Well there wasn't one. But being OT I kept them busy anyhow.
I won't go into my general health and state of mind because clearly OTs can be OT no matter what their health or mental state is.
I got a call on Saturday, March 10 from O$A $trumpet $heila Werner. I knew her as Sheila Norlen maybe thirty-three years ago in Chilliwack, B.C., where I grew up and where, due to $cientology's effect, as they, being at cause, would say, on my life and state of mind, I now find myself again.
Sheila had contacted me a number of times in early 1998 and then signed a declaration for $cientology lying about the details of our conversations. $cientology filed this declaration, along with a related lying declaration signed by cult attorney Andrew Wilson, in Armstrong v. Miscavige, USDC Reno Nevada, No. CV-N-97-00670 ECR (RAM). I posted it to a.r.s. in May, 1998.
DECLARATION OF SHEILA M. WERNER
I, SHEILA M. WERNER, declare as follows:
1. I am a resident of Vancouver, British Columbia, Canada, and have personal knowledge of the facts set forth below and, if called upon to testify on such matters, would and could do so competently.
2. On 13th of January 1998, I telephoned the home of Gerry Armstrong's mother in Chilliwack, British Columbia. A lady answered the phone whom I believe was Gerry Armstrong's mother. I asked to speak to Gerry Armstrong and she put him on the phone. I have spoken to Gerry Armstrong in person and over the phone on multiple occasions and his voice is therefore known to me.
3. On two days earlier this year, 13th and 14th March 1998, Gerry Armstrong appeared outside the Church of Scientology in Vancouver with Martin Hunt, an acquaintance of his who also lives in the Vancouver area, and together they picketed the Church. Subsequently, Martin Hunt created an Internet web page which shows both Armstrong and Hunt in front of the Church in Vancouver on these days. A copy of the web page is attached hereto as Exhibit 1.
4. On the evening of 25th of March 1998, I again telephoned the house of Gerry Armstrong's mother in Chilliwack, British Columbia where I spoke to thesame lady whom I believe to be Gerry's mother and she informed me that Gerry was not present at that moment but that she expected him to be home later that night.
5. On 27th of March, Gerry Armstrong called my phone number. He left a message on my phone answering machine saying he was in the Vancouver area and was looking forward to meeting with me.
6. On 28th of March 1998, Gerry telephoned me indicating he was at his mother's house. As I was busy when he called I couldn't speak with him. He said I could call him back at his mother's house in Chilliwack.
7. On 29th of March 1998, I called for Gerry Armstrong at this mother's house. The lady whom I believe to be his mother informed me that Gerry had gone to check out a sports club at Vedder Crossing to see if he wants to join.
8. Later that day, on 29th of March 1998, I again phoned the house of Gerry Armstrong's mother and reached Gerry there. We agreed to meet in a few days.
9. On 5th of April 1998 I met with Gerry Armstrong in person at a Starbucks coffee shop in Chilliwack, British Columbia, for about an hour. During this meeting Gerry told me he had left the United States in the beginning of 1997 and that he has been living at his mother's house in Chilliwack for about three months. He said he had done a project renovating several older buildings with his brother. Gerry Armstrong told me that he had recently been in Nevada but that he does not plan to live there and was only there for legal matters.
10. On 9th of April, I spoke to Gerry Armstrong again on the telephone at his mother's house in Chilliwack.
11. On 11th of April, I again met with Gerry Armstrong in person in Chilliwack, British Columbia.
I declare under penalty of perjury of the laws of the United States and Canada that the foregoing is true and correct. Executed this 18th day of April, 1998 at Vancouver, B.C., Canada.
(Signed) SHEILA M. WERNER
DECLARATION OF ANDREW H. WILSON IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS COMPLAINT
I, ANDREW H. WILSON declare as follows:
1. I am a partner in the law firm of Wilson Campilongo, LLP, counsel to defendant Church of Scientology International ("CSI") in the action Church of Scientology International v. Armstrong, Marin Superior Court Case Nos. 152229 and 157680. I have personal knowledge of the facts set forth below and, if called upon to testify on such matters, would and could do so competently.
