Article: Contra Costa Times-Fremont: Court upholds $2.8M award for Oakley woman molested by Jehovah's Witnesses member

by AndersonsInfo 10 Replies latest watchtower child-abuse

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  AndersonsInfo

  http://www.contracostatimes.com/breaking-news/ci_27909266/fremont-court-upholds-2-8m-award-woman-molested

  Fremont: Court upholds $2.8M award for Oakley woman molested by Jehova's Witnesses member

  Bay City News Service

  Posted: 04/14/2015 06:36:59 AM PDT0 Comments

  Updated: 04/14/2015 06:39:02 AM PDT

  
  

  A state appeals court in San Francisco on Monday upheld a $2.8 million compensatory damage award for a woman who was molested as a child by an adult member of the North Fremont Jehovah's Witnesses Congregation.

  But the appeals court overturned an additional $8.6 million punitive award levied against the congregation and the Jehovah's Witnesses headquarters organization in a 2012 Alameda County Superior Court trial on a lawsuit filed by Candace Conti.

  A three-judge appeals panel said a punitive award was not justified because church leaders had no duty to warn the congregation or Conti's parents that the abuser, Jonathan Kendrick, had admitted to church elders that he molested his 14-year-old stepdaughter in 1993.

  Justice Peter Siggins wrote for the court, "While it is readily foreseeable that someone who has molested a child may do so again, the burden the duty to warn would create and the adverse social consequences the duty would produce outweigh its imposition."

  Conti, now 29, who has discussed her case on national television in recent years, testified at the 2012 trial that Kendrick molested her several times per month for about two years, when she was 9 and 10 years old, between late 1994 and 1996.

  She said the abuse occurred when she was accompanying him on church "field service," or door-to-door preaching in the community. She said Kendrick would take her to his house and molest her during the time he was supposed to be conducting field service.

  Kendrick, 61, now lives in Oakley and is a member of the Jehovah's Witnesses congregation there, according to Conti's lawyer, Rick Simons. In 2004, he was convicted of molesting his 8-year-old stepgranddaughter and served seven months in prison.

  The headquarters organization of Jehovah's Witnesses is the Watchtower Bible and Tract Society of New York Inc. The Superior Court jury originally awarded Conti $7 million in compensatory damages and found Kendrick 60 percent responsible, Watchtower 27 percent liable and the North Fremont Congregation 13 percent liable.

  But Conti agreed before trial not to collect any damages from Kendrick in exchange for his not participating in the trial and agreeing not to harass her. Thus, Conti's total compensation from the congregation and Watchtower was $2.8 million, Simons said.

  The appeals court upheld the compensatory award on the ground that the congregation and Watchtower failed in their duty to supervise Kendrick and protect Conti during their field service.

  Conti also originally won an additional $8.6 million in punitive damages from Watchtower and the congregation on the basis of her claim that church leaders adhered to a "secrecy policy" about child molestation.

  But the appeals panel set aside that award, saying the congregation elders "had no duty to depart from Watchtower's policy of confidentiality and warn the members of the congregation that Kendrick had molested a child."

  Siggins wrote that imposition of a general duty to warn would be a "considerable" burden on a church and could deter wrongdoers from seeking help from church leaders.

  At the trial, Conti's lawyers cited a 1989 letter sent by Watchtower to all elders in the nation, instructing them that "elders must exercise extraordinary caution when it comes to handling personal information about the private lives of others" and that "unauthorized disclosure of confidential information can result in costly lawsuits."

  A congregation elder testified that the policy was intended to protect confidential ministerial communications, and that the church sought to educate parents about how to protect their children from abuse.

  Simons said Conti, a veterinary technician, now lives in the Stockton area. He said no decision has been made on whether to appeal to the California Supreme Court to reinstate the punitive award.

  "This is really a public policy issue, and of course we disagree as to what is the best public policy," Simons said.

