Customize

Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

Discussion in 'Leaks & Legal' started by pooks, Jun 24, 2009.

  1. subgenius Member

  2. DeathHamster Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Too bad Hubbard never thought of having Mary Sue keep her maiden name. "I never had a second wife, or third wife."
  3. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    The internets need a sarcasm smiley. On the peak oil blogs we use /sarconol but that would take too long to explain, and then you'd all look at me funny anyhow.

    Get yourself a non-Adobe PDF reader. Adobe are trying to do clever things with doc management/rights which are just a total pain in the arse for anyone using PDF on a regular basis. I use the PDF-Xchange viewer (because it lets me do basic mark-up, and is mostly Firefox friendly) but there are plenty of options. But ditch (uninstall) the Adobe PDF Reader and get thee a 3rd party program.

    Also, on the defendants doc's - Is it normal for a defendant to specify to a judge what the think is the relevant instruction in law over many pages? Regardless, the docs seem, if anything, more useful to the plaintiff. IANAL but there see to be a few truck-sized holes (or cult sized foot-gun bullets) in there: Like talking about the damages to VB (the mother) rather than damages to the estate of KB; and trying to backwards argue CoS FLAG responsibility should be limited by reference to law and case-law intended to protect the agents (Daddy and the Gentiles) of an organisation, which says nothing about protecting the organisation from the activities of the agents.

    Finally; why would Dandar oppose the bifurcation of the actual, from the punitive, damages? It seems to me that bifurcation would make it easier to go after the individuals for actual damages, and the cult for punitive damages (based on what I read in the filings). I presume there is a natural benefit to the plaintiff in keeping the matters tied together?

    NB: Thanks to the cults lawyers, we have a new TLA to describe the cult distinct from the MR^2 mob: SMC := "Scientology Mother Church"
  4. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Thanks for the advice. The problem wasn't actually adobe here--I don't mind and actually prefer PDFs to embed inside my browser, Chrome in this case. But PACER usually has a toolbar that sits above the embedded PDF so you can deal with the PDF separately.

    With regard to the proposed voir dire and jury instructions, I don't have much practical experience there. The truck sized hole you speak of isn't really a hole--it's simply a matter of law that there's a comparative negligence issue that must be dealt with, because the different defendants were not all equally responsible for the death of Kyle Brennan. It's not an all or nothing proposition for each defendant since each actor had a different role and contributed to the death in different capacities.

    That's a good question and I'll try to get to it later. Must now work.
  5. xenubarb Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    fify
  6. RightOn Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    so glad that people take the time to read through all the lawyer speak and translate.
    thanks again Tikk
  7. xenubarb Member

  8. grebe Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    I like the juicy, detailed account of Scientology protocols for handling suppressive persons noted in the .pdf. of Lance Marcor's Second Declaration. It's nothing really new, but it lays out the facts in a way that conveys the paramilitary nature of the CoS. The world should read it.

    http://dialogueireland.files.wordpress.com/2010/09/lance-marcor-second-declaration-with-exhibits.pdf

    Unfortunately the .pdf doesn't let me copy bits of it. It acts like a big .jpg.

    Can anyone OCR it into a text file?
  9. Anonymous Member

  10. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    From OCR, so there may be some OCR errors within. Feel free to point them out or if you're a mod, clean up yourself.
    ___________________________________

    SECOND DECLARATION OF LANCE MARCOR

    1. My name is Lance Marcor and I am over the age of 18 years. Among the following experience, I am also a certified minister of the Church of Scientology and ordained in 1979. That status remains in effect today. I was active in Scientology from 1978 to 2007. The following is my declaration based on personal knowledge and my Scientology training and experience, rendering me highly qualified to inform the court and describe the interactions of Defendant, Church of Scientology Flag Service Organization, Inc, FSO, with the other Defendants and how that effected their actions to Kyle Brennan pursuant to the records I have reviewed and Scientology policies.

