The Armstrong Op

Scientology's fair game on Gerry Armstrong

Introduction 

  • about the Armstrong Op
  • The Documents
    • Legal documents
    • IRS
    • FBI
    • Media articles
    • Cult documents
    • Correspondence
    • Other writings
  • The Loyalist Program
    • The Illegal Videos
  • Check Forgery Frame
    • Michael J. Flynn
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Mark Rathbun: The Juggernaut (May 28, 2013)

May 28, 2013 by Clerk1

 

Chapter Twenty-One

THE JUGGERNAUT  1 2

Juggernaut:   in colloquial English usage is a literal or metaphorical force regarded as mercilessly destructive and unstoppable.   – Wikipedia

For all of his alleged faults, L. Ron Hubbard was a keen observer and writer on the human condition. He once noted that “the bank follows the line of attack.”   “Bank” is Scientologese for the reactive mind, the stimulus-response portion of the mind that seeks destruction of others for survival of self.   With the devastating strike upon Ron and Scientology delivered in Los Angeles, all roads to L. Ron Hubbard’s bunker led through Flynn and Armstrong. It seemed that anyone with a score to settle was drawn like a magnet to the duo. Those combined forces took on the appearance of an overwhelming juggernaut.

The DOJ duplicated Flynn’s latest legal tactic: ask courts in Scientology litigation to order the church to produce L. Ron Hubbard as the “managing agent” of the mother church. Flynn assisted the DOJ to procure sworn declarations from his growing stable of former high-level official witnesses in support of the move.

David Mayo, the expelled former auditor to L. Ron Hubbard and erstwhile top technical authority in Scientology, had created a thriving Scientology splinter operation in Santa Barbara, California. Former high-level messengers – including two former Commanding Officers of CMO Int (Commodore’s Messenger Organization International) served as executives of his operation.   Until the Armstrong affair, they had steered clear of the L. Ron Hubbard-bashing Flynn/ FAMCO circles. But by 1984 they were supplying declarations to the DOJ and Flynn in support of their motions to compel Hubbard into depositions in lawsuits across the country.

Breckenridge’s Armstrong case decision, bolstered by a dozen declarations by former Hubbard messengers and aides, made the allegation of Hubbard’s “managing agent” status virtually uncontestable. Miscavige and Broeker were clearly established as the last links to Hubbard, but they could not provide countering declarations because it would subject them to depositions – which would lead Hubbard’s enemies directly to him.

Worse, the Breckenridge decision destroyed any chance of winning, in courts across the U.S., our vast array of pending motions to dismiss Flynn’s lawsuits on the basis of First Amendment rights to freedom of religion. The twenty-one-page Breckenridge indictment was devastating to our three years of expensive efforts at positioning much of the Flynn litigation for pre-trial dismissal.

Worse still, the decision pumped new life into what we thought by then to be criminal investigations losing steam. The Internal Revenue Service’s Criminal Investigation Division (CID) had been actively investigating the church, as well as LRH, Pat and Ann Broeker, David Miscavige and other church officials as named targets for criminal charges. Until the Breckenridge decision we had kept the CID somewhat at bay through litigation combatting their summons power, and a team of lawyers attempting to negotiate with IRS counsel and DOJ officials. But our intelligence lines were reporting that the LA-based CID group was once again gearing up to indict Hubbard and his aides.

The Ontario Provincial Police had, after their March, 1983 raid, steered clear of targeting Hubbard. Now they were reconsidering, in light of the outcome of the Armstrong case.

Our intelligence network reported that Gerry Armstrong was feeling drunk with power, given the sudden attention he’d received and his new importance in the anti-Scientology community. It seemed Armstrong and Flynn had worked their way up to being the axle to which all anti-Scientology spokes were linked. Per reports, Armstrong was talking of bringing all Scientology’s enemies together in a concerted effort to take over the church. The man who had prevailed in his case because of his alleged “fear for his life” was beating his chest and promising to take the very life of our church, and convert all its assets to outside control.

Our only shot at staving off indictments against LRH across North America, and of keeping him out of the couple of dozen pending lawsuits was to take out the axle and so depower its spokes. It was this desperate state of affairs that drew me directly into the shadowy world of intelligence. Throughout his litigation Armstrong had remained in periodic communication with a Scientologist who knew a thing or two about intelligence. Dan Sherman had published a number of spy novels, and had struck up an acquaintance with Armstrong. Armstrong looked up to Sherman and envied his literary success and intelligence acumen. Armstrong believed that Sherman – like so many other Scientologists during the tumultuous early eighties – was disaffected with the church and no longer considered himself a member. In fact, Sherman was cultivating a friendship with Armstrong in order to glean intelligence from him about the enemy camp. Up through the trial their communications were infrequent and mundane.   All that changed when Armstrong became an overnight anti-Scientology sensation. Because of Armstrong’s newly won stardom, Sherman began giving him more face time. Armstrong began sharing some of the details of his activities as a coordination point for all camps inimical to the church, from the Ontario Provincial Police, to the IRS CID, to the DOJ, to the Mayo splinter movement. Armstrong asked Sherman to see whether he could locate some church insiders who might aid in a take-over coup inside the church.

Gene Ingram and I concocted a rather elaborate game plan.   Gene would tap one of his old LAPD comrades to obtain written permission to covertly video record conversations with Gerry Armstrong. Technically, it was a lawfully given permission since we had a witness attesting that Armstrong was suggesting taking over and destroying the church by questionable means.

Gene obtained a recreational vehicle which had a wide rear window with reflective coating, making it one-way vision. A high-powered camera could record what was going on outside without being seen. We planned to record meetings with Armstrong to obtain evidence showing that not only was he not afraid for his life, he in fact was a well-backed aggressor and an operative of government agencies out to get Scientology. After taking circuitous routes to lose any possible tails, Sherman and I met Ingram in the RV in Long Beach. We worked out every detail of Sherman’s cover. We would bring in a former GO operative and have Sherman introduce him to Armstrong as a church insider, plotting the overthrow of the Miscavige regime and willing to play ball with Armstrong, Flynn and their government allies. That would hopefully prompt Armstrong to repeat and elaborate on some of the provocative takeover and take-down ideas he had alluded to in earlier conversations.

The chosen venue for the meetings was Griffith Park, inside LAPD jurisdiction and with plenty of opportunities for positioning the RV to capture the action. Sherman met with Armstrong and whetted his appetite. He told him he had made contact with an ally who had a number of well-placed contacts, currently on staff in the church. He told Armstrong he could only be identified by his first name, Joey, for security purposes. Joey was formerly of the Guardian’s Office and was connected to a number of former GO people who were bitter about being ousted by Miscavige, and sympathetic to Armstrong and the Mayo splinter movement.   Armstrong was visibly overjoyed at this opportunity gratuitously falling into his lap.

Sherman arranged a meeting between Armstrong and Joey to take place on a park bench in Griffith Park. Joey wore an audio wire which transmitted the conversation back to the RV, parked a hundred yards away and video recording the event. Armstrong and Joey both wore sunglasses; both attempted to look as nonchalant as could be, as they introduced themselves.

Joey explained that there was serious disaffection within the church, and a forming cabal of veteran staff ready to take out Miscavige and the current management. He called this cell the Loyalists. Armstrong was clearly excited, and believed Joey’s cover – no doubt because of Sherman’s story-telling skills and credibility with Armstrong.

Armstrong shared with Joey the master plan, which he represented as his brainchild, along with Michael Flynn. He explained that the plan was backed by the Ontario Provincial Police, the DOJ and the IRS. Flynn would prepare a lawsuit on behalf of the Loyalists, asking the Attorney General of California to take the church into receivership on their behalf. The DOJ, FBI, and IRS would conduct a raid on church premises to get fresh evidence of illegalities, in support of the Loyalist action. The raid would be coordinated to coincide with the filing of the receivership action.   The public relations fallout and the possible arrests of leaders would all but cripple the church.

Joey played his role well, feigning fear and nervousness that Armstrong could make good on the government back-up. In order to prove his representations, Armstrong opened a notebook and started naming his government contacts, representing that each was briefed, coordinated and ready to roll with the plan. He cited the following agents as close personal friends and in constant contact and coordination with him and with Flynn:

Al Ristuccia – Los Angeles office of the IRS Criminal Investigation Division

Al Lipkin –  Los Angeles office of the IRS Criminal Investigation Division

Richard Greenberg – U.S. Department of Justice, lead counsel in defending civil litigation brought by the church against DOJ, FBI and IRS

Tom Doughty – DOJ associate of Greenberg

Al Ciampini – Ontario Provincial Police

Armstrong provided Joey with phone numbers for each, including home numbers for some – and urged Joey to get in touch with his team members from these agencies.

Over time, Armstrong told Joey that the IRS CID was the most active government participant, and served as the main coordination point between agencies. He told Joey the CID agents had been briefed about Joey and the Loyalists, and were excited and supportive. The CID would grant them informant status, offer immunity for any crimes they might commit in assisting the government, and had even talked of providing safe houses for insiders. Armstrong then asked   Joey to get his contacts to go into church files and find evidence of illegalities, so that the IRS and DOJ would know where to search. Joey then brought into the mix someone whom Gerry had known from his Sea Org days.   Mike Rinder was a Commodore’s Messenger who had once worked directly with Ron.   He was then heading up the U.S. branch of the Office of Special Affairs.   Joey introduced Mike to Gerry.   Mike reported to Gerry that the files were relatively clean – there were no big smoking-gun documents being created after the 1977 FBI raids. At this point Armstrong’s macho bravado provided what would be our greatest defense against the indictments being issued against Hubbard, Miscavige, et al.   Armstrong suggested that the Loyalists create evidence of illegalities and plant them in church files for the IRS and DOJ to find in a raid, and use against church officials.

All of Armstrong’s representations about government conspiracies to take down church leadership and close down the operation were duly recorded.

David Miscavige was ecstatic with the results. He had me make a presentation of the evidence to a team of criminal lawyers, assembled to represent L. Ron Hubbard, Miscavige, Pat Broker and Lyman Spurlock (Hubbard’s accountant at ASI) to prevent IRS CID indictments and convictions – the potential charges we took most seriously. These attorneys – most from white-shoe Washington, D.C. law firms – were scaring the hell out of Miscavige. They were suggesting the IRS CID case was so serious that they recommended working a deal with the IRS for Miscavige and Spurlock to do time in halfway houses, so as to prevent indictment of Hubbard.   At the root of the IRS CID case was the evidence of millions of dollars of church monies being funneled to Hubbard through fraudulent means. And at the heart of the case would be the infamous MCCS taped conference in which church attorneys and staff acknowledged the fraudulent nature of the transfers.

My presentation horrified the team of criminal attorneys. They were hired because of their conservative, Reagan administration contacts. They did not want anything to do with such an aggressive investigative move.   They were concerned about the propriety of the means Ingram and I had utilized to obtain the evidence, and thought it would reflect badly on their own reputations. One attorney who represented Miscavige personally took me aside, though. He said he did not know how to use it at the moment, but that the evidence I had obtained would ultimately save the day for Hubbard, Miscavige and the church.   Gerald Feffer was the former Assistant Deputy Attorney General for taxation during the Carter administration. He was becoming a dean of white-collar criminal case dismissal prior to indictment. He would become a senior partner in the venerable D.C. law firm Williams & Connally.   Gerry told me to work with some of our more aggressive civil counsel to figure out a way to make the information public, and he would use it to make the IRS criminal case go away.

Another disclosure from the Griffith Park meetings cut to the quick with both Miscavige and me. Armstrong had told Joey that another Department of Justice player was in on the grand plan to close down Scientology: Bracket Deniston III. Armstrong said that Deniston was not investigating to find out who attempted to pass Hubbard’s check, and he was not investigating the evidence we had provided to him.   Instead Deniston was out to nail our investigator, Gene Ingram. Deniston had represented to Armstrong that he was setting traps to nail Ingram and the church for attempting to frame Flynn with purchased evidence.

This was particularly disconcerting, given events in the check investigation while all this Armstrong business was going down.   After I had been ordered out of Boston by Deniston, I had been lured back in by a man being prosecuted by his office. Larry Reservitz had been charged in a case very similar to the one involving LRH’s check. One of Reservitz’s connections who had access to Bank of New England records had used his access to fraudulently transfer money from random accounts to Reservitz. While under indictment, Reservitz reached out to me for the $ 10,000 reward we had previously advertised in the New York Times, claiming he had inside information on the Hubbard case and could identify the inside man at BNE. We had a number of phone calls and several meetings attempting to negotiate the deal. The jockeying was due to my suspicion that Reservitz was shaking us down, and I was searching for facts that would indicate he knew what he was talking about. Reservitz was continually attempting to characterize my questioning as an attempt to make the deal an exchange of cash for handing us Flynn.

In the meantime, Robert Mueller, Denniston’s superior and head of the Boston U.S. DOJ office fraud division, had flown to Italy to visit Ala Tamimi. He bought Tamimi’s retraction of his original statement in exchange for dropping a number of outstanding indictments the DOJ had pending against Tamimi for a variety of fraudulent schemes he had previously executed. I attempted to confront Mueller with what we had learned, but he refused to meet with me. Deniston outright denied that any visit or deal had been carried out by Mueller. In either event, Tamimi’s retraction caused Miscavige to turn up the heat to get me to turn up fresh evidence of Flynn’s involvement in the crime.

I was caught between a rock and a hard spot. Miscavige wanted Flynn at any cost.   Yet I felt that Reservitz might be attempting to frame me for attempting to frame Flynn.   I walked a tight rope between pursuing the investigation to Miscavige’s required degree of aggressiveness, and not stepping over the line with Reservitz. I even visited the Boston FBI agent in charge of the Hubbard check investigation, Jim Burleigh.   I pointedly accused Burleigh of having covertly made a deal with Reservitz to attempt to sting me.   Burleigh brought in another FBI agent to witness his categorical denial that the FBI or DOJ had made a deal with Reservitz: “We would never cooperate with the likes of Larry Reservitz.” Deniston likewise denied that Reservitz was working for the DOJ.   Still, I had my suspicions, particularly when we learned Deniston had become pals with Armstrong and Flynn.

With the sharks circling in and our waning confidence in our civil lawyers (having their heads handed to them in the Armstrong case) and criminal lawyers (advising Miscavige that he resign himself to doing time, at least in a halfway house), Miscavige ordered I find a new breed of lawyer. He wanted someone tough as nails, not some nervous Nellie.   He wanted someone who could figuratively kick Flynn’s butt in court, and scare the hell out of his DOJ and IRS backers. After an exhaustive nationwide search and many candidates eliminated, I thought we had finally found our man – in, of all places, Boston.

Earle Cooley was bigger than life.   He was a big, red-haired knock-off of L. Ron Hubbard himself. His gravelly voice was commanding. His wit was sharp. He was perennially listed in The Best Trial Lawyers in America.   He could spin a yarn that charmed judges and juries and took easy, great pleasure in viciously destroying witnesses on cross examination.   After I had interviewed Earle and reported to Miscavige, I arranged for us to watch Earle in action.   Miscavige and I flew out to Boston to see Earle perform in a high-profile art theft trial. We saw him decimate a seasoned criminal government informant so thoroughly on cross examination that the fellow, in a trademark Cooley expression, “didn’t know whether to shit or wind his watch.” Earle’s client – whom the government had dead to rights, and who was as unsympathetic a defendant as could be – was acquitted by the jury.   We had found the horse for the course.

Earle was like a breath of fresh air to Miscavige.   He took a similar black-and-white view of matters – we are right and good, the enemy is wrong and bad. Miscavige had long since lost his patience and his tolerance for our teams of civil lawyers and the civil-rights-experienced civil-rights-experienced opinion leaders among them. He referred to them as the “pointy heads,” short for “pointy-headed intellectuals.”   To him, our only problem was our counsels’ timid, second-guessing, defensive frames of mind.   And Earle reinforced that view.   Cooley attended a few civil litigation conferences with our other counsel. He ruffled their feathers by readily agreeing with Miscavige’s simplistic sum-up of what was wrong and the solution to it, aggression. The existing lawyers’ nervous objections and eye-rolling reactions to Earle’s sermons only reinforced Miscavige’s view.   “They are nothing but a pack of pussies,” he regularly groused to me; “what we need is for Earle to sink his teeth into those Flynn witnesses and that’ll be the end of this nonsense.”

Miscavige was nothing if not resilient. While never giving a hint that the overridingly important goal was the attainment of All Clear, by late 1984 it was quite evident to all involved that we were fighting an entirely different battle now. It was a fight for survival. We were desperately staving off the barbarians storming the walls of whatever compound L. Ron Hubbard might reside behind. It was evident too that Hubbard himself might have quit fighting – we no longer received any dispatches from him about the legal front. He was only sporadically sending ASI advices concerning his personal business, and to the church about Scientology matters. Miscavige had a team feverishly marketing Hubbard’s new science fiction books, the Mission Earth series. He was putting just as much pressure on church marketing folks to market Dianetics: The Modern Science of Mental Health, the broad public re-release of the 1950 book that had launched the entire movement.   All titles were making it back onto the New York Times bestseller lists.   So the incongruity created another level of cognitive dissonance. How could government officials across the continent be so feverishly pursuing a man who was so wildly popular with the public at large?   It would be years before I would find out that the sales were given a mighty boost by teams of Scientologists sent out to bookstores to buy them in bulk.   In the meantime, Miscavige was adept at keeping me and the troops motivated, inferring that we were buying Ron time to bail out the church’s disastrous public image and to complete his final researches at the highest levels of Scientology.

With Miscavige’s solving of the “why” behind our failures to attain an All Clear – i.e., the outside lawyers’ blatant counter-intention to Hubbard’s advices on using the enemies’ tactics against them, only more cleverly and more aggressively – our defeat-battered hopes were rehabilitated. Earle Cooley, the great Scientology hope, would soon be unleashed.

Notes

  1. Rathbun, Mark (2013-05-28). Memoirs of a Scientology Warrior (pp. 255-64). ↩
  2. GA: I mentioned Rathbun’s Chapter 21, which he titles “The Juggernaut,” in a recent letter to Dan Sherman. http://gerryarmstrong.ca/archives/1082 The whole chapter is Rathbun’s spin on the Armstrong Op, or more specifically the 1984 Griffith Park videotaping part of the op. The operation, which was clearly concocted to use or misuse the videos for nefarious purposes after the videotaping, still continues. Rathbun’s book shows the op continues by continuing it. Even though he calls it a memoir, and recounts different events or incidents in his Scientology career that appear unrelated to the op, the whole book is his spin on it. The book is also a fantastic late act, one more contemptuous fair game nastiness in the same old sick op.

    Most importantly at this time, Rathbun’s spin, and his facts propelling it, are virtually identical to the spin and facts the Miscavige Scientologists give to their description of these events in their black propaganda publications, in their filings in their legal proceedings, in their submissions to the IRS, or to governments and people around the world. The difference is that Rathbun says Miscavige ran and runs it all, and Miscavige and his corporate underlings either do not say or say the same thing. ↩

Filed Under: Cult documents Tagged With: Al Ciampini, Al Lipkin, Al Ristuccia, Ala Fadili Al Tamimi, Brackett B. Denniston III, Christofferson v. Scientology, David Kluge, David Miscavige, Earle C. Cooley, FBI, Gerald Feffer, Gerry Armstrong, IRS, IRS CID, Jim Burleigh, L. Ron Hubbard, Larry J. Reservitz, Loyalist Program, Loyalists, Lyman Spurlock, Mark C. Rathbun, MCCS, Michael J. Flynn, Michael J. Rinder, Pat Broeker, Richard Greenberg, Robert Mueller

Testimony of Jesse Prince (Volume 8) (July 11, 2002)

July 11, 2002 by Clerk1

IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA
CASE NO. 00-5682-CI-11

DELL LIEBREICH, as Personal Representative of the ESTATE OF LISA McPHERSON,
Plaintiff,

vs.

CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, JANIS JOHNSON, ALAIN KARTUZINSKI and DAVID HOUGHTON, D.D.S.,
Defendants.

_______________________________________/

PROCEEDINGS: Defendants’ Omnibus Motion for Terminating Sanctions and Other Relief

TESTIMONY OF JESSE PRINCE1

VOLUME 8

DATE: July 11, 2002. Morning Session

PLACE: Courtroom B, Judicial Building
St. Petersburg, Florida

BEFORE: Honorable Susan F. Schaeffer
Circuit Judge

REPORTED BY: Debra S. Turner
Deputy Official Court Reporter
Sixth Judicial Circuit of Florida
_________________________________________________

KANABAY COURT REPORTERS
TAMPA AIRPORT MARRIOTT HOTEL (813) 224-9500
ST. PETERSBURG – CLEARWATER (727) 821-3320

Page 1008

APPEARANCES:

MR. KENNAN G. DANDAR
DANDAR & DANDAR
5340 West Kennedy Blvd., Suite 201
Tampa, FL 33602
Attorney for Plaintiff

MR. KENDRICK MOXON
MOXON & KOBRIN
1100 Cleveland Street, Suite 900
Clearwater, FL 33755
Attorney for Church of Scientology Flag Service Organization

MR. LEE FUGATE and MR. MORRIS WEINBERG, JR.
ZUCKERMAN, SPAEDER
101 E. Kennedy Blvd, Suite 1200
Tampa, FL 33602-5147
Attorneys for Church of Scientology Flag Service Organization

MR. ERIC M. LIEBERMAN
RABINOWITZ, BOUDIN, STANDARD
740 Broadway at Astor Place
New York, NY 10003-9518
Attorney for Church of Scientology Flag Service Organization

Page 1009

[… Other Court business]

THE COURT: Both sides can ask the witnesses if they have been keeping up with this, and I’ll have to decide what I’m going to do about it.

Okay. Mr. Prince.

(Mr. Prince took the witness stand.)

THE COURT: Good morning.

THE WITNESS: Good morning.

THE COURT: Okay. Day 31. This is the 11th, right?

MR. WEINBERG: Of the trial?

THE COURT: 7/11.

MR. WEINBERG: 7/11.

THE COURT: All right. You may continue, Counselor.

CROSS-EXAMINATION OF JESSE PRINCE (RESUMED)

BY MR. WEINBERG:

Q Now, in the vein that we just talked, the Judge

Page 1021

and I, have — since you have been back on the stand this week, have you met with any of the witnesses or prospective witnesses in this case?

THE COURT: Do you know who the prospective — does he know who they are?

BY MR. WEINBERG:

Q I think — well, the next witness is Frank Oliver, and then there’s Mr. Dandar. There’s some secret person that Mr. Dandar hasn’t told us about — maybe he’s told you — and the prior witnesses were Peter Alexander, what, Teresa Summers, Vaughn Young, Stacy Young, Bob Minton, other people — Brian Haney. Have you met with any of those people?

A Not anything for the purposes of — that’s been in relationship to this trial. I mean, I was here the day that Mr. Haney was here, and we had lunch when he was testifying. I think I was waiting outside the courtroom or something.

THE COURT: The real question is, Have you discussed with them their testimony or yours?

THE WITNESS: Oh, no.

BY MR. WEINBERG:

Q Have you discussed, since you’ve been back on the stand, your testimony with Mr. Dandar?

A No.

Page 1022

Q Or Mr. Lirot? I’m sorry. I had trouble with his name?

A No, Mr. Weinberg, I have not.

Q Or Ms. Greenway?

A No, Mr. Weinberg, I have not.

Q Okay.

A I followed the court instruction in that regard.

Q And have you had an opportunity to visit the — the —

THE COURT: Unless Ms. Greenway is a witness, she could technically — technically I suppose have chatted with her. If people under the rule —

First of all, he’s testified he ought not to be discussing his testimony; the Court instructed him so.

BY MR. WEINBERG:

Q Let me ask you this. I mean, have you eaten — I mean, have you visited with, you know, Ms. Greenway or Mr. Oliver or anybody like that?

A Yes.

Q Okay. Because they’re friends?

A Correct.

Q When’s the last time you saw Mr. Oliver?

A Last night.

Page 1023

Q What were you doing with him last night?

A We had dinner. I invited him to a barbecue.

Q Did you know that he was going to be testifying —

A Yes.

Q — after you?

A Yes.

Q And where was the barbecue?

A My house.

Q And who else was there?

11 A Mr. Lirot, Mrs. Greenway, my fiance.

THE COURT: It — really and truly, this is  not your business. What is your business is whether —

MR. WEINBERG: I was going to ask one last question.

BY MR. WEINBERG:

Q And you all didn’t talk about the case?

THE COURT: That isn’t the question either.

It’s whether he discussed anything about his testimony. I mean, they can talk about the trial.

They can say — we’re all crazy to think that when most people get together, they don’t say, “What do you think? Is the case going to be ready for trial?” But the question is what’s going on here.

Page 1024

BY MR. WEINBERG:

Q Did you talk at all about your testimony or Mr. Oliver’s testimony?

A No. I followed the Court’s instruction in that regard.

Q Now, I touched on this a couple of days ago, but I want to go back for just a minute and see if we can focus more on the dates. After you left the Church of Scientology at the end of October, beginning of November of 1992, there came a time when, in Minneapolis, you became employed by a company called G & B. Is that right?

A Correct.

Q And that was a company — is a company that is run by a woman named Dana Hanson. Is that right?

A Correct.

Q And she is a public member of Scientology?

A To my knowledge at the time, yes.

Q All right. And you’d started working for her in March of 1994, thereabouts, correct?

A I’d say that’s a fair estimation of when I started working for her.

Q And at first your then-wife had been referred to her to work, right? Is that how it started?

A I believe, yes. I believe you’re correct in that.

Page 1025

Q And the reference came from a staff member in the  Minneapolis Org?

A I’m not sure where the reference came from.

Q In any event, you began to work for this company, right?

A Correct.

Q And you stayed at the company until the fall of 1995, when you were fired, right?

A Incorrect. I was never fired from that company.

Q You left the company in the fall of 1995?

A Correct.

Q Now, during this period of time, Ms. Hanson was kind enough, for part of the time, to let you stay in her house. Right?

MR. DANDAR: Objection to relevancy.

THE COURT: Yes. Sustained.

BY MR. WEINBERG:

Q Well, during the time that you were employed by Ms. Hanson — oh, by the way, this company was run pursuant to Hubbard technology, correct?

A Not per se, but she wanted it to. She wanted me to run it according to Hubbard technology.

Q And —

A It hadn’t been like that before.

Q And briefly, that means what?

Page 1026

A Getting people to disclose intimate details about themselves because this was, you know, a Scientology belief that, you know, if you tell intimate details about yourself or things that you wouldn’t necessarily want made public, then it’ll somehow make you feel better and increase your production.

Q And —

A That’s one thing. Another part was to sit people down and have them study the writings of Mrs. Hanson concerning how the company should operate and make sure that they understood all the words that she had written.

And also, she wanted me to do like a class, a classroom for doing the TRs, the training routines that I mentioned earlier in my testimony that’s part of Scientology training —

Q Okay.

A — that kind of thing.

Q And the idea was the company would run more efficiently, correct?

A Correct.

Q Okay. Now, during the course of your year and a half or so with the company, there came a time when you admitted to Ms. Hanson that you had engaged in extensive unethical behavior, in violation of moral codes that were adhered to by Scientologists pursuant to this Hubbard

Page 1027

technology, correct?

MR. DANDAR: Objection. This is nothing but to try to embarrass and denigrate Mr. Prince —

THE COURT: What’s the point of this?

MR. WEINBERG: The point is that Mr. Prince said on direct that he couldn’t work because of the Church of Scientology, that he lost his job as a result of the Church of Scientology. That’s what he said.

THE COURT: That has nothing to do with this hearing. The objection is sustained.

BY MR. WEINBERG:

Q What was the reason that you left in October of ’95?

MR. DANDAR: Same objection.

THE COURT: I’ll allow that.

A I left because I didn’t want to practice — I didn’t want to do that — do the things, the Scientology things, in the company. I just wanted to be normal, just do what a company does, instead of adding a Scientology slant to it.

BY MR. WEINBERG:

Q All right. So the Church, no staff member, had anything to do with you being terminated from your job.

You just —

Page 1028

A I think I mentioned I was not terminated from my job, Mr. Weinberg.

Q When you terminated from your job, no staff member had anything to do with it.

A I couldn’t hear you. There was noise going on.

Q I said no staff member in any Church of Scientology had anything to do with you leaving your job. Is that right?

A No. That’s categorically false. Mr. Sutter from the Religious Technology Center, after I would not do the Scientological things in that company, together with Ms. Hanson —

THE COURT: This is just not relevant.

MR. WEINBERG: Okay. Well, I mean, a lot of that answer —

THE COURT: It is not relevant to this proceeding, so you’re not going to go into why he left the job. It just doesn’t matter.

MR. WEINBERG: Okay.

BY MR. WEINBERG:

Q Now, you said yesterday that you had — you accused the Church yesterday of having made you sign undated resignations, resignation letters, which were then dated on the date that you were busted from the RTC.

Correct?

Page 1029

A Correct.

MR. WEINBERG: Now, let me show you —

Do we have the resignation letters? Are they in evidence?

MR. DANDAR: While they’re looking for that, Judge, did you say this is Day 31?

THE COURT: If what Mr. Weinberg said yesterday, that that was Day 30, then this would be Day 31. I couldn’t keep up with it.

MR. WEINBERG: May I approach the clerk?

THE COURT: You may.

MR. WEINBERG: This is 242 (handing), your Honor.

BY MR. WEINBERG:

Q I’ve showed you what we’ve marked as 242 —

A Yes.

Q — Defendant’s 242. Can you look at those and tell me if those are copies of the three resignation letters which you signed on March 3rd, 1987?

A Yes, they are.

Q Now, you are familiar, are you not, with a dot matrix printer? Do you know what that is? Do you remember the printers back 13 or 14 years ago?

A Yes, I believe I know what you’re talking about.

Q Right. And this letter — you can tell that

Page 1030

these letters were typed on dot matrix printers. They were printed out on dot matrix printers. You can even see on the side, the column, some of the holes? Do you see that?

They line up exactly on the three letters, right?

A Okay.

