June 20, 2002

Bishop seeks question limit

By Gary V. Murray, Telegram & Gazette Staff

WORCESTER-- Lawyers for the Roman Catholic Diocese of Worcester are seeking to limit the scope of questioning of Bishop Daniel P. Reilly during a deposition in a civil suit against the diocese and the Rev. Robert E. Kelley.

The deposition, which had been scheduled for yesterday, has been postponed pending a court ruling on a motion filed by Bishop Reilly's lawyer, Joanne L. Goulka, that would restrict the areas of inquiry and the number of documents the bishop would be required to produce.

The requests are being made in connection with a Worcester Superior Court lawsuit brought by two women who allege they were sexually abused by Rev. Kelley while he was serving as a priest in the Worcester diocese.

Abigail R. Williams, one of the lawyers for the plaintiffs, said yesterday the deposition would be rescheduled after the court rules on Ms. Goulka's motion.

Ms. Goulka alleges that some of the documents requested in connection with the deposition and the expected areas of inquiry are intended to subject Bishop Reilly to “annoyance, embarrassment, oppression and undue burden,” are overly broad and are unlikely to lead to the discovery of admissible evidence.

They also could require the disclosure of communications between a lawyer and a client and “invade the privacy of innocent third persons,” according to the bishop's lawyer.

Judge Francis R. Fecteau denied the motion without prejudice last week on procedural grounds. Ms. Williams said the denial was based on noncompliance with a court rule that gives an opposing party 10 days to respond to a motion before it is filed in court.

Ms. Williams said she and other lawyers for the plaintiffs would file their written opposition and that she then expected a court hearing to be scheduled. She said the bishop's deposition would be rescheduled after the court rules on the motion.

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