From hkhenson@home.com Sat Jul 28 17:19:32 2001 Path: sn-us!sn-xit-03!supernews.com!newsfeed.wirehub.nl!newspeer.monmouth.com!news.lightlink.com!news2.lightlink.com From: hkhenson@home.com (Keith Henson) Newsgroups: alt.religion.scientology Subject: Re: Henson on Berry communications. Date: Sat, 28 Jul 2001 21:19:32 GMT Organization: Temple of At'L'An Lines: 382 Message-ID: <3b672be1.154575355@news2.lightlink.com> References: <3b640db1.146846008@news2.lightlink.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: 28 Jul 2001 17:16:50 -0400, 24.141.40.229 Xref: sn-us alt.religion.scientology:954141 On Sat, 28 Jul 2001 19:12:24 GMT, hkhenson@home.com (Keith Henson) wrote: >Anyway, if you have a persuasive argument against these letters and >demands being made public, please let me know. I promise I will >consider your arguments, but it is unlikely they will change my view >of the need to make them public. Graham's paragraphs are too long. Keith Henson *************************** GRAHAM E. BERRY 3384 McLaughlin Avenue Los Angeles, CA 90066 Phone/Fax: (310) 393-2835 (Call First for Fax) grahameb@aol.com July 27, 2001 By Fax: (213) 487-5385 Ava Paquette, Esq. Moxon & Kobrin 3055 Wilshire Boulevard Suite 900 Los Angeles, CA 90010 Re: BARTON v. BERRY, USBC, CDCA, Case Number LA 99-32264 ER JEAVONS v. CSI, LASC Case Number BC 20763. Dear Ms.Paquette: While on the subject of subpoenas, I recall that you served one of your countless subpoenas upon me just last week summoning me to yet another judgment creditor ("intelligence or intel op") exam. So far, since May 1998, you have taken 14 days of deposition of me in Berry v. Cipriano, Barton, Miscavige [Abelson, Moxon & Ingram], 4 days of deposition [Rule 2004] in In re Graham Berry Bankruptcy, 1 day in Hurtado v. Berry, two hours in February of this year in Jeavons v. Church of Scientology International. That is 19 days of deposition in the last 26 months! And now yet another deposition on August 8, 2001, in Jeavons v. Scientology. Anyone other than Judge Williams (and the State Bar of California) might find that somewhat harrassive! Your pursuit of me in the Bankruptcy Court is certainly not about money. You spent close to one million dollars using private investigators to deliver the perjured and extorted First Cipriano Declaration all over the world, to almost everyone who had ever touched my life (and who had not, but who might have) professionally, socially or personally - making it impossible for me to engage even in charitable work anymore. Additionally, it has made it impossible for those engaged in charitable work to use my expertise for fear of your firm and its "client" unleashing Ingram, et. al., and your First Cipriano Declaration on their donor and volunteer base. As I have testified, it was a significant factor in my resignation as an equity partner in two major law firms and going from $160,000 per annum (probably $350,000 p.a. by now) to general relief and public assistance. You are still responsible for the continuing, constant worldwide publication of the First Cipriano Declaration making it impossible for me to work ever again, because of the perjuriously obtained allegations of pederasty, used in the obstruction of justice, and forever damning me, however unfounded they were and are. Nevertheless, you achieved the objectives (end product) of your clients' "Fair Game policies and practices" employed "to utterly destroy [me] by what ever means possible." Of course, as you also erroneously believe, "the object of the lawsuit is not to win but to harass and enough harassment of someone on the thin edge is usually sufficient to cause his demise." An interesting, if equally false corollary is your assertion that, "If you leave us alone we will leave you alone, it is as simple as that." It is just as well that you practice before the California State Bar. Any other Bar's regulators would find those beliefs to clash with the professional obligations and oaths of a lawyer. And while on that subject, you are also engaged in clearing the planet, bringing in ethics and eliminating crime. In plain English, you are engaged in clearing the planet of everything but scientology, ensuring the planet is ruled by scientology ethics [which suppresses all dissent for the good of the organization] and eliminating all of those who you perceive as criminals because they impede your takeover of the world. In fact, on the basis of the current six billion world population, Hubbard decrees the forcible internment and elimination of over sixty million people, as quietly and as effectively as possible. Those are all his words, not mine, as well you know! Again, it is just as well you are practicing in California because other Bar regulators might find Business & Professions Code Section 6064.1 to apply here. Another State's Bar regulators would be offended that Moxon, et. al., used runners and cappers (including Ingram) to solicit clients (at least the Bowles & Moxon Plan 100, Jason Scott, Robert Cipriano, Anthony Apodaca and Michael Hurtado), funded law suits for those persons where they were counsel (the most material witnesses and to be added parties), and moved the case before judges they had in their pockets. For an example of this there is, Judge Williams whose fiancée is/was employed by the same organization as you, who refused to recuse himself; who found the Cipriano confession "irrelevant"; who refused to hear from Cipriano in opposition to his own lawyers' vexatious litigant petition being led by the Chairman of the LAPD Commission who was brought into the case solely for that motion which was granted, "not because of what I did, but the way I did it." An error of law if ever there was one! Then his curious statement.I am in my final term.I do not have to face the voters again. I am like a Federal judge sitting in State Court [or was it kangaroo court?]. Moreover, as you are no doubt fully aware, vexatious litigants have few civil rights or rights before the courts, even on appeal. Probably the reason you manipulated the dismissals, as we will also prove to the State Bar and other federal courts during the coming months! Then you engineered the dismissal of Pattinson by persuading Judge Snyder that it was sanction able for Mr.Pattinson to allege that you were engaged [concurrently as we now know] on behalf of the Church of Scientology. Yes, as I submitted in vain to Judge Williams, we have fallen through the looking glass and every thing is upside down. At the same time as seeking sanctions before for alleging you were engaged in criminal conduct on behalf of the church, your law firm and other Wager and Ingram solicited perjury from Hurtado, and with Abelson, filed false proceedings against me in Federal Court, State Court, the State Bar, the Sheriff's Department and submitted what is therefore a criminal bankruptcy claim, and a fraudulent-criminal insurance settlement demand for $750,000. Beyond all of this outrageous conduct, you are then upset because I have a policyholder's consent to settlement provision in my malpractice policy, which Moxon had never heard of before! Of course, anyone other than a Church of Scientology lawyer would be disbarred for this conduct alone. In fact, just one of the acts of solicitation without all of the extortion, bribery, paid perjury; obstruction of justice and the like would be enough for in disbarrment under normal circumstances! Your continued refusal, after two years, to return Mr. Cipriano's files to him would upset the regulators of most State Bar's outside the State of California. You have also spent hundreds of thousands of dollars in continued harassment of me in the bankruptcy court and through the filing of fraudulent claims and proceedings there.Consequently, you prevent me from earning income by tying me down, "overwhelming" me as your policy states, and seek to "destroy" me as your policy also states. Indeed, expert evidence at the State Bar trial, and in the ultimate malicious prosecution case that will be filed, will include testimony that your organization not only sought to destroy and bankrupt me, but also sought to drive me insane and to suicide (if you didn't first "destroy" me). This is a variant of what Hubbard has described as "Black Dianetics" and which I would have proven that the Church used against Steven Fishman. However, you dismissed that case one month before trial and after nearly two million dollars in defense costs had been incurred. Indeed, you very nearly succeeded in deliberately driving me into the gutter and the grave. However, I am now on general relief (public assistance). Again, it is just as well the Moxon & Kobrin and their band of lawyers are practicing in California because most other State bar's regulators would have found numerous serious felonies, misdemeanors and ethical violations here. Prison and permanent disbarment would have been inevitable. However, not before the State Bar of California, which so far has twice this year written that they have investigated Moxon & Kobrin and found that they have done nothing wrong. Why should I be surprised by any of this? After all, for years, your shills have claimed to have operatives within the State Bar. In fact, most State Bar regulators would consider it unusual for a California lawyer to have been an unindicted co-conspirator in the largest ever infiltration and massive burglary of the United States government. Your co-counsel in much of the litigation involving this illegal and unethical activity, Eric Leiberman, recently wrote: "Like Lazarus, Berry has risen from the dead." I found that comment to Judge Snyder very telling of what you thought that you had accomplished against me. Now I am going to want the deposition of all three of you before the State Bar in both deposition and at trial. Please enquire of Mr.Moxon and Ms.Kobrin as to convenient dates for all three of you after the production of your documents is completed in August. I would also like early dates for the depositions of Eugene Ingram and underlying litigation defendant's Miscavige, Rinder, CSI and CST.I trust that motions to compel will not be required. Turning back to the invalid Barton judgment and lien, you also had a conflict between your representation of Barton and CSI. Similarly, had/have non-waivable conflicts of interest, at least, with so many others including Jason Scott, Robert Cipriano and ghost wrote for convicted defendant murderer Bernard Le Geros. The same non- waivable conflicts existed with Glenn Barton, Isadore Chait, Donna Casselman, and others along with Michael Hurtado and others in that case. As to Jason Scott, this was well explained to the Ninth Circuit in the Scott case and to the Bankruptcy Court in Illinois). However, like you, Barton also works for Church of Scientology International and, if he objects, he can be punished by confinement in the Church's Rehabilitation Project Force ("RPF") in the high dessert. As you know, many former high-ranking scientologists have compared the RPF to a Soviet gulag or Nazi concentration camp. Even Moxon's own daughter, died under mysterious and highly questionable circumstances at Gold Base. Having used non-waivable conflicts, to say the very least of the mountain of misconduct herein, and through the frauds and misrepresentations that your demonstrable RICO conspiracy have perpetrated upon the courts, you now have a [voidable], $28,000 judgment for fellow OSA staffer, "Reverend" Barton. You filed a judgment lien against my condo. You have refused to lift it and you have refused to participate in any [short] sale and creditor's comprise (and partial payment), because you "have better security with the lien." If Rev. Glenn Barton were an honest creditor he would have leaped at the opportunity to release the lien in exchange for partial payment (even without a release of the balance). My condo will go through a foreclosure sale on August 8, 2001, unless I can negotiate a private sale before then and pay the first trust deed holder off. In light of the time factor that is now unlikely.Mr.Barton's interests have been subordinated to those of your other concurrent clients in the same matter, the church of Scientology, Mr.Moxon himself, Michel Reveillere and Isadore Chait. I shall explain since you seem unable, or unwilling, to recognize the conflicts and resulting acts of malpractice and damage yourself. My First Trust Deed holder is owed approximately $295,600.00. The property is now believed to be worth approximately $400,000.00. The First Trust Deed holder will get its $296,000.00 whatever happens between now and the year 2010. The rest of the lien holders will probably get zero on their liens-including Rev. Glen Barton. Next paid, in whole or part, will be the Second Trust Deed of approximately $22,000.00. The IRS and State Franchise Tax Board are owed about $80,000.00. Barton is purportedly owed $28,000.00 and the Homeowners Association is owed $6,000.00. Thus, because you refused to lift the Barton lien because of the Church's conflicting Fair Game agenda, all except the First Trust Deed holder lose an opportunity to get at least some money on the doller. Late last year I opened escrow for a sale at $367,500.00. After sale costs, approx. $50,000.00 that would have then remained for a partial payment as could have been negotiated with all of the various lien holders. The Second Trust Deed holder and the HOA are always willing to take an immediate bird in the hand. Indications were that the IRS may have compromised for as little as $10,000.00. Rev. Barton could have demanded and received as much as $15,000.00, but that is not what your other clients' Fair Game practices are all about. Anyone other than the Rev. Barton might well have sued you for malpractice. Indeed, he will be able to sue you for a long while because of the tolling provisions of CCP § 340.6 (a) (3) (4). I have always stood to gain nothing under any possible condominium sale scenario except for timely recognition and settlement by you of the