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1 it s necessary so that everyone is assured that they got. 2 a fair trial,3 Whereupon the Court resumed reading Instruction. 4 Numbers 6 7 8 and 9 and then the following proceeding. 6 THE COURT Mr Smith the plaintiffs may,8 MR SMITH Your Honor we have just one. 9 quick matter to take up with the Court if that s all. 11 THE COURT Sure,12 MR SMITH Would you like us at the Bench. 13 your Honor,14 THE COURT Yeah,15 Whereupon a discussion was then had off the. 17 THE COURT All right You may open,18 MR SMITH If it pleases the Court Thank.
19 you your Honor,20 Ladies and gentlemen if you ll remember I told. 21 you this morning about the different parts of the case. 22 And I told you that during here we go I ll just wait. 23 for the train to go by,24 Whereupon a pause was taken in the proceeding. 25 MR SMITH I told you during jury selection,MARSHALL MARSHALL REPORTING SERVICE. POLSON MONTANA 406 883 5237, 1 that is not the opportunity for us to talk about the. 2 evidence for you to hear the evidence We are now at. 3 opening statements and the opening statement provides me. 4 with an opportunity to tell you about the evidence that. 5 you will hear and what the evidence will show during the. 6 trial of this case, 7 The evidence in this case will show that this is a.
8 case about a church that knew about a known child. 9 molester When I say that the church knew about a known. 10 child molester the church knew who he was They knew. 11 who his victims were And the evidence will show that. 12 they knew the sick things he did, 13 And what do we all know about child molesters We. 14 know that child molesters prey on children That is. 15 their victims And then if we do not protect children. 16 from people we know to be a child molester children will. 17 get sexually abused,18 You re going to hear in this case about how. 19 Montana law requires clergy members to report child abuse. 20 to the authorities But in this particular case the. 21 church you re going to hear about and their clergy. 22 refused to follow the law And they refused to follow. 23 the law because they favored the secrecy of their church. 24 over the safety of children,25 Now we ve talked a lot about the mandatory. MARSHALL MARSHALL REPORTING SERVICE,POLSON MONTANA 406 883 5237. 1 reporter law and what it is And I want to be clear. 2 The Judge will ultimately instruct you on what the law is. 3 and you will see that at some point in the case You ll. 4 see it come from the Court,5 So I want to put up right now what I expect the.
6 Court will instruct you as to what the law is This is. 7 it indicating what I expect the Court will instruct. 8 you is Montana s mandatory reporter statute And here s. 9 the reason I put this up here I put it up here because. 10 sometimes when we talk about the law and what the law. 11 is we get a little intimidated by it and we think Oh. 12 that s for lawyers But I m putting it up here right. 13 now so that you can get familiar with it and you ll. 14 recognize what this is when the Court instructs you on. 15 the law,16 So let s just walk through it This is what. 17 you ll see It says When the professionals and, 18 officials listed in Subsection 2 and then down here in. 19 Subsection 2 it says professionals and officials. 20 required to report are clergy There are some other. 21 folks who are reporters but for purposes of this trial. 22 you need to look for this when the Court instructs you. 23 that it applies to the clergy,24 It says When those professionals know or have. 25 reasonable cause to suspect as a result of information. MARSHALL MARSHALL REPORTING SERVICE,POLSON MONTANA 406 883 5237. 1 they received in their professional or official capacity. 2 that a child is abused or neglected they shall report. 3 the matter promptly to the Department of Public Health. 4 and Human Services or its local affiliate,5 All right So let s break that down and look at.
6 what the elements are of this lawsuit When you see it. 7 you can look at it and you can say Okay I know what. 8 the elements are that Mr Smith talked about, 9 The first element that that applies to is clergy. 10 And we re going to talk about in this case who are. 11 clergy who meet that legal definition, 12 The next element you want to be familiar with is. 13 when is the law triggered And that s this part where it. 14 says when the professionals know or have reasonable. 15 cause to suspect and it talks about a child being abused. 16 or neglected So it s triggered when a clergy member. 17 knows or suspects child abuse,18 The next element this is the third one There. 19 are three parts to it It says what happens when the law. 20 is triggered And notice I have underlined it It says. 21 They shall report And the reason I underlined that. 22 language is because it s really important because it. 23 doesn t say you might report maybe report it says. 24 you shall report It s mandatory And that s the, 25 reason why this is called the Mandatory Reporter Law It. MARSHALL MARSHALL REPORTING SERVICE,POLSON MONTANA 406 883 5237.
