For Immediate Release
Contact: Joe Giganti, 703-928-9695, Joe@GigantiHQ.com

Chicago, Ill.,—In a major ruling—which ultimately could prove decisive for the defense—St. Joseph County, Ind., Superior Court Chief Judge Michael P. Scopelitis lifted a stay order that barred lead defense attorney Tom Dixon from pursuing discovery from Notre Dame officials. Dixon represents the 88 pro-lifers who peacefully assembled against the Catholic university’s decision to honor the vehemently pro-abortion President Barack Obama. By allowing discovery, Judge Scopelitis authorizes Dixon to pursue testimony under oath from said officials who were key decision makers in the arrest of the ND88. It will also allow him to subpoena documents that may shed light on the college’s apparent inconsistency regarding the arrest and prosecution of other groups and individuals participating in similar on-campus events.

Judge Scopelitis, the judge in the trial of the ND 88, has lifted the stay of discovery in the case. The ND 88 are the pro-life activists arrested for walking on the property of the University of Notre Dame in protest of the school's honoring of President Barack Obama in May of 2009.

This leaves lead attorney Tom Dixon free to pursue depositions and find out more about the events that lead to the arrest of the ND88. Read the Notice of Deposition to see what Tom is seeking to find out, including:

For Immediate Release:
CONTACT: Joe Giganti, 703-928-9695

April 1, 2010 Joe.GigantiHQ@com

Judge Scopelitis' ruling confirms that evidence of defense is fact-based; does not speak to merits of ND88's legal defense

Chicago, Ill.—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.

Monica Miller, longtime pro-life activist and head of Citizens for a Pro-Life Society was a dear friend of activist Linda Schmidt, one of the ND 88 who died of cancer earlier this week. You can read Monica’s last letter to Linda after the break, a touching testament to Linda’s commitment to the pro-life cause. It has been requested that condolences and Mass cards to be sent to:

Larry Schmidt
9035 Mount Vernon Avenue
Milwaukee, WI 53226

May Linda’s soul and all the souls of the faithful departed, through the mercies of God rest in peace.

TMS renews call for Notre Dame President Fr. Jenkins to prefer human rights to property rights and ask the prosecutor to drop all charges against the ND 88

Chicago, Ill.—Tom Brejcha, president and chief counsel of Chicago's Thomas More Society—the national public interest law firm whose legal team is defending the Notre Dame 88—is sad to report the death of ND88 client Linda Schmidt who died after a courageous battle with terminal cancer.

"It is with a heavy heart that we report that Linda Schmidt died early last night. While she will be missed by her family and loved ones, as a woman of tremendous faith she will no doubt spend eternity with our Lord," stated Brejcha. "But our grief at losing this dedicated pro-life heroine is greater given the grim truth that she lived her final days under this cloud of criminal charges instigated by Notre Dame, which remained pending even as she departed this life."

G. Gordon Liddy/Joe Giganti listeners. Do you want to help FREE THE ND 88: click here for few simple ways to show your support.

Thomas Dixon, the attorney representing the "ND 88" appeared on the G. Gordon Liddy Radio Show this afternoon. Dixon discussed the current status of the case with Joe Giganti who is guest hosting the show today. Liddy is on leave from the show following the passing of his wife, France Purcell Liddy, who passed away on February 5, 2010.

Fr. Jenkins, president of Notre Dame who joined the Notre Dame delegation to the March for Life, held last Friday in Washington, D.C., came face to face with large banners urging him to “Free the ND88″ and many thousands of leaflets also calling out for his taking steps to end criminal prosecutions of the “ND88.”

Pro-Choice President at a Catholic University

These are 88 pro-lifers who peaceably bore witness to the sanctity of life last May, 2009, by entering upon Notre Dame’s famous campus just outside South Bend, Indiana, in a solemn, prayerful procession intended to counterbalance the anti-life message bound up with this Catholic university’s decision to invite pro-abortion president Obama to give the Commencement address to graduating students last May.

Indiana attorney Tom Dixon, who represents the “Notre Dame 88,” just learned that Judge Jenny Pitts Manier has formally accused him of violations of Indiana lawyer disciplinary rules, because he argued that she should “recuse” or remove herself from the cases. Dixon argued that a reasonable person may view the judge as biased against the “ND 88,” due to the judge’s husband having financial ties to Notre Dame, where he is a noted emeritus professor and outspoken opponent of Catholic teaching on human sexuality.

After briefing and argument in the Trial Court, Judge Manier denied the initial request for recusal, but agreed with the ND 88 attorneys that the issue should be certified for immediate consideration by the Indiana Court of Appeals. After the appeal was underway but before it was decided, Manier reversed her earlier decision and recused herself.

Details to follow as we learn more...

Judge Jenny Pitts Manier, the judge who was hearing the case against the “ND 88,” the 88 pro-lifers who were arrested while protesting President Obama’s scandalous appearance at the University of Notre Dame in May, 2009, recused herself and removed herself from the case due to a conflict of interest. You can read the whole story in the TMS press release on the story. Below you’ll find a list of media coverage of this breaking story. This post will be updated as more stories become available.

Thomas More Society Press Release:

For Immediate Release

Contact: Tom Ciesielka, 312-422-1333, tc@tcpr.net

Pro-Life Defendants Had Argued That Judge ‘Reasonably’ Appeared To Be Biased

January 11, 2010 (Notre Dame, Ind.)—In the ongoing case involving 88 pro-life demonstrators arrested at the University of Notre Dame in the days leading up to (and in some cases during) President Barack Obama’s commencement speech and receipt of an honorary degree, the assigned trial judge has recused herself just days after defense attorneys filed an appeal from her earlier ruling, denying recusal.