Watchtower Motion to Dismiss - DENIED

by jst2laws 64 Replies latest watchtower scandals

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  jst2laws

  Hello Cat1759

  My case didn't open her eyes but with the quotes and what is going on in this case and the one in Canada I might have a chance for her to finally see the truth. Much appreciation. Cathy

  How could your case not open her eyes?

  This case went to trial in The State vs. Carol Miles. She pleaded guilty to assault and battery, which carries the same sentence as indecent assault on a minor. Matt didn't have to testify. They had cleared the whole court room for his entry. Unlike the elders, the court realized my son was a little human being with feelings. They wanted him to feel comfortable. And guess what? The Judge never asked me to leave. Matt was allowed to sit there right by my side.

  You even got a conviction and your mother was unimpressed?

  Hope this helps

  Steve
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  Big Tex

  They hired a Nashville lawyer for assistance but the "lead" attorney was a top dog from Bethel.

  This is common in cases such as this. This has the advantage of having someone on the legal team who knows the ins and outs of Tennessee law (evey state is just a little different) as well as courtroom procedure. It also helps having a local who can tell you about the judge's idiosyncrancies, likes/dislikes in filings, etc.
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  blondie

  Actually, part of that is that a lawyer needs to be licensed in each state; a NY license is not valid in Tennessee.. It is not likely that the NY WTS lawyers will have a license in Tennessee but can handle cases in connection with a lawyer in Tennessee who is licensed.

  I think that is how Kimberly handles it, she has a license in Texas, but works in conjuction with lawyers in CA (those 4 cases for example).

  Blondie
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  jst2laws

  Hello BigTex,

  This has the advantage of having someone on the legal team who knows the ins and outs of Tennessee law (evey state is just a little different) as well as courtroom procedure. It also helps having a local who can tell you about the judge's idiosyncrancies, likes/dislikes in filings, etc.

  Agreed, The Anderson team has the same arrangement. An excellent local attorney (before this judge often) and Big Guns from out of state taking the lead. There will likely be a motion from the WT for "Summary Judgement" which would be their last chance of keeping this from going before the jury. The evidence seems to be too overwhelming for them to avoid going to court.

  Jst2laws

  Edited to add, Blondie, you are right.
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  DevonMcBride

  WooHoo!!!!!
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  La Capra

  So that whole spiel about ecclesiastical judgments is pretty much from other court decisions. The judge may not be familiar yet with the leading decisions on point for each side's position. It seems that the Anderson's lawyer is trying a new avenue, and relying on whistle blower protections to analogize the damages, and the bad faith conduct, rather than the traditional tort causes of action. It is an interesting theory, one that I can't imagine would have survived summary judgment even three years ago, prior to the Catholic Church problems with child molestation cover ups. The courts may be looking for ways to bring more protection to the powerless who are systematically victimized under the "protections of a church." I hope to see some regular updates. I am fascinated by this new approach. I bet someone pissed his pants when he read the summons and complaint claiming whistle-blower protection violations. Hadn't thought of that one, those boys in Bethel, had they? Shoshana
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  Jim_TX

  A jury trial, eh?

  How ironic that JWs don't sit on juries.

  Good progress being reported. Baby steps.

  Regards,

  Jim TX
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  waiting

  I don't think the complaint is primarily a whistle blower situation, but that ties in. I would think the Courts would be quite familiar with that aspect thanks to the tabacco corporations.

  I think the main thrust of the Anderson complaint rests upon the truth of the matter of what happens to a person's reputation when they're disfellowshipped - particularily a person who fights against the WTBTS.

  ALL JW's will know (in their version of truths) that Barbara & Joe Anderson are fighters against Jehovah God himself....because the WTBTS is God's Organization. Speak against the organization, speak against God. And any person who resists God deserves to be destroyed by God in The Everlasting Lake of Fire - akin to the Hellfire doctrine. That's the basic thought of an apostate - one who fights Jehovah God & His Organization. Yep, we know our WT Bibles.

