Linda Shelton's chosen representatives

-- more info 2 b added --

Gailon Joy

Law For Business
By [U.S. Attorney General]John D. Ashcroft
Published 2001
Thomson Learning
Business / Economics/ Finance
ISBN 032406053X

Law for Business P. 29
"Embezzlement
Fraudulent conversion of property lawfully possessed


Embezzlement: Fraudulent conversion of another's property by someone in lawful possession of the property. Embezzlement requires the intent to defraud the owner of the property. Conversion here means that the defendant handles the property inconsistathntly with the arrangement by which he or she has possession of it. Since many businesses rely on employees to receive payments and make disbursements, embezzlement is often a crime against a business..

FACTS:
Gailon A. Joy owned Credit management Services Corp., (CMS), a debt collection agency. When CMS made a collection, it would deposit the money in Barre, Vermont. CMS also had it's own separate account. However, CMS began transferring fund from the Barre account to it's own account to cover it's expenses. CMS received a collection for Stacey Fuel and Lumber Co., but never even told Stacey the money had been collected. A year later CMS filed for Bankruptcy. The State charged Joy with the crime of embezzling the collection made for Stacey. Joy claimed he intended to repay the money.

Outcome:
The Court upheld Joy's conviction, saying an intent to repay was irrelevant.
--State v. Joy, 549A.2d 1033 (VT)

"

Gregory Matthews

info 2 b added



Bob Pickle

Info 2 b added

The Lawsuit -- 3ABN's Accusers served - Monday, April 30, 2007

Previously published by the accusers on the Blacksda and Maritime forums, and by the litigants themselves on the Save3ABN (not) website.

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

Three Angels Broadcasting Network, Inc., an Illinois non-profit corporation, and Danny Lee Shelton, individually, Plaintiffs, v. Gailon Arthur Joy and Robert Pickle, Defendants.

Case No. ______________________

---

PLAINTIFFS' COMPLAINT

---

Three Angels Broadcasting Network, Inc. (hereinafter "3ABN") and Danny Lee Shelton
(hereinafter "Shelton") (hereineafter collective "Plaintiffs"), as and for their Complaint against
Defendants Gailon Arthur Joy (hereinafter "Joy") and Robert Pickle (hereinafter "Pickle")
(hereinafter collectively "Defendants") do hereby state and allege as follows:

 

NATURE OF THE ACTION

1.

This action arises under the trademark laws of the United
States, namely Title 15 of the United States Code (15 U.S.C.
§1051 et seq.) and Title 17 of the United States Code (17 U.S.C.
§501 et seq.), and under state and federal common law and is
for trademark infringement, trademark dilution, defamation, and
intentional interference with advantageous economic prospective
business advantage.

[page 2]

PARTIES

2.

Plaintiff Three Angels Broadcasting Network, Inc. is a non-profit
corporation organized and existing under the laws of the state
of Illinois, with its principle place of business located at
3391 Charley Good Road, West Frankfurt, Illinois 62896.

3.

Individual Plaintiff Danny Lee Shelton is a resident of Illinois
and is the current President of Plaintiff Three Angels Broadcasting
Network, Inc.

4.

Defendant Gailon Arthur Joy is a resident of Sterling, Massachusettes.
Joy is the register of the internet domain name "save3abn.com"
and, upon information and belief, is the host, author, and webmaster
of the internet web sites "www.save3abn.com" and "www.save3abn.org."

5.

Defendant Robert Pickle is a resident of Halstad, Minnesota.

JURISDICTION

6.

This court has original subject matter jurisdiction over this
matter pursuant to 15 U.S.C. §1121 as an action arising under
the Federal Trademark Act and pursuant to 28 U.S.C. §1338 as
an action arising under an Act of Congress related to copyright
and trademark. This court also has subject matter jurisdiction
over this matter pursuant to 28 U.S.C. §1332 as an action where
the matter in controversy is between citizens of different states
and the amount in controversy exceeds $75,000 (exclusive of costs
and interest).

7.

The Court has personal jurisdiction over Defendant Joy as
he is a resident of the District and State of Massachusetts.
The Court has personal jurisdiction over Defendant Pickle as
he has purposefully availed himself of the jurisdiction of this
Court pursuant to the Massachusetts Long Arm statute and the
United States Constitution.

[page 3]

VENUE

8.

Venue in this District is proper pursuant to 28 U.S.C. §1391
because it is the judicial district where one or more of the
Defendants resides and because it is a judicial district in which
a substantial part of the events giving rise to Plaintiffs' claims
and causes of action occurred.

FACTUAL ALLEGATIONS RELEVANT TO ALL COUNTS

Three Angels Broadcasting

9.

Founded in 1985 and incorporated in 1986, 3ABN is an Illinois
non-profit corporation, the primary business of which is to operate
and manage a Christian television and radio broadcast ministry.
Plaintiff Shelton was an original founder of 3ABN and has been
continuously involved in the ministry and its operations since
its inception. Today, Shelton serves as President of 3ABN and
is one of 3ABN's on-air ministry and music presenters.

10.

Although many of 3ABN's employees and volunteers, including
Plaintiff Shelton, are members of the Seventh-Day Adventist faith,
3ABN is a non-denominational Christian ministry which is not
owned by, affiliated with, or financed by any specific church,
denomination, or organization.

11.

3ABN, whose ministry focus is "Mending Broken People," offers
a broad, Christ-centered slate of programming for adults and
children that includes both spiritual (worship, Bible study,
inspirational music) and lifestyle (health, cooking, smoking
cessation) presentations.

12.

Since its inception, Shelton and 3ABN have worked tirelessly
to promote 3ABN's ministry and to spread its unique, non-denominational
"Return to God" message. For over two decades, 3ABN has spent
countless hours and hundreds of thousands of dollars publicizing
itself through print and broadcast advertisements, special live
events, direct-mail campaigns, and

[page 4]

group presentations. While building a successful worldwide
ministry, Plaintiffs have also successfully built considerable
name recognition and goodwill for themselves and for their moniker
"3ABN."

13.

Today, 3ABN is one of the larger Christian networks in North
America and, operating from its headquarters and primary production
facility in West Frankfort, Illinois, 3ABN broadcasts 24-hour
television and radio programming through a global satellite network
with potential viewers and listeners well into the millions.
In support of its global ministry, 3ABN also operates a production
facility in Nizhny Novogorod, Russia, and television facilities
in the Philippines and New Guinea.

14.

As a provider of religious, spiritual and ministerial program
services, 3ABN depends upon its reputation for theological integrity,
operational capability, and financial soundness, in order to
attract new viewers and listeners, retain current viewers and
listeners, and sustain financial support for the ministry. 3ABN
relies extensively and almost exclusively on the donations of
viewers and supporters for its continued operation.

3ABN's Trademarks

15.

To protect its rights and goodwill, 3ABN has registered "3ABN"
and "Three Angels Broadcasting Network" as trademarks with the
United States Patent and Trademark Office.

16.

On October 19, 2004, Registration No. 2895078 (Classes 009,
016, 038, and 041) on the Principal Register of the U.S. Patent
and Trademark Office, was duly and legally issued to Three Angels
Broadcasting Network, Inc. for the mark 3ABN, claiming a date
of first use of January 1985, as applied to "(a) videocassettes,
audio cassettes and compact disks on which are recorded video
and audio programs in the fields of religion, health, nutrition,
education, family

[page 5]

life, and programs directed to children and teenagers;" (b)
"books, magazines and newsletters featuring the subjects of religion,
health, nutrition, education, family life, and subject matter
directed to children and teenagers;" (c) "radio and television
broadcast services, satellite broadcasting services, information
services provided on a global computer network in the nature
of lectures, sermons, articles and study materials in the field
of religion, health, nutrition, education, family, life, and
subject matter directed to children and teens;" and (d) "production
and distribution of radio and television programming for broadcast
and audio and video programming for release on a global computer
network and directly to the public." A copy of the Certificate
of Registration is attached hereto as Exhibit A.

