Print

[News Thetan]

Scientology lawsuit has lawyer in a bind - Tampabay.com
31 August 2010, 11:25 pm

By Craig Pittman and Curtis Krueger, Times staff writers
In Print: Wednesday, September 1, 2010

LARGO - One of the Church of Scientology's most vocal critics, Tampa lawyer Ken Dandar, is in a pickle.

Six years ago, he settled a wrongful death case against the church on behalf of the family of Lisa McPherson, who died in 1995 after 17 days in the care of church members in Clearwater.

Part of the settlement agreement, approved by a judge in state court, required Dandar to never again represent anyone suing Scientology.

But last year, Dandar took on another wrongful death case against the church's Flag Service Organization — in federal court.

The church's attorneys objected that Dandar violated his agreement. Senior Circuit Judge Robert Beach agreed and in June 2009 ordered Dandar to withdraw from the new case.

Dandar resisted for some time, even asking the Florida Supreme Court to review the case. Finally, though, four months ago Dandar filed a motion to withdraw from the federal lawsuit.

But on April 12, U.S. District Judge Steven Merryday told him he cannot get out of it. The reason: No other attorney wants to take on Scientology. Two days later, records show, Beach found Dandar in willful contempt of court.

So Dandar is stuck between a state judge telling him to leave Scientology alone and a federal judge telling him he can't. And, according to federal court records, he has been fined $50,000 plus $1,000 a day by the state court until he withdraws from the federal case.

Dandar's predicament may be unprecedented in Florida law. "I've never heard of anything like it," said Clifford Higby, chairman of the trial lawyers' section of the Florida Bar.

A hearing on Dandar's fate occurred Tuesday in the Pinellas County Criminal Justice Center. But at the request of church attorney F. Wallace Pope, Beach ordered a Times reporter out of the courtroom prior to the start of the proceeding.

Dandar objected, saying he was facing a criminal charge — contempt of court. But Beach, 80, said it wasn't a criminal case.

He also said he was closing the courtroom because all the previous proceedings regarding Dandar had been closed-door sessions.

Since the McPherson case settled under a confidential agreement signed in 2004, all the motions and testimony in the case files — which now number 351 volumes, making it the largest current Pinellas case — have been sealed from public view as well.

The hearing concluded after nearly six hours. Dandar and his attorney, Luke Lirot, both said they could not comment on what happened or their next step. Pope, when asked about the case, said, "Our lips are sealed."

Dandar became known for challenging the church during the seven-year lawsuit over the death of McPherson, a Scientologist who after a minor traffic accident, took off her clothes and told a paramedic, "I need help. I need to talk to someone."

Although paramedics took her to Morton Plant Hospital for psychiatric evaluation, fellow church members showed up and escorted her out, promising to care for her. The church opposes psychiatric treatment.

They took McPherson to the Fort Harrison Hotel, where she was cared for by several church staffers, including a medical doctor who was not licensed in Florida but worked for the church. She died 17 days later while being driven to a hospital 45 minutes away. Although criminal charges were filed against the church, they were dropped after then-medical Examiner Joan Wood changed her finding of the cause of death to accidental.

However, the burden of proof in a civil suit is different. The suit, filed in 1997 on behalf of McPherson's estate, contended church staff members let McPherson become severely dehydrated and die. As the case neared trial it promised unflattering international headlines for the church.

The two sides worked out a settlement agreement. The terms weren't disclosed. Lirot, who was Dandar's co-counsel, said at the time, "Everyone involved gets to move on with their lives."

Five years later, though, Dandar was back battling Scientology in the federal lawsuit.

The new suit stems from the death of Kyle T. Brennan, 20, who shot himself in the head on Feb. 16, 2007, in Clearwater, while visiting his father, who is a Scientologist. According to the suit, filed on behalf of Brennan's mother, Brennan killed himself after the father locked up his antidepressant medication on the advice of Denise Gentile and her husband, Gerald. Denise Gentile is the twin sister of the church's current worldwide leader, David Miscavige.

The suit says they served as the father's "chaplains" in the church, an allegation the church's attorneys say is not true. The Gentiles told Clearwater police that Brennan's father was just their handyman.

more at http://www.tampabay.com/news/lawyer-in-scientology-case-is-stuck-between-state-and-federal-judges/1118849

[ethercat]

I hope, unlike the Lisa McPherson case, that this one makes it completely through the trial, concludes with a verdict, and that all records will remain unsealed.

The church's attorneys contend Dandar is a "rogue attorney" with "a long history of misconduct with regard to facts, law and ethics."

District Judge Merryday, in ruling that Dandar had to stay on the Brennan case, cited a sworn statement from Dandar's client, Brennan's mother, Victoria Britton. She said that nobody but Dandar dared to take on Scientology.

"I talked to many lawyers in different states and each turned me down as soon as they heard it involved the Church of Scientology," she said. "Some turned me down due to conflict, since some had represented Scientology in the past or are currently representing the organization, but many turned me down because it is an entity they do not want to litigate against. … I have no one else to turn to."

Robert Potter, law partner of church attorney Pope, argued that the statement just showed how weak her case against the church was.

Times researcher Carolyn Edds contributed to this report.

[mefree]

What is truly sad is the number of Scientologists posting comments on that article and blaming the antidepressant medication for this young person's suicide. They fail to recognize or simply ignore the part about Kyle's medication being withheld while visiting his father and the weapon that was apparently accessible to him.

