ElameM.Seid, SBN 72588
MCPHARLIN, SPRINKLES & THOMAS LLP
Ten Almaden Blvd., Ste. 1460
San Jose, CA 95113
Thomas R. Hogan, SBN 042048
Leslie Holmes.SBN 192608
LAW OFFICES OF THOMAS R. HOGAN
Ten Almaden Blvd., Stc. 535
Telephone: (408) 292-7600
Samuel D. Rosen, Esq.
PAUL, HASTINGS, JANOFSKY
& WALKER LLP
399 Paifc Avenue
New York, New York 10022-4697
Telephone: (212) 318-6000
Attorneys for Creditor
RELIGIOUS TECHNOLOGY CENTER
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re H. KEITH HENSON,
CASE NO.: 98.51326ASW-13
DECLARATION OF WARREN
MCSHANE IN SUPPORT OF MOTION
TO WITHDRAW REFERENCE TO THE
I, Warren McShane, hereby declare: I. I have been a Director and an Officer of Religious Technology Center (hereinafter "RTC"), a California, non-profit religious corporation since 1983. I currently
MCSHANE DECL. IN SUPPORT OF MOTION TO WITHDRAW REFERENCE TO THE BANKRUPTCY COURT [end of p.] 1 hold the office of President. I have personal knowledge of the facts set forth below, and if called upon to do so, could and would testify competently thereto. 2. In September, 2000, Keith Henson was charged with violating California's hate crime statute (Penal Code § 422.6) in the case. *People v. Henson*, based on threats and acts of harassment committed by him against members of the Scientology religion who live and work at the Church's facilities in Riverside County. RTC has offices in these facilities, which is where I live and work. I attended the trial in that case where, on April 26,2001, Henson was convicted of violating penal code § 422.6. Defendant was released on his own recognizance and was ordered to appear at the Riverside Superior Court for sentencing on May 16,2001. Attached hereto as Exhibit A is a true and correct copy of a Case Print setting forth the Case Action Information for April 26,2001 in this case. 3. On May 13,2 001, Henson publicly stated that he bad no intentions of appearing for his sentencing hearing:
"I will not be in Riverside May 16. In fact I would have to be a complete idiot to be in Riverside May 16! Bon Soire [sic]! Eh? Keith Henson."'
Attached hereto as Exhibit B is a true and correct copy of this Internet posting. 4. On May 15, 2001, the eve of the sentencing hearing, Henson reiterated the above statements, making it clear he would remain in Canada, and not return for sentencing. He claimed he was entitled to political asylum from the Canadian government on the grounds that the United States and the State of California had persecuted him. Attached hereto as Exhibit C is a true and correct copy of an Internet posting from Keith Henson dated May 15,2001. 5. I attended the sentencing hearing on May 16,2001. Henson failed to appear and, as a result, the court revoked his personal recognizance status, filed an additional criminal charge arising from Henson's failure to appear (Penal Code § 1320), and issued a
McSHANE DECL. IN SUPPORT OF 2
MOTION TO WITDRAW REFERENCE
TO THE BANKRUPTCY COURT
[end of p. 2] bench warrant without bail for his arrest. Attached hereto as Exhibit D is a true and coirect copy of a Case Print setting forth the Case Action Information for May 16,2001 in this case. 6. Attached hereto as Exhibit E is a true and coirect copy of a posting by Henson expressing his plans to continue his Chapter 13 proceeding from Canada. I declare under penalty of perjury that the foregoing is true and correct. Executed in
the State of California this 25tg day of May, 2001.
[signature] Warren McShane
MCSHANE DECL. IN SUPPORT OF
MOTION TO WITHDRAW REFERENCE
TO THE BANKRUPTCY COURT
[end of p.] 3 [EXHIBIT A]
