Quadruple picket and Berry letters
Tue., May 8, 2001 (This is being put out with minimal editing; a
better version might come later.)
To catch my fans up on the last two days, I met Monday with Senior
Probation Officer Garry Davis in Hemet. It was, to put it mildly, an
interesting and productive meeting. I may do a detailed report on it
later, perhaps for private distribution, but among other things I
showed him how to use his excellent and very fast Internet connection
to surf right into some of our favorite web sites. Mr. Davis has been
in probation for 23 years and he told me my case was unique in his
experience.
Jim Harr was talking to him on the phone later that day and reported
that while he was on the phone Eliot Abelson had come in. Jim gave
Mr. Davis a quick rundown on just who Abelson is (I hope he mentioned
former Gambino lawyer) and his relation to this scientology business.
Jim also mentioned that when he was at a Bar meeting recently this
case was a hot topic of conversation and that while we were not
looking backwards, a lot of lawyers had dropped in to the courtroom
and watched bits of it.
Monday afternoon I picketed at the court and gave out another thick
stack of flyers. Most of the people who didn’t take them said they
knew and had an extremely bad opinion of scientology. After picketing
from 1 pm to 2 pm, I filed the posted version of the motion to
reconsider JNOV. None of the women behind the glass in the DA’s
office have signs now. If it ever becomes an issue, the one next to
the windows on the right took my motion. I asked her to stamp the
original as proof they had a copy, but she wouldn’t. I don’t know if
I should have any hopes of this motion going through or not, but it is
material we can cite for the appeal.
Later that afternoon I said goodbye to Ida and drove over to Graham’s
for consultation and a strategy meeting. Graham was incensed about a
letter he was recently sent in discovery in the State Bar actions
against him. I scanned it and it is attached below. Graham’s reply
is below that. To put it mildly I was annoyed. Here we have a
partner of Wager writing the State Bar trying--and succeeding!--to
deprive me of counsel. I might add that by describing *Graham* as
intimidating when engaged in a harmless and clearly protected First
Amendment activity, they have badly damaged the DA’s argument that *I*
was intimidating. I sure wish this letter had come to light before
the trial.
I might make a suplimental declaration for my motion based
on it. (Along this line, when Kristi was leaving a picket at the SF
org with Arel Monday around 1 pm she asked Craig if she would see him
later? referring to Craig’s picketing her house. Craig bristled and
said that sounded like a threat to him. You need to see this to
appreciate it. Craig is male, athletic, over 6 feet tall. Kristi is
female (very!) and about the height as Ida.)
Wager, as I you may remember, was the lawyer forced by Judge Lachs to
admit to criminal activity of buying testimony from Apodeca and being
reimbursed by Moxon in a deposition.
I should scan the photo Gerner attached of Graham. The sign shows up
perfectly with “Knowing how to Know is Knowing when to Blow!” and was
taken from the guard shack at gold base.
Two things are clear from this letter and data points such as what
Craig said to Kristi. Picketing is about 6 times as effective as we
thought it was. We really need pay more attention to the negative
stat points they get for pickets. It is driving the clams (on orders
direct from (*)?) to burn money and political capital like mad and to
engage themselves and their lawyers in escalating criminal activities
against the picketers--to the point that law enforcement just has to
get involved. It is possible the Slatkin business derives from the
need for resources to go after the picketers.
And the *beauty* of this is that the stat points for pickets were
almost certainly set by LRH policy and *can’t* be changed.
What should I do with this data? Why picket, of course. I borrowed a
sign from Graham and went off to do a solo picket on the way home.
(Graham would have come with me, but he was swamped with replies to
demands sent by the State Bar. Besides, I suspect they get the same
bad stats for any number of picketers and for any length of time.
So, off to Big Blue. I reached BB about 11:30. I *know* they did not
know I was coming because I decided to picket BB first as opposed to
one of the other orgs after I reached Hollywood and 101. I made one
pass down LRH way which had about 4-5 people in view, including a
security guard on a bicycle. They were *not* prepared for me to be
there. There seems to be a big push on to recruit more Sea Org
members running. Big “We come back, You may qualify!” signs.