damage intentionally, recklessly and negligently done to me. Because it would have taken at least 6-8 weeks to contest your refusal to lift the Barton lien, the property fell out of escrow and my leinholders, including one of your clients, Mr. Barton, lost an opportunity for partial satisfaction. Last week, when you again told me that Rev. Barton's interests were better protected by continuing the lien, you again either intentionally or negligently acted below the applicable standard of care. Or does that not apply to a lawyer who represents a whole group of scientologists who cannot later sue either the other co-parties or their joint attorney without being "declared" a "suppressive person" and subjected to the personal, professional and social destruction of the cult's fair game policies and practices? You now demand that on August 8,2001, the day before my property is foreclosed upon by the bank, I bring "any and all documents pertaining to, reflecting or regarding [my real property] located at 1228 11th Street, #202, Santa Monica, CA 90401, including, but not limited to, documents reflecting any transfers of title, grant deeds, sales of the real property referred to herein." Why are you concerned? You will not recover in the foreclosure although you could have. You seized my old Jeep after telling the Court that blue book value was approximately $8,300.00, instead of the actual value of approximately $1,800. I have still received neither accounting of what the vehicle sold for nor any notice of my exempt interest in the proceeds of sale. I am owed $28,000 by Lumin-oZ, LLP. The Department of Labor says that it is too complex for them to proceed with collection of these unpaid wages and that I must file suit myself. However, I cannot file suit because you have had me declared a vexatious litigant. If you were seriously pursuing recovery for your multiple clients, instead of pursuing harassment for your client-employer, you would have also pursued recovery of this asset. But then you would not have the $3,500.00 Jeavons costs award to use for regular depositions and "intelligence" gathering would you? Rather curiously, and relatively recently, an Evan Spiegel, Esq., moved into the condo building in which I am about to lose my own condominium in foreclosure. It turns out that he works for Lavely & Singer which represents John Travolta who Moxon implied provided the $20,000.00 to expunge Cipriano's felony conviction in New Jersey. Just as curiously he recently told my Home Owners Association that he had been meeting with the Church of Scientology's lawyers and that unless they sued me he would sue them. Such blatant extortion by a lawyer reduced several of the women members of the Association to tears. There seems to be an irony in spending hundreds of thousands of dollars in bankruptcy litigation, which along with your fraudulently instigated State Bar complaint against me, keeps me busy virtually ten hours a day, six days a week. Consequently, I could not work even if you and your client/employer/co-conspirators had not defamed me out of any business, charitable or social engagements for the rest of my life. All of your "lawful investigations" accompanied by questions as to recipients knowledge of the [falsely and self obtained] allegations in the First Cipriano Declaration, mandates that even for those with whom the scientology enterprise eventually settles! The cult never ever leaves them alone either. What we have here is a full employment program for Eugene Ingram, other private investigators and scientology OSA, it's DSA's, OT VII committees and other shills. Your puppets over at the State Bar add to the irony by seeking to disbar me for not paying the fraudulently instigated and litigated costs and sanctions awards at a time when your other puppets, Gerner and Wager [a self-confessed criminal participant in this conspiracy which I am now obligated to prove], have forced me from active practice by pursuing a legally and factually baseless prosecution which itself becomes part of the underlying criminal and fraudulent conspiracy that demonstrably commenced on May 4,1994 with Eugene Ingram's visit to Robert Cipriano. This criminal conspiracy continues, to this very day, either in connection with me or with my former clients who include Keith Henson and Michael Pattinson. All of these materials are already with the State Bar in connection with your own (and those instigated by you) bar complaints, which although dismissed were no less knowingly baseless than the current complaint and which were clearly a demonstrable fraud upon the State Bar by members thereof. Of course the State Bar would not agree with me would they? I believe that the evidence shows, inter alia, the most blatant and serious imaginable violations of the following Rules of Professional Conduct: 1-120; 1-400 (C), (D) (1) & (2), (3), (4), (5); 2 - 100 (A); 3-110 (A); 3-200 (A) and (B); 3-210, 3-300, 3- 310 (B), (1), (2), (3), (4), (C) (1), (2), (3), (E), (F) (1), (2), (3); 3-400 (B); 3-500; 3-600 (A), (B), (C), (D), (E), 3-700 (B) (1), (2); 4-100 (B) (4); Rule 4-210 (A); 5-100 (A); 5-200 (A), (B), (C) and (E), 5-210, 5 -220, 5 - 310. However, and only as to my own knowledge, the State Bar has written that it has fully investigated these matters and found no misconduct on the part of the Moxon & Kobrin law firm. Of course, to those familiar with how the scientology enterprise manipulates the legal system this comes as no surprise. Again, it is as well you do not practice law beyond California. Other state's bar regulators would have been outraged by a mere fraction of the evidence I have so far provided the State Bar of California. But then another state's bar regulators might not have told the State Bar Court that the underlying materials were too voluminous to have reviewed, Amazingly, our State Bar's Counsel told the State Bar Court this after sitting with me during my own review of some the Gerner-Wager natter, as well as your own, while she read a novel on the State Bar's time! No, I cannot settle with the State Bar short of vindication. I cannot settle with your organization. It is destroying, intimidating and violating the civil, human, religious and political rights of to many people. Moreover, the Canadian courts awarded $4 million to lawyer Casey Hill for a fraction of this misconduct herein discussed. Similarly, the trial juries in the Christofferson and Wollersheim cases both rendered damage awards of $30 million for far less egregious conduct there. Finally, the Ninth Circuit upheld sanctions of nearly $500,000.00 against, inter alia, Moxon & Kobrin. None of this has effectively punished or deterred this tax-exempt organization. You pleaded with Judge Snyder that I had to be stopped and only sanctions would stop me. For my part, I believe that this on-going obstruction and abuse of process, abuse of human rights, abuse of civil rights, the on-going abuse of woman and children must be stopped. Numerous witnesses testify that as Sea Organization staffers they were ordered to have church required and arranged abortions because children and "family time" interfere with production [of money]. Consequently, I seek vindication, compensation and justice for not only myself, but also for all innocent people harmed by your organization. A settlement cannot achieve that! Moreover, the Pattinson v. Miscavige case was voluntarily dismissed without prejudice because you refused to conduct a settlement conference unless I did so. I acted in good faith. You hired Police Commission Chaleff and filed a successful petition to have me declared a vexatious litigant. You had a judge who would shamelessly perpetrate such a travesty. Accordingly, I see no point in any settlement discussion with the scientology enterprise either and you may convey this letter to the Barton v. Berry mediator. You may treat this letter as my "meet and confer" in connection with motions for protective orders before both the Los Angeles Superior Court and the Federal Bankruptcy Court. Very truly yours, Graham E. Berry From hkhenson@home.com Sat Jul 28 17:27:55 2001 Path: sn-us!sn-xit-01!supernews.com!newsfeed.stanford.edu!news-spur1.maxwell.syr.edu!news.maxwell.syr.edu!newspeer.monmouth.com!news.lightlink.com!news2.lightlink.com From: hkhenson@home.com (Keith Henson) Newsgroups: alt.religion.scientology Subject: Re: Henson on Berry communications. Date: Sat, 28 Jul 2001 21:27:55 GMT Organization: Temple of At'L'An Lines: 126 Message-ID: <3b682d32.154912484@news2.lightlink.com> References: <3b640db1.146846008@news2.lightlink.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: 28 Jul 2001 17:25:14 -0400, 24.141.40.229 Xref: sn-us alt.religion.scientology:954152 On Sat, 28 Jul 2001 19:12:24 GMT, hkhenson@home.com (Keith Henson) wrote: GRAHAM E. BERRY (SBN 128503) ATTACHMENT "A" TO SUBPOENA 3384 McLaughlin Avenue Los Angeles, CA 90066 Telephone: (310) 745-3771 Facsimile: (310) 745-3772 Email: grahameb@aol.com Respondent Pro Per THE STATE BAR COURT OF THE STATE OF CALIFORNIA HEARING DEPARTMENT - LOS ANGELES In the Matter ofGRAHAM EDWARD BERRYNo.128503A Member of the State Bar ))))))))))))))))) Case No.: 99-0-12791ATTACHMENT A TO SUBPOENA DUCES TECUM ISSUED BY PARTY- RESPONDENT GRAHAM E. BERRY AND BEING HIS FIRST DEMAND TO PRODUCE DOCUMENTS, RECORDS, BOOKS OR THINGS DIRECTED AT THE CUSTODIAN (S) OF DOCUMENTS OF DONALD R. WAGER AND THE LAW OFFICES OF DONALD R. WAGER (Numbered 1- 7) RESPONDENT, GRAHAM EDWARD BERRY ("Berry"), hereby propounds his Demand to Produce Documents, Records, Books or Things, Set No. One, to the Custodian (s) of Documents of Donald R. Wager and the Law Offices of Donald R. Wager ("You" as defined hereunder). This Request for Documents, Records, Books or Things is propounded, inter alia, pursuant to C.C.P. §§ 94, 1011(a) - 1013 (a), 1987.3, 2016 to 2031 (specifically § 2020 (d)), Cal. Evidence Code § 1560 (e) and Rules 151 to 187 of the Rules of Procedure of the State Bar of California. Inspection and copying of the documents, records, books and things produced in response to this request shall take place on August 15, 2001, at 10:00 a.m. at the offices of Donald R. Wager, 10100 Santa Monica Boulevard, 8th Floor, Los Angeles, CA 90067, or as may be noticed by amended notice and/or a letter agreement signed by both the propounding and responding party (s); e.g. to adopt the provisions of C.C.P. 2020 (d) (4). (mass snip boilerplate) REQUEST FOR PRODUCTION OF DOCUMENTS 1.All documents and communications relating to or referring to Michael Hurtado, including but not limited to those that refer or relate to, or concern in any way Graham Berry, Jenny Berosteguy, Eloisa Gonzales, Miguel Hurtado, Ana Marina Hurtado, Jason Whitman, LA Youth Center, Anthony Apodaca, Detective Petz, Deputy D.A. Paul Turley, Deputy D.A. Norm Wakener, Erla Hawkins, Mariah Rivera, DA Investigator Kevin Freeth, Wesley Berosteguy, Antoine Hage, MD, Robert Cipriano, the Church of Scientology, Eliot Abelson, Kendrick Moxon, Helena Kobrin, Ava Paquette, Samuel Rosen, Barbara Reeves, Michael Terrill, Bradley Pauley, Gerald Chaleff, Thomas Byrnes, Donald Wager, Michael Gerner, Eugene Ingram , and the various criminal prosecutions and civil lawsuits involving Michael Hurtado. 2.All documents and communications that refer or relate to payments made to or for any and all persons, received from any and all persons and entities, including but not limited to lawyers, businesses, private investigators, investigators, surveillance personnel and surveillance, in connection with or relating to Michael Hurtado, the representation of Michael Hurtado, Miguel Hurtado, Anthony Apodaca (and all jail receipts and other documents relating thereto), and Graham Berry. 3. All documents and communications that refer or relate to the Church of Scientology International, Moxon, Bowles, Farny and Ingram "investigation" of Graham Berry that commenced in late 1993 and early 1994 including but not limited to all photographs, phone tap logs, audio and video recording machines or devices, and all other related documents, books, records and things. 4. All documents and communications that refer or relate to communications with any international, national, federal, state or local government entity, supervisory and /or professional organization (including national security [e.g. the German government Office (s) for the Protection of the Constitution], security, law enforcement entities and their representatives) bar associations and law societies, professional organizations, media, entity or person (s) relating to Graham Berry . 5. All documents and communications, including but not limited all transcripts (deposition, hearing and other), that refer or relate to any of the allegations, contentions, defenses and/or causes of action set forth in any of the original or amended complaints, responsive pleadings, discovery requests, discovery responses, motions, dismissals, appeals, submissions to the Court (s) or Special Master/Referee in the consolidated cases principally captioned Berry v. Cipriano, Barton and Miscavige [LASC Case Nos. BC 184 355, BC 186 168,BC 196 402, USDC CD CA Case No. 98, CV 8097 AHM] and Berry v. Rosen [LASC Case No. BS 051330]. 6.All documents and communications that refer or relate to Hurtado v. Berry, LASC Case No. 208 227 and USBC CD CA Case No. LA 99-32264 ER/Adv. No. AD 99-02559 ER. 6.All documents and communications that refer or relate to In re Graham E. Berry, USBC CD CA Case No. LA-99-32264 ER and all adversary, motion and collection proceedings filed in connection therewith including, whether in the federal or state courts, including but not limited to Moxon v. Berry [LA 99-32264/Adv. 99- 02615 ER], CSI [Jeavons v. CSI], Barton v. Berry [Adv. 00-2817-ER], Benkozcy v. Berry [USDC LA 99-32264 ER and LASC Case no.99- AO1528], and all purported creditors including but not limited to CSI, Michel Reveillere and Isadore Chait. DATED: July 26 2001 Respectfully Submitted, Graham E. Berry From hkhenson@home.com Sat Jul 28 17:41:24 2001 From: hkhenson@home.com (Keith Henson) Newsgroups: alt.religion.scientology Subject: Re: Henson on Berry communications. Date: Sat, 28 Jul 2001 21:41:24 GMT Organization: Temple of At'L'An Lines: 487 Message-ID: <3b692ed0.155325752@news2.lightlink.com> References: <3b640db1.146846008@news2.lightlink.