From: hkhenson@pacbell.net Subject: Draft letter Date: 09 Dec 2000 00:00:00 GMT Message-ID: <90suhm$6eh$1@nnrp1.deja.com> X-Http-Proxy: 1.0 x63.deja.com:80 (Squid/1.1.22) for client 206.170.6.205 Organization: Deja.com - Before you buy. X-Article-Creation-Date: Sat Dec 09 09:37:58 2000 GMT X-MyDeja-Info: XMYDJUIDhkhenson Newsgroups: alt.religion.scientology X-Http-User-Agent: Mozilla/4.02 [en] (Win95; I) I don't know if my lawyer will let me send this to Judge Walker, but if he does, I want it right. Please send me corrections, grammer, spelling and facts. Thanks in advance, Keith Henson H. Keith Henson Box 60012 Palo Alto, CA 94306 650-325-7533 (hm) 650-776-5702 (cell) 650-325-5246 (fax) December 8, 2000 Re HEM014371 Judge Rodney L. Walker 880 N State St. Hemet, CA 92543 Your Honor: Please excuse the letters dated November 27, 2000. They were mailed in error after Mr. Harr told me that paid or not paid Mr. Schwarz had informed him he would be forced to remain on the case. After reading his faxed report to me about how the hearing went today, I don't know if this is a good thing or not. I spent *many* hours working on the proposed stipulations and trying to get my work conveyed to the DDA through Mr. Berry and Mr. Harr. It was my understanding from the previous hearing that DDA Schwarz and myself would agree on as much as we could and you would hold an evidentiary hearing on what we could not agree upon. After a number of faxes, telephone calls and meetings there are fewer points of agreement now (4) than the first draft (8). For example, the DDA insists on including material from the book Great Mambo Chicken. I don't have a problem with impression GMC gives, but there is not one sentence among those the DA picked out the book which I believe is "true and accurate." I would be willing to stipulate that there is such a book and that the contents were written by Ed Regis who interviewed people about events almost 20 years in the past at that point. But I can't stipulate to those statements being true because in a number of different ways they are not, and some of them are more like Jabberwocky (what is a high tech couple anyway? We were raising rabbits and chickens in those days.). I would be willing to go into detail in person, under oath if you wish. I have also told Mr. Harr that I am willing to supply (for the purpose of ruling on an 1118 motion only) a copy of all of my postings on Usenet news groups from early May of 2000 to September 1 of 2000, some 681 pages. If you wish, I can supply them to the end of September. Since this is an unreasonable amount of paper to carry I gave Mr. Harr three copies of my postings from this period on diskette. I hope he conveyed this offer to you and the DDA. If it was accepted, about 20 of the out of context postings the DDA wants included in his proposed stipulations would be stipulated (in context rather than as snippets). I am also willing to include for context any postings which can be found on www.deja.com unless they conflict with my records as provided. (And if they differ, it would be cause for widespread concern.) There are a number of new or modified stipulations I have proposed through Mr. Harr. None of them seem to have made it into the last proposed stipulation. For example, point 32 of the first version of the stipulation stated that "Henson has demonstrated at one or more Churches of Scientology with the following individuals Graham Berry, Stacy Brooks, Jesse Prince, Brent Stone, Barbara Graham, Bruce Pettycrew, David Rice and Frank Oliver." This is grossly incomplete. After considerable effort to obtain names, I proposed: 32. Henson has demonstrated at one or more Churches of Scientology with the following individuals - Administrati, Ahmad, ALAN BARCLAY, Alyson, Anima, Arel Lucas, Arnie Lerma, Barbara Graham, Barbara Warr, Beverly Rice, Bill Scannell, Bill Winfield, Bob Minton, Brent Stone, Birgitta Harrington, Bob Peterson, Bruce Pettycrew, Carl Kaun, Catarina Pamnell (from Sweden), Christer (clind@xxx.se), Dave Touretzky, David Cecere, David Rice, Dean Benjamin, Deana Holmes, DEEP WOG from Toronto CW 1998, Dennis Erlich, Dobe R. Mann, Doug Johnson, Dr. Ed Lottick and family, Ed (metasyn), Duncan Pierce, Elvis, Ermine, Ethercat, Frank Oliver, Fred Davis, Fred Rice (and family), Fubarz, Gabe Cazares, Garry Scarff, Geoff Burling, Gerry Armstrong, Grady Ward, Graham Berry, Gregg