Author Topic: The Desmond Family v. Narconon of Georgia, Narconon International, et al  (Read 237862 times)

Offline Mary_McConnell

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I thought I remembered reading that there was supposed to be a hearing tomorrow regarding a motion for sanctions against Narconon International.  If that's true, I'd love to hear the outcome of that.

Yes, you heard right....

ethercat wrote
Quote
This one is important because it says that the hearing scheduled for January 4 has been postponed until January 17, and I assume is to be included with this hearing scheduled on the same day.  10am in the Epic and Honorable Judge Hydrick's Courtroom 2A.
http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-11-NoticeOfHearing.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-12-NonPartyChuckClarkesObjectionToAndMotionToQuashPendingSubpoenaAndBriefInSupport.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-21-NNIsOppositionToPlaintiffsMotionForProtectiveOrderOrMotionInLimine.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-21-Rule52-PlaintiffsNoticeToTakeVideotapedDepositionOfMartinCohen.pdf
http://forum.reachingforthetippingpoint.net/index.php/topic,8408.msg28225.html#msg28225


Also, a little birdie told me that Narconon of Georgia had a booth at the Capitol on Monday with a display and literature touting their program to try and gain legislative support.  The eyewitness relayed that they looked like an island of loneliness s nobody wanted to go near them.

This is in contrast to a few years ago.  I attended their Capitol day in early 2008 right before I moved to Clearwater, and spoke to many people.  I even got asked to speak at a committee hearing by surprise.  NN GA tried to capitalize on this, and apparently created this false press release without my knowledge.  I never gave permission for those quotes and certainly don't recall saying those things to the committee (http://www.transworldnews.com/NewsStory.aspx?id=43543&aut=18313).

 hehehe! Y--O-||
« Last Edit: January 16, 2013, 17:02 by Mary_McConnell »
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Offline ethercat

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I thought I remembered reading that there was supposed to be a hearing tomorrow regarding a motion for sanctions against Narconon International.  If that's true, I'd love to hear the outcome of that.

Yes, you heard right....

ethercat wrote
Quote
This one is important because it says that the hearing scheduled for January 4 has been postponed until January 17, and I assume is to be included with this hearing scheduled on the same day.  10am in the Epic and Honorable Judge Hydrick's Courtroom 2A.

Yes, you did hear right, and I called the judge's office this afternoon to confirm.  It has been moved to 1:30 pm tomorrow.  The "rear ends" of anyone who plans to attend will be thankful for less time in the courtroom - those benches are HARD!

Quote
Also, a little birdie told me that Narconon of Georgia had a booth at the Capitol on Monday with a display and literature touting their program to try and gain legislative support.  The eyewitness relayed that they looked like an island of loneliness s nobody wanted to go near them.

The doofusses didn't check what else was going on Monday - there were no tours of the Capitol going on that day because the legislature was in session, so there probably weren't many visitors there that day.  Also, they've got mega-bad publicity going on, what with the media and all.   The legislators probably heard about them on the news.  ;D

Quote
This is in contrast to a few years ago.  I attended their Capitol day in early 2008 right before I moved to Clearwater, and spoke to many people.  I even got asked to speak at a committee hearing by surprise.  NN GA tried to capitalize on this, and apparently created this false press release without my knowledge.  I never gave permission for those quotes and certainly don't recall saying those things to the committee (http://www.transworldnews.com/NewsStory.aspx?id=43543&aut=18313).

Nice of them to tell everyone reading what they need to make meth.   (:E)
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Offline mefree

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Quote from: ethercat
less time in the courtroom - those benches are HARD!

A cushion is recommended.

Quote from: ethercat
Nice of them to tell everyone reading what they need to make meth.   (:E)

 :-D^\^\

Quote
Mr. Catton also stated, "The Narconon Drug Rehab program has a 76% success rate with people hooked on meth, but we would prefer not having people addicted to meth in the first place. The harder we make it for dealers to produce meth, the better off we all are."

That sure doesn't sound like something you would say, Lucas. No wonder you remember it so well!
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Offline CoolHand

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I came across that release today as I was doing research for my writing - wanting to get the timeline of events correct.  I wonder if there is a real transcript of that hearing somewhere.  I was talking about how when the laws changed in Oklahoma regarding products containing certain ingredients used to manufacture meth that there was an almost immediate decline in local production/labs found.  It was in support of the bill.  I definitely didn't talk any more about Narconon, especially since I was no longer directly employed by Narconon at that time.  This release is just one more piece of evidence of their habitual lying.  Lying to parents and addicts, to the media, to government officials and regulators, to insurance companies, you name it - and that goes for more than just Narconon of Georgia, obviously.

