The suit brought in the Montgomery County Court by David Moyer, former Rector of Good Shepherd Church, Rosemont, against the Diocese of Pennsylvania and Bishop Charles Bennison was dismissed today following the entry of a jury verdict in favor of the Bishop and the Diocese. The trial began on Monday and continued through Wednesday. After closing arguments by counsel this morning, the case went to the jury and the verdict was announced at about 2:45.
The Standing Committee is pleased with the verdict returned in the Montgomery County Court. We never believed that there was any legal or factual basis for the suit, and we are gratified by the jury verdict. We would also like to express our appreciation for the fine work of our attorney, Mary Kohart of Drinker Biddle, who has worked tirelessly on our behalf.
I think the real value of this case is that it was tried in the court of public opinion, with fully five days of newspaper stories about a church that kept on a bishop who couldn’t testify to the bodily resurrection of Jesus. Surely that should send chills down the spines of orthodox Christians in all denominations. It is a cautionary tale. Slightly off thread, I am curious about another matter, though…the lack of postings of the Inquirer stories of this trial on TitusOneNine. I have wondered to myself if this forum is as open to Continuing Anglican struggles with TEC as it used to be, and if the site is under some sort of duress (perhaps along with the rest of the South Carolina diocese). There seems no better place than this story to bring this up since it is perhaps illustrative.
I’m glad to hear about the Inquirer’s coverage of the trial.
But Kendall under duress? I don’t believe it.
Of Drinker Biddle? Oh that is just too rich and funny to believe.
Larry
As Father Moyer’s former Curate, my heart goes out to him and Rita through this trial. But I think getting a fair jury trial in the USA over religious matter, especially when we expect the secular jury to think theologically or religiously, is pretty tough. Other than cases concerning tangible lproperty, I was afraid this case and others like it are lost from the beginning.
“Drinker, Biddle” are two old Philly family names – the firm used to have several others attached as well.
Irenaeus: It’s not a duress, it’s a cassock. L
StJohnsRector [#4], the fashion in law firms seems to be to drop all but the first two names (and sometimes all but the first name, following a British fashion).
Here are a number of the Inquirer links. Moyer’s testimony is particularly moving.
http://www.philly.com/philly/news/local/32162844.html
http://www.philly.com/philly/news/local/32761009.html
http://www.philly.com/philly/hp/news_update/20081023_Bishop_Bennisons_defense_rests_case.html
http://www.philly.com/philly/news/local/31521804.html
From the main posting: “After closing arguments by counsel this morning, the case went to the jury and the verdict was announced at about 2:45. ”
That means the jury likely took no time at all to find in favor of +Bennison. Assuming court started at 9 am per the judge’s order as reported in the Inquirer story, then closing arguments probably weren’t over until 10:30 am or so. (Moyer’s lawyer would have gone first, then Bennison’s, then Moyer’s lawyer would have the last shot.) After that, the judge had to give jury instructions, and the jury had to organize itself and appoint a foreman. We can assume that took them up to lunch time. If the verdict was announced at 2:45 pm, the jury spent maybe an hour or two reviewing the witness testimony, perhaps looking at some documentary exhibits, and deliberating.
At long last, courts are getting it right.