Kathryn's Story

We've repeatedly heard about how Scientology silences its members when they decide to leave. Kathryn's story is just one of them.

Excerpt:

"The other thing to sign was a waiver, she said it was standard. She said that it is signed my many people every day now. It. s a real common act. Everyone leaving staff signs one. OSA Int. keeps them in boxes in a closet in the legal office. They hope the leaving staff never turn into enemies and that these waivers never have to be used, but just in case they get them signed before letting anyone leave the Sea Organization.

She agreed to change some wording. She was going to make clean copies and we arranged to meet to sign them. I was about to leave when she turned to me and said "Oh, one more thing, I would like you to sign these on video. That way, if Arnie Lerma ever finds out about this, "we could prove that they weren't signed under duress."

The irony of sitting in a car, in a parking lot, with tears streaming down my face, unable to make it into even a restaurant due to the stress I was feeling, was unbelievable. I told her I would not be in her video."

"The litigants and their lawyers are supposed to want justice, but in reality , there is no justice, either in or out of court. In fact, the word can not be defined..in the last analysis, most jury trials are contests between the rich and the poor. Criminal cases, however, practically always have the poor on trial" Clarence Seward Darrow

Members are leaving and telling their stories:

Michael Pattinson

Gary Weber

Chuck Beatty

Dan Garvin

There are considerable opportunities available at this time for litigation... and extraordinary opportunities for "discovery" (the phase of litigation where litigants can ask each other questions... under penalty of perjury..

In 1995, RTC vs Lerma we got an ADMISSION that Scientology was behind certain anonymous identities that were posting nasty things about yours truly...see http://www.lermanet.com/osa/osawhoiswho.htm at the bottom...

What is needed is an individual with deep pockets, such as Bob Minton had BEFORE he got into the scientology war.

I watched Attorney David Bardine, the lawyer that originally set up FACTNet's non profit corporattion, at a cult conference in NYC, (this was the one that Dave Tourtzky flew me home from, and at 18,000 feet...and at 1 am in the dark over pennsylvania somewhere..we found that the tanks had not been topped off..desipte having the signed receipt from Signature 'this has never happenned before' flight services) say that the abuse of individuals by cults would continue until such time as there was a fund available to secure justice before courts at law.

Right now, Citizens Against Corruption has $800....

That is what it might take to fix a speeding ticket... nothing more.

Anyone want to anonymously or otherwise put up a couple of hundred thousand dollars for litigation?

IN the past, when I have posted fundraising mentions, I have invariably had thought stopping phrases inserted into the threads by Scientology's agents.

It takes money to litigate.

Anyone who thinks that it can be done WELL, pro-se, should look at what happenned to Kieth Henson... Anyone who thinks that if there were a decent case, lawyers would do it on contingency... needs to read up on what its like dealing with scientology, who litigates NOT to win, but to bankrupt the litigants..Mention scientology and most lawyers hide under their desks.

Michael Pattinson's fraud lawsuit though perhaps somewhat flawed.. was defeated because Graham Berry was run out of money to even do depositions...and order transcripts!

Justice costs money in the US at this time.

I'm quite willing to act as intermediary, and connect those willing to fund litigation with those willing to pursue ( and endure ) it... and provide reciprocal anonymity.. so that the donors will not get attacked directly.

Scientology is SO WORRIED about this, that in every settlement, including for instance, Brian Haney's settlement of a lawsuit with Zwan at Digital Lightwave, specific wording was included, that forced Brian Haney to agree to NOT provide funding to ARNALDO LERMA ( named specifically ) and a number of other "Activists". This pattern has repeated itself in proposed settlements of litigation by scientology.

If you want scientology to vanish, perhaps you should do what scientology doesn't want you to do...



Arnie Lerma with Steve Hassan after a deprogramming ( thats why I look tired )

Arnie Lerma
6045 N 26th Road
Arlington VA 22207
LINK to SECURE Contribute Button on Lermanet.com
(we take mastercard and visa )
_________________

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

Scientology has been described as the most litigious "church" in recorded history. The Legal Pages are intended as an overview, a sampler if you will, of Scientology's litigation history and tactics rather than a formal archives. Please note that links are provided on the left for researchers and persons embroiled in litigation with the cult searching for more specific litigation information.

November 9, 2004 -Suppressed Sklar vs IRS Case Documents

Sklar Case Motions:

Note 1: Apologies for any typos; this was rushed.

Note 2: This document has been SUPPRESSED from the public, by the US Tax Court Judge John O. Colvin, who has refused public access to the Docket #395-01 file, for the duration of the Sklar v. IRS hearings, until he issues his written decision. It is reproduced here, as a public service, to coincide with anticipated public interest, from news coverage of this historic trial!

Note 3: To protest this described unconstitutional conduct by the IRS (while it still relevant to current hearings), contact Mr. Jack's boss: Donald D. Korb, Chief Counsel, IRS

Note 4: To put appropriate pressure upon the IRS Counsel, it is suggested that readers contact ASAP by fax, offices of those Congressional Committee members (with budgetary oversight powers over the IRS), requesting IRS Counsel's release of IRS's 1993 Church of Scientology "Secret Agreement" Documents to the Court, with the goal of a more open and fair hearing.

Petitioner's Motion for Reconsideration of Three Orders: LINK HERE: (filed November 4, 2004 in US Tax Court, Docket #395-01)

December 2002: The Following Scientologists have been sued by the Bankruptcy Trustee (case #01-11549 et all) to recover illegal profits from fellow Scientologist "minister" and Earthlink Co-founder Reed Slatkin's ponzi scam:

Doug Dohring, Laura Dohring
Joseph Andruscavage, Tammy Terrenzi Strickling
Jack Dirman, Irene (Howey) Dirman - was once CO of ASHO
Sandra Codding, Laura Sherman

All these people who got sued by the Trustee made a profit from their investment into Slatkin's criminal enterprise. In the case of the Dohrings their profit was in the amount of $ 193,000.