17.

On May 25, 2004, Registration No. 2844695 (Class 09) on the
Principal Register of the U.S. Patent and Trademark Office, was
duly and legally issued to Three Angels Broadcasting Network,
Inc. for the mark Three Angels Broadcasting Network, claiming
a date of first use of January 1985, as applied to "prerecorded
video cassettes and audio cassettes featuring musical performances,
sermons, lectures, and interviews in the fields of religion,
health, education and family life; and prerecorded compact disks
and digital video disks featuring musical performances, sermons,
lectures and interviews in the fields of religion, health, education
and family life." A copy of the Certificate of Registration is
attached hereto as Exhibit B.

18.

On March 23, 2004, Registration No. 2825028 (Class 016) on
the Principal Register of the U.S. Patent and Trademark Office,
was duly and legally issued to Three Angels Broadcasting Network,
Inc. for the mark Three Angels Broadcasting Network, claiming
a date of first use of January 1985 as applied to "books, magazines,
newsletters, pamphlets all in the fields

[page 6]

of religion, health, education, and family life." A copy of
the Certificate of Registration is attached hereto as Exhibit
C.

19.

On April 20, 2004, Registration No. 2834345 (Class 038) on
the Principal Register of the U.S. Patent and Trademark Office
was duly and legally issued to Three Angels Broadcasting Network,
Inc. for the mark Three Angels Broadcasting Network, claiming
a date of first use of January 1985 as applied to "radio and
television broadcasting services, satellite broadcasting services."
A copy of the Certificate of Registration is attached hereto
as Exhibit D.

20.

On June 28, 2005, Registration No. 2963899 (Class 041) on
the Principal Register of the U.S. Patent and Trademark Office,
was duly and legally issued to Three Angels Broadcasting Network,
Inc. for the mark Three Angels Broadcasting Network, claiming
a date of first use of January 1985 as applied to "production
of radio and television programs; distribution of radio and television
programs for others; programming, namely, scheduling of audio
and video programs on a global computer network; television and
radio programming." A copy of the Certificate of Registration
is attached hereto as Exhibit E.

21.

The registration of the marks set forth in paragraphs 16 through
20 (hereinafter collectively referred to as "3ABN Marks") constitute
prima facie evidence of 3ABN's exclusive right to use and register
the 3ABN Marks or any colorable imitations thereof.

22.

As a consequence of 3ABN's continuous and widespread global
use, promotion, and marketing of the 3ABN Marks, 3ABN has acquired
substantial and protectable goodwill in such Marks. 3ABN has
also extensively used and advertised the 3ABN Marks for decades,
making the 3ABN Marks instantly recognizable to the public consumer
as symbols of 3ABN's ministry, message, programming, broadcasting,
and audio-visual products.

[page 7]

3ABN's Trademark on the Internet

23.

In conjunction with the provision of information services
on the global computer network, 3ABN also has a considerable
presence on the World Wide Web, with its primary website at "www.3abn.org"
(North America) and secondary web sites at "www.3abnaustralia.org.au"
(Australia) and "www.3angels.ru" (Russia). These web sites offer
pastoral support (prayer requests, online Bible study, etc.),
streaming audio and video programs, and information about 3ABN's
mission and operations. Visitors can also use the 3ABN website
to purchase 3ABN-produced inspirational books and music recordings
and to make financial donations to the ministry.

24.

In further protection of its trademarks and use of the 3ABN
Marks on the internet, 3ABN has also registered over three dozen
internet domain names, all of which contain Plaintiffs registered
"3ABN" trademark, including but not limited to the following:

3ABN.com

3ABN.org

3ABN.tv

3ABNtelevision.com

3ABNradio.com

3ABNmusic.com

3ABNbooks.com

3ABNtv.com

3ABNtv.org

Defendant's Website

25.

In January 2007, 3ABN discovered that Defendant
Joy had registered the domain name "save3ABN.com" with NamesDirect.com,
Inc. (hereinafter "Infringing Domain"). A copy of the registration
information for the domain name is attached hereto as Exhibit
F.

[page 8]

26.

In March, 2007, 3ABN discovered that Defendant Joy
had registered the domain name "save3ABN.org" with NamesDirect.com,
Inc. (hereinafter "Directing Domain"). A copy of the registration
information for the domain name is attached hereto as Exhibit
G.

27.

Defendants have constructed and published a website
at the Infringing Domain URL that contains information antithetical
to 3ABN's message. Specifically, the website, "www.save3abn.com"
(hereinafter "Infringing Website"), which is registered to Defendant
Joy, contains gross misstatements of fact concerning 3ABN's actions
and operations, contains baseless and untrue allegations of criminal
conduct by the organization, and disparaging characterizations
of 3ABN and its broadcast network.

28.

Defendants have also imbedded the Infringing Website
with metatags "3ABN," "3-ABN," and "Three Angels Broadcasting
Network" (hereinafter "Infringing Metatags"), which are words
and phrases utilized by internet users' search-engines to find
and locate websites that use the 3ABN Marks.

29.

Defendants have also registered the domain name
"www.save3ABN.org," (hereinafter "the Directing Website") and
use the Website at that URL to direct visitors to the "www.save3ABN.com"
website.

30.

The Infringing Website also contains an unauthorized
embedded copy of a copyrighted 3ABN broadcast, which visitors
can either launch and watch while on the Infringing Website or
duplicate by copying the program, via electronic download, from
the Infringing Website.

31.

The Infringing Domain, Infringing Website, Directing
Website, and Infringing Metatags incorporate a trademark that
Three Angels Broadcasting Network, Inc. has continuously used
for over twenty years in connection with its ministry, broadcasts,
and related

[page 9]

audio and video products. Notwithstanding the reputation
and goodwill represented by the 3ABN Marks, and Defendants' awareness
thereof, and, upon information and belief, precisely because
of said awareness, Defendants (a) willfully registered, used,
and plan to continue using the Infringing Domain, and (b) willfully
used and plan to continue to use the Infringing Website, Directing
Website, and Metatags.

32.

The registration and/or the use and planned use
of the Infringing Domain, Infringing Website, Directing Website,
and Infringing Metatags by the Defendants have been without 3ABN's
consent or authorization.

33.

The registration and/or the use and planned used
of the Infringing Domain, Infringing Website, Directing Website,
and Metatags by the Defendants have caused and are likely to
cause confusion and mistake in the minds of the public and, in
particular, tends to and in fact does deceivingly and falsely
create the impression that the Infringing Domain, and the content
therein, are affiliated with and authorized, sponsored, or approved
by 3ABN.

34.

Not only would persons familiar with the 3ABN Marks
be likely to believe that the Infringing Domain and Infringing
Website originate with and are sponsored by 3ABN, but any such
confusion could seriously injure 3ABN to the extent that the
content of the Infringing Website located at the Infringing Domain
negatively reflects upon the reputation, goodwill and character
established by 3ABN for its ministry, broadcast, and corporation
over the past 22 years. Because of the confusion engendered by
Defendants' unauthorized uses of the 3ABN Marks, 3ABN's valuable
goodwill with respect to its trademarks is jeopardized by Defendants.

35.

The registration and/or the use and planned use
of the Infringing Domain by Defendant has been deliberate, designed
specifically to trade upon the enormous goodwill and familiarity
of the 3ABN Marks, in order to lure the public to a site that
disparages and defames

[page 10]

the organization. 3ABN's use of the 3ABN Marks predates
any use Defendant may have made in connection with the term "3ABN."

