May 12th Case Update - Marc Headley Deposition

re: May 12th Case Update - Marc Headley Deposition

Bearing in mind that RTC is a defendant in Claire Headley's case, I don't think there's any doubt that they'll get DM deposed (unless he does a runner).

re: May 12th Case Update - Marc Headley Deposition

Quoted for Truth, REPEATED FOR EMPHASIS.

I'll also add, there is nothing whatsoever wrong with receiving money in recompense for injury. Money is a fair enough substitute for the time, trust, innocence, and dedication that can never be recovered.

re: May 12th Case Update - Marc Headley Deposition

Would David Miscavige really commit perjury???

Well here are some of my thoughts on that very subject from my blogspot. And this is just a little sample.

"A series of postings called “The Miscavige Legal Statements – a study in Perjury, Lies and Misdirection”:
Posting #1 - October 7, 2008: Operation Clambake Message Board :: View topic - “The Miscavige Legal Statements – a study in Perjury, Lies
Posting #2 - October 7, 2008: Operation Clambake Message Board :: View topic - “The Miscavige Legal Statements – a study in Perjury, Lies
Posting #3 - October 7, 2008: Operation Clambake Message Board :: View topic - “The Miscavige Legal Statements – a study in Perjury, Lies
Posting #4 - October 10, 2008: Operation Clambake Message Board :: View topic - The Miscavige Legal Statements – a study in Perjury, Lies Posting #5 - October 11, 2008 Operation Clambake Message Board :: View topic - The Miscavige Legal Statements – a study in Perjury, Lies
Posting #6 - October 13, 2008 Operation Clambake Message Board :: View topic - The Miscavige Legal Statements – a study in Perjury, Lies
Posting #7 - October 18, 2008 Operation Clambake Message Board :: View topic - The Miscavige Legal Statements – a study in Perjury, Lies
Posting #8 - October 24,2008 Operation Clambake Message Board :: View topic - The Miscavige Legal Statements – a study in Perjury, Lies
Posting #9 - October 30, 2008 Operation Clambake Message Board :: View topic - The Miscavige Legal Statements – a study in Perjury, Lies
Posting #10 - November 11, 2008: Operation Clambake Message Board :: View topic - The Miscavige Legal Statements – a study in Perjury, Lies
Posting #11 - November 18, 2008: Operation Clambake Message Board :: View topic - The Miscavige Legal Statements – a study in Perjury, Lies
Posting #12 - November 26, 2008: Operation Clambake Message Board :: View topic - The Miscavige Legal Statements – a study in Perjury, Lies "

From my experience with David Miscavige and from information from "insiders" David Miscavige does not much care about anything said that does not directly expose him to the ridicule he deserves.

I am going to do one of my "prediction" threads next week (LOL) of things I feel are to happen very shortly. But I'd like to give a longer range personal opinion/prediction directly involving David Miscavige now:

When David Miscavige finally goes down legally and loses his position within RTC, he will go down as a coward, crying like a baby.

A long time ago Jesse Prince posted something that I believe to be true about David Miscavige. Jesse said that at one point it appeared that Miscavige would lose his struggle for power and would be busted by Hubbard himself. David Miscavige's response was to cry like a baby and say what others he would drag down with him by exposing the truth about them as well.

That to me is not only the sign of someone who has much to hide but it is the sign of a coward. Just as, IMHO, are his brutal actions against others while hiding behind lawyers, OSA and others a sign of a coward.

Whether or not Jesse was right, and I believe he was, IMHO Miscavige goes down crying and trying to drag others with him like the coward he is.

Some people cry when they speak their heart or when they are truly touched by something. There is nothing wrong with that whatsoever. But Miscavige will cry not because his heart is touched but rather because he is a coward.

Anyway, the above are some of my posts/comments about perjury and Miscavige.

IMHO

re: May 12th Case Update - Marc Headley Deposition

David Miscavige dresses in drag[STRIKE] and does the hula[/STRIKE]?

re: May 12th Case Update - Marc Headley Deposition

I think the main reason that some people think that this should be a criminal case and not a civil one if that is what they are really saying, is that ONE win on a case like this could end the cult, and set all of human traffic victims go. That would open the doors for 100's of civil suits with lawyers, that don't have to have a prior knowledge of the cult as there is nothing to fear from a headless organization. If someone replaced DM they would step all over themselves to expose more of his abuses to make sure those abuses didn't stick to them.

-and we could all go home, and stop fighting the cult, cuz it stopped being fun in 11 months ago. It would also be a sigh of relief for every ex who is still to afraid to look at a message board.

A civil case MIGHT cripple the cult and drag this out for ever and give the cult time to heal. A civil case is still an option if a criminal case does not work and would be much easier for 100's to fight if it does.

I will also ad that criminal cases will hurt more than just DM. DM is NOT the only person abusing people at gold. Do you want to let the other abusers off the hook ?

re: May 12th Case Update - Marc Headley Deposition

You bring up good points worthy of discussion.
Thx.

re: May 12th Case Update - Marc Headley Deposition

David Miscavige is the head of RTC. Unless he resigns or gets an unlikely protective order, he can be deposed in the Claire Headley case as long as RTC is a party. RTC has retained seperate legal counsel and is not being jointly represented by Mr. Moxon as is CSI.

It is RTC that threatened the motion for sanctions against counsel for filing a frivolous lawsuit. Basically, RTC contended that the statute of limitations had run against it because Claire had been transferred back to CSI shortly before she left. RTC also contended that human trafficking did not become illegal until 2005.

