{"id":1079,"date":"2022-07-28T22:33:43","date_gmt":"2022-07-28T22:33:43","guid":{"rendered":"http:\/\/jwchildabuse.org\/xqllht\/?p=1079"},"modified":"2022-07-28T23:06:24","modified_gmt":"2022-07-28T23:06:24","slug":"2017-fessler-prevails-in-jehovahs-witness-child-abuse-trial-elder-admits-shredding-files","status":"publish","type":"post","link":"https:\/\/jwchildabuse.org\/xqllht\/news\/2017-fessler-prevails-in-jehovahs-witness-child-abuse-trial-elder-admits-shredding-files\/","title":{"rendered":"2017: Fessler Prevails in Jehovah\u2019s Witness Child Abuse Trial, Elder Admits Shredding Files – Part 1"},"content":{"rendered":"

Published February 19th, 2017<\/em><\/p>\n

Trial Summary \u2013 Part One<\/h3>\n
\n

\u201cThe matter with the Jehovah\u2019s Witnesses has been resolved\u201d<\/strong><\/h3>\n<\/blockquote>\n

-Jeffrey Fritz, attorney for abuse victim Stephanie Fessler.<\/p>\n

Using language echoing the public announcements that Stephanie Fessler, now 28, was subjected to as a teenager, Fessler and her legal team have effectively\u00a0turned the tables on Watchtower and issued a \u201cpublic reproof\u201d<\/strong>\u00a0to Jehovah\u2019s Witnesses. Witnesses notoriously reprove and disfellowship members of their faith, even if that member is a child, and has experienced a sexual encounter. Following four days of intense testimony at City Hall in Philadelphia Pennsylvania, Watchtower\u2019s defense strategies collapsed. Despite spending tens of thousands of dollars and nearly 3 years in preparation for this case, by noon on Monday February 13th, Watchtower yielded to the plaintiff, packed up their briefcases, and agreed to an undisclosed settlement.<\/p>\n

A strong message has been sent to the Watchtower organization: You can\u2019t break the law when you learn of an accusation of inappropriate behavior with a minor. It must be reported to the police and child protection authorities.<\/p>\n

Jehovah\u2019s Witness leadership dismiss nearly every opportunity to report suspected abuse. Witness clergy mandate that when \u201cwrongdoing\u201d is discovered, they must immediately convene an internal tribunal of several elders, who are briefed on what happened. If the \u201csin\u201d is serious, they form a Judicial Committee of three elders, then bring the victim before this committee to answer for her involvement. In this case, trial evidence showed that Jehovah\u2019s Witness elders in the Spring Grove PA congregation were aware of a \u201cconsensual\u201d relationship between 49-51 year old Terry Seipp, who attended the Freeland Maryland Congregation, \u00a0and the victim, Stephanie Fessler. For 3 years Seipp played the role of surrogate mother to Fessler, all the while taking sexual advantage of Stephanie, a matter brazenly overlooked by both congregations.<\/p>\n

Or did they overlook it? In 2004, elders were informed that there was inappropriate kissing and touching between Seipp and Fessler, yet they failed to report this under the Pennsylvania mandatory reporting laws which apply to all clergy, or elders who learn of suspected abuse. By 2005, elders had significant evidence of extensive sexual encounters between the victim and her abuser, yet continued to apply their own internal measures \u2013 a decision which forever damaged Stephanie Fessler, preventing her abuser from facing justice and ending the relationship.<\/p>\n

\"Detective<\/a>
Detective Lisa Layden<\/figcaption><\/figure>\n

 <\/p>\n

Detective Lisa Layden of the\u00a0Southwestern Regional Police department in York County PA<\/a>\u00a0testified that any physical contact which might rise to the level of sexual abuse\u00a0must<\/strong>\u00a0<\/em>be reported to the authorities, including Pennsylvania\u2019s\u00a0Childline<\/a>, a well-organized resource for victims and potential victims. But that is not how Jehovah\u2019s Witnesses operate. All matters of \u201csin\u201d are referred to the congregation elders, who then contact the legal department at Watchtower\u2019s Patterson New York complex if\u00a0a case of sexual abuse comes to light.<\/p>\n

 <\/p>\n

Watchtower claims to inform\u00a0congregation elders of individual state child abuse reporting laws, but seldom if ever do elders contact the police and file a report. To say that elders rarely reports such matters is a significant understatement.<\/p>\n

Thomas Jefferson Beffudles Jury<\/h3>\n

 <\/p>\n

On the afternoon of February 7th, 2017, \u00a0plaintiff co-counsel Gregg Zeff called the first witness, Mr. Thomas Jefferson Jr. This was a significant moment in the first day of trial, only the second time in Watchtower\u2019s history that its organization has faced a jury in a child abuse trial.<\/p>\n

And it did not go well.<\/p>\n

From the moment Thomas Jefferson took the stand on behalf of\u00a0Watchtower<\/strong>\u00a0and the\u00a0Christian Congregation of Jehovah\u2019s Witnesses (CCJW),<\/strong>\u00a0there was an air of bedlam, confusion, and frustration. The jury of seven women and three men sat facing Jefferson in disbelief, as he struggled to answer questions \u2013 and the ones he did answer left the entire courtroom scratching their heads. \u00a0Jefferson replied to questions from plaintiff\u2019s attorneys with a defensively arrogant stance, speaking in a slow and deliberate manner, repetitively ending his answers with the word \u201ccounselor.\u201d \u00a0Attorney Gregg Zeff pounded Jefferson with question after question in an attempt to clarify the tangled web of corporations and committees which manage the affairs of Jehovah\u2019s Witnesses.<\/p>\n