Toward the south end of LRH way, two guys saw me coming and turned around.
I didn’t go that far, crossed over and started back on the west side of
LRH way. The security guy on the bike asked me if I was solo today.
I said no, I had about 10,000 body thetans with me. He said, “That’s
good.” (I guess better on me than him. :-) ) I asked him if he
wanted a collection of my flyers and he said no, he thought he already
had a complete collection. When I said I didn’t think he had this
one, he asked if it was the latest and greatest. I said no, it was
one of Kristi’s. I don’t know if others have been handing those out
recently, but he seemed to know who Kristi was.
The security guard seemed willing to talk, so I asked him if he knew
about Reed Slatkin. At first he said he had no idea of what this was
about, so I filled him in that news reports said Slatkin--a
Scientologist--had taken about a hundred scientologists for $250
million in a Ponzi scheme. The guard then made the oddest response,
that they were proud of Slatkin. I thought I had not heard him right,
so I asked if they were proud of Slatkin running a 250 million dollar
scam on the scientologists? He indicted yes. I made a throw away
comment about it being funny but this has got to be the response I
would least expect. Does this make sense to those with a better
understanding of the scn mind set?
I tossed my sign in my car, gave away a few more flyers to people
walking by and left.
I had not bothered with breakfast, so I stopped at the nearby Wendy’s
for an early lunch. After eating part of my sandwich, I drove over to
Hollywood between the OSA building on Hollywood and Ivar and FOLO
several blocks to the west. I parked my car, stuck money in the
meter, and searched out every flyer I had. It was a considerable
stack of Xenu flyers, Kristi’s “Is Scientology Breaking the Law?” and
“Scientology Hurts People” and even a bunch of Poopsy Charmichael’s
“Scientology Invalidates Life.” I walked north to Hollywood, and west
to FOLA. I gave away a *remarkable* number of flyers.
The demand was
so high that I just offered them without comment. People took them,
and as usual several wanted to talk. I pointed them to the web site
URLs on the flyers. By the time I reached FOLA (where I was arrested
back in 1997) I had gone through most of the flyers I had with me.
FOLA got a few minutes of picket on the corner. I could see a staffer
desperately talking into a phone or radio.
I crossed Hollywood and walked back to the OSA building on the north
side. Business was a little less brisk I think because people were
favoring the shade on the south side. I offered a flyer to one group
and, when they refused, I asked if they already knew. Boy, did they!
One older woman told about family who had been involved and just
gotten out. So I gave her a flyer which had the LMT URL on it and
said for them to look up the phone number and give them a call. They
really perked up when I said the LMT has helped get hundreds of
thousands of dollars back from victims scientology has scamed.
When I reached Ivar, I crossed back to the south side of Hollywood and
put in a few minutes picketing in the shade across from OSA. There
was a cop in uniform standing in the door of the OSA building, so I
guess they are copying the practice in Clearwater of hiring cops. My
meter time was running out. I started back to my car, and who do I
see crossing Hollywood? Eliot Abelson! I said “Fancy meeting you
here!” He didn’t say anything. Eliot had his usual fixed smile, but
his body language indicated he was not a happy camper. He crossed the
sidewalk in front of me and went into a business with a paper tucked
under his arm. I went back to my car.
I figured I would go north to Franklin and get on 101 there. But when
I got over the freeway, it took a U turn to get on the freeway. “Why
not?” I thought. So I parked and picketed the front of the Celeb
Center, my fourth org of the day. It was 12:45. That was perhaps the
most interesting picket, since a guy who is about to get on the net
asked me for a flyer and related a long tale of years ago when he used
to try to get people out. Perhaps we will see him soon. He rates as
at least an SP4.