2. On October 17, 1995, the Superior Court of California for the County of Marin granted an Order of Permanent Injunction against Gerald Armstrong, the Plaintiff in the above-captioned action ("Order"). a true and correct copy of the Order is attached hereto and marked as Exhibit a.
3. The order was subsequently incorporated in a judgment ("Judgment") against Armstrong entered on May 2, 1996, a true and correct copy of the Judgment to which the Order is an exhibit, is attached hereto and marked as Exhibit B. The Order and the Judgment are collectively referred to hereinafter as the "Injunction."
4. The Injunction had the express purpose of permanently enjoining Gerald Armstrong from violating the terms of a December 1986 Settlement Agreement entered into between Armstrong and the Church of Scientology International ("CSI"), by which Armstrong promised in essence, to cease disseminating information concerning CSI and to cease assisting others pressing claims against CSI and related entities. In exchange, Armstrong received the sum of eight hundred thousand dollars ($800,000).
5. Armstrong's appeal from the judgment was dismissed by the California Court of Appeal on December 23, 1997, on the ground that as a fugitive from justice, Armstrong could not pursue his appeal. A true and correct copy of the California Court of Appeal Order is attached hereto and marked as Exhibit C. The basis for the order of dismissal is more fully described in the following paragraphs. On an earlier appeal by Armstrong, the Court of Appeal had affirmed a preliminary injunction issued by the Superior Court.
6. In late January, 1997, I learned of actions by Mr. Armstrong that I believed were clear violations of the Injunction. Armstrong sent to the Hon. Ronald M. Whyte, the United States District Judge presiding over the three cases in which the plaintiff is Religious Technology Center ("RTC"), a beneficiary of the Injunction, a letter and lengthy declaration disseminating information denouncing CSI and its related entities.
7. This was not Armstrong's first violation of the Injunction. Prior to that, Armstrong repeatedly and wilfully disobeyed the preliminary injunction which preceded the permanent injunction.
8. Accordingly, CSI brought a motion for contempt before the Hon. Gary W. Thomas in Marin County Superior Court. The Court issued an Order to Show Cause Re: Contempt on February 18, 1997, and an Order Allowing Service of the Order to Show Cause Re: Contempt. a hearing was held on May 23, 1997. Armstrong did not appear, nor did he file any opposition or evidence.
9. On June 23, 1997, the Marin County Superior Court entered an Order of Contempt against Armstrong ("Contempt Order") to punish him for his ex parte communication with United States District Judge Ronald M. Whyte. The Contempt Order decreed that Armstrong be punished for contempt by a fine of one thousand dollars ($1,000) and confinement in the County Jail for a period not to exceed 48 hours. a true and correct copy of the Contempt Order is attached hereto and marked as Exhibit D.
10. On or about August 6, 1997, the Marin County Superior Court issued a bench warrant for the arrest of Armstrong ("Bench Warrant"). a true and correct copy of the Bench Warrant is attached hereto and marked as Exhibit E.
11. On February 11, 1998, the Marin County Superior Court found Armstrong guilty of thirteen additional counts of contempt of its injunction, and imposed an additional sentence upon Armstrong of 26 days in jail and a fine of $2,600. a true and correct copy of the Court's Order is attached as Exhibit F.
12. On or about December 17, 1997, Armstrong filed with the California Court of Appeal a Request for Extension to File Opposition to Motion to Dismiss Appeal ("Armstrong Declaration"). Armstrong mailed this request for extension to the Marin County Superior Court Clerk in an attempt to extend his time to file an opposition to CSI's motion to dismiss his appeal in CSI v. Armstrong in the California Court of Appeal, First Appellate District, Division Four (Appeal No. A075027). a true and correct copy of the Armstrong Declaration is attached hereto and marked as Exhibit G.
