Ok folks, this is about ready to go, all the exhibits are printed and I have gone through all the suggested changes. There have been some serious changes and additions based on your input. I have not pulled the URLs but will before printing. (And will try to find a home for the final linked version.)
Word shows no grammar or spelling errors, but that does not mean it is clean copy. (Canadian clean copy that is. :-) )
I want to put this out by Fed Ex on Tue, so if you have changes you should make let me know by Monday evening.
My sincere appreciation goes to those of you who posted suggestions or sent them to me in email.
H. Keith Henson
2237 Munns Ave.
Oakville, ON, L6H 3M9
June 16, 2002 Amicus curia brief, for entry in the case file.
The Honourable Judge Schaeffer
315 Court Street
Clearwater, FL 33756
Re CASE NO. 00-5682-CI-11 and related
Dear Judge Schaeffer:
If there is a requirement to be formal, this is also H. KEITH HENSON'S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN DEFENDANTS' OMNIBUS MOTION FOR TERMINATING SANCTIONS AND OTHER RELIEF.
I request this brief be entered in the file and formally noticed to the parties.
My name has come up several times in the hearings you are conducting.
I am one of the two fugitives from Scientology's systematic abuse through the legal system who have escaped to Canada (the other being Gerry Armstrong). I have reason to fear for my life were I to return to the US. However, if you want to question me under oath about any of these matters brought up in this brief I can appear by telephone.
This unusual brief is to alert the court to certain well-documented matters of public record that relate directly to the hearings you are conducting. I hope you do not mind me being honest.
To quote you (Minton testimony Vol. 5, page 676)
" . . . this hearing has certainly alerted me to the fact that there are issues to be resolved in abuse of process."Mr. Minton then tried to fill you in by listing some of the recent unjustified cases brought against Mark Bunker, Jesse Prince, Bob Minton and me.
Also, in Vol. 14 pages 1855 you said: "
20 . . . I take great offense at the fact 21 that you think that Mr. Rinder in any way, shape, or 22 form has any power, control, or otherwise over me, any 23 other judge, or over the state attorney.
The courts depend on people respecting them; that is the root of their authority. Where scientology is concerned, the very reputation of the courts is being tarnished. You are properly offended by the lack of respect inherent the concept that Mr. Rinder (i.e., Scientology) "has any power, control . . ."
Unfortunately it is a very wide spread opinion that Scientology does have excessive power over the course of litigation, judges and officials elected or appointed. Every single one of the lawyers I know who has had extensive contact with the cult's litigation machine feel betrayed by the courts. These lawyers see the courts as incapable of dealing with Scientology.
The cult creates a case against every case, overwhelms the other side, pulls the wool over the judge eyes or terrorized the judge. In the worse case it attacks the judge and then asks for the judge to be recused for prejudice. (Exhibit K)
Their heinous reputation precedes them. In my case in Hemet, California that made me an exile the first judge assigned was in stark fear of the cult (expressed in chambers to my lawyer), the second used a flimsy excuse of knowing a prosecution witness to recuse himself.
The third judge may not have been in their pocket, but he ruled against me presenting witnesses and would not permit the introduction of material such as Scientology's fair game policy. He also falsified a minute order and sealed parts of the transcript in violation of the rules of the court to cover up his false minute order.
Hemet is even more of a stronghold of Scientology than Clearwater. In spite of that, the Sheriff's department did not seem corrupted at first. Deputy Tony Greer wrote:
"In reviewing all of the Internet postings I did not see any direct threat of violence towards the church or any personnel of the church."
Deputy Greer was then ordered by the District Attorney to interview Scientologists and recommend prosecution. A chance look by Mr. Berry at an open file on the DA's desk revealed a letter putting pressure on the DA by Gerald Feffer, husband of Monique Yingling who may testify in your court. If you are interested in other indications of corruption of the judge, the DA, and even the jury in Hemet I can supply them in detail.
