May 1, 2002
Dandar & Dandar
RE: Conversations with Robert Minton & Stacy Brooks
On January 30, 2002 the trial court hearing the post judgment motion to amend the judgment in Wollersheim v. Church of Scuntology of California LASSC Case C 332 027 issued an order that required counsel for Lawrence Wollershem and counsel for RTC aid CSI to file certain briefs and documents with the court. One of the Court's directives required the filing of declarations and exhibits that were to be relied on at a hearing to be conducted by the Court from May 9, 2002 to May 15, 2002. The declarations and exhibits were ordered to be filed and served "by 12:00 noon on Tuesday April 8, 2002."
Since April 8, 2002 was actually a Monday, I and the other counsel for Mr. Wollersheim, presumed that the documents had to be filed and served on Monday rather than Tuesday. We spent the weekend in my Santa Ana office preparing exhibit books and a declaration notebook. All of the exhibits and declarations to be filed on April 8th had been placed before the court d previously and were already contained within the court file. We were merely selecting out the portions of previously submitted evidence that we intended to rely on at the May 9 to 15 hearing. The exhibit and declaration notebooks were fully completed Monday morning and we ordered a messenger to deliver them to Los Angeles County Superior Court before noon. One of the declarations contained in the declaration notebook was a declaration of Stacy Young dated May 2,1997.
At approximately I 11:00 am. I received a telephone call from Stacy Brooks an my office's (714) 7XXX telephone line. This line is automatically answered by an answering service and the messages arc displayed on our computers in the office. A copy of Ms. Brooks message is attached.
I called her back immediately and she advised me that She and Bob Minton were attempting to settle with Scientology and that they could not do so unless I withdrew not only her declaration but the declaration of Jesse Prince from the Aling that was due Tuesday. I informed her that the filing had already gone out with the messenger for filing. that the declaration was already before the court for many years and that in any event it would be a breach of my duty to Mr. Wollersheim to withdraw this evidence from consideration of the court.
She explained to me that it was crucial that these declarations be withdrawn as otherwise Scientology would not settle with Bob. I informed her that while I sympathized with their plight I could not breach my duty to Mr. Wollersheim because they were being coerced by Scientology
In a second phone call shortly after the first one, Stacy called and said I should call the messenger service and have them cancel the filing with the court. She informed me that I should check with my co-counsel as he had made an agreement with one of the lawyers for Mentelogy to file the notebooks on Tuesday. I had already talked to my co-counsel, he had received a call from Mr. Drescher the attorney for CSI requesting that we file on Tuesday and he had declined.
Stacy called me back several times more that day, however, all of the calls except the first one must have been to our other direct lines as they an not recorded on my computer. In either the first call or in a subsequent call I spoke with a gentlemen that she described as her attorney and I told him more or less the same thing I had told her. During the course of time
phone calls with Stacy I did learn from her that she was apparently at Bob Minton's deposition and that Mike Rinder and Sam Rosen were their and she was running back and forth to them
Later in the afternoon I received at least one phone call from Bob Minton. He to informed me that it was necessary that I withdraw the declarations of Prince and Stacy Books for him to settle. I refused to do so. I did tell both Bob and Stacy that I would inform the court that Stacy did not wish to testify and that she had requested that her declaration be withdrawn. I did so at a hearing on April 16 at which Mr. Rosen was present. A copy of a telephone message from Bob is attached. Note that it is from Stacy's cell phone.
Finally, as per our conversation I do not recall any conversations with either Bob or Stacy in which either of them said directly that you were refusing to handle the McPherson case like they were instructing you to. However, I do recall that on mom than one occasion both Bob and Stacy told me that they were not pleased with how you were handling the case and that you were not listening to them.
very truly your,
LEPOLD & SHIPE, LLP