Jefferson admitted that he was a member of the CCJW, the US Branch Committee, and the Worldwide Order of Special Full-Time Servants of Jehovah\u2019s Witnesses, but denied any involvement in the Watchtower Bible and Tract Society of New York. When asked for the name of the president of Watchtower New York, he told the court \u201cI don\u2019t recall\u201d despite admitting he was sent to represent CCJW and Watchtower. Jefferson spoke in circles and riddles when asked about leadership of the JW organization, refusing to answer the simple question \u201cWho is in charge?\u201d The day one exchange with Jefferson was so outrageous, Judge Mary C. Collins was seen restraining both anger and laughter at the same time. Mr. Zeff, in a moment of exasperation raised his voice to Jefferson and asked whether there were \u201chuman beings\u201d in charge of this organization.<\/p>\n

Jefferson replied:-\u00a0\u201cAre you serious?\u201d<\/strong><\/em><\/p>\n

\"Attorney<\/a>
Attorney Gregg Zeff<\/figcaption><\/figure>\n

The questioning intensified when Mr. Zeff pressed Jefferson on the source of all of the letters sent to bodies of elders, asking him again whether any \u201chuman beings\u201d actually wrote these letters, and if so-who are these persons. Jefferson once again dodged the question and stated that anonymous persons compose these letters, and that the persons involved may or may not be a part of the Watchtower or CCJW corporations.<\/p>\n

Attorney Zeff, visibly irritated by the intentional obfuscation, asked Jefferson whether the CCJW was responsible for\u00a0ANYTHING<\/em>; Jefferson responded by asking what he meant by \u201cresponsible.\u201d Judge Collins was unable to restrain herself any longer and turned to the witness and demanded that he answer the question. Shaken and nervous, Jefferson told the court that he must take time to pause\u2026and think. Following a lengthy silence, Zeff posed the question once again, to which Jefferson said \u201cI imagine they have to.\u201d<\/p>\n

Before changing his line of questioning, Zeff displayed the signature on an elder\u2019s letter which read \u201cWatchtower Bible and Tract Society,\u201d forcing Jefferson to acknowledge the corporation responsible for the policies enforced by Jehovah\u2019s Witnesses prior to the 2001 creation of the Christian Co<\/p>\n

Attorney Gregg Zeffngregation of Jehovah\u2019s Witnesses. \u00a0Zeff linked multiple Watchtower documents with policies that have restricted Witness elders from reporting child abuse to the proper authorities, making it clear which organization is responsible.<\/p>\n

Moments later, Thomas Jefferson\u00a0unbelievably denied that Watchtower writes anything, stating that they only \u201cpublish\u201d and distribute\u00a0these letters, but have nothing to do with their production. (referring to all letters before 2001)<\/p>\n

Zeff questioned Jefferson on whether elders are sanctioned if they disobey the contents of these letters, which was followed by a song and dance from Jefferson and the indecisive and false statement that elders \u201cmay or may not\u201d be censured for disobedience. \u00a0When Jefferson mentioned that a Governing Body-appointed Circuit Overseer may be involved in disqualifying an elder, Zeff did not miss the opportunity to ask whether the Jehovah\u2019s Witness Governing Body are associated with Watchtower or the Christian Congregation. Jefferson\u2019s response: NO<\/strong><\/em>.<\/p>\n

As if to say \u201cI\u2019m not done scrambling your brains just yet, jury\u201d \u2013 Jefferson responds to the next seemingly simple question posed by Zeff, which was \u2018should clergy report child abuse?\u2019 After an objection from the Watchtower defense team, Jefferson states that he cannot answer the question because Jehovah\u2019s Witness elders are not clergymen. This question set off a debate that lasted for two days. (more on that later)<\/p>\n

Attorney Zeff then followed a line of questioning forcing Jefferson to admit that elders investigate accusations of child abuse using their own judicial process. Jefferson further had to confess that Witness elders have\u00a0no professional training<\/strong><\/em> in counseling, psychology, or other relevant levels of expertise; yet amazingly he insisted that they did receive \u201ctraining.\u201d Zeff followed up by telling Jefferson that elders are in no way qualified to judge the genuineness or seriousness of an allegation of child abuse.<\/p>\n

Jefferson arrogantly replied:\u00a0\u201cincorrect\u201d<\/strong><\/em><\/p>\n

Zeff asked Jefferson whether he had any evidence from Watchtower publications to back that statement up. After a non-answer from junk-testimony Jefferson, Judge Collins stepped in and scolded Jefferson, telling him the question is \u201cperfectly clear\u201d. Zeff pressed the witness hard, asking him for his beliefs on this subject, to which Jefferson replied: \u201cAre my beliefs on trial?\u201d<\/p>\n

Again, Judge Collins rebuked Jefferson adamantly and warned him to refrain from making any such comments, advising him to just answer the question. Unbelievably, Jefferson responds by saying that Watchtower is a corporate entity and does not \u201cbelieve\u201d anything.<\/p>\n

Continuing his salvo of questions, Zeff asks Jefferson if he is aware that professionals exist in the field of child abuse detection and counseling, to which Jefferson reluctantly agrees. He then asks Jefferson if he is aware that the state of Pennsylvania\u00a0wants<\/strong><\/em>\u00a0those professionals involved whenever an accusation of child abuse occurs. Jefferson states that he was\u00a0not<\/strong><\/em>\u00a0aware of this, aside from when Judge Collins stated this to the jury at the outset of this trial. I remember thinking that Jefferson testified that he was in court on behalf of the legal department of Jehovah\u2019s Witnesses, and to defend Watchtower and the CCJW \u2013 yet somehow after years of preparation for this trial, having been prepped by Watchtower\u2019s extensive legal team, he is suddenly unaware that Pennsylvania has a mandatory law requiring the reporting of accusations of child abuse. Clearly the jury was not buying this.<\/p>\n

Attorney Zeff then puts Jefferson on the spot regarding the matter of elders reading all letters from Watchtower; Jefferson stated that reading all letters is not required, but that elders would be expected to read all directions on child abuse from Watchtower prior to beginning an investigation. He was then asked whether elders could be sanctioned or stripped of their positions if they failed to follow Watchtower\u2019s counsel. Reluctantly, Jefferson admitted that this is \u201cpossible.\u201d Zeff followed by asking \u201chas this ever happened?\u201d Jefferson\u2019s reply: \u201cI don\u2019t know.\u201d \u00a0 As anyone with any experience in the Jehovah\u2019s Witness organization knows very well, if an elder fails to follow directions from headquarters, his position as an elder will vanish instantly. Jefferson knows this very well.<\/p>\n

