From hkhenson@home.com Tue Oct 16 16:57:34 2001
Path: sn-us!sn-xit-01!supernews.com!newshub2.rdc1.sfba.home.com!news.home.com!enews.sgi.com!newspeer2.tds.net!gail.ripco.com!news.lightlink.com!news2.lightlink.com
From: hkhenson@home.com (Keith Henson)
Newsgroups: alt.religion.scientology
Subject: Re: Scientology Now Controls Los Angeles Law - Berry.
Date: Tue, 16 Oct 2001 20:57:34 GMT
Organization: Temple of At'L'An
Lines: 527
Message-ID: <3bcd9f17.22555839@news2.lightlink.com>
References: <167f6d0e.0110132318.7374a26e@posting.google.com> <3BC9D659.93058D3D@WCTAtel.net> <9qco8902ojv@drn.newsguy.com> <797f716c.0110142128.1069b6b6@posting.google.com>
NNTP-Posting-Host: 205.232.34.12
Mime-Version: 1.0
Content-Type: text/plain; charset=ISO-8859-1
Content-Transfer-Encoding: 8bit
X-Newsreader: Forte Agent 1.5/32.451
X-Original-NNTP-Posting-Host: 24.141.40.229
X-Original-Trace: 16 Oct 2001 16:57:35 -0400, 24.141.40.229
Xref: sn-us alt.religion.scientology:991824

On 14 Oct 2001 22:28:04 -0700, grahameb@aol.com (Graham Berry) wrote:

In late 1991, Lewis, D'Amato, Brisbois & Bisgaard ("Lewis, D'Amato"),
David B.Parker, Esq. ("Parker") and Graham E. Berry ("Berry") were
retained to defend a former Scientology attorney Joseph A. Yanny
("Yanny") who was being sued for breach of fiduciary duty. He had
helped former Church of Scientology (" Scientology") leader Vicki
Azneran find a lawyer so that she and her husband might sue
Scientology for tort damages. She testified that church was involved
in criminal and terror causing conduct "day in and day out".  Former
Scientology lawyer testified that he had also been requested to engage
in criminal conduct directed at opposing counsel (Charles B. O'Reilly,
Esq.). Yanny also testified to alleged Scientology judge tampering
involving Federal District Court Judge Mariana R. Pfaelzer and lawyers
from her former law firm Wyman, Bautzer. Those lawyers included Howard
Weitzman, Esq. Judge Phaelzer was presiding over the Scientology v.
Scott-Wollersheim RICO case where Scientology was represented by her
former law partners. An FBI investigation subsequently revealed even
further Scientology attempted judge tampering at the Los Angeles
District Court. 

The horrible testimony included allegations against former L.A. County
Bar President John ("Jack") Quinn who was then one of Scientology's
main lawyers. Seven years later, after Church of Scientology lead
lawyer Elliot Abelson, Esq. ("Abelson") told the media that
Scientology had a "problem" with the Los Angeles District Court. Jack
Quinn's law partner (Hon. Margaret Morrow) was later appointed to sit
on that court.

 Subsequently, Ms. Azneran's former Scientology Deputy Leader Jesse
Prince also escaped Scientology .He has confirmed much of the
Scott-Wollersheim, Azneran and Yanny case testimony. He has explained
the process of the regular Scientology judge tampering .He has
testified to a mountain of other criminal conduct being committed by
Scientology - on a regular institutional basis.

  The Lewis, D'Amato defense team prevailed at both the trial and
appellate levels in Yanny I and Yanny II. Scientology in-house lawyer
Kendrick L.Moxon ("Moxon") was one of the unsuccessful counsel in the
Yanny I and Yanny II cases. Later, the American Lawyer magazine
published an article entitled "The Two Faces of Scientology"
describing some of the Yanny litigation saga. As part of the Yanny II
case, Berry also intervened in the Armstrong II case and raised
constitutional issues regarding certain gag settlement agreements
precluding a lawyer (Michael J. Flynn, Esq.) from ever representing
anyone against Scientology again.  

