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 Post subject: Re: Media Alert
PostPosted: Mon Nov 28, 2011 9:59 pm 
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Last page of originally filed Jane Doe complaint: "Plaintiff demands jury trial in this action". But, initially, it is the judge who takes care of all of the preliminary stuff: making sure both sides are complying with demands for discovery, handling objections to discovery requests, handling motions to dismiss, motions for summary judgment, whether or not certain evidence will be permissible at trial, and basically playing referee to make sure both sides have a fair shake at trial.

I don't believe that defendant "delays" are generally factored into the sentencing. At least I have never heard of that in the States.


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 Post subject: Re: Media Alert
PostPosted: Mon Nov 28, 2011 10:34 pm 
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Prior comment regarding "sentencing" would apply to criminal cases, not civil as is the case here.


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 Post subject: Re: Media Alert
PostPosted: Mon Nov 28, 2011 10:37 pm 
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Thanks for that. I know downunder if one pleads guilty, one usually gets a reduced sentence and a good show of remorse helps (permanent residence at the Repentance Retreat perhaps). But all these delays would hardly stack up in the Remorse Credits ledger.
Is this trial likely to be open to the media? Most trials are downunder, but given the nature of the case a degree of sensitivity would probably be appropriate. There is the option of screens e.t.c.
Also is this likely to get much media coverage?


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 Post subject: Re: Media Alert
PostPosted: Mon Nov 28, 2011 11:52 pm 
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Everyone wants this law suit to end. More specifically, everyone wants it to end in a way favorable to them; everyone wants to win.

At the same time, no one wants a trial to begin. NTM is confident that they would not prevail. The plaintiff knows that NTM, through the agency of its attorneys, will do everything it can to humiliate, confuse and discredit her. The attorneys on both sides, all of whom are working very hard already, will have to work much harder if there is a trial. The State of Florida does not want to empanel a jury or utilize the judge's time for this case if it can avoid it; these things cost money.

This sounds like a situation ripe for compromise and, indeed, most civil suits are settled "out of court." This would be the very best outcome for NTM; what are they doing to bring it about?

They are putting as much pressure on Jane Doe 7 as they can. They would like to wear her down, deprive her of hope, drive her crazy if need be. Then, they could say, "Well, we were only doing what we had to in order to protect the assets of our missionaries, the majority of whom are not guilty of these sins or a cover-up thereof. If she had been obedient to the Word of God, this would never have happened."

They also seek to hide behind the actions of their attorneys, as if they are powerless to influence the conduct of their defense. "We didn't tell them to do that; it was just part of the normal legal defense strategy used by the Boy Scouts, the Roman Catholic Church and Girls Gone Wild."

And, of course, they are praying. I remember when I pressed criminal libel charges against NTM in Thailand, a Field Committee member sent out a newsletter asking his prayer partners "to pray that the judge would throw these charges out as frivolous." When I objected to calling a violation of criminal law "frivolous," he clarified that he didn't think that… he just wanted the judge to!


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 Post subject: Re: Media Alert
PostPosted: Tue Nov 29, 2011 12:13 am 
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Gene Long wrote:
Everyone wants this law suit to end. More specifically, everyone wants it to end in a way favorable to them; everyone wants to win.

At the same time, no one wants a trial to begin. NTM is confident that they would not prevail. The plaintiff knows that NTM, through the agency of its attorneys, will do everything it can to humiliate, confuse and discredit her. The attorneys on both sides, all of whom are working very hard already, will have to work much harder if there is a trial. The State of Florida does not want to empanel a jury or utilize the judge's time for this case if it can avoid it; these things cost money.

This sounds like a situation ripe for compromise and, indeed, most civil suits are settled "out of court." This would be the very best outcome for NTM; what are they doing to bring it about?

They are putting as much pressure on Jane Doe 7 as they can. They would like to wear her down, deprive her of hope, drive her crazy if need be. Then, they could say, "Well, we were only doing what we had to in order to protect the assets of our missionaries, the majority of whom are not guilty of these sins or a cover-up thereof. If she had been obedient to the Word of God, this would never have happened."

They also seek to hide behind the actions of their attorneys, as if they are powerless to influence the conduct of their defense. "We didn't tell them to do that; it was just part of the normal legal defense strategy used by the Boy Scouts, the Roman Catholic Church and Girls Gone Wild."

And, of course, they are praying. I remember when I pressed criminal libel charges against NTM in Thailand, a Field Committee member sent out a newsletter asking his prayer partners "to pray that the judge would throw these charges out as frivolous." When I objected to calling a violation of criminal law "frivolous," he clarified that he didn't think that… he just wanted the judge to!


This is very interesting. Given that the plantiff is Jane Doe 7, I presume her identity is secret, in which case does NTM know who they are dealing with? Assuming that delay is costing Jane Doe also, and as indicated she is probably on a pro bono basis, does the amount of settlement increase the longer this goes on?
All this delay and psycological game playing sounds like more abuse.
Many thanks for your insight, still trying to get my head round it all.


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 Post subject: Re: Media Alert
PostPosted: Tue Nov 29, 2011 12:31 am 
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I hasten to add that I am speculating on the thoughts and ideas that run through the various parties' minds.

I base it on experience, but not first hand knowledge. I certainly do not speak for Jane Doe 7.