Q And it’s impossible to have typed up a letter on a dot matrix printer years before and then run it back through and put a date on it years later. That’s impossible, isn’t it?

MR. DANDAR: Objection. Outside of his expertise.

THE COURT: Do you know the answer to that?

THE WITNESS: No. But I know the answer to why these documents have this date on here.

THE COURT: Okay. If he can’t answer that question, he can’t answer it.

MR. WEINBERG: I move these into evidence, your Honor.

THE COURT: All right.

THE WITNESS: Oh, can I have this?

MR. WEINBERG: Sure. She has it.

THE COURT: What is the number, please?

MR. WEINBERG: It’s 242.

BY MR. WEINBERG:

Q Now, in your direct testimony, you made a big

Page 1031

point about the CSWs, the completed staff work, you know, like the purchase orders. Do you know what I’m talking about?

A Yes, I do.

Q And —

A I didn’t make a big deal out of it. I think I explained it.

Q Well, the point was, you said that in order to — for the medical liaison office to buy, you know, chloral hydrate, you would have to have a CSW or purchase order issued. Correct?

A Right.

Q And then you drew some conclusion. Because there wasn’t any purchase order, your conclusion was that that hadn’t happened? Was that what your conclusion was?

A I do not believe that that was my conclusion.

Q In any event, you’re familiar, are you not, with cash floats? Do you know what that is?

A Sure.

Q And are you familiar with the policy that provides for a float for the MLO? Are you familiar with that?

A I am not.

Q Explain to the Court what a float is.

A Well, I mean, if you have a policy there, I mean,

Page 1032

I —

THE COURT: He just wants you to tell me what a float is, if you know.

THE WITNESS: I don’t.

BY MR. WEINBERG:

Q I thought you just said you did.

A Well, not in the — I don’t think — maybe I misspoke, because I don’t understand the context you’re talking about float here.

MR. WEINBERG: All right. I’ll have it marked.

Could you mark this as 243, I believe.

This would be 243, your Honor (handing).

THE WITNESS: Thank you.

BY MR. WEINBERG:

Q Now, I’ve handed you a — Defendant’s 243, which is Flag Order 3082R, November 15th, 1971, with regard to medical finance. And do you see that this policy reinstates in every Sea Organization the use of a $1,000 medical float? Do you see that?

A Yes, I do.

Q And do you understand what that means?

A Yes, I do. But this does not negate someone else that has a medical emergency, as stated in that CSW exhibit that we put in for medical emergencies, of what it has to

Page 1033

go through.

Q Well, do you understand that what this is saying is that for every Sea Organization, including — which would include Flag Services, correct, Fort Harrison?

A Correct.

Q Right. That for every organization, the MLO, the medical liaison office, has a $1,000 float from which they don’t have to issue these CSWs and purchase orders and can go get what they need? Do you understand that?

A Well, hang on a second, because I’m looking at this second page here, and it says since the medical officer has the authority in the Org more than anyone else under need of these purchases, he does not need division reapproval. He does not have to have a CSW for his money. Division 3 just disburses the money each time. A simple red purchase order stating $1,000 for a medical float is sufficient to get the money.

Now, what this is specifically referring to is a medical officer having this float, but there’s another policy letter in Scientology that’s in Division 3 that has to do with accounting. Even though this medical officer would have this float, he would still have to account in detail where the last $1,000 went as well.

Q Well, look at under “essential data.” Do you see where it says this policy — this medical float policy is

Page 1034

established to prevent the medical officer from having to spend much time or worry on finance?

A Yes.

Q Do you understand that the whole concept of every time I had to go get chloral hydrate for a parishioner that needed it, that I would have to fill out some CSW, that that might not be a very efficient way to help people and that that’s what this float policy is all about?

A Well, you know, I understand what you’re saying in theory and, you know, I don’t — I really don’t think it’s a common practice.

THE COURT: Are you saying that when you go back and get more — $1,000 float money that they’re going to want to see what you spent the money for?

THE WITNESS: Yes. Yes, your Honor.

THE COURT: And how are you going to account for that? With receipts or what?

THE WITNESS: Yes, your Honor.

BY MR. WEINBERG:

Q Now, have you ever been a medical liaison officer?

A No, I have not.

THE COURT: I mean, this sounds to me like a petty cash fund of sorts.

MR. WEINBERG: That’s exactly —

Page 1035

THE COURT: When you have a petty cash fund, you still — if it’s a $1,000 petty cash fund, you’re going to have to show somebody what it is you spent the money on.

MR. DANDAR: I also object. The last sentence on this document talks about it’s only for the crew. They hadn’t mentioned anything about public members.

THE COURT: Well, you can bring that up on cross-examination.

MR. DANDAR: All right.

MR. WEINBERG: I was just raising this because of the testimony on direct, that you needed a CSW. This policy says you don’t need a CSW.

THE COURT: I frankly didn’t even remember it, so . . .

MR. WEINBERG: You do now, right?

THE COURT: I do now.

MR. WEINBERG: And then I’ll just show you —

Then I’ll mark, just so it’s in the record the — as the next exhibit.

THE CLERK: 244.

MR. WEINBERG: 244, take one second (handing to Court and witness).

Page 1036

BY MR. WEINBERG:

Q The Modern Management Technology Defined: Hubbard Dictionary of Administration and Management. You know about that dictionary, right, Mr. Prince?

A Yes, I do.

Q If you go to “medical float,” do you see on page 329, it says: “With this float, the medical officer buys doctor-dentist-medical-health specialist visits and treatment, laboratory analysis, X rays, medical equipment essential for a person’s health, medicines, prescriptions, and transportation.” Do you see that?

A Yes.

Q So something like a prescription for chloral hydrate would be covered by the medical float, would it not?

A This references this same Flag order. I gave testimony that a Flag order has to do with Sea Org personnel. It has to do with people that are on staff in the Sea Org.

Q So — so the MLO officer has to get a purchase order to go get chloral hydrate for a parishioner who is staying at the Fort Harrison, but if he or she doesn’t — if a Sea Org member is at the Fort Harrison? Is that your testimony?

A My testimony is the evidence that you’ve given me

Page 1037

here states specifically that this is how it is done for staff members. The public, being a paying public, certainly have different policies.

THE COURT: To be candid with you, I think it’s been conceded that — by somebody that Lisa McPherson should not have been to the hotel. Hasn’t that been conceded?

MR. WEINBERG: Well, I don’t think conceded.

I think people were trying —

THE COURT: To suggest that it really ought not to have been taken care of —

MR. WEINBERG: It would have been a smarter thing to be in a different environment.

THE COURT: Right. So you have to assume that the medical that they’re talking about in this — I’ll ask Mr. Prince this.

You have to assume that normally it’s going to be Sea Org members who are going to be taken care of because they’re the ones that would be living in a Scientology facility.

THE WITNESS: Correct.

THE COURT: But at some place like Flag, where they have maybe — I guess you have to be a Sea Org member to come there and take the technology courses that they offered.

Page 1038

THE WITNESS: No, you don’t have to be —

THE COURT: Right. So if somebody is there — there, and they have to get a — I mean, I don’t know what — they get sick and somebody is called in and they need some minor medicine, I would assume that they would allow this policy to govern, rather than have to go through all the harangue of whatever it was you were talking about.

But I think that whatever it is, you’re going to still, nonetheless, account for whatever it is you bought out of your petty cash fund or your float fund or whatever you want to call it.

THE WITNESS: Sure. And the other thing, your Honor, is that in no way will a Scientology organization pay the medical expenses of a public paying staff member, a public person coming in, using services in Scientology.

You know, the money works the other way. The public gives the money to Scientology. Scientology doesn’t then —

THE COURT: Well, we know they were using Ms. McPherson’s money to pay for certain things because she eventually ran out.

THE WITNESS: Correct.

THE COURT: So presumably everything was subject. I mean, if she was really in a bad

Page 1039

situation, a psychotic, where she couldn’t — you know, they apparently were free to use her funds, I guess.

THE WITNESS: Yes.

THE COURT: So you can’t really tell us, under the circumstances that we’re dealing with here, whether chloral hydrate was necessarily purchased out of the float money or whether it was purchased with this CSW.

THE WITNESS: Correct.

THE COURT: Would that be fair?

THE WITNESS: Yes, your Honor.

MR. WEINBERG: Just a few more questions, one more area.

BY MR. WEINBERG:

Q Back to the gun situation just for a moment.

Yesterday when we talked about this or the day before — I’ve sort of lost count now — you sort of suggested that it was more of a — of a joke, that you really weren’t that serious.

THE COURT: What was a joke?

BY MR. WEINBERG:

Q That you weren’t really threatening anybody.

THE COURT: What are you talking about?

MR. WEINBERG: Oh, I’m sorry, the gun, when

Page 1040

he says he pulled the guns on David Miscavige.

A I didn’t say anything about a joke. I said I did it out of self-protection.

BY MR. WEINBERG:

Q All right. So —

A That’s the testimony that I gave from this stand.

Q Well, I thought I heard you say that you didn’t really threaten anybody.

A I can’t help what you thought you heard, but I can tell you right now that when — after — what I testified to in this courtroom is that after those people grabbed me and I got away from them, I went to my room and got these weapons to protect myself.

It wasn’t a joke to me at that point.

Q And when you first told — do you remember when you first told this story about guns? That was in the FACTNet deposition, which was the first deposition I think — was that the first deposition you gave after you became a witness against Scientology?

MR. DANDAR: Objection to form.

THE COURT: No, that’s all right.

MR. DANDAR: All right.

THE COURT: Overruled.

A I’m not sure.

BY MR. WEINBERG:

Page 1041

Q All right. Do you remember in that deposition that you said something to the effect that bodies were going to start dropping?

A If you have it, you know, I’d like to see it.

Q Okay.

A If you just have it, you show it to me, and I’ll tell you what I said.

Q We’ll play a short clip, you’ll have it, and then I’ll have a couple of questions.

A Okay.

HE COURT: A short clip from what? A deposition?

MR. WEINBERG: Of his deposition. It’s his deposition.

THE COURT: In this case?

MR. WEINBERG: No. It’s his deposition in the FACTNet case. It will take just a minute, I think.

MR. DANDAR: Apparently need it brighter.

MR. WEINBERG: I’m amazed she can pull this stuff up.

THE WITNESS: Right in this room, I’m having a difficult time. I think I’d better go around.

THE COURT: Sure. Wait a minute.

MR. WEINBERG: Wait just one second.

Page 1042

(The witness left the stand,)

THE WITNESS: Okay.

THE COURT: Okay.

(The tape was played as follows.)

FROM THE DEPOSITION OF JESSE PRINCE DATED AUGUST 20, 1998

A And I went to my room, where I had a loaded .45 and a loaded Mini 14, and I came back to David Miscavige’s office with those guns. And I said, “Which one of you wants to fuck with me now?”

BY MR. ROSEN:

Q And what happened? I’m sitting here with bated breath thinking — to hear the end of the story.

A Well, do you want me to tell it or do you want —

Q No, I’m (unintelligible) the answer to that question that you raised.

A Well, I’m confused now. What question did I raise?

Q You posed a question to Mr. Miscavige that “which one of you wants to F with me now?”

A Right. So at this point Vicki comes running out:

“Jesse, no, no, no, it’s all been sanctioned by Annie Broker. She knows about everything. And Pat Broker. She knows about everything. Don’t do this.”

Then here comes David Miscavige. He completely

Page 1043

changes his tune now: “Oh, Jesse,” you know, “we’ve been friends and we’ve gone through so much. Let’s not go here.

It’s a mistake what we’ve done here. I know you’re upset. Please let’s talk about it.”

And I stood there looking at them with my guns in my hand, wondering. You know, like you can pat a snake on the head, but as soon as you pull your hand back, he going to bite. And I was wondering if that was going to happen to me as I’m sitting here with these guns.

And, you know, David is like pleading. Then it turns into a situation like, “Well,” you know, “we’ve got lots of guns too.”

And I said, “What the hell do you all want to do, have a shootout? Because I’ve got guns here, and bodies are going to start dropping.”

(End of tape. The witness returned to the stand)

MR. DANDAR: I object. It’s apples and oranges. It doesn’t even go to try to impeach the witness.

MR. WEINBERG: Well, first —

THE COURT: I don’t know what the purpose was, so we’ll hear now.

BY MR. WEINBERG:

Q Yesterday or the day before, July 9th, when I

Page 1044

asked you the question about whether you threatened to kill Mr. Miscavige, you said, quote, “I didn’t threaten to kill Mr. Miscavige.”

Now, when you told that story to Mr. Rosen at that August 1998 deposition, you said in front of Mr. Miscavige, you know, “Bodies are going to start dropping,” or something like that. Right? I mean, you said that —

A The video speaks for itself, and I don’t contest it. I mean, that’s — what I said is what happened, is what I meant. So you can take it any way you want.

Q Now, when you said a Mini 14 —

THE COURT: A what?

MR. WEINBERG: A Mini 14.

THE COURT: What do we care about this, about these guns?

MR. WEINBERG: About —

THE COURT: About something that went on between him and — way back when.

MR. WEINBERG: No, it’s just the opposite, your Honor. We don’t believe this incident ever happened and that he just made this up for reasons that one can only imagine when he told this story for the first time in August of 1998. But, your Honor, I mean —

Page 1045

BY MR. WEINBERG:

Q Let me ask you. A Mini 14 is an assault rifle, right?

A Correct.

MR. WEINBERG: Mr. Bailiff, could I possibly have our model there?

This is just a replica.

THE COURT: Okay.

MR. WEINBERG: It’s plastic. It’s plastic.

It’s not real.

MR. DANDAR: I just wish — I just wish the St. Pete Times was here with their camera to see this.

I think this is an unbelievable game —

THE COURT: Is that an objection?

MR. DANDAR: — of showmanship. It’s irrelevant.

THE COURT: What is the point?

BY MR. WEINBERG:

Q (Showing) Is that what you’re talking about?

Something like that?

A Similar to, but not quite.

MR. WEINBERG: All right. I’m going to give you this back.

BY MR. WEINBERG:

Q And you still contend that that’s what you pulled

Page 1046

on Mr. Miscavige and the other twelve people that were there. Right?

A Mr. Weinberg, I stand behind the testimony that I’ve given about that incident in the past and anything I’ve said —

Q All right.

A — in this hearing.

Q And then they just let you go right back to your room and put the guns in your room?

A Correct.

Q And they didn’t take them away from you?

A Correct.

Q And they just stayed there for the next, what, five years?

A No. I eventually sold the Mini 14.

MR. WEINBERG: Okay. I don’t have any further questions, your Honor.

THE COURT: All right. Redirect?

MR. DANDAR: Yes.

REDIRECT EXAMINATION

BY MR. DANDAR:

Q Well, we ought to pick it up right where Mr. Weinberg just left off.

(Mr. Weinberg spoke to Mr. Dandar off the record.)

Page 1047

MR. DANDAR: Do you want me to wait?

MR. WEINBERG: That’s fine. I just don’t want to interrupt you.

BY MR. DANDAR:

Q When you had these two real guns loaded as you described when you were being, quote, busted, unquote, Mr. Miscavige came right up to you while you held the two guns in your hands, correct?

A Correct.

Q And did you or he laugh?

A Laugh?

Q Laugh.

A Like laugh?

Q Yes, like laugh.

A No.

Q Did Mr. Miscavige say — indicate to you any fear whatsoever?

A No.

Q And then you turned around and walked back to your room?

A Correct. I believe he may have even followed me there. And we then proceeded to that area of the ship where we saw the pictures with the swimming pool, with the mast, and we had a conversation there.

Q Did you sit around the pool?

Page 1048

A Well, actually, there’s an area inside that’s air-conditioned, has a bar in there, and we actually sat in there and drank cold water and ate fruit.

Q And when Mr. Weinberg — or, you said that Vicki Aznaran, the president of the RTC, told you that this had all been sanctioned by Annie and Pat Broker, did she accompany you to the RPF after that?

A Yes, and other people for sure.

Q Because she took the Annie and Pat Broker side, rather than the David Miscavige power struggle side?

A Correct.

Q You’re going to the RPF, Mr. Prince. Did it have anything to do with any mistakes you made in applying the tech of Scientology?

A Absolutely not.

THE COURT: What does this all have to do with anything I’m hearing?

MR. DANDAR: Just trying to straighten out some misconceptions. My computer just went onto standby. That’s not what I wanted to happen. All right.

BY MR. DANDAR:

Q Now, when you left Scientology, did you just walk out the door in ’92?

A No.

Page 1049

Q How did you leave?

A I had to basically sign a release saying that Scientology has never done anything wrong with me and has no liability for anything that I may be suffering then or could realize in the future and on and on and on —

THE COURT: Wasn’t that release introduced yesterday?

MR. DANDAR: Yes.

THE WITNESS: Yes.

THE COURT: So it said whatever it said.

MR. DANDAR: Well, I wanted to ask him a question about it, and you can see my paralegal is not here, so I’m flying.

BY MR. DANDAR:

Q That release says that you were releasing the Church of Scientology from any and all damages for valuable consideration. There’s two or three paragraphs that say that.

A M’hum (affirmative).

Q What valuable consideration did you receive from the Church of Scientology to sign that release?

MR. WEINBERG: It was asked and answered.

He explained —

THE WITNESS: No, I never answered this.

THE COURT: Just a second.

Page 1050

MR. WEINBERG: Objection, asked and answered

by Mr. Dandar. I didn’t go back into it. It’s beyond the scope. But he already — Mr. Prince already explained how much money he got in return for signing the release on direct.

THE COURT: He did?

MR. WEINBERG: Yes. He said —

THE WITNESS: No, I didn’t.

MR. DANDAR: Shhh.

MR. WEINBERG: I thought he said a thousand plus dollars.

THE COURT: I don’t remember it, so I’m going to allow him to ask it. I don’t remember it.

MR. WEINBERG: Okay. I might have brain drain.

MR. DANDAR: I think you’re talking about some meeting in December of ’94.

MR. WEINBERG: No, I don’t think so.

THE COURT: That was more than a thousand.

THE WITNESS: Twenty-seven.

MR. WEINBERG: I really think he did, but it doesn’t matter.

THE COURT: All right.

BY MR. DANDAR:

Q Well, did you receive anything of consideration

Page 1051

to sign those releases?

A I think I received $2,000.

Q Okay. From whom?

A Good question. Marty just handed me the money.

Q Well, do you have any idea why it’s not mentioned in the release?

A I do not.

THE COURT: Most releases don’t tell you what. Most releases say “ten dollars and other valuable consideration,” don’t they?

MR. DANDAR: Not the ones that I’ve seen, Judge.

THE COURT: Most of the ones I’ve seen do, because I always wondered why they pick ten dollars.

BY MR. DANDAR:

Q Mr. Prince, how is it that Ms. Dana Hanson wanted to — picked you to come into her public business and set up her business to run the Hubbard tech?

MR. WEINBERG: Objection as to competency.

I mean, how is it that this woman —

THE COURT: I’ll sustain that. Quite frankly, I suspect that he’s already testified he was one of the premier experts on the tech. So I mean, I think I can assume that.

MR. DANDAR: Okay. If you can assume that,

Page 1052

I’ll go on.

BY MR. DANDAR:

Q Now, Mr. Prince, you were —

THE COURT: I can’t assume that, but, I mean, that is the testimony that he has put forth.

MR. DANDAR: Okay.

THE COURT: So . . .

BY MR. DANDAR:

Q Mr. Prince, is there any other reason as far as you know — without telling us what other people said — is there any other reason as far as you know as to why Dana  Hanson hired you, other than your expertise on the tech?

A You know, there —

THE COURT: If you don’t know —

A I don’t know the reason.

THE COURT: Remember yesterday, that’s a perfectly valid answer in a court of law, “I don’t know.”

THE WITNESS: Yes. I don’t know of any other reason.

BY MR. DANDAR:

Q Mr. Prince, you wanted to tell Mr. Weinberg a little while ago why the date of March 3, 1987, appears on all three resignation letters which is Defendant’s Exhibit 242. Why does the date appear on there?

Page 1053

A Because after me and Mr. Miscavige had our little chat on the ship area after the gun incident, he said, you know: “We have your undated resignation, but just help us,” you know, “do everything right now.” You know: “We’re talking again. You’re going to take this fall; you’re going to do this. Would you please just do it again and sign these new ones?”

And I said, “Yes, I’ll do it.”

So that’s why these are signed this way.

Q So there exists other resignation letters that are undated?

A Yes, correct.

Q Have you seen those? Have they been produced to you ever?

A Not today.

Q Have you ever seen them before this?

A Sure.

Q Where?

A In the Religious Technology Center in my office, where I signed it. I also saw it in David Miscavige’s office on the day that I was removed from the executive position of Religious Technology Center.

Q Okay. So on the resignation letters that are in evidence, those are the ones you actually signed on March 3rd of 1987?

Page 1054

A Correct.

Q Okay. And you did that because your friend David Miscavige asked you to do it?

A Correct.

Q You weren’t threatened and forced to do it?

A Correct.

Q Were you being a good Scientologist when you signed that?

A Absolutely.

Q All right. Now, Mr. Houghton, who is a defendant in this case, who is in the MLO office, who is the one that came up with the idea of using a syringe to get aspirin and Benadryl —

MR. WEINBERG: Objection, your Honor. First of all, to the form; he’s just testifying.

Secondly, he’s misstating the testimony.

And thirdly, it’s beyond the scope of my cross-examination. I didn’t ask anything about Mr. Houghton.

THE COURT: I suspect he’s going to go back to the CSW that you felt compelled to raise in some fashion.

MR. WEINBERG: That’s fine. But then —

MR. DANDAR: How do you know that?

MR. WEINBERG: — I object to the form. Then I object to the form, as he’s just making a

Page 1055

speech.

THE COURT: Your objection to form is overruled because he’s not. He’s trying to provide some background to see if this witness can answer a question.

BY MR. DANDAR:

Q Mr. Houghton stated on page 71 of his deposition, where the question begins on line 18, as follows.

Question —

THE COURT: You folks back there, I can hear you clear up here, so it must be disconcerting to Mr. Dandar. So keep your voices down. Or you may step out of the room at anytime you need to speak in a loud voice.

Go ahead.

BY MR. DANDAR:

Q Question: “And where did you get the money to buy the prescription?”

Answer: “I got it from Alain Kartuzinski.”

Question: “And why did you go to him to get the money?”

Answer: “I didn’t have the personal funds to pay for it. I didn’t know. I don’t know exactly why I went to Alain. I don’t know what events led me up to getting the money from Alain, but I do know that’s where I got the

Page 1056

money.”

The question is, Is Mr. Kartuzinski, back in November and December of 1995, pursuant to his testimony in this case, part of the MLO?

A No.

Q What was he?

A He was the Senior CS —

THE COURT: I’ll tell counsel what you really don’t have to do is ask this witness that. I would know that.

MR. DANDAR: Sorry.

THE COURT: You can save a lot of this for closing argument.

MR. DANDAR: All right. There’s so much of that.

All right. That takes care of this part.

Let’s put this away.

THE COURT: Is this a witness, by chance, that has just come in?

A SPEAKER: (Shook head negatively.) No, your Honor.

THE COURT: Okay. Welcome then. I didn’t want somebody to come in that was maybe going to testify.

BY MR. DANDAR:

Page 1057

Q All right. Mr. Prince, in your tenure in Clearwater at the Lisa McPherson Trust, did you ever see the Church of Scientology picketing the Lisa McPherson Trust?

A Absolutely. You know — yes. Yes, many times.

Q Would they do it in front of the building, the office?

A They would do it in front of the building. They would do it inside the building. There’s many police reports of Scientologists running and screaming, disrupting activities. Again, my friend — my good friend, Judge Penick, can speak about that. And we watched videos for days. He would be a great witness about that.

Q Okay. All right. Do you know if anyone from the Lisa McPherson Trust hired private investigators to follow Church members around?

A Never.

Q Go to their homes and picket their homes?

A Never.

Q Pass out leaflets in their neighborhood?

A No.

Q Now, even though you left the Church of Scientology, have you ever divulged the confidential PC folders of the people that you either audited or were a case supervisor over?

Page 1058

A No, I have not, never.

Q Now, Mr. Weinberg went back and talked to you about your deposition that you gave on behalf of Religious Technology Center, where their former attorney, Joseph Yanny, was suing them or RTC was suing him. I’m not sure.

Do you remember which way that was?

A I don’t remember which way it was going.

Q Okay. But anyway, that was back in 1989, while you were still in your demoted status?

A You know, that had been some years past that, yes.

Q Okay. And when you met — you said you met with Mr. Earle Cooley, the attorney for RTC, before your deposition commenced?

A Correct.

Q Do you also recall meeting with a person by the name of Lynn Farney?

A Yes.

Q And the reason why I know this is it’s in your deposition copy that Mr. Weinberg gave me. Before today — in fact, as you sit here today, have you ever seen a copy of that deposition?

A No.

Q That deposition is dated September 11th of 1989.

Mr. Weinberg questioned you in your deposition in this case

Page 1059

that was taken in ’99, ten years after the RTC deposition.

Do you remember him questioning you about that deposition?

A Yes.

Q Did he give you a copy of that deposition back then?

A No.

Q Now, Mr. Farney, do you know — back at the time that he and Mr. Cooley, the attorney, met with you before the RTC deposition, do you know what position he had?

A Mr. Farney had been on a Rehabilitation Project Force with myself. Mr. Lynn Farney is a person that I used to create and establish the Office of Special Affairs at International. I had —

MR. WEINBERG: Your Honor, he just asked him what position he was in at the time that he supposedly had this meeting with him. Now we’re getting the whole history. Can he just answer the question, please?

THE COURT: Sustained.

BY MR. DANDAR:

Q At the time of his deposition, what was his position?

A Mr. Farney was working in OSA International. It was my belief that Mr. Farney was working in OSA International.

Page 1060

THE COURT: I’m sorry, I must have missed the beginning of this. What did you initially ask him? If Mr. Farney was —

MR. DANDAR: Part of the meeting preparing Mr. Prince for deposition in the RTC case.

THE COURT: Okay.

MR. DANDAR: RTC slash Yanny, Y-a-n-n-e-y.

THE WITNESS: Y-a-n-n-y.

MR. DANDAR: Okay. Thank you.

BY MR. DANDAR:

Q Mr. Farney is someone that you worked with in establishing the Office of Special Affairs?

A Correct.

Q Do you remember what year that was?

A ’84. ’83, ’84.

Q Okay. And are you aware that Mr. Farney is also the person who met with all the staff members after Lisa McPherson’s death?

MR. WEINBERG: Objection, your Honor —

A No, I was not aware of that.

MR. WEINBERG: Objection to form. He’s testifying.

THE COURT: True. Sustained. However, he wasn’t aware of it, so —

MR. WEINBERG: I understand. It’s just —

Page 1061

THE COURT: Remember, questions aren’t evidence, only the answers.

BY MR. DANDAR:

Q Now, in that meeting before your deposition, who instructed you to avoid telling the truth in your deposition?

A Mr. Rathbun and Mr. Cooley.

THE COURT: Is it Rathburn or Rathbun?

MR. WEINBERG: Bun.

THE COURT: Bun.

THE WITNESS: Rathbun.

THE COURT: B-u-n.

MR. WEINBERG: Right.

MR. DANDAR: And it’s Ms. Brooks, not Mrs. Brooks. Never mind.

MR. WEINBERG: R-a-t-h-b-u-n.

MR. DANDAR: I’m sorry. All right.

BY MR. DANDAR:

Q Did it surprise you when Mr. Cooley and Mr. Rathbun were giving you instructions on not telling the truth?

A No, it did not.

Q And why is that?

A Because it’s expected.

Q Why is that?

Page 1062

A Because you have to protect Scientology. You have to protect — you know, it’s like placing Scientology and Scientologists at risk being a crime. You have — you are expected as a member of the Church of Scientology to do and say whatever you have to to preserve Scientology, to preserve its leaders.

Q Is that a written policy?

A Probably.

Q And Mr. Yanny —

MR. WEINBERG: Well, your Honor, could we just identify that policy if that’s a written policy?

He said “probably.”

THE COURT: I assume probably he couldn’t tell us —

MR. WEINBERG: All right.

THE COURT: — or he would have given us a number.

MR. WEINBERG: Okay.

BY MR. DANDAR:

Q Can you tell us — without giving a number, but can you tell us generally what policy you’re talking about?

A As I sit here today without the materials, I could not, but I could certainly submit a declaration on it at a later point.

Q All right. What is an acceptable truth?

Page 1063

MR. WEINBERG: Objection, your Honor. I didn’t ask him about —

THE COURT: Right.

MR. WEINBERG: Beyond the scope.

THE COURT: I think he already — didn’t you already ask that on direct?

MR. DANDAR: I did, I did.

BY MR. DANDAR:

Q Now, you said —

THE COURT: Didn’t you also testify about the greatest good for the greatest number?

THE WITNESS: Yes, your Honor, I did.

THE COURT: So we’ve heard, I think, a lot of that.

MR. DANDAR: You have, I’m sorry.

BY MR. DANDAR:

Q Were you working for RTC at the time of that deposition in 1989?

A No, I was not.

Q Well, Mr. Yanny was the former president — or, attorney for RTC, correct?

A Correct.

Q Why was he suing RTC? What was that litigation about?

A You know, what I recall about that is that when

Page 1064

Joseph Yanny was hired, he was hired by myself and Ms. Aznaran as the lead counsel for the Religious Technology Center. When he was hired —

THE COURT: Who was? I’m sorry.

THE WITNESS: Mr. Joseph Yanny, the attorney that was hired.

THE COURT: Mr. Yanny was an attorney?

MR. DANDAR: Yes.

THE WITNESS: Yes.

THE COURT: Oh, okay.

MR. DANDAR: In fact, Judge —

Did we mark that as an exhibit at deposition? I’d like to have that marked as an exhibit since it was used. But Mr. Yanny is the one that actually took over questioning of Mr. Prince on the pertinent pages that Mr. Weinberg pointed out, although Mr. Yanny had his own attorney there. He took it over because Mr. Yanny — like me and Mr. Lirot. I have all this stuff in my head and I know what’s going on.