In 1993, Berry led a winning team of Lewis, D'Amato lawyers in Church
of Scientology International v. Fishman and Geertz ("the
Fishman/Geertz case). The Los Angeles Daily Journal then published a
lead article under the headline "Church Calls It Quits." The Church of
Scientology had dismissed its defamation lawsuit against former
adherent Steven Fishman and his Florida psychologist Uwe Geertz on the
eve of trial. Scientology had sought at least $1 million in damages
against each of the two defendants for their comments in the May 6,
1991, issue of Time Magazine, "Scientology; Thriving Cult of Greed and
Power." The complaint in the Fishman case alleged that Fishman and
Geertz had falsely claimed that Fishman was ordered by church
officials to murder Dr. Geertz and then commit suicide ("end of
cycle") in the wake of Fishman's arrest in a $1.3M fraudulent
financial scheme that had allegedly involved Scientology. In a related
matter, the president of the Church of Scientology International
jumped $1M bail and is now 'on the lam' avoiding a current and
on-going Spanish Government criminal trial and request for a sixty
year prison sentence for criminal fraud.

Berry's legal team successfully represented Dr. Geertz and assisted
Steven Fishman who was representing himself. The defense lawyers had
developed substantial evidence of truth and substantial truth in
connection with the allegations of Scientology related murders,
suicides and financial frauds. That evidence extended to the active
involvement of Scientology lawyers and investigators including Moxon
and former L.A.P.D.Sergeant Eugene Ingram. The Daily Journal commented
that" besides serving as a legal setback, the action in the case may
also hinder Scientology's pursuit of a related libel lawsuit against
Time Magazine." It did and the U.S.Supreme Court recently affirmed
Time Magazine's successful motion for summary judgment. According to
the Daily Journal article, "Scientology had claimed in its 34-page
motion to voluntarily dismiss its lawsuit," that it, "... always has
been willing to litigate to achieve justice, but when it is told it
must subject its parishioners and anybody associated with it in any
way to such blatant harassment and sacrilege [it] cannot pursue its
claims."

The Daily Journal article went on to say that these claims resulted
from Berry's 1993 Christmas "raid" at Scientology's Celebrity Center
where Kelly Preston-Travolta, Juliet Lewis, Isaac Hayes and Maxine
Nightingale were served with deposition subpoenas. Actor Charles
Durning, who had been appearing as Santa Claus and who is not a
scientologist, was also served. Despite the appeals of the some of
LA's leading entertainment law firms, John Travolta and the other
Scientology celebrities were ordered into immediate deposition along
with Scientology leader David Miscavige and the church's entire senior
management team. Actor Tom Cruise has twice threatened to sue Berry in
connection with testimony concerning Nicole Kidman and him and their
activities at the church's heavily armed desert fortress near Hemet,
California. Actor John Travolta has long been involved in some of the
matters set forth herein. Both Cruise and Travolta are scientology
spokespersons. The related, unsuccessful church litigation (involving
five cases) cost an aggregate of approximately $20 million.

The Church of Scientology openly blamed Berry for its retreat in the
Fishman-Geertz case and the publication of its "Trade Secret" Upper
Level materials ("the Fishman Declaration"). Scientology set about
employing its controversial Fair Game policy, which says that anyone
impeding scientology can be "tricked, lied to or destroyed," for his
or her actions. Among other things, the filing of the Fishman
Declaration attaching the church's confidential trade secret
scriptures ("OT I - VIII") set the stage for a series of high profile
Internet lawsuits alleging thousands of purported copyright
violations. Since the Fishman-Geertz case Scientology's fortunes,
irrespective of what you may have been led to believe, have never been
the same. Scientology lawyers Bowles, Moxon, Kobrin and Elliot Abelson
retaliated with a vengeful, brutal and crushing seven year campaign
intended to "utterly destroy" Berry in accordance with Scientology's
"Fair Game" Policies, Practices and other anti-social "scriptures".

