Hawkins v. Daystar inches through the court system

Conservative Babylon asks if Daystar Television Network is downsizing because of Marcus Lambs adultery.

Good question, isn’t it?

The networks pr firm  A. Larry Ross says: that the “move is intended to make better use of the capabilities of its headquarters.”

The network is shutting down production in it’s Colorado and Kentucky studios and laying off employees in the two centres and in Houston.  (List of Daystar Television Nework stations). There are three lawsuits chugging along, one of which is easily available to follow with the pre-trial documents online. And the documents make for interesting reading. Very interesting reading. The first lawsuit (Hawkins v. Marcus D. Lamb and Word of God Fellowship, doing business as Daystar Television Network) is what got the initial media attention after Joni and Marcus Lamb came out swinging on their own show Celebration,  Good Morning America and Dr. Phil. Now James A. Fisher the attorney for former employee Jeanette Hawkins, is asking that the defense produce correspondence from A. Larry Ross, and from the marriage counselors who appeared on TV with the Lambs. That would be Fred and Anna Kendall and Frank Minirth.  And from plenty of other folk,  including the two Daystar lawyers who met with plaintiff lawyer James Fischer in mid-November.  Two of the Lamb children who I think work at Daystar. (someone who knows can correct me if I’m wrong).  Bill and Sandra Trammell, Joni Lambs parents. All communications from production staff involved in that fateful November 30th Celebration program. There are 86 requests for documentation recently filed with the court. There are requests for copies of shows. There are requests for financial information,  which could get interesting given there is no public information on how much the nepotistic network is worth or what Daystar rakes in per year from viewers. PR firm A. Larry Ross says the annual operating budget is about 70 million. For a skeptical and weary public, vague toss outs aren’t enough any more.

Daystar lawyers lost their bid to have the above upcoming trial moved from Dallas County to Tarrant County.  I’m wondering what else they will lose, for each of the requests they have responded with the same thing: “Lamb objects to this request as being overly broad and as seeking documents that are neither relevant nor likely to lead to the discovery of admissible evidence.” It will be interesting to read what the judge decides is relevant as this case inches closer to trial. This is like details and alleged details of your affair and coverup shout from the rooftops. Not your transmitters and studio on your terms, but from a rooftop you don’t own.

As I read through 86 requests I am struck by one thing. Courts deal in facts. All the spin, all the soothing words to fans will not fly in a courtroom.  National tv appearances by Marcus and Joni Lamb saying the devil is attacking or that there is extortion going on (the police cleared that up quickly) or that an affair was short lived or over years ago, won’t hold weight in a courtroom if this gets to trial.

“They’re trying to take our pain and turn it into gain” might rally Daystar true believers, but a catch phrase is  not going to sway a judge and jury.

As more paperwork gets filed in this particular case, I can’t figure out why Daystar lawyers don’t advise their clients to settle. Perhaps they have.  Perhaps the clients are not interested in settling, the Lambs public behavior to date indicates otherwise. Daystar filed a counter-suit,  I also can’t the paper trail access online.  I admit it, I wish I could. At the end of the day this all ties together.  A second employment civil suit against Bill Trammell was filed, and unfortunately I can’t access that paperwork online.   I do not see at this point how a bellicose defense is going to end up well for the Lambs.  Are Daystar lawyers begging their client to get into mediation and get company and personal information away from public eyes like mine? Don’t know.  But by admitting the affair on television, admitting even denominational overseers were not informed until Marcus Lamb felt cornered, a door was opened which cannot be easily shut.  The back and forth lawyer paper stack is growing.  I do see how bringing this to light could help religious television in the long run. If the culture of religious television and it’s shadier actors can be helped that is.

This is messy in a Texas sized way. If you don’t believe me, read what has been filed with the court in Hawkins v. Marcus D. Lamb and Word of God Fellowship, doing business as Daystar Television Network. Case # DC1015408.  This is not just boring legalize , reading the documents is  an uncomfortable glimpse  into big business in God’s name, entrepreneurial egos run amok, pseudo-repentance and the steamrolling anyone inconveniently perceived as being in the way. It is about alleged abuse, betrayal and lying.  For who? God? For what? Most of us believe one of the probable many whats or whys is money, the love of which is indeed the root of all evil.

Never mind that “donations are down 7 percent compared with the same period in 2010? (although they’re “up 5 percent over 2009?) — or, if somebody asked us here at ConBab Central to make an educated guess, that it maybe, sorta, kinda looks like Daystar might be economizing in order to shore up resources in anticipation of a big pay-out to somebody, somewhere (no, no, we don’t mean hush money, but maybe payout on a lawsuit or two they just maybe, might expect to lose)

Update: Karen Thompson, another former Daystar employee has filed a discrimination suit against the network in federal court. Thompson, along with Hawkins and Falcon is one of the three women being countersued by Daystar. Ms. Thompson was the producer of The Joni Show and worked for the network from 2002 until 2010.

