Candace Conti v Watchtower Society | June 3, 2013 | Respondent's Brief - prepared by Rick Simons | A136641

by jwleaks 212 Replies latest watchtower child-abuse

• 

  DATA-DOG

  Sosoconfused,

  I have no formal education. Much of the legal jargon is beyond me. I just figure things out by context and repeated reading, and several trips to an online dictionary. You don't have to be the most " educated " to smell a rat. Just keep at it.

  Simon,

  This mirrors my own thoughts while reading through the brief:

  " Also, especially when they have constructed a world where there is a clear structure of authority and expected obedience which includes all members of the congregation and a definite hierarchy of elders -> ministerial servants -> men -> women -> children. Women and children are taught to respect and obey 'brothers' in general, not just their parents and the congregation elders (although these even more so) and that is a very dangerous world to construct if you then refuse to take any responsibility for policing it and ensuring that the power you have granted to individuals isn't abused or used to enable abuse of others."

  For JW's it comes down to strict obedience. You must obey without hesitation because it could mean your life. Even if you don't " get it ", you are to obey. Listen, obey, and be blessed, when you hear God's will expressed. What is God's will? Whatever the GB says and then filters down through the hierarchy! They want to be in charge, but they refuse to accept that they have created a special relationship with their adherents.

  Thank GOD that the " worldly " jury was infected with the spirit of the world... I hope the WTBTS's fate is sealed. I am keeping my fingers crossed because they are such excellent liars. I will be reading this for quite some time.
• 

  Simon

  Yes, the consequence of failure to follow their rules of obedience is the loss of all your friends and family and eternal damnation / death.

  Not exactly good or balanced ideas to put into young peoples heads and something that can easily be taken advantage of by predators.
• 

  JeffT

  BOTR or Justicia where are you? Is it possible ( or useful) for some of us to file an Amicus Curiae statement? In particular I'm thinking of the double standards the WTBS applies to apostates and child molestors as pointed out by Simon. We could at least give voice to the sentiments of the xjw community in court. I'd be willing to put my name on such a document as I no longer have any connections to the witnesses.
• 

  crmsicl

  I will email JT and have her take a look.
• 

  DATA-DOG

  Oh..SNAP!!!

  Brackets and bold type added by me.

  " 1. Forseeability of harm.The Congregation argues there is no high degree of foreseeability that Kendrick would molest another girl ( are they serious!!) in the Congregation. (NFC AOB 28-31.)

  This argument utterly ignores the evidence that defendants knew (1) that persons who abuse a child are at risk to abuse again (8 AA 2052)(2) that Kendrick had abused Andrea and had lied to them about it (3 RT 156, 157, 216, 240-241), (3) that molesters use positions of trust and participate in religious organizations to cloak their intentions (8 AA 2017, 2019, 2036, 2045; 3 RT 161, 162, 168, 258, 259; 4 RT 436), and (4) that molesters are adept at acting in secret so that persons in authority cannot detect them (3 RT 168; 4 RT 436).35

  This knowledge made it highly foreseeable that sending Candace into field service with Kendrick put her at grave risk of being molested by him. Elder Clarke called it "suicidal" to send a known molester into field service with a child. (3 RT 248.)The Congregation argues that there was no foreseeability ( WHY??!! ) because of the many precautions the elders claimed to have taken to prevent further molestations by Kendrick. (NFC AOB 31.)

  But the recognition such precautions were needed merely demonstrates the foreseeability of the harm posed by Kendrick.

  WTBTS thinking: " There was no way we could predict that Kendrick would molest again, even though we know molesters do that. Sure we cited a whole AWAKE magazine stating this, but still... Jeeze they are just so good at sneaking around, you know?? Trust us there was no reason to think that he would strike again, even though he lied to us about drugging and molesting his step-daughter. So we figured he was safe to be around..err, ummm..."

  Judge: So you told the WTBTS that he was guilty of sexually molesting a child, removed him from the office of MS, placed him on restrictions, forbid him from ever holding an apponted position again and told him that you were going to watch him constantly, all because you could not in any way forsee him re-offending?! WTH?! Clean my pool!!!!!! "
• 

  sosoconfused

  Wouldn't it be nice if the judge would say, "It looks like you guys really are full of Sh^t... I am going to double the amount of money you owe this young lady"
• 

  Tylinbrando

  The way the brief uses the testimony from Watchtower as well as their own publications against them is masterful. This information is priceless and reflects thousands of research hours and is skillfully stipulated over 90 brief pages. Rick Simon's team is more than remarkable.
• 

  Londo111

  marked
• 

  Simon

  The Congregation argues there is no high degree of foreseeability that Kendrick would molest another girl

  Not only is this blatently wrong but it goes against their own teachings and belief that they can in fact forsee the future and also what people are thinking / feeling (down to if someone is truly repentent) by their being "guided by holy-spirit" or "spirit directed".

  So again, they say one thing and yet teach / believe another which is competely at odds.
• 

  Justitia Themis

  BOTR or Justicia where are you? Is it possible ( or useful) for some of us to file an Amicus Curiae statement?

  I'm unfamiliar with California Rules of Appellate Procedure, but usually one must have the court's permission to file an Amicus. Only parties to the case have the right to file documents. One can imagine the chaos and paperwork nightmare that would exist if anyone could just file documents on any case they wanted.