ALERT: NEW LAWSUIT settlement - $13 MILLION

by Watchtower-Free 300 Replies latest watchtower child-abuse

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  Zoos

  I believe eventually they will be forced to hand over those files and some one at a senior level will have to take the witness box.

  What I don't understand is why they weren't forced to hand them over WHEN ORDERED. If the court in San Diego has enough jurisdiction to order a 501(c)(3) in New York to pay 13 million in damages then how the hell does it not have the jurisdiction to send in officers to arrest those in violation or, at the very least, force compliance?

  If a local judge ordered me to provide a document or appear in court and I refused, I would be in handcuffs before the sun went down.

  
  

  Maybe I just don't know enough about how all this works. Or is this just another example of U.S. government's lack of spine when dealing with religion?
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  Chaserious

  What I don't understand is why they weren't forced to hand them over WHEN ORDERED. If the court in San Diego has enough jurisdiction to order a 501(c)(3) in New York to pay 13 million in damages then how the hell does it not have the jurisdiction to send in officers to arrest those in violation or, at the very least, force compliance?

  Doesn't really have anything to do with religion. In a civil lawsuit, the ultimate purpose of the lawsuit is to recover monetary damages, so the "ultimate" sanction is the award of those damages. Discovery sanctions aren't allowed to be punitive; they can only be calculated to accomplish the objects of discovery. So, the terminating sanctions that were awarded are the most drastic allowed under the law; not to mention that is what the plaintiff moved for.
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  never a jw

  Chaserious,

  Isn't there a criminal element in action here. Obstruction of justice maybe, that seems to be intended to protect the monetary interest of an organization at the expense of the safety of children in the present and even the future. Is it possible that the very palpable refusal of the Watchtower to hand the "pedophiles documents" prompts a criminal investigation in the near future?
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  Pistoff

  Review Zalkin's comments; he says that Ashe testified in a deposition that the WT had scanned ALL info sent to them by the congregations and OCR'd it.

  That means it is searchable; searching the documents would not take long, not anywhere near what it would take to sift through paper documents.

  The WT is stalling, obviously.

  I wonder if they really thought 2014 was the year the end would come, and that is why they would not produce the documents and Loesch.
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  Chaserious

  Isn't there a criminal element in action here. Obstruction of justice maybe, that seems to be intended to protect the monetary interest of an organization at the expense of the safety of children in the present and even the future.

  Obstruction of justice in California is rather narrow; obstruction is much easier to prosecute under federal law when it occurs in a federal court. In a civil case, it would probably need to rise to the level of subborning perjury, bribing a judiical officer, or something of that magnitude. Also, prosecutors would have to identify who specifically committed a crime and charge them, and whoever is charged would be entitled to a jury trial. In reality, a defendant is never going to be criminally charged in a civil case for discovery violations (probably not even in federal court), especially when they believe they have a colorable basis for whatever their position is.

  The plaintiff was awarded everything he sought and more (more in the sense that he didn't have bear the time and expense of a full trial), so that's the end of the story from the court's vantage point. As far as protecting children, that may be an observer's view of things or a take on the effect of the big picture effect of multiple lawsuits, but that's not part of the relief in a case like this. The relief is money, pure and simple.

  Contempt is another question; in practice it is hard to hold corporate insiders individually liable for corporate contempt, such as by placing them in custody until the contempt is purged. I am fairly certain that most U.S. courts would agree that would not be appropriate in the case of a civil corporate defendant; who can just be made to lose the case instead.
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  flipper

  I have recently made 10 copies each of the Portland , Oregon WT child abuse news release and 10 copies of the San Diego, California 13.5 million $$$$ WT child abuse case news release and when on my out of town jobs for a couple days the next two days I hope to leave copies under windshields at JW kingdom hall parked cars and hopefully approach any JW's I see at Starbucks having coffee and I'll try to start up some conversations with them placing news releases of these child abuse cases. We'll see what happens.

  This weekend I had a couple dreams about the importance of letting people know and understanding the devastation of child abuse as a crime and a song and tune developed in my head and I wrote a song about child abuse. Like a slow minor chord ballad. Tried putting myself in the shoes of someone who would suffer these atrocities. Thought you might like to see the lyrics . It's titled ' "Mommy-Make Him Go Away ".

  Mommy- Make him Go Away

  I hide in the dark when I play

  I'm trying to survive another day

  I don't know how I'll find my way

  Mommy- make him go away

  Mommy- make him go away

  I hug my doll to keep me warm

  It helps me get through the storm

  I don't know what else to say

  So mommy - make him go away

  Mommy - make him go away

  I'm so scared to face the truth

  I don't want to sacrifice my youth

  My life is fading into gray

  So mommy - make him go away

  Mommy- make him go away

  One day from these ashes I will rise

  And freedom I'll see through these eyes

  Under my head a soft pillow will lay

  So mommy - make him go away

  Mommy- make him go away

  Mommy - one day he will pay

  Just wanted to contribute this to the awakening and the cause. Sincerely, Mr. Flipper
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  truthseekeriam

  We all need to do all we can to protect children.

  From a parent who has lived this nightmare I personally want to thank you Flipper :)
• 

  mana11

  Why would they stupidly continue to hold such documents?.

  If they know they are sitting on a time bomb any logical person would hit the delete button?.
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  Phizzy

  Hitting the delete button would not get rid of the info. permanently, it is still on a Hard Drive somewhere, and it would make them look Super Guilty if they did that, the computers were seized, and the data recovered.
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  Illuminated

  I wanted to bump this thread up.

  What's going on with this case?