Tag Archives: wally pope

Clearwater Star Chamber Gets Green Light, For Now

Reference: Miscavige’s Hot Smoking Gun

A Federal Court judge today denied attorney Ken Dandar’s motion to enjoin Pinellas County state court judge Crocket Farnell from proceeding with a closed-to-the-public proceeding to assess fines against Dandar.  F. Wallace Pope’s motion to strike my testimony from the record apparently was denied.

Here is the court’s official minutes:

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION CLERK’S MINUTES

8:12-cv-2477-T-VMC(EAJ)

DATE:

HON. VIRGINIA M. HERNANDEZ COVINGTON

PLAINTIFF’S COUNSEL

Pro se

DEFENSE COUNSEL

Wallace Pope, Robert Potter

COURT REPORTER: Paul Spangler

DEPUTY CLERK:

TIME: 9:00 – 9:49 TOTAL: 49 mins

COURTROOM:

PROCEEDINGS: MOTION HEARING re: Emergency Motion for Preliminary Injunction (Dkt #2)

The plaintiff argued his motion before the Court.
The defendant offered a counter-argument before the Court. Defendant’s position is that plaintiff has not alleged some form of state action.

The Court stated she will not accept a pleading that is filed under seal or in camera.

The Court stated that plaintiff has failed to allege what has to be alleged in the complaint.

Oral Motion by plaintiff for leave to file an amended complaint. The Court instructs the plaintiff to file a motion if he wishes to amend the complaint and defendant will have a chance to respond.

The Court denied the Emergency Motion for Preliminary Injunction. A written order will be entered. Motion to Strike is denied as moot.
Motion to file pleadings in camera/under seal is denied.

News on the development:

Tony Ortega’s Account

New York Daily News

ABC Action News Tampa’s Account

Apparently, Dandar did not properly plead the case. I have no further data as to what took place in the Federal Court proceeding.  I simply responded to and complied with a subpoena and testified to the truth.  But, the more I learn of this case, the more I am beginning to suspect that an injustice of magnitude is afoot.   The proceedings before Farnell being carried on off the public record seems unAmerican and, given Scientology Inc.’s history of buying influence with the Pinellas judiciary, it at the very least has the appearance of impropriety.

Farnell was approached by Scientology Inc. lawyers to assess Dandar with fines for alleged violation of the Lisa McPherson civil case settlement the parties entered into in 2004.  The settlement agreement allegedly includes the provision that Dandar may not represent anyone for the remainder of his life in any action against David Miscavige and Scientology Inc.   Dandar allegedly violated that agreement by representing the woman whose son committed suicide while in the care of his Scientologists father.  The father was twinning with David Miscavige’s twin sister Denise at Scientology Inc’s Flag training center at the time.  Dandar alleged that Denise and Scientology Inc had pressured the father to hide his son’s meds, which deprivation lead to the suicide.  According to Dandar, he only took on the case when the victim’s mother was rebuffed by a number of potential lawyers who all opted out citing fear of the Scientology Inc retaliation machine. Dandar lost that suit earlier this year.  Miscavige now wants to ruin Dandar financially. Apparently, he wants to put his head on a figurative pike so as to create a chilling effect against any other lawyers getting the idea it is safe to sue Miscavige and Scientology Inc.   Therefore, we will keep a closer eye on this one.

“Only Scientology Law Applies” – Radical Corporate Position

UPDATE SATURDAY A.M.:  VILLAGE VOICE WEIGHS IN

By Mike Rinder

At the same time Miscavige’s minions rushed into court in Texas attempting to enforce their unconscionable “contract” with Debbie Cook, they sang a different tune in Pinellas County, pleading that courts have no jurisdiction in matters of religion.

See the article by Joe Childs and Tom Tobin reporting on today’s hearing (which occurred coincidentally with the hearing in Texas):  Lawyer tells judge: “Only Scientology law applies.”

The Tampa Bay Times report is accurate and objective.

There is no doubt a great deal of law indicates courts should not intrude in religious matters.  But here, where the church has long proclaimed how fair and generous it is in returning money to dissatisfied customers, the new “policy” of refusing to return funds is being challenged and scrutinized.  Until fairly recently, the church lived up to representations made to the Internal Revenue Service to gain tax exemption that it was “easy” to get your money back.  But it seems there are so many dissatisfied customers that they had a change of heart, and are now refusing to even return monies on account while stating “if they had just followed the procedures they would have had their money by now” with a straight face.  I wonder what would happen if a bunch of SPs showed up at the FSO to “do their CVB Routing Form” – imagine the panic that would spread.  And if each brought a witness…. I think the FSO should be careful about what they say.