Nearing the end of the first day of trial, Zeff calls Jefferson\u2019s attention to one of the most damaging pieces of evidence in this case, the\u00a0July 1, 1989 letter to elders<\/a><\/span>. This six-page letter was stamped CONFIDENTIAL \u2013\u00a0<\/strong>and Watchtower meant it. This letter was so damaging to the defense, that when it was subpoenaed, Watchtower redacted nearly the entire document, with few exceptions. The plaintiff\u2019s legal team only learned of the full contents of this letter by searching sources outside of Watchtower, and when the contents were revealed, this case was sealed.<\/p>\n

Zeff calls Jefferson\u2019s attention to the purpose of this letter, as stated on page 2:<\/p>\n

\n

\u201cHence, a growing\u00a0number of vindictive or disgruntled ones, as well as opposers, have\u00a0initiated lawsuits to inflict financial penalties on the individual,\u00a0the congregation, or the Society. Many of these lawsuits are the\u00a0result of the misuse of the tongue.\u201d<\/p><\/blockquote>\n<\/blockquote>\n

He rephrased this paragraph by emphatically telling Jefferson that the real meaning is \u201cKeep you mouth shut or you might get sued.\u201d \u00a0Jefferson disagreed, but the damage was\u00a0done. The jury begins to understand the cloak\u00a0of secrecy surrounding Watchtower. Protection of the organization and its assets has increasingly become the motivation behind the Jehovah\u2019s \u00a0Witnesses\u2019 legal strategy, placing corporations ahead of the welfare of its own children. Day one ends in disaster for Watchtower, with final testimony from Jefferson looming on the horizon.<\/p>\n

Day 2 \u2013 The Return of Thomas Jefferson<\/h3>\n

Wednesday morning brought Thomas Jefferson Jr. right back to the witness stand, but not before Spring Grove defense attorney Jud Aaron strongly objected to the presence of Detective Lisa Layden, who was scheduled to testify the next day. Aaron cried \u201cUnfair,\u201d \u00a0claiming that the presence of the detective on day 2 would affect her day 3 testimony. Judge Collins rejected the sequestration order and stated \u201cI\u2019m done with this issue, I\u2019ve ruled on it. It\u2019s a clear issue.\u201d<\/p>\n

Trial resumes with Plaintiff\u2019s attorney Gregg Zeff calling attention again to Exhibit 18B, the July 1, 1989 elder\u2019s letter on confidentiality. Watchtower attorney John Miller immediately objects on \u201cFirst Amendment\u201d grounds but is overruled by the judge. Zeff looks at Miller, then the judge, and says \u201cFirst Amendment your honor?\u201d \u2013 Judge Collins tells Zeff to move on. Zeff grills Jefferson on the meaning behind the letter, the intended secrecy, and confidentiality, and the prevention of lawsuits due to \u201cmisuse of the tongue.\u201d Zeff makes his point, and Jefferson is left offering no concise explanation.<\/p>\n

The subject now changed to the persons in charge of Jehovah\u2019s Witnesses:<\/p>\n

Zeff: \u00a0<\/strong>\u00a0\u00a0 Do you remember when I asked you for the names
\nof the humans?<\/p>\n

Jefferson:<\/strong>\u00a0I do<\/p>\n

Zeff:\u00a0<\/strong>You didn\u2019t give me the name of any, did you,\u00a0sir?<\/p>\n

Jefferson:<\/strong>\u00a0I did not<\/p>\n

Zeff<\/strong>:\u00a0Is the reason you didn\u2019t give me the names of\u00a0any humans is because they\u2019re secret?<\/p>\n

Jefferson:\u00a0<\/strong>No. The answer to that question \u2014<\/p>\n

Zeff:<\/strong>\u00a0That\u2019s all I asked you, sir. \u00a0Is the reason you didn\u2019t give me the
\nnames of any humans is because you wanted to protect\u00a0them from lawsuits?<\/p>\n

Jefferson:<\/strong>\u00a0No<\/p>\n

Zeff then re-introduces Jefferson\u2019s prior testimony on the matter of whether Witness elders are clergymen:<\/p>\n

Zeff:\u00a0<\/strong>Do you remember earlier in the questioning I\u00a0asked you about this statement: Clergy must report\u00a0sexual abuse of children to protect the victim from
\nadditional harm?<\/p>\n

Jefferson:<\/strong>\u00a0I do, counselor.<\/p>\n

Zeff:<\/strong>\u00a0And your answer was you could not agree with\u00a0that?<\/p>\n

Jefferson:<\/strong>\u00a0That\u2019s correct, counselor.<\/p>\n

Zeff:\u00a0<\/strong>And you said you couldn\u2019t agree with that\u00a0because\u00a0elders are not clergy.\u00a0<\/strong>Is that a fair statement?<\/p>\n

Jefferson:<\/strong>\u00a0That\u2019s a correct statement.<\/p>\n

Zeff:\u00a0<\/strong>Okay. What is your definition of clergy?<\/p>\n

Jefferson:<\/strong>\u00a0Clergy meant, as I understand it, are those\u00a0who are recognized, if you will, as the leader of a\u00a0church or an organization and\u00a0that is something that\u00a0elders are not.<\/strong><\/em><\/p>\n

Zeff follows up by displaying Websters dictionary on screen, then says:<\/p>\n

Zeff:<\/strong>\u00a0Can I show you Webster\u2019s Dictionary\u2019s\u00a0definition of elder and see if you agree with that?\u00a0The first definition is a group of\u00a0ordained to perform pastoral or sacerdotal functions\u00a0in a Christian church.\u00a0Is that a reasonable definition of a\u00a0clergy?<\/strong><\/em><\/p>\n