So, rather than giving back their proceeds to the Estate in order to pay off Slatkin's victims (f. e. the severly handicapped man who had lost all his savings), these "ethical and upstat Scientologists", who, by the code of the IAS, "do not belong to or work for any organization or group that is dedicated to the harming of mankind", try to hold on to their proceeds, which had been gained through fraud.

There exists a law that was mentioned once in the newspaper articles about Slatkin that makes it mandatory for investors to give back proceeds from a Ponzi scheme. Otherwise they can be sued, as in this case by the Trustee, to be forced legally to get rid of criminally gained money.

Scientologist Minister Reed Slatkin was the first to agree to cooperate with prosecutors, then in November 2002 his scientologist buddy Daniel Jacobs did the same....

November, 2002 News Media Article with links to more articles HERE

Lisa McPherson Case

On April 8th, 2003 Judge Schaeffer recused herself from the counterclaim and referred the matter of whether she should remain on the wrongful death claim to the Chief Judge. Granting Robert Minton's motion to do same. On Wednesday the Chief Judge reassigned both cases to Judge Robert Beach. Judge Beach was the discovery judge, and is intimately familiar with what Scientology is."
http://www.lermanet.com/reference/mcpherson/schaeffer-040903c.pdf

http://www.lermanet.com/reference/mcpherson/demers-041603.pdf

Lisa McPherson Case wins Summary Judgement Motion
2 Oct 2002 - Judge Shaeffer - Clearwater, Florida

All three of Plaintiff’s forensic pathologists opine that the manner of Lisa Mcpherson’s death was a homicide, and not an accident. There are four types of homicide in Florida:
(1) murder in the first degree, a death, coupled with preditation, or as a consequence of and during the course of committing certain felonies, such as rape, kidnapping, armed robbery and the like,
(2) murder in the second degree, a death by an act imminently dangerous to another and evincing a depraved mind regardless of human life,
(3) murder in the third degree, a death occurring as a consequence of and during commission of a felony not included in those constituting first degree murder, such as grand theft, or in 1995, abuse or neglect of a disabled adult, and
(4) manslaughter, a death caused by an act, a procurement, or culpable negligence. Since Lisa McPherson’s death, the manslaughter statute has been amended to specifically include death caused by abuse or neglect of a disabled adult. And as previously stated, the first degree murder statute has been amended to include this felony as one which underlies a first degree murder charge.

RTC vs Lerma, The Washington Post, Rich Leiby, Marc Fisher, Digital Gateway -

Pictures from video, during the raid of the Scientologists conducting the search of my home.

Postings to the newsgroup about the raid

August 30th 1995, Memorandum Opinion - Judge Leonie Brinkema

28 Nov 1995 Memorandum Opinion [ Full Text ] - Judge Leonie Brinkema
"On the first issue, the Court finds that the motivation of plaintiff in filing this lawsuit against the Post is reprehensible. Although the RTC brought the complaint under traditional secular concepts of copyright and trade secret law, it has become clear that a much broader motivation prevailed--the stifling of crticism and dissent of the religious practices of Scientology and the destruction of its opponents. L. Ron Hubbard, the founder of Scientology, has been quoted as looking upon law as a tool to

[h]arass and discourage rather than to win. The law can be used very easily to harrass and enough harrassment on somebody who is simply on the thin edge anyway, well knowing that he is not authorized, will generally be sufficient to cause his professional decease. If possible, of course, ruin him utterly.

29 November 1995 - Memorandum Opinion [ Full Text ]- Judge Leonie Brinkema

"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. "

5 January 1996 Motion filed for Summary Judgement - (long) documents abusive nature of Scientology's conduct of the case and the raid.

4 October 1996 - Memorandum Opinion [ Full Text ]- Judge Leonie Brinkema
"The dispute in this case surrounds Lerma's acquisition and publication on the Internet of texts that the Church of Scientology considers sacred and protects heavily from unauthorized disclosure. Founded by L. Ron Hubbard, the Scientology religion attempts to explain the origin of negative spiritual forces in the world and advances techniques for improving one's own spiritual well-being. Scientologists believe that most human problems can be traced to lingering spirits of an extraterrestrial people massacred by their ruler, Xenu, over 75 million years ago. These spirits attach themselves by "clusters" to individuals in the contemporary world, causing spiritual harm and negatively influencing the lives of their hosts "

.... "The Court earlier dismissed the trade secrets count as to all defendants and the copyright infringement count as to the Washington Post and its reporters. RTC voluntarily dismissed its claims against Digital Gateway systems, Therefore, the only issue remaining in the case is RTC's: .. (3) copyright infringement claim against defendant Lerma"

Last Hearing in RTC vs Lerma - notes by Rod Keller

Scientology's claim for attorney fee's DENIED [Press Release issued by David Masselli ]

1977 Grand Jury Criminal Indictment [this case began as "U.S. vs. Mary Sue Hubbard"] - this is the original grand jury indictment

Re. Breaking into US Government offices - including IRS chief counsel, Assistant. U.S. Attorney general, etc.
Scientology tells their staff they were "convicted of stealing 'copier paper'! ...

The end result of this was jail time for a number of Scientologists and a Federal order to disband Scietology's notorius "Guardians Office" - included in this group was Mary Sue Hubbard, hubbard's wife.
In my [Lerma's] opinion, Scientology is in contempt of this order as the same behavior and activities have continued, in the same organizational department, of the same organization, by new people and some of the same old ones. Many of the old Guardians Office staff are now working in what appear to be "front corporations" run by Scientology.

