Source: Deputy District Attorney, R. Schwarz Defense Counsel, J. Harr E. Abelson, Attorney representing the victims/Church of Scientology Victims: Ken Hoden, Bruce Wagoner, Hillary Dezofell and Muriel Dufresne Mr. Schwarz, Deputy District Attorney, feels the defendant's behavior was reprehensible. He acted in concert with Rice who was in possession of a Global Positioning System. The defendant would follow church buses, chase individuals and photograph them not having any idea of who they even were. He describes the defendant as being "over the top" in his behavior and the manner in which he scared a lot of people. Regarding sentencing, Mr. Schwarz feels the defendant should serve a "moderate" period of custody, coupled with formal probation and search terms for explosives and items of mass destruction, and stay away from any property owned or controlled by the Church of Scientology. He feels the defendant's threats are of serious concern. Mr. Schwarz will reserve further comment until time of sentencing. Mr. Harr, Defense Counsel, indicates he had instructed the defendant not to discuss the current matter with the Probation Officer because Counts I and II are still pending. On behalf of the defendant, Mr. Harr states the defendant is "remorseful" in terms of making threats to individuals, as opposed to the church as an entity relating to Count III. He points out the defendant does not have any previous convictions. Mr. Harr will reserve further comment until time of sentencing. [Editorial note: Jim Harr says he was misquoted. He said "To the extent a threat was perceived by the "victims" defendant was remorseful." He states he never said "defendant made a threat." hkh] Mr. Abelson, met with the Probation Officer in person on behalf of the "victims". He presented the Probation Officer with a two inch binder containing the history of the current case. He requests that material be submitted to the Court with the Probation Officer's Report (attached). Mr. Abelson indicates the Church of Scientology takes the current matter very seriously. He relates that in 1996, in Portland, Oregon, there was an incident involving an Internet reader who had been making threats to the church. That individual entered, the church, and shot four members. Similarly, the defendant in the current matter made "threats" and "attacks" on the church via the Internet. Although Mr. Abelson recognizes the defendant has a right to picket and exercise his First Amendment Rights, he does not have a right to "stalk" church buses and "yell" at staff members. Mr. Abelson indicates the defendant's relationship with the church dates back to 1995 when the defendant began "saying bad things about the church". He advises there was a copyright violation whereby the defendant obtained "upper level material" pertaining to the church's philosophies and practices. As a result of the defendant violating copyright laws, a lawsuit was brought against him by the church. The church won a $75,000 award, and the defendant filed for bankruptcy. The defendant has continued to picket, harass and threaten members of the church. He feels the defendant has the expertise to construct explosive devices and cause mass destruction to church property and/or members of the church. Mr. Abelson, on behalf of the victims, feels the defendant's threats need to be taken seriously. He compared the defendant to extremist Timothy McVeigh. Regarding sentencing, Mr. Abelson advises the "victims" would like to see the defendant granted probation for an "extended" period of time, coupled with about six months jail time. Although he is willing to waive search terms, as he understands the defendant has a particular problem with that issue, he would like a term that would forbid the defendant from having any direct or indirect contact with any Churches of Scientology. Mr. Hoden, General Manager of Golden Era Productions, echoes Mr. Abelson's concerns and fears about the defendant. Mr. Hoden advises the defendant "needs a little jail time to serve as a means to stop him and his threats-to show that (the Court) is not messing around with him, that he needs to follow the rules. Terms that he stay away (from the church) ...four to five years probation." Mr. Hoden advises from June through August of 2000, the defendant picketed in front of the Church of Scientology, located on Highway 79, for a total of "43 days ...it was 110 degrees. I thought the man had lost his nuts." He indicates the defendant would bring in other picketers from various areas, including San Francisco, San Jose and Arizona. He views the defendant as being "obsessed" with the Church of Scientology. Mr. Hoden indicates the church has spent considerable money bringing this matter to Court because they are concerned about the seriousness of the defendant's threats. Mr. Hoden would personally like to see the defendant "out of our lives". Mr. Wagoner, a staff member at the church/victim, advises he perceives the defendant as a real threat to the church as well as staff members. He advises the defendant has threatened and harassed church members. He follows church buses from an apartment complex in Hemet to church property. He runs interference with the church buses, "gets in the way of the buses". Mr. Wagoner indicates he and Mr. Hoden live at the same apartment complex. He has witnessed the defendant harassing church members. The defendant has personally intimidated him by "glaring" at him while he is in his vehicle. Mr. Wagoner made reference about the defendant's expertise in bomb making, citing information from a book titled "Great Mumbo Chicken..." Mr. Wagoner talked about how the defendant has "taught little kids how to make bombs". Mr. Wagoner views the defendant as an extremist. Regarding sentencing, Mr. Wagoner feels "some jail time ...a half a year would serve to bring to a point a need for him (defendant) to change his ways ...how his actions have affected others." Victim, Hillary Dezofell did not return a message prior to dictation of this report. Ms. Dufresne, Public Affairs Director for the local Church of Scientology, advises she, and other members of the church, have been harassed by the defendant. She recalls seeing the defendant, on one occasion, out on the roadway when she walked out of her office. The defendant said something to the effect, "Oh, look at that female, let's get her." She advises she has had to cancel "open house" at the facility out of concern for not only church staff, but for the general public. She related concern about past incidences of violence in schools, and perceives the defendant's threats just as real. She would like to see the defendant sentenced to jail in the vicinity of six months, and be monitored on probation. Letters were mailed to the victims advising them of the date, time and location o the sentencing hearing. The Court is respectfully referred to the attached (victim) letters submitted to the Probation Officer by Bruce Wagoner.