I have not been posting on this case because while funny at times it just was not that important in the overall scheme of things. But I needed to get this thing in a form where it was quoted and decided while I was using the news reader to just let it post. It was originally in two columns.
DAVIS & WOJCIK A PROFESSIONAL LAW CORPORATION ROBERT A. DAVIS Jr., Ca State Bar No. 160357 JOSEPH M. WOJCIK, Ca State Bar No. 177296 1105 E. Florida Ave. Hemet, Ca 92542 Telephone: (909) 652-9000 Facsimile: (909) 658-8308
SUPERIOR COURT OF CALIFORNIA COUNTY OF RIVERSIDE
JUN 14 2002
Elliot J. Abelson, Ca State Bar No. 41846 LAW OFFICES OF ELLIOT J. ABELSON 8491 West Sunset Boulevard, Suite 1100 Los Angeles, Ca 90069-1911 Telephone: (323)960-1935 Facsimile: (323)650-0398
Attorneys for Plaintiffs: Hilary Dezotell, Ken Hoden, and Bruce Wagoner
SUPERIOR COURT OF CALIFORNIA
COUNTY OF RIVERSIDE - HEMET BRANCH
CASE NO. HECO09673
PLAINTIFFS' SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION OF LIABILITY
Date: Time: Dept:
[The following documents are filed concurrently:]
1. Notice of Motion and Motion; 2. Memorandum of Points and
3. Declaration of Elliot J. Abelson 4. Separate Statement of Undisputed
Facts and Supporting Evidence; and,
5. Request for Judicial Notice
HILARY DEZOTELL, KEN HODEN, and BRUCE WAGONER,
H. KEITH HENSON,
SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION OF FIRST CAUSE OF ACTION
Plaintiffs Hilary Dezotell, Ken Hoden, and Bruce Wagoner ("Plaintiffs") submit this Separate Statement of Undisputed Facts in support of their Motion for Summary Adjudication of Issues as to the first Cause of Action. All references to supporting evidence are made to the Evidence In Support of Plaintiffs' Motion for Summary Adjudication ("Evidence") or Request for Judicial Notice in Support of Plaintiffs' Motion for Summary Adjudication "(Request for Judicial Notice").
1. Golden Era Productions ("Golden Era") is a division of the Church of Scientology that deals with the audio/visual materials for the church. This includes all the instructional films, videos, and tapes for all of the Churches of Scientology around the world.
Even this is not true. If you wanted to give them a lot of trouble you could ask them how many hours of film they have turned out at Golden Era in the last ten years. Someone put
2. Plaintiff Ken Hoden is the General Manager at Golden Era
3. Plaintiff Ken Hoden is a Scientologist and all staff members at Golden Era are Scientologists
4. Plaintiff Bruce Wagoner is a staff member at Golden Era and is a Scientologist.
5. Plaintiff Hilary Dezotell is a staff member at Golden Era and is a Scientologist.
6. Several months prior to September 2000, for a period of 40 days or more, Henson would come to Golden Era and
1. Exhibit A, pp. 152:27-153:2 to Abelson Dec.
2. Exhibit A, pp. 135:27-136:2 to Abelson Dec.
3. Exhibit A, pp. 152:23-153:16 to Abelson Dec.
4. Exhibit B, p. 310:6-25 to Abelson Dec.
5. Exhibit C, p. 327:12-22 to Abelson Dec.
6. Exhibit A, p. 142:18-28 to Abelson Dec.
run to the top of the pedestrian tunnels as the staff came out of the buildings to walk from one side of the property to the other. Henson would jeer or heckle the staff there everyday, several times a day as the staff would come out of the buildings at meal times.
7. When buses and cars arrived at Golden Era in the morning Henson would stand in front of the gate, run around the buses, yell at staff, and glare at the women.
8. Henson would heckle the Golden Era staff at the tunnels and called them cockroaches and disgusting things.
9. Henson would follow staff buses from their apartments to Golden Era in the morning and follow them back home at the end of the day. He would take pictures of the staff and write down their license plate number.
10. Henson would walk to different tunnels and jeer and cat call. This occurred for a three or four week period.
7. Exhibit A, p. 143:7-11 to Abelson Dec.
8. Exhibit A, p. 144:4-6 to Abelson Dec.
9. Exhibit A, p. 145:15-25 to Abelson Dec.
10. Exhibit A, pp. 156-161 to Abelson Dec.
11. Henson wanted to destroy the church.
12. Plaintiff Hoden read a book about Defendant Henson called The Great Mambo Chicken and the Transhuman Condition which described Henson's exploits.
13. Portions of the book stated that Henson was a semi-professional explosives expert and an accomplished pyromaniac. Henson had a role in a mock atomic bomb. Henson said that Ammonium Nitrate is hellishly difficult to set off unless you have tons of it together. Henson was concerned that his new bomb was so powerful that he put it behind a hillside so that it would be out of anyone's direct line of sight. A shockwave blast them (Henson) like the world was coming to an end. Everyone agreed that it was one of the best recreational bombs ever seen.
