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Watchtower v JW (a minor) Supreme Court documents (2019)

JW Leaks has published a full single volume of documents filed in the US Supreme Court in the matter of Watchtower v JW (a minor)

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DOWNLOAD: Watchtower v JW (a minor) Supreme Court documents (2019)

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Plaintiff and respondent J.W., through her guardian ad litem, sued defendant and appellant Watchtower Bible and Tract Society of New York, Inc. (Watchtower) and others for (1) negligence; (2) negligent supervision/failure to warn; (3) negligent hiring/retention; (4) negligent failure to warn, train, or educate J.W.; (5) sexual battery; and (6) intentional infliction of emotional distress. In January 2014, J.W. filed a motion to compel further discovery responses. On February 11, the trial court granted the motion in part. The trial court’s order compelled Watchtower to produce all documents Watchtower received in response to a letter sent by Watchtower to Jehovah’s Witness congregations on March 14, 1997, concerning known molesters in the church (1997 Documents).

By November 2014, Watchtower had not produced the 1997 Documents, and J.W. moved for terminating sanctions. At a hearing on the sanctions motion, the trial court offered Watchtower four days to produce the 1997 Documents. Watchtower declined the offer and refused to produce the 1997 Documents. The trial court granted the motion for terminating sanctions and struck Watchtower’s answer. The trial court clerk entered Watchtower’s default. After considering evidence, the trial court entered judgment in favor of J.W. and awarded her $4,016,152.39.

On appeal, Watchtower raises four issues. First, Watchtower contends J.W. failed to allege proximate cause in her first amended complaint (FAC). Second, Watchtower asserts its right of due process was violated. Third, Watchtower contends terminating sanctions were excessive because lesser sanctions may have been effective. Fourth, Watchtower contends the trial court erred by denying Watchtower’s motion for relief from the terminating sanctions.

A central thesis of Watchtower Bible and Tract Society of New York, Inc.’s (“Watchtower”) petition is that if it, as a religious corporation, claims that a document is protected by the clergy privilege, the courts are powerless to come to a different conclusion; indeed, powerless to even inquire as to the viability of that claim. (Pet. at 15.) According to Watchtower, the mere act of conducting judicial proceedings related to the claim of privilege results in excessive entanglement with religion. (Pet. at 20.) This radical position is directly at odds with hundreds of years of judicial precedent adjudicating—sometimes applying and sometimes rejecting—state law claims of clergy privilege.

Applying its thesis to this case, Watchtower argues that it is constitutionally entitled to affirmatively invoke the clergy privilege and seek court rulings upholding that assertion, but simply ignore any adverse rulings. As it had done in two prior cases involving similar orders to produce documents evidencing child molestation by its members (“Molestation Files”), Watchtower employed this “heads I win, tails you lose” approach in this case. (See, e.g., Lopez v. Watchtower Bible and Tract Society of New York, Inc., 246 Cal.App.4th 566 (2016); Padron v. Watchtower Bible and Tract Society of New York, Inc., 16 Cal.App.5th 1246 (2017).) It gambled that it could disrespect the judicial process and ignore court orders while the court lacked the authority to take meaningful action to correct its disobedience. It lost that gamble and was defaulted.

The First Amendment does not exist to provide religious institutions with a free pass to operate outside of the law.

MEDIA LINK

The Jehovah’s Witnesses want the Supreme Court to help them cover up sex abuse

POSTSCRIPT

In its Reply Brief filed this week in the Supreme Court, Watchtower claims it “is the ideal litigant to champion federal constitutional rights.” As evidence Watchtower cites a total of eight court cases in which it claims to have championed constitutional rights before the Supreme Court. An examination of those cited cases shows that Watchtower was not the plaintiff, defendant, petitioner, or respondent in seven of those eight cases.

