Author Topic: The Desmond Family v. Narconon of Georgia, Narconon International, et al  (Read 202956 times)

Offline Intelligence

  • Hill 10 Situation
  • Posts: 706
This definately would be Milestone in history and perhaps open the doors
to further suits from far and wide; especially in the USA. Perhaps this is
what the USA Government needs to see for them to grow some balls and ACT:-)

.
An Ol' Irish Quote:
“You see things; and you say, 'Why?' But I dream things that never were; and I say, 'Why not?'”

Offline Mary_McConnell

  • High Value Target
  • Posts: 2,865
    • Formerly Fooled Finally Free of The Deceptive Cult Called Scientology
David, this NNGA document has several attachments. Note the 2 inspection reports dated March 21, 2012  and April 10, 2012 :
http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-05-16-NNGAsBriefInOppositionToPlaintiffsMotionForSanctions.pdf

These people were still doing the same illegal things ( runing a residental facility w/o a license etc) 20 days later after the first inspection of Mar 21. They should have been shut down by the state but they were'nt. Lots of questions on WHY they have been able to operate since they lost their license in 2006 for the same things ( and more) and got it back after a 'settlement agreement' - except this time the state allowed them to operate 2 separate parts of the program as 2 separate programs. Detox and outpatient.
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 Intelligence

  • Hill 10 Situation
  • Posts: 706
Yes, there are separate laws/regulations for "Residential" and "Outpatient' which should
not be.

.
An Ol' Irish Quote:
“You see things; and you say, 'Why?' But I dream things that never were; and I say, 'Why not?'”

Offline SocialTransparency

  • High Value Target
  • Posts: 1,326
Courage is not the absence of fear, but rather the judgement that something else is more important than fear.




Offline ethercat

  • Global Moderator
  • High Value Target
  • Posts: 3,768
David, this NNGA document has several attachments. Note the 2 inspection reports dated March 21, 2012  and April 10, 2012 :
http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-05-16-NNGAsBriefInOppositionToPlaintiffsMotionForSanctions.pdf

These people were still doing the same illegal things ( runing a residental facility w/o a license etc) 20 days later after the first inspection of Mar 21. They should have been shut down by the state but they were'nt. Lots of questions on WHY they have been able to operate since they lost their license in 2006 for the same things ( and more) and got it back after a 'settlement agreement' - except this time the state allowed them to operate 2 separate parts of the program as 2 separate programs. Detox and outpatient.

Here is some more information about Inspection Reports from DCH: http://dch.georgia.gov/vgn/images/portal/cit_1210/37/27/147698007FacilityComplianceReport.pdf

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

Offline mefree

  • High Value Target
  • Posts: 4,354
Yesterday was the anniversary of Patrick Desmond's death. I'm sure this is a very painful time for his family.

http://www2.mem.com/apps/movie/ViewMovie.aspx?id=10737173

Rest in peace, Patrick.

 :.{....

The ultimate authority must always rest with the individual's own reason and critical analysis.
-Dalai Lama

Offline SocialTransparency

  • High Value Target
  • Posts: 1,326
Yesterday was the anniversary of Patrick Desmond's death. I'm sure this is a very painful time for his family.

http://www2.mem.com/apps/movie/ViewMovie.aspx?id=10737173

Rest in peace, Patrick.

 :.{....

 

 Gosh. I had completely forgotten about the date of Patrick's passing. In all honesty I rarely consciously dwell on his passing yet he has become the center of why I am here on this board and active in the complete dismantling of Narconon from the face of the earth. Sometimes I talk like a big man and say his passing is not the central point as to why I have become an outspoken advocate against NarCONon.

 Truth be told Patrick W. Desmond emboldened me to step out of my safe little world and shout out from the roof top that SCIENTOLOGY is an affront to everything I as a human being stand for. That it is ones moral and social duty to seek out the truth and share that knowledge with the rest of our community.

 This may sound odd ,but within Patrick's passing he left us a gift. A gift that will help others. A gift that resonates to my very core. That gift being his life. His passing opened up the flood gates revealing an evil that many find hard to comprehend. Patrick paved the way for truth to shine like the early morning sun on a summers day.

 His passing has enabled myself to grow as a human being, to speak up when I see a wrong that needs to be made right, to step out of my comfort zone and bear witness against those that prey on our fellow citizens.

