Author Topic: Help Needed: Kyle Brennan Death Lawsuit and Narconon involvement  (Read 3128 times)

Offline Mary_McConnell

  • High Value Target
  • Posts: 2,817
    • Formerly Fooled Finally Free of The Deceptive Cult Called Scientology
Over at ESMB, poster JustMe wrote:
Quote
Kyle Brennan - Anybody's Child

Most people who read this are already going to know something about Kyle Brennan and his horrible death some five years ago at Scientology’s “mecca” in Clearwater, Florida.

Kyle, a lovely, innocent and kindly boy, a gentle nerd who would not hurt a fly, died from a gunshot wound to the head on February 16, 2007.

The circumstances surrounding Kyle’s death are highly suspicious.

Kyle Brennan died at least in part due to the beliefs of scientology and scientologists as his medically prescribed medication was hidden from him with demands that he instead do highly dangerous and unscientific scientology “therapy” such as that done in its front group “Narconon”.
http://www.forum.exscn.net/showthread.php?28424-Kyle-Brennan-Anybody-s-Child

As a matter of fact, Kyle may have died because he refused attempts by his father, his father's chaplain and the church of Scientology to go to Narconon to get "help", in other words, to get Kyle off his prescribed psychiatric medicine.

You can read more about the case at the below links. Especially new a blog prepared by Justin Ross. The site is called:
“Justice for Kyle Brennan”. http://justiceforkylebrennan.blogspot.com/

Unfortunately, I have found that most people can't always handle the usual wall of text that comes with explaining legal matters. So, in the interests of making clear the importance of this matter in a simple way, I ask that readers please take a moment to read tikk's to-the-point explanation, below, on why this case is has been appealed and then read the actual appeal filed, which explains each reason backed by law on why Victoria Britton and the Estate of Kyle Brennan are appealing Judge Merryday's ruling and summary judgement.

Quote
tikk

My quick take on the appeal brief. [Kyle Brennan Scientology Case - Appellant's Corrected Initial Brief 16 February 2012]

The essence of Lirot's argument is that Judge Merryday wrongly usurped the jury's role in deciding matters of fact at the summary judgment stage; a judge may only decide matters of law in a motion for summary judgment, and Merryday exceeded his authority at this stage by deciding matters of witness credibility and rejecting the jury's role in plausibly inferring the defendants' liability from the evidence presented. Where the two sides present conflicting evidence, summary judgment is inappropriate because the Federal Rules requires judges to consider the evidence in a light most favorable to the non-moving party. In other words, Merryday conducted the full trial in his head, rather than letting the jury decide whether, for instance, Lance Marcor's testimony was credible.

Merryday seems to want to have it both ways; in his opinion dismissing Scientology's sanctions motion, he found that the case was not so meritless as to warrant sanctions against Dandar, but that it nevertheless required too many inferences to find the defendants liable. But the inferences are either plausible or they aren't--and if they aren't, then why not sanction Dandar?

In the response to Summary Judgement, Lirot gives excellent examples of why Merryday was wrong to rule on the case  and in favor of Scientology et al.

From: AnonLover's scribd

Kyle Brennan Scientology Case - Response to Defendants Motion for Summary Judment
http://www.scribd.com/doc/80504708/Kyle-Brennan-Scientology-Case-Response-to-Defendants-Motion-for-Summary-Judgement-27-Sep-2010

Victoria Britton and the Estate of Kyle Brenna deserve what ever amount of support, attention, thoughts and prayers you can lend and especially what ever amount in donation you can give. It costs money to sue people. Every dollar received will help keep this case afloat. Please take a minute and help out
http://justiceforkylebrennan.blogspot.com/

We cannot allow this cult to railroad another court in order to avoid responsibility. We know how Scientology works; we know how lying it acceptable in Scientology and how lying to a court is common practice. We see this in the depositions on the Patrick Desmond case but they are getting caught because there are many attorneys on that case and resources are not limited as in Victoria's situation. We know lying and deceiving is wrong and that truth is what wins when given the opportunity to have the truth heard. So please take a minute and read the appeal and tikk's summary, read more at the blog and do make a donation for whatever you can. Do it for Justice For Kyle Brennan!

