Candace Conti - Preparing For The Appeal

by Joe Grundy 33 Replies latest watchtower child-abuse

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  smiddy

  What you may want to think about is, if ANYONE is giving leading questions on this site, and or answers, and or gives information on strategy, it will be noted here by the WTS (without question they look here) and will help them cover their ass.

  Though this Atty has a huge network of experts, I'm sure any little info is appreciated. Best thing to do is contact the Atty directly if you have any suggestions.

  Be careful of the amo you are giving the WTS on a public boards.

  I think what mind blown says here is very true , we dont want to tip our hand do we

  smiddy
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  soft+gentle

  smiddy

  Though this Atty has a huge network of experts, I'm sure any little info is appreciated. Best thing to do is contact the Atty directly if you have any suggestions.

  smiddy I understand your zeal and feel the same myself but we need to think carefully before we start contacting the attorney. How many secretaries is he going to need to sift through our well intended suggestions from worldwide? as botr has mentioned they are not looking for new info or more info as the appeal process will be based entirely upon the case papers and legal issues raised therein.

  but something constructive that we can do is this

  This case will be decided by the CA appellate courts. We could do much to support a national trend, however, by writing letters to the editor, opinion pieces, calling in to topical talk shows, etc. I wonder if the Roman Catholic groups would embrace us since we have common cause
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  mind blown

  Both sides will have to file a brief and have a chance for additional oral argument to drive points home.

  SoftnGentle .....smiddy was not suggesting to call the atty. He said...." I think what mind blown says here is very true, we don't want to tip our hand do we". Did smiddy suggest otherwise to you in a PM? Did you mis read or are you trying to make a point via smiddy?

  If anyone has additional info that can hit arguments out of the ball park regarding the WTS being liable, you can contact the atty. Make sure it's something that had not already been covered, (u have the court docs to look at) that way the atty is not overwhelmed with emails as softNgentle suggested. I've been told it's ok.

  I personally think sometimes we give the WTS too much information that gives them more amo. It seems we have discussions here and before i know it, it comes out in a WT. Call me paranoid........
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  jemba

  Youre a sweetie Joe. You have a good heart.
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  MidwichCuckoo

  And here is a genuine offer (I don't make less than genuine ones): I'd be happy to travel to CA and assist Candace's team (my expense) if it would help.

  Blimey Joe - a fabulous offer! (Curious - are you Welsh?)
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  truth_b_known

  I've been in law enforcement for 14+ years, now, and the first 7 of those were as an active Jehovah's Witness. I witnessed first hand elders dodging investigators of child abuse and subpoenas to testify in trial. It pissed me off then and was one of the many reasons I got out.

  What one must comprehend is what an appeal really is. It is not a new trial. Here's the steps in the appeals process:

  1) Which ever party lost the case (Plaintiff or Defendant) files the appeal with the next higher court, usually a court of appeals.

  2) The party appealing files a "brief", which is a misnomer. A brief is basically, for lack of a better term, an essay outlining why the decision should be overturned.

  3) An appeal must be based on the law and not the facts of the case. An appeal is an allegation against the judge of the court that heard the case. The allegation is that evidence from the losing party should have been admitted and was not or evidence that was admitted by the opposing party was admitted and should not have been.

  4) The appeals court will review the brief and any statutory law or caselaw the party appealing refers to.

  5) The appeals court will review the trial transcripts and the exhibits entered as evidence.

  6) The appeals court will may a ruling based on 4 & 5 as well as additional caselaw that is relevant.
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  james_woods

  I am hoping for a denial of this appeal. I think that there is a really good chance that this is what will happen.

  Unless, of course, some gross legal error was made on the part of the judge or others - which I rather doubt.
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  mind blown

  If one party submits a notice of appeal in the case, any other party in the lawsuit may counter with a notice of appeal.

  If the case reaches an appellate court, the court record will be reviewed by a judge serving as an independent arbitrator to determine whether or not the appeal is justified.
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  JW GoneBad

  truth_be_known here is a question for you. Many of us know that a JW rank and file member who has been judged and d’fd by a JC also has an opportunity to appeal a d'fing decision. With the kangaroo court system that the JW judicial process is, we also know that most appeals do not work for the benefit of the accused and that the elders’ initial decision to disfellowship is almost always upheld.

  I know we’re talking about an entirely different and more professional judicial process here involving Candace Conti vs WT. In your experience, are there any percentages out there that reflect how most appeals turn out in the state of California? In other words are there any percentages out there to show that the appeal will go one way or the other?
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  OutInTheCold

  so, has the appeal happened yet? how did it go?