Thursday, November 19, 2015

New Schedule

There are two pending legal events in resolving the vestry's case. The first is Judge Strobel signing the final version of her decision, which will order the squatters evicted from the property. It was expected that she woud do this by November 17, since the hearing on the disposition of the "related cases" had been scheduled for November 18. However, with Lancaster & Anastasia claiming the USPS had taken five days to deliver their copy of Judge Strobel's decision, these dates have been rolled forward.

Judge Alan Goodman, who now has charge of Judge Strobel's former Department 32, has continued the November 18 hearing on the "related cases" to January 8, 2016. However, I'm told that the law requires that Judge Strobel wrap her decision up within 50 days -- which takes us no later than December 15. We don't know exactly what her order will be, including what dates she may specify for execution of the final judgment. My wife thinks she is proceeding with extreme caution to avoid continued appeals.

The most important of the "related cases" is the one by the squatter group against Fr Kelley accusing him of "conversion", which is civil theft. (The civil charge would require only a jury majority based on the "preponderance of evidence", rather than a unanimous finding "beyond a reasonable doubt".) This case, of course, has been stalled since the appeals court returned the cases for retrial in 2014. Judges who have looked at the Bush group's allegations have repeatedly said that there is no evidence for them. During the brief time I was parish treasurer in 2011, I found no evidence of financial impropriety, and the accountant who audited the parish prior to its seizure in 2012 also found no impropriety. Presumably this case will be dismissed "with prejudice" under Judge Goodman next year.

Fr Kelley, on the other hand, is concerned that the squatter group remains in possession of his personal property that had been in the rector's office at the time of the seizure. I suspect that other problems will come quickly to light once the vestry regains access to the property and bank accounts.