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Accuser of Joseph Bishop Files Suit


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Posted

Here:

Quote

SALT LAKE CITY — The woman who has accused a former leader of The Church of Jesus Christ of Latter-day Saints’ Missionary Training Center of sexual assault has filed a lawsuit.

McKenna Denson filed the lawsuit in U.S. District Court late Wednesday, naming ex-Provo MTC President Joseph Bishop and the LDS Church as defendants. They were being sued for sexual assault and emotional distress as well as fraud. FOX 13 previously reported she was threatening a civil lawsuit over the alleged sexual assault that occurred at the MTC in 1984.

The lawsuit accuses Bishop of sexual improprieties while serving the church in Florida, as well as improper behavior toward women during his time as Weber State University’s president in the 1970s. The lawsuit alleges that Bishop had also previously confessed to inappropriate behavior around women, but was instead given a “spiritual blessing” and no other corrective action was taken by the LDS Church.

“In an epic institutional betrayal of trust, just the opposite occurred; Bishop was called to be the President of the MTC in Provo, Utah. There, instead of having access to hundreds of young missionaries, the Church elevated him to a position of power over thousands of young women who were training to be missionaries,” Denson’s attorney, Craig Vernon, wrote in the lawsuit.

...

Denson also accuses the LDS Church of doing nothing about reports of a sexual assault and Bishop’s past conduct.

“Moreover, in an apparent effort to protect the Church and the self- proclaimed sexual predator, leaders engaged in an ongoing pattern of not only failing to believe Denson, but even more disturbing, blaming and shaming Denson,” Vernon wrote.

...

Bishop’s family has said he denies the allegations and accused the woman of making false claims before. The LDS Church has previously said it would put faith in the justice system to sort out the truth of the claims.

Thanks,

-Smac

 

Posted
4 minutes ago, carbon dioxide said:

I read earlier that the Church recently settled a different lawsuit.  

Just read about that too:

https://www.sltrib.com/religion/2018/04/02/mormon-church-reaches-settlement-in-suit-alleging-it-ignored-west-virginia-abuse/

Quote

 

 A civil trial that started in January in West Virginia has ended in an undisclosed settlement in a lawsuit accusing The Church of Jesus Christ of Latter-day Saints and local church officials of covering up years of sexual abuse by one man.

Media outlets report the settlement announced Friday by Berkeley County Circuit Judge Christopher Wilkes ends a trial that began Jan. 18. Details of the settlement were not made public, and lawyers and officials are barred from discussing the case.

Plaintiffs contended the Mormon church and others knew about 26-year-old member Christopher Michael Jensen’s sexual abuse convictions and allegations but “did nothing to warn and protect” their children.

 

 

Posted
1 minute ago, Prof said:

That would be my guess as well.

Your tithing dollars at work.:(

Posted (edited)

More information as to what is in the lawsuit (a copy of it is posted here too):

http://fox13now.com/2018/04/04/woman-who-accused-ex-mtc-president-of-rape-to-sue-lds-church/

Quote

 

The lawsuit accuses Bishop of sexual improprieties while serving the church in Florida, as well as improper behavior toward women during his time as Weber State University’s president in the 1970s. The lawsuit alleges that Bishop had also previously confessed to inappropriate behavior around women, but was instead given a “spiritual blessing” and no other corrective action was taken by the LDS Church.

“In an epic institutional betrayal of trust, just the opposite occurred; Bishop was called to be the President of the MTC in Provo, Utah. There, instead of having access to hundreds of young missionaries, the Church elevated him to a position of power over thousands of young women who were training to be missionaries,” Denson’s attorney, Craig Vernon, wrote in the lawsuit.

Denson’s lawsuit accuses Bishop of targeting her and grooming her for a sexual attack. She described being led into a room and attacked.

“He forced her back down, restraining her with his palms on her shoulders. Eventually, she was able to kick free and pull her garments and hose up enough to get out the door. As Denson was leaving the room, Bishop shouted that no one would believe her, saying ‘Look at you, look at me,'” the lawsuit states.