Stipulation of Evidence [LONG] mentions, among other things,  Kendrick Moxon as an unindicted co-conspirator, this settled the criminal case. [Text format]

Admissions in United States vs. Mary Sue Hubbard

Scientology in Canada [PDF Format] 3A summary of Scientology's  history in Canada resulting in conviction for Breach of the Public Trust

July 30, 1971 United States of of America, Libelant, vs. An Article or Device33 F. Supp. 357; 1971 U.S. Dist. LEXIS 12206

"Hubbard and his fellow Scientologists developed the notion of using an E-meter to aid auditing. Substantial fees were charged for the meter and for auditing sessions using the meter. They repeatedly and explicitly represented that such auditing effectuated cures of many physical and mental illnesses. An individual processed with the aid of the E-meter was said to reach the intended goal of "clear" and was led to believe there was reliable scientific proof that once cleared many, indeed most illnesses would automatically be cured. Auditing was guaranteed to be successful. All this was and is false -- in short, a fraud. Contrary to representations made, there is absolutely no scientific or medical basis in fact for the claimed cures attributed [**4] to E-meter auditing.

Unfortunately the Government did not move to stop the practice of Scientology and a related "science" known as Dianetics when these activities first appeared and were gaining public acceptance. Had it done so, this tedious litigation would not have been necessary. The Government did not sue to condemn the E-meter until the early 1960's, by which time a religious cult known as the Founding Church of Scientology had appeared. This religion, formally organized in 1955, existed side-by-side with the secular practice of Scientology. Its adherents embrace many of Hubbard's teachings and widely disseminate his writings. The Church purports to believe that many illnesses may be cured through E-meter auditing by its trained ministers through an appeal to the spirit or soul of a man. As a matter of formal doctrine, the Church professes to have [*360] abandoned any contention that there is a scientific basis for claiming cures resulting from E-meter use. The Church, however, continued widely to circulate Scientology literature such as Government's exhibits 16 and 31, which hold out false scientific and medical promises of certain cure for many types of illnesses. [**5] n1 "

Suit against State of Maryland Cult Task Force by Scientology's Moxon [case was dismissed]

Church of Scientology of Calif vs. the Commissioner

1982 Clearwater Commission Hearings under penalty of perjury,  transcripts of hearings, 600 pages of first hand testimony.

L Ron Hubbard's son denounces his father as a fraud

4 And Scien-
5 tology is L. Ron Hubbard.
6 And there's many, many times, hundreds of times,
7 he would get into terrible rages about "This is mine;
8 this is mine. I run it, I own it, and I created it.
9 And nobody is going to make any money out of it except
10 me." And that is a synthesis of a theme which was
11 pushed at me hundreds of times

1985 Affidavit of Ron de Wolf, Hubbard's son [approximate date]

I, Ronald DeWolf, formerly L. Ron Hubbard, Jr., hereby do and state as follows under the penalties of perjury: 1) I have personal knowledge of the facts set forth in this affidavit.  2) I am the oldest son of L. Ron Hubbard, having been born on May 7, 1934 in Encinatas, California.

Excerpt:

"I personally know, relied specifically on my father's represented qualifications and credentials. The stated representations are all false. He never obtained degrees from those universities, or ever served in combat. He was relieved of duty three times as being unfit, and ended up in a psychiatric hospital at the end of the war. He is a fraud and has always been a fraud.

5) My father's fraudulent conduct is exemplified in the structure of his corporations including the Church of Scientology of California. In connection with each and every corporation which we created under general heading of 'the Church of Scientology', my father always required all of the Directors and Officers of all corporations to give him undated signed resignations in advance which he held. "

13 July 1988 Declaration of Joseph Yanny [Yanny was previously one of Scientology's attorneys]

"16. As to Mr. Warren McShane, I state that he has informed me that he was a high ranking operative in the 'G.O.', during the days which saw the events which resulted in the _United States v. Hubbard_ convictions.
His tendencies toward criminal behavior and disregard for the law were the subject of many complaints by me to Mrs. Vicki Aznaran prior to her incarceration in the dessert by the Cult. It was this tendency to criminality that resulted in his removal from his post and apparently gave rise to his current grudge match against me.
I was informed by Mr. McShane the he was running 'plants' in the inner circle of one David Mayo and that he was 'culling' confidential confessional folders of cult members (known as 'P.C. folders) to gain information that would be used against them as blackmail or for impeachment purpose. I personally observed this culling and objected to it.

17. As to Mr Moxon, I state that: Prior to his completing law school, he was one of numerous unindicted co-conspirators in the case of _United States v. Hubbard_.

18. Mr Cooley (who in his last two outings for the church lost a $39 million dollar verdict in Oregon and another $30 million verdict in L.A.) has personally ordered the destruction of evidence relating to Cult litigation in my presence. These orders were given to Warren McShane and Mark "Marty" Rathburn

19. I was hired by Mrs. Aznaran in 1984 to represent the Cult in trade secret, copyright and trade mark litigation matters.

20. I am informed and therefore believe, that sometime in early 1987, Mrs. Aznaran was abducted and taken to a "Johnestown-like" camp known as 'Happy Valley'. As far as I know, she just disappeared. It was not until many months later that Vicki, a personal friend, found the courage to initiate contact with me."

Declaration of Andre Tabayoyan March 1994

"41. I also observed a number of individuals go crazy when exposed to the Hubbard Tech even absent malicious intent on the part of the persons applying the Tech. For example, I saw John Colletto go psychotic after he was exposed to the OT III level (Operating thetan level III) materials. He got a pistol. In my presence, he shot his wife in the head. She died instantly. Then John ran a short distance before turning the pistol on himself and committing suicide. Moreover, John Travolta's auditor told me of two occasions on which John Travolta went into deep depression after auditing and therefore suffered a psychotic break."

Declaration of Mary Tabayoyan

16. A friend of mine, Betty Hardin, who works in the treasury division of Golden Era Productions, told me that she used to transport the pregnant women at the base to Riverside, California for their abortions. For about a year, she transported women almost weekly to the Planned Parenthood Center, in Riverside, so that they could have their abortions and follow up check ups that were needed. She said it just became routine. Pregnant Sea Org members were sent to the Planned Parenthood Center to get their abortions. When they returned to the base they went to Ethics.

Affidavit of Scott Mayer April 4, 1994

"17. When I was on the Apollo, I witnessed them making a new Board of Directors for Operation Transport Corporation out of a couple of galley hands and some musicians. Mary Sue Hubbard picked them out and they signed the corporate papers where and when she told them."