36.

The registration and/or the use and planned use
of the Infringing Domain, Directing Website, and Infringing Metatags
by the Defendant has been deliberate, designed specifically to
trade upon the enormous goodwill and familiarity of the 3ABN
Marks in order to wrongfully identify Plaintiff as the source
of the Infringing "www.save3abn.com" Website.

37.

On or about January 30, 2007, 3ABN demanded in writing
that Defendants cease and desist from, among other things, all
unauthorized use of the 3ABN Marks, including but not limited
to the Infringing Domain and Infringing Website. Defendants have
to date failed and refused to comply with the demands of that
cease and desist letter.

Defendants' Conspiratorial Conduct

38.

Upon information and belief, Gailon Joy and Robert
Pickle are members of the Seventh Day Adventist Church and met
former 3ABN director and employee Linda Shelton through their
common religious affiliation.

39.

Upon information and belief, Linda Shelton has communicated
to Gailon Joy and Robert Pickle statements critical of 3ABN,
its board of directors, its officers and/or its employees for
them to publish as her agents.

40.

Upon information and belief, Gailon Joy and Robert
Pickle desire to see Linda Shelton reinstated as an employee
and director at 3ABN and intend to discredit and damage the ministry
as a means of facilitating Linda Shelton's reinstatement.

41.

Gailon Joy and Robert Pickle are visitors and frequent
participants in various websites and chat rooms that are frequented
by members of the Seventh-Day Adventist Church, where Defendants
have, by electronic posting, published numerous statements related
to 3ABN

[page 11]

and Danny Shelton. Joy also operates a website at
"www.save3ABN.com" where he has also published numerous statements
related to 3ABN and Danny Shelton. Joy also operates a website
at "www.save3ABN.org" where he directs visitors to the "www.save3ABN.com"
website.

42.

Gailon Joy and Robert Pickle have, upon information
and belief, conspired, and colluded to enable, facilitate, encourage,
and promote the publication and dissemination of defamatory,
disparaging, and slanderous statements regarding 3ABN and its
President Danny Shelton at the internet website "www.save3ABN.com,"
and other internet websites, wherein numerous false statements
regarding 3ABN and its President Danny Shelton have been published
by Defendants.

43.

Defendants have participated in this conspiracy
by jointly authoring many or all of the published statements
on "www.save3ABN.com" and by jointly authoring statements published
by one or both of them on websites frequented by members of the
Seventh-Day Adventist Church, such as "www.blacksda.com," "www.maritime-sda-online.org,"
"www.christianforum.com," and the Yahoo Prophecy Board forum.

44.

Defendants have also participated in this conspiracy
by jointly marketing, advertising, and promoting the "www.save3ABN.com"
website, which they have done by posting electronic links to
the website on numerous bulletin boards and websites frequented
by members of the Seventh-Day Adventist Church, by mailing advertising
postcards to Seventh-Day Adventist Churches across the United
States directing Church Members to the "www.save3ABN.com" website,
and by encouraging Internet users to visit the "www.save3ABN.com"
website to "learn the truth" about 3ABN and its President Danny
Shelton.

[page 12]

45.

Defendants have also participated in this conspiracy
by each disseminating, distributing, and reprinting the other's
published statements.

Defendants' Untrue Statements

46.

Gailon Joy and Robert Pickle have published numerous
untrue statements that 3ABN and its President Danny Shelton have
committed financial improprieties with donated ministry funds.
Among those untrue statements made by Joy and Pickle are, inter
alia, that:

a.

For the last several years, the international television
ministry known as Three Angels' Broadcasting Network (3ABN) has
found itself beset by a growing number of moral, ethical, and
financial allegations. Despite the serious nature of these allegations,
repeated calls for investigation, reform, and accountability
have gone unheeded by its officers and directors.

b.

Danny Shelton purchased a 3-year-old van using 3ABN
funds, then sold the van to a member of his family for just $10.00.

c.

Danny Shelton purchased new furniture with 3ABN
funds, put the new furniture in his residence, and put the old
furniture from his residence on the 3ABN television set.

d.

Danny Shelton used 3ABN funds to purchase used furniture
from his sister, Tammy Chance, at nearly new prices (enabling
Ms. Chance to buy brand new furniture for her home), for use
in a 3ABN guest house, but, instead of putting the used furniture
in the 3ABN guest house, Mr. Shelton gave the furniture to yet
another family member and used 3ABN funds to purchase brand new
furniture for the guest house.

e.

The 3ABN Board of Directors has failed in its responsibility
to oversee and manage 3ABN's financial assets.

[page 13]

f.

Danny Shelton laundered money through 3ABN donations
to Cherie Peters, in order to make payments that had been expressly
prohibited by the 3ABN Board of directors.

g.

3ABN Board members have personally enriched themselves
as officers and directors of 3ABN in violation of the Internal
Revenue Code.

h.

Danny Shelton wrongfully withheld book royalties
from 3ABN and refused to disclose those royalties in proceedings
before a court of law related to the distribution of marital
assets.

i.

Danny Shelton has directed 3ABN Chief Financial
Officer Larry Ewing to not answer questions concerning Danny
Shelton's personal finances, expenses, bonuses or book royalties
in a Family Court proceeding, which was initiated by Linda Shelton
regarding division of marital assets and that Mr. Ewing has complied
and refused to answer questions posed to him by the Court.

j.

Danny Shelton has used the 3ABN corporate plane for personal uses.

k.

Danny Shelton spent $600,000 of 3ABN funds for radio
station WDQN without Board approval and paid in excess of its
fair market value, which was only $250,000.

47.

Each and every one of the statements set forth above
is false and Defendants published them with malice, either knowing
them to be false or with wanton and reckless disregard for the
truth or falsity of the statements.

48.

Gailon Joy and Robert Pickle have published numerous
untrue statements that 3ABN and its President Danny Shelton have
committed administrative and operational improprieties at 3ABN
and that the organization is not properly or competently managed
by its

[page 14]

managers, officers, and directors. Among those untrue
statements made by Defendants are, inter alia, that:

a.

3ABN engages in nepotism in the hiring and firing of staff.

b.

3ABN violated the Federal Equal Opportunity Act
by taking adverse employment actions against two whistle-blower
employees of 3ABN's Trust Services division.

c.

The 3ABN Board of Directors has failed in its responsibility
to oversee the governance and administration of the organization.

d.

Danny Shelton and 3ABN would not permit an ecumenical
Seventh-Day Adventist-related, fact-finding tribunal proposed
and directed by Adventist-laymen's Services and Industries ("ASI")
to investigate all allegations related to the ministry and confined
the tribunal to only those allegations involving Linda Shelton's
removal and the Shelton's' divorce.

49.

Each and every one of the statements set forth above
is false and Defendants published them with malice, either knowing
them to be false or with wanton and reckless disregard for the
truth or falsity of the statements.

50.

Gailon Joy and Robert Pickle have made numerous
published untrue statements that 3ABN and its President Danny
Shelton acted without grounds in removing Linda Shelton from
the 3ABN Board of Directors, that Danny Shelton had no grounds
for divorcing Linda Shelton, that 3ABN and Danny Shelton conspired
to hide evidence and information concerning the removal and divorce,
and that 3ABN and Danny Shelton have lied and made otherwise
purposeful misstatements concerning the Shelton's' divorce and
Danny Shelton's remarriage. Among those untrue statements made
by Defendants are, inter alia, that:

[page 15]

a.

Danny Shelton and ASI conspired to exclude Gailon
Joy from participating in a fact-finding tribunal regarding Linda
Shelton's divorce and removal from 3ABN.

b.

