“...but the defense team intended to impeach her with the documents and even tried to show her the documents to refresh her memory although she declined”
Umm the documents have already been introduced in court but we don’t want to introduce them. Say what?
I’ve said it before and I’ll say it again: Judge Olmedo is a Judge who isn’t sleeping on the job. She relies on her own knowledge of the case, not what the attorney tries to tell her happened. So nice to see them not sneak things by her.
I love how she succinctly stated that Masterson was the only defendant as well.
“The sharing of the information by the civil defense team, if that’s where the information came from, with the criminal defense team to be used in separate legal proceedings will no doubt be vetted at a later date by either a reviewing court or perhaps administrative body, neither of those scenarios are of this court’s concern.”
And she has no ego. She basically says, yep, go ahead, take it to appeals, not my problem.
"... the attorney-client privilege does not protect independent facts related to the communication itself as well. For instance, the fact that the communication took place, the time of the communication, the dates of the communication, the participants in the communication and it does not protect the disclosure of the underlying facts which may be referenced within a qualifying communication and it does not extend to individuals who are no more than witnesses to the matter at issue in the litigation…".
Boy, had I been smart enough to have become a lawyer and learned to deal with evidence finepoints.
At the time, it seemed pretty clear that Mesereau et al, we’re in contemporary contact with Miscavige during the preliminary hearing. Mesereau’s mistake was relying on Miscavige. The puny pontiff no doubt instilled whatever fear he could in Mesereau to follow his orders. And now we know the likelihood that Scieno was paying him was high. Definitely a case for malpractice--but no doubt Miscavige has no appetite for revealing the facts in order to litigate!
No wonder Mesereau was fired. He really screwed up and gave the prosecution enough ammo to perhaps convict Masterson. I await, with baited breath (Buffalo Wings in my case) to see what the $cieno documents show.
"...Those documents included the 2004 settlement agreement reached with Mr. Masterson, the 2004 draft civil complaint against Mr. Masterson, internal Scientology documents purportedly prepared during the practice [of] Scientology by the alleged victims including Knowledge Reports, Things That Shouldn’t Be reports, O/W reports and other reports prepared by higher-up Scientology officials...." - Judge O
So at least we're talking the KRs and Things That Shouldn't Be Reports, OW reports, that's plenty good!!!!
“...but the defense team intended to impeach her with the documents and even tried to show her the documents to refresh her memory although she declined”
Umm the documents have already been introduced in court but we don’t want to introduce them. Say what?
I’ve said it before and I’ll say it again: Judge Olmedo is a Judge who isn’t sleeping on the job. She relies on her own knowledge of the case, not what the attorney tries to tell her happened. So nice to see them not sneak things by her.
I love how she succinctly stated that Masterson was the only defendant as well.
“The sharing of the information by the civil defense team, if that’s where the information came from, with the criminal defense team to be used in separate legal proceedings will no doubt be vetted at a later date by either a reviewing court or perhaps administrative body, neither of those scenarios are of this court’s concern.”
And she has no ego. She basically says, yep, go ahead, take it to appeals, not my problem.
"... the attorney-client privilege does not protect independent facts related to the communication itself as well. For instance, the fact that the communication took place, the time of the communication, the dates of the communication, the participants in the communication and it does not protect the disclosure of the underlying facts which may be referenced within a qualifying communication and it does not extend to individuals who are no more than witnesses to the matter at issue in the litigation…".
Boy, had I been smart enough to have become a lawyer and learned to deal with evidence finepoints.
At the time, it seemed pretty clear that Mesereau et al, we’re in contemporary contact with Miscavige during the preliminary hearing. Mesereau’s mistake was relying on Miscavige. The puny pontiff no doubt instilled whatever fear he could in Mesereau to follow his orders. And now we know the likelihood that Scieno was paying him was high. Definitely a case for malpractice--but no doubt Miscavige has no appetite for revealing the facts in order to litigate!
No wonder Mesereau was fired. He really screwed up and gave the prosecution enough ammo to perhaps convict Masterson. I await, with baited breath (Buffalo Wings in my case) to see what the $cieno documents show.
"...Those documents included the 2004 settlement agreement reached with Mr. Masterson, the 2004 draft civil complaint against Mr. Masterson, internal Scientology documents purportedly prepared during the practice [of] Scientology by the alleged victims including Knowledge Reports, Things That Shouldn’t Be reports, O/W reports and other reports prepared by higher-up Scientology officials...." - Judge O
So at least we're talking the KRs and Things That Shouldn't Be Reports, OW reports, that's plenty good!!!!