On December 20,1993 Timothy Bowles, Esq., then of Bowles & Moxon, had
admitted on the record, to US District Court Judge Harry Hupp, that
his law firm was "investigating" Berry. Judge Hupp told Bowles & Moxon
to "stop it." Scientology Fair Game Policies state: "When we want
someone 'haunted' we investigate." Church of Scientology International
("CSI") secretary Lynn Farny, Bowles, Moxon and Moxon's Chief
Investigator Eugene Ingram have each testified that they did not stop
investigating Berry and that their "investigation" led directly to the
creation and use of the First Cipriano Declaration.Moxon's law
partner, Helena Kobrin, Esq. ("Kobrin") and Abelson engaged in
correspondence with Berry confirming the nature, scope and purpose of
the "investigation. Scientology senior executive Michael Rinder, New
York criminal defense attorney Michael Hertzberg, Esq. and Los Angeles
lawyer Elliot J.Abelson met with Berry and told him they had him under
investigation and surveillance because they were "aware" it upset him.
Abelson is a former L.A.Deputy District Attorney and former Gambino
"mafia" family counsel. He is now an in-house scientology attorney
with Moxon.

In early May 1994 Moxon and Abelson sent Ingram to New York City. On
May 4,1994 Ingram extorted a former Berry acquaintance to sign a false
Declaration, under penalty of perjury. Ingram prepared it. It alleged
that in one six month period in 1984 Berry had engaged in acts of
pedophilia with 40-60 different teenagers, and that he was engaged in
the activities of Andrew Crispo, a notorious New York alleged
murderer. Ingram then went to an upstate New York prison and obtained
a similar declaration from Crispo's friend Bernard Le Geros, serving a
life sentence in prison for a brutal and notorious 1985 murder. Berry
had never met Le Geros either. Another despicable declaration was also
obtained from a Dennis Cantwell .He too was unknown to Berry. Ingram
also visited several of Berry's friends and published false statements
as to what they had allegedly told him. 

Scientology's CAN Reform Group (which included Glenn Barton, Isadore
Chait and Donna Casselman) disseminated those allegations, and many
others, both in print and on the Internet (where they remain today).
Scientologist Russell Shaw embellished them on his Internet web page.
Berry was compared to Hitler, Mussolini, Stalin and other historical
monsters. Ingram, and other scientology-retained investigators,
personally delivered the "highly defamatory" First Cipriano
Declaration to most of Berry's friends, acquaintances, law partners,
business associates and clients, as well as to many judges,
politicians and government officials. Ingram, Beverly Hills lawyer
Jeffrey Steinberger and California State Assemblyman Steven Baldwin
called a media press conference demanding an LAPD investigation into
the threat that falsely accused and alleged pedophile Berry posed to
the youth of Los Angeles. Ingram even warned the Los Angeles Unified
School District to beware of Berry.  Moxon, Farny, Ingram, and other
scientology 'shills' unsuccessfully filed in excess of seven false
State Bar complaints and several false criminal complaints against
Berry. They distributed defamatory leaflets around Berry's
neighborhood and otherwise acted to "utterly destroy" him (a process
which is continuing to this day).  (At the very same time, the
Canadian courts were handing down the largest defamation award in
their history in favor of a Canadian lawyer who Scientology had also
set out to destroy and defame.)

Moxon, Abelson and Ingram did not stop with Berry. His Lewis D'Amato
senior partners were also "investigated". On January 5, 1995, Abelson
visited Robert F. Lewis, Esq., revealed the results of the
scientology/Moxon/Ingram "investigation" and extorted him into
agreeing that Berry would never represent anyone against scientology
again. Former LA County Bar President Jack Quinn was also involved.
Lewis was then blackmailed by Abelson, Drescher, Moxon and Kobrin into
taking the Dr.Geertz files and "deep sixing" them in advance of a
prospective malicious prosecution case by his client. The A.I.G.
Insurance Group and Lewis were pressured into withdrawing from
Dr.Geertz's insurance-funded litigation so that Scientology could
obtain an unopposed court order sealing the CSI v. Fishman- Geertz
court files. They contained substantial evidence of
Scientology-related instructions to commit financial fraud, murder and
suicide ("end of cycle"). Berry's career at the Lewis, D'Amato law
firm was effectively ended.

