WATCHTOWER loses in court!

by Nathan Natas 126 Replies latest watchtower child-abuse

  • Lady Liberty
    Lady Liberty

    Dea Pseaudo,

    Thank you for all this hard work. Wasn't the "BIG ANNOUNCEMENT" supposed to have taken place on the 16th of this month?? TO my knowlege, there was no "Big Announcement"...or WAS there?? Check out the date on the bottom of the court ruling. Perhaps the Big Announcement was not from within but that they knew it was most likely going to be the outcome. Just a thought...anyone else have any comments??

    Sincerely,

    Lady Liberty (See Below Document)

    SUPERIOR COURT FOR THE STATE OF CALIFORNIA

    COUNTY OF NAPA

    CHARISSA W., et al., |
    |
    Plaintiffs, |
    |
    v. | Case No.: 26-22191
    | JCCP No. 4374
    WATCHTOWER BIBLE AND TRACT |
    SOCIETY OF NEW YORK, et al. | RULING ON SUBMITTED
    | DISCOVERY MOTIONS
    |
    Defendants. |
    ____________________________________|

    Plaintiffs’ Motions To Compel Discovery came on for hearing on October 13, 2006. The

    court, having read and considered the papers in support of and in opposition to the motion and

    having heard oral argument, took the motions under submission and now rules as follows:

    Plaintiffs’ Motion to Compel Depositions and/or Protective Order re: the Woodland
    Elders (Motion #1)

    The Watchtower defendants have informed the plaintiffs that, at the depositions of four

    Church Elders, they will invoke the clergy-penitent privilege and object to "any inquiries

    concerning judicial investigations and judicial committees." Plaintiffs seek and order compelling

    the deponents to attend their depositions and to respond to such inquiries.

    26-22191

    1

    This court has previously ruled in the Track 1 cases that the penitential communication

    privilege does not apply to communications between the alleged abusers and the Judicial

    Committee. (See Court’s ruling of September 29, 2005.) Although that ruling is not res judicata

    in non-track 1 cases, defendants provide no convincing reason why the court should rule

    differently in this case. For the reasons expressed in the earlier ruling, the court concludes that

    the witnesses may not assert the penitential communication privilege. To the extent the motion

    also encompasses the production of documents, defendants shall produce responsive documents,

    regardless of when they are dated. As plaintiffs note, it is possible that documents dated after the

    alleged abuse will contain relevant information. For these reasons, plaintiffs’ motion #1 is

    GRANTED.

    Plaintiffs’ Motion to Compel PMK Deposition and Documents - General
    (Motion #2)

    Plaintiffs have noticed the deposition of the Church defendants’ Person(s) Most

    Knowledgeable (PMK) on a number of specified topics. Defendants have objected to six areas

    of inquiry, again invoking the clergy-penitent privilege. For the reasons discussed above and in

    the court’s earlier ruling, the court finds that the clergy-penitent privilege does not apply to these

    documents that post-date the alleged abuse are not relevant or likely to lead to the discovery of

    admissible evidence. As above, the court finds that the documents are discoverable. For these

    reasons, plaintiffs’ motion #2 is GRANTED.

    Plaintiff’s Motion to Compel PMK Deposition and Documents - Legal
    (Motion #3)

    Plaintiffs previously issued a PMK deposition notice concerning "any and all policies that

    the Jehovah’s Witnesses organization had for handling accusations and proof of child sexual

    abuse from 1970 to the present." During that PMK deposition of Mr. Breaux, he identified

    functions that were handled by the Legal Department rather than by the Service Department,

    where he worked. As to these, he lacked the information necessary to provide responses.

    Plaintiffs subsequently noticed a PMK deposition to inquire into (1) the organization,

    staffing and operation of the Legal Department; (2) the Legal Department’s role in responding to

    26-22191

    2

    and investigating child sexual abuse allegations within the organization; (3) the development and

    use of "Child Abuse Telememos" which were forms developed to obtain and record information

    concerning reports of abuse (blank forms were produced in discovery); (4) records kept by or

    under the direction of the Legal Department concerning allegations of abuse; and (5) answers

    given to "survey questions" contained on one of the Telememos.

    Defendants have objected that these areas of inquiry are protected by the attorney-client

    and/or work product privileges. As to the first two categories, plaintiffs contend that they

    concern only policies and implementation, and do not invade any privileges. As to categories 3

    and 5, they assert only that the requested information is related to the blank documents they

    already received in discovery, and that the information goes to the blank documents they

    already received in discovery, and that the information goes to the heart of their case. Finally, as

    to category 4, they claim again, that no privileges would be invaded, because they seek general

    information about the types of records kept by the legal department.