  Barbara & Joe, Bill Bowen, and I believe ARoarer & her husband (is this correct?) were ALL df'd a week before Dateline - which ties in with the whistleblower aspect. No True JW would put faith in what they said after being df'd.....they were just "disgruntled former members." Even people of other faiths might think that too. It was so obviously a manuver to keep jw's from putting too much trust in the truthfullness of the molestation information - and to ruin the reputations of the Dateline participants. Afterall, how can one of God's people trust a Servant of Satan - apostates are out just to persecute God's True People.

  But what's worse is that by being df''d - ALL those persons reputations were slandered, cannot be repaired in the eyes of their jw families & friends (former). In the closed eyes of JW's - these people belong to Satan now.

  And the pompous WT lawyer stands up and tells the judge....yep, that's the way it is.....and we can do it because we're a religion.

  Hopefully, the WTBTS will be made to stop destroying people in the Name of God.

  waiting
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  cat1759

  Jst2laws, My family, (dad elder, mother pionerette + little elderette) felt that if I had faith in Jehovah i would wait on Jehovah to take care of this in due time. Just like moving to where the need was great in 1975. My parents lived 800 miles away and both families were up in arms because of my lack of faith. I was considered faithless, rebellious, obstinate, inconsiderate of others feelings, there was a larger picture than just my three year old son. I needed to look at the bigger picture and when the elders didn't disfellowship her they felt I was in the wrong, I didn't allow them the freedom to use God's holy spirit. My dad is the only one who stuck up for me, making phone calls to elders up here to plead on my behalf, hence nothing was done to me in the way of disfellowshipping. This took a toll on my father as he started to see the things that were happening and realized there was a major flaw in the way they handled my case as the State Dept convicted her of the crime. My mom has asked me to move to Maine with her to preach the good news and she feels that her influence will be strong enough to bring me back into the fold now that my father is gone and I don't really have anyone outside of my children. My last child graduates in May and is off to college next Sept. I have no plans on moving to Maine, maybe a move to Wyoming or Mississipi is in the making but at this point who knows where I will end up. There are 51 other states without my mother there and I do love her but religion is not something we agree on. The case presented was because of Dateline and my mother has watched that for years and believes all that comes up on that show as the gospel truth. I figure if I collect enough information she will begin to see the whole picture. If she doesn't I know that my life course will be detrimental to her way of thinking and I wont be the worth saving in her book. The light will shine no matter what a person believes because eventually the truth will always remain the truth and the lies will become known. I just have to have faith. Cathy
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  jst2laws

  Hello La Capra, Your schooling in law is showing.

  It seems that the Anderson's lawyer is trying a new avenue, and relying on whistle blower protections to analogize the damages, and the bad faith conduct, rather than the traditional tort causes of action.

  I think Waiting is right. This is a tort case but not so traditional. Maybe you have moved along in your studies enough to explain this but there was a little in the transcripts that suggested that this is not a true whistle blower case. But the charges of defamation, collusion and fraud resulted from the actions the WT took to silence or at least discredit them. If you have some insight into how this works, and if the whistle blower laws only apply to actions taken against employees, even though it may not apply to this case I would be interested in understanding them better. Waiting,

  I think the main thrust of the Anderson complaint rests upon the truth of the matter of what happens to a person's reputation when they're disfellowshipped - particularly a person who fights against the WTBTS.

  Yes, that is what they are going for. I hope count 8 on wrongful disfellowshipping makes it all the way to judgment. But even if the jury shies away from it, the WT made another mistake that they will not escape. Although a Church is generally viewed as free to do what it wants to its parishioners without review by the courts, the WT removed this from private church matters when they made statements to the media that called into question the Anderson's morality. It will be argued in court that this was an act of public defamation that is not protected by 'ecclesiastical abstention". But ideally they will stick to the reality that the WT used its religious authority (rather than discipline for a spiritual sin) to conspire, lye, and unlawfully execute the Andersons by disfellowshipping just to hide their negligence and deviance in handling thousands of cases of molestation. Steve