OTSCASPRT Superior Court of California, Conty of Riverside
5/21/01 CASE PRINT
SUPERIOR COURT-C page 1
CASE NUMBER: HEM014371 DEFENDANT STATUS: Warrant
ARREST NBR : DR00201037 ARREST Date . . .: 7/19/00
ARREST AGY : RIV SHERIFF (COUNTY) HEM
Defendant .: HENSON, KEITH Defn: 1 of 1
Date Filed : 09/01/00
District Attorney: R. SCHWARZ Continuances: 24
Defense Attorney : PVT-J.HARR Age in Days: 248
Custody Status . . .: N/A - Bail: Last Trial . : 08/02/01
Ct Type Charge Description
Plea Status Sev
001 ARREST 422 PC Criminal Threats
001 FILED 422 PC TERRORIST THREATS DEATH/GBI None
002 FILED 664/M422 PC Att Terrorist Threats Death
None Active M
003 FILED 422.6 PC Intimidate/threaten/opress bec
NG Convict M
004 WARRNT 1320 (A) PC Fail to appear on R.O.R.
None Active M
Type Date Issued Status Bail Affidavit
Bench 05/16/01 Issued Amount $0.00 Date ------
Case Action Information
Action Div Description
4/26/01 Filed: VERDICT RE COUNT 3
H4 Jury Trial (Jury Deliberating)
Honorable ROBERT H. WALLERSTEIN Presiding.
Courtroom Assistant; L. Getz People Represented By R.SCHWARZ, DDA.
Defendant Represented By PVT-J.HARR. At 10; 16, the following proceedings were held:
Out of the Presence Of the Jury, the following
proceedings were held: JURY DEADLOCKED ON TWO
COUNTS Court and Counsel Confer regarding: DEADLOCK At 10:25, the following proceedings were held: COURT IN SESSION; ALL PARTIES PRESENT. Members of the Jury and Alternate (a) ARE present Court Trial Commences. At 10:27 jurors indicate THEY ARE DEADLOCKED AS TO COUNTS #l AND #2 Court declares mistrial on COUNSEL'S motion as tc count (s) l 2. At 10:30 jury returns with a verdict. We the Jury in the above entitled action, find the Deft. H KEITH HENSON, GUILTY, in count 3 of . violation of Section 422.6 PC. Oral Motion by J HARR regarding POLLING OF [end of p. 1 of Exhibit A] OTSCASPRT SUPERIOR Court of California, County of Riverside 5/21/01 CASE PRINT Page: 2 SUPERIOR COURT-C ------------------------------------- CASE NUMBER: HEM014371 DEFENDANT STATUS: Warrant ARREST NBR : DR00201037 ARREST DATE . . . . : 7/19/00 ARREST AGY : RIV SHERIFF (CO-JNTY) HEM Defendant : HENSON, KEITH Defn: 1 of 1 ---------------- JURORS is called for hearing. Motion Granted. Jurors ARE Polled on the Verdict (s) and ALL jurors answer in the affirmative. Jurors are Thanked and Excused. Defendant Ordered to Report To: PROBATION F/W FOR FULL REPORT PRIOR TO SENTENCE. . Report and Sentence Hearing set on 05/16/2001 at 11:00 in Dept. H4. Defendant Ordered to Return. Released on Conditional O.R. on the following term (s) STAY AWAY FROM GOLDEN PRODUCTION DEFT IS ORDERED TO STAY OFF OF ROAD THAT GOLDEN PRODUCTIONS OCCUPIES FROM BETWEEN STATE AND SANDERSON. Oral Motion By J. HARR regarding DEFICIENCY IN EVIDENCE RE COUNT #3 is called for hearing. Motion Denied. Motion By J. HARR Regarding MOTION FOR NEW TRIAL is called for hearing. DA SUBMITS BUT DOES NOT WAIVE RIGHTS THE COURT DOES NOT FIND SUFFICIENT GROUNDS. Motion Denied. At 10:52, proceedings adjourned. **MINUTE ORDER OF COURT PROCEEDING** **** END OF CASE PRINT **** [end of Exhibit A]
[EXHIBIT B] From: Gregg ([email protected])
Subject: Re: Through government channels [from Keith Henson]
View complete thread (4 articles) Date: 2001-05-13 17:55:46 PST
On 13 May 2001 17:46:12 -0500, [email protected] wrote: >0n Sun, 13 May 2001 20:03:57 GMT, [email protected] (Gregg) wrote
>>0h, don’t worry about this, eveuybody including the state is named
in >>the suit.
>Don't forget io be back in Riverside on May 16th.
>That'sjust three days from now.
I will not be in Riverside May 16. In fact I would have to be a comolete idiot to be in Riverside May 16!
Bon Soire! Eh?