About Bene Diction

Have courage for the great sorrows, And patience for the small ones. And when you have laboriously accomplished your tasks, go to sleep in peace. God is awake.
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37 Responses to Hawkins v. Daystar inches through the court system

  1. Godhelpusall says:

    I hope the Lamb repent of all this. Marcus was wrong to have the affair. He should pay what they are asking, or come to an agreement. This is his sin, and he needs to reap the consequences. Like TBN, I don’t think Daystar will go under ever. Satan will continue to use their offering manipulation to steal from believers, and God will continue to use the good programs on each station. I see the devil having show on these networks, and God using the good ones. I am glad God is exposing things. I personally cannot give to either Daystar or TBN. I can’t enable the madness. Marcus Lamb and Mike Murdock seem to be good friends. The Trey Smith book Thieves is something to consider, though I don’t recommend it for Christians. It simply reveals that Mike Murdock is a bottom feeder, fornicator, liar and user, etc. I wonder why the Lambs are such good friends with him. Are they ignorant of his lifestyle at home, or do they not care. I wonder, are the Lambs hypocrites, or are they simply two who have wandered from the cross.

  2. Forward says:

    you are right, there is more to come as this goes on, sorry to say.

  3. Pingback: Hawkins v. Daystar inches through the court system – Bene Diction Blogs On | AnythingGospel News

  4. RedSeaCrosser says:

    I’m dumbfounded by the term used by Daystar’s lawyers used to explain why Daystar shouldn’t be punished for their sins…they said Daystar has “Ecclesiastical Immunity” (and declare the TV Network to be a church)…which is like saying…”my behind doesn’t stink.” Hey, a seven-year affair STINKS…and sexual harrassment STINKS. Here’s a scripture they must have overlooked: I Peter 4:17 …judgment must begin at the house of God…

  5. Bene D says:

    The ecclesiastical immunity request is a real corker.
    Fisher’s response is understandably exasperated.

    He seems to run circles around the Daystar defense team.

    The trial is set for July 26, 2011. I cannot believe Daystar is going to go into open court.

    Do you know when the other two – Falcon v. Daystar and Thompson v. Daystar are scheduled?

    I’m curious as to why a mandamus was filed.

  6. hawk says:

    a lot of back and forth. what’s going on with the other cases with them?

  7. Bene D says:

    hawk – I don’t know. I don’t have access to the other cases

  8. hawk says:

    They are trying to prove they are a church? what does that mean?

  9. Susan says:

    It means a lot of time, money and energy may be poured into one big mess. Just who wins here? That question will be answered, but the answer may not be favorable for any of those involved, unless…..time will tell.

  10. hawk says:

    marcus said on Tv a week or so ago when pastor mark crow was on as a guest that he was not a pastor and has never been a pastor but that show was not replay that evening as they usually do.

  11. farward says:

    what is going on with this suit now? Is it still going or did they settle?

  12. Bene Diction says:

    It is still going forward as far as I can tell – the argument against ecclesiastical immunity was submitted, the mediator salary was approved. Another amended petition for trial by jury has been submitted by the plaintiff (Hawkins). A plea to the Jurisdiction has been submitted and a hearing scheduled for July 11/11. If I understand the definition properly, Daystar is asking for a hearing about the courts authority to decide the action coming before it.

  13. farward says:

    several more items there on the public files now.

  14. Bene Diction says:

    Thanks.

  15. forward says:

    what does all that mean?

  16. forward says:

    When is the court date?

  17. Bene Diction says:

    Hi forward:

    Pre trial back and forth lawyer stuff is still going on. Venue, confidentiality etc. You can access the court documents – the case number is DC1015408. The mediator has filed, it looks like both parties reached an impasse, there is still a side thing going on with a petition before another court.

    No date set that I am aware of.

  18. Bene D says:

    Court date for the Hawkins suit is December 6, 2011.

    The countersuit filed by Daystar against Hawkins, Thompson and Falcon is under a temporary injunction which I take to mean that it is not to proceed until this case is settled or the court lifts the injunction.

  19. forward says:

    it would be like going to court for the same thing twice. Everything can be done by one court. why make twices.

  20. forward says:

    If they prove that Daystar is church, which I believe they can then what?

  21. Bene Diction says:

    If Daystar ‘proves’ it is a church, the case is tossed as far as I understand it.

