Subject: Re: Draft letter 1st half
Date: Sun, 10 Dec 2000 23:42:47 GMT
Second draft. You who posted or wrote can likely see that your efforts were appreciated. The one thing I could not find was a recomendation I think I saw where the CW police originally asked for three manslaughter cases to be file. Anyone have that around? Keith Henson
H. Keith Henson
Palo Alto, CA 94306
December 10, 2000 Re HEM014371 Judge Rodney L. Walker
880 N State St.
Hemet, CA 92543
Your Honor: Please excuse the letters dated November 27, 2000. They were mailed in error after Mr. Harr told me Mr. Schwarz had informed him he would be forced to remain on the case whether or not he was paid. I believe the facts in this case favor me and thus am anxious to stipulate to such facts to which there is independent corroboration. I am not willing to sign a statement attesting that untrue material is true or to snippets of material so out of context that it is misleading. I spent *many* hours working on the proposed stipulations and trying to get my work conveyed to the DDA through Mr. Berry and Mr. Harr. It was my understanding from the previous hearing that DDA Schwarz and I would agree on as much as we could and you would hold an evidentiary hearing on what we could not agree upon. After a number of faxes, telephone calls and meetings there are fewer points of agreement in his current draft (4) than there were in the first draft (8). For example, the DDA has incessantly demanded inclusion of material from the book 'Great Mambo Chicken'. This will never happen in the form he demands; because a stipulation is a list of facts which both sides agree are proveable facts. The author Ed Regis published in 1990 a multi person "biography" called Great Mambo Chicken and the Transhuman Condition, which is (in the section DDA wants included in the stipulations) a partly fictionalized and glamorized account of events in the early 1970s gleaned by interviewing some of the people involved almost two decades later. I cannot agree that this account is a true and accurate record of fact, because it simply is not. I feel that whoever is actually insisting on including this material trying here to introduce a serious misrepresentation -- that the accounts in this glamorized biography are an accurate, literal and contemporaneous journal. They are actually double hearsay. There is not one sentence among those the DA picked out the book which I believe is "true and accurate." I can't stipulate to those statements being true because in a number of different ways they are not, and some of them are more like Jabberwocky. (What is a "high tech couple" anyway? We were raising rabbits and chickens in those days.) I would be willing to go into detail about how this section is wrong in person, under oath if you wish. I have also told Mr. Harr that I am willing to supply (for the purpose of ruling on an 1118 motion only) a copy of all of my postings on Usenet news groups from early May of 2000 to September 1 of 2000, some 681 pages. If you wish, I can supply them to the end of September and possibly before May. Since this is an unreasonable amount of paper to carry I gave Mr. Harr three copies of my postings from this period on diskettes. I hope he conveyed this offer to you and the DDA. If it was accepted, all of the out of context snips during the period I picketed Golden Era which the DDA wants included in his proposed stipulations would be stipulated (in context rather than as snippets). I am also willing to include for context any postings of mine or others which can be found on www.deja.com unless they conflict with my records as provided. (And if they differ, it would be cause for widespread concern far beyond this court -- someone would be messing with the public record.) The DDA has not indicated the source of his material. Mine is from my own records, or a trusted source where some of mine had been lost. The content may be verified by comparing them with the public record on www.deja.com. (Content *can* be changed without leaving traces in transit over the net which is why I cannot just stipulate to whatever is on www.deja.com.) There are a number of new or modified stipulations I have proposed through Mr. Harr. None of them seem to have made it into the last proposed stipulation. For example, point 32 of the first version of the stipulation stated that "Henson has demonstrated at one or more Churches of Scientology with