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Enthetan
10th April 2010, 12:05 AM
From CBS4 Denver (http://cbs4denver.com/local/rex.fowler.ciancio.2.1622943.html)



Fowler To Stand Trial For Business Partner Murder

An Adams County judge says a man, accused of shooting a former business partner, will stand trial. The first degree murder trial will begin May 19.

Prosecutors claim Rex Fowler shot himself after shooting Thomas Ciancio on Dec. 30. The prosecution presented four witnesses during Friday's preliminary hearing.

Fowler has been charged with first degree murder. He appeared in court wearing shackles around his wrists and ankles.

An Adams County Sheriff's Deputy testified that Fowler seemed dazed after the shooting.

A detective who responded to the hospital after the shooting said he heard in the emergency room that Fowler had been shot under the chin.

A second detective who took the stand said witnesses heard a series of three gun shots, then a break, then another shot or two. Co-workers said they never heard yelling, only gunshots.

Deputies also testified that Fowler brought his gun to work and wore a suit, something he only did on special occasions. He also tucked a living will inside his pocket.

Another detective testified that witnesses stated both Ciancio and another employee suspected that Fowler had embezzled money, up to $250,000 from the company for his church. Fowler was a practicing Scientologist.

They said Ciancio was so upset that he decided to resign and was going back to work at Fowler Software Design to pick up his final check on the day he was killed.

Deputies testified they found a note formalizing the severance pay and a checkbook with a bullet hole through it beside Ciancio's body.

According to autopsy reports, Ciancio died after being shot three times in the head.

Outethicsofficer
10th April 2010, 12:12 AM
Thanks for the update, the charge of murder should be laid squarely at the feet of the church, how many times did we as members of the church see them try and go after the psych's behind murders and expose them...same rule applies here.

James

Smilla
10th April 2010, 12:13 AM
Another Scn related tradgedy. It's all gone too far

Good twin
10th April 2010, 12:31 AM
God I wish I had written it. He shot the associate then he shot the checkbook and then he shot himself under the chin. What a beautiful scene.

I wish I had written it and I wish it was fiction. Scientology is the Drama Queen of the 20th century that refused to die a natural death. Can somebody please que up a decent Swan Song for this shoulda been obsolete long ago menace to society.

RIP Tom Ciancio. God help you Rex Fowler.

FoTi
10th April 2010, 12:38 AM
This guy must be in some God awful pain for what he's done.

Good twin
10th April 2010, 12:45 AM
This guy must be in some God awful pain for what he's done.

Yes FoTi. I hurt for him. I really do.

Alanzo
10th April 2010, 12:50 AM
A trial where an in-ethics, in-tech, currently-on-lines-and-auditing, every 6 month sec-check, turning-in-his-sessions OT 7 is charged with MURDER!!!

Woo hoo!!!!

This beats Anderson Cooper Week!

Div6
10th April 2010, 01:06 AM
A trial where an in-ethics, in-tech, currently-on-lines-and-auditing, every 6 month sec-check, turning-in-his-sessions OT 7 is charged with MURDER!!!

Woo hoo!!!!

This beats Anderson Cooper Week!

:duh:

And what do you propose to wear for THAT?

GreyWolf
10th April 2010, 01:16 AM
Can somebody please que up a decent Swan Song for this shoulda been obsolete long ago menace to society.



Goodbye yellow-brick road?

Smilla
10th April 2010, 01:19 AM
It's the 'Bridge to Total Freedom' in shackles.

degraded being
10th April 2010, 02:53 AM
A trial where an in-ethics, in-tech, currently-on-lines-and-auditing, every 6 month sec-check, turning-in-his-sessions OT 7 is charged with MURDER!!!

Woo hoo!!!!

This beats Anderson Cooper Week!

And a paid up IAS member and a WISE member
prolly sent some blood soaked rags to Haiti too.
Now that is in poor taste.

Type4_PTS
10th April 2010, 03:20 AM
Can somebody please que up a decent Swan Song for this shoulda been obsolete long ago menace to society.



Hmmmm, not an appropriate swan song, but the music I associate with the CoS:


http://www.youtube.com/watch?v=ZvCI-gNK_y4&feature=fvw

HelluvaHoax!
10th April 2010, 05:06 AM
Make crimes, make more crimes, make other people produce so as to make more crimes.

The Great Zorg
10th April 2010, 05:22 AM
If Rex comes to his senses soon enough he may just try the insanity plea, after all, his is brainwashed! That might just open up a can of worms too large for $cientology to lie away or hide behind their perverse 'ecclesiastical' smoke screen. :confused2:

Imagine the headlines! :yes:

Type4_PTS
10th April 2010, 05:27 AM
If Rex comes to his senses soon enough he may just try the insanity plea, after all, his is brainwashed! That might just open up a can of worms too large for $cientology to lie away or hide behind their perverse 'ecclesiastical' smoke screen. :confused2:

Imagine the headlines! :yes:

Insanity might be his best defense. I'm sure he'd be able to get dozens of expert witness'es to support that. :yes:

Tom of Helatrobus
10th April 2010, 07:47 AM
It is possible that, due to the overwhelming evidence, that Fowler will take a plea deal and there won´t be a trial. That might be the best thing for the church.

I was thinking about this an in occurred to me, in those kooky time track stories, OTs kill people all the time. Maybe that is how Scientologist might rationalize the whole thing.

practice
10th April 2010, 07:47 AM
If Rex comes to his senses soon enough he may just try the insanity plea, after all, his is brainwashed! That might just open up a can of worms too large for $cientology to lie away or hide behind their perverse 'ecclesiastical' smoke screen. :confused2:

Imagine the headlines! :yes:"Rex Fowler's attack on Scientology in his insanity plea just proves that he was an SP all along, sent to infiltrate Scientology. The SP and psyche attacks get stronger all the time, because we are expanding faster than ever! Over 50 new Ideal Orgs were opened in the last two years! Donate today!

PS. seriously guys, make the donations. I only got three donations of ten thousand dollars each last week, that's not gonna cut it."

Pooks
10th April 2010, 11:03 AM
http://i599.photobucket.com/albums/tt79/englishmuse/ScarJo_popcorn.gif

SchwimmelPuckel
10th April 2010, 01:38 PM
Here's a movietitle:
The Day Scientology Fowlered!
Ain't it grand!? - It's like: 'The day of the Trifids!' - Doom and gloom all over the room! - Women vailing and grown men whimpering..

:shithitfan:

Kathy (ImOut)
10th April 2010, 01:43 PM
Thanks for the update, the charge of murder should be laid squarely at the feet of the church, how many times did we as members of the church see them try and go after the psych's behind murders and expose them...same rule applies here.