Jefferson:\u00a0<\/strong>I don\u2019t know the answer to that.<\/p>\n

Zeff now proceeds to connect Jehovah\u2019s Witness elders to the clergy using Jefferson\u2019s own words:<\/p>\n

Zeff:\u00a0<\/strong>Can you define for me what an elder is?<\/p>\n

Jefferson:\u00a0<\/strong>Sure. An elder is a man who is appointed by\u00a0means of the Holy Spirit to care for the interests\u00a0of the sheep entrusted to him.\u00a0Those responsibilities are described
\nin various places in the Bible. For example, first\u00a0Peter 5, one and two, where elders are urged to care\u00a0for the interests of the flock entrusted to them.<\/p>\n

Zeff:\u00a0<\/strong>Elders act as shepherds in the local\u00a0congregations?<\/p>\n

Jefferson:<\/strong>\u00a0They do.<\/p>\n

Zeff:<\/strong>\u00a0And provide spiritual education and assistance\u00a0from the Bible to congregants?<\/p>\n

Jefferson:<\/strong>\u00a0They do<\/p>\n

Zeff:<\/strong>\u00a0And they oversee the congregational meetings?<\/p>\n

Jefferson:<\/strong>\u00a0They do<\/p>\n

Zeff:<\/strong>\u00a0And they lead?<\/p>\n

Jefferson:<\/strong>\u00a0They take the lead also.<\/p>\n

Zeff then brings up confession, and forces Jefferson to admit that elders are responsible for listening to confession from members of the congregation.<\/p>\n

Zeff:<\/strong>\u00a0And elders then receive confession of sort?<\/p>\n

Jefferson:\u00a0<\/strong>Elders listen to the confessions of those who\u00a0may have been involved and wronged, yes.<\/p>\n

Zeff now calls up on screen the definition of clergy once again:<\/p>\n

Zeff:\u00a0<\/strong>Looking at that the rule one more time, I\u00a0would just like to know if you have changed your\u00a0answer at all or if you think elders are clergy?<\/p>\n

Jefferson:\u00a0NO<\/strong><\/em><\/p>\n

Zeff digs deeper into the Jehovah\u2019s Witness judicial process, hammering Jefferson with questions about the function of a judicial committee of elders.<\/p>\n

Zeff:<\/strong>\u00a0So wouldn\u2019t your judicial committee,\u00a0your rules, and by you, I\u2019m not even sure who I\u2019m\u00a0talking about. Who is it that tells the elders,\u00a0this is how a judicial committee should operate? Is\u00a0it a governing body?<\/p>\n

Jefferson:<\/strong>\u00a0A group of spiritually qualified men,\u00a0who remain anonymous, are selected to prepare\u00a0material that\u2019s reviewed and approved by the\u00a0governing body. And then after that, it is\u00a0published.<\/p>\n

Zeff:<\/strong>\u00a0So these anonymous men have told the elders\u00a0that when there\u2019s a matter that needs a judicial\u00a0committee, here is how the committee should be set\u00a0up, here is who should be on the committee, and here\u00a0are the types of things you should look for. And
\nonce you\u2019ve done that, here is what you do if wrong\u00a0has been committed.\u00a0Is that a fair summary?<\/p>\n

Jefferson<\/strong>: Not totally.<\/p>\n

Zeff:\u00a0<\/strong>Okay. Didn\u2019t think so.<\/p>\n

Zeff presses the uncooperative \u00a0Jefferson further, asking him to define what the S-77 form is, to which Jefferson replied:<\/p>\n

\n

\u201cS-77 form is a document that\u2019s used to report concisely the events of that judicial hearing.\u201d<\/p><\/blockquote>\n<\/blockquote>\n

It is of interest that his answer was misleading, as the S-77 is the \u201cnotice of disfellowshipping or disassociation\u201d \u00a0\u2013 filled out when the outcome of a judicial hearing is disfellowshipping, or if a person formally disassociates themselves. The form itself states:<\/p>\n

\n

\u201cIt is not necessary to provide a summary of the case. If anything of significance regarding the case needs to be shared\u00a0with the branch office, please do so in a separate letter.\u201d<\/p><\/blockquote>\n<\/blockquote>\n

Jefferson\u2019s testimony was utterly confusing, filled with misleading and inaccurate data; he was placed on the witness stand by Watchtower\u2019s own legal department, yet was self-destructing with every word. The jury appeared confused by his remarks, his demeanor, and his inability to answer simple questions without offering long-winded verbal detours.<\/p>\n

Attorney Zeff now turned his attention back to the July 1989 confidential letter to elders:<\/p>\n

Zeff:\u00a0<\/strong>We\u00a0talked briefly about section D, which was the child\u00a0abuse, many states have child abuse reporting laws.\u00a0When elders receive reports of physical or sexual\u00a0abuse of a child, they should contact the society\u2019s\u00a0legal department immediately. Victims of such abuse\u00a0need to be protected from further danger.\u00a0That\u2019s what it says?<\/p>\n

Jefferson:<\/strong>\u00a0That\u2019s correct, counselor.<\/p>\n

Zeff:\u00a0<\/strong>In this document anywhere does it discuss how\u00a0to protect children?<\/p>\n

Jefferson<\/strong>:\u00a0I\u2019m not aware of any place in the document.<\/p>\n

Zeff:<\/strong>\u00a0But it does tell you to keep as many things\u00a0secret as possible, doesn\u2019t it?<\/p>\n

Jefferson:<\/strong>\u00a0It does urge confidentiality, counselor,\u00a0correct.<\/p>\n

You Can\u2019t Have it Both Ways, Watchtower<\/h3>\n

It is of great interest that the Watchtower organization urges elders to maintain confidentiality, when they legally impale themselves by breaking confidentiality the moment they\u00a0share a confession with other elders. In the Fessler case, there were at least ten elders and others who were informed of the allegations of sexual abuse, not to mention those in Watchtower\u2019s legal and service department who learned of the case from local elders. Watchtower attempted to claim clergy privilege to protect themselves, but this was denied multiple times by the court. Evidence was presented that no confidentiality was maintained whatsoever.<\/p>\n