On page 1859 you mentioned what you considered a counter example, Bernie McCabe filing the charges he did against Scientology, the ones you eventually approved of him dismissing.
The police recommended manslaughter charges against three individuals. Mr. McCabe filed the minimum charges he could against the corporation, abuse of a dependent adult and practicing medicine without a license. (The public would have taken him to task if he had filed nothing at all.) I am sure he expected Scientology to pay the tiny $11,000 fine and be done with it.
I can imagine his surprise when Scientology spent at last a hundred times the fine in court actions (which ate into the prosecutor's budget) and put enough pressure on Dr. Joan Wood to get her to change the manor of death to "accidental."
The limited charges brought would have been valid even if Lisa McPherson had lived but Mr. McCabe used Dr. Wood caving in as an excuse to drop the charges entirely.
Having been under attack by Scientology for years I have a great deal of sympathy for Mr. McCabe, and even more for his budget. But what he did contributed to the public perception that the cult uses overpowering influence against officials.
I know from thousands of comments on the Internet my view of this situation is widespread.
Even though L. Ron Hubbard has been dead since 1986, his policies are still the law within scientology. Those policies require the systematic use of the legal system to punish its enemies--i.e., anyone who opposes them. Exhibit L:
"The purpose of [a lawsuit] is to harass and discourage rather than to win. The law can be used very easily to harass, and enough harassment on somebody who is simply on the thin edge anyway, well knowing that he is not authorized, will generally be sufficient to cause his professional decease. If possible, of course, ruin him utterly."
"A Manual on the Dissemination of Material" (first published in Ability, the Magazine of DIANETICS and SCIENTOLOGY, 1955) Note: this paragraph has apparently been purged from later editions of the "Manual"
This has been going on for decades and at least a hundred people have been crushed by Scientology litigation.
You might already know that the transcripts of the hearings in front of you have been made available on the Internet. There is a good deal of interest in them--which has caused the site to be moved at least twice because of high traffic.
In reading those transcripts I found that Mr. Minton was confused about which case he funded among the 11 or 12 cases Scientology brought against me or caused the state to bring against me. Mr. Minton funded only a criminal defence and not the copyright case.
Mr. Minton paid part of my legal defense in a Scientology criminal frame-up in1997 and gave me a small donation in 1998. That donation has been used as an excuse to depose him abusively 3 different times in my bankruptcy case and now to demand payment of over a million dollars from him because that is what they claim to have spent on the many cases they field after the date Mr. Minton funded my defense. (Graham Berry, the lawyer who defended me, was subsequently sued several times by Scientology and attacked by Scientology through the California Bar to the point he is now penniless and on public welfare.)
They also want over $300,000 from Mr. Minton in compensation for legal expenses against me they have not yet incurred! (The exact numbers can be found in Mr. Rosen's list discussed in the last few pages of Vol. 10 of Mr. Minton's testimony.)
In considering the oddities of the testimony you might want to keep in mind that Mr. Minton has been deposed several times in every Scientology case in the past few years no matter how remote. It is understandable that he finally reached the point where he is just trying to get out--though the possibility of something more sinister cannot be dismissed. As brought out in the testimony they also filed suits against Mr. Minton for over $10 million. Regardless of the merits of these suits they must be defended or defaulted. Defending them can be expected to eat up every dollar he has or could expect to earn for the rest of his life.
You have seen right in front of you how Scientology has forced disclosure of the funding available to their opponents.
Scientology's copyright case against me started with a letter I wrote to Federal Judge Whyte (Exhibit A) in the spring of 1996 where I quoted a Scientology instruction manual, NOTs 34 (Exhibit B) containing some of Scientology's "medical treatment policies" similar to those used to "treat" Lisa McPherson. I lost the case (mostly pro se against 20 top copyright lawyers).
