You can now download (pdf) Plaintiff's Response to WT's Request for a New Trial

by AndersonsInfo 36 Replies latest watchtower child-abuse

  • Scott77
    Scott77

    "... but the Organization deserves this egg on their face because they wouldn't SHUT UP about the Catholic scandals..."
    Mr. Falcon

    Are you implying that the Watchtower Society of Jehovah's Witnesses is using the Catholic Scandal to win a favorable court judgement? Iam just curious.

    Scott77

  • Balaamsass
    Balaamsass

    Great read boils the case down to a few pages! Thanks!

  • Gayle
    Gayle

    So when does the Court have a response to this? Is it Aug 13? So does the Court accept or deny any furtherance and what does that mean? Thank you for all your help and updates.

  • PaintedToeNail
    PaintedToeNail

    Reading this was incredible. The amount of willful misrepresentation on the part of the Watchtower Bible and Tract Society is truly astonishing. To think they have the gall to require that every one of the rank and file to be overly truthful, even on such a stupid thing as the question "Honey, does this make me look fat?" to avoid being like the father of the lie, Satan, and then they do everything to get the elders to lie on the 1989 letter and other things, is a mark of their utter hypocrisy.

  • Band on the Run
    Band on the Run

    I read the brief prepared by Conti's lawyer and read a fair portion of the WT brief. My task was to put aside my personal feelings toward the WT and what I think of churches covering up sexual abuse aside and focus on the legal arguments. With the potential direct damages at stake, I am at a lost as to why the WT did not hire a better lawyer. Simons' legal writing is a pleasure to read. He is clear and concise in his arguments. This brief is everything first year law students are taught to emulate. Granted the issues are more moving than the work I did but I am pleasantly surprised at how good it is.

    Of course, I am not going to read the actual cases cited in the briefs. The WT appeared to waffle. Simons was so clean. I thought, too, that he was succint. There was no excess verbiage.

    I am very biased. The WT's lawyers' work is not horrendous. Part of me wonders if the WT did not view this case as a brief skirmish. It seems as though they expected a negotiated settlement. From personal litigation and observing clients, I can well understand why most litigants settle. I did. You know your exposure. Cash is soon in hand as opposed to many years down the road. You can order your affairs once you have some certainty. Trials are very stressful. In most cases, I would prefer a judge as the fact-finder. Juries repeatedly reject what seems so obvious to lawyers. This is precisely the case that calls for a jury. They stood as members of a community and expressed their outrage over WT's conduct. They were not hardened by constantly seeing sad cases.

    I expected that the playing field was not equal in terms of lawyering. Believe me, I am discounting my gut feelings so much to be honest.

  • PaintedToeNail
  • traveb
    traveb

    For any active JW's who regularly donate reading these case documents should chill them to the bone. I haven't dropped cash into a box in a long time now but one of my biggest regrets is all the money I've donated in the past when I was still a true believer. The WTS comes across as just so arrogant, almost spiteful really. It's like they can't believe someone would have the audacity to sue them and actually WIN. In their minds it cannot possibly be their fault, it has to be the elders/parents/prejudiced jury. It's really sickening.

    On a more positive note, if I'm ever involved in a civil case I want Richard Simons on my side!

  • Honesty
    Honesty

    Plaintiff's Response to WT's Request for New Trial:

    To access the document click on "Register of Actions" in the far left-hand menu and scroll down to the very bottom.

    It is dated 08/02/12

    http://apps.alameda.courts.ca.gov/domainweb/service?ServiceName=DomainWebService&TemplateName=jsp/complitcase.html&currBatchNbr=1&caseID=4907803&CaseNbr=HG11558324

    No downloading required.

  • Scott77
    Scott77

    '...It's like they can't believe someone would have the audacity to sue them and actually WIN...'
    traveb

    Part of my feelings are that, the Watchtower society of Jehovah's Witnesses used to win court cases in the past. As a result, they developed a feeling that future court cases will be likewise, won with relative ease,thank to Jehovah's backing. Unfortunately, that is not the way things looks like today. The previous court victories at the US. Suprem Court level were limited to defending their right to worship their god without interferences from secular authorities. Like Amish communities, most judges defered to their wishes. However, today, its all about the majority society being the victim. The Watchtower has brought harm to the children of society. Like a hardcore drug addict, the Watchtower does not realise that the ground has shifted significantly against them.

    Scott77

  • Band on the Run
    Band on the Run

    I've read about their past victories, which are enshrined in American const'l law. First, they were severely persecuted around the turn of the century. Their refussal to serve in WWI and WWII brought every right winger against them. The Catholic Church was clearly very upset with the Witnesses,more than Protestant churches. When I active, most converts were former Roman Catholics. In those days, Catholics never had any idea what was in the Bible while Protestants were properly educated.

    Their big victories were First Amendment cases. The ACLU submitted amicus briefs. I believe Jewish civil rights groups also submitted amicus briefs.

    Here, they are outlaws. NO civil rights are denied to the wT. The WT is the powerful bully here not a small, weak religion outside the confines of American society.

    Most Americans believe in First Amendment rights strongly. There may be confusion about where to draw a precise line in individual cases but 97% of Americans must believe that the First A. protections religions from government persecution. When you read those cases today, the govt. conduct was outrageous.

    99.99% of Americans are very emotionally opposed to pedophiles and any protectors. We now believe pedophilia happens and happens frequently. Prisoners esp hate and murder pedophiles. Murderers and rapists hate them. Society has zero tolerance. The Roman Catholic experience shocked parishoners. People could no t believe the church would ever be so rotten, even after the BOrgias, Pope Joan, and the antiPopes. time proved the victims were telling the truth. Whatever slight tolerance people had for churches was sucked up by the Rc scandal. Finding the correct line for First A. cases is important but people have an instinctive, evolutionary need to protect children. People can identify with rage that causes murders. Few can identify with someone raping a child. The overwhelming majority of adults have no sexual drive towards small children. It is alien to them.

    A slight part of me feels sorry for pedophiles. It must be very hard to live with it. Every whim cannot be indulged in society. IN the grander scheme of things,any doubt should go to children, who are defenseless. It is impossible for children to prey.

    Most lawsuits are settled. Unless the facts are totally outrageous, it is cheaper for defendants to settle. Trials are very expensive for teh litigants and society. Every state and the federal govt have very active rules that encourage settlement. The trial calendar is too clogged for any but the most compelling cases.

    This happened after September 11th. The settlement fund set up by Congress' compensation was far less than a jury award would be. Congress gave the survivors' the ability to ignore the settlement process and go to trial under negligence theories. Very wealthy people who had millions did not accept the settlement. They could afford the risk and waiting for ten years. New Yorkers will never forget those days. WEalthy peopole and others needed cash now.

    Also, just doing the depostions and consults with Simon probably re-trauamtized Candice deeply. She did not want to discuss any details in the Six Screens interview. When another victim was on the line, both were in tears just talking about abuse in general terms. Many rape victims just want to go on with their lives. Candice has extraordinary courage. Society wrong place shame on victims. She knew the Wt would paint her a young child hussy with a fanciful imagination. She has paid a high price, regardless of her individual monetary award. The Wt could longer see child abuse as a monetary negotiation.

    I suspect the WT has paid vast sums to victims. During the Six Screens call, I asked her if she could or should reveal a ball park estimate of how much the Wt was willing to pay in the first negotation. She did not answer. This is the very first time the process has had any transparency. It is no longer a closely held secret.

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