[Reformatted for readability.] From: clkates@aol.com (Charlotte L. Kates) Subject: Graham Berry declaration in Henson Hemet filing Date: 18 Jan 2001 00:00:00 GMT Message-ID: <20010117231502.09389.00004863@ng-ch1.aol.com> Content-Transfer-Encoding: 8bit Organization: AOL http://www.aol.com Content-Type: text/plain; charset=utf-8 Mime-Version: 1.0 Newsgroups: alt.religion.scientology X-Admin: news@aol.com This declaration was part of a motion filed in the Hemet People v. Henson case, in which Keith Henson is charged with the utterly ludicrous and oxymoronic crime of "misdemeanor terrorism" in accord with Scientology's continuing attempts to practice its Law of Fair Game upon Henson and other critics of the criminal cult. Berry is in New Zealand and filed the motion containing this declaration asking the judge to release him from the case. (Last Friday, in a secret hearing at which neither Keith nor his counsel were present, Judge Wagner revoked Keith's release on his own recognizance and has required him to report this Friday morning and face being jailed until Monday's hearing or pay $10,000 bail, in an act of sheer injustice.) -charlotte DECLARATION OF GRAHAM E. BERRY I, GRAHAM E. BERRY, declare and state: I am over the age of 18 years. I am the defendant in the within adversary proceeding. I have personal knowledge of the matters set forth in this declaration and, if called upon as a witness, would testify thereto. 1. This Declaration is submitted in support of my motion for leave to withdraw as one of defendant's counsel herein on the grounds that: (a) I will be absent from the country at the time of the currently scheduled trial date of January 22, 2001, because of an earlier scheduled and paid for, non-refundable, non-changeable trip to my parents' home in New Zealand; (b) my continuing partial and temporary disability resulting from Church of Scientology conduct directed at me; (c) my original representations (because of this disability), that I would not be appearing as trial counsel herein. Attached hereto and marked, as Exhibit A is a copy of medical certificate of Duane E.McWaine dated November 19, 1999. An updated certificate will be filed as soon as possible. 2. Over the past ten years I have been engaged in extensive litigation involving the Church of Scientology. However, the Church's Fair Game Policies and Practises, intended to "destroy" those such as Henson and me who are perceived of as impeding the Church's plans to take over the world and its plans to exterminate at least 2.5% of the population as well as all others who oppose its plans, has extracted such a toll upon me that I am now partially and temporarily disabled. I am not able to engage in legal practise, most particularly I am not able to engage in the stresses of litigation and trial practice. 3. I have represented Keith Henson in a number of the eight cases that have been filed against him at the instigation of the Church of Scientology and its representatives. When he learned, the night before his arraignment herein, through a motion filed by Church of Scientology lawyers in an unrelated case, that he was to be arraigned the next morning herein, he begged for my advice and assistance. Although the Court files herein stated he had been sent a summons to appear, none had been received. The next morn ing when, to the Church of Scientology's evident disappointment, Mr. Henson appeared for arraignment and on my advice asked for a delay. He was given an unfolded original of the defendant's copy of the summons/notice, which the court file noted had already been mailed to him. Had Mr. Henson not accidentally learned of his arraignment the next day, he could have, and likely would have been arrested on a non-appearance warrant while being deposed by Scientology counsel in Los Angeles. This counsel had known since September 13, 2000, of the conflicting arraignment and deposition schedules. 4. Ten days later, after Mr. Henson and I appeared at the postponed arraignment, we went to seek appropriate local counsel as Mr. Henson was well aware that it was my intention to assist him (and his attorney after one had been retained) by acting solely as a consultant with regard to the Scientology enterprise. 5. By the intended start of trial on October 30, 2000,. James Harr, Esq., was representing Mr. Henson in the matter herein. 