January 10, 2011

Thomas More Society Presses for Answers in Notre Dame 88 Case



      Thomas More Society Presses for Answers in Notre Dame 88 Case

This week in St. Joseph County Criminal Court, the Thomas More Society filed a motion to compel answers in a pretrial deposition of a former University of Notre Dame official in the case of the 88 pro-life demonstrators who were arrested on the University's campus before the 2009 Commencement ceremonies as they protested the honoring of President Barack Obama. Thomas More Society special counsel Thomas Dixon will soon present the motion to compel former associate vice president of residence life before Chief Judge Michael Scopelitis, who may take it under advisement or rule from the bench.

"We believe that the questions Mr. Kirk has declined to answer are pertinent to the case of the ND 88," said Thomas Brejcha, president and chief counsel of the Chicago-based Thomas More Society. "No lawful basis was given for Kirk's declining to answer specific questions, and no attorney-client privilege or privilege against self-incrimination was invoked."

Among the questions Kirk declined to answer are:

  • Nature of his employment relationship with the University
     
  • Reason why Kirk was fired from his position of Associate Vice President for Residence Life
     
  • Whether declining to answer specific inquiries relates to a severance agreement of its terms
     
  • Nature of and participants in a security committee former prior to the 2009 commencement
     
  • Type of guidance Kirk provided to the University's president prior to President Obama's visit at Notre Dame
     
  • Whether or not Notre Dame and its police officers treated other demonstrators similarly or differently than the "ND 88"
"If the prosecution of these courageous pro-lifers must continue, then we believe that the ND 88 deserve answers to these questions," said Brejcha.

The full list of issues in question can be found here. The text of pertinent sections of Kirk's deposition can be found here.

Contact:
Stephanie Lewis
Source: Thomas More Society
Publish Date: January 7, 2011