    2. Here is my training, experience, and accomplishments in the Church of Scientology:

    • I Joined the Sea Org in 1978 after being public at Pasadena Mission, California did my EPF (basic training) at the Cedars Hospital renovating it into the PAC Base in LA.
    • Next I was trained in treasury policy and ran a GO Mission handling Celebrity Center LA Treasury records in case of an IRS Audit.
    • I was slated to be the Assistant Guardian for Finance at CCLA which held the same rank as Commanding Officer CCLA.
    • I was to go to England for training but didn't want the job and requested to come to FLAG in Florida instead.
    • I arrived at FLAG in 1980 and took the post of Director of Inspections and Reports for the FSO. That post is the Department Head of Department 3, and is located in Division I which is a senior division on the Scientology Organization Board.
    • I know Matteo Rosetti, the Ethics Officer of Thomas Brennan.
    • I was in charge of 300 staff members' ethics and was fully trained on ethics policy.
    • The Public MAAs were in my department under me.
    • My next post was working in Division 4 (Technical Division) in Dept.10 - Technical Services. I worked around the auditing and Case Supervisor Office, I acquired knowledge of the lines and terminals involved with the PC, where he goes and why.
    • These terminals include the D of P (Director of Processing, Director of Training, Cramming Officers, Medical Liaison Officer, Registrars, Ethics Officer, Chaplain, etc. (everyone the PC could possibly be involved with in the FSO).
    • I worked my way up in rank to Chief Petty officer and was in charge of Petty Officer Council, Secretary of Officers Council, a member of the Permanent Board of Review, On several Justice Committees, In charge of the entire FLB Messing System, In charge of the entire FLB Berthing Inspections, I worked in the Reg Office and was in charge of the SO Call in Admin Unit. I worked in the Public Course room as Course Administrator, was on several CMO missions as a CMO Missioner, I was the Division 7 (Executive Division) Financial Planning Representative, Worked part time as an FLB Security Guard, and was in Senior HCO, Flag Land Base running the Cadet Sailing Academy.
    • After leaving the Sea Org I became public and was Captain of the Dianetics Windsurfing Team and later became in charge of the entire Dianetics Athletic Association, was on the OT Committee and Clear Expansion Committee. I left the church in 2007.

    3. I have been asked to review the Privilege Log, [Exhibit 1], and the redacted "List of Actions," the title of the document in the Privilege Log, but actually entitled "SEC CHECK KR HANDLING," [Exhibit 2], and compare it to my expertise and experience and knowledge of Scientology policies in this area. I do so voluntarily.

    4. First and foremost, the Ethics Folders are never privileged in Scientology. I understand that this court did not rule on privilege, but had the List of Actions redacted based on relevancy. If true, then much of the ethics folder materials, including the List of Actions, were culled or created just for the court. From what is produced, compared to the Privilege Log and written church policy, it is obvious to me that much is missing that must exist at Flag concerning Kyle Brennan.

    5. It's apparent that the communication from OSA, (Office of Special Affairs in charge of legal and avoiding public relation problems, PR Flaps), is missing in reference to Thomas Brennan and his son, Kyle Brennan. The EO (Ethics Officer) sent two communications to OSA and neither are answered by OSA. This does not happen.

    6. Those communications are not confidential as OSA deals in organizational security per the policy and the CIS (Case Supervisor) deals in confidential confessionals. This entire PTS scene with Tom being "connected" to Victoria and Kyle and the connection to Psychiatry (Per HCOPL 6 Dec 76RB ILLEGAL PCs, ACCEPTANCE OF - HIGH CRIME PL) , Exhibit 3, would have come up early on in Tom's auditing or Confessional, meaning that OSA would have been informed of the "security risk" of Tom's "connection" and Tom would have been monitored by OSA while having been pulled into Ethics (the EO) per HCO PL 18 June 1968, ETHICS, Exhibit 4; and ordered to do Conditions Handlings at least by starting with the condition of Doubt as this PTS condition was obviously hanging Tom up in Doubt in his wavering back and forth in his dealings with Victoria and Kyle.(HCOPL 18 Dec 1982 ETHICS CONDITIONS: HANG-UP AT DOUBT)(Exhibit 5).

    7. Also, there is no explanation as to why so many reports are sent to the EO from the auditor (Denise Gentile) without an ethics handling. What were all of those reports about? (HCOPL 7 Mar 1965RA OFFENCES AND PENALTIES makes it a "Crime" in Scientology - "Failing to report a potential trouble source to local HCO")(Exhibit 6). The reports should have concerned Kyle's connection to Psychiatry and acted on immediately, per policy, because Psychiatry and anti-depressant medication are the utmost evil to Scientology with the goal of eliminating both. Tom would have been advised to determine his condition for the Suppressive Act of "continued adherence to a person or group pronounced a suppressive person or group by HCO" per the Scientology Ethics conditions: HCOPL2 Nov 1982 CONDITIONS HANDLINGS and HCOPL 3 Aug 1985 COMPLETING CONDITIONS FORMULAS (Exhibit 7), and the fact that Wendy (Tom's Wife) referred to Kyle as "enemy of the church," shows that there was awareness by Tom that Kyle was an "enemy" per the Scientology ethics conditions and would have had to handle his own connection to Kyle.