    The court agrees that items 1, 2 and 4, which seek general structural, policy and

    organizational information concerning the Legal Department, implicate neither the attorney-

    client nor the work product privileges. Items 3 and 5, on the other hand, seek protected

    information. As set forth in the declaration of the Church’s associate general counsel, the

    Telememo forms are completed by attorneys or legal assistants based upon information provide

    them by congregation elders, and are used to assis in giving legal advice to the elders, as clients

    of the Legal Department. Similarly, any compilation of information, as from the "survey

    questions" constitutes attorney work product and is not discoverable.

    For these reasons, the court will GRANT the motion as to items 1, 2 and 4 and will

    DENY the motion as to items 3 and 5.

    Dated: 10/16/06

    __________________________
    Raymond A. Guadagni, Judge

    26-22191

    3

  • mcsemike
    mcsemike

    Just a few points. If the congregations are destroying records, then let's destroy congregations. Use your imagination. Call the media.

    Secondly, many on Silent Lambs don't know about Freeminds or how much analysis all of us have done concerning this issue. Please visit SL and post a few comments to encourage people. Most of the victims spend much time on the guestbook and they could use all the brain power here for new ideas.

    Didn't Barbara Anderson handle the pedophile database? Maybe she can help in producing "two witnesses". Then the WT will hang by its own rules. I have the feeling that if we don't jump on this for all it's worth, a good opportunity may be lost. The WT is starting to fall. Let's kick it good while it's down and kill it once and for all. Show no mercy, they never did.

  • DannyHaszard
    DannyHaszard

    Just a few points. If the congregations are destroying records, then let's destroy congregations. Use your imagination. Call the media.

    Secondly, many on Silent Lambs don't know about Freeminds or how much analysis all of us have done concerning this issue. Please visit SL and post a few comments to encourage people. Most of the victims spend much time on the guestbook and they could use all the brain power here for new ideas.

    Didn't Barbara Anderson handle the pedophile database? Maybe she can help in producing "two witnesses". Then the WT will hang by its own rules. I have the feeling that if we don't jump on this for all it's worth, a good opportunity may be lost. The WT is starting to fall. Let's kick it good while it's down and kill it once and for all. Show no mercy, they never did.

    Roger that mate! Visit and share www.freeminds.org

  • Swamboozled
  • moshe
    moshe

    The Society will probably send a letter to Congregations telling them that the records might have to be provided to the Courts, " unless they have been lost or accidentally destroyed."

    They will then tell the Elders who later face criminal charges , that the Society did not order them to do anything illegal. The brothers who destroyed the records did this on their own initiative.

