Wow, the California state supreme court really has its hands full right now with important decisions to make that involve Scientology and Scientologists.
Previously, we told you about Scientology’s petition to the court, asking that it grant review of a stunning decision by an appeals court that restored a lawsuit filed by Danny Masterson’s accusers against the That ’70s Show actor and the Church of Scientology.
The plaintiffs in that lawsuit — Chrissie Carnell-Bixler, her husband rocker Cedric Bixler-Zavala, Bobette Riales, and two women going by Jane Doe 1 and Jane Doe 2 — have asked the court to formally publish the appellate decision, which reversed a lower court ruling derailing their lawsuit in favor of Scientology’s “religious arbitration.”
Scientology is against the Bixler appellate ruling being published, and has also petitioned the state supreme court for review of that ruling.
And now the state supreme court has another matter before it at the same time: Danny Masterson is petitioning for review of a ruling that denied his most recent motion to dismiss the rape case that has him facing 45 years to life in prison.
On February 8, Masterson’s motion to dismiss was heard in the courtroom of Los Angeles Superior Court Judge Ronald S. Coen, asking him to find that Judge Charlaine Olmedo erred last May when she found there was enough evidence in the testimony of Masterson’s three accusers (who are the same women suing him, except for Riales) to justify having a trial. Judge Olmedo has scheduled the trial for August 29, and it’s expected to take about four weeks.
Despite Scientology’s own bizarre attempt to intervene in that hearing, Judge Coen found that Judge Olmedo’s ruling was proper, and he denied Masterson’s motion. The media reported this as Masterson’s last legal attempt to avoid the criminal trial.
But in fact he then petitioned the state’s 2nd Appellate Division, the same appeals division that produced the stunning January ruling in the civil lawsuit, asking it to review Coen’s denial of his motion to dismiss.
Three justices from the 2nd Appellate Division (and none of the three who provided the ruling in the civil lawsuit), answered Masterson’s petition with a curt response on March 14:
“The court has read and considered the petition for a writ of mandate filed on February 22, 2022. The petition is denied.”
So then Masterson’s attorney Philip Cohen petitioned the state supreme court.
In almost the same exact language that Scientology’s attorneys used in their “amicus curiae brief” to Judge Coen, Masterson’s attorneys are bellyaching to the state supreme court about Judge Olmedo’s ruling. They complain that she based her decision to schedule a criminal trial in part on her own reading of Scientology’s ethics manual, which tells Scientologists not to turn each other in to “civil authorities,” exactly what the alleged vicims had said prevented them from coming soon earlier.
[Judge Olmedo] read and interpreted the scripture and concluded that Scientology flatly prohibits one Scientologist from reporting another to the police. Based on her own reading and religious determination, the magistrate concluded that Scientology doctrine absolutely bars practicing Scientologists from reporting crimes to the police, and therefore provided a sufficient explanation for three critical categories of impeachment: long delays in reporting the allegations, inconsistent statements, and conduct after the alleged crimes. The magistrate then expressly relied upon this conclusion to hold Petitioner to answer.
In other words, the magistrate decided that Scientology doctrine – as determined by the magistrate herself – provided a sufficient basis to disregard facts that otherwise would have raised serious doubts about the sufficiency of evidence. Because there was no corroborating evidence and the case rested entirely on the reliability of the Jane Does, the magistrate’s holding order effectively hinged on her conclusions about what moral and ethical behavior the Church’s doctrine requires of its members.
(Emphasis in the original.)
What really angers Scientology (as seen in the church’s attempt to intervene in Judge Coen’s hearing) and is echoed by Masterson’s own attorneys in this petition, are these words from Judge Olmedo at the end of the four-day preliminary hearing:
“These exhibits indicate that the written doctrine of Scientology not only discourages but prohibits one Scientologist from reporting another Scientologist in good standing to outside law enforcement.” And, “This expressly written doctrine sufficiently explains to this court the hesitancy and lateness in reporting the crimes charged to law enforcement and also explains the inconsistencies in the witnesses’ testimony and the actions taken subsequent to the events that comprise the charges.”
While to an outside observer it might appear that Judge Olmedo was making a simple factual and legal observation, that the women said they were terrified of Scientology’s retaliation if they came forward, that they had been told as parishioners that it was against policy to turn in a fellow Scientologist, and in fact that the published policies of Scientology echo that proscription, Masterson’s attorney argues that Judge Olmedo stepped on the actor’s constitutional religious rights by “interpreting” on her own what is meant in Scientology’s religious policies.
“Review is necessary because no case (at least none that Petitioner is aware of) has considered the constitutionality of a court resolving matters of religious faith and doctrine to resolve witness credibility and weigh evidence in a criminal case,” Masterson’s attorney Cohen writes.
