Owen M. Panner

“ Plaintiff's expert indicates that the proper polling technique is not to inform interviewers of the identity of the client paying for the poll, or its aims. Revealing this information can lead to conscious and unconscious bias by the interviewers.
This danger is exacerbated here. RFI concedes that the interviewers were residents of Rajneeshpuram and disciples of Bhagwan Shree Rajneesh. [3] Testimony at trial indicated that Rajneeshpuram was somewhat isolated from other Oregon communities, and that Rajneeshees living there were a cohesive group with strong leaders. ”

“ Two prospective jurors there, a rancher and a rancher's wife from eastern Oregon, admitted that they had biases against Rajneeshees. In March 1985, only a month before the venue motion here, counsel for the City of Rajneeshpuram argued for a change of venue, explaining that Portland is different than eastern Oregon.
MS. SANGEET: Mr. Shepherd [Harvey's counsel] had mentioned Portland wasn't any better. There have been trials in Portland involving Rajneeshees and experience has not been like this. That community is large enough. There is a diversity of opinion, a diversity of people. ”

“ Rajneeshism comprises genuine respect for every individual and his or her freedom, regardless of race, religion, class or caste. The quest for truth and the courage to tell the truth are fundamental to Rajneeshees, who are perfectly capable of undertaking any scientific enterprise objectively. ”

“ What apparently was the first question sets an extremely negative tone, which could also have weakened the poll's objectivity.
RFI also contends that jurors were influenced by news of a recent $39 million verdict by a Portland jury in an action filed by a former Scientologist against the Church of Scientology, Titchbourne v. Church of Scientology, et al., No. 770405184A (Multnomah County Circuit Court) . My questioning of many prospective jurors indicated that they were able to distinguish between the two cases, and I am satisfied that they did. ”

“ As both of RFI's polling experts pointed out, urban residents typically do not hold views, including prejudicial ones, as strongly as rural residents. The Multnomah County polling bore this out, prompting one of RFI's experts to state that Multnomah residents might be more likely to set aside their prejudices. Prior events indicate this was more than possible. Only two months before the October poll, a Multnomah jury returned a defense verdict in a libel case brought by a non-Rajneeshee from central Oregon against several Rajneeshee organizations, including RFI. Smith v. ”

“ Footnotes ↑ At oral argument, RFI also contended that an award of punitive damages violated its first amendment rights. RFI later informed the court by letter that it wished to withdraw the argument.↑ A long string of beads worn around the neck, with a medallion depicting Bhagwan Shree Rajneesh.↑ Background facts concerning the poll were difficult to obtain. Counsel for RFI stated at oral argument on the motion for new trial that all interviewers were “volunteers from the community,” “people in the community ... ”