Diocesan lawyer is denied access to personal computer information
Wednesday, April 28th tracking informing displayed, Griffin and Goulka law office had visited WorcesterVoice.com web site within hour of Worcester superior court hearing conclusion.
Attorney Joanne Goulka, a lawyer who represents the Diocese of Worcester in various lawsuits alleging clergy sexual abuse, in an unprecedented and stunning move attempted unsuccessfully last week to get the names, addresses, links and cookies of everyone who had clicked on to a web site at www.timstaney.net.
Tim Staney, who operated the site, is a professional web site developer who put up his site when he filed suit against the Diocese of Worcester and Father Jean-Paul Gagnon alleging that he was sexually abused by Father Gagnon. The suit also named Raymond Tremblay, who Tim Staney said was a religious education teacher who he said also abused him. Currently, Father Jean-Paul Gagnon awaits arraignment on May 17, 2004, charged with indecent assault and battery on a person over age 14 at a time when he was pastor of St. Augustine parish in Millville.
Tim Staney ran afoul of lawyers representing the other side, when he posted on his web site a copy of a psychological evaluation of Father Gagnon that was done some years ago at the House of Affirmation. The report was in a file open to the public and parts of the report were printed in the Woonsocket Call newspaper.
Judge Jeffrey Locke issued a sanction against Tim Staney on April 28 for putting the report out there on his web site although no mention was made of sanctioning the Rhode Island newspaper that also pulled excerpts from a report found in a public case file at Worcester Superior Court. He called it a "cheap shot" on Tim Staney’s part.
The judge denied lawyer Goulka’s request and said she could not have the personal information of those who had looked at Tim Staney’s site. Ms. Goulka told the judge she was concerned that potential jurors had read the report on Mr. Staney’s site. The judge said any trial in this case was further down the road and he did not see where this would be a factor.
This is the second attempt lawyer Goulka has made to get personal information about people and mirrored another legal maneuver in September of 2002 when a subpoena was issued in the lawsuits bring brought by Heather Mackey, Debbie Doucet, Nicole M. Cormer, Diane Gallian and Denise Hanraham, who were suing the bishop and two diocesan priests alleging they were sexually abused as children by Father Robert E. Kelley at St. Cecilia parish in Leominster. The subpoena, which came from Ms. Goulka, requested all confidential records of all alleged victims of clergy sexual abuse from the Worcester Diocese who have contacted the organization known as SNAP. Under mounting public pressure, the subpoena was withdrawn by Ms. Goulka the next day.
Judge Locke, presiding justice over all civil cases in relation to suits pending against the Roman Catholic Diocese of Worcester, took little time to recognize as he stated "serious first amendment considerations as to the right of access" on requests 2 ,3, and 4. Ms Goulka was clearly informed that these actions were denied by the court.
For Ms Goulka to make this attempt to gain the names and addresses of clergy abuse victims, advocates and supporters who use the internet as a means of communication again illustrates her conviction that she intends to get those names. Ms. Goulka’s own web site notes that interaction on her web site with the law firm will not establish an attorney-client relationships. Yet, in clergy abuse victims sites, Ms. Goulka continues to view this association as an interaction to which she should have legal access.
Tracking information from Worcester voice web site illustrated web hit from the law firm Griffin And Goulka at 05:06 pm April 28, 2004.
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Apr 28 |
05:06:33 PM |
MSIE 6.0 |
Windows 98 |
800x600 |
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United States |
68.162.229.106 |
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Verizon Internet Services VIS-68-160 (NET-68-160-0-0-1)
68.160.0.0 - 68.163.255.255
Griffen and Goulka VZ-GRFFNGLK-1 (NET-68-162-229-104-1)
68.162.229.104 - 68.162.229.111
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68.162.229.106 |
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68.162.229.106 |
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Massachusetts |
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Stoneham |
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Griffen And Goulka |
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