John G. Peterson

John G. Peterson

John G. Peterson

GA Letter to Clayton C. Ruby (2) (February 17, 2004)

February 17, 2014

Clayton C. Ruby, Esquire
Ruby Shiller Chan Hasan

11 Prince Arthur Avenue
Toronto, Ontario M5R 1B2
By: Canada Post

Fax 416-964-8305
Email ruby@rubyshiller.com

Dear Mr. Ruby:

In April 1985, during the trial of Julie Christofferson v. Scientology in Portland, Oregon, cult attorney John Peterson stated to the court that you, Mr. Ruby, were responsible for the unlawful video recording you dishonestly call “a police authorized video” in your 1992 letter to Ms. Yingling.1

If a corrupt police officer signed an unlawful note authorizing you to murder someone you hated – like me for example – would you call that a police authorized murder?

Peterson said that you hired Eugene Ingram, the Scientologists’ most notorious private investigator, and you ordered the unlawful video recording, not Peterson and not the Scientology cultists. Your PI Ingram threatened to assassinate me, threatened to put a bullet between my eyes, as I’m sure you know.

At first I thought Peterson was lying in the Portland court, hiding his own and the Scientologists’ complicity in the unlawful Armstrong operation, and using the fact that you were in Canada and outside subpoena range for the Christofferson trial. Because of my discovery yesterday of your letter to Ms. Yingling, however, I have had to reconsider your involvement. I now believe that you conspired with Peterson and the Scientologists.

If attorney Peterson is to be believed at all, then you paid the corrupt LAPD officer for the unlawful “authorizations” to eaves drop on, wiretap and record my attorney Michael Flynn and me.2

Peterson also stated that you alone as of April 1985 possessed the unlawful video recordings. So I have to conclude that you are responsible for the dishonest editing of the videos, for the dishonest transcripts, and for the black propaganda the videos have been used for all these years.

I do not believe that your one letter to Ms. Yingling is your only communication about your video recordings, or your only communication lying about and black PRing me or Flynn. I think your one letter that surfaced is but the tip of a monstrous criminal black propaganda berg.

I believe that as willing as you have been to do what you have done in service of the Scientology cult, there is almost no limit to what you would do to a person you want to victimize like me. You are a criminal defense attorney with many connections into the criminal underworld, and into criminals like Ingram to do your dirty work. The Scientology cult has long had associations with dangerous criminals, and has a practice of hiring psychopaths. I believe I am in more danger from you and your clients and cohorts than ever.

Your Scientologist clients have physically assaulted me on multiple occasions, terrorized me on the freeway, broken into my car and stolen valuable property, framed me and tried to have me prosecuted on false criminal charges, obtained unlawful jail sentences against me, forced me into bankruptcy, black PRed me around the world up to the top of governments, run covert ops on me, forged my signature over racist Internet postings, and even hired prominent people like you to destroy me. You are the enemy of good people, and the world should know it for everyone’s safety.

I understand that even the most criminal even murderous people deserve legal representation. I have no problem with that concept. I have a serious problem, however, with the lawyers who lie for their criminal clients.

You also can correct all this. But you can’t correct it with more lies, or hiring more thugs. You have to tell the truth and remedy the lies and black PR you’ve spread about me, Flynn and your Scientologist clients’ other enemies or victims.

Yours genuinely,

Gerry Armstrong

Notes

  1. For videos, transcripts and related documents: http://armstrong-op.gerryarmstrong.ca/the-illegal-videos
  2. See Peterson’s trial testimony in Christofferson.

Mark Rathbun: on John G. Peterson (May 28, 2013)

Hubbard had sent a memo to our unit, advising that we develop what he called a “punitive defense.” Hubbard reasoned that if Flynn and company could take a bunch of false plaintiffs and use the litigation process to inflict vast expense and chaos within the church, well, we could just as easily use the process more effectively in the same wise against Flynn. The end product of the punitive defense was to make the process too painful for any plaintiff to carry on.

We hired a coordinating attorney in Los Angeles named John Peterson. John had an amiable personality which helped get more recalcitrant attorneys to cooperate with our plans. John and I played an effective good guy/bad guy routine. I would rough up our attorneys with over-the-top demands for aggressive action, then John would follow up by hearing their objections, expressing his understanding of their concerns and then more gently obtaining their agreement to compromise and do something far more aggressive than they normally would do.

We had an office built for John within the complex. He worked for us full time, until his untimely death in 1987. John was in constant communication with our lawyers across the country. John and I worked out several tactical plans to inconvenience Flynn and his co-counsel. We forced him into a series of errors over the next several months. We overloaded him with paper, hearings and depositions. The FAMCO boys started missing filing deadlines, and not properly preparing witnesses we were deposing daily. Within months we had reversed the tide of the litigation; FAMCO finding itself in the state of disarray as we had been when we entered the war. By the end of summer we had chipped away at a number of cases, with portions being dismissed. More importantly, we had Flynn’s back against the wall, defending two contempt
proceedings for misrepresentations to courts, which we had flustered him into. Finally, in August, Flynn was held in contempt by a judge in a remote jurisdiction.

Rathbun, Mark (2013-05-28). Memoirs of a Scientology Warrior (pp 191-2).

Notes

Mark Rathbun: The Battle of Portland (May 28, 2013)

CHAPTER TWENTY-TWO
THE BATTLE OF PORTLAND

Men in general judge more from appearances than from reality. All men have eyes, but few have the gift of penetration. — Niccolo Machiavelli

Everything hung in the balance at the spring, 1985 trial of Julie Christofferson-Titchbourne vs Church of Scientology. This was the very case that my brother’s friend had tried to tell me about in 1977 in Portland, when he was making an effort to get me out of Scientology. Christofferson was a young woman who had taken a simple Communication Course. It was the very Communication Course that I had taken, at the same Portland mission I’d attended.

Christofferson had, however — according to her — an experience completely opposite to my own in taking the course. She and her Flynn-allied attorney Garry McMurry claimed that she was defrauded into taking the course in the first place, by false representations about L. Ron Hubbard’s credentials and Scientology’s scientific guarantees to bring her health, joy and happiness. According to the lawsuit, the course hypnotized Christofferson and the mission subsequently used that hypnotic state to turn her against her family. The case had originally gone to trial in 1977, and a Multnomah County jury had returned a verdict in her favor for more than two million dollars.

In 1982, the Oregon Court of Appeals reversed and remanded the case for new trial. The appeals court decision was one of our first major religious recognitions. While Miscavige took full credit for the victory with L. Ron Hubbard, in fact he had served as little more than a nuisance to its accomplishment. The case had already been argued and was pending decision when Miscavige’s Special Project came on the All Clear scene in 1981. His then-deputy Starkey had attempted to intervene in the matter, and wound up blowing off the attorney who would ultimately win the great precedent, Charles Merten.

Merten refused to re-try the case because of his disgust with the church’s new order. But he had already briefed and argued the appeal of the 1979 verdict, so there was no way for the Special Project to mess that up. Had it not been for the original Christofferson case appeals court decision, we likely would not have attained several of the more minor — but useful in their cumulative effect — religious recognition precedents we did wind up achieving through the perilous fight for an All Clear.

A new trial lawyer had been retained in Portland to try the case. Ted Runstein was a personable, seasoned and successful trial attorney. He was, however, demoted to ride shotgun to Earle Cooley and keep his mouth shut as local counsel after saying something for which Miscavige never forgave him. Runstein had suggested that “the jury needs to hear from some real Scientologists from the witness stand.” Miscavige replied that we have plenty of Scientologists on our witness list. Runstein countered, “Those are all Sea Org staff; I am talking about having them hear from Scientologist parishioners who live and work in the same community as the jurors — real Scientologists.” Miscavige snapped, “Sea Org members are real Scientologists, public Scientologists are dilettantes.” Miscavige ruminated on this affront by Runstein throughout the trial, calling him a “theetie-weetie, airy-fairy idiot” behind his back.

So when Earle Cooley rolled into town he had free rein.

David Miscavige, as the chairman of the board of Author Services, would spend the next several weeks in Portland supervising and dictating every last detail of the trial. He was going to show me, the dozens of other attorneys he categorized as “defensive losers,” and the entire OSA network how a trial was conducted, Scientology style. No more counter-intention from lawyers who knew best. He had a soul mate in Earle, so that in his view L. Ron Hubbard’s slash-and-burn policies with respect to detractors and attackers would run into no internal interference. David Miscavige would prove to Ron once again why he needed him to ramrod his intentions through. Hubbard himself was apparently incommunicado, as evidenced by little to no dispatch traffic arriving — which made Miscavige’s two-month, full-time battle of Portland stint possible.

We rented a number of units at a downtown condominium, walking distance from the courthouse. One unit was inhabited by Earle, his long-time mistress Jeannie and their fourteen-year-old son. Another one-bedroom unit was occupied by Miscavige and me. Another was reserved for a couple of Office of Special Affairs staff, and served as a document preparation area and repository. We had a dozen more staff working out of the offices of the mission, which were only a few blocks away. One more condo unit was occupied by Earle’s partner and protégé, Harry Manion.

Harry would prove pivotal to the case, though he did very little speaking in court. Harry was in his early thirties. A big, strapping man — if overweight, like Earle — with a boyish face and an infectious smile and personality. Harry was the archetypal hale fellow well met. He had a glib, friendly word for everyone he encountered, and a natural ability to make people feel comfortable and light. Harry had something else going for him. He was a former college and minor-league professional baseball player, and that really meant something to the judge.

Judge Don Londer was respected by many locally. But because he was Jewish, he was not really accepted into Portland’s traditionally WASP judicial circles. Londer consider himself an old jock, often reminiscing about his boxing career during his younger days in the Navy. He was also a decent, considerate man. However, he was not very bright. In the condo we used to joke that maybe he had his lights knocked out one too many times during his boxing career. But because Harry was a real professional athlete, in Londer’s eyes Harry could do no wrong. Harry struck up a relationship gradually by arriving a little early to court, and thus “bumping into” the judge regularly. The latter always wanted to hear jock war stories from Harry. Harry was the son Don Londer wished he had fathered.

In Miscavige’s view, the Christofferson case was the perfect test case. Christofferson had only ever had a few months engagement with Scientology. She had spent a total of $3,000 on auditing and courses. She had not been harassed by the Guardian’s Office. The court of appeals had already ruled that she could make no case for infliction of emotional distress/outrageous conduct.

Her only remaining cause of action was for fraud. The court of appeal had even narrowed the issue to whether the representations made to her were motivated by sincerely-held religious belief.

In retrospect, it was probably the stupidest move imaginable to not settle the case before trial, for those very reasons. Christofferson claimed fraud primarily based on alleged false representations about L. Ron Hubbard’s pre-Scientology credentials. These were the very issues aired in the Armstrong case, which had made an All Clear all but unattainable. By going to trial, we were affording a woman — who effectively had no damages to claim — a worldwide platform to replay the Armstrong inquisition all over again. Except this time Flynn’s stable of witnesses was bolstered by the former Executive Director of International Scientology, Bill Franks, and the former head of the organization Christofferson had interacted with — the Scientology Mission of Portland, Martin Samuels.

Samuels had been the owner of the Portland mission when both Christofferson and I were parishioners there. He was the owner of the Portland mission when the first Chistofferson trial played out. Samuels had joined the Flynn camp shortly after being expelled, during Miscavige’s mission holder purges of 1982. Samuels testified in the first Christofferson trial on behalf of the church. In the second trial we knew that he would testify that the mother church had not only run every single detail of the trial, but even forced Samuels to lie on the witness stand. And thus Christofferson II was rather a cinch for the Flynn camp to hit the mother church with a sizable judgment (something that had not occurred in the first trial).

But Miscavige — and thus we — looked at it in the simplistic, black-and-white, good-vs.-evil worldview of L. Ron Hubbard. This was our big opportunity to play it all over again. In our view, the 1979 Chistofferson verdict had been what motivated Flynn and FAMCO in the first place.

All of the testimony in the Armstrong trial (including that of Armstrong and Laurel Sullivan) came pouring into the record. More horror stories were added by Samuels and Franks, and by a host of other witnesses. Miscavige and I directed a couple dozen staff, frenetically working through each and every night to provide Earle with material to discredit each witness on cross examination. While direct examination was still in progress, I, Miscavige and several other staff would pore over the real-time transcripts being relayed from court, marking them up for every bit of discrediting documentation we had available in a massive file room at the mission. When the court day ended, we would huddle with Cooley and outline the preps required for the cross exam the next morning. The crews stayed up until 1 or 2 every night, putting the material together and getting final ok from me and Miscavige. Then we would sleep for two to three hours, wake up at 4 a.m. and prepare to meet Earle in his condo at 5 a.m. We would spend the next three hours briefing him on details about how each witness had lied, exaggerated, and twisted the truth or was somehow morally reprehensible. We liberally used material from the ethics records from their days in the church, even copying internal reports to use on cross. This went on for weeks. We continually engaged in echo-chamber, confidence-reinforcing sessions, reviewing how Earle had so thoroughly destroyed each witness’ credibility.

There were external indicia to support our overconfidence. Earle Cooley brutalized the plaintiff’s witnesses on cross examination. So dramatic were his cross exams, that each day Earle was up, the courtroom was packed with local lawyers. They had no interest in the case itself, but Earle’s cross examinations were so dramatic that word had spread through the legal community that Cooley was the best show in town. They were there only to watch a master of their own trade at work. What we were blind to was the cumulative impression that so much manhandling conveyed.

We received a wake-up call of sorts in the middle of the plaintiff’s case, but collectively chose not to heed it. We had planned to enter the covert Armstrong-Griffith-Park surveillance tapes into evidence during the cross examination of Armstrong. Earle set up Armstrong masterfully, leading him to deny that he had ever talked to anyone about taking over the church, orchestrating federal raids, and least of all manufacturing and planting documents in church files. Then Earle started quoting Armstrong from transcripts of the surveillance tapes, clearly demonstrating he was lying from the witness stand. The warning we did not heed came in the form of Judge Londer’s reaction to the courtroom spectacle. In chambers he loudly chastised the church’s behavior in being involved in such cloak-and-dagger activity to begin with. Londer, who clearly did not think much of Chistofferson’s case based on comments he had made up to that point in the trial, was more disgusted with the secret video-taping than the lies they revealed. Had we not been so thoroughly in the throes of a thought-stopping, alternate-reality creation, we might have given thought to how the jury felt about the aggressive, “gotcha” manner we were using with all the plaintiffs witnesses.