Explained legally, Watchtower is subject to the legal principle of\u00a0estoppel<\/strong>. This axiom\u00a0bars a person from claiming one position, then intentionally taking the\u00a0opposite position<\/strong><\/em>\u00a0when it suits their legal case. Using Fessler versus Watchtower as an example, the defense adamantly attempted to use clergy privilege from the outset, yet denied in court for two straight days that elders are clergymen.<\/p>\n

In lay terms, this means you can\u2019t have it both ways.<\/p>\n

During further intense questioning of Jefferson, Zeff pointed right back to the July 1989 letter to elders and asked:<\/p>\n

Zeff<\/strong>:\u00a0Let me break the question up for you.\u00a0Wouldn\u2019t you agree with me that an\u00a0elder who has limited knowledge of child abuse laws,\u00a0limited knowledge of criminal law, would have a\u00a0difficult time understanding the difference between\u00a0keeping it secret and going to the police based on\u00a0this document?<\/p>\n

Jefferson:<\/strong>\u00a0If I answer about an elder\u2019s limited\u00a0knowledge, I\u2019d only have to speculate. So I don\u2019t\u00a0know the answer to that question<\/p>\n

Zeff:<\/strong>\u00a0Sir, you\u2019re here on behalf of Watchtower and\u00a0the Christian Congregation to talk about the\u00a0documents and the instructions that you\u2019ve given to\u00a0them.\u00a0Would you agree that that\u2019s confusing?<\/p>\n

Jefferson:<\/strong>\u00a0No, sir.<\/p>\n

Zeff:\u00a0<\/strong>Crystal clear to you?<\/p>\n

Jefferson:<\/strong>\u00a0Quite.<\/p>\n

Zeff:<\/strong>\u00a0And would you agree with me that the legal\u00a0department, when called, should know the law in\u00a0every state?<\/p>\n

Jefferson:<\/strong>\u00a0Again, I can\u2019t speak for the legal department,\u00a0counselor. I don\u2019t work there.<\/p>\n

[Now bear in mind that Jefferson has testified that he is here on behalf of a request from the Watchtower and CCJW legal department, leaving one to wonder how it is possible that\u00a0Jefferson has no clue<\/strong><\/em>\u00a0that the legal department is aware of state laws regarding mandatory reporting]<\/p>\n

Zeff:\u00a0<\/strong>Well, in writing this document, isn\u2019t there an\u00a0assumption by the Watchtower that the legal\u00a0department is going to do the right thing by state\u00a0law?<\/p>\n

Jefferson:<\/strong>\u00a0As for assumption, again, I can\u2019t speculate,\u00a0but what I can say with a fair degree of certainty\u00a0is that when elders follow the instruction in this\u00a0letter or other letters and call the legal\u00a0department, they will receive appropriate legal\u00a0advice.<\/p>\n

Zeff continues his line of questioning regarding the Fessler case, and states that he has no knowledge whatsoever of the two Spring Grove PA elders, Eric Hoffman and Donald Hollingworth, except that they\u00a0may<\/strong><\/em>\u00a0have called Watchtower\u2019s legal department. \u00a0Referring once again to the July 1989 letter to elders, Zeff asks:<\/p>\n

Zeff:<\/strong>\u00a0There\u2019s nothing in that document that says do\u00a0what\u2019s in the best interest of the child, is there?<\/p>\n

Jefferson:<\/strong>\u00a0I don\u2019t believe that statement appears in the\u00a0document, counselor.<\/p>\n

Zeff:<\/strong>\u00a0There\u2019s nothing in the document that says when\u00a0in doubt, protect the child?<\/p>\n

Jefferson:<\/strong>\u00a0That statement doesn\u2019t appear in the document,\u00a0counselor, no.<\/p>\n

Zeff:<\/strong>\u00a0Is there any document that you\u2019re aware of\u00a0that\u2019s given to elders in the United States that\u00a0says elders shouldn\u2019t lose sight of the fact that\u00a0victims urgently need to be protected from further\u00a0abuse and that abusers need to be prevented from\u00a0finding other victims?<\/p>\n

Jefferson:<\/strong>\u00a0Counselor, several documents which you\u2019ve\u00a0shown here have been printed. I can\u2019t point to any\u00a0specific one in response to your question. My\u00a0memory doesn\u2019t bring up one right now.<\/p>\n

Zeff:<\/strong>\u00a0Will you agree there\u2019s no instruction in any\u00a0Watchtower or Christian Congregation document that\u00a0says if there\u2019s an allegation of sexual abuse,\u00a0contact an overseer?<\/p>\n

Jefferson:<\/strong>\u00a0If there\u2019s an allegation of sexual abuse,\u00a0contact the overseer. I\u2019m not aware of that\u00a0specific statement, counselor.<\/p>\n

Zeff then draws Jefferson\u2019s attention to the\u00a0February 15th, 2002\u00a0letter to elders<\/a><\/span>, where child abuse is mentioned, and which also references the July 1, 1989 letter]<\/p>\n

Zeff:<\/strong>\u00a0I want to take you to number four on this\u00a0document. It says: \u201cChild abuse is a crime. Never\u00a0suggest to anyone that they should not report an\u00a0allegation of child abuse to the police or other\u00a0authorities.\u201d So that says, correct me if I\u2019m wrong,\u00a0that elders should never say don\u2019t report it. That\u00a0would be wrong.<\/p>\n