13. As indicated by the "care-of" return envelope in which it was mailed, Armstrong -- as of December 15, 1997 -- did not have a residential or other address of his own in Nevada.
14. As I previously noted (paragraph 5 ante), on December 23, 1997, the Court of Appeal dismissed Armstrong's appeal from the order or permanent injunction on the ground that he is a fugitive from justice. (Exhibit C)
15. On or about January 26, 1998, Armstrong filed another declaration in connection with the renewed contempt proceedings then pending before the Superior Court of Marin County. True and correct copies of pages 1, 55 and proof of service of the declaration are attached hereto as Exhibit H.
16. On or about April 1, 1998, Armstrong posted a message to an Internet public news group stating,"I have been extremely busy in Canada, and so involved with so many things, that it has not been ultimately timely to moveto my next spot..." a true and correct copy of the Internet posting is attached hereto as Exhibit I. Concerning Subject Matter Jurisdiction
17. I am informed and believe that, as of February 14, 1997, plaintiff Gerald Armstrong was living with Lorien Phippany and residing in San Anselmo, California. On that date, I gave Mr. Armstrong notice, by telephone to his residence in San Anselmo, of an ex parte application for the issuance of an order to show cause re: contempt. The telephone was answered by an answering machine that played a recording of the voice of Lorien Phippany that stated, "Please leave a message for either Jerry or Lorien." I called this number again and heard exactly the same message.
18. I am informed and believe that at some point after the Contempt Order and Bench Warrant against Armstrong were issued, Armstrong became a fugitive from justice by fleeing California for Canada, where he could not be arested and prosecuted pursuant to the Bench Warrant and Contempt Order. My belief is based on the fact that on August 25, 1997, he served his opening brief in the appeal by mailing it from Chilliwack, B.C., Canada. a true and correct copy of the Proof of Service for Armstrong's opening appellate brief is attached hereto and marked as Exhibit J.
19. On or about December 10, 1997, Armstrong filed a declaration of the same date appended to a request for an extension of time to file
45. Also on December 4, I posted to ARS, a message, a true and correct copy of which is appended hereto as Exhibit 20, specifically directed to the Scientology organization, in which I stated:
"I explained to [the process served/agent] that I expect to be in Mr. Abbott's office within two weeks, and that when I know that I will be there, I will call her number and she can come by to serve me."
I also stated in the December 4 post: "If I don't show up within w weeks, and don't accept service of your papers in Mr. Abbott's office within 2 weeks, you can go wherever you want to serve me." a true and correct copy of this declaration is attached hereto as Exhibit K.
In paragraph 49 of the same declaration, Armstrong makes reference to a letter which he swears was delivered by him to the U.S. Consulate in Vancouver on December 5, 1997. In paragraph 58 of the same declaration, Armstrong provides his "analysis" of why he feels it is necessary for him to live in Canada. (Id.)
20. On or about December 17, 1997, I received a copy of the Armstrong Declaration to which I previously referred (paragraph 12, ante, and Exhibit G), in which Armstrong stated, in essence, that as of November, 1997, he was still living in Canada. It stated in pertinent part:
8. When I received Scientology's motion I was in the process of moving to my new residence in Nevada, and my needed files were divided between Canada and Nevada. *I anticipate completing this move within the next two weeks.*
9. *I am at the time of writing this request in Nevada, and will be here four days* in connection with other legal matters. See, e.g., declaration Exhibit 14, complaint in Gerald Armstrong v. David Miscavige, Scientology et al., U.S. District Court, District of Nevada, Case No. CV-N-97-00670-HDM (RAM). In order to complete my opposition, I require my computer which is in Canada. Exhibit G hereto, paras 8-9, emphasis added.
21. I mailed a copy of said motion, referred to by Armstrong in his declaration, to Armstrong at his last known residential address in San Anselmo, California in early November, 1997.