Keith Henson [end of Exhibit B] From: Gregg ([email protected])
Subjeci: Re: News Flash: Henson in Canada UPDATE!!!!! View complete thread (37 articles) Date 2001-05-15 07:57:34 PST
On 15 May 2001 01:36:05 -0500, Cry <Cry> wrote: snip >The point of this post is that U.S. human rights violations are
>largely ignored by the Canadian govemmant, especially in extradition
>cases, in order to stay neighbourly with the U.S. We tend to be a
>very non-confrontational people.
True. But here is the take the lawyers have on what will unroll if I apply for refugee status based on my human rights being violated by the DA's office (working for the cult) in Riverside. The Canadian government will grant temporary residence and a work permit to me while this unfolds because when you look at the situation even for a few minutes it has a good deal of surface plausibility.
Then the Canadian government must by law oppose in court proceedings my application for refugee status. (Ya just don't let anyone in who makes a claim.) By treaty and custom, they will require and get the assistance ofthe US State Department who will have to investigate the facts ofthe situation. You can bet your last nickel they will investigate the facts around my case in Hemet and provide assistance to the Canadians (if they can) because otherwise the US get lagged as a country which has violated the human rights of one of its citizens and had the fact proved in court. *Highly* embarrassing when the next time comes around for membership on the United Nations Human Rights Commission. In court proceedings *here* all matters related to the cult will come out. There will be no limitation forbidding me to discuss in detail the cults corporate policies of lying, paying for false testimony, fair game, corrupting public officials, etc. Now, consider the links involved. The DA's office in the County government of Riverside is working for the cuh to deny me the human right of free expression, and with this pending jail sentence, freedom itself. (I don't think anyone who has bee reading the saga [end of page 1 of Exhibit C has doubts about that.) The State Department would be trying to justify the actions of the Riverside DA (under the direction of the cull) I<J the Canadian government. Here in Canada, the cult has a criminal record, "breach of the public trust" and are on a short leash for that reason. (The cult has a criminal record in the States too, but that gets swept under the rug.) The Crown prosecutors are not going to be any too pleased about working for the criminally convicted cult even through links. This makes the chances of denying refilgee status based on human rights violations rather slim. Neither is the Riverside County DA's office going to be loo happy about highly motivated Federal investigators going over their records of this case and asking about those letters from the cult to the DA and perhaps even the conspiracy between cult lawyers and a DDA to get me arrested on failure to appear charges. They should have thought about being put under a microscope before they let the cult use Tom Gage to file charges. I am not keeping this situation secret because, like Jon Noring, I believe in warning. It is proper to put up signs saying "Open Mine Shaft, watch where you step." >This is but my take on international politics though, and it will be
>interesting to watch if this is indeed the case with Keith.
Then we have the keen French interest in this situation. A showing that the cult has subverted human rights in pan of the US would exactly Fit with their concerns expressed in the Picard bill about the cult undermining democracy. And for that matter, the Germans have more than a little interest, nut to mention Belgium and Spain and . . *IF* I apply, expect a news conference. Keith Henson (from Gregg's account) PS. I actually came up here to picket, brought two changes of clothes. It was only after bunch of people started trolling on this topic that we decided it was worth seeking expert opinion. PPS Gregg really is an evil qenius. [end of Exhibit C] [EXHIBIT D] Thomas R. Hogan, SBN 042048 LAW OFFICES OF THOMAS R. HOGAN Ten Almaden Boulevard, Suite 535 San Jose, CA 95113 (408) 292-7600
