Episcopal Church Lawsuit Faces Discovery Challenges

The Episcopal church’s attorneys are trying to stop third-party depositions in civil cases involving allegations of perjury and spoliation and abuse of process by Robert H. Malm, an Episcopal priest. Malm was previously rector at Grace Episcopal Church, Alexandria Virginia.

Pro se plaintiff Eric J. Bonetti and retired attorney Eric J. Bonetti filed the case in Alexandria Virginia General District Court seeking damages from Malm for allegedly:

• Filing frivolous legal actions against Bonetti.
• Perjury was allegedly committed multiple times in previous litigation. This included falsely claiming Bonetti’s mother, who was then terminally ill, had called Malm repeatedly to schedule appointments.
• Refusing obedience to an order to compel.
• Repeatedly lying during discovery.
• Having repeatedly filed false and malicious police reports, claiming Bonetti had threatened Malm, Bonetti was mentally ill, etc.

Bonetti sought to depose several people involved in the discovery process, including:

• Patti Culbreth is the head of Grace Episcopal School and Malm identified her as a source for information on the matter, despite not having met Bonetti.
• Anne Turner, the current rector, is believed to have discussed this matter with Malm and other church vestry members.
• Bishop Susan Goff, also known as Suffragan Susan Goff is responsible for overseeing Malm under church canons.
• Kelly Gable sent Malm an email alleging that Bonetti had stolen money from a former employer. The email was sent along with 14 others and was not included in discovery during the initial litigation. Malm forwarded it to Bishop Shannon Johnston along with fabrications regarding Bonetti’s time in the church. Gable also failed to follow a prior agreement to respond to questions in lieu de a deposition.
• Lisa Medley, a former senior warden, believes that Bonetti has posted several defamatory statements online under one or multiple pseudonyms. These statements are very similar to Malm’s defamation.

Matthew J. Youssef is a partner in Niles Barton’s firm. He has attempted to stiff-arm discovery by claiming that he doesn’t believe they are relevant to Malm’s claim.

Bonetti says, “In light the fact that Malm’s own attorney introduced Ms Gable’s email into evidence,” Bonetti said. “This includes the reasons it wasn’t produced during the initial litigation.

Bonetti says, “It is deeply ironic that The Episcopal Church claims it respects the dignity of all human beings, but it continues to defend what i submit is egregious sexual abuse.” This is not happening in a vacuum. I have tried to contact every bishop of my denomination regarding this matter, but was ignored. I have not received any explanations from the church about why they think it is OK to ignore church canons that expressly prohibit clergy from engaging in conduct that involves ‘dishonesty’, fraud or deceit, as well as to conduct unbecoming.

“Thus it is ironic that even though the church has completed six weeks of Lent (a time of reflection and repentance), it has not repented of anything.

“The church has not yet explained why it is trying to prevent discovery if there is nothing to hide. If its hands are clean, then why wouldn’t it welcome the chance to prove that this is true?

The Church Pension Group, the church’s captive insurance carrier, is paying for Malm’s defense as well as that of third-party deponents. Wayne Cyron, an Alexandria attorney, represents Malm. He is accused of making various fabrications to the courts. For example, claiming that Bonetti posted online under the names and siblings of Bonetti.

Brian Bonetti, Bonetti’s only sibling, passed away many years ago.

Bonetti had previously offered mediation, but the denomination declined it.

Bonetti, a retired lawyer and one of the first heterosexual couples to marry in The Episcopal Church, is also a former attorney. Mike and he have left the Episcopal Church due to Malm’s misconduct, and the church’s refusal of honoring its canons on clergy discipline.

Malm, who was a rector at Grace Episcopal Alexandria, retired in 2019. He is currently interim rector at Saint Peter’s Episcopal Church-on-the-Canal Buzzards Bay MA. This declining church can no longer afford a full-time rector.

Media contact:

Eric J. Bonetti
202-650-0942
eric.bonetti@protonmail.com

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