Outraged by all of these felonies, torts and ethical violations, and
refusing to be cowered in this manner, the Berry joined the
partnership of another large law Los Angeles law firm, Musick, Peeler
& Garrett. He accepted defense retentions in a number of other cases
filed by Scientology in connection with the alleged dissemination of
its copyright and trade secret business materials on the Internet,
picketing, and other expressions of free speech.  In another case
involving scientology and the Berry, the Church used 28 lawyers
against Berry and his client, at costs of over $2 million. Finally,
and in despicable circumstances, scientology obtained the very first
sanctions Berry had received in his then 22 year legal career. To do
so, scientology had retained Samuel D.Rosen, Esq. of the New York
office of the giant Paul, Hastings, Janofsky & Walker law firm.

	Berry also became briefly involved in the non- profit Cult
Awareness Network ("CAN") bankruptcy. In the Fishman-Geertz case, a
former Moxon-Ingram covert operative had testified that Bowles & Moxon
had a Plan 100, which resulted in the filing of over 30 meritless
lawsuits against CAN, in order to bankrupt and destroy it. Moxon had
solicited the representation of Jason Scott for whom he obtained a
multi-million dollar judgment against CAN. Moxon did so by convincing
the trial judge to exclude any mention of Scientology and its
involvement in the case. Instead of compromising and settling the
judgment for Scott, Moxon drove CAN ("Old CAN") into bankruptcy on
behalf of his other and undisclosed client scientology. Moxon then,
through Scientology 'shill' Gary Beeny, purchased its old nemesis'
assets and proprietary rights ("New CAN") and now scientology
sinisterly operates CAN for the purpose of intercepting members of the
public seeking help with loved ones victimized by cults.  When Scott
finally realized Moxon's multiple layers of non-waivable conflicts of
interest, and Moxon's real loyalty and agenda, Scott switched legal
representation from Moxon to Berry.

	The Scientology, Abelson, Ingram, Moxon & Kobrin worldwide
"investigation" of Berry then became even more feverish. They expanded
their activities to include an "investigation" of Berry through visits
to Musick, Peeler & Garrett's corporate clients, its former attorneys
and others. This was aggravated by the ready availability of the
Church's defamatory packages ("dead agent packs") about Berry on the
Internet. Moxon and Abelson investigators even spent days in the law
firm's reception area. They 
unsuccessfully insisted they had packages and photographs, which had
to be personally shown and discussed with Berry's senior partners.
Understandably and reluctantly, Musick, Peeler & Garrett gave Berry a
choice. Either leave scientology litigation or leave the Musick,
Peeler & Garrett partnership. At the same time,
scientology/Moxon/Abelson Internet "shills" were goading Berry to file
suit if, as Berry claimed, the First Cipriano Declaration was so false
and defamatory. Reluctantly, because of his great respect and
affection for the Musick, Peeler & Garrett law firm, Berry chose to
leave the firm and sue. The alternative was to concede that the
Church's "Fair Game" policies and practices had further depleted the
fewer than five lawyers nationwide who were and are willing to
represent litigants against scientology. Furthermore, Berry is an
openly gay man. He believed that some lawyers had to be publicly
available to represent the public against Scientology's domestic
terrorism. He had the knowledge and experience. More importantly, as a
single gay man, he did not have the vulnerabilities and terror
pressure points of a spouse, significant other, children or their
financial support. 

