From hkhenson@cogeco.ca Sun Dec 02 17:10:51 2001 Path: sn-us!sn-xit-01!supernews.com!newsfeed.stanford.edu!news-spur1.maxwell.syr.edu!news.maxwell.syr.edu!newsfeed.cwix.com!newspeer.monmouth.com!news.lightlink.com!news2.lightlink.com From: hkhenson@cogeco.ca (Keith Henson) Newsgroups: alt.religion.scientology Subject: The (Con)Sealed motion, Frank Oliver's Declaration Date: Sun, 02 Dec 2001 22:10:51 GMT Organization: Temple of At'L'An Lines: 238 Message-ID: <3c0b9e87.17402007@news2.lightlink.com> NNTP-Posting-Host: 205.232.34.12 Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-Newsreader: Forte Agent 1.5/32.451 X-Original-NNTP-Posting-Host: 24.141.40.229 X-Original-Trace: 2 Dec 2001 17:12:10 -0500, 24.141.40.229 Xref: sn-us alt.religion.scientology:1008647 Sorry this took so long to get scanned. I have been extremely busy lately. Next week will not be any better because I have been told by Frita Sonksen that the Judge Waters is not only ignoring my request to get the rest of the trial record, but is denying my right to appeal at all based on representations by Elliot Abelson (and not the DA) that I cannot appeal because I am out of the country. This will require some kind of response, perhaps a writ to a higher court. Keith Henson LAW OFFICE OF CRIPPS AND HARR JAMES O. CRIPPS State Bar No. 31518 JAMES J. HARR State Bar No. 95032 (Stamped by the court) 133 N. Buena Vista, Suite 1 (Received April 18, 2001) Hemet, CA 92543 Telephone: (909) 925-5024 Attorney for Keith Henson RIVERSIDE SUPERIOR COURT IN AND FOR THE COUNTY OF RIVERSIDE PEOPLE OF THE STATE OF CALIFORNIA,) Case No.: HEMO14371 Plaintiff, vs. KEITH HENSON, Defendant. NOTICE OF MOTION AND MOTION FOR RECONSIDERATION OF ORDER WHICH PRECLUDES DEFENDANT FROM INTRODUCING EVIDENCE OF SCIENTOLOGY TACTICS, INCLUDING, BUT NOT LIMITED TO, FAIR GAME; DECLARATION OF FRANK OLIVER IN SUPPORT; MEMORANDUM OF POINTS AND AUTHORITIES NOTICE OF MOTION NOTICE IS HEREBY GIVEN THAT Keith Henson, defendant in the above-entitled action and hereinafter "Defendant", by and through his attorney, hereby gives notice that, at 8:30 a.m. on April 19, 2001 in Department H-4, located at 880 N. State Street in Hemet, California, or as soon thereafter as the matter may be heard, will move the Court to reconsider its order precluding the Defendant from offering evidence on the fair game doctrine and other tactics employed by Scientology. This motion is based on this notice of motion, the attached motion, the declaration of Frank Oliver filed concurrently herewith, the court record in this case, and such other matters as may be presented at the hearing on this matter. Respectfully submitted this 18th day of April, 2001. [signed] JAMES J. HARR, Attorney for KEITH HENSON MOTION FOR RECONSIDERATION FACTUAL BACKGROUND On April 17, 2001, the Court granted the People's motion for reconsideration, thereby ordering that the Defendant be precluded from introducing evidence of Scientology tactics, including fair game. The Defendant believes that for purposes of its ruling, the Court assumed that the Defendant's expert, Mr. Frank Oliver ("Mr. Oliver"), was indeed qualified as an expert, but that Evidence Code section 352 would preclude the introduction of such testimony. The Court did not conduct a 402 hearing on the issue of Mr. Oliver's qualifications, nor did it take any evidence on the issue, as it deemed that to be unnecessary after considering the arguments of the attorneys involved. BASIS FOR RECONSIDERATION The attached declaration of Mr. Oliver indicates that he is highly qualified on the tactics employed by Scientology against those it considers "suppressive persons" or "enemies". The --exhibits attached to his declaration indicate his extensive training in the Scientology Office of Special Affairs, which conducts and oversees fair game tactics. His special knowledge of, and training in, these tactics confirms that, even though he is not now a Scientologist, he is certain that the fair game tactic and other tactics are still being employed by Scientology during the relevant periods in this case. As an additional qualification, Mr. Oliver knows that the Defendant has been declared a suppressive person or enemy of Scientology. This stems from that fact that on February 11, 2001, Mr. Oliver was present in the Circuit Court in Pinellas County, Florida in the case of Church of Scientology Flag Service Organization Inc. v. Robert Minton et al. In that case, one of the defendants was the Defendant herein. On cross-examination of witness Antonio Avila, a prosecution witness, Mr. Avila stated that the defendants, including the Defendant herein, were identified by Scientology superiors as `suppressive persons" and "enemies" of Scientology. Such terms mean that tactics can be used to destroy such suppressive persons and enemies, as set forth in Mr. Oliver's declaration. If the Court will not reconsider its ruling on the fair game tactic and other tactics, this motion is deemed an offer of proof on the admissibility of the evidence of such tactics in this case. MEMORANDUM OF POINTS AND AUTHORITIES Evidence Code section 789 merely bars a party from producing evidence of a witness' religious belief or lack thereof. It does not protect an organization from trying to destroy an enemy. The manager of Golden Era had declared that he gave the Defendant's Internet postings to the alleged victims, and apparently otherwise would not have known about the postings. As a vocal detractor of Scientology, he has been deemed an enemy. This information is critical to the Defendant's ability to defend him. Using any means necessary to destroy an enemy is not a "religious belief' as envisioned in Evidence Code section 789. Evidence Code section 352 does not preclude the Defendant from inquiring into such tactics on cross-examination and offering proof of such tactics in the Defendants case in chief. Respectfully submitted this 18'h day of April 2001. JAMES J. HARR, Attorney for KEITH HENSON (page 139 from Church of Scientology Flag Service Organization Inc. v. Robert Minton et al.) 1 Q Well, enough for you to get that names of 2 people you never met, right? 3 A Right. 4 Q Okay. And these persons have been described 5 to you as suppressive persons? 6 A They have been described to me as members of 7 the Lisa McPherson Trust. 8 Q They have also been described to you as 9 suppressive persons or suppressive, correct? 10 A And you are referring to who? 11 Q These any or all of the people that 12 enumerated as being on the sidewalk on December 4? 13 A Actually, they haven't been described to me 14 like that. 15 Q Okay. They are, however, suppressive 16 persons, right? 17 A I would consider some of them to be. 18 Q Okay. And the Lisa McPherson Trust is a 19 suppressive or enemy organization, correct? 20 A Definitely an enemy organization, yes. 21 Q Okay. And these people, some or all of them 22 are enemies, correct? 23 A Right. 24 Q Okay. Let me ask you, of the people seating 25 on the right-hand side of room, we'll leave Mr. Howie DECLARATION OF rFRANK OLIVER I, FRANK OLIVER declare: "I . The facts set forth in this declaration are known to me personally. If called to testify as to the truthfulness of the facts set forth in this declaration, I would do so. 2, I was a member of Scientology from 1986 to 1992. From 1990 to 1992, I was a member of the Scientology Office of Special Affairs ("OSA'). Part of my responsibilities in OSA was to conduct the tactic of fair game, which is not a religious belief. It is an administrative practice unrelated to the religion of Scientology, The fair game tactic allows any Scientologist to do all things necessary y to destroy detractors of Scientology. Such detractors are referred to as enemies or suppressive persons ("SP)". The tactic of fair game was practiced by Scientology in 1992 up to the time that I left Scientology. My special knowledge and training as a Scientologist make me certain that the non-religious tactic of fair game and other such tactics have been continuously in practice by Scientology from at least 1968 to the present. 3, On February 11, 2001, I was in the Circuit Court of Pinellas County, Florida when witness Antonio Avila, a Scientology security guard, testified under oath that his Scientology superiors had indicated to him that Keith Henson was among the group that it considered SPs and enemies of scientology. 4. A partial listing of my Scientology credentials, training records, and experience are attached hereto as Exhibits 1 through 20 and are incorporated herein. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. f' Dated: April 18, 2001 t , FRANK OLIVER (Added by hand) On June 16, 1998 I appeared on NBC Dateline which profiled scientology and my involvement. On December 20, 1998 I appeared on ABC, 20/20 Additional Info available on the Internet at www.xenu.net [There is a lot of OSA policy material in the 20 exhibits Frank attached here. They are, of course, copyright to scientology. I think most of them have been scanned and posted before. There are two sections of considerable interest, "Confidential - Office of Special Affairs Network Orders" and "Limited Distribution - Communication Office Policy Letters." In this group is HCO Policy Letter of 21 Nov, 1972 "Black Propaganda" and the 1983 update of "Counter-Espionage." This last one has been on the net, in the 1969 version, but not the update.]