> Three new rulings are posted on http://www.lisamcpherson.com .
> Two of the rulings are the Court's response to Scientology's motions for
> summary judgment on Counts 1 and 5 of the Estate's case. These motions were
> The last ruling is kind of weird and deserves a bit of explanation. Judge
> Schaeffer was presented with a letter (I think it was written by Lieberman)
> in which Scientology's attorneys tried to get the Court to reconsider her
> earlier ruling against them saying that they could not use the Religious
> Freedom Restoration Act as a shield for their tortious actions. Basically,
> the cult's attorneys tried to do an end run around procedure and have
> Schaeffer reconsider her ruling. Schaeffer declines to do so.
> As of yet there has been no ruling on Scientology's attempt to remove Ken
> Dandar as the Estate's attorney.
> [email protected]
I hope everyone reads these documents, there are lots of interesting facts and analysis by the Judge. I hope we see a text version here in ars.
One thing I noticed is the Judge talked about the missing "babywatch logs" the cult kept while they watched her waste away and die of immobility and dehydration. The last few days are missing, and the Judge says the inference that the court must draw is that they contained unfavorable information, including unfavorable regarding the cult's intentions.
The Judge said yes, the death may possibly have been intentional in addition to just negligent, and this is an issue the jury will decide.
The Judge said the cult asserts that the jury should not hear about any religious beliefs that encourage cult members to commit purjury or make false statements. The Judge said she didn't really need to answer that now, and suffice to say at least one of the cult witnesses admitted in sworn testimony that he lied to the police to protect himself and the cult. And she said that "Doc" Janis Johnson (who was the head "medic" at the cult and who drove the dead McPherson to the distant hospital with a cult doc) and Dr. Minkoff (the said cult doc) testimonies are so different someone is umm, in error. And the other witnesses who "cared" for McPherson conflict in many ways. So the Judge seems to figure regardless of if the cult teaches lying, there is lying all over the place.
The Judge doesn't really seem pleased with the cult's presentation. She says they "artfully pick and choose their passes from the depositions." I say the cult follows the scriptures about giving an "acceptable truth" in order to lie by omission. In one spot the Judge shows the cult quoting to make the case that they are solely being accused of "intentional murder" and then shows that the cult artfully left of the very next sentence saying "We call it 'culpable negligence' [...] 'gross negligence'[...]". The Judge caught 'em.
The Judge also points out places where the cult relies on witnesses who are unaware of important facts about what they are talking about, such as that the testimony they are relying on is that of a guy who later said he was lying to police and so on.
It goes on and on. Worth reading.
-- LYING IS A SCIENTOLOGY SACRAMENT ASK THEM ABOUT XENU Mike O'Connor <http://www.leptonicsystems.com/>