At the same time, the German government flew Berry to Washington,
D.C., to appear before a German Parliamentary Commission enquiring
into Scientology as a "psycho-terrorist cult".  The German government
then flew Berry to Germany to meet with the German Secret Police after
that government had placed the Church under surveillance for being a
suspected terrorist, totalitarian organization engaged in criminal,
commercial, and fraudulent activities.  The Russian, Greek, Spanish,
French and Belgian governments raided the scientology's various
European premises and seized tons of documentary evidence.  Among
other things, the Belgium evidence indicated scientology money
laundering. The Greek Police raids revealed senior government
officials on scientology "enemies lists," and Spain indicted the Los
Angeles-based President of the Church where he is now on
trial-although in hiding here in the U.S.A. having jumped one million
dollars bail. In Germany, Berry is given secret service protection and
delivered a 120 minute televised speech on "Scientology-The Dark
Side." Berry was flown to Germany again in late 2000.He was also
provided security protection against Scientology operatives on that
visit.

	Concurrently, Berry discovered the whereabouts of Cipriano and
the identity of certain anonymous distributors of Scientology's
"highly" defamatory publications. Provoked by scientology shills,
Berry sued the so-called sources of the defamation in one lawsuit
(Berry v. Cipriano), the non-Church publishers in another lawsuit
(Berry v. Barton), and the "instigating" Church itself in a third
lawsuit (Berry v. Miscavige). Before Berry could   obtain the
necessary court order to add lawyers Moxon and Abelson as defendants
with their clients, scientology removed the case to federal court. It
was three months before its remanded back again. Eventually in early
1999,but too late for Berry, all three cases were deemed related and
ordered consolidated in the State Court.

  Twelve months earlier, Moxon and Ingram, who knew they are going to
be sued in Berry v. Miscavige, solicited the representation of
Cipriano, promising up to $750,000 in financial benefits if he
co-operated with them to maintain the perjurious allegation that,
among other despicable things, Berry was a pedophile. After all, he
was the only "evidence" of "truth" that Moxon and his fellow lawyers
could find. As well as representing Cipriano, material witness and
defendant to be Moxon also represented defendants Chait, Casselman and
other conflicting interests in the consolidated case.

	Over the next 14 months, the Moxon & Kobrin law firm (of which
Ava Paquette, Esq. was also a lawyer) spent hundreds of thousands of
dollars keeping Cipriano away from the Berry, leasing expensive
residences, a car, paying for legal fees, living expenses, business
expenses, expenses relating to the expunging of criminal records, and
other conduct that has just come to light and that constitutes witness
tampering, bribery, blackmail, extortion, obstruction of justice,
subornation of perjury, etc., etc.  Moxon continues to refuse to
explain why the Moxon & Kobrin law firm would pay hundreds of
thousands of dollars to and for Cipriano, charge him no fees, pay his
criminal restitution, and pay for his criminal record to be expunged,
etc., before the Berry cases go to trial. 

	Moxon then assembled another large group of lawyers around him
(including Rosen who billed at $490 per hour and offered "no discounts
to anyone"). The transnational scientology juggernaut included those
from two expensive New York law firms, two expensive Washington, D.C.
law firms and three expensive Los Angeles law firms. They engaged in
blatantly abusive and overwhelming discovery conduct, felonies and
frauds upon the court. During the pendency of the consolidated Berry
v. Cipriano, Barton, Miscavige (Moxon/Abelson) lawsuit alone, Moxon's
corroborated criminal conduct, intentionally directed at Berry,
included violations of 18 U.S.C. §§ 1621, 1603, 1503, 1512, 371 2(a),
2(b) (perjury, obstruction of justice, witness and evidence tampering,
conspiracy, aiding and abetting and the use of an intermediary).