the following individuals Graham Berry, Stacy Brooks, Jesse Prince, Brent Stone, Barbara Graham, Bruce Pettycrew, David Rice and Frank Oliver." This is grossly incomplete. I feel DDA Schwarz is avoiding the whole truth in order to make a misrepresentation i.e. that Henson picketed 'only rarely in other places with no more than ten similarly obsessed individuals.'" After some research, I proposed this: 32. Henson has demonstrated at one or more Churches of Scientology with the individuals listed below: "Administrati", "Ahmad", Alan Barclay, "Alyson", "Anima",Ann Lowe, Arel Lucas, Arnie Lerma, Barbara Graham, Barbara Warr, Beverly Rice, Bill Scannell, Bill Winfield, Bob Minton, Brent Stone, Birgitta Harr- ington, Bob Peterson, Carl Kaun, Catarina Pamnell, Christer Lindstrom, Dave Touretzky, David Cecere, David Rice, Dean Benjamin, Deana Holmes, "DEEP WOG", [CW 1998] Dennis Erlich, Dobe R. Mann, Doug Johnson, Dr. Ed Lottick and family, Ed ("metasyn"), Duncan Pierce, "Elvis", "Ermine", Frank Oliver, Fred Davis, Fred Rice (+family), "Fubarz", Gabe Cazares, Garry Scarff, Geoff Burling, Gerry Armstrong, Grady Ward, Graham Berry, Gregg Hagglund, "Gypsy Blue", Ina Brochman, J. M. Ivler, Jason, Jeff Jacobsen, Jeff Lee, Jesse Prince, Jim Lewis, Jim Wissick, Joe Neal, "Jwog", Karsten Lorenzen, Kathy Pettycrew, Keith Bennett, Kim Baker, Kristi Wachter, "Lady Jane", Larry Wollersheim, Len "BigBeard" Nieman, Lisa Derrick, "Lisa" [at Campbell org], M.C. DiPietra (and family), "Mad Kow", Margaret Huffstickler, Mark Bunker, Mark Dallara, Mark Ebner, MarkIRC, "Mark2", Mark Plummer, Martin Ottmann, Matt Ouimette, "Meklar", "Merkabah", Michael Reuss, "Nancy", Neal Hamel, "Neddie", Patricia Greenway, Peaches O'Reilly, Peter Alexander, Peter Reichelt, phr (Paul Rubin), "Podkayne", "Prignillius", Priscilla Coates, Ray Randolph, Richard Maggini, Rod Keller, Roger Gonnet, Ron Newman, "Roxthefox", "Sam", Shelley Thomson, "Snefru", Stacy Brooks, Steve Fishman, Steve Hassan, Steve Whitlach, "stukafox", Sue Mullaney, "Suse", "TalonK" (Justin), "Taniwha", "Tashback", Ted Mayett, Thaddeus Beier, "The Stunning Brunette", Thomas Merritt, Tilman Hausherr, Tommy Collins, [Mar 98 LA], Tom Klemesrud, Tom Padgett, Tony Williams, "Twils" (John Merritt), Valerie Emanuel, Wayne Whitney(deceased), "Xenu", "Zelle", "Zinjifar" (Joe Lynn) and some dozens of others. Approximately 140 names, some of them net nick-names, are listed above. The DDA's last proposed stipulation of facts removed any mention of others who have picketed with me. I did not object to the people he included, just tried to make the list accurate. No sign of any of my or my wife's proposed stipulations (below) have been included. I believe [every] one of these could be backed up by evidence or testimony. 73. Golden Era staff reacts the same way to Henson as they do to anyone who carries a picket sign. Scientology staff in other places such as Los Angeles and Clearwater also hide or try to avoid seeing picket signs. This is supported by dozens of Internet reports and can be backed up by witnesses giving testimony or affidavits. Mr. Stone has indicated he would appear as a witness testifying that Golden Era staff hide from him in the same way they hide from Henson. 74. A number of staff members fled (abandoning a wheelbarrow full of wet concrete) from Bruce Pettycrew and his wife when they picketed Golden Era in June 10, 2000. There is a contemporaneous report of this picket by Mr. Pettycrew which was quoted by Henson in his posting of June 11, 2000. Mr. Pettycrew is willing to appear as a witness. 75. Henson has been attacked while picketing Scientology locations. Specifically, September 13, 1997 as reported in Biased Journalism Vol. 3, issue 6, at: http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/biased/biased.3.6.html#1 November 26, 1997 as reported in Biased Journalism Vol. 3, issue 7, http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/biased/biased.3.7.html#2 "Battle of the Grandpas" And on July 2, 2000. The tape of this incident was shown to the California Highway Patrol within a few days. "Officer Mushaney knew *exactly* who I was because the clams had delivered a tape of me in the middle of the road for the officers to watch and as a result cite me for jaywalking. The officers who looked at the tape concluded I was trying to get away from Edwin Richardson and the other thug . . ." (From Henson's posting of July 4, 2000). 76. Scientology has policies for and a history of locking people up in dangerous places such as chain lockers on ships. This is covered in every one of the expose books on scientology. http://www.b-org.demon.nl/scn/deaths/childabuse.html http://www.xs4all.nl/~kspaink/cos/mpoulter/worst/lockers.html From the book "Messiah or Madman" by Bent Corydon
