Alt.religion.scientology Week in Review Volume 2, Issue 4 05/04/97 by Rod Keller [email@example.com] copyright 1997
Alt.religion.scientology Week in Review summarizes the most significant postings from the Usenet group Alt.religion.scientology for the preceding week for the benefit of those who can't follow the group as closely as they'd like. Out of thousands of postings, I attempt to include news of significant events, new affidavits, court rulings, new contributors, whatever. I hope you find it useful. Like many readers of a.r.s, I have a kill file. So please take into consideration that I may not have seen some of the most significant postings. The articles in A.r.s Week in Review are brief summaries of articles posted to the newsgroup. They include message IDs for the original articles, and many have a URL to get more informtion. You may be able to find the original article, depending on how long your site stores articles in the newsgroup before expiring them. Free A.r.s Week in Review subscriptions are available, just email me at firstname.lastname@example.org It is archived at: http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/ars-summary.html http://user1.i1.net/~mallen/scn/arswr/ars-summary.html http://users.aimnet.com/~jdiver/scieno.htm http://www.thur.de/religio/publik/arsfaq.html #####
David Gerard posted a flyer from Scientology providing dead agent material
"You've seen the media on Heaven's Gate and rightfully been alarmed. But perhaps as disturbing are the actions of various individuals and groups in Australia who use questionable and sometimes immoral and unlawful methods to control others.
"For example, there have recently been a number of unlawful kidnappings and detainments in Australia. One that occurred in Queensland in 1996 involved a young man held prisoner in a barred-up farm house. His tormentors then fled the country with heir cash but the perpetrators have gone unpunished.
"VICTIMS OF CULTAWARE represents those whose lives are under attack or have been shattered because they dared to believe that they could improve their lives and took steps to do so. We stand for their rights to live freely. There is evidence that certain people may have been involved in unlawful, disreputable or improper acts like that above or may be affiliated with others that have committed such.
"One small but frightening operation is known as CultAware. It is reputedly assisted by figures such as a psychiatrist recently disgraced at the Woods Police Royal Commission. Much of its operations are conducted secretly out of the public eye but it is well known to be behind a number of smear campaigns against individuals and organizations as well as condoning and supporting others whose illegal deeds are well documented."
Marianne Tveitan announced the removal of her Operation Clambake mirror
due to threats from Scientology to sue her Internet provider.
"My ISP has received a letter from the Co$ that they _will_ sue him unless the pages were taken down yesterday. I closed the site as I can't follow up on this as closely as I'd want to, and would rather like to wait until I can. But the mirror will be back up again in (a short?) time.
"OSA: just don't think you won a victory over me because of this! I will continue to spread the word that $cientology sux, and I will be back shortly with the NOTs and the rest."
Dennis Erlich is again the target of Scientology in his child support
battle with his former wife Rosa, who is currently a Scientologist.
"Dennis joined IRC, and mentioned that his wife Rosa and her scientology attorneys had gone to the District Attorney of San Diego county, and under some recently enacted state law, are demanding that Dennis pay an additional $200/month in child support. This is in addition to the $375 he is currently paying, that is already described as onerous for an unemployed person by one judge he has come before.
"This is still one more attempt by Scientology to use Dennis' daughter, Holly, as a means to destroy Dennis, if they can. Those who have followed the matter remember that earlier this year, they tried to get Dennis jailed for late payment of child support. I and at least one other person put up a substantial amount of money to enable Dennis to retain an attorney, and defeat this attempt. Scn subsequently tried to re-raise the issue before another judge. I and others again put up money to support his legal response to this, which he expects to be rebuffed with sanctions against Scn for shopping the issue so blatantly.
"I will obtain a Post Office box, and open a bank account under the name 'Friends of Dennis Erlich Club', and take such other steps as are necessary to bring this to reality. It is worth noting that Holly will turn 18 in January 1998, at which time child support would normally end."
The French government replied to a Scientology brochure by warning
educators about Scientology, according to the Associated Press in an
article this week.
"A letter entitled 'Vigilance regarding sects' was faxed by Education Minister, Francois Bayrou, to regional education chiefs on Friday, after many French schools received magazines explaining the Scientology method of teaching. The ministry said around 5000 glossy magazines, with a photo of the Church of Scientology founder L. Ron Hubbard on the cover, were sent from Britain on Tuesday to schools and education administrators across France.
"In his faxed letter, Bayrou asked school principals to 'exhibit the strongest vigilance and the greatest firmness' against the methods proposed by L. Ron Hubbard. The Scientology brochure was entitled 'Education, literacy and civilization,' and proposed a 'universal teaching method' to combat illiteracy, ministry spokesman Daniel Groscolas said."
Grady Ward held an unproductive deposition with RTC president Warren
McShane this week, as Keith Henson reported.
"He showed, but the demands they made, me leaving and Grady getting no record to use were unacceptable to Grady. We tried to get in contact with Judge Infante, but he was busy in trial that morning and did not get back to us in the afternoon. Thus, nothing, though a little was put on the record between Mr. Hogan and Grady about the situation. Since deposition was supposed to be finished by today, I suspect that Judge Infante will not be pleased."
