Superior Court Day 3, September 25, 2015

Friday's court case was to begin with finishing my testimony begun the day before. Thursday's testimony, under the questioning of Anastasia, had been unnerving. Several times I answered before he was finished with his question. He would pause, I would answer and then he would tell me to please let him finish the question. It was very much like being scolded by a teacher. Sometimes his question was so grammatically complex I got lost and would have to ask for him to repeat or rephrase the question. After court on Thursday Allegra and Kathryn sat on either side of me on a bench in the hallway and tried to calm me down and reassure me that I had done OK. Allegra pointed out that if I paused long enough after a question she would have time to object if necessary. Their counsel and reassurance was quite helpful.
Friday's questioning began, but this time my sister Donna and brother-in-law, Danny were a reassuring presence in the audience. Danny is a fan of all things legal. Donna was taking notes and Danny was listening intently. I was also wearing my grandmother's locket and the long chain allowed me to hold on to it for comfort. Anastasia's questions seemed somewhat combative. Several of his questions were quite memorable.
"Who is your priest?" My answer was, "Fr. Christopher Kelley". "Have you received communion from him?" My answer? "Yes."
"Haven't you been holding mass in your home for the last three years?" This was easy to answer, "Yes."
During Friday's questions I managed to pause and breathe more. Some of Allegra's questions helped to clarify previous answers.
It is a curious business to be sworn to tell the truth, try to do the same and still feel that you have been found wanting. It was such a relief to step down from that witness stand. We broke for lunch a little before 11:00 and were not due back until 2:00 pm. Closing arguments would complete the trial.
Allegra began her closing argument with again restating the narrow focus the trial was to concern itself with by direction of the Appellate Court. Was the August 6, 2012 vote, initiated by the legally elected Vestry to ammend the By-laws and Articles of Incorporation, valid? She stated the following election statistics:
59 ballots
40 returned on time
31 in favor
9 against
6 returned after the deadline
Testimony during the trial addressed the eight names from the January 2012 Qualified Voters List, that had not been given ballots. By direct testimony four had entered the Catholic Church, two had not attended for over a year, one had moved out of the country and one was deceased.
Lancaster, arguing for the defendants, did not address the issues requested by the Appellate Court. Instead, he was all over the place and quite difficult to follow.
Allegra's rebuttal brought things back home. One argument that Lancaster trotted out referred to a church case that Allegra pointed out proved the exact opposite.
I can't remember when the court was dismissed, but it was usually by 4:30 and probably before on Friday. The week had been exhausting, full of complex emotions and the culmination of three and one half years of justice delayed. Judge Strobel's decision will be issued, in all likihood, sometime before the end of this coming week. The prayers I have been saying for justice and a return to our beloved little church are ongoing. May God be glorified in true justice.

