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

by jwleaks 212 Replies latest watchtower child-abuse

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  DATA-DOG

  WOW!! This is eerily similar to what I wrote to my own BOE. I was accused of being disrespectful of the FDS/ arrangement, of course....

  6. Social and financial burdens

  .Congregation paints a doomsday picture of what it terms the "extremely burdensome" responsibility of protecting its members and their children from further acts of molestation by a known child molester in their Congregation. (NFC AOB 40.) The Congregation's scenario is highly exaggerated. The actual burden and can be summed up in three minor responsibilities:

  (1) actually keep a "watchful eye" on the molester (which defendants claim was done anyway),

  (2) don't send a known child molester out into church activities with a vulnerable child, and

  (3) use the power Elder Abrahamson admitted he had to inform parents of the presence of a known child molester.

  I believe that my BOE would actually do all three of these things, and do them well. The problem is that the BOE are duped into obeying the GB without question. I don't think my BOE is a bad, they simply cannot be trusted fully in their current state of mind. The elusive collective/ theological arrangement known as the GB and the Legal Department must shoulder most of the blame, IMO. Especially when you realize that this is not an isolated incident. The WTBTS refused to obey the law and comply with the Working With Children act in Victoria Australia!

  Lurkers, ask yourself WHY??? WHY would the one true channel for salvation available to man, and the most humble, loving, most spiritually gifted collective of all human history, refuse to obey the law? Why would they argue that the 3 above mentioned requirements are " extremely burdensome." ?!?!?!?
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  UnConfused

  "For the love of money is a root of all sorts of injurious things" 1Tim 6:10

  Such as lying in court to prevent from having to pay liability claims.
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  slimboyfat

  Very interesting, well written and well argued from what I have read so far.
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  besty

  Page 36

  "Both Watchtower and Congregation dispute that Candace was abused “during” field service because the abuse occurred at Kendrick’s home. The argument is sophistic. The evidence established that the two were assigned to perform field service together and that instead of performing field service Kendrick often took her to his home, molested her, then returned her to field service or to the Kingdom "

  So the elders assign Kendrick to work with Candace, he leaves the KH with her, abuses her at his home, and brings her back to the KH.

  But they now argue 'well the abuse didn't occur actually on FS, it occurred at Kendricks home"

  Lurkers - wake up - this is the WTS weaselling for all they are worth.

  Disgusting.
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  nugget

  They also argue that the parents rather than the organisation were responsible for Candace's well being and yet they did not notify the parents of the threat posed by Kendrick. They argue that the parents had access to the magazines and should have been able to perceive from this material what a paedophile would be like. They had access to the same magazines but did not take the threat posed by Kendrick seriously even with their insider knowledge.

  They also complain about witness testimony that occurred whilst they were questioning a witness yet they never objected to the point made at the time nor sought to correct it at the trial.

  I hope they get a lesson they deserve that justice cannot be bullied.
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  besty

  @nugget

  page 52:

  "The Congregation also erroneously claims—without a supporting record cite—that its instruction was required because plaintiff’s counsel argued in closing that the Congregation elders were mandatory reporters. (NFC AOB 49.) In fact, no such argument was ever made."

  Tut tut - liars will not inherit the Kingdom.
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  DNCall

  As with everything Rick Simons has written in this case, the Respondent's Brief is clear, straightforward and well-reasoned. I love how he thwarts the WTS attempt to bring in constitutional issues so as to open the door to future appeal to CA and/or US Supreme Court.

  Data-Dog and Simon: You both comment on the disparity between the WTS legal arguments and their own teachings. I couldn't help but think that you have three departments: (1) writing; (2) service; and (3) legal, each with its own purpose and reason for existing. It is fundamental that, at times, there will be conflicts in the aims of these departments. Who has the responsibility to resolve these conflicts so as to avoid the kind of disparity we see here. On paper, it's the Governing Body. Do its members have have the education, the insight, the foresight and the wisdom to avoid what we now see playing out in the California courts? It's a self-answering question.

  Gayle: The WTS Reply Brief is due next month. After that the Court will set a date for oral argument. Given what's at stake, I can't imagine either party waiving oral argument.

  Once again, great brief Mr. Simons!
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  DATA-DOG

  I just finished reading everything.. WOW. I am so glad that " worldly " people insisted on the " rights " of Candice being respected. Do you think the GB have read this yet? Do they feel any remorse or shame as King David did?!

  @ DNCall,

  Are you thinking what I have been thinking? It the Society did not require ignorant obedience, and allowed their members to be more educated, then they could have avoided this whole affair? If the Elders were actually qualified to teach, instead of being window washers, and clerks, and pool cleaners that just parrot what they are told from the GB/FDS via the writing department, then an untold number of children could have been spared the pain that Candice has experienced? If so,
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  sd-7

  Do they feel any remorse or shame as King David did?!

  More likely they want to arrange for someone to be 'put at the forefront of the battle' and 'endure loyally even until death for Jehovah's name', King David-style...

  --sd-7
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  Oubliette

  Further regarding "the disparity between the WTS legal arguments and their own teachings."

  DNCall wrote, "I couldn't help but think that you have three departments: (1) writing; (2) service; and (3) legal, each with its own purpose and reason for existing. It is fundamental that, at times, there will be conflicts in the aims of these departments."

  So much for 1 Corinthians 1: 10:

  Now I exhort YOU , brothers, through the name of our Lord Jesus Christ that YOU should all speak in agreement, and that there should not be divisions among YOU , but that YOU may be fitly united in the same mind and in the same line of thought.

  It is telling that the WTBTS leaders insists on institutional unity among its R&F members, but they cannot achieve it amongst themselves and the most important departments which are supposedly under their direct control right there in Brooklyn!