Simons’ CRITCAL FACT = “defendants assigned Candace to perform field service with Kendrick.”
Simons’ Brief: there was plenty of evidence that in fact Candace was assigned to perform field service with Kendrick. She testified that sometimes, when neither parent was available, she went to field service without them and that on some of those occasions she was assigned to perform field service with Kendrick. (6 RT 726-728.)
FACT: Simons is mistaken. Nowhere in 6 RT 726-728 is Candace assigned to perform field service with Kendrick.
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Simons’ Brief: [Candace’s] testimony was corroborated by Congregation member Carolyn Martinez, who saw Kendrick and Candace in field service together. (6 RT 662, 663, 666.)
FACT: Simons is mistaken. Nowhere in 6 RT 662, 663, 666, does Martinez corroborate that Candace was assigned to perform field service with Kendrick.
= The Appellate Court will NOT find Simons’ CRITICAL FACT in evidence.
AnnOMaly has a theory = “Kendrick and Candace were seen together in FS [field service], then logically, the elders must have assigned Candace and Kendrick”.
Let’s TEST AOM’s theory. Is the theory objective, comprehensive or NOT?
Martinez testified that she saw Candace and Kendrick in field service together. (6 RT 663, 666)
LOGIC: The perfect opportunity for Simons to establish his CRITICAL FACT. Just ask Martinez—When did you see that? Was that after 1993? What were the circumstances? Were they alone?— But Simons passed. Logically he had good reasons NOT to ask the critical questions. Simons DID ask Martinez two questions about Kendrick’s dog!
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Martinez testified that from 1990 through 1992 her family and Candace’s family and Kendrick’s family were in the same field service meeting group. (6 RT 662, 665, 668, 669)
LOGIC: NO doubt Martinez did see Candace and Kendrick together in field service more than once during that two to three year period. Logically any such sightings before November 1993 does nothing for Simons’ CRITICAL FACT. And since Simons decided NOT to ask the critical questions, he left his CRITICAL FACT hanging by the thread of the least probable of several possibilities. Logically he had very good reasons NOT to ask.
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Martinez testified that in the 16 or so years that she knew Candace, she never saw Candace come to field service without one or both of her parents. (6 RT 658, 660, 668)
LOGIC: On the occasions that Martinez saw Candace and Kendrick together in field service one or both of her parents were also present. Logically Candace and Kendrick were NOT “assigned” because as Simons wrote, “when neither parent was available, she went to field service without them and that on some of those occasions she was assigned to perform field service with Kendrick.”
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Martinez testified that she had been very active in Congregation activities for nearly 20 years. (6 RT 658, 661)
LOGIC: Another perfect opportunity for Simons to establish his CRITICAL FACT. Just ask Martinez— Wasn’t Elder-assigned-field-service partners the standard order of procedure? Was Martinez ever “assigned” to Candace? Was Martinez ever “assigned” to anyone? Was Candace ever “assigned” to anyone else?— Again Simons decided NOT to ask the critical questions. Logically he had good reasons NOT to ask.
= Logically AOM’s theory does not rescue Simons’ CRITICAL FACT. The 37 holes in Simons’ Brief still glare.