Jefferson:\u00a0<\/strong>That\u2019s correct, counselor.<\/p>\n

Zeff:\u00a0<\/strong>Then it says: If you\u2019re asked, make it clear\u00a0that whether to report the matter to the authorities\u00a0or not is a personal decision for each individual to\u00a0make and that there are no congregational sanctions\u00a0for either decision. \u00a0So it says, if you\u2019re asked there, and\u00a0I presume that these authors chose their words\u00a0carefully\u2026 Do you know why they said if you\u2019re\u00a0asked instead of tell them?<\/p>\n

Jefferson:<\/strong>\u00a0I don\u2019t know why it was\u00a0exactly worded this way, counselor. I was\u00a0not a part of the group that composed the\u00a0letter, so I would only speculate to say why\u00a0they might have worded it that way.<\/p>\n

Zeff:<\/strong>\u00a0So on behalf of Watchtower and Christian\u00a0Congregation, your answer is why they ordered it\u00a0that way is you don\u2019t know because it would be\u00a0speculation?<\/p>\n

Jefferson<\/strong>:\u00a0I don\u2019t know exactly why the author worded it\u00a0that way.<\/p>\n

Zeff continued his questioning, with Jefferson only able to state that Watchtower\u2019s position is \u201cNever tell anyone\u00a0that they can\u2019t\u00a0report it<\/strong>.\u201d and \u201cIf they ask you, by all means, please do\u00a0what you feel is right and report it,\u00a0if you feel\u00a0you should<\/strong>. \u201d Zeff continued:<\/p>\n

Zeff:<\/strong>\u00a0Would you agree with me that this instruction\u00a0does not inform elders that they must, in\u00a0Pennsylvania and Maryland, report suspected child\u00a0abuse?<\/strong><\/p>\n

Jefferson:<\/strong>\u00a0That\u2019s a correct statement, counselor.<\/p>\n

The Anonymous Men<\/h3>\n

Concluding his examination of Watchtower representative Jefferson, attorney Zeff probes Jefferson as to the very source of the judicial rules governing Jehovah\u2019s Witness elders:<\/p>\n

Zeff:<\/strong>\u00a0And the rules that are followed by the elders\u00a0relating to the judicial committee come from whom?<\/p>\n

Jefferson:<\/strong>\u00a0As stated, a group of men, spiritually mature\u00a0men are appointed to prepare this material under the\u00a0direction of the governing body. And after it is\u00a0approved, it is published.<\/p>\n

Zeff:\u00a0<\/strong>And they\u2019re anonymous?<\/p>\n

Jefferson:<\/strong>\u00a0The are.<\/p>\n

Zeff:\u00a0<\/strong>And do you know whether any of these anonymous\u00a0people have any qualifications of any kind to deal\u00a0with issues of child abuse?<\/p>\n

Jefferson:<\/strong>\u00a0If they\u2019re anonymous and I don\u2019t know them,\u00a0then I don\u2019t answer that question<\/p>\n

Zeff:\u00a0<\/strong>I have nothing further,\u00a0thank you, Your Honor.<\/p>\n

Following two days of examination by the plaintiff\u2019s counsel, it was time for the defense to cross-examine Mr. Jefferson.<\/p>\n

Jefferson Cross-Examined<\/h3>\n

First up was Jud Aaron, a non-Jehovah\u2019s Witness attorney representing the Spring Grove Congregation of Jehovah\u2019s Witnesses. \u00a0Mr. Aaron began his questioning by referring to the state mandate for clergy to report suspected child abuse:<\/p>\n

Aaron:<\/strong>\u00a0\u201cClergy must report sexual abuse of\u00a0children to protect the victim from additional harm.\u00a0And yet there was some questions about\u00a0it.\u201d If I were to substitute the word clergy, remove\u00a0the word clergy and put Jehovah\u2019s Witnesses elders,\u00a0let me read it. \u201cJehovah\u2019s Witnesses elders must report\u00a0sexual abuse of children to protect the victim from\u00a0additional harm.\u201d\u00a0Would you agree with that?<\/p>\n

Jefferson:<\/strong>\u00a0I do\u00a0in certain areas of municipalities<\/strong><\/em>\u00a0and so\u00a0forth, yes.<\/p>\n

This brief and bizarre exchange echoed the earlier line of questioning in which Jefferson refused to acknowledge that Jehovah\u2019s Witness elders are clergy, which in his mind exempted him entirely from answering these questions. Incredibly, when Aaron substituted \u201cJehovah\u2019s Witness elders\u201d for \u201cclergy,\u201d Jefferson still suggested that elders only have the obligation to report \u201cin certain municipalities.\u201d<\/p>\n

By now, most readers will have thrown a brick through their computer monitor, or discarded their smartphone in the nearest lake when reading the lengths to which the Jehovah\u2019s Witness organization will go to protect their own interests, instead of those of the victims of abuse. \u00a0Their destructive doctrines are stuck like barnacles on a sinking ship, and Watchtower has no desire to scrape free the decades-old requirements which have ruined the lives of thousands.<\/p>\n

As Aaron continued his examination of Jefferson, he restated the policy whereby elders were required to contact Watchtower\u2019s legal department in cases involving suspected abuse. However, this line of reasoning was ineffective since it was clear that Jefferson was defending an organization which fails to report abuse as a practice unless<\/strong><\/em>\u00a0they would receive sanctions and penalty for not reporting the matter in certain \u201cmunicipalities.\u201d<\/p>\n

Mr. Aaron further attempted to minimize the child abuse issue when he questioned Jefferson on his experience in handling child abuse cases:<\/p>\n

Aaron:\u00a0<\/strong>And in the 35 years that you\u2019ve\u00a0sat on judicial committees, about seven
\ncongregations of Jehovah\u2019s Witnesses, have you sat\u00a0on one that involved allegations of child sexual\u00a0abuse?<\/p>\n

Jefferson:<\/strong>\u00a0No.<\/p>\n

As an added \u201cstrategy\u201d, defense attorney Aaron went so far as to imply that since there were only five lines (dealing with child abuse) \u00a0out of six pages in the July 1 1989 Letter to elders, \u00a0the relevance of this letter was minimal and that it was not intended to protect child abusers. Aaron then asked Jefferson to testify about the nature of the multitude of Watchtower and Awake! articles on a variety of subjects, including child abuse.<\/p>\n