 

 

Edited by ALarson
Posted (edited)
8 minutes ago, Jeanne said:

Your tithing dollars at work.:(

Yep.  I could use that money more than a lawyer.  Very depressing.  I rather the Church fight these things even if it costs them 10 times as much.  Just don't give people free money without a real fight.

Edited by carbon dioxide
Posted
1 minute ago, carbon dioxide said:

Yep.  I could use that money more than a lawyer.  Very depressing.  I rather the Church fight these things even if it costs them 10 times as much.  

I highly doubt that church leaders want more details coming out regarding this case and the allegations.  Just reading the little bit I have, they are ugly.

Posted (edited)

"The lawsuit accuses Bishop of sexual improprieties while serving the church in Florida, as well as improper behavior toward women during his time as Weber State University’s president in the 1970s. The lawsuit alleges that Bishop had also previously confessed to inappropriate behavior around women, but was instead given a “spiritual blessing” and no other corrective action was taken by the LDS Church."

If all they have is the tape and the lawsuit from Weber State, I think this would be difficult to prove given the "improper behaviour towards women" was not sexual.  He was vague on the tape except for the "frisky" backrub.  He was never explicit about what he confessed.

Anyone guess why Bishop was not named in the lawsuit?

The only thing I can think of is that he might make a deal to testify he confessed and no one did anything.  If he is broke as he claimed in the tape, it would financially benefit the victim and likely help her feel justified and there is no legal criminal risk.  Old guy like that could probably easily fall off the radar.  They aren't showing any current pictures of him that I remember, but 40 year old ones (from 10 years before the MTC even, on file photo; add-on:  there is a more current picture of him out there, bet it is off one of his books and so copyrighted).

If there was a lawsuit against him, would it be public knowledge (I am thinking, yes).  Maybe they are holding off suing him because it will cost money to sue him, he has no money to make it worthwhile, his son will give his work for free so likely will take it to the end now Bishop's reputation can't be any more shattered.  While a finding of guilt or liability might help them in this case, the issue of rape may be unprovable and the two false reports very damaging to her credibility.  Otoh, the Church suffers for any level of abuse happening even if it is found there is no collaborating evidence for the claims of previous knowledge, so motivated to settle.

Edited by Calm
Posted (edited)
29 minutes ago, carbon dioxide said:

Yep.  I could use that money more than a lawyer.  Very depressing.  I rather the Church fight these things even if it costs them 10 times as much.  Just don't give people free money without a real fight.

If that money can go towards feeding the hungry or building a chapel for those who don't have one, not sure I agree with you.  Even if it is money that comes out of business ventures, it removes its availability for other worthwhile projects.

Edited by Calm
Posted
3 hours ago, carbon dioxide said:

Yep.  I could use that money more than a lawyer.  Very depressing.  I rather the Church fight these things even if it costs them 10 times as much.  Just don't give people free money without a real fight.

If they choose to fight, my understanding is they have to open up all kinds of records in the discovery process. Settling allows them to keep church information private.

Posted

I read somewhere there is going to be a press conference? Tomorrow at 11:00 a.m. MST. I'll bet it will be on abc 4 news, I'll have to remember the time, if this is indeed televised. 

Posted
35 minutes ago, Gray said:

If they choose to fight, my understanding is they have to open up all kinds of records in the discovery process. Settling allows them to keep church information private.

Depends in part on what the judge requires, I think.  They settled in the Scott case iirc when the judge ruled the Church share its financial records up front and not if they were found liable. At the time it sounded like it was thought to be an unusual ruling iirc.

Posted
3 hours ago, Calm said:

Anyone guess why Bishop was not named in the lawsuit?

He was.

"McKenna Denson filed the lawsuit in U.S. District Court late Wednesday, naming ex-Provo MTC President Joseph Bishop and the LDS Church as defendants."

Posted (edited)

Weird the Trib made such a major mistake.  Someone is going to get a scolding.

"Correction at 8:17 p.m. on April 4, 2018: An Earlier version of this story incorrectly stated Joseph L. Bishop was not named as a defendant in the lawsuit."

Edited by Calm
Posted

From the Trib link:

"Bishop’s son, Greg Bishop, who is also an attorney who has spoke on his father’s behalf, did not return messages seeking comment Wednesday."

Maybe he is finally learning wisdom.

