Train Wreck

An online dictionary defines "train wreck" as

train wreck n. a disaster or failure, especially one that is unstoppable or unavoidable. . .

to which a commenter adds,

To “a disaster or failure” I would add, “especially one that, though foreseen, is difficult or impossible to avert.”

I believe this stems from the image of two trains on one track that are coming toward each other and inevitably will collide, and they can neither get out of each other's way nor stop in time to avoid a collision. I think that those observing the St Mary of the Angels legal developments are beginning to conclude that this is developing into a slow-motion catastrophe for the ACA and some individuals, and at this point, there's no way for the ACA to avoid it. Take a seat, we're about to see a train wreck.

In my chat with informed parties Sunday afternoon, I posed the inevitable question: is there any chance of raising with the ACA and the Bush group the possibility, even now, of coming to some sort of Christian reconciliation -- say, the ACA and the dissidents turn the property over to the elected vestry, and the elected vestry forgives some part of monetary damages in return? My interlocutors nodded sympathetically, appreciating my good feelings -- but they patiently explained that things have gone way past that, proposals to that effect had been made long ago, but had been angrily dismissed by Bush and the ACA.

My retired-attorney wife says that, in a traditional big law firm, things are at the point where a partner goes to a newly hired associate, straight out of Harvard Law, and says, "OK, Schmidlap, here's the Rector, Wardens, and Vestry case file. Give me a memo on what the damages are and how you think we should pursue them." The result is a 20-page report. (This would, of course, apply to deep-pocket plaintiffs and respondents and might not be done in this specific case by the elected vestry's attorneys.)

However, it appears from my chat Sunday that some thought is being given to this stage of the proceedings. While no specifics were mentioned, I am going to speculate on the direction that I think the question of damages might take. Again, I'm not an attorney, and beyond that, there is a great deal that we don't know, including the state of the parish building and what financial transactions have taken place. This case has been full of back channel dealing, hidden agendas, secrets, and prevarications, and a knowledgeable attorney with a more complete understanding of the circumstances might pursue a different strategy. That said, damages might result because

• Every action taken by Anthony Morello and the Bush vestry, as well as inhibition and deposition of Fr Kelley, was ordered, supervised, or endorsed by bishops of the ACA, often in the written record by unanimous votes of the ACA House of Bishops.
• By closing the parish, excommunicating numerous members, and threatening to call police if numerous parishioners even entered the property, the ACA essentially stopped the functioning of the parish, causing it to forego pledge, gift, and bequest income, as well as income from hall rental.
• The ACA and the Bush faction maliciously interfered with numerous employment contracts, as well as contracts for hall rental.
• The ACA and the Bush faction will be responsible for damage or missing property from the parish building.
• The elected vestry might also pursue the Bush vestry and the ACA for its own attorneys' fees, if these aren't awarded to it by the judge in the case.
• In addition to damage to the parish's property, finances, and ability to conduct business, the ACA also defamed Fr Kelley by deposing him when, by its own admission, it did not have jurisdiction to do so. Information has now also emerged that Anthony Morello, who conducted Fr Kelley's trial, appears to have had a financial interest in its outcome, since he had pledged personal assets to pay the attorneys advising the ACA in seizing the parish.

Without a full knowledge of all actions and consequent damages, it's not possible to come up with any sort of final measurement. I do know that the elected vestry will have a fiduciary duty to pursue all appropriate damages. A preliminary quantified estimate might be along these lines:

• Annual pledge and offering income for two years: $156,000
• Employee salary and expense payments under contract for two years: $250,000
• Hall rental income under contract for two years: $10,000
• Unspecified damages to building and missing assets.
• Unknown financial issues.
• Costs of evicting ACA and Bush occupants, possible forensic audit, and engaging private security subsequent to eviction.

Because the ACA and the Bush vestry interfered with contracts and the written record gives clear suggestion of malice, punitive damages would apply. The estimate above leaves aside any action Fr Kelley might take for defamation, although quantifiable damages to him might include the amount of income he will have foregone between 2012 and a reasonable retirement date, since he is probably no longer employable as a priest due to the ACA's action -- plus the cost of medical care and counseling for him and his family as a result of the ACA's campaign of character assassination and harassment.

This is a complex case, and the strategies for collecting damages would be extensive and diverse. Some pockets would be deeper than others, but it would probably be necessary to pursue all the individuals and entities here:

• The estate of Anthony Morello
• The ACA Diocese of the West as a corporation
• Other officers of the ACA Diocese of the West as individuals
• Brian Marsh, Stephen Strawn and Owen Williams individually as episcopal visitors to the ACA-DOW
• Owen Williams individually as "pastor" of the parish while under ACA control
• Frederick Rivers individually as "Rector" of the parish while under ACA control, as well as in his role as Vicar General DOW
• The Anglican Church in America as a corporation
• Each member of the ACA House of Bishops as individuals
• The members of the Bush vestry as individuals

Some people and entities might be covered by insurance, although others probably would not be, the specific coverages will vary with each policy, and the amounts might well be subject to caps. The ACA's insurers might fight any claim by the ACA bishops on the basis that they were acting outside the scope of their authority -- all of this will depend on the individual policies. There are probably few individuals outside the insurers who could come anywhere close to paying the damages in question. Nevertheless, all would need to defend themselves and hire attorneys, and they would be subject to the anxieties and emotional effects resulting from long-term litigation. The consequences for most of the people involved here are potentially catastrophic.

A no-brainer consequence for the ACA and the Diocese of the West would be the seizure of pretty much every tangible asset, minimal as these might be -- but they would include all bank accounts and income streams. The ACA and several of its dioceses would probably just cease operation. If I were the APA, I would figure this into any consideration of merger.

And it's probably too late to avert these consequences. That's why it's called a train wreck. This will be disturbing to watch.