    8. Tom would have had to move up the Conditions through the Condition of Liability (HCOPL 6 Oct 1967 CONDITIONS OF LIABILITY AND DOUBT) and HCO POLICY LETTER OF 14 MARCH 1968 (Exhibit 8), in which case he would have had to apply step "2. Deliver an effective blow to the enemies of the group one has been pretending to be part of despite personal danger". (Tom pretending to "care" about Kyle's future (the family group) when in fact he is regarding him as an enemy of the church group). There are two opposing groups here - The the church group with its policy and orders and Victoria and Kyle as his family group).

    9. Tom's auditor, being a veteran Scientologist, has an "intimate" relationship with Tom ("intimate" as in the auditor, through the process of auditing, becomes aware of intimate details of one's life despite the professional viewpoint the auditor must maintain while "in session"). It is well known that a Scientologist develops an intimate rapport with the auditor and in many cases wants to do "extra" favors for the auditor as an appreciation of the "help" that is being rendered by the auditor in terms of "spiritual relief' from things hindering or bothering the PC. In my many years working in and around the auditing divisions of Scientology, I have witnessed this to be the case, which is why all gifts to auditors from their PCs must be reported. An example of this relationship is Tom calling Denise before calling 911. Tom was asking advice on how to handle a "mental decision", i.e.,"what do I do now?" "my son is dead on the floor and I can't make a decision on my own". "Call my auditor" (not my wife or Kyle's mother, but my auditor).

    10. This fact of the PC losing mental control of his own ability to make decisions shows the involvement that Scientology has on individuals in controlling their lives. One famous Scientology set of Processes are the CCHs (Control, Communication, Havingness) where in the early stages of Scientology "processing" the auditor gains control over the PC's mind through communication and thus the PC regains his "Havingness" for the physical universe in his new reality (under the control of the auditor and thus the organization of Scientology). This is promoted as "Helping the PC regain control over his own life," however, if he now has to remain "connected up" to the Scientology organization to continue "up the Bridge to Total Freedom" and this is his ultimate salvation for this lifetime and all future lifetimes, he now must, per "the greatest good," comply to the organizational policy and "command intention" of the current Scientology leader: Denise Gentile's brother David Miscavige. These are the facts of Scientology and how Scientology is involved in the death of Kyle Brennan.

    11. Every Scientologist must follow the written policy of the founder, L. Ron Hubbard. per HCOPL 7 Feb 1965 KEEPING SCIENTOLOGY WORKING (Exhibit 9). 1 say this because it cannot be overstated that his policies must be followed. In order for a non-Scientologist to understand what I am about to say, certain policies and definitions published by Scientology must be explained. First, in listening to someone who is a devoted Scientologist, one must understand that the Scientologist's first goal is to protect the church at all costs. This includes telling an "acceptable truth," which is saying whatever needs to be said to attain the desired result, including lying. [See attached Exhibit 10, "The Volunteer Minister's Handbook, excerpt on acceptable truth]. It has been defined by Scientologist, Dr. David Minkoff, M.D., (a former defendant in the wrongful death case of Lisa McPherson in the state court of Hillsborough County, Florida, Case # 52-2000- ea-005682), where he testified in his 10-22-1997 deposition that an acceptable truth is "one that works," "when it works, its ethical, when it does the best good for the most number of people." It includes lying to serve the greater good. [pp.134-136, attached, Exhibit 11].

    12. The words or phrases "Handle," "Handle the Hell Out of It," "Handle It," "Handling," and "Handling Situations" are very specific terms of direct orders compelling one to get it done or else face consequences. Modern Management Technology Defined, p. 243. [Exhibit12]. This term, "handle," is well known among Scientologists. One situation which must be handled is a "Potential Trouble Source," a/k/a PTS.

    13. Per the attached Exhibit 13, HCOPL 20 Oct 81R PTS Type A Handling .- "THIS HANDLING IS DONE BY THE ETHICS OFFICER OF AN ORG..." "If a PTS situation actually exists, the interview must result in a written program agreed upon by the person (Tom) with copies to the person and to his ethics file." "As the person does the steps of the program, he reports their accomplishment to the org officer (E0) who interviewed him." "If the person fails to do the program or the program results in no real change in the situation, the interviewing officer must investigate thoroughly to find out what the person is doing instead of the program..."

    14. In Kyle's case, the EO, Ethics Officer, Matteo Rosetti, whom I know, did not choose to "Handle" as there were no steps on the program "to handle." The E0 by evidence chose to have Tom "Disconnect" (move Kyle out) Per HCOB 10 Sept 1983 PTSness and Disconnection - "Example: A PC is connected to a person or group that has been declared suppressive by HCO in a published ethics order. He should disconnect and, if he wants to inform the SP of the fact, he may write a letter of disconnection." [Exhibit 14]. In Tom's case, he simply informed Kyle of the fact that he would have to be finding a new place to live. That may be why the bed linens of Kyle's bed were stripped at he time of the death. If Kyle was being considered as an Enemy/SP, Tom may have taken matters into his own hands, or others, and possibly expedited the disconnection by having "a hand" in his demise, since Torn Brennan stated in his answer filed in this case that his son died as a result of suicide or homicide.