James

Yep! Anyone that goes on a shooting rampage (kids in school, people in business), they (the CofS) always blame the evil psychs. Now it's time to take some heat CofS - over regging, over sec checking, over restimulating the PC with copious amounts of BS.

I'm happy to see that the witnesses don't seem to be protecting the CofS - must not have been good little ronbots.

Type4_PTS
10th April 2010, 01:44 PM
Here's a movietitle:
The Day Scientology Fowlered!


A street already has been named after Fowler in the Tampa Bay area. It happens to be in one of the high crime areas. :coolwink:

http://www.mapquest.com/maps?city=Tampa&state=FL&address=4202+E+Fowler+Ave

Dulloldfart
10th April 2010, 01:47 PM
Deputies testified they found a note formalizing the severance pay and a checkbook with a bullet hole through it beside Ciancio's body.

That's going to be an interesting story.


Deputies also testified that Fowler brought his gun to work and wore a suit, something he only did on special occasions. He also tucked a living will inside his pocket.

I never really got the pre-meditated aspect of this before. But a living will? He anticipated perhaps being mentally incapacitated but not dead?

Paul

skydog
14th April 2010, 02:13 PM
I have been away for a few days with some family issues and have not had time to keep up on all that has been going on here. Is it true that Fowler has a public defender? If that is true, this could be an even larger bonanza than ever dreamed of.

As most of us know, the public defenders represent indigent clients. Unlike many, I generally have a very high regard for public defenders. They usually have more experience in criminal court than most of the lawyers in the private sector and generally perform admirably in hopeless situations.

Here is the good news-it is twofold:

First, because we know that the legal bills WILL NOT be paid by the church, his attorney's loyalty will not be divided between the duty owed to the client and the wishes of the employer (church). An insanity defense is much more likely.

Second, a little known codicil in the Faber constitution (that is a joke referring to the movie 'Animal House' for my friends in Oz) allows the public defender's office to be compensated in the event a person is not indigent. There is an allegation that over 250 grand was embezzled from the company and given to the church. If so, the division of the public defender may be able to go after the church for any monies received in these circumstances. Hopefully, they will avail themselves of that option.

In another post, that stat pushing whore Alanzo mentioned what a huge bonanza this is. http://forum.exscn.net/showthread.php?t=17382

He hit the nail on the head as this may be the gift that keeps on giving.

Smilla
14th April 2010, 02:16 PM
I have been away for a few days with some family issues and have not had time to keep up on all that has been going on here. Is it true that Fowler has a public defender? If that is true, this could be an even larger bonanza than ever dreamed of.

As most of us know, the public defenders represent indigent clients. Unlike many, I generally have a very high regard for public defenders. They usually have more experience in criminal court than most of the lawyers in the private sector and generally perform admirably in hopeless situations.

Here is the good news-it is twofold:

First, because we know that the legal bills WILL NOT be paid by the church, his attorney's loyalty will not be divided between the duty owed to the client and the wishes of the employer (church). An insanity defense is much more likely.

Second, a little known codicil in the Faber constitution (that is a joke referring to the movie 'Animal House' for my friends in Oz) allows the public defender's office to be compensated in the event a person is not indigent. There is an allegation that over 250 grand was embezzled from the company and given to the church. If so, the division of the public defender may be able to go after the church for any monies received in these circumstances. Hopefully, they will avail themselves of that option.

In another post, that stat pushing whore Alanzo mentioned what a huge bonanza this is. http://forum.exscn.net/showthread.php?t=17382

He hit the nail on the head as this may be the gift that keeps on giving.
That 250 grand would explain a lot. A life is cheap to some.

Div6
14th April 2010, 02:20 PM
I have been away for a few days with some family issues and have not had time to keep up on all that has been going on here. Is it true that Fowler has a public defender? If that is true, this could be an even larger bonanza than ever dreamed of.

As most of us know, the public defenders represent indigent clients. Unlike many, I generally have a very high regard for public defenders. They usually have more experience in criminal court than most of the lawyers in the private sector and generally perform admirably in hopeless situations.

Here is the good news-it is twofold:

First, because we know that the legal bills WILL NOT be paid by the church, his attorney's loyalty will not be divided between the duty owed to the client and the wishes of the employer (church). An insanity defense is much more likely.

Second, a little known codicil in the Faber constitution (that is a joke referring to the movie 'Animal House' for my friends in Oz) allows the public defender's office to be compensated in the event a person is not indigent. There is an allegation that over 250 grand was embezzled from the company and given to the church. If so, the division of the public defender may be able to go after the church for any monies received in these circumstances. Hopefully, they will avail themselves of that option.

In another post, that stat pushing whore Alanzo mentioned what a huge bonanza this is. http://forum.exscn.net/showthread.php?t=17382

He hit the nail on the head as this may be the gift that keeps on giving.
Word on the street is that Fowler had 22 intensives of sec checking last summer before being allowed back on Solo Nots.

If this is true, the public defenders would love to know about it...really help with his "insanity" defense, or even "diminished capacity".

Alanzo
14th April 2010, 02:28 PM
Word on the street is that Fowler had 22 intensives of sec checking last summer before being allowed back on Solo Nots.

If this is true, the public defenders would love to know about it...really help with his "insanity" defense, or even "diminished capacity".

That's 275 hours of forced confessionals.

Any prosecutor, state's attorney, public defender, or judge who has ever studied totalitarian regimes knows what that's all about.

And I hope hope hope that this prosecutor, state's attorney, public defender, or judge has studied totalitarian regimes!!!

Div6
14th April 2010, 02:44 PM
That's 275 hours of forced confessionals.

Any prosecutor, state's attorney, public defender, or judge who has ever studied totalitarian regimes knows what that's all about.

And I hope hope hope that this prosecutor, state's attorney, public defender, or judge has studied totalitarian regimes!!!

That's also about 250K.....the amount that was supposedly wrongfully transferred from the company...

Lurker5
14th April 2010, 02:58 PM
God I wish I had written it. He shot the associate then he shot the checkbook and then he shot himself under the chin. What a beautiful scene.

I wish I had written it and I wish it was fiction. Scientology is the Drama Queen of the 20th century that refused to die a natural death. Can somebody please que up a decent Swan Song for this shoulda been obsolete long ago menace to society.

RIP Tom Ciancio. God help you Rex Fowler.

I am thinking Tom held up his checkbook (if it was his) in an instinctive but useless defense maneuver when Fowler pulled out and pointed the gun at him - OR - if the checkbook is the business ckbk, Fowler used it to hide the gun in order to shoot Tom before he could run/dodge or shout out.

But I like your story idea, for dramatic purposes :lol:

Kookaburra
14th April 2010, 03:00 PM
That's 275 hours of forced confessionals.

Any prosecutor, state's attorney, public defender, or judge who has ever studied totalitarian regimes knows what that's all about.