Even though it backfired in the case at hand, getting the Armstrong surveillance videos on the public record would serve as a major step in dealing with the more serious government threats of criminal indictments then still extant. The stakes were far higher than merely the Chistofferson case, and there was a great deal of tension in getting the tapes put on the record. We did not want to submit the producer, private eye Gene Ingram, to cross-examination, for fear that he would be forced to disclose anything about the increasing number of operations he was privy to. In the course of coordinating the transportation of the tapes to Portland and into the hands of church coordination attorney John Peterson, Miscavige insisted upon bypassing me and speaking directly to Ingram — something he had not done up to that point in time. I advised him that was a bad idea, should Ingram or he ever be subject to deposition.

I picked up the phone to make the call to Ingram, and Miscavige came flying at me — tackling me into a sofa and attempting to wrestle the phone from my hand. I would not relinquish my grip even though he was strangling me. I threw my chest out to buck Miscavige from me. He violently stabbed his fist into my chest and said menacingly, “Don’t you ever cross me,
motherfucker! I’ll have you declared [excommunicated] in a heartbeat if you ever fuck with me again.” I looked Miscavige in the eye for a moment and considered the weight of that statement. For four years no one on planet earth could communicate to L. Ron Hubbard but through Miscavige — not even his wife. Miscavige was the recipient of personal communications on a weekly basis from Hubbard — but for the extended periods the latter went incommunicado entirely. He was right, he could have me declared in a heartbeat, and all I’d fought for to date would have been for naught. I handed him the phone. He had established himself — much as he had done with Mary Sue Hubbard — as boss buffalo.

So dramatic were Earle Cooley’s cross examinations that we were all swept into the sweet oblivion of the drama of it all. We heard from Judge Londer, through Harry, and we heard from dozens of lawyers who attended as spectators and students: Earle Cooley was magnificent. Earle huddled us up in the condo one evening over beers.

“Have you guys ever heard of Percy Foreman?” Earle asked us.

We all replied that we had not.

“Foreman was one of the premier trial lawyers in American history. He once defended a woman who was up for a murder rap in Miami. The government brought a bunch of scumbag convicts in to bolster their case against her. Foreman demonstrated on cross examination that the testimony was obviously paid for. When he saw the jury understood that, he surprised everyone. After the case in chief, he rested the defense without calling a single witness. He wanted those cross examinations fresh on their minds when they went to deliberate.”

“Brilliant!” exclaimed Miscavige. “We don’t want to serve up our people to McMurry anyway.”

“Exactly,” Earle replied, “sending in Runstein and his ‘real Scientologists’ would be like sending sheep to slaughter.”

“You’re fucking-A right, Earle!” Miscavige proclaimed, as final authorization of the strategy.

And so Earle Cooley shocked the judge, the plaintiff’s team, and all who were watching when he announced the next morning in open court that the defense would call no witnesses, and rested. Judge Londer thought it was a great idea. He didn’t want to sit for another several weeks on this case. And he agreed with Earle that the plaintiff had never made a case worth a hill of beans. It was judge Londer’s nonchalant manner of dealing with jury instructions that helped set us up for the shock of our lives. Londer told Earle and Harry to relax on their stressed arguments to attempt strict control of the jury before their deliberations began. He said, “Hey, what has she got, three grand in damages? The jury isn’t stupid.” And so, with the judge’s assessment of the merits, we were optimistic — albeit nervous — as we awaited the verdict.

Nobody was prepared for the result. On a Friday afternoon the jury awarded Christofferson $39 million. That not only buried any idea of an All Clear, it put the church’s very future at risk. Earle Cooley wasn’t sure why he did it, but he asked the judge to hold off on recording the verdict for a few days. The judge wasn’t sure why either, but he granted Earle’s request.

Miscavige had flown back to Los Angeles after closing arguments. Cooley left that night for Las Vegas to blow off steam and to try to deaden the devastating loss with a weekend of amnesiainducing recreation. In a way, I was left alone holding the bag at the scene of the crime. Early Saturday morning I met with two associates of our local counsel in their Portland office. We frantically traded ideas for challenging the verdict before the case went up to the court of appeals for the two-to-three-year appellate process. One of the associates was a cheery, bright British woman. She came up with a wild idea. Since the verdict had not yet been recorded, we could still make a motion concerning the case before the lower court. That court retained jurisdiction until such time as the verdict was recorded.

We reckoned that since there were motions brought by our side continuously, against prejudicial matter being entered into evidence throughout the trial, and since those motions had been consistently denied, there was no way to challenge rulings already made along the way. However, what if we brought a motion for mistrial based on what was put before the jury during closing arguments? That was the one small window of trial history we had not already brought legal challenges to. With Cooley incommunicado, we got busy dissecting the transcript of the closing arguments to find something, anything we could hang our mistrial motion on. We noted some particularly prejudicial statements that plaintiff’s counsel had made, and drafted a motion for mistrial on the basis that the statements were so outrageous and prejudicial as to have potentially caused the jury to act on passion and prejudice, rather than on the evidence presented over several weeks of trial.

When Cooley returned at the end of the weekend, he thought the motion was brilliant. We filed it early the following week. Harry Manion artfully used his weeks of informal credibility-and-sympathy- building with judge Londer to obtain his agreement to set a hearing for a few weeks down the road, to consider the motion. Londer would not and did not ever record the jury’s verdict.

Miscavige returned to Portland and we had a conference in Cooley’s condo with a couple of legal staff. Miscavige was distraught and desperate. He talked of moving L. Ron Hubbard and Scientology management to a South American country in order to assure the church’s future survival. We discussed how with a 39-million-dollar judgment being publicized internationally, the three dozen similar FAMCO suits heading toward trial, and the DOJ and IRS champing at the bit to clean up anything remaining after the damage was done, the United States was about the least safe territory in the world for Scientology.

Miscavige railed about the stupidity of Judge Londer, how he continued to allow the trial to go out of control while reassuring us that the worst-case scenario was a few thousand dollars in damages. He ruminated how a mighty institution like Scientology could be brought to its knees by a group of degraded “wogs” (non-Scientologists) from a cow town. His own characterization prompted a lightning bolt from the blue.

“I got it!” he exclaimed. “We’ll take over this shit-hole town. I’ll bring in one hundred thousand Scientologists from around the world and we’ll surround that courthouse and make this town comply. We’ll overwhelm them. We’ll overwhelm not only the judge but every other criminal judge he talks to in his town.”

The battle of Portland had only just begun. We called in every Public Relations officer assigned to every church of Scientology in the world (several dozen) and gave them orders to call every person who had ever taken a service at each local church and order them to get to Portland for the biggest, most important event and contribution they would ever make to Scientology. Ken Hoden was pulled out of mothballs and put in charge of the “religious freedom crusade.” Hoden had been the Guardian’s Office person in charge of external affairs in Portland during the original Christofferson case appeal. Miscavige and Starkey had busted him and relegated him to backlines PR work in Los Angeles back in 1981, when they decided he had screwed up the appeal of the original case (the result of which was ultimately the vacating of the original two million-dollar judgment, and Scientology’s strongest religious recognition to date). But now Hoden was integral — he was the only one who knew the ropes in Portland, as well as all allies of the church and public officials in the Portland area. Hoden was instructed to wear a religious “dog collar” shirt and coat at all times in public. He would be the spokesman and he would position all utterances along the line that the Christofferson judgment was the worst assault on religious freedom in the United States in modern times.

Within days, several hundred Scientologists had shown up in Portland. Hoden organized them up, made signs and began regular marches around the courthouse. The trademark chant of the crusade echoed down the streets of Portland:

Hoden: “What do we want?”
The crowd: “Religious freedom!”
Hoden: “When do we want it?”
The crowd: “Now!”

Initially, the protesters came across as angry, in compliance with Miscavige’s orders to intimidate the city into compliance. As Miscavige was back in LA, and there was no allowance
for discussion of mitigation of his ideas, instead Hoden discussed with me the need to tone it down and create a far less threatening and far more dignified presentation. I told Ken he was right, and told him follow his instincts, just learn to report to Starkey and Miscavige in the language they liked to hear. That was to emphasize, in briefing them, how loud you were, how numerous you were, and how shocked and awed the public watching was — while taking a slightly different approach in conducting affairs on the ground. It was an art I had come to learn out of necessity, to avert many church catastrophes over the years.

Ken got the knack of how to play shock absorber to the brass — and did a masterful job in controlling the masses in a fashion that had maximum impact. Over the next week, thousands of Scientologists showed up and the regular protest marches easily surrounded the entire block the courthouse occupied, with parishioners marching in ranks of several abreast. Hoden took care to brief each arriving Scientologist on the importance of being polite and friendly, cleaning up after themselves and generally creating a good impression of “regular Scientologists.”

We wound up having two hearings before judge Londer, separated by several weeks. As much as the crusaders were creating the impression we wished they would, Londer could not wrap his wits around the constitutional arguments we were making. In one chambers meeting with counsel, he uttered something which, despite the public relations gains we were making with the “religious freedom campaign,” flagged our hopes of success. Earle Cooley had made a lengthy presentation, backed by citations to court case precedents. Londer had seized on one particular case that Cooley cited, buoying our attorneys’ hopes that he might understand and adopt our position. After a back-and-forth conversation about its parallels to the case at hand, Londer shocked them all by saying, “Wait a second. That was a court of appeals decision; this isn’t a court of appeals.” Of course, all legal precedent is created by opinions rendered by courts of appeal, and these are binding law for the lower courts to apply and follow. Londer’s statement belied a challenged cognitive capacity. As Earle Cooley put it, “Oh my God, we’re in the hands of the Philistines!”

We kept orchestrating Harry’s having “chance” encounters with Judge Londer, hoping to divine where he stood and hoping that he might begin to understand this case was not only important to the church and Earle, but to Harry’s future. Try as he might, Harry would come back from his meetings befuddled. His refrain was that Londer was as dumb as a sack of rocks, and he couldn’t tell whether anything we were presenting was getting through.

On the afternoon prior to the final hearing and the announcement of decision on the mistrial motion, Earle, Harry and I sat in Earle’s hotel room in Portland preparing our arguments. We had a last-minute brief to file, and had purposely waited until mid afternoon, when we knew Londer took a break. That way, when Harry was bringing the brief into the clerk, Londer might see him and invite him into his chambers for a chat. That went like clockwork. Earle and I beseeched Harry to call in any chips he might have with Londer. Earle told Harry to tell him outright that Londer needed to do this for Harry. Harry reported back that he had schmoozed with Londer, but that it wasn’t appropriate under the circumstances — open chambers doors — to make his ultimate personal pitch. However, Londer had invited Harry to come to his home that evening to meet his wife, since it might be the last time they would see one another. Harry had not committed, out of concern for doing something that would smell of impropriety and could come back to haunt us.

Earle and I discussed the matter in some detail. He explained the downsides of a visit — if it were ever found out it could raise the ugly specter of the decades of GO improprieties we were attempting to live down. “On balance,” Earle said, “this is up to the client. You need to brief the boss [Miscavige] and I’ll trust his instincts.” I called Miscavige and briefed him on all that had transpired. He said, “What is your hesitance? It’s a no brainer. Of course he sees Londer, and he does whatever he has to do to get the product.” I told Earle the verdict. Earle told me, “Okay, now it’s between me and Harry. I’m going to protect you and Dave. Leave it to me.”

Earle did report that Harry had gone to Londer’s home. He did not give particulars beyond saying that Londer was thrilled with the visit. He gave no guarantee of any particular outcome, “But,” Earle added, “tell Dave to relax.” And then Earle told me an anecdotal aphorism he would repeat several times to Dave and me over the next couple of years. He said, “Here is my only test of friendship. I know you are going to testify tomorrow in front a grand jury investigating me.

Do I sleep tonight…or don’t I?”

Even though Earle said he would sleep well that night, I did not. Of secondary importance was my own life. I was so thoroughly invested in the crusade to protect LRH and Scientology that the possible impact on them loomed larger than my own spiritual death — which would be a virtual certainty if we did not win. As I had learned by then on Hubbard’s lines of operation, there had to be a head on a pike after a catastrophe of this magnitude. And I had been around Miscavige long enough to know that regardless of his having micro-managed every move in the trial, down to strangling me the first time I attempted to counter him, it would not be Miscavige’s head on this particular pike.

The next morning, the Multnomah County Courthouse was surrounded by Scientologists. The hallways and wide stairways inside were packed with Scientologists, from the front door,
through the lobby, up to the third-floor courtroom of Judge Londer. Londer gave a touching soliloquy about how well the “real Scientologists” who had descended upon Portland had
conducted themselves. He said he might not have been so gracious and polite had his own religion been compared to botulism soup, as plaintiff’s counsel had done to the jury. He found
such conduct to be extremely prejudicial, and in violation of his own orders — having already determined that Scientology was a religion. The judge granted the mistrial motion, wiping out in one breath the $39,000,000 judgment.

After having survived a nuclear explosion by, among other things, successfully defrauding the court as to L. Ron Hubbard’s inaccessibility (Ron had been a named defendant, but we managed to get through the entire trial without the issue of his personal liability ever being adjudicated), Ron had two handwritten messages relayed to Miscavige. The first was a short note to the “real Scientologists,” the crusaders, commending them for having pulled off a feat of historical proportions by influencing the winning of the mistrial motion. The second consisted of two words and a single letter, sprawled across a full page in Ron’s signature style. It read, “Earle, congratulations! — R” The “R” stood for Ron, a signatory he had used for years on internal church dispatches.