22. In January, March and April 1998, I caused Sheila M. Werner of Vancouver, British Columbia, Canada to establish contact with Gerry Armstrong by telephone and in person. During this period, as testified to be Ms. Werner, at Exhibit L, she had contact with Gerry Armstrong on 10 separate occasions. Each time Gerry Armstrong was in Chilliwack, British Columbia. In a personal meeting on April 5, 1998 Gerry Armstrong informed Ms. Werner that he had recently been in Nevada, "but that he does not plan to live there and was only there on legal matters."
23. On April 15, 1998, in an attempt to determine whether Armstrong has yet acquired a residence in Nevada, I telephoned information (702)555-1212 and inquired as to a listing for Gerald Armstrong in Minden, Nevada or anywhere within the 702 area code. The operator with whom I spoke informed me there was no such listing. She further informed me that it typically takes two weeks from time of application for a telephone number, for a new listing to appear in the phone company's database.
24. On the basis of the aforementioned events, I am informed and believe that at the time of the filing of the complaint in this case and continuing until the present time, Armstrong was still residing in Canada.
I declare under penalty of perjury of the laws of the United States and of the State of California that the foregoing is true and correct. Executed this 17th day of April, 1998 at San Francisco, California.
(Signed) ANDREW H. WILSON
I wrote a declaration in the Armstrong v. Miscavige case in which I responded to Werner's and Wilson's declarations.
DECLARATION OF GERALD ARMSTRONG
I, Gerald Armstrong, declare:
10. CSI and RTC support their false assertion that I am not a resident of Nevada with a declaration by Sheila M. Werner, who states that during a conversation with her on April 5, 1998 I "told [her] that I had recently been in Nevada but that [I] did not plan to live there and was there only for legal matters." (Werner Decl. p 2, para 9) This is completely false.
11. As Ms. Werner states, she called the telephone number of my mother's home in Chilliwack, B.C., Canada a number of times, and spoke to either my mother or me, and on a couple of occasions I called her back at her Vancouver, B.C. number. We met as she says on two occasions, in the Chilliwack Starbucks and another cafe in Chilliwack, called After Thoughts.
12. During our initial telephone conversations Ms. Werner said that she is involved in many facets of the Canadian movie/TV industry as an actor and in other production capacities and she wanted to make contact with me and give me a script writing program. She said that there are all kinds of opportunities in the industry and that she had gotten the idea that I might be writing a script. She said that she is writing scripts and described how wonderful the program makes script writing. She said that she wanted to give me the program so that I could run it on my computer. I asked her if she had been in touch with anyone connected to the Scientology organization and she said that she had not in several years. She said that her ex-husband is involved with Scientology but that she didn't know in what way. She said that she knew about my being a Scientology target and my supporting the effort to reform its irreligious practices. She said that she had read of my involvement in these things on the Internet, mentioning specifically the newsgroup alt.religion.scientology ("ars"). She said that the script she was writing wasn't about Scientology, and that she wouldn't do anything directly about its irreligious practices because of the threat of Scientology retribution directed at her children.
13. Since December, 1981 I have been alert to Scientology's actions of operating agents to get close to me or having thugs threaten or attack me. My sociableness, social contacts and interactions with almost all people are significantly impacted by that continual alertness. When she first contacted me I was immediately alert to the possibility that Ms. Werner was a Scientology agent, and I continued to be alert to that possibility throughout the Werner operation. I was alert to the fact that Ms. Werner's way of communicating, including but not limited to the repetition of phrases, her freneticness, and the questions she asked, made me think she had been scripted and rehearsed in what to say to me. At the same time, I gave Ms. Werner the benefit of the doubt and did not cut off communication with her nor communicate with her in any way but with respect. On both occasions when we met I bought her a coffee.
14. When in our first conversations Ms. Werner offered to give me the scriptwriter program to run on my computer I was alert to the possibility that Scientology's leaders would attempt to damage my computer or have me prosecuted or even raided for a "copyright violation" or other concocted charge. I therefore declined Ms. Werner's offer to give me the program and told her that perhaps some time when I was in the Vancouver area I could drop by her home and see the program on her computer.