And I hope hope hope that this prosecutor, state's attorney, public defender, or judge has studied totalitarian regimes!!!

If not, they can learn all about them in the courtroom. :yes:

Enthetan
14th April 2010, 03:46 PM
Yep! Anyone that goes on a shooting rampage (kids in school, people in business), they (the CofS) always blame the evil psychs. Now it's time to take some heat CofS - over regging, over sec checking, over restimulating the PC with copious amounts of BS.

I'm happy to see that the witnesses don't seem to be protecting the CofS - must not have been good little ronbots.

They're going to claim that Fowler was grabbed by psychs after his last visit and PDH'ed to do the murder for the express purpose of making Scn look bad.

It was the strawberries. They will prove it with geometric logic.
http://www.youtube.com/watch?v=3zgeQmzV9kk

Enthetan
14th April 2010, 03:59 PM
I am thinking Tom held up his checkbook (if it was his) in an instinctive but useless defense maneuver when Fowler pulled out and pointed the gun at him - OR - if the checkbook is the business ckbk, Fowler used it to hide the gun in order to shoot Tom before he could run/dodge or shout out.

But I like your story idea, for dramatic purposes :lol:

Tom had no reason to have his checkbook out. He was receiving a check from the business, so it's more likely that it was the business checkbook. Whether Fowler used it as cover for his gun, shooting through it to hit Tom, is something the forensics team will probably talk about in the trial. (If the bullet went through the book and then into Tom, there would probably be paper particles in Tom's wound, especially if hollow-point bullets were used)

Zinjifar
14th April 2010, 05:57 PM
Tom had no reason to have his checkbook out. He was receiving a check from the business, so it's more likely that it was the business checkbook. Whether Fowler used it as cover for his gun, shooting through it to hit Tom, is something the forensics team will probably talk about in the trial. (If the bullet went through the book and then into Tom, there would probably be paper particles in Tom's wound, especially if hollow-point bullets were used)

If he was hiding the gun behind the checkbook to get closer that might qualify him for 'special circumstances'

Zinj

Lurker5
14th April 2010, 06:08 PM
Tom had no reason to have his checkbook out. He was receiving a check from the business, so it's more likely that it was the business checkbook. Whether Fowler used it as cover for his gun, shooting through it to hit Tom, is something the forensics team will probably talk about in the trial. (If the bullet went through the book and then into Tom, there would probably be paper particles in Tom's wound, especially if hollow-point bullets were used)

Wasn't Tom shot 3 times? And Fowler shot himself once. The witnesses heard 3 shots, then a 4th shorlty there after. One of the bullets went through the checkbook. So the checkbook was in front of the gun for one of those 4 shots. It was found next to Tom on the floor. My guess, the shot that went through the checkbook, went through Tom, so 1st shot. OR - Fowler held it under his chin before he shot himself - last shot - paper in his brain ? ? I guess we will find out in trial.

Tom - totally innocent victim here. Very, very sad and depraved. Scn sure fokked over Fowler, and by extension, Tom and his entire family (not to mention Fowler's family and employees, his business clients AND HOPEFULLY EVEN ITSELF - SCN !).

Dulloldfart
14th April 2010, 06:18 PM
Wasn't Tom shot 3 times? And Fowler shot himself once. The witnesses heard 3 shots, then a 4th shorlty there after. One of the bullets went through the checkbook. So the checkbook was in front of the gun for one of those 4 shots. It was found next to Tom on the floor. My guess, the shot that went through the checkbook, went through Tom, so 1st shot. OR - Fowler held it under his chin before he shot himself - last shot - paper in his brain ? ? I guess we will find out in trial.


Yes, I hope we do find out what the deal was with the checkbook. If Tom was shot from behind, while seated, there would seem to be no need for concealment.

Maybe Fowler held the checkbook under his chin because the barrel was hot and he wanted to steady the gun, a hot barrel being also a reason for not having the barrel touching the roof of his mouth. I could well imagine his hand shaking after the murder and he wanting to steady it before shooting himself.

Paul

Enthetan
14th April 2010, 07:02 PM
If he was hiding the gun behind the checkbook to get closer that might qualify him for 'special circumstances'

Zinj

A case could be made for this constituting "laying in wait" for the victim, if he consciously and deliberately used an object to conceal the gun until he could ambush Tom by surprise. That would definitely be 1st degree murder.

thetanic
15th April 2010, 12:12 AM
Word on the street is that Fowler had 22 intensives of sec checking last summer before being allowed back on Solo Nots.

If this is true, the public defenders would love to know about it...really help with his "insanity" defense, or even "diminished capacity".

More to the point, they're specifically not auditing and thus not privileged. So any ill intentions he may have had about Ciancio may be open to discovery since he told a non-privileged party about them.

Ulf K. Maier
15th April 2010, 12:33 AM
More to the point, they're specifically not auditing and thus not privileged. So any ill intentions he may have had about Ciancio may be open to discovery since he told a non-privileged party about them.

It may be arguable; but, for years they've been stamping the PC folder and ethics files: PRIEST PENITENT PRIVILEGED FILE, thus putting the contents (apparently) legally out of reach of most courts, not to mention the person whose name is on the front.

Enthetan
15th April 2010, 12:59 AM
More to the point, they're specifically not auditing and thus not privileged. So any ill intentions he may have had about Ciancio may be open to discovery since he told a non-privileged party about them.

Given the fact that Co$ does not seem to consider regular auditing "privileged" if they decide they don't like you any more, a case could be made that none of the contents of PC folders is privileged.

thetanic
15th April 2010, 01:29 AM
Given the fact that Co$ does not seem to consider regular auditing "privileged" if they decide they don't like you any more, a case could be made that none of the contents of PC folders is privileged.

Harder case to make, though.

AlphOhm
15th April 2010, 01:34 AM
More to the point, they're specifically not auditing and thus not privileged. So any ill intentions he may have had about Ciancio may be open to discovery since he told a non-privileged party about them.

HCO sec checks are non privileged. "Sec-check" for an OT VII could also mean O-W/FPRD type actions which are auditing and supposedly confidential. Oh--and if used on someone who comes in for 6 month check and is actually doing well on the level: out-tech and squirrelly.

Zinjifar
15th April 2010, 01:39 AM
Since there is no 'priest penitent privilege' within Scientology there is also no legal privilege. A RCC 'confestion' is done solely 1 on 1. There are no 'notes'; there is an absolute guaranty of confidentiality.

Scientology's 'Ethics Folders' don't even *pretend* to be confidential, unless they feel like lying, but, even the 'PC Folders' are never confidential, even theoretically, where they're not pass around the Org for yucks or given to OSA for blackmail like they are in reality.

No, it's enough that they're passed on to the Course Supervisor to *completely* demolish any claim to 'confidentaility'. Much like a discussion with a non attorney voids any claim to 'attorney client privilege'.

