The case has been settled on undisclosed terms.
Corney
JoinedPosts by Corney
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Lawsuit: I said GB member Barr that my Bethelite stepfather abused me; he did nothing
by Corney inhere's an excerpt from the recent lawsuit deborah hines v. watchtower bible and tract society of new york et al (paragraphs 158-180), one of 29 known cases brought against the org pursuant to the ny child victims act.
what should be kept in mind is that gerrit lösch apparently worked in europe (the austrian branch and eastern europe) at the time when the abuse was allegedly reported to him (not a gb member then).. plaintiff was raised a member of the jehovah’s witnesses.
she primarily attended meetings at various congregations in arizona.
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Corney
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Suspected Washington Kingdom Halls arsonist arrested
by Corney inas many probably remember, in 2018-2020, multiple kingdom and assembly halls were set on fire in the state of washington, so fbi, atf, local sheriff and arson alarm foundation offered $61,000 in rewards for information leading to arrest of the arsonist.
the attacks (seven arsons and one shooting) included:.
march 19, 2018: two arson attacks - one at a tumwater kingdom hall and the second at a kingdom hall on cain road in olympia.
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Corney
New charges:
Mikey Diamond Starrett, aka Michael Jason Layes, was charged in a superseding indictment with three counts of damage to religious property, including the use of fire, and three counts of using fire to commit a federal felony. Layes will be arraigned on the indictment next week.
“As DOJ noted this week, we are putting a priority on prosecuting hate crimes,” said U.S. Attorney Brown. “We continue to work closely with our faith communities so that they have the most current information on how to protect places of worship.”
According to the superseding indictment, the defendant allegedly set fire to Jehovah’s Witness Kingdom Halls on three occasions: the Kingdom Hall of Tumwater, Washington on March 19, 2018; the Kingdom Hall of Olympia, Washington on March 19, 2018; and the Kingdom Hall of Olympia, Washington on July 3, 2018. The superseding indictment alleges the defendant defaced, damaged, and destroyed religious real property at the Kingdom Halls because of the religious character of the properties.
“Our criminal investigators have been working tirelessly on these attacks since they began in 2018,” said ATF Seattle Field Division Special Agent in Charge Jonathan T. McPherson. “We hope this indictment helps calm the fears of those in the Pierce and Thurston county areas through the knowledge that Layes is being prosecuted for his alleged crimes.”
Layes was previously charged with one count of damage to religious property, including the use of a dangerous weapon, and one count of use of a firearm during and in relation to a crime of violence, in connection with a shooting that damaged a Jehovah’s Witness Kingdom Hall in Yelm, Washington, on May 15, 2018. The defendant was also previously charged with one count of unlawful possession of an unregistered firearm. Layes has been in federal custody since his arrest on September 8, 2021.
If convicted, the defendant faces a sentence of up to 20 years in prison on each charge of damage to religious property. The defendant faces up to 10 years in prison if convicted on the unlawful possession of an unregistered firearm charge. If convicted, the defendant faces at least 10 years in prison to run consecutive to any sentence imposed for each of the remaining offenses.
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Three new lawsuits against Watchtower filed under NY Child Victims Act (CVA) this October, bringing number of CVA cases up to six
by Corney innew cases:.
diaz case, filed on 10/21/2020 by zalkin law firm - two plaintiffs abused (here and hereinafter - allegedly) by two ministerial servants in 1970s.. iglesias case, filed on 10/19/2020 by eisenberg & baum, llp against various nyc and wt entities - abused by an "elder john doe" and "[travelling] overseer john" in 1970s and 1980s.. aldridge case, filed 10/06/2020 by zalkin law firm - abused by a congregation elder in 1970s.. older cases:.
tarry case (no 1 and no 2), filed on 09/17/2019 and 07/23/2020 by parker waichman llp - abused by a publisher in 1984. very weak case.
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Corney
Also, there are two NJ decisions:
one granting GB's motion to dismiss and striking it out because of complaint's deficiencies, without ruling on whether it may be sued;
and another rejecting GB's arguments: "According to its website, the Governing Body consists of eight members operating under the recognized name of 'Governing Body.' Further, here, the Governing Body is a recognized group of individuals responsible for directing and controlling the operation that caused Plaintiff’s injuries, and thus meets the standard for an “unincorporated association” under its home state of New York’s laws... Regardless of what it comports on its website, in its many motions to dismiss filed in New York, the Governing Body avoids responding as to whether it is an unincorporated association, corporation, or any other legal entity capable of being sued." It also cited the Grant ruling and erroneously stated there are "numerous other courts around the country" supporting that position (in fact, at that time the Grant ruling was the only one).
