Statement on Shamblin Litigation - Round Two - 8.18.2009
by Rev. Rafael D Martinez, Director, Spiritwatch Ministries
On August 18, 2009 while visiting an Internet bulletin board, I was surprised to see that someone there had noted that the Nashville newspaper The Tennessean had posted a news bulletin in which it was indicated that Gwen Shamblin and Tedd Anger, two of the top leaders of the Remnant Fellowship cult, had once again embarked on a course of litigation against me. The original link was at one time here but the text of the Tennessean article can be found at this Knoxville area TV station's website here. It was alleged by the newspaper reporter, one Mitchell Kline, that he'd called to get our reaction and that I "did not immediately return a reporter's phone call." No such phone call was ever received from the reporter - had there been one, there would have been no surprise upon reading the article.
Be that as it may, I would later find out this was civil action 09476 as filed at the Williamson County courthouse in Franklin, Tennessee. This was actually issued on August 12, 2009, and Shamblin's lawyer, one Samuel Harris, finally arranged to have me served on August 26 with the actual documents, which I forwarded to my legal team for our formal response. The wheels of justice tend to turn slowly sometimes, I guess
This time, after reading it, the suit didn't involve most of Remnant's inner circle of leadership for reasons that would become all too apparent. To bolster their allegations, only Anger and Shamblin decided to vent their spleens through the courts in an effort to quash my personal opinions. They chose again to do this through the filing of a lawsuit for my "(publishing) to the whole world via the internet extremely outrageous, discriminatory, defamatory, and false accusations that has caused damage to the Plaintiffs' reputation and emotions .. (causing) damage to the Plaintiffs' right to privacy because it places them in a false light and subject to ridicule by the public," not to mention, of course, the claim that "the Plaintiffs have suffered damages to their reputations and potential incomes."
The so-called "final straw" for Shamblin and Anger was their reaction to comments I posted on a news blog in August, 2008 that carried a report of another tragic death of a child in another cultic group situation, a group calling itself One Mind Ministries. I posted a personal response on Celebgalz.com upon the sad affair that I felt had parallels to the Joseph and Sonya Smith tragedy. For people whose seared consciences may finally be reengaged, this became apparently too intolerable for both Shamblin and Anger to behold and they found what they perceived an opportunity to claim a higher moral ground they, in my opinion, have never actually held. It is this response that drew their ire - and this time, they seek a total of $700,000 of damages for the supposed injuries they've allegedly suffered as a result of my personal opinions.
(WARNING: Unlike in August, 2008 the Celebgalz.com site where my response is posted now uses aggressive adware that also can swiftly launches a malware attack on your computer. BE ADVISED! If you would like to read my response in full, view it on the copy of Shamblin and Anger's complain posted below - which, amazingly, they quoted correctly.
I fully stand by what I have written and am unafraid to own my opinions, especially when they are based on factual public record that has been circulating for years. It is the machinations and intrigues of Shamblin and Anger that stand to lose the most when objective information about their doings is raised in the marketplace of freedom of expression. It's not so much that their own personal self-esteem is being lost (a quantity Mrs. Shamblin and Anger constantly advise others to bury within themselves, by the way) but the control and manipulation over their following that they are struggling to maintain with recent defections from their leadership as well as the loss of actual church membership. Their lawsuit, I feel, is an attempt to provide for them a diversion from the intense internal scrutiny they are currently experiencing.
The allegations of Shamblin and Anger, as stated in their complaint are not only without merit but once again, completely frivolous and are in themselves another calculated ruse to silence our work. We categorically and unequivocally deny their claims and intend to vigorously respond to them. Stay tuned for updates.
Click to read a copy of Shamblin's summons to answer to the litigation (Adobe .PDF file)
Click to read a copy of our response to the summons (Adobe. PDF file)
Click to read copies of the following (Adobe. PDF file)
The Motion For Summary Judgment
The Affidavit Of Rev. Rafael Martinez with a detailed list of Exhibits
A Statement Of Undisputed Material Facts
Click below to read copies of the following Responses just filed to the Court the week ending March 19, 2010
Response of the Plaintiffs to the Motion for Summary Judgment (Adobe.PDF file)
The Reply Of The Defendant To The Plaintiff's Response (Adobe.PDF file)
THIS MOTION IS EXPECTED TO BE HEARD ON THE 22ND DAY OF MARCH, 2010 AT 9:00 A.M.
Williamson County Judge Robbie Beal granted our motion for summary judgment.
Read the Court Ruling granting our motion! (Adobe.PDF file)
UPDATE - 13 APRIL 2011
The Court of Appeals of Tennessee upheld the summary judgment over the appeal of Shamblin and Anger.
Read the Appellate Court Ruling upholding the judgment! (Adobe.PDF file)
Thanks be to God who gives us the victory through our Lord Jesus Christ moved along by your prayers and support and the sharp lawyering by our legal team of Phil Anderson and John Belcher!
We now consider this file closed and the legal victory our own.
It is now Gwen Shamblin who has to wonder why "Zion" continues to lose in the courts, choose who she will target in her church pecking order to blame for this embarassment, and for her followers to consider how much longer they will continue to uncritically accept the questionable authority of their "prophetess."
Inquiries have come in about donations to Spiritwatch Ministries to assist in the legal expenses we are incurring as a result of this lawsuit. All donations are both appreciated and needed earnestly.
Sent them directly to the "Martinez Escrow Account" at
G. Philip Anderson
155 Franklin Road, Suite 120
Brentwood, Tennessee 37027
The LORD is known by the judgment which he executeth:
the wicked is snared in the work of his own hand.
Higgaion.
Selah.
Psalms 9:16