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: 28 Jul 2001 17:38:42 -0400, 24.141.40.229 Path: sn-us!sn-xit-02!supernews.com!newsfeed.direct.ca!look.ca!feeder.qis.net!nntp1.roc.gblx.net!nntp.gblx.net!nntp.gblx.net!vienna7.his.com!news.lightlink.com!news2.lightlink.com Xref: sn-us alt.religion.scientology:954155 On Sat, 28 Jul 2001 19:12:24 GMT, hkhenson@home.com (Keith Henson) wrote: I am not sure I expect anyone to read this through, it read more like a phone book than anything else. If you know the players, it makes more sense. But it is important for it to be on google groups and indexed. Of course, if they did respond to this thing, the firm of Moxon and Kobrin, not to mention corporate scientology, would be our of business and lots of people in jail. Keith Henson ************* THE STATE BAR COURT OF THE STATE OF CALIFORNIA HEARING DEPARTMENT - LOS ANGELES In the Matter ofGRAHAM EDWARD BERRYNo.128503A Member of the State Bar ))))))))))))))))) Case No.: 99-0-12791ATTACHMENT A TO SUBPOENA DUCES TECUM ISSUES BY PARTY- RESPONDENT GRAHAM E.BERRY AND BEING HIS FIRST DEMAND TO PRODUCE DOCUMENTS, RECORDS, BOOKS OR THINGS DIRECTED AT THE CUSTODIAN (s) OF DOCUMENTS OF MOXON & KOBRIN, et al. (Numbered 1- -). RESPONDENT, GRAHAM EDWARD BERRY ("Berry"), hereby propounds his Demand to Produce Documents, Records, Books or Things, Set No. One, to the Custodian (s) of Documents of Moxon & Kobrin, Kendrick Moxon, Helena Kobrin and Ava Paquette ("You" as defined hereunder). This Request for Documents, Records, Books or Things is propounded, inter alia, pursuant to C.C.P. §§ 94, 1011(a) - 1013 (a), 1987.3, 2016 to 2031 (specifically § 2020 (d)), Cal. Evidence Code § 1560 (e) and Rules 151 to 187 of the Rules of Procedure of the State Bar of California. Inspection and copying of the documents, records, books and things produced in response to this request shall take place on August 14, 2001 at 10:00 a.m. at the offices of Moxon & Kobrin, 3055 Wilshire Boulevard, Suite 900, Los Angeles, CA 90010, or as may be noticed by amended notice and/or a letter agreement signed by both the propounding and responding party (s); e.g. to adopt the provisions of C.C.P. 2020 (d) (4). snip boilerplate REQUEST FOR PRODUCTION OF DOCUMENTS 1. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to the [job description] Full A-I hat write-up for your [job] post and posts including but not limited to your post, per HCO PL 22 September 1970, Personnel Series 9, Org Series 4, An Urgent Important and Starrate PL, HATS. Per this policy, this will include the purpose of your post, its relative position on the org board, your hat write-up, your hat checksheet and pack, a copy of the org board of the portion of the org to which your post belongs, a flow chart showing what particles are received by your post and what changes your post is expected to make in them and to where your post routes them, your terminal (s), the product of your post, and the statistic of your post (and all statistics counted for your post) as well as the statistic of the section, department and division to which your post belongs, success stories written after completing (comp'ing) your hat and any cramming orders related to your hat [job]. 2. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to Moxon & Kobrin's relationship to all or any of the corporations and churches of Scientology including but not limited to the org board and/or command chart (s) that show your relationship (s) to the Church of Scientology, OSA Int, OSA US, CST, RTC, CSI, "Flag", ASI, CMO Int. and the Watch Dog Committee. 3. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to your commitment first, foremost and above all else and all other oaths of allegiance, loyalty and/or duty to serve the Church of Scientology and the policies and goals of L.Ron Hubbard as set forth in his writings (for example only, HCO Bulletins and Policy Letters) including but not limited to your billion year contract, your duty and commitment to the policies and goals of L.Ron Hubbard, the Church of Scientology, a clear planet, a world without war, crime and insanity and a planet where scientology has got ethics in including but not limited to Scientology's War on Psychiatry . 4. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology],whether or not initiated from, by or involving the Church of Scientology, that refer or relate to commendations or awards you have received in connection with your [job] post (s). 5. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to bonuses you have received as a result of any [good result] "up" statistics, as well as any other forms of monetary compensation over and above standard pay that resulted as a reward for doing your job. 6. All documents and communications which refer or relate to and/or comprise LRH Policies, Flag Orders (FOs), Central Bureaux Orders (CBOs), Scientology Policy Directives (SPDs), Executive Directives (Eds), CLOs, LRH advices and orders, Guardian Orders, OSA Orders, orders (directly or via command lines) from Captain David Miscavige, Norman Starkey, Marty Rathbun, Michael Rinder, Kurt Weiland, Heber Jentzsch or any CST, RTC or OSA seniors or members, and any other publications or issues that define and/or discuss the duties, responsibilities and/or functions of Moxon & Kobrin and/or your duties, responsibilities and/or functions. 7. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to the command chart (s) on which the Church of Scientology, CST, the Sea Org, Sea Org Reserves, Ltd., CMO Int., CMO, RTC, BMS, CSI, CSI OSA, the OSA Legal Unit, Moxon & Kobrin, you and/or the Watch Dog Committee are identified. 8. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to Evals, Strategic Plans, Tactical Plans, programs and projects on which you and/or the attorney unit are named or have targets. 9. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to Keith Henson and Riverside District Attorney Grover Trask, Deputy DA Robert Schwarz, Alan C. Oberstein, Gerald Feffer, Samuel D.Rosen, Alternative Resolution Centers and James Harr. 10. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to Moxon's application and documents in support of his request for admission to the California State Bar. 11. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to those two draft declarations, relating to Graham Berry, and presented for execution to Robert Vaughan Young and Stacy Brooks Young in or about July 8-16,1994.) 12. All documents and communications, including but not limited to those that refer or relate to, or concern in any way, Graham Berry and Associates including but not limited to those relating to or mentioning Berry; Lewis, D'Amato, Brisbois & Bisgaard LLP; Musick, Peeler & Garret LLP; Law Offices of Graham E. Berry; Berry, Lewis, Scali & Stojkovic. 13. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to: the CAN Reform Group [and/or any participant in its activities, ops, projects, targets, publications, funding, operations and meetings]; CAN; The 'Bowles & Moxon Plan 100' [to destroy CAN]; Mary Sue Hubbard; Captain David Miscavige; Mark (Marty) Rathbun, Michael (Mike) Rinder; Michael Sutter; Heber Jentzch ; Kurt Weiland; Ken Hoden; Muriel Dufresne; Greg Ryerson; Lisa Goodman; Alan Cartwright; Ken Long; Ed Parkin; Lynn Shipe aka Lyn Shape; Lynn Farny; Michel Revelliere; Aaron Mason; Howie Gutfeld; Ingram Investigations, Eugene Ingram, Joanne Weaton or Wheaton; Russell Andrews, Donald Cooper, Tri State Investigations; Barry Silver, Talon Executive Services; Hank Batterton;Tom Blane; John J.Gaw; Edwin Richardson; Lawrence Heller; Sherman Lenske; Lenske & Lenske; Michael Gerner; Gerner, Donald Wager; Thomas Byrnes, Thomas C. Spring, Gerald A. Feffer; Monique Yingling; Eric Lieberman; John J. Quinn; Samuel Rosen, Barbara Reeves, Michael Terrill, Bradley Pauley; Elliot Abelson; Gerald Chaleff; Gary Soter; David Chodos; William Drescher; of William ; Kendrick Moxon; Helena Kobrin; Sarira Alexander; Laurie Bartilson; Timothy Bowles; Earle Cooley; Bert Fields; Lavelly & Singer; Evan Spiegel; Michael Stoller; Marcello D'Mauro; Jerry Bregman; Lloyd Levinson; Lyman Spurlock, Barry Waterman, Robert Cipriano, Glenn Barton, Donna Casselman, Isadore ("Izzy Chait"), Nancy O'Meara, W. Russell Shaw, Bernard Le Geros, Andrew Crispo, Dennis Cantwell, Wilbur ("Bill Long"), Dr. Mathilde Krim, Danny Fumagali, Laura Terrapin aka Jolie Steckart, Donna Casselman, Robert Lippman, Thomas Gerard Rummelhart,Linda Woolard, Nigel Hunter, Michael ("Mike") Ferris, Phoenix Investigations, Scott Mayer, Jeffrey W. Steinbrenner, Assemblyman Steven Baldwin, Richard Mason, Los Angeles Unified School District, General Counsel's Office of The Los Angeles Unified School District, Dale Reynolds, Richard Davis, Mike or Michael Ferris, Bart Verry, Mark Ortega, Guy White, Citizens Commission for Human Rights (CCHR), Sandee Oglivie, Minutes of meetings where Graham Berry and Associates have been discussed including but not limited to Staff meetings, Advisory Council Meetings, Executive Council Meetings, "Battle Plan" meetings and any meetings of the Board of Directors or Corporate Officers, Day of the Child, Children's Charities of America, Icon Entertainment Group, Donald Snodgrass, Leslie McMillan, Joan Varanelli, Ian Westwood Booth, Michael Hamra, Earthlink, Leslie Lamborn, Dawn Rene Oates, Day of the Child World Concert, Jenny Berosteguy, Eloisa Gonzales, Miguel Hurtado, Ana Marina Hurtado, Jason Whitman, LA Youth Center, Anthony Apodaca, Robert (Bob) and Debbie Sweezy, Detective Petz, Deputy D.A. Paul Turley, Deputy D.A. Norm Wakener, Roy Webb, Professional Management Services, International Association of Scientologists, Erla Hawkins, Mariah Rivera, DA Investigator Kevin Freeth, Wesley Berosteguy, Antoine Hage, MD. 14. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to payments made to or for any and all persons, lawyers, businesses, private investigators, investigators, surveillance personnel and surveillance, in connection with or relating to Graham Berry and Associates. 15. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to payments made to or for, services provided to or for, benefits given/provided to and for, and agreements made with or for or relating to: Vicki Azneran; Richard Azneran; Phoenix Investigations; Garry Scarff; Robert Cipriano; Christine M. Gregos; Accurate Book-keeping Company; Anthony Apodaca; Michael Hurtado; Miguel Hurtado; Day of the Child; J. Stephen Lewis; Christian J. Scali; Danny Fumagali; Laura Terrapin aka Jolie Steckart; Scott Mayer; Roy Webb; Professional Management Services; and any other person or entity in connection with or relating to Graham Berry and Associates. 16. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to the Church of Scientology internal guiding policies, advices, special tech and dispatches relating to Graham Berry and Associates. 17. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to communications with all former employers, colleagues, acquaintances of, and/or any other person/entity, and relating in any manner to Graham Berry and Associates including but not limited to: Vicki Azneran, Richard Azneran, Robert Vaughan Young, Stacy Brooks Young aka Stacy Brooks, Andre Tabayoyan, Garry Scarff, Steven Fishman, Robert F. Lewis, Gordon Calhoun, Jana Lubert, Jerome Spiegelman, Spiegelman & Berry, John Blair, Studio 54, James Kershaw, Peter Mills, John Lauricella, Kim Tudor, Berry & Hoffey, Geoff Brodie, Ruth Gordon, any resident (former to 1989 or current) of 1228 11th Street condominiums, Santa Monica ,CA 90401 and any ( former to 1993 or current) resident of any premises within a three block radius of that address and the owners of any cars leafleted thereabouts, Tristan (Robert) McManaman,Ted Kozak, Marsha George, Frank Keegan, Bill Lloyd, Hon. David Caygil, Angie Tunagdon, Sandt Litchfield, Jacques Howlett, Justin Nobriga, Patricia Nell Warren, Tyler St.Mark, Michael Blaha, Robert Schwartz, Vanessa Tamirez, Robert Barron, David France, Joseph Sonnabend, AIDS Medical Foundation, AMFar, Michael Grantham, Wayne Elias, Steve Tyler, Jamie Schloss, David Amkraut, Douglas Hart, Daniel Garcia, John Durkin, Robert (Rob) Sloane, Lynne Atkins, Ronald J. Palmiere, David Hunt, Nicholas Poshkus, Sam Collins, Robert Krissel, Charles Collier-Wright, Jonathan Canno, Troy Glick, Deputy DA Larry Morrison, Matthew Fitzpatrick, Gary Knight, Paul Middlemiss, John Matthews, Richard Burtt, Nancy Zeltzer, James (Jim ) McIntyre, Joe Lynn, Landmark Insurance Company, American Insurance Group ("AIG"),The Mirror Group, The Daily Mirror, Tony Ortega, New Times LA, George Rush, the New York Daily News, The Daily Journal, The American Lawyer, The National Lawyer, The Washington Post, The New York Times, The St.Petersburg Times, The Star Tabloid, A&E, CNN, Sixty Minutes, Esquire magazine, ARD Network, Los Angeles Times, Channel Nine Los Angeles, Channel 4 Los Angeles, Raymond Benkozcy, Monica Smith, Bill Lloyd, D'Amato & Lynch, David Gibson, Mark Trilling, Steven Gaines, Mark Lemmer, Laura Gomez ( Imperial Bank), Imperial Bank, Glendale Federal Bank, California Federal Bank, Fleet Mortgage Company, ARM Financial Corporation, Washington Mutual, Ford Greene, Joseph De Briyn, Michael Andrunas, Geoffrey Brown, Joel Feldman, Jenny Stevens, Bradley Brook, Rodney Nardi, Peter Reichelt, Brenda Barnes, Brian Any employee of the State Bar of California Office of Chief Trial Counsel, Hon. Keith G. Wisot (Ret.), Tom Hefferman, Frank Nowicki, Nancy Thompson, the Inmate Phone Company, Robert Cephail & Associates, Michael Perry, Daniel Lantz, Lumin-oZ, LLC, Lumin-oZ, Inc., Michael Wech, Paul Strabala , Ursula Caberta, Ida Camburn, Thomas ("Tom") Klemesrud, Grady Ward, Lisa McPherson Trust, Jesse Prince, Mark Bunker, Greg Schulman, Models of Pride, Metropolitan Art Storage, Celeste Downey, Patricia McSweeney, Hons. Ronald Swearinger, James Ideman, Ernest Hiroshige, Manuel Real, Alexander Williams, III, Eagleson, Weissbrodt, Ray Hart, David Doi, Dianne Wayne, Stephen M. Lachs, Margaret Morrow, Christina Snyder, Ernest Robles, Arthur S. Weissbrodt, Robert H. Wallerstein and Ronald Whyte. 18. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to sources of funding for OSA ops or your activities, representation and/or cycles of action against or relating to Graham Berry and/or Associates including but not limited to: the International Association of Scientologists ("IAS"); any World Institute of Scientology Enterprises ("WISE") entity or member (including any documents relating to your membership of WISE and IAS); and any Church of Scientology enitity or member (s ). 19. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to the Church of Scientology International, Moxon, Bowles, Farny and Ingram "investigation" of Graham Berry that commenced in late 1993 and early 1994 including but not limited to all photographs, phone tap logs, audio and video recording machines or devices, and all other related documents, books, records and things. 20. All documents [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to communications with any international, national, federal, state or local government entity, supervisory and /or professional organization (including national security [e.g. the German government Office (s) for the Protection of the Constitution], security, law enforcement entities and their representatives) bar associations and law societies, professional organizations, media, entity or person (s) relating to Graham Berry and Associates. 21. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to the legal and beneficial owners and/or ownership of the Church of Spiritual Technology ("CST"), its principals, trustees, directors, officers, premises, staffers, securities, records, property and assets. 22. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to operational documents on the destruction of Graham Berry, Graham Berry and Associates, the Law Offices of Graham E. Berry and Berry, Lewis, Scali & Stojkovic. 23. All documents and communications that refer or relate to the application and processing of Michael Pattinson's application for permanent residency ("green card") status in the United States. 24. All documents and communications that refer or relate to Moxon's role in the immigration and/or entry of the crew of the Scientology ship Apollo into the United States in 1975 and any other immigrant or worker/employee/volunteer into the United States. 25. All documents and communications that refer or relate to Moxon's role as an unindicted co-conspirator in U.S. v. Hubbard. 26. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to Plan (s) for Erlich raid, Lerma raid, Wollersheim raid, FactNet raid, Penny raid. 27. All documents and communications of the Church of Scientology that refer or relate to various Internet nom-de-plumes, including but not limited to nobody @replay.com, nobody@huge.cajones.com, wgert@loop.com, which mention the name Berry or Graham Berry and all internet or newsgroup postings you have made, either under your own name or a nom-de-plume,and/ or in association or supervision of others, and which mention the names Graham and Berry, and/or Cipriano, Hurtado and Apodaca including but not limited to the ARS Bigots Home Page. 28. All documents and of the Church of Scientology that refer or relate to the current location and contact information for Eugene Ingram, Dr.Denk, Heber Jentzch, Pat Broeker, Annie Broeker, former Pinellas County, Fl. Coroner Dr. Joan Wood, Gregory Willardson, Sharon Thomas, Cindy Raymond, Mitchell Hermann, Gerald Bennett Wolfe, Michael Meisner, Brian Andrus, Joe Lisa, Don Alverzo aka Jerry Levin, Bruce Ullman, Herbert Parkhouse, Mary Rezonico, Jimmy Mulligan, Peggy Tyson, Lynn McNeil, Bruce Raymond, Michael Taylor, Michael Baum, Herman Brendel, Charles Parselle and David Mayo. 29. All documents and communications that refer or relate to all motions and requests for sanctions, costs and/or contempt, made by you or any other attorney representing the Church of Scientology and/or any of its members, employees and related entities, against Graham Berry. 30. All documents and communications, including but not limited all transcripts (deposition, hearing and other), that refer or relate to any of the allegations, contentions, defenses and/or causes of action set forth in any of the original or amended complaints, responsive pleadings, discovery requests, discovery responses, motions, dismissals, appeals, submissions to the Court (s) or Special Master/Referee in the consolidated cases principally captioned Berry v. Cipriano, Barton and Miscavige [LASC Case Nos. BC 184 355, BC 186 168,BC 196 402, USDC CD CA Case No. 98, CV 8097 AHM] and Berry v. Rosen [LASC Case No. BS 051330]. 31. All documents and communications that refer or relate to Hurtado v. Berry, LASC Case No. 208 227 and USBC CD CA Case No. LA 99-32264 ER/Adv. No. AD 99-02559 ER. 32. All documents and communications that refer or relate to In re Graham E. Berry, USBC CD CA Case No. LA-99-32264 ER and all adversary, motion and collection proceedings filed in connection therewith including, whether in the federal or state courts, including but not limited to Moxon v. Berry [LA 99-32264/Adv. 99- 02615 ER], CSI [Jeavons v. CSI], Barton v. Berry [Adv. 00-2817-ER], Benkozcy v. Berry [USDC LA 99-32264 ER and LASC Case no.99-AO1528], and all purported creditors including but not limited to CSI, Michel Reveillere and Isadore Chait. 33. All documents and communications that refer or relate to the U.S.D.C. and L.A.S.C. cases principally captioned Pattinson v. Miscavige [USDC CD CA Case No. 98-3985 CAS] and Pattinson v. CSI [LASC Case No. BC 207364]. 34. All documents and communications that refer or relate to Reveillere v. Pattinson, OCSC Case No. 800981. 35. All documents and communications that refer or relate to the Casey Hill v. Church of Scientology and the Ontario Operation Snow White litigation, in the Dominion of Canada. 36. All documents and communications that refer or relate to Jeavons v. Church of Scientology International, LASC Case No.BC 207363 DATED: July 25, 2001 Respectfully Submitted, _______________________ Graham E. Berry PROOF OF PERSONAL SERVICE I, Graham E.Berry, certify and declare as follows: I am over the age of 18 years, I am an officer of this court and I am the respondent herein. On July 8, 2001, I personally mail served the following documents described as SUBPOENA DUCES TECUM AND ATTACHMENT A TO SUBPOENA DUCES TECUM ISSUES BY PARTY- RESPONDENT GRAHAM E.BERRY AND BEING HIS FIRST DEMAND TO PRODUCE DOCUMENTS, RECORDS, BOOKS OR THINGS DIRECTED AT THE CUSTODIAN (s) OF DOCUMENTS OF MOXON & KOBRIN, et al. (Numbered 1 - -). On the interested parties in this action addressed as follows: By placing one copy in an envelope and personally depositing it at a United State Postal Service facility, on the date shown below, first class postage affixed and addressed to: The State Bar of California Office of the Chief Trial Counsel Terrie L.Goldade, Esq. Agustin Hernandez, Esq. 1149 South Hill Street, Los Angeles, CA 90015 -2299 I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct. Executed on this 25TH day of July 2001, at Los Angeles, California. __________________________ Graham E. Berry From hkhenson@home.com Sat Jul 28 17:45:37 2001 Path: sn-us!sn-xit-01!supernews.com!newsfeed.stanford.edu!news-spur1.maxwell.syr.edu!news.maxwell.syr.edu!cpk-news-hub1.bbnplanet.com!news.gtei.net!newspeer.monmouth.com!news.lightlink.com!news2.lightlink.com From: hkhenson@home.com (Keith Henson) Newsgroups: alt.religion.scientology Subject: Re: Henson on Berry communications. Date: Sat, 28 Jul 2001 21:45:37 GMT Organization: Temple of At'L'An Lines: 151 Message-ID: <3b6a31fa.156136160@news2.lightlink.com> References: <3b640db1.146846008@news2.lightlink.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: 28 Jul 2001 17:42:56 -0400, 24.141.40.229 Xref: sn-us alt.religion.scientology:954156 On Sat, 28 Jul 2001 19:12:24 GMT, hkhenson@home.com (Keith Henson) wrote: GRAHAM E. BERRY (SBN 128503) ATTACHMENT "A" TO SUBPOENA 3384 McLaughlin Avenue Los Angeles, CA 90066 Telephone: (310) 745-3771 Facsimile: (310) 745-3772 Email: grahameb@aol.com Respondent Pro Per THE STATE BAR COURT OF THE STATE OF CALIFORNIA HEARING DEPARTMENT - LOS ANGELES In the Matter ofGRAHAM EDWARD BERRYNo.128503A Member of the State Bar ))))))))))))))))) Case No.: 99-0-12791ATTACHMENT A TO SUBPOENA DUCES TECUM ISSUED BY PARTY-RESPONDENT GRAHAM E. BERRY AND BEING HIS FIRST DEMAND TO PRODUCE DOCUMENTS, RECORDS, BOOKS OR THINGS DIRECTED AT THE CUSTODIAN (S) OF DOCUMENTS OF MICHAEL G. GERNER AND THE LAW OFFICES OF MICHAEL G. GERNER (Numbered 1- 7) RESPONDENT, GRAHAM EDWARD BERRY ("Berry"), hereby propounds his Demand to Produce Documents, Records, Books or Things, Set No. One, to the Custodian (s) of Documents of Michael G. Gerner, and the Law Offices of Michael G. Gerner ("You" as defined hereunder). This Request for Documents, Records, Books or Things is propounded, inter alia, pursuant to C.C.P. §§ 94, 1011(a) - 1013 (a), 1987.3, 2016 to 2031 (specifically § 2020 (d)), Cal. Evidence Code § 1560 (e) and Rules 151 to 187 of the Rules of Procedure of the State Bar of California. Inspection and copying of the documents, records, books and things produced in response to this request shall take place on August 21, 2001, at 11:00 a.m. at the offices of Michael G. Gerner, 10100 Santa Monica Boulevard, 8th Floor, Los Angeles, CA 90067, or as may be noticed by amended notice and/or a letter agreement signed by both the propounding and responding party (s); e.g., to adopt the provisions of C.C.P. 2020 (d) (4). snip boilerplate REQUEST FOR PRODUCTION OF DOCUMENTS 1. All documents and communications relating to or referring to Michael Hurtado, including, but not limited to, those that refer or relate to, or concern in any way Graham Berry; Jenny Berosteguy; Eloisa Gonzales; Miguel Hurtado; Ana Marina Hurtado; Jason Whitman; LA Youth Center; Anthony Apodaca; Detective Petz; Deputy D.A. Paul Turley; Deputy D.A. Norm Wakener; Erla Hawkins; Mariah Rivera; DA Investigator Kevin Freeth; Wesley Berosteguy; Antoine Hage, MD; Robert Cipriano; the Church of Scientology; Elliot Abelson; Kendrick Moxon; Helena Kobrin; Ava Paquette; Samuel Rosen; Barbara Reeves; Michael Terrill; Bradley Pauley; Gerald Chaleff; Thomas Byrnes; Donald Wager; Michael Gerner; Eugene Ingram ; Robert Vaughan Young and the various criminal prosecutions and civil lawsuits involving Michael Hurtado. 2.All documents and communications that refer or relate to payments made to or for any and all persons, received from any and all persons and entities including, but not limited to, lawyers, businesses, private investigators, investigators, surveillance personnel and surveillance, in connection with or relating to Graham Berry, Donald Wager and the State Bar of California. 3. All documents and communications that refer or relate to the Church of Scientology International, Moxon, Bowles, Farny and Ingram "investigation" of Graham Berry that commenced in late 1993 and early 1994 including but not limited to all photographs, phone tap logs, audio and video recording machines or devices, and all other related documents, books, records and things. 4. All documents and communications that refer or relate to communications with any international, national, federal, state or local government entity, supervisory and /or professional organization (including national security [e.g., the German government Office (s) for the Protection of the Constitution], security, law enforcement entities and their representatives) bar associations and law societies, professional organizations, media, entity or person (s) relating to Graham Berry. 5. All documents and communications, including but not limited all transcripts (deposition, hearing and other), that refer or relate to any of the allegations, contentions, defenses and/or causes of action set forth in any of the original or amended complaints, responsive pleadings, discovery requests, discovery responses, motions, dismissals, appeals, submissions to the Court(s) or Special Master/Referee in the consolidated cases principally captioned Berry v. Cipriano, Barton and Miscavige [LASC Case Nos. BC 184 355, BC 186 168,BC 196 402, USDC CD CA Case No. 98, CV 8097 AHM] and Berry v. Rosen [LASC Case No. BS 051330]. 6.All documents and communications that refer or relate to Hurtado v. Berry, LASC Case No. 208 227 and USBC CD CA Case No. LA 99-32264 ER/Adv. No. AD 99-02559 ER. 7. All documents and communications that refer or relate to In re Graham E. Berry, USBC CD CA Case No. LA-99-32264 ER and all adversary, motion and collection proceedings filed in connection therewith including, whether in the federal or state courts, including, but not limited to, Moxon v. Berry [LA 99-32264/Adv. 99- 02615 ER], CSI [Jeavons v. CSI], Barton v. Berry [Adv. 00-2817-ER], Benkozcy v. Berry [USDC LA 99-32264 ER and LASC Case no.99-AO1528], and all purported creditors including, but not limited to, CSI, Michel Reveillere and Isadore Chait. DATED: July 27 2001 Respectfully Submitted, _______________________ Graham E. Berry PROOF OF MAIL SERVICE I, Graham E.Berry, certify and declare as follows: I am over the age of 18 years, I am an officer of this court and I am the respondent herein. On July 26, 2001, I mail served the following documents described as SUBPOENA DUCES TECUM AND ATTACHMENT A TO SUBPOENA DUCES TECUM ISSUES BY PARTY- RESPONDENT GRAHAM E.BERRY AND BEING HIS FIRST DEMAND TO PRODUCE DOCUMENTS, RECORDS, BOOKS OR THINGS DIRECTED AT THE CUSTODIAN (s) OF DOCUMENTS OF MICHAEL G. GERNER, et al. (Numbered 1- 6). On the interested parties in this action addressed as follows: By placing one copy in an envelope and personally depositing it at a United State Postal Service facility, on the date shown below, first class postage affixed and addressed to: The State Bar of California Office of the Chief Trial Counsel Terrie L. Goldade, Esq. Agustin Hernandez, Esq. 1149 South Hill Street, Los Angeles, CA 90015-2299 I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct. Executed on this 26TH day of July 2001, at Los Angeles, California. __________________________ Graham E. Berry From hkhenson@home.com Sat Jul 28 17:49:23 2001 Path: sn-us!sn-xit-03!supernews.com!nntp.cs.ubc.ca!news-spur1.maxwell.syr.edu!news.maxwell.syr.edu!feed2.news.rcn.net!rcn!dca6-feed2.news.digex.net!jfk3-feed1.news.digex.net!intermedia!newspeer.monmouth.com!news.lightlink.com!news2.lightlink.com From: hkhenson@home.com (Keith Henson) Newsgroups: alt.religion.scientology Subject: Re: Henson on Berry communications. Date: Sat, 28 Jul 2001 21:49:23 GMT Organization: Temple of At'L'An Lines: 122 Message-ID: <3b6b32c1.156335637@news2.lightlink.com> References: <3b640db1.146846008@news2.lightlink.