 The likes of Mary Rieser,Don Delgado,Maria Delgado,James D Wegener,Bob Schmidt,Deb Danos,Fritz Alders,Martin Cohen and the rest of this sad cast of deluded characters will be held accountable.

 Patrick's passing opened my eyes to the shortcomings of those who we the citizen entrust to protect us from entities like SCIENTOLOGY/NARCONON. Those within the halls of government have and are being revealed as not executing the will of the people. The great state of Georgia and its citizens demand action from those appointed to protect us.

 Some within the halls of Georgia government (DCH) are as guilty as those that set the stage that led to Patrick,s death. The state of Georgia (DHR) in 2007 had the opportunity to correct a social ill. Instead the state took the easy economical way out.

 That easy way out cost a young man his life. Now as I type this nothing seems to have changed. Narconon is still plying its trade here in Georgia and the Georgia DCH for all intent and purposes from this citizens point of view is doing nothing to stop this madness from continuing unabated. I wish in my heart that this is not the case,but recent actions show otherwise.

 Rest in peace Patrick. Justice will be served.

 

Offline Intelligence

  • Hill 10 Situation
  • Posts: 706
My sincere condolences to the Family and Friends who Loved him.

Patrick will not be forgotten - - ever.
An Ol' Irish Quote:
“You see things; and you say, 'Why?' But I dream things that never were; and I say, 'Why not?'”

Offline mefree

  • High Value Target
  • Posts: 4,354
Gosh. I had completely forgotten about the date of Patrick's passing. In all honesty I rarely consciously dwell on his passing yet he has become the center of why I am here on this board and active in the complete dismantling of Narconon from the face of the earth. Sometimes I talk like a big man and say his passing is not the central point as to why I have become an outspoken advocate against NarCONon.

 Truth be told Patrick W. Desmond emboldened me to step out of my safe little world and shout out from the roof top that SCIENTOLOGY is an affront to everything I as a human being stand for. That it is ones moral and social duty to seek out the truth and share that knowledge with the rest of our community.

 This may sound odd ,but within Patrick's passing he left us a gift. A gift that will help others. A gift that resonates to my very core. That gift being his life. His passing opened up the flood gates revealing an evil that many find hard to comprehend. Patrick paved the way for truth to shine like the early morning sun on a summers day.

 His passing has enabled myself to grow as a human being, to speak up when I see a wrong that needs to be made right, to step out of my comfort zone and bear witness against those that prey on our fellow citizens.

 The likes of Mary Rieser,Don Delgado,Maria Delgado,James D Wegener,Bob Schmidt,Deb Danos,Fritz Alders,Martin Cohen and the rest of this sad cast of deluded characters will be held accountable.

 Patrick's passing opened my eyes to the shortcomings of those who we the citizen entrust to protect us from entities like SCIENTOLOGY/NARCONON. Those within the halls of government have and are being revealed as not executing the will of the people. The great state of Georgia and its citizens demand action from those appointed to protect us.

 Some within the halls of Georgia government (DCH) are as guilty as those that set the stage that led to Patrick,s death. The state of Georgia (DHR) in 2007 had the opportunity to correct a social ill. Instead the state took the easy economical way out.

 That easy way out cost a young man his life. Now as I type this nothing seems to have changed. Narconon is still plying its trade here in Georgia and the Georgia DCH for all intent and purposes from this citizens point of view is doing nothing to stop this madness from continuing unabated. I wish in my heart that this is not the case,but recent actions show otherwise.

 Rest in peace Patrick. Justice will be served.

Well said, ST.

Patrick's death is not why I initially got involved, but he is why I continue to be involved.
The ultimate authority must always rest with the individual's own reason and critical analysis.
-Dalai Lama

Offline ethercat

  • Global Moderator
  • High Value Target
  • Posts: 3,768
My continued condolences to the Desmond family, and a big cheer for their bravely staying the course in this important case.  I know it can't be easy for them.