    15. The Defendant in this case, FSO, without question forbids any psychotic person on FSO property. "Handling Psychotics at the FSO" [Exhibit 15]. The main reason the List of Actions included ordering Thomas Brennan to move his son out of the apartment and "Handle" him is for Thomas Brennan to secure his future in the church which, per "KSW Policy {Keep Scientology Working), guarantees his spiritual freedom for an eternity. It also protects his auditor, Denise Gentile. Policies which demand the move out of the son, include, but are not limited to, the following attached policies:

    • HCOB 10 Sept 83 PTSness AND DISCONNECTION - "A PC is connected to a group that has been declared suppressive by HCO. [Exhibit 14] (In Kyle's case, Psychiatry as a group has been declared suppressive by HCO);
    • HCOPL 23 December 1965 SUPPRESSIVE ACTS SUPPRESSION OF SCIENTOLOGY AND SCIENTOLOGISTS [Exhibit 16] "Suppressive Acts" require disconnection.

    Here are some "suppressive acts:"
    • Kyle is guilty of this suppressive act: remaining connected to psychiatry through his use of psychiatric drugs.
    • "Continued adherence to a person or group pronounced a suppressive person or group by HCO. (Psychiatry as a group has been pronounced suppressive by the church: i.e., CCHR, a front group for the church to attack Psychiatry)
    • Tom Brennan's son's continuing adherence to psychiatry now becomes suppressive in the church's eyes (Tom's wife, Wendy, referred to Kyle as an "Enemy" in September 2006 when she learned that Kyle was seeing a psychiatrist and taking psych drugs, Lexapro).
    • Tom Brennan's failing to handle...i.e., disconnect, would then make him be labeled "Suppressive Person, SP."
    • "failure to handle or disavow and disconnect from a person demonstrably guilty of suppressive acts."
    • Tom as a first step in being handled by the church is given the ultimatum to disconnect falling short of being able to handle Kyle's taking his meds. On orders by the Ethics Officer, he tried to Handle by removing Kyle's connection to Psychiatry by removing his meds.
    • "a potential trouble source may receive no processing until the situation is handled."

    16. The term "enemy" are those who oppose and those who can damage the organization or person. Modern Management Technology Defined. [Exhibit 17].

    17. From the declaration of Victoria Britton, Exhibit 18, Tom Brennan knew that his son, Kyle, was seeing a psychiatrist and taking Lexapro as early as May or June 2006. This coincides with the first entry on the Privilege log. He invited his son to come to Clearwater, offering him a job and going to college. While in Clearwater in August and September 2006, Kyle hears Brennan's new wife call Kyle an "enemy." Kyle rapidly leaves Clearwater. (Per the declaration of Scott Brennan]. When Kyle comes to Clearwater for the last time in February 2007 to rest before returning to Virginia, Tom Brennan is in conflict with being a father to his son and being a dedicated Scientologist due to the above policies.

    18. The above policies placed Tom Brennan up against a wall. He had to handle his son or else face these consequences, which would cut him off from Flag, his wife, Wendy, his employers and friends, Denise and Gerald Gentile, all dedicated Scientologists, and end his high celebrity status of being audited by David Miscavige's sister. Denise Gentile also had a strong interest in having the son handled for her own benefit of her class auditing and being connected to Tom Brennan, her friend and employee.

    19. OSA became involved in this matter early on because not only is Denise Miscavige Gentile the twin sister of the leader of all of Scientology, David Miscavige, but the privilege log shows that the EO, Matteo Rosetti, on May 3 2006, wrote a report to OSA to get approval for Tom Brennan to become Flag public. This is no small matter. OSA would have responded to this request in writing. That has not been produced nor is it listed in the Privilege Log. It is very important to this case. Also, on May 5, 2006, Matteo wrote another comm (communication) to OSA, re: Tom Brennan. Again, there is no mention of a comm back from OSA. That simply does not happen at Flag. On September 7, 2006, Matteo writes to the CIS, (Case Supervisor), which had to concern clearance for Flag auditing of Thomas Brennan. There has to be a reply in writing as to the reason Tom Brennan is accepted for auditing. This is not privileged. It would show the relationship between Denise Gentile and Tom Brennan. It would more likely than not also show Denise's knowledge about Tom Brennan's family, including his only son, Kyle, and what was known about Kyle's psychiatric treatment and medication.