Michael Pattinson OPPOSITION TO DEMURRERS - 21st day of July,1999

Duress, as already pointed out in another connection, is a species of fraud. It also should be held that duress is fraud for purposes of tolling the statute of limitations . . . The two types of wrongdoing, duress and fraud, are often factually closely interconnected and indistinguishable. . . . [I]t must be held that subdivision 4 of section 338 is applicable where the gravamen of plaintiff's action is duress. Leeper at 207-8, 21, 21 (citations omitted).

Michael Pattinson 1st Amended Complaint

146. Defendants have represented that they cancelled Fair Game but they did not tell Plaintiff that Scientology's Fair Game Policy has been recognized and discussed in a number of cases including: Church of Scientology v. Armstrong, 232 Cal.App.3d 1060, 1067 (1991); Wollersheim v. Church of Scientology, 212 Cal.App.3d 872, 888-89 (1989); Allard v. Church of Scientology, 58 Cal.App.3d 439, 443 n.1 (1976); United States v. Kattar, 840 F.2d 118, 125 (1st Cir. 1988); Van Schaick v. Church of Scientology, 535 F.Supp. 1125, 1131 n.4 (U.S.D.C. Mass. 1982); Christofferson v. Church of Scientology, 57 Ore.App.203 (1982).

147. The Defendants Fair Game policies and practices are intended to "utterly destroy", professionally, financially and personally, any person who actively seeks to suppress or damage Scientology or a Scientologist by "Suppressive Acts" which are defined as "actions or omissions undertaken knowingly to suppress, reduce or impede Scientology or Scientologists." The handling of Suppressives is set forth in Scientology Ethics Issues which consist, to a large degree, in the protection of Scientology from external threats. "The Purpose of Ethics is TO REMOVE COUNTER-INTENTIONS FROM ENVIRONMENT" (HCOPL 18. 6. 68 Ethics; caps in original).

Declaration of Robert J. Cipriano    August 1999 - [re. Graham Berry]

"3. As of July 12th 1999, a certain set of circumstances and events have transpired that have caused me to write this Declaration. The events surround the introduction of Church Of Scientology private investigators, attorneys, officials and followers into my life since May 4th 1994. The circumstances and events surround "threats", "bribery", "intimidation", " "duress", "dead agenting", "fair game", "black propaganda", "slander", and "witness tampering".

Robert Cipriano proof of Service

5 January 1996 - Motion for Summary Judgement for Abuse of copyrights

RELIGIOUS TECHNOLOGY CENTER, Plaintiff,
v. Civil Action No. 95-1107-A ARNALDO PAGLIARINI LERMA, et al.,

"We do not expect courts will forget that [litigants who invoke the judicial process] must operate within the limits of the First Amendment as well as the [Fourth], Branzburg, 408 U.S. at 707-08, and a "District Court must ensure that the values [so] protected . . . are weighed carefully in striking a proper balance" between a plaintiff's right to relief and the judicial system's need to prevent abuse, Herbert v. Lando, 441 U.S. at 180 (Powell, J., concurring). Mr. Lerma requests nothing more than that the judicial process be reserved for those who bring and prosecute their claims in good faith.

Sherman D. Lenske in RTC Vs Lerma

I represented Mr. L. Ron Hubbard in all aspects of his estate planning from the time he engaged me as his attorney in approximately April 1981 until his death on January 24, 1986, and also represented the Executor of his Estate through the probate of his Will, which was concluded in January 1989. All of the documents effectuating the estate plan were drafted either by me or under my supervision, at the direction of Mr. Hubbard"

Memorandum of Criminal Activity   Federal Chief Judge Kovachavich

March 1996 - Motion for reconsideration (denied) RTC Vs Lerma

Your Honor, Imagine what that that Video Deposition might have looked like, if the man being interrogated, without counsel, by Earl Cooley, had been up for three days after being drugged by a massive dose of LSD - that is, if I was able to show up, at all....
I contend that this was their plan, and it makes sense of their reckless disregard of the terms and limits of the Writ of Seizure. They expected me to be incoherent, have no counsel, and be a raving madman on video....
The most compelling evidence I have to prove this scenario, is the recklessness of the RTC's application of the 'intent' of the seizure the court authorized. This was how they expected to get away with such outrageous behavior, in a case whose facts are beyond fantastic, and I contend that the RTC relied upon the unbelievable and fantastic nature of my allegations, that these facts would not be disclosed and if so would not be believed.

Further, after showing a previous rendition of this document to Amy Jones Baskaran of Arlington Virginia, an Attorney, who was running a video camera on my behalf during the raid of my home by this cult, after reading the statement above said, "I was wondering why a couple of them spent so much time in your bathroom"

Scientology's Fee Request DENIED in RTC vs. LERMA

Memorandum Order and Opinion 22 Nov 1996 RTC Vs FACTnet

History of the RTC v Lerma Case

"The dispute in this case surrounds Lerma's acquisition and publication on the Internet of texts that the Church of Scientology considers sacred and protects heavily from unauthorized disclosure. Founded by L. Ron Hubbard, the Scientology religion attempts to explain the origin of negative spiritual forces in the world and advances techniques for improving one's own spiritual well-being. Scientologists believe that most human problems can be traced to lingering spirits of an extraterrestrial people massacred by their ruler, Xenu, over 75 million years ago. These spirits attach themselves by "clusters" to individuals in the contemporary world, causing spiritual harm and negatively influencing the lives of their hosts" [Judge Leonie Brinkema 4 Oct 96 Memorandum Opinion]

January 26th 1997 Declaration of Gerry Armstrong
[Lerma, contacted at his home in Arlington, Virginia, was pleased with the result]

"Scientology sought to crush me and prevent me from raising my voice by waging war through litigation. This ruling completes a major victory for supporters of freedome of speech. The Court has declared that facts about the inner workings of Scientology are not trade secrets, it supported my right to expose the Church to the Washington Post and, today, it denied the Church's attempt to crush me financially. I will continue my opposition to the Church." Asked about the injunction, Lerma stated, "I never knowingly put copyrighted material on the Intemet. I think the Court recognized that I only uploaded the Fishman Affidavit because I thought it was a public document. I can certainly continue my opposition to Scientology without violating copyright law and I intend to do so."