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: 28 Jul 2001 17:46:42 -0400, 24.141.40.229 Xref: sn-us alt.religion.scientology:954158 On Sat, 28 Jul 2001 19:12:24 GMT, hkhenson@home.com (Keith Henson) wrote: (It would be interesting to see of any of this large number of names shows up in the Slatkin victims. Keith Henson) GRAHAM E. BERRY (SBN 128503) ATTACHMENT "A" TO SUBPOENA 3384 McLaughlin Avenue Los Angeles, CA 90066 Telephone: (310) 745-3771 Facsimile: (310) 745-3772 Email: grahameb@aol.com Respondent Pro Per THE STATE BAR COURT OF THE STATE OF CALIFORNIA HEARING DEPARTMENT - LOS ANGELES In the Matter ofGRAHAM EDWARD BERRYNo.128503A Member of the State Bar ))))))))))))))))) Case No.: 99-0-12791ATTACHMENT A TO SUBPOENA DUCES TECUM ISSUED BY PARTY-RESPONDENT GRAHAM E. BERRY AND BEING HIS FIRST DEMAND TO PRODUCE DOCUMENTS, RECORDS, BOOKS OR THINGS DIRECTED AT THE CUSTODIAN (S) OF DOCUMENTS OF THOMAS S. BYRNES AND THE LAW OFFICES OF THOMAS S. BYRNES (Numbered 1- 7) RESPONDENT, GRAHAM EDWARD BERRY ("Berry"), hereby propounds his Demand to Produce Documents, Records, Books or Things, Set No. One, to the Custodian (s) of Documents of Thomas S. Byrnes and the Law Offices of Thomas S. Byrnes ("You" as defined hereunder). This Request for Documents, Records, Books or Things is propounded, inter alia, pursuant to C.C.P. §§ 94, 1011(a) - 1013 (a), 1987.3, 2016 to 2031 (specifically § 2020 (d)), Cal. Evidence Code § 1560 (e) and Rules 151 to 187 of the Rules of Procedure of the State Bar of California. Inspection and copying of the documents, records, books and things produced in response to this request shall take place on August 22 nd, 2001, at 10:00 a.m. at the offices of Thomas S. Byrnes, 9465 Wilshire Boulevard, #330, Beverly Hills, CA 90212, or as may be noticed by amended notice and/or a letter agreement signed by both the propounding and responding party(s); e.g. to adopt the provisions of C.C.P. 2020 (d) (4). snip boilerplate REQUEST FOR PRODUCTION OF DOCUMENTS 1. All documents and communications relating to or referring to Michael Hurtado, including but not limited to, those that refer or relate to, or concern in any way Graham Berry; Jenny Berosteguy; Eloisa Gonzales; Miguel Hurtado; Ana Marina Hurtado; Jason Whitman; LA Youth Center; Anthony Apodaca; Detective Petz; Deputy D. A. Paul Turley; Deputy D. A. Norm Wakener; Erla Hawkins; Mariah Rivera; DA Investigator Kevin Freeth; Wesley Berosteguy; Antoine Hage, MD; Robert Cipriano; the Church of Scientology; Elliot Abelson; Kendrick Moxon; Helena Kobrin; Ava Paquette; Samuel Rosen; Barbara Reeves; Michael Terrill; Bradley Pauley; Gerald Chaleff; Thomas Byrnes; Donald Wager; Michael Gerner; Eugene Ingram; Robert Vaughan Young and the various criminal prosecutions and civil lawsuits involving Michael Hurtado. 2. All documents and communications that refer or relate to payments made to or for any and all persons, received from any and all persons and entities including, but not limited to, lawyers, businesses, private investigators, investigators, surveillance personnel and surveillance, in connection with or relating to Michael Hurtado, the representation of Michael Hurtado, Miguel Hurtado, Anthony Apodaca (and all jail receipts and other documents relating thereto), and Graham Berry. 3. All documents and communications that refer or relate to the Church of Scientology International, Moxon, Bowles, Farny and Ingram "investigation" of Graham Berry that commenced in late 1993 and early 1994 including, but not limited to, all photographs, phone tap logs, audio and video recording machines or devices, and all other related documents, books, records and things. 4. All documents and communications that refer or relate to communications with any international, national, federal, state or local government entity, supervisory and /or professional organization (including national security [e.g. the German government Office(s) for the Protection of the Constitution], security, law enforcement entities and their representatives) bar associations and law societies, professional organizations, media, entity or person(s) relating to Graham Berry. 5. All documents and communications including, but not limited to, all transcripts (deposition, hearing and other), that refer or relate to any of the allegations, contentions, defenses and/or causes of action set forth in any of the original or amended complaints, responsive pleadings, discovery requests, discovery responses, motions, dismissals, appeals, submissions to the Court(s) or Special Master/Referee in the consolidated cases principally captioned Berry v. Cipriano, Barton and Miscavige [LASC Case Nos. BC 184 355, BC 186 168,BC 196 402, USDC CD CA Case No. 98, CV 8097 AHM] and Berry v. Rosen [LASC Case No. BS 051330]. 6.All documents and communications that refer or relate to Hurtado v. Berry, LASC Case No. 208 227 and USBC CD CA Case No. LA 99-32264 ER/Adv. No. AD 99-02559 ER. 6.All documents and communications that refer or relate to In re Graham E. Berry, USBC CD CA Case No. LA-99-32264 ER and all adversary, motion and collection proceedings filed in connection therewith including, whether in the federal or state courts, including but not limited to Moxon v. Berry [LA 99-32264/Adv. 99- 02615 ER], CSI [Jeavons v. CSI], Barton v. Berry [Adv. 00-2817-ER], Benkozcy v. Berry [USDC LA 99-32264 ER and LASC Case no.99-AO1528], and all purported creditors including but not limited to CSI, Michel Reveillere and Isadore Chait. DATED: July 27, 2001 Respectfully Submitted, _______________________ Graham E. Berry From hkhenson@home.com Sat Jul 28 17:54:32 2001 Path: sn-us!sn-xit-03!supernews.com!newsfeed.wirehub.nl!newspeer.monmouth.com!news.lightlink.com!news2.lightlink.com From: hkhenson@home.com (Keith Henson) Newsgroups: alt.religion.scientology Subject: Re: Henson on Berry communications. Date: Sat, 28 Jul 2001 21:54:32 GMT Organization: Temple of At'L'An Lines: 309 Message-ID: <3b6c339c.156554782@news2.lightlink.com> References: <3b640db1.146846008@news2.lightlink.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: 28 Jul 2001 17:51:51 -0400, 24.141.40.229 Xref: sn-us alt.religion.scientology:954162 On Sat, 28 Jul 2001 19:12:24 GMT, hkhenson@home.com (Keith Henson) wrote: GRAHAM E. BERRY (SBN 128503) ATTACHMENT "A" TO SUBPOENA 3384 McLaughlin Avenue Los Angeles, CA 90066 Telephone: (310) 745-3771 Facsimile: (310) 745-3772 Email: grahameb@aol.com Respondent Pro Per THE STATE BAR COURT OF THE STATE OF CALIFORNIA HEARING DEPARTMENT - LOS ANGELES In the Matter ofGRAHAM EDWARD BERRYNo.128503A Member of the State Bar ))))))))))))))))) Case No.: 99-0-12791ATTACHMENT A TO SUBPOENA DUCES TECUM ISSUES BY PARTY- RESPONDENT GRAHAM E. BERRY AND BEING HIS FIRST DEMAND TO PRODUCE DOCUMENTS, RECORDS, BOOKS OR THINGS DIRECTED AT THE CUSTODIAN(S) OF DOCUMENTS OF SIMKE CHODOS, DAVID CHODOS AND JAMES MARTIN (Numbered 1- 20) RESPONDENT, GRAHAM EDWARD BERRY ("Berry"), hereby propounds his Demand to Produce Documents, Records, Books or Things, Set No. One (Numbers 1- 20), to the Custodian (s) of Documents of Simke Chodos, David Chodos and James Martin ("You" as defined hereunder). This Request for Documents, Records, Books or Things is propounded, inter alia, pursuant to C.C.P. §§ 94, 1011(a) - 1013 (a), 1987.3, 2016 to 2031 (specifically § 2020 (d)), Cal. Evidence Code § 1560 (e) and Rules 151 to 187 of the Rules of Procedure of the State Bar of California. Inspection and copying of the documents, records, books and things produced in response to this request shall take place on August 22, 2001, at 2:00 p.m. at the offices of Simke Chodos, 1880 Century Park East, Suite 1511, Los Angeles, CA 90067-1615, or as may be noticed by amended notice and/or a letter agreement signed by both the propounding and responding party (s); e.g., to adopt the provisions of C.C.P. 2020 (d) (4). snip boilerplate REQUEST FOR PRODUCTION OF DOCUMENTS 1. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to Moxon & Kobrin's relationship to all or any of the corporations and Churches of Scientology including, but not limited to, the org board and/or command chart(s) that show their relationship(s) to the Church of Scientology, OSA Int, OSA US, CST, RTC, CSI, "Flag", ASI, CMO Int. and the Watch Dog Committee. 2. All documents and communications including, but not limited to, those that refer or relate to, or concern in any way, Graham Berry and Associates including, but not limited to, those relating to or mentioning Berry; Lewis, D'Amato, Brisbois & Bisgaard LLP; Musick, Peeler & Garret LLP; Law Offices of Graham E. Berry; Berry, Lewis, Scali & Stojkovic. 3. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to: the CAN Reform Group [and/or any participant in its activities, ops, projects, targets, publications, funding, operations and meetings]; CAN; The "Bowles & Moxon Plan 100" [to destroy CAN]; Mary Sue Hubbard; Captain David Miscavige; Mark (Marty) Rathbun; Michael (Mike) Rinder; Michael Sutter; Heber Jentzch ; Kurt Weiland; Ken Hoden; Muriel Dufresne; Greg Ryerson; Lisa Goodman; Alan Cartwright; Ken Long; Ed Parkin; Lynn Shipe aka Lyn Shape; Lynn Farny; Michel Revelliere; Aaron Mason; Howie Gutfeld; Ingram Investigations, Eugene Ingram, Joanne Weaton or Wheaton; Russell Andrews, Donald Cooper, Tri State Investigations; Barry Silver, Talon Executive Services; Hank Batterton; Tom Blane; John J. Gaw; Edwin Richardson; Lawrence Heller; Sherman Lenske; Lenske & Lenske; Michael Gerner; Donald Wager; Thomas Byrnes; Thomas C. Spring; Gerald A. Feffer; Monique Yingling; Eric Lieberman; John J. Quinn; Samuel Rosen; Barbara Reeves; Michael Terrill; Bradley Pauley; Elliot Abelson; Gerald Chaleff; Gary Soter; David Chodos; William Drescher; Kendrick Moxon; Helena Kobrin; Sarira Alexander; Laurie Bartilson; Timothy Bowles; Earle Cooley; Bert Fields; Lavely & Singer; Evan Spiegel; Michael Stoller; Marcello D'Mauro; Jerry Bregman; Lloyd Levinson; Lyman Spurlock; Barry Waterman; Robert Cipriano; Glenn Barton; Donna Casselman; Isadore ("Izzy Chait"); Nancy O'Meara; W. Russell Shaw; Bernard Le Geros; Andrew Crispo; Dennis Cantwell; Wilbur ("Bill Long"); Dr. Mathilde Krim; Danny Fumagali; Laura Terrapin aka Jolie Steckart; Donna Casselman; Robert Lippman; Thomas Gerard Rummelhart; Linda Woolard; Nigel Hunter; Michael ("Mike") Ferris; Phoenix Investigations; Scott Mayer; Jeffrey W. Steinbrenner; Assemblyman Steven Baldwin; Richard Mason; Los Angeles Unified School District; General Counsel's Office of The Los Angeles Unified School District; Dale Reynolds; Richard Davis; Mike or Michael Ferris; Bart Verry; Mark Ortega; Guy White; Citizens Commission for Human Rights (CCHR); Sandee Oglivie; Minutes of meetings where Graham Berry and Associates have been discussed including, but not limited to, Staff meetings; Advisory Council Meetings; Executive Council Meetings; "Battle Plan" meetings and any meetings of the Board of Directors or Corporate Officers; Day of the Child; Children's Charities of America; Icon Entertainment Group; Donald Snodgrass; Leslie McMillan; Joan Varanelli; Ian Westwood Booth; Michael Hamra; Earthlink; Leslie Lamborn; Dawn Rene Oates; Day of the Child World Concert; Jenny Berosteguy; Eloisa Gonzales; Miguel Hurtado; Ana Marina Hurtado; Jason Whitman; LA Youth Center; Anthony Apodaca; Robert (Bob) and Debbie Sweezy; Detective Petz; Deputy D.A. Paul Turley; Deputy D.A. Norm Wakener; Roy Webb; Professional Management Services; International Association of Scientologists; Erla Hawkins; Mariah Rivera; DA Investigator Kevin Freeth; Wesley Berosteguy; Antoine Hage, MD. 4. All documents and communications [and in addition to the definition of documents above; in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to payments made to or for any and all persons, lawyers, businesses, private investigators, investigators, surveillance personnel and surveillance, in connection with or relating to Graham Berry and Associates. 5. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to payments made to or for, services provided to or for, benefits given/provided to and/or for, and agreements made with or for or relating to: W. Russell Shaw; Vicki Azneran; Richard Azneran; Phoenix Investigations; Garry Scarff; Robert Cipriano; Christine M. Gregos; Accurate Book-Keeping Company; Anthony Apodaca; Michael Hurtado; Miguel Hurtado; Day of the Child; J. Stephen Lewis; Christian J. Scali; Danny Fumagali; Laura Terrapin aka Jolie Steckart; Scott Mayer; Roy Webb; Professional Management Services; and any other person or entity in connection with or relating to Graham Berry and Associates. 6. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to the Church of Scientology internal guiding policies, advices, special tech and dispatches relating to Graham Berry and Associates. 7. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to communications with all former employers, colleagues, acquaintances of, and/or any other person/entity, and relating in any manner to Graham Berry and Associates including, but not limited to,: Vicki Azneran; Richard Azneran; Robert Vaughan Young; Stacy Brooks Young aka Stacy Brooks; Andre Tabayoyan; Garry Scarff; Steven Fishman; Robert F. Lewis; Gordon Calhoun; Jana Lubert; Jerome Spiegelman; Spiegelman & Berry; John Blair; Studio 54; James Kershaw; Peter Mills; John Lauricella; Kim Tudor; Berry & Hoffey; Geoff Brodie; Ruth Gordon; any resident (former to 1989 or current) of 1228 11th Street condominiums, Santa Monica, CA 90401 and any (former to 1993 or current) resident of any premises within a three block radius of that address and the owners of any cars leafleted thereabouts; Tristan (Robert) McManaman; Ted Kozak; Marsha George; Frank Keegan; Bill Lloyd; Hon. David Caygil; Angie Tunagdon; Sandt Litchfield; Jacques Howlett; Justin Nobriga; Patricia Nell Warren; Tyler St. Mark; Michael Blaha; Robert Schwartz; Vanessa Tamirez; Robert Barron; David France; Joseph Sonnabend; AIDS Medical Foundation; AMFar; Michael Grantham; Wayne Elias; Steve Tyler; Jamie Schloss; David Amkraut; Douglas Hart; Daniel Garcia; John Durkin; Robert (Rob) Sloane; Lynne Atkins; Ronald J. Palmiere; David Hunt; Nicholas Poshkus; Sam Collins; Robert Krissel; Charles Collier-Wright; Jonathan Canno; Troy Glick; Deputy DA Larry Morrison; Matthew Fitzpatrick; Gary Knight; Paul Middlemiss; John Matthews; Richard Burtt; Nancy Zeltzer; James (Jim ) McIntyre; Joe Lynn; Landmark Insurance Company; American Insurance Group ("AIG"); The Mirror Group; The Daily Mirror; Tony Ortega; New Times LA; George Rush; the New York Daily News; The Daily Journal; The American Lawyer; The National Lawyer; The Washington Post; The New York Times; The St. Petersburg Times; The Star [Tabloid]; A&E; CNN; Sixty Minutes; Esquire magazine; ARD Network; Los Angeles Times; Channel Nine Los Angeles; Channel 4 Los Angeles; Raymond Benkozcy; Monica Smith; Bill Lloyd; D'Amato & Lynch; David Gibson; Mark Trilling; Steven Gaines; Mark Lemmer; Laura Gomez (Imperial Bank); Imperial Bank; Glendale Federal Bank; California Federal Bank; Fleet Mortgage Company; ARM Financial Corporation; Washington Mutual; Ford Greene; Joseph De Briyn; Michael Andrunas; Geoffrey Brown; Joel Feldman; Jenny Stevens; Bradley Brook; Rodney Nardi; Peter Reichelt; Brenda Barnes; any employee of the State Bar of California, Office of Chief Trial Counsel; Hon. Keith G. Wisot (Ret.); Tom Hefferman; Frank Nowicki; Michael Perry; Daniel Lantz; Lumin-oZ, LLC; Lumin-oZ, Inc.; Michael Wech; Paul Strabala; Ursula Caberta; Ida Camburn; Lisa McPherson Trust; Jesse Prince; Mark Bunker; Greg Schulman; Models of Pride; Metropolitan Art Storage; Celeste Downey; Patricia McSweeney; Hons. Ronald Swearinger, James Ideman, Ernest Hiroshige, Manuel Real, Alexander Williams, III, Eagleson, Weissbrodt, Ray Hart, David Doi, Dianne Wayne, Stephen M. Lachs, Margaret Morrow, Christina Snyder, Ernest Robles, Arthur S. Weissbrodt, Robert H. Wallerstein and Ronald Whyte. 8. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to sources of funding for OSA ops or your activities, representation and/or cycles of action against or relating to Graham Berry and/or Associates including, but not limited to: the International Association of Scientologists ("IAS"); any World Institute of Scientology Enterprises ("WISE") entity or member (including any documents relating to your membership of WISE and the IAS); and any Church of Scientology entity or member(s). 9. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to the Church of Scientology International, Moxon, Bowles, Farny and/or Ingram "investigation" of Graham Berry that commenced in late 1993 and early 1994 including, but not limited to, all photographs, phone tap logs, audio and video recording machines or devices, and all other related documents, books, records and things. 10. All documents [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to communications with any international, national, federal, state or local government entity, supervisory and/or professional organization (including national security [e.g., the German government Office(s) for the Protection of the Constitution], security, law enforcement entities and their representatives) bar associations and law societies, professional organizations, media, entity(s) or person(s) relating to Graham Berry and Associates. 11. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to the legal and beneficial owners and/or ownership of the Church of Spiritual Technology ("CST"), its principals, trustees, directors, officers, premises, staffers, securities, records, property and assets. 12. All documents and communications [and in addition to the definition of documents above, in accordance with the following words meanings, definitions, policies, bulletins, customs, practices and other directives of the Church of Scientology] that refer or relate to operational documents on the destruction of Graham Berry, Graham Berry and Associates, the Law Offices of Graham E. Berry and Berry, Lewis, Scali & Stojkovic. 13. All documents and communications of the Church of Scientology that refer or relate to various Internet nom-de-plumes including, but not limited to: nobody@replay.com; Nobody@huge.cajones.com; wgert@loop.com, which mention the name Berry or Graham Berry and all Internet or newsgroup postings which mention the names Graham and Berry, and/or Cipriano, Hurtado and Apodaca including, but not limited to, the ARS Bigots Home Page. 14. All documents and communications that refer or relate to all motions and requests for sanctions, costs and/or contempt, made by you or any other attorney representing the Church of Scientology and/or any of its members, employees and related entities, against Graham Berry. 15. All documents and communications including, but not limited to, all transcripts (deposition, hearing and other), that refer or relate to any of the allegations, contentions, defenses and/or causes of action set forth in any of the original or amended complaints, responsive pleadings, discovery requests, discovery responses, motions, dismissals, appeals, submissions to the Court(s) or Special Master/Referee in the consolidated cases principally captioned Berry v. Cipriano, Barton and Miscavige [LASC Case Nos. BC 184 355, BC 186 168,BC 196 402, USDC CD CA Case No. 98, CV 8097 AHM] and Berry v. Rosen [LASC Case No. BS 051330]. 16. All documents and communications that refer or relate to Hurtado v. Berry, LASC Case No. 208 227 and USBC CD CA Case No. LA 99-32264 ER/Adv. No. AD 99-02559 ER. 17. All documents and communications that refer or relate to In re Graham E. Berry, USBC CD CA Case No. LA-99-32264 ER and all adversary, motion and collection proceedings filed in connection therewith including, whether in the federal or state courts including, but not limited to, Moxon v. Berry [LA 99-32264/Adv. 99- 02615 ER], CSI [Jeavons v. CSI], Barton v. Berry [Adv. 00-2817-ER], Benkozcy v. Berry [USDC LA 99-32264 ER and LASC Case no.99-AO1528], and all purported creditors including, but not limited to, CSI, Michel Reveillere and Isadore Chait. 18. All documents and communications that refer or relate to the U.S.D.C. and L.A.S.C. cases principally captioned Pattinson v. Miscavige [USDC CD CA Case No. 98-3985 CAS] and Pattinson v. CSI [LASC Case No. BC 207364]. 19. All documents and communications that refer or relate to Reveillere v. Pattinson, OCSC Case No. 800981. 20. All documents and communications that refer or relate to Jeavons v. Church of Scientology International, LASC Case No.BC 207363. DATED: July 27, 2001 Respectfully Submitted, _______________________ Graham E. Berry From hkhenson@home.com Sat Jul 28 17:57:26 2001 Path: sn-us!sn-xit-03!supernews.com!newsfeed.wirehub.nl!newspeer.monmouth.com!news.lightlink.com!news2.lightlink.com From: hkhenson@home.com (Keith Henson) Newsgroups: alt.religion.scientology Subject: Re: Henson on Berry communications. Date: Sat, 28 Jul 2001 21:57:26 GMT Organization: Temple of At'L'An Lines: 377 Message-ID: <3b6d34d8.156870708@news2.lightlink.com> References: <3b640db1.146846008@news2.lightlink.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: 28 Jul 2001 17:54:45 -0400, 24.141.40.229 Xref: sn-us alt.religion.scientology:954163 On Sat, 28 Jul 2001 19:12:24 GMT, hkhenson@home.com (Keith Henson) wrote: This one is an inspiring read! Keith Henson **************** GRAHAM E. BERRY 3384 McLaughlin Avenue Los Angeles, CA 90066 Phone/Fax: (310) 393-2835 (Call First for Fax) grahameb@aol.com July 27, 2001 By Fax: (213) 487-5385 Ava Paquette, Esq. Moxon & Kobrin 3055 Wilshire Boulevard Suite 900 Los Angeles, CA 90010 Re: BARTON v. BERRY, USBC, CDCA, Case Number LA 99-32264 ER JEAVONS v. CSI, LASC Case Number BC 20763. Dear Ms.Paquette: While on the subject of subpoenas, I recall that you served one of your countless subpoenas upon me just last week summoning me to yet another judgment creditor ("intelligence or intel op") exam. So far, since May 1998, you have taken 14 days of deposition of me in Berry v. Cipriano, Barton, Miscavige [Abelson, Moxon & Ingram], 4 days of deposition [Rule 2004] in In re Graham Berry Bankruptcy, 1 day in Hurtado v. Berry, two hours in February of this year in Jeavons v. Church of Scientology International. That is 19 days of deposition in the last 26 months! And now yet another deposition on August 8, 2001, in Jeavons v. Scientology. Anyone other than Judge Williams (and the State Bar of California) might find that somewhat harrassive! Your pursuit of me in the Bankruptcy Court is certainly not about money. You spent close to one million dollars using private investigators to deliver the perjured and extorted First Cipriano Declaration all over the world, to almost everyone who had ever touched my life (and who had not, but who might have) professionally, socially or personally - making it impossible for me to engage even in charitable work anymore. Additionally, it has made it impossible for those engaged in charitable work to use my expertise for fear of your firm and its "client" unleashing Ingram, et. al., and your First Cipriano Declaration on their donor and volunteer base. As I have testified, it was a significant factor in my resignation as an equity partner in two major law firms and going from $160,000 per annum (probably $350,000 p.a. by now) to general relief and public assistance. You are still responsible for the continuing, constant worldwide publication of the First Cipriano Declaration making it impossible for me to work ever again, because of the perjuriously obtained allegations of pederasty, used in the obstruction of justice, and forever damning me, however unfounded they were and are. Nevertheless, you achieved the objectives (end product) of your clients' "Fair Game policies and practices" employed "to utterly destroy [me] by what ever means possible." Of course, as you also erroneously believe, "the object of the lawsuit is not to win but to harass and enough harassment of someone on the thin edge is usually sufficient to cause his demise." An interesting, if equally false corollary is your assertion that, "If you leave us alone we will leave you alone, it is as simple as that." It is just as well that you practice before the California State Bar. Any other Bar's regulators would find those beliefs to clash with the professional obligations and oaths of a lawyer. And while on that subject, you are also engaged in clearing the planet, bringing in ethics and eliminating crime. In plain English, you are engaged in clearing the planet of everything but scientology, ensuring the planet is ruled by scientology ethics [which suppresses all dissent for the good of the organization] and eliminating all of those who you perceive as criminals because they impede your takeover of the world. In fact, on the basis of the current six billion world population, Hubbard decrees the forcible internment and elimination of over sixty million people, as quietly and as effectively as possible. Those are all his words, not mine, as well you know! Again, it is just as well you are practicing in California because other Bar regulators might find Business & Professions Code Section 6064.1 to apply here. Another State's Bar regulators would be offended that Moxon, et. al., used runners and cappers (including Ingram) to solicit clients (at least the Bowles & Moxon Plan 100, Jason Scott, Robert Cipriano, Anthony Apodaca and Michael Hurtado), funded law suits for those persons where they were counsel (the most material witnesses and to be added parties), and moved the case before judges they had in their pockets. For an example of this there is, Judge Williams whose fiancée is/was employed by the same organization as you, who refused to recuse himself; who found the Cipriano confession "irrelevant"; who refused to hear from Cipriano in opposition to his own lawyers' vexatious litigant petition being led by the Chairman of the LAPD Commission who was brought into the case solely for that motion which was granted, "not because of what I did, but the way I did it." An error of law if ever there was one! Then his curious statement.I am in my final term.I do not have to face the voters again. I am like a Federal judge sitting in State Court [or was it kangaroo court?]