Judge Goodstein further made it clear that she had an email which convinced her this was part of a tactic by the defendant national church to delay the trial . She was very specific with TEC lawyers that they and they alone were responsible for Mr. Klein not being allowed to testify. Mr. Klein from Boston is known as the “Million Dollar Man” in reference to the purported amount he is paid for his expert testimony.

The national church had better luck with Leslie Lott an expert in trademark law from Florida. In spite of a spirited cross examination from Diocese of South Carolina lawyers she maintained her composure and remained focused on her area of expertise. She testified that in her opinion retaining the name “Episcopal” is an infringement on the Episcopal Church.

A major weakness in her argument was exposed when responding to a question from Mr. Runyan if this would include “ The Reformed Episcopal Church.” Apparently unaware that the Reformed Episcopal Church has been a separate denomination since 1873 ,Ms. Lott stated with confident certainty that by the use of the name “Episcopal” could be considered infringing.

Mark Philips representing St. Philips in Charleston was able to introduce documentation that having been founded in 1680 as an Anglican parish and receiving its charter from the State’s General Assembly in 1785 that “Episcopal” in its official name preceded the Episcopal Church.

The day ended with Mrs. Eleanor Koets testifying of her experience as one who remained affiliated with the national church while her former parish left.

Among those scheduled to testify on Friday include noted South Carolina historian and retired University of South Carolina professor Dr. Walter Edgar.

Ladson F. Mills III is a retired priest with over thirty years pastoral experience. He is retired and 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

*****

DAY EIGHT: DIOCESE OF SC v. THE EPISCOPAL CHURCH – FIREWORKS IN THE COURTROOM
Judge Scolds TEC for Trying to Sneak “Expert Witnesses” into Trial Without Meeting Court’s Deadlines, Violating Rules of Law

Diocesan News Release

ST. GEORGE, SC, JULY 17, 2014 –A normally unflappable South Carolina Circuit Court judge stopped the trial initiated by the Diocese of SC to prevent the seizure of local diocesan and parish property, to scold the defendants for their intentional disregard of three court orders dealing with disclosure of expert witnesses. The defendants, the Episcopal Church (TEC) and The Episcopal Church in South Carolina (TECSC) tried to present an expert witness, Robert Klein, into the trial without having followed court’s orders.

After reminding TEC attorneys that she had bent over backwards to provide them ample opportunity to identify expert witnesses, Judge Diane S. Goodstein said, “You have violated this court three times with regard to experts and now you think you’re going to bring in his (Klein) testimony through the back door? This is not a game! Court’s orders are to be followed! You are an officer of the court. I trust we will not have any more discussion about this witness.”

Goodstein then asked the TEC counselor when Klein was hired as an expert witness. The defense attorney admitted they had communicated with Klein prior to the last court order in June. Judge Goodstein, waving a sheet of paper without Klein’s name on it, said it was “unbelievable,” “remarkable” that his name was not on it and therefore ruled Klein’s testimony excluded. Further, Goodstein said she believed the many efforts to postpone and delay the proceedings of the trial had been a tactical decision by the defendants.

Attorneys for the defense argued at length about the propriety of excluding their witness and threatened to appeal her ruling. Goodstein finally ended the discussion by saying, “I want the courts to assume that I have done what I have done because the defendants failed to comply with not one, not two but three of this court’s orders.”
After the judge’s scolding, TEC presented another expert witness, Leslie Lott, a trademark attorney from Coral Gables, Fla., who had a portion of her testimony excluded because she had based her opinions on the work of Klein, the earlier excluded witness.

Lott was ill prepared to testify because the defendants had only provided her with their side of the case. She had been given no information, factual or legal, about the plaintiff, Diocese of South Carolina. It was apparent through cross examination that Lott’s defense attorney had only presented their side so that she could not render an informed opinion and she simply lacked the necessary information to testify credibly.

Her testimony was interrupted when an irritated Judge Goodstein adjourned for lunch after she realized during cross-examination that Lott had not brought her documents to court.

The other witnesses were parish witnesses who had left and formed other churches, and are now part of TECSC. Each witness testified that proper notice had been given to the congregation to vote as to whether their church remained with the Diocese of South Carolina or go with TEC and its newly formed TECSC.

END