An important thing to keep in mind is that this is a petition only, not an appeal, and the state supreme court is not obliged to consider it at all. It might, like the 2nd Appellate Division, deny it with a single line.
And remember, this is the same state supreme court that surprised us all last summer by agreeing to intervene in the civil case and grant review when the lawsuit, at that point, was completely dead in the water. It would be surprising for this court to reverse that tack and grant review to Scientology or to Masterson at this point, wouldn’t it? (Legal experts have pointed out to us that Masterson’s team is aware of what a longshot this is, and this may in fact be a dry run for his post-conviction appeals, if he’s found guilty at trial.)
So now, we wait.
Three things we’re waiting for from California’s highest court:
1. Will they grant Scientology’s petition for review of the appellate decision in the Bixler civil lawsuit.
2. Will they instead publish the Bixler ruling as the law of the state, dealing a crushing blow to Scientology’s ability to harass former members.
3. Will they grant Danny Masterson review of his motion to dismiss his rape case on the basis of his religious rights supposedly being trampled by Judge Charlaine Olmedo.
The other news media organizations haven’t mentioned that any of this is happening, but we’re doing our best to keep you on top of it.
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Bonus items from our tipsters
The action in Michigan is picking up.
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Sign up for a daily email when we post a new story on Scientology.
Did you know you can get an email every morning when we post our daily Scientology story? We know some of the folks who come to the Underground Bunker aren’t here to talk about the politics of the day, and that’s why we created a daily politics feature over at our other blog, The Lowdown, and we ask readers to take their political discussions over there. And if you drop us a line at tonyo94 AT gmail, we’ll put you on the list so you get a morning reminder that a new Scientology story has been posted — and only for our Scientology stories.
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“The whole US civil defense system is based on the idea that there is a thing called the government which is composed of people (which already is silly) and they’re going to take over the country at the moment of an attack, see? They aren’t there now. They’re not part of the people, and they’re not human, you see? And they’re parked up someplace in Canada along the DEW line or down in Mexico or out on some island, and they don’t exist there now. And at the moment of an attack, nobody is supposed to do anything but be taken over by the government. That’s what you’re supposed to do in an attack. Consider it absolutely fascinating! It’s just as bad as Eisenhower’s design for the Normandy landing. I mean, there was nothing worse than that. I didn’t know this until the other day. I’m going to write a book on it. I’m going to call it The Great Myth. You see, I was a Pacific amphibious warfare officer before these Normandy landings occurred. And there’s certain ways you’re supposed to make landings. Well, they didn’t make them that way at Normandy. They killed men instead.” — L. Ron Hubbard, April 3, 1962
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“Our trouble has been isolated to the British Government. It uses British Consuls, Lloyds and reporters as part of its intelligence service. It has been revealed that reporters in the UK, particularly those operating outside it, are members of their intelligence service while still being reporters. The US health societies, groups, foundations and agencies are all members of SMERSH which is an English takeover of the work of Clifford Beers to bring protection to mental patients. By blackmail, corruption and pretense of being ‘the very best people’ this group had the British government in its palm. It appointed the health ministers of both parties in England and throughout the Commonwealth and even Switzerland. SMERSH is a world takeover type group, full of preposterous plans. It is now actively destroying western nations whose governments look to them to dispose of malcontents without realizing SMERSH’s degraded technology is violently opposed by Western peoples. If we are careful, keep good security and continue to attack, SMERSH will collapse as they are trying to be a police state without either the police or army on their side. We must be alert to the Intelligence factors of SMERSH and safeguard against their penetration of our security. On our shoulders alone rests the possibility of freeing Mankind from the horror of one of these police states which could destroy Mankind. The rest, like sheep, have been taken in wholly.” — The Commodore, April 3, 1969
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“Scientology got into bad hands starting in 1972, and it was not done by the young David Miscavige at that time, but by the IRS, CIA, FBI and other such criminals with vested interest to hold down Clears and OTs and grab the tech of ‘remote viewing’ for themselves.”
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2000: John Ritson and Jens Tingleff reported a protest in East Grinstead, England, near the Saint Hill compound. “Bonnie Woods dropped by and Roland turned up and at about 3:00 we started picketing outside the Scientologists’ bookshop and ‘Information Centre’ in the town. The reaction of the one member of staff there was to lock the door and make the first of a long series of phone calls. No attempt at confrontation, though she looked as if it would have done her good to get out in the sunshine occasionally. We had the boom box playing Hubbard’s ‘man on the cross, there was no man on the cross’ and similar rantings. Two women were let into the shop, then another two, who had walked past us earlier, and finally a man appeared. They tried the ‘Death Stare’ but the only effect was laughter.”
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“We Farsecians are not evil. We are the Knights Templar of the Universe. We are the Keepers of the ARC of the Covenant.”
