Wednesday morning brought Thomas Jefferson Jr. right back to the
witness stand, but not before Spring Grove defense attorney Jud Arron
strongly objected to the presence of Detective Lisa Layden, who was
scheduled to testify the next day. Aaron cried “Unfair,” claiming that
the presence of the detective on day 2 would affect her day 3 testimony.
Judge Collins rejected the sequestration order and stated “I’m done
with this issue, I’ve ruled on it. It’s a clear issue.”
Trial resumes with Plaintiff’s attorney Gregg Zeff calling attention
again to Exhibit 18B, the July 1, 1989 elder’s letter on
confidentiality. Watchtower attorney John Miller immediately objects on
“First Amendment” grounds, but is overruled by the judge. Zeff looks at
Miller, then the judge, and says “First Amendment your honor?” – Judge
Collins tells Zeff to move on. Zeff grills Jefferson on the meaning
behind the letter, the intended secrecy and confidentiality, the
prevention of lawsuits due to “misuse of the tongue.” Zeff makes his
point, and Jefferson is left offering no concise explanation.
The subject now changed to the persons in charge of Jehovah’s Witnesses:
Zeff: Do you remember when I asked you for the names of the humans?
Jefferson: I do
Zeff: You didn’t give me the name of any, did you, sir?
Jefferson: I did not
Zeff: Is the reason you didn’t give me the names of any humans is because they’re secret?
Jefferson: No. The answer to that question —
Zeff: That’s all I asked you, sir. Is the reason you didn’t give me the names of any humans is because you wanted to protect them from lawsuits?
Jefferson: No
Zeff then re-introduces Jefferson’s prior testimony on the matter of whether Witness elders are clergymen:
Zeff: Do you remember earlier in the questioning
I asked you about this statement: Clergy must report sexual abuse of
children to protect the victim from additional harm?
Jefferson: I do, counselor.
Zeff: And your answer was you could not agree with that?
Jefferson: That’s correct, counselor.
Zeff: And you said you couldn’t agree with that because elders are not clergy. Is that a fair statement?
Jefferson: That’s a correct statement.
Zeff: Okay. What is your definition of clergy?
Jefferson: Clergy meant, as I understand it, are those who are recognized, if you will, as the leader of a church or an organization and that is something that elders are not.
Zeff follows up by displaying Websters dictionary on screen, then says:
Zeff: Can I show you Webster’s
Dictionary’s definition of elder and see if you agree with that? The
first definition is a group of ordained to perform pastoral or
sacerdotal functions in a Christian church. Is that a reasonable definition of a clergy?
Jefferson: I don’t know the answer to that.
Zeff now proceeds to connect Jehovah’s Witness elders to the clergy using Jefferson’s own words:
Zeff: Can you define for me what an elder is?
Jefferson: Sure. An elder is a man who is appointed
by means of the Holy Spirit to care for the interests of the sheep
entrusted to him. Those responsibilities are described in various places in the Bible. For example, first Peter 5, one and two,
where elders are urged to care for the interests of the flock entrusted
to them.
Zeff: Elders act as shepherds in the local congregations?
Jefferson: They do.
Zeff: And provide spiritual education and assistance from the Bible to congregants?
Jefferson: They do
Zeff: And they oversee the congregational meetings?
Jefferson: They do
Zeff: And they lead?
Jefferson: They take the lead also.
Zeff then brings up confession, and forces Jefferson to admit that
elders are responsible for listening to confession from members of the
congregation.
Zeff: And elders then receive confession of sort?
Jefferson: Elders listen to the confessions of those who may have been involved and wronged, yes.
Zeff now calls up on screen the definition of clergy once again:
Zeff: Looking at that the rule one more time,
I would just like to know if you have changed your answer at all or if
you think elders are clergy?
Jefferson: NO
Zeff digs deeper into the Jehovah’s Witness judicial process,
hammering Jefferson with questions about the function of a judicial
committee of elders.
Zeff: So wouldn’t your judicial committee, your
rules, and by you, I’m not even sure who I’m talking about. Who is it
that tells the elders, this is how a judicial committee should operate?
Is it a governing body?
Jefferson: A group of spiritually qualified men, who
remain anonymous, are selected to prepare material that’s reviewed and
approved by the governing body. And then after that, it is published.