Hubbard had ordered a little girl who was a deaf-mute down into the chain locker sometime in 1968. Hubbard was going to cure her deaf-ness by shoving her down there! This came to my attention after she'd been there for about a week because the Master at Arms at the time, a beautiful girl, came to me and said, "John, I've got to have you come and see what's going on."From the book "Religion Inc.: the Church of Scientology " by Stewart Lamont
McMaster remembers once being asked by the Master at Arms to come and help her, he pulled up the wedge from the chain-locker, a dank and unhealthy part of the ship into which offenders were flung without food as a punishment. Out crawled a little girl who turned out to be a deaf-mute who had been unable to write her name and had incurred the Commodore's wrath.From the Affidavit of Monica Pignotti
I also witnessed a fourteen year old boy being locked up in the chain locker of the ship, where he was made to spend the night. The chain locker is a small dark space where the chain to the anchor to the ship is stored when the ship is not at anchor. The boy was being put in the chain locker by three teen-age L. Ron Hubbard messengers. I witnessed this happening several times to people, even though I never experienced it myself.Interview with David Mayo
The length of time for children would vary, but no one was there less than a day. The average was a week or two. Three weeks was about the maximum. Age didn't matter. The youngest kids were 5, 6 or 7. Old, young, men, women, big, little; it wouldn't matter because to Scientologists the being is ageless so you don't think in terms of how young or old someone is.77a. Stacy Meyer was electrocuted in a transformer vault June 25, 2000. 77b, The OSHA report claimed she had placed a 6 foot stepladder in an 8 foot deep vault and entered the vault over her concerns about ground squirrels. 77c."Squirrels" have a special and derogatory meaning in Scientology.
"My investigation discovered that the victim [Stacy Moxon] for reason unknown entered the electrical vault. Statements from persons familiar with the victim indicated that she had no reason to enter the vault." OSHA DR00177018 continuation sheet page 13 lines 16-18.In the OSHA report the four ground squirrel stories by Hoden and others are inconsistent. One claims Stacy had a pet squirrel another claims she was trapping them and a third says a gardener was trapping squirrels and she was trying to get them released. Employee Witness Statements in the OSHA file material publicly released. 78. The first draft of these stipulations were not written by the DA's office. 79. The first draft of these stipulations were written by Church of Scientology International or their agents. 80. Sixteen year old Ashlee Shaner died May 17, 2000 on the road in front of Golden Era as a result of a collision with construction equipment being moved after dark without proper precautions to protect motorists. (Traffic Collision Report #2000-05-056, page 12, lines 33-41.) A manslaughter charge was recommended against the driver of the construction equipment. (Page 15, lines 22-26.) 81. Traffic Collision Report #2000-05-056 states that Golden Era staff had asked the construction workers to work late. (Page 11 lines 30-31.) 82. Henson begin to picket (to a seemingly deserted base) over Ashlee's death on May 26, 2000. 83. The teachings of Scientology condone lying and manufacturing evidence.
"THE ONLY WAY YOU CAN CONTROL PEOPLE IS TO LIE TO THEM. You can write that down in your book in great big letters." L. Ron Hubbard Technique88 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CASE NO. 99-7430-CI-08 RICHARD W. HOWD, JR. vs. ROBERT S. MINTON, JR. Page 49, Injunction hearing Nov 9 2000, 10 THE COURT: Okay, I think what he is
11 trying to do, and he is not doing it too
12 artfully. He is asking you, what is L. Ron
13 Hubbard's definition in toto in that book on
15 THE WITNESS: Can I state something
16 to --
17 THE COURT: Answer my question.
18 THE WITNESS: The definition of truth in
19 this book is: Truth is what is true for you.
