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ST. GEORGE, SC: Second Week Begins With a Surprise
By Ladson F. Mills III
Special to virtueonline
www.virtueonline.org
July 15, 2014
An anticipated agreement to submit a plan to the judge to stipulate or agree to certain facts that would not be necessary to argue in court in the interest of speeding the trial almost derailed as the second week began. Lawyers representing the Diocese of South Carolina were shocked when Jason Smith a junior attorney for the National Church team attempted to qualify the previously agreed upon plan. This earned him a lesson from Judge Goodstein that stipulation is an agreement of counsel as to what would be testified and not subject to qualification. A recess was required to either clarify the issue or reject agreement.
This is just one example of why trials are so difficult for the non lawyers who attend. It is often impossible to discern the difference between a genuine misunderstanding and a well rehearsed strategy. It seems beyond the realm of credulity that a talented young attorney such as Mr. Smith would make a sophomoric mistake concerning something so routine and causing an added delay to the trial. It is speculated that this is part of the National Church ‘s overall strategy to draw everything out with the knowledge they have access to extensive funds and are better able to absorb the exorbitant cost of extensive litigation. The “litigate till they capitulate” designed by the presiding bishop’s Chancellor David Booth Beers is as much about cost as it about fatigue.
Following the rough start and in spite of the eventual agreement to stipulate certain testimony it was a slow day. Mike Clarkson Rector of Church of Our Saviour, Johns Island proved an excellent witness surprising Mr. Tisdale with testimony that his parish had never disassociated from the national Church since it had never previously been associated with it. The questions then settled in to a well recognized routine with the National Church attempting to reinforce local parish relationship with the national church and the individual parishes attempting to minimize.
In the afternoon National Church lawyer Mary Kostel revealed her frustration with an unduly animated cross examination of St. Michael member Ann Hester Willis. Perhaps it was growing frustration aimed toward Mrs. Willis who is also an attorney.
Unless the pace of the testimony speeds up the national church will most likely not begin presenting its case until Wednesday.
Ladson F. Mills III is a priest with over thirty pastoral experience. He lives with his wife in South Carolina. He currently serves as Scholar in Residence at the Church of Our Saviour, Johns Island. He is a regular contributor to Virtueonline