6. When Mr. Henson requested my assistance because of the surprising news of his arraignment, I reminded him of the fact that I while I remained an active member of the California bar I was not engaged in active practice because of my temporary and partial health disability as explained in the attached letter by Dr. McWaine. As this letter indicates, this disability was primarily caused by the Church of Scientology and its Fair Game Policies and Practices as directed against me. 7. In 1991, I was part of the successful defense team in the Church of Scientology v. Yanny I and II cases. I also appeared in the Church of Scientology v. Armstrong II case. In 1993-1994, I successfully led the defense team in Church of Scientology International v. Fishman & Geertz, CD DC CA Case No.91-6426-HLH. We (me and my defense team of six lawyers) developed evidence regarding the Church of Scientology's involvement in murders, suicides and financial frauds (even against the United States Government). After engaging in blackmail to have me removed from the case, Church of Scientology "Chief Investigator" Eugene Ingram, Scientology attorneys Helena Kobrin and Elliot Abelson, and Church of Scientology Office of Special Affairs ("OSA") managed to secure custodial access to my clients' files even though Dr.Geertz was still engaged, and would continue to be engaged, in malicious prosecution proceedings against the Church. Similarly, with Fishman and Geertz now unrepresented in 1994, Moxon convinced Federal Judge Hupp to temporarily seal the District Court file. Subsequently, I have been involved in a number of other Church of Scientology related cases including at least four cases involving Mr.Henson.He was successful in three of those. 8. Since 1993, Moxon & Kobrin, Abelson and Ingram have repeatedly contacted (under the guise of "investigating" me) almost all of my professional colleagues, clients, partners, opposing counsels, friends, acquaintances, etc., around this city and indeed around the world. In particular, they have distributed, and continue to publish, a now recanted May 5,1994, Church/Moxon/Ingram blackmailed and bribed declaration of Robert Cipriano perjuriously and baselessly accusing me of pedophilia. Their Internet postings remain on the World Wide Web even though recanted by Cipriano. Practically speaking, this has rendered it impossible for me to practice law either with a firm or alone. As intended by Moxon & Kobrin, it has shrunk my circle of friends, associates, clients and activities. I am now nearly a virtual recluse after feeling mugged, raped and plundered by Moxon & Kobrin, Abelson, Rosen, Ingram and Scientology's improper and unethical manipulation of the legal system and "Fair Gaming" of me. Cipriano's deposition has recently been taken in the State Court Hurtado v. Berry case. Moxon tried to prevent the deposition being taken, terminated it, brought an unsuccessful ex parte motion to quash it and then wanted to have the transcript sealed. In the deposition Cipriano repeatedly testified to Moxon that Moxon had blackmailed and bribed him, suborned perjury from him, solicited his representation, engaged in witness tampering, tortous conduct, serious ethical breaches and in the criminal obstruction of justice during the Berry v. Cipriano consolidated cases. Moxon did not rebut or deny any of these allegations before the District Court in the Pattinson v. Miscavige case. Instead, his only and successful argument was that they are legally irrelevant! At the time of this testimony, then District Attorney Gil Garcetti refused to pursue this criminal conduct of Moxon's, corroborated by fifty irrefutable and uncontroverted documents (many in Moxon's own handwriting) for as one of his chief aides said, "Graham, we cannot do it for political reasons. One day I may be able to explain it to you." Naturally, that "political reason" was probably related to Moxon and the Church of Scientology's criminal defense counsel, Gerald Chaleff, Esq., who is also Chairman of the Los Angeles Police Commission. 9. Then, on September 13, 2000, Abelson embarked upon another character assasination campaign, which he described as an "investigation". He wrote, "The purpose of my investigation is to uncover unethical or illegal conduct committed by Mr. Berry." Other lawyers have described it as " the most despicable conduct" by an attorney that they have ever seen. It was provided to my parents, my neighbours, longtime friends and others listed as ccs on the document. Some had never heard of me before, but were neighbours of my friend, Jane Scott, an ex-scientologist whose former husband has contributed over one million dollars to Scientology. The letter had the effect of plunging me into deeper depression from which I am only now, after a substantial increase in the dosage of medication I am taking, beginning to emerge. 