"And tell me, Mr. Connor, why St. John Chrysostom Antiochian Church doesn't want Fr. Isaac to have this money (a severance package unanimously passed by the former parish council)?" 

Judge Stanley A. Levine looked quizzically at Timothy Connor, Esq. representing the "Interim Committee" appointed by Bishop Mark of Toledo of the Antiochian Orthodox Archdiocese.

Connor's argument basically was that the former parish council (dismissed by Mark in July) might have standing, and might have had the right to pass the severance package, but couldn't argue the cause on behalf of a priest who wasn't present and had been defaulted from the civil action for his absence and silence.

The priest in question, Fr. Isaac Henke, was suspended by the Archdiocese in July after serving 6 years at St. John's in Fort Wayne.  He has not appeared in court since the inception of the case in September.  Henke has allegedly been threatened by church hierarchy with laicizing (defrocking) if he were to accept the severance package.  He remains unemployed, and has been seeking work for 6 months.

The former parish council had placed the severance funds in escrow with local attorney Karl Veracco of Carson Boxberger, LLP after they learned of a conspiracy by a few wealthy laity and Antiochian hierarchs to exile the priest to a tiny parish in Northern Wisconsin at a fraction of his previous compensation in 2005.  Their respectful attempts to dissuade the Antiochian hierarchy from unjustly punishing the priest were completely ignored, so the former council took steps to provide for the health insurance and immediate needs of the priest once he was removed.

On the advice of his bishop, Henke asked for a canonical release from the archdiocese and was denied, suspended and put on penance.  Bishop Mark disbanded the parish council over a letter they had published nationally describing the events.

That council was replaced with a hand-picked committee who called attorney Veracco demanding the severance funds back.  The attorney then filed an interpleader asking the Allen County Superior court to accept the funds and decide their disposition.

"Most of the pious Orthodox Christians inside and outside the AOA are shocked when they hear of this callous treatment of ordained clergy.  For years, every June Metropolitan Philip shuffles priests around the country like they are so many chess pieces, with little regard for their families, parishes or communities" said John Pappas, Chairman of Concerned Orthodox Christian Alliance, an Orthodox priest benevolence society.

"In this situation, the only reason this matter is in the courts is because the Antiochian Archdiocese will not allow the local lay leadership to fairly compensate its priest for his years of hard work.  Moreover, the net effect of their refusal to canonically release the priest so that he might serve God elsewhere coupled with their actions on the severance package can only mean one thing: they wish to starve the priest and his family for some unknown, warped reason."

Evidently, publicity of these actions are having a deleterious effect on Metropolitan Philip's "teflon" reputation.  The past three issues of the monthly archdiocesan magazine "Word" had featured cover photos of Philip, and flattering articles about his treatment of priests, "which are so gratuitous they make even Philip's apologists blush."

"Philip's had two biographies written about him already; I think a third is on the way" says Pappas.  "I hope the biographer will interview all of the priests Met. Philip has suspended, laicized, put on loan for eternity or refused to release during the past 20 years.  And I hope, as he sits in his Florida mansion once again this winter, that he thinks about all those priests who have suffered under his dominion in America and the faith of some of the flock who are aghast at the inhumanity they have witnessed.  It's a shame that this will be his legacy, but actions speak louder than words."

Back in the courtroom, Judge Levine heard the extensive rebuttal  from COCA attorney Alan VerPlanck of Eilbacher Fletcher, LLP, followed by the closing argument from the Antiochians, and ruled, "Motion to dismiss.............DENIED."

Depositions will take place in April and the trial will be in June.