Zinj

thetanic
15th April 2010, 01:43 AM
HCO sec checks are non privileged. "Sec-check" for an OT VII could also mean O-W/FPRD type actions which are auditing and supposedly confidential. Oh--and if used on someone who comes in for 6 month check and is actually doing well on the level: out-tech and squirrelly.

It's my understanding that the VII sec checks also have accompanying trips to ethics.

FPRD done auditing style doesn't, nor would a confessional done auditing style.

Many people have said they've spent a lot of time on their 6-month checks waiting in ethics.

So therefore I put 2 and 2 together and came up with the fact that they're correlated, but maybe that's not the case.

Can someone here who's done VII relatively recently answer more definitively?

Feral
15th April 2010, 01:52 AM
That's 275 hours of forced confessionals.

Any prosecutor, state's attorney, public defender, or judge who has ever studied totalitarian regimes knows what that's all about.

And I hope hope hope that this prosecutor, state's attorney, public defender, or judge has studied totalitarian regimes!!!

That alone would cost nearly $110K and that's with discounts for multiple intensives purchased at a time.:omg:

Feral
15th April 2010, 02:04 AM
That's also about 250K.....the amount that was supposedly wrongfully transferred from the company...

Sorry Divvy I didn't see this, those ints plus his set ups and OT VI re- re -re tread maybe, but say, plus IAS, Super Power, Freewinds donos, planetary dissem, translations unit etc. that they get you for at FLAG and it's not a stretch to see $250K pulled off of him. It wouldn't matter to a Scientologist WHAT the state of the business was in by the stage Rex got to on this, if he could access the $ he would have.

It isn't hard to see how the reges could have gotten him to give up so much money between sessions. Especially when you consider his ability to WITHOLD was being destroyed by the forced confessionals that went on for weeks.

After too much sec checking it sort of gets hard to withold any thing, add that to the fact that when you've put so much into getting that eligibility chit you become terrified of not getting it. That bloody thing becomes PRICELESS, all a reg has to do is infer that your contribution to their project will facilitate the RTC approval and you're gone, they own your arse.

Alanzo
15th April 2010, 02:10 AM
Sorry Divvy I didn't see this, those ints plus his set ups and OT VI re- re -re tread maybe, but say, plus IAS, Super Power, Freewinds donos, planetary dissem, translations unit etc. that they get you for at FLAG and it's not a stretch to see $250K pulled off of him. It wouldn't matter to a Scientologist WHAT the state of the business was in by the stage Rex got to on this, if he could access the $ he would have.

It isn't hard to see how the reges could have gotten him to give up so much money between sessions. Especially when you consider his ability to WITHOLD was being destroyed by the forced confessionals that went on for weeks.

After too much sec checking it sort of gets hard to withold any thing, add that to the fact that when you've put so much into getting that eligibility chit you become terrified of not getting it. That bloody thing becomes PRICELESS, all a reg has to do is infer that your contribution to their project will facilitate the RTC approval and you're gone, they own your arse.
Wow.

The Invitation.

I think that's the name for my screenplay!

Panda Termint
15th April 2010, 02:12 AM
It's my understanding that the VII sec checks also have accompanying trips to ethics.

FPRD done auditing style doesn't, nor would a confessional done auditing style.

Many people have said they've spent a lot of time on their 6-month checks waiting in ethics.

So therefore I put 2 and 2 together and came up with the fact that they're correlated, but maybe that's not the case.

Can someone here who's done VII relatively recently answer more definitively?
The standard 6 month check is based on FPRD form 10B (Eligibility for OT Levels Form). It may also have many Tailor-made questions (questions tailored to a specific PreOT's history or peccadillos) added to the form. It can be pretty damn long. It is done FPRD-style and the "auditing" is ALWAYS done "I'm not auditing you". INAY is standard for sec-checks done for OT Elig/HCO purposes.

The Sec-checker writes KRs on anything found in the session(s) and includes a copy for the MAA/HCO with the worksheets.
Following the Sec-check (and sometimes during it) the PreOT is sent to Ethics to address whatever turned up in these KRs.

Feral
15th April 2010, 02:16 AM
It's my understanding that the VII sec checks also have accompanying trips to ethics.

FPRD done auditing style doesn't, nor would a confessional done auditing style.

Many people have said they've spent a lot of time on their 6-month checks waiting in ethics.

So therefore I put 2 and 2 together and came up with the fact that they're correlated, but maybe that's not the case.

Can someone here who's done VII relatively recently answer more definitively?

After you do the sec check you are sent to the MAA with a knowledge report. That report has every detail of your sins, but no case data on it.

You sit down in front of the MAA and they read it and ask questions, you then get an ethiics handling based on your KR and the interview.

It can get pretty bizarre, I remember a friend of mine was friends with the senior CS at Flag, she saw him on the street and yelled, "Richard....Richard", some SO members saw this and shot her a disapproving look and she sort of felt embarrassed. Well, it came up on her sec check and the KR simply said, was rude to the senior CS. The MAA, an 18 year old, went to town pulling the string and trying to find out what sort of evil purposes could cause this. She ordered the lady to a great deal more sec checking and wrote the sec check herself. My friend was very distressed until someone put a stop to it all.

I saw her just as she finished OT VIII and oddly this was her story to me, not how great her wins were, how fucking crazy this outness was.

AlphOhm
15th April 2010, 02:23 AM
After you do the sec check you are sent to the MAA with a knowledge report. That report has every detail of your sins, but no case data on it.

You sit down in front of the MAA and they read it and ask questions, you then get an ethiics handling based on your KR and the interview.

It can get pretty bizarre, I remember a friend of mine was friends with the senior CS at Flag, she saw him on the street and yelled, "Richard....Richard", some SO members saw this and shot her a disapproving look and she sort of felt embarrassed. Well, it came up on her sec check and the KR simply said, was rude to the senior CS. The MAA, an 18 year old, went to town pulling the string and trying to find out what sort of evil purposes could cause this. She ordered the lady to a great deal more sec checking and wrote the sec check herself. My friend was very distressed until someone put a stop to it all.

I saw her just as she finished OT VIII and oddly this was her story to me, not how great her wins were, how fucking crazy this outness was.

"What are your crimes?"

Being there and communicating...

WildKat
15th April 2010, 04:22 AM
"Deputies testified they found a note formalizing the severance pay and a checkbook with a bullet hole through it beside Ciancio's body."

I see this checkbook thing as more symbolic. Fowler was probably facing bankruptcy and having to pay Ciancio was the final straw. He probably shot the checkbook to show "my bankbook is shot" , life is hopeless, I might as well take this guy out with me, before I go.