Scientology does not approach the courts to seek justice that they believe they deserve, but blatantly use the law in ways it was not intended and which are contrary to public policy. In my copyright case the Wall Street Journal (Exhibit C) said:
"Judge Whyte, in short, has turned copyright law on its head. The purpose of the law is to encourage free speech, giving authors and artists comfort in knowing that others cannot misappropriate their works for their own profit. The essence of the matter before him, as anyone not blinded by a Pecksniffian literalness can see, is that the plaintiffs are using the law to muzzle their critics. In addition, the judge is in the process of morphing an already dubious tort case into a criminal matter through the contempt power--a threat to freedom of speech well recognized in the First Amendment community.
The whole criminal and civil proceedings over the death of Lisa McPherson has likewise "turned the law upon its head", and made its purpose to punish her Estate and its supporters for daring to complain of her death.
Near the end of Vol. 10 of Bob Minton's testimony Mr. Rosen is reported to have listed cases against their critics in which Scientology spent $34.95 million. I believe the real number (including private investigators and investigating, attacking, and trying to influence judges) is perhaps closer to $35 million *a year*. (See Exhibit K, American Lawyer, December, 1980, Scientology's War Against Judges.)
Jesse Prince, should you get him on the stand, has a detailed knowledge of how Scientology influenced, or at least tried to influence, judges through the judges' friends and family. (Exhibit M) [There is long taped interview of Jesse Prince that goes into details at http://www.offlines.org/jt1.txt if you want to access it.] The odds are they have investigated you no less than Bob Minton.
Scientology spent at least ten million dollars in their attempt to destroy Mr. Berry. (Their latest was a try to confiscate an airline ticket bought for him by a third party so he could attend an awards meeting in Germany.)
Prior to 1993 Scientology was estimated to have spent $125 million trying to sue the IRS into submission. The estimate for how much Scientology spent over 22 years delaying payment to Wollersheim is $140 million, or close to $7 million a year. They spent $20 to $50 million destroying the Cult Awareness Network (CAN), American Lawyer, June 1997 "Did Scientology Strike Back?" by Susan Hansen,
(Exhibit J), including payments to their Master's-degree-in-acting spy inside CAN, Jolie Steckart. (Jolie is also mentioned in the transcripts.) F.A.C.T.Net (run by Lawrence Wollersheim) spent about $4 million defending themselves against attacks using the courts, and there are other similar cases such as the attack on Grady Ward.
Time Magazine spent over $10 million successfully defending their "Cult of Greed and Power" article (Exhibit D) to the Supreme Court. You can make your own estimate as to how much Scientology spent, but as one example of abuse, Scientology deposed the article's author, Richard Behar, for 56 days.
By those standards, what Scientology has spent on me is small potatoes. On Sept. 13, 2000, Mr. Rosen stated in a federal bankruptcy court that Scientology's RTC corporate shell had spent $2 million in legal fees on me. Eight hundred thousand of that was using the bankruptcy court as a punishment mechanism where the maximum possible recovery (had I been wealthy) was about $200,000. Since then, about 3-4 feet of filings have been made, in both Bankruptcy court and appeals to the Federal court, so the amount may be closer to $3 million by now. (I cannot reconcile this with the $1 million in Rosen's list.)
If $3 million is accurate, they have spent about ten times my yearly gross income for each of the last 6 years.
When RTC was getting a court order to depose my daughter in 2000 (who had just turned 18) Judge March of the Central District of California said:
"'I don't think I've even seen a Chapter 13 docket that ran 34 pages in this district. I was amazed when we requested the docket from the Northern District of California and they faxed down 34 pages of their docket from the clerk's office, and I don't think I've ever seen a Chapter 13 case where so many people have had either 2004 exams or depositions taken. It's---it's absolutely amazing.' (p.20)
"'I think in light of the history of this case that is reflected in the docket of the N.D. of Cal, which I take judicial notice of, and is reflected in the motion, that there have been a lot of long contentious and duplicative discovery in depositions taken, and that therefore, it was appropriate to move this court for a protective order.'(p.24)
Judge March limited my daughter's deposition to one hour and awarded sanctions to my daughter of $1,000. Needless to say RTC appealed the decision. Replying to the appeal cost far more than the (never paid) sanction.