Aaron:<\/strong>\u00a0Let me ask you something, Mr. Jefferson, why\u00a0do these publications, the Jehovah\u2019s Witness\u00a0publication, Watchtower magazine, Awake magazine,\u00a0why do they address repeatedly the issue of child\u00a0abuse, sexual abuse, physical abuse, that type of
\nthing you just referred to?<\/p>\n

Jefferson:<\/strong>\u00a0Because in society in general, many, many\u00a0people are adversely affected by the crime of child\u00a0abuse and it\u2019s the desire of the organization that\u00a0I\u2019m a part of to do everything possible to make\u00a0people aware of this horrible, heinous crime and\u00a0to<\/strong><\/em>
\ndo everything possible to help victims first of\u00a0child abuse<\/strong><\/em>\u00a0and to assist them and assist their\u00a0parents to shoulder their responsibility to protect\u00a0their children. And that\u2019s why the articles are\u00a0published.<\/p>\n

As any victim of child abuse in the Jehovah\u2019s Witness organization will tell you, the organization and the elders obstruct justice in every possible way. The failure to report \u00a0abuse to police and other civil authorities is fast becoming one of the most insidious crimes in the past 50 years. It was clear that the jury was not buying into Watchtower\u2019s statement that they \u201cabhor\u201d child abuse. It is a\u00a0weak and meaningless defense, when the facts show that the very authorities who are qualified to help children are almost never contacted.<\/p>\n

Enter John Miller, for Watchtower<\/h3>\n

In his first appearance in this trial, Mr. John Miller, attorney for Watchtower New York, and a devout Jehovah\u2019s Witness, stepped up to question Mr. Jefferson on behalf of the defense. Miller opens by acknowledging that he and Mr. Jefferson are old friends, for at least 20 years.<\/p>\n

One of the more interesting contradictions in testimony came when Mr. Jefferson, under examination from Miller, suddenly acknowledged that both he\u00a0and<\/strong><\/em>\u00a0Watchtower\u2019s legal department are very familiar with differences in state laws on mandatory child abuse reporting. Note the exchange:<\/p>\n

Miller:\u00a0<\/strong>You testified that the laws of the states\u00a0vary; is that true?<\/p>\n

Jefferson:\u00a0<\/strong>That\u2019s true.<\/p>\n

Miller:<\/strong>\u00a0And have you worked with lawyers in the\u00a0branch\u2019s legal department to render advice to elders\u00a0who call about the laws of their particular state?<\/p>\n

Jefferson:\u00a0<\/strong>I have.<\/p>\n

Miller:\u00a0<\/strong>And is it in your working with those lawyers\u00a0that you have become familiar with differences of\u00a0laws of different states?<\/p>\n

Jefferson:<\/strong>\u00a0I have.<\/p>\n

Thomas Jefferson had just testified when questioned by the plaintiff\u2019s attorney Gregg Zeff that\u00a0he was unaware of Watchtower\u2019s knowledge of state laws<\/strong><\/em>\u00a0for reporting abuse. Note his\u00a0earlier testimony:<\/p>\n

Zeff:<\/strong>\u00a0And would you agree with me that the legal\u00a0department, when called, should know the law in\u00a0every state?<\/p>\n

Jefferson:<\/strong>\u00a0Again, I can\u2019t speak for the legal department,\u00a0counselor. I don\u2019t work there.<\/p><\/blockquote>\n

Incredibly, Jefferson changed his testimony, suddenly becoming aware of state mandatory reporting laws.<\/p>\n

Jefferson was lying to the court<\/p>\n

Further evidence of defensive backpedaling came when John Miller, for Watchtower, referred to questions posed by Mr. Zeff the day before, when Jefferson was embarrassed by not being able to recall even the name of the President of the Watchtower Bible and Tract Society of New York. In an attempt to salvage Jefferson\u2019s reputation, Miller asked:<\/p>\n

Miller:<\/strong>\u00a0You were asked if you could name some of the\u00a0people in Watchtower Bible and Tract Society of New\u00a0York, Incorporated and you were unable to do so.\u00a0Are you a member on the executive\u00a0board of that corporation?<\/p>\n

Jefferson:<\/strong>\u00a0I am not.<\/p>\n

Miller:<\/strong>\u00a0Are you a member or on the executive board of\u00a0the corporation Christian Congregation of Jehovah\u2019s\u00a0Witnesses?<\/p>\n

Jefferson:<\/strong>\u00a0I am.<\/p>\n

Miller:<\/strong>\u00a0Can you name any of the people with that\u00a0organization?<\/p>\n

Jefferson:<\/strong>\u00a0I can.<\/p>\n

Miller:<\/strong>\u00a0Go ahead. Name some.<\/p>\n

Jefferson:\u00a0<\/strong>The president, Allen Shuster; vice president,\u00a0Anthony Griffin; secretary\/treasurer, William\u00a0Nonkes.<\/p>\n

Miller:\u00a0<\/strong>What is your role?<\/p>\n

Jefferson:\u00a0<\/strong>Assistant secretary\/treasurer, I believe.<\/p>\n

He believes? Jefferson seemed very unsure of his position within the CCJW organization \u2013 but his testimony continued to disintegrate as Watchtower attorney Miller then asked him to name Members of the United States Branch Committee.<\/p>\n

Miller:<\/strong>\u00a0Can you name a few of them for us?<\/p>\n

Jefferson:<\/strong>\u00a0Allen Shuster, Anthony Griffin, just to name\u00a0two.<\/p>\n

Miller:\u00a0<\/strong>Was Leon Weaver a member of that branch\u00a0committee?<\/p>\n

Jefferson:<\/strong>\u00a0He is.<\/p>\n

Miller:<\/strong>\u00a0So are the names of those persons who serve in\u00a0the U.S. Branch kept secret anywhere?<\/p>\n