Grady posted a ruling by Judge Infante this week ordering the return of Scientology's phone records.
"The discovery sought by Ward relating to RTC's phone records implicates the privacy rights of individuals whose phone numbers appear on the records. While federal law does not expressly recognize a privacy privilege in connection with telephone records, federal courts typically balance the need for the information sought against the privacy interest asserted. Ward has made no showing of a need for the information or that the information is relevant to the subject matter of this action.
"RTC's motion for an order to show cause why sanctions should not be imposed is DENIED. Ward shall make no use whatsoever of any information which he learned from the records."
Scientology is, however, seeking Grady's phone records for a number of individuals.
"They have asked Magistrate Edward A. Infante to supply them the date, time, and duration of any contacts I may have had with them.
"H. Keith Henson, Arnaldo Lerma, Zenon Panoussis, Johan Wevers, David Touretzky, Steven Fishman, Karin Spaink, Deanna Holmes, Robert Vaughn Young, Dennis Erlich, Andreas Heldal-Lund, Morrison & Foerster, Graham Berry, Ford Greene, Daniel Leipold."
Keith Henson filed a motion for Reconsideration this week, seeking to
overturn the Summary Judgment against him.
"As the Court may be aware, in spite of orders by Magistrate Judge Infante and this Court, the deposition of David Miscavige has yet to occur. Though defendant is skeptical, it might occur at a time and place now set. However, given the interpretation plaintiff's counsel places on the protective order in this case (and the Ward case), it is not apparent to defendant how defendant could file or make use of information obtained in a deposition. Plaintiff counsel Thomas R. Hogan insists that the protective order precludes defendants from possessing copies of deposition tapes or transcripts, and that access to the transcripts be limited to his office.
"In view of this crippling limitation, defendant has elected to ask for a reconsideration based on material facts, which, in spite of the diligent efforts of the defendant, had not been located at the time of the order.
"At the time of the hearing on April 11, 1997 the Court was reluctant to accept the ruling of Special Master Judge James Kolts, in spite of Mr. Milgrim's statement on the record 'I believed that it took effect.' Subsequently defendant has discovered that the case in which Judge Kolts was the Special Master went on appeal to the Ninth Circuit, and while Judge Noonan demurred on this very point, the other two Judges as well as District Judge Tashima adopted the Kolts ruling. District Judge Tashima made that clear in writing that '[t]he prior work-for-hire doctrine ruling effective foreclosed any right on Mayo's part to make any claims of authorship or ownership regarding the NOTs materials.' These actions by the District Judge and two of the three appeal Judges affirmed Judge Kolts' decision that NOTs (of which NOTs 34 was one) were done as a work-for-hire for C.S.C., a currently bankrupt corporation neither listed as an author on the copyright registration nor named in this litigation.
"In spite of Mr. Milgrim's statement that RTC was looking for the transfers from C.S.C. to RTC and 'We can supply it to you.' the defendant has not been noticed that transfer documents for the interest C.S.C. has or had in NOTs 34 have been filed.
"While defendant believes that RTC has failed to 'establish the existence of an element essential [a truthful and therefore valid copyright certificate] to that party's case,' and that the Kolts ruling affirmed by the Ninth Circuit supports that view, defendant would also like to call attention to the plain reading of the copyright statues where leasing a work from one party to another for further distribution is one way 'publishing' is *defined* in the copyright act. The RTC has presented documents which clearly state that it has leases NOTs from CSI, and further distributes copies to a number of 'Orgs.'"
A St. Petersburg Times article this week updated the investigation into
the death of Scientologist Lisa McPherson in the Ft. Harrison Hotel in
"More than 50 people have been questioned in what police are calling an 'expansive' investigation into the unexplained death of Lisa McPherson, a 36-year-old Scientologist. Although more interviews are planned, police say they expect their work on the case to end 'soon'' but refuse to be more specific.
"Police say they have questioned more than two dozen church staffers, all of them accompanied by lawyers. 'Interviews are being conducted of witnesses who were responsible for Lisa's care during her stay,' said deputy Clearwater police Chief Paul Maser.
"Others interviewed by police include paramedics, doctors and hospital employees involved in McPherson's care before and after her stay at the Fort Harrison, police spokesman Wayne Shelor said. Many of the 50 people questioned gave statements under oath, while others talked to police in less formal interviews, Shelor said."
Scientologists claim the marks on Lisa McPherson were not caused by
cockroaches, as suggested by Dr. Joan Wood, the medical examiner in the
case. Flag Orders #2548, 31 August 1970 and #2624, 23 November 1970 were
posted this week which show cockroach infestation to be a recurrent
problem in Scientology. The orders were written by L. Ron Hubbard.
"To get rid of roaches you have to get all stray food, food crumbs, food stains out out out, especially in dark corners and under and at the back of things. If this is done and the place is kept properly insecticided (no DDT works any more) there will be no more roaches."
"Roaches come from nests where they breed. These nests are always (a) Straw, such as that used in packing wine bottles. (b) Cardboard cartons. (c) Old timber.
