Marty: Scientology Ex Parte Communication With Judges During Lisa McPherson Case

Zhongjianren

Patron with Honors
Florida Statutes Annotated Currentness
Rules Regulating the Florida Bar

Rule 4-3.5. Impartiality and decorum of the tribunal

(a) Influencing Decision Maker. A lawyer shall not seek to influence a judge, juror, prospective juror, or other decision maker except as permitted by law or the rules of court.

(b) Communication with Judge or Official. In an adversary proceeding a lawyer shall not communicate or cause another to communicate as to the merits of the cause with a judge or an official before whom the proceeding is pending except:

(1) in the course of the official proceeding in the cause;

(2) in writing if the lawyer promptly delivers a copy of the writing to the opposing counsel or to the adverse party if not represented by a lawyer;

(3) orally upon notice to opposing counsel or to the adverse party if not represented by a lawyer; or

(4) as otherwise authorized by law.


(c) Disruption of Tribunal. A lawyer shall not engage in conduct intended to disrupt a tribunal.


(d) Communication With Jurors. A lawyer shall not:

(1) before the trial of a case with which the lawyer is connected, communicate or cause another to communicate with anyone the lawyer knows to be a member of the venire from which the jury will be selected;

(2) during the trial of a case with which the lawyer is connected, communicate or cause another to communicate with any member of the jury;

(3) during the trial of a case with which the lawyer is not connected, communicate or cause another to communicate with a juror concerning the case;

(4) after dismissal of the jury in a case with which the lawyer is connected, initiate communication with or cause another to initiate communication with any juror regarding the trial except to determine whether the verdict may be subject to legal challenge; provided, a lawyer may not interview jurors for this purpose unless the lawyer has reason to believe that grounds for such challenge may exist; and provided further, before conducting any such interview the lawyer must file in the cause a notice of intention to interview setting forth the name of the juror or jurors to be interviewed. A copy of the notice must be delivered to the trial judge and opposing counsel a reasonable time before such interview. The provisions of this rule do not prohibit a lawyer from communicating with members of the venire or jurors in the course of official proceedings or as authorized by court rule or written order of the court.
 

apocalyptic

Patron with Honors
In the absence of sharp-minds (wed to good-hearts) the world would basically be Fucked (big time). Where Scientology-World-Domination is concerned.

Thank God for the likes of You.

Apocalyptic

Florida Statutes Annotated Currentness
Rules Regulating the Florida Bar

Rule 4-3.5. Impartiality and decorum of the tribunal

(a) Influencing Decision Maker. A lawyer shall not seek to influence a judge, juror, prospective juror, or other decision maker except as permitted by law or the rules of court.

(b) Communication with Judge or Official. In an adversary proceeding a lawyer shall not communicate or cause another to communicate as to the merits of the cause with a judge or an official before whom the proceeding is pending except:

(1) in the course of the official proceeding in the cause;

(2) in writing if the lawyer promptly delivers a copy of the writing to the opposing counsel or to the adverse party if not represented by a lawyer;

(3) orally upon notice to opposing counsel or to the adverse party if not represented by a lawyer; or

(4) as otherwise authorized by law.


(c) Disruption of Tribunal. A lawyer shall not engage in conduct intended to disrupt a tribunal.


(d) Communication With Jurors. A lawyer shall not:

(1) before the trial of a case with which the lawyer is connected, communicate or cause another to communicate with anyone the lawyer knows to be a member of the venire from which the jury will be selected;

(2) during the trial of a case with which the lawyer is connected, communicate or cause another to communicate with any member of the jury;

(3) during the trial of a case with which the lawyer is not connected, communicate or cause another to communicate with a juror concerning the case;

(4) after dismissal of the jury in a case with which the lawyer is connected, initiate communication with or cause another to initiate communication with any juror regarding the trial except to determine whether the verdict may be subject to legal challenge; provided, a lawyer may not interview jurors for this purpose unless the lawyer has reason to believe that grounds for such challenge may exist; and provided further, before conducting any such interview the lawyer must file in the cause a notice of intention to interview setting forth the name of the juror or jurors to be interviewed. A copy of the notice must be delivered to the trial judge and opposing counsel a reasonable time before such interview. The provisions of this rule do not prohibit a lawyer from communicating with members of the venire or jurors in the course of official proceedings or as authorized by court rule or written order of the court.
 

Zhongjianren

Patron with Honors
http://markrathbun.wordpress.com/2011/08/03/david-miscavige-the-cheater/#comment-139594

mrinder | August 3, 2011 at 5:09 pm | Reply

Marty,

I could fill a book with Miscavige “cheating” stories. Pinochle, cribbage, basketball, golf — anything. (The only one he could not cheat at was chess, and as soon as someone beat him, he stopped playing — he wasnt very good, and most that played against him deliberately lost to keep the peace as save hours of additional sec checking/FPRD).

