Sisters may pursue church case-Another Blow to the WT

by DevonMcBride 70 Replies latest watchtower child-abuse

  • DevonMcBride
    DevonMcBride

    Judge: Sisters may pursue church case

    The Telegraph, Feb. 26, 2003
    http://www.nashuatelegraph.com/
    By ANDREW WOLFE, Telegraph Staff

    NASHUA – Two sisters can pursue their claims that elders from their Jehovah’s Witness congregation in Wilton ignored their mother’s complaints of sexual abuse, a judge has ruled.

    The sisters say that church elders failed to report their father’s abuse or do anything to stop it. They also claim that church policy and practices shield abusers from prosecution.

    The church disputes that the elders were made aware of the abuse at the time.

    Hillsborough County Superior Court Judge William Groff rejected the church’s arguments that the suit should be dismissed on constitutional and other legal grounds in a series of rulings earlier this month.

    Groff ruled, however, that the state’s three-year statute of limitation for lawsuits prevents the sisters from suing their father for the abuse.

    One of the sisters’ lawyers, Cynthia Waldt of St. Paul, Minn., declined to comment on Groff’s rulings Tuesday.

    The church’s lawyer said he will ask Groff to reconsider.

    “Obviously, we feel badly for the two plaintiffs, but neither Watchtower (the church’s national governing body) nor the congregation are responsible for what happened,” Donald Gardner of Manchester said.

    “We’re confident that when Watchtower and the elders present their evidence, the facts will clearly show that neither (the church nor its elders) . . . knew of any child abuse until years after it had stopped, by which time the authorities already were involved.”

    The sisters’ suit stems from the case of Paul Berry, 46, formerly of Greenville, who was convicted of 17 counts of aggravated felonious sexual assault after a trial in 2000 in Hillsborough County Superior Court.

    Berry was sentenced to serve 56 to 112 years in prison, one of the stiffest sentences ever imposed for a sexual assault case in New Hampshire. The state Supreme Court upheld his convictions in a ruling last year.

    Berry was convicted of repeatedly assaulting his stepdaughter, Holly Berry, 24, of Berkeley, Calif., while she was between 4 and 10.

    Berry also had been charged with assaulting his biological daughter, Heather Berry, 20, of Charlestown on several occasions while she was between 3 and 6. Prosecutors and Heather Berry dropped those charges after the conviction and sentence in her sister’s case.

    The Telegraph ordinarily doesn’t identify victims of sexual abuse, but the Berry sisters chose to go public when they filed the suit in 2001.

    Their suit names Berry, the Wilton congregation of Jehovah’s Witnesses and the national organization, the Watchtower Bible and Tract Society of Brooklyn, N.Y.

    Around the time of Berry’s trial, the sisters claim they learned their mother had told church elders of the abuse while it was happening, and asked for their help.

    Their mother testified that the elders told her to keep quiet, pray more and strive to be a better wife.

    Groff ruled that the girls can’t sue the church for allegedly violating a state law that requires people to report suspected child abuse, because the law doesn’t allow such claims. However, he ruled that the elders’ alleged failure to report the abuse or take other action on their mother’s concerns can be used as evidence of negligence.

    Groff ruled that “any reasonable person” would have understood “the overwhelming risk of harm” from sexual abuse, and “the magnitude of that potential harm.”

    “This rendered the elders’ conduct unreasonably dangerous in view of the horrific consequences to the plaintiff by not taking steps to report the abuse or properly counsel the plaintiff’s mother,” Groff wrote, assuming for argument’s sake that the elders did conceal the abuse.

    “The prevention of sexual abuse of children is one of society’s greatest duties,” he continued. “Clearly the social importance of protecting the plaintiff from her father’s continued brutal sexual abuse outweighs the importance of immunizing the defendants from extended liability.”

    The Watchtower Society had argued the church couldn’t be held responsible for a failure to protect children from a parent’s abuse. The society also argued that allowing the suit to proceed would violate the constitutional protection of freedom of worship.

    Groff disagreed, finding that religious beliefs don’t excuse people from obeying state laws, including the law requiring people to report suspected child abuse.

    The Jehovah’s Witnesses also claimed the elders to whom Berry’s mother reported the abuse were ministers of the church, and that state law protects the confidentiality of communications between the elders and members of the church – just as a priest can’t be forced to testify about matters disclosed during confession.

    Groff found that issue requires further hearing, to decide whether elders were, in fact, ministers and whether their conversations with Berry’s mother should be considered confidential. A hearing on that matter is scheduled for March 17, but is expected to be postponed, Gardner said.