Zeff: So these anonymous men have told the
elders that when there’s a matter that needs a judicial committee, here
is how the committee should be set up, here is who should be on the
committee, and here are the types of things you should look for. And
once you’ve done that, here is what you do if wrong has been committed. Is that a fair summary?
Jefferson: Not totally.
Zeff: Okay. Didn’t think so.
Zeff presses the uncooperative Jefferson further, asking him to define what the S-77 form is, to which Jefferson replied:
“S-77 form is a document that’s used to report concisely the events of that judicial hearing.”
It is of interest that his answer was misleading, as the S-77 is the
“notice of disfellowshipping or disassociation” – filled out when the
outcome of a judicial hearing is disfellowshipping, or if a person
formally disassociates themselves. The form itself states:
“It is not necessary to provide a summary of the case. If
anything of significance regarding the case needs to be shared with the
branch office, please do so in a separate letter.”
Jefferson’s testimony was utterly confusing, filled with misleading
and inaccurate data; he was placed on the witness stand by Watchtower’s
own legal department, yet was self-destructing with every word. The jury
appeared confused by his remarks, his demeanor, and his inability to
answer simple questions without offering long-winded verbal detours.
Attorney Zeff now turned his attention back to the July 1989 confidential letter to elders:
Zeff: We talked briefly about section D, which was
the child abuse, many states have child abuse reporting laws. When
elders receive reports of physical or sexual abuse of a child, they
should contact the society’s legal department immediately. Victims of
such abuse need to be protected from further danger. That’s what it
says?
Jefferson: That’s correct, counselor.
Zeff: In this document anywhere does it discuss how to protect children?
Jefferson: I’m not aware of any place in the document.
Zeff: But it does tell you to keep as many things secret as possible, doesn’t it?
Jefferson: It does urge confidentiality, counselor, correct.
You Can’t Have it Both Ways, Watchtower
It is of great interest that the Watchtower organization urges elders
to maintain confidentiality, when they legally impale themselves by
breaking confidentiality the moment they share a confession with other
elders. In the Fessler case, there were at least ten elders and others
who were informed of the allegations of sexual abuse, not to mention
those in Watchtower’s legal and service department who learned of the
case from local elders. Watchtower attempted to claim clergy privilege
to protect themselves, but this was denied multiple times by the court.
Evidence was presented that no confidentiality was maintained
whatsoever.
Explained legally, Watchtower is subject to the legal principle of estoppel. This axiom bars a person from claiming one position, then intentionally taking the opposite position
when it suits their legal case. Using Fessler versus Watchtower as an
example, the defense adamantly attempted to use clergy privilege from
the outset, yet denied in court for two straight days that elders are
clergymen.
In lay terms, this means you can’t have it both ways.
During further intense questioning of Jefferson, Zeff pointed right back to the July 1989 letter to elders and asked:
Zeff: Let me break the question up for you. Wouldn’t
you agree with me that an elder who has limited knowledge of child
abuse laws, limited knowledge of criminal law, would have a difficult
time understanding the difference between keeping it secret and going to
the police based on this document?
Jefferson: If I answer about an elder’s limited knowledge, I’d only have to speculate. So I don’t know the answer to that question
Zeff: Sir, you’re here on behalf of Watchtower
and the Christian Congregation to talk about the documents and the
instructions that you’ve given to them. Would you agree that that’s
confusing?
Jefferson: No, sir.
Zeff: Crystal clear to you?
Jefferson: Quite.
Zeff: And would you agree with me that the legal department, when called, should know the law in every state?
Jefferson: Again, I can’t speak for the legal department, counselor. I don’t work there.
[Now bear in mind that Jefferson has testified that he is here on
behalf of a request from the Watchtower and CCJW legal department,
leaving one to wonder how it is possible that Jefferson has no clue that the legal department is aware of state laws regarding mandatory reporting]
Zeff: Well, in writing this document, isn’t there
an assumption by the Watchtower that the legal department is going to do
the right thing by state law?
Jefferson: As for assumption, again, I can’t
speculate, but what I can say with a fair degree of certainty is that
when elders follow the instruction in this letter or other letters and
call the legal department, they will receive appropriate legal advice.
