re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation I don't see why it isn't possible for two judges to interpret a deal in different ways. There doesn't need to be any kind of shady business for this to have happened and I think what makes the most sense is that there were differing interpretations.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation It may be that in the light of day, one interpretation will be clearly more credible than the other - of course, it's unlikely the text of the deal will actually come to light. Without knowing what it says, it's really impossible to come to a conclusion re shady dealings or not - there is certainly a track-record of dodgy, if not corrupt, goings on at the state level relating to other cases (per the Adams case referenced earlier) - but equally it might be that the wording is easily interpreted both ways.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation I'm sure that they have dossiers on all the judges in the area. Not just blackmail, but the type of arguments to use with them, possible influences, etc. So they'll know which judges will be friendly, but I don't know how they make sure that they get the right judge. (Timing?) Scientology's War Against Judges December 1, 1980, James B. Stewart Jr., American Lawyer During the Lisa McPherson criminal and civil trials (and the up/down of various motions), I did notice that they seemed to be changing judges very frequently, but don't know enough to know if there was anything strange about the swaps.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation You're right that that is always possible. Interesting insight from marty, though. Not saying it's what has happened here.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation I emailed Dandar, asking him. Here's Dandar's info so anyone wishing to email him or phone him. He seems to work on the case on weekends mostly, he has other cases, and he's not being funded, but if there is a settlement or win, that's how he'll get paid in the end, but I think he's doing it mostly because of the challenge and the rightness of just doing this case. dandarlaw@aol.com Ken Dandar Dandar and Dandar 5509 West Gray Street, Suite 201, Tampa, Florida. Phone: 813-289-3858
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation Imma just put this up here for no apparent reason:
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation Well Said , Well said , More power to you XenuBarb , for simply stating what "we" where thinking
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation After reading all of this thread early this morning, I had to go for a walk. It is such a sad story and I feel deeply for the family. I'm still fairly new to how scientology behaves and acts, but this story reminded me of Paul's kids and Lisa. My heart goes out to the family. I hope the cult pays dearly for this.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation And where is Kyle's father? Getting advice from Kendrick Moxon on how to stifle your human emotions over the death of your child. A death you contributed to. If one can live with that, they are truly "Homo Novis", i.e. non-human. Those that can make you believe absurdities, can make you commit atrocities.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation Barb I'm not sure what you think your little letter there will accomplish other than perhaps giving the judge a laugh. You come off as crazed, petty and juvenile. Not to mention the fact that telling a judge that people will dance at his death isn't exactly the smartest thing in the world to do. Take some time to mourn your father's passing, you're obviously not in a state of mind to be anywhere close to reasonable. Seriously though, you need a break from this stuff if this is what it's doing to you.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation You can use Victoria Britten's paypal. She's the mom of Kyle, who Dandar is suing for. Her email address where you can use to find her Paypal account is Vbreton2062@aol.com
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation "My PayPal account is for email account of kgd201@gmail.com Ken" above from Ken Dandar _________________ Ken's trying to cover costs for purchasing the transcripts he needs of recent weeks of court docs that have been filed by CO$ Chuck Beatty 412-260-1170 Pittsburgh
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation I sent a little something Best Regards Jens
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation FWIW to those who may wish to contribute, I can confirm that both Ken and Victoria are heavily involved with this case and I am in touch with both of them. The above is indeed Victoria's email address.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation Defendant's joint motion for summary judgment can be read here, hot off PACER. The first two paragraphs summarize their argument: When a party files a motion for summary judgment, they need to show that there are no issues of fact for a jury to decide and the matter can be disposed of by a judge on a legal basis alone. If Brennan/Gentile/FLAG win their motion, the case is over, and if they lose the case proceeds to trial.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation Yeah, I'd certainly like to see that because the cult has made what seems like a really convincing effort to show (to this unqualified reader) that the plaintiff is hanging on little more than a wing and prayer.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation Sorry for e-layering, but all the plaintiff needs is motive, means, opportunity on the two accounts. The two points (graciously summarized by the defendant) is taking away Kyles medication against his wishes, and "negligently or willfully provided access to a gun". Considering Kyle was living with his father, means and opportunity is established. Motive shouldn't be too hard to prove.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation When it shows up, yes. As this was just filed yesterday it'll take a bit for the response to appear, not sure how long Dandar has to file one.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation IANAL After reading through, I have to acknowledge that the cult seems to have a lot of relevant stuff to say. There is some stuff from reading between the lines: Father left Kyle, knowing that Kyle was being medicated for depression, in a flat with access to gun and bullets. This is barely even touched upon in the doc. There may be something in the auditing files that is contradictory to what Denise has to say according to the doc. The mother is clearly very upset - and, not unreasonably so, and understandably needs someone to blame. Kyle died while in the vicinity of cult, Kyle was depressed, Kyle's medication was not available to him - adds up to cult is to blame. Aunt said she wondered (early on) if Kyle was 'travelling around, saying goodbye to people' - my training as a phone counsellor and separately as a youth-group facilitator, with (limited) training with regard to suicide, rang loud alarm bells at that. I wonder who knew, and when, that she wondered that. There is a large focus on the aspect that the denial of medication (if true) would not trigger a medical reaction causing suicide, and the evidence to back that up seems