1 requires that the abuse be reported to the Department of. 2 Public Health and Human Services or its local affiliate. 3 And that makes sense We report it to someone who can. 4 take action We report it to someone who can take action. 5 so kids are protected,6 Let s talk specifically about what happened in. 7 this case You now know from hearing about this case. 8 let s put this right here indicating as long as, 9 everybody can see it this case is about the Jehovah s. 10 Witnesses You see the Jehovah s Witnesses knew that a. 11 church member was molesting children Now Neil I. 12 know you re thinking what do you mean when you say that. 13 the evidence is going to show that they knew,14 I want you to listen for these things The. 15 evidence is going to show that the victims reported to. 16 the church and to its clergy They knew because it was. 17 reported I want you to listen to how the church. 18 conducted an investigation and confirmed themselves that. 19 the abuse took place It s the second way they knew. 20 And then the third thing I want you to listen for. 21 as the evidence comes in this case is that the child. 22 molester actually admitted to the church that he was a. 23 child molester and he molested children, 24 And then another thing I want you to pay attention. 25 to is when you hear and you ve heard somebody say. MARSHALL MARSHALL REPORTING SERVICE,POLSON MONTANA 406 883 5237.
1 this is a molester that wasn t part of our,2 organization I want you to listen for this This. 3 known child molester was a member of the Jehovah s. 4 Witnesses church and attended that church with his. 5 victims So listen for that as well, 6 Okay We re going to get into the details of what. 7 happened and I need to just give you a little quick. 8 background about who the Jehovah s Witnesses are We. 9 don t have to cover everything about them just what is. 10 important All right,11 Some of you noticed I have a typo here. 12 indicating First of all the Jehovah s Witnesses are. 13 a worldwide global religion They have 8 5 million. 14 followers worldwide They have 120 000 churches And. 15 the organization is run by people who are called. 16 Elders Real important term You re going to hear a. 17 lot of talk about that And we are going to talk about. 18 who the Elders are and what they do, 19 Here is what is the most important thing you need. 20 to know about Elders Elders are clergy That s the. 21 most important thing you need to know We re going to be. 22 talking about Elders We re going to talk about the law. 23 that applies to clergy And the thing you need to know. 24 is that Elders are clergy,25 Okay Let s shift gears and talk about who are.
MARSHALL MARSHALL REPORTING SERVICE,POLSON MONTANA 406 883 5237. 1 the defendants in this case right You say Hang on. 2 Neil I thought we were talking about the Jehovah s. 3 Witnesses now you ve got some different names up here. 4 Let me explain why this is the case There are three. 5 defendants I m going to walk through who they are and. 6 tell you why they re defendants,7 The first one is Watchtower Bible and Tract. 8 Society of New York Incorporated That is their full. 9 name and it is a mouthful So everybody abbreviates that. 10 they are Watchtower or Watchtower New York So when you. 11 hear that term I want you to know we are talking about. 12 one of the defendants,13 Okay The next one you already heard. 14 Ms DeSoto mention this is a defendant called the. 15 Christian Congregation of Jehovah s Witnesses Another. 16 mouthful and so we abbreviate that as CCJW So when you. 17 hear us talk about CCJW that s another defendant. 18 And the last one is Thompson Falls Congregation. 19 That one is easy so understand That s the local church. 20 here in Thompson Falls the local Jehovah s Witnesses. 22 Okay Your next question is Hey Neil why are, 23 you talking about corporations when this is about the. 24 Jehovah s Witnesses That s a good question You see. 25 the Jehovah s Witnesses are a big organization and they. MARSHALL MARSHALL REPORTING SERVICE,POLSON MONTANA 406 883 5237.
