This is such a illuminating and thoughtful discussion I really appreciate everyone's questions and insights particularly our lawfags.
There is an important part of the story that is barely mentioned which is Kyle's first stay in CW 15 Aug 2006 to 7 Sep. In May Denise Miscavige became Brennan's auditor. In June he found out Kyle was seeing a psych. IN July he invited Kyle to take a semester off and live with him. It was a deceit. The sole purpose was to handle Kyle because Tom was PTS and could not do auditing with Denise or any training. Very embarrassing for him as a staffer at the West Tampa and Denise as a Scientology celebrity
So Tom and his girlfriend Wendy (a staffer from NY in CW for advanced cult studies and a friend of Denise, who introduced him to Brennan) tried to handle Kyle for three weeks straight attempting to get him to take a personality test. The handling culminated in an argument after which Kyle first learned that he was an SP and Enemy of the Church of Scientology followed by Brennan threatening him with physical violence and terrorizing him.
Kyle resisted all of this as he was to resist attempts to handle him on his last trip to CW. But his heroism and awesomeness has been nearly obliterated by the circus over disqualifying Ken Dandar. We need to recover Kyle from the lies and distortions told about him by Detective Bohling and Brennan and his sisters.
Anon has written Kyle was Schizophrenic and it is very important to kill that lie. Kyle was diagnosed only with mild depression and functioning well on Lexapro. He received a major psychic would he had to deal with from the attempted handling and terrorization of the first visit.
He was not a "deeply troubled young man". He was a young man the age of many anons, who had been brutalized as a direct result of cult demands to handle him. They are entirely responsible for the traumatic stress he endured.
The diagnosis of Kyle as Schizophrenic is a fabrication of Bohling and it is mind-boggling. Marti Scholl was the medical examiner and arrived at the crime scene about 30 minutes after the police arrived. It was her job to determine the cause of death, and she falsely declared Kyle a suicide. She said that she did so because the police told her there was a suicide note, and there was no suicide note.
If she had not officially declared him a suicide then Bohling would have been forced to investigate a suspicious violent death and among other things would have swabbed Brennan's hands for a Gun Shot Residue test to confirm whether or not he pulled the trigger on the weapon that killed Kyle. Bohling blocked even the processing of a GSR for Kyle so there is no evidence that he pulled the trigger on any weapon.
So it is incorrect to say, "Kyle was killed (let alone committed suicide) with his father's .357 Magnum." All you can say is that he was found dead with his father's weapon lying nearby. With no fingerprints there is no evidence of suicide or that the .357 was used. Even more disturbing in Jerry Gentile's KR dated the day after Kyle's death there is no mention of a .357. The weapon is consistently referred to as a Special .8, another popular hand gun with a slightly larger bore.
Bohling instructed Scholl to confirm Kyle's diagnosis with his psych, Dr. Stephen McNamara. She left a msg, but McNamara says in his depo that he never returned the call and never returned the call and never spoke to Scholl or anyone else in CW. He added, that schizophrenics are not even capable of making airline reservations and buying tickets as Kyle did for his journey.
So Bohling lied. And he lied about every report of Kyle condition from people who interacted with him on his trip.
It is important to kill the meme that Kyle experienced suicidal ideation. There is zero evidence of that. Only once is it mentioned and that is by Brennan to Victoria in a conversation a day or two after Kyle's arrival in CW. It was the first Victoria had heard any mention of suicide so he grilled Brennan and admitted he had no evidence Kyle was expressing suicidal ideation.
I think Brennan's assertion that he was afraid to leave Kyle alone is complete bullshit. He was working flogging cult literature at the Florida State Fair for five and a half hours every night Kyle was there and during the day had to take care of his handyman's business.
muldrake wrote I and could not agree more:
My personal belief, and it differs somewhat from the briefs, is that liability lies here because Thomas Brennan and Scientology are responsible for the existence of the injury, that is, the removal of necessary psychiatric medication. Therefore, they were responsible to remove from the premises items like handguns that resulted in the ultimate and fatal injury against Kyle Brennan.
Whether Kyle's death was a suicide or a homicide, as Brennan's lawyer declared to the court, Scientology is completely responsible for his death. They either drove him to suicide or killed him, as horrifying and unthinkable as that is.
If I understand our lawfags correctly the appeals judges will make their decision solely on the basis of matters of law and not of fact. I find this seriously disturbing because of Bohling's investigation and lie-filled report. But apparently it is no concern of the appeals judges that the defendants lied repeatedly under oath.
They and judge Merryday freely quote from Bohling's report and Brennan's account of Kyle last days as if they are completely reliable and their accounts are totally accurate.
In his order for dismissal Merryday wrote:
Assuming that Kyle's father and the other Scientologists are liars Scientology's respnsibility is possible, but this theoretical and remote possibility [sic!!!] is unsupported evidence and reasonable and direct inference from the evidence.
This sentence indicates to me that Merryday did not even bother to read let alone study the depositions which reveal not only Brennan, Miscavige, and Gentile, but Bohling are the grossest of liars.
So there are two questions in my mind:
1. What does an appeals judge like Frank Hull (a woman) do if she bothers to read the depos and discover just how thoroughly they have lied?
2. What recourse to find answers and justice for Kyle does Victoria have if the appeal is denied despite the massive lying evident in the depos themselves?