Hagglund, Gypsy Blue, Ina Brochman, J. M. Ivler, Jason, Jeff Jacobsen, Jeff Lee, Jesse Prince, Jim Lewis, Jim Wissick, Joe Neal, Jwog, Karsten Lorenzen (from Denmark), Kathy Pettycrew, Keith Bennett, Kim Baker, Kristi Wachter, Lady Jane, Larry Wollersheim, Len "BigBeard" Nieman, Lisa Derrick, Lisa (at Campbell org), M.C. DiPietra and family, Mad Kow, Margaret Huffstickler, Mark Bunker, Mark Dallara, mark ebner, MarkIRC, Mark2, Mark Plummer, Martin Ottmann, Matt Ouimette, Meklar, Merkabah, Michael Reuss, Nancy, Neal Hamel, Neddie, Patricia Greenway, Peaches, Peter Alexander, Peter Reichelt, phr (Paul Rubin), Podkayne, Prignillius, Priscilla Coates, Ray Randolph, Richard Maggini, Rod Keller, Roger Gonnet, Ron Newman, Roxthefox, Sam, Shelley Thomson, Snefru, Stacy Brooks, Steve Fishman, Steve Hassan?, Steve Whitlach, stukafox, Sue Mullaney, Suse, TalonK (Justin), Taniwha, Tashback, Ted Mayett, Thaddeus Beier, The Stunning Brunette, Thomas Merritt, TilmanHausherr, Tommy Collins (Mar 98 LA), Tom Klemesrud (Mar 98 LA), Tony Williams, "Twils", Valerie Emanuel, Wayne Whitney, Xenu, Zelle, Zinjifar (Joe Lynn) and some dozens of others. The DDA's last proposed stipulation of facts removed any mention of others who have picketed with me. I did not object to the people he included, just tried to make the list accurate. No sign of any of my or my wife's proposed stipulations (below) have been included. Every one of these could be backed up by evidence or testimony. 73. Golden Ear staff reacts the same way to Henson as they do to anyone who carries a picket sign. Scientology staff other places such as Los Angeles and Clearwater also hide or try to avoid seeing picket signs. 74. A number of staff members fled (abandoning a wheelbarrow full of wet concrete) from Bruce Pettycrew and his wife when they picketed Golden Era in June 2000. 75. Henson has been attacked several times while picketing Scientology locations. 76. Scientology is known for locking people up in dangerous places such as chain lockers. 77. Stacy Meyer was electrocuted in a transformer vault June 25, 2000. The OSHA report claimed she had placed a 6 foot stepladder in an 8 foot deep vault and entered the vault over her concerns about ground squirrels. In the OSHA report the ground squirrel stories by Hoden and others are inconsistent. ("Squirrels" have a special and derogatory meaning in Scientology.) 78. The first version of these stipulations were not written by the DA's office 79. The first version of these stipulations were written by Church of Scientology International or their agents. 80. Sixteen year old Ashlee Shaner died May 17, 2000 on the road in front of Golden Era as a result of a collision with construction equipment being moved after dark without precautions to protect motorists. A manslaughter charge was recommended. 81. The Highway Patrol accident report on Shaner stated that Golden Era staff had asked the construction workers to work late. 82. Henson begin to picket (to a seemingly deserted base) over Ashlee's death on May 26, 2000. 83. The teachings of Scientology condone lying and manufacturing evidence. 84. Henson has viewed the Sally Jesse Raphel show where Roxanne Friend (now dead from cancer) described being kidnapped by Scientology agents. 85. Henson's attention was directed to the news group alt.religion.Scientology early in 1995 by widespread reports of an "rmgroup" issued by Scientology lawyer Helena Kobrin 86. Henson learned of Lisa McPherson's death which occurred December 5, 1995. 87. The police recommendations of three manslaughter cases in the death McPherson. 88. Henson was sued by Ken Hoden (Scientology staff member). 89. Henson was sued by Glenn Barton (Scientology staff member--Los Angeles). 90. Henson was sued by Jones (Scientology staff member--Clearwater, FL). 91. Henson was citizen's arrested by Glenn Barton and Edwin Richardson. 92. Henson filed a rule 60(b) motion in his bankruptcy case due to Scientology lawyers and agents attacking Mr. Berry (based on Cipriano's declarations). 