So the transcript — and I’d like to make that — and I will make it an exhibit if it’s not — shows that Mr. Yanny took over the questioning of Mr. Prince in that 1989 deposition.

THE COURT: Normally we don’t use as an

Page 1065

exhibit something that is just strictly used for impeachment purposes.

MR. WEINBERG: That’s why I didn’t do it.

THE COURT: Right.

MR. DANDAR: All right.

THE COURT: But if you want to make it an exhibit, why, that’s your — you can try to do that.

MR. DANDAR: All right.

BY MR. DANDAR:

Q Mr. Prince, you stated to Mr. Weinberg —

MR. WEINBERG: Your Honor, let me object. I mean, let me intercede for just a second. Just so it’s clear, Mr. Yanny was the party, was the plaintiff. And I think that was clear, but I’m not sure if it was.

THE COURT: I got it.

MR. WEINBERG: RTC was the defendant.

THE COURT: I didn’t realize Mr. Yanny was a lawyer. That’s why I —

MR. WEINBERG: Yes.

BY MR. DANDAR:

Q So you hired Mr. Yanny to be the attorney for RTC?

A Mr. Yanny was — yes, I did, to be the lead counsel for RTC. RTC had other attorneys, but Mr. Yanny

Page 1066

was hired to be the lead counsel for the Religious Technology Center at that time.

Q And is it for any particular case?

MR. WEINBERG: Object. Your Honor, I believe this is all beyond the scope. All I did was impeach him on his false testimony, which he admitted was false in that deposition. Now to get to the history of that lawsuit or Joseph Yanny I think is beyond the scope and not relevant to this proceeding either.

THE COURT: I would tend to agree with that, Counsel. You know, if you think it’s relevant and there’s something you can tell me about this, I’ll listen to you. But it’s just another one of these lawsuits, many, many lawsuits.

MR. DANDAR: Okay.

BY MR. WEINBERG:

Q Mr. Prince, do you know whether or not any of the allegations made between RTC and Joseph Yanny had anything to do with Mr. Yanny perjuring himself or suborning perjury?

THE COURT: That would be relevant.

A I don’t know. I don’t remember it.

BY MR. DANDAR:

Q You don’t?

Page 1067

A No.

Q All right. Now, did Mr. Yanny have anything to do with any of the Wollersheim litigation?

A Yes, he did. The Wollersheim —

MR. WEINBERG: Objection. That was a yes or no question, and to — if we get into the details, I’m going to object because it’s beyond the scope and it’s not relevant.

THE COURT: That would be true.

MR. DANDAR: Except he brought up the question, Mr. Weinberg did, about Mr. Prince’s testimony of destruction of the PC folders.

THE COURT: Oh, right.

MR. WEINBERG: And I impeached him on it with the Yanny deposition. He admitted it. He said he lied in the deposition. That’s all I used it for.

THE COURT: Well, I think at this point we’ll see what his question is.

MR. WEINBERG: Okay.

BY MR. DANDAR:

Q Was Mr. Yanny involved in representing RTC against Mr. Wollersheim?

A Yes.

Q And was Mr. Yanny involved when Mr. Wollersheim’s PC folders were destroyed?

Page 1068

A He had no personal knowledge of it.

Q Was any attorney for Scientology involved in that in any degree?

A The only one that I know of that would have had information about that would have been Mr. Earle Cooley.

MR. WEINBERG: Objection, “would have had.”

I mean, is he saying he did have?

THE WITNESS: I can explain if you would like me to.

BY MR. DANDAR:

Q Go ahead. Explain it.

A The decision to do this was made in a conference room at Author Services with myself, Vicki Asnaran, Mr. Rathbun was there, Mr. Cooley was there, and this all has to do with —

THE COURT: Mr. Miscavige was there?

THE WITNESS: Yes. Yes, your Honor. And this had —

THE COURT: Who else was there?

THE WITNESS: Mr. Miscavige, Mr. Lyman Spurlock I believe was there, myself, Vicki Aznaran, Mr. Cooley, Marty Rathbun.

And we were sitting in the conference room discussing it. Mr. Starkey may have been there, Mr. Norman Starkey.

THE COURT: This is when you discussed

Page 1069

destruction of these records?

THE WITNESS: Yes, your Honor.

THE COURT: So Mr. Cooley would have heard this? Is that what you’re saying?

THE WITNESS: Yes, your Honor.

THE COURT: All right.

BY MR. DANDAR:

Q And whose idea was it to destroy the records?

A As best as I can recall, it was Ms. Aznaran that said, “We have to destroy the folders.” Mr. Miscavige and everyone else agreed, so that’s what was done.

Q And did the folders contain information that would hurt the Church of Scientology?

A Yes, it — apparently, you know, that’s what they felt.

Q Okay.

THE COURT: That’s what you felt too. Right? You were there.

THE WITNESS: Well, I had actually never seen Mr. Wollersheim’s Preclear folders. I had never audited him.

THE COURT: But you didn’t have a problem destroying it.

THE WITNESS: Correct.

BY MR. DANDAR:

Page 1070

Q And why didn’t you have a problem destroying his records?

A Because, like every good Scientologist, you have to protect Scientology. You have to protect the integrity of Scientology, its leadership, so that it would carry on because it’s the greatest good. Scientologists believe that Scientology is man’s only answer to freedom.

Q Now, did you have to understand — I’m sorry.

Did I interrupt you?

A No, go ahead.

Q Did you understand at any point in time there was actually a court order to produce the entire PC folders of Mr. Wollersheim after the Church only produced a little bit of it?

MR. WEINBERG: Objection, relevancy. He’s already — and beyond the scope and all that —

THE COURT: Sustained.

MR. WEINBERG: — other stuff.

THE COURT: I’m sustaining it as beyond the scope.

MR. DANDAR: Okay. Well —

THE COURT: I mean, frankly, I think we’ve already been over this.

MR. WEINBERG: I do too. That’s why I objected.

Page 1071

THE COURT: I don’t need to hear it several times.

BY MR. DANDAR:

Q Well, Mr. Prince —

MR. WEINBERG: Just so it’s clear, our position is no PC folders were destroyed.

THE COURT: I understand that. I understand that too.

MR. WEINBERG: All right.

BY MR. DANDAR:

Q Did you understand that Mr. Wollersheim was — did allege that his PC folders were destroyed?

THE COURT: I mean, what are we using —

MR. DANDAR: I’m sorry.

BY MR. DANDAR:

Q Let me ask you this question. This is what I’m leading up to. Mr. Prince, you said that you lied in your deposition in the Yanny vs. RTC case?

A Correct.

Q And you said you sat in this meeting where Mr. Miscavige and Mr. Cooley was at this meeting where a decision was made to destroy evidence of PC folders of Mr. Wollersheim?

A Correct.

Q And Mr. Aznaran is the one who actually went out

Page 1072

to the paper mill and had it pulped?

A Correct.

Q And you did that because you were being loyal to the Church of Scientology?

A Correct.

MR. WEINBERG: Objection.

THE COURT: It’s irrelevant. Besides that, you’re doing the testimony, and he’s just saying yes.

You need to ask him, Why did you do that?

MR. DANDAR: And he’s answered that.

THE COURT: Yes, he has.

MR. DANDAR: I want to skip — the question is this.

BY MR. DANDAR:

Q Mr. Prince, are you testifying for the Estate of Lisa McPherson or for me because you’re loyal to the Estate, to the cause, or to Ken Dandar?

A No. I’m testifying because it’s the right thing to do. It’s very difficult to divine truth from — I’m not trying to be vicious here, but it’s very difficult to divine truth from Scientology. People that are currently working on this case, they’ll do anything they can to obstruct it. They’ll do anything they can to make sure —

MR. WEINBERG: Objection, your Honor.

A — that you can’t find out the truth, and —

Page 1073

MR. WEINBERG: He’s going on and on and on.

A — that’s why I do that.

MR. WEINBERG: Objection. He was asked a leading question, Are you testifying because you were loyal to the —

THE COURT: Actually, that wasn’t leading because his answer was no.

MR. WEINBERG: Well, I understand he said no. Now he’s going off into some big explanation.

THE COURT: That’s true. If you want to ask him why are you testifying, then he can go on with his explanation.

BY MR. DANDAR:

Q All right. Why are you testifying in this hearing?

A To give justice and equity a chance — a fair chance, to give all the information, to be able to give the full view of what’s going on. You know, I think it would be fair — it’s only fair that the whole picture is seen.

Q Mr. Prince, Mr. Minton and Stacy Brooks offered to continue to pay you $5,000 a month if you, quote, went down the road with them, close quote, and lied. Isn’t that true?

A I was promised a lot more than that.

Q What else were you promised to lie?

Page 1074

A Retirement.

Q Did they go into any specific details?

A Financial security that will retire me for the rest of my life.

Q Any dollar figures discussed?

A A quarter of a million. That’s normally what Mr. Minton does when he gives people money.

Q Would a quarter of a million be enough?

A For me to retire for the rest of my life? No. I think I’m too young. I would need more. I would have to need more.

Q And is there any doubt in your mind that Mr. Minton and Ms. Brooks proposed this to you, to lie, that they knew that they wanted you to lie?

A Absolutely. They knew they were lying. They knew we all had to lie. I mean, this is the only thing that they felt they could do to end it, disengage, to be done with it. I mean, there’s only so long you can wrestle with this demon.

Q Okay.

THE COURT: And you don’t need, Mr. Weinberg, when it’s your turn, to get up and respond to that. It’s for money, he testified. So I understand where both of you all are coming from here.

MR. WEINBERG: I wasn’t even going to make

Page 1075

that point.

MR. DANDAR: Well —

MR. WEINBERG: One short point on that.

THE COURT: Well, I saw you getting — fuming, and I was thinking, “Oh, dear.”

MR. WEINBERG: I was thinking about all the calls I have to return.

BY MR. DANDAR:

Q Mr. Prince, when you and I met at the mall with Mr. Lirot, Mr. Haverty, and your fiance and you wrote out what’s attached to your declaration, the handwritten note of April 14th, 2002, did I promise you money at all?

A None at all. Money wasn’t even discussed.

Q Did I pay you any money for writing that note?

A Absolutely not.

Q Did I promise to pay you money in the future if you wrote that note?

A No, you did not.

Q And isn’t it true or — what’s the reason why I gave you a retainer of 4,000?

A Because my time is as valuable as anyone else’s.

Q And you’ve been working on this — this hearing preparing documents for me?

A Correct.

THE COURT: You are back now as Mr. Dandar’s

Page 1076

consultant? Is that it?

THE WITNESS: Yes, your Honor.

THE COURT: And expert?

THE WITNESS: Yes, your Honor.

THE COURT: Okay.

BY MR. DANDAR:

Q I certainly haven’t promised you any retirement money, have I?

A No, you have not.

MR. WEINBERG: Your Honor, could we have a direct question instead of a leading question?

THE COURT: Sustained.

BY MR. DANDAR:

Q Now, Mr. Prince, when you were in LMT, did you know that the — and if I asked this, I’ll — I don’t remember asking this — do you know whether or not the LMT received an anonymous $300,000 from Clambake?

MR. WEINBERG: Your Honor, this is beyond the scope. I didn’t ask about it.

THE COURT: It’s beyond the scope. The truth of the matter is, rather than recall, if this is an area that he thinks is important, I’m going to let him get into it.

MR. WEINBERG: All right.

BY MR. DANDAR:

Page 1077

Q Did you know that they got money from Clambake?

A The only — you know, I found out about that —

MR. WEINBERG: Your Honor, could he just answer the question?

THE WITNESS: I’m trying to answer the question.

THE COURT: Counsel, just let it go, would you?

MR. WEINBERG: Okay.

THE COURT: We need to get through this.

MR. WEINBERG: All right.

A I found out about that whole deal with money coming from wherever it came from when Teresa Summers wrote her resignation letter to Stacy Brooks and I read it, where that was mentioned.

THE COURT: So the truth — you did not know about the 300,000, who it came from. Mr. Minton never discussed this with you —

THE WITNESS: Correct, correct.

THE COURT: — is that right?

THE WITNESS: That’s right.

BY MR. DANDAR:

Q And did you ever — while you were with LMT, did you ever hear the phrase “the fat man”?

A No.

Page 1078

Q Okay. Now, with this Key West fishing trip in the summer of 1999, as best I can phrase that, you had already been working for me for a few months, correct?

A Correct.

Q Now, the other people that showed up down in Key West, like Mr. Ford Greene, is that someone that you had ever seen me with before that fishing trip?

A No.

Q Did I go on the fishing trip?

A No, you did not.

Q Did I stay with you and Mr. Leipold and Mr. Greene and Mr. Haverty?

A No.

Q Oh, in that release that’s in evidence, Defendant’s Exhibit No. 231, that release language says that you are conceding or admitting that you were not harmed by the Church of Scientology. Do you have any reason to know why that was put in your release?

A Yes. That was put in the release for the same reason that Scientologists are asked to lie. It’s to protect Scientology at all costs.

Q Now, Mr. Weinberg asked you on cross if you had any personal knowledge of whether or not David Miscavige was physically at the Fort Harrison Hotel while Lisa McPherson was there in November and December of ’95. Do

Page 1079

you remember that?

A Yes.

Q Mr. Prince, would it matter where David Miscavige was physically located as to whether or not he would have knowledge and was personally involved with the care and treatment of Lisa McPherson?

A In my opinion, no.

Q Why not?

A Well, with the state of technology today, it makes no difference whatsoever. But also, based on past experience that I have had with Mr. Miscavige during the Wollersheim case, we were really just a short distance away, and while the hearings were going on, people were calling and reporting all the time. There’s no problem of getting an on-the-ground report immediately in any place in Scientology for Mr. Miscavige.

THE COURT: It is your opinion — I’m sure you’ve probably testified to this, but I can’t remember. I’ve heard from several people. It is your opinion that Mr. Miscavige was kept advised at all times of Lisa McPherson and her situation.

THE WITNESS: Your Honor, it is my opinion that once the situation where she got out of the car and was admitted to the hospital and it became a matter for Office of Special Affairs’ concern, then he

Page 1080

was — he knew about it.

THE COURT: Was it your opinion while she was admittedly PTS-III, undergoing introspection rundown, he would be kept advised of this and the progress?

THE WITNESS: Yes, your Honor.

THE COURT: Or lack of progress?

THE WITNESS: Yes, your Honor.

BY MR. DANDAR:

Q Now, Mr. Weinberg asked you to —

THE COURT: And that opinion comes from your having been around him when he was head of RTC?

THE WITNESS: Yes, your Honor.

THE COURT: Or ASI?

THE WITNESS: Both.

THE COURT: Okay.

THE WITNESS: Yes, your Honor.

THE COURT: When Mr. Hubbard was alive and was the head ecclesiastical leader of the Church, would he have been kept advised of PTS Type III introspection rundown?

THE WITNESS: He would have taken it over and dealt with it himself.

THE COURT: My question is, Would he have been kept advised?

Page 1081

THE WITNESS: Yes, your Honor.

THE COURT: Wherever it was being conducted?

THE WITNESS: Well, in all honesty, your Honor, I have to answer this and say that towards the end of Mr. Hubbard’s life —

THE COURT: Forget when folks say he was mad. I understood that.

THE WITNESS: Oh, okay.

THE COURT: When he was in charge of the Church and head ecclesiastical leader, would he have been kept advised of that type of situation, with either a public or staff member of Scientology?

THE WITNESS: Absolutely, your Honor.

THE COURT: Is there any question in your mind whatsoever about that?

THE WITNESS: None whatsoever. He would have taken it over and did it himself.

BY MR. DANDAR:

Q Now, Mr. Weinberg asked you to admit that there’s no written policy in the Church of Scientology to go out and kill somebody, and you said that’s true. Do you recall that?

THE COURT: I’m sorry, what’s that?

BY MR. DANDAR:

Q There’s no written policy in the Church of

Page 1082

Scientology to go and kill somebody.

A Well, there’s one thing that came into evidence here. It was the SP declare of — I think I read down the list. It was maybe eight people. And in that —

THE COURT: I’m sorry, what came into evidence? The, what, SP?

THE WITNESS: Yes, your Honor. It was an SP declare. It was a single sheet of a paper by L. Ron Hubbard declaring — I think it was eight people suppressive persons and declared them fair game. And then on one of the lines, L. Ron Hubbard gave instructions whereby he said any Sea Org member encountering any of the above persons is to use process R245 on them.
Process R245 —

MR. WEINBERG: Your Honor —

THE WITNESS: — is a process —

MR. WEINBERG: — your Honor, objection.

This was the document that was not admitted that Mr. Prince is now testifying about. It was the phony document.

MR. DANDAR: Phony —

MR. WEINBERG: And this is way beyond the scope of my cross-examination.

THE COURT: It’s not beyond the scope because you made it clear there’s absolutely no basis

Page 1083

upon which to make the assertions that he has. Now, if he has a basis, he would be permitted to testify. So it’s not beyond the scope.

MR. WEINBERG: This document that he’s talking about is not in evidence.

THE COURT: All right. If that’s true, then he can’t refer to that document.

MR. DANDAR: Okay. I thought it was.

THE COURT: Well, go find it. Let’s take a break and we’ll see whether it is or not. I couldn’t begin to tell you what documents are in and what ones aren’t. But the clerk would have them, whether they were admitted or not.

MR. DANDAR: Right. Before we take a break, let me ask one more question.

THE COURT: All right.

BY MR. DANDAR:

Q In your tenure at the Church of Scientology, did you ever see anything in writing called R245?

A Yes. It actually comes from a tape lecture. And I forget which tape lecture it was specifically, but it talks about R245 being an effective exteriorization process, whereby the person takes a .45, puts it to his head — a loaded .45, puts it to his head, pulls the trigger, and blows their brains out. That releases the

Page 1084

spirit from the body.

Q Is that a lecture by — who?

A L. Ron Hubbard.

MR. DANDAR: All right. Let’s take our break and let me find that.

THE COURT: All right. It’s 25 after.

We’ll take 15 minutes.

(A break was taken at 10:25 a.m. until approximately 10:55 a.m.)

THE COURT: All right. Where is Mr. Prince?

THE WITNESS: I’m here, your Honor.

THE COURT: You may resume the stand.

You all may be seated.

And, Mr. Dandar, did you find whether that was in or out of evidence?

MR. DANDAR: It was out. And for the clerk’s benefit, I still have it, so make sure I give it back to her. Somewhere. It’s on my table.

Here it is. I have this tendency of walking away with exhibits.

THE COURT: Are we having a light show?

MR. DANDAR: They had a TV or a signal that keeps coming in. We started to watch a soap opera there for a minute.

THE COURT: I see.

Page 1085

MR. DANDAR: But I have a videotape of a Boston picket. And the only reason I want to put this on is because Mr. Weinberg used Mr. Prince picketing in his cross-examination. But this shows what happened before the clip-it, the snippet, that Mr. Weinberg showed.

MR. WEINBERG: Just so it’s clear, this is a different day than the picket that I showed. But he can play it.

THE COURT: All right.

MR. WEINBERG: Ken (motioning to move).

THE WITNESS: It has no audio.

MR. DANDAR: Let’s stop it. Because I did that too.

MR. WEINBERG: Do you know the date of this?

MR. DANDAR: It’s in the beginning of the tape. Just a minute, and I’ll get everything here.

(The tape of the picket was played, entitled “Boston, September 10th, 1998, unedited.”

As noted below, the tape was not reportable and is not transcribed herein.)

THE COURT: Isn’t that pleasant.

MR. DANDAR: Judge, I just put that on to show you it’s not a one-way street.

THE COURT: I understand.

Page 1086

MR. DANDAR: Now, Mr. Prince —

THE COURT: Madam Court Reporter?

THE REPORTER: Yes, ma’am.

THE COURT: If you didn’t get all that, you can put in the record — because this tape can be put in — that it was just a lot of shouting and carrying on and that you did the best you could.

THE REPORTER: Thank you very much, your Honor.

MR. WEINBERG: Are you marking that as an exhibit?

THE COURT: Make a copy of it for the record, because there’s no way the court reporter could be expected to get all that. Talk about your proverbial everybody talking at once.

MR. DANDAR: That would be impossible to write down.

THE COURT: Yes, it would.

So I’m sure you did the best you could, but as far as I’m concerned, it could be basically said you must see the tape because it’s everybody talking at once and loud and obnoxious.

MR. DANDAR: Since Mr. Lirot is bringing in our next witness, I’m going to mark it as 135A because he has all of his exhibits premarked —

Page 1087

THE COURT: All right.

MR. DANDAR: — starting with 136. So the videotape of Boston, September 10th, ’98, is Plaintiff’s 135A.

MR. WEINBERG: Plaintiff’s 135A.

MR. DANDAR: Right.

MR. WEINBERG: It was 9/10?

THE COURT: 9/10/98.

MR. WEINBERG: And you received that into evidence, your Honor?

THE COURT: Yes.

MR. WEINBERG: Thank you.

BY MR. DANDAR:

Q Mr. Prince, the people that were engaging you and Mr. Minton in that picket, where were they from?

A Office of Special Affairs, Boston.

Q Now, Mr. Prince, you talked about the taped lecture series of Mr. Hubbard where he describes R245?

A Correct.

Q And have you seen that?

A I have seen that.

Q Or heard it, whatever it is. I don’t know what it is.

A Yes, I heard it before, read the transcript.

MR. DANDAR: Judge, I have a TV — which I

Page 1088

believe is a TV interview of Mr. Hubbard where he talks about this policy that he wrote called R245.

MR. LIEBERMAN: Objection, your Honor. It’s not a policy. It’s a mischaracterization of it.

Again, it mischaracterizes the policy of the Church of Scientology.

THE COURT: Well, if this is a lecture of Mr. Hubbard, why, what could be objectionable with Mr. Hubbard —

MR. LIEBERMAN: It’s the characterization of it as a policy.

THE COURT: All right. That will be sustained.

MR. LIEBERMAN: The characterization of what actually was —

MR. DANDAR: I apparently misspoke, I’m sorry. I’ll have Mr. Prince talk about what it is.

As soon as we identify — this is, I believe, Mr. Hubbard speaking, so . . .

THE COURT: What number is it?

MR. DANDAR: Exhibit number? This will be 135B.

THE COURT: Okay.

MR. WEINBERG: Could we just ask the relevance of playing a 1950 speech of L. Ron Hubbard?

Page 1089

MR. DANDAR: If he’s objecting because of the age of the speech, I think it’s quite clear that the age of any document Mr. Hubbard wrote or spoke about has no significance —

MR. WEINBERG: Well —

MR. DANDAR: — in the Church of Scientology. Everything remains the same.

THE COURT: What is it, though? I don’t understand. Is this a —

MR. WEINBERG: This is redirect.

MR. DANDAR: He brought this up on cross.

THE COURT: What did he bring up?

MR. DANDAR: Mr. Weinberg brought up on cross that there’s no written policy of the Church of Scientology about killing somebody.

THE COURT: Okay.

MR. DANDAR: He objected to that Flag order because it wasn’t properly authenticated. That’s fine. It spoke of R245. There’s another publication we’re going to bring in that is current and published by the Church of Scientology that does mention R245.

MR. WEINBERG: What I had asked, just so it’s clear, was there any policy to kill somebody, and he said no. But secondly —

THE COURT: I’m going to allow it, Counsel.

Page 1090

Overruled.

I hope this isn’t terribly long. Is it?

MR. DANDAR: It is. I think it’s 35 minutes.

THE COURT: I’m not going to listen to 35 minutes.

MR. DANDAR: All right. Maybe — what I would like to do over lunch is go down right to the specific area.

MR. LIEBERMAN: Well, your Honor, you see, that’s the problem. I understand your Honor doesn’t want to listen to 35 minutes. You shouldn’t have to listen to 35 minutes. But you cannot take a speech and say this is a religious policy and take two minutes out of an entire lecture about religious matters and then play it and pretend that that gives you any idea as to the context of what’s going on.

THE COURT: All right. I’ll listen to the whole thing.

MR. LIEBERMAN: I don’t want — I’m not urging you.

MR. DANDAR: Let’s do this after lunch. Is that all right?

THE COURT: All right. Let’s do it about 4 o’clock.

Page 1091

MR. DANDAR: Okay.

THE COURT: All right. We’ll do it after lunch.

MR. DANDAR: I hope Mr. Prince is still not on the stand by 4 o’clock. In fact, I think he should be over quite soon.

BY MR. DANDAR:

Q Now, talking about policies of the Church of Scientology, Mr. Prince, are you familiar with the additional steps in evidence, the policy of additional steps of an introspection rundown, where Mr. Hubbard writes that the introspection rundown can be deadly?

A Yes.

Q Are you familiar with search and discovery, the PSSSP course, where it states that some psychotics cannot be kept alive?

A Yes, I am.

Q How do you audit someone who is unconscious?

A Well, I can tell you a process. If a person is laying unconscious on a bed, you simply give them a command, “Give me that hand,” and then you actually execute that command by taking a person’s hand and putting it in your hand. And once you do that, you say, “Thank you.”

And then you put the hand back and say, “Give me that hand.” And you do that repeatedly, over and over.

Page 1092

Q Now, Mr. Weinberg asked you about the Teresita introspection rundown that you participated in — is it Soboba?

A Soboba Indian Reservation.

Q Okay. Is that — was your experience in that introspection rundown similar to what Lisa McPherson experienced?

A I don’t think so.

Q What were the differences?

MR. WEINBERG: Excuse me, your Honor. “What were the differences,” I mean, he doesn’t have any personal knowledge —

THE COURT: No, but I assume as consultant he read all of the depositions of those who did. So I suspect he can testify about that.

MR. WEINBERG: Okay.

THE COURT: Did you read the — did you read the depositions or the statements —

THE WITNESS: Yes, your Honor.

THE COURT: — from the persons who were attending Lisa McPherson?

THE WITNESS: Yes, and I read the notes as well.

MR. WEINBERG: On direct, he already did that. I didn’t ask him to — not — to do anything

Page 1093

different on cross, and now Mr. Dandar is asking him to do the same thing that he did on direct.

THE COURT: I don’t recall this on direct.

Overruled.

MR. WEINBERG: All right.

BY MR. DANDAR:

Q Go ahead. What is the differences? What are the differences?

A The difference being number one that Teresita was a staff member. Mrs. McPherson was a paying Scientology public. Teresita had no intentions of leaving staff or departing from Scientology. Lisa McPherson did.

Beyond that — and, again, there’s so many records. I mean, it’s stated that she was on the introspection rundown. Yet there is no program, there is no evidence, there’s no invoice, there’s no running form, there’s none of those things in evidence that would be in evidence if a person was on an introspection rundown in fact.

And — but as far as the manifestations of wanting to get out of the room that she was locked in, there’s certainly similarities there. But those are some of the differences.

Q When — to your knowledge, your personal knowledge with Teresita, did people talk to Teresita?

Page 1094

A Yes.

Q And — during the entire introspection rundown?

A I mean, no one held long conversations with her. But just basic civility. You know, you walk in a room and you see a person, you say hi. The person says something to you. You either acknowledge or answer the questions. You know, simple things like that.

Q Did you have to assist in any way or did you see others assist in any way Teresita in drinking water?

A Yes.

Q How did they do it?

A Sit down next to her with a glass of water with ice and a straw and sometimes they put — the girls would do it, and I would do it, you know, put your arm around her. Teresita seemed to like that. She was very childlike at times. And hold the straw to her face, and she would drink through the straw. When she would stop, you know, you would tell her: “You just need to drink a little bit more water because it’s good for you. It’s hot out here; it’s the desert. Be a good girl. Drink a little bit more.” And she would drink it.

Q And did you ever see her do that, as time went on in her introspection rundown, where she wouldn’t drink water on her own?

A Yes. But I certainly wouldn’t have any way of

Page 1095

making her drink water if she didn’t want to drink it.

Q Okay. What I’m saying is, did you ever observe her just pick up, without being coached or coaxed, pick up a glass of water or bottled water and just drink it by herself?

A Oh, sure.

Q Was that in the beginning, the middle, or the end, or throughout?

A You know, with Teresita, I don’t think the water was so much an issue because it — at a point in time she wasn’t aware of it, but as she went through introspection and we sat with her and made her drink it, that she came to understand that it was part of the routine, that she had to drink X amount of water every day or, you know, during certain time periods.

Q You said Mr. Hubbard’s doctor, Dr. Denk, came to see her?

A Yes, he did.

Q How many times?

A Once that I know of.

Q And he administered something to her?

A Yes, he did.

Q All right. After he left, did he leave any medicine behind or something for others to administer to her?

Page 1096

A Yes. There were some pills.

Q Do you know what they were?

A I do not. I do not recall what they were.

Q All right.

A But I know they were to make her sleep.

Q Okay. Did he leave instructions with people how often to give that?

A Yes, he did. I think we were to break the tablets in half, to not give her a strong dose, or even lesser amounts and crush it up and mix it in with a protein drink.

Q Do you know of any licensed medical doctor who came in to see Lisa McPherson?

A No, I do not.

Q Do you know if Teresita received a medical examination by a licensed medical doctor before or during — outside of Dr. Denk? Well, let me start — that was a terrible question.

In addition to giving Teresita prescription drugs, did Dr. Denk examine her?

A Yes, he did. He looked in her eyes, looked in her ears, checked her mouth, you know, pressed certain areas of her body to see if it was sore or she would react, check their feet, check their arms, check their back, check their neck.

Page 1097

Q Okay. Was anything else done as far as the medical exam outside of what you just said?

A Not — no, not — I don’t think so.

Q Okay. Now, you mentioned on cross-examination meeting with me and preparing that handwritten note that’s dated April 14th, 2002, the past year, a typed affidavit.

Why did you prepare a handwritten note?

A I felt it was important to preserve in some fashion what I had discussed with you, what had been going on. And since I had plans to investigate it further, in case something happened to me when I went off to see those people that at least there would have been something left written by me that would have indicated something was going on.

Q Now, the day that you prepared that written statement, that was the night you were supposed to meet with Mr. Rinder?

A Correct.

Q Did I assist you at all in preparing that written statement?

A No, you did not.

Q In fact, you purposely went away from me —

MR. WEINBERG: Objection as to the form, your Honor.