 :::-O-:::

For those who have been following the case, you might remember this Motion that was filed by Jeffrey R. Harris on behalf of the Plaintiffs, on May 1, 2012:
Consolidated Motion And Memorandum Pursuant To Uniform Superior State Court Rule21 To Unseal Documents

On May 4, 2012, he filed this Supplemental Motion:
Plaintiffs Supplemental Memorandum In Support Of Motion To Unseal Records Pursuant To Uniform State Rule 21

According to the UNIFORM RULES SUPERIOR COURTS OF THE STATE OF GEORGIA, Rule 21 says this:
Quote
Rule 21. LIMITATION OF ACCESS TO COURT FILES

All court records are public and are to be available for public inspection unless public access is limited by law or by the procedure set forth below.
Rule 21.1. Motions and Orders
Upon motion by any party to any civil or criminal action, or upon the court’s own motion, after hearing, the court may limit access to court files respecting that action. The order of limitation shall specify the part of the file to which access is limited, the nature and duration of the limitation, and the reason for limitation.
Amended effective October 7, 2010.
Rule 21.2. Finding of Harm
An order limiting access shall not be granted except upon a finding that the harm otherwise resulting to the privacy of a person in interest clearly outweighs the public interest.
Rule 21.3. Ex Parte Orders
Under compelling circumstances, a motion for temporary limitation of access, not to exceed 30 days, may be granted, ex parte, upon motion accompanied by supporting affidavit.
Rule 21.4. Review
An order limiting access may be reviewed by interlocutory application to the Supreme Court.
Rule 21.5. Amendments
Upon notice to all parties of record and after hearing, an order limiting access may be reviewed and amended by the court entering such order or by the Supreme Court at any time on its own motion or upon the motion of any person for good cause.

Some non-parties to the case, but very interested members of the public, filed a Petition on May 23, 2012, to show the court that there is public interest in this case:
Petition Of Ann Lowe And Matthew Hurley To Unseal Documents Of Record And Open Depositions

Narconon of Georgia apparently really doesn't want these things to become public, and they have a Response, which will probably make for very interesting reading (LOL!):
Narconon of Georgia's Response To Plaintiffs' Consolidated Motion, Memorandum, And Supplemental Memorandum To Unseal Documents

In the meantime, on the same day, Narconon of Georgia also filed a Request for Oral Argument:
Narconon of Georgia's Request For Oral Argument

to argue about the Plaintiffs' Motion for Sanctions:
Brief In Support Of Plaintiffs' Motions for Sanctions

because (I guess) their Brief in Opposition wasn't good enough:
Defendant Narconon of Georgia's Brief in Opposition to Plaintiffs' Motion for Sanctions

I believe this is the Protective Order they are discussing in their Brief:
ProtectiveOrder, Stipulation, and Confidentiality Agreement

Coming up to present time, the Plaintiffs and the Defendant Narconon International have both sent letters to the Judge:

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-06-04-LetterOfJeffreyRHarrisToJudgeHydrick.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-06-06-LetterOfDavidFRootToJudgeHydrick.pdf

And, well, I suppose that ought to keep you reading for a bit.   ||||9000||||
« Last Edit: June 12, 2012, 21:34 by ethercat »
   Narconon Reviews
   Independent Reviews of the Narconon Drug Rehab Programs
   Answers to Frequently Asked But Seldom Answered Questions

Offline SocialTransparency

  • High Value Target
  • Posts: 1,326
 Interesting that plaintiffs attorneys have resolved the case with defendant Dr.Robbins and the Robbins group. Would that be from a financial perspective?

Offline mefree

  • High Value Target
  • Posts: 4,354
Interesting that plaintiffs attorneys have resolved the case with defendant Dr.Robbins and the Robbins group. Would that be from a financial perspective?

According to the magic 8 ball, all signs point to yes.

The ultimate authority must always rest with the individual's own reason and critical analysis.
-Dalai Lama

Offline SocialTransparency

  • High Value Target
  • Posts: 1,326
Interesting that plaintiffs attorneys have resolved the case with defendant Dr.Robbins and the Robbins group. Would that be from a financial perspective?

According to the magic 8 ball, all signs point to yes.
Hmmm. I wonder who replaced Dr.Robbins as "Staff medical director" for Narconon of Georgia. A portion of DCH complaint#GA00112270 has to do with that particular area within N of G.

Offline SocialTransparency

  • High Value Target
  • Posts: 1,326
According to the magic 8 ball, all signs point to yes.