Those eight cases cited by Watchtower are:

Schneider v. State of New Jersey, 308 U.S. 147 (1939)

West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)

Martin v. City of Struthers, 319 U.S. 141 (1943)

Murdock v. Pennsylvania, 319 U.S. 105 (1943)

Fowler v. Rhode Island, 345 U.S. 67 (1953)

Wooley v. Maynard, 430 U.S. 705 (1977)

Thomas v. Review Board, 450 U.S. 707 (1981)

Watchtower Bible and Tract Society of New York, Inc. v. Village of Stratton, Ohio, 536 U.S. 150 (2002)

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Jehovah’s Witnesses . . . Proclaimers of “soon” since 1879.

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JW Leaks publishes links to master database of over 1,000 confidential Watch Tower Society documents

JW Leaks has published mirror links to over 1,000 confidential Jehovah’s Witnesses organizational and Watch Tower Society documents, manuals, letters, forms, and policies.

JW LEAKS DOCUMENT DATABASE

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The JW Leaks Facebook page is still down, due to legal action and court action undertaken by Watch Tower Bible and Tract Society of Pennsylvania, Inc. We are currently in discussions with Facebook in relation to this.

New leaks can still be found by following our Twitter account ReligiousWatch

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jwleaks.org listen, obey, and be blessed

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About JW Leaks

JW Leaks is about openness, transparency and accountability within the Church of Jehovah’s Witnesses and the Watch Tower Society.

JW Leaks exposes and holds accountable the Watch Tower Society and those leaders within the Jehovah’s Witnesses organization that disregard or violate the laws of the land, and that cause religious harm to sections of the community.

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Jehovah’s Witnesses . . . Proclaimers of “soon” since 1879.

 

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Watchtower New York changes board of directors and officers

Watchtower Bible and Tract Society of New York, Inc. filed a notification of changes to its board structure as part of its 2019 Foreign not-for-profit corporation report for the State of Florida, USA.

The new changes, effective April 3, 2019, are:

President, Director: Harold Corkern*

VP, Director: Troy Snyder

VP, Director: John Larson

Secretary, Treasurer, Director: Mark Questell

Asst. Secretary, Asst. Treasurer, Director: Kent Fischer

Asst. Secretary, Asst. Treasurer, Director: Anthony Griffin

Asst. Secretary, Asst. Treasurer, Director: Edgar Rene Llerena

DOWNLOAD: Watchtower New York board of directors April 2019 – PDF

*Harold Corkern (Background): Governing Body helper, member of the Publishing Committee, appointed member of the US Branch Committee in 2002. Trained in ‘theocratic warfare’. Key player in the covering up of child abuse allegations within the United States.

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About JW Leaks

JW Leaks is about openness, transparency and accountability within the Church of Jehovah’s Witnesses and the Watch Tower Society.

JW Leaks exposes and holds accountable the Watch Tower Society and those leaders within the Jehovah’s Witnesses organization that disregard or violate the laws of the land, and that cause religious harm to sections of the community.

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Jehovah’s Witnesses . . . Proclaimers of “soon” since 1879.

 

 

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China Crisis for Jehovah’s Witnesses – 18 members indicted

18 Jehovah’s Witnesses indicted in relation to “using an evil religion organization” in China

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Open Invitation to the Governing Body of Jehovah’s Witnesses to Denounce the Actions of the Chinese Government and Prosecutors

We, Anonymous, demand that the Governing Body of Jehovah’s Witnesses give the same degree of attention to the plight of the 18 Jehovah’s Witnesses, indicted in China in relation to “using an evil religion organization,” as you did to the plight of Dennis Christensen, the Watch Tower Society representative in Russia.

On April 15, 2019, a total of 18 Jehovah’s Witnesses in China were arrested and charged with indictable offences relating to, “using an evil religion organization” to “incite the obstruction of law enforcement,” and one charge relating to, “obstructing law enforcement by organizing and using an evil religious organization.” Since the arrests, the Governing Body of Jehovah’s Witnesses have remained silent on the plight of these 18 Jehovah’s Witnesses in China.

Since April 15, 2019, the Governing Body of Jehovah’s Witnesses have published 11 individual articles on the JW.ORG website critical of the Russian government and prosecutors, and supportive of Dennis Christensen and other Jehovah’s Witnesses in Russia being prosecuted.