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Full Court Press: What we’re watching at the Underground Bunker
Criminal prosecutions:
— Danny Masterson charged for raping three women: Next pretrial conference May 31. Trial scheduled for August 29.
— Jay and Jeff Spina, Medicare fraud: Jay sentenced to 9 years in prison. Jeff’s sentencing to be scheduled.
— Rizza Islam and other family members, Medi-Cal fraud: Pretrial conference May 20 in Los Angeles
— David Gentile, GPB Capital, fraud: Next pretrial conference set for April 8.
— Joseph ‘Ben’ Barton, Medicare fraud: Pleaded guilty, awaiting sentencing.
— Yanti Mike Greene, Scientology private eye accused of contempt of court: Hearing held on February 15, awaiting ruling.
Civil litigation:
— Luis and Rocio Garcia v. Scientology: Eleventh Circuit affirmed ruling granting Scientology’s motion for arbitration. Garcias considering next move.
— Valerie Haney v. Scientology: Forced to ‘religious arbitration.’ Valerie’s motion for reconsideration denied on March 15.
— Chrissie Bixler et al. v. Scientology and Danny Masterson: Appellate court removes requirement of arbitration on January 19, case remanded back to Superior Court. Scientology has said it will file an anti-SLAPP motion.
— Brian Statler Sr v. City of Inglewood: Third amended complaint filed, trial set for June 28.
— Author Steve Cannane defamation trial: Trial concluded, Cannane victorious, awarded court costs. Appeal hearing held Aug 23-27. Awaiting a ruling.
— Chiropractors Steve Peyroux and Brent Detelich, stem cell fraud: Lawsuit filed by the FTC and state of Georgia in August, now in discovery phase.
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THE PROSECUTION OF DANNY MASTERSON
We first broke the news of the LAPD’s investigation of Scientology celebrity Danny Masterson on rape allegations in 2017, and we’ve been covering the story every step of the way since then. At this page we’ve collected our most important links, including our four days in Los Angeles covering the preliminary hearing and its ruling, which has Danny facing trial and the potential sentence of 45 years to life in prison.
After the success of their double-Emmy-winning, three-season A&E series ‘Scientology and the Aftermath,’ Leah Remini and Mike Rinder continue the conversation on their podcast, ‘Scientology: Fair Game.’ We’ve created a landing page where you can hear all of the episodes so far.
LEAH REMINI: SCIENTOLOGY AND THE AFTERMATH
An episode-by-episode guide to Leah Remini’s three-season, double-Emmy winning series that changed everything for Scientology watching. Originally aired from 2016 to 2019 on the A&E network, and now on Netflix.
SCIENTOLOGY’S CELEBRITIES, from A to Z
Find your favorite Hubbardite celeb at this index page — or suggest someone to add to the list!
Other links: SCIENTOLOGY BLACK OPS: Tom Cruise and dirty tricks. Scientology’s Ideal Orgs, from one end of the planet to the other. Scientology’s sneaky front groups, spreading the good news about L. Ron Hubbard while pretending to benefit society. Scientology Lit: Books reviewed or excerpted in a weekly series. How many have you read?
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THE WHOLE TRACK
[ONE year ago] The Top 25 People Enabling Scientology, No. 3: The judges
[TWO years ago] Scientology’s new attempt to force ‘religious arbitration’ on Danny Masterson’s accusers
[THREE years ago] A stunning Scientology call to arms for our politically divided times on this dirt ball
[FOUR years ago] Newly released documents: Scientology leader L. Ron Hubbard tried to ‘buy’ an African nation
[FIVE years ago] Scientology leader David Miscavige launches new personal attacks at Leah Remini
[SIX years ago] David Miscavige and a bussed-in crowd cut the ribbon on Atlanta’s new Scientology ‘Ideal Org’
[SEVEN years ago] How Scientologists are dealing with the popularity of Alex Gibney’s film ‘Going Clear’
[EIGHT years ago] We asked David Miscavige’s tailor for his exact height — and here’s what he told us!
[NINE years ago] LEAK: Scientology’s Rehab Went from $5,000 to $2.5 Million in Insurance Revenue in One Year
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Bernie Headley (1952-2019) did not see his daughter Stephanie in his final 5,667 days.
Valerie Haney has not seen her mother Lynne in 2,623 days.
Katrina Reyes has not seen her mother Yelena in 3,128 days
Sylvia Wagner DeWall has not seen her brother Randy in 2,648 days.
Brian Sheen has not seen his grandson Leo in 1,668 days.
Geoff Levin has not seen his son Collin and daughter Savannah in 1,559 days.
Christie Collbran has not seen her mother Liz King in 4,866 days.
Clarissa Adams has not seen her parents Walter and Irmin Huber in 2,734 days.