    20. As I stated in my first Declaration, before I saw the redacted List of Actions, I opined that Tom was ordered by an EO to handle his son per the written policy of Scientology known as a PTS A Handling (Potential Trouble Source Handling), [Exhibit 13]. Now that we see that the List of Actions confirms what I previously stated, the CIS, Case Supervisor at Flag, would have ordered "PTS A Handling," and OSA at Flag, having jurisdiction over the Tech lines for overall security, ordered the E0 at Flag to order Torn Brennan, per that Policy (Illegal PCs Acceptance Of High Crime PL, attached to first Declaration and attached here for convenience, [Exhibit 3], to make sure Kyle Brennan was "handled."

    21. It can not be overemphasized that Kyle Brennan's presence was potentially a huge PR Flap to Flag by his taking an anti-depressant, Lexapro, acting in such a manner that Tom Brennan was afraid to leave him alone, and calling government offices, while Thomas Brennan was living at an apartment building occupied by Scientologists, a Flag public being audited by Denise Miscavige Gentile, a 1/2 block from the Coachman Building, and a block from the Ft. Harrison Hotel.

    22. The privilege log shows that OSA is involved not only before Kyle Brennan arrived in Clearwater on February 7, 2007, but also while he was at his father's apartment, which most definitely would continue not only through the day Kyle died, but also after his death and until this matter is concluded. There is no reason OSA at Flag would send a communication about Thomas Brennan other than with regards to that policy on handling a PTS. They have no other involvement to the public other than the fact of "Organizational Security". OSA comm has not been produced and that is for sure not confidential.

    23. In further evidence of OSA at Flag's involvement and OSA Int (OSA International in Los Angeles, CA), the KR (Knowledge Report), [Exhibit 19], allegedly typed by Gerald Gentile and sent to OSA Int and then copied to OSA at Flag, with the addition of the List of Actions and the missing OSA comm, confirms USA's and Flag's involvement and control over Tom Brennan, Denise Gentile, and Kyle Brennan before Kyle Brennan's death.

    24. Per Scientology Policy HCOPL 22 July 1982 Knowledge Reports: "I .Anyone who knew of a loafing or destructive or off-policy or out-ethics action and WHO DID NOT FILE A KNOWLEDGE REPORT becomes an ACCESSORY in any justice action taken thereafter." [Exhibit 20]. Per this policy, the fact of Tom Brennan being connected to his son Kyle who is involved with a known suppressive group (Psychiatry) requires anyone who knew about the connection to write a Knowledge Report. In other words, the Church's own policy substantiates the fact that there are missing reports as those reports are required flying back and forth from Denise the auditor, to the Ethics Officer, and to and from OSA not excluding the Case Supervisor. The "out ethics situation" is, per the church policy, the connection of Tom Brennan to his son Kyle for months (May 2006 - Feb 16 2007) without "Handling or Disconnection". Per HCOPL 11 May 1965 ETHICS OFFICER HAT - "The activities of the Ethics Officer consist of isolating individuals who are stopping proper flows by pulling withholds with ethics technology and by removing the potential trouble sources and suppressive individuals off org comm lines and by generally enforcing Ethics Codes." Exhibit 21.

    25. The Ethics Handling which ordered Torn Brennan to move Kyle out was based on a "Security Check" This Sec Check is not "priest-penitent privilege" per HCOPL 7 Jan 1985 HCO Confessionals, which states: "Overts disclosed in the course of Confessionals done for investigatory or justice purposes are always the subject of Knowledge Reports to HCO and are actionable on the person." "At the beginning of the first session of an HCO Confessional or any auditing action to be done as an HCO Confessional, the auditor gives the PC the R-Factor (reality factor) , "I am not auditing you." The session is then begun as usual..." [Exhibit 22].

    26. "The fact that a Sec Check or False Purpose RD (Rundown) form is being done as an HCO Confessional does not mean that the procedure is changed. The Auditor's procedure is the same. But the overts are reported to Ethics for handling and are actionable. It should be clearly marked on the Knowledge Report that it is from an HCO Confessional action." (note: this is also evidence that the Ethics Files are not confidential).(HCOPL 7 Jan 1985 HCO CONFESSIONALS) (Exhibit 25). What this shows is that it is impossible for these reports to not have been made.(HCOPL 10 Mar 1982 CONFESSIONALS-ETHICS REPORTS REQUIRED). Exhibit 23. This is evidence that Tom Brennan was under pressure from the Church to "handle" his son. Some Church philosophy that applies to a Scientologist's mental conditioning are as follows: The Code of Honor by L. Ron Hubbard: "Never fear to hurt another in a just cause." "Your self determinism and honor are more important than your immediate life." "Your integrity to yourself is more important than your body." Also, "Your value as a being is to your group and not to your self at all". HCOPL 23 DEC 65 RB SUPPRESSIVE ACTS SUPPRESSION OF SCIENTOLOGY AND SCIENTOLOGISTS -"Suppressive Acts" (as follows)..."Failure to handle or disavow and disconnect from a person demonstrably guilty of suppressive acts". [Exhibit 16]. Tom would have to apply this policy to Kyle, per Kyle's connection to the "suppressive group," - Psychiatry. "Continued adherence to a person or group pronounced a suppressive person or group by HCO." Kyle is guilty of this Suppressive Act by his default connection to Psychiatry and his Meds.