Helena K. Kobrin, SBN 152546 MOXON & KOBRIN 3055 Wilshire Boulevard, Suite 900 Los Angeles, CA 90015 (213) 487-5385
Elaine M. Seid, SBN 72588 MCPHARLIN, SPRINKLES & THOMAS LLP Ten Almaden Boulevard, Suite 1460 San Jose, CA 95113 (408) 293-1900
Attorneys for Creditor RELIGIOUS TECHNOLOGY CENTER
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA
In re H KEITH HENSON,
CASE NO. 98-51326ASW-13 RS 980336 Chapter 13 PROOF OF SERVICE
PROOF OF SERVICE CASE NO. 98-51326ASW-13 [end of page 1, proof of service, Exhibit D] I am employed in the County of Santa Clara, State of California. I am over the age of 18 and not a party to the within action. My business address is Ten Almaden Boulevard, Suite 535, San Jose, California 95113. On December 18, 2000, I served the foregoing documents described as: CREDITOR'S RESPONSE TO REQUESTS FOR PRODUCTION OF DOCUMENTS (SET ONE) on the interested parties in this action addressed as follows:
Stanley A. Ziotoff Bluer & Ziotoff 300 S. First Street, Suite 215 San Jose, California 95113-1305 (Via Hand Delivery)
Devin Derham-Burk Chapter 13 Trustee 2105 South Bascom Avenue, Suite 280 Campbell, California 95008 (Via U.S. Mail)
Robert Gebhard Assistant US Trustee U.S. Trustee's Office 280 South First Street, Suite 268 San Jose, California 95113 (Via U.S. Mail)
[X] BY MAIL
[ ] I deposited such envelope in the mail at San Jose, California. The envelope was mailed with postage thereon fully prepaid. [X ] As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at San Jose, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] BY PERSONAL DELIVERY -1 caused such envelope to be personally delivered to the addresses set forth above through a messenger delivery provider. Executed on December 18, 2000, at San Jose, California. [ ] STATE: I declare under penalty of perjury under the laws of the State of California that the above is true and correct. [X] FEDERAL: I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made.
[signature] Tracey Wells PROOF OF SERVICE CASE NO. 98-51326ASW-13 [end of p.] 2 [of exhibit D [last page appears to be out of order as follows] OTSCASPRT Superior Court of California, County of Riverside 5/21/01 CASE PRINT Page: 1 SUPERIOR COURT-C page 1 ------------------------- CASE NUMBER: HEM014371 DEFENDANT STATUS: Warrant ARREST NBR : DR00201037 ARREST Date . . .: 7/19/00 ARREST AGY : RIV SHERIFF (COUNTY) HEM Defendant .: HENSON, KEITH Defn: 1 of 1 ------------------------------------ Date Filed : 09/01/00 District Attorney: R. SCHWARZ Continuances: 24 Defense Attorney : PVT-J.HARR Age in Days: 248 Custody Status . . .: N/A - Bail: Last Trial . : 08/02/01
Charge Information ------------------- Ct Type Charge Description Plea Status Sev 001 ARREST 422 PC Criminal Threats None F 001 FILED 422 PC TERRORIST THREATS DEATH/GBI None Active M 002 FILED 664/M422 PC Att Terrorist Threats Death None Active M 003 FILED 422.6 PC Intimidate/threaten/opress bec NG Convict M ause of race/religion/color 004 WARRNT 1320 (A) PC Fail to appear on R.O.R. None Active M
Warrant Information ----------------------- Type Date Issued Status Bail Affidavit Bench 05/16/01 Issued Amount $0.00 Date 00/00/00
Case Action Information ----------------- Action Div Description Status -------------- 5/16/01 Additional Charge Complaint Filed (Court Order) -------------- H4 Report and Sentencing Dispo Honorable ROBERT H. WALLERSTEIN Presiding. Courtroom Assistant: L. Getz Court Reporter: M. Fuller. People Represented By R.SCHWARZ, DDA. Defendant Represented By PVT-J.HARR. Defendant is Not Present. PROBATION OFFICER GARY DAVIS present in Court. At 11:10, the following proceedings were held: ATTORNEY HARR INDICATES HE IS UNAWARE OF DEFT'S WHEREABOUTS PEOPLE INDICATE THEY ARE IN AGREEMENT WITH PROB REPORT. PEOPLE INDICATES VICTIMS DESIRE TO SPEAK. VICTIM ELLIOT ABLESON ADDRESSES THE COURT. ATTORNEY HARR INDICATES HE DOES NOT HAVE A COPY OF THE PROBATION REPORT AT 1130 THE COURT TAKES A RECESS SO J HARR READ THE REPORT 11:50 COURT IN SESSION ALL PARTIES AGAIN PRESENT. GARY DAVIS INDICATES HE RECEIVED A VOICEMAIL FROM THE DEFT WHO INDICATED HE WAS GOING TO CANADA AS HE DID NOT BELIEVE THE MATTER WAS PROCEEDING TODAY [end of papers]