Being a former tax lawyer, you might appreciate the sweetheart deal Scientology obtained from the IRS in 1993 when they paid 1.2 percent of what they themselves estimated they owed and obtained tax deductions for "services" in violation of the law.
January 29, 2002 Judge Silverman in the Sklar appeal to the Ninth Circuit wrote:
" . . . . An IRS closing agreement cannot overrule Congress and the Supreme Court.
"If the IRS does, in fact, give preferential treatment to members of the Church of Scientology -- allowing them a special right to claim deductions that are contrary to law and rightly disallowed to everybody else -- then the proper course of action is a lawsuit to put a stop to *that* policy. The remedy is not to require the IRS to let others claim the improper deduction, too." (Exhibit E, paragraphs 24 and 24, page 14)
I have discussed such a lawsuit with one of the lawyers before your court. His estimate is that such a suit would cost $4 million (because Scientology would intervene) or perhaps more with no chance to recover of any of the cost. So the illegal "preferential treatment" for Scientology--which greatly contributes to their cash flow and ability to abuse the legal system--is likely to remain the "law of the land."
As to how Scientology got such "special consideration," this is in an article by Douglas Franz of the New York Times:
"The decision to negotiate with the church came after Fred T. Goldberg Jr., the commissioner of the Internal Revenue Service at the time, had an unusual meeting with Miscavige in 1991. Scientology's own version of what occurred offers a remarkable account of how the church leader walked into IRS headquarters without an appointment and got in to see Goldberg, the nation's top tax official. Miscavige offered to call a halt to Scientology's suits against the IRS in exchange for tax exemptions." (Exhibit F, page 2)
In a remarkable precedent to the current situation with Mr. Minton, the heading on Exhibit F page 8 reads: THE UNUSUAL PEACE: AFTER A MEETING, A 180-DEGREE TURN. Page 10 reads: THE AFTERMATH: A FORMER ENEMY BECOMES AN ALLY. So if you wonder about Mr. Minton crumbling in the face of incessant Scientology litigation, consider that even the IRS folded, after (it is believed) the commissioner was entrapped and blackmailed. Some of this is covered in Exhibit G:
On Saturday, September 01, 2001 - 09:28 am Patricia Greenway (who is often in your court) wrote:
"Another gentleman told us that a lady friend of his, used to work for the IRS as the secretary to Fred Goldberg. Yes, she was on staff and at her desk the day that DM blew past her to Mr. Goldberg's office. She was astounded that someone could enter that office without an appointment, as it had never been done before during her employment. There are a lot of other elements to this story, but once again, we cannot reveal them in a public forum....."
The full post is Exhibit H.
More can be found here in a letter (Exhibit I) from another of the lawyers, Graham Berry, who has been before you (by phone?).
As I mentioned, Mr. Berry has been reduced to living on welfare by the cult's incessant attacks on him in retaliation for representing a number of clients, including me, against the cult. At least 3 judges who have ruled against him were later found to have close connections to Scientology, in one case, the Judge's wife was *employed* by them.
I am sure you are well aware of the cult's efforts that finally succeeded in driving medical examiner Joan Wood from office. If it is not well known to you that she spent nearly a year in a mental ward after being forced from office, there are people in your court every day who can confirm this.
Scientology is willing to spend 10 or even 100 dollars to force an opponent to spend a dollar.
In Religious Technology Center - a Scientology corporation - vs. Robin Scott, the court stated that the RTC has a "documented history of vexatious behaviour" and abuses "the federal court system by using it, inter alia, to destroy their opponents, rather than to resolve an actual dispute over trademark law or any other legal matter."
RTC vs Scott, Nos. 94-55781 & No. 94-55920; 1996 U.S. App. LEXIS 8954 (9th Cir. 1996)
Scientology is not the only example where large amounts of money have distorted justice. (The tobacco cases, OJ Simpson, and Microsoft come to mind.) The use of courts this way to economically destroy opponents was not an anticipated abuse of the legal system. To date the courts have found no way to control this abuse.