    27. Kyle's death was a direct result of the application of the policy of the church which is to "Handle or Disconnect" and that includes by whatever means necessary. It all started with Denise Gentile reporting to Flag's Ethics Officer. Driving Kyle over the edge when he was in a depressed state and without his coeds by suggesting he move out is one way of getting rid of the problem. "Never fear to hurt another in a just cause" Kyle, per Scientology philosophy, can always go and pick up another body and it would be considered the "Greatest Good" to move him out of Tom's and the Gentile's life. Every Scientologist early on in Scientology is required to do the PTS/SP Course - HOW TO CONFRONT AND SHATTER SUPPRESSION by L. Ron Hubbard (Exhibit 24) and the term PTS and SP are household nomenclature used on a daily basis amongst Scientologists. This is not some isolated case as this is the "GLUE" that keeps Scientology together and tight as, per L. Ron Hubbard, "a kind of juggernaut builds up" running through a free society. With the purpose of every Scientologist to "add to this POWER". In the Scientology reference on the condition of Power RESPONSIBILITIES OF LEADERS - Section on "seven things about power," HCO PL 12 February 1967, Exhibit 25, it states in reference to being "open to the taunts of any enemy of the power who dare not really boot the power but can boot you."..."you must yourself gather and USE enough power to hold your own - without just flattering to the power to "kill Pete" in straightforward or more suppressive ways to him, as these wreck the power that supports yours, He doesn't have to know all the bad news, and if he's a power really, he won't ask all the time: "What are all those dead bodies doing at the door?" ... Well, boss, about all those dead bodies, nobody at all will suppose you did it. She over there, those pink legs sticking out, didn't like me." "Well." he'll say, if lie really is a power, "why are you bothering me with it if it's done and you did it..." L. Ron Hubbard HCOPL 12 Feb 1967 Responsibilities of Leaders. Exhibit 25.

    28. What is driving Denise Gentile, Gerald Gentile, Thomas Brennan and Flag is that in making decisions church policy must always be heeded: HCOPL 7 FEB 65 Keeping Scientology Working 1 - "We're not playing some minor game in Scientology. It isn't cute or something to do for lack of something better. The whole agonized future of this planet, every man, woman and child on it and your own destiny for the next endless trillions of years depend on what you do here and now with and in Scientology. This is a deadly serious activity. And if we miss getting out of the trap now, we may never again have another chance". [Exhibit : 9].

    Under penalties of perjury, I declare that the above is true.

    ____[SIGNATURE]____
    Lance Marcor
    Dated this 27th day of September, 2010.
    • Like Like x 1
  11. Random guy Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Oh golly!
  12. Triumph Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    I read the SECOND DECLARATION OF LANCE MARCOR last night...there is alot there on how the cult operates...

    My first thought was How much the cult hates their policy and they way they operate gets out to the public...
    speaks volumes about how desperately they want to derail this trial...

    Denise "Miscavige" Gentle having "Miscavige" stricken from the record speaks volumes...about how low they are willing to go and try and sweep under the rug.. ...and because they have a track record.. how personally involved the Mental Midget is involved behind the scenes... pushing for a miscarriage of justice....to protect the good name of "Miscavige"

    the lack of documents that have magically disappeared strike the same chord and tactics the Cult used during the McPherson Trial ...

    Dander is the right guy for the job...
  13. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    to protect the "good" name of Miscavige

    Quotes in wrong place.
  14. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    while I agree with the sentiment behind your post, the above is more correct, to maintain quote consistency through the paragraph

    to get back on topic, DENISE MISCAVIGE GENTILE must have someone she knows not be very happy to see that declaration by Lance Marcor purged from the record

    that's a damning declaration to me as a non-legal-profession person, I hope it's just as damning inside the courtroom
  15. anonhuff Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    [edit]DENISE MISCAVIGE GENTILE must have someone she knows not be very happy to see that declaration by Lance Marcor NOT purged from the record[/edit]
  16. grebe Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    tikk you totally rock. And though it's a bit spammish of me to quote the entire tl;dr... well dammit, I wanna second helpin' of the win!

    Somebody should list all the clammy acronyms so we can write up some end notes. Then Mr. Marcor's testimony will be ready to share with a few journalists and bloggers for comment.