15. During the conversation in Starbucks Ms. Werner asked me where I had been and what I had been doing in Nevada. I told her that since November, 1997 Nevada had been my residence, that I was intending to live here and that I had most of my personal belongings here. I said that it was my legal situation in combating Scientology's fair game attacks which drew me to Nevada, and that I had been doing, was doing and would be doing legal work in a law firm in Nevada. I was extremely careful to say in every sensible way that Nevada is my residence, because I did not want to give Scientology, if Ms. Werner was, as I suspected, its agent, any way of "misinterpreting" for its "legal" purposes what I was saying about my residency. Ms. Werner's assertion that I said that I did not plan to live in Nevada is therefore a blatant and inexcusable lie.
16. Ms. Werner states:
"On 29th of March 1998, I called for Gerry Armstrong at this mother's house. The lady whom I believe to be his mother informed me that Gerry had gone to check out a sports club at Vedder Crossing to see if he wants to join." (Werner Decl. 2, para 7) This is untrue. I went to Vedder Crossing to run with a group of runners who run there every weekend. Anyone not a "member" is welcome to run with them. I had no intention of, or interest in, "joining " that club because I had no intention of staying in that area. I have also run with runners here in Reno who are members of the Silver State Striders, and I expect I will continue to run with them. I would have already joined the Striders, but I am very cautious about social contacts because of the continual efforts by Scientology's leaders and agents to cause trouble to me and those close to me.
17. During our meeting at Starbucks Ms. Werner gave me two publications, The Georgia Straight, Vancouver's major weekly newspaper, of April 2-9, 1998, and Reel West Digest "the Directory for Film, Video and Multimedia Production in Western Canada," 1997 edition. True and correct copies of identifying pages from these publications are appended hereto as Exhibit C.
18. During our meeting at After Thoughts Cafe I asked Ms. Werner directly if she had spoken to anyone connected to the Scientology organization about me. She said no. I asked her if she had spoken to anyone connected to the Scientology organization about speaking to me. She said no. I asked her if she had been asked by anyone connected to the Scientology organization to contact me or ask me anything. She said no.
19. Also during the After Thoughts meeting, Ms. Werner wanted me to take from her a copy of a script she said she had written involving the "X-Files" TV program theme and characters. She said that the script she had written concerned a sort of viral mutation like "mad cow disease." She handed me her "script" but I did not pick it up. She also had a typed receipt and confidentiality agreement for her "script" which she handed me and wanted me to sign. I did not sign the document and did not pick it up. I told her that I suspected that she was an agent for Scientology, that the organization perhaps wanted to get my fingerprints on her "script" for some malevolent purpose, and that perhaps the organization wanted to set me up in some kind of "copyright violation" scenario. It is a well known fact that Scientology, with its also well known litigation machine, uses "copyright law" to raid, attack and ruin targeted "enemies." When I stated my suspicion, Ms. Werner became "indignant" and quickly left the cafe.
20. Now Ms. Werner has shown that indeed she was being operated as a Scientology agent, on orders, coached and drilled to get close to me in order to compromise, entrap or frame me in some way. Her telephone calls to me and my mother and meetings with me were at a minimum to create a "context" to give believability to the lie the Scientology leaders needed from her in order to "support" their "legal" tactic by which they could possibly avoid responsibility in the real claims and issues in this case. Ms. Werner lied about her reasons for contacting me, lied about her interest in giving me a computer program, lied about finding out about me on the Internet, lied when she said she had not been directed by anyone connected to Scientology to contact me, lied when she said she had not spoken to anyone about me, and lied about what I had stated very clearly concerning my Nevada residence. To Scientology agents it is perfectly acceptable, even laudable, to lie or testify falsely about me because I am "fair game."
