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Agony in Albany - The Roman Catholic Faithful

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<strong>Roman</strong> <strong>Catholic</strong> <strong>Faithful</strong>, Inc. / AMDG May 2004 <strong>Albany</strong> newsletterare not a judge, then you will or may be mak<strong>in</strong>gyourself a witness <strong>in</strong> mak<strong>in</strong>g determ<strong>in</strong>ations how andwhy one person may be more credible than another.“Are you aware that the <strong>Albany</strong> Diocese neglectedto note <strong>in</strong> their February 16, 2004 press releaseconcern<strong>in</strong>g the death of Fr. M<strong>in</strong>kler that Fr.M<strong>in</strong>kler worked very closely with Card<strong>in</strong>al O’Connor<strong>in</strong> the 1970’s until 1984? Fr. M<strong>in</strong>kler worked directlyfor Archbishop Joseph Ryan of the military ord<strong>in</strong>ariateback when the ord<strong>in</strong>ariate came directly under theauspices of the New York Archdiocese, and thereforeCard<strong>in</strong>al O’Connor. Was the <strong>Albany</strong> Diocese attempt<strong>in</strong>gto make sure that the public would not becomeaware of the close connection and close relationshipthat Fr. M<strong>in</strong>kler had with Card<strong>in</strong>al O’Connor?“Once you become aware that Fr. M<strong>in</strong>klerauthored the two letters, one can easily understandwhy Fr. Doyle and/or Bishop Hubbard tried to bully,<strong>in</strong>timidate and coerce Fr. M<strong>in</strong>kler <strong>in</strong>to a false repudiation,much the same as Mr. Citera and Fr. SanFratellotried to bully my client on March 2, 2004.“Once you become aware of what I alreadyhave found out about Bishop Hubbard’s credibility,you may come to the only logical conclusion that heis not tell<strong>in</strong>g the truth and that he and you are cost<strong>in</strong>ghis parishioners excessive amounts of money to concealhis false and dis<strong>in</strong>genuous actions.“I take note that when I requested of youroffice a complete copy of your engagement letter withyour pr<strong>in</strong>cipal, you or your partner advised me thatthe consent and approval of your pr<strong>in</strong>cipal wasneeded. That you needed to get this approval, andthat the approval was partially denied, and youwanted to summarize same, belies the fact that youare <strong>in</strong>dependent and autonomous and speaks volumesabout your duty to your fiduciary (the Panel andBishop Hubbard) and your ability to be <strong>in</strong>dependent.You are act<strong>in</strong>g as an attorney and as an attorney, youhave not waived, may not be able to waive or cannotwaive your fiduciary responsibilities and contractualobligations to your pr<strong>in</strong>cipals and that you have ormay have non-waivable, non-dischargeable duties andobligations as an attorney to your client. You nowexpect me to share and open up my files and <strong>in</strong>formationto you, but you are constra<strong>in</strong>ed to provide mewith your engagement letter and other materials thatwill show me the scope of your representation, dutiesand relationships. If you were hired and reta<strong>in</strong>ed as amediator, you would have had to be approved by me.<strong>The</strong> fact that you were hired by entities that are generallydefendants that I have sued, and that I am generallya lawyer for victims of clergy sexual abuse,<strong>in</strong>dicates to my clients that you are not and maynever be able to be <strong>in</strong>dependent and autonomous.“As an attorney and fiduciary for BishopHubbard and the <strong>Albany</strong> Diocese Sexual MisconductPanel, a panel that has publicly <strong>in</strong>dicated that‘cannot <strong>in</strong>vestigate itself’ and therefore, stands <strong>in</strong>the shoes of Bishop Hubbard, you have or mayhave a legal, contractual, fiduciary and/or ethicalduty to your client and pr<strong>in</strong>cipal. If the MisconductPanel was <strong>in</strong>dependent of Bishop Hubbard, it wouldhave been able to <strong>in</strong>vestigate the bishop. As I advisedyou and I believe you were made aware, Ihave sued your pr<strong>in</strong>cipals, both the MisconductPanel and Bishop Hubbard.“It appears to me, that you and your officehave or may have a conflict of <strong>in</strong>terest. <strong>The</strong> conflictexists on a number of levels, and would renderyour work and work product useless. It appears tome Ms. White, that your <strong>in</strong>flated work, <strong>in</strong>flatedhourly wage and ultimate bill is a rip-off to <strong>Roman</strong><strong>Catholic</strong> Parishioners <strong>in</strong> the <strong>Albany</strong> Diocese formany reasons, some of which are outl<strong>in</strong>ed <strong>in</strong> thisletter.“It is unfortunate that because of you oryour agents’ actions on March 2, 2004, which I amcompelled to believe were orchestrated and approvedby you, adversarial relationships and lack oftrust has developed. Your role <strong>in</strong> these matters hasalso not been expla<strong>in</strong>ed, developed or thoroughlyaddressed from the standpo<strong>in</strong>t of the Canons of Ethicsand Discipl<strong>in</strong>ary Rules that we attorneys <strong>in</strong> theState of New York must abide by.“You also appear not to be cognizant ofmy ethical obligations to my clients. My obligationsdo not run to you, the diocese, Bishop Hubbardor the Misconduct Panel. As stated, I am alawyer for victims of clergy sexual abuse. Youwere reta<strong>in</strong>ed by present and possible future defendants.In essence, you have requested that I compromisemy representation of my clients to serveBishop Hubbard’s false claims and dis<strong>in</strong>genuousdesire to clear his name. S<strong>in</strong>ce I am ethically boundonly to my clients and exclusively to my clients,and you and your agents have acted adversarial,confrontational, unprofessional, and not <strong>in</strong>dependent,you have made any cooperation difficult on anumber of levels.“In an attempt to further the public’s <strong>in</strong>terestsand save <strong>Albany</strong> Diocese Parishioner’s money,16

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