Judge Scopelitis' ruling confirms that evidence of defense is fact-based; does not speak to merits of ND88's legal defense
CHICAGO, April 1 /Christian Newswire/ -- The Thomas More Society announced today that their motion to dismiss filed in St. Joseph County Superior Court has been denied by Judge Scopelitis. In light of the recent death of Linda Schmidt from terminal cancer and the mounting serious health complications and personal challenges experienced by several members of the ND88, the Thomas More Society continues to explore every legal opportunity to bring relief to these peaceful pro-lifers. This includes petitioning the Rev. John I. Jenkins, C.S.C, president of Notre Dame, to request that the charges be dropped.
"We understand Judge Scopelitis' ruling to have been a strict application of a procedural rule, and we respect that decision. However, he did not rule on the merits of our legal defenses or our constitutional challenges to the validity of the charges. As such, we fully plan on presenting a vigorous defense of these prayerful individuals who bravely stood in defense of the Catholic Church's pro-life teachings," said Tom Dixon, lead attorney for the ND88, and a Notre Dame Law alumnus. In denying the motion to dismiss, "Judge Scopelitis confirmed that the evidence related to our defenses is fact-based. It is important to differentiate, though, that this decision does not speak to the merits of our legal defense, which we look forward to presenting after we have had the opportunity to conduct and complete discovery," Dixon added.
"We are honored to represent these brave Americans, but the speedy dismissal of these charges does not only benefit our clients," observed Peter Breen, TMS executive director and legal counsel, who is also a Notre Dame alumnus. "In these tough economic times--as we see state, city and personal budgets tested to their limits-- such a dismissal would benefit the residents of St. Joseph County and the already-overburdened judiciary. Fr. Jenkins obstinance in refusing to ask that these charges be dropped is saddling St. Joseph County taxpayers with the considerable costs related to this case and unnecessarily bogging down the courts."