RTC is in Claire's case because she worked for RTC, but there are several alternative reasons to have RTC in the case. Most of these have been addressed in letters to opposing counsel, and in the latest versions of the complaints. So for you worriers out there , these are not secrets to defendants and their counsel. Also, one of the grounds for keeping RTC in Claire's case , and naming RTC as a Doe defendant in existing and new cases, is RTC's leadership role in the fraud and violations of law alleged in the complaints. Again, this is not a secret or matter of clever strategy on my part. Those are the cards we have been dealt, and they are on the table.

RTC's statute of limitation defense should fail because it is using the wrong accrual date. They are contending that the last day of employment is the controlling date, that Claire worked for CSI on her last day, so the action may be timely as against CSI but not RTC.

In addition to there being various tolling provisions that should apply. a recent case cited in the complaints held that the 4 year sol for a B&P 17200 action would run from the date of discovery not date of occurrence. This case has been final and citable as authority, but there were pending applications befeore the California Supreme Court to depublish the case or have it be reviewed by the higher court.

Just last week, the California Supreme Court denied all of these applications. The case is more solid than ever, and would seem fatal to any sol defense of RTC in Claire's case, AND ARGUABLY OTHER CASES LURKING ABOUT.

We will know more soon as the demurrers play out , but the odds are pretty high that RTC will stay in the case.

Will David Miscavige play a Hubbard and go "off lines" to avoid depositions? Will DM resign from RTC? If DM resigns from RTC, how will they justify paying for his extravagent lifestyle?
If DM does not attempt to counter plaintiffs evidence at trial , or in our possible motions for a finding of employment as a matter of law, who will? Alan Cartright? Warren McShane?

So, RTC will probably stay in the case and we have legitmate reasons to to take DM's deposition, however, it is not a matter of urgency or high priorty. We will be able to prove our case with witnesses on our side of the fence.

BTW--- It is my recollection that DM was deposed by Toby Plevin in the Corydon case. DM was present in the Los Angeles courthouse during the Corydon settlement conferences. It has been a few years, but it is my recollection that the deposition was not particulary useful. It was the party line.

The discussion of criminal versus civil lawsuits seems to assume that there are choices to be made. The government prosecutes criminal cases, the rest of us just do what we can. Graham has been trying to get the government to act for years. I applaud his eforts but he has that base covered.

BVS

re: May 12th Case Update - Marc Headley Deposition

I also applaud his efforts and hope that new, relevant information is delivered to every possible dept. of gov. as it is discovered.

re: May 12th Case Update - Marc Headley Deposition

Is that the "We don't do that anymore" defense by David Miscavige and RTC? ...

BVS, thanks for your posts, they are very informative. It must be assumed that you have a reason for disclosing this info (hopefully its a delivery of footbullets for happy fun cult).

re: May 12th Case Update - Marc Headley Deposition

Human Trafficking has always been illegal... not to mention immoral, unconscionable and perverted.

re: May 12th Case Update - Marc Headley Deposition

I thought there was a decision in 'Wollersheim v. Church of Scientology' that for all practical legal purposes RTC/CSI were one entity controlled by DM. And that's why the judge wouldn't let one or the other off the hook in that case. Or am I misremembering?

The best part of the Grady Ward depo with DM was the exchange regarding TR1.1 ;^))

BigBeard

re: May 12th Case Update - Marc Headley Deposition

Damn it! I knew I shoulda gotten my money in human tracking while it was legal! I waited too long and for only the past 4 years its been illegal....oh wait.

re: May 12th Case Update - Marc Headley Deposition

To a lay person, that sounds pretty incriminating in itself. I don't suppose we have access to the precise wording of what the RTC tabled in this respect?

re: May 12th Case Update - Marc Headley Deposition

Human trafficking - Wikipedia, the free encyclopedia

re: May 12th Case Update - Marc Headley Deposition

This was a result of Lincoln's Emancipation Proclamation of 1862. It took 3 years to pass the amendment, but it's been in place for 144 years.

re: May 12th Case Update - Marc Headley Deposition

Full text of the 13th Amendment:

The United States Constitution - The U.S. Constitution Online - USConstitution.net

re: May 12th Case Update - Marc Headley Deposition

Re Human trafficking:

CSI filed a demurrer to the human trafficking claim, which featured the argument that the California Human Trafficking statute was not passed until several months after the Headleys had left in 2005. The demurrer was not worth fighting over. This was used as an opportunity to expand and clarify various claims . The complaints were amended to expresssly plead federal human trafficking violations, common law torts, and involuntary servitude.

All three complaints now include express allegations of illegal forced labor under 18 USC section 1589, which was passed in 2000. The federal human trafficking statutes expressly provide for private causes of action. California Civil Code section 52.1 authorizes California courts to enforce certain types of federal rights.

re: May 12th Case Update - Marc Headley Deposition

EPIC WIN!
Not that I would ever find it funny to know that DM and Moxon's demurrer was yet another footbullet.

re: May 12th Case Update - Marc Headley Deposition

demurrer
n. (dee-muhr-ur) a written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on the point that even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit.

(Sorry, I had no idea what demurrer meant)

re: May 12th Case Update - Marc Headley Deposition

Wonderful update, this makes my day

re: May 12th Case Update - Marc Headley Deposition

I smell putthhy...