93. On July 17, 1996 a federal judge threw out the last part of a $415 million lawsuit brought by the Church of Scientology against Time Warner Inc. The suit charged that Time magazine maliciously libeled the church in a 1992 article that called it a "cult of greed." The article charged Scientology was a "ruthless global scam" posing as a religion. It said it was not a religion but an organization obsessed with making money. A Time representative said: "Scientology's efforts to punish Time for reporting about it have failed because of the First Amendment, and because of Time's willingness to defend its article and not be intimidated by the Church's apparently limitless legal resources." In defending its right to publish its opinion, Time magazine reportedly wound up spending 7 million dollars in legal fees. 94. Scientologists believe OT VIIs (a level of Scientology "training") are at cause over MEST (matter, energy, space and time). 95. Henson carried signs while picketing which included the names of Scientology victims Lisa McPherson, Ashlee Shaner, and Stacy Moxon Meyer. The following are additional suggested stipulation points suggested by my wife. 1. Henson has never been arrested by the police. Henson has only experienced "citizen's arrest" by Scientologists while he was picketing. 2. Henson has been a free-speech advocate since he was in college, starting by working on an alternative school newspaper. 3. Henson founded a space-advocacy organization in the 1970s and, when attacked in that forum by Lyndon LaRouche, fought the LaRouche organization (with humor). 4. Henson has spent much of his life as a "public citizen," speaking (once before Congress) and writing about public-interest issues. (See enclosed article "Star Laws".) 5. Henson's interest in pyrotechnics has always been professional (geophysical blasting), and recreational, producing fireworks shows and special effects for his friends and once (in Scottland) for the public. 6. No injury or property damage has ever resulted from any Henson pyrotechnic display or professional explosives work. 7. Henson is recognized by his neighbors and friends as a good citizen. These neighbors and friends have fended off Scientology-funded detectives and interrogators by countering with stories about his good name, or by reporting private investigators to Henson. 8. Henson's parents, consulting clients, home and his wife's workplace have all been picketed by Scientologists. 9. The Scientology policy of "fair game," in which people designated enemies of Scientology are placed outside the pale of ordinary human respect and lawful intercourse, to be harassed, sued and tricked, has never been rescinded. 10. Henson is an object of the "fair game" policy of Scientology. 11. Henson does not know the persons in the complaint by sight or by any other means. Henson has never knowingly addressed these persons in any way. 15. A partial transcript of an uncorrected deposition (taken under false colors) of Henson in his bankruptcy was entered in evidence in this action by attorney Samuel Rosen. 22. Henson is a computer consultant working (sometimes) from his home. 23. Henson's clients have been picketed, deposed, leafleted, and in one case, their offices were invaded by Scientologists. 24. Henson was driven into bankruptcy by Scientology litigation. 25. Henson's bankruptcy plan has been opposed by a branch of Scientology, the "Religious Technology Center," for 2-1/2 years. 26. The "Church" has taken the occasion of Henson's bankruptcy to abusively depose him several times, his wife for 14-1/2 hours (using Office of Special Affairs staff and New York attorney Samuel Rosen), and his daughter (reduced by court order to one hour from an all-day proposed abusive deposition by Rosen). 27. RTC was sanctioned $1,000 by the Central District of California bankruptcy court for their actions in forcing the seeking of a protective order for Henson's daughter. RTC has appealed this sanction. 28. Scientology attorneys Gerald Feffer, Eliot Abelson, Samuel Rosen, have advised DDA Schwarz in this case. (Perhaps others as well.) 29. The stipulations presented by the DDA were written by Scientologists or their counsel. 29a. By Rosen's claim in federal bankruptcy court on September 13, 2000, the Scientology has spent more than $2 million in actions against Henson. 30. Eliot Abelson is a staff member of the Office of Special Affairs (OSA), the "Church" of Scientology organization charged with "clearing the planet" of dissidents, critics and others considered enemies of the "Church," and in particular of carrying out the policy of "fair game." 30a The writings of Mr. Hubbard included statements about disposing of as many as 2 1/2 percent of the population of Earth "without sorrow." (Some 150 million people.) 