JANE DOE V. WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC.
JURY TRIAL - JUNE 14, 2012 - DAY 10
CLOSING ARGUMENT BY MR. SCHNACK for WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC.
MR. SCHNACK: Ladies and Gentlemen of the jury, the judge has instructed you that it is your choice to award or not to award punitive damages. You have been read the instruction and you have seen it there.
Does Watchtower need to be punished? The policies of Watchtower continue to evolve. You heard Monica Applewhite testify that Watchtower has published articles and educational materials for parents, for its church members starting in the 1970s and into the '80s and it continues up to the present day.
Those materials were in the forefront of educational materials for parents and for members in this regard.
Plaintiff's counsel has made a lot of the July 1, 1989 letter. Indeed, that's what he referred here to today. However, you also heard Mr. Shuster testify that that was never the last word. It wasn't the be-all end-all on policies.
So let me just briefly go through a few of the other All Bodies of Elders Letters that were in evidence before you today.
Remember the March 23, 1992 letter? Several references there that the elders in the congregation should be conscious of victims of abuse, treat them with thoroughness and kindness, that you should be tenderly compassionate to them.
It also says in that same letter:
"If a current case of child abuse comes to light in the congregation, the elders should do what they can to protect the children from further abuse. These policies are evolving as we go forward."
In evidence was the August 1, 1995 letter. There it says:
"Steps should be taken to protect the child or other children from further sexual abuse once abuse became apparent."
The elders, too, wanted to act -- should act in a way that demonstrates their protective care since the word "overseer" as that's used within the church, carries the thought of one who watches over in guarding and shepherding the flock.
In that same letter, the August 1, 1995 letter that you had in evidence and that you had in the room with you, it also says on the first page that:
"It would be appropriate to talk very frankly with the abuser that he should never be in the presence of a child without another adult being present."
And just one last one here this morning. The March 14, 1997 All Bodies of Elders Letter that was before you. That addressed the issue of when a member moves from one congregation to another. And if that member is known to be a child molester, that letter directed the elders in the local congregations to:
"Outline his background, including any needs for cautions that should be provided to the body of elders."
That letter would be presented to the congregation to which that person would move. And so, again, that's taking steps to help prevent child abuse.
Mr. Shuster also testified, when he was up on the stand, that the church has a long history, since he has been an elder, since '79, that child abusers cannot be appointed to serve as elders, as ministerial servants or pioneers.
That was reiterated in the March 14, 1997 that I just referenced.
The policy of Watchtower has continued to emerge on a case-by-case basis in which the Service Department elders sent letters to the local congregations, to the local elders to strongly warn, if they have a known child abuser within their congregation, that he should not be alone with children, and how the elders can deal with that if the member that is an abuser violates those instructions.
Now, I have no doubt that your verdict yesterday has already sent a message to Watchtower, and we will soon see another All Bodies of Elders Letter addressing the very issues that were raised.
One thing I would ask you to keep in mind.
The Jehovah's Witnesses Church is not the Catholic Church, that it has had verdict after verdict after verdict over the years. It's been in the press. We are all aware of it. This is the first verdict that the Jehovah's Witnesses church has faced. So, again, it is not the Catholic Church with multitudes of cases over a couple of decades.
We have been on the telephone, both last night and early this morning, speaking with the managing directors of Watchtower and the elders in the -
MR. SIMONS: I'm going to object, your Honor. It is not evidence.
THE COURT: Well, it is argument. But, counsel, why don't you go forward for a minute to make sure it is legit.
MR. SCHNACK: Your Honor, I didn't interrupt his argument.
THE COURT: Understood.
MR. SCHNACK: As I mentioned, we were on the phone to managing directors of Watchtower and to the elders in the Service Department. And I can tell you they are stunned by the verdict. Again, I mentioned, it is the first one. And it's, indeed, the first one we are all aware of that has ever found liability on a congregation in a church based on a congregation member causing harm to the child of another member.
However, I sincerely believe, and I put this to you, that Watchtower does not need to be punished by another monetary award.
Why is that?
Ms. Conti said she wanted to change policies. That's why she brought this suit. And we feel bad for Ms. Conti. But I can assure you, and I can assure her, that Watchtower's policies continue to evolve. And I can safely say that, with her verdict yesterday, Ms. Conti has succeeded. I encourage you to award no punitive damages in this case.
Again, I thank you for your service, for your time and your attention.
Thank you, your Honor.