10. In October, I went to Germany to assist the Lisa McPherson Trust as one of their counsel. The German Secret Police provided our group with security officers to protect us from the Church of Scientology's potential activities against us and from OSA's constant surveillance. Many European nations deem the Church to be a subversive, terrorist, criminal, political and commercial organization which has to be monitored and restricted. Indeed, I remain under regular surveillance by the Church's OSA organization. 11. During this trip to Germany, I learned facts, which lead me to conclude that Scientology has essentially been creating false claims of persecution in Germany and other European countries in order to persuade the United States' State Department to advance the Church of Scientology's "religious" agenda upon the contrived claim of religious persecution. One of my German hosts, Ursula Caberta, is the head of the State of Hamburg's Working Group on Scientology which in Europe is widely considered to be a for profit commercial and terrorist organization with global totalitarian political objectives. Moxon & Kobrin sued Ms. Caberta in the Florida Courts when she recently visited the Lisa McPherson Trust in Clearwater, Florida. [See generally: www.lisatrust.net; www.lisamcpherson.org; www.xenu.net; www.xenutv.com; www.lermanet.com.] Even though barred by principles of sovereign immunity Moxon & Kobrin continue to harass Caberta (a former legislator) with this abusive litigation against a foreign government official with falsely and widely published corruption allegations. Indeed, OSA stages daily, ugly demonstrations outside the offices of her superiors for the purpose of intimidating them into dismissing her. Similarly, they picket Mr.Henson's home and his wife's employers. 12. During this same period of time, the in-house scientology legal unit, the Moxon & Kobrin law offices, also surreptitiously arranged for documents to be placed in the INS file of my former client, Michael Pattinson, in an ultimately unsuccessful attempt to prevent him from receiving his INS "green card". Mr. Pattinson successfully sued the INS in connection with Moxon & Kobrin's apparent conduct. The INS could not explain how the Moxon & Kobrin documents found themselves in the Pattinson "green card" file and it was ordered to immediately issue Mr.Pattinson's "green card." 13. Similarly, during this same 1998 to the present date, Moxon & Kobrin and Samuel D. Rosen, Esq., from New York continued to harass Keith Henson, his wife and 18-year-old daughter in Northern District Bankruptcy Court. As a rough estimate, the Church of Scientology has spent over one million dollars in connection with its claim for $75,000 (Henson I, breach of copyright statutory damages) against Mr. Henson who is in bankruptcy because of the Church of Scientology. Clearly, the bankruptcy process is being abused in Mr. Henson's case. The amount of money being spent to harass the Henson family, their friends and Henson's prospective employers far outweighs any possible recovery by the Church of Scientology. Of significance to the charges filed herein, Moxon & Kobrin and Rosen took a 4th day of Henson's deposition on October 24, 2000. Henson objected to certain of Rosen's questions as being collateral discovery for the case of The People v. Henson. Rosen denied this, insisted the questions be answered on pain of sanctions, and represented that the questions and documents were not collateral discovery. A mere two days later Rosen personally had delivered an expedited copy of that Henson deposition transcript to the Hemet District Attorney for use in this same People v. Henson case which was then scheduled for trial the next court day. Indeed, earlier the same morning, New York attorney Rosen (charging $500 per hour) sat in the Hemet Municipal Courtroom during the pre-trial status conference in The People v. Henson and communicated with the Deputy District Attorney as to strategy. The same DDA has conceded to me that Scientology representatives have been actively assisting the Riverside District attorney's prosecution of Mr.Henson. At the October 26, 2000, status conference Rosen said to me, as I spoke to the DDA, "Mr. Berry, are you still being a vexatious litigant? Robert, (indicating DDA Robert Schwartz) don't pay attention to him. We're having him disbarred!" 