Zeff continues his line of questioning regarding the Fessler case,
and states that he has no knowledge whatsoever of the two Spring Grove
PA elders, Eric Hoffman and Donald Hollingworth, except that they may have called Watchtower’s legal department. Referring once again to the July 1989 letter to elders, Zeff asks:
Zeff: There’s nothing in that document that says do what’s in the best interest of the child, is there?
Jefferson: I don’t believe that statement appears in the document, counselor.
Zeff: There’s nothing in the document that says when in doubt, protect the child?
Jefferson: That statement doesn’t appear in the document, counselor, no.
Zeff: Is there any document that you’re aware
of that’s given to elders in the United States that says elders
shouldn’t lose sight of the fact that victims urgently need to be
protected from further abuse and that abusers need to be prevented
from finding other victims?
Jefferson: Counselor, several documents which
you’ve shown here have been printed. I can’t point to any specific one
in response to your question. My memory doesn’t bring up one right now.
Zeff: Will you agree there’s no instruction in
any Watchtower or Christian Congregation document that says if there’s
an allegation of sexual abuse, contact an overseer?
Jefferson: If there’s an allegation of sexual abuse, contact the overseer. I’m not aware of that specific statement, counselor.
Zeff then draws Jefferson’s attention once again back to the July 1, 1989 letter to elders, where child abuse is mentioned.
Zeff: I want to take you to number four on
this document. It says: “Child abuse is a crime. Never suggest to anyone
that they should not report an allegation of child abuse to the police
or other authorities.” So that says, correct me if I’m wrong, that
elders should never say don’t report it. That would be wrong.
Jefferson: That’s correct, counselor.
Zeff: Then it says: If you’re asked, make it
clear that whether to report the matter to the authorities or not is a
personal decision for each individual to make and that there are no
congregational sanctions for either decision. So it says, if you’re
asked there, and I presume that these authors chose their
words carefully… Do you know why they said if you’re asked instead of
tell them?
Jefferson: I don’t know why it was exactly worded
this way, counselor. I was not a part of the group that composed
the letter, so I would only speculate to say why they might have worded
it that way.
Zeff: So on behalf of Watchtower and
Christian Congregation, your answer is why they ordered it that way is
you don’t know because it would be speculation?
Jefferson: I don’t know exactly why the author worded it that way.
Zeff continued his questioning, with Jefferson only able to state that Watchtower’s position is “Never tell anyone that they can’t report it.” and “If they ask you, by all means, please do what you feel is right and report it, if you feel you should. ” Zeff continued:
Zeff: Would you agree with me that this instruction does not inform elders that they must, in Pennsylvania and Maryland, report suspected child abuse?
Jefferson: That’s a correct statement, counselor.
The Anonymous Men
Concluding his examination of Watchtower representative Jefferson,
attorney Zeff probes Jefferson as to the very source of the judicial
rules governing Jehovah’s Witness elders:
Zeff: And the rules that are followed by the elders relating to the judicial committee come from whom?
Jefferson: As stated, a group of men, spiritually
mature men are appointed to prepare this material under the direction of
the governing body. And after it is approved, it is published.
Zeff: And they’re anonymous?
Jefferson: The are.
Zeff: And do you know whether any of these anonymous people have any qualifications of any kind to deal with issues of child abuse?
Jefferson: If they’re anonymous and I don’t know them, then I don’t answer that question
Zeff: I have nothing further, thank you, Your Honor.
Following two days of examination by the plaintiff’s counsel, it was time for the defense to cross-examine Mr. Jefferson.
Jefferson Cross-Examined
First up was Jud Aaron, a non-Jehovah’s Witness attorney representing
the Spring Grove Congregation of Jehovah’s Witnesses. Mr. Aaron began
his questioning by referring to the state mandate for clergy to report
suspected child abuse:
Aaron: “Clergy must report sexual abuse of children
to protect the victim from additional harm. And yet there was some
questions about it.” If I were to substitute the word clergy, remove the
word clergy and put Jehovah’s Witnesses elders, let me read it.
“Jehovah’s Witnesses elders must report sexual abuse of children to
protect the victim from additional harm.” Would you agree with that?
Jefferson: I do in certain areas of municipalities and so forth, yes.
