AMICUS BRIEF Pinellas Case 08003597CI


OPPOSITION TO AKIYAMA ROGER EXPARTE FILING

FOR A TEMPORARY RESTRAINING ORDER AGAINST ANONYMOUS


    1) I, Arnaldo Pagliarini Lerma, of 6045 N 26th Road Arlington Virginia participated in February 10th ANONYMOUS protests in Washington DC, the police on duty, were so unconcerned with this event that one of them sat in his squad car reading magazines.

    I was a Scientologist for ten years, I now help scientologists recover from the mind control in scientology. I have run and maintained a web site since 1996 titled LERMANET.COM Exposing the CON, dedicated to helping members recover.

    2) Over 7000 people demonstrated around the world on February 10th, A video compilation of those events titled Tribute to Anonymous is available at http://www.Lermanet.com/anonymous.htm

    3) There was not one incident of violence by protesters worldwide reported in the media. There was not one protester arrested or charged anywhere in the world.


    4) I have participated in 4 protests against Scientology in Clearwater in the past. The only incidents I recall were perpetrated by Scientologists. - Protestor Robert Minton was assaulted and another incident , Emmy Award winning videographer, Mark Bunker, while filming, his camera was attacked by a Scientologist wielding a hammer.


    5) The use of face masks is not a threat, it is a direct response to Scientology's reputation

    for retribution. See Http://www.Lermanet.com/persecution/


    6) The expression of pubic sentiment and opposition to nefarious conduct by lawful, peaceful free association and assembly in public spaces, serves as an outlet for public outrage and thus, serves to prevent future violence


    7) If every statement in Mr Akiyama's complaint were to be fully investigated, it would likely be found that the incident or incident(s) were choreographed and/or misstated, and that the complaint was written and approved by officers for Scientology organization.


    8) Illinois Department Law Enforcement Lieutenant Dennis Marlock stresses repeatedly on his website Fraudtech.org that the favorite method of CONfidence artists is to omit important information. To wit:

    A:) The only actual injuries described in scientology's motion for protective order are from the 1996 Portland shooting incident. Scientology's filings OMIT that this was committed by a disgruntled Scientologist, not by "Anonymous." The perpetrators name was Jairus Godelka, he was a Scientologist.

B:) The scary guy in the the van in Bakersfield was also, a Scientologist member. See: http://www.lermanet.com/scientologynews/calif-bakersfield-04061996.htm



Scientologist car bombing suspect pleads guilty in plea-bargain.” The Bakersfield Californian, Saturday June 1, 1996.

9) It is my informed belief that Mr Akiyama has been stationed in Boston, where his most recent job for scientology is to monitor the internet. How could a current resident of Boston feel threatened by a peaceful crowd 1500 miles away?

    10) It is my informed belief that Paul Kellerhaus was seen driving in a vehicle freely around downtown Clearwater during the February 10 demonstrations with one arm on the steering wheel and the other filming the crowds. This is not conduct in character of a terrified victim seeking to have a Judge set the Constitutionally protected right of public assembly.


    11) It is my informed belief that Mr Heber Jetszch has not been heard from publicly for some years, I and many of the protesters planning to attend pickets on March 15th, are more concerned with his welfare due to his involvement in scientology than any other reason. His location is unknown to this writer, who has no reports of him even being seen in the Clearwater area. In 1995, after 17 days of what Scientology described as “care” member Lisa McPherson was dead. In Italy a few weeks ago another member of Scientology, an “OT” was held against her will in similar fashion, she was lucky, she dropped notes out her window saying was being held and was rescued by authorities after neighbors found the notes. I am most concerned about Mr Jentzch's health due to recent revelations of beatings of senior staff members as described by the one who designed that famous exploding volcano TV ad for Dianetics, ex-member Mr Jeff Hawkins. See http://www.lermanet.com for link to radio interview.

    11) For reference please see http://www.scientologykids.com, Jenna Miscavige niece of leader David Miscavige, and Kendra Wiseman, the daughter of the head of CCHR, Bruce Wiseman will confirm the choreographed nature of scientology.


    12) In a 1995 civil case, No. 95-1107-A in a 29 November 1995 Memorandum Opinion, US Federal Judge Leonie Brinkema stated:


"the Court is now convinced that the primary motivation of RTC in suing Lerma, DGS and The Post is to stifle criticism of Scientology in general and to harass its critics.

13) Scientology fooled this writer for ten years, please don't let them fool you for ten minutes I beg the Court to DENY this motion for any sort of Temporary Restraining or Protective Order.

Signed under Penalty of Perjury of the Laws of the Commonwealth of Virginia

_______________________ _______________________

Arnaldo Lerma date Witness date


AMICUS BREIF


Pinellas Case 08003597CI


OPPOSITION TO AKIYAMA ROGER EXPARTE FILING

FOR A TEMPORARY RESTRAINING ORDER AGAINST ANONYMOUS


1) I, Jon R. Enerson, of 9901 Rainbow Lane, Port Richey, Florida

Observed and photographed the February 10th ANONYMOUS protests in Clearwater Florida. During the course of the entire day of protests in Clearwater I observed not one single incident of violence toward scientology properties or representatives of scientology. A videographer working that day for the Clearwater Police Department remarked to me that he had seen no incidents of violence during the day. The videotape taken by the CWPD should be available for your inspection. To my knowledge and belief not one single protester was arrested or detained by Clearwater police on February 10, 2008.


