Buffalo, NY (WBEN) On December 29th, the United States Bankruptcy Court for the Western District of New York entered the “Nontestimonial Statement Order” granting the request of the Official Committee of Unsecured Creditors for the presentation of nontestimonial statements in the bankruptcy case.
Attorney Steve Boyd represents some clergy abuse victims and says this has happened in Rochester among other dioceses. “Because the diocese filed bankruptcy, people did not get their day in court. So people will be able to go and tell their story to the judge and to the bishop who will be present to say exactly what happened to them,” says Boyd. He says the reason they call it non testimonial is that these statements will not be used in any later court proceeding, so this would be their day in court.
Boyd says in a regular court case, a person would give testimony, be asked questions and answer those questions, and then the opposing side would have the chance to cross examine them and ask other questions that might in some way diminish the statement or call into questions a person’s credibility. “That’s not going to happen here. These are just public statements that are going to be made without any controversy and without anybody cross examining anyone or questioning anyone. People will be able to get up, tell their story and have their story heard by the judge and by the members of the Diocese and whoever else is there,” explains Boyd…