  • DannyHaszard
  • DannyHaszard
    DannyHaszard

    Silentlambs ALERT! *A cry for help to all men of conscience in the organization of Jehovah’s Witnesses The recent court rulings in NAPA California have given authorities the right to access congregation judicial files that contain any information that provides evidence of the crime of child abuse. Yesterday silentlambs received a report from California. A Jehovah’s Witness on the internet revealed that “the elders in their family were very angry as they believed their religious rights were being taken away.” They also went on to reveal “the elders were destroying the records in the NAPA Congregations” to stop the judicial system from accessing material that might further convict Jehovah’s Witness child molesters. This is something that silentlambs feels is a very real threat and possibly happening as we speak. The comment above suggests that elders in California are committing criminal acts to protect child molesters. It is defined as obstruction of justice to destroy evidence of criminal behavior. This is verified by the directives in the 1989 body of elder letter that states; “The legal consequences of a breach of confidentiality by the elders can be substantial. If the elders fail to follow the Society's direction carefully in handling confidential matters, such mistakes could result in successful litigation by those offended. Substantial monetary damages could be assessed against the elders or congregation. In some cases where the authorities are involved, certain complications could lead to a fine or imprisonment. These possibilities underscore the need for elders to be discerning and to follow carefully directions provided by the Society.” “At any time an elder is confronted with a search warrant (whether given advance notice or not) , the elder should first ask to read the warrant. After reading it he should ask if he can call for legal guidance and then call the Society's Legal Department. If for some reason the Legal Department cannot be contacted, the elders involved should make every effort to obtain the assistance of a local attorney for the purpose of protecting the confidentiality of the records. It may be impossible to stop determined officers from conducting the search authorized by the warrant. Conscientious elders will want to do all they reasonably and peaceably can to preserve the confidentiality of the congregation in harmony with the principle set out in Acts 5:29. “ “Subpoenas may be issued by a court or in some cases by a governmental agency or an attorney. If an elder receives a subpoena, he should contact the Society's Legal Department immediately. Never turn over records, notes, documents, or reveal any confidential matter sought by subpoena without receiving direction from the Legal Department.” You can read the letter in its entirety at this link, http://www.reexamine.org/BOE/1989-07-01.pdf As you will note from the above directives elders are advised to not cooperate with legal authorities but instead act at the direction of the Legal Department. What does the Legal Department advise? Note the comment made in a 01/01/01 letter to all Bodies of Elders in the United Kingdom when the government attempted to access judicial files; “Between March and August 2000 circuit overseers discussed with bodies of elders how to bring personal and congregation files in line with the Data Protection Act. By now you should have followed all the instructions contained in the "Checklist for Complying With the Data Protection Act”. This involved the destruction of most judicial records, minutes and agendas of elders' meetings that contained personal information, letters of introduction, correspondence relating to individuals, and so forth.” You can read this letter at this link, http://www.silentlambs.org/education/1101boe.cfm If the judicial files had of been retained it could have provided the written evidence for legal and criminal actions for authorities to act upon. This letter exploited a legal loop hole to prevent that from happening. The evidence shows that the Jehovah’s Witnesses Legal Department will go to any deception to protect the Watchtower Corporation and use local congregation elders to accomplish their dirty work. We greatly appreciate the help of certain courageous elders. For example, the murder letter was sent by one brave former elder, the 4-25-01boe media letter by another elder who wanted to help, the British body of elder letter cited above by another gutsy elder was moved let everyone know. These persons were moved to do something and it has been of great assistance. With the events unfolding above we need this assistance once again. This matter is not about our stand; it is about what is right. Victims have spilled their guts to make this known, men in high places that have sympathy for this issue need to assist. It will not change from within, if you want to make a difference you have to stand up for what is right. This is it, the time is now, if you think you need to wait on Jehovah, how do you not know this is an effort guided by Jehovah that will succeed? When Jehu looked up at the window and asked, "Who is with me?" Those men in "high places" had to make a choice. They had to either do what they knew in their hearts was right or they could have waited on Jehovah. Sometimes you have to grab evil and throw it out the window. While we claim no special dispensation, silentlambs stands before you now and says, "Who is with us?" You men in high places have a choice to make. Support misguided people or stand up for the children. We ask no one to leave Jehovah but instead, to do what you know is right. If you have the power to make a difference and you choose to wait, can you in good conscience do this knowing that a child might suffer due to "waiting on Jehovah?" If you can assist, email silentlambs, at [email protected] or Love and Norris at [email protected] lets talk, we will protect your confidentiality as we have done many times before, let's see if together we can do something meaningful to resolve this matter. We need any written letter or directive that might indicate the destruction of records as well as any verbal instruction from any Legal Department representative or authority in the organization. Regarding any type of verbal instructions, if this could be recorded or Tran scripted as to time, place and the names of all parties present, to provide evidence of obstruction of justice. We ask each man of conscience to think about what you do from this day forward, you can make a difference and help the needed changes come quickly to protect children. We have spoken from our heart now what does your heart move you to do? Will you help the silent lambs? We await your response. (We ask that this alert letter be delivered to all congregations of Jehovah’s Witnesses in the United States)

  • Lady Liberty
  • Maluenda
    Maluenda

    This ruling is just a beginning. There are so many legal stalls that can be put into place. It wouldn't surprise me if this ends up in the supreme court. I don't want to burst anyones bubble because this is progress!!!!!!!! I'm sure these monsters think that this is the beginning of Armeggeddon and now have to use their stored or stolen funds whichever way you want to look at it, to fight the harlot AKA-you, me and the rest of Satans children. That's why I'm posting everywhere I can post -JW sights and sights like This week in breaking news an msn news site. I simple put did you hear about? These news sites are a great way to spread the good news about this ruling and the cult. Many people read these sites daily. I also started an email chain to everyone I know asking for their help in passing it to everyone they know and so forth. Please, please join me in doing this. Nows the time for us to band together and scream at the top of our lungs. I am also sending a personal hand written letter to the judge in this case expressing my thanks for this decision and why it means so much to me. Have you ever considered what an impact it would be on these cases if the judges hearing the case got thousands of letters from victims? I've been in criminal justice for years and I can tell you volume speaks. One or two letters are ignored and the judge never sees them. Please consider this. If we banned together and wrote one letter a week to a chosen outlet. This week a judge, next week Oprah or dateline. We would begin to get noticed. Each person could draft their own letter and send it over and over. Snail mail makes an even bigger impact now a days because it is tangible. You can ignore a thousand emails but a thousand envelopes makes quite a statement. Does anyone have any input about this idea? Would anyone want to participate? Blessings to you all and may we continue to progress in the name of the truth!

  • SirNose586
    SirNose586

    Stillconcerned, I mailed you your own copy of Kingdumb News #37 this morning. Can't say when it will get to you, but please, don't reply via mail. It will blow my cover. Just keep it all on JWD. Thanks!

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