THE COURT: Sustained.

Page 1098

BY MR. DANDAR:

Q All right. How close were you to me when you wrote that document?

A I separated myself and went to a different table and did the document.

Q Okay. Now, in that affidavit that you prepared — you typed that all by yourself, correct?

A Correct.

THE COURT: Which affidavit are we talking about?

MR. DANDAR: The —

THE COURT: The last one?

MR. DANDAR: The last one, April 2002, that was actually executed —

THE WITNESS: May 1st.

MR. DANDAR: — May 1st.

THE COURT: What was the date of the last visit with Mr. Minton, Ms. Brooks? What was the date?

MR. DANDAR: What was the date? Was it that Sunday?

THE WITNESS: Yes, it was a Sunday.

THE COURT: The 14th.

MR. DANDAR: The 14th of April.

BY MR. DANDAR:

Q Now, in that affidavit, Mr. Weinberg pointed out

Page 1099

on cross that you put in the wrong date. You put in August of 2001, and Mr. Minton told you on the top of the garage about his last check to me of 500,000?

A Correct.

Q As you sit here today, what are you positive about in reference to that conversation with Mr. Minton?

A Everything that I’ve testified to.

Q When did it take place?

A It took place — you know, I can’t say the exact month, you know. I’m sorry, I wish I could do better with that. But I know it was very warm. I know that specifically it was a $500,000 check.

Q If I told you to assume that Mr. Minton only delivered to me one check for $500,000, was this conversation with Mr. Minton before or after he delivered the check?

A After.

Q And do you have any idea if it was before or after he gave a deposition in May of 2000?

A No, I have no idea.

Q Okay. Now, you mentioned that, when you met with Mr. Minton after he testified before Judge Baird on April 9th, you then telephoned Frank Oliver?

A Correct.

Q To ask Frank Oliver to call me to have me call

Page 1100

you?

A Correct.

Q Why did you go through that circuitous route?

MR. WEINBERG: Objection, because he did —

I asked him the same question, why did you do that, and he explained it.

THE COURT: I think it’s been asked and answered.

BY MR. DANDAR:

Q Okay. Why did you feel your home was bugged?

A Because a person that was hired by Scientology, a private investigator named David Amos, contacted me here in Clearwater, and I went to visit with him in Memphis, Tennessee, and he told me —

MR. WEINBERG: Objection. That’s hearsay, your Honor, whatever — he had some conversation with some guy David Amos.

THE COURT: It’s not introduced as to the truth of the matter asserted. It’s basically as to why he thought his house was bugged, not because it was bugged.

MR. WEINBERG: Well, then he had a conversation. We shouldn’t get into the details of the conversation, should we? Isn’t that just hearsay?

MR. DANDAR: It’s an exception.

Page 1101

THE COURT: I think it’s an exception. One of the exceptions I don’t really understand. I’m going to allow it.

A Mr. David Amos informed me that he had been hired by the Church of Scientology to surveil me, do surveillance on me, and to — what he was looking for, he told me, was that he had been briefed by his Scientology handlers in Los Angeles that Mr. Minton and I were involved in child slavery and we were — had child slaves that we were running around different countries. And Mr. Amos had a street ministry. He’s a very Christian man, and he has a street ministry where he helps abused children.

THE COURT: I don’t need to hear about all that.

THE WITNESS: Okay.

THE COURT: I need to hear why you thought your house was bugged.

A Anyway, he told me that he was specifically hired to bug my house in Chicago, and when I moved from Chicago to Clearwater, that he was hired to do the same there. And he agreed to come out and show me how he did it and where he did it. And I sent him plane tickets and I sent him money to come out to do that. And at the last minute, he got cold feet and didn’t do it. But I did report it to the FBI, the entire incident.

Page 1102

BY MR. DANDAR:

Q Did you go out and visit Mr. Amos?

A Excuse me?

Q Did you actually meet with Mr. Amos?

A Yes, I did.

MR. WEINBERG: Could we get a date of this alleged conversation?

THE COURT: You can when it’s your turn. I don’t care if it’s true. As far as I’m concerned, it’s only why he thought his house was bugged.

MR. WEINBERG: All right. That’s fine.

THE COURT: Which is an explanation as to why he didn’t call from his house, which is all that’s relevant to this.

MR. WEINBERG: But the testimony, of course, is that he did call from the house. He got the call at the house anyway. That’s what he said.

BY MR. DANDAR:

Q Did you go to see Agent Strope of the FDLE before or after you went to Dennis deVlaming’s office?

A After.

Q And did you go to Dennis deVlaming’s office before or after you met me at the mall on April 14th?

A Before. I did that the day of the testimony —

THE COURT: He’s already testified about

Page 1103

this.

MR. DANDAR: Okay. I wasn’t clear. Okay. All right. And I believe . . .

Your Honor, that’s all the questions I have.

I just want to be able to ask Mr. Prince a question based upon this videotape that I want to play of Mr. Hubbard.

THE COURT: Well, go on ahead and play it now. It’s a good time to do it.

MR. DANDAR: Okay. And I’m going to tell you in advance, Judge, I haven’t seen this tape before. So I’m going to play it. It’s represented to me as being Mr. Hubbard talking about this R245.

THE COURT: Well, Lord, let’s hope there’s something in there about it, something that’s relevant.

MR. DANDAR: That’s why I prefer not to do it right now. Let me —

MR. WEINBERG: Could he possibly hand it to us, see if we can identify it?

MR. DANDAR: This is a copy of a copy. This is not —

THE COURT: You couldn’t identify it.

MR. WEINBERG: I thought it might be something he had purchased.

Page 1104

THE COURT: No.

MR. DANDAR: No.

MR. WEINBERG: Okay.

THE COURT: I don’t want to leave here at 11:30 if you’ve got 35 minutes of tape you’re going to play. Are you done with Mr. Prince?

MR. DANDAR: Except for this.

THE COURT: All right. Well, put it in. Maybe Mr. Prince will let us know. I mean, I don’t know what Mr. Hubbard —

MR. WEINBERG: Could we just ask — where did Mr. Minton — Dandar get this, is all I’m asking.

MR. DANDAR: This is an interview of Mr. Hubbard from a Granada TV station.

THE COURT: It really doesn’t matter how he got it. He doesn’t ask you how you got your stuff.

MR. WEINBERG: No, no. I thought that this was the original lecture, but this is just a — this is actually just an interview, not the lecture.

MR. DANDAR: This is an interview —

THE COURT: We’ll see what it is, Counselor. Sit down.

MR. WEINBERG: All right. That’s fine.

MR. LIEBERMAN: At the expense of your Honor, I just want to point out that television can’t

Page 1105

possibly be policy letter of the Church of Scientology.

MR. DANDAR: We didn’t say it was a policy letter. It’s a lectured — of a tape lecture of Mr. Hubbard.

And I don’t know where this is taking me now.

MR. LIEBERMAN: It’s not a lecture, you said. It was a television interview.

MR. DANDAR: Well, we’ll see.

THE COURT: Surely you don’t all care if we watch Mr. Hubbard here for 35 minutes, do you? Then I wish you would sit down and let us watch it.

(The tape from Granada television was played as follows.)

THE NARRATOR: Tonight, Well in Action has tracked down one of the most elusive men on earth.

This was the end of our search, an ex-(unintelligible) for Royal Scotland, docked at (unintelligible — Deserta?), a small port in North Africa.

On board about 250 people, may be some sort of a crew, and this mysterious man. (Unintelligible) screen man thought he was a great scientist when (unintelligible). Everybody seems to think he’s a millionaire.

Page 1106

These are no ordinary seamen. Their allegiance and devotion to the mysterious man is total. To them, he is My Commodore. The man is L. Ron Hubbard, charmer, science fiction writer, and showman, the creator of Scientology, and the man who is pushing it into its new, more militant phase. He now requires that his crew must have training in judo and weaponry and must be ethically beyond reproach, tough, formidable, and effective. To them he’s a soldier.

One of them wrote: “That which I have really found is the nearness to the greatness, which is Ron, our founder –”

(The tape was interrupted.)

THE COURT: Stop this for a minute.

(Continuing with tape.)

THE NARRATOR: “– he, above all, My Commodore –”

(The tape was stopped.)

THE COURT: I don’t know what this is, but this is not Mr. Hubbard talking.

MR. PRINCE: There’s a little preamble, if you will, like a little introductory — this is an interviewer talking, and then Mr. Hubbard comes on.

THE COURT: Okay. Go on ahead.

Page 1107

MR. WEINBERG: Well, just so the record is clear, we do object to this, to the comments going in the record of this obviously reporter that was doing — I don’t think he was intending to do a favorable piece back in the ’50s with regard to the Church of Scientology. We object to his comments going into evidence. It’s like Dateline, NBC, or something, it sounds like.

THE COURT: I haven’t heard anything offensive yet.

(The tape was played as follows.)

THE NARRATOR: After several weeks of hunting for him, with the help of almost every radio station along the Mediterranean and beyond, Well in Action at last tracked Hubbard down. Just before dawn on a recent Sunday morning, Hubbard, who finds sleeping difficult, decided at last to speak. He spoke for a long, long time, about his money, his beliefs, his critics, and the new authoritarian structure of Scientology.

But first he spoke about his troubles with the British government. He put on his hat, he smiled, and he began.

MR. HUBBARD: Well, that’s very interesting.

Let’s correct the impression first. You said “you

Page 1108

were in trouble.” Let’s get my relationship to this completely straight. I am the writer of the textbooks of Scientology. About two and a half years ago or so, I even ceased to be a director of organizations.

The government — in the first place, I am not in trouble with the British government, not even faintly. If I went in today or tomorrow through immigration, they would tip their hats and say, “How are you, Mr. Hubbard?” just as they have been doing for years.

THE NARRATOR: The immigration officials might well tip their hats, but they couldn’t let him in. The day we filmed Mr. Hubbard, the home office decided that Britain would be better off without him.

Saint Hill Manor, England, Hubbard’s British headquarters —

(The tape was interrupted.)

THE COURT: Stop, stop.

(Continuing with tape.)

THE NARRATOR: — has made an income of something like one million pounds —

(The tape was stopped.)

THE COURT: This is not whatever you all said it was. This is more this other person than it is Mr. Hubbard. You — find what it is you want

Page 1109

play for me sometime and play it. I don’t want to hear all this other stuff.

MR. DANDAR: All right.

THE COURT: And your objection is sustained as far as this is not relevant. Whoever this is —

MR. DANDAR: That’s it right there? All right.

Go to the beginning of this. All right.

Sorry I had it wrong. Sorry.

(The tape was played as follows.)

THE NARRATOR: . . . simply to a layman what Scientology is.

MR. HUBBARD: I think that would be a relatively easy (unintelligible) because it’s factually a subject which is designed for the layman, and if you couldn’t explain it to a layman, you would have a very difficult time with it.

The subject name means “steel,” which means knowing how in the fullest sense of the word; “ology,” which is “study of.” So it’s actually study of knowingness. That is what the word itself means.

The —

THE NARRATOR: To me —

MR. HUBBARD: Yes.

THE NARRATOR: — to me that doesn’t mean

Page 1110

very much. (Unintelligible.) What does it do for you in theory?

MR. HUBBARD: It increases one’s knowingness. But if a man were totally aware of what was going on around him, he would find it was relatively simple to handle any outnesses in that.

THE NARRATOR: Even after twelve hours of talking, we never got an explanation from him that we could understand. In fact, Scientology is a fake, a religion —

(The tape was stopped.)

THE COURT: This is beyond —

MR. DANDAR: I apologize to the Court. Let me — let me find the spot that I’m trying to get to.

THE COURT: All right.

MR. DANDAR: And if Mr. Weinberg has recross —

THE COURT: Let’s get that done.

MR. DANDAR: I’ll try to get that done.

MR. WEINBERG: I take it the last comment was struck as well. Right?

THE COURT: It certainly was.

MR. WEINBERG: All right.

THE COURT: As a matter of fact, none of this is admissible at this point. I don’t know that

Page 1111

whatever it is they’re trying to find would be admissible.

But you try to find it, Mr. Dandar, over lunch break and we’ll —

MR. DANDAR: Thank you.

THE COURT: — listen to it, and then I’ll see.

MR. DANDAR: All right.

You may cross-examine on the redirect.

MR. WEINBERG: Thank you.

HE COURT: It was very brief.

MR. WEINBERG: Right. Excuse me.

THE WITNESS: You have to turn that thing off, because it keeps getting the radio station.

MR. WEINBERG: I thought you were yelling at me.

THE COURT: No. I thought you were yelling at me.

MR. WEINBERG: I looked up there to see if it was 4 o’clock.

RECROSS-EXAMINATION

BY MR. WEINBERG:

Q Now, you, the first time on redirect, said that Mr. Minton had offered you a lifetime pension to join him, whenever it was, April of 2002. Correct? That’s what you

Page 1112

said?

A Yes.

Q Now — and that typically —

THE COURT: He said “retirement.” I don’t know that if he used the word “pension.”

THE WITNESS: Right.

BY MR. WEINBERG:

Q What you meant was you’re going to be taken care of the rest of your life?

A I meant what I said, which is I would be retired.

Q All right. And that from your experience it was — the people that fell in that category were the people that got the $250,000. Right?

A I gave examples of other people that have — when Mr. Minton has given money to people to last them, this is what it was.

Q Right, like Mr. Dandar in March got the $250,000.

A No. That was for the case.

Q Now — now, you didn’t — do you remember that affidavit, the May 1st affidavit, that you were asked again about?

A Yes.

Q Nowhere in that affidavit do you say that Mr. Pension — Mr. Minton offered you retirement, $250,000,or a lot of money?

Page 1113

A Well, I’m not sure.

Q You didn’t say that in there, yes or no?

A I’m not sure. I would have to look at the thing.

Q Do you want to do that?

A Yes.

MR. WEINBERG: Unfortunately, we had left the documents up there, and they keep getting moved.

THE COURT: This may be it right here. I think I have it still.

THE WITNESS: I could look at that real quick, your Honor.

THE COURT: Do you want to look at my copy?

THE WITNESS: Thank you, your Honor. If you would just give me a moment to scan it.

A No, I don’t see that here. No, I didn’t include that in the declaration.

THE WITNESS: Thank you (handing back to Court).

BY MR. WEINBERG:

Q The truth is, you complained to Stacy Brooks that Mr. Minton had treated you differently and had just nickeled and dimed you over the years. Correct?

A I don’t —

Q Something like that?

A Not quite, no.

Page 1114

Q Well, you were unhappy because you had never been one of the recipients of one of those big $250,000 checks, right?

A I think that — no, that’s incorrect, because the context that we were speaking about is me selling my soul, lying, perjuring myself, lying about Mr. Dandar and whoever else Scientology would want to lie for, because, I mean, you know, they had their shopping list of everything they wanted to be gone. The Wollersheim was one; this was one.

I was supposed to do that. And, you know, I told him: You can’t do that. At no price can you make me turn on people that I have worked with for years for Scientology’s behalf.

And as a matter of fact, I think my statement was I will not help Scientology hurt or destroy one more person.

Q Now, this is a 16-page affidavit, chockful of all kinds of details. You even detailed that Mr. Minton had told you he offered Mr. Wollersheim $200,000 to try to settle that case, right?

A Correct.

Q You put that in there. But you didn’t think it was important to put in this affidavit that Mr. Minton had offered you a retire- — basically enough money so that you could retire? You didn’t think that was important?

A Well, I admit that that is something that’s

Page 1115

important here, but I did not put it there for whatever reason. I mean, you know, I put down what I put down. So if you want to give me a strike for that, okay.

Q All right. Now, you said today that — on redirect that those three resignation letters — remember the March 3rd, ’87, letters, the ones in your hand?

A Correct.

Q Right? You told Mr. Dandar on redirect that you actually executed those letters on March 3rd, 1987, right?

The ones in your hand.

A Yes.

Q And those letters were actually typed up on March 3rd of 1987, right?

A I have no idea when they were typed.

Q Isn’t that what you said on direct?

A No, I didn’t say —

Q Isn’t that what you said on redirect?

A No, I didn’t say who typed it, because I did not type this.

Q No, I didn’t say you typed them up. I said those were actually prepared, the whole letter —

THE COURT: He doesn’t know when they were typed.

MR. WEINBERG: No, that was his testimony.

THE WITNESS: No, it wasn’t.

Page 1116

THE COURT: He said that was what he executed.

BY MR. WEINBERG:

Q What you executed had the date on it already?

A Correct.

Q All right. So — that’s all I’m saying. In other words, the — you didn’t — you aren’t testifying that the — that the resignation letters that you signed were actually — and that, you know, had the date on it were actually prepared a long time before. That’s not what you’re saying?

A No. I made a distinction between the undated resignation that I had signed when I first assumed the position and these ones right here. And I stated why these ones were done, used, instead of the undated ones.

Q Do you remember in your affidavit — and the affidavit we’re talking about is the — that I’m talking about now is the August 1999 affidavit, which is the — the August 20th one, which is the — I call it the murder allegation —

THE COURT: Okay.

BY MR. WEINBERG:

Q — affidavit.

MR. WEINBERG: If I can approach —

THE COURT: You may.

Page 1117

MR. WEINBERG: — is probably the easiest way of doing this.

BY MR. WEINBERG:

Q Do you remember that in paragraph 14 of — this is the — just so you see it, is your August 20th, 1999.

A M’hum (affirmative).

Q You see, just read paragraph 14 down to — it’s short.

A Okay.

Q Read it to yourself.

A Okay.

Q Have you seen that?

A Yes.

Q Now, what you say in this affidavit in paragraph 14 on page 6 is: “I was forcefully removed,” which is, you’ve already testified, on March 3rd. Then you say, quote: “It is my belief that my undated resignation which I signed when I was appointed to the board was then dated and used to make it appear that I had resigned when I had not.”

So the testimony that you swore to in this affidavit that all that was — that all that happened was — that what happened was that a date was put on something that you had previously signed is absolutely contrary to what you just testified in this court.

Page 1118

Correct?

A What — what I wrote there, I wrote that as my belief. I didn’t recall this, but once it was shown to me and recalled to me, I testified about it. I’m not able to recall every little thing all the time. That was my belief at the time. But then when you showed me this, I remembered more about the incident that happened in 1986.

Q ’87.

A ’87, sorry, January of ’87.

Q So you were wrong in your August 20th, 1999, sworn affidavit?

A Right. In that — in that regard, in that particular regard.

MR. WEINBERG: Now, do you have — can I ask the clerk for a document, your Honor?

THE COURT: You may.

MR. WEINBERG: Plaintiff’s 15B.

I’m going to show him 15B, which is Teresa Summers’ letter.

THE COURT: For the record, you probably ought to say what you said to me.

I don’t know, did you get that, Madam Court Reporter?

THE REPORTER: Yes, ma’am, I did.

MR. WEINBERG: I guess I was speaking louder

Page 1119

than I thought.

BY MR. WEINBERG:

Q All right. I’m showing you the September 7th, 2001, Teresa Summers letter. And I believe you said on redirect that you had learned about the Clambake money and the issues with regard to the Clambake money in — for the first time — or issues with regard to LMT money for the first time in Teresa Summers’ letter, right?

A Correct.

Q And this is Teresa Summers’ letter?

A Yes, it is.

Q Now, can you look at page 1 of that letter.

A Yes.

Q Paragraph 1.

A Where it says, “Please be advised”?

Q I’m sorry, where it says –subparagraph 1. Do you see where the No. 1 —

A Yes.

Q Where it says, “The revelation –” This is a letter to Stacy Brooks from Teresa Summers, right?

A Correct.

Q “The revelation in your recent deposition that 800,000 was donated to the LMT from foreign sources and that every penny of that money was delivered to Bob Minton is very difficult to make sense of. For at least the last

Page 1120

six months, I have been told by you” all of the LMT funding — I’ve been told by you that all of the LMT funding came from Bob Minton.”

Do you see that?

A Yes, I do.

Q And that’s what you were told as well, correct, that all of the LMT funding came from Bob Minton?

A No, that’s not what I was told.

Q Now, let me — will you turn to the next-to-last page, please. The last paragraph of the next-to-last page, the one that says “in addition”?

A Yes.

Q Do you see that? Summers says: “In addition, Bob and Jesse were involved with bringing money into the country illegally, and you have never discussed this matter with me.”

A Yes.

Q Do you know what she’s talking about?

A No. And she doesn’t either. I never brought any money into the country illegally.

Q And Ms. Summers is someone that’s worked at the LMT?

A Correct. I can tell you what Ms. Summers is referring to, if you’d like to know.

THE COURT: It doesn’t matter.

Page 1121

THE WITNESS: Okay.

MR. WEINBERG: Doesn’t matter.

THE COURT: I have no idea why he bothered to bring that out. Maybe he wanted you to look bad or something.

THE WITNESS: Well . . .

BY MR. WEINBERG:

Q All right. Now, finally, you testified on redirect that the — you testified about the release that you executed with Mr. Rathbun at the end of October, the beginning of November, 1992. Do you remember that testimony?

A In November of 1992, I was not in the Sea Org. I was in Minneapolis, Minnesota.

Q What I’m asking you is, Do you recall on redirect you testified about the release that you executed at the time that you left the Church of Scientology?

A Correct.

Q All right. And your testimony is that you were under duress when you did that. Correct?

A Absolutely, yes.

Q And you executed it in a meeting — in a meeting with Mr. Rathbun, right?

A Correct.

Q Just you and Mr. Rathbun?

Page 1122

A No. There were other staff there.

Q Do you remember who else was there?

A I believe Mr. Sutter was there.

Q They were sitting — you were sitting in a meeting with him?

A If I say he’s there, that means that I can see him. That means we’re in the same room or something like that, you know?

Q So you’re saying he was there?

A Correct.

Q Okay. Well, let me show you two — and then it’s your testimony that, at the end, Mr. Rathbun made you put the wrong date on the release. Right? That was your testimony?

A It was convenient for them to have it as November, as opposed to October. I don’t know why. That’s what I —

Q But it was his origination, not yours?

A Correct.

Q Okay. I’m going to play you a short clip from the beginning of this meeting with Mr. Rathbun and then the end of the meeting with Mr. Rathbun.

A You know, I resent that unless you show the whole thing.

THE COURT: I think that’s fair. If you’re

Page 1123

going to show something and suggest whether he was or wasn’t under duress, you have to play the whole meeting.

MR. WEINBERG: It’s a long meeting. When I have is the clip, and, you know, we can provide the whole thing if you want it. But what I intend to do on this redirect is to show him the beginning of the meeting, which would indicate he was in the meeting, and the end of the meeting where he signs the —

THE COURT: All right.

MR. WEINBERG: — release. (Jesse Prince interview with Marty Rathbun, November 1, ’92, was played as follows.)

MR. RATHBUN: Okay. This is Marty Rathbun with Jesse Prince. And Jesse is going out of the Sea Org, and he agreed to have a —

(The playback was interrupted.)

THE COURT: Where is Jesse Prince?

MR. WEINBERG: He’s at the front.

(Continuing with tape.)

MR. RATHBUN: — knowledge that he might have about outstanding —

(The playback was stopped.)

MR. DANDAR: Does Mr. Prince know he’s being videotaped?

Page 1124

THE WITNESS: No.

BY MR. WEINBERG:

Q Well, you knew the meeting was recorded. A Not videotaped. And this is the first time I’ve seen this, and this is really gross. This is from a hidden camera.

Q Did you know it was being recorded or not?

A On tape. A tape recording was running, not a video.

Q Is this you?

A Yes, it is. I think it is.

THE COURT: Doesn’t look — I’m sorry, it doesn’t look like him.

THE WITNESS: Let me see. They’re full of tricks.

MR. DANDAR: Yes, why don’t you see.

THE WITNESS: I can’t tell.

MR. WEINBERG: Well, when you hear your voice, I think you can tell.

THE COURT: It does not look like Mr. Prince to me.

THE WITNESS: You know, I really resent this. This is secret. Taping this is exactly what I’ve been saying here. This is exactly what they do, the illegal surveillance. It’s just sneaky all the

Page 1125

time.

MR. WEINBERG: I asked him the question, Did you know you were being recorded?

THE COURT: He said no.

MR. WEINBERG: The answer is yes. I think he said yes.

THE COURT: He knew there was a tape recorder playing. He did not know he was being videotaped.

MR. WEINBERG: I guess the question, your Honor, is once you know that —

THE COURT: Quite frankly, I would resent the tar out of it. I hope there’s none of that going on ever. If you’re going to ever take a picture of me, you’d better tell me, because I would resent the tar out of it, to say nothing of the fact that I’m not certain it’s legal.

So whatever it is, Mr. Prince, you didn’t know anything about this?

THE WITNESS: No, your Honor. They did not have my permission to do this.

THE COURT: All right.

THE WITNESS: This is from a hidden, secret camera.

THE COURT: Go ahead and play it. We’ll

Page 1126

decide whether or not it’s legal or not.

(The playback continued.)

MR. RATHBUN: — cases going on or other matters that are involved, illegal or whatever.

MR. PRINCE: That’s right (unintelligible).

MR. RATHBUN: We’re here alone?

MR. PRINCE: That’s right.

MR. RATHBUN: Nobody else here?

MR. PRINCE: No coercion, nobody doing anything.

MR. RATHBUN: Okay. And you’re here of your own free will?

MR. PRINCE: That’s right.

MR. RATHBUN: There’s no — nobody is holding anything over your head?

MR. PRINCE: Yes.

MR. RATHBUN: There’s no threat?

MR. PRINCE: No threat, no pressure. I know exactly what I’m doing. I’m not sitting here (unintelligible) worrying about legal counsel knowing what the hell is going on. I know exactly what I’m doing in a professional capacity.

MR. RATHBUN: Great. Okay. The first thing we’re going to do was you’ve reviewed a couple of outstanding complaints, which were the RICO case,

Page 1127

which is our —

(The playback was interrupted.)

THE WITNESS: You know, I can’t hardly stand this. I can hardly stand this.

MR. WEINBERG: I was going to play the end of it.

THE COURT: Well, how in the world can you play something that suggested somebody wasn’t under coercion and not play it? How do I know —

MR. WEINBERG: If we can — we can play the whole —

THE COURT: This is the RICO case? What is your purpose in playing it?

MR. WEINBERG: Mr. Prince — Mr. Prince said that there were all kinds of people in the room, that he was being coerced, that it was forced. And there are no people.

THE WITNESS: They left the room.

MR. WEINBERG: Excuse me.

THE WITNESS: They had left the room. This was totally staged, to protect the Church, as I’ve given testimony before: Mr. Prince, this is what you need to do to leave our compound.

So I’m sitting here doing whatever they asked me to do to leave their compound. There’s been

Page 1128

articles in George magazine, press — Riverside Press, and my suit about the coercion. So, you know, and now you’re showing me a secret camera thing? I resent this highly. I really resent this.

MR. DANDAR: We object. And for the record, that sure doesn’t look like Mr. Prince.

MR. WEINBERG: Well, you know that’s you.

You’ve heard you.

THE WITNESS: Look, I resent this because it was done — not only did everybody leave the room —

THE COURT: You mean there were others there before this started?

THE WITNESS: Yes. Absolutely. They were all standing around in that room. And then it’s like, “Okay, now, let’s get this extra protection in.”

Signing a release for your client wasn’t enough. Signing a release saying that they didn’t harm me or damage me wasn’t enough for them. Now they’ve got to sit down and do this. You know? I really think anybody with common sense knows what’s going on here.

BY MR. WEINBERG:

Q When did you sign it? The beginning of the meeting or the end of the meeting?

A What, the release?

Page 1129

Q Yes.

A Probably at the end. I mean, they wanted me to — this is what I had to do to leave. I had been locked up —

THE WITNESS: Your Honor, I had to escape from Scientology. They didn’t even know where I went.

THE COURT: I don’t want to hear it anymore.

If he didn’t know about it, I don’t want to see it.

MR. WEINBERG: All right. That’s all my questions.

THE COURT: As far as I’m concerned, it can be stricken.

MR. WEINBERG: Those are all my questions.

THE COURT: All right.

FURTHER REDIRECT EXAMINATION

BY MR. DANDAR:

Q Mr. Prince, do you have that affidavit that’s —

THE COURT: And I might suggest in the future, if you’re going to videotape parishioners, that they be told about it. Quite frankly, that is not very churchly, to be candid.

MR. LIEBERMAN: Well, your Honor, just to be clear, it is the Church’s position that Mr. Prince absolutely knew this was being taped and the videotape introductory section of this before the interview

Page 1130

starts shows them setting up electronic equipment.

And it’s his testimony here that he didn’t know about it. That is not — we do not go along with that. I want the record to reflect that.

THE COURT: It’s very odd that someone leaving a Church has to be videotaped.

The truth is, it’s very odd he would have to sign a release. I mean, it’s all very odd.

However, it’s just my suggestion to you so that you don’t ever have to listen to somebody again that you might just want to put it in your release, “I understand that I’m being videotaped as I sign this.”

Then you won’t have to worry about it. I won’t have to hear somebody saying that he resents you taking my picture, for whatever reason.

THE WITNESS: Your Honor, this comes from —

THE COURT: I don’t want to hear any more about it.

THE WITNESS: Okay.

THE COURT: Go on ahead.

BY MR. DANDAR:

Q Mr. Prince, I want to direct your attention to paragraph —

THE COURT: I didn’t have to sign a release when I left my church, quite frankly. I left, I went

Page 1131

back, who cared?

BY MR. DANDAR:

Q Paragraph 15 of your —

THE COURT: Nobody ever sued me either. I never testified against them.

BY MR. DANDAR:

Q Paragraph 15 of your April 2002 affidavit, paragraph 15 — I don’t have the page numbers on my copy for some strange reason. But the second page of paragraph 15, could you please read the highlighted portion on — beginning —

THE COURT: Which affidavit is this now?

MR. DANDAR: The April 2002.

THE WITNESS: May 1st.

THE COURT: Okay.

A “Bob told me that I was the one making a big mistake, that if I walked down this road with them, they would hire an attorney for me and everything would be okay. Both he and Stacy Brooks told me of a new life, where we would all live in happiness and prosperity.”

