Former Notre Dame Official Will Now Testify in ND 88 Case

LifeSiteNews.com -- Your Life, Family, and Culture Outpost ^ | September 22, 2010 | By Peter J. Smith

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Wednesday September 22, 2010

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Former Notre Dame Official Will Now Testify in ND 88 Case

By Peter J. Smith

SOUTH BEND, Indiana, September 22, 2010 (LifeSiteNews.com) – Attorneys representing the 88 pro-life demonstrators arrested at the University of Notre Dame for protesting President Barack Obama at the 2009 commencement ceremonies, won the right Monday to require a former ND official to testify under oath about the treatment of the pro-life protestors.

In St. Joseph County Circuit Court, Chief Judge Michael Scopelitis ruled that Thomas More Society's (TMS) special counsel, Tom Dixon, may depose William Kirk, former associate vice president for residential life at the University about the university’s decision to arrest and prosecute the pro-lifers.

"This represents a major victory for the defense, and perhaps even a decisive turning point in this case," said Tom Brejcha, president and chief counsel of TMS.

Scopelitis overruled the prosecution’s motion to quash the deposition and said he will pass on any objections arising during Kirk’s testimony, since it will take place at the St. Joseph County Courthouse.

Dixon argued at last week’s hearing that Kirk's testimony would help shed new light on why Notre Dame arrested and prosecuted the pro-life protesters, but has not done the same to other protestors.

Earlier this year, Kirk was removed from his post with Notre Dame after it became public that Notre Dame has not filed charges against gay rights and anti-ROTC activists who have in the past protested on campus without permission. The same treatment was not extended by Notre Dame to the 88 pro-life demonstrators, who were arrested and charged in May 2009.

Earlier in September, LifeSiteNews.com attempted to contact Notre Dame over the circumstances surrounding Kirk’s termination. Notre Dame spokesman Dennis Brown, however, declined and appeared to indicate that the university had instituted a policy against speaking with LSN. 

The Thomas More Society has argued that the ND88 were not criminal trespassers but victims of "viewpoint discrimination," a violation of the First Amendment. But Notre Dame President Fr. John Jenkins has repeatedly maintained that all protesters were and are treated equally.

The pro-lifers face up to a $5,000 fine and a year in jail if convicted.

At last week’s hearing, TMS also secured the right of the ND 88 to have their own individual jury trials. The prosecution had sought instead to consolidate the cases, and thus expedite the legal process - a request that was denied by Chief Judge Michael Scopelitis.

The longer the trials continue, the greater the likelihood that Notre Dame exposes itself to negative public relations. TMS says it still hopes that the university will avoid such a drawn out process by requesting the prosecution to drop the charges.

See related coverage by LifeSiteNews.com:

Notre Dame Spokesman Refuses to Speak to LifeSiteNews.com
http://www.lifesitenews.com/ldn/2010/sep/10090306.html

Notre Dame Pres Jenkins: Visit to Notre Dame was Good for Obama
http://www.lifesitenews.com/ldn/2010/jun/10060311.html

Who Are the Notre Dame 88?
http://www.lifesitenews.com/ldn/2009/dec/09120911.html

URL: http://www.lifesitenews.com/ldn/2010/sep/10092210.html

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From the article:

n St. Joseph County Circuit Court, Chief Judge Michael Scopelitis ruled that Thomas More Society's (TMS) special counsel, Tom Dixon, may depose William Kirk, former associate vice president for residential life at the University about the university’s decision to arrest and prosecute the pro-lifers.

William Kirk is the one who allowed GAY ACTIVISTS and Anti-Military Activists to hold ILLEGAL PROTESTS ON THE CAMPUS.

Nothing was done to these protests (there were no arrests).

However, the ND88, protesting based on Catholic Beliefs, were arrested...

[topher]

Ping. This is good news. Basically, what William Kirk did could be the basis for a counter suit against Notre Dame.

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From the article:

The longer the trials continue, the greater the likelihood that Notre Dame exposes itself to negative public relations. TMS [Thomas More Society] says it still hopes that the university will avoid such a drawn out process by requesting the prosecution to drop the charges.

The process will be drawn out because:

(1) The ND 88 have won the right to individual trials

(2) The testimony of William Kirk and testimony about Gay Activists and Anti-ROTC demonstrations will also draw out the trial.

Father Jenkins has dug a deep hole for Note Dame University to crawl out of.