  "Ms. Conti is of the view that public policy should favor requiring churches to do all they can to prevent further abuse by identified child molesters from happening, rather than just requiring that they pay money to victims after the abuse occurs," he said.

  A lawyer for Jehovah's Witnesses was not available for comment.
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  mostlydead

  Thank you Barbara for keeping us all updated on this case. If elders are not obliged to warn, but obliged to closely supervise, then I guess we can expect more of this kind of tragedy.
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  Gayle

  Interesting,,sounds like a further appeal (to the CA Supreme Court) may be possible?

  Justice Peter Siggins wrote for the court, "While it is readily foreseeable that someone who has molested a child may do so again, the burden the duty to warn would create and the adverse social consequences the duty would produce outweigh its imposition." (unclear) "adverse social consequences" for who? The perp? Now if the elders want to call on such a person regularly, as an individual, have a personal Bible Study, that should be enough. But to require a small congregation of innocents, sitting regularly elbow to elbow, at relatively small meetings with such, having to be somewhat sociable, -- asinine. Giving a convicted perp a right to live in the neighborhood, is not the same as inviting them to your home or small church, who are unknowledgable of this persons character.

  In my neighborhood, if a previously convicted perp moves into this neighborhood, his record and photo are posted all around, especially around schools and door to door. There is no secret about it.
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  Brokeback Watchtower

  I admire this women for this:

  "Ms. Conti is of the view that public policy should favor requiring churches to do all they can to prevent further abuse by identified child molesters from happening, rather than just requiring that they pay money to victims after the abuse occurs,"

  Ms Conti has done a very good service with her taking it to the limit with appeals and it will make the WT a little more careful, and raise public awareness of these not so innocent end of the world cult leaders/policy makers.

  We all no how much the GB hate getting a black eye in the public press and they ain't gonna live this down this is just the first few of many. IOW they have to change policy or else die the horrible death bankruptcy through shear stupidity beyond belief.
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  smiddy

  I take my hat off to Candace Conti in her resolve to protect other children from child molesters in the Jehovah Witness religion. I only hope she has not been worn down by the stress these past three years must have been on her by the tactics used by this religion to try and reduce the $ payment awarded by the courts in the first place,

  It certainly shows where their priorities lie , not in protecting children in their religion , but the money , $`s the organisation has in their vaults.

  How disgusting.

  smiddy
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  DesirousOfChange

  $2.8 Million.

  Chump change for Watchtower. I'm confident that they likely have made settlements for as much. Hush money.
  

  Just watch..........the assembly hall fees and the mandated "donations" for Circuit Overseer expenses will increase.

  Worrisome is how it will affect all those suits waiting in the wings to see the outcome of the Conti case.

  Doc
  
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  Brokeback Watchtower

  Smiddy,

  I only hope she has not been worn down by the stress these past three years must have been on her by the tactics used by this religion to try and reduce the $ payment awarded by the courts in the first place,

  True it must have been stressful but on the other hand, very therapeutic for a person who has been abused hopefully she has put this trauma in her psyche in a better place and she will lead a happier life with this all behind her now.
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  Brokeback Watchtower

  The Watchtower is a business plain and simple after all it is 'incorporated' which says it all. As a business they have a bottom line which is 'cash flow' it can't be negative. So a bigger loss in the court, brings bigger focus on the problem with these Ceo's/GB and the more likely change is to occur.

  This financial loss and the precedent set in the courts will have major impact and if it doesn't these guys on the GB are very stupid CEOs and will drive this corporation/Jehovah's chariot into the ground much sooner.
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  Brokeback Watchtower

  With the advent of the Internet the Governing Body lives in a glass house from which they have been throwing lots and lots of stones, before they could more readily rely upon the ignorance of their bad behavior but alas the tables have turned on them and they are slow to respond, and such ignorance is costing them big time.

  If they don't make some drastic changes in policy they are more stupid than a box of rocks.
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  zeb

  Candace should be nominated for the Nobel Peace prize.