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February 3, 2014, Hearing - M. Rathbun v. CSI, RTC, Miscavige

Discussion in 'Monique Rathbun' started by TG1, Feb 3, 2014.

  1. TG1

    TG1 Angelic Poster

    And we're off ...

    There's live blogging (as Judge Waldrip permits the bloggers) at Tony O's today.

    Today we'll see some new faces: Squirrelbusters Ed Bryan and John Allender, as well as OTVIIIisGrrr8, also known as J. Swift and Jeffrey Augustine. Also in attendance is Kendrick Moxon and a DSA from Austin org.

    What fresh hell will Judge Waldrip have to contend with today from defendants' counsel? What does Ray Jeffrey have up his sleeve?
  2. TG1

    TG1 Angelic Poster

    I have a busy day, so I won't be pasting stuff here all day from Tony's blog. (Anyone who does have time to do so -- please go for it.)

    However, here are a few posts to get you started. You can check in on him all day today at

    Note that all times posted below are Eastern US time:

    10:36 am

    This morning’s bombshell: Ray Jeffrey has filed a new motion accusing Scientology of submitting video evidence that is “incomplete and defective.”

    You remember that last week, we told you that Scientology had turned over evidence it was required to submit, but marked it “attorney’s eyes only.” What was that evidence? A terabyte of video. It was supposedly all of the footage that the Squirrel Busters and other Scientology operatives had shot of the Rathbuns in their surveillance operation.

    But even though Monique’s attorneys couldn’t share that video with Monique and Marty, the attorneys themselves discovered that what Scientology had turned over was incomplete and misleading.

    How did they do that? We can explain.

    10:40 am

    Back in October, we told you about the crazy chance meeting between Marty Rathbun and Israel Cardoza, a videographer who had worked for Scientology to film the Rathbuns before the Squirrel Busters operation. Well, Mr. Cardoza had footage to share with Monique’s legal team, and it shows that the evidence Scientology turned over last week is missing key moments that tend to show Scientology in a bad light.

    In other words, busted.
  3. TG1

    TG1 Angelic Poster

    10:44 am

    As we said, Jeff/Swift/OTVIII is in Comal County, but he’s not in the courtroom. We don’t know WHAT that guy’s up to.
  4. TG1

    TG1 Angelic Poster

    10:48 am

    Judge Waldrip has entered the courtroom. And hold onto yer butts — Mike Bennitt thinks he may have spotted Joanne Wheaton!


    TG1 note - Joanne Wheaton is that ratty looking blonde camp follower who hung out for months in Ingleside on the Bay as one of the Squirrelbusters.
  5. TG1

    TG1 Angelic Poster

  6. Udarnik

    Udarnik Gold Meritorious Patron

    Dib, please, please pleeeeeeeeease issue a bench warrant for COB's arrest for contempt of court.

    [Edit - I know this is not happening anytime soon, but everyone needs an aspirational goal, right? :biggrin:].
    Last edited: Feb 3, 2014
  7. uncover

    uncover Gold Meritorious Patron

    I am curious if they have been ordererd there by the Co$-law-benders to testify how "religious" they are and that their constant harassment is a "religious matter they practiced without any knowledge, order or contribution of David Miscavige". Could be funny to watch such a testimony on video.
    Last edited: Feb 3, 2014
  8. The Sloth

    The Sloth Patron with Honors

    Their testimony is meaningless. Put Lubow on the stand.
  9. Pooks


    OMG OMG OMG!!!

    12:31 pm

    J. Swift is out of the courtroom, and he says Ray Jeffrey showed the one minute, no audio video that the church had supplied, which showed Monique pulling up to her house. Then Jeffrey showed the complete 10-minute clip with sound.

    Monique pulls up, sheriff’s deputy arrives, asks the videographer who he is and what he’s doing. He says that he’s working for Eliot Abelson and Monty Drake.

    It’s very damaging, J. Swift is saying.