I gave CC about a 10 minute picket on the west side. One security guy
came part way down from Franklin on a bike and turned around. Someone
is shooting a movie in the CC. There was a security person out
watching a generator parked near the west entrance. He was being
worked over by a female scn who was making a try at getting him in
with a WIS or some similar sort of glossy. I stopped and let him read
both sides of my sign, “Scientology: cult of blackmail, bribery and
fraud” and the other side, “Scientology, ‘Church’ with a body count.”
He nodded. I yelled, “Don’t let them suck you in, it is worse than
dope.” She gave up. That may be one for *my* stats.
As I was walking back to my car I noticed a white car with two guys in
it, white shirts and patches on them, either real private security, or
(more likely) Sea Org sorts with delusions of being PIs. Ah! I
wonder if they are going to try to follow me? I wait till the traffic
clears on Franklin both ways and pull a U turn to get going in the
right direction. They pull out behind me. I make the first right to
see if they will follow. They do! I do a another U turn and go back,
to get their license number. I stop, they stop. I lean out the
window and recite their license number, 3VER525 to them, they look
glum. I turn right onto Franklin and right at the next street which
has a light, cut left across the street and behind a gas station.
I park on the far side of the station where the car can’t be seen,
jump out and look back at Franklin concealed by two layers of glass in
the corner windows. There they are! waiting at the light looking
around wildly trying to figure out where I went. The light changes
and they are forced by traffic to go by the station. I wave. It
looks like there is a second car which also gets caught in the traffic
and goes on by. I jump back in my car and make a right onto Franklin
and a right onto 101 North. I take the next exit, go under the
freeway and head back south. There is a long ramp and it looks like I
lost them. *That* was easy, but then I have had a lot of practice. I
go south an exit or two and back north to Franklin a few blocks east
of the CC then drive by wondering if I will pick them up again. No
luck. I take the entrance onto 101 again and head north to home.
Keith Henson
*****************************
LAW OFFICES OF
Dear Ms. Bames:
This will memorialize our recent telephone conversation
regarding the above respondent attorney whom your office is
investigating/prosecuting. The information provided herein
demonstrates continuing, and escalating, aggressive and threatening
conduct of Mr. Berry toward my client.
Mr. Berry is representing a criminal defendant, Keith Henson,
in the Superior Court of Riverside. Mr. Henson is charged with
multiple counts of violations of Penal Code sections 422 (Terrorist
Threats Death/GBI), 664 and 422.6 (Hate Crimes). Enclosed for your
reference is the Court Docket in the case. Mr. Henson's criminal
conduct was directed against the Church of Scientology.
The criminal prosecution of Mr. Henson is most vigorous, as it
well should be. We invite you to interface with the prosecutor's
office and review the court file in this matter. We do not know the
facts and circumstances of Mr. Henson selecting Mr. Berry to represent
him in the criminal case. Your office has previously observed the
level of competency of Mr. Berry representing criminal defendants in
your file SB Inquiry 99-1988 (Michael Hurtado). Please reference our
correspondence provided regarding that matter.
We bring this matter to your attention because of the
escalation in the conduct of Mr. Berry harassing the Church of
Scientology, its personnel and members. As is common in criminal
cases of stalking, terrorist threats, and hate ciimes, Mr. Henson is
subject to protective/restraining orders regarding contact with the
victim. Subject to that restraint, Mr. Berry has begun to show up at
Church property to annoy and intimidate. Enclosed please find a copy
of a photograph of him engaging in conduct which his client is
precluded by court order from doing. Obviously, the message on Mr.
Berry's sign is nonsense and without any discernible meaning. The
notion of picketing is clearly a pretext to annoy and intimidate
church personnel and members.
Brenda Barnes
We bring this situation to your attention to stress the
urgency of filing the Notice of Disciplinary Charges on the complaints
we have filed, before Mr. Berry's conduct reaches new levels of
aggression and harm. During the pendency of the investigations by
your office, you have observed this attomey's conduct toward my client
become progressively more aggravated. Your office has before it,
evidence of the troubled and unstable psychological and emotional
state of this attorney. In light of the nature of Mr. Henson's
crimes coupled with Mr. Berry’s obsessions, my client has growing
concern for the safety of personnel, members and church property.
