“Fool me Twice” Shame on the Justice System
When the Tampa-based federal judge presiding over the wrongful-death lawsuit—Stephen Merryday for the United States District Court for the Middle District of Florida—ruled in favor of the defendants’ motion for summary judgment, he noted the following: “Assuming that Kyle’s father [Tom Brennan] and the others [Gerald and Denise Miscavige Gentile] are liars, Scientology’s responsibility is possible, but this theoretical and remote possibility is unsupported by evidence or any reasonable and direct inference from the evidence. If the witnesses are ignored in gross as liars, the fact finder is left to guess. Attenuated and compound inferences and speculation uniformly fail to create a genuine issue of material fact sufficient to avoid summary judgment.”
Obviously, we strongly disagree.
Not only did the defendants in the case lie, but the Clearwater, Florida, detective investigating Kyle’s suspicious death—Stephen Bohling—lied in his police report. Both of these assertions are easily verified with testimony and documentation.
Did these individuals commit perjury (a felony in the State of Florida)? According to The Law Dictionary, available online: In criminal law, perjury is “The willful assertion as to a matter of fact, opinion, belief, or knowledge, made by a witness in a judicial proceeding as part of his evidence, either upon oath or in any form allowed by law to be substituted for an oath, whether such evidence is given in open court, or in an affidavit, or otherwise, such assertion being known to such witness to be false, and being intended by him to mislead the court, jury, or person holding the proceeding.
(See The Law Dictionary [at http://thelawdictionary.org/perjury/#ixzz2qURWg1aC%5D, featuring Black’s Law Dictionary.)
Obviously, if a witness deliberately chooses to lie, twisting the testimony in one way or the other, the false testimony may bring about a very skewed outcome in a case.
It’s been shown that Detective Stephen Bohling deliberately lied in his Clearwater Police Report (the CWPR). This has been supported by documents and testimony. His investigation is replete with conflicts of interest and mishandled standard investigative procedures. By twisting statements made by others—in other words, assigning the lies to others such as Marti Scholl of the Hillsborough County Medical Examiner’s Office, or FDLE Agent Barbara Mendez, or Kyle’s psychiatrist Stephen McNamara—he may have believed that he could wheedle his way out of perjury charges. Perhaps he thought he could turn the entire situation into a “he said, she said” scenario.
Unfortunately, all of this illegal behavior had a direct impact on the outcome of the wrongful-death lawsuit.
On May 29, 2009, Lee Fugate—the attorney representing Gerald and Denise Miscavige Gentile—attached Bohling’s CWPR to his “Motion to Dismiss Complaint.”
On June 11, 2009, Attorney Kennan Dandar—the attorney representing the Estate of Kyle Brennan—filed a motion to strike the report.
On June 24, 2009, Judge Stephen Merryday granted the Estate of Kyle Brennan the motion to strike the police report during the discovery period.
Did this stop the defendants from using the content of the police report? Absolutely not!
“Truth, Justice, and the American Way”
That cold December day in 2012 when Judge Merryday gave the defendants a “free pass” I will never forget. It’s seared into my soul as my son’s second killing. I remember it, too, as the day I learned that the truth didn’t matter in Merryday’s courtroom. No one, it seemed, would be held accountable for Kyle Brennan’s death.
Excerpt from the official statement by an expert criminologist pertaining to the investigative procedures of Detective Steve Bohling and the Clearwater Police Department.
Five years after Kyle’s death, an interesting story was reported by WTSP News in Tampa. On November 9, 2012, Mark C. Rathbun—Scientology’s former number-two man—gave sworn testimony accusing Clearwater-area judges and lawyers of criminal wrongdoing regarding another Scientology-related lawsuit.
Statement of Mark C. Rathbun, former senior executive of the Church of Scientology.
Detective Stephen Bohling
Nov 16, 2012 – In addition, Rathbun says the Church hired another attorney, former prosecutor Lee Fugate, to have illegal Ex parte meetings with judges …
Recorded exchange between Attorney Lee Fugate and Detective Steve Bohling.
Attorney Luke Lirot email sent to Victoria Britton one day after meeting Detective Stephen Bohling.
Note: The Narratives above are all Copyright 2018 Victoria Britton. The documents posted below each narrative are in the public domain.
If you have any questions contact Victoria at: vbreton2062 (at) gmail.com