11. I believe the order and judgment are illegal on their faces, and obtained by Scientology through illegal tactics. The "contract" which the "order" enforces was obtained by Scientology through threat, fraud, related criminal activities, and the vitiation of my lawyers. I have appealed the judgment, and believe that I will prevail and be free from Scientology's very damaging, illegal and evil efforts to keep me suppressed and defenseless. In the meantime, I am by this declaration making known some of Scientology's abuses, one of which is this order itself, and I am working for their cessation, for safety, peace and sanity on whatever channels remain to me. I know that certain of Scientology's leaders and agents are vindictive, desperate and dangerous, and have targeted me as a major "enemy." I believe I am in considerable physical danger at this time. What Scientology's leaders have done and ordered done to suppress and destroy me in the past 15 years is unbelievable, and these people evidence a continuing determination to keep that history of suppression and destruction from ever being believed or even known.

August 25, 1997 Appellate Brief of Gerry Armstrong

Could a court enforce a contract requiring that a person not discuss the Republicans? The Democrats? The Communists? Politics? Would any court entertain a lawsuit to collect on a $50,000 liquidated damages provision in such a contract? If free speech rights can be waived by contract, could a court enforce a contract someone signed, perhaps because his attorney told him it was not worth the paper it was printed on, in which he agreed to not speak at all, about anything?

No. There must be a limit to what speech can be contracted away. Here, GA [ Gerry Amstrong ] has been sued 5 times, driven into bankruptcy driven from his job, black PRed and pilloried. The purpose of the First Amendment guarantee of free speech is to provide a defense for all citizens from such things, and indeed to prevent them from happening.

It is perhaps acceptable that Scientology pays people, or even contracts with them for their silence. It is, however, completely unacceptable and impermissible for our Courts to enforce such contracts. When Courts cease such enforcement, Scn will perhaps cease its determination to silence people and its determination to rewrite history. The people will then get what they are owed in order to make informed choices which is their due: the free flow of truthful information.

Scientologist Glenn Barton Vs Graham Berry
Berry replies:

"PLAINTIFF. S COUNSEL CONTINUES TO MISLEAD THIS COURT On or about June 8, 2001, Plaintiff filed an unsuccessful motion for summary judgment herein. Among other things, Defendant filed a Rebuttal Declaration on July 9, 2001 and a Post- Oral Argument Evidentiary Submission on July 11, 2001. Both documents contained evidence major material misrepresentations herein by Plaintiff. s counsel. "

August 1999 Declaration Cheryl Nelson [re. Graham Berry ]

11. Mr. Berry escorted me to my car every night because of his fear that Scientology operatives might try to scare me, or worse. He commented that his last secretary (Maria, who had been with him for over 10 years) had been harassed by Scientology operatives and, upon the abrupt dissolution of Mr. Berry's law firm, decided to leave because she was tired of the Scientology harassment, even to the point of Scientology operatives showing up at her home.

12. I parked my car in a different spot every night and drove home different ways because I feared Scientology operatives would detect a pattern and seize upon it. I am very well aware of the tactics employed by scientologists against their perceived enemies.

13. One night I went to my car unescorted. I encountered someone who stared at me and told me to get lost. It may have been a psychotic street person, but they are hard to distinguish from some scientologists.

Scientology's History of Criminality

From the IRS's Final Adverse Ruling of July 8, 1988 to Church of Spiritual Technology, (COST), pages 8-10:

"The past history of Scientology's operations suggests that the purpose of these organizations may be to disguise the fact that private interests are the ultimate beneficiaries of the reorganized operating structure.... "

Affidavit of Professor Stephen Kent [McPherson Civil Case]

Scientology training appears more like an educational activity (the acquisition of knowledge and practical skills in the application of Scientology theory and technology) than a religious activity or worship in the sense defined by the Commissioners (Charity Commission, 1999a: 25).

Like auditing, Scientology training appeared to be non-religious. In a similar vein, the Commission "considered the core practices of Scientology, namely auditing and training, and concluded that the private conduct and nature of these practices together with their general lack of accessibility meant that the benefits were of a personal as opposed to a public nature." The Commission concluded, therefore, that Scientology's application for charitable status had not established public benefit, nor had it established Scientology's auditing and training as religious practices. Accordingly, the Commission rejected its application for charitable status (Charity Commission, 1999b: 4; 1999a: 47-49).

Lisa McPherson case: Plaintiff's reply to Scientology's claim that "purification rundown" is a religious practice

"Mr. Kartuzinski later testified under oath to the Pinellas County State attorney, Douglas Crow, that he had lied many times to the Clearwater police during their criminal investigation including whether Lisa being merely a hotel guest inside the hotel for rest and relaxation. (See attached statement of Alain Kartuzinski of October 13, 1998 p. 70, 71,72, 73, 74, 75, 76, 79, 80,).

He did say he lied to the police even though during the interview he had Flag counsel present. Mr. Kartuzinski, also admitted on p. 81 that after lying to the police during their criminal investigation of the death of Lisa McPherson, he had another interview with Flag counsel and confessed to Flag counsel that he had lied to the police.

Although he was reprimanded by Flag counsel that he lied to the police, Flag counsel wrote two letters to the police indicating that Lisa was only in the hotel for rest and relaxation. Flag counsel never corrected the lies of Kartuzinski. 

Sept 5 Hearing in McPherson case  Legal wrangling over witness depositions, starring Ken Dandar   and John Merritt Vs MOXON et all

Jesse Prince Declaration in McPherson case:

"14. David Miscavige specifically ordered destruction of any documents in ASI's possession which would implicate Hubbard as managing agent of Scientology. He stated that under his directive the LRH orders, or "advices" were being collected and transferred by truck to a Riverside County recycling plant where the documents were to be "pulped." This method of destruction was considered to be better than shredding. I was also put in charge of purging the remainder of the LRH orders, i.e. "Advices". This was to include "advices" that were located in Church of Scientology of California (CSC); Church of Scientology International (CSI); and RTC.

