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 COURT OF INSTRUCTION 21
     MADRID
 D / Previas 2663/84
 
            DECREE OF THE COMMENCEMENT OF ORAL TRIAL

     In Madrid on the twelfth of December of nineteen hundred and
 ninety four.
 
                        PARTICULARS
 
     FIRST. - On January 18th of 1993 the decree resolving
 compliance with the procedure enjoined in Chapter II of Title III
 of Volume IV of the Law of Criminal Prosecution, the fourth of the
 resolutions listed in section V of article 789, and in accordance
 with the first paragraph of section 1 of article 790 of the
 aforementioned Law, in said resolution it was so disposed to effect
 the transfer provided for in said legal precept.
 
     SECOND. - Upon having executed the accorded transfer, the
 District Attorney's Office and the accusations represented by the
 Procurer Don Evencio Conde de Gregorio and Do$a Remedios Yolanda
 Luna Sierra, they have presented, in time and form, legal briefs
 soliciting the opening of the oral trial before the Illustrious
 Provincial Audience of Madrid and formulating a writ of accusation.
 
                       JUDICAL FOUNDATION
 
     FIRST. - Exhibiting, in principle and without prejudgment, the qualities
of the felonies of illicit association, threats, coercion, usurpation of
functions, false accusation, simulation of a felony, illegal arrest, crimes
against the Tax Administration, crimes against freedom and safety in the
workplace, intrusion, crimes against public health, injuries, damages, abuse,
slander and inducement to suicide, the particulars which have been the object
of the present lawsuit and sufficient incriminating elements having been made
manifest from the actions which have been carried out to attribute these to
Heber Jentzch, Arturo Reguera Ardanza, Maria del Carmen Munoz Rosal, Santiago
Vadillo Aceves, Ma. Victory de Blas Arribas, Enrique Coll Llopis,
 Valentin Fernandez-Tubau Rodes, Virgilio
Castellanos Saiz, Carlos Aliaga Aznar, Manuel Ruiz Serrano, Enrique Ayuso
Ferrer, Ma. Antonia Navarro Castillo, Ma. Monserrat Aguilera Martin, Alfonso
Marin Rodriguez, Ma. Luis Pere Aguilar, Ma. Belen Martin Garcia, Jose Manuel
Villarejo Perez, Judith Francos Abancos, Humberto Fontana, Finn Gerald Thomas
and Harold Claude Roussart, - who have been accused, and the commencement of
the oral trial having been requested, it proceeds to decree the commencement
of said oral trial, summoning the accused so that they may defend themselves
in the form legally contemplated, and adopting at the same time the
precautionary measures necessary to insure the outcome of the trial.
 
     SECOND. - Pursuant to article 790,6, fourth paragraph, in relation with
article 14, third and fourth, of the Law of Criminal Prosecution, and the
petitions of the District Attorney's Office and of the private accusations
having been examined, the Illusterous Provincial Audience of Madrid (Section
No.4) must be indicated as the competent agency for the prosecution and
 resolution of this lawsuit.
 
     THIRD. - Pursuant to the penalties solicited in said writs of accusation,
as well as the quantity of civil liabilities, it is proper to adopt the
precautionary measures in the terms which will be expressed in the
stipulations section of this resolution.
 
     FOURTH. - Although the commencement of the oral trial has been solicited,
formulating the accusation against a specific person or persons, the first
paragraph of section 6 of article 790 of the Law of Criminal Prosecution
empowers to the Judge of Instruction to decree the dismissal of the lawsuit
when he consider there is concurrence with what is contemplated in number 2 of
article 637 of this Law or that there does not exist rational indications of
criminality against the accused and so it occurs with respect to the accused
by the private accusation represented by the Procurer Don Evencio Conde de
Gregorio, Kurt Weiland, Per Ake Gardstrom, William Knight and Peter Warren and
so from a given examination of the proceedings which have been practiced it
appears that there does not exist rational indications of criminality against
said accused with respect to the felonies that are imputed by said private
accusation, since at no time, throughout this long delayed proceeding were
their declarations heard in the investigation phase, in quality of imputed,
neither were they informed of the
 imputation directed against them, nor of their legally established rights
which would assist them and therefore have not, during the investigation
phase, had the possibility of making whatever allegations that they might have
considered appropriate in their defense in the instruction phase, nor the
execution of whatever procedures which they might have judged relevant towards
the same end, consequently, not having acquired previously the condition of
being charged, and not being recognized such fell accusations in our judicial
ordinance, the participation of these accused persons in the commission of the
crimes which said private accusation imputes to them not ensuing either from
the documental evidence or
 from the balance of from the formal actions practiced, whereby, in accordance
with what is disposed in article 641, 2' of the Law of Criminal Prosecution,
the provisional abatement of the lawsuit with respect to the accused Kurt
Weiland, Per Ake Gardstrom, William Knight and Peter Warren.
 
     FIFTH. - Upon stipulating in this decree the rulings enjoined by the
mentioned legal procedures, at the same time it must be specified according to
what has been stipulated about the sequence of the proceedings in article 791
of the Law of Criminal Prosecution.
 