Additional information found here: http://www.cs.cmu.edu/~dst/Secrets/Kyle_Brennan/

[ethercat]

They are there solely to distract from the facts.  I find it interesting is that the lack of comments from others (at least when I looked) really makes them look kooky and shows their agenda much better than if 1000 scientology critics were commenting to point out their anti-psych agenda.

[News Thetan]

Federal judge suspends state judgment against lawyer in dispute with Scientology - Tampabay.com
3 September 2010, 7:37 pm

TAMPA —

Scientology's most vocal local critic, Ken Dandar, faced disaster. A circuit judge had found him in contempt of court this week and assessed a judgment of $130,000 — to be paid to the Church of Scientology. Dandar might lose his car. He might even lose his law license.

All of that, he told a federal judge Friday, because Dandar isn't bowing out of a federal case against the church.

But the judge may have given Dandar a reprieve. And U.S. District Court Judge Steven Merryday warned Scientology's attorney that he wouldn't allow what he called "shenanigans" to interfere any further with the progress of the case against the church now pending in his court.

"I don't like being put in this position," Merryday told the church's attorney, Robert Potter. "When people start to squeeze, other people can squeeze back."

Merryday got Potter and Dandar to agree to stop all proceedings in state court — including the church collecting the $130,000 judgment — until both sides can present Merryday with full briefings and oral arguments.

However, Senior Circuit Judge Robert Beach, who found Dandar in contempt and levied the $130,000 judgment, said he isn't sure such an agreement can really halt what he's done. In fact, Beach said, he believes only a state appeals court could overturn his decision, not a federal judge.

"If I'm wrong, then the Second District Court of Appeal will tell me," the 80-year-old Beach said in a phone interview.

Dandar's dilemma began six years ago, when he settled a wrongful death case against the church on behalf of the family of Lisa McPherson, who died in 1995 after 17 days in the care of church members in Clearwater.

Last year, Dandar took on another wrongful-death case against the church's Flag Service Organization, as well as the twin sister of the church's worldwide leader, David Miscavige. The church's attorneys contended that violated the terms of the McPherson settlement.

Dandar strongly disagreed, but Beach ruled that Dandar, as part of the settlement, agreed never to take another case against the church. So Beach ordered him to withdraw from the new suit.

Four months ago, Dandar filed a motion to withdraw. But he attached an affidavit from his client contending he should stay on her case because no other lawyer would take on Scientology.

So, on April 12, Merryday told him he can't get out of the new case without another attorney lined up. Two days later, Beach found Dandar in contempt.

"Mr. Dandar is being punished because of my order," Merryday said Friday.

Dandar should have filed a motion saying he had a conflict of interest and had to withdraw, Potter said. As a result, Beach ruled that Dandar hadn't made a good-faith effort.

"He is not at liberty to deceive me," Merryday told Potter. "Judge Beach better not tell him to deceive me."

Potter said the state judge was not trying to intrude on the federal court's jurisdiction, but Merryday told him, "It certainly feels like I'm being interfered with." Potter later admitted, "Believe me, he's not happy with you, either."

Potter said he had expected Merryday to grant Dandar's motion and then terminate the lawsuit unless Dandar's client found a new lawyer. But Merryday said he couldn't do that.

Merryday questioned whether the settlement really blocked Dandar from pursuing the wrongful-death case, which involves a 20-year-old who killed himself after his father, a Scientologist, locked away his antidepressants.

"I've read it, Mr. Potter, and I think not," Merryday said, then glared at the church's attorney and snapped, "Don't look at me with that look of unbelief, Mr. Potter." Potter mumbled an apology.

Merryday questioned why Beach conducted his contempt hearing on Dandar behind closed doors. At the church's request, Beach has sealed every document in the case. Documents sent to the Second District Court of Appeal and the Florida Supreme Court aren't public either.

Potter said he felt squeamish about even talking about Dandar's case in open court. But Merryday refused to close his courtroom doors to the public.

more at http://www.tampabay.com/news/religion/federal-judge-suspends-state-judgment-against-lawyer-in-dispute-with/1119444

[mefree]

From the Tampa Bay Tribune today: In court with Scientology

The Church of Scientology is practicing its aggressive form of litigation management  against a longtime legal protagonist who has twice represented clients whose relatives died while in the care of church members.

Lawyers for the church are using a secret settlement agreement in a state case to try to remove Tampa lawyer Ken Dandar from a federal case they claim has no merit.

They persuaded a state judge to order Dandar off the federal case. Trouble is, the federal case is a matter over which the state judge has no say......

......Subsequently, and in an inexplicably closed hearing from which Beach tossed a St. Petersburg Times reporter, the judge cited Dandar for contempt and sanctioned him for not obeying the order to withdraw. In other words, he punished him because of Merryday's order. Beach then fined Dandar $50,000 plus $1,000 for every day he stays on the case - with all of the money to go to Scientology.

And the judge apparently threatened to revoke Dandar's law license, something he has no power to do.

It is difficult to come up with a charitable explanation for Beach's actions.

I couldn't agree more. 

more at http://www2.tbo.com/content/2010/sep/21/na-in-court-with-scientology/

[wynot]

Ken Dandar is one brave son-of-a-bitch*. Scientology is one disgusting pile of shit.

'til;
wynot

*I smile when I type that.

[mefree]

Peter Mansell's version of events:

http://www2.tbo.com/content/2010/sep/29/na-scientology-not-to-blame-for-clearwater-suicide/

For anyone who might be unfamiliar with Peter Mansell here is a video from 2006 with Shawn Lonsdale. This video is a bit shaky.

http://www.youtube.com/watch?v=X6w4tU3zmOY