BY MR. DANDAR:

Q What were the details of living a new life in happiness and prosperity?

A Retired, vacationing on the Islands regularly, running around the world, world travel.

Page 1132

Q When you — did the —

THE COURT: What paragraph was that?

MR. DANDAR: It was paragraph 15. If I had the exhibit, I could give you the page number.

THE COURT: It’s all right, paragraph 15.

MR. DANDAR: It’s the second page of paragraph 15. It’s a real long paragraph. It’s lines 19 through 22.

THE COURT: All right.

MR. DANDAR: And this wasn’t part of the recross of Mr. Weinberg, so if it’s objected to, I understand. But —

MR. WEINBERG: Well, I’ll object in advance.

BY MR. DANDAR:

Q Mr. Prince, when Teresita went insane or psychotic, did she do it like Lisa did, in the middle of the street, in public, or somewhere else?

A She did it — she was at a work station — oh, god, we were in a big time crunch. We were making the first —

THE COURT: We really don’t care about that. Was it out in public or at work?

THE WITNESS: No, it was at work.

BY MR. DANDAR:

Q So there was no public PR flap?

Page 1133

A Correct.

MR. DANDAR: And outside of wanting to play this videotape, that’s all the questions I have.

THE COURT: Okay. Anything further?

Thank you, sir.

THE WITNESS: Thank you, your Honor.

THE COURT: Your testimony is finished. You may step down.

I don’t know about that videotape either. I have no idea what that is either. So you find whatever it is you want to find, show it to counsel in advance, see what it is, and see if we can make some context out of it and see if it has any relevance.

MR. DANDAR: All right.

THE COURT: All right. Now, it’s noontime.

It’s 12:05. We’ll be in recess until 1:15.

MR. WEINBERG: How about 1:30?

THE COURT: No, 1:15.

MR. WEINBERG: Or 1 o’clock?

THE COURT: No, 1:15.

MR. WEINBERG: 1:15, all right.

(A lunch recess was taken at 12:08 p.m.)

_______________________________

Page 1134

STATE OF FLORIDA

COUNTY OF PINELLAS

I, Debra S. (Laughbaum) Turner, Registered Diplomate Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true record.

WITNESS MY HAND this 11th day of July, 2002, at St. Petersburg, Pinellas County, Florida.

_________________________________
Debra S. (Laughbaum) Turner, RDR
Court Reporter

Notes

  1. Document source: http://www.xenu-directory.net/mirrors/www.whyaretheydead.net/lisa_mcpherson/bob/A-013-071102-Prince-V8.html ↩

Filed Under: Legal Tagged With: Alain Kartuzinski, Brian Haney, Dan Leipold, Dana Hanson, David Amos, David Miscavige, Dennis deVlaming, Dr. Garko, Earle C. Cooley, Eric M. Lieberman, Eugene Denk, FDLE, Ford Greene, Frank Oliver, G & B, Jesse Prince, Joseph A. Yanny, Judge Penick, Judge Susan F. Schaeffer, Kendrick Moxon, Kennan G. Dandar, L. Ron Hubbard, Lawrence Wollersheim, Lee Fugate, Lisa McPherson, LMT, Luke Lirot, Lyman Spurlock, Lynn R. Farny, Mark C. Rathbun, Michael J. Rinder, Michael Roberts, Michael Sutter, Morris Weinberg, Patricia Greenway, Peter Alexander, Rick Aznaran, Robert Minton, Sandy Rosen, Stacy Brooks, Teresa Summers, Teresita, Thom Haverty, Vicki Aznaran

Testimony of Jesse Prince (Volume 4) (July 9, 2002)

July 9, 2002 by Clerk1

0467

IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA
CASE NO. 00-5682-CI-11

DELL LIEBREICH, as Personal Representative of the ESTATE OF LISA McPHERSON,
Plaintiff,

vs.

CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, JANIS JOHNSON, ALAIN KARTUZINSKI and DAVID HOUGHTON, D.D.S.,
Defendants.
_______________________________________/

PROCEEDINGS: Defendants’ Omnibus Motion for Terminating Sanctions and Other Relief.

Testimony of Jesse Prince.

VOLUME 4

DATE: July 9, 2002.

PLACE: Courtroom B, Judicial Buiding
St. Petersburg, Florida.

BEFORE: Hon. Susan F. Schaeffer, Circuit Judge.

REPORTED BY: Donna M. Kanabay RMR, CRR, Notary Public, State of Florida at large.

0468

APPEARANCES:

MR. KENNAN G. DANDAR
DANDAR & DANDAR
5340 West Kennedy Blvd., Suite 201
Tampa, FL 33602
Attorney for Plaintiff.

MR. LUKE CHARLES LIROT
LUKE CHARLES LIROT, PA
112 N East Street, Street, Suite B
Tampa, FL 33602-4108
Attorney for Plaintiff.

MR. KENDRICK MOXON
MOXON & KOBRIN
1100 Cleveland Street, Suite 900
Clearwater, FL 33755
Attorney for Church of Scientology Flag Service Organization.

MR. LEE FUGATE and MR. MORRIS WEINBERG, JR. and ZUCKERMAN, SPAEDER
101 E. Kennedy Blvd, Suite 1200
Tampa, FL 33602-5147
Attorneys for Church of Scientology Flag Service Organization.

MR. ERIC M. LIEBERMAN
RABINOWITZ, BOUDIN, STANDARD
740 Broadway at Astor Place
New York, NY 10003-9518
Attorney for Church of Scientology Flag Service Organization.

MR. STEPHEN WEIN
BATTAGLIA ROSS DICUS & WEIN
980 Tyrone Blvd.
St. Petersburg, FL 33743
Attorney for Mr. Minton.

0469

INDEX TO PROCEEDINGS AND EXHIBITS
                                                       PAGE  LINE
Recess                                                    535   10
Recess                                                    580   3
Reporter’s Certificate                          581  1

0470

(The proceedings resumed at 10:05 a.m.)

[… Other court business.]

THE COURT: Okay. I’m ready for Mr. Prince.

MR. DANDAR: All right. Thank you.

THE COURT: He’s still under oath. Same oath he’s taken. You only have to take it once.

You may continue, Mr. Dandar.

MR. DANDAR: Thank you.

THE COURT: Mr. Wein, you’re going to hear some unusual evidentiary rulings here, because we’re dealing with things like, perhaps, state of mind of your client. However, you don’t have — you’re  just — your client is nothing but a witness in this hearing. Therefore, as I told Mr. Battaglia yesterday —

MR. WEIN: I understand I can listen but I  shouldn’t be standing up and objecting.

THE COURT: That’s correct.

And you might think, “What in the world kind of

0499

rulings is she making? She doesn’t understand anything about the rules of evidence.” This is an unusual hearing with unusual rules, and we’ve got some objections that have been made and will be preserved, that have been made, First Amendment objections, expert objections, stuff like that, that are preserved. So you might hear triple hearsay come in in this hearing. It’s just an unusual hearing. So —

MR. WEINBERG: So it’s both the lawyers that aren’t objecting —

THE COURT: Yeah. When you hear that —

MR. WEINBERG: (Inaudible.)

THE COURT: When the lawyers don’t object —

MR. WEINBERG: (Inaudible, simultaneous speakers.)

THE COURT: — just understand that we’re involved in somewhat of an unusual hearing, and I’ve made some somewhat unusual evidentiary rulings already. So we’re —

MR. WEIN: Yes, your Honor.

THE COURT: — taking it from there.

Continue.
__________________________________________
25
0500

BY MR. DANDAR:

Q  Mr. Prince, I’m not sure I asked you this question yesterday or not, but are you aware that Mr. Minton received from me any information concerning any of the mediations in this wrongful death case?

A  No, I am not.

Q  Did Mr. Minton ever talk to you and say, “Oh, Ken Dandar told me this about the mediation and what was said at the mediation”?

A  No, he did not.

Q  Now, before you left the Church of Scientology, how many years did you know — personally know David Miscavige?

A  I’d say about 12 years.

Q  And yesterday you said you were a friend of David Miscavige?

A  I said we’d been friends; we had been friends, close friends, at a point in time.

Q  Okay. When did that friendship end, if at all?

A  Well, it’s been quite a while since we’ve talked to each other. Probably — you know, if we talked to each other — I don’t know — maybe we could still find some friendship there. But we haven’t talked for quite a while.

Q  Well, give us a year. When did you last talk to him?

0501

A  ’92.

Q  And is ’92 the year that you were no longer a Sea Org member?

A  ’92 is the year that I left.

Q  Okay. And prior to leaving, did you still consider him to be your friend?

A  Yes, I did.

Q  Okay. And did he work with you in RTC when you were deputy inspector general?

A  Yes, he did. And as a matter of fact, more often than not I would report to him.

Q  Rather than Vicki Aznaran?

A  Together with Vicki Aznaran or without Vicki Aznaran.

Q  Can you describe to the court his management style?

A  Well, same management style that’s pretty much taught throughout the management series of Scientology, wherein an executive is expected to know about or be in control of all areas underneath the executive.

Normally when you have a person that’s high in the organizational chart in Scientology, you’ll have a seven-division org board. The person that is over that activity has to know the details of what’s going on in all of those seven divisions. Each division may be having three

0502

separate departments, as many as three separate departments, and different units within the department. So there could be a lot of people there. There is provisions for inspecting, getting information, and on and on and on, with that. But it’s very much expected to know everything.

But it certainly gets carried to an extreme, or certainly was carried on to an extreme during my tenure there, in that certain sections or areas would be micromanaged to the point where the staff in that area could only act on orders and comply with orders, comply with command intention, comply with programs. There was not a lot of original thought process going on in some areas by staff.

Q  How far down the org board did you personally observe Mr. Miscavige micromanaging during your tenure?

A  All the way down to the janitor.

Q Really.

A  Yeah.

Q  Would he manage that way with RTC or would he go outside of RTC?

A  Would go outside of RTC. There’s plenty of examples of that.

Q  Can you give us a few?

A  Well —

MR. WEINBERG: Could we just date this? I was

0503

under the impression that when Mr. Prince was at RTC, Mr. Miscavige wasn’t. So can we put a date when he’s talking about?

THE WITNESS: I certainly will.

THE COURT: And what was that?

THE WITNESS: Well, I haven’t spoken of any instance yet, but the instance that I’m about to talk about right now happened in 1985 — and I do believe I’ve done a declaration about this before — whereby myself, David Miscavige, Vicki Aznaran, Mark Yeager, Mark Ingber, Ray Mithoff, the usual crew, came to the FSO.

BY MR. DANDAR:

Q  Flag?

A  Flag Service Organization.

Q  In Clearwater?

A  In Clearwater, Florida.

Went through the entire organization, started declaring suppressive persons of staff and public on the spot; people that we didn’t want or felt were inappropriate to be in the Flag Service Organization.

I’ve given a declaration about that before.

THE COURT: Have I seen that declaration?

MR. DANDAR: I don’t — I don’t think —

Was it — it wasn’t in this case, was it?

0504

THE WITNESS: No. I believe it was in another case.

I will certainly find it, when —

THE COURT: That’s all right. I just didn’t know — I didn’t remember —

MR. DANDAR: No, it wasn’t.

THE COURT: — reading it.

MR. WEINBERG: Does he know what cases?

Was it the Wollersheim case?

THE WITNESS: I believe it may have been.

A  There’s another instance that was produced and written about by KSW News or Scientology News, where again the usual crew — myself, Miscavige, Lyman Spurlock, Ray Mithoff, Mark Ingber, Mark Yeager, several Scientology attorneys — went to San Francisco to have a mission holders’ conference with the current mission holders.

THE COURT: Go to the mission —

THE WITNESS: Mission holders. Mission holders would be like franchise holders, organization — The Scientology organization is one thing.

Then you can have a franchise of that which is called a mission. And the mission holder would be the owner of the mission.

THE COURT: I see.

A  Anyway, we went up to San Francisco to have a

0505

mission holders’ conference. And prior to actually having the conference, we stopped in a local Scientology organization, the San Francisco organization, went through the entire organization, spoke to everyone in the
organization, and removed the executive from the organization, removed other people, and left.

BY MR. DANDAR:

Q  What gave you the power —

MR. WEINBERG: Could you please date that one too, please?

BY MR. DANDAR:

Q  What year was that?

A  That one was 1982 — late ’82 or very early ’83, as I recall.

Q  And what gave Mr. Miscavige and your group the power to go into a separate corporation, the San Francisco organization, and remove officers of the corporation?

A  This is the subject of something I’ve also given extensive testimony and declaration about, because it goes to alter-ego within Scientology.

But there’s a thing called mission tech, where Sea Org members can get together on orders based on Sea Org programs, and go into any organization and take it over completely and remove its executives, alter, change its policy, change its board of directors, change whatever it

0506

wants to. And once it deems that the activity is performing to the expected standard, then the mission will pull out.

Normally these missions last for two, three weeks.

Q  So it has to do —

THE COURT: Mission —

I’m sorry, Mr. Dandar. We must be driving you crazy.

The mission lasts for two or three weeks, meaning the mission church or the mission of these folks that are going in to take a look?

THE WITNESS: The mission of these folks going in to take a look —

THE COURT: Okay.

THE WITNESS: — your Honor.

BY MR. DANDAR:

Q  And the officers of the corporation are removed because they’re doing —

I mean, what’s the reason for that? Let’s talk about the San Francisco organization.

THE COURT: Why is that relevant?

MR. DANDAR: It’s the power of the Sea Org, which is one of the issues raised at this hearing.

MR. WEINBERG: But it’s not an issue at this hearing. It may be an issue he’s trying to raise, but the issue at this hearing is whether or not, A,

0507

there was misconduct by Mr. Dandar and others; and B, whether or not there was a basis to allege that David Miscavige had ordered the killing, death of Lisa McPherson. Not Sea Org, none of that.

THE COURT: Well, part of the allegation was he was the head of the Sea Org, which was by — That is an issue.

MR. WEINBERG: But it’s — it — Mr. Miscavige, as we know, is not a party, because he didn’t pursue — that was the way they got him to be a party, by saying he was outside of the contract —

THE COURT: I —

MR. WEINBERG: — and —

THE COURT: — understand that, Counsel. But the allegation in the complaint that you are trying to get a summary judgment on and — and have dismissed as false is that David Miscavige did these certain things. And that still is part of the complaint, whether he’s a party or not.

MR. WEINBERG: There’s a lot of accusations in the complaint that I guess Mr. Dandar could have this hearing go for the next three months about, but that isn’t a central — I’ve said my piece.

THE COURT: Thank you.

0508

BY MR. DANDAR:

Q  So Mr. Prince, you and your party, which included Mr. Miscavige, ousting the corporate officers of the San Francisco corporation, what — what gave them the power to do that?

A  Again, it was just Sea Org — it’s called Sea Org mission tech, where a person in the Sea Org, called a mission op, or operator — mission ops, it’s called — will put together a set of, like, project order to get done in the organization.

They may call for removing the executives; it may call for investigating and then removing upon determination; it may call for training; it may call for correction.

Q  And back in late ’82, early ’83, when you and Miscavige and the others went to San Francisco, who was the head of the Sea Org?

A  David Miscavige.

Q  And when you left in ’92 —

THE COURT: Mr. Hubbard was still alive then?

THE WITNESS: In 1992, yes.

MR. DANDAR: No, ’82.

THE COURT: ’82.

THE WITNESS: Oh. ’82. Yes. I’m sorry.

THE COURT: And he was not the head of the Sea Org?

0509

THE WITNESS: Yes, he was. He was the commodore.

But you know, we were going through this whole song and dance to try to get tax-exempt status for the various organizations of Scientology, and the problem came up where I guess it was determined that L. Ron Hubbard — it was found that L. Ron Hubbard was the managing agent of Scientology and the Sea Org. And so Mr. Hubbard, by that time, had really separated himself for the purposes of allowing this church entity — these Scientology entities to get tax-exempt status. He had kind of separated himself totally from Scientology activity.

THE COURT: Okay.

BY MR. DANDAR:

Q  So when he separated himself, who took over as the head of the Sea Org?

A  Miscavige. David Miscavige.

Q  And when you left in ’92, who was the head of the Sea Org?

A  David Miscavige.

Q  Was there anyone in the Sea Org that had equal or greater rank than David Miscavige from ’82 to ’92 when you left?

A  At the time before I left, David Miscavige — this

0510

whole thing with brevet rank and being a captain and stuff — this is something that happened, I believe, later, after I was done there.

Mr. Miscavige derives his authority from being the chairman of the board of nearly every — all of the major corporations. He’s on the board of directors somehow, where he derives —

And then also, as far as Sea Org is concerned, Miscavige — I mean, basically, L. Ron Hubbard passed the torch to Miscavige. He didn’t pass it to Miscavige; he passed it on to Pat and Annie Broeker. Miscavige got rid of Pat and Annie Broeker, so effectively took control of Scientology.

Q  And did he take control of Scientology as the chairman of the board of some corporation or through the Sea Org?

A  He took control of Scientology through — by corporate means. And he was able to — You see — you see, this may be a little confusing, so I think this is worth — takes a moment to explain.

The Sea Org operates on not only these green policy letters and these red bulletins that we’ve seen, but the Sea Org has its own issues and issue types that it operates on. And they’re called Flag orders. Flag

0511

orders — you know, they supersede corporate boundaries; supersede posts or positions or whatever.

A  So Flag orders — L. Ron — the last Flag order that he wrote, he turned over Scientology to Pat and Annie Broeker. He called them loyal officers. Loyal officers is a term that comes up from reading Scientology’s, quote/unquote, advance materials. That was — loyal officers were supposed to be the highest rank in Scientology.

Miscavige — after L. Ron Hubbard passed, Miscavige cancelled that issue, did not let Pat and Annie —

THE COURT: We don’t really need to go there, do we?

MR. DANDAR: Well, I’m leading up to one question.

THE COURT: Okay.

A  Anyway, he effectively took it over.

BY MR. DANDAR:

Q  All right. Now, why is it that paragraph 34 — based on your affidavit, why is it that it alleges that David Miscavige, outside of anyone else, would be the person who would have given this order to end cycle?

A  Well, I think what my affidavit actually says is — is David Miscavige would have sat there with Ray Mithoff, with Marty Rathbun, the people that meet, to — to

0512

make sure that the flaps within Scientology that are a threat are dealt with. I think what I said there was that those three people would have gotten together and decided —

THE COURT: Ray Mithoff and who else?

THE WITNESS: Marty Rathbun.

MR. DANDAR: R-a-t-h-b-u-n.

THE WITNESS: Would have sat there with full knowledge and information of what was going on with Lisa McPherson. And instead of letting her be taken to a hospital, would have told these people to just let her stay there, and let’s see what happens here.

Let’s continue. See if we can, you know, finish the introspection rundown. Don’t put her on any line where she can tell a story about what’s happening to her.

In other words, let her die. If she dies, that’s what happens.

BY MR. DANDAR:

Q  Now, what if the — based upon your tenure and your experience of working with Mr. Miscavige, Mr. Rathbun, Mr. — I’ve forgotten the third name.

A  Mithoff.

Q  Mithoff.

If Mr. Mithoff and Mr. Rathbun said, “No, no, no. We have these reports, that she needs to — she’s not

0513

doing — she’s getting worse. She needs to go to the hospital. Send her to the hospital,” and Mr. Miscavige says, “No. We’re not going to do that,” out of those three, who prevails?

MR. WEINBERG: Objection. This is just rank speculation.

THE COURT: It would appear to be so, except I believe he indicated, back when he was at RTC, these same people were there?

MR. WEINBERG: No. Mr. Mithoff was in CSI.

Mr. Rathbun was not in RTC.

I — I mean, he —

BY MR. DANDAR:

Q  Mr. Prince —

MR. WEINBERG: — at the time —

THE COURT: I’m going to allow it, because I know what the answer is. I mean —

BY MR. DANDAR:

Q  Mr. Prince, who was in RTC when you were in RTC, at these meetings?

MR. WEINBERG: No —

A  The only people that were in RTC were myself and Vicki Aznaran. David Miscavige was the chairman of the board of Author Services, a for-profit corporation that was L. Ron Hubbard’s publishing company. However, that meant

0514

nothing in relationship to who were the principals of Scientology, who were directing — directing the actions of Scientology as a whole. And the people that were doing that were David Miscavige, myself, Vicki Aznaran, Mark Yeager, Mark Ingber, Lyman Spurlock.

THE COURT: Was there a majority vote taken?

THE WITNESS: There’s no such thing as a vote in the Sea Org, unless you’re deciding on a quality of food, in Scientology.

THE COURT: If you disagree on a decision, who made the final call?

THE WITNESS: If you disagreed on a decision — if you disagreed with someone that was above you, you would be sent for correction to straighten out your —

THE COURT: Look, if you folks are sitting around trying to decide something — you and all these people, you said, were kind of a — there — and you disagreed; you know, you said, “I think this should happen,” Ms. Aznaran said, “I think this should happen,” David Miscavige said, “I think this should happen,” who made the call?

THE WITNESS: Ultimately the person who would have the authority and everyone would have to follow would be Mr. Miscavige.

0515

THE COURT: So he — he made the final call.

THE WITNESS: Yes, he would say, “Okay. Yeah.

This is how you do it.”

BY MR. DANDAR:

Q  Would he get input from the others for —

A  Yes. I mean, that happened. But the purpose — I mean, you know — and I just want to clear this picture — make this picture a little bit more clearer as to how it actually works.

Mr. — Mr. Mithoff, based on how it worked when I was there — I’m just going to explain this. Mr. Mithoff would have brought this situation to the attention of Mr. Rathbun. Mr. Rathbun would have looked over this — okay. And again, in my mind, I’m not going with the theory that she was crazy when they took her to the hospital; I’m not going with the theory that she just lay there and wanted to be there; I’m going with the theory that, just like she said, she wanted to leave. She was trying to leave. They incarcerated her, falsely incarcerated her, wouldn’t let her leave.

So Mr. Mithoff would have brought it to Mr. Rathbun’s attention. Because you have a threat. You have a person that is now escalated. They want to get out. And now they’re sick. It’s going bad — worse to bad. Mr. Mithoff would have taken and put an exact

0516

instructions in her folder, went over it with Mr. Rathbun.

And at the meeting they would have sat down with Mr. Miscavige and said, “This is the situation. This is the flap. This is the handling.” If their handling included not taking her to the hospital and keeping her there  and doing Scientology on her, Mr. Miscavige would have said, “Fine.” If their handling would have been, “Look, I think we better take this risk even though she is antagonistic, and we got to send her to the hospital,” it is my opinion that his answer would have been, “No. You leave her right there.”

Q  And why is that? What do you base that opinion on?

A  I base that opinion on the fact that protecting Scientology is the ultimate goal of any Scientologist, irrespective of friend, family, business. Scientology comes first. Because the idea in Scientology is that Scientology’s going to save the world. And if you lose Scientology, you lose the world. So it’s the greatest good to protect Scientology than it would be to be concerned about an individual, or a group, for that matter.

Q  Now, are you familiar with the term and policy letter called “bypass”?

A  Yes, I am.

Q  All right. Can you tell the court what that is?

0517

A  Bypass is a situation — I guess I can just do a real example here using the court reporter. If this court reporter here were typing transcripts and she were making too many errors, someone else would have to come in here and take over her job and — while she goes and gets fixed or gets corrected, and takes over her actual job, and does the job until she’s able to perform it again.

Q  Do you have an opinion whether or not, in Lisa McPherson’s case, bypass would have come into play?

THE COURT: I don’t understand that. I’m sorry. Maybe I just didn’t understand the example.

Maybe —

THE WITNESS: Okay. I’ll try to do another example, your Honor.

THE COURT: Bypass, to me, means you jump over somebody or you go around someone.

THE WITNESS: Well, you actually displace that person and assume their position.

THE COURT: Oh, I see. Okay.

THE WITNESS: Until they can do the job correctly.

THE COURT: Okay.

BY MR. DANDAR:

Q  Let me show you —

THE COURT: I don’t think he answered your

0518

question. I interrupted him. So if you want an answer, do you —

MR. DANDAR: Well, I’m going —

THE COURT: In the Lisa McPherson case —

MR. DANDAR: No —

THE COURT: — did bypass occur?

MR. DANDAR: I’m going to ask a question first.

THE COURT: Okay.

MR. DANDAR: I’m going to interrupt myself.

THE COURT: All right.

BY MR. DANDAR:

Q  Let me show you what I have marked as Plaintiff’s Exhibit 127, see if you can identify this.

A  Okay.

Q  Can you identify this?

A  Yes, I can. This is what’s commonly referred to as a CBO, central bureau order. It’s another issue type that Scientology puts out, you know, like a bulletin or a policy letter. And this particular issue talks about senior management bypassing into lower areas or lower units within the Scientology infrastructure.

Q  Under what circumstances would that happen?

A  This would happen at any point where the senior officer or senior body felt that there was a situation going on in a lower area that wasn’t being dealt with to par.

0519

Q  Now, do you have an opinion, based upon your experience in Scientology, whether or not, after your review of the Lisa McPherson matter, the policy bypass would have come into play?

MR. WEINBERG: Objection to competence. I don’t even know what this is. I mean, this is not written by L. Ron Hubbard, apparently. It’s not in the green volumes or the red volumes. There’s been no — there’s been no —

And Mr. Prince said he knew what bypass was. Well — but — and now he’s going to apply it to some hypothetical situation that he doesn’t have any personal knowledge of?

THE WITNESS: I think the issue speaks for —

THE COURT: I —

THE WITNESS: — itself.

THE COURT: I think for this purpose of this hearing, I just want to hear everything he has to say.

MR. WEINBERG: I understand. I just —

THE COURT: So I’m going to allow it.

MR. WEINBERG: Every now and then, I just need to get up to renew —

THE COURT: All right.

MR. WEINBERG: — my —

0520

Just so Mr. Wein —

Is it Wein —

MR. WEIN: Yeah.

MR. WEINBERG: Mr. — I’m “wine,” and he’s “ween.”

THE COURT: I want to hear everything —

MR. WEINBERG: Okay.

THE COURT: — because I want to find out all the things that Mr. Prince may have, as Mr. Dandar’s consultant —

MR. WEINBERG: I understand.

THE COURT: — told him about, so that I can have some understanding of the complaint and the allegations you’ve made. And so I’m going to allow it.

BY MR. DANDAR:

Q  Have you seen this document before today, Mr. Prince?

A  Yes, I have.

Q  And under what circumstances have you seen that?

A  I have seen this during messenger training.

I had to, myself — when I went to Gilman Hot Springs in 1982, I became what’s called a commodore messenger. And I’ve explained that endlessly too. It’s a person — it’s an emissary of L. Ron Hubbard who has the

0521

same authority as L. Ron Hubbard. When they come with an order to an area, it’s like L. Ron Hubbard giving an order to an area. So you know, this has the highest level of priority, as far as compliance’s concerned.

I became a commodore’s messenger. And as part of being a commodore’s messenger, this was the first time in my study pack on the duties of commodore’s messenger that I read this particular issue.

Q  Okay. And do you have an opinion whether or not this bypass would come into play in any part of the matter concerning Lisa McPherson?

A  I think it would have certainly come into play, given the fact that Mrs. McPherson was not being cooperative or — and actually intended to leave Scientology. And this was consistent in what she was saying. So that’s like a breach of technology. There’s no such thing as Scientology not working, as far as the written materials are concerned. If Scientology doesn’t work, then something is wrong with the individual. Somebody has done something wrong or somebody has misapplied it.

So if you have a person in the extreme situation like Lisa was, that continued, that would be reason for bypass; to come in and, you know, deal with it specifically.

Q  Who gets involved when bypass happens?

A  For the FSO?

0522

Q  Yes.

A  Normally Ray Mithoff.

Q  In what position?

A  He’s the senior technical person internationally for Scientology. The Flag Service Organization is the senior mecca of technical perfection as far as Scientology is concerned, so the — the Flag Service organization is certainly one of the major providences of the senior CS  international.

Q  Now, a while back, you know, in my office, you pulled out an OW of Lisa McPherson —

THE COURT: OW?

MR. DANDAR: Overt withhold, abbreviated OW.

BY MR. DANDAR:

Q  — that she wrote in the fall of ’95, concerning February of ’95, where she mentioned management had to get involved? Do you recall that?

A  Yes. This was a — right around the first time I believe that Lisa started experiencing severe difficulty with Scientology, as far as her relationship to it. And she mentioned that whatever was going on with her was — you know, technically it resulted in a bypass by senior management; a bypass of the Flag Service Organization, to specifically help her and deal with her situation.

Q  Now, we already have in evidence and marked as

0523

Exhibit 96 —

And this is an extra copy.

MR. DANDAR: And Judge, I’ll show it to you if you need to see it again.

BY MR. DANDAR:

Q  But it’s the Heide Negro (sic) isolation watch report. Did you see that before?

A  Yes, I did.

Q  And on the second page it talks about —

THE COURT: That’s in evidence?

MR. DANDAR: Yes. 96.

THE COURT: Oh, okay. It’s been a long time.

THE WITNESS: I think she needs —

MR. DANDAR: It is a long time.

THE COURT: Thank you.

BY MR. DANDAR:

Q  On the second page, first paragraph of the last sentence —

MR. WEINBERG: Well, hold on. Mr. — I object to his competence — he has no personal knowledge of any of this.

THE COURT: I don’t even know what the question is going to be, so —

MR. WEINBERG: He’s now going into

0524

somebody’s —

THE COURT: Well, you don’t know what he’s going to go into because you haven’t heard the question. So let’s hear it and I’ll —

MR. WEINBERG: If I could —

THE COURT: Go on ahead with your question.

BY MR. DANDAR:

Q  Okay. The first paragraph, it says that this data came originally from FSO CS, Alain Kartuzinski, who was in charge of John Taylor’s correction. Who —

THE COURT: See, I don’t even know where you’re reading from.

MR. DANDAR: I’m sorry. First paragraph on page 2.

THE COURT: Oh. Page 2.

MR. DANDAR: Yes. I’m sorry.

THE COURT: Okay. Go ahead.