Jefferson:<\/strong>\u00a0Not at all.<\/p>\n

Miller:<\/strong>\u00a0Aren\u2019t they published on the website?<\/p>\n

Jefferson:\u00a0<\/strong>That could very well be.<\/p>\n

Miller:\u00a0<\/strong>Have you seen them published in some of\u00a0magazines that are sent to the public?<\/p>\n

Jefferson:<\/strong>\u00a0Yes, they are. The president is published\u00a0every month in the Watchtower and Awake.<\/p>\n

Miller<\/strong>:\u00a0So there\u2019s no secret about who is there?<\/p>\n

Jefferson:<\/strong>\u00a0No.<\/p>\n

As a note to our readers, the questioning by Miller and responses of Jefferson reveal that they themselves are not fully aware of who manages and operates Watchtower, CCJW, and the United States Branch Committee. Not only was Jefferson unsure of his own position in CCJW, but his statement \u201cThe president is published\u00a0every month in the Watchtower and Awake\u201d \u00a0was false, as he was discussing the US Branch Committee and not the Watchtower Society.<\/strong>\u00a0A simple check of the inside cover of current Watchtower and Awake magazines reveals that it is the Watchtower president who is listed inside this cover, and not any of the US Branch Committee members.<\/p>\n

Jefferson Says: No Responsibility to Protect the Community<\/h3>\n

After testifying once again that elders are not clergymen, the defense yielded to Mr Gregg Zeff for a re-cross examination of Mr. Jefferson. Zeff asked Jefferson whether the elders have a responsibility to protect the community from predators:<\/p>\n

Jefferson:<\/strong>\u00a0Well, the elders have responsibility of\u00a0protecting children, yes, and all the flock.<\/p>\n

Zeff:<\/strong>\u00a0And the\u00a0entire community<\/strong><\/em>\u00a0from predators, not\u00a0just the flock?<\/p>\n

Jefferson:\u00a0<\/strong>What do you mean by entire community?<\/p>\n

Zeff:\u00a0<\/strong>Well, doesn\u2019t an elder have a responsibility\u00a0if they know there\u2019s a sexual predator in their\u00a0midst<\/strong><\/em>\u00a0to let the entire community, the State of\u00a0Pennsylvania, the people of Philadelphia, know that\u00a0there\u2019s a sexual predator in their midst?<\/p>\n

[Watchtower attorney Miller objects to this question. Objection overruled]<\/p>\n

Jefferson:<\/strong>\u00a0NO.<\/p>\n

In one of the most insidious and outrageous statements of the trial, Thomas Jefferson admitted what so many victims of child abuse already know \u2013 that Jehovah\u2019s Witnesses have no regard for the community at large, and their failure to report suspected child abuse places the entire community at risk by failing to report a predator.<\/p>\n

While Witnesses are an insular community, the harboring or non-reporting of a sexual predator permits such an individual to roam free, unobstructed and undetected by unsuspecting\u00a0parents and children. Most \u201cworldly\u201d or non-Jehovah\u2019s Witness \u00a0persons are unaware that a religious organization resides in their midst, completely insensitive to the protection of their family. Not only have tens of thousands of Jehovah\u2019s Witness children suffered, but evidence shows that scores of sexual assaults have occurred throughout the global community because the offender was not reported to the authorities. This affects everyone, regardless of religious affiliation.<\/p>\n

Thomas Jefferson single-handedly embarrassed the entire Watchtower organization, destroying his own credibility and that of the religion he represents. But this was a good thing. This was not a closed-door, behind the scenes, cloaked meeting, but an open, civil trial which will \u00a0forever be a part of the public record. \u00a0It is an insight into the inner workings of Jehovah\u2019s Witnesses, who are largely ignorant of the issues related to child abuse, and the tactics employed by their elders, their Governing Body, and the legal team which defends the absurd.<\/p>\n

Please stay tuned for further reports on the testimony in this case, including that of two elders, the abuser of Stephanie Fessler, and the detective who ended any chance of Watchtower winning this case.<\/p>\n

 <\/p>\n

\n

 <\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Published February 19th, 2017 Trial Summary \u2013 Part One \u201cThe matter with the Jehovah\u2019s Witnesses has been resolved\u201d -Jeffrey Fritz, attorney for abuse victim Stephanie Fessler. Using language echoing the public announcements that Stephanie Fessler, now 28, was subjected to as a teenager, Fessler and her legal team have effectively\u00a0turned the tables on Watchtower and […]<\/p>\n","protected":false},"author":1,"featured_media":1080,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[4,1],"tags":[64,62,63],"class_list":["post-1079","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-courts","category-news","tag-child-abuse-jehovahs-witnesses","tag-fessler-v-watchtower","tag-stephanie-fessler"],"acf":[],"_links":{"self":[{"href":"https:\/\/jwchildabuse.org\/xqllht\/wp-json\/wp\/v2\/posts\/1079","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/jwchildabuse.org\/xqllht\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/jwchildabuse.org\/xqllht\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/jwchildabuse.org\/xqllht\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/jwchildabuse.org\/xqllht\/wp-json\/wp\/v2\/comments?post=1079"}],"version-history":[{"count":12,"href":"https:\/\/jwchildabuse.org\/xqllht\/wp-json\/wp\/v2\/posts\/1079\/revisions"}],"predecessor-version":[{"id":1102,"href":"https:\/\/jwchildabuse.org\/xqllht\/wp-json\/wp\/v2\/posts\/1079\/revisions\/1102"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/jwchildabuse.org\/xqllht\/wp-json\/wp\/v2\/media\/1080"}],"wp:attachment":[{"href":"https:\/\/jwchildabuse.org\/xqllht\/wp-json\/wp\/v2\/media?parent=1079"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/jwchildabuse.org\/xqllht\/wp-json\/wp\/v2\/categories?post=1079"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/jwchildabuse.org\/xqllht\/wp-json\/wp\/v2\/tags?post=1079"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}