As an addendum, I would like to make a couple notes.
First, I should state that there are aspects of the case and testimonies that I have not highlighted that may deserve further scrutiny and there are some details I have examined and/or questioned about which I could be wrong. When trying to see one’s way through such a convoluted situation as this case presents, that is natural.
My second note, here, is precisely along those lines. I had stated that it is my conclusion that then-Archimandrite Arseny perjured himself. I have since learned (through a lawyer-friend) that lying under oath and perjury are a little like squares and rectangles. Just as all squares are rectangles but not all rectangles are squares, so all perjuries are lies under oath but not all lies under oath are perjuries. To perjure oneself, one has to make a statement that can be proven false and that can be shown known to be false by the person under oath. Further, that lie has to be material to the case at hand. The first criterion is fulfilled in this case. Fr. Arseny knew he had a son and lied about it. The second criterion does not seem fulfilled since the question would have to be material to the alleged libel published in Svoboda. Svoboda published an article on the alleged rape, not on Arseny’s prior life in Russia. At the very least, it would take some proof and arguing to show how the questions concerning +Arseny’s life in Russia prior to coming to America were material to the alleged rape.
In light of this legal clarification, I must state that it seems to me that Archbishop Arseny likely did not perjure himself even though he did lie under oath.
The clarification doesn’t make me feel a whole lot better about +Arseny’s testimony, as he still lied, but I think this is an important clarification to note.
Anyhow, as I have already noted, there is more work to do and the evidence concerning +Arseny’s rape of Mary Krinitsky is inconclusive. May the OCA in Canada address all of this with due diligence and prudence.
Fr. Oliver Herbel, Executive Director
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