 Specifically, the felonies and fraudulent acts of Moxon and various
of his co-counsel included: (a) The May 5, 1994 presentation of the
perjured First Cipriano Declaration with numerous fabrications and
exaggerated statements regarding Graham Berry's sexual history to
Robert Cipriano, which Cipriano was forced to sign under duress and
the coercive threats of attorney Moxon's agent Ingram;(b) The use of
less than candid investigators to obtain information and the
subsequent use of that information obtained through the practice of
intimidation and coercion;(c) The deposition preparation of Cipriano
by Moxon on June 29, 1998 during which Moxon (and later Samuel D.
Rosen, Esq.) instructed Cipriano to lie about the ages of Berry's
sexual relationships, violated of Rule 3-210 of the Rules of
Professional Conduct and C.C.P. §1209(8) [18 U.S.C. §§371, 1512, 2(B),
1503, 1621 and 1623 (conspiracy, obstruction of justice, witness and
evidence tampering, perjury];(d) The further testimonial preparation
of Cipriano by Moxon comprised of instructions to lie on June 30,
1998, also in violation of Rule 3-210 of the Rules of Professional
Conduct and C.C.P. §1209(8); (e) Violating the oath taken by all
attorneys at law under Business and Professions Code §6067, in which
attorneys promise, "… faithfully to discharge the duties of any
attorney at law to the best of his knowledge and ability," violating
C.C.P. §1209(3); (e) The unlawful business dealings between attorney
and client prohibited by Rule 5-200 of the Rules of Professional
Conduct and C.C.P. §1209(8), undertaken in order to maintain
Cipriano's livelihood in exchange for perjurious testimony against
Berry;(f) The promise of up to three quarters of a million dollar
($750,000) donation to the Moxon/Scientology-founded charity, Day of
the Child;(g) The provision of a $2,500 loan to Cipriano;(h) The
provision for Cipriano's room and board at Ingram employee
scientologist Joanne Wheaton's Franklin House;(h)The rental, by Moxon
& Kobrin, of a Palm Springs condominium for Cipriano's exclusive
residential and business use;(i) The rental of a five bedroom Palm
Springs home complete with swimming pool and monthly provisions for
Cipriano's board and living expenses by the law firm of Moxon &
Kobrin;(j) The provision by Moxon, at no cost to Cipriano, of a
$20,000 lawyer in New Jersey to clear and expunge Cipriano's criminal
record in order to obstruct justice in the Berry consolidated
cases;(k) The subsequent provision of settlement monies in the amount
of $1,500;(l) Moxon's provision of free legal services to incorporate
Cipriano's "Day of the Child" Charity in Nevada; (m) Moxon's provision
of a new Saturn automobile for Cipriano on October 6, 1998;(o)
Moxon's provision of a Packard-Bell computer for Cipriano at a cost of
$1,000.There was even testimony that Moxon had been involved in
Berry's then two partners' termination of partnership .In overwhelming
and reprehensible circumstances, Moxon obtained an alleged discovery
default order against Berry. Consequently, Moxon obstructed and forced
Berry the out of the very litigation where Berry sought to vindicate
himself against the perjured allegations of pedophilia suborned in the
first place by Moxon and Ingram.  After Moxon obtained a dismissal of
Chait as a discovery default sanction, the totally crushed Berry
voluntarily dismissed the other defendants without prejudice.  Barbara
Reeves, Esq. of Paul, Hastings, Janofsky & Walker then pressured Berry
into voluntarily dismissing, without prejudice, Berry v. Miscavige as
a scientology precondition for being involved in meaningful settlement
discussions with the defense lawyer.