Danny Shelton and ASI conspired to prevent various
allegations and issues from being included in the fact-finding
tribunal.

c.

It was Danny Shelton that participated in an extra-marital
affair by becoming "involved" in "after hours activities" with
3ABN employee Brenda Walsh.

d.

During his marriage to Linda Shelton, Danny Shelton
had several inappropriate extra-marital relationships, of which
3ABN staff and board members were aware.

e.

Danny Shelton was preparing to divorce Linda Shelton beginning in 2003.

f.

Danny Shelton conducted an inappropriate relationship
with from August 2004 until they were married in 2006, and 3ABN's
officers and directors were aware of the relationship.

g.

Danny Shelton lied by claiming to have joint title
with Linda Shelton to a Toyota Sequoia automobile.

h.

The 3ABN board of directors had no authority to
authorize Danny Shelton's adulterous marriage or to allow his
continued employment by and direction of 3ABN.

i.

Danny Shelton perjured himself through the course
of court proceedings relating to his divorce from Linda Shelton.

51.

Each and every one of the statements set forth above
is false and Defendants published them with malice, either knowing
them to be false or with wanton and reckless disregard for the
truth or falsity of the statements.

[page 16]

52.

Defendants' conduct as heretofore set forth evidences
a malicious and purposeful campaign of defamation, slander, and
disparagement intended and designed to embarrass, discredit,
and defame 3ABN and its President Danny Shelton and to vitiate,
dishonor, and impair the reputation and goodwill of 3ABN and
its President Danny Shelton.

CAUSES OF ACTION

COUNT I: Infringement of Trademark (15 U.S.C. § 1114)

53.

Plaintiffs restate and reallege Paragraphs 1 through
52 above, and hereby incorporate them by reference, as though
fully set forth herein.

54.

Plaintiff 3ABN is the creator and proper owner and
holder of the trademarks "3ABN" and "Three Angels Broadcasting
Network" and has registered the same with the United States Patent
and Trademark Office.

55.

Defendant Joy has used Plaintiff 3ABN's Marks in
the registered domain names "save3abn.com" and "save3abn.org."

56.

Defendant Joy has used Plaintiff 3ABN's Marks in
the internet websites "www.save3abn.com" and "www.save3abn.org."

57.

Defendant Joy has used Plaintiff 3ABN's Marks in
the embedded metatags "3ABN," "3-ABN," and "Three Angels Broadcasting
Network" on the Infringing Website.

58.

Defendant Joy has used Plaintiff 3ABN's Marks in
commerce in connection with 3ABN's provision of ministerial and
informational services.

59.

Defendant Joy's use of Plaintiff 3ABN's Marks is
without Plaintiffs' authorization, permission, or license, and
does not otherwise constitute a permissible use.

[page 17]

60.

Defendant Joy's use of 3ABN's Marks has been willful
and deliberate, designed specifically to trade upon the enormous
goodwill associated with 3ABN and its 3ABN Marks.

61.

Defendant Joy's unauthorized use of 3ABN's Marks
is likely to lead the public to believe the Infringing Website
is associated with, sponsored by, related to, affiliated with,
or originates with 3ABN when, in fact, it is not.

62.

Plaintiff has been damaged by Defendant Joy's infringement
of its "3ABN" Marks, in an amount to be proven at trial, and
is entitled to treble damages, costs, and attorneys' fees, pursuant
to 15 U.S.C. §1117.

63.

3ABN's goodwill is of enormous value, and 3ABN will
suffer irreparable harm should Defendant Joy's infringement be
allowed to continue to the detriment of 3ABN's reputation and
goodwill.

64.

Defendant Joy's infringement will continue unless
enjoined by this Court and with respect to these continuing violations,
Plaintiff has no adequate remedy at law and is therefore entitled
to injunctive relief.

 

COUNT II: Dilution of Trademark (15 U.S.C. §1125(c)

65.

Plaintiff restates and realleges Paragraphs 1 through
64 above, and hereby incorporates them by reference, as though
fully set forth herein.

66.

Through Plaintiff 3ABN's extensive use of the 3ABN
Marks to identify its broadcast ministry, through Plaintiffs'
development of goodwill surrounding the Marks by its successful
operation and expansion of the broadcast ministry, and through
Plaintiffs' promotion and marketing efforts utilizing the Marks,
the 3ABN Marks are now recognized worldwide as symbols of a dedicated,
principled, Christ-centered ministry that is theologically faithful,

[page 18]

operationally sound, and financially conscientious.
3ABN's Marks are famous marks of inestimable value to 3ABN and
are relied upon by the public in distinguishing 3ABN from other
ministries, broadcasters, and recording producers.

67.

After the 3ABN Marks had become famous, Defendant
Joy willfully intended to trade upon 3ABN's reputation and the
fame of its Marks by using the Marks in the Infringing Domain,
Infringing Website, Directing Website, and Infringing Metatags.

68.

The use and planned use of the 3ABN Marks by Defendant
Joy has tarnished and disparaged, and thereby diluted, and is
likely to continue to tarnish, disparage, and thereby dilute,
the distinctive quality of and goodwill associated with the Marks.

69.

Defendant Joy's willful dilution of 3ABN's Marks
has injured Plaintiff in an amount to be proven at trial.

70.

3ABN's trademarks are of enormous value, and 3ABN
will suffer irreparable harm should Defendant Joy's trademark
dilution be allowed to continue to the detriment of 3ABN.

71.

Defendant Joy's dilutive activities will continue
unless enjoined by this Court and, with respect to these continuing
violations, 3ABN has no adequate remedy at law and is therefore
entitled to injunctive relief.

 

COUNT III: Defamation

72.

Plaintiffs restate and reallege Paragraphs 1 through
71 above, and hereby incorporates them by reference, as though
fully set forth herein.

73.

Defendants have made numerous false statements of
fact with regard to both 3ABN and its President Danny Shelton.

[page 19]

74.

Defendants have published those statements on the
Internet and at the website "www.save3ABN.com" and have thereby
communicated those false statements to someone other than the
Plaintiffs.

75.

Defendants' false statements refer to Plaintiffs'
trade, business and profession, contain false accusations of
the commission of a crime by both Plaintiffs, and impute serious
misconduct to Plaintiffs 3ABN and Danny Shelton and are therefore
defamatory per se.

76.

Defendants' false statements were purposefully and
maliciously designed and made to embarrass, discredit, and defame
3ABN and its President Danny Shelton and to vitiate, dishonor,
and impair the reputation and goodwill of 3ABN and its President
Danny Shelton.

77.

Defendants' false statements have tended to and
have in fact harmed the reputation and goodwill of both 3ABN
and its President Danny Shelton, and have served to lower 3ABN
and President Danny Shelton in the estimation of the community.

78.

As a direct and proximate result of the damage done
to Plaintiffs' reputations by Defendants' defamatory and disparaging
statements, viewers have ceased support of the ministry and donors
have reduced or stopped donations to 3ABN.

COUNT IV: Intentional Interference With Advantageous Economic Relations

79.

Plaintiffs restate and reallege Paragraphs 1 through
78 above, and hereby incorporate them by reference, as though
fully set forth herein.

80.

Defendants have made numerous false statements of
fact with regard to both 3ABN and its President Danny Shelton.

81.

Defendants have published those statements in an
effort to discredit 3ABN and its President Danny Shelton and
in order to cause present and prospective viewers and donors
to the ministry to discontinue their financial support of the
ministry.

[page 20]

82.

Defendants have intentionally interfered, tortiously
and/or with improper motive or means, with 3ABN's present and
prospective advantageous economic relationships with viewers
and donors.

83.