Superior Court Day Two, September 24, 2015

We received a call late Tuesday evening before the case began, to see if our couch was available for visiting clergy from Hawaii. Fr. Chip Wheeler would be arriving late Wednesday night and Fr. Kelley and Mary Alice could pick him up at LAX and bring him to Chez Levin. Thursday morning Fr. Wheeler and I had breakfast and headed downtown to the courthouse. I decided to drive Thursday and Friday and park at the Cathedral.
Judge Strobel entered the courtroom at about 10:10 am. Lancaster continued to ask Dr. Allan Trimpi questions. The thick notebook of documents was still in front of him to refer to as questions were asked. The questioning surrounded meetings of the Vestry and especially the vote that was taken in July of 2012. Lancaster repeatedly asked, "Is that your signature?" "Was Marilyn Bush notified of the meeting?"
At this point I need to clarify that Marilyn Bush, in the company of other individuals, had appeared in  the courtyard of St. Mary's on Monday, April 9th, 2012, and declared that she had been "appointed" Senior Warden of St. Mary's by Anthony Morello (of Fountain Valley fame). The fact that Vestry members must be elected and cannot be appointed has never seemed to concern Mrs. Bush. If I continue on this story line I will end up in another country. Back to court.
When Lancaster finished with his questioning, one of our lawyers, Allegra Rineer, asked a couple of brief questions including a clarification  that regular Vestry meetings were held on the second Sunday of each month.
Our lawyer, Kathryn Greer called Darren Freedman to the witness stand. Darren is a lawyer at Troy-Gould, the firm that had previously handled our case. He verified that the 52 ballots in the evidence notebook had been opened and counted by him August 6, 2012. He also testified that he had helped to draft and prepare the ballots. Of the ballots distributed (mailed or hand delivered) 40 were received  by the August 6th deadline at 12:30. When Mr. Freedman was cross examined by Defendant lawyer, Damon Anastasia, questions were about signatures, why were some notarized and some not?
When Ms. Greer asked Mr. Freedman if ballots needed to be notarized according to the by-laws his answer was no.
When our lawyer, Pal, called Marilyn Bush to the stand, Lancaster objected repeatedly. The judge said that since her name was on the joint witness list the judge would allow her to be questioned. This may have been the richest and most revealing testimony. Pal asked her about being elected to the Vestry February 5, 2012. Did a meeting of the newly elected Vestry occur following the annual meeting? "Yes." Was it announced that regular meetings would be held the 2nd Sunday of each month following mass? "Yes." He then asked if she had attended the April, May, June or July meetings. "No." Many more questions were asked of course, but suffice it to say that Pal knows how to cross examine a witness. The court transcript  should be fascinating reading. Lancaster then asked his questions of Mrs. Bush following the lunch break from 12:00-1:30. After Lancaster concluded Pal had some more questions for her. Thanks to John Bruce blog I know that Marilyn Bush was born in 1930. I think the last place she wanted to be at 85 was that witness stand.
After this questioning our attorneys said that the Plaintiff rests. The Defendants however, were far from over. They proceeded to call Jackie Yeager, Armine Jones, Steve Hawkins and Michael Merrill all elected members Sof t. Mary's. Last of all I was called. I was on the witness stand for 45 minutes until court was adjourned until the next day, Friday.
My testimony continued the next day...and this blog will continue another day.

Superior Court Day One continued...

The notebook I had placed in my bag before leaving for the first day of court was a soft cover composition book I had received from a friend I taught with just before retiring in June of 2012. Apparently I had it just before that time because I took notes at a so called "Parish Meeting" called by
Anthony Morello on May 26, 2012. The surprise Temporary Restraining Order against Fr. Kelley had been imposed the day before. Everything between April 9, the attempted take over by the opposition, and May 25, 2012 is a bit of a blur, but I do know that if they couldn't obtain control one way they would try another. Their unbridled quest for control of St. Mary's had begun in secret over a year and a half before. And you think you know people...
I have really veered off topic and need to get back to the courtroom last Wednesday, the 23rd of September. As I walked into the court and took a seat behind our team of lawyers I realized I had been moved from "outside" into a "ring side seat". I was most thankful to have a notebook, pen and purpose on which to focus. My emotions needed a channel.
Judge Mary H. Strobel, entered the courtroom a little after 10:00 am. The lawyers all introduced themselves and the purpose of the trial was stated. Was the vote of August 6, 2012, conducted by the legally elected Vestry of February 5, 2012, valid? Also in question was the forcible detainer against the opposition ( in control of property since May of 2012) filed by same legally elected Vestry.
The first witness called was Fr. Christopher Kelley. He began his position as rector of St. Mary's March 20, 2007. Our lead attorney, Pal Lengyel-Leahu, began with questions about his job as rector and the validity of our January 2008 by-laws. They were ammended in January of 2011 to remove St. Mary's from the Diocese of the West (Anglican Church in America) and place the church in the Patrimony of the Primate. The POP had been formed for churches that had voted (by 2/3) to begin the process of joined the Catholic Church. Pal also asked Fr. Kelley about the use of the voter list of January 2012 and what various notations meant. The opposition lawyers would object at various points. Also in question, with I think every witness, was when regular Vestry meetings were held. Each witness I took notes for replied that regular Vestry meetings were held the 2nd Sunday of each month except where the Sunday was early in the month in which case it might be moved to the third Sun.
Other witnesses called on Wednesday were, John Pouncey, elected Vestry clerk, Andrew Bartus, Laura Bartus and Allan Trimpi. Allan was called to the witness stand at 3:55. The court was recessed at 4:30 until 10:00 the next morning when Allan's testimony would resume.
A summary of last Thursday, September 24, will be the subject of my next post.

The case begins...

