The Revd David L Moyer
Files Lawsuit Against
Bishop Charles E. Bennison
Philadelphia, PA |
6 September 2002
Reversal of Deposition and Damages Sought
The Rector of Church of the Good Shepherd, the Rev. Dr. David L. Moyer yesterday filed suit against the Bishop of Pennsylvania, Charles E. Bennison in Montgomery County Court, PA alleging that he committed fraud by saying that he promised Moyer a church trial and then reneged on that promise.
Bennison wrote a letter to Moyer making certain demands on the priest stating that if all those demands were not met, that the priest would become "liable to Presentment and Trial" and then backed down from that promise of a trial.
Such a trial would have vindicated Moyer, said the complaint. Bennison made Moyer promises that he promptly turned around and reneged on, said the complaint.
The complaint argues that Bennison had already determined the outcome and, contrary to the promise made, planned to depose Moyer without trial or appeal.
The complaint alleges that at the time secret documents were drawn up to deny Moyer a presentment and trial as promised in the bishop's letter. One document, prepared by Bennison stated that the Bennison sought "an alternative route [to Depose Moyer] without trial".
The complaint charges that Episcopal Church canons demand a written statement of the charges, a right to counsel, the right to confront witnesses, a fair trial and right of appeal.
Contrary to his promise the Deposition was pronounced by Bennison without presentment, trial and appeal using Canon 10 which was designed to deal with those cases where priests of The Episcopal Church leave The Episcopal Church to become ministers or priests in other denominations, such as the Roman Catholic Church. Under such circumstances, there is normally no need for any trial since the priest is expected to voluntarily renounce his right as a priest of The Episcopal Church.
Moyer has not left The Episcopal Church.
The complaint also charges that Bennison deprived Moyer, (a priest in good standing for over twenty-five years), of all of his rights of priesthood in the Diocese of Pennsylvania; The Episcopal Church and in the entire Anglican Communion. All of this has been accomplished without giving the traditionalist priest any opportunity for a trial to contest the "charges".
The Deposition was fraudulently imposed and invalid, said the complaint. The complaint charges that the Inhibition and Deposition are part of a scheme by Bennison to gain control of the assets of The Church of the Good Shepherd.
The complaint also charges that the Bishop and the Diocesan Standing Committee, as two separate entities, colluded in writing "reports" and "findings". The Standing Committee did not initiate the process, Bennison did, and did so for the sole purpose of injuring Moyer.
The complaint alleges that Bennison showed bad faith by a capricious rejection of the statement of the Presiding Bishop of The Episcopal Church, Frank Griswold who wrote saying the inhibition of Moyer was "utterly unacceptable". The Presiding Bishop wrote two letters, one in March and one in July, condemning Bennison's actions. Bennison has refused to release those letters to Moyer.
The complaint also charges that a priest in the Diocese of Bethlehem, who was accused of sexual abuse was granted a trial and will be granted the right to appeal while Moyer is denied due process. This is both unfair and contrary to canon law.
Bennison took the action knowing that there is no provision in the Canons to deal with a lawless and rogue bishop who deliberately violates and disregards the Canons. Bennison, however, is not above the law.
Moyer is seeking compensatory and punitive damages.
Return to Moyer/Bennison archive