As a direct and proximate result of Defendant's
actions, viewers and donors have discontinued their financial
support of the ministry.

JURY DEMAND

Plaintiff hereby demands a trial by jury for all issues so triable.

 

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully pray:

1.

That judgment be entered in favor of Plaintiffs
and against Defendants for all claims in Plaintiffs' Complaint
on the grounds that Defendants have knowingly and willfully infringed
upon and diluted Plaintiffs' trademarks, have willfully and maliciously
defamed plaintiffs, and have willfully and intentionally interfered
with Plaintiffs' advantageous economic relations.

2.

That a permanent injunction issue restraining Defendants,
their agents, successors, assigns and all others in concert and
privity with Defendants, from infringing on 3ABN's Marks and
dilution of 3ABN's Marks.

3.

That a permanent injunction issue restraining Defendants,
their agents, successors, assigns and all others in concert and
privity with Defendants, from using the 3ABN Marks in any internet
domain name, internet website name, or internet website metatags.

4.

That a permanent injunction issue restraining Defendants,
their agents, successors, assigns and all others in concert and
privity with Defendants, from using the Infringing Domain, Directing
Domain or the Infringing Website.

5.

That Defendant Joy be ordered to immediately surrender
the Infringing Domain and transfer registration of the Infringing
Domain and Directing website to Plaintiff 3ABN, completing all
paperwork necessary to transfer and paying all fees and costs
associated with transfer of the domain registration.

6.

That Defendants be ordered to immediately remove
from all print and electronic publications the false statements
of fact alleged herein and otherwise established at trial.

7.

That Defendants be ordered to immediately publish
a retraction of the false statements of fact alleged herein and
otherwise established at trial, and to publish that retraction
in the same forms and forum and to the same general and specific
audience as the false statements were originally made.

8.

That compensatory damages be awarded to Plaintiffs
in an amount to be determined at trial, but in no event less
than $75,000 (exclusive of costs and interest).

9.

That statutory damages be awarded Plaintiffs in
an amount to be determined at trial.

10.

That Plaintiffs be awarded all costs and fees, including
attorneys' fees, incurred in the prosecution of this action.

11.

That Plaintiffs are awarded such other and further
relief as this Honorable Court may deem just and equitable.

Dated: April   5  , 2007			FIERST, PUCCI & KANE, LLC
	By:		[signed]     J.P.P.
			John P. Pucci, BBO# 000000 J. Lizette Richards, BBO#000000 64 Gothic Street Northampton, MA 01060 Tel:   413-000-0000 Fax:   413-000-0000

Cease and Desist letter -dated Jan 30, 2007

Despite the letter specifically stating it was a legal communication not to be published, one of Linda Shelton's representatives, Gregory Matthews, published the letter on BSDA, shortly thereafter her other two representatives, Gailon Joy, and Bob Pickle, also published a scanned copy (shown above) on the "save3ABN" website.

Gregory Matthews on Feb 2, 2007, at 07:35 AM Posted:

Mr Joy has recieved an e-mail, and he expects to shortly recieve the same mesaage by postal letter making certain demands upon him, and that raised the potential that he will become the subject of a lawsuit.

I am posting that message here....

Here is the message:

"Law Offices SIEGEL, BRILL, GREUPNER, DUFFY & FOSTER, P.A.

1300 WASHINGTON SQUARE 100 WASHINGTON AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55401

TELEPHONE [removed by this blog]
TELECOPIER [Removed by this blog]

JOSIAH E BRILL, JR
JAMES R GREUPNER
GERALD S DUFFY
WOOD R FOSTER, JR
THOMAS H GOODMAN
JOHN S WATSON
WM CHRISTOPHER PENWELL
ANTHONY J GLEEKEL
SHERRI L ROHLF
JORDAN M LEWIS*
BRIAN E WEISBERG
STEVEN J WEINTRAUTM
GREGORY SIMPSON
JAMES A YAROSH

_______

MICHAEL J VIOLA
JERRIE M HAYES
MARK THIEROFF
KRISTIN L KINGSBURY

Writer's E-Mail Address: [removed by this blog]
Writer's Voicemail Number: [removed by this blog]

January 30, 2007

Gailon Arthur Joy
3 Clinton road
Box 1425
Sterling, MA 01564

VIA E-MAIL - [e-mail address removed by GM] and CERTIFIED / RETURN RECEIPT U.S. MAILNOTICE

and

Gailon Arthur Joy
24 Clinton Road
Sterling, MA 01564
CERTIFIED / RETURN RECEIPT U.S. MAILNOTICE:

This letter Constitutes a confidential legal communication, which is not for publication. The contents of this communication are subject to common law copyright and may not be reproduced, in whole or in part, in any form or media, without the express, written permission of the author.

Gailon Arthur Joy:

This law firm represents Mr. Danny Shelton and the Three Angels Broadcasting Network, Inc. ("3ABN"), which has informed us that you are involved in the use and exploitation of 3ABN's trademarked, copyrighted name in your website, "http://www.save3abn.com/." Use of 3ABN's name without our client's license or other authorization to do so constitutes an illegal misappropriation of the same, in violation of state and federal copyright and trademark laws. Additionally, use of the phrase "3ABN" in your domain name is likely to cause confusion among the public as to the source,

[Page 2]

sponsorship or affiliation of your website, resulting in dilution of 3ABN's trademark, which is a separate and additional violation of federal law.

It has also come to our attention that you have inappropriately copied and posted a lengthy excerpt from a 3ABN broadcast on the website referred to above. This action constitutes a violation of 3ABN's exclusive copyright on all audio and video productions created by the Network and on all television transmissions of the same, and is a blatant violation of federal law. Moreover, the presence of this excerpted broadcast serves to heighten the likelihood that the public will be confused into believing that your website is somehow sponsored by or affiliated with 3ABN, which only furthers 3ABN's claim of trademark dilution.

Finally, we have been informed that you have maliciously published outrageous, highly damaging and defamatory statements about both Danny Shelton and 3ABN on this same website. These despicable statements include, but are not limited to:.

• 3ABN, through its board chairman has "admitted in writing that Danny [Shelton] had been involved in a cover up" of criminal conduct.
• Danny Shelton knowingly lied regarding a feud between Tommy Shelton and Glenn Dryden.
• 3ABN directed an attorney to use "intimidation tactics to cover up allegations of child molestation".
• Danny Shelton attempted to cover up and silence child molestation allegations.
• Danny Shelton "abuses his power" and "steam roll[s] over alleged victims of his brother Tommy's sexual misconduct."(hereinafter the "Statements").

The obvious meaning of these horrendous falsehoods is that Danny Shelton and 3ABN participated in an orchestrated effort to cover up alleged criminal conduct. The actions you falsely attribute to our clients would be a crime and, as I am sure you are aware, false accusations of criminal conduct constitute defamation per se by you.

Therefore, on behalf of Three Angels Broadcasting Network and Mr. Danny Shelton, we hereby demand that you immediately cease and desist from the use of the domain name "save3ABN.com" and that you voluntarily surrender and transfer registration of the domain to 3ABN. You are also informed and hereby notified that you are not authorized to use and are, in fact, expressly prohibited from using, Three Angel [sic.] Broadcasting Network's name, or its trademarked nominer "3ABN" in any future website domain name or URL.

We hereby also demand that you immediately remove, from any and all websites to which you have author access, including "http://www.save3abn.com/," any recorded excerpts of any 3ABN broadcasts

[Page 3]

We also hereby demand that you immediately cease and desist from the publication of false statements concerning Danny Shelton and 3ABN and that you immediately remove such statements from the "http://www.save3abn.com/" website. In the event that you receive any inquiries from any person or entity about the Statements, we demand you notify the inquiring party that you have been put on notice by Danny Shelton and 3ABN that the statements are false and defamatory.