14. Henson had internet postings which stated "They are now using the west underpass slightly, possibly when I am
11. Exhibit A, p. 193:23-27 to Abelson Dec.
12. Exhibit A, p. 140:18-28 to Abelson Dec.
13. Exhibit A, p.164:17-166:4 to Abelson Dec.
14. Exhibit A, p. 173:12-15 to Abelson Dec.
on the east underpass. The disruption in traffic from one side of the highway to the other must be killing their stats.
15. Plaintiff Hoden was afraid that Henson would send missiles to attack the Church and hit either the chapel or one of the other buildings to the south.
16. Plaintiff Hoden was concerned about the safety of his staff. The information he had was that Henson was capable of setting off bombs.
17. Plaintiff Wagoner is a Scientologist and works at Golden Era.
18. Plaintiff Wagoner read The Great Mambo Chicken and the Transhuman Condition and learned that Henson was an explosives expert, sets off bombs, knows how to make bombs, had guns, and a cannon.
19. Through internet postings, Plaintiff Wagoner learned Henson had a hatred for Scientology, he would like to destroy it and Scientologists, and he had the
15. Exhibit A, p. 173:12-15 to Abelson Dec.
16. Exhibit A, p. 192:21-24 to Abelson Dec.
17. Exhibit B, p. 310:6-25 to Abelson Dec.
18. Exhibit B, p. 312:4-9 to Abelson Dec.
19. Exhibit B, p. 312:14-21 to Abelson Dec.
capability of doing destructive things.
20. Henson would drive slowly near where Plaintiff Wagoner lived and as he was leaving Henson would peer at him and glare at him through the windshield.
21. Henson would intimidate the staff.
22. Henson was outside of Plaintiff Dezotell's window and saw him peering in her window.
23. Henson admitted that the events recorded in The Great Mambo Chicken and the Transhuman Condition occurred.
24. Henson admitted he had disrupted the workings of the church, he was waging psychological warfare against Scientologists, and that his sole purpose was to make them paranoid and he knew he was accomplishing this.
25. Henson likes to make Scientologists paranoid.
20. Exhibit B, p. 317:16-25 to Abelson Dec.
21. Exhibit B, p. 318:10-20 to Abelson Dec.
22. Exhibit C, pp. 332:1-333:5 to Abelson Dec.
23. Exhibit D, p 273:11-20 to Abelson Dec.
24. Exhibit D, pp. 276:12-277:26 to Abelson Dec.
25. Exhibit E, p. 341:24-25 to Abelson Dec.
26. Henson was intending to make the Scientologists afraid.
27. Henson wanted to take the church down by psychological means.
28. Due to Henson's actions, Plaintiff Hoden rerouted the church buses a different way.
29. Plaintiff Hoden would have the staff take different routes at Golden Era to avoid having the staff in a position where Henson could throw a bomb at them or something on top of them and hurt them. This caused a tremendous inconvenience for the staff because they would need to walk an additional one half mile.
30. Henson's activities disrupted Plaintiff Hoden's workday. He was restricted from going to the chapel.
31. The Great Mambo Chicken and the Transhuman Condition book stated Henson is a bomb expert with an extensive history of building and setting off bombs. The gave Plaintiff Hoden
26. Exhibit E, pp. 341:26-342:2 to Abelson Dec.
27. Exhibit E, pp. 344:2-5 to Abelson Dec.
28. Exhibit A, p. 145:15-25 to Abelson Dec.
29. Exhibit A, pp. 156-161 to Abelson Dec.
30. Exhibit A, pp. 162:23-163:3 to Abelson Dec.
31. Exhibit A, pp.141:19-142:4 to Abelson Dec.
cause for concern.
32. Plaintiff Hoden was concerned that Henson would throw something over the tunnel.
33. Plaintiff Hoden was concerned that Henson had a U.S. Patent for a method of launching payloads.
34. When Henson was at Golden Era Plaintiff Hoden knew that Henson hated the Church of Scientology and wanted to destroy it.
35. Henson had an internet posting which stated "The annihilation of the Church of Scientology and all its fronts is a worthy goal." This was alarming to Plaintiff Hoden.
36. Due to Henson's statements, Plaintiff Hoden had a personal fear that he was going to get hurt as well as his staff.
37. Plaintiff Wagoner's duties were interrupted due to concern that Henson
32. Exhibit A, p. 161:3-4 to Abelson Dec.
33. Exhibit A, pp. 200:15-203:2 to Abelson Dec.
34. Exhibit A, pp. 167:28-168:3 to Abelson Dec.
35. Exhibit A, p. 171:2-5 to Abelson Dec.
36. Exhibit A, pp. 237:14-238:3 to Abelson Dec.
37. Exhibit B, pp. 316:25-317:5 to Abelson Dec.
would throw a bomb at him. He also could not worship at the chapel due to Henson.
