Complications arise in Kansas City case against bishop over deposition transcripts
In a recent case against a Kansas City Catholic bishop, controversy has risen over one witness's deposition transcript and her request to clarify a statement she made, according to the Kansas City Star.
Julie Creech, the computer systems manager at the Diocese of Kansas City-St.Joseph, was brought in to testify on her encounter with Bishop Robert Finn after she found "lewd photographs of young girls" on the Reverend Shawn Ratigan's laptop.
According to Creech, when she confronted the Bishop about these photographs, he said, "Sometimes boys will be boys," according to the deposition transcripts.
But, according to her lawyer John Gromowsky, Creech was mistaken and "hoped to acknowledge and correct her mistaken testimony." This notion was granted with seemingly little wiggle room, according to the source.
John Osgood, a former federal prosecutor who is now a criminal defense lawyer, told the source that the correction of deposition transcripts are usually limited to smaller issues such as punctuation, grammar or if the court reporter heard something incorrectly. It is not normally customary for an individual to clarify or change the transcript.
"She can't say, 'I want to clarify the deposition or change the deposition,'" said Osgood.
But, if Creech does take the correct measures to clarify or submit to more deposition questions, according to the source, it could create a "prior inconsistent statement," which makes her an easy target as a less than credible witness.
It's clear that having the most accurate deposition transcripts is critical to a case. If lawyers wish to create a detailed account of any depositions or proceedings, they may want to partner with Wisconsin court reporters who also offer video deposition services.
By using both conventional court reporting and video services, investigators and lawyers will have a comprehensive account of exactly who said what.