While 3ABN is in no manner whatsoever beholden to explain itself to you, we proudly withstand the ongoing judgment of God and the continuing examination by our supporters and viewers. As evidenced both by the continued paths of ministry that God has opened at our feet and by the unwavering financial support and testimonials we receive from our supporters and viewers, we believe our ministry has more than satisfied the surveillance of both. Though it is a private enterprise, 3ABN has, for over 22 years, proudly engaged itself as a thoroughly transparent ministry, both in its message and administration. 3ABN has always invited the theological, operational, and financial scrutiny of its loyal and generous supporters and viewers. Unless constrained by legal obligations otherwise, 3ABN has provided financial and administrative information to inquiring parties and has opened its doors and offered access to independent auditors and investigative reporters. More than ever, we stand behind the legal propriety, moral correctness, intellectual honesty, financial soundness, and operational appropriateness of each and every business decision 3ABN has ever made.

As part of its commitment to passionately and effectively spread the Gospel and Good News of the Lord, 3ABN has always welcomed honest feedback, constructive criticism, and suggestions for improvement of the ministry. But its Christian commitment to the Truth will not allow 3ABN to tolerate factually unfounded allegations of impropriety, baseless and prurient gossip, inflammatory innuendo, and unjustified attacks on the organization. 3ABN does not approach such assaults as an objective effort to unmask "truth," but as the divisive and destructive work of the Enemy designed to hinder and frustrate God's work. 3ABN will not quietly resign itself to any effort to obstruct God's message.

Your reckless, willful and malicious activity must cease immediately; you proceed at your own peril. Moreover, your compliance with the demands contained in this letter does not constitute a waiver, relinquishment or abandonment of any right to remedy or enforcement, either legal or equitable, to which our clients are otherwise entitled.

Yours very truly,

Gerald S. Duffy"

Warning from D. Shelton to Gailon Joy

This was a private letter sent in reply to a letter Gailon Joy had sent to Dr Walter Thompson, chairman of the 3ABN board of directors. Gailon Joy distributed it, and excerpts from it have been published on the internet forums by the 3ABN accusers. It is presently published on Joy's website.

2 b added

Further attempts at correction

In reply to the letter from Dr. Arild Abrahamsen published by ATODAY:

Dear 3abn friends,

I have maintained from the beginning that we have not seen Linda and the doctor in bed together. If that is the only legitimate designation of adultry, then we have no proof that adultery has been involved. Dr. Abrahamsen claims in his e mail that he has "never committed adultery, (emotional, physical, "spiritual"), and neither has Linda."

If all of the things Dr. Abrahamsen talked about in his letter were true, than I would have to put some weight on this claim. Unfortunately, he has made many inaccurate statements and accusations about not only Danny, but Pastor Lomacang, Elder Denslow, Brenda Walsh, Kay Kuzma, myself and others. I know they are inaccurate because I was there to witness them. For this reason, I must question his other claims as well.


I must ask you again, is it right for a woman to spend hours at a time secretely on the phone with another man - even if as claimed, they concerned her son? - when we have good evidence that her son was a peripheral matter, if at all.

Is it right for a married woman to purchase a pregnancy test kit when she knows her husband is sterilized?

Is it OK for one's wife to make plans to visit her doctor to spent time together seeing the sights of his homeland - a trip that was later made?

And what about other travel tickets that were purchased - even though the doctor claims no contacts were made?

Is it proper for one's doctor to give his patient a nice wrist watch? Or to make a major loan of thousands of dollars?

If these things are acceptable behavior for a wife, then perhaps our board has acted improperly. If, on the other hand you would not want your spouse doing these things, then I submit that Danny has grounds for doing what he has done.

The Dr. calls Danny a psychopath. It might be understandable if a non professional person made this kind of a statement, but if Danny is anything, he definitely is not a psychopath.

The Dr. says that Linda never met with the small committee of the board. This is a blatantly false statement.

He also said pastor Lomocang did not meet with Linda "during April and May" - possibly a correct statement because Linda had already written the pastor off. He had met with both he and Linda singly and together before that). We all met with her, but I will add this. A number of other meetings were sought, but were refused, postponed or canceled by Linda.

I have a video tape of the live program in Green Bay where Linda told about her "new found friend." I don't think I ever referred to this as mind control.

Yes, we were anxious to help Linda. The letter that I sent to her by registered mail when she was no longer responding to phone calls or e mails requested her to spend a month with some counselor acceptable by both her and us. She did not respond to that letter.

The doctor has labeled statements such as these as slander and ungodly. I don't think it is slander to speak truth, and we have not done anything with the intent to hurt Linda in any way. When people have come to us with questions we have tried to respond intelligently and factually.

This letter does not speak to many of Dr. Abrahamsen's statements, but I hope I have touched on enough to demonstrate that 3abn has earnestly and honestly tried to do things right in this difficult situation.

I, for one have made every effort to follow the leading of the Spirit of God in the things I have been responsible for. I believe God's continued blessing on this ministry confirms our decisions, as difficult as they have been. For my part, I know Linda is hurting. It is not because she was not forewarned - by a number of people who cared for her. We still care about Linda and those who have sided with her in this time. All remain in my prayers.

May God give you wisdom and understanding as you come to your own conclusions about this challenge to 3ABN.

Sincerely in Jesus' precious name,
Walter Thompson MD

Info 2 b added

Kay Kuzma -- correcting the published misinformation

This letter was sent to Calvin, the owner of BSDA, and subsequently posted by him. Kay Kuzma was a member of the 3ABN committee referenced here:
http://references4links.blogspot.com/2007/05/letter-regarding-lss-leave-of-absence.html

This letter was sent to the owner of the BSDA forum, and he subsequently published it.

Dear Calvin,

I have become aware that your site published Johann Thorvaldsson's article about "The Story of Linda Shelton."

Since I am mentioned in that article, I thought you might be interested in publishing a response to correct the misinformation given about my involvement.

If you need to call me, my # is xxx-xxx-xxxx.

Thank you.
Kay Kuzma

Here is my statement:

To those who may question my involvement with 3ABN and the circumstances which led up to Linda Shelton leaving 3ABN:

Yes, I was involved in what happened at 3ABN concerning Linda however the internet article in which you read about my involvement titled "The Story of Linda Shelton" by Johann Thorvaldsson, is saturated with the writer's biased personal perceptions and has very little to do with what actually happened. I was there – I know.

Rather than address each falsehood, which would be too time consuming, I will simply address the three major errors concerning me:

Here is what was printed about me: "Long before Linda's dismissal, Dr. Kay Kuzma was assigned to help Linda manage after being fired. She was also supposed to interview staff members to find a good reason to fire her, so one wonders what really is behind this upheaval?"

Here is what actually happened:

1) I was not brought in early – in fact, I was brought in during the last six weeks after Danny and Linda had been in months of counseling with professionals – with Linda still refusing to follow what the counselors suggested, i.e., unanimously the counselors told her that she would have to give up her relationship with the doctor in Norway who she was spending up to six hours each day talking with.

2) I was not brought in to help Linda "manage" after she was fired – she was never fired. The committee I was on (and later the Board) repeatedly gave her opportunity to talk with them trying to bring resolution and restoration to both her ministry at 3ABN and her marriage. She refused at every point. There was never discussion concerning "firing" Linda when I became involved – only a discussion on how to help her. There was such a concern for Linda's reputation that the entire Board was not initially notified about the situation until it became an absolute necessity to do so. I was on a small committee of two Board members, the 3ABN attorney, and myself. The small committee's discussion centered on how to save Linda for ministry. Linda talked to me one time and refused any further contact I tried to make with her.