15. Several weeks after the April, 1983 meeting, I attended another meeting at the ASI offices concerning the continuing destruction of Scientology corporate documentation. In attendance at this meeting were David Miscavige, Lyman Spurlock, Vicki Aznaran, Norman Starkey, Marty Rathbun, and Scientology attorney, Earl Cooley. At this meeting, Miscavige, for the first time, stated that Scientology had been ordered by a court to produce various documents concerning a former Scientology member, Lawrence Wollersheim, who had a lawsuit pending in Los Angeles against the Church of Scientology of California. The court had ordered Scientology to produce Wollersheim's entire Pre-Clear file. "

Nov 7 2001 3 CASE NO. 00-5682-CI-11 (McPherson Civil Case):

Jesse Prince Declaration July 1998

"It is incumbent on this and every court, as well as the authorities, to realize the amount of deception, chicanery, lying, manipulation and outright criminality that Scientology will employ to hide the truth about their criminal activities. They will spend any amount of money to do this. I know because I was part of it for years. I received orders to break the law. I issued orders to break the law. I got others to break the law, and then I helped to hide these criminal activities just as they are hiding them now. "

Court transcript of hearing regarding Jesse Prince as an Expert witness

24 THE COURT: And they probably didn't want to be
25 there. But they were there and, in good faith, went
320 -- 1. ahead and executed it. They do not want to go,
2 probably, to a tampering with a witness.
3 Truth of the matter is, your own investigator
4 said and testified under oath in a trial they have
5 two purposes that they were hired for. One was to
6 look out for a security risk in Jesse Prince; two,
7 to get information that would impeach him in the
8 form of criminal activity. That's your witness.
9 That's your investigator. He was paid for it. And
10 they ought to know what they're talking about.
11 There's enough evidence in this record before
12 me for me to make that decision, and I'm going to
13 make it.
14 I understand where you're coming from. But in
15 my opinion, they were hired to do two things.One
16 was proper and one was not. Therefore, he's going
17 to get his request for sanctions. What they're
18 going to be is going to determine -- be determined
19 based on whether or not, I think, that this man
20 could ever have testified as a witness for them.
21 MR. FUGATE: I understand.

Order granting depositions for Jesse Prince

If the state chooses, prior to trial, to move this court to exclude references to the so-called "fair game" policy then the court will entertain such a motion....

From Motion in Opposition to Summary Judgement in Lisa McPherson Case :

Roach Feeding Sites:

"All of the Estate’s pathologists have further opined that Lisa did have
bug bites on her body, antemortem and peri-mortem. Dr. Spitz has
documented insect feeding sites on two autopsy microscopic slides.
Appendix A5, at pp. 20-27, 73-74. The scientific evidence of the post mortem photographs of Lisa’s body show 109 different cockroach feeding sites, mostly antemortem, per the board certified entomologist retained by the Estate, Neil Haskell, Ph.D. See attached excerpts from his deposition, Appendix 6, at pp. 238-239, and his diagram of feeding sites, Appendix 7, with special emphasis on the facial autopsy photograph. Appendix 8. This is in direct conflict with the affidavits and depositions of staff filed by Defendants."

Bill to Amend Criminal Code in Canada to end abuse of process by Scientology
Bill S-4  -- An Act to amend the Criminal Code
(abuse of process)

"The problem is the use of the court process and judicial proceedings by barristers for harassing and injuring others, that is, for civil molestation, without penalty. The deployment of court documents, court privileges and court proceedings as instruments of malice and injury should, indeed, be made criminal offences.

This continuing abuse of the legal and judicial process by certain members of the legal profession compels careful examination and scrupulous attention. The barristers in the Scientology case read like a list of the who's who of the legal profession in Canada. This case and the Supreme Court decision seriously questions the conduct of the barristers, one of whom, Clayton Ruby, was a bencher of the Law Society of Upper Canada and, at the time, the vice-chairman of the Law Society's Discipline Committee."

Declaration of Edmond Hattaway

"20. The only problem was MY NEW LIFE. I was stressed out, burned out and under EXTREME financial duress from the creditors who bad loaned me money to buy my super OT abilities! I fell 6 months behind on my mortgage(s), my office rent, my equipment lease and my van. Over the next two years I accumulated over $30,000 in back taxes. We were drowning in debt. Even with all my super-duper OT ability (NOT!) I was incapable of producing at my previous level! "

Declaration of Tara Hattaway

"Melanie. s very strong advice and pressure was to abort the baby. She had gone on to say that at this point in my life it is better to do the greatest good for all. That spending my life . clearing the planet. which means basically to get the planet saved from insanity, would be the greatest good, in other words, a far more noble endeavor than leaving staff to raise a child."

Declaration of Lawrence Woodcraft

- An architect for the Freewinds ship tells
of dangerous blue asbestos.
[Lerma sent out postcards in an attempt to alert Scientologists of this potential health hazard on The Freewinds - doing so would be later characterized as a "hate crime" by Scientology
in 'complaints' to the USPS guided by Scientology's OSA version of the outlawed Guardian's office]

Declaration of Maria Pia Gardini 

"77. I was so upset with OT VIII that I talked to the supervisor. She told me to just do it and I will be amazed at the wins I will have getting rid of overts off all the BTs from the whole track. I wanted to get out of there but there I was in the middle of the ocean. I was furious! I was just ordering BTs on a sec check (Scientology Security Check.)
78.    The night I attested to OT VIII, I went ashore with some friends to see the casino in Nassau. Guess who was gambling there? David Miscavige, Guillame Leserve and Ray Mithoff. Isn't gambling an overt in Scientology? When I saw this, I was ready to leave Scientology. Between the gambling and the OT VIII, it was like garbage. I wanted to leave, but this was very difficult."