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The other recent article on this:

Notre Dame Protesters Win Right to Individual Jury Trials [ND88]

This is FREEREPUBLIC thread about the LifeSiteNews.com article.

[shibumi]

The University of Notre Shame

(My former Alma Mater)

Dead to me.

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ping - don’t know if you care about this thread...

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I have sent an email to Thomas More Society suggesting that each one of the ND 88 sue Notre Dame University for $25 million each.

There would be basis, based on William Kirk allow illegal protests by the Gay protesters and anti-military protesters, but then prosecuted people who protested based on Catholic beliefs.

Additionally, there are the 100+ Bishops/Archbishops/Cardinals that were against Father Jenkins and Notre Dame and, in a sense, supportive of the ND 88.

Even though the ND 88 may not want to win lawsuits for millions of dollars against Notre Dame, it might get the lawsuits against them dropped.

And if they do win, they could donate the money to PRO-LIFE causes.

The reason Notre Dame would want to NOT HAVE the potential of a $2.2 BILLION lawsuits against them is the possibility of the ND 88, no matter how small.

That would cripple a University, and Notre Dame might be forced to throw in the towel, and cry uncle.

And it would make the ND 88 sleep better at night...

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In terms of risk management, the potential for $2.2 Billion in lawsuits would be a devastating blow to Notre Dame, and might cause Notre Dame to drop the charges and PLEAD WITH THE ND 88 not to sue Notre Dame...

Even if there is only a 2% chance of the ND 88 winning a countersuit, that is a 2% chance of winning $2.2 billion

Most Risk Management folks would tell you, yes -- the possibility is slight of them winning, but if they do win, it is catastrophic to Notre Dame...

Sort of like a 2% chance of an oil spill like the one in the Gulf of Mexico (which cost British Petroleum billions of dollars -- as well as the US Government and the state of Louisiana).

[Venturer]

Personally, I hope the 88 win their case and go on to sue jenkins (I refuse to call him Fr. and won’t even capitolise his name.)and Notre Dame.

[jmaroneps37]

Very nice!

[browniexyz]

Is William Kirk related to Russell Kirk, the great conservative from Notre Dame?

[SumProVita]

“I have sent an email to Thomas More Society suggesting that each one of the ND 88 sue Notre Dame University for $25 million each.”

An excellent idea. Kudos!

[Alamo-Girl]

How sad. Thanks for the ping.

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I don't know. But the selective enforcement of who was arrested for different protests is something that will haunt Notre Dame.

If there is any Intelligence in the Administration of Notre Dame, they would drop these lawsuits against the 88 people, with Father Norm Weslin being one of them.

[Ratman83]

The 88 are not being sued them are being prosecuted for crimminal offenses.

[mc5cents]

Is the Notre Dame in South Bend, Indiana, the former Catholic University now a secular institution?

[Quix]

WOW.

[topher]

Correct.

But they would have a right to sue Notre Dame based on the fact of selective prosecution.

There were Pro-Gay activists and anti-military activists that nothing happened to them.

So the ND 88 would have the right to sue Notre Dame Univserity.

The articles (more than one) talk about the fact that ND 88 have won the right to have individual trials and that William Kirk must testify in these trials.

These are, in a sense, poison pills to the prosecution of the ND 88 on criminal charges.

One of the ND 88 suffered a heart attack. If it can be shown that there was selective prosecution of the law (bias), then some of these people can sue Notre Dame for damages.

I am not a lawyer, but I believe that is where this stands.

Additionally, the ND 88 were upholding Catholic beliefs in what they were doing with their protests, which Notre Dame is supposed to be a Catholic University.

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The one that used to have a football team.

I looked at this year's schedule, and Western Michigan is about the only team that I think Notre Dame can beat.

But then it is a team from the state of Michigan, and Notre Dame is 0-2 against teams from the state of Michigan.

Notre Dame probably will beat some of the other teams on its schedule, but I would not bet any money on Notre Dame this year.

Alumni are very upset with Notre Dame over the Obama issue...

The school has major issues...

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You wrote:

Is the Notre Dame in South Bend, Indiana, the former Catholic University now a secular institution?

Yes. It is known and is considered the leading Catholic University in terms of size and reputation of some of its graduating programs, but not necessarily with building Catholic character.

The school has allowed absurdly immoral things like the Vagina Monologues on campus.

The Vagina Monologues has stopped because of the uproar over the Obama honor.

But Notre Dame University in South Bend, Indiana is a very troubled place. It has become divided because of what the Catholic priest president has done with the honor for Obama.