Two months later, at our annual Sea Org Day celebration, Miscavige and I would be awarded special medals of honor, of a type never before issued by Ron. We had slipped on a banana peel and somehow managed to fall on a fur rug.

Notes

GA letter to Mark Rathbun for help getting back stolen documents (July 7, 2009)

Dear Mark:

In my May 31 2009 letter to you, I brought up the incident of Scientology agents breaking into my car in 1984 and stealing a bunch of my things, and Miscavige’s having them after their theft. I asked for your help getting them back; in fact I wrote the whole letter essentially asking for your help in righting years of wrongs Sea Org personnel under Miscavige, including you, have committed, and continue to commit, against me – and yes, many, many others.

Oh, now that I’ve mentioned it in the above list of Fair Game attacks on me, I’ll also ask you about the theft of my original manuscript, artwork and other materials from my car. I know from both Vicki Aznaran and Jesse Prince that Miscavige actually claimed to them that he had these things in his possession after they were stolen my car, which was during the Armstrong videotape operation in the fall of 1984, so I trust you won’t pretend the theft didn’t happen. Just help me get my things back from Miscavige, okay? 1

After writing you, I remembered that Jesse Prince had told me that both Miscavige and you had told him about having my things after their theft. I also found this from a 1999 letter to Miscavige that I posted to a.r.s.:

You will recall that a cult operative broke into the trunk of my car in 1984 and stole my briefcase which contained about 300 original pages of my art, almost all handwritten or drawn. You will recall that my attorney Julia Dragojevic wrote to the org demanding return, and that your org attorney John Peterson answered, denying the theft and possession of my things.

Recently I had the happy opportunity to talk with Jesse Prince about all this. Jesse stated that while inside he too was told by both you and Mark Rathbun about your agent’s theft of my things from the trunk of my car and your having possession of them. Jesse recalled you describing my work as weird writing. You stole them, you know where they are and you can put your hands on them. Now get them back to me, and be known thereuntil as a thief.

I’m aware that you could be another Loyalist op, Mark, but I’m taking you for now at face value. So far, on its face, what you’ve said, and to me not said, indicates that in the Scientology v. Gerry Armstrong war, you are on the cult’s side.

Accepting what you’ve said about yourself, it isn’t easy for you to do what’s necessary to change that indication. I think, however, that if you start by debriefing about the 1984 theft of my things and what happened with them, and doing what is within your power to help me get them back from Miscavige, you’ll get the necessary courage.

It’s almost 25 years since my things were stolen. Following Vicki’s and Jesse’s debriefs to me about Miscavige possessing my things, I’ve written him and other Scientologists many times, requesting my things’ return. Doubtlessly you saw some of those requests in your years inside.

You knew John Peterson lied in his denial of Scientology’s knowledge of the theft. He was, of course, your organization’s front attorney just because he would willfully lie and would help Fair Game his clients’ victims.

I’d bet you knew about someone in the LAPD altering/losing my police report. These documents on the incident could refresh your memory: http://www.gerryarmstrong.org/50grand/cult/scientology-theft-manuscript.html

My manuscript and original artwork, and every other piece of paper, are very valuable to me, and Miscavige, you, and many other Scientologists have known of their great value to me. Consider the nature of a group that would willfully inflict that pain on an individual all these years. It’s cruelty, Mark. And it’s an ongoing crime that should be confronted, stopped and expiated.

Yours steadfastly,

Gerry Armstrong

Notes

Second in command of Scientology tells all, Part 1 (October 2, 1998)

Second in command of Scientology tells all, Part 11

Introduction by FACTNet

This is one part of a series of articles being released by Jesse Prince . Jesse Prince was second in command of all of Scientology. He has shown great courage and has put himself at considerable personal risk to tell the world about the real everyday criminal and immoral activities of Scientology.

FACTNet has helped Jessie through our Victim Assistance Fund because we knew how much publicizing this information would help others who were and are being victimized by Scientology’s criminal activities.

FACTNet now needs your immediate help to get Jesse’s articles distributed as widely as possible. FACTNet believes — and we think you will also believe, especially after reviewing Jesse’s series of articles — that there is a real growing danger to individuals involved with Scientology, particularly to staff members.

FACTNet believes that Scientology is at a dangerous pressure point as more information comes out revealing its actual activities. The world has learned horrible lessons when cults are trapped at pressure points from tragedies such as Jonestown, Heaven’s Gate, Waco, the Swiss Solar Temple, and Aum Shin Rikyo.

Because of Scientology’s current crisis state and the new revelations about its criminal activities, FACTNet is issuing a worldwide alert to all individuals who have friends of family in Scientology, particularly if they are on staff. Do everything you can to legally get them away from this group as fast as possible.

FACTNet recommends among other things getting Jesse Prince ‘s series of articles to everyone currently in Scientology. Once they have read them, even the most hardened Scientologists will have powerful doubts about how they have been deceived.

In addition to distributing these articles to Scientology’s current members, we also ask that you distribute them to media all over the world and to your local and national governments.

Only information can solve the problem dangerous criminal cults like Scientology present. If the Jesse Prince articles are widely circulated, we will help avert another horrific cult tragedy.

End of Introduction

 

Part I

October 2, 1998
By Jesse Prince

During September 1982, through spring of 1987, I attended biweekly meetings at Author Services, Inc. (ASI), which at the time was located in the 6700 block of Sunset Blvd. in Los Angeles, CA.

From late 1982 until the spring of 1983 I held an executive position in the Religious Technology Center (RTC) titled Inspector General Cramming Officer. During the spring of 1983 I was promoted to Inspector General External and Treasurer on the board of directors of the Religious Technology Center. There were two other board members; Vicki Aznaran, Inspector General and President, and Warren Mc Shane, executive over legal matters concerning RTC, was a member. David Micavage, Norman Starkey and Lyman Spurlock were the trustees of RTC. It was during this time that I learned the true nature of Scientology management and how it ran its affairs.

The meetings I attended at ASI were always called and run by David Miscavige. It was here that I learned that David Miscavige was a managing agent of the various Scientology corporations, including but not limited to ASI, RTC and Church of Scientology International (CSI). Each senior executive of RTC, CSI and ASI met once or twice a week to give a report concerning each of the above corporations. This in fact was the inner circle of Scientology’s elite and as a result of my position I was involved in and received communications concerning Scientology’s most secret operations.

During my time as an executive and senior executive in RTC, David Miscavige was the decision maker concerning all legal suits filed by any of Scientology’s corporations. Miscavige had complete authority concerning all litigation within Scientology, and he made the final decisions as to how each case would be litigated as well as which lawyers would be used in each and every case. Miscavige had two Scientology staff, Marty Rathbun and Lyman Spurlock, who assisted in Scientology litigation matters, but Miscavige always made the final decisions. CSI majorly operated on orders from LRH, which were called advices to avoid legal problems for himself and Scientology, since he supposedly had not managed any of the corporations of Scientology since 1966, when he had officially resigned as Executive Director.

ASI served as LRH’s literary agency, but it was really a clearing house for his orders into the various Scientology corporations and organizations, which included but was not limited to RTC, CSI, CSC, Flag Land Base, CST and the Office of Special Affairs (formerly the Guardian’s Office). Miscavige was the person responsible for ensuring the execution of LRH orders in these various corporations, until LRH’s death in 1986. ASI and some of its staff members exercised complete financial authority over other church entities. Fran Harris, a staff member of ASI, was responsible for the gross income of the organization.

ASI received its operating expenses from commissions it received for collection of royalties owed to LRH based on moneys collected from LRH book outlets. Some time ago, LRH wrote a policy letter entitled “Minimum Book Stocks” which in effect placed a minimum on the amount of books each Scientology org had to have. Bridge Publications is the organization responsible for enforcing the minimum book stocks policy.

More often than not, on orders from Miscavige to get the stats up, Fran Harris would bypass Bridge Publications and go direct to org finance personnel and demand that the orgs buy books from BPI so that ASI would get its weekly commissions. Fran enforced her demands by using lower conditions, ethics hearings, comm evs and just plain intimidation to make the nonprofit scientology orgs pay money to BPI, often before the org had even had a chance to feed and clothe its staff. BPI never saw much of this money itself, as it was considered that BPI owed a debt to ASI going back to before ASI was ever incorporated. This action, which went on every week, was a known criminal act by all concerned, as not only did it violate Scientology’s own policy of corporate integrity, it also violated the laws of the land.

ASI is a for-profit corporation and paid its staff minimum wage plus a bonus based on royalties collected. Every week ASI had to get more and more money in order to keep its stats up to receive bonuses. ASI staff were in fact Sea Org members that were paid very well when you consider the average Sea Org member was paid $24.00 per week. It was considered a privilege to be on staff at ASI and the staff were encouraged not to discuss with other Sea Org members what they were paid weekly in order not to create a rift among Sea Org members.

In 1984 David Miscavige received word there was an IRS criminal investigation pending with the threat of a raid in Los Angeles. Fran Harris was flown out of the country and sent to Copenhagen, Denmark, to avoid possible interrogation by IRS officials. This was just the beginning of the “clean up” most senior executives executed within various Scientology corporations. One morning I awoke to find my senior, Vicki Aznaran, her husband Rick Aznaran, who was head of all security for Scientology, and Foster Tompkins, executive over INCOMM, removing evidence from hard disk drives that proved LRH was in fact the managing agent of Scientology as well as other sensitive information. Vicki and the others had been up most of the night purging computer files and creating back-up disks to be stored at confidential storage sights.

At this time I was ordered to verify that other corporations had purged their files of LRH “advices.” The corporations concerned were RTC, CSI and CSC. I did in fact verify that no evidence of LRH advices existed. This was accomplished by gathering up all hard copy advices and getting them mulched at a paper treatment plant located near Riverside, CA. Back-up copies of these advices were placed in secret unknown storage facilities by head of security, Rick Aznaran. The only people who knew these locations were Rick, the security chief, whose name was Jackson, DM and Norman Starkey.

From 1982 through 1986, LRH would use a dictaphone to dictate his orders to the various Scientology corporations. The tapes from the dictation would be delivered by LRH’s top aides Pat or Annie Broeker to the Scientology location at Gilman Hot Springs. At this location a special unit, headed by a staff member named Susie Bennick, would transcribe the tapes and issue hard copy dispatches to various executives and staff of ASI, RTC, CSI, CST and CSC. Often, these dispatches had certain time deadlines for compliance as mandated by LRH. I’ve seen as many as 150 orders dictated by LRH in one run. Often the staff who had orders issued to them were not allowed to sleep until they complied to the LRH order issued to them. David Miscavige oversaw the transcribing operation and enforced compliance to LRH orders by staff in all Scientology corporations.

Scientology Legal Procedures

During my tenure as an executive and senior executive in RTC, I was taught how to aggressively go about destroying an enemy or critic of Scientology. Enemies and critics of Scientology are considered to be suppressive persons or groups. In Scientology the suppressive element is basically dealt with in the same way: investigation, black operations, black propaganda and frivolous litigation. Scientology believes anyone labeled a suppressive is “fair game” and can be cheated, tricked, lied to and even physically harmed in order to “save” Scientology as mandated in policy by L Ron Hubbard. The following are specific instances I have either been a party to or observed being done to persons labeled “suppressive.”

David Mayo

David Mayo was once one of the top senior executives in Scientology. He worked directly with LRH on technical policies, he was LRH’s auditor, and even authored the “Ned for OTs” series when it was first issued. By the time I arrived in September 1982 at the secret management base located in Hemet, CA, David Mayo had fallen from grace. Upon my promotion to this secret location, the first duty I had was to security check (interrogate) Mayo endlessly. LRH had the idea that Mayo had been bought off by Scientology mission holders and was either a dupe or a plant. At this time Scientology was once again getting rid of its criminals. The executives of all management organizations had been removed and brought to Hemet to receive severe Scientology justice and ethics. Mayo was part of a group of 11 management executives being given a comm eve that went on for 3 months. Nearly all 11were eventually labeled suppressive persons and left Scientology.

Once David Mayo was off staff he decided to start his own church, the Advanced Ability Center (AAC), that was an alternative to Scientology and used many of the same techniques used by LRH. At this point David became the target for “fair game.” DM became infuriated and ordered Mayo’s new group to be destroyed using all means possible. Bob Mithoff, brother of Senior C/S Int Ray Mithoff, was placed by RTC in David Mayo’s new church as a plant to obtain financial and critical legal information to forward a planned attack on his group. Week after week Bob Mithoff provided financial information to RTC concerning Mayo’s new group. The fact of the matter is Mayo had drawn a good amount of people who were ex-Scientologists to his new church and was making $20,000 to $30,000 gross income every week. This was better than most Scientology Class 4 organizations. Mithoff stole a copy of the AAC’s mailing list and provided it to RTC. Within four months of its inception, AAC had a standard newsletter it mailed to its adherents.

With the stolen mailing list RTC operative Gary Klinger designed a similar newsletter that contained disparaging information concerning AAC to the same mailing list. This list was used by RTC to contact members of the AAC for the purpose of harassment and intimidation.

Mithoff also stole a copy of the NOTs materials that David Mayo had rewritten, and he provided it to RTC. At one point before her “suicide” Flo Barnett, David Miscavige’s mother-in-law, became a member of the AAC. More black operatives were sent into the AAC by RTC. Black operations included renting the office above Mayo’s AAC to electronically bug him. At one point private investigator Gene Ingram was hired to pose as an investigative reporter and Mayo was duped into believing he was participating in a TV program to promote his new group. Through Mithoff, it was learned that David Mayo planned to travel abroad to Europe. Through investigator Gene Igram, it was arranged to have Mayo stopped at customs as a suspected drug dealer, which did happen, and he was detained for hours based on false information by European customs officials. Gene Ingram received his instructions on these matters from Gary Klinger, an executive in RTC.

Ingram’s fee was paid by CSI through the office of John Peterson, who was retained as in-house counsel by CSC. As a note, John Peterson was not fully aware of why his office paid private investigator expenses to Bob Mithoff.