This brief and bizarre exchange echoed the earlier line of
questioning in which Jefferson refused to acknowledge that Jehovah’s
Witness elders are clergy, which in his mind exempted him entirely from
answering these questions. Incredibly, when Aaron substituted “Jehovah’s
Witness elders” for “clergy,” Jefferson still suggested that elders
only have the obligation to report “in certain municipalities.”
By now, most readers will have thrown a brick through their computer
monitor, or discarded their smart phone in the nearest lake when reading
the lengths to which the Jehovah’s Witness organization will go to
protect their own interests, instead of those of the victims of abuse.
Their destructive doctrines are stuck like barnacles on a sinking ship,
and Watchtower has no desire to scrape free the decades-old
requirements which have ruined the lives of thousands.
As Aaron continued his examination of Jefferson, he restated the
policy whereby elders were required to contact Watchtower’s legal
department in cases involving suspected abuse. However this line of
reasoning was ineffective, since it was clear that Jefferson was
defending an organization which fails to report abuse as a practice, unless they would receive sanctions and penalty for not reporting the matter in certain “municipalities.”
Mr. Aaron further attempted to minimize the child abuse issue when he
questioned Jefferson on his experience in handling child abuse cases:
Aaron: And in the 35 years that you’ve sat on judicial committees, about seven congregations of Jehovah’s Witnesses, have you sat on one that involved allegations of child sexual abuse?
Jefferson: No.
As an added “strategy”, defense attorney Aaron went so far as to
imply that since there were only five lines (dealing with child abuse)
out of six pages in the July 1 1989 Letter to elders, the relevance of
this letter was minimal, and that it was not intended to protect child
abusers. Aaron then asked Jefferson to testify about the nature of the
multitude of Watchtower and Awake! articles on a variety of subjects,
including child abuse.
Aaron: Let me ask you something, Mr. Jefferson,
why do these publications, the Jehovah’s Witness publication, Watchtower
magazine, Awake magazine, why do they address repeatedly the issue of
child abuse, sexual abuse, physical abuse, that type of
thing you just referred to?
Jefferson: Because in society in general, many,
many people are adversely affected by the crime of child abuse and it’s
the desire of the organization that I’m a part of to do everything
possible to make people aware of this horrible, heinous crime and to
do everything possible to help victims first of child abuse
and to assist them and assist their parents to shoulder their
responsibility to protect their children. And that’s why the articles
are published.
As any victim of child abuse in the Jehovah’s Witness organization
will tell you, the organization and the elders obstruct justice in every
possible way. The failure to report abuse to police and other civil
authorities is fast becoming one of the most insidious crimes in the
past 50 years. It was clear that the jury was not buying into
Watchtower’s statement that they “abhor” child abuse. It is a weak and
meaningless defense, when the facts show that the very authorities who
are qualified to help children are almost never contacted.
Enter John Miller, for Watchtower
In his first appearance in this trial, Mr. John Miller, attorney for
Watchtower New York, and a devout Jehovah’s Witness, stepped up to
question Mr Jefferson on behalf of the defense. Miller opens by
acknowledging that he and Mr. Jefferson are old friends, for at least 20
years.
One of the more interesting contradictions in testimony came when Mr.
Jefferson, under examination from Miller, suddenly acknowledged that
both he and Watchtower’s legal department are
very familiar with differences in state laws on mandatory child abuse
reporting. Note the exchange:
Miller: You testified that the laws of the states vary; is that true?
Jefferson: That’s true.
Miller: And have you worked with lawyers in
the branch’s legal department to render advice to elders who call about
the laws of their particular state?
Jefferson: I have.
Miller: And is it in your working with those lawyers that you have become familiar with differences of laws of different states?
Jefferson: I have.
Thomas Jefferson had just testified when questioned by the plaintiff’s attorney Gregg Zeff that he was unaware of Watchtower’s knowledge of state laws for reporting abuse. Note his earlier testimony:
Zeff: And would you agree with me that the legal department, when called, should know the law in every state?
Jefferson: Again, I can’t speak for the legal department, counselor. I don’t work there.
Incredibly, Jefferson changed his testimony, suddenly becoming aware of state mandatory reporting laws.
Jefferson was lying to the court
Further evidence of defensive backpedaling came when John Miller, for
Watchtower, referred to questions posed by Mr. Zeff the day before,
when Jefferson was embarrassed by not being able to recall even the name
of the President of the Watchtower Bible and Tract Society of New York.