2) Over 7000 people demonstrated around the world on February 10th, A

video compilation of those events titled Tribute to Anonymous is available at http://www.Lermanet.com/anonymous.htm


3) There was not one incident of violence worldwide reported in the

media. There was not one protester arrested or charged anywhere in the world.


4) I have participated in numerous protests against Scientology in Clearwater in the past. The only incidents of violence I know of were perpetrated by Scientologists. Protestor Robert Minton was assaulted by a scientology representative. In another incident, videographer, Mark Bunker, was attacked by a Scientologist wielding a hammer. Critic of Scientology, Mr. Mike Krotz, was physically assaulted by a scientology representative, Mr. Dennis Clark, which resulted in Mr. Krotz filing complaint with the CWPD. I have never personally witnessed any act of violence upon a scientologist or scientology property by a protester in Clearwater, Florida.


5) In 2001 I was a defendant in an action brought by Scientology in Pinellas County, Florida on an order to show cause for contempt of Judge Thomas Pennick’s, then temporary, injunction relating to the now defunct Lisa McPherson Trust. I was acquitted in this action. I have personal experience with the legal machinations of Scientology with respect to their concerted efforts to silence all criticism of Scientology in Clearwater Florida.


6) My personal experience with the actions of scientology prior and subsequent to Judge Pennick’s permanent injunction was that Scientology persisted in a pattern of ignoring the bilateral nature of the injunction and attempted to use the injunction to bludgeon any citizen that chose to protest scientology in Clearwater into silence. Those citizens lacked any affiliation with the Lisa McPherson Trust and were unidentified by Scientology, yet were served copies of the injunction order. In short, Scientology served process on numerous unknown protesters with Judge Pennick’s temporary and permanent injunction as a tool with which to silence legal and peaceful protest in Clearwater. Video evidence of this pattern of behavior by scientology may be viewed at the following internet web link:


http://www.xenutv.com/pickets/cw-03-17-01.htm


In the above referenced video you may observe Mr. Pete Thornburg who represented himself as a process server, in the employ of Wallace F. Pope Esq., serving copies of Judge Pennick’s temporary injunction on several private citizens of the Clearwater area. The names of these individuals were completely unknown to scientology, Mr. Thornburg or Mr. Pope. None of the served individuals were affiliated with the Lisa McPherson Trust or were named individuals in the injunction.


If the court were to grant plaintiff’s motion for restraining order and/or injunctive relief, it is my certain belief that the previously demonstrated pattern of abuse of Judge Pennick’s order will be repeated by scientology to again attempt to silence any and all dissent and protest of scientology in Clearwater Florida. There will again be nothing to preclude scientology from claiming that any and every private citizen that dares to protest scientology is a member of “Anonymous” or is acting in “concert or participation” with Anonymous.


I believe this to be a very dangerous “back door” to prior restraint of our constitutionally guaranteed right of free speech. Scientology has clearly demonstrated that they will not hesitate to kick open this door to attempt such restraint under color of the court’s orders.

Scientology corporately, and through its agents such as the present plaintiffs, seeks a tool with which to silence all public criticism.


7) The expression of pubic sentiment and opposition to odious or nefarious conduct by lawful, peaceful, free association and assembly in public spaces is the constitutionally guaranteed right of all citizens.


8) I implore the court to make a very careful examination of the alleged incidents of violence that plaintiffs have presented in their complaint. It is well known fact that some of the incidents alleged were perpetrated by disgruntled scientology members themselves. In particular, I refer to the cited incident of one Mr. Gamboa. By presenting this incident in their complaint and thereby inferring that such was an act committed by “Anonymous”, plaintiffs have perpetrated a falsehood upon the court. The nature of Mr. Gamboa’s relationship with scientology has been well known and well documented to many, including Scientology, for over a decade. Similar falsehoods are to be found in other cited incidents of violence contained in plaintiff’s motion. I strongly urge the court to thoroughly scrutinize plaintiff’s allegations inferring “Anonymous” as the perpetrator absent of specific evidence. It is apparent that plaintiffs have simply presented a “laundry list” of egregious acts and assume the court will accept that these were acts either supported by, or perpetrated by, Anonymous without specific evidence to support such claim. I trust the court will see clearly through this charade.


9) I am not a member of “Anonymous” and hold no position as a leader, officer or organizer of said group. I have followed the “Anonymous” community on the internet for some time and it is my belief that no official leadership or organizational structure exists within the Anonymous community except that which might spontaneously and temporarily exist from time to time by various and different individuals who step forward by their own initiative, and may do so only as a temporary, unelected and unofficial, spokesperson or representative for the community. “Anonymous” is bereft of traditional organization or distinct standing leadership. To the best of my knowledge and belief, individuals specifically named in the plaintiff’s motion are simply those citizens that have protested Scientology and that Scientology has been able to identify through its investigations or other efforts.


In the interest of protection of the constitutionally guaranteed rights of all citizens, I beg the Court to DENY the Plaintiff’s motion for a Temporary Restraining Order and /or Injunctive Relief.



Signed under Penalty of Perjury of the Laws of the State of Florida.






____________________________

Jon R. Enerson Date