84. Henson has viewed the Sally Jesse Raphel show Air Date: July 9, 1991, Transcript #741 where Roxanne Friend (now dead from cancer) described her treatment by Scientology agents.
http://www.rickross.com/reference/Art72.html SALLY: Wait a minute. "Escorted me physically" is kidnapping, right? ROXANNE: Whatever words you want to use. I don't know what word to use for it. SALLY: Escorted -- OK. ROXANNE: Escorted me, physically, without my volition, into this Winnebago, drove me down to Florida, put me in a little apartment, had a guard at the front door, a guard at the back door, no telephone. Both my parents tried to contact me while I was there. I tried to get them to mail letters for me, which they would not or did not mail. And I stayed in that room for four weeks, stating, merely on a daily basis, at least for two of those weeks, that I'm being held there against my will, that it was illegal, and that I did not want to be there. And finally, the day they let me go, they gave me a declaration. That's part of their ethics policies they have declarations. SALLY: Why did they finally let you go? ROXANNE: Because I kept saying that every day, and I refused to get their auditing and counseling.Transcript and video tape available. 85. Henson's attention was directed to the news group alt.religion.Scientology when, early in 1995, there were widespread reports that scientology lawyer Helena Kobrin had sent an rmgroup command onto the Internet computer network instructing all participating sites to remove this newsgroup. (An rmgroup deletes all the articles and the directory in which the articles are stored on a computer being used for Usenet news. This is the message and the threating text which was included.)
Control: rmgroup alt.religion.scientology Path:uunet!cs.utexas.edu!howland.reston.ans.net!ix.netcom.com!netcom.com! hkk From: hkk@netcom Subject: cmsg rmgroup alt.religion.scientology Message-ID: hkkD29JJB.1GA@netcom.com Followup-To: alt.config Sender: firstname.lastname@example.org (Helena Kobrin) Organization: NETCOM On-line Communication Services (408 261-4700 guest) Date: Wed, 11 Jan 1995 22:52:23 GMT We request that you remove the alt.religion.scientology newsgroup from your site. The reasons for requesting its removal are: (1) It was started with a forged message; (2) not discussed on alt.config; (3) it has the name "scientology" in its title which is a trademark and is misleading, as a.r.s. is mainly used for flamers to attack the Scientology religion; (4) it has been and continues to be heavily abused with copyright and trade secret violations and serves no purpose other than condoning these illegal practices. Please confirm that you have removed this newsgroup from your system. Helena K. Kobrin Counsel for trademark and copyright ownerMrs. Kobrin's message had a similar psychological effect on Internet free speech advocates that a gang of thugs riding into a small town and burning down the newspaper would have had 100 years ago. 86. Henson learned of Lisa McPherson's death which occurred December 5, 1995 in 1996. From: http://www.lisamcpherson.org/
On December 5, 1995, Lisa McPherson was dead on arrival at a hospital north of Clearwater Florida. According to the coroner's report, Lisa was underweight, severely dehydrated, and had bruises and bug bites. Lisa's last address was listed by the police as 210 S. Ft. Harrison in Clearwater Florida, which is the Fort Harrison Hotel, a Scientology property. Lisa had been a Scientologist from the age of 18 to her death at age 36. Lisa was put on the Introspection Rundown that Scientology uses to handle those who have had a psychotic break. 87. Scientology organizations in Florida were indicted in the death McPherson. Police recommend criminal charges in Scientologist death, 5:47 p.m. PST Tuesday, December 16, 1997
CLEARWATER, Fla. (AP) -- Police have recommended criminal charges in the case of a Scientologist who died in 1995 after spending 17 days at a church retreat. http://trancenet.org/groups/news/1297.shtml "Presented here is the indictment and the witness affidavit in the case of Lisa McPherson, who died as a result of the tender ministrations of the Church of Scientology Flag Service Organization. She died because Scientology was too afraid to let her stay in the hospital, for fear that she might actually be treated by "psychs." ABUSE, AND/OR NEGLECT OF A DISABLED ADULT, 2°F UNAUTHORIZED PRACTICE OF MEDICINE, 3°F IN THE NAME AND BY THE AUTHORITY FOR THE STATE OF FLORIDA: "BERNIE McCABE, State Attorney for the Sixth Judicial Circuit of Florida, in and for Pinellas County, prosecuting for the State of Florida, in the said County, under oath, Information makes that CHURCH OF SCIENTOLOGY . . ."Indictment information at www.deja.com, power search for author Deana Holmes Sep 9 1999. 88. Henson was sued by Ken Hoden (Scientology staff member) in Riverside. KENNETH HODEN, vs. H. KEITH HENSON,
Case No. RIC 306884
http://www.lermanet.com/cos/hensonmotion.htm 89. Henson was sued by Glenn Barton (Scientology staff member--Los Angeles). Barton v. Henson (Los Angeles Superior Court Case No. BS 047684) 90. Henson was sued by Jones (Scientology staff member--Clearwater, FL).
