The former deacon, Jesus Guerrero, 76, has filed a lawsuit that rejected claims he had ever been accused of sex abuse or misconduct. The lawsuit described him as “a faithful servant of God in the Catholic Church his entire life.”
The Diocese of Lubbock released its list Jan. 31, 2019 after the list was compiled by a retired police officer and an attorney. The diocese said Guerrero had been credibly accused of “sexual abuse of a minor.” It reported that he had been permanently removed from ministry in 2008.
The deacon charged that the diocese committed libel and defamation against him. His lawsuit said his reputation was destroyed and he has become the object of contempt and ridicule.
The plaintiff’s brief said he suffered severe anxiety and stress after the diocese listed him as credibly accused of abuse. This stress and anxiety in part led to a stroke, the lawsuit charged. The lawsuit seeks $1 million in damages.
In December 2019 Chief Justice Brian Quinn of the Texas Court of Appeals declined to overturn a lower court’s ruling against the diocese, United Press International reports. Quinn said that while matters of Church discipline are ecclesiastical and outside the jurisdiction of civil courts, the diocese “placed the controversy in the realm of Caesar or the secular world by opting to leave the confines of the church.”
“What we have before us is not an incidental public disclosure of internal church disciplinary matter,” said the judge, who noted the diocese published the list on a public website, issued a news release about the list, and gave media interviews about the list.
According to Quinn, statements from the diocese acknowledge that the issue goes beyond the Church, such as statements like “our dioceses are serious about ending the cycle of abuse in the church and in society at large.”
The lawsuit said that before Guerrero’s name appeared on the list, he “had never been accused of sexual abuse and/or misconduct against a minor, nor had he ever been investigated for any sexual abuse and/or misconduct against a minor.”
His accuser was in her 40s and said Guerrero did not abuse her, his attorney Nick Olguin said, according to United Press International. Two witnesses claimed to have seen Guerrero leaving the same room as the woman while adjusting his clothes. Guerrero denies ever abusing anyone.
After the lawsuit was filed, the Lubbock diocese on April 10, 2019 said the alleged accuser is a person who “habitually lacks the use of reason” and is considered equivalent to a minor under canon law. It said the diocese has “no information of a credible allegation of sexual abuse of a minor below the age of eighteen (18) by Jesus Guerrero.”
“The Diocese of Lubbock has concluded there is a credible allegation against Jesus Guerrero of sexual abuse of a person who habitually lacks the use of reason. The Diocese of Lubbock regrets any misunderstanding that may have arisen from the Jan. 31 posting.”
Olguin questioned whether the woman is a vulnerable adult. In a brief, he said she lives independently and has never been found incompetent, UPI reports. The plaintiff’s brief cited a Catholic spokesperson who in a television interview said a credible allegation means the accused admits to it, the accused is found guilty in court, or someone who witnessed abuse testified about it. Olguin said none of these apply.
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However, in the material accompanying the Lubbock diocese’s January 2019 list, the diocese said a name “only appears on the list if the diocese possesses in its files evidence of a credible allegation.” The diocese said its standard of a credible allegation means that “after review of reasonably available, relevant information in consultation with the Diocesan Review Board or other professionals, there is reason to believe is true.”
With the diocese’s clarification, Olguin argued, “the church continued its assault on Jesus by claiming that he has sexually abused a vulnerable adult without any credible evidence whatsoever.” He said the clarification did not get as much attention as the original list.
In comments to CNA, Olguin said that from the beginning Guerrero wanted an apology.
“We are not saying that the Church has no right to warn it’s members, we are saying that when you go outside the confines of your church and seek out the secular media – you better be right or you will be accountable,” the attorney said.
He said the right thing to do is “to admit that a mistake was made and apologize.”
According to Olguin, “the Diocese of Lubbock told me that they would not apologize and threatened to disparage his name even more if we filed a suit.”