I can fully confirm everything you say about Mary Repper — as you know, after Tom DeVocht originally set up the meeting, you, me and Miscavige ate lunch with her in the Hibiscus and that was the start of the program. She was retained and after a while she invited me to dinner at her home (Tom also attended a dinner at her home with me).

The photo of her and Michelle Stafford is at a CC Int Gala. She had been flown out to attend and I arranged for her to meet Michelle as she and her sisters were huge soap opera fans. Mary was so blown away meeting Michelle she called her sister on the East Coast in the middle of the night so she could put her on the phone with Michelle!

As for judges, the other significant one was Frank Quesada who spent his days off with Lee Fugate on Santa Maria Island. Judge Quesada also presided over church litigation.

This reminds me of a lot of things….
 

Zhongjianren

Patron with Honors
http://forums.whyweprotest.net/thre...lisa-mcpherson-civil-case.91809/#post-1838122
Ed Armstrong:

 

Zhongjianren

Patron with Honors
http://forums.whyweprotest.net/thre...lisa-mcpherson-civil-case.91809/#post-1838135
Lee Fugate:

  • For some Scientologists, pilgrimage has been fatal December 7, 1997, Lucy Morgan, St. Petersburg Times
    Lawyer Lee Fugate of Clearwater, who represents the church, blames the controversy surrounding McPherson's death on the German government, which has been in a heated battle with Scientology's German chapters in recent years. German television reporters, Fugate says, a year ago raised questions about whether Ostertag's drowning in 1985 was actually a homicide. Fugate believes the questions caused local authorities to pursue the McPherson investigation. Pinellas County officials had ruled the Ostertag death a drowning.
  • Lawyer again takes on Church of Scientology February 21, 2009, Mike Brassfield, St. Petersburg Times
  • Scientology prompts review of death case November 24, 1999, Thomas C. Tobin, St. Petersburg Times
    One of Scientology's lawyers, Lee Fugate, said if Wood were to alter her original conclusions, "that may change the entire playing field."
  • Scientology's defense impresses judge April 7, 2000, Thomas C. Tobin, St. Petersburg Times
 

Awake

Patron
Just curious, what type of data could put Miscavige away for good? Even if Marty literally knows where bodies are buried, what kind of evidence could he have to pin them on Miscavige?

What kind of evidence does Carmen,who's come forward about the coverup of her sexual abuse, have - which nonetheless has resulted in charges against Jan Eastgate?

Probably a lot less than Marty has about other illegal activities. Do you really think Marty left without taking ammunition with him? He's smarter than that. He wasn't a lowly SO member - he would have had access to stuff that DM would never want to see the light of day. Witness the newly released names involved in the Clw scandal - don't tell me he just now happened to "remember" all those names and the law firms they're attached to from 10 yrs ago - and rushed to make it public right now (since he'd forgotten about it all these years.) :unsure:

Think I'm too hard on Marty? Well, wish I'd been more skeptical of DM when seeing some of the same outpoints that Marty displays - and more vocal about it! I don't think Marty necessarily is evil - just other-intentioned.
 
According to Hubbard Scientology is a deadly serious activity, and since Scios are supposed to live and breathe Scientology 24/7, life becomes a deadly serious activity. Hubbard wanted enemies not merely defeated, they should be ruined utterly, if possible. And it was Hubbard who wrote that people being pts typre 3 sometimes cannot be kept alive during the introspection rundown - as was the case with Lisa McPherson.

Is Rathbun really that delusional or is he just merrily bending the facts to serve his own means? And what is worse?

He's playing a game he seems to think he can win, and at this point in time, I think I tend to agree with him on that.
 

Pooks

MERCHANT OF CHAOS
Marty has several times publicly expressed regrets for his part in all that was done during his years in RTC. Your comment above is nothing but a Red Herring.

In the above article he reveals exactly how the course of Justice was subverted in the McPherson Civil case and names exactly which people were involved. This particular information has never before been available to the Scientology critic community.


But I didn't see any "regrets" in his post. Just more blame of DM. Marty and Mike were in this caper up to their ears yet no regrets. That bothers me a lot.
 
No, no - he plays with Acme spring bottom shoes - you should see him slam dunk! Woah! Who said white men can't jump? Not legal you say - tisk tisk, you never read the INT Base rule book....

It has only one rule ....

1) COB wins!:clap::clap:

Mimsey the ump.
 
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