Should law enforcement have a copy of the April 9, 2012 BOE letter?

by JRK 4 Replies latest members private

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  JRK

  After reading it, it smacks of "obstruction of justice." What are your opinions?

  JK
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  BlindersOff1

  Candace Conti's attorney should get a copy . Lawyers can make very good use of it nation wide
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  OnTheWayOut

  I do pretty good when I try to think litigiously.

  A couple of points from that letter do seem like "obstruction." The contents are here: http://www.jehovahs-witness.net/watchtower/scandals/227056/1/Watchtowers-April-9-BOE-Confidentiality-Letter-Child-Abuse-Did-Jane-Doe-lawsuit-play-a-major-part

  6. If an elder were to breach confidentiality, he could subject himself and the organization
  to civil liability. In addition, an elder’s breach of confidentiality could result in a legal waiver of the
  minister-communicant privilege or the attorney-client privilege. The minister-communicant privilege
  generally prevents an elder, under specific circumstances, from having to disclose confidential
  communications between the elder and a member of the congregation, and the attorney-client privilege
  generally protects an elder from having to disclose confidential communications between the
  elders and his attorney, including the Legal Department.

  Despite clear courtroom conclusions that clergy-penitent privilege was already breached in every single instance of the elders calling WTS for further instructions, they cling to this and try to convince the elders that they have both that privilege and the attorney-client privilege. The first is lost and the second is only privilege if the lawyer is serving the best interests of the elder- it is not for the "communicant" at all and the legal dept. typically doesn't have the elders' interests in mind at all because he is not "their" lawyer but serves WTS.

  10. When someone seeks confidential information: You should never reveal confidential
  information to anyone unless theocratic procedure requires it or the branch office has instructed you
  to do so.(Persons seeking confidential information may include an investigator, an attorney, a policeman,
  a detective, other law enforcement officers or government officials, school personnel, parties
  to a lawsuit, family members [whether they are Jehovah’s Witnesses or not], and even other elders or
  other persons who may not be entitled to the information.) This applies to written materials and unwritten
  knowledge possessed by the elders. It applies to records pertaining to a particular case and
  general materials, such as letters from the organization, the Shepherding textbook, and the Organized
  book. Even when secular authorities request confidential information, you are not obligated to
  answer questions before consulting the branch office. (ks10 chap. 6 par. 19) You should then ask to
  speak to the Legal Department. Oftentimes secular authorities request confidential information to
  which they are not legally entitled. Thus, you could subject yourself and the organization to civil
  liability if you reveal such confidential information.

  So don't tell anyone anything until you tell us first and we decide how to handle it.

  11. If any unauthorized person seeks confidential information from you, simply state: “As a
  minister I have a duty to keep certain matters confidential and must consult my attorney before answering
  any questions.” There is no need to state that you will be contacting the Legal Department.
  If the inquiring party presses for more information about a confidential matter or for the identity of
  your attorney, do not be intimidated by threats and do not make any other statements. Simply ask
  for the person’s name, telephone number, title, and the office he represents, and tell him that you
  will need to talk to your attorney before you respond to his request. Then, call the Legal Department
  immediately for legal direction.

  There's a real kicker. "MY" attorney. But really, WT Legal. So don't tell them it's WT Legal. If we can weasel out of it, we will never admit to being involved. That attorney doesn not ever really have any best interests of the elder in mind. They may immediately farm this out to a local attorney who would have the elder's interests forced upon him, but the elder has still contacted the corporate lawyer and received instruction in "their" best interests. He could be hanging himself by following their interests.

  If I knew how WTS would deal in these things, even if I thought it was the real truth, I never ever ever would have agreed to be an elder. I certainly never would have served on any judicial committees.
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  Balaamsass

  Yes it should be forwarded to the FBI and all State Departments of Justice. Police officers who take the extra classes for child abuse investigation need to know what they are up against when investigating Child Abuse among Jehovah's witnesses. The same needs to be done in other Countries. Who trains police officers in Commonwealth nations?
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  jamiebowers

  This thread is directly related to Marvin Shilmer's thread.

  http://www.jehovahs-witness.net/jw/friends/227298/1/Shusters-Tale

  Somebody needs to send this letter to Conti's attorney.