UPDATE ON VICKI BOER CHILD ABUSE TRIAL /SEPT 13

by hawkaw 35 Replies latest watchtower child-abuse

• 

  hawkaw

  I am saddened to report Barb Anderson and Dr. James Penton will NOT testify at the trial.

  However, even better. Penton wrote a lengthy letter and Barb did a 30 page document as well.

  Both documents have been accepted into evidence by the Judge and WILL be reviewed by the Judge as part of her written decision. This means the documents WILL NOT undergo cross-examination which is a good thing.

  So if you ask me - a partial victory.

  There is more happening that I cannot discuss that is going Vicki's way - stunning stuff actually.

  I am so proud of a number of you and a couple who I cannot name.

  Again thank you kindly Dr. Penton and Barb.

  Remember this is a trial and even if it is looking good right now things can change on a dime.

  I have gone from a 40 percent chance up to a 49 percent chance for a Vicki win but oh man this is a tough case. Add a bad case of bungling lawyers to the mix and well ....

  I will be going to the trial on Monday morning. Hope to see a few of you there.

  hawk
• 

  expatbrit

  Thanks for the update Hawk.

  Is it just me, or is the judge admitting evidence into her private review significant? It seems to indicate that she has run out of patience with the Watchtower lawyers and their irrelevant character smearing disguised as cross-examination. Maybe I'm barking up the wrong tree, but surely if these witnesses were not relevant to the case as the WT claims, she wouldn't admit their evidence at all.

  Unfortunately I couldn't make it to the trial this morning, but will be there on Monday a.m. Look forward to seeing you there.

  Expatbrit
• 

  Eric

  hawkaw,

  As I understand it, it is a shame that Penton and Anderson's testimony was introduced in a way that could be successfully attacked on a procedural technicality by the WT lawyers. In a jury case this is exactly the sort of thing that can linger and play on a jury's collective mind.

  But we're dealing with a Judge here and she, while having to rule on the letter of the law, won't lay any doubt on Vicki Boer for that.

  Monday is still a go for me, I will be down at the courthouse early, and I look forward to meeting you.

  Eric

  p.s. We both have our e-mail locked, and likely for the same reason, spam avoidance. E-mail me, if you see fit, at [email protected]
• 

  hawkaw

  Eric,

  You will see me near Vicki. There will NOT be a whole lot of us. I cary a big ass brief case so you wont miss me.

  Court starts at 10:00 am

  I just got off the phone from Scott.

  The evidence of the plantiff's side is done. They had the Children's Aid worker testify today and apparently bitch slapped Defence Counsel good a couple of times. She made the point - whether Vicki was an adult or child at the time of her report to the elders, the elders still had to forthwith notify Children's Aid because of the potential of other children being hurt by the man.

  We are all kinda reeling that the two really good witnesses will NOT testify - Barb and Jim. But what can you do. At least their statements are in but ... I don't know. I don't want to take shots at counsel during trial - this is tough enough as it is.

  Defence counsel is acting very angry and trying to smear a lot people. But that is what they get paid for.

  But I think with the elders testifying we may have shown the existance of a fiduciary relationship between the elders and regular JWs. Of course you have the judge to thank for asking what Matt 18 is all about. For some reason - unknown to me - Mr. Mark never really told the Judge what Matt 18 was all about until a few days in the trial when the Judge herself asked one of the elders - unfriggen real!!!!!

  Now Monday we shall see the defence's case. You may see the Defence counsel call the alleged sexual abuser, Mr. Power to the stand. Yep, you read that correctly. The idea of course is to blame dad for Vicki's problems. Thus, the watchtower believes he is more responsible and thus, he should bear the majority of the 700,000 dollar pay out to Vicki. Thus, the Watchtower, if found liable, would be only partly responsible in this case and thus, pay less money out to Vicki.

  Of course from where I sit, the win is more important than the money seeing it is a precedent case. But from where Vicki sits, I believe she should get the entire friggen Bethal and every single other piece of real estate the Watchtower has in Canada.

  You will see at least 2 of the accused elders called to the stand. There is talk of trying to discredit Vicki with a number of witnesses. I suspect they will call JWs to blame her and say she did do this and went here to seek help when she toldthe court she would not etc.....

  If there was ever a day to come and support her I think Monday is a big day!!!!!!

  hawk
• 

  Had Enough

  Thanks for the update Hawkaw:

  I am really upset that I could not get in to TO to be at the trial today. I would have loved to have seen the CAS worker in action "bitch-slapping" the Defence Councel.