"A relentless search for and destruction of all potential breeding areas will get rid of all roaches. For example, roaches were swarming in the B deck forward galley area. Coke cartons were found and destroyed and roaches reduced. Then a big fancy cupboard built for us was found to have a wood back that served as a roach haven. It was removed. Roaches diminished.
"In the Prom Deck bar area, where powder had continually been used, the roaches were swarming. A search of all cartons found the straw of wine bottles being used as a nest. The straw was all removed. Powder was then used. Roaches vanished in the area."
London's Tottenham Court Road org was again the site of an unannounced
picket this weekend. Protester Roland Rashleigh-Berry was assaulted by a
Scientologist during the event, but no charges were pressed.
"There should be a photo on the Internet soon with my face covered in blood as it is at the present. According to a bit of a rethink I am SP 5 now. I hope so. I still have blood trickling out of my nose and I think I deserve it."
John Ritson reported the day's events.
"The guy on reception made endless phone calls, pleading for help, another clam closed the front door and they went into the usual headless chicken mode. Protesters gave them extracts from the song book 'The House of the Grasping Clam' etc. Eventually 'higher authority' must have persuaded them that they were being 'non-confront' and they emerged to hand out copies of 'Freedom' (the anti-German issue where the Public Affairs Director talks about the 'Nazi regime of the 1920s and 1930s'). After about 45 minutes, reinforcements had arrived and they felt bolder. Roland Rashleigh-Berry was handing out his Xemu leaflet next to the door of the org when one clam grabbed a dozen leaflets or so, ripped them up and tried to stuff them down Roland's shirt. Roland pushed him away and was then punched repeatedly in the face by the Scientologist. Pictures of his blood-spattered face will soon be appearing on the Net. Unfortunately there were no police present at the time (they had been there soon after the start, called by the Scientologists, and were there after this incident). The incident was notified to the police by Roland, but he decided not to press charges of assault or actual bodily harm. In a case like this with no 'neutral' witnesses a magistrate would probably just bind both parties over to keep the peace, or fine them each a few quid."
Robert Vaughn Young
Robert Vaughn Young this week reported threats against him for his recent
postings to a.r.s asking for original Scientology bulletins.
"I have received threats by email and telephone that are being turned over to the Seattle Police Department. Attorney Graham Berry, who represents the defense, has received a letter from counsel for the plaintiff that loudly protests my post. The letter, dated May 1, 1997, is from Samuel D. Rosen, of the firm of Paul, Hastings, Janofsky & Walker, on Park Avenue, in New York City. In the letter he calls me an 'alleged 'expert'' and protests my solicitation of 'copies of original directives.'
"'Indeed, given the criminal proclivities of some of the denizens of the Internet, who have already posted falsified 'scriptures' as purportedly authentic documents, Young's posting is a clear inducement to the further creation of forged documents. Young would be well-advised to immediately cease any further solicitation and to disavow the posting he has already sent. Plaintiffs will not sit idly by while your agents add to the very harm this litigation has been brought to resolve. The moment Young's actions are found to result in any new violation of plaintiffs' intellectual property rights, the appropriate legal measures -- up to and possibly including seeking leave to amend the complaint to add you both and any other co-conspirators as defendants -- will be taken.'
"I am not seeking 'copies' of this material, in the sense that I am asking someone to go to a photocopy machine and make a photocopy. No. I am seeking the 'originals' as I described them in my original posting. I will repeat this: HCOBs and HCOPLs and other directives were made available to many people either for free or for a price either for educational purposes or for a course the person was taking or any other reason the person had to obtain the material."
Zenon Panoussis this week revealed a deal he offered to Scientology to
resolve the dispute over OT and NOTS documents in Sweden.
"The CoS admits officially and irrevocably that the OTs and NOTs have been legally published according to Swedish law. The consequence of this is that the scriptures can be copied for personal use, can be lended by libraries, can be quoted etc. Furthermore the CoS drops all pending cases against me.
"In return, I admit copyright infringement through the net in the summer of 1996 and I agree to pay a purely symbolical tort. Moreover, I agree to abstain from future massive reproduction of the scriptures or their distribution to the public."
The deal was not accepted by Scientology, and Zenon has begun posting confidential materials to a.r.s.
"I spoke with Magnusson yesterday. He said that the RTC were willing to settle with me and that my proposal was generally acceptable, except for one detail: my demand that the RTC declares that the OTs and NOTs have been legally published. The RTC wished to 'leave that part completely out of the settlement agreement'.
"So what the RTC really suggested is that I admit copyright infringement, not pay any damages and we both lay down all litigation. Well, that is exactly what would happen if we continued litigation and I lost completely. In other words, what they said is 'we are willing to agree to both eating the pie and having it'. Magnusson seemed quite disturbed by the fact that I made my settlement proposal public. I'm sure the RTC even had gag agreements in mind.
"I told Magnusson what the alternative to settling would be and I was very clear about it. As the RTC turned down my proposal, I must assume that they prefer the alternative. So here it comes:
"The OTs and NOTs follow in separate postings. By the time this posting reaches the net, I shall be in the underground (subway) handing out OTs and NOTs to random passengers."