Narconon of GA - Judge rules against Narconon with most severe sanctions

Discussion in 'Media' started by Anonymous, Nov 8, 2012.

  1. Anonymous Member

    This story was on the 6:00 pm ABC local news in Atlanta this evening. Judge wasn't accepting any of their bullshit, and handed down the most severe sanctions possible. The judge also ruled that Mary Reiser was lying to the court, and that Narconon was guilty of obstructing justice.

    Narconon can appeal the judge's ruling, if they want. The trial will begin next February.
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  2. Anonymous Member


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  3. Anonymous Member

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  4. Anonymous Member

    Anyone know what the penalty is for perjury in Georgia???
  5. Anonymous Member

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  6. Intelligence Member


    By Christian Boone
    The Atlanta Journal-Constitution

    In a rare move, a DeKalb County state judge has withdrawn a Norcross drug treatment facility’s response to allegations in a wrongful death lawsuit filed by a former patient’s parents.

    Judge Stacey K. Hydrick said in a court order Nov. 5 that Narconon of Georgia “intentionally, willfully and repeatedly provided false and misleading responses to plaintiff’s discovery requests regarding issues relevant to the resolution of this case.”

    Narconon “repeatedly failed to produce, and on multiple occasions falsely denied the existence of clearly relevant, responsive documents and information,” Hydrick wrote.

    As a result, the allegations against Narconon will essentially go unanswered, which will be to the suing parents’ advantage.

    “This judicial order is as sharply worded rebuke of a party as one is likely to see in American courts,” said University of Georgia law professor Ron Carlson, calling the sanctions “very uncommon.”

    In their suit, the family of Patrick Desmond — who died of a drug overdose four years ago while a patient at Narconon of Georgia — alleges the rehabilitation facility duped them into believing it provided in-patient care even though it lacked the proper license.

    Their suit, filed in May 2010, also accuses Narconon of Georgia of lying to Florida’s drug court, which had sentenced Desmond to six months in an in-patient residential facility.

    Those accusations will go uncontested during the civil trial, scheduled to begin in mid-February, unless an appeal is granted, Carlson said.

    In a statement, Narconon of Georgia’s lawyers said they “respectfully disagree” with Hydrick’s order.
    “We are now pursuing the only avenue available to us to try to seek appellate review of the order at this time,” said attorneys Steve Miller and Barbara Marschalk in their statement.

    That appeal cannot be granted, however, without Hydrick’s permission.

    Information contained within the Desmond lawsuit – first reported by the Atlanta Journal-Constitution last month — has led Georgia’s Department of Community Health to reopen an investigation into Narconon of Georgia.

    The state has received a decade’s worth of complaints that Narconon, licensed only for outpatient care, was illegally operating a residential facility. But investigators say they never had enough evidence to prove the accusations, even though a number of its inspectors believed the Norcross treatment facility had repeatedly misrepresented itself.

    DCH director David Cook said the state can’t act against Narconon solely on the basis that it may have made false claims about providing residential care.

    “There’s a distinction between running a residential treatment facility and holding oneself out as a residential treatment facility,” Cook told the AJC. “The violation would be actually running a residential treatment facility.”

    Attorney Jeff Harris, who represents Rick and Colleen Desmond, said his clients were “very gratified” by the order.

    “Though they realize it won’t bring their son back, they feel this brings them one step closer to shutting down Narconon for good,” he said.
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  7. Intelligence Member

    DeKalb judge strikes answer by Scientology-linked rehab

    A DeKalb County judge has struck the answer of a Church of Scientology-linked drug rehab program that's being sued for the heroin overdose death of a man while he was in treatment.
    State Court Judge Stacey Hydrick on Monday issued the heavy sanction on Narconon of Georgia, saying the defendant "provided false, misleading written discovery responses and deposition testimony" in response to requests for evidence about claims that the rehab center ran an unsafe and unlicensed facility.

    The punishment means that allegations contained in the complaint will be deemed to be true when the case goes to trial in February, said plaintiffs attorney Jeffrey Harris.

    Harris said Narconon's discovery abuse was "so pervasive and so bad."

    "I'm confident there remain documents out there that we still haven't gotten," said Harris, of Harris Penn Lowry Delcampo. "Some of them I know are missing because the documents we have talk about them. The documents we do have make it clear that there are other documents that have not been produced."

    Hydrick's order noted that she didn't find fault with the conduct of Narconon of Georgia's lawyers, Stevan Miller and Barbara Marschalk of Drew Eckl & Farnham. Instead, the judge blamed their client.

    Narconon has requested a certificate of immediate review to pursue an appeal with the Court of Appeals, Miller and Marschalk said in an email. Hydrick hadn't signed the certificate as of Thursday.

    "We respectfully disagree with the Order signed by Judge Hydrick on Monday, November 5th. We are now pursuing the only avenue available to us to try to seek appellate review of the Order at this time," Miller and Marschalk wrote.