	During Rosen's and Moxon's abusive discovery in the
Cipriano/Barton cases, Berry had to testify that he had provided free
legal services to a 24-year-old acquaintance (Hurtado) with whom he
also had a prior sexual relationship.  Moxon, Los Angeles County
Criminal Bar Association President Donald R.Wager and Ingram
immediately solicited the representation of Berry's then client
Hurtado and persuaded him to fire and sue Berry with allegations
solely based upon the perjury Moxon and Ingram had suborned from
Cipriano. Wager and Moxon then located and paid for a Los Angeles
County Jail inmate to make similar allegations against Berry. The
prisoner, Anthony Apodaca, had never met Berry. Barbara Reeves, Esq.
of Paul, Hastings, Janofsky & Walker then set about introducing
Hurtado's and Apodaca's perjury in the Berry v. Cipriano, Barton,
Miscavige (Moxon/Abelson) consolidated cases. Represented by Moxon &
Kobrin, and later also by Wager, Hurtado filed state and federal suit
against Berry alleging sexual battery and legal malpractice.  Abelson,
Wager and Ingram then unsuccessfully pressured the Los Angeles
Sheriff's Department and Los Angeles District Attorney's Office to
arrest and prosecute Berry.

However, before Moxon's abusive and overwhelming discovery strategy
obstructed and forced Berry out of his lawsuits, in which Moxon and
Ingram are about to be added, one defendant in Berry v. Cipriano
settles for $75,000 and one defendant in Berry v. Miscavige settles
for $20,000.  One of the defendants in the Berry v. Barton case
(Scientologist W. Russell Shaw) settles for an exchange of mutual
general releases and an agreement by Shaw to testify at Berry's
request in subsequent cases .If that occurs, Shaw is expected to
testify that he was merely providing an Internet conduit for the
transmission of the defamatory Cipriano perjurious allegations by
scientology officials, Ingram and Moxon).  Having convinced Berry to
voluntarily dismiss Berry v. Miscavige as part of promised meaningful
settlement negotiations, Barbara Reeves, Esq. then engaged in a short
and meaningless settlement discussion with Berry.

Meanwhile, Berry had agreed to represent several plaintiffs against
the Church, including Michael P. Pattinson who had achieved the
highest levels of Scientology training, spending 25 years and $500,000
with the Church, only to find that it was all a secular fraud. He had
merely learned who he was not!  Pattinson retained Berry to sue the
Church, and also Moxon for fraudulently conducting much of the
Church's abusive litigation, criminal, financial fraud and other
wrongful activities.  Scientology then used Moxon as a Rule 11
"stalking horse" and convinced the federal court (Judge Snyder) that
Berry should be sanctioned for pleading that Moxon was engaged in
criminal conduct on behalf Scientology.  Subsequently, Cipriano
testified in his recanting declaration that concurrently with seeking
the Rule 11 sanctions from Judge Snyder, Moxon was engaged in the very
same criminal activities outside the courtroom, thus constituting his
Rule 11 motion a fraud upon the court and subject to reversal as part
of other available sanctions, such as contempt.

Moxon and four other law firms then filed a vexatious litigant motion
against the Berry alleging that the voluntary dismissal of Berry v.
Cipriano, Barton and Miscavige (Abelson, Moxon), and the Snyder
sanctions order, constituted sufficient basis for the Berry to be
declared a vexatious litigant by Judge Williams. Over Berry and
Cipriano's objections, Judge Williams refused to disqualify himself
when his then fiancée actually worked for the moving party and the
same entity as Moxon.

Cipriano had also testified that his then attorney, Moxon, had had the
Berry v. Cipriano and Berry v. Barton (Abelson, Moxon) consolidated
cases moved from Judge Hiroshigi to Judge Williams because, "Judge
Williams is a friend of the Church."  Judge Williams ruled Cipriano's
declaration as to Moxon's criminal conduct against Berry in the very
same litigation to be "irrelevant" to the vexatious litigant
proceeding.  Moxon introduced his new Church of Scientology
International co-counsel, Gerald Chaleff, Esq., Chairman of the Los
Angeles Police Commission and a prominent Los Angeles criminal defense
attorney, as his own counsel.

