Interesting Commentary in New Statesman Article About Candace Conti

by DT 26 Replies latest watchtower child-abuse

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  DT

  "Accordin' to the Organized to do Jehovah's will book on page 78

  Baptised witnesses are Ordained Ministers, How he gonna beat that ????????"

  I've been trying to bring that out in some comments. Kendrick was an ordained minister who represented the Watchtower Society while going from dood to door. Of course they are going to be liable if they know he is dangerous and do nothing.

  Most religions only have one minister per congregation. Jehovah's Witnesses have dozens. Their legal exposure is astronomical.
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  Diest

  I think you are right, it could be cleaned up. I think that the two convictions that are on each side of Conti's case are the most damning pieces of evidence. It shows in her case that they had done nothing to rectify the problem.
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  binadub

  The interesting thing is that the Watchtower is making the claim that the information between the accused and the elders is "privilaged" under law, even when crime is discovered and there is no privileged 'confession' for confidentiality. The fact is that even in the case of confession and seeming repentence, the elders should instruct the criminals to turn themselves in to the authorities. That is what would demonstrate possible repentence.

  What the WT lawyers also seem to ignore in their defense is that the rank-and-file members are often instructed to not report crimes to civil authorities, in some cases on threat of being excommunicated. The Watchtower covertly promotes the concept that every loyal member of Jehovah's Witnesses is obliged to not report crime--so as to "not bring reproach upon Jehovah's Name."

  I hope this argument is what will lend weight to the defense in these cases. It may be hard to prove without being a written-stated policy, except to the elders, but perhaps some members so-instructed will come forward. That policy of covering up crime has needed to be changed for decades.

  ~Binadub
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  wasblind

  Hey DT , It was because you brought that fact out, I looked it up
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  Diest

  I have to say I hope whoever was molested by Kendrick in 2004 comes forward. It looks like their case is about as strong as it can be.
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  cedars

  I've just spoken to Caroline Crampton on the phone - a lovely woman. I explained the error and she said she'd fix it. She seemed to know straight away what I meant and that this wasn't perhaps what she intended. I made the point of thanking her for the excellent article and thanking her for drawing attention to this important issue.

  Cedars
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  BizzyBee

  Yes, if Kendrick being just another congregant is the only basis of an appeal, they are going to have an uphill battle.

  • The trial already established that Kendrick was in a position of trust - Ministerial Servant.
  • the elders had knowledge of his pedophilia - he admitted that he'd molested his step-daughter
  • The WTS policy outlines, in writing, procedures to be followed including secrecy

  Doesn't the appellant have to demonstrate a valid basis for asking the court to re-hear the evidence? -bring forth either evidence of misconduct or incorrect procedure, etc., during the original trial? Or present new evidence?
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  binadub

  What would be interesting is if the abused ones or their mothers were instructed to not report the crimes to authorities.

  ~Binadub
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  Jadeen

  Had the secrecy around Kendrick’s 2004 conviction not been put in place, that might have been a semi-valid point – demonising a whole faith and community because of individual incidents is absolutely not what this is about. That said, it’s the idea that a church-wide policy enforced the silence that is so disturbing.

  From comments that I've read, this is the point that so many active Witnesses are not grasping. The Watchtower Society policy was to cover up child molestation, not individual Kingdom Hall policy. This came from the top.
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  Quendi

  As I have posted elsewhere, the argument for privilege is completely without merit. Such privilege exists if and only if absolute confidentiality is maintained. That is never the case in a judicial committee action. Notes are taken and records are created and placed in the congregation's files. Furthermore, the WTS itself is involved since copies of those records are oftentimes shared between it and the congregation concerned. That was certainly true in the Conti case as the WTS lawyer knows full well. I would advise her legal team to make that very argument in the appeal, telling the appellate court that since no confidentiality was ever kept in her case, the argument for privilege cannot be sustained and should be rejected on its face.

  Another argument I would use in the Conti case is that since Kendrick had also been convicted of a second offense, he was then forced to register as a sex offender in the state of California. These registrations are a matter of public record, so no confidentiality can be extended in pedophile cases since none legally exists in the first place. As a matter of fact, California has had a sex offender registration program since 1947. The federal government stepped it with its own statutes in 1994, and again in 1996 which also required all states to mandate sex offender registration. I understand that Ms. Conti was suffering at the hands of this abuser while the federal statutes were in force.

  So that means there is no legal basis for confidentiality and secrecy regarding the presence of pedophiles in any community--be it a religious or secular one. The congregation elders and the WTS both are guilty of serious violations of state and federal law and that should be made clear when the case is appealed. There can be no legal or moral justification for the actions of either the elders or the WTS in the Conti case. These facts, combined with the breach of confidentiality and subsequent loss of privilege, should put paid any reason to overturn the lower court's decision. I'll be very much surprised if the WTS emerges unscathed either legally or monetarily, and that's the way it should be. The old Bible adage about sowing to the wind and reaping the whirlwind is about to come true in this case, and I'll be very pleased to see justice being served.

  Quendi

  Quendi