Oh, and there are also a couple other major things happening tomorrow - Lawrence Wright's book coming out and both he and Paul Haggis appear on NBC's Rock Center!
« Last Edit: January 16, 2013, 21:13 by CoolHand »

Offline who me?

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I came across that release today as I was doing research for my writing - wanting to get the timeline of events correct.  I wonder if there is a real transcript of that hearing somewhere.

Didn't find a transcript, but found a report: http://www.senate.ga.gov/sro/Documents/StudyCommRpts/08MethcheckDatabaseRpt.pdf

Offline CoolHand

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Didn't find a transcript, but found a report: http://www.senate.ga.gov/sro/Documents/StudyCommRpts/08MethcheckDatabaseRpt.pdf

Cool!  If I remember correctly, the bill was actually shot down initially because of costs to formulate and maintain the database, so later in the session they created this committee, which held the meetings described in the report.  These are part of the same string, but came months after the hearing we attended.

Good find and thanks for posting though!

Offline mefree

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Narconon claims no liability in death of Norcross rehab patient -AJC
By Christian Boone

Quote
.....Narconon International, based in Los Angeles, is also named in the suit. Attorneys for the drug treatment organization with ties to the Church of Scientology said during Thursday’s hearing they were not responsible for the Norcross clinic’s alleged negligence.

“These two companies are separate corporations,” Narconon International lawyer David Root said. “International does not own, and Georgia is not a subsidiary, or local licensee.”

The international group is “not involved” in the Georgia group’s daily operations, Root said.

But the lawyer for Desmond’s parents, pointing to a contract between the two entities in which Narconon International agrees to provide periodic, on-site health and safety inspections, said its responsibility is irrefutable.

“Narconon International has assumed a contractual duty to address anything that is a ‘non-optimal’ situation,” said plaintiff’s attorney Jeff Harris, adding the international group regularly inspected the Georgia clinic. “They’re on constant notice there are problems at the housing (component) and they never do anything about it.”

Narconon of Georgia attorney Barbara Marschalk said the overriding issue of the case is Desmond’s willful use of an illegal substance.

“Is it fair and reasonable to hold someone accountable for their own conduct?” she said. In her closing argument Thursday, Marschalk said, “Addicts find a way to get drugs. That is a simple fact of of life. No one from Narconon of Georgia gave him drugs.”

Moreover, Marschalk said Desmond knew he was enrolled in an outpatient program, pointing to documents signed by the 28-year-old former Marine.

“None of the misrepresentations caused Patrick Desmond’s death,” she said.

Harris countered that Narconon has engaged in “a pattern of criminal activity.”

“All we’re saying it that a drug and alcohol rehab facility has to take reasonable steps to prevent … their own patients from attempting to get drugs and alcohol,” he said. “Those people are there because they have a disease and they should be treated as such.”

Hydrick said she would rule on Narconon’s request for a summary judgment before a pre-trial hearing scheduled for Feb. 4....

more at http://www.ajc.com/news/news/local/narconon-claims-no-liability-in-death-of-norcross-/nTzZq/

Jodie Fleischer, Pete Combs and Christian Boone were all present at the hearing today. The AJC article is already up and there was a snippet on WSB radio. I expect more tonight on WSB TV at 11 p.m.

Christian Boone covers the arguments on both sides pretty well in his article. I have one lasting impression from today's hearing. Marschalk is still smarting from sanctions.

There was quite a bit of discussion on pain and suffering, or lack thereof, and proximate cause. Although Narconon INT tried to distance themselves from this case, Jeff Harris was ready with documents that showed their involvement.

We have to wait for a ruling on the summary judgement request on February 4th at a pre-trial hearing. A lengthy trial is anticipated.

A comment from t1kk on the Tipping Point facebook page:

Quote
So Narconon is basically arguing that it's as liable as a highway truck stop, if someone were to overdose there. They accept five-figure checks from patients, extremely vulnerable people by definition, and whatever happens on their watch is on them.
« Last Edit: January 17, 2013, 20:34 by mefree »
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Offline Witnessman

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If anyone attended the hearing today, please let us know if the Judge announced any rulings or if  there anything definite about the trial being either on or off for Feb 11?

If not, how did it seem to go? Did the Judge ask many questions? Did she do or say anything might seem to indicate what could happen next?

Thanks.

Offline Mary_McConnell

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Interesting article... Jeff Harris quotes nailed it.  ie: "criminal activities";  and “All we’re saying it that a drug and alcohol rehab facility has to take reasonable steps to prevent … their own patients from attempting to get drugs and alcohol,” he said. “Those people are there because they have a disease and they should be treated as such.”

