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Home/Churches and Ministries/Rebuttal Witnesses And a Lawyers Rebuke

Rebuttal Witnesses And a Lawyers Rebuke

Update on recent litigation in the Episcopal church

Written by Ladson F. Mills III | Saturday, August 2, 2014

“The fireworks which later erupted occurred during national church lawyer Mary Kostel’s cross examination of Diocesan Chancellor Wade Logan. The issue came during his testimony concerning Title IV Discipline charges placed against Bishop Lawrence and how the national church violated its own policies. In presenting the objection Ms. Kostel violated the judges warning and instructions which earned her a stinging rebuke.”

 

Judge Diane Goodstein’s long fuse does have a limit as lawyers for the national church discovered on Thursday. They had failed to learn that her pleasant demeanor is not an invitation to ignore instructions.

The day began routinely enough with the calling of Dr. Alan Guelzo PhD a professor of history at Gettysburg College and Episcopal Priest from the Diocese of Pennsylvania whom the court had certified an expert Ecclesiastical and Church History. Dr Guelzo testified that the Episcopal Church has grown through no single line of development. He does not agree that it is a hierarchical church presenting evidence that following the American Revolution the Episcopal Church founders were careful to avoid this type of organization. He cited examples from the American Civil War in which the southern dioceses left and rejoined the national church at their own determination. His testimony included documents showing that the name “Protestant Episcopal” was granted to the Moravians by the British Parliament under the reign of George II well before any establishment of The Episcopal Church.

He withstood an extensive cross examination using his extensive knowledge on several occasions to instruct cross examining attorneys when their knowledge was deficient.

Bob Lawrence (no relation to the Bishop), Executive Director of St. Christopher Camp and Conference Center testified, that any suggestion that formers members of the Diocese of South Carolina choosing to remain loyal to the Episcopal Church were discriminated against by the camp was untrue. According to Bob Lawrence all of those remaining under the national church, clergy and laity, continue to receive the same special discount as do members of the diocese under Mark Lawrence.

Nancy Wallace a twenty one year staff member who serves as assistant treasurer for the diocese provided extensive documentation showing the national church contributed only eighty cents for every hundred dollars.

The fireworks which later erupted occurred during national church lawyer Mary Kostel’s cross examination of Diocesan Chancellor Wade Logan. The issue came during his testimony concerning Title IV Discipline charges placed against Bishop Lawrence and how the national church violated its own policies. In presenting the objection Ms. Kostel violated the judges warning and instructions which earned her a stinging rebuke. The intensity of the exchange led the judge to call a recess instructing Ms. Kostel to meet with South Carolina colleague Baron Holmes for instructions on South Carolina legal procedure. In spite of some fanciful accounts from sources who were not present in the courtroom many lawyers who were present believed the rebuke was warranted. They also note that in spite of this they retain great respect and high regard for the abilities of Ms. Kostel.

The court ended early today due to a conflict in Judge Goodstein’s schedule. Bishop Mark Lawrence is scheduled to testify Friday morning.

Source

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