freethinker
Controversial
You need to watch out for them.I meant "them" as in "the cult".
Now It seems it was my turn to be vague with the term "them"
Arrest Warrant Issued Against Scn Critic
- Thread starter statpush
- Start date
freethinker
Controversial
I beg to differ, the American people are experiencing pain right now. They're a group.
D
Deleted member 51
Guest
It's personal, though, don't you think?
I find it painful that one of the two major political parties put a 77 year old man to run for President who can't even remember who he is running against, or that he is running for President. It's a mockery of the American people and certainly not a leader who wouldn't be walked over by any other country, and yet they will vote for him.
The riots, the dismantling of police, all the fires and destruction ignored by Democratic governors. And still there are plenty of people who will continue to vote for them.
It is painful. It's painful to see the way we've been torn apart as a people. But the pain is personal, even if the issues are not.
freethinker
Controversial
Not sure what you mean there.
D
Deleted member 51
Guest
Pain is experienced in your own heart and mind.
freethinker
Controversial
OK, but a group can experience the same pain unless you are looking at a group as a thing rather than many human beings.
TheSneakster
Well-known member
You've never lied though, have you.
Not to a Judge or a Police Officer, ever.
freethinker
Controversial
How many times have you faced a judge or a police officer, or is a peace officer something different with you?
ISNOINews
Independent Scientology and Nation of Islam news
Update from Tony Ortega:
Scientology continues its ‘Fair Game’ of Gerry Armstrong with court hearing today | The Underground Bunker
* * * * * BEGIN EXCERPT * * * * *
UPDATE: Caroline Letkeman reports that “the hearing concluded a few minutes ago. Judge Chou denied Scientology’s Ex Parte Application for an arrest warrant.”
* * * * * END EXCERPT * * * * *
freethinker
Controversial
Now Gerry has an official paper to bring with him to California.
Xenu Xenu Xenu
Well-known member
Kendrick Moxon looks like a typical Scientology dork. Acts like one too.
Karakorum
千差万別
Is one too.
Always surprised me how there was no apparent reaction coming from him when it came to Stacy's death.
TheSneakster
Well-known member
Well, that's great for Mr. Armstrong, seriously.
I certainly hope this means he can repatriate from Canada without fear of arrest and the California courts are no longer going to serve as David "Darth Midget" Miscavige's barbed whip against him.
ISNOINews
Independent Scientology and Nation of Islam news
I am.going to make the same comment here that I made on Tony's blog regarding this issue.
Not knowing the basis of the court's ruling, my guess right now is that if the COS ever obtained real evidence that Gerry had actually entered California (as opposed to the current anonymous posts to WWP that he would in the future), then the COS would again request an arrest warrant and that request would be granted.
Scientology's ex parte application argued that: (1) Gerry has been repeatedly held in contempt of court; (2) as a result, the court issued a Body Attachment and Warrant for Arrest in 2007; (3) Gerry fled the US to evade arrest; and (4) thereafter the warrant expired.
Most importantly, to my knowledge the multiple court findings that Gerry was in contempt of court are still standing.
Given this history, I don't know why the court wouldn't issue a new arrest warrant if Gerry actually entered California. But like I said, I don't know the basis for thr court's decision to deny the new warrant and there could be something else going on.
I guess my point is that unless there really is "something else going on" (Some sort of statute of limitations that I am not aware of? Laches? Something else?), if Gerry reenters California, he risks the COS making a new application for an arrest warrant, that new application being granted, and him being arrested.
Finally, it is possible that the application was denied on some procedural ground -- e.g., the court ruling that a properly noticed motion was required instead of an ex parte application. If that was the case, the COS could apply again.
ETA: Another idea. In California, judgments for money automatically expire after 10 years if they are not renewed before the 10 year date. Could the COS have possibly screwed that up? If there is no longer an enforceable money judgment against Armstrong, the court have decided that prior orders to enforce the judgment are moot.
Again, could the COS possibly have made that mistake?
Last edited:
D
Deleted member 51
Guest
Great news!
What trivial BS to take up a court's and judge's valuable time. Good for Gerry!
TheSneakster
Well-known member
Well, I'm pretty sure most of the readership knows that Mr. Armstrong and I have been contentious Internet adversaries for many years.
Nevertheless, I reckon he is suffering at D.M.'s hands and that I do not wish upon him. If Gerry would talk to the offended court, maybe he could sort his situation out and remove the figurative bullets from the figurative gun Darth Midget is holding to his head.
D
Deleted member 51
Guest
It lacked evidence of either intent to return to California or intent to violate court orders or to violate an agreement with COS that seems to only be valid in California.
It’s also just plain trivial and old. There are no crimes or violence involved and the court case is ancient. Judges look at a person’s history and if they don’t see crimes or something recent, they tend to throw things out. Even without a statute of limitations (I don’t know if there is one or not), they don’t like Parties dredging up ancient squabbles. I’ve seen judges throw out the old stuff before. At some point, everyone has to move forward.
As far as running away, we don’t know that, we only know COS says that. Gerry lives in Canada so maybe it was too expensive or inconvenient to keep waiting around for the next court date, who knows? Contempt of court isn’t such a big deal when there are no actual crimes involved. To any sane judge, the whole thing must look unbelievably old and trivial for a court to pursue on no real evidence. That’s COS for you - wasting valuable court and judge time on perceived personal offenses. It’s stupid and I’m glad the judge thought so, too.
ISNOINews
Independent Scientology and Nation of Islam news
Well, the court did issue a Body Attachment and Warrant for Arrest in 2007. I guess Gerry could have left California for others reasons, and whole arrest warrant thing was just a coincidence, but I have my doubts.
ISNOINews
Independent Scientology and Nation of Islam news
An update on the Gerry Armstrong case yesterday. I just checked the docket, and one of my possible predictions came true. The court ruled:
* * * * * BEGIN EXCERPT * * * * *
IT IS ORDERED: THE EX PARTE APPLICATION IS DENIED. THE COURT DOES NOT FIND ANY EXIGENCY. PLAINTIFF MAY BRING A PROPERLY FILED NOTICED MOTION
.
* * * * * END EXCERPT * * * * *
As stated, this means that the COS can try again and request an arrest warrant via a properly filed noticed motion. Ex parte applications are generally reserved for emergencies and the Court found there was no emergency or need to rush here.
* * * * * BEGIN EXCERPT * * * * *
IT IS ORDERED: THE EX PARTE APPLICATION IS DENIED. THE COURT DOES NOT FIND ANY EXIGENCY. PLAINTIFF MAY BRING A PROPERLY FILED NOTICED MOTION
.
* * * * * END EXCERPT * * * * *
As stated, this means that the COS can try again and request an arrest warrant via a properly filed noticed motion. Ex parte applications are generally reserved for emergencies and the Court found there was no emergency or need to rush here.
Last edited:
D
Deleted member 51
Guest
Not exactly. It states the reason for denial is the court does not find any exigency - no reasonable threat of physical harm, etc.
Exigency (legal definition):
Exigent circumstances - "circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts."
So COS can't just refile it, they have to show reasonable evidence of intent to physically harm or similar, such as a plot to destroy COS documents. A rumor that a person might possibly visit the US to speak just doesn't cut it.
Similar threads
