July 31,1995 deposition of Bishop Walter Curtis - Page 10 by newstimes

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(1)	generally, what were in the secret archives?
(2)	What did they contain? What did you choose to
(3)	put in there when you were bishop?
(4)	A. I don't think I should say.
(5)	MR. SWEENEY: Well, the issue is
(6)	the type of document.
(7)	Q. Yeah. I'm not asking you -
(8)	MR. SWEENEY: He's not going to
(9)	ask you any specific stuff, but, for example,
(10)	like the deed to the cathedral. Can you just
(11)	tell him like real estate deeds, this kind of
(12)	thing.
(13)	Q. Yes. What kind of documents would go
(14)	in there?
(15)	MR. SWEENEY: If you recall?
(16)	A. Well, there would have been documents
(17)	relating to diocese activity that - we had an
(18)	annual appeal for funds, and the report on that,
(19)	the file report on that would be -
(20)	Q. In the secret archives?
(21)	A. - kept in the secret archives.
22) Q. All right. What other kind of
(23)	information?
(24)	A. At the moment, I don't remember.
(25)	Q. Well, you are aware of the fact,
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(1)	A. I would destroy it.
(2)	Q. You'd destroy it.
(3)	A. Yeah.
(4)	Q. And what was - give me an example of
(5)	what would be the reason you would do that.
(6)	A. Well, it would be - it would be an
(7)	antiquated issue, happened so long before, there
(8)	was no point in preserving it any longer.
(9)	Q- In other words, you would have a
(10)	complaint against the priest, for instance, is
(11)	that what we're talking about? Is it a
(12)	complaint or would it be the result of an
(13)	investigation?
(14)	A. If I had occasion to go into that file,
(15)	I might then see things there that I wasn't
(16)	really looking for, but they were there, and if
(17)	it seemed to me to be too antiquated to bother
(18)	keeping, I'll just take them out and destroy
(19)	them.
(20)	Q. When you say too antiquated to keep any
(21)	longer, what do you mean by that?
(22)	A. Well, it might refer to a priest who
(23)	had died. Might have been something in the file
(24)	about a priest who had already died.
(25)	Q. In other words, it would be a dead
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(1)	priest?
(2)	A. Yes.
(3)	Q. Let me ask you, do you keep - did you
(4)	keep the files of priests after they died?
• (5) A. I don't recall.
(6)	Q. Okay. Would you destroy - in other
(7)	words, would it be - would there be a situation
(8)	where the complaint was antiquated, it was an
(9)	old complaint, and since that time you had no
(10)	further complaints about the priest so you would
(11)	throw them out, the old complaints?
(12)	A. That happened.
(13)	Q. All right, and who would decide to do
(14)	that?
(15)	A. I would make the decision.
(16)	Q. You'd make the decision. Would you do
(17)	that on your own, Bishop, or would Monsignor
(18)	Cusack suggest, for instance, that you do that?
(19)	A. I'd do it on my own.
(20)	Q. All right. Where did you keep the
(21)	secret archives, when you were bishop?
(22)	A. Well, they were in our - they were in
(23)	a safe area. It was in a safe area.
(24)	Q. And was that over at the diocese
(25)	offices?
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(1)	Bishop, that the secret archive is a requirement
(2)	of canon law, that each diocese must have a
(3)	secret archive?
(4)	A. Yes.
(5)	Q. All right, and I want to read you from
(6)	Canon 489, "There is also to be a secret archive
(7)	in the diocesan curia, or at least a safe or
(8)	file in the ordinary archive, completely closed
(9)	and locked which cannot be removed from the
(10)	place, and in which documents to be kept secret
(11)	are to be protected most securely. Every year
(12)	documents of criminal cases are to be destroyed
(13)	in matters of morals, in which the criminal has
(14)	died or in which 10 years have passed since the
(15)	condemnatory sentence."
(16)	Did you have - while you were
(17)	bishop, were there any judicial proceedings
(18)	which resulted in criminal charges being proven
(19)	against one of your priests? Any kind?
(20)	A. No.
(21)	Q. None, all right. So it's fair to say,
(22)	then, while you were bishop, there were no
(23)	criminal records that you put in the archives?
(24)	A. That's right.
(25)	Q. All right. And the - what other kinds
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(1)	of things did you have in there besides the
(2)	financial - some financial records?
(3)	A. Well, communications from the Holy See.
(4)	Q. So that if you received anything from
(5)	the Holy - not anything, but some things from
(6)	the Holy See, you might decide to put those in
(7)	there?
(8)	A. Yes.
(9)	Q. Were there in the secret archives, any
(10)	records regarding your priests?
(11)	A. I don't recall now what was in there.
12) Q. All right, but
(13)	example, if we
(14)	against one of your priests, would that have
(15)	been put in the secret archives as well as in
(16)	the personnel file or in one place rather than
(17)	the other?
(18)	A. Likely the
(19)	the general.
) Q. Than the general one. And when you
) indicated to us before that you had seen, you
(22)	said, some documents which you thought were
(23)	antiquated and you were able to remove,
(24)	regarding priests, those were from the secret
(25)	archives?
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(1)	A. Yes.
(2)	Q. Which were on Jewett Avenue?
(3)	A. Yes.
(4)	Q. If I recall, you were living at the
(5)	rectory at St. Augustine's Cathedral, were you
(6)	not, when you were bishop, towards the end?
(7)	A. Yes.
(8)	Q. You originally lived in the big house
(9)	that Bishop Sheehan had bought on Villa Avenue?
(10)	A. That's right.
(11)	Q. And then you moved over to the
(12)	rectory -
(13)	A. Yes.
(14)	Q. - and sold the house. But these
(15)	records would have been over on Jewett Avenue?
(16)	A. Yes.
(17)	Q. Who had access to those records,
(18)	besides yourself?
(19)	A. It was a double key arrangement. The
(20)	vicar general would keep one key and I would
(21)	keep the other.
(22)	Q. All right, so the two keys were
(23)	required -
(24)	A. Yes.
(25)	Q. - to open up these things? And,
would there be - for
- if there was a complaint
secret archive rather than
(20
(21
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