14. The People v. Henson record in Hemet is also clear as to improper pressure being brought upon the District Attorney to prosecute Henson despite the Hemet police fully investigating and reporting, in three different police reports, that Henson had committed no crime. This pressure was bought by Gerald Feffer, Esq., of the Washington, D.C. criminal defense law firm of Williams & Connolly. Mr.Feffer is one of Scientology's lead attorneys and was instrumental in having the IRS suddenly and surprisingly drop its 20 year refusal to grant Scientology tax exempt status in exchange for Scientology dismissing the over 2000 law suits it had caused to be filed against the IRS. According to an address by David Miscavige, Scientology's leader, the IRS relieved the Church of Scientology from a past due tax bill of over one billion dollars, David Miscavige and other scientology leaders from personal tax bills in the hundreds of thousands of dollars, appointed a committee of scientology officials to determine the future tax compliance of the Church and individual scientologists and provided for the United States government to brief all foreign governments as to the Church of Scientology's new tax free status in the U.S. and Scientology's alleged entitlement to tax free income in those nations. At the same time, the Church of Scientology reached a settlement with Interpol with which it had been warring for many years. 15. Mr. Henson has publicly stated that his research has disclosed that Moxon, on behalf of the Church of Scientology, was instrumental in paying a Maryland private investigator over one million dollars in fees and "costs" to set up the then new IRS Commissioner in a compromising situation(s) so that he would finally approve the Church of Scientology's IRS Section 501(c)(3) applications despite over 20 years of IRS and FBI opposition to their being granted 501(c)(3) status. The same opposition to Scientology's 501(c)(3) status which had been upheld the previous year by the US Supreme Court in the Hernandez v. Commissioner case. 16. My 75-year-old parents visited me briefly last October. They were shocked by Scientology's/Abelson's packet, described above, and offered to pay for me to visit them in New Zealand for six weeks from December 18, 2000, until January 31, 2001.I accepted and they purchased me a non-refundable, non-changeable air fare. That was purchased on October 20, 2000, before the Courts currently scheduled trial date of January 22, 2001. 17. The People v. Henson case is a misdemeanor terrorism case in which the victims concurrently claim they are at cause over matter, energy, space and time, but are in a sustained state of terror caused by Henson's web postings, taken out of context, and his picketing of their paramilitary base! Arguing by analogy to assault cases and the "egg shell skull doctrine" that you take your victim as you find him, they now advance the "numbskull doctrine", that brainwashed cult members, who are not allowed access to the Internet and are actively prevented (by the Church of Scientology "net nanny") from reading the newsgroups on which Henson posts, may have an unreasonable and irrational fear based on unreasonable and out of context statements of which they were informed selectively, but which they did not read. It is the 8th case that Scientology has either filed or instigated against critic, Keith Henson, on whom they have expended at least $2,000,000 in legal fees to try to gag him and stop him from picketing Scientology facilities. Samuel D. Rosen, Esq., has been the recipient of the bulk of these fees. Indeed, Mr. Rosen has vowed to pursue Mr. Henson for the rest of his days. The two previous People v. Henson cases (for picketing related conduct), and Hoden v. Henson (an almost identical suit to that herein) were dismissed. 18. My withdrawal from my limited role (as a consultant on Scientology litigation issues) in The People v Henson case will now leave Mr. Henson with Mr.Harr as counsel, in accordance with the plan at the beginning of these proceedings. Moxon & Kobrin and Rosen's harassment of Henson, his family, neighbours and employers has rendered it almost impossible for Mr. Henson to obtain or retain employment and so adequately and promptly pay Mr. Harr. However, this is what the Church of Scientology's Fair Game Policies and Practices, as applied by Ingram, Moxon & Kobrin, Abelson, Rosen and others is all about. Indeed, Scientology brought New York attorney Samuel D. Rosen, on October 26, 2000, to observe a status conference I attended in this latest People v. Henson case. In this regard, it is significant to note from a cost standpoint, that Mr. Rosen (a copyright lawyer) charges approximately $500.00 per hour (and as he has testified in court, "No discounts to anyone!") and requires two first class plane seats and luxury hotel accommodations when he travels, even for the 501(c)(3) Scientology organization. In another case he claimed that he "did business in California" and therefore knew that the California courts would impose the sanctions he would seek if his deposition questions were not answered. In one of the eight Henson cases, Mr. Rosen said to me, in open court that he would "Smash your [my] face in!" This was the subject of a side bar conference on the record and several subsequent declarations including those of two witnesses. 