Prior to Mayo writing his own version of the NOTs materials it was learned through Mithoff that several other ex-Scientologists had copied and were planning to use Scientology HCO P/Ls and HCOBs. A former mission holder, Sarge Gerbode, had an ongoing project to copy via computer all HCOPLs and HCOBs and sell them to Mayo or trade them for Scientology OT materials. Through Mithoff we learned that Mayo and Gerbode had come to an agreement and Mayo’s new group was in fact more computerized than most Scientology facilities.

As part of the weekly ASI meetings, Vicki and I were confronted by David Miscavige concerning what we planned to do to put an end to Mayo and the AAC. The first option we suggested was to bring a copyright suit against the AAC. David Miscavige called in LRH Personal Secretary Pat Brice to get a briefing on the status of current church copyright filings. He was sorely disappointed when he found out that no one in the entirety of Scientology was responsible for copyright filings since the Guardian’s Office had been reorganized by him. He decided at that time to give Pat a project to file for copyright protection ofall Scientology bulletins and policies. This is the reason most Scientology copyright filings have a date starting in 1983 forward. The best option for the church to sue Mayo was through trade secrets and trademarks. Then-RTC lawyer Joe Yanny recommended a RICO complaint be drawn up, as evidence existed that David Mayo had formed agreements with other Scientology dissidents to exchange Scientology materials to strengthen the alternative movement which David Mayo was the leader of.

While all of this was going on Mayo and the AAC were successful in getting a Temporary Restraining Order against RTC and CSI because of the constant harassment and plants sent in. The specific incident which resulted in the TRO was in fact when Gary Klinger posed as a Jewish rabbi and went to a barbecue the AAC had one weekend and created havoc at the party. There is no difference between the black operations executed by the “Old GO” and the then new RTC. Because of the very nature of Scientology it will never change. L Ron Hubbard himself issued the marching orders for Scientology to become a criminal organization and people are trained to lie from the moment they walk in the door and take a Scientology course.

Almost immediately a person is taught how to use “ethics” to control another. Example: Hubbard Policy Letter 29 April, 1965 titled “Ethics Review” instructs a person how to effectively harass and attack another, a few quotes from the above mentioned P/L:

“Levels of Ethics Actions”

“Ethics actions in degree of severity are as follows:

  1. “Noticing something non-optimum without mentioning it but only inspecting it silently.”
  2. “Noticing something non-optimum and commenting on it to the person.”
  3. “Requesting information by ethics personnel.”
  4. “Requesting information and inferring there is a disciplinary potential in the situation.”
  5. “Talking to somebody about another derogatorily.”
  6. “Talking to the person derogatorily.”

The list get worse and worse. L Ron Hubbard was mentally ill for at least 4 years before he died that I know of through direct experience and association. When Gerry Armstrong , Omar Garrison, Vaughn Young and Stacy Young all at one time or another tried to write a biography of L Ron Hubbard based on his own records the records clearly showed he was mentally disturbed much earlier as well. As can be seen from the above-quoted HCOPL, a NAZI like dedication to the “group” is required which in fact turn people against one another in a spy-like fashion. In Scientology, people are dehumanized and in fact become members of a human ant family – you are only as good as you produce for the group. The concept of self is surrendered to the false idea that “Scientology” is much more important than individual life.

In the case of the RICO suit filed by RTC and CSI against the AAC, another type of Scientology “ethics” was applied. L Ron Hubbard believed certain words and catch phrases used together in a writing could have a psychological effect on the reader. The words and phrases are part of a confidential course called “R6 End Words” or “R6EW.” Hubbard ordered his “magic words” to be sewn into each and every legal motion and complaint submitted to any court. Hubbard said by doing this a judge would subconsciously become antagonistic to anyone trying to fight Scientology with the current justice system.

It is not necessary to be a brain surgeon to see this as pretty crazy, but because its so stupid the point can be lost. Hubbard thought he was superior to his culture and sought to make a mockery of the way everyday people live. In late 1952 Hubbard thought he had discovered something so powerful with Dianetics that he had to protect us all from his own invention. He wrote a journal called “Black Dianetics.” Here is how it starts: “Death, insanity, aberration, or merely a slavish obedience can be efficiently effected by the use of Black Dianetics. Further, adequate laws do not exist at this time to bar the use of these techniques. The law provides that only the individual so wronged can make complaint or swear out a warrant for offenders using these techniques.”

Well, now you know why there is an organization of people that have ruined lives and are a slave to the idea they are “saving the world.” Of course, the organization I am talking about is Scientology’s “Sea Org.” Sorry for digressing so about this — back to Mayo.

The RICO suit was filed against the AAC and black operations against it by RTC were at an all time high. There was a preliminary injunction hearing in the RICO case. The day before the hearing I was drilled by Earle Cooley and other church lawyers as to what I would say because I was an expert witness in this case. The fact of the matter is that I was drilled all day, all that night and up until the time I arrived in the courtroom as to what I would say as a witness. It’s funny how Sandy Rosen, Scientology’s replacement for Earle Cooley, asked me in my deposition in the FACTNet case in Denver several weeks ago if I had been coached at all by my lawyer before the deposition. He knows he works for criminals and that they are the ones who commit the crimes of which they accuse others.

RTC won its injunction against AAC, and Mayo was effectively shut down at that point.

It is shameful to have been a part of Scientology. I am grateful to be free of it physically and mentally. I promise to work just as hard exposing Scientology for what it is.

Respectfully Submitted,
Jesse Prince

Notes

Jesse Prince: No conscience, no church (September 29, 1998)

Title: No conscience, no church1
Author: jesse77@gte.net (Jesse Prince)
Date: Tue, 29 Sep 1998 19:15:12 GMT

During September, 1982, through the Spring of 1987, I attended  biweekly
meetings at Author Services, Inc. (ASI), which at the time was located in
the 6700 block of Sunset Blvd. in Los Angeles, CA.

From late 1982 until the spring of 1983 I held an executive position in the
Religious Technology Center (RTC) titled Inspector General Cramming
Officer.  During the spring of 1983 I was promoted to Inspector General
External and Treasurer on the board of directors of  the Religious
Technology Center.  There were two other board members; Vicki Aznaran,
Inspector General and President, and Warren Mc Shane, executive over legal
matters concerning RTC, was a member.  David Micavage, Norman Starkey and
Lyman Spurlock were the trustees of RTC.  It was during this time that I
learned the true nature of Scientology management and how it ran its
affairs.

The meetings I attended at ASI were always called and run by David
Miscavige. It was here  that I learned that David Miscavige was a managing
agent of the various Scientology corporations, including but not limited to
ASI, RTC and Church of Scientology International (CSI).  Each senior
executive of RTC, CSI and ASI met once or twice a week to give a report
concerning each of the above corporations.  This in fact was the inner
circle of Scientology’s elite and as a result of my position I was involved
in and received communications concerning Scientology’s most secret
operations.

During my time as an executive and senior executive in RTC, David Miscavige
was the decision maker concerning all legal suits filed by any of
Scientology’s corporations. Miscavige had complete authority concerning all
litigation within Scientology, and he made the final decisions as to how
each case would be litigated as well as which lawyers would be used in each
and every case. Miscavige had two Scientology staff, Marty Rathbun and
Lyman Spurlock, who assisted in Scientology litigation matters, but
Miscavige always made the final decisions. CSI majorly operated on orders
from LRH, which were called advices to avoid legal problems for himself and
Scientology, since he supposedly had not managed any of the corporations of
Scientology since 1966, when he had officially resigned as Executive
Director.

ASI served as LRH’s literary agency, but it was really a clearing house for
his orders into the various Scientology corporations and organizations,
which included but was not limited to RTC, CSI, CSC, Flag Land Base, CST
and the Office of Special Affairs (formerly the Guardian’s Office).
Miscavige was the person responsible for ensuring the execution of LRH
orders in these various corporations, until LRH’s death in 1986. ASI and
some of its staff  members exercised complete financial authority over
other church entities. Fran Harris, a staff member of ASI, was responsible
for the gross income of the organization.

ASI received its operating expenses from commissions it received for
collection of royalties owed to LRH based on moneys collected from LRH book
outlets. Some time ago, LRH wrote a policy letter entitled “Minimum Book
Stocks” which in effect placed a minimum on the amount of books each
Scientology org had to have. Bridge Publications is the organization
responsible for enforcing the minimum book stocks policy.

More often than not, on orders from Miscavige to get the stats up, Fran
Harris would bypass Bridge Publications and go direct to org finance
personnel and demand that the orgs buy books from BPI so that ASI would get
its weekly commissions.  Fran enforced her demands by using lower
conditions, ethics hearings, comm evs and just plain intimidation to make
the nonprofit scientology orgs pay money to BPI, often before the org had
even had a chance to feed and clothe its staff. BPI never saw much of this
money itself, as it was considered that BPI owed a debt to ASI going back
to before ASI was ever incorporated.  This action, which went on every
week, was a known criminal act by all concerned, as not only did it violate
Scientology’s own policy of corporate integrity, it also violated the laws
of the land.

ASI is a for-profit corporation and paid its staff minimum wage plus a
bonus based on royalties collected. Every week ASI had to get more and more
money in order to keep its stats up to receive bonuses. ASI staff were in
fact Sea Org members that were paid very well when you consider the average
Sea Org member was paid $24.00 per week. It was considered a privilege to
be on staff at ASI and the staff were encouraged  not to diskuss with other
Sea Org members what they were paid weekly in order not to create a rift
among Sea Org members.

In 1984 David Miscavige received word there was an IRS criminal
investigation pending with the threat of a raid in Los Angeles. Fran Harris
was flown out of the country and sent to Copenhagen, Denmark, to avoid
possible interrogation by IRS officials. This was just the beginning of the
“clean up” most senior executives executed within various Scientology
corporations. One morning I awoke to find my senior, Vicki Aznaran, her
husband Rick Aznaran, who was head of all security for Scientology, and
Foster Tompkins, executive over INCOMM, removing evidence from hard disk
drives that proved LRH was in fact the managing agent of Scientology as
well as other sensitive information. Vicki and the others had been up most
of the night purging computer files and creating back-up disks to be stored
at confidential storage sights.

At this time I was ordered to verify that other corporations had purged
their files of LRH “advices.” The corporations concerned were RTC, CSI and
CSC. I did in fact verify that no evidence of LRH advices existed. This was
accomplished by gathering up all hard copy advices and getting them mulched
at a paper treatment plant located near Riverside, CA. Back-up copies of
these advices were placed in secret unknown storage facilities by head of
security, Rick Aznaran. The only people who knew these locations were Rick,
the security chief, whose name was Jackson, DM and Norman Starkey.

From 1982 through 1986, LRH would use a dictaphone to dictate his orders to
the various Scientology corporations. The tapes from the dictation would be
delivered by LRH’s top aides Pat or Annie Broeker to the Scientology
location at Gilman Hot Springs. At this location a special unit, headed by
a staff member named Susie Bennick, would transcribe the tapes and issue
hard copy dispatches to various executives and staff of ASI, RTC, CSI, CST
and CSC.  Often, these dispatches had certain time deadlines for compliance
as mandated by LRH. I’ve seen as many as 150 orders dictated by LRH in one
run. Often the staff who had orders issued to them were not allowed to
sleep until they complied to the LRH order issued to them. David Miscavige
oversaw the transcribing operation and enforced compliance to LRH orders by
staff in all Scientology corporations.

Scientology Legal Procedures

During my tenure as an executive and senior executive in RTC, I was taught
how to aggressively  go about destroying an enemy or critic of Scientology.
Enemies and critics of Scientology are considered to be suppressive persons
or groups. In Scientology the suppressive element is basically dealt with
in the same way: investigation, black operations, black propaganda and
frivolous litigation. Scientology believes anyone labeled a suppressive is
“fair game” and  can be cheated, tricked, lied to and even physically
harmed in order to “save” Scientology as mandated in policy by L Ron
Hubbard. The following are specific instances I have either been a party to
or observed being done to persons labeled “suppressive.”

David Mayo

David Mayo was once one of the top senior executives in Scientology. He
worked directly with LRH on technical policies, he was LRH’s auditor, and
even authored the “Ned for OTs” series when it was first issued. By the
time I arrived in September 1982 at the secret management base located in
Hemet, CA, David Mayo had fallen from grace. Upon my promotion to this
secret location, the first duty I had was to security check (interrogate)
Mayo endlessly.  LRH had the idea that Mayo had been bought off  by
Scientology mission holders and was either a dupe or a plant. At this time
Scientology was once again getting rid of its criminals. The executives of
all management organizations had been removed and brought to Hemet to
receive severe Scientology justice and ethics. Mayo was part of a group of
11 management executives being given a comm eve that went on for 3 months.
Nearly all 11were eventually labeled suppressive persons and left
Scientology.

Once David Mayo was off staff he decided to start his own church, the
Advanced Ability Center (AAC), that was an alternative to Scientology and
used many of the same techniques used by LRH. At this point David became
the target for “fair game.” DM became infuriated and ordered  Mayo’s new
group to be destroyed using all means possible. Bob Mithoff, brother of
Senior C/S Int Ray Mithoff, was placed by RTC in David Mayo’s new church as
a plant to obtain financial and critical legal information to forward a
planned attack on his group. Week after week Bob Mithoff provided financial
information to RTC concerning Mayo’s new group. The fact of the matter is
Mayo had drawn a good amount of people who were ex-Scientologists to his
new church and was making $20,000 to $30,000 gross income every week. This
was better than most Scientology Class 4 organizations. Mithoff stole a
copy of the AAC’s mailing list and provided it to RTC. Within four months
of its inception, AAC had a standard newsletter it mailed to its adherents.
With the stolen mailing list RTC operative Gary Klinger designed a similar
newsletter that contained disparaging information concerning AAC to the
same mailing list. This list was used by RTC to contact members of the AAC
for the purpose of harassment and intimidation.