The long awaited case for St. Mary of the Angels was held in Superior Court, downtown Los Angeles, September 23rd, 24th and 25th of last week. Taking the Metro seemed like a good way to begin this "adventure". I put on my walking shoes, my black cloth sun hat and left our apartment at 8:30 am. Walking at a good clip, I arrived at the Metro at Western and Wilshire in about 20 minutes. Somehow I navigated purchasing a Tap Card and a day pass. The Metro was uncrowded, simple and direct with a stop at Grand Park directly across the street from the Stanley Mosk Court House. I passed through the security check and took the elevator to the fourth floor. Department 32 was at the end of a long corridor. It was good to see the familiar face of John Bruce, a former member of St. Mary's who has been chronicling our case in his blog for the past three years. A face of someone I hadn't seen in over three years was that of Michael Merrill, looking very official in his security guard uniform. Hugs were exchanged with both men and small pleasantries exchanged.
Other friends joined us, Deacon John and Jackie Yeager, Father Kelley pushing Mary Alice in her wheel chair, Dr. Allan Trimpi and John Pouncey.
What was difficult was seeing Laura Bartus joined later by Fr. Andrew Bartus. They had both been subpoenaed to appear in court and did not look happy about it. Others from the opposition, now defendants in court, arriving were Marilyn Bush (of the permanent frown) Richard Neve, John and Judy Cothran, Pat and Pamela O'Meirs and an ACA (Anglican Church in America) bishop, Owen Williams. There were a few others joining this group that I didn't recognise.
Because I had been called as a witness by the opposition I knew I was to dutifully sit on a hard bench outside the courtroom all day. To this end, I brought a bag with a couple of books and a notebook I had begun when all of this started. Allegra Rineer,  one of our lawyers, came out of the courtroom and asked me if I would like to sit in the courtroom with them as a representative of our Vestry. My response was an enthusiastic yes! My notebook and pen were ready to go into action.

This annunciation is on a diptych that a friend brought us from Italy many years ago. She was a friend from St. Mary of the Angels. We have lost touch, but the image continues to bless us.
It has been over 3 1/2 years since we were inside St. Mary's. It has been held by...what shall we call them? Rebel forces? Unholy opposition? Usurpers? People of questionable Christan character?
Only God knows their hearts and purposes, but let it suffice to say they have not been nice.
Next week, September 23, 24 and 25, a judge in the Los Angeles Superior Court will listen to our case. The focus of the trial will be very narrow. I'm praying the outcome will be true justice.
Jesus said, " In the world you will have tribulation, but be of good cheer, I have overcome the world."
Even so come Lord Jesus.

Luminous Mysteries

                   

Some thoughts came while praying,
The United States of America is not doomed because of:
The economy
Racial inequity and tension
Joblessness
Immigration
Climate change
Loss of our constitutional government
Poverty
Homelessness
A justice system that does not uphold justice
Inequalities in education
Healthcare
Environmental concerns
Pollution
Wars and conflicts
The Middle East crisis
Islamic radicals
The 1%
It is doomed because we kill our children before they even have a chance to take their first breath.

Comfort Zone

Lots of thoughts were running through my head on my walk this morning to the post office on Western. It's one the USPS is closing down at some yet to be determined point in the future. They have already closed up the convenient curb drop boxes and even the two in the parking lot. So one must actually walk in to post a letter.
I had decided my walk there would fulfill my daily, "Walk to End Lethargy" requirement. I walked down busy 3rd Street on my way there. It is such a different walk from my usual route going west on 4th Street. The neighborhood changes dramatically east of Wilton Ave. Which is also a very busy street going north and south. The parkways are narrower, the random trash increases and the apartments you pass are a bit run down.
On my return trip I crossed 3rd Street and walked south to 4th Street. Again I was east of Wilton and there are no single dwelling homes. It is all apartment buildings with varying degrees of upkeep. One very noticeable difference to a walker is that dog owners do not seem to care about picking up after their dogs. The problem decreases as you continue to walk west and there is more grass instead of small wastelands.
I'm always happy to see the front of our apartment building. It is a small oasis on the border of a very prosperous neighborhood. We have a wooden walkway bordered with a little man made stream ending with what I affectionately refer to as Regent Falls. There is a small waterfall beyond the entrance bridge. Lots of trees and vegetation surround all of this. Our apartment balcony is facing the tennis court and I love that we are 2nd story and surrounded by trees.
I am at the point in life where I need to see and experience quiet beauty. The beauty stands out all the more for having stepped outside my personal comfort zone. Daily gratitude seems the only appropriate response.