1 have office building headquarters in New York,2 They have the evidence will show they have. 3 dormitories where they house their elders and feed them. 4 and provide for them all their needs They have to be. 5 able to enter into contracts They have to be able to. 6 open bank accounts And to do that they had to set up. 7 these legal corporations And that s their choice. 8 That s how they chose to run their religion through these. 9 corporations And that s why these corporations are. 10 defendants,11 And you re going to hear and I m going to show. 12 you an outline and explain to you how these two. 13 corporations Watchtower and CCJW and I want you to. 14 hear this These two specifically knew about Max Reyes. 15 right here in Thompson Falls what he was doing and who. 16 his victims were These corporations all the way in New. 17 York had the exact details the evidence will show of. 18 what was happening in Thompson Falls who the victims. 19 were And the evidence will show that there were Elders. 20 in these corporations that knew these things Okay. 21 That s who the defendants are, 22 Now I need to just very briefly talk to you about. 23 some important beliefs that the Jehovah s Witnesses have. 24 And remember people can have beliefs but this case is. 25 about the actions they took the decisions they made and. MARSHALL MARSHALL REPORTING SERVICE,POLSON MONTANA 406 883 5237. 1 their failure to follow the law, 2 Two important beliefs you need to know about the.
3 Jehovah s Witnesses The first one you need to know. 4 about is called the two witness rule The two witness. 5 rule is a belief that they have turned into a policy. 6 And it is their belief that their church can take no. 7 action against a member based upon the testimony of one. 8 witness you ve got to have two,9 I m bringing this up to you now because the. 10 evidence is going to show they applied that rule even in. 11 an instance of child sex abuse When one child is coming. 12 forward saying I m a victim please help me the two. 13 witness rule says Sorry you re only one witness. 14 That s why I bring that up So listen for it, 15 The other important belief that you need to know. 16 about is that Elders they keep secrets They keep. 17 secrets even when the information they know about is. 18 about a known child molester,19 So as we go through this case you re going to. 20 hear and I m going to walk you through how this. 21 happened how there is a policy that comes down all the. 22 way to the Elders right here in Thompson Falls and it. 23 says If you know about child abuse the very first. 24 thing you do is you call the legal department That s. 25 the first thing you do And the legal department up in. MARSHALL MARSHALL REPORTING SERVICE,POLSON MONTANA 406 883 5237. 1 New York is going to tell you what to do And if the. 2 legal department tells you you don t have to report it. 3 you better keep it a secret And that is their policy. 4 that Elders keep secrets So listen for that as we go. 5 through it We don t have to get into all of their. 6 beliefs those are the two important ones to know about. 7 Now I want to get into the exact details of the, 8 case So if you have an outline and an understanding as.
9 we go through the witnesses and to do that the first. 10 thing I need to do is tell you who some people are. 11 Don t be overwhelmed by this Don t feel like you have. 12 to memorize it This indicating is the board we re. 13 going to use throughout the trial so you ll always be. 14 able to look back on it and go Oh man I forgot who. 15 Joni is I forgot who Max is You re going to look at. 16 this board and it s going to serve as a reminder. 17 This indicating is a family tree And I m, 18 laying this out so that when we talk about these names. 19 you understand the family structure At the top we ve. 20 got Joni and Peter Senior a married couple There are. 21 three layers so we re going to talk about them as being. 22 the grandparents They had three children Ivy Holly. 23 and Peter Junior That s why they re on the next level. 24 The third level is the grandchildren And that s. 25 where we have Lexi So this is a family unit over here. MARSHALL MARSHALL REPORTING SERVICE,POLSON MONTANA 406 883 5237. 1 indicating the grandparents children and,2 grandchildren. 3 Over here indicating to the side is Max He is, 4 the known child molester Why do I have him to the side. 5 connected with a dotted line Joni and Peter divorced. 6 Joni remarried Max And Max attended the Jehovah s. 7 Witnesses church with his children and grandchildren. 8 Okay So that s the family structure That s some of. 9 the names Don t worry every time we come back to these. 10 folks we re going to put this chart up so that you can. 11 remember who everybody is,12 Here indicating in green are some of the.