 WoW! I just asked the magic 8 ball if Narconon of Georgia would be shut down within the state of Georgia.

http://web.ics.purdue.edu/~ssanty/cgi-bin/eightball.cgi

 The 8 ball says definitely! ;D

Offline Mary_McConnell

  • High Value Target
  • Posts: 2,865
    • Formerly Fooled Finally Free of The Deceptive Cult Called Scientology
Ethercat wrote:
Quote
"Narconon of Georgia apparently really doesn't want these things to become public, and they have a Response, which will probably make for very interesting reading (LOL!):

Narconon of Georgia's Response To Plaintiffs' Consolidated Motion, Memorandum, And Supplemental Memorandum To Unseal Documents
http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-05-31NNGAsResponseToPlaintiffsConsolidatedMotionMemorandumAndSupplementalMemorandumToUnsealDocuments.pdf

A lot of funny stuff in there! This part about the case being all over the internet, particularly on OCMB, with Gumby thanking me made me chuckle!

Quote
[..]Due to the open access to the Court's record, persons wholly unaffiliated with this litigation and whose interests are adverse to the Narconon Defendants have been provided ready access to information that the parties have agreed is confidential and should be protected.

Anti-Narconon groups are actively monitoring this litigation and have pulled pleadings, interlocutory orders, clips from video depositions, deposition transcripts, police reports, and other information and documents from the record of this case for the purpose of fueling discussion and analysis of the case on their websites. A simple search of the name "Patrick Desmond" through Google's search engine results in what appears to be something in the range of at least 200 Internet websites that discuss this litigation.

For example, a page on the Operation Clambake Message Board is devoted to this litigation. (http://ocmb.xenu.net/ocmb/viewtopic.php?t=33257).

There, anyone and everyone can access documents from this case and engage in discussions about the parties, facts,witnesses, and even the judges.

The concerning consequences of the availability of the record of this case to the general public are illustrated by the following comment found on the OperationClambake Message Board:

Thank you Mary for updating and cross posting the current
particulars involving this tragic case. The words coming out of
NarCONon of Georgia executive director Mary Rieser,s mouth
during her deposition are to say the least "Very revealing".
She for all intents and purposes does not know what her own
organization is about much less anything remotely relating to
addiction and or drug rehabilitation services.Though the PDF,s
are huge, the content is well worth a look at.
An insiders look at a scam of epic proportions.
(Excerpts from Operation Clambake Message Board at attached hereto as Exhibit A).

Indeed, two individuals who are wholly unrelated to this litigation have filed a Petition to UnsealDocuments of Record and Open Depositions. These two individuals are affiliated with the website www.reachingforthetippingpoint.net.

A quick review of that website will reveal photographs of the court file in this case - and extensive discussions about the various pleadings filed by lawyers - much of which would never be admissible in front of any DeKalb County State Court jury. The websites cherry-pick the documents to suit their agenda - the public attack of Narconon. They do not limit their intrusion to what may ultimately be admissible evidence before any jury that may hear this case. The commentary and conclusions drawn in the banter in these websites are not legally sound. Yet, it is all available for anyone, including the prospective jury pool for this case, to review. [..]

What they don't get is that the most damaging information on the internet was posted 2 years before the Desmond family ever filed this lawsuit! The rest is caek.


edited for formatting. --ec
« Last Edit: June 17, 2012, 10:12 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 mefree

  • High Value Target
  • Posts: 4,354
Thought this paper would be of interest to those following this case:

Kudzu in the Courthouse: Judgments Made in the Shade
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2080279
The ultimate authority must always rest with the individual's own reason and critical analysis.
-Dalai Lama

Offline Mary_McConnell

  • High Value Target
  • Posts: 2,865
    • Formerly Fooled Finally Free of The Deceptive Cult Called Scientology
My continued condolences to the Desmond family, and a big cheer :::-O-:::for their bravely staying the course in this important case.  I know it can't be easy for them.

My condolences and gratitude, as well.  @->->-&:-* We will never forget Patrick W Desmond

For those who have been following the case, you might remember this Motion that was filed by Jeffrey R. Harris on behalf of the Plaintiffs, on May 1, 2012:
Consolidated Motion And Memorandum Pursuant To Uniform Superior State Court Rule21 To Unseal Documents

On May 4, 2012, he filed this Supplemental Motion:
Plaintiffs Supplemental Memorandum In Support Of Motion To Unseal Records Pursuant To Uniform State Rule 21

 Some non-parties to the case, but very interested members of the public, filed a Petition on May 23, 2012, to show the court that there is public interest in this case:
Petition Of Ann Lowe And Matthew Hurley To Unseal Documents Of Record And Open Depositions [..]