3) I was NOT asked by 3ABN to interview staff concerning Linda. Linda, herself, asked me to talk with the staff. She even gave me the specific names of the people she wanted me to talk with. The results from the interviews with the employees Linda suggested weren't flattering to her. When I tried to get back with her, she refused to answer my calls.

The overwhelming error in Mr. Thorvaldsson's account of the events surrounding Linda Shelton's departure from 3ABN gives witness to the fact that his observation was from many thousands of miles away and only receiving his information from the two involved in the duplicity.

Hopefully it has become apparent to you, as I pointed out the error contained in these three lines alone, that this entire article is full of misinformation. If you would like specific answers to any other point, I'll be happy to share. God is good and truth will prevail even though there are those who are trying to stir up controversy.

I believe the most important thing to understand is that eventually the fruit of a person's decisions will become evident. Although I will not comment further about what happened to lead up to Linda's departure from 3ABN, we know that the other man had been to the States and spent time with Linda before she left Danny, and that immediately after she left Danny, the other man was with Linda. A few weeks later they spent time traveling together through Europe.

Please remember, 3ABN is not Danny or Linda's ministry – it is God's, and every day we all see incredible miracles as God is moving

His ministry forward. It's been a very difficult time – as we all love Linda and recognize how much God used her in her role as co-host with Danny. God truly gifted her with the ability to write beautiful songs that have been a tremendous blessing to thousands.

Thanks for remembering 3ABN in your prayers – and thanks for not sharing Mr. Thorvaldsson's article with anyone else – since I know you don't want to be a part of spreading misinformation.

Sincerely,
Kay Kuzma

WT-- Answering the Questions

This was a private letter from the Chairman of the 3ABN board, which was published by Linda Shelton's representative, Gregory Matthews, and then widely distributed and posted on other internet forums.


From: "Walt Thompson"
To: [Removed by GM.]
Subject: Re: 3abn
Date: [Removed by GM.]

Dear [Removed by GM.],

Thank you for your e mail sharing your frustrations with 3ABN. It is understandable that you may feel frustrated regarding the breakup of Danny and Linda. You are not alone. Had the devil sought a more effective place to point his fatal arrow, he could not have found one. He aimed at its heart, and made a direct hit. However, like the promise in Genesis 3:15, though 3ABN has been wounded, it has risen again, and stronger than ever. Praise the Lord.

Let me summarize some of the events as viewed from my perspective during the past couple years. Perhaps it will allow you to view things a bit differently.

Though we have attempted to keep the leaders of the church attuned to what has been transpiring at 3ABN, we have not said much publicly for Linda's sake. We all still care about Linda, and know she must be hurting terribly.

A little more than two years ago a live television program aired on 3abn from Green Bay, Wisconsin. During that program Linda told of meeting a special person that had changed her life. She did not give the name or the sex of that person, but we later learned that he was listening in Norway. A few months earlier, a doctor visited 3ABN from Norway. He found out about Linda's son being hooked on drugs and told Linda that if he would come to his place in Norway for a month, he would be cured. Arrangements were made and Nathan went there in Feb. 04. While there Linda and one of her closest friends went to visit and spent 3 days with them. During this time Linda and the doctor struck up a relationship that her friend became very concerned about, and eventually came to the place where she decided she needed to speak out. I have heard that testimony. I will not describe it in detail, but it was described as much more than the usual doctor - client relationship. One of the things was that Linda had made arrangements to meet the doctor in Norway to spend 10 days with him touring the pretty places in the country during the following June.

In early March Danny called me. He was very distraught as he told me what Linda was doing. I immediately traveled to 3abn to find out for myself, and for the next two to three months was there for a few days almost every week. During this time I and a small committee of the board had a number of sessions with Linda, encouraging her to break off the relationship that was ruining her home and putting a serious strain on the ministry. Pastor John L. was one of the first to counsel Linda. From the start, before meeting with Danny and Linda together he warned Linda that what she was doing was wrong, and must stop. He then spent hours counseling the two of them together. I am not sure how many other sessions were had. When I arrived, I arranged for Pastor John, Linda and Danny and I to meet together. We met, talked and prayed. Both Danny and Linda were anointed, and committed to God to do what was right. Linda promised us to cut off the relationship. Not long (I don't remember the length of time, but probably less than an hour) she was secretly on the phone to Norway with the doctor again. We had other sessions with her where she reluctantly made similar agreements, but usually said she was not going to give him up until she was sure Danny would stop interfering in her affairs - as if it was Danny's fault they were having trouble. On one occasion I was able to get the doctor on the phone. I begged him to break of the relationship. He told me he would not. We arranged for Danny and Linda to visit a marriage counselor couple out of state. They were not Adventist, but devout Christians of another faith. They were chosen so that Linda could not claim that they were biased, if Adventist. Danny and Linda spent eight hours with the counselors. They were the one's who told Linda she was committing "spiritual adultery" and that it was wrong and must be stopped at once. She made excuses, said she was doing nothing wrong. They warned her that the way she was going it would soon become physical.

Our committee of the board invited a lady friend of Linda's to sit with us, thinking that, being a woman, she would be able to make Linda comfortable. As soon as she heard Linda's story, she confided to Linda that she was wrong, and needed to correct the problem. Linda requested her to query some of the 3ABN leadership to hear their views. she did this, only to find that Linda used the negative feedback she received as evidence she was not a friend to her cause. Linda would not talk to her again - the same as she had done to the friend that went with her to Norway.

Meanwhile, all during this time, Linda was spending long hours on the phone with the doctor on international calls using phone cards, credit cards, etc. We have records of those cards and can verify the amount of time spent. Some calls were overheard by Danny when she did not know he was around. Whereas she says that she was discussing her son, the calls were, in fact not about her son, but were very personal. Arrangements were made, and tickets purchased to meet him in Florida. (We have evidence such a meeting did indeed take place) When that was discovered, they planned to meet in Las Vegas, and New York. And as you might expect, Danny was by this time checking things out pretty carefully. One night she came home all cheery. While she and Danny were getting ready for bed, she left to do something else (I have forgotten what). While out, Danny found a sack of things in the closet. Upon opening it, he found a pregnancy test kit. (He is "fixed" so he cannot have more children.) When she found out that he had discovered it, she was at first angry because he had "snooped" in her things, and then told him she had just purchased it to see his reaction. We also have evidence that the doctor had given her an expensive wristwatch.

While this was going on, Linda refusing to give up the doctor, and Danny not willing to live with a third party disrupting things, they began talking divorce. Linda's mother lived in Las Vegas (I think) and Linda began making plans to move there long enough to gain residency status and then was going to get a divorce. Discovering the possibility of getting a divorce through Guan, they jointly agreed. Danny was driven by several factors. One, she was not about to be faithful to him. She was running up huge credit card debts on joint accounts making him responsible for paying them off, and he was concerned about 3ABN and the effect the situation was causing on the ministry. It simply could not continue the way things were going. Though I and the board did not get involved in the marriage, we were very much concerned about the ministry.

All the while, this was taking a real toll on the ministry. Work was not getting done. The employees were pulled in both directions. Finally, I sent Linda a registered letter (she was not answering my e mails or phone calls). In it I told her that we were offering to send her away for counseling to a place and with people mutually acceptable. I told her that if she would not accept our offer and find help to get rid of the doctor, we would have to consider removing her from her positions. She did not respond to my letter.