13 victims When I say victims it s the people that Max. 14 sexually abused We ve got Holly Max sexually abused. 15 her Jehovah s Witnesses knew about it Max sexually. 16 abused Peter Junior He s not a plaintiff in this case. 17 but he was a victim You ll hear evidence the church. 18 knew Max sexually abused him Then we have Lexi I. 19 introduced you to her today She s sitting over here. 20 indicating She was a victim that Max sexually abused. 21 So that is kind of the background of who we re, 22 talking about And you know what I m going to keep. 23 that one up there so as I walk through this you can. 24 remember who it is,25 All right Now Neil has been saying that the. MARSHALL MARSHALL REPORTING SERVICE,POLSON MONTANA 406 883 5237. 1 church knew that Max Reyes was sexually abusing kids. 2 They knew because twice twice they were notified And. 3 we re going to talk about the two times they were. 4 notified One time they were notified is in 1998 All. 5 right So in your mind put it in those compartments. 6 We re going to talk about the 1998 report We re going. 7 to talk about the 2004 report Those are the two times. 8 As we go through those let me start by talking, 9 first about when and how they learned Max Reyes was a. 10 child abuser in 2004 Start down here at the bottom. 11 This is one of the times they were notified You start. 12 down here at the bottom with Peter, 13 The first thing that happened you re going to hear.
14 evidence that Peter went to the Elders at the Thompson. 15 Falls church and told them I am being sexually abused. 16 I ve been sexually abused by Max Reyes But remember. 17 Jehovah s Witnesses have the two witness rule Peter is. 18 just one guy Peter says You know what Holly, 19 that s his sister over here indicating one of the. 20 plaintiffs in the courtroom Holly can be a second. 21 witness She can back this up,22 And you re going to see this board when I walk. 23 through this with people involved and they re going to. 24 confirm the Thompson Falls Elders after they heard from. 25 Peter they reach out to Holly They placed a phone call. MARSHALL MARSHALL REPORTING SERVICE,POLSON MONTANA 406 883 5237. 1 to Holly And Holly tells them as another person Max. 2 Reyes a member at your church sexually abused me Not. 3 only does she tell them that she puts it in writing. 4 And I think you re going to have a chance during this. 5 trial to see that letter,6 All right So now we have two people that have. 7 notified the Elders in the local church And this is. 8 very very important right here indicating It s over. 9 here in red I want you to pay very close attention to. 10 what happens here And the reason I want you to pay. 11 close attention is you re going to hear a bunch of talk. 12 during this trial from the defendants about, 13 confidentiality And I want you to remember what s in.
14 red right here indicating,15 After Peter and Holly tell the Elders what. 16 happened the Elders go to the child abuser They go to. 17 Max Reyes and they tell him what the kids have said. 18 They alert him They tip him off They shared that. 19 information with him That s really important because. 20 they don t keep the information confidential they go. 21 tell somebody else,22 It s also important because Max admits to the. 23 Elders that he s a child molester Keep in mind why I m. 24 telling you this I m telling you this because we re. 25 talking about a statute that says clergy shall report. MARSHALL MARSHALL REPORTING SERVICE,POLSON MONTANA 406 883 5237. 1 abuse All right So as we go through this listen to. 2 all the times that clergy know about this,3 All right So we ve got Elders at the local. 4 Thompson Falls church that have heard these reports from. 5 two victims Peter and Holly 2004 They have an, 6 admission from Max What did I tell you the very thing.
7 they are taught to do Call the legal department And. 8 that s what they do They place a call to the legal. 9 department, 10 Now when I say legal department I m not talking. 11 about calling a law firm like my firm or a lawyer here in. 12 Thompson for advice They call the in house lawyers at. 13 Watchtower Watchtower is their national organization. 14 It s the people that control the Elders and give them. 15 their instructions tell them what to do and control. 16 whether they have their position It is required that. 17 the Elders do what the legal department says to do. 18 And the evidence you will hear in this case is, 19 that the legal department says You don t have to. 20 report Not only do you not have to report remember. 21 we ve got our secrecy policy So if you don t have to. 22 report you keep it quiet That s what the Elders do. 23 And they then are instructed to document what they know. 24 with their administrative offices over here at the other. 25 defendant CCJW,MARSHALL MARSHALL REPORTING SERVICE.

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