    Groff ruled in the church’s favor on a similar issue in a criminal sexual abuse case involving a Hollis man convicted of sexually assaulting several girls. In that case, Groff found that elders in the man’s congregation couldn’t be forced to testify about disclosures the man made while the elders were investigating abuse charges.

  • Will Power
    Will Power
    “The prevention of sexual abuse of children is one of society’s greatest duties,” he continued.

    Is that because it is such an active area of their ministry?

  • Loris
    Loris

    What this news article does not bring out is that the Watchtower lawyers asked that the Judge put a gag order on all parties of the suit. So Holly and Heather are ordered to not talk to the media about the case. But that is like shutting the barn door after the horses have run away. Holly and Heather have already told every possible media person the story. What a joke.

    Loris

  • metatron
    metatron

    Liars as ever.

    Try to stifle your emetic response next time the Watchtower Pharisees claim they have no clergy distinction

    after seizing upon clerical priviledge for elders.

    metatron

  • rocky220
    rocky220

    I wouldn't be surprised if the WT wanted to settle this out of court......to keep them quite! rocky220

  • blacksheep
    blacksheep

    "What this news article does not bring out is that the Watchtower lawyers asked that the Judge put a gag order on all parties of the suit. So Holly and Heather are ordered to not talk to the media about the case. But that is like shutting the barn door after the horses have run away. Holly and Heather have already told every possible media person the story. What a joke."

    And what's your point here? Are you *condoning* the WTS? To me what's a joke is the hypocritical, self serving cover ups at the expense of possibly the worst invasion of the rights of children. All to try to keep up the JW facade of "Jehovah's organization." And *then* trying to hide behind constitutional rights to give them exemption from harboring child molesters? Unbelievable.

    What an utter sham.

  • hawkaw
    hawkaw

    So lets see now .... this is the BIGGEST thing that has ever happened to the exJW community and I only see ..... a few people posting to about!!!!!

    DO you guys realize that for the first time in HISTORY a judge has said that the elders and WTS ... you have a common law duty to protect kids from child abuse because of the overwhelming danger to the children!!!!!!!

    Here let me read part Judge Groff's SUMMARY JUDGEMENT for you people in saying why a "common law duty" has been placed to the WTS and its elders.

    "... In this case, the plaintiff's mother [Sarah] sought the elders' advise and counsel regarding the sexual abuse of her children by her husband [Paul Berry], a member of the congregation. The overwhelming risk of harm to the plaintiff [Holly Berry] from the continuing abuse by her father, and the magnitude of that potential harm to her must necessarily have been apprehended and understood by any reasonable person. This rendered the elders' conduct unreasonably dangerous in view of the horrific consequences to the plaintiff by not taking steps to report the abuse or properly counsel the plaintiff's mother.

    The prevention of sexual abuse of children is one of society's greatest duties. In this case, to impose such a duty places little burden upon the defendants [Watchtower and elders]. The burden only requires common sense advice to the church member and a reporting of the abuse to the authorities. Clearly the social importance of protecting the plaintiff [Holly Berry] from her father's continued brutal sexual abuse outweighs the importance of immunizing the defendants from extended liability. The court finds the defendants [Watchtower] did owe a duty of due care to the plaintiff, despite the absence of privity between them. ...."

    I won't even go there on how the Judge told the WTS to take its freedom of religion protection crap argument and shove it where the sun don't shine.

    When the trial happens, this whole case will centre around the mother, Sarah, going to the elders ... some 10 times. Watch the WTS turn every stone and push every button to discredit Sarah.

    The Judges decision WILL be taken to the Supreme Court. Will SCOTUS here the case. I think so as it is an important issue.

    hawk

  • Room 215
    Room 215

    Hawkaw,

    You've made an important poin. I've noticed recently that attention to threads on this subject have diminished signficantly of late. That's too bad, because it is a vitally important issue.

  • FreeFallin
    FreeFallin

    Hawkaw,

    Thank you for getting me to re-read this post several times to get the full importance of it. I especially like:

    The Watchtower Society had argued the church couldn’t be held responsible for a failure to protect children from a parent’s abuse. The society also argued that allowing the suit to proceed would violate the constitutional protection of freedom of worship.

    Groff disagreed, finding that religious beliefs don’t excuse people from obeying state laws, including the law requiring people to report suspected child abuse.

    These are the hypocrites always talking about obeying Ceaser's law. What a crock of sh*t.

    FreeFallin

  • FreeFallin
    FreeFallin

    And thank you, Devon McBride.

    I don't know how to edit posts.

Share this

Google+
Pinterest
Reddit