Thrak
15th April 2010, 05:21 AM
"Deputies testified they found a note formalizing the severance pay and a checkbook with a bullet hole through it beside Ciancio's body."

I see this checkbook thing as more symbolic. Fowler was probably facing bankruptcy and having to pay Ciancio was the final straw. He probably shot the checkbook to show "my bankbook is shot" , life is hopeless, I might as well take this guy out with me, before I go.

Kind of says money was the bane of his existence doesn't it? Wonder why that was? One thing for sure he made 2 kills on 2 wrong targets.

From what I read Ciancio was hit in the side of the head which to me means there was a good chance he was reading something at the time like the severance papers and not arguing or threatening. I'm sure he had no idea what was about to happen and I doubt seriously he was confrontational since all he wanted was his check according to friends and his last text message.

And also the shot count from witnesses is rarely reliable. They still aren't sure how many shots were fired at JFK's assassination. The more witnesses the worse it will get.

This is strange territory but what I think people and law enforcement need to realize is that scientology is in possession of, and practices some seriously strong mind control techniques and that through that they have left a wake of destruction. Not sure if that itself is a crime but there must be a way to frame it in some correct legal context. We can only hope Fowler isn't the only one who goes to jail for this.

Truth&Honesty
15th April 2010, 07:25 AM
Kind of says money was the bane of his existence doesn't it? Wonder why that was? One thing for sure he made 2 kills on 2 wrong targets.

From what I read Ciancio was hit in the side of the head which to me means there was a good chance he was reading something at the time like the severance papers and not arguing or threatening. I'm sure he had no idea what was about to happen and I doubt seriously he was confrontational since all he wanted was his check according to friends and his last text message.

And also the shot count from witnesses is rarely reliable. They still aren't sure how many shots were fired at JFK's assassination. The more witnesses the worse it will get.

This is strange territory but what I think people and law enforcement need to realize is that scientology is in possession of, and practices some seriously strong mind control techniques and that through that they have left a wake of destruction. Not sure if that itself is a crime but there must be a way to frame it in some correct legal context. We can only hope Fowler isn't the only one who goes to jail for this.


Fowler's course of action was directly attributable to the cult's pressure on him for more and more money. One of the other employees (who was an OSA Scientologist), told Rex to "take care of the problem (Ciancio) one or two days before the execution. Sounds like an ordered hit to me, and coming from an OSA member....... Yep, the cult is really up to their stinking armpits on this one.

If the defense is smart, they will bring in some ex-OTs to testify what they would have done under similar conditions while being directly "supervised" by the Flag CS. The jury can then see all the different flavors of crazy Scientology produces......

Those pc folders and ethics case files are the key to this case - it ties the management of the cult right in, and anyone aware of all of the facts could have predicted the outcome.

Rest in peace Tom, I hope the family will sue the cult for their complicity and malfeasance in this.

:rose:

T&H

tiptoethrutheminefield
15th April 2010, 07:49 AM
Truth, Fowler made his decision long ago--he wanted to be an ubermensch, part of "the only answer," the one with the Tech, the OT, the big shot. Not an unusual portrait of any gungho cult member, and not unusual at all for a gungho CoS member.

Or, he was deluded and weak, like I was, and lied to by everyone in his life. Either way, he could have gotten out if he'd ever consulted his own heart.

IMO, you don't shoot someone in the head if you don't feel you have some pretty grandiose rights over other people.

skydog
15th April 2010, 06:14 PM
If Fowler raised an insanity defense, it could prove to be the death knell for the church. All of Fowler's records-whether related to the endless sec checks or those deemed 'confessional' will be available for any psych as part of a mental health evaluation.

The church will resist turning over any documents claiming they are protected under the priest/penitent privilege. THE PRIVILEGE BELONGS TO FOWLER, NOT THE CHURCH. They (Scn attorneys) can jump up and down and hold their breath until they are blue in the face but if Fowler waives the privilege, they will be legally obligated to make all those files available. Fowler's lawyers should be able to find out through financial and travel records what files SHOULD be present so the destruction of these records (not that anyone in the church would destroy evidence) will be apparent.

Legally, Fowler is dead in the water. My guess is that (if he doesn't commit suicide) he will cop to the best deal made available by the prosecution. Hopefully, he will realize that his only lifeline (albeit a very tenuous one) is to raise the insanity defense and expose all the craziness of the church. His lawyers might want to remind him that UNDER NO CIRCUMSTANCES will he ever be allowed on the endless bridge to nowhere again. He has nothing to lose at this point by going down the insanity road.

Div6
15th April 2010, 06:20 PM
If Fowler raised an insanity defense, it could prove to be the death knell for the church. All of Fowler's records-whether related to the endless sec checks or those deemed 'confessional' will be available for any psych as part of a mental health evaluation.

The church will resist turning over any documents claiming they are protected under the priest/penitent privilege. THE PRIVILEGE BELONGS TO FOWLER, NOT THE CHURCH. They (Scn attorneys) can jump up and down and hold their breath until they are blue in the face but if Fowler waives the privilege, they will be legally obligated to make all those files available. Fowler's lawyers should be able to find out through financial and travel records what files SHOULD be present so the destruction of these records (not that anyone in the church would destroy evidence) will be apparent.

Legally, Fowler is dead in the water. My guess is that (if he doesn't commit suicide) he will cop to the best deal made available by the prosecution. Hopefully, he will realize that his only lifeline (albeit a very tenuous one) is to raise the insanity defense and expose all the craziness of the church. His lawyers might want to remind him that UNDER NO CIRCUMSTANCES will he ever be allowed on the endless bridge to nowhere again. He has nothing to lose at this point by going down the insanity road.

There is much wisdom in these words....indeed, to recover himself, he is going to have to admit to himself at one point or another that he WAS insane at that point in time......his only other option is to expire as a being.....

Hmmmm......this gives me an idea.


Thanks.

Type4_PTS
15th April 2010, 06:24 PM
Hopefully, he will realize that his only lifeline (albeit a very tenuous one) is to raise the insanity defense and expose all the craziness of the church. His lawyers might want to remind him that UNDER NO CIRCUMSTANCES will he ever be allowed on the endless bridge to nowhere again. He has nothing to lose at this point by going down the insanity road.

I was thinking along these same lines Skydog. But then it occurred to me that if Fowler was acquitted by using the insanity defense he would then be turned over to the Psychs. And I imagine that he might consider that is the worst possible outcome due to his indoctrination, even worse than getting the death penalty. I think the odds of him adopting the insanity defense are very slim, even if it was the strategy most likely keeping him from doing life in prison.

Smilla
15th April 2010, 07:08 PM
Truth, Fowler made his decision long ago--he wanted to be an ubermensch, part of "the only answer," the one with the Tech, the OT, the big shot. Not an unusual portrait of any gungho cult member, and not unusual at all for a gungho CoS member.