Thank you Denise Brennan, and Victoria Britton, Luke Lirot, Justin Ross and all else who are helping to raise attention to this important matter.

((HUGGS))

Mary

Background info from tippingpoint:
Lawyer Luke Lirot speaks on Kyle Brennan suit Thu 2/16/12 on God Discussion
http://forum.reachingforthetippingpoint.net/index.php/topic,9749.0.html
    
Scientologists Not Liable for Young Man's Suicide - Courthouse News Service (Dec 2011)

http://forum.reachingforthetippingpoint.net/index.php/topic,9082.0.html

Fed judge to state judge: Butt out of Scientology case - Suncoast News
http://forum.reachingforthetippingpoint.net/index.php/topic,5811.0.html

Scientology lawsuit has lawyer in a bind - Tampabay.com
http://forum.reachingforthetippingpoint.net/index.php/topic,5639.0.html


Edit: Fixed a couple of links.  --ec
« Last Edit: September 03, 2012, 10:09 by ethercat »
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline ethercat

  • Global Moderator
  • High Value Target
  • Posts: 3,765
Re: Help Needed: Kyle Brennan Death Lawsuit and Narconon involvement
« Reply #1 on: September 10, 2012, 21:48 »
From http://justiceforkylebrennan.blogspot.com/ :

Victoria knows more than anyone on earth about the hearings on this matter over the past five years. Did you know that no media have had Victoria on to tell us what she knows and the results of her exhaustive studies into court filings, police reports, depositions and the like?

But how can those of us who want to help Victoria help her to do this? And what else might we of little financial or time resources do to make a difference?

...

 Kyle’s mother Victoria is going to need financial help in order to continue fighting for the truth. There are many legal expenses (even things like costs of transcripts, flights, hotel, meals). And no matter what happens with legal, the fight to get to the truth will go on. We need, for example, to set up Victoria with proper hardware and software in order to be recorded for radio or TV, to do scans, to make copies and to do anything else needed to fight the good fight. In times past there were not public enough requests for help financially as almost none was given.

Well there are two ways to send her money if you are able and willing to do so, no matter how small:

(a) If you are comfortable with PayPal, her email is : Vbreton2062@aol.com

(b) If you would prefer to send a check, cash or money order, her snail mail address is:

Victoria Britton
c/o Friends of Kyle Brennan
3144 Ridgefield Rd
Charlottesville, VA 22911-7205

   Narconon Reviews
   Independent Reviews of the Narconon Drug Rehab Programs
   Answers to Frequently Asked But Seldom Answered Questions

Offline Mary_McConnell

  • High Value Target
  • Posts: 2,817
    • Formerly Fooled Finally Free of The Deceptive Cult Called Scientology
Re: Help Needed: Kyle Brennan Death Lawsuit and Narconon involvement
« Reply #2 on: September 13, 2012, 22:05 »
From http://justiceforkylebrennan.blogspot.com/ :

Victoria knows more than anyone on earth about the hearings on this matter over the past five years. Did you know that no media have had Victoria on to tell us what she knows and the results of her exhaustive studies into court filings, police reports, depositions and the like?

But how can those of us who want to help Victoria help her to do this? And what else might we of little financial or time resources do to make a difference?

...

 Kyle’s mother Victoria is going to need financial help in order to continue fighting for the truth. There are many legal expenses (even things like costs of transcripts, flights, hotel, meals). And no matter what happens with legal, the fight to get to the truth will go on. We need, for example, to set up Victoria with proper hardware and software in order to be recorded for radio or TV, to do scans, to make copies and to do anything else needed to fight the good fight. In times past there were not public enough requests for help financially as almost none was given.