"On December 6, 1997, a picket and vigil for the late Lisa McPherson was planned to take place at Clearwater, Florida. Concerned that Mr. Henson might attend this picket, the Church of Scientology ensured that Muriel Patricia Jones obtained an ex parte temporary injunction ordering Mr. Henson not only to stay away from Ms. Jones, but to also "stay at least 100 yards away from 14 designated Scientology buildings." Although Mr. Henson did not go to Florida and join the Clearwater picket, Scientology is still proceeding with this litigation. It can be referred to as Henson VI"http://www.lermanet.com/cos/hensonmotion.htm 91. Henson has been citizen's arrested while picketing by Glenn Barton, Edwin Richardson and Ken Hoden. 92. On March 26, 2000, Henson filed a rule 60(b) motion in his copyright case due to Scientology lawyers and agents attacking Mr. Berry (based on Cipriano's declarations).
"In August, 1999, a little over a year after the judgment date on the copyright issues in the underlying case, Mr. Robert Cipriano stepped forward with a remarkable declaration (Exhibit A, inch-thick supporting documents 1-50 omitted, but available on request) alleging criminal activities; impersonating a police officer, blackmail, bribery, suborning perjury, perjury, and witness tampering. These actions were orchestrated by the plaintiff's private investigator, Eugene Ingram, and plaintiff's lawyer, Kendrick Moxon. Graham E. Berry was the target of these activities. The court will recall that Mr. Berry was the defendant's lawyer for a period which included trial on both the copyright and the contempt issues."Full text posted on a.r.s, may be found www.deja.com using Keith Henson and the date Mar 28 2000. Or available as hard copy. Cipriano declaration is at: http://www.lermanet.com/reference/cipriano.htm 93. On July 17, 1996 a federal judge threw out the last part of a $415 million lawsuit brought by the Church of Scientology against Time Warner Inc. The suit charged that Time magazine maliciously libeled the church in a 1992 article that called it a "cult of greed." The article charged Scientology was a "ruthless global scam" posing as a religion. It said it was not a religion but an organization obsessed with making money. A Time representative said: "Scientology's efforts to punish Time for reporting about it have failed because of the First Amendment, and because of Time's willingness to defend its article and not be intimidated by the Church's apparently limitless legal resources." In defending its right to publish its opinion, Time magazine reportedly wound up spending 7 million dollars in legal fees. 94. Scientologists believe OT VIIs (a level of Scientology "training") are at cause over MEST (matter, energy, space and time). 95. Henson carried signs while picketing which included the names of Scientology victims Lisa McPherson, Ashlee Shaner, and Stacy Moxon Meyer. 95. Golden Era is securely guarded.
ANDRE TABAYOYON AFFIDAVIT
The following are additional suggested stipulation points suggested by my wife. 1. Henson has never been arrested by the police. Henson has only experienced "citizen's arrest" by Scientologists while he was picketing. 2. Henson has been a free-speech advocate since he was in college, starting by working on an alternative (humor) school newspaper, The Frumious Bandersnach at the University of Arizona in 1965. 3. Henson founded a space-advocacy organization in the 1970s and, when attacked on television by Lyndon LaRouche, fought the LaRouche organization (with humor). 4. Henson has spent much of his life as a "public citizen," speaking (once before Congress) and writing about public-interest issues. (See enclosed article "Star Laws".) 5. Henson's interest in pyrotechnics has always been professional (geophysical blasting), recreational, or educational producing fireworks shows and special effects for his friends and once (in Scotland) for the public. Henson also has taught pyrotechnique safety to middle school students. It should be noted that there is no record anywhere which states that Henson ever used explosives as weaponry against persons or property; or threatened to use explosives as weaponry; or trained to use explosives as weaponry; it being contrary to his character and nature to do so. Henson will further testify to these facts in person. 6. No injury or property damage has ever resulted from any Henson pyrotechnic display or professional explosives work. 7. Henson is recognized by his neighbors and friends as a good citizen. These neighbors and friends have fended off Scientology-funded detectives and interrogators by countering with stories about his good name, or by reporting private investigators to Henson. 8. Henson's parents, consulting clients, home and his wife's workplace have all been picketed numerous times this year by Scientologists. 9. Scientology has a policy of "fair game," in which people designated enemies of Scientology are placed outside the pale of ordinary human respect and lawful intercourse, to be harassed, sued and tricked. This policy has never been rescinded.