BY MR. DANDAR:

Q  “This was later corrected by a telex from Mr. Ray Mithoff, who indicated that the RD –” I guess that’s rundown —

A  Right.

Q  “– in fact could be delivered, at which point delivery commenced.”

0525

Now, what does that mean in plain English?

A  There was a question of whether or not this person could be given the introspection rundown. Alain Kartuzinski apparently thought that no one was qualified at this particular location, which is their advanced organization in the United Kingdom. This person was — apparently had similar symptoms to what Lisa and other people were having that have that problem. And Mr. Mithoff — this, again — at management, was alerted.

And Mr. Mithoff indicated that the rundown could be given, because Mr. Mithoff is the senior-most technical person within the Scientology infrastructure. Senior FSO CS Alain Kartuzinski — any auditor or case supervisor located here in Clearwater, Florida, operating in the Ft. Harrison Hotel and the Sandcastle, are considered to be the cream of the crop as far as auditors and technically trained people are concerned.

Q  Okay. Well, are you aware of evidence that you’ve seen where David Miscavige has become personally involved in the matters concerning Lisa McPherson?

A  One thing that I saw where he actually comes out himself was a letter that was written to Mr. Bernie McCabe concerning dismissing the criminal case that was brought against Scientology for Lisa McPherson’s death.

MR. WEINBERG: Your Honor, Mr. Dandar’s not

0526

taking the position that this justifies his accusation that David Miscavige murdered Lisa McPherson, whatever he’s got to show you, that happened in the criminal investigation.

THE COURT: No. I think what he’s about to show me, based on his question, is something that indicates that David Miscavige knew about the Lisa McPherson case. I don’t think —

MR. WEINBERG: Well, I think —

THE COURT: — that that —

MR. WEINBERG: — the whole world knew about the Lisa McPherson case once there were people — once the church was indicted and people were walking around with picket signs.

THE COURT: We have to read it, ’cause I don’t know what it is.

BY MR. DANDAR:

Q  Plaintiff’s 128. Is that the letter you’re referring to, Mr. Prince?

A  Yes, it is.

MR. WEINBERG: Well, could I have a copy, please?

MR. DANDAR: Oh.

A  Yeah.

0527

BY MR. DANDAR:

Q  Based upon your experience as a Scientology executive in RTC, why would RTC have anything to do or be  involved with the Lisa McPherson matter?

A  I think if you just look at the second paragraph on page 7 of this letter, the last sentence, I think that pretty much says it all. It says, “Therefore, if rapid, responsible and meaningful resolution of this case is to be achieved –”

THE COURT: Just a second. I can’t find out where you are. Page 7, what?

THE WITNESS: Second paragraph. Last sentence in the second paragraph.

THE COURT: All right.

THE WITNESS: Where it says, “Therefore, if rapid, responsible and meaningful resolution of this case is to be achieved, you and I are the persons to do it.”

BY MR. DANDAR:

Q  You, meaning Mr. McCabe, and I, meaning Mr. —

A  Miscavige.

Q  — Miscavige?

A  Correct.

Q  Why would — again, why would Mr. Miscavige then be personally involved in the Lisa McPherson matter?

0528

MR. WEINBERG: Again —

A  Again, bypass —

MR. WEINBERG: — isn’t this pure speculation on his part?

THE COURT: Well, I think that — that — I would read this that this was after the charge was brought.

MR. DANDAR: Yes.

THE COURT: And that Mr. Miscavige, as the ecclesiastical head of the church against whom a charge was brought, was saying, “If this is going to be resolved, Mr. McCabe, as the state attorney, and I, as the head of this church, need to sit down and try to resolve it.”

MR. WEINBERG: And of course, he was not successful at that point, because the case continued for another year. And we all know how it —

THE COURT: However, we perhaps need to hear from Mr. Prince how he believes that statement shows that Mr. Miscavige was involved before Lisa McPherson died. Which is what your point of the question —

MR. DANDAR: That’s where I’m heading, yes.

THE COURT: Okay.

0529

BY MR. DANDAR:

Q  How does that — how can you explain that as reference to, as the judge just said —

A  I think the letter, you know, indicates Mr. Miscavige’s broad knowledge of every step of the criminal case, you know. And there’s no obvious evidence that he’s had involvement in this case, but it would certainly be my opinion that he has. Because again, this is a flap. It’s a bypass.

THE COURT: Well, Mr. Prince, let me just ask you what would seemingly be a logical question to me:

You could certainly have a situation — I’m not saying this is true or not true. But you could have — certainly have a situation where somebody didn’t know about somebody being ill, but when criminal charges were filed, because that person died, if they’re the head, they’d become involved and take over from that point.

THE WITNESS: Yes, your Honor. That is a rational line of thinking for, you know, regular world activities. But in Scientology, these — you know, Scientology —

THE COURT: I’m not saying that —

THE WITNESS: — is extremely —

0530

THE COURT: — Mr. Miscavige didn’t know.

THE WITNESS: Right.

THE COURT: I am saying that another explanation — I mean, this is about a criminal charge —

THE WITNESS: Right.

THE COURT: — right?

THE WITNESS: Right.

THE COURT: And so you could certainly have —

THE WITNESS: Against the Flag Service Organization.

THE COURT: Yeah. You could have a situation where the ecclesiastical head, after criminal charges are filed, says, “Let’s you and I sit down and see if we can resolve this criminal case.”

THE WITNESS: Right.

Well, you know, where are the letters from the corporate heads of the Flag Service Organization, doing the same thing with Mr. McCabe?

THE COURT: I’m sorry. Where are the what?

THE WITNESS: The corporate officers of the Flag Service Organization. Where’s Mr. Ben Shaw’s letter to Mr. McCabe to sort this out? Why does this necessitate Mr. Miscavige? This is against the

0531

Flag Service Organization.

THE COURT: Well, because as I understand it, Mr. Miscavige is the ecclesiastical head of the Church of Scientology.

THE WITNESS: Every one of them.

THE COURT: Every one of them.

THE WITNESS: Right.

THE COURT: Yeah. There’s no disagreement.

So as I said, I can — I’m not saying that Mr. Miscavige did or did not know about Lisa McPherson’s situation when she was at the Ft. Harrison Hotel. Because quite frankly, that’s one of the issues.

But this letter just simply says that, “I as the head of this church, all of them, want to sit down with you and resolve this case.”

THE WITNESS: Right.

THE COURT: So how do you jump from that —

THE WITNESS: Well —

THE COURT: In other words, there’s lots of people who have testified that David Miscavige, as chairman of the board of RTC, knew about Lisa McPherson. There’s just no question in their mind.

THE WITNESS: Right.

THE COURT: He would have known. He would have

0532

known because that’s the way business is done.

THE WITNESS: Correct.

THE COURT: Sort of.

THE WITNESS: Correct.

THE COURT: Okay. I’ve heard all that testimony. I presume you would testify the same.

But what does this letter add to this?

THE WITNESS: I — you know, your Honor, I think the only purpose of this letter is — is just to show what we were talking about earlier, when we were talking about the bypass and — and how, you know, it’s a pattern of conduct; how the organization does business. I think that’s the purpose of why this is in here.

THE COURT: Well, if this letter has relevance — if this letter has relevance, it has relevance to the, I suspect, agreed-to evidence in this case, which is that David Miscavige is the ecclesiastical head of the Church of Scientology, including — including Flag.

MR. DANDAR: Right.

THE COURT: Including all of the organizations.

MR. WEINBERG: The letter isn’t relevant to this proceeding.

THE COURT: No. It is not relevant to this

0533

proceeding, as I said, except that it might be relevant to that issue, which I assume is an agreed-upon issue.

MR. WEINBERG: The first church in the United States within 200 years is indicted, it’s not surprising that Mr. Miscavige —

THE COURT: No, it’s not.

MR. WEINBERG: — would want to try to find a resolution to it.

THE COURT: That is true, and that’s what I said. I don’t think it has any relevance to this proceeding unless it is to establish that indeed Mr. Miscavige is the ecclesiastical head of the church, including — including Flag.

MR. WEINBERG: He’s the ecclesiastical — he’s the ecclesiastical leader of the churches of Scientology.

THE COURT: Right.

MR. WEINBERG: The religious leader of the Church of Scientology.

THE COURT: Well, ecclesiastical leader and religious leader are the same thing.

MR. WEINBERG: Right. Same thing. He happens to be the chairman of the board of an organization called RTC, but he’s the ecclesiastical or religious

0534

leader of Scientology.

THE COURT: Right.

BY MR. DANDAR:

Q  Mr. Prince, is Mr. Miscavige the leader of all of the Scientology churches as — because he’s the COB of RTC or because he’s the captain of the Sea Org?

A  Because he’s the captain of the Sea Org.

Q  When Mr. Miscavige was the captain of the Sea Org and the COB, of the for-profit corporation Office Services, Inc., ASI, was he the head of all of the churches of Scientology as well?

A  Well, again, as your Honor correctly pointed out, Mr. Hubbard was alive at that time.

Q  Oh, okay.

A  Shortly after Mr. Hubbard passed, that was certainly the situation for a moment.

But immediately upon the death of Mr. Hubbard and the ousting of Pat and Annie Broeker, Mr. Miscavige assumed control of Religious Technology Center.

Q  All right. And did he do that because he was the chairman of the board of ASI or the captain of the Sea Org?

A  Because he was the captain of the Sea Org. You know, everything is done in the Sea Org with missions.

MR. WEINBERG: Your Honor, could he just answer —

0535

THE COURT: Yes. He’s answered the question.

MR. DANDAR: Judge, I have a document — actually, it’s a notice of filing. I’m going to have to have the clerk mark this notebook. And —

(A discussion was held off the record.)

THE COURT: All right. We’ll go ahead and take our morning break since it’s very close to that time. We’ll be in recess till 11:30.

(A recess was taken at 11:17 a.m.)

(The proceedings resumed at 11:37 a.m.)

THE COURT: You may continue.

MR. DANDAR: What I had marked and what I was about to hand the witness and the court, and not have to make an extra copy for Mr. Weinberg — which I didn’t because, quite frankly, he has all this, but I understand what he’s saying. He should have the same thing I’m handing — and that’s fine.

We’ll get that done over the lunch break — is Exhibit 130. It’s a compilation of documents, statements and depositions of staff.

But I’m only going to ask this witness about J, which is the narrative investigation of Detective Carrasquillo, April 15th, 1997.

MR. WEINBERG: I object to the use of this

0536

document. It’s just — it’s a — it’s not a sworn statement; it’s not a sworn statement of a witness. It’s just her — it’s a hearsay account of what she claims — I guess summarizes what somebody would have told her. That’s not evidence.

THE COURT: Well —

MR. WEINBERG: It’s not — certainly not for — I think where he’s going is that he’s offering it for the truth of the matter asserted. And it’s pure hearsay.

THE COURT: Well, it would be true hearsay if he’s offering it for the truth of the matter asserted, but I don’t know what he’s going to ask this witness. So let’s hear it.

MR. WEINBERG: All right.

BY MR. DANDAR:

Q  Mr. Prince — of course, we obtained this document, you know, a year after your affidavit of August of ’99 —

A  Mm-hmm.

Q  — when this was made a public record —

But in paragraph 3, the interview summary of Mr. and Mrs. Ortner, O-r-t-n-e-r, indicates that Mr. Miscavige was staying at the Ft. Harrison Hotel —

MR. WEINBERG: That’s what I’m talking about,

0537

your Honor.

BY MR. DANDAR:

Q  — while they were there, around November 20th of 1995.

Do you — here’s my question: Do you know of circumstances or other occasions when Mr. Miscavige would stay at the Ft. Harrison Hotel?

A  Yes, I do. Again, I’ll refer to the — to the video that was played the first day of my testimony where we were having a New Year’s Eve event. He would be there for that. He would be there for March 13th, which is  L. Ron Hubbard’s birthday. They normally have an event at the —

MR. WEINBERG: Are you talking about a specific year?

A  — and —

THE WITNESS: Excuse me?

MR. WEINBERG: About a specific year?

THE WITNESS: No. I’m talking — he asked me a question of when normally he would be there. I’m talking about —

MR. WEINBERG: All right. My objection is the question was whether he stayed there, not whether he was there. Big difference. And in this case there is no — I mean, if this is being offered that Mr. Miscavige was in Clearwater in November or

0538

December of 1995, it’s pure hearsay. And he wasn’t. And if he was —

THE COURT: I didn’t hear —

MR. WEINBERG: — he would have obviously — the state attorney would have done some investigation on it if that were the case. And it’s not the case.

But the question was whether he — whether Mr. Miscavige ever stayed at the Ft. Harrison Hotel, and Mr. Prince is talking about whether Mr. Miscavige was ever at the Ft. Harrison Hotel, which is completely different.

BY MR. DANDAR:

Q  How did you understand the question, Mr. Prince?

A  I understood the question as to at what times would Mr. Miscavige likely be at the Ft. Harrison.

Q  Okay. All right. Well, let’s —

THE COURT: I think that has some relevance, if it was anytime around — in and around the time of Lisa McPherson’s stay at the Ft. Harrison.

BY MR. DANDAR:

Q  So what events would he normally routinely come to in the Ft. Harrison?

A  There would be auditor’s date —

Q  Which is —

0539

A  — which is sometime in September; there would be IAS —

Q  What’s IAS?

A  Excuse me. International Association of Scientologists. They have an event in the summertime, I think, that’s around June or something like that, they have an IAS event. The New Year’s event. L. Ron Hubbard birthday event.

Q  Which is March?

A  March 13th.

Some of the more common times that I can think of that he would be there.

Q  What about non-Scientology holidays such as Thanksgiving?

A  Not likely —

Q  Okay.

A  — in my experience.

Q  Okay.

THE COURT: And the reason he would be at the Ft. Harrison Hotel as opposed to someplace else is because it’s the mecca of all —

THE WITNESS: Yes, your Honor.

The Ft. Harrison is a very beautiful hotel.

THE COURT: Is that — mecca of all technology — mecca of all technology?

0540

THE WITNESS: Yes, your Honor.

BY MR. DANDAR:

Q  Was —

THE COURT: Now, on a New Year’s event, I thought he was out in California on the tape that I saw.

THE WITNESS: No, your Honor. That was right in the Ft. Harrison.

THE COURT: Oh, it was?

MR. WEINBERG: You’re talking about two different tapes. The tape that you saw was California. The tape that Mr. Prince was in, was —

THE COURT: In Clearwater.

MR. WEINBERG: — in the Ft. Harrison.

THE COURT: Okay.

MR. WEINBERG: That was — Mr. Prince was 20 years ago; your — I don’t know when it was. 2000.

THE COURT: Okay.

MR. DANDAR: It was less than 20 years ago.

BY MR. DANDAR:

Q  But anyway, do you — do you have any recollection of Mr. Miscavige staying at the Ft. Harrison Hotel rather than just showing up for an event?

A  Well, when I testified earlier about Mr. Miscavige and myself, Vicki Aznaran, you know, the regular crew coming

0541

into the Flag Service Organization and rearranging and declaring some people, we stayed there at that time.

I mean, you know, whenever Mr. Miscavige would come to the Clearwater area, as well as myself, we always stayed at the Ft. Harrison Hotel.

THE COURT: What were the dates that Lisa McPherson was at the Ft. Harrison?

MR. DANDAR: November the 18th of ’95 through December the 5th of ’95.

THE COURT: Do you have any information that would say that David Miscavige was or was not at the Ft. Harrison Hotel on those dates?

THE WITNESS: Your Honor, beyond what Mr. Dandar is presenting here today, I do not.

THE COURT: So regardless, if it weren’t for that hearsay document, you have no firsthand knowledge or other way of knowing whether he was there or not.

THE WITNESS: Correct.

THE COURT: Okay.

BY MR. DANDAR:

Q  Mr. Prince, one thing I wanted to ask you about that’s out of sequence, and that is after you left the Church of Scientology in 1992, did you have occasion after that time to consult with Scientology attorneys?

0542

A  Yes, I did. I was contacted by Mr. Mike Sutter, who worked in the Scientology — worked in the Religious Technology Center. He told me that he wanted me to meet with Mr. Earle Cooley concerning ongoing church litigation.

Q  And who is Mr. Cooley?

A  Mr. Earle Cooley was lead counsel for Scientology during the early ’80s.

Q  And what date or what month and year was this that Mr. Sutter asked you to meet with Mr. Cooley?

A  You know, to the best of my knowledge, I do believe it was 1994.

We met in Boston.

Q  What was the purpose of that meeting?

A  Well, I thought I was going to go there to speak about current legal cases, because that’s what they told me they wanted me to speak about. But in fact, when I got there, it became quite a different show. They wanted me to reaffirm for them the fact that — you know, the — under the — reaffirm the conditions under which I left Scientology, the documents and things that I was — felt obligated to sign to leave. They wanted to update all of that again.

So they recorded me and — And I — and I guess I also found out that they were having trouble in the Wollersheim 4 case, in that —

0543

and they wanted to know if persons such as Vicki Aznaran, Lawrence Wollersheim, any attorneys, had contacted me to give testimony concerning Scientology.

Q  And as of that time, had anyone contacted you?

A  No.

Q  And did they pay you for your time?

A  Yes.

Q  How much?

A  I think it was 28- — 27-, $2,800.

Q  Was that the last time you were consulted by any representative of the Church of Scientology on matters such as that?

A  I believe so.

Q  Okay. Now, Mr. Prince, you —

MR. DANDAR: And I am going to be jumping around here.

THE COURT: You said this was 1994?

THE WITNESS: Yes, your Honor.

BY MR. DANDAR:

Q  All right. Let me show you Plaintiff’s Exhibit 131. And I have highlighted certain portions of it. I’m going to direct your attention to certain areas.  First of all, can you identify this document?

A  Yes. This is another Scientology issue type.

It’s called an executive directive. And this is an

0544

executive directive concerning senior HCO Int. And it concerns security situations and threat handlings.

Q  Now at the top it has references, and it has a bunch of HCO policy documents. Is that what — am I reading that correctly?

A  Yes. There’s four HCO policy letters. The FO — there’s one Flag order; there’s one SPD, which is a Scientology policy directives; two more HCO PLs, another SOED, that’s a Sea Org executive directive; and a couple of more policy letters.

Q  Okay. And the references for like the Sea Org executive director 4234 international, it says, “Coordination on security and investigation matters, suppressive acts.” Do you see that?

A  Yes, I do.

Q  Did I read — maybe I didn’t read that right.

A  Well, suppressive acts is the HCO PO, 23 December, ’65.

THE COURT: What does HCO stand for?

THE WITNESS: Hubbard Communications Office.

BY MR. DANDAR:

Q  And the last HCO policy of October 27th, 1964 talks — or concerns physical healing, insanity and sources of trouble. Do you see that?

A  Yes, I do.

0545

Q  All right. What does this document, mentioning insanity and healing and sources of trouble, have to do with security?

A  Well, when you have a — an insane person or a source of trouble, potential trouble source within a Scientology organization, according to its policies, this is a source of great potential trouble for an organization, be it a Sea Organization or regular Scientology organization, and these gives — it gives the steps of prevention and handling.

Q  Is “handling” a word that is used in the policies?

A  Yes.

Q  And in this particular checklist, it talks about — the second paragraph, where I’ve highlighted, uses, “Make sure the situations are actually handled.”

A  Right.

Q  Now, turn to page 2, letter G.

A  Okay.

Q  First of all, this list is below a paragraph that says the types of security situations, am I reading this correctly, where it says, G,”Attempted suicide cases or PTS Type IIIs and any external or antagonistic connections to these –” are these security issues?

A  Absolutely.

Q  Do you have an opinion whether or not this

0546

particular checklist would come into play in reference to the Lisa McPherson matter, in November and December of ’95?

A  This — the date of this issue is the 11th of May, 1991, and it’s basically instructing the divisions within Scientology organizations to coordinate with OSA — Office of Special Affairs — to deal with the  situations listed A through O, Type III — PTS Type IIIs being one of them, PTS Type III being the Scientology term for a psychotic.

Q  Mr. Prince, this is, as you said, dated May, 1991.

Does it surprise you that it references policy letters that are written in 1959 and 1964 and 1968, et cetera?

A  No. The words of L. Ron Hubbard are eternal to Scientology.

MR. DANDAR: I’d like to move Exhibit 131 in evidence.

THE COURT: Any objection?

MR. WEINBERG: No objection. I don’t know what the relevance is, in light of the fact that there isn’t anything about RTC in this document.

THE COURT: It’ll be received.

BY MR. DANDAR:

Q  All right. And Mr. Prince, let me show you Exhibit 129. I don’t have an extra copy here, for some reason. Oh, I do. Okay.

0547

Remember yesterday we talked about in order to get the injectable Valium prescriptions and the chloral hydrate prescriptions from drugstores, you talk about staff — somebody filling out what’s called a CSW, completed staff  work?

A  Yes.

Q  All right. This document, Plaintiff’s Exhibit 129, do you know where this comes from?

A  Yes. This comes from the Hubbard Administrative Dictionary, which is a dictionary that defines administrative terms used in Scientology organization.

Q  Okay. And the definition of completed staff work, does that fit within your understanding of what you testified to yesterday?

A  Yes, it does.

MR. DANDAR: Like to move 129 into evidence.

THE COURT: It’ll be received.

BY MR. DANDAR:

Q  Also Mr. Prince, you mentioned several times today that — when I was asking you about bypass and Mr. Miscavige’s role, you mentioned you had prior declarations. Let me show you Plaintiff’s Exhibit 132.

First of all, what is 132?

A  This is a supplemental declaration that was submitted in the Los Angeles courtrooms on behalf of

0548

plaintiff Lawrence Wollersheim.

Q  And this is your declaration?

A  Yes, it is.

Q  It’s dated December 22nd, 1999?

A  Yes.

Q  Is this one of the declarations you were referring to when you said you — in your testimony today, that you had previously filed declarations on the matters that we talked about?

A  No.

Let me just scan it here real quick.

Q  All right.

A  Well, yeah. I think right — starting on page 2, under the subtitle Sea Organization, I talk about Scientology missions, meaning, you know, a group of people going into an organization, taking it over. I talk about that.

Q  And on page number 40, you talk about —

MR. WEINBERG: Your Honor, I object to this. Why are we doing this? Mr. Dandar can ask him questions, but this is just a hearsay — I mean, this is an affidavit. He’s on the stand. I mean, if there’s something he wants

to ask him about, he can ask him, instead of saying, “On paragraph such and such it says such and such.”

0549

THE COURT: Well, I would normally tend to agree with you, except we have affidavits, prior declarations of so many people in this case, I don’t know why I would keep the prior declaration of Mr. Prince’s out.

BY MR. DANDAR:

Q  But Mr. Prince, the command channels and structure of the hierarchy of the Church of Scientology in this declaration, Plaintiff’s Exhibit Number 132, is it any different than your testimony than you’ve given in

this case today?

A  No, it is not.

Q  Is it any different than your — and the reason why you reached the opinions you reached in August of 1999 concerning David Miscavige’s role in Lisa McPherson’s death?

A  No, it is not.

MR. DANDAR: I’d like to move 132 into evidence as Plaintiff’s Exhibit 132.

THE COURT: I’m going to receive it over objection, just as a prior affidavit that —

MR. WEINBERG: Right. I mean, I — the objection would be, normally, just buttressing his testimony.

THE COURT: That is true. In other words, that would be exactly right. And that would be proper

0550

objection, not hearsay or —

However, I’m going to let it in.

BY MR. DANDAR:

Q  All right. Now, Mr. Prince, have you worked with Mr. Michael Rinder in your tenure in Scientology?

A  Yes, I have.

Q  And what did — how did — under what circumstances?

A  Mr. Rinder was a member of the watchdog committee during my tenure at RTC. He was a member of the watchdog committee, a commodore’s messenger, and he worked for the corporation the Church of Scientology International.

Q  What is the watchdog committee?

A  The watchdog committee are the principals of the Church of Scientology International. The principals of each sector and section of Scientology — if you look at a Scientology org board, you will — you will see it’s broken down into certain sections and sectors. One — one sector of Scientology is Scientology International. That means all of the organizations that are not Sea Org organizations and are not missions.

So you would have a WDC member, a watchdog committee member, for the Scientology organizations. Then you’d have a WDC member or a watchdog committee member for the Sea Organization. You would have a watchdog committee

0551

member for SMI, S-M-I, Scientology Missions International, et cetera, et cetera.

Q  And who is the head of that watchdog committee?

A  The chairman of the watchdog committee, during the time — my tenure in Religious Technology Center, was Mark Yeager.

Q  And did Mr. Miscavige serve on that board as well?

A  No, he did not.

Q  Okay.

A  That board reported to Mr. Miscavige.

Q  So Mr. Miscavige was above that board?

A  Correct.

Q  Now, Mr. Prince, based upon your experience and expertise in Scientology, do you have an opinion as to why Michael Rinder was meeting with Bob Minton to try to get the McPherson case dismissed, as early as 1998?

MR. WEINBERG: Objection to the — I mean, this is pure speculation. It is — it’s — I think it’s improper opinion testimony. He says that he has some expertise — which we have challenged, you know, for a number of
reasons — with regard to the religious technology.

Now he’s going to be speculating as to why someone would have been meeting with Mr. Minton? Mr. Minton’s testified regarding that; Ms. Brooks

0552

has testified in regard to that meeting at length.

THE COURT: I — I understand. We’ve had some opinions in — I don’t know why we wouldn’t listen to his, too. I mean —

MR. WEINBERG: I — it’s more frustration than anything.

That’s my objection. I understand that you’re overruling it, and I just wanted to —

THE COURT: All right.

MR. WEINBERG: Thank you.

A  Sorry. I don’t remember the question.

BY MR. DANDAR:

Q  Why would Mr. Rinder —

First of all, is Mr. Rinder part of the Flag Service Organization?

A  To my knowledge, he is not.

Q  Do you have an opinion as to why Mr. Rinder would be meeting with Mr. Minton, as early as 1988, and of course in 2002, to get the Lisa McPherson case dismissed?

A  Certainly I have an opinion, based on experience. Because like the Wollersheim case that happened here, and the Mayo case, any major case that’s being litigated in the United States, irrespective of the corporation, the decisions, the planning and the execution of legal is done with OSA — Office of Special Affairs, David Miscavige,

0553

Marty Rathbun.

Q  All right.

A  Lyman Spurlock if it — if it involves corporate. Lyman Spurlock was an expert on corporate entities.

THE COURT: Who is Mr. Rathbun? What is his capacity?

THE WITNESS: Mr. Rathbun has had many capacities. Prior to coming into the Religious Technology Center, he was what was called a client affairs; legal client affairs. And he handled the legal affairs for the publishing aspect for Mr. Hubbard in Author Services. When he moved to Religious Technology Center, he became the inspector general for ethics. Ethics —

THE COURT: Is that what he is now?

THE WITNESS: I’m not sure what he is now —

THE COURT: Okay.

THE WITNESS: — your Honor.

But that position handles all legal PR and intelligence as part of its duties for Scientology organizations.

THE COURT: And do I recall correctly — I know we’ve had a vacation, and frankly some of this has escaped me —

Is Mr. Rinder the head of OSA?

0554

MR. DANDAR: Well, Mr. — at one time, Mr. Shaw, who is the head of OSA here, was — testified that he reported — his senior was Mr. Rinder. What his title was to be Mr. Shaw’s senior, I don’t know.

THE COURT: Well, OSA would have a —

Okay. I believe there’s testimony about that in this hearing that he is the head of the Office of Special Affairs. I think. Maybe not.

MR. DANDAR: All right.

THE COURT: Which includes legal.

THE WITNESS: Yes.

MR. DANDAR: Right.

BY MR. DANDAR:

Q  Now, Mr. Prince, let me show you what’s already in evidence as Plaintiff’s Exhibit 110, known as KSW News. And if you could, I’m going to —

THE COURT: I don’t know — I allowed the answer, but I don’t know what the answer was. I mean, the answer —

MR. WEINBERG: Mr. Shaw can explain it to you.

THE COURT: No. What — what I think — he went off to tell us about Mr. Rathbun. I think the question was why would it have been — why would Mr. Rinder have been called to this meeting. And

0555

is — what is your answer?

THE WITNESS: Right. Because Mr. Rinder would have been in that position, the senior person within the OSA network. And OSA operates on a statistic, just like other departments and sections within the Scientology organization operate on. And a statistic for the OSA would be a threat handled; a threat being a lawsuit or a person that was perceived to be an adversary against Scientology or taken an adversarial position against Scientology.

So getting rid of a lawsuit would be something that would improve conditions, you know, a statistic going up. That would be a good thing for them.

So — and that’s what they focus and concentrate on, handling legal situations.

BY MR. DANDAR:

Q  OSA.

A  Yes.

Q  All right. The KSW News, if you open up to the little — I believe it should be in the middle — there is a list of matters that need to be reported up lines to RTC.

A  Yes.

Q  Do you see that?

A  Yes, I do.

Q  And there’s an arrow that I drew —

0556

THE COURT: You all are too loud back there. Go ahead.

BY MR. DANDAR:

Q  — next to PTS Type III?

A  “Any person who acts PTS Type III, potential trouble source.”

Q  Okay.

A  And that is of concern.

Q  Does PTS Type III include people who are psychotic as well as people who want to leave? A  Correct.

Q  Now, this publication, when was it published?

A  1994 —

Q  And —

— is when the copyright notice is on it, RTC copyright notice.

Q  All right. So it certainly wasn’t published after Lisa McPherson died in ’95.

A  No, it was not.

Q  Now, this reporting up lines of PTS Type III to RTC, was that in effect when you were an active Scientologist?

A  Yes, it was.

MR. WEINBERG: Well, excuse me. What does that mean, an active Scientologist? When he was —

0557

BY MR. DANDAR:

Q  Prior to ’92. Prior to you actually leaving —

MR. WEINBERG: When you were at the RTC?

THE WITNESS: Yes. Yes, it was.

BY MR. DANDAR:

Q  Now, these meetings that you had with David Miscavige and Rathbun and Mithoff, Aznaran and others, you said there was a certain agenda?

A  Correct.

Q  And that the top of that agenda for each of these meetings was what?