The conduct of Mr. Berry has escalated well beyond pursuing
frivolous lawsuits against my client. We implore your office to
proceed with the matters before it as expeditiously as possible. We
stand ready to assist you in gathering any information surrounding the
Henson crimes, you may deem appropriate.
Please do not hesitate to contact me for
needed additional information attendant to the complaints we have
previously filed with your office.
Very Truly Yours
Michael G. Gerner
cc: Donald R. Wagrr, Esquire
[Graham’s reply]
Date: Tue, 08 May 2001 20:18:19 -0400 (EDT)
GRAHAM E. BERRY
By Fax: (213) 765-1318
Re: Case No. 99-0-12791, Complainants: Michael Gerner, Esq., and
Donald Wager, Esq.
[Real Parties In Interest: Church of Scientology International Office
of Special Affairs; Kendrick L. Moxon, Esq; Helena Kobrin, Esq; Ava
Paquette, Esq; Elliot Abelson, Esq.; Samuel D.Rosen, Esq; Donald
Wager, Esq; Thomas Byrnes, Esq; Eugene Ingram]
Dear Ms. Goldade:
I have just received your letter dated May 8, 2001. Your
continued arbitrary setting of dates, confirmed by your conduct over
the past few days, is amazing. You now disregard service rules, which
provide, in essence, that response periods run from reasonable date
of receipt and not date of mailing. That is why five days and three
days are added in State and Federal jurisdictions respectively. I will
respond within the time period that the State Bar agreed to before
Judge Marcus. I advise you that this may be an appeal point before the
California Supreme Court and Federal Courts. Obviously, you have
already decided to prosecute despite the continuing flaws in your
case. Moreover, the Federal Courts may be ultimately involved in
these proceedings because of issues of fundamental fairness such as
due process.
Your refusal to provide access to recent communications
between representatives and the Church of Scientology and you
or your office is very disturbing. Wager has admitted under oath to
criminal conduct involving the matters of which he has complained
herein. He (and Gerner) filed this complaint, inter alia, alleging
ironically that it was I who had improperly solicited the
representation of Hurtado.The State Bar's own files contain the
testimony of a number of witnesses evidencing that it was Wager, Moxon
and Ingram who solicited Hurtado to try and obstruct justice. The
State Bar's own correspondence evidences the refusal by almost
the entire Office of the Chief Trial Counsel, for nearly eighteen
months, to accept the shrill and fantastic allegations of the cult's
representatives.
The cult then engaged in a demonstrable course of criminal
conduct and breaches of civil rights in order to try and stop the
worldwide picketing of their facilities. One of their prime targets
was Keith Henson. Despite my withdrawal from actual and active legal
practice, I had made several pro bono initial appearances (for
arraignment and status) for Keith Henson while he obtained counsel in
People v. Henson filed in September 2000. I also engaged in my own
exercise of constitional rights by picketing the cult. The cult
claims that anyone who opposes it has no constitional rights (ignoring
the religious diversity intent of the Establishment Clause and the
elimination of the Church of England as the official national
religion). Accordingly, scientology and its hired guns carried out "
fair game" against opponents such as Mr. Henson and me. Mr. Henson was
recently acquitted of two of the three charges that the cult
instigated against him (including misdemeanor terrorism).
[Graham got this wrong. In spite of being hamstrung by the motions in
limineto the point we could not put on a defense, the jury hung on the
two more serious charges. hkh]
What happened next is set forth on page 29 of my March 29,
2001, letter to Judge Marcus in this proceeding. In late October 2000,
Scientology attorney Samuel D.Rosen of New York told a Riverside
County Deputy District Attorney not to talk with me because they (he
and the cult) were having me disbarred! Gerner (and Wager) then wrote
their amazing November 29, 2000, letter to the State Bar. It included
a photograph of me carrying a picket sign addressing the
scientologists in their own argot outside their heavily guarded, para
military international headquarters and punishment compound in Hemet,
CA. At least two young women (ages 16 and 20) have been killed at that
location in the past year, including the daughter of scientology
in-house attorney Kendrick L. Moxon.