31. Abelson, Moxon and Rosen have engaged in extensive defamation of Mr. Henson's attorney, Graham Berry, who has had to withdraw from this case due to harassment by the "Church" of Scientology, as stated in Berry's declaration of November 27, 2000. This includes defamatory material circulated on the stationery of Abelson to Berry's parents, neighbors of a friend, friends, acquaintances and neighbors in the United States and New Zealand. 32. Both Abelson and Rosen have engaged in intimidation of Mr. Berry including, but not limited to, physical threat. 32a. Rosen has lied on record, stating to Henson's wife at her latest deposition on October 23, 2000 that former Religious Technology Center (RTC) head Warren McShane, sitting next to Rosen, was not laughing, when all present could see that he was. 33. Abelson engaged in intimidation of Mr. Henson immediately outside the courtroom in this case on October 27, 2000, in front of his wife and other witnesses. 34. Eliot Richardson and Frank Petty are either volunteers or in the pay of the "Church" of Scientology or one of its many corporate entities. 35. Richardson and Petty have both claimed to be private detectives, and Mr. Petty has allowed neighbors of one object of surveillance to think he was employed by the FBI. 36. Richardson and Petty have engaged in extensive surveillance of Henson, Berry, Henson's wife, other picketers, and community members in Hemet, including sitting in cars outside the residence of one 77-year-old grandmother who hosted Henson and his wife. 37. Petty threatened to run Henson down with his car in September 2000, as recorded on videotape and sworn to in declarations by two witnesses. Henson made a report of this to Hemet police who told him he was not scared enough for the threat of being run over to be a crime. 39. Richardson and Petty followed Henson, his wife and daughter to the University of Redlands attended by his daughter, where Richardson and Petty were detained by the school's security force, and local police were called. Richardson and Petty were henceforth barred from setting foot on that campus. 40. Rosen sat by without aiding Henson or reporting the attack during a physical attack on Henson by Helena Kobrin and Alan Cartwright, two operatives of the Office of Special Affairs, during a deposition in San Jose. This also resulted in a police report. 41. Richardson and Petty followed Keith for at least ten days as he picketed alone on Gilman Springs Road, threatening him and his family and making defamatory remarks. The first day they chased him onto the highway and then called the Highway Patrol to report him jaywalking. 42. Richardson took extensive photographs of Henson's wife while hiding behind a guard shack during her picketing at Golden Era. Richardson and others have extensively photographed and videotaped picketers and anyone who stops along Gilman Springs Road near their paramilitary complex there. Anybody who stops is subject to harassment by Richardson, Petty and/or scientologists or their hirelings. 43. Investigators hired by Scientology or members or hirelings of them are still engaged in surveillance of the neighborhood of Sierra Dawn in Hemet. Having been asked to stop parking all night in front of residents' homes, they are limited to driving by once an hour, which they often do. 44. Henson is acquainted with at least 20 ex-members of Scientology, some of whom he encouraged to leave. 45. It has been estimated by an ex-Scientologist that each member of the Scientology is worth $80,000 per year to Scientology in fees exacted by the "Church." I cannot afford to pay Mr. Harr to spend a lot of time making no progress in dealing with Mr. Schwarz (who seems to lack authority). I believe an evidence hearing is the only way to deal with the intractable differences. Respectfully submitted, H. Keith Henson cc DDA Schwarz PS this is the letter which caused Scientology to sue me for willful copyright infringement in case # C-96-20271 in the United States District Court for the Northern District of California, Religious Technology Center v. Henson. The original letter included the entire quote of NOTs 34 (cut here to a few lines) March 26, 1996 Ronald M. Whyte, Federal Judge Northern District of California San Jose, CA Open Letter to Judge Whyte Dear Judge Whyte: In the company of perhaps 100,000 other people (the readers of the Usenet newsgroups alt.religion.scientology, alt.activism, alt.2600, comp.org.eff.talk, and misc.legal), I read the TRO against Mr. Grady Ward and "all persons in active concert." Was it your intent for this order to apply to random persons on the Internet such as myself? If so, I believe the TRO is a violation of my First Amendment rights to discuss the criminal activities of the cult of Scientology. Upon reading the TRO you approved, I sorted the list of documents attached and ran a text search on the news spool on one of my accounts to see if any of these documents were there. Some were-- though it is impossible to tell if they are the real thing or not. I pulled out the first one which came up. I had not been inclined to look at this material before (it's *boring*), but your TRO inspired me. Assuming this is real, I can see why the "Church" of Scientology is trying to suppress this material. If carried out, the instructions in this particular bulletin amount to *criminal* acts, to wit, the practice of medicine without a license. I reproduce this widely available document in its entirety for your edification. > HUBBARD COMMUNICATIONS OFFICE > Saint Hill Manor, East Grinstead, Sussex > > HCO BULLETIN OF 14 NOVEMBER 1978 > [snip for a.r.s bandwidth] > >Step Four -- Cures for Illness > > You will now find BTs and clusters being cures for illnesses of >the body part. Handle all such BTs and clusters by blowing them off. >"Cures for Illness" will then cease to read. > [snip!] Please note that point 4 states that this process of "blowing BTs" cures illness. The phrases "cease to read" and "no longer read" refer to "auditing" with an E-meter. The "Church" of Scientology is under Court orders stemming from FDA actions in the early 1970s against making such claims involving the use of E-meters. This bulletin (assuming it is real) is written evidence of the level of contempt the "Church" of Scientology has for the Courts. Scientology even has policies on using the court system to abuse critics and former members. Forbidding discussion of this particular document, including quoting it entirely, is clearly against the public interest as well as a violation of my First Amendment rights. Unless, of course, copyright law can be used to prevent disclosure of instructions for criminal activity. With respect to "all persons in active concert," I have certainly been sympathetic to the ideals Mr. Ward espouses, and felt much of the rage he must have felt when (as he puts it) the "criminal cult of Scientology" sent Gene Ingram, a wanted felon, to obtain pictures of Mr. Ward's children from his mother by deceit. For what reason did the "Church" of Scientology need pictures of Mr. Ward's children? Were they planning a kidnapping or was this just a tactic of intimidation? This would certainly be an interesting question for you to skillfully ask of the members of the law firm which paid Mr. Ingram for this particular service. They will be in your court Friday. I know that taking a stand against Scientology is likely to subject me and my family to the same abuse Mr. Ward has experienced. But there comes a point where people of good will *must* stand up to criminals--even to those who are experts in using the courts to harass. If you think I am being too harsh in this matter, I can supply you with nearly unlimited affidavits and court findings which show a consistent pattern of criminal behavior for this cult over decades of time. Friday I will provide to you a letter from Mr. Arnie Lerma to Judge Brinkma about the stunts pulled on Mr. Lerma in a related case. Many of those who read these news groups are outside of the US, and thus not subject to your authority. I, however, am local to San Jose and will be in your court Friday morning. It is my position that the public interest in this matter should override *all commercial* copyright concerns. The entire corpus of material the "Church" of Scientology is trying to keep from public view is so at odds with what cult victims are told when they are suckered into it as to constitute fraud--thinly disguised as "religion." On the other hand, if you feel the TRO *does* preclude quoting examples of the copyrighted, trade secret, criminal instruction manuals of the "Church" of Scientology, please let me know. Sincerely, H. Keith Henson Sent via Deja.com http://www.deja.com/ Before you buy.