Posted
3 hours ago, Calm said:

If that money can go towards feeding the hungry or building a chapel for those who don't have one, not sure I agree with you.  Even if it is money that comes out of business ventures, it removes its availability for other worthwhile projects.

Some things are more important than money.  Giving money in a settlement may not mean one is legally admitting to guilt but the public often views it as such.  Michael Jackson messed up by paying millions to his accusers.  Many viewed his settlements to the kids he allegedly victimized as admissions of his wrong doing.  Sometimes honor and reputation is worth fighting for.  Even if it costs more money.  Michael Jackson took the financial route but he never could regain his whatever was left of his reputation after that.  Also it just encourages more people to make accusations.  Some may be legit and some may not be but regardless, why not go after the Church?  Seems logical to me. 

Posted (edited)
24 minutes ago, carbon dioxide said:

Some things are more important than money.  Giving money in a settlement may not mean one is legally admitting to guilt but the public often views it as such.  Michael Jackson messed up by paying millions to his accusers.  Many viewed his settlements to the kids he allegedly victimized as admissions of his wrong doing.  Sometimes honor and reputation is worth fighting for.  Even if it costs more money.  Michael Jackson took the financial route but he never could regain his whatever was left of his reputation after that.  Also it just encourages more people to make accusations.  Some may be legit and some may not be but regardless, why not go after the Church?  Seems logical to me. 

It doesn't exactly look honorable and compassionate to challenge actual victims.  From what I remember, settlements I have heard about by the Church have been with those who were legally proven abused and the claim is the Church could have prevented it.   Reputation for lack of compassion is not something that benefits a church.

Edited by Calm
Posted
8 hours ago, Calm said:

Depends in part on what the judge requires, I think.  They settled in the Scott case iirc when the judge ruled the Church share its financial records up front and not if they were found liable. At the time it sounded like it was thought to be an unusual ruling iirc.

I'm not a lawyer, nor do I play one on TV. But my understanding is discovery is standard for any lawsuit.

 

https://en.wikipedia.org/wiki/Discovery_(law)

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Discovery, in the law of the United States and other countries, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as a request for answers to interrogatories, request for production of documents, request for admissions and depositions.[2] Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery.[3]

Under the law of the United States, civil discovery is wide-ranging and may seek disclosure of information that is reasonably calculated to lead to the discovery of admissible evidence.[4] This is a much broader standard than relevance, because it contemplates the exploration of evidence which might be relevant, rather than evidence which is truly relevant. (Issues of the scope of relevance are taken care of before trial in motions in limine and during trial with objections.)[5] Certain types of information are generally protected from discovery; these include information which is privileged and the work product of the opposing party. Other types of information may be protected, depending on the type of case and the status of the party. For instance, juvenile criminal records are generally not discoverable, peer review findings by hospitals in medical negligence cases are generally not discoverable and, depending on the case, other types of evidence may be non-discoverable for reasons of privacy, difficulty and/or expense in complying and for other reasons. (Criminal discovery rules may differ from those discussed here.) Electronic discovery or "e-discovery" refers to discovery of information stored in electronic format (often referred to as Electronically Stored Information, or ESI).[6]

 

 

 

Posted
5 minutes ago, phaedrus ut said:

Any speculations as to why Bishop has never received any church discipline? 

I think that mortals are all too easily overcome with leader worship such that any controversy seems impossible to be true.  (I can't for the life of me understand why this woman would have made this up or how anyone could have seen any purpose in her making it up, so I guess the only explanation for the bishop's response is over reliance on the expectation that all calls are from the Lord and leaders will never be allowed to call those who are behaving inappropriately.)   And I think that the Church discipline really IS a local matter (albeit occasionally kicked by a higher up).   And disciplinary councils these days are too often predetermined outcomes:   I suspect if they'd held one early one even though the bishop couldn't believe it, the council would have done something if the accuser had been allowed to have the witnesses.

Posted
10 hours ago, Tacenda said:

I read somewhere there is going to be a press conference? Tomorrow at 11:00 a.m. MST. I'll bet it will be on abc 4 news, I'll have to remember the time, if this is indeed televised. 

Thanks for the heads up.

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