I agree that NTM is heaping additional abuse on all of Les Emory's victims. Disgusting.


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 Post subject: Re: Media Alert
PostPosted: Tue Nov 29, 2011 2:14 pm 
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Thought this exchange might be of interest. The only thing I have changed is my real name.

Hi Pat, (Hendrix)

How is the appointment of investigators going? Just wondering what will happen to the offenders when the investigation is complete, as it appears under U.S. law they cannot be prosecuted for offending outside of U.S. boarders. I realise other countries are involved and New Zealand has already jailed one of their offenders.
Do I make a written statement, have an interview (in which case I would prefer face to face, not by telephone) or answer a questionaire?

Dear Bemused,

The appointment of investigators is coming along. I think I have enough to start another investigation. I don’t know what will happen to the offenders – that will come from a recommendations team once the investigations are completed.

You can make a written statement and will be interviewed. The interview can happen face to face. You can make your report to me (written or face to face) and it will be passed on to the investigators who will probably want to talk to you again.

Pat


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 Post subject: Re: Media Alert
PostPosted: Tue Nov 29, 2011 2:27 pm 
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Bemused, this is of great interest indeed, and worthy of close examination and discussion. I hope you don't mind, I'm going to copy it under "Future Investigations".


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 Post subject: Re: Media Alert
PostPosted: Tue Nov 29, 2011 3:02 pm 
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Brilliant idea, which is why they say two heads are better than one, see you on the other thread.

Over and out.


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 Post subject: Re: Media Alert
PostPosted: Thu Dec 22, 2011 12:20 pm 
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http://www.seminoleclerk.org/CivilDocket/case_detail.jsp?CaseNo=2011CA001682

12/15/2011 NHCY NOTICE OF HEARING 2/28/12 @ 1:30PM JUDGE SCHOONOVER
12/13/2011 NHCY NOTICE OF HEARING 2/28/12 @ 1:30PM

12/08/2011 R RESPONSES TO DEFTS 2ND REQUEST TO PRODUCE BY PLTF JANE DOE #7
11/10/2011 OBJT OBJECTION TO DEFTS NOTICE OF PRODUCTION FROM NON PARTY DTD 11/4/11/BY PLTF
11/07/2011 NPNP MEDICINE
11/07/2011 NPNP NOTICE OF PRODUCTION/NON PARTY DIRECTED TO R/C OF FAMILY SERVICE CENTER; R/C OF PINELLAS INTERNAL
11/07/2011 RQPD DEFT'S REQUEST TO PRODUCE TO PLTF
11/03/2011 NSAI NOTICE OF SERVING RESPONSES/ANSWERS TO DEFTS INTERROGS BY PLTF
11/03/2011 NFIL NOTICE OF FILING PLTFS RESPONSES TO DEFTS INTERROGS BY DEFT
10/28/2011 NSAI NOTICE OF SERVICE OF VERIFIED ANSW TO PLTFS INTERROGS BY DEFT
10/25/2011 R RESPONSES TO DEFTS REQUEST FOR PRODUCTION BY PLTF
10/25/2011 NSAI NOTICE OF SERVING RESPONSES TO DEFTS INTERROGS BY PLTF
10/24/2011 NSAI NOTICE OF SERVICE OF UNVERIFIED ANSWERS TO INTERROGS/BY DEFT
10/24/2011 R RESPONSE TO PLTFS 1ST REQUEST FOR PRODUCTION OF DOCUMENTS BY DEFT
10/24/2011 R DEFT'S RESPONSE TO PLTF'S 1ST REQUESTS FOR ADMISSION
07/28/2011 RQPD DEFT'S 1ST REQUEST TO PRODUCE TO PLTF
07/28/2011 NSIN DEFT'S NOTICE OF SERV OF 1ST SET OF INTEROG TO PLTF
07/26/2011 RQAD REQUEST FOR ADMISSIONS PROPOUNDED TO DEFT NEW TRIBES MISSION INC BY PLTF
07/26/2011 RQPR REQUEST FOR PRODUCTION TO DEFT NEW TRIBES MISSION INC BY PLTF
07/26/2011 NSIN NOTICE OF SERV OF 1ST SET OF INTEROG TO DEFT.
07/22/2011 NPNP NOTICE OF PRODUCTION/NON PARTY DIRECTED TO R/C WESH-TV (NO SUBPOENAS ATTACHED)
07/21/2011 RQ REQUEST FOR COPIES TO PLTF. BY DEFT.
07/05/2011 NHCY NOTICE OF HEARING ON 8/31/11 @ 2:30 PM JUDGE SCHOONOVER
06/16/2011 M MOTION TO DISMISS PLTF'S COMPLAINT/BY DEFT NEW TRIBES MISSION INC
05/19/2011 SUSD SUMMONS RETURNED SERVED NEW TRIBES MISSION INC 5/13/11
05/18/2011 NOAP NOTICE OF APPEARANCE OF DAVID O DOYLE JR OBO DEFT NEW TRIBES MISSION INC
05/10/2011 SUMI SUMMONS ISSUED/ NEW TRIBES MISSION INC/ OC PS
05/09/2011 CCST CIVIL COVER SHEET
05/09/2011 CMPL COMPLAINT FILED


"Notice of Hearing 2/28/2012"

Does this mean we're finally nearing the end of this long, drawn out, back-and-forth legal process???


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