At camp meeting time (the end of May), we also had a board meeting. On Friday night of camp meeting, the doctor and Johann (our European representative before this all developed) came and sat in the back row. Danny was very uncomfortable with them there, fearful they would make a scene on international television. He asked us to ask them to leave. They refused. They walked out just as the meeting was ending. I and some other people went out after them. When we got outside, Johann grabbed me by the shirt and started to shake me in anger. When other bigger people came to my support, he calmed down, and we all talked together for a half hour or so - I am not sure of the total time. In the meantime, Mark Finley spoke with the doctor. I joined them for a few minutes. While I was with Mark and the doctor, something was said that upset Johann, and he and the doctor left, angry and fast, spinning dirt as they left. Because they had begun to hand out papers of a proposed article they were planning to submit to the local newspaper discrediting 3ABN, we warned them not to come back.

The next day, Sabbath, we got hold of Johann by phone and he agreed to meet with us at a park and talk things out. The doctor was also invited, but he said he had said all he had to say the night before, and refused to come. We spent an hour or two with Johann, going over all of the events until then. Finally, I took him to the hotel where they were staying. We sat in the car and talked for some time. At that time he confessed to me that maybe he was wrong in supporting Linda. We had prayer and parted. The three of them left and returned to Springfield shortly after that.

Linda did not come to the board meeting on Sunday morning. She sent a letter instead. The board considered her letter carefully in light of all that had gone on, and unanimously agreed that she could no longer serve the ministry under these conditions, nor continue to serve on the board. (We have since been accused of refusing to let the doctor and Johann represent her at the board. No such request was ever made, either by voice or by pen.)

Linda did go to Norway for her ten-day vacation with the doctor in June. We know that. There have been many other trips back and forth by both of them since.

Linda said on her web site recently that I had told Johann a year before that I had never accused her of adultery. She was correctly quoting a portion of my statement to Johann, but what she did not bother to say is that I was defending 3ABN against an accusation that we had fired her for adultery. I was merely telling him that it was for defiance of her board that she was let go, not because of adultery, an accusation, it is true, I never stated. As you can see from the few things I have included here, we have had ample evidence to suggest adultery, but it is true, we have not seen the two of them in bed together.

Our position on the board all through this process was to take the high road and not to tell things like this to the public, attempting to protect Linda from even more hurt that she was doing to herself. In all of our public statements, we have tried to be discrete. To protect the ministry from a public confrontation, we also gave Linda a good settlement with the agreement that she would not bad mouth 3ABN. And while she has partially fulfilled her obligation, her "friends" have kept the pot boiling - contrary to her agreement.

She wrote on her web site in March that they were not divorced, that the Guam divorce was being contested. It is interesting to know that this was posted on the web site after (or about the time that) the judge's decision had been made in favor of Danny. It is also interesting that the only reason she filed suit against Danny was to get more money from him than they had agreed upon originally. One might wonder why she would file for a new divorce if it had been Danny that had insisted on it in the first place as she alleges!

Sometime fairly early on during this experience, Linda began to accuse Danny of abusing her. She told people she was afraid to stay home with him for fear he would take his gun and hurt her. On a number of occasions during their discussions she would go off in a huff to stay with her daughter in Springfield (two hours away). On at least one of those occasions, I was on the phone with Danny when she was preparing to leave, and I heard nothing suggesting abuse of any kind. I will admit that at first, Danny was "in her face" an awfully lot trying to get her to stop talking with the doctor. This stopped after their visit with the counselors. We believe that the Dr. advised Linda to use the "abuse" language to justify their relationship - and have good evidence upon which this is based. I believe it was during the GC session in Toronto when abuse was included among the justifications for divorce. If you know Danny at all, one thing he is not, is an abuser. Talk! Perhaps! But certainly not dangerous or physical.

Just to make this letter a bit more complete, let me tell you what I know about Danny's attempt to save Linda for himself - even after the divorce papers were signed. He paid off the remaining debt on her new car, her daughter's car, all of the credit cards, and other joint bills. He bought her interest in the house, helped her move to Southern Illinois, build a porch on her home there, gave her all of the things in their home including things that were really his. (He did these things with money obtained in a loan from a friend.) Over and over again he took her out to eat and did many other things to show how much he really cared for her. In fact, many of the employees and some of us on the board were concerned because of how she was leading him on and keeping him in turmoil. Over and over, she threatened him, saying, that if she was going down, she would bring him and the ministry down with him.

One more thing. Linda has said that she was not censured by her church. The fact is, her church did meet and confidentially went over all of the evidence they had, and wrote an 8 page letter outlining the reason they had to conclude that she was wrong. Rather than drop her from membership, out of concern for her, they agreed do a letter of censure.

As for Danny getting married, let me make a few more comments. Our board has been well informed on all of these things. We were the ones that unanimously let Linda go, as much as we all hated to take that step. We all love her, care about her, and continue to keep her in our prayers. We have also been fully informed about Danny and his new-found friend. I was at 3ABN the day she and her two girls arrived from Florida with all they possessed. I shared some peanut butter and grapes that I had left over as I was about to return home. My heart went out to them. Danny's eventually did too. They are really nice people who have a heart for Jesus and for hurting people. She has had a hard life. (Her twin sister is dead.) There relationship has grown since that day more than a year ago. (Contrary to rumor, there was no relationship going before that!) A number of the staff and some of us on the board advised Danny to "cool it." He tried. But Danny is a people person. He needs people around him. I have concluded that Brandy came to 3abn at the direction of either the devil or the Holy Spirit. I have had no trouble deciding which. I believe God has given Danny just what he has needed to continue to serve that ministry with the power and enthusiasm that is characteristic to him. He loves the Lord supremely, and seeks His guidance in all things. What you see of Danny on television is who he is. He is not a fake. Yes, he is human. He has human tendencies, just like you and I. Just because he is on television does not automatically take away those personal drives.

Before Danny married Brandy, our board met by conference call and went over the evidence again. It was our conclusion based upon the information we have, only some of which I have shared here, that Danny was morally free to re-marry if he wished. We were all concerned about the timing, but did not feel that was a just reason for condemning the action. Those of Church leadership with whom we have shared these things agree with our decision.

In all of the Bible, I have not been able to find a single instance where God had a prophet condemn any one for anything that was not either illegal or immoral. As our board, and leaders of the church, have carefully examined the evidence, we find nothing for which to condemn Danny either. As regarding age difference, I find nothing in the Bible or the SOP that speaks to this issue. You may remember Elder Archo Dart, a General Conference officer doing family counseling during the fifties. He married a patient of mine who was at least 20 years younger when he was in his late 70's. They had an excellent marriage. Teddy, his new wife, loved every minute of their time together - as she told me. They are both dead now.

Linda, in spite of what I have noted above, refuses to acknowledge that what she was doing was wrong - nor is she telling the facts as they happened. It is one thing to forgive and forget, but is altogether something else when one is unable to acknowledge wrong doing. Yes, and I truly would like to know what Jesus would have done differently. As I see it, we gave Linda every imaginable opportunity to remain and work with 3ABN - except for one condition. When she refused, what more is one to do? Jesus was patient with Judas too, but He did not prevent Judas from doing what he did.

For my part, I have asked God for wisdom to guide in all that we have done. I have insisted at every step that we do everything in a way that could never be honestly faulted. I believe God has honored our desire, and blessed the ministry beyond measure because we have tried so hard to be faithful. You may remember that even God lost some of his best friends (Lucifer, Ananias and Saphira and others). It hurts. But sometimes one must act to stop bad things - even when it hurts!

I hope this helps to clear the confusion. NO ONE at 3ABN wanted to get rid of Linda, least of all, Danny. I don't think there are very many people that would condemn Danny for not waiting longer to agree to divorce if they had been there and witnessed the situation. Even God has limits to His tolerance. If you have further questions or need further evidence, please let me know.

Sincerely in Jesus' precious name,
Walter Thompson MD
Chairman, 3ABN Board