. Moreover, as you are no doubt fully aware, vexatious litigants have few civil rights or rights before the courts, even on appeal. Probably the reason you manipulated the dismissals, as we will also prove to the State Bar and other federal courts during the coming months! Then you engineered the dismissal of Pattinson by persuading Judge Snyder that it was sanction able for Mr.Pattinson to allege that you were engaged [concurrently as we now know] on behalf of the Church of Scientology. Yes, as I submitted in vain to Judge Williams, we have fallen through the looking glass and every thing is upside down. At the same time as seeking sanctions before for alleging you were engaged in criminal conduct on behalf of the church, your law firm and other Wager and Ingram solicited perjury from Hurtado, and with Abelson, filed false proceedings against me in Federal Court, State Court, the State Bar, the Sheriff's Department and submitted what is therefore a criminal bankruptcy claim, and a fraudulent-criminal insurance settlement demand for $750,000. Beyond all of this outrageous conduct, you are then upset because I have a policyholder's consent to settlement provision in my malpractice policy, which Moxon had never heard of before! Of course, anyone other than a Church of Scientology lawyer would be disbarred for this conduct alone. In fact, just one of the acts of solicitation without all of the extortion, bribery, paid perjury; obstruction of justice and the like would be enough for in disbarrment under normal circumstances! Your continued refusal, after two years, to return Mr. Cipriano's files to him would upset the regulators of most State Bar's outside the State of California. You have also spent hundreds of thousands of dollars in continued harassment of me in the bankruptcy court and through the filing of fraudulent claims and proceedings there.Consequently, you prevent me from earning income by tying me down, "overwhelming" me as your policy states, and seek to "destroy" me as your policy also states. Indeed, expert evidence at the State Bar trial, and in the ultimate malicious prosecution case that will be filed, will include testimony that your organization not only sought to destroy and bankrupt me, but also sought to drive me insane and to suicide (if you didn't first "destroy" me). This is a variant of what Hubbard has described as "Black Dianetics" and which I would have proven that the Church used against Steven Fishman. However, you dismissed that case one month before trial and after nearly two million dollars in defense costs had been incurred. Indeed, you very nearly succeeded in deliberately driving me into the gutter and the grave. However, I am now on general relief (public assistance). Again, it is just as well the Moxon & Kobrin and their band of lawyers are practicing in California because most other State bar's regulators would have found numerous serious felonies, misdemeanors and ethical violations here. Prison and permanent disbarment would have been inevitable. However, not before the State Bar of California, which so far has twice this year written that they have investigated Moxon & Kobrin and found that they have done nothing wrong. Why should I be surprised by any of this? After all, for years, your shills have claimed to have operatives within the State Bar. In fact, most State Bar regulators would consider it unusual for a California lawyer to have been an unindicted co-conspirator in the largest ever infiltration and massive burglary of the United States government. Your co-counsel in much of the litigation involving this illegal and unethical activity, Eric Leiberman, recently wrote: "Like Lazarus, Berry has risen from the dead." I found that comment to Judge Snyder very telling of what you thought that you had accomplished against me. Now I am going to want the deposition of all three of you before the State Bar in both deposition and at trial. Please enquire of Mr.Moxon and Ms.Kobrin as to convenient dates for all three of you after the production of your documents is completed in August. I would also like early dates for the depositions of Eugene Ingram and underlying litigation defendant's Miscavige, Rinder, CSI and CST.I trust that motions to compel will not be required. Turning back to the invalid Barton judgment and lien, you also had a conflict between your representation of Barton and CSI. Similarly, had/have non-waivable conflicts of interest, at least, with so many others including Jason Scott, Robert Cipriano and ghost wrote for convicted defendant murderer Bernard Le Geros. The same non- waivable conflicts existed with Glenn Barton, Isadore Chait, Donna Casselman, and others along with Michael Hurtado and others in that case. As to Jason Scott, this was well explained to the Ninth Circuit in the Scott case and to the Bankruptcy Court in Illinois). However, like you, Barton also works for Church of Scientology International and, if he objects, he can be punished by confinement in the Church's Rehabilitation Project Force ("RPF") in the high dessert. As you know, many former high-ranking scientologists have compared the RPF to a Soviet gulag or Nazi concentration camp. Even Moxon's own daughter, died under mysterious and highly questionable circumstances at Gold Base. Having used non-waivable conflicts, to say the very least of the mountain of misconduct herein, and through the frauds and misrepresentations that your demonstrable RICO conspiracy have perpetrated upon the courts, you now have a [voidable], $28,000 judgment for fellow OSA staffer, "Reverend" Barton. You filed a judgment lien against my condo. You have refused to lift it and you have refused to participate in any [short] sale and creditor's comprise (and partial payment), because you "have better security with the lien." If Rev. Glenn Barton were an honest creditor he would have leaped at the opportunity to release the lien in exchange for partial payment (even without a release of the balance). My condo will go through a foreclosure sale on August 8, 2001, unless I can negotiate a private sale before then and pay the first trust deed holder off. In light of the time factor that is now unlikely.Mr.Barton's interests have been subordinated to those of your other concurrent clients in the same matter, the church of Scientology, Mr.Moxon himself, Michel Reveillere and Isadore Chait. I shall explain since you seem unable, or unwilling, to recognize the conflicts and resulting acts of malpractice and damage yourself. My First Trust Deed holder is owed approximately $295,600.00. The property is now believed to be worth approximately $400,000.00. The First Trust Deed holder will get its $296,000.00 whatever happens between now and the year 2010. The rest of the lien holders will probably get zero on their liens-including Rev. Glen Barton. Next paid, in whole or part, will be the Second Trust Deed of approximately $22,000.00. The IRS and State Franchise Tax Board are owed about $80,000.00. Barton is purportedly owed $28,000.00 and the Homeowners Association is owed $6,000.00. Thus, because you refused to lift the Barton lien because of the Church's conflicting Fair Game agenda, all except the First Trust Deed holder lose an opportunity to get at least some money on the doller. Late last year I opened escrow for a sale at $367,500.00. After sale costs, approx. $50,000.00 that would have then remained for a partial payment as could have been negotiated with all of the various lien holders. The Second Trust Deed holder and the HOA are always willing to take an immediate bird in the hand. Indications were that the IRS may have compromised for as little as $10,000.00. Rev. Barton could have demanded and received as much as $15,000.00, but that is not what your other clients' Fair Game practices are all about. Anyone other than the Rev. Barton might well have sued you for malpractice. Indeed, he will be able to sue you for a long while because of the tolling provisions of CCP § 340.6 (a) (3) (4). I have always stood to gain nothing under any possible condominium sale scenario except for timely recognition and settlement by you of the damage intentionally, recklessly and negligently done to me. Because it would have taken at least 6-8 weeks to contest your refusal to lift the Barton lien, the property fell out of escrow and my leinholders, including one of your clients, Mr. Barton, lost an opportunity for partial satisfaction. Last week, when you again told me that Rev. Barton's interests were better protected by continuing the lien, you again either intentionally or negligently acted below the applicable standard of care. Or does that not apply to a lawyer who represents a whole group of scientologists who cannot later sue either the other co-parties or their joint attorney without being "declared" a "suppressive person" and subjected to the personal, professional and social destruction of the cult's fair game policies and practices? You now demand that on August 8,2001, the day before my property is foreclosed upon by the bank, I bring "any and all documents pertaining to, reflecting or regarding [my real property] located at 1228 11th Street, #202, Santa Monica, CA 90401, including, but not limited to, documents reflecting any transfers of title, grant deeds, sales of the real property referred to herein." Why are you concerned? You will not recover in the foreclosure although you could have. You seized my old Jeep after telling the Court that blue book value was approximately $8,300.00, instead of the actual value of approximately $1,800. I have still received neither accounting of what the vehicle sold for nor any notice of my exempt interest in the proceeds of sale. I am owed $28,000 by Lumin-oZ, LLP. The Department of Labor says that it is too complex for them to proceed with collection of these unpaid wages and that I must file suit myself. However, I cannot file suit because you have had me declared a vexatious litigant. If you were seriously pursuing recovery for your multiple clients, instead of pursuing harassment for your client-employer, you would have also pursued recovery of this asset. But then you would not have the $3,500.00 Jeavons costs award to use for regular depositions and "intelligence" gathering would you? Rather curiously, and relatively recently, an Evan Spiegel, Esq., moved into the condo building in which I am about to lose my own condominium in foreclosure. It turns out that he works for Lavely & Singer which represents John Travolta who Moxon implied provided the $20,000.00 to expunge Cipriano's felony conviction in New Jersey. Just as curiously he recently told my Home Owners Association that he had been meeting with the Church of Scientology's lawyers and that unless they sued me he would sue them. Such blatant extortion by a lawyer reduced several of the women members of the Association to tears. There seems to be an irony in spending hundreds of thousands of dollars in bankruptcy litigation, which along with your fraudulently instigated State Bar complaint against me, keeps me busy virtually ten hours a day, six days a week. Consequently, I could not work even if you and your client/employer/co-conspirators had not defamed me out of any business, charitable or social engagements for the rest of my life. All of your "lawful investigations" accompanied by questions as to recipients knowledge of the [falsely and self obtained] allegations in the First Cipriano Declaration, mandates that even for those with whom the scientology enterprise eventually settles! The cult never ever leaves them alone either. What we have here is a full employment program for Eugene Ingram, other private investigators and scientology OSA, it's DSA's, OT VII committees and other shills. Your puppets over at the State Bar add to the irony by seeking to disbar me for not paying the fraudulently instigated and litigated costs and sanctions awards at a time when your other puppets, Gerner and Wager [a self-confessed criminal participant in this conspiracy which I am now obligated to prove], have forced me from active practice by pursuing a legally and factually baseless prosecution which itself becomes part of the underlying criminal and fraudulent conspiracy that demonstrably commenced on May 4,1994 with Eugene Ingram's visit to Robert Cipriano. This criminal conspiracy continues, to this very day, either in connection with me or with my former clients who include Keith Henson and Michael Pattinson. All of these materials are already with the State Bar in connection with your own (and those instigated by you) bar complaints, which although dismissed were no less knowingly baseless than the current complaint and which were clearly a demonstrable fraud upon the State Bar by members thereof. Of course the State Bar would not agree with me would they? I believe that the evidence shows, inter alia, the most blatant and serious imaginable violations of the following Rules of Professional Conduct: 1-120; 1-400 (C), (D) (1) & (2), (3), (4), (5); 2 - 100 (A); 3-110 (A); 3-200 (A) and (B); 3-210, 3-300, 3- 310 (B), (1), (2), (3), (4), (C) (1), (2), (3), (E), (F) (1), (2), (3); 3-400 (B); 3-500; 3-600 (A), (B), (C), (D), (E), 3-700 (B) (1), (2); 4-100 (B) (4); Rule 4-210 (A); 5-100 (A); 5-200 (A), (B), (C) and (E), 5-210, 5 -220, 5 - 310. However, and only as to my own knowledge, the State Bar has written that it has fully investigated these matters and found no misconduct on the part of the Moxon & Kobrin law firm. Of course, to those familiar with how the scientology enterprise manipulates the legal system this comes as no surprise. Again, it is as well you do not practice law beyond California. Other state's bar regulators would have been outraged by a mere fraction of the evidence I have so far provided the State Bar of California. But then another state's bar regulators might not have told the State Bar Court that the underlying materials were too voluminous to have reviewed, Amazingly, our State Bar's Counsel told the State Bar Court this after sitting with me during my own review of some the Gerner-Wager natter, as well as your own, while she read a novel on the State Bar's time! No, I cannot settle with the State Bar short of vindication. I cannot settle with your organization. It is destroying, intimidating and violating the civil, human, religious and political rights of to many people. Moreover, the Canadian courts awarded $4 million to lawyer Casey Hill for a fraction of this misconduct herein discussed. Similarly, the trial juries in the Christofferson and Wollersheim cases both rendered damage awards of $30 million for far less egregious conduct there. Finally, the Ninth Circuit upheld sanctions of nearly $500,000.00 against, inter alia, Moxon & Kobrin. None of this has effectively punished or deterred this tax-exempt organization. You pleaded with Judge Snyder that I had to be stopped and only sanctions would stop me. For my part, I believe that this on-going obstruction and abuse of process, abuse of human rights, abuse of civil rights, the on-going abuse of woman and children must be stopped. Numerous witnesses testify that as Sea Organization staffers they were ordered to have church required and arranged abortions because children and "family time" interfere with production [of money]. Consequently, I seek vindication, compensation and justice for not only myself, but also for all innocent people harmed by your organization. A settlement cannot achieve that! Moreover, the Pattinson v. Miscavige case was voluntarily dismissed without prejudice because you refused to conduct a settlement conference unless I did so. I acted in good faith. You hired Police Commission Chaleff and filed a successful petition to have me declared a vexatious litigant. You had a judge who would shamelessly perpetrate such a travesty. Accordingly, I see no point in any settlement discussion with the scientology enterprise either and you may convey this letter to the Barton v. Berry mediator. You may treat this letter as my "meet and confer" in connection with motions for protective orders before both the Los Angeles Superior Court and the Federal Bankruptcy Court. Very truly yours, Graham E. Berry From hkhenson@home.com Sat Jul 28 21:59:53 2001 Path: sn-us!sn-xit-03!supernews.com!newsfeed.wirehub.nl!newspeer.monmouth.com!news.lightlink.com!news2.lightlink.com From: hkhenson@home.com (Keith Henson) Newsgroups: alt.religion.scientology Subject: Re: Henson on Berry communications. Date: Sun, 29 Jul 2001 01:59:53 GMT Organization: Temple of At'L'An Lines: 245 Message-ID: <3b726dba.171434637@news2.lightlink.com> References: <3b640db1.146846008@news2.lightlink.