Los Angeles,
CA 90066
Phone/Fax:
(310) 745 3771 (Call First for Fax)
January 11, 2002
Elliot J. Abelson, Esq.
8491 West Sunset Boulevard
Public Mail Box 1100
Los Angeles, CA 90069-1911
Re: BARTON v. BERRY, USBC, CDCA, Case Number LA 99 - 32264 ER.
Dear Mr. Abelson:
I acknowledge receipt of another message asking that I telephone you. However, I am choosing not to for reasons I summarize below. Accordingly, and in the future, and outside of the courtroom, I will only communicate with you, Moxon, Kobrin and Paquette in writing. In all of the circumstances, I believe that this is the most prudent manner of avoiding inevitable allegations of who said or threatened who and what, where and when. In any event, discovery is closed in this case, the case has been fully pre-tried and goes to trial in ten court days. There is nothing further we need discuss before the case is called on January 28, 2002 at 10 a.m.
If you are going to engage in your old shenanigans of communications in the guise of settlement discussions, I insist that they also be in writing. However, do not even bother with that process without first reading my settlement agreement with Robert Cipriano (and which the Church of Scientology will have in its Berry v. Cipriano, Barton, Miscavige, Ingram (Moxon, Abelson), the Church of Scientology, et. al. files). Moreover, that agreement was entered into nearly three years ago and the figure was the punitive multiple of the Wollersheim and Christofferson trial jury damage awards. The evidence now establishes that you, your various co- counsel and your relevant clients have subsequently continued to act together to “utterly destroy”, in effect, my professional career, my life, my property and possessions, relationships and any prospect of a reasonable retirement - let alone a lavish retirement amidst and among tropical isles and world capitals. However, because your client’s judicially recognized Fair Game Policies and Practices absolve any scientologist for acts taken, for the greater good of Scientology, in the “utter destruction” of critics such as me, it does not even recognize culpability let alone liability and damages. Consequently, please do not waste my time with “intell ops” (defined by your client as “intelligence operations”) under the guise of settlement discussions. I have been down that road with it too many times before.
In any event, I am determined to act with those who wish to stop the Fair Game “utter destruction," with tax-exempt monies, of people perceived by the Church of Scientology to impede its totalitarian goal of global domination and its monstrous goal of mass exterminations of opponents. Your client calls this contest a “battlefield”. I will not leave my friends and other victims of your clients upon that battlefield. For that further reason, do not waste our respective time with insincere settlement gyrations.
The reasons I insist that all future communications between us be in writing are explained in the enclosed documents called Exhibit E and Exhibit F and numbered pages 59 to 163. You will note that there is evidence of your participation in activities against me that include the unlawful solicitation of clients, witness tampering, extortion, bribery, blackmail, subornation of perjury, the use of perjury, the filing of false criminal complaints, the filing of frivolous and baseless lawsuits, illegal wiretapping, insurance fraud, bankruptcy fraud, the filing of false State Bar complaints, the filing of false criminal complaints and the obstruction of justice. I am now engaged in the initiation of criminal, disciplinary and civil legal proceedings against you and other participants in this demonstrable seven-year long RICO conspiracy. There is also evidence of your recent and active involvement in the obstruction of those matters. I am now taking the matters to the highest federal executive and legislative levels, the highest State judicial levels, the media, foreign governments and international organizations. That is a major basis for my objection to your notice of association as Plaintiff’s counsel for trial herein. It is also the reason why I cannot return your telephone calls and cannot engage in oral communications with you.
Accordingly, there should only be the most essential of communications between us, limited to the narrow issues remaining for trial herein, and only in writing.
Nothing in this or my other letter of even date is intended to be other than a pure statement of fact relating to the reasons why (at the very least) it is ethically and legally improper and harassive for you to have filed the Notice of Association of Counsel herein and to seek to appear as trial counsel herein, during the pendency and filing of the complaints and other proceedings arising out of the matters summarized and described in the two enclosures faxed herewith.
In all of the circumstances, there surely need be no further communication between us until you choose to file any appropriate response to the matters of which I earlier gave notice.
Very truly yours,
Graham E.Berry
Cc: Ava Paquette, Esq.