HCO Policy Letter of 18 October 1967, Issue IV PENALTIES FOR LOWER CONDITIONS . . . . ENEMY SP Order. Fair game. May be deprived of property or injured by any means by any Scientologist without any discipline of the Scientologist. May be tricked, sued or lied to or destroyed.10. Henson believes himself an object of the "fair game" policy of Scientology. "In Wollersheim v. Church of Scientology of California (the "mother church" of the Churches of Scientology at the time the suit was filed), the California Appeal Court ruled, in a decision upheld by the US Supreme Court: "Wollersheim was compelled to abandon his wife and his family through the policy of disconnect. When his mental illness reached such a level he actively planned his suicide, he was forbidden to seek professional help. Finally, when Wollersheim was able to leave the Church, it subjected him to financial ruin through its policy of 'fair game'." (JCA-147, pp.A-7, 15 & 16). At appeal, Scientology asserted that "fair game" was a "core practice of Scientology", and therefore protected as "religious expression". This position was also made on behalf of Scientology in the case against Gerald Armstrong, in 1984, by religious expert Dr. Frank Flinn (JCA-45). 11. Henson does not know the persons in the complaint by sight or by any other means. Henson has never knowingly addressed these persons in any way. 15. A partial transcript of an uncorrected deposition (taken under false colors) of Henson in his bankruptcy was entered in evidence in this action by attorney Samuel Rosen. 22. Henson is a computer consultant working (sometimes) from his home. 23. Henson's clients have been picketed, deposed, leafleted, and in one case, (MediaGate) their offices were invaded by Scientologists. 24. Henson was driven into bankruptcy by Scientology litigation. 25. Henson's bankruptcy plan has been opposed by a branch of Scientology, the "Religious Technology Center," for 2-1/2 years. 26. The "Church" has taken the occasion of Henson's bankruptcy to abusively depose him several times, his wife for 14-1/2 hours (using Office of Special Affairs staff and New York attorney Samuel Rosen), and his daughter (reduced by court order to one hour from an all-day proposed abusive deposition by Rosen). 27. RTC was sanctioned $1,000 by the Central District of California bankruptcy court for their actions in forcing the seeking of a protective order for Henson's daughter. RTC has appealed this sanction. 28. Scientology attorneys Gerald Feffer, Eliot Abelson, Samuel Rosen, have advised DDA Schwarz in this case. (Perhaps other Scientology lawyers as well.) DDA Schwarz has shown Graham Berry letters from outside lawyers including Feffer. 29. Scientology lawyer Rosen claim in federal bankruptcy court on September 13, 2000, the Scientology has spent more than $2 million in actions against Henson. (tape of the hearing available) 30a The writings of Mr. Hubbard included statements about disposing of as many as 2 1/2 percent of the population of Earth "without sorrow." (Some 150 million people.)
