Summary of WT Appeal Brief in Conti Case

by Chaserious 79 Replies latest watchtower child-abuse

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  diamondiiz

  Chaserious - Thanks for the summary.

  The first point may be valid in most cases but the problem with the structure of WTS is that all JWs act as agents of WTS and I'm guessing this is what Simons will have to show the appeal judge. All JWs are baptized as ministers of Jehovah, all answered the baptismal question of recognizing WTS as god's directed organization. Simons will need to prove agency relationship, and I think that exists and probably most would see it.

  When JWs come to a door, the householder automatically thinks of Watchtower and Awake which impresses the householder that JWs are agents for WTS not only by being offered WTS publications but also the outfit worn which is also a WTS requirement. If a JW studies with an individual, they are studying wts publications, they act as agents representing wts because not only that they are teaching wts theology they are also following wts rules as to how they teach, which books they use and what arguments to use to counter the arguments(reasoning book). When JWs are in service, they follow wts procedures as to how they go about preaching and how they team up with one another. When JWs move up in rank to MS, elder,CO,etc.. this is more evident through greater responsibility of teaching the congregations.

  Does WTS have the duty of care? I think they do as any other corporation has duty to have rules and guidelines that protect its employees (agents) from one another and from harming unrelated parties. I didn't follow the case in great detail but was her relationship to Kendricks result of him being an "agent" of WTS? Most likely, and if the higher ups knew of his dangerous behavior then others (agents) should have been either warned or he should have been removed (termination of agent relationship) from furthering the harm to others in which case the agency (WTS) is vicariously liable.

  If WTS loses this appeal I think they will move towards changing the nu lite to reflect more than ever the distance of rank and file from the corporation as they've been trying to do in recent times.
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  problemaddict

  Great summary Chaserious. Very easy to follow and understand for the layman.

  Good luck on the bar. I think the most damning thing for them, is that their most recent letter on the matter to the BOE, does not preclude molestors from serving at some point in the future. What a mistep that was!

  From our perspective, I think it is most telling that their lawyers, at least one of which is a local elder in San Diego, have argued

  a) that they have no "duty" to protect from harm in the case of a confessed molestation in the trusting environment that is the congregation.

  b) That they could violate the rights of the abuser because he had not yet been convicted of a crime.

  Just from a moral standpoint, it is clear to any onlooker that the only true religion on earth, has given up the moral highground with these assertions. I think the day will come when they wish they would have just paid this, and moved on.
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  Juan Viejo2

  Yes, I agree. Very good analysis of the filings...

  JV
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  Phizzy

  Problemaddict said "I think the day will come when they wish they would have just paid this, and moved on."

  I think so too, it would have been easier to bury, I do hope "moving on" for the WT involves a mature and moral attitude toward protecting the vulnerable in their midst.

  It must include a working Protection Programme that is seen in action, not just words which they spout with no intention of action, like "our protection Policy is on-going" or somesuch nonsense.

  They have a written Policy, but not a working protection programme, they can manage to organize all sorts of activities, but not protection for the vulnerable, because they are hard hearted money grabbers.
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  Londo111

  marked
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  Refriedtruth

  Problemaddict said "I think the day will come when they wish they would have just paid this, and moved on."

  Ditto
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  AnnOMaly

  Very helpful summary and commentary, Chaserious. Thank you.

  One potential inaccuracy I noticed was that the brief stated that “[ t]hat letter [a 1997 letter to BOE] also confirmed Watchtower's long-standing policy that a known child molester does not qualify to be appointed to a position of responsibility in any congregation.”

  How does this 1997 letter bear on instances of abuse that occurred from 1994-c.1996. Too late!

  Anyway, since one or two were asking:

  

  

  
• 

  AnnOMaly

  The letter shows that there could be instances where known* child molesters in existing positions of responsibility MAY, according to the Branch's discretion, continue to serve in those responsible positions.

  *Depending on who knows, right? To be fair, it also depends on the nature of the molestation - a 21 year old with a 16 year old, consensual, is in a whole different league to a 40 year old with an 8 year old.

  To add: one of the reasons Kendrick 'fessed up to the elders, and the elders contacted WTS HQ, was due to the possibility that someone else outside his step-family was also molested and the mother was threatening to go to the police.
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  Vidiot

  AnnOMaly - "The letter shows that there could be instances where those in existing positions of responsibility MAY, according to the Branch's discretion, continue to serve in those responsible positions."

  When I first read that, I thought to myself, "why the f**k would they even want an acknowledged sex offender to 'continue to serve'???"...

  ...then it occurred to me that I might be looking at it sorta backwards.

  After all, if they did gave all previous sex offenders - regardless of their current standing - the administrative boot, would they:

  A) have a dearth of step-asides that would raise too many uncomfy questions amongst the R&F? Or worse - amongst decent and intelligent MSs and elders able to make the connection between such a decision and the dearth of dismissals?

  B) have enough "company men" left to run the WTS's day-to-day ops? There are a few indications that the bottom of the barrel is starting to get scraped...

  C) face a potential crisis if present high-ranking members were credibly accused and subsequently compelled to step aside? Remember the allegations about Greenlees and Jaracz?
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  problemaddict

  I had a conversation with someone who is active and serving about this case. They have children as well. I asked the why anything other than a report to the police was acceptable. They literally said they preferred to defer to the society, and that they wouldn't want to go to the police and "open that can of worms...and that anyways the slaves direction should be enough for me."

  Unbelievable.