In an attempt to salvage Jefferson’s reputation, Miller asked:
Miller: You were asked if you could name some of
the people in Watchtower Bible and Tract Society of New York,
Incorporated and you were unable to do so. Are you a member on the
executive board of that corporation?
Jefferson: I am not.
Miller: Are you a member or on the executive board of the corporation Christian Congregation of Jehovah’s Witnesses?
Jefferson: I am.
Miller: Can you name any of the people with that organization?
Jefferson: I can.
Miller: Go ahead. Name some.
Jefferson: The president, Allen Shuster; vice president, Anthony Griffin; secretary/treasurer, William Nonkes.
Miller: What is your role?
Jefferson: Assistant secretary/treasurer, I believe.
He believes? Jefferson seemed very unsure of his position within the
CCJW organization – but his testimony continued to disintegrate as
Watchtower attorney Miller then asked him to name Members of the United
States Branch Committee.
Miller: Can you name a few of them for us?
Jefferson: Allen Shuster, Anthony Griffin, just to name two.
Miller: Was Leon Weaver a member of that branch committee?
Jefferson: He is.
Miller: So are the names of those persons who serve in the U.S. Branch kept secret anywhere?
Jefferson: Not at all.
Miller: Aren’t they published on the website?
Jefferson: That could very well be.
Miller: Have you seen them published in some of magazines that are sent to the public?
Jefferson: Yes, they are. The president is published every month in the Watchtower and Awake.
Miller: So there’s no secret about who is there?
Jefferson: No.
As a note to our readers, the questioning by Miller and responses of
Jefferson reveal that they themselves are not fully aware of who manages
and operates Watchtower, CCJW, and the United States Branch Committee.
Not only was Jefferson unsure of his own position in CCJW, but his
statement “The president is published every month in the Watchtower and
Awake” was false, as he was discussing the US Branch Committee, and not the Watchtower Society.
A simple check of the inside cover of current Watchtower and Awake
magazines reveals that it is the Watchtower president who is listed
inside this cover, and not any of the US Branch Committee members.
Jefferson Says: No Responsibility to Protect the Community
After testifying once again that elders are not clergymen, the
defense yielded to Mr Gregg Zeff for a re-cross examination of Mr.
Jefferson. Zeff asked Jefferson whether the elders have a responsibility
to protect the community from predators:
Jefferson: Well, the elders have responsibility of protecting children, yes, and all the flock.
Zeff: And the entire community from predators, not just the flock?
Jefferson: What do you mean by entire community?
Zeff: Well, doesn’t an elder have a responsibility if they know there’s a sexual predator in their midst
to let the entire community, the State of Pennsylvania, the people of
Philadelphia, know that there’s a sexual predator in their midst?
[Watchtower attorney Miller objects to this question. Objection overruled]
Jefferson: NO.
In one of the most insidious and outrageous statements of the trial,
Thomas Jefferson admitted what so many victims of child abuse already
know – that Jehovah’s Witnesses have no regard for the community at
large, and their failure to report suspected child abuse places the
entire community at risk by failing to report a predator.
While Witnesses are an insular community, the harboring or
non-reporting of a sexual predator permits such an individual to roam
free, unobstructed and undetected by unsuspecting parents and children.
Most “worldly” or non-Jehovah’s Witness persons are unaware that a
religious organization resides in their midst, completely insensitive to
the protection of their family. Not only have tens of thousands of
Jehovah’s Witness children suffered, but evidence shows that scores of
sexual assaults have occurred throughout the global community because
the offender was not reported to the authorities. This affects everyone,
regardless of religious affiliation.
Thomas Jefferson single-handedly embarrassed the entire Watchtower
organization, destroying his own credibility and that of the religion he
represents. But this was a good thing. This was not a closed-door,
behind the scenes, cloaked meeting, but an open, civil trial which will
forever be a part of the public record. It is an insight into the
inner workings of Jehovah’s Witnesses, who are largely ignorant of the
issues related to child abuse, and the tactics employed by their elders,
their Governing Body, and the legal team which defends the absurd.
Further reports on the testimony in this case to come,
including that of two elders, the abuser of Stephanie Fessler, and the
detective who ended any chance of Watchtower winning this case.