Mithoff also stole a copy of the NOTs materials that David Mayo had
rewritten, and he provided it to RTC. At one point before her “suicide” Flo
Barnett,  David Miscavige’s mother-in-law, became a member of the AAC. More
black operatives were sent into the AAC by RTC. Black operations included
renting the office above Mayo’s AAC to electronically bug him. At one point
private investigator Gene Ingram was hired to pose as an investigative
reporter and Mayo was duped into believing he was participating in a TV
program to promote his new group. Through Mithoff, it was learned that
David Mayo planned to travel abroad to Europe. Through investigator Gene
Igram, it was arranged to have Mayo stopped at customs as a suspected drug
dealer, which did happen, and he was detained for hours based on false
information by European customs officials. Gene Ingram received his
instructions on these matters from Gary Klinger, an executive in RTC.
Ingram’s fee was paid by CSI through the office of John Peterson, who was
retained as in-house counsel by CSC. As a note, John Peterson was not fully
aware of why his office paid private investigator expenses to Bob Mithoff.

Prior to Mayo writing his own version of the NOTs materials it was learned
through Mithoff that several other ex-Scientologists had copied and were
planning to use Scientology HCO P/Ls and HCOBs. A former mission holder,
Sarge Gerbode, had an ongoing project  to copy via computer all HCOPLs and
HCOBs and sell  them to Mayo or trade them for  Scientology OT materials.
Through Mithoff we learned that Mayo and Gerbode had come to an agreement
and Mayo’s new group was in fact more computerized than most Scientology
facilities.

As part of the weekly ASI meetings, Vicki and I were confronted by David
Miscavige concerning what we planned to do to put an end to Mayo and the
AAC. The first option we suggested was to bring a copyright suit against
the AAC. David Miscavige called in LRH Personal Secretary Pat Brice to get
a briefing on the status of current church copyright filings. He was sorely
disappointed when he found out that no one in the entirety of Scientology
was responsible for copyright filings since the Guardian’s Office had been
reorganized by him. He decided at that time to give Pat a project to file
for copyright protection ofall Scientology bulletins and policies. This is
the reason most Scientology copyright filings have a date starting in 1983
forward. The best option for the church to sue Mayo was through trade
secrets and trademarks. Then-RTC lawyer Joe Yanny recommended a RICO
complaint be drawn up, as evidence existed that David Mayo had formed
agreements with other  Scientology dissidents to exchange Scientology
materials to strengthen the alternative movement which David Mayo was the
leader of.

While all of this was going on Mayo and the AAC were successful in getting
a Temporary Restraining Order against RTC and CSI because of the constant
harassment and plants sent in. The specific incident which resulted in the
TRO was in fact when Gary Klinger posed as a Jewish rabbi and went to a
barbecue the AAC had one weekend and created havoc at the party. There is
no difference between the black operations executed by the “Old GO” and the
then new RTC.  Because of  the very nature of Scientology it will never
change.  L Ron Hubbard himself issued the marching orders for Scientology
to become a criminal organization and people are trained to lie from the
moment they walk in the door and take a Scientology course.

Almost immediately a person is taught how to use “ethics” to control
another. Example: Hubbard Policy Letter  29 April, 1965 titled  “Ethics
Review” instructs a person how to effectively harass and attack another, a
few quotes from the above mentioned P/L:

“Levels of Ethics Actions”

“Ethics actions in degree of severity are as follows:

“1. Noticing something non-optimum without mentioning it but only
inspecting it silently.

“2. Noticing something non-optimum and commenting on it to the person.

“3. Requesting information by ethics personnel.

“4. Requesting information and inferring there is a diskiplinary potential
in the situation.

“5. Talking to somebody about another derogatorily.

“6. Talking to the person derogatorily.”

The list get worse and worse. L Ron Hubbard was mentally ill for at least 4
years before he died that I know of through direct experience and
association. When Gerry Armstrong, Omar Garrison, Vaughn Young and Stacy
Young  all at one time or another tried to write a  biography of  L Ron
Hubbard based on his own records the records clearly showed he was mentally
disturbed much earlier as well.  As can be seen from the above-quoted
HCOPL, a NAZI like dedication to the “group” is required which in fact turn
people against one another in a spy-like fashion.  In Scientology, people
are dehumanized and in fact become members of a human ant family — you are
only as good as you produce for the group. The concept of self is
surrendered to the false idea  that “Scientology” is much more important
than individual life.

In the case of the RICO suit filed by RTC and CSI against the AAC, another
type of Scientology “ethics” was applied. L Ron Hubbard believed certain
words and catch phrases used together in a writing could have a
psychological  effect on the reader. The words and phrases are part of  a
confidential course called “R6 End Words” or “R6EW.” Hubbard ordered  his
“magic words” to be sewn into each and every legal motion and complaint
submitted to any court. Hubbard said by doing this a judge would
subconsciously become antagonistic to anyone trying to fight Scientology
with the current justice system.

It is not necessary to be a brain surgeon to see this as pretty crazy, but
because its so stupid the point can be lost. Hubbard thought he was
superior to his culture and sought to make a mockery of the way everyday
people live. In late 1952 Hubbard thought he had discovered something so
powerful with Dianetics that he had to protect us all from his own
invention. He wrote a journal called “Black Dianetics.” Here is how it
starts: “Death,  insanity, aberration, or merely a slavish obedience can be
efficiently effected by the use of Black Dianetics. Further, adequate laws
do not exist at this time to bar the use of these techniques. The law
provides that only the individual so wronged can make complaint or swear
out a warrant for offenders using these techniques.”

Well,  now you know why there is an organization of people that have ruined
lives and are a slave to the idea they are “saving the world.” Of course,
the organization I am talking about is Scientology’s  “Sea Org.” Sorry for
digressing so about this — back to Mayo.

The RICO suit was filed against the AAC and black operations against it by
RTC were at an all time high. There was a preliminary  injunction hearing
in the RICO case. The day before the hearing I was drilled by Earle Cooley
and other church lawyers as to what I would say because I was an expert
witness in this case. The fact of the matter is that I was drilled all day,
all that night and up until the time I arrived in the court room as to what
I would say as a witness. It’s funny  how Sandy Rosen, Scientology’s
replacement for Earle Cooley, asked me in my deposition in the FACTNet case
in Denver several weeks ago if I had been coached at all by my lawyer
before the deposition. He knows he works for criminals and that they are
the ones who commit the
crimes of which they accuse others.

RTC won its injunction against AAC, and Mayo was effectively shut down at
that point.

It is shameful to have been a part of  Scientology. I am grateful to be
free of it physically and mentally. I promise to work just as hard exposing
Scientology for what it is.

Respectfully Submitted,

Jesse Prince

Notes

Letter from Heber Jentzsch to James McGovern, Assistant IRS Commissioner (February 24, 1994)

Church of Scientology International

Office of the President1

February 24, 1994

James McGovern
Assistant Commissioner (EP/EO)
[Employee Plans/Exempt Organization]
Internal Revenue Service
1111 Constitution Ave., N.W.
Washington D.C. 20224

Re: F.A.C.T.Net, Inc.

Dear Jim,

Information has come to my attention concerning an organization which is either in the process of seeking tax exemption under section 501(c) (3) of the Internal Revenue Code, or shortly will be seeking such exemption. As the organization is located in Golden, Colorado, its application should have been, or shortly will be, filed with the Dallas IRS District.

This organization, “Fight Against Coercive Tactics Network” or “F.A.C.T.Net, Inc.” (“FACTNET”), puts up a thin veneer of charitable and educational purposes to disguise its true purpose: to serve as a vehicle for certain individuals with a fanatical hatred of the Scientology religion to carry out a malicious smear campaign against members of the Scientology religion. This organization i5 closely affiliated with the Cult Awareness Network (“CAN”) which I have written to you about previously.
The purpose of this letter is to provide you with information which must be taken into consideration when reviewing any application by FACTNET for tax exemption.

FACTNET was originally incorporated an .July 7, 1993 as “FACT,” and changed its name to “FACTNET” on December 14, 1993. Its articles of incorporation state that the corporation “is organized exclusively for charitable, educational and scientific purposes ….” (Exhibit A) The articles also state that “the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c) (3) of the Internal Revenue Code …. ” However, FACTNET’s true activities bear no relationship to any of

James McGovern
February 24, 1994
Page 2

the purposes permitted under section 501(c) (3). FACTNET was founded by two former Scientologists, Gerry Armstrong and Larry Wollersheim, who have been zealots against the Scientology religion for many years. Their actions were described in the Church’s November 1992 submission to former Assistant Commissioner EP/EO, John Burke. (See pages 10-36 through 10-47 on Armstrong; pages 10-49 through 10-51 on Wollersheim.) Armstrong was earlier involved in a scheme to forge documents and get them planted on Church premises as part of a plot to overthrow Church management. More recently, he has been quoted in the press expressing his opposition to the use of currency as the basis for the economy, as the self-proclaimed founder of the “Organization of United Renunciants.” (Exhibit B) Wollersheim is similarly delusional. He once accused the IRS of being in league with other federal agencies which are running Scientology as an intelligence experiment, and which would temporarily “rough up” the Church to help maintain its “cover.” (Exhibit C)

Armstrong’s and Wollersheim’s conspiracy to attack the Scientology religion through FACTNET is a direct violation of a preliminary injunction entered on May 28, 1992 which enjoins “Gerald Armstrong, his agents, and persons acting in concert or conspiracy with him” from, among other things:

“Voluntarily assisting any person (not a governmental organ or entity) intending to make, intending to press, intending to arbitrate, or intending to litigate  a claim against [various organizations and individuals affiliated with the Scientology religion as specified in the preliminary injunction].

“Voluntarily assisting any person (not a governmental organ or entity) arbitrating or litigating a claim against [various organizations and individuals affiliated with the Scientology religion as specified in the preliminary injunction].”

I am attaching a copy of a brochure published by FACTNET which was mailed broadly to members of the Church. One of the avowed purposes of this mailing is “to assist ongoing civil or criminal litigation…” which places the mailing squarely within the terms of the preliminary injunction. Indeed, a version of this brochure has already been filed in and has been used as a central part of the defense in litigation in which Church of Scientology International is a party. Moreover, Larry

James McGovern
February 24, 1994
Page 3

Wollersheim has been in constant litigation with the Church since 1979. There is no doubt that Wollersheim’s significant financial interest in his own litigation against the Church is a major, if not the primary, motivating factor behind his attacks on the Church through FACTNET.

A reading of the entire FACTNET mailing reveals that it is a thinly disguised attempt to foment litigation against the Church of Scientology with a plethora of false, sensational allegations.

FACTNET describes itself in this mailing as a ” nonaligned, nonprofit, research and educational public service consisting of an electronic lending library, electronic mail service, and electronic news transfer service.” (Exhibit D) Yet the text of this brochure is rife with false and malicious claims, revealing the true purposes and activities of the organization. As I advised you in earlier correspondence regarding CAN, that organization’s original application for tax exemption was denied because the Service found that CAN was not an “educational” organization because it did not provide a full and fair exposition of the facts. Following its review of CAN’s  literature the Service stated .”a significant portion of your viewpoints are not supported by relevant facts … and disparaging statements about organizations and individuals … were based on unsupported opinions or incomplete facts. Your publications did not present a sufficiently full and fair exposition of the pertinent facts as to permit an  individual or the public to form an independent opinion or conclusion.” FACTNET’s literature presents the same picture. FACTNET is not an “educational” organization. Its literature does not present the fair exposition of the facts required by 501(c) (3).

For example, it contains the absurd contention that in order to obtain tax exemption for the Churches of Scientology, Mr. David Miscavige had to admit to criminal conduct on the part of Mr. L. Ron Hubbard. You know for yourself that nothing could be further from the truth. That’s just the beginning.

The mailing purports to solicit information concerning a list of 112 individuals who were allegedly murdered, ordered to commit suicide, had nervous breakdowns or threatened suicide as a result of their affiliation with the Church of Scientology — an unbelievable pack of lies which could not be further from the truth. Scientologists have never been associated with murder and are well known for a very anti-suicidal stance.

The fact of mailing this document, in and of itself, is

James McGovern
February 24, 1994
Page 4

outrageous, clearly designed to upset and cause suffering to members of the Scientology religion on a broad scale. It is as if an arm of the Ku Klux Klan culled the obituary notices for Jewish names and then sent a mailing to synagogue members asking if they had any information regarding the mysterious deaths of those people, claiming their deaths resulted from their affiliation with the Jewish faith. This mailing is as charitable and educational as spray-painting swastikas on synagogue walls.

Maligning a religion by listing the alleged deaths of a number of its members over a 40-year period is grotesque. Moreover, of the 112 items on the list, 60 do not  describe deaths at all. Six of the people listed are listed twice and 20 of the listings do not even identify the person allegedly involved by name, using instead such statements as “an individual (name unknown)” or “a man in LA.” At least seven of the items on their face indicate death by natural causes.

A closer examination of the allegations in this brochure shows that they consist of the worst form of attack by falsehood and innuendo. FACTNET’s allegations are designed to hold the Church, its leaders and its parishioners in the worst possible light and have forced the Church to consume a tremendous amount of time and energy in an effort to discover the truth behind them in order to defend ourselves. This information is precisely the kind of “disparaging statements about organizations and individuals … based on unsupported opinions or incomplete facts” that led the Service to initially deny exemption to CAN. The following are a few examples:

a. Exemplifying the unsupportable and malicious nature of FACTNET’s assault on the Church and on senior Scientologists is the implication of wrongdoing by Mr. Miscavige in the death of his mother-in-law, Mary Florence Barnett. This is a pernicious effort to exploit a family tragedy and shows that FACTNET’s principals have absolutely no sense of decency. As reflected in the medical examiner’s records and sworn testimony (which FACTNET has), Ms. Barnett was despondent after failing to fully recover from a brain operation when she took her own life. There was no argument between them as claimed. In fact, Mr. Miscavige had not been in communication with his mother-in-law for some years prior to her tragic death, his only involvement in the matter was consoling his grief-stricken wife.