Well there are two ways to send her money if you are able and willing to do so, no matter how small:

(a) If you are comfortable with PayPal, her email is : Vbreton2062@aol.com

(b) If you would prefer to send a check, cash or money order, her snail mail address is:

Victoria Britton
c/o Friends of Kyle Brennan
3144 Ridgefield Rd
Charlottesville, VA 22911-7205
Y--O-||
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline Albion

  • Met Xenu
  • Posts: 27
Re: Help Needed: Kyle Brennan Death Lawsuit and Narconon involvement
« Reply #3 on: September 14, 2012, 11:28 »
Posted this morning at Infinite Complacency:

A lawyer for the mother of Kyle Brennan, a vulnerable 20-year-old
who died while visiting his Scientologist father, will try today to persuade
a Florida appeal court to reinstate their wrongful death lawsuit.


http://infinitecomplacency.blogspot.com ... ppeal.html

Jonny Jacobsen

Offline ethercat

  • Global Moderator
  • High Value Target
  • Posts: 3,765
Re: Help Needed: Kyle Brennan Death Lawsuit and Narconon involvement
« Reply #4 on: September 14, 2012, 12:50 »
Thanks, Albion.  I hope Victoria wins the appeal, and gets the financial help she needs to keep going.  I admire her courage.
   Narconon Reviews
   Independent Reviews of the Narconon Drug Rehab Programs
   Answers to Frequently Asked But Seldom Answered Questions

Offline Mary_McConnell

  • High Value Target
  • Posts: 2,817
    • Formerly Fooled Finally Free of The Deceptive Cult Called Scientology
Re: Help Needed: Kyle Brennan Death Lawsuit and Narconon involvement
« Reply #5 on: September 14, 2012, 22:53 »
Updates on the hearing held today. Kudos to all who made it down to Jacksonville to support Luke Lirot, Victoria Britton and the rest of Kyle's  family on his mom's side.

Lots of love on this particular WWP thread. Nice surprise.

https://whyweprotest.net/community/threads/kyle-brennan-vs-scientology-oral-arguments-in-jacksonville-september-14.104900/

Here is a copy of the first update....
YouSeeNothing
Member   

    Just got back from the courthouse. It was great meeting all you other anons and Kyle Brennan supporters. Being the lone anon from Jax, and this being my first protest, I arrived not knowing what to expect. Any concerns I had were quickly dispelled after meeting AMA and six. The police presence was great, friendly, it also turned out that I knew the watch commander. :)

    In regards to the hearing. I think it went very well for our side. I'll let the others go into detail as they are more familiar with the case. But, personally, I expect good things to happen come November.

    It was, for me, a very emotional setting. Seeing the emotions in Kyle's family in contrast to the blank stares of the scilons in the courtroom was pretty powerful. Having never met a scilon--that I know of--I immediately learned how to recognize them. They are the people with no facial expression, angry glances, no affectation whatsoever. They just stared ahead, barely blinking. Creepy.

    All of us went into the court room, except for one brave solo anon. They decided to stay outside, alone, with their sign and handed out the flyers that I brought. Thank you, lone anon. ;)

    I look forward to hearing what the others say and their perceptions on the hearing. I believe there will even be a group photo, but we'll have to wait until they get to wherever they were heading. ;)

YouSeeNothing, Today at 10:25 AM
https://whyweprotest.net/community/threads/kyle-brennan-vs-scientology-oral-arguments-in-jacksonville-september-14.104900/#post-2185970

Looking forward to MoarXenu's report.
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline mefree

  • High Value Target
  • Posts: 4,322
Re: Help Needed: Kyle Brennan Death Lawsuit and Narconon involvement
« Reply #6 on: September 15, 2012, 00:08 »
Great report! I hope all goes well with this case.
The ultimate authority must always rest with the individual's own reason and critical analysis.
-Dalai Lama

Offline Mary_McConnell

  • High Value Target
  • Posts: 2,817
    • Formerly Fooled Finally Free of The Deceptive Cult Called Scientology
Re: Help Needed: Kyle Brennan Death Lawsuit and Narconon involvement
« Reply #7 on: September 15, 2012, 19:12 »
   
YouSeeNothing
Member
    Lirot, "our" attorney, had a great line during the hearing. I mean court-room-drama movie-worthy. When Potter, the scilon attorney, was explaining how Kyle's father was not necessarily responsible to save Kyle's life, he said (not verbatim), "If someone is drowning in a pool, I am not required to save their life." In Lirot's response, he said, "You may not be required to save someone's life, but you certainly can't remove their life preserver (in response to the fact that Kyle's dad took, and locked his meds in the trunk of his car.)

