 02109.

11

Today is May 8, 2002 and the time is

12 9:17 a.m. This is the deposition of Cardinal

13 Bernard Law in the matter of Francis Leary,

14 Plaintiffs, versus Father John Geoghan,

15 Defendants in Suffolk Superior Court, Civil

16 Action No. 99-0371. The deposition is being

17 taken at the Suffolk Superior Courthouse in Post

18 Office Square at Boston, Massachusetts, on behalf

19 of the plaintiffs. The court reporter is Loretta

20 Hennessey of Hennessey Corporation. At this time

21 counsel will state their appearances and the

22 court reporter will administer the oath.

23

MR. GORDON: I am Attorney William H.

24 Gordon and I represent Plaintiff Francis Leary

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1 and 85 other plaintiffs who have brought claims

2 against Father John J. Geoghan, and his

3 supervisors at the Boston Archdiocese at

4 different times. My office address is 100 State

5 Street, 6th floor, Boston, Massachusetts, at the

6 Law Offices of Mitchell Garabedian. With me

7 today is also Attorney Mitchell Garabedian

8 representing the same plaintiffs. We do not, the

9 only plaintiffs we do not represent are Messrs.

10 Hardigan, Ezdra and Pagliuca.

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MR. GARABEDIAN: Good morning.

12

MR. TODD: My name is J. Owen Todd. I

13 appear for the Cardinal, Cardinal Law personally.

14

MR. ROGERS: My name is Wilson D.

15 Rogers, Jr. I appear for His Eminence Cardinal

16 Law personally and for all of the remaining

17 defendants excepting only Thomas Duane and John

18 Geoghan, and I'm with The Rogers Law Firm at One

19 Union Street, Boston.

20

MR. ROGERS, III: Wilson Rogers, the

21 Third on behalf of all of the defendants

22 excepting Thomas Duane and John Geoghan.

23

MR. MARK ROGERS: Mark Rogers on

24 behalf of all defendants except for Thomas Duane

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1 and John Geoghan.

2

MR. O'CONNELL: Tim O'Connell

3 representing Mr. Pagliuca.

4

MS. JACKSON: Susan Jackson for Thomas

5 Duane.

6

MR. O'DONNELL: Michael O'Donnell for

7 Joseph Ezdra and Michael Hardigan. My address is

8 165 Washington Street in Quincy.

9

MR. MURPHY: Tom Murphy on behalf of

10 Thomas Duane.

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MS. TANNENBAUM: Shauna Tannenbaum for

12 the Law Offices of Mitchell Garabedian. We

13 represent the 86 plaintiffs.

14

MR. GARABEDIAN: With me today I have

15 a victim who is also a plaintiff. His name is

16 Mark Keane.

17

MR. KEANE: Good morning.

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BERNARD F. LAW, Sworn

19 a witness called on behalf of the Plaintiffs,

20 having been duly sworn, was examined and

21 testified as follows:

22

MR. GORDON: The parties will enter a

23 stipulation that all objections except objections

24 as to form are reserved until time of trial.

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1 Further, all motions to strike are reserved until

2 time of trial. The plaintiffs will agree that

3 the deponent may sign under pains and penalties

4 of perjury without having to have his signature

5 notarized.

6

And let me state, I know there's going

7 to be an objection that is going to be made

8 generally for First Amendment. Let me state an

9 objection for the record, I'm not sure it will

10 create a problem, but it may. As I understand it

11 from counsel who have identified themselves,

12 there are now two counsel at the table both

13 personally representing Cardinal Law, and I guess

14 I'm a little confused as to who will be making

15 objections on behalf of Cardinal Law because it's

16 not normal to have two lawyers able to do that at

17 a deposition.

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MR. ROGERS: Well, first of all, let

19 me take the first issue, the First Amendment. I

20 suggest that we agree that I can have a

21 continuing objection as to the First Amendment.

22 I have raised the First Amendment as a defense

23 and feel the inquiry into the internal workings

24 of the Church is inappropriate. I think it would

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1 be a more orderly deposition if we go forward

2 with just an agreement on the record that that

3 objection is reserved and is considered made as

4 to all of the testimony and it will be raised in

5 an appropriate forum. I just think it would make

6 for a more orderly inquiry.

7

As to the Cardinal, Mr. Todd and

8 myself are co-counsel. I was going to suggest

9 that we take the position that an objection by

10 any lawyer on behalf of a defendant runs to all

11 defendants to avoid the situation where one

12 attorney makes it, then everybody else wakes up

13 and say oh, yes, me, too, and then we have all

14 these people yelling out "objection." I just

15 suggest that anybody makes an objection, it runs

16 to all defendants. Now, that obviates your

17 concern, but I don't, I just think it will all

18 make for a more orderly progression.

19

MR. GORDON: Let's see how it plays

20 out. I think you may be right. Let's see how it

21 plays out. It's my understanding now that there

22 is a standing objection on First Amendment

23 grounds to the questions at the deposition.

24

MR. ROGERS: Yes.

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