     In attention to that which has been set forth,
 
     I HEREBY ORDER:
 
     1ST. - To decree the commencement of the oral trial and to consider this
criminal lawsuit to be founded on the felonies of illicit association,
threats, coercion, usurpation of functions, false accusation, simulation of a
felony, illegal arrest, crimes against the Tax Administration, crimes against
freedom and safety in the workplace, intrusion, crimes against the public
health, injuries, damages, abuse, slander and inducement to suicide, against HEBER
JENTSZCH, ARTURO REGUERA ARDANZA, MARIA DEL CARMEN MU%OZ ROSAL, SANTIAGO
VADILLO ACEVES, MARIA VICTORY DE BLAS ARRIBAS, ENRIQUE COLL LLOPIS, VALENTIN
FERNANDEZ-TUBAU RODES, VIRGILIO CASTELLANOS SAIZ, CARLOS ALIAGA AZNAR, MANUEL
RUIZ SERRANO, ENRIQUE AYUSO FERRER, MARIA ANTONIA NAVARRO CASTILLO, MARIA
MONSERRAT AGUILERA MARTIN, ALFONSO MARIN RODRIGUEZ, MARIA LUIS PEREZ AGUILAR,
MARIA BELEN MARTIN GARCIA, JOSE MANUEL VILLAREJO PEREZ, JUDITH FRANCOS
ABANCOS, HUMBERTO FONTANA, FINN GERALD THOMAS, and HAROLD CLAUDE ROUSSART.
 
     2ND. - The following precautionary measures are hereby ordered.
 
     a). - To decree the provisional release of the accused.
 
     b). - It is decreed, as a civil accountability, the sum of one hundred
sixty million eight hundred forty one thousand two hundred seventy one pesetas
(160.841.271), to guarantee the financial responsibilities that could be
declared pertinent. Require of Heber Jentzch, Arturo Reguera Ardanza, Maria
del Carmen Mu$oz Rosal, Santiago Vadillo Aceves, Maria Victory de Blas
Arribas, Enrique
 Coll Llopis, Valentin Fernandez-Tubau Rodes, Virgilio Castellanos Saiz,
Carlos Aliaga Aznar, Manuel Ruiz Serrano, Enrique Ayuso Ferrer, Maria Antonia
Castillo, Maria Monserrat Aguilera Martin, Alfonso Marin Rodriguez, Maria Luis
Perez Aguilar, Maria Belen Martin Garcia, Jose Manuel Villarejo Perez, Judith
Francos Abancos, Humberto Fontana, Finn Gerald Thomas, and Harold Claude
Roussart so
 that within the period of one audience and in solidarity they present this
amount, with the admonition of the fact that if they do not deliver it within
the stipulated period, that the court will proceed to seize assets of their
property in sufficient proportion to cover it. Compose a separate legal action
of civil responsibility with the documentation of it concerning this specific.
 
     The Illustrious Provincial Audience of Madrid (fourth section) is
appointed as the judicially competent agency for the hearing and the verdict
of the present lawsuit.
 

     Subpoena the accused with delivery of the copies of the writs of
accusation so that in the period of three days they may appoint Attorney and
Procurer to defend and represent them; and if this is not done, name them at
the state's expense and once satisfied this action, transfer to them a copy of
the proceedings in photocopy so that within the period of 60 days they may
present their writs of defense in opposition to the formulated accusations.
 
     3rd. - To deny the opening of oral trial solicited by the private
accusation represented by the Procurer Sr. Conde de Gregorio against Kurt
Weiland, Per Ake Gardstrom, William Knight and Peter Warren and decree with
respect to the same the provisional abatement of the present lawsuit.
 
     There is no appeal permitted in opposition to the section of the decree
of commencement of the oral trial, except in what is related to the personal
situation of the accused. An appellate recourse in opposition to the section
of the decree which denies the opening of the oral trial may be formulated
within the period of five days.
   
      Thusly do I decree and sign D& Maria Paz Redondo Gil,
 Magistrate Judge of the Tribunal of Instruction 21 of Madrid.
 
 
 

The rest of the story..

At a "gala public event' event in Los Angeles, David Miscavige announced that the Spanish Criminal Case had been dismissed, and bragged that when the prosecutor put his witnesses on the stand "Scientology worked".!

What he was alluding to, I will now describe.

The criminal case was based upon incident that occurred when a civil case was brought by some ex-scientologists to get their money back. Two of the names I knew involved were John Caban, a jeweler, and Pedro Lerma ( no direct relation that I know of ). John would call me from time to time from Spain tell me what was going on. At one time he introduced me to Pedro Lerma during the telephone call.

John told me that during the previous civil trial, scientology had brought so many operatives into Spain that they rented an entire house.

In Spain, there are what are called "The Judicial Police", Judges in Spain can do their own investigations, much like France, and this police force is to assist them and protect them from retributions. During the civil case, the Judicial police bugged this house and recorded everything. This was what prompted the criminal indictment above.

John told me in his last telephone call, in 1995 that scientology had harassed and then bought off, all of those who were complainants in this criminal action, and that he was the last one, and he expressed his lamentations that he did not think he could hold up much longer.

He did not tell me many details, but I knew the pattern, which is to exhaust the plaintiff's through legal harassment, contrived financial hardships and by surveillance and stazi style psychological operations and then offered them a pile of money if they would settle out of court.

This is what they did to us, in RTC vs Lerma. Lawrence Wollersheim describes this as "The carrot and the stick" offer... and for the combined silence of Lawrence, myself and Bob Penny, Scientology was discussing an aggregate payment of 9 to 12 MILLION dollars. We refused.

But in Spain, now alone, John Caban could not take it anymore.

And this is what David Miscavige meant when he told his members that "When the prosecutor brought his witnesses onto the stand - Scientology Worked!"

Please help us, end this threat to democracy.

Support those who refuse to be silenced.