    Although Harris said striking the answer is the appropriate sanction, he would have preferred that Narconon had turned over documents indicating willful negligence.

    He said he'll be able to show jurors boards displaying facts that are deemed to be pro
    ven, but he'll have to lay an evidentiary foundation that the jury can use to assess damages.

    Hydrick's order didn't cover racketeering claims contained in an amended complaint, so those assertions will still need to be proven, Harris said.
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  8. Anonymous Member

    Duplicate thread. Mods, please merge.
  9. Intelligence Member

    ^^^ sorry bout that - :)
  10. incog712 Member

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  11. Anonymous Member

    No. Yours is better. :) The other one had someone's comment w/o info, and some dumb fireworks pics.
  12. Intelligence Member

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  13. Intelligence Member

    Narconon can ONLY Appeal IF the Judge who made this ^^^ decision agrees to allow the appeal.

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  14. Intelligence Member

    SCIENTOLOGY/Narconon = NOW RUNNING A ZOO - >> "They were essentially running a drug rehab facility that was basically a zoo."

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  15. Intelligence Member

    The judge's order said that Narconon of Georgia's executive director, Mary Rieser, made "patently false" responses in a deposition when she said students weren't aware of the circumstances of Desmond's death and when she said statements about his death had been shredded.
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  16. mongrel Member

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  17. Anonymous Member

    Looking for an explanation of this legal action
    Legal anon please explain?
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  18. Anonymous Member

    David plz link to this
  19. Intelligence Member

    Correction on this after going back one page. It appears to be Harris that stated ZOO, not Judge?

    "Narconon engaged in a pattern of misrepresenting themselves to both courts and to patients and their families," he said. "They were essentially running a drug rehab facility that was basically a zoo. There just wasn't any supervision and it was completely out of control."

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  20. Anonymous Member

    This is what the judge said to the plaintiff because Narconon was messing with the legal system:

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  21. Anonymous Member

    • Winner Winner x 4
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  22. :).

    Awesome,but long overdue.
    Still NarCONon has fallen off the edge of a cliff,and hasn't hit bottom.
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  23. Intelligence Member

    What I have seen and heard from Investigators and Judicial entities over the past
    two years, is they get VERY pissed when the Cult is caught in lies or trying to avoid
    Justice with BS delays etc. This Cult, obviously has not learned from past mistakes.

    When all of this Case is presented to a Jury, the Punitive, Moral and other damages,
    could be staggering indeed.

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  24. Intelligence Member

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  25. Anonymous Member

    Win after win after win after...

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  26. Intelligence Member

    The judge ordered Narconon of Georgia's response to the initial complaint stricken from what the jury will be able to consider. That means the facility's attorneys cannot deny that it misrepresented itself, that it operated an illegal residential facility, and that negligence led to Patrick Desmond's death.
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  27. Anonymous Member

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  28. Anonymous Member

    "If you can't get those documents and can't get that evidence, you can't prove your case. The only way to make the punishment fit the crime is to basically deem the case as being admitted as true," said Harris.

    So that's what it means- Narconon's explanation is withdrawn and therefore the charges are "uncontested"? Oh wow.
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  29. Anonymous Member

    I believe this judge is suffering from the rare complaint, Justicitis, I hope it's catching.
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  30. Anonymous Member

  31. Intelligence Member

    Thank you MODS for merging Thread <3
  32. Intelligence Member

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  33. RightOn Member

    yes yes oh yes!!!!!
    brb cold shower
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  34. Intelligence Member

    ***November is Narconon Nemesis Month 2012*** - a Month of ground-breaking Justice and Victory ♥

    &quot;Patients Grasshopper&quot; :)

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  35. Anonymous Member

    I love it when you tease us Intelligence, cause I know you deliver.
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  36. Intelligence Member

    LOL - - indeed, it appears YOU do know me. I suggest not sleeping in too much into
    the late afternoon tomorrow ,..., or for the next few days? Actually, late next week
    looks FRIKN' AWESOME too :)

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  37. Anonymous Member

    Careful Captain Nemisis your smug is showin. ;)
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  38. AnyOldName Member

    Uh-Oh. Someone's headed to the Hole.

    The Demented Midget must be pissed - he's going to make someone pay.... (for saying and doing what he told her to)
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  39. Intelligence Member

    Ok, but I'm not taking it back - LOL :) - - it's been a dry few weeks working in the
    back-ground and such and when a story like this Thread breaks, I get pretty pumped.

    I've been at this for 3 yrs and 5 days non-stop and I don't regret it one bit ;-)

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  40. Intelligence Member

    Indeed, DM must be pissed crazy right now. AND that Karin Pauw he chose for his OSA mouthpiece
    will receive her "Cum-Up-Ance" soon too:)

    I HAVE ALL FINGERS CROSSED that this Case is heard by the Jury and NOT settled. This
    is such an important Case and will help all the other Cases huge.

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