"Plaintiffs have abused the federal court system by using it, inter alia, to destroy their opponents, rather than to resolve an actual dispute over trademark law or any other legal matter. This constitutes 'extraordinary, malicious, wanton and oppressive conduct.' As such, this case qualifies as an 'exceptional case' and fees should be awarded pursuant to the Lanham Act... It is abundantly clear that plaintiffs sought to harass the individual defendants and destroy the church defendants through massive over-litigation and other highly questionable litigation tactics. The Special Master has never seen a more glaring example of bad faith litigation than this."
RTC v. Robin Scott, U. S. District Court, Central District of California, No. 85-711-JMI (Bx) 85-7197-JMI (Bx), January 20, 1993, Memorandum of Decision
Scientology's goal in the case before you seems to be to extend the hearing until the resources of the Lisa McPherson estate and Mr. Dandar are completely drained. So far it seems to be on track.
Please excuse the somewhat unorganized state of this letter/brief. There is a simply overwhelming amount of material to chose among. Additional legal reference I don't have at hand but that you could have a clerk look up include:
215 U.S. App. D.C. 206 (US v Heldt talking about Red Box data)
2 Rutgers J. Law & Relig. 1 (Law Review on CoS / DMCA / Censorship)
16 Rev. Litig. 747 ("Fair Game" leveling the playing field in CoS litigation)
This brief is made under penalty of perjury in that where there are statements of fact in this document, they are (to the best of my knowledge) true.
PS, this brief was posted on the news group alt.religion.Scientology with the exhibits hypertext linked. Since Scientology has a person assigned to read that news group (Rea Smith in Los Angeles) they can hardly claim not having notice of it and even my drafts.
++++++++++++ SACRED CULT SCRIPTURE +++++++++++++
Only attacks resolve threats.
In the face of danger from Govts or courts there are only two errors one can make: (a) do nothing and (b) defend. The right things to do with any threat are to (1) Find out if we want to play the offered game or not, (2) If not, to derail the offered game with a feint or attack upon the most vulnerable point which can be disclosed in the enemy ranks, (3) Make enough threat or clamor to cause the enemy to quail, (4) Don't try to get any money out of it, (5) Make every attack by us also sell Scientology and (6) Win.
If attacked on some vulnerable point by anyone or anything or any organization, always find or manufacture enough threat against them to
cause them to sue for peace. Peace is bought with an exchange of advantage, so make the advantage and then settle. Don't ever defend. Always attack.
Don't ever do nothing. Unexpected attacks in the rear of the enemy's front ranks work best.
-- L. Ron Hubbard HCOPL 1960-08-15
++++++++++++ SACRED CULT SCRIPTURE +++++++++++++
Find or manufacture enough threat against them to cause them to sue for peace. Originate a black PR campaign to destroy the person's repute and to discredit them so thoroughly they will be ostracized. Be alert to sue for slander at the slightest chance so as to discourage the public
presses from mentioning Scientology.
It is my specific intention that by the use of professional PR (black PR) tactics any opposition not only be dulled but permanently iradicated.
-- L. Ron Hubbard HCOPL 30 may 1974
++++++++++++ SACRED CULT SCRIPTURE +++++++++++++
And I call to your attention the situation of any besieged fortress. If that fortress does not make allies, does not send forth patrols to attack and harrass, and does not utilize itself to make the beseiging of it a highly dangerous occupation, that fortress may, and most often
The DEFENSE of anything is UNTENABLE. The only way to defend anything is to ATTACK, and if you ever forget that, then you will lose every battle you are ever engaged in, whether it is in terms of personal conversation, public debate or court of law. NEVER BE INTERESTED IN CHARGES. DO, yourself, much MORE CHARGING, and you will WIN. And the public, seeing that you won, will then have a communication line to the effect that Scientologists WIN. Don't ever let them have any other thought then that Scientology takes all its objectives.
