Friday, September 7, 2012

Kyle Brennan: Names of judges on the Appeals Court panel announced

The Federal Appeals Court in Jacksonville, Florida, has announced the names of the three judges deciding the appeal in the wrongful-death suit of 20-year-old Kyle Brennan, who died under highly suspicious circumstances on the night of Friday, February 16, 2007. They are judges Frank M. Hull of Atlanta, Stanley Marcus of Miami, and Emmett Cox of Mobile. Biographical information is found below.

Judge Frank Hull is a woman, despite her first name. She and Judge Stanley Marcus were appointed by President Clinton, and Judge Emmett Cox by President Reagan. Judges Frank and Marcus were on the Appeals Court panel that struck down the individual mandate of the Affordable Care Act. Judge Hull joined Chief Judge Joel Dubina in writing the opinion and Judge Marcus wrote a dissent.

It would be a travesty of justice for the judges not to grant the appeal. On the basis on the defective police work of Detective Stephen Bohling alone Judge Merryday never should have ordered the Scientology defendants’ motion for summary judgment early last December.
Bohling falsified Kyle’s diagnosis from his psychiatrist Dr. Stephen McNamara, whom he had diagnosed as only mildly depressed.  In his lie-filled investigative report Bohling wrote falsely, “The Doctor confirmed that Kyle Brennan had been exhibiting early signs of Schizophrenia in include paranoia and delusions and that he did prescribe Lexipro [sic] to Brennan.” In his deposition McNamara says that he never talked to anyone in Clearwater.

Oral arguments in the case will be heard in Federal Appeals Court in Jacksonville, Florida, on the morning of Friday, September 14. For further details see our post Kyle Brennan vs the Church of Scientology: Oral arguments in Jacksonville, September 14.

Here is further background information on the judges:

Emmett Ripley Cox:
Born 1935, nominated by President Reagan in 1981 as judge of the US District Court for the Southern District of Alabama. Acquired senior status in 2000. Spent entire pre-judicial career as a private practice attorney. Wikpedia bioJudgepedia bio

Frank M. Hull:
Despite her first name, Judge Hull is a woman. Born 1948 in Augusta, GA, appointed by President Clinton in 1994 as judge of the US District Court for the Northern District of Georgia. President Clinton nominated her to the US Court of Appeals for the 11th Circuit in 1997. Judgepedia bio. Before her judicial career she was in private practice in Atlanta, 1974-1984.
Judge Hull and Judge Stanley Marcus were members of the three-judge 11th Circuit appeals panel that questioned the constitutionality of the Affordable Care Act. The other member was Chief Judge Joel Dubina, appointed by President George H. W. Bush.

In their opinion on the 2-1 decision, Hull and Dubina rejected the individual mandate of the legislation allowing that the rest of the law could remain in effect.  Judge Stanley Marcus disagreed in a dissent. Talking Points Memo has a good article on political background and judicial philosophy of the judges.

Stanley Marcus:
Born 1946 in NY. Joined the 11th Circuit US Appeals Court in 1997 after being nominated by President Clinton. Previously served as judge for the US District Court for the Southern District of Florida after being nominated by President Reagan in 1985.
Marcus served as an Assistant United States Attorney for the United States Department of Justice's U.S. Attorney's Office for the Eastern District of New York from 1975 to 1978 before serving as the Deputy Chief of the Organized Crime Strike Force for the U.S. Department of Justice based in Detroit, Michigan from 1978 to 1979. Marcus was the Chief of the Strike Force from 1980 to 1982 before being nominated by President Ronald Reagan to serve as the U.S. Attorney for the Southern District of Florida from 1982 to 1985. Judegepedia bio.
As noted above Marcus dissented from the opinion of Judge Hull and Chief Judge Dubina in striking down the individual mandate of the Affordable Care Act.


  1. I don't think there is another victim of Scientology in the last twenty who has been so thoroughly abused by Scientology and the media as the utterly innocent Kyle Brennan.

    It is an open question whether Kyle's death was suicide or murder.

    In either case Scientology and Scientologists in my opinion are directly responsible.

    They attacked him for nine months simply because he was a mildly depressed college student.

    It was not enough for them to cause his death. They then robbed him after his death and defamed him to cover up their taking of his life.

    I dispute that Kyle was ever a "deeply disturbed young man" as Detective Stephen Bohling, the St. Petersburg Times, and Judge Stephen Merryday have repeated endlessly.

    Kyle was never anything more than a college student with mild depression from the moment he was diagnosed in January 2006 until his death a year later.

    He was not unusual. There a millions of sophomores in college who suffer from mild depression.

    With therapy and medication Kyle functioned well up to the summer of 2006 when his father and other Scientologists launched a vicious attack on him, his psychiatrist, and his mother accusing them of trying to murder him.

    Even after this despicable attack Kyle continued to function normally at work and school and within his family.

    After the attack Kyle was faced with the challenge of restoring his ability to trust mental health professionals and his family.

    He left home in late November and dedicated a month of traveling to visit schools to do just that, and he succeeded.

    He was distressed and anguished by the attack launched on him in the summer by Scientology as any young person would be by such savage behavior of a parent.

    He was in no sense "a deeply disturbed young man."

    He was a hero who fought Scientology at the risk of his life.

    He laid down his life to put an end to the evils of Scientology that thinks absolutely nothing about killing young people.

  2. In early 2007, Kyle Brennan was an outgoing and creative 20-year-old attending college and thinking about his future. He had his whole life ahead of him.
    But in mid-February, when Kyle was visiting his Scientologist father Thomas Brennan, things turned ugly.
    According to Damian DeWitt who has followed the case, "On February 16, 2007, Kyle Brennan was found shot through the head under circumstances so suspicious that the possibility he was murdered, shocking as it is, cannot be excluded."
    There is enough drama and mystery in this story to twist your mind and tug heavily on your heart strings. Why did his dad seize Kyle's medication and lock it in the trunk of his vehicle? Drama? Lies? Cover-ups and possible murder?Host Colleen Sautez' special guest during this program is Kyle's mom, Victoria Britton.

    Please listen in. Noon Pacific Time/3:00 pm Eastern in the US; 8:00 pm Ireland and UK time; and 9:00 pm in France and Germany.
    You can follow Colleen at :

    Victoria and Kyle when he was a toddler.

    Thanks to for the banner

    Last edited by GreyWolf; 18th July 2013 at 07:10 PM. The Truth for Kyle Brennan