    <edit: I'll start by bolding the ones I see below, brb...>

  17. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Two briefs were filed to the federal 11th Circuit Court of Appeals, the first being Scientology's brief [PDF], dated November 29, 2010. Ken Dandar's answering brief [PDF], dated December 20, 2010.

    I'm updating this post to include also Scientology's brief replying to Dandar's answering brief [PDF] (and no, Dandar doesn't get to reply to this), filed December 27, 2010.

    I'll try to parse them over the next few days, but it's really not clear to me what the 11th Circuit will do with it. There are a number of competing interests which do not often intersect.
  18. lostatsea Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Thank you for all of your updates on this thread. They are much appreciated.
  19. 3rdMan Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Tikk, though my adhd is holding a grudge against you for that wall-o-text, you have my gratitude keeping us up to speed.
  20. amaX Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Thank you, Tikk.
  21. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    tikk is way cool
    • Like Like x 1
  22. Cudgel Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Tikk:

    Many thanks for monitoring the case and providing the PDF files of the submissions.

    Law classes were many years ago, but I still find reading briefs both easy to do follow intellectually stimulating, especially when the subject is of personal interest.
  23. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Thanks Tikk. Much appreciated.
  24. tikk Member

    My take on the briefs filed with the 11th Circuit. The issue before the court strays so far afield from the core issue in the Kyle Brennan wrongful death suit, so a brief recap will be beneficial.

    Scientology’s initial appellant brief actually provides a thorough, yet slanted, summary of the background, but I’ll more concisely remind that Scientology filed a number of motions in state court to enforce the Lisa McPherson settlement agreement, which supposedly prohibited attorney Ken Dandar from representing litigants in actions against Scientology. The state court, specifically Judge Beach, agreed with Scientology, and signed an order sanctioning Dandar for contempt for his agreeing to represent the estate of Kyle Brennan in the wrongful death suit before the federal district court, and failing to withdraw from case. The district court denied Dandar’s motion to withdraw from the case. Dandar then filed two emergency motions with the district court, the second which sought to prevent Scientology and the state court from converting the imposed sanctions to a judgment, which would, the district court agreed, would have punished Dandar for failing to withdraw from a case that the district court refused to allow Dandar to withdraw from. The district court granted Dandar’s emergency motion, and imposed an injunction upon Scientology and Judge Beach, by effectively freezing all activity on state court action. It’s this injunction that Scientology now appeals.

    Scientology argues that the district court’s injunction (1) violates the Younger Abstention doctrine, which, most generally, bars federal courts from hearing certain actions which the state has previously exercised jurisdiction; (2) violates the Anti-Injunction Act, which prohibits federal courts from enjoining state court proceedings except in limited instances; and (3) was factually unsupported.

    The parties disagree over the applicable standard of review, which is often important (and thus fought over) because the standard determines the degree of deference the appeals court grants to the district court’s underlying decision. I’m simplifying somewhat, but Dandar argues that the applicable standard should be “abuse of discretion,” which constrains the appeals court to reverse only if “applied an incorrect legal standard, followed improper procedures in making the determination, or made findings of fact which were clearly erroneous.” (quoting from Dandar’s brief), and Scientology argues that the standard should be “de novo” (basically, “anew”), which defers nothing to the district court. Scientology’s argument on this point is weaker, as demonstrated by their citing to cases outside the 11th Circuit (as a general rule, when you’re only citing to cases outside the circuit in which you’re litigating, the law isn’t on your side).

    Scientology’s Younger Abstention (“YA”) argument is faulty, Dandar argues, because unlike every other case implicating the YA, the party before the district court is not a party to the state action. One of the elements of the YA requires that the party in the state action have an opportunity to raise a constitutional challenge, and this is an opportunity that the Brennan Estate obviously never had, not being a party. Scientology attempts some sleight of hand to pretend that this distinction is meaningless, but they’re wrong on this point—the state proceeding is an entirely different animal than federal wrongful death suit, unlike most instances where the YA is implicated, where the suit in both courts involve the same issues.

    The district court issued its injunction against Scientology and Judge Beach pursuant to the All Writs Act (and complementary Anti-Injunction Act), which authorizes federal courts to issue injunctions against state courts where they deem it necessary to aid (protect) their jurisdiction. Scientology basically argues that the state court proceeding punishing Dandar for representing the Brennan estate does not threaten the district court’s jurisdiction because the Brennan estate, they contend, could find different counsel. It’s never been clear to me, throughout this litigation, why it should even matter whether the Brennan estate can or cannot find alternate counsel because the state court requiring the withdrawal of an attorney from a federal case (after the federal court denied that attorney’s request to withdraw) should, to my mind, satisfy the All Writs Act. Of course, there’s no case law with facts quite like these, so it’s difficult to analyze what the circuit court will do. But I think the presence of unique factual circumstances favors Dandar, because I think the circuit court will be more likely to defer to the district court, with nothing to compare this to.