James McGovern
February 24, 1994
Page 5

b. Under the heading of “other deaths while an individual was associated with Scientology” is the name John Peterson. Mr. Peterson was an attorney for the Church who died of a heart attack while at his home. Apparently the only reason Mr. Peterson is on this list is because he represented the Church. Yet, FACTNET has placed his name in the context of a “chilling story,” “coverups” and “calamities.”

c. One falsehood which has long since been discredited is the fabricated claim by one Steven Fishman that he was ordered to commit suicide by the Church. He made such a claim following his arrest on charges of mail fraud to which he ultimately pleaded guilty and served a federal prison term. While FACTNET reports this suicide claim as factual, Fishman was convicted on a charge of obstruction of justice for perpetrating this very lie, a crime for which he was also sentenced to prison, along with the underlying mail fraud charges.

d. And on a personal level, the FACTNET allegation that is particularly offensive to me is the false charge that my wife, Yvonne Jentzsch, was denied medical treatment and was allegedly induced to commit suicide due to problems she was supposedly having with me and with Mr: Hubbard. There is not one word of truth to these claims. My wife was suddenly stricken with what appeared to be a stroke. After performing several tests at hospitals on both coasts, it was finally discovered that she was suffering from a form of cancer, which at the time of her death in Morton Plant Hospital in Florida, was medically untreatable. I stayed by her side to the very end and she died in my arms. She was loved by a great many Scientologists, including and especially by Mr. Hubbard. FACTNET’s implications concerning the circumstances of her death are a perfidious and vile assault on her good name, mine and Mr. Hubbard’s.

The above are only a few examples. The rest of the brochure is similarly rife with lies. The Church only became aware of the existence of FACTNET and its malicious campaign of slander and innuendo when several Church members reported receiving this brochure in the mail and it became necessary to respond to these scurrilous accusations. This involved having to search out the individuals named in the brochure, some of whom were never even Scientologists and some of whom were impossible to identify from

James McGovern
February 24, 1994
Page 6

the limited information provided by FACTNET. The results of this search so far prove that the brochure is a compendium of false allegations, generalities and innuendo. The tactic of calling it a.”questionnaire” which is part of an “investigation” is a transparent attempt to conceal its true purpose — to defame and malign the Scientology religion and its members and spread turmoil and upset among Church membership.

Needless to say, individuals who were named in this list whom we have contacted were appalled to learn that this false and malicious information was being circulated widely without their knowledge or consent. The purpose of distributing such a vicious and libellous mailing could not possibly be “educational” or “charitable.” It is nothing more than hate propaganda.

The motives of FACTNET also show through the veneer in the kind of information being solicited from subscribers. For example: “How might we locate or contact the parents or non-Scientology families of the senior Scn executives?” What other purpose could it have for soliciting this information other than to terrorize and harass the families of Church leaders?

FACTNET attempts to cloak its hate-mongering by using pseudo-scientific terminology such as “coercive persuasion.” Such “theories,” supported by Margaret Singer and others, have been utterly rejected by the courts (U.S. v. Fishman, 743 F.Supp. 713, 717 (N.D.Cal 1990)), and have been disclaimed by the American Psychological Association and the American Sociological Association.

The primary purpose of FACTNET is to attack the Scientology religion and the Church’s members. Any doubt of this fact is put to rest with a letter dated January 20, 1994 from Lawrence Wollersheim on behalf of the organization to the County Property Tax Department in Clearwater, Florida. Based on the IRS’s recognition of tax-exempt status to Church of Scientology Flag Service Organization, settlement was recently reached with the county property tax officials regarding that Church’s qualification for property tax exemption. Having gotten wind of this favorable settlement, Wollersheim wrote to the county officials imploring them not to go through with the settlement and stating that FACTNET “shortly … will have all 12,000 pages of the IRS ruling scanned into our searchable computer data base” for the purpose of using former members of the Church “and possibly several former high ranking IRS officials” to re-examine “this data base for fraud in Scientology’s application.”

James McGovern
February 24, 1994
Page 7

The county officials were obviously not too impressed with Wollersheim’s offer, as the settlement is now complete with the Church recognized as exempt with respect to most of its properties.

And the latest turn of events, an attempted extortion of the Church by Los Angeles attorney Graham Berry, claiming to represent Wollersheim and his cronies, proves the real intent of this scam. Berry demanded tens of millions of dollars from the Church to prevent further dissemination of this material in civil litigation and to government agencies, including the IRS, while admitting it was intended solely to create “PR problems” and to harass the Church into paying money.

As a front group for CAN, another of FACTNET’s nefarious purposes is to serve as a referral service for deprogrammers. “Deprogramming” is a process in which bigoted or mercenary individuals use force and coercion to dissuade a person from his religious beliefs. It very often involves kidnapping and holding the person against his will and acts of violence as part of the process. FACTNET’s articles of incorporation state, “Our sixth purpose is to support the networking and subject related efforts of individuals or organizations for whom having, sharing, and using this information on coercive psychological influence technology is critical to stopping, recovering from, helping others recover from, or preventing abuse in this area.” This psycho-babble is meant to conceal another aspect of FACTNET’s activities. “Helping others to recover” from alleged psychological influence is merely a euphemism for assisting deprogrammers to violate the rights of members of religions by criminally seizing them and attempting to change their beliefs through coercion. This is done for large fees, and I have no doubts that FACTNET intends to use its computerized bulletin board as a computerized referral network for deprogrammers in exchange for the referral fees.

Neither the pursuit of an extortion scheme nor religious bigotry are educational or charitable activities.

As set forth in my recent letter to you concerning CAN, there is strong evidence that FACTNET is simply a “high tech” appendage to CAN and its deprogramming-for-hire referral service. That letter set forth numerous examples of CAN-influenced deprogrammers having been arrested for kidnapping, assault and other crimes in connection with these activities. Galen Kelly, CAN’s security chief for many years, for example, was convicted and sentenced to 7 1/2 years in prison in March of 1993 for

James McGovern
February 24, 1994
Page 8

kidnapping in connection with a deprogramming attempt by him in May of 1992. CAN’s involvement in that deprogramming was well documented in the evidence of the case.

CAN’s relationship with FACTNET is also well- established. For example, provision four of FACTNET’s Articles of Incorporation, regarding the distribution of assets on
dissolution, states as follows:

“Assets will be divided equally between Cult Awareness Network, 2421 W. Pratt St., Suite 1173, Chicago, IL 60021 and American Family Foundation, P.O. Box 336, Weston, MA 02193.” (Exhibit A)

In addition to demonstrating FACTNET’s close association with CAN, this dissolution clause also fails to meet the organizational test under section 501(c) (3), as there is no guarantee that either CAN or American Family Foundation (another hate group also affiliated with CAN) will continue to qualify for exemption. Indeed, as demonstrated by my letters to you concerning CAN, it does not qualify for exemption.

Additionally, CAN and FACTNET share a common board member, Kent Burtner, a long-time opponent of new religions.

Lawrence Wollersheim, one of FACTNET’s founders, attended CAN’s annual convention in November 1993. While there, he promoted the computerized bulletin board service offered by FACTNET for $1000 per applicant.. Additionally, CAN Board member Paul Martin promoted FACT in the speech he gave at the convention, encouraging CAN members to support it. Wollersheim has a long history of shady money-making schemes and this time has combined making money directly with his vendetta against Scientology. These are not exempt purposes or activities.

FACTNET does not qualify for tax exemption. It is seeking to use 501(c) (3) status to have the government in effect fund its campaign of hate and bigotry through tax exempt contributions. Its application for tax exemption should be rejected.

Please let me know if I can provide additional information in connection with these matters.

James McGovern
February 24, 1994
Page 9

Thank you very much for your consideration.
Sincerely,

Heber C. Jentzsch

HCJ:mfh
Enc.

Notes

  1. This document in .pdf format.

Appellant’s Opening Brief (January 19, 1993)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT, DIVISION FOUR

Civ. No. B 069450
(Super. Ct. No. BC 052395)

CHURCH OF SCIENTOLOGY INTERNATIONAL,
Plaintiff-Respondent
vs
GERALD ARMSTRONG,
Defendant-Appellant.

On Appeal From

Superior Court Of The State Of California
County of Los Angeles

The Honorable Ronald M. Sohigian

APPELLANT’S OPENING BRIEF1

Ford Greene
HUB LAW OFFICES
California State Bar No. 107601
711 Sir Francis Drake Boulevard
San Anselmo, California 94960-1949
Telephone: (415) 258-0360

PAUL MORANTZ, ESQ.
P.O. Box 511
Pacific Palisades, California 90272
(213) 459-4745

Attorneys for Appellant GERALD ARMSTRONG

[…]

STATEMENT OF THE CASE

On February 4; 1992, Scientology filed its verified complaint for damages and for preliminary and permanent injunction against defendant Gerald Armstrong in Marin County Superior Court Action No. 152229. On March 30, 1992 the Marin court granted Armstrong’s motion to transfer to the Los Angeles County Superior Court where it became Action No. BC 052395. During the pendency of Scientology’s motion for injunctive relief, and in order to maintain the status quo, but specifically stating there was no adjudication on the merits, the Marin Court granted a temporary restraining order (16) 1/ which was ultimately dissolved in Los Angeles.
On May 7, 1992, Scientology filed its Amended Memorandum of

____
1 All citations designated (___) are to the particular sequential page number of the Appendix Filed In Lieu Of Clerk’s Transcript pursuant to California Rule of Court 5.1.

Page 2. APPELLANT’S OPENING BRIEF

 

Points and Authorities in Support of Plaintiff’s Motion for Preliminary Injunction for Breach of Contract (1-29), and Armstrong filed his Opposition to Motion for Preliminary Injunction. (30-50) Scientology replied on May 20, 1992. (51-63) The matter was heard on May 26 and 27, 1992 by the Honorable Ronald M. Sohigian (RT 5/26/92 and 1594-1713) who issued a preliminary injunction by his minute order dated May 28, 1992. (1714-17) Notice of ruling was given on June 5, 1992 in conjunction with the posting of a $70,000.00 bond.

Armstrong’s Notice of Appeal was timely filed on July 30, 1992. (1728-30)

STATEMENT OF APPEALABILITY

Since this matter involves the granting of an injunction, it is the proper subject of an appeal. Code of Civil Procedure section 904.1 (f).

I. STATEMENT OF FACTS

A. Gerald Armstrong, The Scientologist

In consequence of being a member of the Scientology Organization for 12 years, Gerald Armstrong gained first-hand knowledge regarding both the nature of the organization and the methods of its day-to-day operations. Although Armstrong ultimately learned, that L. Ron Hubbard (“LRH”) was “virtually a pathological liar when it [came] to his history, background, and achievements” (474-75, 485-89, 1004, 1008-14), at the outset of his involvement it was Hubbard’s lies which induced his affiliation. (1004-08, 1067)

Armstrong learned that after inducing the affiliation of its members by various deceptions, Scientology continually “violat[ed] and abus[ed] its own members’ civil rights, . . . with its “Fair Game” doctrine [and] harass[ed] and abuse[ed] those persons not in the Church whom it perceive[d] as enemies.” (474) The “Fair Game Policy,” a part of Scientology’s system of discipline and punishment, states:

Page 3. APPELLANT’S OPENING BRIEF

 

“Enemy – SP (Suppressive Person) Order. Fair Game. May be deprived of property or injured by any means by any Scientologist without any discipline of the Scientologist. May be tricked, sued or lied to or destroyed.”

(1036-1037)

Scientology also abused its members’ civil rights through breaching its promises that the personal information it extracted from adherents through “auditing” 2/ would be kept confidential. Instead, it used such information for the purposes of domination, extortion and blackmail. (734-74, 1039-41) Auditing was also employed to eliminate the members’ ability to critically reason, (1038, 1081), despite Scientology’s public claim that its purpose was to free individuals. (1086)

Armstrong possesses first-hand information regarding the visible structure of Scientology, and how the leadership ran Scientology through internal organizations, such as the Guardian’s Office, the Sea Organization and the Commodore’s Messenger Organization, which managed, operated and controlled all of Scientology regardless of any particular corporate designation. (475, 997, 1023-30, 1045-46). He knew that LRH’s representation to the general public and the Scientology membership that “the fees you pay for service do not go to me” was false and that LRH lived in splendor while the organization staff lived like slaves. (1032-34)

Armstrong participated in and drilled hundreds of people in

____
2 During the process of “auditing” in Scientology, a person being “audited,” a “penitent,” communicates to the clergyman, counselor, or therapist, the “auditor,” his innermost thoughts and relates incidents from his life which are emotionally charged, embarrassing or for which he could be blackmailed. The auditor writes down what the penitent says in “auditing reports.” The auditor demands and records details such as time and place when an incident occurred, who was present, who knew about the incident, their relationship to the penitent and their address or general location. These “auditing reports” form, along with the auditor’s notes and instructions made after the auditing sessions, the penitent’s auditing files. (1081)

Page 4. APPELLANT’S OPENING BRIEF

 

institutionalized schemes of practiced deception called “shore stories” or “acceptable truths,” which LRH claimed were required to combat the “enemy.” (1051, 1016-19, 787-88)

Armstrong was assigned to the Intelligence Bureau of the Guardian’s Office 3/ headed by LRH and his wife and then posted as LRH’s communications aide. (996) During this time he coded and decoded Guardian’s Office telexes, and maintained LRH’s operations files including those which ordered infiltration of the federal, state and local government offices, and the theft of documents. Armstrong also handled LRH’s telexes and dispatches ordering corporate manipulations which showed an absence of corporate integrity among the Scientology organizations.(1045-46)

LRH ordered Armstrong and his wife into the Rehabilitation Project Force (“RPF”), which was “a virtual prison Hubbard had created for any Sea Org members whom he considered to be in violation of or ‘counter-intention’ (“CI”) to his orders or policies.” (997; 738; 1048-49) The purpose of the RPF was to control members, who were physically held and not free to leave, break their will and obtain free labor. (740, 1050) Armstrong was imprisoned within the RPF for 17 months on one occasion and 8 months on a second. (739, 997, 999, 1048)