19. I am also required to face the Church of Scientology as a defendant in a case they solicited. This occurs one month after I return from New Zealand.The California Superior Court trial in Hurtado v. Berry is scheduled to commence on March 5, 2001.Moxon & Kobrin are trial counsel in that case. Insurance carrier appointed counsel therein is representing me. During the Berry v. Cipriano/Berry v. Barton/Berry v. Miscavige [and Moxon] litigation that Rosen and Moxon: (1) obtained an order that they be provided with the details of my malpractice insurance coverage; and (2) insisted that I respond to questions about a pre-existing sexual relationship (which is expressly permissible) with a subsequent pro bono client, Michael Hurtado. Deposition evidence in the Hurtado v. Berry (including that of Hurtado and his mother) now establishes that: (1) Moxon's investigator, Ingram, visited Hurtado's parents and showed them the now recanted first Cipriano declaration and my deposition testimony in the Berry cases, upon which they expressly relied; (2) arranged for Hurtado's parents to meet with attorneys Moxon and Donald Wager who solicited the representation of their then 24 year old son in action against me for alleged sexual battery and legal malpractice; (3) that Ingram, Moxon and Wager then met with Hurtado, told him that he could make a lot of money by suing me, that I was a "very bad person" who they had, " . . . been after for a long time" and that they would represent him for free; that (4) Wager and Hurtado made certain perjurious statements to the Santa Monica Superior Court in order to have Hurtado's drug diversion plea set aside for alleged attorney misconduct and forwarded that false testimony and argument to the California State Bar; that (5) Ingram, Wager, and Scientology attorney Elliot Abelson then unsuccessfully sought to have the LA District Attorney's office file criminal charges against me; and (6) unsuccessfully demanded a $750,000 settlement, then a $100,000 settlement, more recently a $15,000 settlement and now a voluntary dismissal in exchange for general releases of Hurtado, et. al., from my insurance carrier; and (7) after Hurtado was rearrested (on charges relating to conduct that was essentially burglary and lying in wait [in a bedroom closet] for a woman with a carving knife) trying through Ingram to pressure the State's complainant to drop the charges. Hurtado then served a year in prison and is now on 10 years probation. Discovery is drawing to a close in that case. A settlement conference is scheduled for February 2, 2001.However, I cannot consent to settle the case, under any circumstances or arrangement because of the Moxon & Kobrin/Ingram continuing world wide dissemination of these perjurious allegations on the Internet. Accordingly, even a substantial monetary offer to release malicious prosecution and abuse of process claims against all those involved could not be accepted under any circumstances. I believe that a successful trial is required to clear my name. Of course, the circumstances are also such that some of these involved may be indicted, and Hurtado could have his ten years of probation cancelled irrespective of the outcome of any subsequent perjury proceeding against Hurtado. 20. I am currently under the care of Dr. McWaine because of the temporarily disabling depression from which I am now and have been suffering, primarily caused by the long standing course of conduct against me by Moxon, Kobrin, Paquette, Rosen, Ingram and others. I am taking anti-depressant medications prescribed by Dr. McWaine. I have recently increased the dosage of one of my medications from 50 mg to 200 mg (which was to have been the appropriate dosage all along). Increasing this medication has rendered me a bit less lethargic and susceptible to procrastination and overwhelm and I seem to have less frequent suicidal ideations. Nevertheless, even with these minor improvements, I am physically, mentally and emotionally unable to continue at this time with any trial representation, brief writing or other related activities. Accordingly, I must seek to withdraw from the only case (other than my own) in which I am currently involved. 