Yes and what happened regarding the other motions/ hearing that were to be heard yesterday... I thought there were 4 in total

Also, do we know what the Narconon Int sanctions decision is?
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 BigBeard

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narCONon's arguement sounds like the typical Cof$ deflection of, "He pulled it in, it's not the techs fault.", crapolla.

BigBeard

Offline SocialTransparency

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Offline who me?

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narCONon's arguement sounds like the typical Cof$ deflection of, "He pulled it in, it's not the techs fault.", crapolla.

I really dislike the "pulled it in" crap, unfortunately, so many people see addiction as a moral failing and figure the person brought the misery on themselves.

A jury will need to be educated on addiction, and on the fact that someone trying to recover has a rough time with all the support in the world, and every point that NN is short of the ideal becomes another hurdle to an addict's recovery. NN lied to have Patrick placed in a facility that did not meet his needs or the court requirements. NN set him up for failure when they did not provide appropriate rehab or any skills to deal with his addiction, and sent him home with a high relapse risk (which he did).

Patrick may have known he was in an inappropriate place but what options did he have? Reporting this to his parents would have NN saying addicts lie when they do not want to be in rehab. Reporting it to the court was a big unknown, would he go to jail? or would he be back in the position of trying to find another rehab after his parents already spent so much money? Either way, he would have felt he failed his parents, or NN would have made sure he felt this way.  Pisses me off! >:(

OK, rant over.

Offline snippy

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It was a good rant.

Offline Mary_McConnell

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Sure was!

Thanks, who me? !!
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

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I really dislike the "pulled it in" crap, unfortunately, so many people see addiction as a moral failing and figure the person brought the misery on themselves.

A jury will need to be educated on addiction, and on the fact that someone trying to recover has a rough time with all the support in the world, and every point that NN is short of the ideal becomes another hurdle to an addict's recovery. NN lied to have Patrick placed in a facility that did not meet his needs or the court requirements. NN set him up for failure when they did not provide appropriate rehab or any skills to deal with his addiction, and sent him home with a high relapse risk (which he did).

Patrick may have known he was in an inappropriate place but what options did he have? Reporting this to his parents would have NN saying addicts lie when they do not want to be in rehab. Reporting it to the court was a big unknown, would he go to jail? or would he be back in the position of trying to find another rehab after his parents already spent so much money? Either way, he would have felt he failed his parents, or NN would have made sure he felt this way.  Pisses me off! >:(

OK, rant over.

I love your rant, who me?. Pisses me off too!
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Offline BMF

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Yes, the girl whose sister shot her up with heroin at age 5 "pulled it in".  True story.
"But now," says the Once-ler, "Now that you're here,
the word of the Lorax seems perfectly clear.
UNLESS someone like you,
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Offline mefree

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Yes, the girl whose sister shot her up with heroin at age 5 "pulled it in".  True story.

Now, I'm really sick.....
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Offline BMF

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Sorry, ive heard this line for a long time and it is one of the things I despise most about the church and NN way of thinking.  Ive seen too many nasty things happen to good people for this to be valid and to use it as an excuse for someone dying is despicable.  Narconons lawyers should be ashamed of themselves for trying to help NN get out being held accountable for this tragedy.

They have these business agreements so they have the authority to do what they think is needed as a separate corporation, but when something goes wrong, its like "not our fault, we are a separate corporation."  Sorry Phil Hart, you cant have it both ways. 
"But now," says the Once-ler, "Now that you're here,
the word of the Lorax seems perfectly clear.
UNLESS someone like you,
cares a whole awful lot,
nothing is going to get better. Its not!"   - Dr. Seuss

Offline mefree

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Narconon wants wrongful death suit thrown out - WSB radio
By Pete Combs

Atlanta — Note:WSB’s Pete Combs has been investigating the Church of Scientology’s drug rehab program known as Narconon since the Spring of 2012. Thursday, the Norcross-based program (Narconon of Georgia) and its parent organization (Narconon International) were in court, asking a Dekalb State judge to throw out the wrongful death case against them.

David Root, a  lawyer for Narconon International, argued 28-year old Patrick Desmond has no one to blame for his death but himself.

“If you voluntarily ingest something and hurt yourself, you can’t sue,” he told Judge Stacey Hydrick during Thursday’s lengthy hearing. Desmond, a former Marine who was sentenced to in-patient drug and alcohol rehabilitation by a Florida drug court in 2007, died after drinking with a Narconon employee then shooting heroin with two former Narconon patients.

more at http://www.wsbradio.com/news/news/local/narconon-wants-wrongful-death-suit-thrown-out/nTzsf/
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Offline Witnessman

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A somewhat more informative report is at the AJC website:  http://www.ajc.com/news/news/local/narconon-claims-no-liability-in-death-of-norcross-/nTzZq/

Lawyers making silly arguments just is not very much real news, I guess.