Announcement: Another favorable court ruling regarding Napa County lawsuit

by AndersonsInfo 114 Replies latest watchtower child-abuse

• 

  Stephanus

  Ever heard of NAMBLA?

  I always wanted to join, but I don't look like Marlon Brando.

  Wait - you don't mean the other NAMBLA?? Grrr, wait 'til we get those guys!
• 

  Scully

  There are some gems in these documents!!

  1. Penitential Privilege

  Evidence Code section 1032 provides:

  As used in this article, "penitential communication" means a communication made in confidence, in the presence of no third person so far as the penitent is aware, to a member of the clergy who, in the course of the discipline or practice of the clergy member's church, denomination, or organization, is authorized or accustomed to hear those communications and, under the discipline or tenets of his or her church, denomination, or organization, has a duty to keep those communications secret.

  I guess this means that Judicial Committees™, under the terms of this code, can not ever fall under the jurisdiction of "penitential communication", because the WTS's policy requires that three elders form the committee.
• 

  Hoping4Change

  Nope, never heard of it. ick. Still, I thought even if there was some kind of claim to consent, aren't sexual relations with a minor still considered 'statuatory rape'?
• 

  Axelspeed

  the elders would be hanging high not the WTS.

  I agree. Current elders take note.
• 

  Stephanus

  I guess this means that Judicial Committees™, under the terms of this code, can not ever fall under the jurisdiction of "penitential communication", because the WTS's policy requires that three elders form the committee.

  Watch for the appearance of "Confessional" booths at Kingdom Halls...
• 

  Scully

  the elders would be hanging high not the WTS

  That has been the MO for a long time.... "protect the mother ship at all costs". It's kind of sad that some sincere JW elders (there are a few among the throngs of b@$t@rds) are going to get thrown to the wolves like this. The Watchtower Society really Loves™ the Brothers™, don't they?
• 

  sammielee24

  Excellent, excellent, excellent! Just read the whole thing and this might turn into a tidal wave. As was stated, the local congregation reports the persons name, the crime and a few other pertinent bits of information on to the GB. This means that the sociey can be pulled in and held accountable because they had knowledge of the crime and would have done nothing if in fact it is proved they gave no instruction or direction. If the BOE letters state that the congregation elders are to let the society know ie; report to them the persons crimes as such - that proves direction comes from the top down and where does it say to report the issue to anyone other than the watchtower? Pulling the JC apart from the clergy/confession is fantastic and has the ability to change everything. They report that the JC is actually like a counsel or confession more than investigative and punishment which given it's very name of judicial committee is ludicrous. In the case of Cano, I have to believe that the speed of which they disfellowshipped him, there was no counsel - it was a JC for punishment. I agree with posters before that the watchtower has tried to pull away from a legalistic relationship with the elders - this will have to be enforced and mandated now if it hurts the society. What elder in his right mind would stay if he is open to exposure for anything he might counsel - even if he truly believed in what he was doing? swife.
• 

  doinmypart

  So does the Superior Court's order stand, or can the WTS appeal to the California Supreme Court?
• 

  Justitia Themis

  Is there such a thing as a 'consenting minor'? I guess I wasn't aware that it would ever be ok for a minor and an adult to have sexual relations. Is there such a viewpoint from a legal point of view? A 17 year old and an 18 year old.
• 

  Jourles

  OK, let's break this down....

  1. WTS states that they do not have "jurisdiction" over California.
  2. The WTS claims penitential privilege in refusing to turn over "penitential communications" to the plantiffs.

  And here is what the court found:

  Regarding item #1 above - The WTS materially engages in three primary activities in the state of CA. These three activities are, the Kingdom Hall Fund, the Kingdom Hall Assistance Arrangement, and the acquisition and sale of real property. The KH Fund is a program that provides loans on KH property. The mortgages are secured through the financed property. Also, the WTS charges interest on these loans.(Deut. 23:19)

  The KHAA is an insurance program designed to help cover substantial losses to KH's. Although this program is termed "voluntary," ALL California KH's use this program. The congregations are sent invoices to pay their "contributions." The court characterized the collection of this money "as insurance premiums, regardless of how they are labeled by the defendant."

  The WTS has also received a substantial amount of monetary gain through the acquisition of real property. Many witnesses have donated their estates to the WTS upon death. Some of these properties have remained in the WT name, while others have been sold.

  Regarding item #2 above - The evidence submitted by both parties "establishes that communications with the Judicial Committee do not fall within the scope of the privilege." A winning point for the plantiff's read: "In fact, the evidence establishes that the Judicial Committee was required to communicate information it obtained regarding potential cases of child molestation to the Watchtower Society Headquarters." This is the most damaging statement found in this motion. This alone shows that the WTS sat on this information rather than handing it to the proper authorities.

  There is plenty of other nuggets in those pages, I'll let someone else bite off a little too.