21. I had actually been planning to live in Nevada for several months before I made this State my residence in November, 1997. Over those several months I made arrangements so that I could have some protections in place in Nevada against expected Scientology attacks, and a job situation in place in Nevada when I established my residence here. By November, 1997 those things were reasonably in place and I began to work in Nevada. I made some trips back to Canada thereafter, principally to help my family, help ready my mother's home so it can be sold, and help my brother with some renovations projects at his home. Of course I continued, as I am continuing in Nevada, my actions in bringing to light Scientology's fraud, abuses and dangers, correcting the injustices Scientology is perpetrating against me and others in the legal arena, and countering the black PR campaign the organization continues against me. I was able to take this time away from Nevada at the start of my residency here in no small part because the various Scientology defendants in this case avoided for a great length of time accepting service of the summons and complaint. I did not, however, during all that time, ever say or consider that I was a resident of anywhere other than Nevada. Even if I were gainfully employed in Canada, which I am not, and even if I wanted to live there, I cannot live at my mother's or brother's homes because of the continual threat to them of attack or harassment from the Scientology organization and its agents. No matter where I reside or even stop to rest, I avoid letting Scientology's agents find out where I am as long as sensible or possible; thus will not now divulge any location where I stay or intend to stay in Nevada, or elsewhere. I will be available in Nevada for all proceedings in this case which require my physical presence.
22. CSI and RTC also supports their motions to dismiss with a declaration executed by attorney Andrew Wilson which contains a substantial number of untruths. Mr. Wilson states:
"In late January, 1997, I learned of actions by Mr. Armstrong that I believed were clear violations of the [October, 1995] Injunction. Armstrong sent to the Hon. Ronald M. Whyte, the United States District Judge presiding over three cases in which the plaintiff is Religious Technology Center ("RTC"), a beneficiary of the Injunction, a letter and lengthy declaration disseminating information denouncing CSI and its related entities. This was not Armstrong's first violation of the Injunction. Prior to that, Armstrong repeatedly and wilfully disobeyed the preliminary injunction which preceded the permanent injunction. (Wilson Decl. 2:20-26) I at no time disobeyed the "preliminary injunction." Between 1992 and 1994 Scientology attempted to have me sentenced and jailed for several non-existent "violations" or "contempts" which its agents manufactured. All of the alleged contempts were discharged, and Mr. Wilson, who participated in the contempt proceedings, is fully aware of this fact.
23. I sent the declaration and letter, true and correct copies of which are appended hereto as Exhibit D, to Judge Whyte to properly report an improper threat received from attorney Wilson. I had been subpoenaed by defendant Grady Ward to produce documents in the case of RTC v. Ward, US District Court for the Northern District of California, case no. C-96-20207 RMW. A true and correct copy of the subpoena is appended hereto as Exhibit E. The following day I received from Mr. Wilson a letter, a copy of which is appended hereto as Exhibit F, threatening "further conflict and annoyance" between me and Scientology if I produced the subpoenaed documents. I considered and still consider Wilson's threat to be obstructive of justice and so reported it to Judge Whyte. I had been threatened by Scientology lawyers on a number of other occasions when I had earlier been subpoenaed as a witness in Scientology-related litigations. I am aware of several legal decisions condemning Scientology for obstruction of justice, for its policy of using the law to harass and for being a most vexatious litigant. I have been a target of Scientology's fair game tactics in the legal arena since 1982 and am very familiar with those tactics.
24. Mr. Wilson has appended to his declaration as Exhibit H pages 1, 55 and the proof of service from a declaration I executed January 26, 1998 and filed in the case of Scientology v. Armstrong, Marin County California Superior Court Case No. 157680. I am appending hereto as Exhibit G a true and correct copy of the complete declaration. A reading of this declaration will reveal that the facts and truth concerning the October 1995 injunction, my leaving California and going to Canada, and the contempt orders Scientology has obtained against me are very different from what Mr. Wilson has stated about these matters.