Declaration of Hana Whitfield [Hana Eltringham Whitfield was Hubbard's "Deputy Commodore" in the Sea Organization in the early 1970's]

" 8. Hubbard once spoke about his strategies for "handling" his enemies. The best way was to, literally, drive them crazy, to use all one's resources to find their weaknesses and hit them hardest where it hurt the most. He said there were few men in history who mastered the techniques to do so successfully. He intimated he was one.
[...]
31. The first Hubbard policy on "Fair Game" was printed 1st March 1965, "JUSTICE SUPPRESSIVE ACTS SUPPRESSION OF SCIENTOLOGY AND SCIENTOLOGISTS THE FAIR GAME LAW," attached herein as Exhibit 13. It states: "By FAIR GAME is meant, without rights for self, possessions or position, and no Scientologist may be brought before a Committee of Evidence or punished for any action taken against a Suppressive Person or Group during the period that person or group is "fair game ... Such Suppressive Acts include ... 1st degree murder, arson, disintegration of persons or belongings not guilty of suppressive acts (emphasis added)..."

Hubbard thus gave Scientologists carte blanche to commit criminal acts against anyone declared a suppressive person. Despite Scientologists' protestations that the policy does not exist or never existed, I was a student at Saint Hill Manor, England in late 1965 when I was required to study it. "
[...]
"SCIENTOLOGISTS AND SEA ORG MEMBERS ARE OFTEN LOCKED UP AND HELD AGAINST THEIR WILL, SOMETIMES FOR MONTHS."

PLAINTIFF’S MEMORANDUM OF LAW IN OPPOSITION [ From Lisa Mcherson Civil Case]

"All of the Estate’s pathologists have further opined that Lisa did have bug bites on her body, antemortem and peri-mortem. Dr. Spitz has documented insect feeding sites on two autopsy microscopic slides. Appendix A5, at pp. 20-27, 73-74. The scientific evidence of the post mortem photographs of Lisa’s body show 109 different cockroach feeding sites, mostly antemortem, per the board certified entomologist retained by the Estate, Neil Haskell, Ph.D. See attached excerpts from his deposition, Appendix 6, at pp. 238-239, and his diagram of feeding sites, Appendix 7, with special emphasis on the facial autopsy photograph. Appendix 8. This is in direct conflict with the affidavits and depositions of staff filed by Defendants.

Scaarf Deposition part 1

Q. What do you mean by Fair Game Doctrine?

A. Fair Game doctrine is a policy which was initially created by L. Ron Hubbard back in the '60's which is still used today, although the Church of Scientology and its members deliberately lie and say it no longer exists. And it is a policy by which individuals which the Church of Scientology perceives to be its critics and enemies are intimidated, harassed, threatened and anything that would cause a person to be silenced. "Not only myself but a number of my friends who are ex- members and former high-ranking officials of the Church of Scientology have all been targeted under the Fair Game policy and have been threatened and one has even been set up in a staged car accident by the Church of Scientology's Office of Special Affairs. "In the actual policy it states that a target of the Fair Game policy can be lied to, tricked or destroyed. And destroyed is very self explanatory. It gives a Scientologist the approval to murder someone that speaks out or is critical of Scientology.

Scaarf Deposition Part 3

"Q. And what is that understanding you have as to earlier significant events in his background? "

A. In both conversations with Mr. Moxon himself, he seems pretty proud of the fact, and in conversations with Eugene Ingram, David Butterworth and Sue Taylor, who is the Director of Public Affairs, Church of Scientology in Washington, D.C., Mr. Moxon was one of the original coconspirators involved in Operation Snow White against the FBI and the Internal Revenue Service which resulted in the arrest and conviction of 11 high-ranking members of the Church of Scientology in Washington, D.C. which also included the imprisonment of L. Ron Hubbard's wife, Mary Sue Hubbard. "Mr. Moxon is very proud of the fact that he was intimately involved in that whole unlawful affair and the FBI never caught him. He is proud of fact that he got away with doing unlawful stuff and he never got arrested or convicted for it.

"Q. Have you had any conversations with Mr. Moxon in whichyou gave he that impression?"
A. Yes. I did. When I spoke to Moxon my serious concerns about being caught and prosecuted for killing both Cynthia Kisser and killing Ford Greene, he mentioned this Snow White operation in which he was a part of and he tried to assure me there was absolutely nothing to worry about because I could trust him and I could trust the other legals to help me get away with this. He claimed there was no way anyone was going to find out." (Deposition of Garry L. Scarff, at p. 378, in. 18 - p. 380, in. 13.)

Declaration of Arel Lucas [Arel Lucas is Keith Henson's wife]

...And I've found some Aryan Nation members also getting punished under the Act for _exactly_ the same activities as are described herein.[ referring to activities engaged in by Scientologists]

Declaration of Charlotte Kates

"This Declaration describes my experience with fraudulent medical claims in Scientology, and helps to illustrate why it is so necessary that people like Keith inform and warn the public about the dangers of such practices. By exposing NOTS 34, Keith Henson was saving lives; that is public warning, and that is fair use. " C L Kates

31 Jan 2000  Reply to Opposition Motion of CSI to renewed motion to amend judgement--Wollersheim
CSI'S BULKY SUBMISSION CONTAINS DUBIOUS ASSERTIONS THAT ARE EXPOSED AS FOLLY BY ASTONISHING NEW EVIDENCE SHOWING HOW CLOSELY CSI GUIDED CSC'S DEFENSE.