-- L. Ron Hubbard HCOPL 30 may 1974 Magazine Article on Level 0 Checksheet
++++++++++++ SACRED CULT SCRIPTURE +++++++++++++
At this instance there are men hiding in terror on Earth because they found out what they were attacking. There are men dead because they attacked us -for instance Dr. Joe Winter. He simply realied what he did and died. There are men bankrupt because they attacked us - Purcell, Ridgeway, Ceppos.
-- L. Ron Hubbard Manual of Justice (Public Domain)
INTELLIGENCE SPECIALIST TRAINING ROUTINE - TR L
Purpose: To train the student to give a false statement with good TR-1. To train the student to outflow false data effectively. [...]
Training Stress: In Part 1 coach gives command, student originates a falsehood. Coach flunks for out TR 1 or TR 0. In Part 2 coach asks questions of the student on his background or a subject. Student gives untrue data of a plausible sort that the student backs up with further
explanatory data upon the coach asking further questions. The coach flunks for out TR 0 and TR 1, and for student fumbling on question answers. The student should be coached on a gradient until he/she can
lie facilely. [...]
-- [Cult document recovered in FBI raid]
++++++++++++ SACRED CULT SCRIPTURE +++++++++++++
THE ONLY WAY YOU CAN CONTROL PEOPLE IS TO LIE TO THEM. You can write
that down in your book in great big letters. The only way you can control anybody is to lie to them. When you find an individual is lying to you, you know that the individual is trying to control you. One way or another this individual is trying to control you. That is the mechanism of control. This individual is lying to you because he is trying to control you - because if they give you enough misinformation
they will pull you down the tone scale so that they can control you.
-- L. Ron Hubbard Technique 88
The past 8 years have consisted mainly of a prolonged, and ultimatly unsuccessful, attempt to persuade or compel the plaintiff to comply with lawful discovery. These efforts have been fiercely resisted by plantiffs. They have utilized every device that we on the District Court have ever heard of to avoid such compliance, and some that are new to us.
This noncompliance has consisted of evasions, misrepresentations, broken promises and lies, but ultimately with refusal. As part of this scheme to not comply, the plaintiffs have undertaken a massive campaign of filing every conceivable motion (and some inconceivable) to disguise the true issue in these pretrial proceedings. Apparently viewing litigation as war, plaintiffs by this tactic have had the effect of massively increasing the costs to the other parties, and, for a while,
to the Court. The appointment of the Special Master 4 years ago has considerably relieved the burden to this Court. The scope of plaintiff's efforts have to be seen to be believed. (See, Exhibit "A",
photo of clerk with filings, and Exhibit "B", copy of clerk's docket with 82 pages and 1,757 filings.)
Yet, it is almost all puffery -- motions without merit or substance.
-- Declaration of Hon. James M. Ideman 17 October 1994
Most of the prolix memorandum and almost 1,000 pages of accompanying exhibits and supplements have nothing to do with anything at issue in these consolidated cases. Instead, the papers recite every grievance allegedly suffered by Scientology at the hands of others for the past forty years. Plaintiffs have assembled this hodge-podge of grievances
into a conspiracy theory, in which each and every grievance is alleged
to somehow connect to this litigation. The ultimate aim is to convince the court that the counterclaims were dismissed because conspirators sabotaged this case, not because plaintiffs failed to comply with court-ordered discovery.
-- James G. Kolts, U.S. Special Master 23 July 1992
++++++++++++ SACRED CULT SCRIPTURE +++++++++++++
Don't ever tamely submit to an investigation of us. Make it rough, rough on attackers all the way.
-- L. Ron Hubbard HCOPL 25 Feb 1966
-- LYING IS A SCIENTOLOGY SACRAMENT ASK THEM ABOUT XENU Mike O'Connor http://www.leptonicsystems.com/