DOWNLOAD | China Crisis for Jehovah’s Witnesses 2019 (translation of indictment) – PDF

The Background

April 15, 2019 (Urumqi, Xinjiang). Authorities in China’s north-western Xinjiang region indicted 18 individuals on account of being Jehovah’s Witnesses, according to a formal prosecutor’s indictment paper.

China Indictment against Jehovah's Witnesses

Indictment issued against 18 Jehovah’s Witnesses in China

Those indicted are Liu Weiguo, Lin Zaiwu, Li Yifang, Lin Jie, Jiang Xijun, Gao Xinlian, Wang Xiaoqing, Yu Bingru, Zhang Min, Jiang Jinling, Chen Meiling, Fan Tao, Wei Pengfei, Cao Lili, Ma Xiaojun, Yang Hua, Shi Xianhe, and Xu Yanli. All except for Jiang Xijun were charged with using an “evil religious organization” to incite the obstruction of law enforcement, and Jiang received a law enforcement charge for allegedly “obstructing law enforcement by organizing and using an evil religious organization.”

The indictments evidence that the defendants violated religious management regulations by establishing a congregation in Korla, Xinjiang, and converting 63 people, among other accusations of “spreading superstition and heresy” and preventing people from joining Communist Party organizations.

The charges

All charges are brought under Article 300 of the Chinese Criminal Code:

Article 300:

Whoever organizes or uses superstitious sects or secret societies or evil religious organizations, or uses feudal superstition to undermine enforcement of the state’s laws or administrative regulations shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than seven years.

Whoever organizes or uses superstitious sects or secret societies or evil religious organizations, or uses feudal superstition to deceive another person and causes death of the person shall be punished according to the provisions of the preceding paragraph.

Whoever organizes or uses superstitious sects or secret societies or evil religious organizations, or uses feudal superstition to rape a woman or defraud property shall be decided a crime and punished respectively according to the provisions of Article 236 and Article 266 of this Law.

jwleaks.org listen, obey, and be blessed

About JW Leaks

JW Leaks is about openness, transparency and accountability within the Church of Jehovah’s Witnesses and the Watch Tower Society.

JW Leaks exposes and holds accountable the Watch Tower Society and those leaders within the Jehovah’s Witnesses organization that disregard or violate the laws of the land, and that cause harm to sections of the community.

Sources: 

http://theconversation.com/jehovahs-witnesses-neglected-victims-of-persecution-114141

https://www.newsweek.com/trump-administration-slams-countries-china-russia-violating-religious-freedom-1254633

https://www.getreligion.org/getreligion/2019/2/10/for-russias-jehovahs-witnesses-and-chinas-uighur-muslims-politics-overrides-all-religious-freedom-claims

https://www.chinaaid.org/2019/06/18-indicted-for-being-jehovahs-witnesses.html

https://www.jw.org/en/news/jw/region/russia/

 

How to Survive Being Jehovah’s Witness in China?

Persecution Against Jehovah’s Witnesses Escalates in China

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JW LEAKS: a message to Jehovah’s Witnesses and everyone else

To all our supporters and followers over the past two years

JW Leaks would like to take the opportunity to thank everyone who has visited this web site, or contributed to this web site, over the past two years. Without your support we would not be here.

If you have not already done so, or if this is your first visit, please take the time to explore JW Leaks and learn the truth about the truth.

Want to know more about JW Leaks? Try our Frequently Asked Questions page where you can find the answers to the following questions:

  • Is JW Leaks an apostate web site?
  • Who are you?
  • Is JW Leaks an organization or a legal entity?
  • Can the information on JW Leaks be trusted?
  • Has the Watch Tower Society or Jehovah’s Witnesses ever commenced legal action against JW Leaks?

THE TEAM @ JW LEAKS

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jwleaks two year anniversary

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Jehovah’s Witnesses . . . proclaimers of “soon” since 1879.

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