Armstrong personally participated in the massive destruction of evidence ordered in anticipation of a raid by the F.B.I. during which he came across LRH’s life archive. (480-81, 485-86, 1000-01) Throughout 1980 and 1981, Armstrong assembled an
____
3 “The Guardian’s Office is charged with the protection of Scientology. The Guardians handle intelligence matters including covert operations to acquire Government documents critical of Scientology, internal security within Scientology, and covert operations to discredit and remove from positions of power all persons whom Scientology considers to be its enemies.” United States v. Heldt (1981) 668 F.2d 1238, 1247, cert. denied (1982) 102 S.Ct. 1971. The Guardian’s Office executed tremendous control throughout all of Scientology, and until 1981, was the most powerful of LRH’s two main control lines. (1023-28)

Page 5. APPELLANT’S OPENING BRIEF

 

archive of 500,000 pages of documentation of LRH’s life, writings and accomplishments. (1003) In October 1980, LRH contracted with an independent author, Omar V. Garrison, to write his
biography. (1004) Armstrong became Garrison’s “research assistant.” (1004; 483-85)

During his biographical research, Armstrong discovered that LRH and Scientology had continuously lied about LRH’s past, credentials and his accomplishments. (486, 1008-14) As the wide gap between LRH’s claims about himself and the reality evidenced by the documentation Armstrong had assembled became manifest, he attempted to convince Scientology executives to change the biographical materials being published and disseminated about LRH so that they would be truthful. (1004; 486-87)

In response to Armstrong’s requests that Scientology tell the truth about Hubbard, a leader ordered that Armstrong be “security checked. (487) Sec checking is a brutally accusative interrogation in which the E-Meter, the electrometer used in Scientology auditing, is employed as a lie detector and tool of intimidation. Upon learning that his sec checking had been ordered, Armstrong and Jocelyn, his wife, left Scientology. (1015)

Following Armstrong’s departure, Scientology sued him, and hired private investigators who assaulted him, ran into him bodily with a car, attempted to involve him in a freeway accident, and followed and harassed him day and night for over one month. Scientology made four attempts to bring false criminal charges against him, destroyed his marriage, used his best friend to set him up in an intelligence operation, and had its members, lawyers and private investigators make false statements against him. (1053, 492-93)

B. Scientology Sues Armstrong The First Time And Loses

On August 2, 1982, Scientology sued Armstrong in L.A.S.C. No C420153 (“Armstrong I“) for conversion of certain papers which he had archived as part of the Hubbard biography project. After a

Page 6. APPELLANT’S OPENING BRIEF

 

lengthy trial, Judge Paul G. Breckenridge, Jr., filed his Memorandum of Intended Decision in Armstrong’s favor on June 22f 1984. (467) Rejecting Scientology’s effort to silence Armstrong and his counsel, (see 1202-1226), he stated:

Defendant and his counsel are free to speak and communicate upon any of Defendant Armstrong’s recollections of his life as a Scientologist or the contents of any exhibit received in evidence or marked for identification and not specifically ordered sealed. . . . defendant and his counsel may discuss the contents of any documents under seal or of any matters as to which this court has found to be privileged as between the parties hereto, with any duly constituted Governmental Law Enforcement Agency or submit any exhibits or declarations thereto concerning such documents or materials, without violating any order of this court.

(469) Judge Breckenridge found the facts presented by Armstrong to be true and incorporated Armstrong’s trial brief as an appendix to its decision. (470) He characterized Scientology as malevolent, in part because the organization “or its minions is fully capable of intimidation [of witnesses, including Armstrong] or other physical or psychological abuse if it suits their ends” (474), and provided the following factual findings:

In 1970 a police agency of the French Government conducted an investigation into Scientology and concluded “this sect, under the pretext of ‘freeing humans’ is nothing in reality but a vast enterprise to extract a maximum amount of money from its adepts by (use of) pseudo-scientific theories, by (use of) ‘auditions’ and ‘stage settings’ (lit. to create a theatrical scene’) pushed to extremes (a machine to detect lies, its own particular phraseology . . ), to estrange adepts from their families and to exercise a kind of blackmail against persons who do not wish to continue with this sect.” [footnote omitted] From the evidence presented to this court in 1984, at the very least, similar conclusions can be drawn.

In addition to violating and abusing its own members civil rights, the organization over the years with its “Fair Game” doctrine has harassed and abused those persons not in the Church whom it perceives as enemies. The organization is clearly schizophrenic and paranoid, and this bizarre combination seems to be a reflection of its founder LRH [L.

Page 7. APPELLANT’S OPENING BRIEF

Ron Hubbard]. The evidence portrays a man who has been virtually a pathological liar when it comes to his history, background, and achievements. The writings and documents in evidence additionally reflect his egoism, greed, avarice, lust for power, and vindictiveness and aggressiveness against persons perceived by him to be disloyal or hostile.

(Emphasis added.) (474)

In contrast to his findings regarding Scientology, Judge Breckenridge found Armstrong and his witnesses to be credible and sympathetic. He wrote:

As indicated by its factual findings, the court finds the testimony of Gerald and Jocelyn Armstrong, Laurel Sullivan, Nancy Dincalcis, Edward Walters, Omar Garrison, Kima Douglas, and Homer Schomer to be credible, extremely persuasive and the defense of privilege or justification established and corroborated by this evidence . . . In all critical and important matters, their testimony was precise, accurate, and rang true. The picture painted by these former dedicated Scientologists, all of whom were intimately involved [with the highest echelons of power in] the Scientology Organization, is on one hand pathetic, and on the other, outrageous. Each of these persons literally gave years of his or her respective life in support of a man, LRH [L. Ron. Hubbard], and his ideas. Each has manifested a waste and loss or frustration which is incapable of description.

(Emphasis added.) (473)

C. Scientology’s Attempt To Frame Michael Flynn 4/

Within four months of Judge Breckenridge’s decision, Scientology engaged in a massive “black PR” campaign against Michael Flynn which included the following operation:

The recent efforts of Hubbard and his Organization include procurement through the payment of $25,000 to an individual currently under indictment for perjury and fraud, of an affidavit claiming that I assisted in the forgery of a two million dollar check belonging to L. Ron Hubbard. The affidavit was procured by one Eugene Ingram who has been removed from the Los Angeles

____
4 This section is based upon the Declarations of Michael J. Flynn, Armstrong’s attorney. The Court should note that said declarations, however, were excluded from evidence. The trial court was incorrect however, because said declaration were based upon the personal knowledge of Flynn.

Page 8. APPELLANT’S OPENING BRIEF

 

Police Department for aiding narcotics dealers, pimping, and running a house of prostitution. Mr. Ingram procured the affidavit from a citizen of the United Arab Emirates after publicizing a $100,000 reward in full page advertisements in the Boston Globe, the New York Times, and other newspapers.

(1183-84) The foregoing facts were found to be accurate in the reported decision, United States v. Kattar (5th Cir. 1988) 840 F.2d 118, 119-22.

D. Scientology’s Attempt To Frame Armstrong

In 1984, after the Breckenridge decision, Scientology also attempted to set up and frame Armstrong, to “dead agent” him. As stated by Scientology in the Miller, Aznaran, and Xanthos litigation (discussed infra.)

Gerald Armstrong has been an admitted agent provocateur of the U.S. Federal Government who planned to plant forged documents in [Scientology’s] files which would then be “found” by Federal officials in subsequent investigation as evidence of criminal activity.

(1546-50; see also (1320). He had been

“plotting against … Scientology … and seeking out staff members who would be willing to assist him in overthrowing [Scientology] leadership. [Scientology] obtained information about Armstrong’s plans and, through a police-sanctioned investigation, provided Armstrong with the “defectors” he sought. On November 30, 1984, Armstrong met with one Michael Rinder, an individual whom Armstrong thought to be one of his “agents” (but who in reality was loyal to [Scientology]). In the conversation, recorded with written permission from law enforcement, Armstrong stated the following in response to questions by Mr. Rinder as to whether they had to have actual evidence of wrongdoing to make allegations in Court against [Scientology’s] leadership:

Armstrong: They can allege it. They can allege it. They don’t even have — they can allege it.

RINDER: So they don’t even have to — like — they don’t have to have the documents sitting in front of them and then–

Armstrong: Fucking say the organization destroys documents. . . . Where are the — we don’t have to prove a goddamn thing. We don’t have to prove shit; we just have to allege it.

Page 9. APPELLANT’S OPENING BRIEF

 

(Ex. E, Declaration of Lynn R. Farney, ¶ 6.) With such a criminal attitude, Armstrong fits perfectly into Yanny’s game plan for the Aznaran case.”

(1353-54)

The “written permission from law enforcement” was fraudulent and made without authority. The bogus document was dated November 7, 1984 on the letterhead of Eugene Ingram. (1572)

By public announcement, Los Angeles Chief of Police, Daryl F. Gates, repudiated the “written permission.” In part, Chief Gates stated:

I have directed an official letter to Ingram informing him that the letter signed by Officer Phillip Rodriguez dated November 7, 1984, and all other letters of purported authorizations directed to him, signed by any member of the Los Angeles Police Department, are invalid and unauthorized.

(1574)

Scientology’s allegations against Armstrong were thoroughly investigated by the Los Angeles County District Attorney’s Office and completely and soundly rejected. (1576-87)

E. The Settlement

In the Armstrong I litigation, on both the complaint and cross-complaint, Armstrong was represented by Boston attorney Michael J. Flynn, who also was Armstrong’s employer. (665) In early December 1986, an agreement was reached in Los Angeles by the Scientology Organization and Flynn to settle most of the cases in which Flynn was involved, either as counsel, or as a party. On December 5, 1986, Armstrong, along with nearly a score of other litigants adverse to Scientology – all of whom were represented by Flynn – was flown to Los Angeles to participate in a “global settlement.” (667) When Armstrong arrived in Los Angeles from Boston, he knew that settlement negotiations had been going on for months. (762) Upon Armstrong’s arrival, he was shown a copy of a document entitled “Mutual Release of All Claims and Settlement Agreement” for the first time, as well as some other documents that he was expected to sign.

When Armstrong read the settlement agreement, he was shocked

Page 10. APPELLANT’S OPENING BRIEF

 

and heartsick. The agreement betrayed everything that Armstrong had stood for in his battle opposing Scientology. (760) He told Flynn that the condition, set forth in settlement agreement ¶ 7-D, of “strict confidentiality and silence with respect to his experiences with the [Scientology organization]” was outrageous and not capable of compliance because it involved over 17 years of his life. Armstrong told Flynn that ¶ 7-D would require him to pay $50,000 if he told a doctor or a psychologist about his experiences over those 17 years, or if he put on a job resume the positions he had held while in Scientology. He told Flynn that the requirements of non-amenability to service of process in ¶ 7-H and non-cooperation with persons or organizations adverse to the organization in ¶ ¶ 7-G and 10 were obstructive of justice. Armstrong told Flynn that agreeing in ¶ 4-B to allow Scientology’s appeal of Judge Breckenridge’s decision in Armstrong I to continue without opposition was unfair to the courts and all the people who had been helped by the decision. Armstrong said to Flynn the affidavit that Scientology demanded he sign along with the settlement agreement was false. (668, 759)

Right after Armstrong first saw the document, he was told there were a number of other people with claims against Scientology who had already signed and others were being flown in to sign. (762) Flynn told Armstrong that he, and all the other lawyers, wanted to get out of the litigation because it had ruined his marriage and his wife’s health. Flynn told Armstrong that all the other witnesses upon whom later he would have to depend wanted to settle, too.

In Flynn’s presence, Eddie Walters, another litigant adverse to Scientology, yelled at Armstrong. Walters said everybody wanted out of the litigation, that Armstrong’s objections would kill the deal for all of the them, and that Armstrong’s objections didn’t matter because the settlement was bigger than he was. (762-63) Flynn did not stick up for Armstrong. (764)

Page 11. APPELLANT’S OPENING BRIEF

 

Flynn told Armstrong if he did not sign all he had to look forward to would be more years of threats, harassment and misery from Scientology, and everybody else would be very upset. Flynn advised Armstrong that the conditions of the settlement which he found offensive “were not worth the paper they were printed on” and that Scientology’s lawyers were aware of Flynn’s legal opinion and, nonetheless, wanted such language included. (759) Flynn advised Armstrong that in the event that there was further litigation against Armstrong by Scientology, Flynn would still be there to defend him. (768) Armstrong felt “a great deal” of pressure to sign the agreement, and capitulated. (761, 765-66, 772; 670-71)

It was Armstrong’s understanding and intent at the time of the settlement that he would honor the silence and confidentiality provisions of the settlement agreement, and that Scientology would do likewise. (672)

On December 11, 1986, Flynn and Scientology attorneys John G. Peterson, Michael Lee Hertzberg and Lawrence E. Heller appeared, ex parte, before Judge Breckenridge, announced that they had settled Armstrong’s Cross-Complaint in Armstrong I (458), and submitted a number of documents for filing. (1235-36, 1238, 1240-41, 1243-45, 1247-49, 1251.) Despite its promises, Scientology never did file the settlement agreement. (1258)

When Judge Breckenridge inquired whether the agreement impacted the appeal of his decision, the attorneys said that the agreement did not (458), despite Paragraphs 4-A and 4-B. (75-76) None of the attorneys advised Judge Breckenridge of their side stipulation that any retrial of Armstrong I ordered by the Court of Appeal would limit damages claimed by Scientology to $25,001, (1253) 5/ and they failed to advise him there was another side

____
5 Said stipulation, signed by Michael Flynn on Armstrong’s behalf and by John Peterson and Michael Hertzberg for Scientology and Mary Sue Hubbard, states: “The Church of Scientology of California, Mary Sue Hubbard, and Gerald

Page 12. APPELLANT’S OPENING BRIEF

 

agreement between Flynn and Scientology attorneys Cooley and Heller whereby they agreed to indemnify Flynn if the Court of Appeal reversed Armstrong I and they retried the case and won. (1255-56)

Moreover, prior to and at the time of the settlement Armstrong was not aware of the side agreements between his lawyers and the lawyers for the organization that considered Gerald Armstrong as their enemy! (712-13, 715; 771-72)

On December 18, 1986, the Court of Appeal dismissed appeal No. B005912 as premature because Armstrong’s cross-complaint remained to be tried. (1260-73) 6/

On January 30, 1987, Scientology filed an Unopposed Motion to Withdraw Memorandum of Intended Decision in Armstrong I. (1279-83) which Judge Breckenridge denied. (1285) Scientology then filed its second appeal in Armstrong I. (1287) On July 29, 1991, the Court of Appeal affirmed Judge Breckenridge’s decision. Church of Scientology of California v. Armstrong (1991) 232 Cal.App.3d 1060, 283 Cal.Rptr. 917.