25. Mr. Wilson states:
"Accordingly, CSI brought a motion for contempt before the Hon. Gary W. Thomas in Marin County Superior Court. The Court issued an Order to Show Cause Re: Contempt on February 18, 1997, and an Order Allowing Service of the Order to Show Cause Re: Contempt. A hearing was held on May 23, 1997. Armstrong did not appear, nor did he file any opposition or evidence." (Wilson Decl. 2:27-3:2) I was never served with the motion or the OSC.
26. Mr. Wilson states:
"On June 23, 1997, the Marin County Superior Court entered an Order of Contempt against Armstrong ("Contempt Order") to punish him for his ex parte communication with United States District Judge Ronald M. Whyte. The Contempt Order decreed that Armstrong be punished for contempt..." (Wilson Decl. 3:3-5) For the facts concerning this improper and illegal contempt order, please see Ex. G hereto, pp 30-36, paras 35-43.
27. Mr. Wilson states:
"As indicated by the "care-of" return address on the Armstrong Declaration (Ex. G to Wilson Decl.) cover sheet and the envelope in which it was mailed, Armstrong - as of December 15, 1997 - did not have a residential or other address of his own in Nevada." (Wilson Decl. 21-23) I used, and will continue to use, while I am in Nevada, my attorney's address for my dealings with Scientology because of the continual threat from Scientology agents and as a safety measure against Scientology's false claims of service of documents when no service had actually been made.
28. Mr. Wilson states:
"On or about April 1, 1998, Armstrong posted a message (Ex. I to Wilson Decl.) to an Internet public news group stating, "I have been extremely busy in Canada, and so involved in so many things, that it has not been ultimately timely to move to my next spot..." (Wilson Decl. 4:2-4) In that same message, however, I more importantly state:
"I am not holed up, as you say, although there have been times when I have been acutely aware of the physical danger I am in from your organization, which awareness has certainly been at those times an dominating factor in my behavior. That awareness, peaking with the discovery of your organization's false IRS 1023, particularly its black PR of me, was what brought me to leave California and live the better part of a year in B.C. *Within the past few months I moved my official residence to Nevada,* and that is where I can be served with legal process. (Underline added) (Wilson Decl. Ex. I)
29. Mr. Wilson states:
"I am informed and believe that, as of February 14, 1997, plaintiff Gerald Armstrong was living with Lorien Phippany and residing in San Anselmo, California. On that date, I gave Mr. Armstrong notice, by telephone to his residence in San Anselmo, of an ex parte application for the issuance of an order to show cause re: contempt. The telephone was answered by an answering machine that played a recording of the voice of Lorien Phippany that stated, "Please leave a message for either Jerry or Lorien." I called his number again and heard exactly the same message. I am informed and believe that at some point after the Contempt Order and bench Warrant against Armstrong were issued, Armstrong became a fugitive from justice by fleeing California for Canada, where he could not be prosecuted pursuant to the Bench Warrant and Contempt Order. My belief is based on the fact that on August 25, 1997, he served his opening brief in the appeal by mailing it from Chilliwack, B.C., Canada. (Wilson Decl. 4:7-17) I left California for good and was in Nevada on or about January 28, 1997, and I was in Canada on February 11, 1997. Appended hereto as Exhibit H is a true and correct copy of my boarding pass of that date. The contempt order Mr. Wilson refers to was not issued until June, 1997. I stayed in Canada until October, 1997 when I traveled to Germany. After returning to Canada from Germany I traveled to Nevada where I established my present residence in November, 1997.
30. Mr. Wilson states:
"I mailed a copy of said motion, referred to by Armstrong in his declaration, to Armstrong at his last known residential address in San Anselmo, California in early November, 1997." (Wilson Decl. 5:19,20) This is untrue. This motion was mailed by Mr. Wilson to me in Nevada. It was never, to my knowledge, mailed to my former address in California, and I did not receive it there, nor was it forwarded to me from there.