Or, he was deluded and weak, like I was, and lied to by everyone in his life. Either way, he could have gotten out if he'd ever consulted his own heart.

IMO, you don't shoot someone in the head if you don't feel you have some pretty grandiose rights over other people.
I imagine that he had his head so totally messed up that he felt sure what he was going to do was the right and 'ethical' thing to do. Was he actually told to do it? I wonder. Probably not, but he might as well have been.

HCOElite
15th April 2010, 07:28 PM
Don't be surprised if a new Scilon LAW arrives on the scene something of the magnitude of Ordering Scilons who own businesses in the field to ONLY hire Scilons. And upon inspection, if you are found to have in your employ a WOG, you will be duly Labeled on Golden Rod as a serious PTS terminal who is barred from any and all services and events. And until a full Confessional program is completed, you will remain a golden rod labeled PTS.

Smilla
15th April 2010, 07:31 PM
Don't be surprised if a new Scilon LAW arrives on the scene something of the magnitude of Ordering Scilons who own businesses in the field to ONLY hire Scilons. And upon inspection, if you are found to have in your employ a WOG, you will be duly Labeled on Golden Rod as a serious PTS terminal who is barred from any and all services and events. And until a full Confessional program is completed, you will remain a golden rod labeled PTS.
Yes. Raw meat wogs are an inferior species, but at the same time are highly toxic to people on the upper OT Levels.

skydog
15th April 2010, 08:43 PM
I was thinking along these same lines Skydog. But then it occurred to me that if Fowler was acquitted by using the insanity defense he would then be turned over to the Psychs. And I imagine that he might consider that is the worst possible outcome due to his indoctrination, even worse than getting the death penalty. I think the odds of him adopting the insanity defense are very slim, even if it was the strategy most likely keeping him from doing life in prison.

I don't think that he will be acquitted if he pleads insanity. There are several different tests that the various states have adopted to define insanity. Generally, it is a legal question not a medical one. I am not sure which definition of insanity Colorado uses but from my limited understanding of the facts he will have difficulty meeting any of the current standards.

My gut feeling is that Fowler was acting under extreme emotional distress not amounting to insanity. If established, this would reduce the degree of the crime and hence the maximum sentence he could receive after conviction. This defense, if asserted, together with what I can only imagine will be overwhelming evidence in support of it, would be a major flap for the church.

In the meantime, I will continue to . . .:drama:

skydog
15th April 2010, 08:45 PM
There is much wisdom in these words....indeed, to recover himself, he is going to have to admit to himself at one point or another that he WAS insane at that point in time......his only other option is to expire as a being.....

Hmmmm......this gives me an idea.


Thanks.

You are welcome Div 6. Keep us posted.:thumbsup:

Div6
15th April 2010, 09:07 PM
I don't think that he will be acquitted if he pleads insanity. There are several different tests that the various states have adopted to define insanity. Generally, it is a legal question not a medical one. I am not sure which definition of insanity Colorado uses but from my limited understanding of the facts he will have difficulty meeting any of the current standards.

My gut feeling is that Fowler was acting under extreme emotional distress not amounting to insanity. If established, this would reduce the degree of the crime and hence the maximum sentence he could receive after conviction. This defense, if asserted, together with what I can only imagine will be overwhelming evidence in support of it, would be a major flap for the church.

In the meantime, I will continue to . . .:drama:

He COULD go the Diminsihed Capacity route (see http://www.legalview.info/Legal-Dictionary/Diminished_capacity/Default.aspx). This could potentially keep him OUT of the psych hands, but allow him to speak to his STATE OF MIND, and the can of worms that would open.

Unfortunately, with a Public Defender, there will not be a vigorously mounted defense. She will do what she can to get a reduced charge, but that is about it.

Type4_PTS
16th April 2010, 01:51 AM
I don't think that he will be acquitted if he pleads insanity. There are several different tests that the various states have adopted to define insanity. Generally, it is a legal question not a medical one. I am not sure which definition of insanity Colorado uses but from my limited understanding of the facts he will have difficulty meeting any of the current standards.

My gut feeling is that Fowler was acting under extreme emotional distress not amounting to insanity. If established, this would reduce the degree of the crime and hence the maximum sentence he could receive after conviction. This defense, if asserted, together with what I can only imagine will be overwhelming evidence in support of it, would be a major flap for the church.

In the meantime, I will continue to . . .:drama:

I DO believe that a great attorney along with the right expert witnesses could obtain an acquittal for Fowler using the Insanity Defense.
The M'Naghten Rule is one that is used in Colorado. Information can be found about that here:
http://criminal.findlaw.com/crimes/more-criminal-topics/insanity-defense/the-mnaghten-rule.html (http://criminal.findlaw.com/crimes/more-criminal-topics/insanity-defense/the-mnaghten-rule.html)

"In 1843, Daniel M'Naghten, an Englishman who was apparently a paranoid schizophrenic under the delusion that he was being persecuted, shot and killed Edward Drummond, Secretary to British Prime minister Sir Robert Peel. M'Naghten believed that Drummond was Peel. To the surprise of the nation, M'Naghten was found not guilty on the grounds that he was insane at the time of his act. The subsequent public outrage convinced the English House of Lords to establish standards for the defense of insanity, the result subsequently referred to as the M'Naghten Rule.
The M'Naghten Rule provides as follows: "Every man is to be presumed to be sane, and ... that to establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of mind, and not to know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing what was wrong."
The test to determine if a defendant can distinguish right from wrong is based on the idea that the defendant must know the difference in order to be convicted of a crime. Determining a defendant's ability to do so may seem straightforward enough, but dilemmas often arise in cases in which the M'Naghten standard is used. For instance, some issues focus on whether a defendant knew that his or her criminal acts were wrong or whether he or she knew that laws exist that prohibit these acts.
Criticism of the M'Naghten test often focuses on the test's concentration on a defendant's cognitive abilities. Questions also crop up about how to treat defendants who know their acts are against the law but who cannot control their impulses to commit them. Similarly, the courts need to determine how to evaluate and assign responsibility for emotional factors and compulsion. Additionally, because of the rule's inflexible cognitive standard, it tends to be difficult for defendants to be found not guilty by reason of insanity. Despite these complications, M'Naghten has survived and is currently the rule in a majority of states with regard to the insanity defense (sometimes combined with the Irresistible Impulse Test (http://www.forum.exscn.net/irresistible-impulse-test.html))."

Additional information Colorado's insanity defense can be found here:

http://articles.directorym.com/Criminal_Defenses_Colorado-r935318-Colorado.html

http://www.westword.com/2001-01-11/news/colorado-s-insanity-cases/

I honestly believe that a convincing argument can be made that Fowler was in fact insane at the time of the act due to his scientology mindfuck IF he thought what he was doing was the greatest good.