F. Scientology’s Post Settlement Breaches

1. The Corydon “Dead Agent” Pack

In 1987, less than one year after the agreement was signed,

____
Armstrong, by and through their undersigned counsel, hereby stipulate that in any retrial ordered by any appellate court in Church of Scientology of California v. Gerald Armstrong, LASC No. 420153, the total damages awarded to the Plaintiff Church of Scientology of California and Plaintiff in Intervention Mary Sue Hubbard, combined for any and all causes of action, shall not exceed twenty five thousand and one dollars ($25,001.00).”

6 The Court of Appeal would not have been advised of the resolution of the underlying Cross-Complaint in Armstrong I – on the existence of which it based its order of dismissal of the appeal – because the fate of said appeal was the subject of Paragraphs 4-A and 4-B of the secret agreement.

Page 13. APPELLANT’S OPENING BRIEF

 

Scientology distributed a “dead agent” 7/ pack which included an attack on Armstrong. It stated:

“Corydon has used a description of the RPF provided by Gerry Armstrong, among others. Armstrong’s description in this book, however, is completely contrary to his own previous sworn affidavit about the RPF. (Gerry Armstrong’s description of the RPF in Corydon’s book can also be viewed in light of Armstrong’s numerous false claims and lies on other subject matters.)”

(1504) (Emphasis added.)

2. Scientology’s Declarations In The Miller Litigation

In October, 1987, Scientology representative Kenneth Long executed five affidavits in Church of Scientology of California v. Miller, High Court of Justice, Chancery Division, No. 1987 C. No. 6140, wherein Long solely discussed his characterizations of Armstrong’s activities that had been at issue in the Armstrong I litigation, and thus included within the scope of the settlement agreement. (See Appendix pp. 1506-23; 1525-44; 1546-50, 1555-62, 1564-70)

Long’s third affidavit falsely charged that:

Gerald Armstrong has been an admitted agent provocateur of the U.S. Federal Government who planned to plant forged documents in [Scientology’s] files which would then be “found” by Federal officials in subsequent investigation as evidence of criminal activity. (1549)

In another affidavit filed in the Miller case on October 5, 1987, Sheila M. Chaleff also falsely stated:

Mr. Armstrong is known to me to be a US government informant who has admitted on video tape that he intended to plant

____
7 “A ‘dead agent’ is a concept created by Hubbard in which an agent who is supposedly spreading stories about you, a lie, an untruth in his story is found. And that is documented. [¶] And then that documented fact is circulated to all of the people to whom the agent has communicated, and then he will become essentially dead, he will be killed by those people who have earlier trusted him. So you’ve destroyed his credibility and as an agent he is dead. [¶] And this pack of materials was a dead agent pack put out to dead agent Bent Corydon. Bent Corydon had written a book about Hubbard, and this is a pack of materials to discredit Bent Corydon.” (791)

Page 14. APPELLANT’S OPENING BRIEF

 

forged documents within the Church of Scientology and then using the contents to get the Church raided where these forged documents would be found and used against the Church.

(1553)

3. Heller’s Declaration And Argument In The Corydon Litigation

On or about November 1, 1989, in the case entitled Corydon v. Church of Scientology International, Inc., et al., LASC No. C694401, Scientology attorney Lawrence E. Heller filed a Notice of Motion and Motion of Defendant Author Services, Inc. to Delay or Prevent the Taking of Certain Third Party Depositions by Plaintiff. (1294-1305) In his memorandum, Heller discussed the “block settlement” of which the Armstrong agreement was a part:

One of the key ingredients to completing these settlements, insisted upon by all parties involved, was strict confidentiality respecting: (1) the Scientology … staff member’s experiences within … Scientology; (2) any knowledge possessed by the Scientology entities concerning those staff members …; and (3) the terms and conditions of the settlements themselves. Peace has reigned since the time the interested parties entered into the settlements, all parties having exercised good faith in carrying out the terms of the settlement, including the obligations of confidentiality. [Original emphasis.]

(1297) In his sworn declaration, attorney Heller testified:

I was personally involved in the settlements which are referred to in these moving papers which transpired some two and one-half years ago. . . . a “universal settlement” was ultimately entered into between the numerous parties. The universal settlement provided for non-disclosure of all facts underlying the litigation as well as non-disclosure of the terms of the settlements themselves. The non-disclosure obligations were a key part of the settlement agreements insisted upon by all parties involved. [Original emphasis.]

(1301-02)

4. Scientology’s Complaint Against The IRS

On August 12, 1991, Scientology filed a complaint styled Church of Scientology International v. Xanthos, et al., in United States District Court, Central District of California, No. 91-4301-SVW(Tx). (1307-47) Therein, Scientology stated:

Page 15. APPELLANT’S OPENING BRIEF

The infiltration of [Scientology] was planned as an undercover operation by the LA CID along with former [Scientology] member Gerald Armstrong, who planned to seed [Scientology] files with forged documents which the IRS could then seize in a raid. The CID actually planned to assist Armstrong in taking over the [Scientology] hierarchy which would then turn over all [Scientology] documents to the IRS for their investigation.

(1320)

5. The Aznaran Litigation

On or about August 26, 1991, Scientology filed its Supplemental Memorandum in Support of Defendants’ Motion to Dismiss Complaint with Prejudice in Aznaran v. Church of Scientology of California, et al. United States District Court, Central District of California, No. CV-88-1786-JMI(Ex). (1349¬59) Therein, a Scientology attorney stated that in 1984 Armstrong was

“plotting against … Scientology … and seeking out staff members who would be willing to assist him in overthrowing [Scientology] leadership. [Scientology] obtained information about Armstrong’s plans and, through a police-sanctioned investigation, provided Armstrong with the “defectors” he sought. On November 30, 1984, Armstrong met with one Michael Rinder, an individual whom Armstrong thought to be one of his “agents” (but who in reality was loyal to [Scientology]). In the conversation, recorded with written permission from law enforcement, Armstrong stated the following in response to questions by Mr. Rinder as to whether they had to have actual evidence of wrongdoing to make allegations in Court against [Scientology’s] leadership
• • •

(Ex. E, Declaration of Lynn R. Farney, ¶ 6.) With such a criminal attitude, Armstrong fits perfectly into Yanny’s game plan for the Aznaran case.”
(1353-54)

Armstrong was cleared by the Los Angeles District Attorney after a thorough – and Scientology generated – investigation. (1576-87)

G. Armstrong’s Post Settlement Breaches

Scientology’s position at the hearing below was that Armstrong violated paragraphs 7-G and 7-H of the settlement

Page 16. APPELLANT’S OPENING BRIEF

 

agreement. (81-82) The violations were predicated upon the facts that Armstrong had worked for two days in the office of Joseph A. Yanny and had executed two declarations to be filed in the Aznaran case (122-23; 128; 136-38), had later executed a declaration on Yanny’s behalf that was filed in Religious Technology Center v. Yanny, LASC No. BC 033035, (124-34), and had worked as a paralegal for Ford Greene in the Aznaran case (143
45; 159-64; 169) in which Armstrong filed another declaration on the Aznarans’ behalf. (147-57; RT 5/27/92 at 47)

[…]

Notes

  1. This document in PDF format.

Declaration of Vicki Aznaran (January 15, 1989)

I, Vicki Aznaran, hereby declare and state:1

1. I am over 18 years of age and a resident of the State of Texas. I have personal knowledge of the facts set forth herein and, if called as a witness, I could and would competently testify thereto.

2. There are many factors surrounding the releases attached as Exhibits A and B to defendants’ Motion for Summary Judgement which the defendants neglect to mention. Firstly these “releases” appear to be much longer than the one I signed. My husband and I had asked for copies of what we signed at the time and were told that we would get copies later. We never got these. After we filed suit, the releases attached to defendants motion for summary judgement were brought forth by the Scientologists. The releases which were signed (which do not appear to be these) were signed under extreme duress. I had been incarcerated in the desert for the last 6 weeks, under guard, locked up, and not allowed adequate sleep and eating inadequate food. I was physically ill.

A. I was not represented by counsel. Contrary to the affidavit submitted by defendants I was not availed of any counsel of my own. The only counsel present were the cult’s attorneys both of whom I knew were strictly looking after the interests of the Scientology cult which they are paid very well to do.

1

B. Shortly after my escape from Happy Valley I had called my sister in Texas because I was afraid of what the Scientologists might do to me and/or my husband. I had wanted her to know that I was planning to come home and that if she didn’t hear from me to please call the law enforcement authorities. There were no releases in question at that time and the matter of legal counsel had not even come up.

3. There is the matter of “Fair Game” which is known to anyone who has been in Scientology for any length of time. If you do not conform to the power hierarchy in Scientology you can and will be considered to be Fair Game which per Scientology policy means that you can be lied to, cheated, stolen from, sued, harassed and anything else they deem necessary to get you to conform to their wishes. My husband and I had no desire to be declared Fair Game. Had we demanded our own counsel or not signed what we were told to sign or refused to undergo the extensive security checking they demanded we would have been declared “suppressive persons and thus become fair game”. We decided that we would co-operate with whatever was asked of us so that we could get away without being declared “fair game”.

C. Since I left Scientology I have been monitored and harassed. This became increasingly intense when I was asked to testify for Joe Yanny I received threatening phone calls from cult

2

attorneys and cult members came to my home and place of business to intimidate me and attempt to coerce me not to testify for Joe Yanny. Since the filing of my lawsuit I have been declared suppressive and thus fair game. Private investigators follow and harass me and my family. My sister has been sued as well as myself and my husband. The cult has interfered with our business in an attempt to cause us to lose business. They have run phoney credit checks on us through a Ford dealership in Sacramento California. They have told the postal authorities that we were under investigation for drugs.

4. Additionally, I was told by Mr. John Peterson, one of the Scientology Cult’s attorneys for many years, that the releases that the Scientologists had people sign were not worth the paper they were written upon. He said that one could never sign away their right to sue nor could they refuse to testify against Scientology should they be subpoenaed before a court of law. Mr. Peterson said the value of the releases was that once someone had signed them, that person would think that he could not bring suit or testify against Scientology and that would act as a deterrent. One of the major purposes of these releases is to prevent anyone from testifying hostilely against Scientology to the U.S. government. Scientologists are trained to believe that the U.S. government is involved in a conspiracy to wipe them out. They also have a legitimate fear of being prosecuted for their criminal activity such as tax fraud, tax evasion, and obstruction

3

of justice.

5. The Scientologists also neglect to mention that they held all of my personal belongings and did not release them to me until I had signed the release. I know of others who did not sign releases and their pets were given away and their belongings destroyed. I did not wish for that to happen to me. It was not much but it was all I had to show for the fifteen years of exploitation by the cult.

6. I believe that there are other cases brought against the Scientology cult in which releases such as these were held to be invalid. We have not had adequate discovery into this matter to learn all the facts and need some more time in order to do that. Defendants have continuously refused to comply with my prior attorneys discovery requests although we have cooperated in their extensive, lengthy discovery with many days of depositions including depositions of our families.

7. These releases were not negotiated at all nor were they mutual in that we received nothing in return. In regard to defendants’ Exhibit H, a loan to be paid back with interest is not recompense. We did not request any loan and were told that we were getting it to keep us “out of enemy hands”. In regard to defendant’s Exhibit C they paid for personal belongings which were destroyed in a fire caused by the negligence of management,

4

overcrowded conditions and a lack of adherence to fire codes is merely putting back what was already there. This vas being repaid by the insurance company regardless of any releases. The fact of Richard’s $387.37 in wages that were owed would have been paid as his wages. These were not in question and nothing about them was negotiated. The reason the cult wished to indemnify me in any lawsuit I might be named in or subpoenaed in was to keep me from testifying hostilely in any of the litigation against them or to government agencies. The horse was purchased for less than we had put into her. We made no profit from that and did not even wish to sell the horse but the Scientologists wanted us out of California quickly so we would not be served with any subpoenas in the cases that were going on against them at that time. That was why they offered to purchase the horse.

8. I was forced to assign myself to the RPF. I was told that if I did not write an issue assigning myself that David Miscavige would write it and it would be far far worse than anything I could ever imagine. In other words he would write anything he wished to and make it broadly known. One example of this is a case where a girl refused to conform as ordered to and the Scientologists wrote an issue stating that the girl was a lesbian and published it to all of her friends. She escaped them and sued for libel and slander. It turned out that it was completely false and the Scientologists paid her to drop her suit and be quiet. This was in the San Francisco area in 1982. I was informed of this by the

5

cult member in the Office of Special Affairs who handled the lawsuit.

9. I did not decide on March 31, 1987 that I should leave the RPF. I had attempted to escape two weeks before that but had been caught by guards. I had expressed my desire to get away to several people on different occasions.

10. During the time I was in a motel in Hemet California, after leaving the RPF and up until any releases were signed, my husband and I were being security checked daily (an intense and lengthy form of interrogation) and we were being watched by guards. We had hardly any money, less than fifty dollars and we were extremely afraid of being declared fair game if we did not co-operate. I was in a very bad physical and mental state and would have signed anything in order to get away. The only thing I was grateful for was getting away.

I declare under the penalties of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed this 15th day of January, 1989, at Dallas, Texas.

[Signed]
Vicki J. Aznaran

Notes

  1. Signature page in Image format.