solid; BUT what about the emotional aspect of Kyle being restricted from making his own decisions. The evidence equally suggests that Kyle HAD been taking his lexapro for many months, even if not regularly enough to work properly - and now he could not make that choice for himself - this aspect of control over his own life is never touched upon in the doc. The line about 'putting the meds in the boot of the car' because that is what the father 'did with stuff' is laughable - why didn't the father put it in the father's bedroom - after all, if he assumed the gun and bullets were 'out of reach' by being in the father's bedroom, surely the same would apply to the pills. Perhaps Kyle was hunting for his meds and found a gun instead. The computer files stuff is just weird, but seems to be innocent - based on the info in the doc. There seems to be a conflict between the mother wanting to gain access to records that might prove involvement by Ms. Gentile, and this motion to dismiss on the basis of there being no evidence that Gentile was involved. Don't know where they are with discovery, but an awful lot is based on "mother has no evidence to show ..." which seems true for the most part, but to what extent is that because evidence is being withheld. Cult uses expert witness who refers to Psychiatric DSM - fucking hypocritical cult. There is a LOT of cited case-law in the doc - I know this is what is done, but it seems to me a LOT of money is being spent on lawyers here. Tikk? The point is made that the police found the father acted with no criminal intent - I buy that, I'm sure he didn't intend his son to die, but would rather he was 'handled' pre instruction (I note how they try and construe an instruction as a suggestion) - but there seems to me a strong argument for negligent contribution (the gun) and active involvement (the placing of the meds where Kyle was unable to decide for himself in the moment if he wanted to take them). Kyle was seriously fucked up, and never got the mental health care he needed, regardless of who might or might not share some of the responsibility for his suicide. A big part of that is the lack of socialised health-care in the US - sorry to get political, but it's just true. The full facts may never come out, and blame may never be properly apportioned, but 'the system' shares part of it. --- If you're gonna have a go at me for, or argue, any of the above, please at least read the full doc first.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation This is well reasoned analysis, but I think you're giving Scientology a bit too much credit. I'll wait until Dandar responds before attempting discuss in depth but I'll note a few things to keep in mind while reading. First, the recitation of the fact section of any motion will always read neutral but is actually skewed. So while there is likely nothing in their motion that is factually untrue, it could very well be misleading, and you have to read between the lines sometimes to see what's not being said as opposed to what is. In this case there's a good chance we don't know what isn't being said because we don't have access to the entire factual record from which the cult had the luxury of cherry picking to draft this motion. Second, some of what constitutes the evidence they're relying upon is hearsay, I believe. Tom Brennan testified in deposition that Kyle handed him the bottle of Lexapro and stated "I hate this shit. It makes me sick." I don't see how that statement is admissible given that Kyle isn't around to verify it and it exculpates (favors) Tom. I'll have to look into where Florida is on the Dead Man's Statute hearsay exception, but to my eye that's hearsay.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation Thanks Yah - well pointed out - I absolutely acknowledge that so far it's just one side of the story!
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation I do love me a bit of dirty legal talk, but the necrophilia might be pushing it a bit.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation Where I come from this case is cut and dried: * Father fail to ensure his son takes his medication, son dies = dad to blame * Father lock away his sons medication, son dies = dad goes to prison
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation The defense reeks. Tom Brennan makes up some shore story about Kyle's meds, which he has been taking, then bails to California. Surely the act of an innocent man with nothing on his conscience?
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation So how is scientology legally responsible for what happened?
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation Read the list of defendants. Then the complaint.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation His son hated the pills so much that the pills had to be locked in a cabinet to prevent his pill-hating son from consuming the pills.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation I read both and I fail to see how scientology is at fault for what happened. The father certainly should be punished for contributing to what happened. Just because his scientology beliefs made him think taking the kid off of the meds was a good idea doesn't mean scientology is legally to blame for what happened from what I can tell.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation I emailed Victoria. They actually need to purchase transcripts of several depositions.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation Given that Dandar is well aware of how hard it is to litigate against the cult, and given that he's doing this pro-bono and given that he's not a useless faggot, and despite the cult's desire to unlevel the playingfield before it begins, then I imagine that he's not doing this for jollies. There is valid legal claim (and the judge thinks so too since it survived the cult's motion to disimiss as per OP). That's not a complete answer but I am not a lawyer and your question wasn't very specific in any case. Dandar's upcoming response to this new motion for summary judgment will likely spell out the any missing answers for you and its pointless us pontificating at this juncture.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation I dunno, this Dendar guy seems to me like an activist with an axe to grind. That might not be a bad thing but it does mean that I don't know how much I would trust his judgment when it comes to a chance to stick it to the Church. At the very least you have to consider the possibility that he would stretch any possible legal claim if it meant he had a chance at hurting scientology. Obviously I can't say whether or not that is happening here. But it provides enough doubt for me that I'm not just going to assume there is something valid in the case simply because this guy took it on.
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation You have a real problem with spelling names correctly. Is there any particular reason for that?
re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation Why would he carry around his pills the whole time, if he hated them so much and didn't want to take them? He could have just thrown them away instead of giving them to his father. This only makes sense,if his father at least encouraged him not to take the evil "psych drugs" anymore.