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: 28 Jul 2001 21:57:17 -0400, 24.141.40.229 Xref: sn-us alt.religion.scientology:954284 On Sat, 28 Jul 2001 19:12:24 GMT, hkhenson@home.com (Keith Henson) wrote: This one is really the index letter to the rest of them. It failed to post on the first try. Keith Henson **************** GRAHAM E. BERRY 3384 McLaughlin Avenue Los Angeles, CA 90066 Phone: (310) 745-3771 Fax: (310) 745-3772 grahameb@aol.com July 27, 2001 By Hand Terrie Goldade, Esq. Augustin Hernandez, Esq. Deputy Trial Counsel The State Bar of California Office of the Chief Trial Counsel Enforcement 1149 South Hill Street Los Angeles, CA 90015-2299 Re: Case No. 99-0-12791, Complainants: Michael Gerner, Esq., and Donald Wager, Esq. [Real Parties In Interest: Church of Scientology International Office of Special Affairs; Kendrick L. Moxon, Esq.; Helena Kobrin, Esq.; Ava Paquette, Esq.; Elliot Abelson, Esq.; Samuel D. Rosen, Esq.; Donald Wager, Esq.; Thomas Byrnes, Esq.; Eugene Ingram] Dear Ms. Goldade and Mr. Hernandez: Reference is made to your letter dated July 24, 2001. In that regard, I apologize that it has taken me two days to reply. In accordance with Judge Brott's suggestion, I am "getting on with discovery" during the very short interval I have been granted in which to pursue that. I also have to deal, as the victim, with the truly culpable lawyers herein while they press on with the cult's uncompleted agenda against me. In that regard, I enclose a copy of a letter delivered earlier today to the law firm of Moxon & Kobrin. I do thank you for expressing your concerns as to the magnitude of documents that support my objective and subjective basis for filing the lawsuits enumerated in the Tenth Cause of Action. You have told the State Bar Court, and me, that count ten is "the strongest count" you have filed against me. It was my understanding of Rule 182's requirements that I must indicate the universe of documents that will form the basis of my defense and I have done so. It is disingenuous of you to now complain there are too many documents that relate to my "good faith" in filing the relevant lawsuits. However, I also do not believe your review of any of them will provide you with evidence that contradicts and incriminates me. On the contrary, I believe that it all corroborates and exculpates me. It is your decision as to whether you plough through it or not. It is my problem as to how I will cull a digestible and representative selection to offer in summary judgment, or at trial commencing December 11, 2001. Awaiting a summary judgment motion is likely your best discovery approach. Clearly, due process requires that this matter be abated until after your pregnancy leave, and that I am offered a meaningful discovery opportunity herein. It is, of course, your choice when you have children. However, my due process rights should not be secondary to your maternity schedule. Your insistence in that regard is curious after writing, on May 2, 2001, "Please have your response to me by 5 p.m. on May 10, 2001, because I start a new assignment in trials on May 14, 2001, and need to have my current matters resolved before then or they will be transferred to another attorney." Your failure to rotate the matter to another attorney is very curious indeed, in light of the number of State Bar prosecutors who have handled this matter and who did not file charges against me until after it was moved to your desk. It was then that the Cult realized it was Moxon & Kobrin, Abelson, Wager and Gerner who had been caught dropping their (proverbial) professional pants with regard to Mr. Hurtado. Perhaps, we will have to explore the impact of these procedural and other due process issues before the California Supreme Court and, if necessary, beyond. Meanwhile, with the exception of the later delivered Wager deposition, the most relevant pleadings were "provided to the investigator." They were, in fact, voluminous. As you said to Judge Marcus, ". . . too voluminous to review!" Consequently, the State Bar, in concert with Wager and Gerner's hysterical insistence, have filed disciplinary charges that had not been properly and fully investigated. You may now insist that all of this material be delivered to the State Bar, (and yes, given your track record with the cult, I would most certainly have security concerns). If Moxon and the cult can conduct the largest ever known theft of documents from over twelve U.S.Federal Government departments (including the Department of Justice), and be caught by a stupid Saturday night mistake with an access card, how easy would it be to steal documents from the State Bar? Indeed, there is already evidence that they stole the draft Cipriano complaint from my office and a stack of documents from Ford Green's law office as well. I do not have a photocopier for you to use or proper facilities in which you could review the boxes which I am now working with. I do not have a list of what is in the boxes now. However, I was making good progress on the "roadmap" of what I believe are relevant to the pending allegations cross-referenced to the binder-organized sets of relevant documents. This is vital before I will agree to any settlement of the pending matters (if ever) and before discovery can be completed and trial take place. Due process requires nothing less. In that regard, I delivered you the first 84 pages of cross-referenced chronology last Friday. It is about 25% complete as to the criminal, civil, unethical conduct and other time-lined and cross-referenced evidence. I needed about another four weeks of intensive undiverted attention to properly complete the task. However, you have insisted that discovery must now be conducted and the trial completed in 4 ½ months because you have so much personal investment in completing the prosecution of this case. It also has to be tried in accordance with your presumed labor and delivery schedule. Unfortunately, experience teaches us that only God can know when you may actually be delivered of your child and God is unlikely to share this knowledge with us. If we were to wait until after the birth of your child and your six months of maternity leave, you will not be able to pick up the case until next July (2002!). As a result, among other things, of the Wager and Gerner's now dismissed Hurtado State Bar Complaint, I have voluntarily agreed to transfer to "inactive status." So what is the actual problem with according me due process, stipulating to a continuance of the trial date and going off to have your child without the stress of preparing to try a "barn burner" during your third trimester? After all, as Judge Brott commented last week, you do have other counsel on the case! Accordingly, because of your maternity requirements, I have had to cease work on the "roadmap" and propound discovery. That roadmap, and the exhibits, is also essential for my approach to vacate the underlying court orders so demonstrably procured by fraud against a once successful litigator now on public relief. The Cipriano matter has to be extensively documented and briefed to the Presiding Judge before I can even present it to Judge Williams. I may even have to post security. See generally, C.C.P.§ 391-391.7. The same roadmap is required for the Rule 11 motions to federal court in the Hurtado v. Berry and the Barton v. Berry cases. It is also required for the Jeavons and Pattinson courts. Additionally, it is also required by law enforcement. However, as the cult's interests would require, I must postpone all that to avail myself of this very short discovery opportunity. Otherwise, you would successfully oppose any motion I make under State Bar Rule 181 (d) or to continue trial. Being only one person, without any assistance, your maternity schedule has imposed a conundrum and Catch 22 upon me. This is the sort of litigation tactic that the cult elevates to a very fine, abusive and subversive art. Most of the voluminous evidence in this matter is already within one of the many previously dismissed cult complaints against me. I have suggested you access those instead of my having to try and arrange the funds for the formidable cost of recopying them all. Your outrageous response is as follows: "If we understand correctly, you stated during the status conference that you believe that the State Bar has [almost] all of the documents it needs from you, but they are not a part of this file. Rather you want the State Bar to incur costs of pulling all of its files in relation to all of the [false] complaints ever filed [unsuccessfully] against [me] from storage, cull out privileged and confidential materials…You have an obligation to co-operate in this case. If you believe that you have documents relevant to this case, you must provide them. They are your claimed defenses and mitigation; you need to provide the relevant documents." As to your page two, paragraphs 2, 3 and 5, I am only one person working 10-14 hours per day, six to seven days a week (against medical advice that is in your own file) to satisfy your maternity schedule (and the cult's agenda). What would you like me to provide first, bearing in mind the short discovery schedule imposed by your advancing pregnancy? In the meantime, I refer you to page 2 of my December 15, 2001, letter to Ms. Brenda Barnes and Box 3 - Petition for Mandate, volume four, exhibit 21(Reporter's Transcript of Proceedings, Friday, August 20, 1999). It is your right to, " request that the court set up a discovery conference to help us." However, as to "a settlement conference to continue our discussions with Judge Marcus in an attempt to resolve this matter in its entirety", I see no point to this at this time. Perhaps once discovery is completed we can again explore any settlement options. However, the cult's litigation needs dictate a State Bar decision that is terrorizing; which they can use against others and me. I will not willingly stipulate to that at this time. My previous offer is withdrawn. In all of the circumstances, I believe all of your Counts are defensible. However, I cannot stop you from a unilateral dismissal anymore than I could stop complainants Wager and Gerner's client-cult's dismissal of the two Hurtado v. Berry cases and the Church of Scientology v. Fishman & Geertz case. Finally, regarding your reference to the criminal aspects of what is before the State Bar, my July 20, 2001, letter and enclosures went to certain local law enforcement officials. I am not submitting further materials to the FBI and Attorney General's office until the Crime Timeline is substantially complete. Why is this of concern to you anyway, in all of the unusual circumstances of the State Bar's handling of this unique and exceptional matter? I am ready to discuss these matters further with you. I wish you a pleasant weekend. I shall spend mine engaged in preparing discovery to propound herein. On a personal note, I do wish you the very best with your pregnancy and family. I truly hope that your child never suffers what so many other children have suffered at the hands of this destructive cult. Similarly, I hope that you are never a grieving parent who has lost her child and family to this or any other cults' insidious tentacles. If you are, please do not call the Cult Awareness Network. Moxon, Kobrin and the Church of Scientology used "the Bowles & Moxon Plan 100" and Jason Scott to bankrupt and takeover that cult information resource. It now operates as a "false front " for the Church of Scientology. Call CAN for help with your cult-involved child and instead you will receive "fair game" harassment from the Church of Scientology, its attorneys and private investigators such Moxon, Kobrin, Paquette, Ableson and Ingram. There are countless parents who never thought it would ever happen to either them or their children. I pray that this never happens to you! Very truly yours, Graham E.Berry Enclosure: Letter Berry to Parquette, July 27,2001. Cc: Augustin Hernadez, Esq. Michael Nisperos, Esq. Chief Trial Counsel State Bar of California