But I doubt that Fowler would use this defense even if advised by his attorney that it was his best strategy. In Colorado, if you "win" with the insanity defense, treatment IS mandatory.

EDIT: The "Irresistable Impulse Test" also comes into play in colorado with the insanity defense:
http://criminal.findlaw.com/crimes/more-criminal-topics/insanity-defense/irresistible-impulse-test.html
"In response to criticisms of the M'Naghten Rule, some legal commentators began to suggest expanding the definition of insanity to include more than a cognitive element. Such a test would encompass not only whether defendants know right from wrong but also whether they could control their impulses to commit wrong-doing. The Irresistible Impulse Test was first adopted by the Alabama Supreme Court in the 1887 case of Parsons v. State. The Alabama court stated that even though the defendant could tell right from wrong, he was subject to "the duress of such mental disease [that] he had ... lost the power to choose between right and wrong" and that "his free agency was at the time destroyed," and thus, "the alleged crime was so connected with such mental disease, in the relation of cause and effect, as to have been the product of it solely." In so finding, the court assigned responsibility for the crime to the mental illness despite the defendant's ability to distinguish right from wrong.
The Irresistible Impulse Test gained acceptance in various states as an appendage to the M'Naghten Rule, under which right versus wrong was still considered a vital part of any definition of insanity. In some cases, the Irresistible Impulse Test was considered to be a variation on M'Naghten; in others, it was considered to be a separate test. Though the Irresistible Impulse Test was considered to be an important corrective on M'Naghten's cognitive bias, it still came under some criticism of its own. For example, it seemed to make the definition of insanity too broad, failing to take into account the impossibility of determining which acts were uncontrollable rather than merely uncontrolled, and also making it easier to fake insanity. The test was also criticized for being too narrow; like M'Naghten, the test seemed to exclude all but those totally unable to control their actions. Nevertheless, several states currently use this test along with the M'Naghten Rule to determine insanity, and the American Law Institute in its Model Penal Code definition of insanity adopted a modified version of it."

Enthetan
16th April 2010, 05:38 PM
If Fowler raised an insanity defense, it could prove to be the death knell for the church. All of Fowler's records-whether related to the endless sec checks or those deemed 'confessional' will be available for any psych as part of a mental health evaluation.

The church will resist turning over any documents claiming they are protected under the priest/penitent privilege. THE PRIVILEGE BELONGS TO FOWLER, NOT THE CHURCH. They (Scn attorneys) can jump up and down and hold their breath until they are blue in the face but if Fowler waives the privilege, they will be legally obligated to make all those files available. Fowler's lawyers should be able to find out through financial and travel records what files SHOULD be present so the destruction of these records (not that anyone in the church would destroy evidence) will be apparent.


You make a very crucial point, about the privilege belonging to Fowler.

Ulf K. Maier
16th April 2010, 06:25 PM
If Fowler raised an insanity defense, it could prove to be the death knell for the church. All of Fowler's records-whether related to the endless sec checks or those deemed 'confessional' will be available for any psych as part of a mental health evaluation.

The church will resist turning over any documents claiming they are protected under the priest/penitent privilege. THE PRIVILEGE BELONGS TO FOWLER, NOT THE CHURCH. They (Scn attorneys) can jump up and down and hold their breath until they are blue in the face but if Fowler waives the privilege, they will be legally obligated to make all those files available. Fowler's lawyers should be able to find out through financial and travel records what files SHOULD be present so the destruction of these records (not that anyone in the church would destroy evidence) will be apparent.


Here is the Scientology SPD order regarding files. Sorry if the formatting is a bit off:


S C I E N T O L O G Y P O L I C Y D I R E C T I V E
SCN POLICY DIRECTIVE 118
26 July 1985



All Orgs
All Missions
All Staff
Office of Special Affairs
HCO
Tech
Qual
Security Hats
Legal Hats
Dept 3 Hats
Tech Services Hats



URGENT - IMPORTANT
LABELLING OF TECHNICAL AND ETHICS FILES


NOTE: THIS ISSUE CONTAINS DEFINITIONS AND DATA ON
STATUTES THAT EXIST IN AMERICAN LAW. WHILE THE
"PRIEST/PENITENT PRIVILEGE" (DEFINED BELOW IN THIS
ISSUE) IS FAIRLY UNIVERSAL, THE STATUTES COVERING
IT MAY VARY TO SOME DEGREE FROM STATE TO STATE AS
WELL AS FROM COUNTRY TO COUNTRY. THEREFORE, THE
RESPONSIBLE TERMINALS IN THE LOCAL OFFICE OF SPECIAL
AFFAIRS IN EACH STATE, PROVINCE OR COUNTRY SHOULD
CHECK THIS ISSUE WITH THEIR LAWYERS AND AGAINST THE
LOCAL STATUTES AND LAW ON PRIEST/PENITENT PRIVILEGE,
IS REQUIRED FOR THAT PARTICULAR STATE, PROVINCE OR COUNTRY.

IF SO, SIMILAR DIRECTIVES TO SUPPLEMENT THIS
ISSUE ARE TO BE PREPARED BY LEGAL TERMINALS IN THE
LOCAL OFFICE OF SPECIAL AFFAIRS FOR THE PARTICULAR
AREA, BASED UPON THE EXISTING STATUTES FOR THAT
AREA, AND DISTRIBUTED TO ALL ORGS AND MISSIONS IN
THE AREA.


It is important that the confidentiality of preclear and
pre-OT auditing folders and Ethics folders be maintained.
Therefore, effective at once , both the auditing and
Ethics folders of all preclears and pre-OTs, staff and public,
are to be labelled:

CONFIDENTIAL
CONFESSIONAL
PRIEST/PENITENT PRIVILEGED
FILE

Each individual folder is to be stamp d clearly on the outside
with the above label.
This does not change the designation to be used for marking
pc folders containing upper level technical materials, per HCO PL
8 Aug 1966, OT III - COLOUR FLASH, COLOUR FLASH ADDITION, but is in
addition to such colour flash designation.

The file cabinet drawers or shelves where such folders are
stored (Ethics files in HCO; pc and pre-OT files in Tech) must
be clearly marked with the same label. The only difference in


SPD 118 - 2 -



the drawer or shelf labels is that the word "FILE" is made
plural - i.e., "FILES".

DEFINITION
"Priest/Penitent Privilege" is the privilege between a
parishioner (penitent) and his auditor (priest? . "Priest/Penitent"
is the widely recognized legal term for the privilege that exists
in law which makes the communication between a parishioner
(penitent) and his auditor (priest) inviolate.

Black's Law Dictionary defines it as follows:
"Priest-penitent privilege : In evidence, the recognition
of the seal of confession which bars testimony as to the
contents of a communication from one to his confessor .
Nearly all states provide for this privilege by statute ."