The file in this matter then found itself with you. You
immediately decided to "investigate" and do what your peers had
declined to do, i.e., proceed. Contrary to their written
representations, when the November 29, 2000, letter was sent to your
office, the cult's representatives knew I was not in actual and active
legal practice, that I would be out of the country for the next six
weeks and that I then intended to provide free consultancy services to
Henson's trial attorney in the Riverside case. They successfully
worked (with the assistance of the California State Bar) to ensure
that Henson's attorney would be deprived of the benefit of my
expertise, by ensuring that I was, and remain, pre-occupied with these
proceedings (irrespective of factual, legal or moral merit).
Mr. Henson and others are now reviewing their options to now
proceed before the Civil Rights Division of the U.S.Department of
Justice and the California Supreme Court (in its original
jurisdiction). From all appearances, the State Bar (through you) have
either wittingly or unwittingly engaged in an apparent conspiracy to
deprive Mr. Henson of important civil and human rights, inter alia, by
depriving him and his counsel of the benefits of my special expertise
in the Henson matters in Riverside County.
Federal and State law enforcement are now investigating
aspects of the matters herein, as well as the Henson and related
matters. They have been awaiting my active and extensive assistance.
You continue to serve the cult's interests, and those attorneys being
investigated by law enforcement, by keeping me fully engaged before
the State Bar and unable to provide my expertise and knowledge to
these growing and expanding criminal investigations.
I always understood (and was taught by the DA's Office
training instructors) that a prosecutor's function was to seek truth
and justice as opposed to just securing convictions. Obviously,
securing a conviction is not necessarily compatible with truth and
justice. By all appearances you seem hell bent on prosecution and
conviction for personal reasons and clearly for the purpose of
scientology "stats" [statistics], rather than seeking to do justice
and serve the public interest. Indeed, you expressly concede your own
personal agenda in your May 2, 2001, letter. So much so that there is
an appearance of bias that leads me to consider seeking immediate
California Supreme Court intervention and the disqualification of the
State Bar as the investigator and prosecuting authority in this
matter, and in those other matters about to be filed by me and other
affected parties.
Accordingly, in these circumstances, your May 2, 7 and 8, 2000
letters are all the more incredible, particularly the final paragraphs
of your May 2 and 8 letters.
Very truly yours,
Graham E. Berry
Cc: Honorable Michael D. Marcus
09 May 2001
hkhenson@pacbell.net
MICHAEL G. GERNER
A PROFESSIONAL LAW CORPORATION
I 0 1 00 Santa
Monica Boulevard, Suite 800
Los Angeles,
Califomia 90067
Telephone: (310) 772-2207
Facs@le (310) 772-2208
miz,2ethicsi@msn.com
November 29,
2000
Brenda Bames, Special Investigator
State Bar of California
1149 S. Hill Street
Los Angeles, CA 90015
Re: Graham E. Berry
November 29, 2000
Page Two .
William W. Davis, Esquire
From: GrahamEB@aol.com
Subject: Letter to State Bar with Gerner 11-29-00 enclosures
To: hkhenson@pacbell.net
Message-id: <7f.13f23125.2829e6cb@aol.com
MIME-version: 1.0
X-Mailer: AOL 5.0 for Windows sub 138
Content-type: multipart/mixed;
boundary="part1_7f.13f23125.2829e6cb_boundary"
3384 McLaughlin Avenue
Los Angeles, CA 90066
Phone: (310) 745-3771
Fax: (310) 745-3772
grahameb@aol.com
May 8, 2001
Terrie Goldade, Esq.
Deputy Trial Counsel
The State Bar of California
Office of the Chief Trial Counsel Enforcement
1149 South Hill Street
Los Angeles, CA 90015-2299
State Bar Court
1149 South Hill Street.
Los Angeles, CA 90015
FAX: (213) 765 1383Michael Nisperos, Jr., Esq.