It was rather humorous to watch the church try to claim a 7 page fine print contract is “Scientology law.” Clearly, it was drafted by lawyers, not religious scholars, to be used in court and it even says so in the enrollment agreement.

But the most amazing position for the church to take is “tough luck pal, it’s our rules and if you don’t like them you can’t sue us.  Not for anything, ever, because you signed away your rights in order to participate in church services.”  But here, they didn’t even participate. No services were provided.

There is little doubt this will be a long battle.  The stakes for the church losing are a catastrophic run on the bank.  But fighting this will focus more and more media attention on the vulture culture and how far removed it is from what the IRS was told that convinced them to grant the church tax exempt status.

Miscavige is walking a tightrope while juggling and doing backflips in a high wind:  trying not to let a dollar out of his grip while at the same time defying what he personally told the IRS about church policy on refunds and repayments, while trying to use the judicial system to enforce contracts to protect his ego and out of the other side of his mouth protesting that his contracts cannot be enforced by any court.  Good luck with that.

His contradictions are not lost on the world and as he proceeds down his arrogant path of self destruction, they will catch up to him. He is convinced he is the smartest man in the world and he can play anyone and everyone for his benefit. The truth ALWAYS prevails in the end.

A tip of the hat to Bert Schippers and Lynn Hoverson and Luis and Rocio Garcia for stepping up to the plate and paving the way for justice and equity for many who stand in the same place.

Big Brother – Part IV in a series

July 18, 2009

F. Wallace Pope
Johnson, Pope, et al
PO Box 1368
Clearwater, Florida
33757-1368

re: McPherson Settlement Agreement, yours of July 13

Dear Wally,

Your letter mischaracterizes my letter as asking you “to explain why you are bound by the confidential settlement agreement.” I asked nothing of the sort.

In my letter of June 29 in response to your letter of June 22, I asked that you provide me with documentation that supports your contention that I served as an agent of your client at the time you all allegedly entered into a settlement agreement with the Estate of Lisa McPherson. I also asked that you identify your client.

You ignored both of my requests. During the two weeks it apparently took your client to convince you to send a non-responsive letter, it occurred to me just how specious your demand is.

Your client was put on notice of what I had told reporters about Lisa McPherson well in advance of the June 21, 2009 St Petersburg Times publication of which you complain. In that substantial time period leading up to publication you chose not to contact me to inform me of the alleged settlement terms Miscavige had chosen to keep secret from me for over five years.

Instead, Miscavige decided that rather than abide by whatever it is you are claiming precludes your client from speaking about the case he would have his paid agent Monique Yingling attempt to project his own acts onto me. The June 22 article stated in part, “Still she (Yingling) said that Rathbun botched the case from the start, and ‘possibly caused the whole thing.’”

It is just like Miscavige to insist on having it both ways.

Miscavige’s personal attorney is on record accusing me of causing the entire Lisa McPherson tragedy and botching the legal cases surrounding it. No right-minded citizen would consider it constitutional, lawful or even ethical to attempt to muzzle someone from defending such a damning public condemnation with specific facts.

Your client chose not to inform me of any alleged confidential settlement terms when he was informed of what I had to say about McPherson. Rather, he chose to respond with statements of his own that went to the very heart of the merits of the McPherson affair. That he apparently became disappointed with the consequences of that decision when statements concerning the McPherson case by both he and I were published, does not afford Miscavige the opportunity to suck the toothpaste he issued back into the tube and pretend nothing happened. I am afraid you must inform Miscavige that he doesn’t get unlimited Mulligans in the real world.

Had enforcement of the alleged settlement agreement been a valid concern, rather than merely an intimidation tactic, Miscavige would have had you put me on notice of a claimed breach the moment he was informed of the topics I discussed with reporters. According to the Times special report that date was no later than May 13, 2009. Instead, through his attorney, Miscavige did exactly what he accused me of doing (though unlike me, he claims knowledge of the terms of, and thus is presumably bound by, the alleged settlement agreement).

Perhaps you can appreciate the untenable position you are in and can prevail on your client to cease these baseless attempts to harass.

Sincerely,

Marty Rathbun
PO Box 269
Ingleside, TX 78362