The latest in the Gentle Wind Project's: [www.gentlewindproject.org
] et al lawsuits against Judy Garvey, Jim Bergin, et al is scheduled for trial in October or November 2006 in York County (Maine State) Superior Court, Alfred, ME.
This new Maine State lawsuit follows upon GWP / the Millers’ et al January 6, 2006 dismissal from Maine U.S. District Court where they filed their first lawsuit in May 2004.
Gentle Wind Project's and the Miller’s (Plaintiffs) new lawsuit will be heard by Maine Superior Court Justice G. Arthur Brennan and by a Maine jury. According to the Court schedule, the Millers have one opportunity for a settlement offer prior to trial. After that, they'll "have their day in court" on what they initiated two years ago against Garvey, Bergin, and other defendants.
GWP leaders filing the lawsuit are John–AKA "Tubby" Miller; Moe–AKA Mo, Olivia, Claudia Panuthos, Mary Elizabeth Carreiro (Panuthos/Silver/Carreiro/Miller); Carol-AKA Max, Mapes Miller; Shelly–AKA Dianne, Mugsie, Shelbourne (Boyce/Koster/Miller); Pam–AKA Colleen Ranheim; Joan Carreiro; and Gentle Wind Project.
The facts, and the basis for even more facts to be presented, have already been "discovered" during depositions of each plaintiff (John "Tubby" Miller and all the women living with him), and from one non-plaintiff (another woman who is a long-term GWP member/”instrument keeper”).
Jim and Judy also had depositions taken by the Millers' attorneys, as did Jim and Judy’s expert witnesses. These depositions are available to the public through the U.S. District Court PACER website, and are quoted, in part, in the [i:30dcea9186]Motion for Summary Judgment[/i:30dcea9186], (Jim and Judy’s successful Motion that ended the GWP Federal lawsuit) and [i:30dcea9186]Statement of Material Facts[/i:30dcea9186], and in Judge Gene Carter's [i:30dcea9186]Order [/i:30dcea9186]to dismiss GWP's Federal claims. These documents are also available at the website for former GWP members/”instrument keepers – [i:30dcea9186]Wind of Changes[/i:30dcea9186]: [www.windofchanges.org
] -- the website that the Millers are attempting to eliminate through their lawsuits.
Rather than filing Motions for Dismissal or Summary Judgment to end the Miller’s new Maine State lawsuit, it is important for Bergin and Garvey to go to trial since there are contested facts.
A few of the contested facts are:
The Millers et al contend that Judy and Jim defamed them by reporting – in their personal stories about 17 years as followers/”instrument keepers” of the Millers / GWP – that there was group sexual activity (called "energy work") among the leaders and female followers and that followers were told that this "energy work" would bring the designs for new GWP "healing instruments" from the "spirit world" to the GWP leader, John "Tubby" Miller. The Millers et al have each denied, under oath during depositions, that group sexual activity of any kind took place among GWP leaders and followers, or “instrument keepers.”
The Millers et al also deny that Gentle Wind Project is a cult, and they claim in their promotional material that they have "clinical research" on the effectiveness of their "healing instruments" and that this "research" meets scientific standards. Based on their years of association with GWP, as followers and board members, Jim and Judy disagree with the Millers’ cult denials, and have also shown how the GWP so-called research is anecdotal and/or conducted by GWP believers / “instrument keepers.” This is all described in Jim and Judy’s personal reports at: [www.windofchanges.org
] and at: [www.windofchanges.org
A copy of the Millers' et al latest lawsuit is at the bottom of the page at Jim and Judy’s public interest website, [i:30dcea9186]Wind of Changes[/i:30dcea9186]: [www.windofchanges.org
] Counterclaims, filed against the Millers et al, can be read at: [www.windofchanges.org
The Alfred, Maine courthouse isn't large by big city standards, but seating is open to the public should anyone wish to get a close-up view of the Gentle Wind Project and the Millers' offense/defense this fall.
Jim and Judy are being represented by skilled attorneys of [i:30dcea9186]Drummond, Woodsum & MacMahon[/i:30dcea9186], Portland, ME: [www.dwmlaw.com
] – Jerrol Crouter, Esq., Managing Director of the firm, and Brian Willing, Esq.
They have also received excellent pro bono legal assistance from, among others, [i:30dcea9186]The Berkman Center for Internet and Society at Harvard Law School[/i:30dcea9186]: [cyber.law.harvard.edu
] Together, these defense attorneys won the [i:30dcea9186]Motion for Summary Judgment[/i:30dcea9186] against GWP/the Millers when Senior U.S. District Court Judge Gene Carter dismissed GWP's RICO (racketeering) Federal claim against the defendants in January 2006.
The Millers' second attempt at a Federal claim – the Lanham Act – was dismissed early in their Federal lawsuit by Judge Carter. In fact, the Magistrate Judge dismissed GWP’s entire lawsuit initially, and then the Millers filed an Amended Claim and squeaked by on a technicality for the RICO claim, which required an additional year of motions, depositions, etc, before it was summarily dismissed in January.
The Millers et al are represented by Portland law firm [i:30dcea9186]Verrill & Dana[/i:30dcea9186] (James Goggin, Esq., Dan Rosenthal, Esq., Suzannah Pogue, Esq.) to file their "convoluted" (in the words of Senior District Judge Gene Carter) lawsuits against Jim Bergin, Judy Garvey, and originally against Rick Ross of Rick Ross Institute, Steve Gamble of Equilibra, Ian Mander of New Zealand Cult List, Ivan Fraser of The Truth Campaign, and Steve Hassan of Freedom of Mind – all who have public service websites where Bergin and Garvey’s original stories or links were posted, or other opinions about Gentle Wind Project.
Ian Mander was also sued again by GWP/ the Millers in their newest lawsuit, and has not responded; repeating his seemingly complete disregard for their continuous lawsuits from his vantage point in New Zealand – where the legal system apparently discourages lawsuits by sanctioning litigious Plaintiffs who are shown to be misusing the law.
Jim and Judy very much appreciate contributions to their legal defense fund – any amount is gratefully accepted. The Millers’ continuous and relentless litigious outpourings have been dragged on now for two years. A mailing address, bank account, and PayPal account are all listed at: [www.windofchanges.org