38. Plaintiff Wagoner was frightened due to the internet postings.
39. The threats made by Henson were against Plaintiff Wagoner's religion as a Scientologist and were made against him personally.
40. Plaintiff Dezotell felt threatened and scared due to the internet postings and the Chicken Mambo book.
41. Plaintiff Dezotell's duties required her to go to different places on Golden Era's property, but she could not do so when Henson was there.
42. Plaintiff Dezotell could not go to certain locations at Golden Era while Henson was there. She could not go to the chapel by herself nor could she perform her job in a normal way. She felt nervous, threatened, and scared. She even had to cancel church events.
38. Exhibit B, p. 319:20-23 to Abelson Dec.
39. Exhibit B, p. 320:1-12 to Abelson Dec.
40. Exhibit C, p. 331:7-10 to Abelson Dec.
41. Exhibit C, p. 333:10-19 to Abelson Dec.
42. Exhibit C, pp. 331:17-334:13 to Abelson Dec.
43. Henson made Plaintiff Dezotell feel nervous, threatened and scared because he blows things up and brags about how great it is to see hundred-high foot flames
44. On or about September 1, 2000, Henson was charged with a three count misdemeanor complaint (Penal Code 422, 664/422, and 422.6) under Hemet Case No. HEM014371 ("Criminal Case"). If convicted of all charges,
Henson faced 2 ''/z years of jail. I
45. In the Criminal Case, Plaintiffs were all named as victims in each count. It was a five day jury trial.
46. After hearing all of the Plaintiffs testify, on April 26, 2001 before the Honorable Robert Wallerstein in the Riverside Superior Court, Hemet Branch, Henson was convicted of intimidating, threatening, and oppressing individuals based on their religious beliefs (Penal Code 422.6).
47. There were seven witnesses who
43. Exhibit C, p. 331:17-26 to Abelson Dec.
44. See request for Judicial Notice filed concurrently, Exhibit 1 thereto, Case Print dated June 3, 2002.
45. See request for Judicial Notice filed concurrently, Exhibit I thereto, Case Print dated June 3, 2002.
46. See request for Judicial Notice filed concurrently, Exhibit 1 thereto, Case Print dated June 3, 2002.
47. See request for Judicial Notice filed
testified at trial. Henson was represented by Attorney James Harr and Graham Berry who subsequently withdrew from the case. James Harr cross-examined all witnesses.
48. There were numerous motions which were filed including a motion to disqualify the district attorneys office, exclusion of testimony and witnesses, and motions regarding authentication of internet postings.
49. The jurors were polled after the verdict, a motion for deficiency of the guilty count was made as well as a motion for a new trial, and an appeal was filed.
50. After his conviction, Henson was released on his own recognizance until his scheduled appearance for sentencing on May 16, 2001. He was also ordered to stay off the road (State Highway 79) Golden Era is situated on between State Street and Sanderson Avenue.
51. Prior to his sentencing, Henson fled
concurrently, Exhibit 1 thereto, Case Print dated June 3, 2002.
48. See request for Judicial Notice filed concurrently, Exhibit 1 thereto, Case Print dated June 3, 2002.
49. See request for Judicial Notice filed concurrently, Exhibit 1 thereto, Case Print dated June 3, 2002.
50. See request for Judicial Notice filed concurrently, Exhibit 1 thereto, Case Print dated June 3, 2002.
51. See request for Judicial Notice filed
to Canada. On July 20, 2001, after fleeing to Canada and refusing to appear for his sentencing hearing, Henson was sentenced in absentia to one year in jail suspended on the condition he is placed on three years summary probation, serve 180 days straight time, and pay a fine of $2,700.00.
52. Henson filed a notice of appeal and on February 27, 2002, the Honorable Sharon J. Waters of the Appellate Division of Riverside Superior Court dismissed Henson's appeal.
Dated: June 14 2002
concurrently, Exhibit 1 thereto, Case
Print dated June 3, 2002.
52. See Exhibit F to Abelson Dec.
DAVIS & WOJCIK
Joseph M. Wojcik
Attorneys Hilary Dezotell,
Ken Hoden and Bruce Wagoner
On Thu, 4 Jul 2002 03:40:40 -0700, "Magoo" <[email protected]> wrote:
>What do you mean, "$350K they have allocated"?
>What 350 K.......and allocated for what?
>Please fill me in.
Page one, exhibit defense 185 page 1 where the amount they are trying to recover from Bob the amounts scientology has spent on legal cases against me ($1,065,000) and what they "expect to pay" ($350,000). The same numbers are repeated on page three of Exhibit 191.
I presume this includes the recent attack in Judge Whyte's court over NOTs 56, the 6 inch thick filing last week in bankruptcy court and the civil case against me in Hemet, plus who knows how many "thugs, hit men, whores, PI's, conn men and attorneys" here in Canada.
There are may other interesting numbers on those public exhibits if someone wants them posted.