Carol Nyburg has not seen her daughter Nancy in 3,508 days.
Doug Kramer has not seen his parents Linda and Norm in 1,839 days.
Jamie Sorrentini Lugli has not seen her father Irving in 4,312 days.
Quailynn McDaniel has not seen her brother Sean in 3,628 days.
Dylan Gill has not seen his father Russell in 12,194 days.
Melissa Paris has not seen her father Jean-Francois in 8,113 days.
Valeska Paris has not seen her brother Raphael in 4,281 days.
Mirriam Francis has not seen her brother Ben in 3,862 days.
Claudio and Renata Lugli have not seen their son Flavio in 4,123 days.
Sara Goldberg has not seen her daughter Ashley in 3,159 days.
Lori Hodgson has not seen her son Jeremy and daughter Jessica in 2,874 days.
Marie Bilheimer has not seen her mother June in 2,399 days.
Julian Wain has not seen his brother Joseph or mother Susan in 754 days.
Charley Updegrove has not seen his son Toby in 1,929 days.
Joe Reaiche has not seen his daughter Alanna Masterson in 6,480 days
Derek Bloch has not seen his father Darren in 3,629 days.
Cindy Plahuta has not seen her daughter Kara in 3,949 days.
Roger Weller has not seen his daughter Alyssa in 8,804 days.
Claire Headley has not seen her mother Gen in 3,923 days.
Ramana Dienes-Browning has not seen her mother Jancis in 2,279 days.
Mike Rinder has not seen his son Benjamin and daughter Taryn in 6,582 days.
Brian Sheen has not seen his daughter Spring in 2,688 days.
Skip Young has not seen his daughters Megan and Alexis in 3,086 days.
Mary Kahn has not seen her son Sammy in 2,962 days.
Lois Reisdorf has not seen her son Craig in 2,545 days.
Phil and Willie Jones have not seen their son Mike and daughter Emily in 3,040 days.
Mary Jane Barry has not seen her daughter Samantha in 3,294 days.
Kate Bornstein has not seen her daughter Jessica in 14,403 days.
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Posted by Tony Ortega on April 3, 2022 at 07:00
E-mail tips to tonyo94 AT gmail DOT com or follow us on Twitter. We also post updates at our Facebook author page. After every new story we send out an alert to our e-mail list and our FB page.
Our new book with Paulette Cooper, Battlefield Scientology: Exposing L. Ron Hubbard’s dangerous ‘religion’ is now on sale at Amazon in paperback and Kindle formats. Our book about Paulette, The Unbreakable Miss Lovely: How the Church of Scientology tried to destroy Paulette Cooper, is on sale at Amazon in paperback, Kindle, and audiobook versions. We’ve posted photographs of Paulette and scenes from her life at a separate location. Reader Sookie put together a complete index. More information can also be found at the book’s dedicated page.
The Best of the Underground Bunker, 1995-2021 Just starting out here? We’ve picked out the most important stories we’ve covered here at the Underground Bunker (2012-2021), The Village Voice (2008-2012), New Times Los Angeles (1999-2002) and the Phoenix New Times (1995-1999)
Other links: BLOGGING DIANETICS: Reading Scientology’s founding text cover to cover | UP THE BRIDGE: Claire Headley and Bruce Hines train us as Scientologists | GETTING OUR ETHICS IN: Jefferson Hawkins explains Scientology’s system of justice | SCIENTOLOGY MYTHBUSTING: Historian Jon Atack discusses key Scientology concepts | Shelly Miscavige, 15 years gone | The Lisa McPherson story told in real time | The Cathriona White stories | The Leah Remini ‘Knowledge Reports’ | Hear audio of a Scientology excommunication | Scientology’s little day care of horrors | Whatever happened to Steve Fishman? | Felony charges for Scientology’s drug rehab scam | Why Scientology digs bomb-proof vaults in the desert | PZ Myers reads L. Ron Hubbard’s “A History of Man” | Scientology’s Master Spies | The mystery of the richest Scientologist and his wayward sons | Scientology’s shocking mistreatment of the mentally ill | The Underground Bunker’s Official Theme Song | The Underground Bunker FAQ
Watch our short videos that explain Scientology’s controversies in three minutes or less…
Check your whale level at our dedicated page for status updates, or join us at the Underground Bunker’s Facebook discussion group for more frivolity.
Our non-Scientology stories: Robert Burnham Jr., the man who inscribed the universe | Notorious alt-right inspiration Kevin MacDonald and his theories about Jewish DNA | The selling of the “Phoenix Lights” | Astronomer Harlow Shapley‘s FBI file | Sex, spies, and local TV news | Battling Babe-Hounds: Ross Jeffries v. R. Don Steele
Tony Ortega at The Daily Beast
