Scientology lawsuit against exmember backfires
Posted: Sat Feb 11, 2012 10:48 am
Scientology hearing ends abruptly
San Antonio Express
John MacCormac
,
Express-News
Copyright 2012 Express-News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
By John MacCormack
Friday, February 10, 2012
Page 1 of 1
A legal battle between the Church of Scientology and a former top church official that has included accounts of abuse and harsh treatment ended abruptly Friday.
“We have elected to withdraw our request for an injunction at this time,” Scientology lawyer George Spencer Jr. told Judge Martha Tanner. “Going forward in the case this way will prevent the defendant from using the court as a pulpit for false statements.”
And while Spencer expressed confidence that his client would prevail by filing for a summary judgment before trial, it was also clear that the church's legal strategy of suing Cook had backfired badly.
Her sworn testimony Thursday included lurid accounts of beatings, confinement and forced confessions under the alleged direction of longtime church leader
David Miscavige
.
It was clear from Spencer's remarks to the judge that the church wanted to avoid more bad publicity.
Cook, 50, spent 29 years with the church, rising to become its top official in Clearwater, Fla., the church's spiritual headquarters, before leaving under adverse circumstances in 2007.
According to a church spokeperson, she was treated with dignity and respect, until she was expelled in 2007, and has since become a heretic spreading lies and false stories.
Her account from the stand Thursday was somewhat different.
Her testimony also included accounts of being confined against her will by church officials on at least three occasions, including a horrific seven-week stint in “The Hole,” where church leaders were sent after falling out of favor.
After a later confinement, she testified that she was finally allowed to leave after threatening to commit suicide or bring in the police. Church officials had her and her husband,
Wayne Baumgarten
, sign extensive non-disclosure agreements.
Each was also given $50,000, which the church argued made the agreements binding.
Her lawyer, Ray Jeffrey, argued Thursday that the contracts were non-binding because they were imposed under “extreme duress.”
Soon after, the pair moved to San Antonio, and for the next five years, they kept a low profile. That ended in late December when they sent out a lengthy email to several thousand Scientologists that was mildly critical of church leadership.
Claiming she had broken the contract and disparaged the church, the church responded by suing her in Bexar County, seeking at least $300,000 and enforcement of the non-disclosure contract.
The church also obtained a temporary restraining order, prohibiting them from talking about the suit or about Scientology, and that was the matter being heard this week by Tanner.
When the hearing ended Friday, Spencer declined to comment.
Jeffrey, however, who had been expected to put witnesses hostile to the church on the stand, declared the outcome “a victory.”
“I'm exhausted but I feel good about it. We've won,” he said, declining further comment.
Yvonne Schick, 63, of Austin, a former church member watching the proceedings, said she was not surprised by the church's decision to end the proceeding.
“They miscalculated by letting things get to the point where Debbie Cook got on the stand and testified, although I don't know that it could have gotten any worse than it was yesterday,” she said.
“Because of how well-known and respected she was by people inside the church, this will be bad for morale and cause more people to exit,” she said.
Steve Hall, another former church member, who was also involved with the elite Sea Org group, agreed that the church had blundered by bringing suit against Cook and Baumgarten.
“I was a friend of Debbie Cook and still am. And I worked for David Miscavige for a long time,” said Hall, who maintains a website highly critical of the church.
Hall said he left the church in 2004 because he was disturbed by the rising levels of abuse and violence.
“I saw David Miscavige physically attack people on four occasions, and others where he ordered people beaten,” he said.
And he said, the church leader probably reacted badly at how the hearing had gone Thursday.
“Knowing David Miscavige, there was a spectacular meltdown yesterday. I bet he went berserk,” he said
.
jmaccormack@express-news.net
http://www.mysanantonio.com/news/local_ ... 241791.php
San Antonio Express
John MacCormac
,
Express-News
Copyright 2012 Express-News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
By John MacCormack
Friday, February 10, 2012
Page 1 of 1
A legal battle between the Church of Scientology and a former top church official that has included accounts of abuse and harsh treatment ended abruptly Friday.
“We have elected to withdraw our request for an injunction at this time,” Scientology lawyer George Spencer Jr. told Judge Martha Tanner. “Going forward in the case this way will prevent the defendant from using the court as a pulpit for false statements.”
And while Spencer expressed confidence that his client would prevail by filing for a summary judgment before trial, it was also clear that the church's legal strategy of suing Cook had backfired badly.
Her sworn testimony Thursday included lurid accounts of beatings, confinement and forced confessions under the alleged direction of longtime church leader
David Miscavige
.
It was clear from Spencer's remarks to the judge that the church wanted to avoid more bad publicity.
Cook, 50, spent 29 years with the church, rising to become its top official in Clearwater, Fla., the church's spiritual headquarters, before leaving under adverse circumstances in 2007.
According to a church spokeperson, she was treated with dignity and respect, until she was expelled in 2007, and has since become a heretic spreading lies and false stories.
Her account from the stand Thursday was somewhat different.
Her testimony also included accounts of being confined against her will by church officials on at least three occasions, including a horrific seven-week stint in “The Hole,” where church leaders were sent after falling out of favor.
After a later confinement, she testified that she was finally allowed to leave after threatening to commit suicide or bring in the police. Church officials had her and her husband,
Wayne Baumgarten
, sign extensive non-disclosure agreements.
Each was also given $50,000, which the church argued made the agreements binding.
Her lawyer, Ray Jeffrey, argued Thursday that the contracts were non-binding because they were imposed under “extreme duress.”
Soon after, the pair moved to San Antonio, and for the next five years, they kept a low profile. That ended in late December when they sent out a lengthy email to several thousand Scientologists that was mildly critical of church leadership.
Claiming she had broken the contract and disparaged the church, the church responded by suing her in Bexar County, seeking at least $300,000 and enforcement of the non-disclosure contract.
The church also obtained a temporary restraining order, prohibiting them from talking about the suit or about Scientology, and that was the matter being heard this week by Tanner.
When the hearing ended Friday, Spencer declined to comment.
Jeffrey, however, who had been expected to put witnesses hostile to the church on the stand, declared the outcome “a victory.”
“I'm exhausted but I feel good about it. We've won,” he said, declining further comment.
Yvonne Schick, 63, of Austin, a former church member watching the proceedings, said she was not surprised by the church's decision to end the proceeding.
“They miscalculated by letting things get to the point where Debbie Cook got on the stand and testified, although I don't know that it could have gotten any worse than it was yesterday,” she said.
“Because of how well-known and respected she was by people inside the church, this will be bad for morale and cause more people to exit,” she said.
Steve Hall, another former church member, who was also involved with the elite Sea Org group, agreed that the church had blundered by bringing suit against Cook and Baumgarten.
“I was a friend of Debbie Cook and still am. And I worked for David Miscavige for a long time,” said Hall, who maintains a website highly critical of the church.
Hall said he left the church in 2004 because he was disturbed by the rising levels of abuse and violence.
“I saw David Miscavige physically attack people on four occasions, and others where he ordered people beaten,” he said.
And he said, the church leader probably reacted badly at how the hearing had gone Thursday.
“Knowing David Miscavige, there was a spectacular meltdown yesterday. I bet he went berserk,” he said
.
jmaccormack@express-news.net
http://www.mysanantonio.com/news/local_ ... 241791.php