    It was a shock in the courtroom, he says. Ray asked if he found any other discrepancies, could he submit those, and Judge Waldrip replied, if you find any other time bombs, you can.


    12:32 pm

    The judge said very sharply to Cedillo that there was no reason to parse that video.

    Cedillo didn’t respond, Swift says.
  10. Pooks


    DM is so fucked.

    I can hardly wait to see if there is video footage of this.

    12:36 pm

    Swift says there was a back and forth fight about Ray even showing those videos, but Waldrip allowed it. He’s now going to head back into court.

    He also says that Jeffrey Riffer is in the room. Remember Riffer’s over-the-top letter describing David Miscavige as “one of the greatest individuals of our time”? Amazing.
  11. TG1

    TG1 Angelic Poster


    The Church has just tainted ALL the "evidence" it has turned over.

    The Church has just made it a slam-dunk decision for Judge Waldrip to permit all the Church's "evidence" to be examined by by Mosey and Marty. That's the end of "attorneys' eyes only" discussions.

    Finally, the ones in that courtroom who are getting an even bigger education now than anyone else, including Judge Waldrip, are the Church's and Miscavige's lawyers. They are now thinking: "Gulp! What the fuck! How can I trust what my clients are telling me? How soon before I have to hire my own lawyer to advise me in this situation? And how's that going to affect the profitability of my representing these out-of-state assholes?"

  12. AnonKat

    AnonKat Crusader


  13. TG1

    TG1 Angelic Poster

    OK, so here's an interesting question:

    To what extent does outside counsel bear responsibility for ensuring that his client is complying lawfully with opposing parties' discovery requests?

    Consider this excerpt taken from a legal blog:

    I’m Responsible To Do What? Counsel’s Affirmative Duty To Ensure Compliance With Litigation Holds

    "A corporate defendant discovers that it will be subject to litigation, yet it actively destroys probative, relevant evidence. Many of us have read, or heard of, opinions where judges have punished a spoliating-defendant by issuing sanctions anywhere from an adverse inference instruction to an entry of default judgment. In recent years, however, it is not only the client that has felt the weight of the responsibility in discovery matters. Starting with Zublake v. UBS Warburg (“Zublake V”), 229 F.R.D. 422 (S.D.N.Y. 2004), courts all over the country have emphasized the duty placed on counsel—both in-house and outside—to ensure that clients comply with their discovery obligations."

    The legal blog continues at

    (heh, heh, heh)

    P.S. "Spoliation" means the action of ruining or destroying something.
  14. TG1

    TG1 Angelic Poster

    P.P.S. To this point, the cult's lawyers have been led around by the nose by Monique Yingling and her client. At some point, they're going to have to start acting like actual officers of the court.
  15. AnonKat

    AnonKat Crusader

  16. Udarnik

    Udarnik Gold Meritorious Patron

    And a former State Supreme Court Justice who thought he was going to run rings around this two-bit County judge by appealing minor technicalities until the judge gave up, just got his ass handed to him - by his own client. There is no way to make this kind of shit look good to an appellate court.
  17. Udarnik

    Udarnik Gold Meritorious Patron

    Oh yes, my company's attorneys are all over us like white on rice to save every email and scrap of paper whenever there is a legal hold on a project. Counsel is now scared shitless of getting dragged into spoliation litigation.
  18. Udarnik

    Udarnik Gold Meritorious Patron

    I want to know if there is video footage of DM at the moment he got news of this.

    I've always wanted to see someone's head explode.
  19. Pooks


    LOL Cult attorney's are wondering if the money is really worth it. They think their client is bad, but have no idea just how bad.
  20. Mimsey Borogrove

    Mimsey Borogrove Crusader

    About the Writ of Mandamus - if CofS files for one, doesn't Ray get to respond to it, in the higher court? It's not like they can just fabricate some BS and have the higher court act on it blithely, right?

    Also - Ray brought up the fair game law - isn't that church scripture... is he out on thin ice by bringing it up?