Scientology predictably tells judge she’s powerless in today’s Val Haney hearing
Can you imagine how much it pleases Scientology leader David Miscavige being able to tell a superior court judge that there’s nothing she can do about his ongoing abuse of a woman who is trying to sue him?
What a spectacle.
What we’re talking about is that today there is a hearing scheduled in the courtroom of Los Angeles Superior Court Judge Gail Killefer. The hearing was scheduled months ago with the assumption that by now a “religious arbitration” that Scientology has forced former member Valerie Haney into would be finished by now.
The only previous court-ordered arbitration in Scientology history took place in 2017 and lasted a single day. But as we’ve been telling you over several stories, and after talking to Valerie herself, Scientology is stringing out her arbitration and wants it to last even longer.
For five days — three in October and two more in February — Scientology subjected Valerie to a sham of a proceeding, not allowing her to have anyone with her, not allowing her to record the proceedings, and not allowing a transcript to be taken. And now we can see precisely why they want it that way: Valerie’s attorney Graham Berry has submitted a report complaining about the abuse Scientology is putting Valerie through rather than actually “arbitrating” anything, and what is Scientology’s attorney saying in response in a new document that was filed yesterday?
“That’s hearsay.”
In other words, without a transcript, without a recording of what Valerie is being put through in a room by herself with a half dozen antagonistic Scientologists — at least two of whom actually took part in the original abuse she’s suing over — Scientology attorney William Forman can dismiss Berry’s filing as “laden with hearsay and demonstrably false statements” because he knows there’s no official record to contradict him.
In the report Berry filed, he asked Judge Killefer to at least set an end date to the arbitration so Scientology can’t string this out forever.
But in his response, Forman flat out tells the judge that she just isn’t in a position to do that. In fact, there’s really nothing she can do today except stay out of the way and give Scientology more time to continue to put Valerie through even more of this abuse.
Early in his response, Forman spells out it out: Today’s hearing is merely a status conference “where the Court has no discretion to do anything.”
We’re serious, that’s what it says. The Court, in today’s hearing has no discretion to do anything.
The quick thumbnail for those not familiar with the five-year history of this case: In 2019, Valerie Haney sued for the abuse she said she went through as a Scientology Sea Org member, and then the stalking and libel she was subjected to when she dared to tell her story on Leah Remini’s TV series. Scientology convinced the Court that an exit agreement Valerie signed when she left the church obliged her not to sue but instead to subject herself to Scientology’s own “religious arbitration,” which is really more like a court martial. And as a tax-exempt religious organization, Scientology gets to set all the rules of that proceeding and the court has no say over any of those parameters.
Graham Berry, Valerie’s attorney, is now complaining that in this “arbitration,” Scientology has been parading witnesses that Valerie has no opportunity to prepare for, and she has to sit there while they scream at her.
Scientology: The Court can do nothing.
Berry complains that Scientology is bringing in boxes of documents of Valerie’s emails and photos that she has no time to examine, and is springing that material on her in order to continue to accuse her of lying.
Scientology: The Court can do nothing.
Berry complains that two of the panel members in the room actually took part in the abuse that Valerie is trying to sue over.
Scientology: The Court can do nothing.
And in fact, Forman says, the real scandal is that Graham Berry even opened his mouth at all.
Here we are again. Graham Berry has again filed a “Post-Arbitration Status Report No. 2” laden with hearsay and demonstrably false statements, designed to interfere with the in-progress, court-ordered arbitration, and to intimidate and harass the arbitrators. Defendants are forced again to spend the time and money on a rebuttal status report when 1) the Court didn’t ask for a report from anyone, and 2) there is now another mass of misinformation and dishonesty from Berry. And this all for a status conference where the Court has no discretion to do anything.
Again, we’ll ask you to imagine how much it tickled David Miscavige to have his attorney write those words to the court, and how much he will enjoy it this morning as Judge Killefer no doubt accedes to Scientology’s wishes and maybe also barks at Graham Berry for daring to speak up and try to protect his client from this outrageous, and ongoing, court-sanctioned abuse, and with no end in sight.
We are hoping to have a report from the courtroom later.
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I will absolutely guarantee that Scientology has at least an audio recording of the proceedings.
Why?
First, Dave has no trust to the point of terror. (a Hubbard quote twisted for this comment, long term Scientologists will get the joke). He will at least be getting a very detailed report of the proceedings so he can micromanage them to the nth degree. That's just how he rolls.
Second, the only Hubbard policy that remotely relates to these circus acts are the Committee of Evidence (Comm Ev) rules. Which definitely and explicitly call for a cassette tape recording. I have been under a few Comm Evs. There was always a recording.
Third, the point is to break Valerie. Why do it if you can't use the recordings for a good laugh over a Macallan's and bop with your Assistant?
A judge with some instinct for real justice would probably subpoena Scientology for the records. How else can she rule on the validity of the procedure? But the judges don't want to deal with it, out of sight out of mind. Pardon me while I go in the bathroom to express my true opinion.
It is appeal time and the word 'unconscionable' needs to be properly defined. And appeal it all the way to the Supreme Court if necessary. The hubris of the $cieno lawyers isn't a bug, it is a feature. A feature built in by the Niblet.