In rebutting the factual contentions made in CSI's opposition, plaintiff begins with CSI's central assertion: that it "had no role in this case." (CSI Opp., p. 11.)
CSI's effort to defeat Mr. Wollersheim's motion rests mainly on the declaration of CSC's president, Neil Levin. (CSI Opp., p. 12, and respondents' joint Exhibit "5".) In it, Levin boldly (and incompetently, inasmuch as he acknowledges having held no position of authority at CSC until three years post trial) swears "[n]o employee, officer or director of RTC or CSI participated in formulating trial strategy or defense tactics in this matter." (Levin Dec., 11.)
Given Mr. Levin's seeming certainty in this regard, it should be inconceivable that CSI's president, Heber Jentzsch, would have been videotaped in the wake of the trial, mocking the jury and its $30 million verdict against CSC, in front of an audience of Scientologists -- and disclosing details of the post-trial strategy. Yet, that is precisely what happened, as Mr. Wollersheim's new, irrefutable video evidence shows. (Exhibits "XX-99" and "III-99" submitted herewith, and accompanying Supplemental Decl. of Daniel A. Leipold, 21-24.)
In the videotape, Jentzsch implicitly acknowledges having been present at the trial ("we could hear your shouts of 'Religious Freedom Now' through the walls on the fourteenth floor!"). And, there can be no mistake about what CSI's Jentzsch means when he talks of injustice committed against "us" -- or about the follow-up measures undertaken by "our legal people."

Supplemental Declaration of Jesse Prince in Wollersheim

29. I did give two taped interviews, which contradict my statements in this declaration concerning Miscavige's control of Scientology. The first interview occurred shortly before Halloween in 1992. With my wife, I was trying to get permission to leave the secret compound in Gilman Hot Springs, and they would not allow us to leave unless I agreed to state on audiotape that I was leaving on my own free will, that I was happy and pleased with being incarcerated against my will ...

Robert Vaughn Young in Wollersheim

5. RTC, CSI and Mr. Miscavige (hereinafter "Scientology") are attempting to hide behind the arcane and difficult Scientology vocabulary and organizational structure in the hope that the court will be baffled. I will take the court through this maze. I will translate the language using Scientology's own material (including a Scientology dictionary). With Scientology's own documents, I will show how Scientology is lying and why Scientology's argument should be rejected. DEFENDANT IS DECEIVING THIS COURT
6. Scientology is seeking to deceive this court regarding two primary targets: (1) that the Sea Organization is a loose-knit "fraternal organization" with no role in management; and, (2) that David Miscavige has no role or position as it relates to the management of Scientology or control over this case. I will show with their own documents that these are a lie. The Sea Organization (sometimes called SEA ORG or SO) is the nexus that permeates all Scientology "orgs" (Organization) and violates all Scientology corporate structures and David Miscavige has controlled it since 1982.

Wollersheim: The Church of Scientology appealed this decision twice to the United State Supreme Court
-- and twice to the California Supreme Court.
They [scientology] lost all of these appeals. The decision is now final.
The full citation and subsequent history of the case is: Wollersheim v. Church of Scientology, 212 Cal.App.3d 872, 260 Cal.Rptr. 331 (2d Dist. 1989), review denied, (Cal. Oct. 26, 1989), review denied, mot. granted, 495 U.S. 902, 110 S.Ct. 1920, 109 L.Ed.2d 284 (1990), cert. denied, 495 U.S. 910, 110 S.Ct. 1937, 109 L.Ed.2d 300 (1990), vacated, remanded, 499 U.S. 914, 111 S.Ct. 1298, 113 L.Ed.2d 234 (1991), on remand, 4 Cal.App.4th 1074, 6 Cal.Rptr.2d 532 (2d Dist. 1992), reh'g denied, 6 Cal.Rptr.2d 532 (Cal.App. 2d Dist. 1992), review granted, 10 Cal.Rptr.2d 182 (Cal. 1992), review dismissed, cause remanded, (Cal. July 15, 1993), cert. denied, 114 S.Ct. 1216, 127 L.Ed.2d 562 (1994).

Most interesting in this case is the trial court considering, then rejecting, the cult's assertion that "Fair Game" and other illegal acts against Larry Wollersheim were a "core religious activity" and therefore protected under the Constitution. The trial court rejected this ludicrous claim, stating:

It is not only the acts of coercion themselves -- the sabotage of Wollersheim's business and the episode of captivity on the ship -- which are actionable. These acts of coercion and the threat of like acts make the Church's other harmful conduct actionable as well. No longer is Wollersheim's continued participation in auditing (or for that matter, his compliance with the "disconnect" order) merely his voluntary participation in Scientology's religious practices.

The evidence establishes Wollersheim was coerced into remaining a member of Scientology and continuing with the auditing process.
Constitutional guaranties of religious freedom do not shield such conduct from civil liability. We hold the state has a compelling interest in allowing its citizens to recover for serious emotional injuries they suffer through religious practices they are coerced into accepting.
Such conduct is too outrageous to be protected under the Constitution and too unworthy to be privileged under the law of torts.

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DP 2663/84 Juzg. de Inst. 21 - AL JUZGADO

EL FISCAL, al amparo del lo dispuesto en el artículo 790 de la Ley de Enjuiciamiento Criminal, interesa la apertura del juicio oral ante la AUDIENCIA PROVINCIAL y formula con carácter provisional las siguientes CONCLUSIONES:

I A) Los orígenes, en España, de la ASOCIACION CIVIL DE DIANETICA, conocida internacionalmente como IGLESIA DE LA CIENCIOLOGIA o IGLESIA INTERNACIONAL DE LA CIENCIOLOGIA , se remontan al año 1968. En esa época, y más concretamente el día 18 de febrero de ese mismo año, tiene lugar (según la escritura no. 936, de 2 de marzo de 1973, de la Notaria Quinta del Circuito de la ciudad de Panamá, República de Panamá) la primera reunión de socios suscriptores de la sociedad denominada Operation and Transport Corporation Ltda. (OTC), perteneciente a dicha Iglesia, a bordo del yate "Royal Scotman" -mas tarde denominado "Apollo"­- atracado, en esos momentos, en el puerto de Valencia, reunión en la que estuvieron presentes el fundador de dicha Asociación Civil, L. Ronald Hubbard (fallecido después, en fecha no bien determinada, aunque sobré el año 1986), su esposa Mary Sue Hubbard y Lean Steimberg, y en la que resultó elegido presidente de OTC el mencionado Hubbard. ...

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