YouSeeNothing, Today at 7:22 AM
https://whyweprotest.net/community/threads/kyle-brennan-vs-scientology-oral-arguments-in-jacksonville-september-14.104900/page-2#post-2186566


moarxenu
Member
Quote
muldrake said: ↑

        No, I was basing my impression on this blog post on Jonny Jacobsen's site, as well as the documents linked from it and this site, which also has a lot of documents from the site.

       Appeals cases are generally decided on the papers, but good oral argument gives a lawyer an opportunity to underscore the case's best points, which Lirot apparently did.

I wish you had been there. It would have been good for a lawyer familiar with Scientology to give a report. YouSeeNothing just posted this while I was writing this post and it bears repeating.

Quote
Lirot, "our" attorney, had a great line during the hearing. I mean court-room-drama movie-worthy. When Potter, the scilon attorney, was explaining how Kyle's father was not necessarily responsible to save Kyle's life, he said (not verbatim), "If someone is drowning in a pool, I am not required to save their life." In Lirot's response, he said, "You may be required to save someone's life, but you certainly can't remove their life preserver (in response to the fact that Kyle's dad took, and locked his meds in the trunk of his car.)

    I would appreciate your thoughts on judges deciding on the papers. Does "papers" include depositions? It is clear from Judge Merryday's order for msj he didn't bother to study them. If he had he would have realized that Detective Bohling lied massively in his report about the investigation and would not have granted msj.

    So basically neither he nor the sciloon defendants are credible. Discovering this does not require a PhD - any industrious high school student could see this because it is all in the depositions. If you read Detective Bohling's report and then read his deposition it is all quite clear.

    Fundamentally he lied about Dr. McNamara's diagnosis of Kyle turning him from a mildly depressed college student into "an incipient Schizophrenic with pananoia and delusions." McNamara states, of course, that this was not only false but he never spoke with anyone in Clearwater at all.

    So I am wondering whether the judges will even bother to study the depos or just the attorneys' briefs.

    Also, Joe Childs of TBT was there. LOL! Enturbulated scilons are enturbulated.


moarxenu, Today at 7:50 AM
https://whyweprotest.net/community/threads/kyle-brennan-vs-scientology-oral-arguments-in-jacksonville-september-14.104900/page-2#post-2186572

Read on for moar!
https://whyweprotest.net/community/threads/kyle-brennan-vs-scientology-oral-arguments-in-jacksonville-september-14.104900/page-2
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline Mary_McConnell

  • High Value Target
  • Posts: 2,817
    • Formerly Fooled Finally Free of The Deceptive Cult Called Scientology
Re: Help Needed: Kyle Brennan Death Lawsuit and Narconon involvement
« Reply #8 on: September 16, 2012, 17:54 »
YouSeeNothing
Member
Lirot, "our" attorney, had a great line during the hearing. I mean court-room-drama movie-worthy. When Potter, the scilon attorney, was explaining how Kyle's father was not necessarily responsible to save Kyle's life, he said (not verbatim), "If someone is drowning in a pool, I am not required to save their life." In Lirot's response, he said, "You may not be required to save someone's life, but you certainly can't remove their life preserver (in response to the fact that Kyle's dad took, and locked his meds in the trunk of his car.)"
YouSeeNothing, Yesterday at 7:22 AM
https://whyweprotest.net/community/threads/kyle-brennan-vs-scientology-oral-arguments-in-jacksonville-september-14.104900/page-2#post-2186566
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline Mary_McConnell

  • High Value Target
  • Posts: 2,817
    • Formerly Fooled Finally Free of The Deceptive Cult Called Scientology
Re: Help Needed: Kyle Brennan Death Lawsuit and Narconon involvement
« Reply #9 on: September 16, 2012, 18:31 »
Posted this morning at Infinite Complacency:

A lawyer for the mother of Kyle Brennan, a vulnerable 20-year-old
who died while visiting his Scientologist father, will try today to persuade
a Florida appeal court to reinstate their wrongful death lawsuit.


http://infinitecomplacency.blogspot.com ... ppeal.html

Jonny Jacobsen

Excellent article.