31. Mr. Wilson states:
"In January, March and April 1998, I caused Sheila M. Werner of Vancouver, British Columbia, Canada to establish contact with Gerry Armstrong by telephone by telephone and in person. During this time period, as testified to be Ms. Werner, at Exhibit L, she had contact with Gerry Armstrong on 10 separate occasions. Each time Gerry Armstrong was in Chilliwack, British Columbia. In a personal meeting on April 5, 1998 Gerry Armstrong informed Ms. Werner that he had recently been in Nevada "but that he does not plan to live there and was only there for legal matters." (Wilson Decl. 5:21-26) As I have stated in paragraphs 10-19, supra, Ms. Werner is simply lying about what I told her concerning my Nevada residence and my plan to live here. While it is true that each time Ms. Werner contacted me I was in Chilliwack, B.C., she could just as easily have contacted me in Nevada. Since she was, according to the sworn statement of attorney Wilson, being directed and operated by him in this operation, he could just as easily have had her call my attorney George Abbott, with whom Mr. Wilson has corresponded a number of times, to reach me in Nevada. She knew that I was in Nevada during March this year, and I have been very open about my being here and planning to be here. Mr. Wilson sent Ms. Werner to get close to me by lying about her intentions and her contacts with Scientology agents in order to give a context to the lie he wanted her to tell about my intention to live in Nevada.
43. I left California in January, 1997 not as a fugitive from justice, but to be able to correct a terrible injustice. I discovered in January, 1997 that, in addition to Scientology's continuing to black PR me publicly, e.g., as shown by the black PR provided to Watchman Fellowship which underlies this case, and in addition to continuing to threaten me in and out of the legal arena, the organization had also included a terrible black PR attack on me in its form 1023 submission to the IRS, pursuant to which Scientology's 1993 tax exemption was granted.(See also 1/26/98 declaration, Ex. G hereto, pp 20-23, paras 27, 28). I realized when I read that black PR provided to the IRS that Scientology's leaders believed that their fraudulently obtained tax exemption, involving perhaps billions of dollars, depended on silencing me, and that I was in extreme danger. That danger, and the need to be somewhere relatively safe where I could do something relatively safely to reduce that danger and expose the underlying fraud, is what brought me to leave California, to go to Canada, and finally to move to Nevada where I am working with Mr. Abbott to correct these wrongs. I am not a fugitive from justice, but am actively involved in Nevada in rectifying the injustice of the California injunction, and the subsequent "contempt orders" which Scientology was able to get the Marin County California Court to sign.
44. I am more certain than ever that the orders of the Marin Superior Court, upon which the Scientology defendants herein rely to claim that I am a fugitive from justice, and to support their motion to dismiss this case, impermissibly violate the US Constitution's guarantees of First Amendment freedoms, are against public policy and illegal. I can no more be legally judicially compelled to not mention L. Ron Hubbard, Scientology or my experiences in that "religion" than another US citizen can be legally judicially compelled to not mention, on penalty of fine and imprisonment, God, Jesus Christ, the Christian religion, or the person's religious experiences in that religion. I do not believe that the right to discuss a religion or religious experiences or reform a religion can legally be contracted away or judicially prohibited and punished. I am certain that the Marin Court's order, which Scientology interprets to permit that organization and its agents to say or publish whatever they want about me, and prohibit me from responding or punish me with fines and imprisonment if I do respond, is against public policy, obstructive of justice, and illegal. This interpretation by Scientology is articulated in a letter dated February 25, 1997 from attorney Wilson to my attorney George Abbott, a true and correct copy of which is appended hereto as Exhibit M. Mr. Wilson states in that letter that I am not free "to communicate orally, in writing or by any other legal means available to [me] to fully correct [ ] alleged lies and distortions." (Ex. M p.1, para 3). The Scientology organization leaders and their agents have subjected me for over fifteen years to a massive international black PR assault on my character, credibility, safety and peace. I cannot believe that I can, in this country, be legally prohibited from defending myself. I cannot believe that our justice system will continue to permit this modern day slavery.
I declare under the penalty of perjury under the laws of the United States and the State of Nevada that the foregoing is true and correct.
Executed at Minden, Nevada on May 6, 1998.