"There are only two answers for the handling of people from 2.0 down on the tone scale, neither one of which has anything to do with reasoning with them or listening to their justification of their acts. The first is to raise them on the tone scale by un-enturbulating some of their theta by any one of the three valid processes. The other is to dispose of them quietly and without sorrow." http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/germany/quotes.html31. Abelson, Moxon and Rosen have engaged in extensive defamation of Mr. Henson's attorney, Graham Berry, who has had to limit his involvement in this case due to harassment by the "Church" of Scientology, as stated in Berry's declaration of November 27, 2000. This includes defamatory material circulated in the last few months on the stationery of Abelson to Berry's parents, neighbors of a friend, friends, acquaintances and neighbors in the United States and New Zealand. 32. Both Abelson and Rosen have engaged in intimidation of Mr. Berry including, but not limited to, physical threat. Declaration of Grady Ward, witnesses. 32a. Rosen has lied on record, stating to Henson's wife at her latest deposition on October 23, 2000 that former Religious Technology Center (RTC) head Warren McShane, sitting next to Rosen, was not laughing, when all present could see that he was. 33. Abelson engaged in intimidation of Mr. Henson immediately outside the courtroom in this case on October 27, 2000, in front of his wife and other witnesses. Abelson tried to give a toothbrush to Henson saying he would need it and making disparaging remarks about this court. 34. Eliot Richardson and Frank Petty are either volunteers or in the pay of the "Church" of Scientology or one of its many corporate entities. 35. Richardson and Petty have both claimed to be private detectives, and Mr. Petty has allowed neighbors of one object of surveillance to think he was employed by the FBI. Testimony of Ida Camburn. 36. Richardson and Petty have engaged in extensive surveillance of Henson, Berry, Henson's wife, other picketers, and community members in Hemet, including sitting in cars outside the residence of one 77-year-old grandmother who hosted Henson and his wife. Testimony of Ida Camburn. 37. Petty threatened to run Henson down with his car in September 17, 2000, as recorded on videotape and sworn to in declarations by two witnesses. Henson made a report of this to Hemet police who told him he was not scared enough for the threat of being run over to be a crime. Tape of the incident, declarations of Henson, Lucas and Stone. 39. July 21, 2000 Richardson and Petty followed Henson, his wife and daughter to the University of Redlands attended by his daughter. Richardson and Petty were detained by the school's security force, and local police were called. Richardson and Petty were henceforth barred from setting foot on that campus. Report available from Redlands security, reported on a.r.s by Henson July 22, 2000. 40. Rosen sat by without aiding Henson or reporting the attack during a physical attack on Henson by Helena Kobrin and Alan Cartwright, two operatives of the Office of Special Affairs, during a deposition June 18, 1998 in San Jose.
"4. Plaintiff's lawyer Helena Kobrin was extremely upset at defendant's seeing this document and (with her paralegal assistant) came around the table and physically attacked defendant and ripped the paper into pieces as defendant was reading the document which-- after being admitted as an exhibit by the court reporter-- Mrs. Kobrin now claimed was "privileged." http://www.demon.co.uk/castle/helena/ho_attack.htmlThere is also a police report filed a criminal complaint against Helena Kobrin and Alan Cartwright, #98-170-9717, incident type 240//242. 41. Richardson and Petty followed Henson (walking) for at least ten days as he picketed alone and with others on Gilman Springs Road, threatening him and his family and making defamatory remarks. The first day Richardson and Petty chased him onto the highway and then called the Highway Patrol to report him jaywalking. Testimony of CHP Officer Mushaney. 42. Richardson took extensive photographs of Henson's wife while hiding behind a guard shack during her picketing at Golden Era on September 25, 2000. Richardson and others have extensively photographed and videotaped picketers and anyone who stops along Gilman Springs Road near their paramilitary complex there. Anybody who stops is subject to harassment by Richardson, Petty and/or scientologists or their hirelings. Testimony of Henson, reports written at the time, testimony of Brent Stone. 43. Investigators hired by Scientology or members or hirelings of them are still engaged in surveillance of the neighborhood of Sierra Dawn in Hemet. Having been asked to stop parking all night in front of residents' homes Michael Van Camp, they are limited to driving by once an hour, which they often do. 44. Henson is acquainted with at least 20 ex-members of Scientology, some of whom he encouraged to leave. I cannot afford to pay Mr. Harr to spend a lot of time making no progress in dealing with Mr. Schwarz (who seems to lack authority). I believe an evidence hearing is the only way to deal with the intractable differences so we can get on to a motion on the Constitutional issues. Legally a Constitutional motion would be based on the facts and an application of the _Brandenburg_ doctrine, under which speech cannot be punished unless it is clearly likely to lead to "imminent lawlessness." The "threat" statutes have never been applied to the extended interchange of speech on a news group. I printed out a map and some of an extended discourse of which the DDA has cited a single line (the sardonic joke about eagles and cruise missiles) as a threat. There were dozens of people involved in that thread who made a total of 144 postings. One of them was a veiled death threats by someone who was assumed to be a Scientologist. Barbara Warr replied to him, with the humors eagle post and I replied to Barbara. Respectfully submitted, H. Keith Henson
cc DDA Schwarz
PS this is the letter which caused Scientology to sue me for willful copyright infringement in case # C-96-20271 in the United States District Court for the Northern District of California, Religious Technology Center v. Henson. The original letter included the entire quote of NOTs 34 (cut here to a few lines)
March 26, 1996 Ronald M. Whyte, Federal Judge