  Plus, after witnessing yesterday's events with the Defence Councel trying to smear Frank Mottrell's character and the Judge snapping at the Defence Douncel for his tactics, I wanted to see Frank vindicate himself today, and at the same time do some smearing of his own with the facts, not with innuendos, half-truths and suggestive remarks like Defence uses . He made some damaging testimony yesterday with his descriptions of the two elders, Brown and Cairns, of their conflict with himself and the other elders. He was very clear on showing those two as being more interested in not reporting the abuse to "save the sinner" (the abuser) than obeying the law of reporting and showed no concern for his fear that this treatment was damaging to Vicki. His smear campaign against Frank seemed to be insignificant up against the points he made about the jealousy and conflicts at Bethel between the Service Dept and the Legal Dept when they were advising the elders about this case. My impression was that it made Bethel really look bad to non-JW onlookers and hopefully planted some seeds in the minds of the JWs in the audience as well.

  I'm so sorry to hear Jim won't be testifying...he came such a long way and he could have contributed so much. I'm sure his background knowledge would have painted a very clear picture of the inner workings of the hierarchy and his answers to the cross-examination of the Defence Councel would have caused a few more soiled drawers in the audience.

  From what I have seen of the Judge, she seems to be very fair-minded and the info from Barbara and Jim should be an asset to help her see the control this org has wielded and the effect it has had and still does have on the elders and the ordinary rank and file.

  I was glad to talk to Vicki for a few moments so that she knew some were in the audience cheering her on. (In fact it was very hard not to jump up and audibly cheer when the Judge severely chastised the Defence Councel on Friday for his smear campaign on Frank Mottrell) lol

  the watchtower believes he is more responsible

  Well this statement isn't a surprise is it? This is the pattern they have followed down through the years with every mistake they make....it's always someone else's fault.

  I plan on being there myself on Monday and look forward to seeing everyone else who can make it as well.

  Had Enough
• 

  sunshineToo

  {{{{{{{{{{{{{{{{{{{{{{{{{{{{hawkaw}}}}}}}}}}}}}}}}}}}}}}}}}}}}

  {{{{{{{{{{{{{{{{{{{{{{{{{Vicki}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}

  Thank you, hawkaw, for your update.

  You may see the Defence counsel call the alleged sexual abuser, Mr. Power to the stand. Yep, you read that correctly. The idea of course is to blame dad for Vicki's problems. Thus, the watchtower believes he is more responsible and thus, he should bear the majority of the 700,000 dollar pay out to Vicki. Thus, the Watchtower, if found liable, would be only partly responsible in this case and thus, pay less money out to Vicki.

  I assume that he is not a jw anymore. I have to say that this is very dangerous step for the WTS. This might upset all those alleged jw abusers for the WTS's turning on them. I guess it also will make the alleged-abusers stick to the org even more so; otherwise they would get dumpped at the court of law.

  Good luck to all next week!

  {{{{{{{{{{{{{{{{{hugs and kisses}}}}}}}}}}}}}}}}}}}
• 

  Had Enough

  Does anyone know if Frank Mottrell (sp?) finished his testimony today?

  And if so, how did it go in light of yesterday's smear campaign attempt by the Defence Councel?

  Thanks,

  Had Enough
• 

  Simon

  I really hope this goes well ... thanks hawkaw for all you've done and for keeping us updated.

  Please pass on our best wishes to all concerned (esp. Vicki)
• 

  Nathan Natas

  I'd like to express my gratitude to Hawkaw for keeping us up to date on these proceedings.

  It is a disappointment that Jim and Barb did not get to testify, but I'm sure when the Judge considers their written testimony in the undisturbed quiet of her chamber she will benefit greatly.

  How long is this trial slated to run?

  Why is the Watchtower so damned afraid of Jim and Barb?

  Was Vicki's Dad named as a defendant? If not, he can't be found responsible for ANY portion of an award, should one be granted.

  Please let Vicki know that there are many of us out here hoping for her triumph over the powers of darkness in this world.
• 

  waiting

  Why is the Watchtower so damned afraid of Jim and Barb?

  Lol................ Why, indeed.

  Thanks - a Big Bunch - to Hawk for keeping up informed. We need it. I can't imagine how tiring this is for everyone involved. I honestly don't think my nerves would take it, at least not without "legal" drugs.

  Best wishes to y'all.

  waiting