	By this point, Berry's litigation to seek vindication from the
Church of Scientology, and the Church's war of litigation attrition as
well as continuing defamatory publications to Berry's clients,
potential clients, friends, and others, had driven him into bankruptcy
and clinical depression.	Moxon then appears in Berry's "no
asset" bankruptcy on behalf of himself (on the basis of the Judge
Snyder sanctions motion), Barton (a fellow Scientology executive),
Chait (who financed and worked on the dissemination of the Cipriano
allegations of pedophilia and paid money directly to Cipriano), Michel
Revelliere (a fellow Scientology executive who Moxon represented in a
retaliatory lawsuit against the defense lawyer's federal court client
wherein Moxon obtained the Judge Snyder sanction), and the Church of
Scientology International (which employs Moxon, Barton, Ingram and
Revelliere).  Until then, there had been no suggestion that
Revelliere, who had sued Berry's client, had any sort of claim against
Berry.  In fact, it was merely a case in which Moxon had prevailed on
a motion for summary judgment in an action on an unpaid promissory
note by Berry's client, Michael P. Pattinson.

Moxon, despite having deposed Berry for 13 days during this and the
previous year in Berry v. Cipriano/Berry v. Barton), and for another
day in Abelson v. Greene, proceeded with day after day of Rule 2004
examination of Berry, ostensibly in connection with his bankruptcy
filing.  Although they had already obtained many boxes of documents
and records in the Berry cases, Moxon continued demanding documents
going back 10 years and more, as well as every single check Berry had
written for the past five years.  Merely copying and producing the
documents, requiring many days of searching and compilation, cost
Berry many thousands of dollars at a time when he was struggling
through bankruptcy.  In addition, Moxon and his law partner/counsel
Ava Paquette, Esq., served a deposition subpoena on Berry's former
part-time paralegal requiring her to produce all bank records, and in
another instance, records going back four years (involving
approximately 3,000 checks in one account alone), despite having taken
her deposition only a few months earlier in the Berry cases.


	Moxon then filed an adversary proceeding to have his $28,000
Judge Snyder sanctions award rendered non-dischargeable.  Moxon, on
behalf of Hurtado, filed another adversary proceeding to have the
perjurious sexual battery and baseless legal malpractice action
rendered non-dischargeable. He filed a third Adversary proceeding on
behalf of the Church of Scientology International and a fourth
Adversary proceeding on behalf of fellow scientology staffer Glenn
Barton.Moxon and Paquette also served a $700,000 settlement demand
upon the Berry's legal malpractice insurance carrier in connection
with the perjurious Hurtado sexual battery and legal malpractice
claim.

	Meanwhile, at the luxurious five-bedroom Palm Springs home
leased by Moxon for him, Cipriano decides he can no longer live with
the perjury Moxon is paying him to perpetrate against Berry.  Cipriano
telephones Berry explaining that he "must make amends."  He then
recants his perjury and writes an affidavit describing the criminal
activities perpetrated by Moxon, Rosen and Ingram to destroy Berry,
thus providing the defense lawyer with hard documentary evidence tying
Moxon to witness tampering, subornation of perjury, obstruction of
justice and other felonies.

	Media published an extensively researched investigatory report
of Moxon's seven-year worldwide campaign to "utterly destroy" Berry,
the manner in which Judge Williams allowed Moxon to proceed in the
Berry cases, and the unbelievable ruling of Judge Williams upon the
contrived vexatious litigant motion.  Cipriano actually appeared
before Judge Williams who, in effect, allowed Moxon to retain
Cipriano's legal files and securities despite termination and a motion
to recover them.  Moxon then "camps out" at the home of Cipriano's
friends and frantically communicates with another Cipriano associate
in an effort to meet with Cipriano and "straighten things out."  Moxon
"repossesses" the car he has leased for Cipriano, from outside Berry's
home, and dispatches his investigator, Edwin Richardson, to get
Cipriano from a hotel where he is staying and take him to "an old
lawyer on Wilshire Boulevard .The lawyer is to make everything all
right."  At Cipriano's frantic request, Berry rescued Cipriano from
Moxon's "investigator."  

TO BE  CONTINUED.