FILES CONTAINING CONFIDENTIAL UPPER LEVEL
TECHNICAL MATERIALS

Files that contain confidential upper level Bulletins, Policy
Letters, advices or course packs are to be clearly stamped:

CONFIDENTIAL
RELIGIOUS TECHNOLOGY
FILE

The file cabinet drawers or shelves where these folders are
secured are to bear the same label, using the plural designation
"FILES".


RUBBER STAMPS

Each org and mission is to have standardized rubber stamps
made with the above designations in bold lettering, to facilitate
and ensure the correct and standard marking of such files.
Effective immediately:
1) the current pc and pre-OT folders of all staff and public,
2) the current Ethics folders of all staff and public,
3) the current folders containing confidential upper level
Bulletins, Policy Letters, advices and course packs,
4) and the filed drawers or shelves where these materials are
kept, are to be labelled per the instructions above.

Projects are to be drawn up and completed to get all back
folders, (both Tech and Ethics) and file cabinets or storage
shelves for these similarly labelled.


ATTEMPTED SEIZURE OF FILES

Should any public individual or governmental agent or agentin-
charge (as in a raid or otherwise) demand or attempt to seize
public or staff pc folders or Ethics files (CONFIDENTIAL PRIEST-
PENITENT PRIVILEGED FILES), or files containing confidential
upper level materials (CONFIDENTIAL RELIGIOUS TECHNOLOGY FILES),


SPD 118 - 3 -



any staff member must ask them to halt and refer to the statute
(for that state) which covers the Priest/Penitent Privilege.

The staff member may also quote or refer to the Priest/Penitent
Privilege as defined in Black's Law Dictionary, the law dictionary
which is most widely used in the United States. (Or, in another
country, the staff member should refer to the statute which applies
to this subject in that country, and the law dictionary which
covers this subject which is used in that country.)

This could cause the agent, agent-in-charge or other
individual demanding or attempting to seize these files to back
off at least until an attorney can be obtained.

Proper labelling of these folders should give the protection
that is provided by law in most states for ensuring the confidentiality
of our confessional and religious technical materials.

Additionally, every staff member, regardless of post, should
be familiar with and able to apply the data contained in this
issue. He/she should also be familiar with the statute covering
this subject in the particular state, province or country in
which his org or mission is located.




SENIOR C/S INTERNATIONAL
Authorized by
AVC INTERNATIONAL
for the ®
CHURCH OF SCIENTOLOGY
INTERNATIONAL


• CSI:AVCI:RM:pm:pl
© 1985 CSI.
All Rights Reserved.




OT and SCIENTOLOGY are trademarks and service marks owned by the Religious Technology Center and is used with its permission.
Printed in U.S.A.

anonyvix
16th April 2010, 07:00 PM
Here is the Scientology SPD order regarding files. Sorry if the formatting is a bit off:


S C I E N T O L O G Y P O L I C Y D I R E C T I V E
SCN POLICY DIRECTIVE 118
26 July 1985

....
It is important that the confidentiality of preclear and
pre-OT auditing folders and Ethics folders be maintained.
Therefore, effective at once , both the auditing and
Ethics folders of all preclears and pre-OTs, staff and public,
are to be labelled:

CONFIDENTIAL
CONFESSIONAL
PRIEST/PENITENT PRIVILEGED
FILE

Each individual folder is to be stamp d clearly on the outside
with the above label.

Hang on, I thought the ethics files were not considered priest penitent privilege by the cult, isn't that why the cult like to get confessions in sec checks so they can with clear conscience tell the authorities? Or are sec check files a different issue?

Type4_PTS
16th April 2010, 07:09 PM
That was a "Scientology Policy Directive" from 1985. Is there any issue from Hubbard addressing this issue?

skydog
16th April 2010, 08:25 PM
DEFINITION
"Priest/Penitent Privilege" is the privilege between a
parishioner (penitent) and his auditor (priest? . "Priest/Penitent"
is the widely recognized legal term for the privilege that exists
in law which makes the communication between a parishioner
(penitent) and his auditor (priest) inviolate.

Black's Law Dictionary defines it as follows:
"Priest-penitent privilege : In evidence, the recognition
of the seal of confession which bars testimony as to the
contents of a communication from one to his confessor .
Nearly all states provide for this privilege by statute ."


FILES CONTAINING CONFIDENTIAL UPPER LEVEL
TECHNICAL MATERIALS

Files that contain confidential upper level Bulletins, Policy
Letters, advices or course packs are to be clearly stamped:

CONFIDENTIAL
RELIGIOUS TECHNOLOGY
FILE

The file cabinet drawers or shelves where these folders are
secured are to bear the same label, using the plural designation
"FILES".



ATTEMPTED SEIZURE OF FILES

Should any public individual or governmental agent or agentin-
charge (as in a raid or otherwise) demand or attempt to seize
public or staff pc folders or Ethics files (CONFIDENTIAL PRIEST-
PENITENT PRIVILEGED FILES), or files containing confidential
upper level materials (CONFIDENTIAL RELIGIOUS TECHNOLOGY FILES),


SPD 118 - 3 -



any staff member must ask them to halt and refer to the statute
(for that state) which covers the Priest/Penitent Privilege.

The staff member may also quote or refer to the Priest/Penitent
Privilege as defined in Black's Law Dictionary, the law dictionary
which is most widely used in the United States. (Or, in another
country, the staff member should refer to the statute which applies
to this subject in that country, and the law dictionary which
covers this subject which is used in that country.)

This could cause the agent, agent-in-charge or other
individual demanding or attempting to seize these files to back
off at least until an attorney can be obtained.

Proper labelling of these folders should give the protection
that is provided by law in most states for ensuring the confidentiality
of our confessional and religious technical materials.

Additionally, every staff member, regardless of post, should
be familiar with and able to apply the data contained in this
issue. He/she should also be familiar with the statute covering
this subject in the particular state, province or country in
which his org or mission is located.
[/CENTER]



SENIOR C/S INTERNATIONAL
Authorized by
AVC INTERNATIONAL
for the ®
CHURCH OF SCIENTOLOGY
INTERNATIONAL


• CSI:AVCI:RM:pm:pl
© 1985 CSI.
All Rights Reserved.




OT and SCIENTOLOGY are trademarks and service marks owned by the Religious Technology Center and is used with its permission.
Printed in U.S.A.

Thanks for posting the policy Ulf.

Clearly, the law generally protects such communications. What that policy fails to recognize is that the privilege belongs to the penitent, not the priest. A duly executed waiver of such privilege by the penitent puts an end to that privilege. As far as the other asserted privilege (confidential church materials) that is on a different footing and, if applicable, would only relate to OT levels.