21. Dr. McWaine is expected to prepare a letter confirming and updating his report of a year ago. (See Exhibit A hereto). This updated report will be filed as soon as it is available. 22. I have not included testimony regarding similar Moxon & Kobrin/Abelson/Rosen in other cases in which I do not have personal involvement or an attorney client relationship. These cases would include both the Mark Bunker case and Jesse Prince arrest where scientology has also been instrumental in instigating improper and baseless prosecutorial activity. Abelson, a former Mafia and Gambino "Family" criminal defense attorney is closely involved in the Bunker prosecution. In both the Bunker and Prince matters there are allegations of Church of Scientology-related evidence planting and/or tampering. 23. Until subjected to abusive scientology litigation tactics and "overwhelm", I had never been sanctioned by any court anywhere. I believed that law enforcement was essentially honest and that the courts were generally incorruptible despite what a 1980 American Lawyer article described as the Church of "Scientology's War Against The Judges". I stood up to scientology because I believed such abusive conduct would not be tolerated by our courts. I believed that our courts would not be subverted with such apparent legal impunity. After all, say most law enforcement and other public officials, "Scientology is a church and a religion!" To learn otherwise has been a major factor in the often-immobilizing depression for which I have been under medical attention for since June 1998. It is extremely painful to have to constantly fight abuse of the legal system by the Church of Scientology and its activities to "utterly destroy" its critics in accordance with the written procedures set forth in its Fair Game Policies and Practices. 24. When I appeared at the arraignment of Mr. Henson on October 30, 2000, I made it clear to him and to the court that I was only appearing for the purpose of the arraignment and that I would not be trial counsel, in part because local counsel was required, in part because of my current disability, and in part also because I may be required as a witness (although there are now other witnesses available to testify as to the same facts, thus making my evidence redundant.) 25. Like Mr. Henson, I have also picketed alone and with others on a number of occasions over several years and on each of these occasions those present at the base, or Golden Era Productions as it is publicly called, behaved in exactly the same way that they now allege is the basis for the criminal charges pending herein. That is, the scientologists are herded away from any place from which they might view my picket sign and private investigators often walk the picket line with me, and verbally harass me, as they do to Mr. Henson and many others. Golden Era is in fact a heavily armed paramilitary base: (www. holysmoke.org/tabayoyon2.txt; www.scientology-lies.com/andretabayoyon.html; www.sky.net/~sloth/sci/tabayoyon2 www.sky.net/~sloth/sci/mary.tabayoyon.html). 26. Clearly, what the Scientologists in charge are afraid of is that some of their numbers might be exposed to the contents of our picket signs and that might lead to the asking of difficult and potentially embarrassing questions for which there are no simple, pat answers. Or worse yet, that seeing the content of the picket signs might lead some of the "fold" to defect. Experience has taught me that the people in control of Scientology are afraid of our exercising our Constitutional right of free speech. They are arguably more worried about Mr. Henson and others' interference with their prospective economic advantage than they are worried about any alleged weapons of mass destruction which they accuse Mr. Henson of possessing. Assuredly, they are afraid of the pen, not the sword. Why else would they have had a $500/hour New York copyright attorney (Rosen) show up in the courtroom to coach the ADA during Mr. Henson's arraignment? 27. I have discussed this motion to withdraw with James Harr,Esq., who agreed to file and appear on it and with Keith Henson who said he would discharge me and raise no objection to this motion. I declare under penalty of perjury according to the laws of the Sate of California and the United States of America that the foregoing is true and correct. Executed in Los Angeles, California on this the 18th of December 2000. ______________________________ Graham E.Berry Charlotte L. Kates CLKates@aol.com ckates@eden.rutgers.edu http://members.xoom.com/justinusa/ - Justice International http://www.offlines.org/ OFFLINESonline: freedom from Scientology Practice organized resistance and conscious acts of solidarity!