  22. Oak says:

    What happened at the July 11th trial? Maybe it was cancelled or rescheduled? How do I find updates on this? The rest of the media is pretty quiet. When I search for updates all I get are the initial reports.

  23. BD says:

    Hi Oak:

    I don’t suppose media is covering this because at this stage it’s lawyer and court busy-work , the ground rules for the Hawkin case in District Court.

    Nor do I know if the Daystar countersuit is still active.

    The appeals in the Supreme Court (Hawkins)
    Case # 11-0657
    http://www.supreme.courts.state.tx.us/opinions/Case.asp?FilingID=32798

    There have been several pre-trial hearings and motions in the District Court.
    Things like what information is to be kept confidential, whether Daystar could have the trial moved, and in Hawkins vs Daystar the latest is that both sides are ordered to continue mediation.

    I don’t know what the decision is on Daystar Television Network being an ecclesaistical body, which would mean they can’t be sued. If the court decides they are then, as I understand it the cases get tossed. But I don’t know if Daystar can still sue back.

    You can access the District Court – http://courtecom.dallascounty.org/pav/

    The case number is DC1015408

  24. hawk says:

    I do not understand the latest thing posted on the court site on the 14th. can you explain?

  25. Bene Diction says:

    hawk: I don’t understand it either. All I can do is try to find someone in the US who does.

  26. Bene Diction says:

    hawk:

    There is a document online now which I think explains the plea to the jurisdiction as to the Plaintiffs fraud claim (granted) and the plea to the jurisdiction as to the Plaintiffs defamation claim (denied) October 14, 2011.

    There was a two day hearing in September (Sept.26th) and the court ruled Oct. 14th.

    The new document “Requests for Findings of Fact and Conclusions of Law Regarding Ruling on Plea to the Juristicion” was filed October 24th.

    It appears that Daystar is not allowed ecclesiastical immunity partially because Jeanette Hawkins was hired as a Marketing Dirctor, did not have ministerial duties and the terms of employment were misrepresented. (This is an employment case) Hence granting of fraud.
    The defamation claim (what the Lambs did after they were approached by lawyer James Fisher (their TV show, Good Morning America, Dr. Phil etc) was not granted.

    There are four conclusions of law summarized at the end of the document.
    So part of the claims in the case can go forward, if this isn’t settled in mediation.

    That’s how I’m reading it and I certainly stand to be corrected. How are you reading it?

  27. hawk says:

    Interesting, I must read it again very slowly. its still a little confusing

  28. hawk says:

    It states that the court grants jurisdiction as to plaintiff fraud claim then ordered it dismissed with prejudice but the lawyers came back on the 24th and asked the judge how he came to his conclusion on who he granted on and denied the other. it is a little confusing to me at this time. Did Daystar get a victory or did the Plaintiff at this point of the suit?

  29. seafood says:

    Is the trial date being moved?

  30. Bene Diction says:

    It looks like it’s been moved to March from December – if the request is granted and I don’t see why it wouldn’t.

  31. seafood says:

    on Tuesday november 29th, Marcus said he pastors the Daystar Church. He said this right before the third video they showed. How does Daystar constitute a church?

  32. seafood says:

    explain nonsuit with prejudice? filed on the 6th of December .

  33. Bene Diction says:

    As I understand it, the plaintiff (Hawkins) is withdrawing the law suit. With prejudice means it won’t be refiled.

  34. StillAChristian says:

    Why in the world did Hawkins withdraw her lawsuit?

    This is shocking and extremely disappointing, to me.

    Did Daystar and the Lambs give her some money (settle the lawsuit with her)?

  35. StillAChristian says:

    Are the other lawsuits against Daystar still going forward?

    I sure hope so.

    The truth about Daystar and the Lambs needs to be widely publicized.

  36. StillAChristian says:

    Okay; I just looked at the latest Court filings.

    It is very clear from those that Marcus and Joni Lamb settled with Hawkins but they did so in an extremely quiet, almost secret manner!

    Those Lambs are sneaky, dishonest and disgusting. I hope that they had to pay out millions of dollars in this settlement.

    Whatever happened to Marcus Lamb’s vow to fight and to never pay “God’s money” to his so-called “blackmailers”?

  37. StillAChristian says:

    Daystar and Charisma Magazine are claiming that the three lawsuits against Daystar were dropped and that the women did not receive any money, at all. However, the Texas Court documents seem to clearly state that a settlement was reached.

    Here is the link:

    http://www.charismanews.com/us/32487-marcus-lamb-daystar-vindicated-in-worker-lawsuits

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