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Three new lawsuits against Watchtower filed under NY Child Victims Act (CVA) this October, bringing number of CVA cases up to six
by Corney innew cases:.
diaz case, filed on 10/21/2020 by zalkin law firm - two plaintiffs abused (here and hereinafter - allegedly) by two ministerial servants in 1970s.. iglesias case, filed on 10/19/2020 by eisenberg & baum, llp against various nyc and wt entities - abused by an "elder john doe" and "[travelling] overseer john" in 1970s and 1980s.. aldridge case, filed 10/06/2020 by zalkin law firm - abused by a congregation elder in 1970s.. older cases:.
tarry case (no 1 and no 2), filed on 09/17/2019 and 07/23/2020 by parker waichman llp - abused by a publisher in 1984. very weak case.
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Corney
Courts split on whether the Governing Body may be sued
Dozens of lawsuits (more than 50) have been filed against Watchtower over the last three years, mainly thanks to Child Victims Acts (CVA) adopted in many states (which includes at least 11 cases recently filed in California); at least five of them have been settled or dismissed. Apparently for the first time, many of those cases named the Governing Body as defendant; the GB, in its motions to dismiss, claimed, among others, that it is not a jural entity capable of being sued, and its function is solely ecclesiastical. Most of its motions have not been decided yet, as courts are overflooded with CVA cases. For example, in the entire NYC there are 13 judges assigned to more than 5,000 cases. But the situation has began changing recently, albeit slowly.
In Grant v. Kingdom Hall (Nassau County, October 21, 2021), Justice Steven M. Jaeger found that "it remains unclear from the submissions of the parties what, precisely, the Governing Body's status is under New York Law. What is clear, however, from other cases involving the Jehovah’s Witnesses around the nation, is that the Governing Body is a proper entity to be sued." His successor cited and relied on this case as a local precedent in M. E. v. Dutchess County et al. (Dutchess County, July 14, 2022).
In a judgment issued a month later, another court decided the Governing Body is a jural entity (an unincorporated association) that may be sued but the plaintiff's failure "to plead and prove that each [GB] member ...authorized or ratified the alleged wrongful conduct” resulted in dismissal of the case against it. The case is Laurie Wadsworth v. Fairport Congregation of Jehovahs Witnesses Fairport, New York et al (Monroe County, August 12, 2022). Nine months earlier, the same judge denied another GB's motion for dismissal due to a technical issue - its failure to provide documents or affidavits supporting its claims (Jennifer Banlaki v. Kingdom Hall Of Jehovah's Witnesses et al, Monroe County, November 10, 2021).
In Denise J Jackson v. Watchtower Bible And Tract Society Of New York, Inc et al (Oneida County, September 13, 2022), Justice Jeffrey A. Tait found the question of the GB's legal status and its ultimate role in the organization is too difficult to decide at the early stage of litigation, especially given its failure to submit admissible evidence, so extensive discovery is needed before the GB will be allowed to renew its effort to dismiss.
Finally, less than two weeks ago, Justice Laurence L. Love, one of three judges administering pretrial matters of CVA lawsuits in NYC, dismissed a case (Kimberley Aldridge v. The Governing Body of Jehovah's Witnesses et al, Kings County, December 7, 2022) against the GB on the grounds that the plaintiff "does not sufficiently articulate why the Governing Body should be deemed an 'unincorporated association' by the Court, as opposed to merely a division of a non-profit religious organization (here, Watchtower). The Governing Body appears to thus be more akin to a group of managers or other type of division at a corporation that has no independent legal existence...[Its] control and oversight pertain to ecumenical duties of the Jehovah's Witness faith... [T]he Governing Body exerts ecclesial control related to the religious teachings of the Jehovah's Witness church, and the Governing Body's areas of decision are not properly before this Court. Even if the Governing Body also exerts some degree of control over secular matters, the Governing Body is still just one group of individuals within the Watchtower non-profit corporation, and thus cannot be sued as its own legal entity absent a justification for corporate veil-piercing, which Plaintiff does not suggest." Moreover, since Watchtower is named as defendant, no injustice is caused by striking out the GB. He also addressed other arguments raised by the org, including its claims that the CVA is unconstitutional (summarily rejected). There is a hope now that its similar motions in other cases will be quickly decided, and discovery process will begin.
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Leading First Amendment scholars intervene in CA loyalty oath case
by Corney inbrianna bolden-hardge, a mother of two, a devout jw and a career california civil servant, sues the office of the state controller which revoked a job offer after she objected to swearing a loyalty oath, even though three other state agencies she worked for "either did not insist on the oath or provided her a religious accommodation to it" (by allowing to submit a clarifying statement).
she sued, and the case was dismissed by a district court.
now it's heard by the ninth circuit.
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Netherlands: JWs prevail in Bethel raids and shunning cases
by Corney inthis week, it was revealed that the organization had won, at least so far and partially, two significant cases.. first, the overijssel district court declared that many items seized during the 2018 bethel raids contain privileged information, which the public prosecution service no longer contests.
this applies, in line with the supreme court judgement, to "all seized documents that, according to the complainants, fall under the right of non-disclosure ... and that contain information relating to information shared with elders in trust in the context of pastoral care, including information relating to the religious judicial committees"; apparently, 15 million electronic files the prosecution was unable to provide for judicial examination are also considered privileged.
the documents have already been returned, their copies are to be destroyed until 1 november.