    Finally, Scientology argues that the district court’s injunction is factually unsupported, inasmuch as the district court did not conduct a hearing as to certain issues. Dandar doesn’t address this argument, and Scientology offers no case law in support of its argument. Scientology does have a point, in that the district court based certain aspects of its decision on facts not gleaned via a hearing. It’s not clear, however, that the district court’s decision relied on those facts in support of its injunction. And because the circuit court defers to the district court on factual matters, absent an abuse of discretion, Scientology’s argument is probably moot.
    • Like Like x 5
  25. AnonLover Member

    is this something scientology can change their stance, re-file or flip-flop on somehow? without knowing what other options they had to choose from, de novo seems like the lowut? option, and it would be worth a good chuckle to know their now stuck with that choice come what may.

    also - is it possible the court says NoU to both sides and picks their own choice for "standard of review" instead?
  26. tikk Member

    The standard of review for every legal circumstance is a matter of well settled law. However, if you frame the issue one way, the standard of review could be X while framing the issue differently will dictate that the standard of review is Y. And that's kind of what's going on here, in that Dandar and the district court sees the issue as whether the state court interfered with the jurisdiction of the federal court, while Scientology sees the issue the exact converse--whether the federal court exceeded its jurisdiction in enjoining the state court. However you perceive the issue will determine which facts matter, which in turn dictates the standard of review.
  27. Orson Member

    Thanks Tikk. You do a great job of breaking down the issues so those not familiar with the law understand what is happening and why. Glad you're around here. That last summary helped me catch up quite a bit.
    • Like Like x 2
  28. tikk Member

    This doesn't have anything to do with the Laura D case, this is the Kyle Brennan case. And it's not good news. The 11th Circuit reversed Merryday's injunction against Scientology and Judge Beach imposing sanctions against Dandar for his failure to withdraw from the case (based on the Lisa McPherson settlement agreement). Thus, Scientology may now seek to enforce its sanctions against Dandar, which I imagine will result in his withdrawal from the case.

    This doesn't necessarily threaten to end the Brennan suit, this threatens to end Dandar's involvement in it. His appeal would be to the U.S. Supreme Court.

    Maybe a mod can move this over to an appropriate Kyle Brennan thread.
    • Like Like x 1
  29. tikk Member

    {X-posted to more appropriate place}

    This doesn't have anything to do with the Laura D case, this is the Kyle Brennan case. And it's not good news. The 11th Circuit reversed Merryday's injunction against Scientology and Judge Beach imposing sanctions against Dandar for his failure to withdraw from the case (based on the Lisa McPherson settlement agreement). Thus, Scientology may now seek to enforce its sanctions against Dandar, which I imagine will result in his withdrawal from the case.

    This doesn't necessarily threaten to end the Brennan suit, this threatens to end Dandar's involvement in it. His appeal would be to the U.S. Supreme Court.
  30. Anonymous Member

    tks, tikk.
  31. subgenius Member

    fucked up shit
    • Like Like x 1
  32. DeathHamster Member

  33. subgenius Member

    Bob only knows what the cretins on the Sup Court would do with this
  34. RightOn Member

    crap
    two steps forward, one step back
    fucking cult hop scotch

    If Dandar ends up off the case, I hope they can get someone who knows their shit on the cult?
    I would imagine if Dandar doesn't appeal or loses the appeal that he wouldn't even be able to offer advice to the new lawyer or turn over what he has on the case to the new lawyer? How does that work?
  35. DeathHamster Member

    Can that idiot injunction be overturned at a higher level in the state courts, or has that been tried already?
    • Like Like x 1
  36. Anonymous Member

    I must have missed it. When exactly was Common Sense banned in the U.S. Justice system?
  37. xenubarb Member

    When Scientology came to Clearwater.
    • Like Like x 1
  38. DeathHamster Member

    The courts probably find Common Sense to be a Paine in the ass.
    • Like Like x 7
  39. AnonLover Member

  40. tikk Member

    I've only skimmed it and don't have the time at the moment to parse out the nuances--it's a pretty arcane legal issue unlikely to arise again in a Scientology context so I may not even bother. I feel bad for Dandar too. The only positive news is that this has no bearing on the case itself, only that the state court can effectively prohibit Dandar's involvement in it. I'm not entirely clear as to what remaining options Dandar has at the state level, so I'll try to figure that out.
    • Like Like x 3

Share This Page

Customize Theme Colors

Close

Choose a color via Color picker or click the predefined style names!

Primary Color :

Secondary Color :
Predefined Skins