A  Flaps.

Q All right. What was —

A  And what the handlings were.

Q  — the next —

How they were handling the flaps?

A  Yes.

Q  What was the — give us a list of — in priority of each meeting.

A  Flaps and handlings. Then statistics, go over the statistics of the departments, the divisions. Then you talk about — the next thing is talk about wins.

Q  Wins.

A  Wins. You know, successes. Scientology successes. Successes on the job, successes within the

0558

organization.

Q  And how often would these meetings occur?

A  Once a week.

Q  And this is just a meeting of people who were at RTC?

A  No. This is a pattern that is continued throughout the majority — all of Sea Org organizations.

Q  That includes Flag?

A  Yes.

Q  And back in —

MR. WEINBERG: Your Honor, could I — the question was about Mr. Miscavige, and the answer obviously was way broader. You’re not — I don’t think Mr. Prince was saying Mr. Miscavige was having meetings on a weekly basis at all the Scientology organizations.

THE WITNESS: No, no. That’s not —

THE COURT: He’s saying, when he was a member and he would meet with these people, what was their agenda? That’s all —

MR. WEINBERG: Right. No — but then the next question was — then what he said was, “And this is done in all Scientology organizations,” which means — I think what he meant was there’s meetings every week in Scientology organizations with people

0559

in the org. That’s what —

THE WITNESS: The pattern of flaps and handlings, statistics and wins, is a pattern that every Sea Org organization has in their meetings, their weekly meetings. Miscavige isn’t at those meetings. I —

BY MR. DANDAR:

Q  But at the meetings that you had and you participated in with Mr. Miscavige, were these meetings — when you say flaps, were they just — my question was, did they just concern RTC or was it flaps —

A  No.

Q  — of what —

A  When RTC has a meeting about flaps and handlings, it could include any aspect of the Scientology empire. It could include the FSO; it could include the organization in Australia if there was a threat in Australia of some org getting ready to be closed down, or if one of the Scientology organizations were raided in Greece or whatever.

You know, it could be anyplace.

Q  All right.

A  Because the problems were existing — in the lower organizations, their flaps —

THE COURT: You need to get to the point.

In your opinion, as somebody who was with — in

0560

RTC, at the time you were there, would the Lisa McPherson situation have been discussed at one of those meetings.

THE WITNESS: Yes, your Honor.

THE COURT: All right.

BY MR. DANDAR:

Q  Is there any doubt about that?

A  No. And as I was getting ready to say is, the reason being is the lower organizations have to report to the higher organizations. The higher organizations have to approve the handlings for the flaps; have to verify the statistics. Then it goes to the next organization, who’ll do the same thing. And by the time it gets to RTC, it’s pretty much confirmed what the lower organization is saying.

And maybe the handlings may be modified, but you know, they’re pretty much all on the same page.

Q  Is there any doubt in your mind — as you sit here today, do you question your opinions that you reached in your August, ’99 declaration concerning the involvement of Mr. Miscavige in the Lisa McPherson as a PR flap?

A  No. I haven’t changed my opinion one bit.

Q  And is that opinion solely your opinion or are you being influenced by anyone to make that opinion?

A  I base my opinions on my personal experience, what I’ve observed, the written word of L. Ron Hubbard.

0561

Q  All right. Now, let’s jump now to 2002. The — we left off with your meeting — I believe you said you had this rather un- — not unpleasant, but bad — heated words were exchanged at that hotel, the Radisson on Clearwater Beach, when you met with Mr. Minton and Ms. Brooks. Do you recall that?

A  Yes, I do.

Q  And Ms. Brooks walked out to the parking lot with you?

A  Yes.

Q  All right. I want to pick up from there.

When is the next time you recall having further conversation with Ms. Brooks or Mr. Minton?

THE COURT: What — do we have the date on that?

MR. DANDAR: April the 14th.

THE COURT: Okay.

A  The last —

MR. WEINBERG: I don’t think he said that —

MR. DANDAR: Yeah. April the 14th.

THE COURT: Well, he said the dates were as they were in his affidavit, ’cause he sat down with a calendar.

MR. DANDAR: Right.

A  The next time that I talked to them, I think, was

0562

maybe a week or some days later, when they were staying at another hotel — oh, wow. Windham, the Hyatt Windham Hotel. I called and spoke to Bob and asked if he wanted to come by to the — ’cause I was having a barbecue.

MR. DANDAR: All right. And Judge, just for the record, I am looking at his April, 2002 Jesse Prince affidavit.

THE COURT: All right.

MR. DANDAR: His handwritten note is April 14th, that’s attached, 2002.

BY MR. DANDAR:

Q  Mr. Prince, the handwritten note, did you write that when you met with me and Mr. Lirot?

A  Yes, I did.

Q  Okay. And after that is when —

Maybe I’m confused. Let’s hold on.

After that is when you had the dinner with Mr. Minton?

A  After I wrote this handwritten note is the Sunday that I met with them at the Radisson.

Q  Is that when you had that heated conversation —

A  Yes.

Q  — at dinner?

A  Yes.

Q  Was that — were you supposed to meet Mr. Rinder

0563

that day?

A  Correct.

Q  And who told you that?

A  Mr. Minton, Mrs. Brooks.

Q  And did you meet with Mr. Rinder on April 14th, 2002?

A  No, I did not.

Q  Why not?

A  Because it was deemed by Mr. Minton that I was not ready, because I was not willing to perjure myself.

Q  And who told you that?

A  Mr. Minton.

Q  How did he want you to perjure yourself?

A  He wanted — he wanted me to come in and say that you influenced me to write the August, ’99 declaration that I did; that you put words in my mouth. And he wanted me to say that some meeting occurred where Mr.  Minton was at, where you talked about adding David Miscavige on as a party.

And he kept using this term of, like, “You have to walk with us on this because we’re going to show you what to do. You know, we’re the A team. We got to be together on this. There can’t be any breaks. This is what we’re doing. This is what I’m saying. This is what you need to do to back it up.”

Q  How did you respond?

0564

A  “I absolutely will not do it.”

Q  Did Mr. Minton ever indicate to you that he knew that he was lying?

THE COURT: Could I ask —

Just one more minute.

What you’re saying — which affidavit is it that they — they, meaning Mr. Minton — wanted you to say Mr. Dandar influenced you to write?

THE WITNESS: The one where I wrote that Miscavige had knowledge and culpability in Lisa McPherson’s death.

THE COURT: The one that dealt with the change — or the amendment of the complaint. Is that the one he’s talking about?

MR. DANDAR: Yes. That’s the one he’s talking about.

THE COURT: That would have been the first affidavit he filed maybe in this case? Well, it doesn’t matter.

MR. DANDAR: No. The first one, I think, was the PC folders.

THE COURT: I know which one you’re talking about.

THE WITNESS: It was the second one.

MR. DANDAR: It’s the August, 1999 affidavit.

0565

THE WITNESS: Right.

THE COURT: And he also wanted you to state —

THE WITNESS: That Mr. Dandar had had a meeting with myself, Mrs. Brooks, Dr. Garko, Mr. Minton, to discuss adding Mr. Miscavige on as a party.

THE COURT: Right.

THE WITNESS: And apparently Bob was saying, you know, and we have to say that Mr. Dandar said that the meeting never happened, and you know, we were adding on Miscavige basically to try to force Scientology into a settlement position.

BY MR. DANDAR:

Q  Was any of that true?

A  No.

THE COURT: Could we find out, since that does seem to be an issue here, what he remembers about whatever meeting there was to discuss adding Mr. Miscavige as a party? Or are you not ready for that, or are you not going to go there, or —

MR. DANDAR: Well, I’m trying to not invade my work product as much as possible. But it is an issue, and so I didn’t — We can ask him that question.

THE COURT: All right.

MR. DANDAR: I just don’t know how far I want

0566

to invade my work product.

BY MR. DANDAR:

Q  But Mr. Prince, do you recall having any meeting with me, Dr. Garko and Stacy Brooks about adding on David Miscavige —

THE COURT: I’m not going to let them get into the extent of the discussion necessarily, other than what we’ve done thus far in this hearing, which is who was there —

MR. DANDAR: Okay.

THE COURT: — and was there a discussion about adding Mr. Miscavige, and who was in favor of it and who wasn’t? That’s pretty much all that’s been discussed.

MR. DANDAR: All right.

THE COURT: And it’s been discussed by a lot of witnesses —

MR. DANDAR: Yes.

THE COURT: — Stacy Brooks, Mr. Minton, Mr. Garko, you.

MR. DANDAR: All right. So — That’s fine.

BY MR. DANDAR:

Q  So was there such a meeting?

A  There was a meeting between you, myself,

0567

Mrs. Brooks, Dr. Garko, where we discussed — and I mean, my recollection is there’s been more than one time that we  discussed this — about adding Mr. Miscavige on as a party.

Q  Was Mr. Minton ever at any of those meetings?

A  No, he was not.

Q  Do you have any idea why Mr. Minton would tell you, when you met with him in April, why he wanted to say he was at a meeting to add on David Miscavige?

A  Because the idea was —

MR. WEINBERG: Objection. If it’s something Mr. Minton told him, fine. But otherwise it would just be pure conjecture.

THE COURT: That’s true. If it’s something Mr. Minton told him, then he can discuss it.

Go ahead.

A  Okay. The idea that Mr. Minton told me is Scientology had several things that they wanted Mr. Minton to do. These were in conjunction and coordination with things that could be done to get the case dismissed. Specifically, going after you. Specifically, you were to be made the target of whatever stack of papers that Scientology provided to Mr. Minton. There was five or six things that they wanted him to do in relationship to you only. And you were the obvious target —

0568

BY MR. DANDAR:

Q  Why?

A  — to —

Because they wanted to get you kicked off the case. Because they figured if they got you kicked off the case, then no other attorney would pick it up and the suit would simply go away.

Q  And Mr. Minton told you this.

A  Yes.

Q  And how many times did he tell you that?

A  Several.

Q  Did Mr. Minton ever indicate to you that he knew that what he was saying about me was not true?

A  Mr. Minton was in — in the — in the very beginning, Mr. Minton was in anguish over the — the prospect of — of lying on behalf of Scientology for — against you. Mrs. Brooks was in a panic and desperate frame of mind to do whatever it took to extricate Mr. Minton from just the assault that Scientology was enacting upon Mr. Minton. And she thought that it would be a good idea for Mr. Minton to cooperate with Mr. Rinder, with Mr. Rosen,  whatever they wanted, to get him extricated from the Scientology assault.

Q  Did Mr. Minton or Ms. Brooks tell you that —

Well, you said they — let me go back.

0569

You said something about Scientology gave Mr. Minton a stack of papers about what he needed to say against me?

A  Yes.

Q  What —

A  Or possible things to go into. And that’s the stuff that came from the Adams Mark Hotel, after we had the meeting, after I went to see him again, after he lied the first time on the stand.

MR. WEINBERG: Well, objection.

A  And —

MR. WEINBERG: If this is —

THE COURT: Wait a minute.

MR. WEINBERG: If this is the same stack that Mr. Prince testified yesterday that he never looked at —

THE COURT: Right.

MR. WEINBERG: — so how’s he going to answer questions about what was in the stack?

THE COURT: He’s not answering questions about what was in the stack. He’s talking about what  Mr. Minton told him. That’s all he’s supposed to  testify about.

MR. DANDAR: That’s what he’s doing.

MR. WEINBERG: Well —

0570

BY MR. DANDAR:

Q  You didn’t look at the stack of papers, right?

A  No, I did not.

Q  So how do you know what was in the stack of papers?

A  ‘Cause he told me. There were five to six things in there that Scientology wanted him to do against you, and you specifically, and you only.

Q  Okay.

A  And two of them were the check. You know, somehow saying that you caused him to perjure himself concerning the check. And then the meeting. These were two very important issues to —

You know, I can’t say that I fully understood it because I’m not a lawyer, but this was very important that they executed in that way.

Q  Okay. And let’s talk about the check, all right?

A  Okay.

Q  Did Mr. Minton ever tell you that — after he met with Scientology, did he ever tell you that the check was from him; that May, $2,000 (sic) check for $500,000?

A  At that time he did.

Q  All right. Did you have any conversation with him as to why he told you something different on the roof of the parking lot across from the Lisa McPherson Trust office?

0571

MR. WEINBERG: Objection. Asked and answered. He talked about that yesterday.

THE COURT: I think he did.

MR. DANDAR: Did he?

THE COURT: Yeah, I believe he did.

MR. DANDAR: All right. Okay.

THE COURT: Do you remember — sometimes one day bleeds into the next. I do know he talked about being on the roof of the parking lot, and I do know he talked about Mr. Minton telling him something different. Did he — Did you discuss yesterday with us why Mr. Minton said he was telling a different story now? I don’t remember.

THE WITNESS: Well, yes, your Honor. Your recall is actually quite correct. Because you yourself asked me, “Well, what did they say,” when I  brought up the fact that we had been on the roof. And he had told us this whole different story. And you asked me, “Well, what did they say,” and I said that, “They just looked at me stupidly.” But of course —

THE COURT: So is the answer then he really didn’t say anything about this difference —

THE WITNESS: Right.

0572

THE COURT: — that you’re telling that —

MR. WEINBERG: Changed the subject.

THE COURT: Changed the subject.

THE WITNESS: Right.

THE COURT: Okay.

BY MR. DANDAR:

Q  Did you ever talk to him again about the check, or was that the last time?

A  I think that is the last time I spoke to him about the check.

Q  Okay. Did you have any other conversations with Mr. Minton or Ms. Brooks about trying to get you to lie and go down the road with him, as you say?

A  Well, I had continuing conversations with them after negotiate — after they had the negotiations in New York and then began the negotiations — continued the negotiations in Clearwater.

MR. WEINBERG: Well, my objection, your Honor, is he went over all this yesterday.

MR. DANDAR: Right.

MR. WEINBERG: I mean, now we’re going back and we’re going to go repeat what happened yesterday.

THE COURT: That’s true. I think we really were, yesterday, up to the point of this forward meeting.

0573

MR. DANDAR: That’s right.

THE COURT: Although frankly, you never did discuss the meeting where there was a discussion to have Mr. Miscavige added. And I think he’s done that now.

MR. DANDAR: Yes, he has.

THE COURT: Right. And — and that was the second thing. And I — I think now you’ve explained that. So you can go — I shouldn’t say you — Mr. Prince can explain what.

THE WITNESS: There was something I left off about Mr. Miscavige — adding Miscavige as well, in the discussions that I had with Mrs. Brooks and Mr. —

THE COURT: Oh, yeah. I don’t believe he’s ever discussed with us what his discussions with Mr. Minton were about that.

THE WITNESS: Right.

THE COURT: So you might want to.

MR. DANDAR: Oh.

THE WITNESS: Right.

MR. DANDAR: Okay. Go ahead.

THE WITNESS: As you well know, and certainly Mr. Weinberg well knows, we all sat before Judge Moody forever on this issue of adding David

0574

Miscavige as a party. We discussed this back and forth.

MR. WEINBERG: “We” being —

THE WITNESS: The judge said a key question to be asked was, is was that anything I wanted to have happen? The answer is no. I was not in favor of  adding David Miscavige. I thought it would drag  down the lawsuit and just be cumbersome.

THE COURT: That’s you. You were not in favor of adding him.

THE WITNESS: Right.

But in discussions about this, it was decided to do it anyway, and it was decided because this is  what Ms. Liebreich wanted to do. But we discussed this. And my — my thing with Mr. Minton as we were  talking about this when they were trying to get me to do this, is when the record is so obvious why and how that happened, why are you now trying to say it’s just all Ken’s fault, when Mrs. Brooks was the one that was really wanting this to happen; wanting to add Miscavige? So we talked about that.

BY MR. DANDAR:

Q  Okay.

0575

THE COURT: And what did he say?

MR. WEINBERG: Excuse me. Talked about it when, then?

So now it’s Ms. Brooks or Ms. Liebreich that wanted this to happen. I mean, I —

THE COURT: No. No. I understand this. Wait till you get the transcript.

MR. WEINBERG: I’m sorry.

THE COURT: It’ll be very clear to you. Don’t  get all flustered.

MR. WEINBERG: I’m not flustered.

THE COURT: Yes, you are.

MR. WEINBERG: I’m hungry.

THE COURT: I’m hungry too. We’re going to stop at 12:30. Did you say you were hungry?

MR. DANDAR: That’s what he said.

MR. WEINBERG: That’s what I said.

MR. DANDAR: That’s a new objection.

THE COURT: Just so we see if the testimony’s consistent —

At this meeting, Jesse Prince was not in favor of adding Mr. Miscavige; Stacy Brooks really wanted to add David Miscavige. What about Dr. Garko?

THE WITNESS: Dr. Garko was hesitant about it.

And —

0576

THE COURT: Okay.

THE WITNESS: And Mr. Minton didn’t care one way or the other. I mean —

THE COURT: I thought Mr. Minton wasn’t there.

THE WITNESS: You know, later, when we discussed it, when, you know, Stacy — we went to the office. And Stacy says, “Well, I think, we’re  going to do this,” and he’s, like, “Yeah, okay. So what?” Because Mr. Minton always — you know, he was concerned about what he was doing. Mr. Minton  wasn’t concerned with what Mr. Dandar was doing  or — or what Mr. Prince was doing or Mr. Brooks  (sic). He had his own agenda. When he came down  to — here in Florida, he would be more concerned  about what he was doing.

BY MR. DANDAR:

Q  Well, was there a meeting with Mr. Minton?

A  No.

Q  Well, what are you talking about when you said Minton — Mr. Minton didn’t care?

A  I recall Stacy Brooks and myself having a conversation with Mr. Minton, mentioning the fact that we were doing this.

Q  Oh, okay. Was I there, or Dr. Garko?

A  No.

0577

Q  All right.

A  No. And he’s like, “Okay. Where do you guys want to eat,” type of thing. You know, he just didn’t care.

“Okay.” You know, that’s — “Ken –” “Whatever.”

Q  Did Mr. Minton ever tell you he had an agenda?

MR. WEINBERG: Excuse me, your Honor, could we date that meeting?

MR. DANDAR: Yeah. Let’s date the meeting.

MR. WEINBERG: And where it was?

MR. DANDAR: Yeah.

THE WITNESS: When Stacy and I discussed it, I think it was probably — some — maybe a week or sometime prior to the fifth amended complaint actually being filed —

BY MR. DANDAR:

Q  Well —

A  — we discussed it.

Q  — there were several times that the fifth amended complaint —

MR. WEINBERG: Well, your Honor —

A  Well, okay. To answer the question, no, I don’t know when it was. I just know —

THE COURT: No. I think —

MR. WEINBERG: My objection was Mr. Dandar prompting him.

0578

THE COURT: No, he wasn’t prompting him.

There were several fifth amended complaints. I would like to know.

Was it the fifth amended complaint where Mashburn (sic) and — Rathbun — all those other people were added or was it the fifth amended  complaint that’s now the complaint?

THE WITNESS: Your Honor — I don’t —

THE COURT: Or do you know?

THE WITNESS: I don’t have a clear recollection of which —

THE COURT: Was this a discussion where it was decided to add Mr. Miscavige as, I guess, chairman of the board of RTC — I don’t know how — I’ve never seen that complaint — or was it before the discussion to add Mr.

Miscavige as head of the Sea Org?

THE WITNESS: I think it was after the discussion to add — after it had been resolved that Mr. Miscavige could be added as head of the Sea Org.

You know —

THE COURT: After it was resolved by whom? By Judge Moody?

THE WITNESS: Yes. By Judge Moody.

THE COURT: Then you had a discussion with

0579

Mr. Minton about this?

THE WITNESS: Yeah. I believe he, Stacy and I were in the car, traveling, and we talked about it.

THE COURT: Okay.

BY MR. DANDAR:

Q  So it was after the hearing we had, you said took forever, with Judge Moody?

A  I know that it became a serious possibility after we exhausted, in front of Judge Moody, every way of whether or not it would be correct or appropriate or even allowed to do it; coming in as head of the Sea Org, when Judge Moody said that it could — that he could be added as head of the Sea Org, not as COB because of that agreement.

Q  Right.

A  Which, you know, I didn’t even know about until after the fact.

MR. DANDAR: All right. Okay. Probably a good time to break for lunch, unless you have a question, Judge.

THE COURT: I think it’s a good time to break for lunch. We’ll be in recess — you know, an hour just isn’t enough. I need to make some phone calls and sign some things. We’re going to break until quarter till 2.
Court’s in recess.

MR. WEINBERG: And the same instructions to

0580

Mr. Prince.

THE COURT: Same instruction.

(A recess was taken at 12:29 p.m.)

0581

REPORTER’S CERTIFICATE

STATE OF FLORIDA  )
COUNTY OF PINELLAS )

I, Donna M. Kanabay, RMR, CRR, certify that I was authorized to and did stenographically report the proceedings herein, and that the transcript is a true and complete record of my stenographic notes.

I further certify that I am not a relative, employee, attorney or counsel of any of the parties, nor am I a relative or employee of any of the parties’ attorney or counsel connected with the action, nor am I financially interested in the action.

WITNESS my hand and official seal this 9th day of July, 2002.

______________________________
DONNA M. KANABAY, RMR, CRR

Notes

Filed Under: Legal Tagged With: Annie Broeker, Ben Shaw, Bernie McCabe, David Miscavige, Detective Carrasquillo, Dr. Garko, Eric M. Lieberman, IRS, Jesse Prince, Kendrick Moxon, Kennan G. Dandar, L. Ron Hubbard, Lawrence Wollersheim, Lee Fugate, Lisa McPherson, Loyal Officers, Luke Lirot, Lyman Spurlock, Marc Yager, Mark C. Rathbun, Mark Ingber, Michael J. Rinder, Mike Sutter, Mission holders conference, Morris Weinberg, Pat Broeker, PC folders, Ray Mithoff, Robert Minton, Stacy Brooks, Stephen Wein, Vicki Aznaran, Wollersheim 4

Declaration of Michael Lee Hertzberg (September 20, 1999)

September 20, 1999 by Clerk1

Gerald L. Chaleff, SBN 39552
ORRICK, HERRINGTON & SUTCLIFFE LLP
777 South Figueroa Street, Suite 3200
Los Angeles, California 90017-5832
Telephone: (213) 629-2020

William. T. Drescher, SBN 93737
LAW OFFICES OF WILLIAM T. DRESCHER
PMB 338
23679 Calabasas Road
Calabasas, California 93102-1502
Telephone: (818) 349-8100
Attorneys for Non-Party
CHURCH OF SCIENTOLOGY INTERNATIONAL

Samuel D. Rosen, pro hac vice
PAUL, HASTINGS, JANOFSKY & WALKER LLP
399 Park Avenue, 3 1 st Floor
New York, New York 10022-4697
Telephone: (212) 318-6000

Alan K. Steinbrecher, SBN 79201
PAUL, HASTINGS, JANOFSKY & WALKER LLP
555 South Flower Street, 23rd Floor
Los Angeles, California 90071-2371
Telephone: (213) 683-6000
Attorneys for Non-Party
RELIGIOUS TECHNOLOGY CENTER

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

LARRY WOLLERSHEIM,

Plaintiff,

vs.

CHURCH OF SCIENTOLOGY OF
CALIFORNIA,

Defendant.

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)
)
)
)
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Case No. C 332 027

DECLARATION OF
MICHAEL LEE HERTZBERG
1

DATE: October 15, 1999
TIME: 8:30 a.m.
DEPT: 24
Judge Charles W. McCoy, Jr.

I, Michael Lee Hertzberg, hereby declare and state:

1. I am an attorney, admitted to practice before the courts of New York State, the District of Columbia Bar, Ninth Circuit Court of Appeals and the United States Supreme Court. I make the following statement of my own personal knowledge, and if called to testify thereto, I could and would do so competently.

2. I was counsel of record in Aznaran v. Church of Scientology of California, et al. I was present in May of 1994 in Dallas, Texas when Vicki Aznaran settled her then pending litigation against several churches of Scientology and related organizations. I was present to provide legal advice to the representatives of the defendants who were negotiating directly with Ms. Aznaran. She was represented by her attorney, Karen MacRae of Dallas.

3. On May 19, 1994 when Ms. Aznaran settled her litigation, she executed several declarations. Annexed hereto as Exhibits A – E are true and correct copies of the declarations executed by Ms. Aznaran. Her declarations cover a wide range of subjects. The most comprehensive declaration is annexed hereto as Exhibit A. This declaration provides an overview of her experience as a litigant against churches of Scientology, tactics used by individuals litigating against churches of Scientology, specific allegations from her complaint that she formally repudiated and ordered her attorneys to withdraw, the payment of thousands of dollars to witnesses for sworn statements against the churches of Scientology, and the addition of eleven pages of one of Ms. Aznaran’s declarations by an attorney representing opponents of Scientology, Graham Berry.

4. The remaining declarations (Exhibits B – E), cover specific topics related to Ms. Aznaran’s experiences as a litigant against churches of Scientology. Specifically, these declarations cover the following topics:

– Litigation tactics by Lawrence Wollersheim and Gerry Armstrong (Exhibit B);

– A specific refutation of claims that her testimony supports the contention that Church officials have destroyed documents in litigation (Exhibit C;

– Ms. Aznaran’s knowledge regarding Stacy Young (one of Mr. Wollersheim’s witnesses) (Exhibit D);

– In this declaration Ms. Aznaran also repudiates allegations of corporate irregularities similar to those being made in the instant case (Exhibit A);

– A declaration in which Ms. Aznaran explains why she executed the other declarations and her response to what she anticipates other apostates will say about her for having revealed their tactics (Exhibit E).

5. I invite the Court’s attention to particular passages relevant to the claims at issue here. Ms. Aznaran signed her declarations in May 1994, a year after her most recent statement cited by Wollersheim in support of his motion. In one declaration Ms. Aznaran explains how witnesses have been conditioned to sign affidavits to support whatever arguments opponents of churches of Scientology wish to “prove”:

The abusive device most consistently utilized by litigants and counsel adverse to the Church occurs in connection with the filing of declarations or affidavits. It is common knowledge among the stable of disaffected ex-Scientologists who supply such sworn statements that the attorneys dictate the desired content of such testimony with the primary, often sole, purpose of presenting inflammatory accusations that prejudice the Church in the eyes of the court. In such declarations or affidavits, context, the truth, and relevance to the issues in the case are disregarded altogether. As time has passed and this technique has evolved, anti-Church litigants and their counsel have become more and more emboldened in making such declarations and affidavits because the tactic has proven to be so effective in poisoning courts and juries against the Church.

Thus, it has become a routine practice of litigants to make accusations against the Church, including even false allegations of threats of murder, which would be summarily thrown out of court as unsupported and scandalous in other litigation. There is a group or “team” of anti-Scientology witnesses who are being paid for their testimony, and based on my experience, this testimony is being altered and falsified, either by the witnesses themselves or the attorneys. (Ex. A, Declaration of Vicki Aznaran; 12, 17, 19.)

6. Ms. Aznaran even predicted that the attached declarations would be attacked by adverse litigants whose litigation tactics she has exposed:

On May 19, 1994, my husband and I each executed a series of declarations under penalty of perjury addressing a variety of issues. Among those declarations are one of mine that demonstrates that perhaps the most common litigation ploy that is used against Churches of Scientology is for opponents to submit false, inflammatory and accusatory declarations which make wild accusations irrespective of their falsity, lack of relevance, or lack of first hand knowledge.

I am executing this declaration on May 19, 1994 because I am certain that litigation opponents of the Church will react to one or more of my other contemporaneously dated declarations in precisely the fashion I describe in the preceding paragraph.

(Ex. E, Declaration of Vicki Aznaran; 2, 3.)

7. Ms. Aznaran identifies Stacy Young as employed by Graham Berry, Mr. Leipold’s former co-counsel in Wollersheim, to create inaccurate affidavits:

I know from subsequent conversations I have had that Andre Tabayoyon is similarly employed, as are Vaughn and Stacy Young and others, each paid to create declarations for Mr. Berry when he needs them. On the basis of my knowledge of the Church and the declarants, I can state that these individuals are not “experts” ‘in any recognized sense of the word as I understand it. They are nothing more than witnesses who are being paid to make sworn statements against the Church. More than just being paid, they are actually employed by Mr. Berry as a source of signed declarations of testimony or as a ” source” of allegations, the need for such is decided by him. (Ex. A, Declaration of Vicki Aznaran; 22.)

That Vaughn and Stacy Young are experts is not true. They are being called experts not due to expertise in Scientology but in order to collect insurance money for their testimony.

What this creates, and what the Youngs are part of, is a stable of people who, for pay, write declarations. (Ex. D, Declaration of Vicki Aznaran; 7, 8.)

8. Ms. Aznaran also swore to Ms. Young’s lack of knowledge of inside workings of churches of Scientology, both corporately and ecclesiastically:

In my staff capacities in the early 1980s, and later in my executive positions in the Religious Technology Center, I was directly or closely involved in meetings with senior staff members of various Church corporations. These senior staff made significant or major decisions which affected the future of the Church. I know that neither Vaughn nor Stacy Young were included in such senior decision-making processes. They were never senior or key Church executives. They were not consulted regarding, nor were they privy to, the meetings where major issues were discussed an decisions made.

I am informed that the Youngs have made claims to specialized knowledge about the corporate status and structure of the Church. Such claims are false. Neither of the Youngs were in a position to have detailed knowledge of the corporate and fiscal structures and operations of any Church of Scientology. In fact, Vaughn Young worked in the area of Public Relations for the entire time that I was acquainted with him. Stacy was primarily a writer in the Church public relations department. (Ex. D, Declaration of Vicki Aznaran; 4, 5.)

9. Ms. Aznaran repudiated allegations of corporate irregularities that were contained in her complaint against the Church of Scientology of California. These allegations are very similar to those being made by Wollersheim in the instant case:

Paragraph 16 of the complaint included the allegation that I had been employed as a “missionaire” to remove assets of Defendant Church of Scientology of California to overseas trusts where they could not be accessed. This allegation was false, and it was not an allegation that either my husband or I requested be included in the complaint….