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Corney
More details available regarding the Bethel raid docs - another decision has recently been published. It's hard to decipher machine-translated legalese, but apparently all seized documents - except certain BOE letters and other general instructions that does not contain any personal information (see section 2.11) - are considered privileged now and therefore excluded and returned.
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Suspected Washington Kingdom Halls arsonist arrested
by Corney inas many probably remember, in 2018-2020, multiple kingdom and assembly halls were set on fire in the state of washington, so fbi, atf, local sheriff and arson alarm foundation offered $61,000 in rewards for information leading to arrest of the arsonist.
the attacks (seven arsons and one shooting) included:.
march 19, 2018: two arson attacks - one at a tumwater kingdom hall and the second at a kingdom hall on cain road in olympia.
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Corney
[US DOJ] Washington Man Charged with Hate Crime for Shooting and Damaging Jehovah’s Witness Kingdom Hall
A Washington man was indicted today by a federal grand jury in Seattle, Washington, in connection with a May 15, 2018, shooting that damaged a Jehovah’s Witness Kingdom Hall.
Mikey Diamond Starrett, aka Michael Jason Layes, 50, of Olympia, Washington, was charged in a superseding indictment with one count of damage to religious property, including the use of a dangerous weapon. He also was charged with one count of use of a firearm during and in relation to a crime of violence. The original indictment charged the defendant with one count of unlawful possession of an unregistered firearm.
According to the indictment, on or about May 15, 2018, the defendant used a semi-automatic rifle to deface, damage and destroy religious real property at the Jehovah’s Witnesses Kingdom Hall of Yelm, Washington, because of the religious character of the property.
If convicted, the defendant faces a sentence of up to 20 years in prison on the charge of damage to religious property involving the use of a dangerous weapon. If convicted on the unlawful possession of an unregistered firearm charge, the defendant faces a sentence of up to 10 years in prison. The defendant faces a sentence of at least 10 years in prison to run consecutive to any sentence imposed for the remaining firearms offense.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and U.S. Attorney Nick Brown for the Western District of Washington made the announcement.
The ATF Seattle Field Division, the FBI Seattle Office and the Thurston County Sheriff’s Office investigated the matter. Trial Attorney Matthew Tannenbaum of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Rebecca S. Cohen for the Western District of Washington are prosecuting the case.
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Netherlands: JWs prevail in Bethel raids and shunning cases
by Corney inthis week, it was revealed that the organization had won, at least so far and partially, two significant cases.. first, the overijssel district court declared that many items seized during the 2018 bethel raids contain privileged information, which the public prosecution service no longer contests.
this applies, in line with the supreme court judgement, to "all seized documents that, according to the complainants, fall under the right of non-disclosure ... and that contain information relating to information shared with elders in trust in the context of pastoral care, including information relating to the religious judicial committees"; apparently, 15 million electronic files the prosecution was unable to provide for judicial examination are also considered privileged.
the documents have already been returned, their copies are to be destroyed until 1 november.
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Corney
This week, it was revealed that the organization had won, at least so far and partially, two significant cases.
First, the Overijssel district court declared that many items seized during the 2018 Bethel raids contain privileged information, which the Public Prosecution Service no longer contests. This applies, in line with the Supreme Court judgement, to "all seized documents that, according to the complainants, fall under the right of non-disclosure ... and that contain information relating to information shared with elders in trust in the context of pastoral care, including information relating to the religious judicial committees"; apparently, 15 million electronic files the prosecution was unable to provide for judicial examination are also considered privileged. The documents have already been returned, their copies are to be destroyed until 1 November. It also appears that the court refused to assess whether the raids were legal.
Second, the Public Prosecution Service has refused, based on "the conclusion that no criminal offense has been committed", to open criminal investigation over JW shunning policies.
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Will Ukraine win?
by Fisherman ini was under the impression that it was going to be a short war, that russia’s military would indeed subdue ukraine’s forces quickly but that is not happening.
seems that russia’s military power is much less than it’s reputed to be.
no guess how it will all end..
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Corney
Yep, President Zelenskyy has made it clear he's not interested in capitulation.
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Will Ukraine win?
by Fisherman ini was under the impression that it was going to be a short war, that russia’s military would indeed subdue ukraine’s forces quickly but that is not happening.
seems that russia’s military power is much less than it’s reputed to be.
no guess how it will all end..
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Corney
The "NATO expansion" narrative is totally moronic and ridiculous.
First, Ukraine never had real prospects of joining NATO.
Secondly, NATO would not have any significant military infrastructure in Eastern Europe if not for the Russian aggression. And even the Bundeswehr has virtually ceased to exist, it's not a real military force anymore. Russia itself revitalizes NATO and pushes even countries like Finland and Sweden - that embraced neutrality for decades - to join the Alliance.
And thirdly, when the mentioned Northern nations - which are also Russia's neighbours - decided to become NATO members, the Kremlin showed virtually no reaction. Because it doesn't consider the "NATO expansion" to be a real threat.