 \*/ Thank you Ann and Matt for representing the rights of the public and members here in requesting those sealed records and depositions be made public! Hopefully the hearing on July 19th will be to our benefit
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: 2,865
    • Formerly Fooled Finally Free of The Deceptive Cult Called Scientology
Thought this paper would be of interest to those following this case:

Kudzu in the Courthouse: Judgments Made in the Shade
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2080279

Very interesting!
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 SocialTransparency

  • High Value Target
  • Posts: 1,326
 Defendants lawyers can pontificate all they want. They are PAID too. I on the other hand follow a far different moral compass. I am NOT paid to share with my fellow citizens facts that may save a loved one from this so called rehab program. I do this because it is right and just!

 Defendants legal team wants information hidden from public view and scrutiny.(Gee I wonder why?)

 To claim we advocates would taint a jury pool is not only laughable, but thin from an legal point of view.
 
 The facts are in place. Recent and continued State of Georgia DCH documentation supports this. The general public has a RIGHT to have everything @ its disposal when vetting any business, especially when it involves medical or in this case pseudo medical practices.

 You lawyers need to come to grips with the fact Georgia by law allows we the citizenry to have access to information that impacts us. You the defendants lawyers in this case DO NOT have some type of private club that decides when,where and how we the citizenry gain said public information or how we discuss it in whatever format we so choose.

 Defendants legal team seems to be missing a very important point here. A young man DIED. What led to that young mans death lays squarely @ the feet of the very people they represent. That they cannot change.

 It appears to me the defendants legal team would like everything to be hush hush. This way a quiet cash settlement can be had. A gag order be put into place which encumbers we the citizenry from gaining factual information concerning Narconon of Georgia and Narconon International.

 Without that information deaths can and do occur. Case in point being Patrick W Desmond and those 3 poor young people that recently died @ another Narconon facility.

 The N of G legal team need to open their eyes!



 Guess they are not up to speed either as to why Narconon Trois Riviers in Canada was recently closed.

 EDIT: IMHO  Narconon of Georgia and Narconon Internationals legal team is in some fashion starting an odd smear campaign against those citizens that are speaking up about this case to sway the courts in keeping certain information out of public view.

 Using flowery wording to paint said citizenry as having no business gaining what many believe to be information that is in the public,s interest. 

 

 

 

 

 

 

 

 
« Last Edit: June 17, 2012, 22:48 by SocialTransparency »

Offline ethercat

  • Global Moderator
  • High Value Target
  • Posts: 3,768
Defendants legal team wants information hidden from public view and scrutiny.(Gee I wonder why?)

 To claim we advocates would taint a jury pool is not only laughable, but thin from an legal point of view.
 
 The facts are in place. Recent and continued State of Georgia DCH documentation supports this. The general public has a RIGHT to have everything @ its disposal when vetting any business, especially when it involves medical or in this case pseudo medical practices.

 You lawyers need to come to grips with the fact Georgia by law allows we the citizenry to have access to information that impacts us. You the defendants lawyers in this case DO NOT have some type of private club that decides when,where and how we the citizenry gain said public information or how we discuss it in whatever format we so choose.

 Defendants legal team seems to be missing a very important point here. A young man DIED. What led to that young mans death lays squarely @ the feet of the very people they represent. That they cannot change.

 It appears to me the defendants legal team would like everything to be hush hush. This way a quiet cash settlement can be had. A gag order be put into place which encumbers we the citizenry from gaining factual information concerning Narconon of Georgia and Narconon International.

....

EDIT: IMHO  Narconon of Georgia and Narconon Internationals legal team is in some fashion starting an odd smear campaign against those citizens that are speaking up about this case to sway the courts in keeping certain information out of public view.

 Using flowery wording to paint said citizenry as having no business gaining what many believe to be information that is in the public,s interest.


Hear! Hear!


I have only one slight quibble.  The defendant's lawyers are responsible for doing their best for their client, so it's really the defendants, Narconon of Georgia and Narconon International, that your comments should be directed toward.
   Narconon Reviews
   Independent Reviews of the Narconon Drug Rehab Programs
   Answers to Frequently Asked But Seldom Answered Questions