Here is a better link to the post.
http://infinitecomplacency.blogspot.com/2012/09/kyle-brennan-arguments-on-appeal.html
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline Albion

  • Met Xenu
  • Posts: 27
Re: Help Needed: Kyle Brennan Death Lawsuit and Narconon involvement
« Reply #10 on: September 20, 2012, 04:08 »
The Florida appeals court didn't take long to knock back the appeal
against the dismissal of the Kyle Brennan wrongful death lawsuit ...
http://www.ca11.uscourts.gov/unpub/ops/201210024.pdf

Offline ethercat

  • Global Moderator
  • High Value Target
  • Posts: 3,765
Re: Help Needed: Kyle Brennan Death Lawsuit and Narconon involvement
« Reply #11 on: September 20, 2012, 09:00 »
Quote
PER CURIAM:
After full review and oral argument, we conclude that the Plaintiff-
Appellant Estate of Kyle Thomas Brennan has demonstrated no reversible error in
the district court’s order, dated December 6, 2011, granting summary judgment to
the Defendants-Appellees, Church of Scientology Flag Service Organization, Inc.,
Denise Gentile, Gerald Gentile, and Thomas Brennan.
AFFIRMED.

I'm very sorry to read this.   :(
   Narconon Reviews
   Independent Reviews of the Narconon Drug Rehab Programs
   Answers to Frequently Asked But Seldom Answered Questions

Offline Mary_McConnell

  • High Value Target
  • Posts: 2,817
    • Formerly Fooled Finally Free of The Deceptive Cult Called Scientology
Re: Help Needed: Kyle Brennan Death Lawsuit and Narconon involvement
« Reply #12 on: September 20, 2012, 21:41 »
What an injustice! I got an email from Victoria about it this morning. :(

Seems like they rushed through this decision. It wasn't expected until November.

Hopeing the case will be heard at US Supreme Court level.
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline Albion

  • Met Xenu
  • Posts: 27
Re: Help Needed: Kyle Brennan Death Lawsuit and Narconon involvement
« Reply #13 on: September 21, 2012, 10:10 »
Have updated last week's post at Infinite Complacency with
the Scientology statement from the Tampa Bay Times (they
don't seem to want to speak to me) and Luke Lirot's reaction.

http://infinitecomplacency.blogspot...arguments-on-appeal.html?utm_source=BP_recent

Jonny Jacobsen

Offline Mary_McConnell

  • High Value Target
  • Posts: 2,817
    • Formerly Fooled Finally Free of The Deceptive Cult Called Scientology
Re: Help Needed: Kyle Brennan Death Lawsuit and Narconon involvement
« Reply #14 on: September 21, 2012, 10:48 »
Thanks, Jonny!
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline mefree

  • High Value Target
  • Posts: 4,322
Re: Help Needed: Kyle Brennan Death Lawsuit and Narconon involvement
« Reply #15 on: September 22, 2012, 16:04 »
Have updated last week's post at Infinite Complacency with
the Scientology statement from the Tampa Bay Times (they
don't seem to want to speak to me) and Luke Lirot's reaction.

http://infinitecomplacency.blogspot...arguments-on-appeal.html?utm_source=BP_recent

Jonny Jacobsen

I had a problem with that link. Here's a replacement:
http://infinitecomplacency.blogspot.com/2012/09/kyle-brennan-arguments-on-appeal.html
The ultimate authority must always rest with the individual's own reason and critical analysis.
-Dalai Lama