It was also alleged in paragraph 16 of the complaint that I was employed as a”missionaire” to “set up sham corporate structures to evade prosecution generally.” This allegation is also false. (Ex. A, Declaration of Vicki Aznaran; 8, 9.)

10. In another sworn declaration Ms. Aznaran identifies Wollersheim witness Gerald Armstrong as the source of a litigation technique utilized by this small group of witnesses:

The fundamental premise upon which the Church’s adversaries and their lawyers operate is the likelihood that courts and juries are willing to believe any allegation made against the Church by a former member, without regard to plausibility, contrary evidence or the true facts. That concept was most succinctly expressed, on videotape, by anti-Scientology litigant, Gerald Armstrong, when he state that a lack of documents or evidence was no impediment to litigating against the Church when the litigant can “just allege it.” The active pursuit of that litigation approach has now led to the formation of a small group of disaffected Scientologists who are now employed by an even smaller number of attorneys who are making a practice of litigating against the Church. This stable of witnesses can be relied upon to furnish ” corroboration” for any allegation which an attorney wishes to make against the Church in pleadings, at deposition, in affidavits, and ultimately in trial testimony. (Ex. A, Declaration of Vicki Aznaran; 5.)

11. Ms. Aznaran even addressed Larry Wollersheim’s allegations:

While I was in the Church I witnessed the “Fair Game” allegations made by Gerry Armstrong and Larry Wollersheim in their litigation against the Church. My position in the church at the time gave me broad access to what was occurring and I would have known were the allegations made by Armstrong and Wollersheim true. Wollersheim, for example, made the allegation that a pipe bomb was found on his parent’s lawn and, without any corroboration, blamed the Church. I know from my own personal knowledge that this outrageous allegation of Church involvement is absolutely false. During the Wollersheim trial, rumors began to spread throughout the trial courtroom that Judge Ronald Swearinger had been followed, his tires had been slashed, and his pet dog drowned, and that the Church was responsible for that supposed activity. All of those allegations of Church complicity were false, as I now personally attest. Armstrong alleged the Church was trying to kill him and this allegation was just made up. I know of its falsity of my own personal knowledge. Both Armstrong and Wollersheim, continue to make the same type of outrageous allegations of Fair Game to forward their litigation to this day, due ‘in no small measure to the fact that they practiced Fair Game so effectively in their earlier, victorious litigation against the Church.” (Ex. B, Declaration of Vicki Aznaran; 12.)

12. An allegation relied upon by Wollersheim is that David Miscavige ordered Vicki Aznaran and Jesse Prince to destroy documents, including documents compelled to be produced in this case. However, Ms. Aznaran states in another declaration:

During the time I was President of RTC, we fully complied to all discovery requests, I have never received an order from David Miscavige, Norman Starkey or Lyman Spurlock to destro any documents related to litigation and I have no reason to believe that the Church would destroy any documents related to the consolidated cases… (Ex. C, Declaration of Vicki Aznaran; 8.)

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed this 20th day of September, 1999 at ______________.

MICHAEL LEE HERTZBERG

Notes

  1. Document source: http://bernie.cncfamily.com/sc/Aznaran.htm ↩

Filed Under: Legal Tagged With: Alan K. Steinbrecher, Andre Tabayoyon, David Miscavige, Gerald L. Chaleff, Gerry Armstrong, Graham Berry, Karen MacRae, Lawrence Wollersheim, Lyman Spurlock, Michael L. Hertzberg, Norman Starkey, RTC, Samuel Rosen, Stacy Brooks Young, Vicki Aznaran, Vicki J. Aznaran, William T. Drescher

Affidavit of Jesse Prince (August 20, 1999)

August 20, 1999 by Clerk1

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA
GENERAL CIVIL DIVISION

ESTATE OF LISA McPHERSON, by and through the Personal Representative, DELL LIEBREICH
Plaintiff,

vs.

CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC.; JANIS JOHNSON; ALAIN KARTUZINSKI; and DAVID HOUGHTON

Case No. 97-01235

Defendants.
_________________________________/

STATE OF FLORIDA :
COUNTY OF HILLSBOROUGH :

 

AFFIDAVIT OF JESSE PRINCE1

BEFORE ME, personally appeared JESSE PRINCE, who, after being duly sworn, deposes and says:

1. I am over 18 years of age and currently reside in the state of Illinois, Cook County. This declaration is of my own personal knowledge and if called upon to testify to the facts herein I could and would be competently able to
testify thereto.

My History in Scientology

2.        I was in Scientology for 16 years (1976-92). In July of 1992, I escaped with my wife from Scientology headquarters at Gilman Hotsprings, Ca. Under duress, my wife and I were forced to return. After intense interrogation and isolation, my wife and I on October 31, 1992, were able to leave Scientology, but only after we were coerced to sign a release containing untrue statements protecting Scientology from legal liability. I remained silent about my experience in Scientology, since upon leaving I was subjected to routine monitoring by Mike Sutter of the Religious Technology Center, (RTC), and Earl Cooley, Scientology counsel. In July of 1998, I discovered that others had similar experiences and were courageous enough to speak out against Scientology. I therefore ended my silence so that others would know about the truth of what really happens within the inner circles of Scientology.

2. I am intimately familiar with the organization, movement, beliefs, practices and technologies of Scientology. I served in the highest ranks of Scientology, including second in command of the Religious Technology Center
(RTC), the most senior body of Scientology.

3. Beginning in March of 1983 and until the Spring of 1987, I held the position of “Deputy Inspector General, External”. In this position, I was one of three members of the Board of Directors of RTC while David Miscavige was on its Board of Trustees.

4. In the position of “Deputy Inspector General, External”, I was in charge of supervising all activities in every aspect of Scientology, i.e., supervising senior management structure of the “mother church”, Church of Scientology International, CSI. In the hierarchy of all of Scientology, I was only two steps removed from L. Ron Hubbard. Mr. Hubbard gave his orders to David Miscavige who in turn gave them to me to supervise, delegate and enforce their execution. Corporately speaking, Vicki Aznaran, the President of RTC, and I were accountable and reported only to David Miscavige and L. Ron Hubbard. RTC gave CSI the license to use Dianetics and Scientology technologies.

5. Moreover, I was in charge of the Trademark Integrity Secretary, (TMI Sec), Jim Mooney, who had authority over the senior management of CSI called the Watchdog Committee. This Committee has complete authority over the different sectors of all of Scientology. The members of this committee are comprised of senior management officials who oversee and control the management of the following: FLAG SERVICE ORGANIZATION,(FSO); World Institute of Scientology Enterprises, (WISE); Scientology Missions International,(SMI); Reserves, the person responsible for the management and supervision of all bank accounts and revenues; Golden Era Productions, (GOLD);Flag Land Base,(FLB); Sea Org, (SO); Celebrity Center International, (CCInt); and Office of Special Affairs, (OSA), which handles all the legal and intelligence functions of Scientology.

7. Some of my specific duties as Deputy Inspector General, External, included supervising all litigation by or against any Scientology organization, intelligence and covert operations brought against perceived or imagined “enemies”, trademark registrations, and the licensing of trademarks to other Scientology corporations to create the false impression of “corporate integrity”. I was also in charge of the “Celeb Project,” which ran all auditing of Scientology celebrities, such as John Travolta, Priscilla Presley, Kirstie Alley, Anne Archer, and Chick Corea to name a few. I was also the auditor for David Miscavige and his wife, Shelly. I was the course instructor for all of the auditing courses for Alain Kartuzinski and his Cramming Officer for Class 10, 11, and 12, 12 being the highest level an auditor can reach.

6. I first became involved with Scientology in September, 1976, in San Francisco. In late 1976, I joined the elite Scientology paramilitary organization known as the Sea Organization, also known as the “Sea Org” or the acronym “SO”. Sea Organization personnel are authorized to take over and control Scientology organizations and to demote or promote personnel including chief executives, move bank accounts, and run the corporation as if SO personnel were employees or representatives of that corporation. The power of the SO is not only over the purported religious Scientology organizations but also prevails over the secular organizations such as WISE or Bridge Publications. The Sea Org’s pervasive authority is possible because the only personnel allowed into executive positions in these organizations are those who are in full agreement that the Sea Organization is the commanding organization.

7. Before I was recruited into the Religious Technology Center (RTC) in 1982, most of my experience was with Scientology technical material; the actual codified auditing and administrative techniques used within the  organization. This gave me considerable time to become familiar with these technical materials, most of which was written by Scientology founder L. Ron Hubbard. My knowlege and expertise of the technologies prompted my promotion to a technical position at RTC.

8. In the fall of 1982, L. Ron Hubbard issued an order to find the best Supervisor/Cramming Officer in all of Scientology and bring that person to Golden Era Productions (GOLD) to correct and train the senior executive management structure of the Scientology empire all around the world. A Supervisor in Scientology is analogous to a teacher in a class room. A Cramming Officer is responsible for the correction of individuals who have difficulty in executing the techniques of Dianetics and Scientology or otherwise following the dogma of L. Ron Hubbard to the letter. Mike Eldridge, a personal emissary of L. Ron Hubbard, in charge of conducting the search to
find the most qualified person to serve as Supervisor/Cramming Officer, recommended me to David Miscavige, who ultimately approved my appointment. I was transferred to, lived and worked at what is known as “Golden Era Studios,” near Hemet, California. It is also known as “Gold” or simply “The Base”, where senior management of Scientology is headquartered.

9. By Scientology standards, I was a very highly trained auditor and case supervisor. An auditor in Scientology is a trained practitioner of the pseudo scientific methodology of psychological counseling commonly referred to as “The Tech,” as dictated and written by Scientology founder L Ron Hubbard. A case supervisor is also a trained auditor who reads the “auditing” records of every counseling session performed by an auditor to ensure “The Tech” was applied exactly. In Scientology there are 12 levels of auditor and case supervisor classification, each level being “higher” than the next. In this system, I was certified as a Class 9 Auditor and a certified Class 9 Case Supervisor.

10. In my capacity as Deputy Inspector General, External, I traveled about the U.S. and outside of the U.S. on behalf of RTC. I traveled to Germany, Italy, Australia, United Kingdom, Denmark, Mexico and Canada. These trips were designed to put together an infrastructure that would interface with RTC for the purpose of trademark enforcement. I was personally chosen by David Miscavige over Vicki Aznaran to speak on behalf of RTC to a worldwide audience via satellite to warn them that RTC holds the trademarks of Scientology and eradicates all those who violate “The Tech” or infringe on trademarks.

11. I became familiar with the trademark laws of the various countries in which I traveled. I interviewed and retained law firms, and put personnel in place that would report to RTC and be our site representatives. I testified as an expert witness on Scientology technology on behalf of RTC in federal court in Los Angeles in a RICO action with RTC as the plaintiff in 1985. In 1983, on orders from L. Ron Hubbard, I brought into existence within RTC a unit called “The Tech Unit”. The Tech Unit had the responsibility of inspecting PC files a/k/a Pre-Clear files, (counseling files), in all Scientology organizations to ensure “The Tech” was being applied 100% according to the standard tech.

12. When Hubbard died in 1986, there was a power struggle in Scientology for the next 18 or so months that resulted in Hubbard’s closest and most powerful aide (Pat Broeker) being removed from Scientology. Total power was taken over by David Miscavige who purged the organization of anyone who was friendly with Broeker. In mid 1987, because I did not want to participate in Miscavige’s power struggle to become the head of Scientology, I was forcefully removed from my position and put under armed guard at Happy Valley, located deep in the desert behind the Soboba Indian Reservation. It is my belief that my undated resignation, which I signed when appointed to the Board, was then dated and used to make it appear that I had resigned, when I had not.

Practices of Scientology

13. From time to time, based on orders that I received from David Miscavige, I would order others to engage in illegal activities against perceived enemies of Scientology. These activities included, but were not limited to, wire-tapping and document destruction. For example, on or about April,1983, I was present at a meeting which took place in Los Angeles, California, at a Scientology office called Author Services, Inc. (ASI), a for profit company
and the “literary agency” for Hubbard, run by David Miscavige. There is no real corporate structure among the many Scientology corporations. ASI was the meeting place where various Scientology corporations went to receive orders. Present at this meeting was David Miscavige, then the Chairman of the Board of ASI, Vicki Aznaran, Deputy Inspector General of RTC, Marc Yeager, Commanding officer of CSI, and Lyman Spurlock, who was “Director of Client Affairs” for ASI. Mr. Miscavige expressed concern at this meeting that there might possibly be a raid on Scientology by the IRS. At that time, none of the churches of Scientology had received tax exempt status. At this meeting, David Miscavige announced to the group that the destruction and alteration of documents to protect Scientology was in progress. One principal reason why tax exempt status had not been granted was the IRS’s position that Scientology founder, L. Ron Hubbard (LRH), was actually the managing agent of Scientology in complete disregard of the corporate structure of Scientology. We knew this to be a fact, but also knew that it violated IRS rules and thus had to be hidden. There was concern that the IRS would obtain the hundreds of daily, weekly and monthly LRH orders written by Hubbard and distributed throughout Scientology. These orders were commonly referred to in Scientology as “advices” to avoid the appearance that Hubbard was actually running Scientology. In fact, Hubbard was running Scientology. The principal concern expressed at this meeting was that the LRH orders or “advices” would be used to name Hubbard as the managing agent of Scientology. Because of an already existing fear that an LRH “advice” might fall into the wrong hands, these orders from him were written in a way that we could deny it was from him. His name was not on them. He was never cited in the dispatch except in the third person. There was no signature and a salutation in reply was never more than “Dear Sir.” The routing at the top referred to him merely as “###”, (three pound signs), while his closest aids, Pat and Annie Broeker, were referred to as “* “, (an asterisk). However, if a person (or agency) got enough of these, there would be little doubt that we were in touch with Hubbard (via ASI) and that he was telling us and each corporation what to do to make him more money.

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

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

16. A “Pre-Clear” file is one of the several files kept on members. The Pre-Clear file is the file that includes all written records of all “confessionals’ done by the member. This means that it includes not only the most self-damaging material, but it also reflects every problem the person might have had with the organization, including complaints. This Pre-Clear file grows with the person’s tenure in Scientology.

17. Mr. Wollersheim’s Pre-Clear file was several thousand pages in length and stood as high as a six-foot tall man. Initially at this meeting, it was decided that Mr. Wollersheim’s Pre-Clear file would be redacted and culled of any evidence or documentation which might assist Wollersheim in his lawsuit against CSC. There was also concern that the materials known as Clear, OT I, OT II, OT III, and NED for OT’s (NOTS) would be open to public  inspection if Wollersheim’s files were produced as ordered. Scientologists are taught that a person could catch pneumonia and die if that person is prematurely exposed to these “upper level” materials without first having taken many hours of preparatory auditing.

18. Wollersheim’s Pre-Clear file was purged of any incriminating evidence against Scirentology based on a direct order from Miscavige in the presence of Scientology’s lead trial counsel, Earl Cooley of Boston, Massachusetts. Mr. Cooley thereafter represented to the court that the purged file was indeed the entire PC File of Mr. Wollersheim. Ultimately, approximately 50 pages were produced pursuant to the court order.

21. Later, I was informed that a second court order was issued to produce Wollersheim’s entire file. Faced with the prospect of having to produce the entire file, Miscavige gave orders that the entire file simply be destroyed by being pulped.

22. Pursuant to Miscavige’s orders, I ordered Rick Aznaran to take Wollersheim’s Pre-Clear files to the recycling plant in Riverside to be pulped. Several hours after I gave the order to have Wollersheim’s Pre-Clear files destroyed, Rick Aznaran returned and confirmed that the records had been pulped and even showed me a small bottle of pulped material. “Here’s what’s left,” he said.

23. Members of Scientology are induced to confess to acts that, if not outright criminal, are embarrassing or possibly destructive to the person’s job, marriage or profession. For example, shoplifting, adultery, masturbation, homosexuality, drug abuse, or any other potentially embarassing or illegal matters are recorded. Members are urged to write down these compromising facts in their own handwriting, under the guise that it is a “religious confessional” for the member’s good. The truth is that these “confessions” are kept to blackmail and extort members should they dare to speak out against Scientology. Members are also coerced to sign documents that are  self-damaging in order to protect Scientology in case they dare to leave its control and speak the damaging truth. I know all this to be true, because I watched this done to others; I did it to others; and it was done to me.

24. I have personally witnessed executive decisions directed to members instructing them to “end cycle”, i.e., die. I have personally read written instructions by Ray Mithoff concerning the following individuals: a) Diane Morrison, a personal friend of mine. She had cancer. Radiation treatment is forbidden by Scientology. She was instructed by Ray Mithoff to “end cycle.” Her husband, Shawn Morrison, was ordered by Ray Mithoff to transport her off of the Scientology property at Gilman Hotsprings, California, to her mother’s house so that she would not die on Scientology property. b) Ted Cormier, a personal friend of mine. He had Parkinson’s disease. He was ordered to leave Gilman Hotsprings and go directly to Flag for NOTS 34, auditing to cure his cancer. When this failed, Ray Mithoff sent him orders in his Pre-Clear folder for him to “end cycle.” He died.

25. I have personally reviewed a video of a television interview of Roxanne Friend, a former Scientologist. She had cancer which could have been successfully treated. She was kidnapped in California and taken across
country in a motorhome to FLAG in Clearwater where she was held against her will, which prevented her from getting cancer treatment. After she escaped she gave this interview that I observed on a television talk show. She
disclosed that she was beyond treatment because of this delay and subsequently died. Based on my experience in Scientology, her statements ring true.

My Experience with Isolation

26.  In 1973, Hubbard announced to the Scientology world that he had solved the problem of how to handle a person in a “psychotic break”. Hubbard stated that this was a “technical breakthrough” which possibly ranks with the major discoveries of the twentieth century. He further said his discovery means the last reason to have psychiatry around is gone. He went on to say the key is what caused the person to introspect before the psychotic break. During my tenure in Scientology I have observed four instances of people having a psychotic break. In each case the person was sleep deprived; each had been told their job performance was inadequate; and each person was subjected to Scientology ethics.

27. I am familiar with the practice of “Isolation,” also known as “baby watch” as practiced by Scientology and I have participated in the “handling” of one Scientologist that was ordered to “Isolation”. No one volunteers to go into Isolation. I have seen with my own eyes how a person is driven to the point of having a “psychotic break” and the subsequent brutality of treatment the person then receives as a result of the handlers following strict Scientology methods.

28. In the four instances of Isolation I observed, the person was locked in a room with at least two other people guarding the exit door. The people that watch the person in a psychotic break are not allowed to talk to the person at all. They are only allowed to physically restrain the person. The reason there are people guarding the exit door is that the person wants to leave and attempts to leave time after time. By their own policy the person in a psychotic break is not allowed to leave until the Case Supervisor allows it. Here is a direct quote from Scientology technical “Introspection Rundown, Additional Step”: “Dear Joe. What can you guarantee me if you are let out of
Isolation?” If the persons’s reply shows continued irresponsibility toward other dynamics or fixation on one dynamic to the exclusion of others damaged, the C/S (Case Supervisor) must inform the person of his continued Isolation and why. Example: “Dear Joe. I’m sorry but no go on coming out of isolation yet…”

29. In 1987, I was at a place called Happy Valley, located behind the Soboba Indian Reservation in California. Happy Valley is where the Scientology Rehabilitation Project Force, RPF, is located. It is a prison /slave labor camp for Scientologists who no longer ascribe totally to the doctrine of Scientology. I, along with six other Sea Org members, were ordered to do a “isolation watch” on another Sea Org member who was having a psychotic break. Prior to having the psychotic break the person was very normal. She had been deprived of sleep for many days due to a deadline she was ordered to meet on her job. She was sent to “Ethics” and was constantly humiliated and degraded for making errors and for falling asleep at her work station. When she was given to me to watch she was on her hands and knees and literally barking like a dog. She thought she was L. Ron Hubbard. It was at this time that I learned how forced feeding was done and the extent of restraint we all had to enforce on a young woman barely 5 feet tall. I was horrified at just how close she was to losing her life due to the “help” we were being ordered to give her. Even though she was now being allowed to sleep, she could not sleep and had been up for nearly four days. She was in a very agitated and violent state. She would scream for hours until she could scream no more. She fought to escape and mutilated herself in the process. Finally a doctor was called in and it took four people plus the doctor to hold her down to give her a shot to make her go to sleep.

30. A major part of the trauma a person experiences in Scientology’s “isolation” treatment is the person’s struggle to get away or to get out of the room they are being confined in. The young woman I had to “iso watch” had
numerous injuries as a result of her beating on the walls and the door trying to get away. She would drift in and out of her psychotic state. I was informed by the security guard watching over us all that her family was desperately trying to find her and during the times when she was “okay” I had to let her call her mother after I told her what to say. I held a separate phone while she talked to her family and when things started to get “weird” I would end the conversation. She would tell her mother that she was okay and would be home soon. During this time she became very upset with me because I made her see a doctor she did not know and who was not allowed to talk to her
while he was giving her shots. She physically attacked me on more than one occasion. This was a public relations nightmare for Scientology and this is why she was told to lie to her family about what was really going on with her. This went on for two months. After she seemed stable for a week and completed the “Introspection Rundown” she was made to sign a release form which in essence said Scientology was not responsible for what had happened to her and she was quickly sent home.

31. If I had not forcibly made her drink water, I am positive that based upon my own observations she would have died.

32. The people who are selected to watch a person in a psychotic break are trained to make a person physically comply with orders and demands. Controlling a person physically is taught in Scientology in its Training Routine Courses. As an example, in what is called “Training Routine 7, High School Indoc” the Scientology student is trained to never be stopped by a Pre-Clear. No matter what the person in “Isolation” does or says, they are not allowed to leave until the C/S says they can.

My Involvement in the case of Lisa McPherson

33.  I have been retained as an expert witness and trial consultant in the case of Lisa McPherson since Nov, 1998. In Dec, 1998, Scientology representative Glenn Stilo brought Lisa McPherson’s Pre Clear files to the
office of Ken Dandar by order of this court for inspection. Glenn Stilo and I knew each other when I was in Scientology. At that time, Glenn was fully aware that I was present at Mr. Dandar’s Office and that I was there inspecting Lisa McPherson’s auditing files. I have also reviewed the “caretaker logs” of Lisa McPherson at the Fort Harrison Hotel and her Ethics File.

34. It is obvious from these files that Lisa McPherson complained that auditing and Scientology were not working for her in 1995 and that she wanted to leave and return to Texas. Her “stats” were down, i.e., her production and income at AMC Publishing. As a result, she was placed in Ethics at her work where the records revealed that she was constantly doing “amends” and writing “O/W’s”, overts and write-ups, which resulted in less time to obtain adequate sleep which further, in my own observations, leads to psychotic breaks. This is confirmed by L. Ron Hubbard in his own writings, “Introspection Rundown Additional Steps.”

35. FLAG at the Ft. Harrison Hotel is “the mecca of technical perfection” according to Scientology. I can attest that it is a high crime in Scientology to alter or ignore the tech. It is also a high crime to lose or omit vital information from any PC folder, including “caretaker logs.” The Lisa McPherson “caretaker logs” are missing substantial day-to-day portions, in particular, the last three and one-half days of her Isolation. This is no accident. Records of this magnitude are not lost. Based on my experience, these missing records were intentionally destroyed to conceal material matters damaging to Scientology. Hubbard explicitly writes in CS SERIES 97 and CS SERIES 98 that “omissions from folders and complete loss of folders is a very serious matter….” If proven, expulsion from Scientology is mandatory.

36. I have been asked to address the issue of whether or not Lisa McPherson would have consented to her own isolation prior to experiencing a psychotic break. Without question, no Scientologist, except a Class 4 auditor or above, would have prior knowledge of how someone would be treated who is declared to be PTS Type III: a “Potential Trouble Source” who is experiencing a psychotic break. Only those auditors would have the knowledge that “Isolation” is implemented or the details of “Isolation” for those who are PTS Type III. In reviewing the Scientology records of Lisa McPherson, she was not an auditor and would therefore never have acquired the knowledge prior to becoming PTS Type III to consent to being held against her will in isolation.

37. In Scientology technical bulletin “Search and Discovery” under the subtitle “Handling Type III”, L. Ron Hubbard wrote, “But there will always be some failures as the insane sometimes withdraw into rigid unawareness as a
final defense, sometimes can’t be kept alive and sometimes are too hectic and distraught to ever become quiet, the extremes of too quiet and never quiet have a number of psychiatric names such as “catatonia” (withdrawn totally) and “manic” (too hectic).”

38. Following the dogma of L. Ron Hubbard to the letter is the highest priority for a person practicing Scientology. In a Scientology policy letter called “Keeping Scientology Working”, L. Ron Hubbard says “The proper
instruction attitude is, ‘You’re here so you’re a Scientologist. Now we are going to make you into an expert auditor no matter what happens. We’d rather have you dead than incapable.”

39. In terms of the report and control of RTC, it is required by any and all Scientology organizations to report directly to RTC any extreme deviations from “standard tech”. For example, it would be considered a deviation when a
Scientology Pre-Clear, (a person that has paid for auditing services from Scientology), has left Scientology and threatens to sue. Other examples would include a Pre-Clear who is not getting the expected results or one who has had a psychotic break (PTS Type III). Once the RTC Tech Unit completed a review of a Pre-Clear folder, it would be sent back via the Office of the Senior Case Supervisor International (located in Church of Scientology  International) to ensure compliance to orders and correction as deemed necessary by the RTC Tech Unit. CSI receives updated status reports and without question would have received updated status reports on the Isolation of Lisa McPherson and her deteriorating medical condition because RTC has an on site representative at FLAG. These reports would be composed and sent up line to Ray Mithoff at RTC by the Senior Case Supervisor, Alain Kartuzinski. Ray Mithoff would then take the report to RTC. The Office of Special Affairs, OSA, locally and internationally, would be informed of the Isolation as well. Marty Rathbun, Inspector General Ethics, is over all the legal affairs of every case and situation in Scientology and would also have knowledge of a PTS Type III in Isolation.

40. The above reporting procedure is still practiced in the Scientology conglomerate today. For example, in the attached “D/Inspector General Office,” published by Religious Technology Center and copyrighted in 1997, it
compels reporting directly to RTC any listed situation, such as “any person who acts PTS Type III.” This is all done in order to help RTC “locate and eradicate any suppression (i.e., a threat) and thereby make sure that Scientology keeps working.” Lisa McPherson was deemed PTS Type III and therefore was such a threat.

41. RTC receives all reports on situations involving Isolation for guidance from RTC to the Senior Case Supervisor, Sr. C/S. RTC then reports the matter to Sr. C/S INT, i.e., International, office for further investigation. Sr.
C/S INT then reports back to the RTC Reports Officer. Ray Mithoff is the Sr. C/S INT at CSI, the mother church. Ray Mithoff, Marty Rathbun and David Miscavige, as they have done on other occasions within my personal knowledge, meet and discuss various options available to Scientology on how to deal with a public relations flap. No one else has the authority to do so. Lisa McPherson was such a public relations flap to Scientology since she took her clothes off in public and was placed in Isolation.

42. In records I have reviewed provided by FLAG in this case concerning Lisa McPherson, she had previously complained that Scientology was not working for her and her stats were down. Based upon my own experience and Scientology procedures and protocol, these three individuals would have met and discussed on several occasions what to do with Lisa since she was not improving in Isolation. It is important to know that Scientology has no prohibition on members seeking emergency medical treatment as stated in HCOB Physically ILL PCs and Pre-OTs, 12-3-69, which mandates a medical cure before auditing, where Hubbard states “if we already know he is ill we should call in the doctor.” page 328 of Volume 8 of the Technical Bulletins

43. Yet, from the available records, it is apparent to me that these three individuals: Mithoff, Rathbun, and Miscavige, had no option other than to permit her to die in Isolation rather than take her to the hospital for emergency medical treatment and risk embarrassing questions from the attending physicians, press, and authorities with likely claims of imprisonment and abuse being made by Lisa McPherson upon her recovery. This is true because in
Scientology it is never an option to be held accountable. Contrary to their own policy that “THE CORRECT ACTION ON AN INSANE PATIENT IS A FULL SEARCHING CLINICAL EXAMINATION BY A COMPETENT MEDICAL DOCTOR.” Page 327, Volume 8 of the Technical Bulletins, Scientology decided in Lisa’s case, through these three individuals acting through FLAG, not to follow this particular policy and let her die. Scientology provides an option called “end cycle” which is permitting and ordering the person to die. It is obvious to me that the decision was to permit Lisa McPherson to die rather than face an extreme public relations flap by taking her to the local emergency room in her morbid condition as described in the “caretaker logs.”

44. Based on my personal experience and expertise in Scientology, I have formed the following opinion: Lisa McPherson was held against her will in Isolation and when she did not respond to Scientology technical handling, FLAG, on orders from David Miscavige, Ray Mithoff, and Marty Rathbun sat mute and watched her die after she no longer had the strength to fight for her freedom. Her death was no accident. It was the chosen option to  minimize a public relations flap.

45. I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct.

______________________________
JESSE PRINCE

SWORN TO AND SUBSCRIBED before me at Tampa, Hillsborough County, Florida, this ___ day of August, 1999.

___________________________________
NOTARY PUBLIC
My commission expires:

Personally Known ____
Produced ID ____
Type of ID Produced _____________________

Notes

  1. Document source: http://www.whyaretheydead.net/lisa_mcpherson/legal/jesse_aff_9908.html ↩

Filed Under: Legal Tagged With: Alain Kartuzinski, Anne Archer, Annie Broeker, Chick Corea, David Miscavige, Diane Morrison, Earle C. Cooley, Glen Stilo, Introspection Rundown, IRS, Jesse Prince, Jim Mooney, John Travolta, Kennan G. Dandar, Kirstie Alley, L. Ron Hubbard, Lawrence Wollersheim, Lisa McPherson, Lyman Spurlock, Marc Yager, Mark C. Rathbun, Michael Sutter, Mike Eldridge, Norman Starkey, Pat Broeker, PC folders, Priscilla Presley, Ray Mithoff, Rick Aznaran, Roxanne Friend, Shelley Miscavige, Stacy Brooks, Vicki Aznaran

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