Alt.religion.scientology Week in Review Volume 2, Issue 11 06/22/97 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://www.thur.de/religio/publik/arsfaq.html http://home.sol.no/heldal/CoS/archive/WIR/ -->changed http://www.i1.net/~mallen/scn/arswr/ars-summary.html #####
Andreas Heldal-Lund reported that Scientology management consultant group
U-MAN may be preparing actions actions him.
"U-MAN is working on something I hear to make me stop me mailing their clients telling them about the connection to Co$. But they sure are slow! Maybe _they_ will sue me instead? I got them and I'll send out even more and longer letters to the rest of their clients!"
Court documents filed by Janice Hayward were posted this week. Janice is
suing Scientology for a refund. Janice also alleges physical force used
against her by staff members.
"I contracted with the Church of Scientology Phoenix Organization to become a Dianetic Clear and the Special Price was $25,000. I was guaranteed results or my money back. Both written and verbal agreements were broken to extort more money beyond the agreed upon price. John DeNiro, a staff member said that I was 'a mark' on 24 Dec. 1991. He meant that they were just out to take my money.
"In February, 1995, I was told by Karen Mosher, Acting Executive director, and John DeNiro a staff member, that I could not receive the Dianetics program. My contract was broken and I was put out. My financial and counseling records were altered, and I was charged excessively, over and over again, and then kicked out with no refund.
"Therefore, I ask that a judgment be awarded me in the amount of $67,000 for actual financial harm, plus court costs and attorney fees. In addition, I ask that a judgment be awarded me in the amount equal to three times my actual financial losses as punitive damages for the physical and mental stress I suffered.
"On or about 21 Dec., 1992 I was assaulted by Wendy Keene, Ethics Officer. Mary Sugher, Secretary, tried to physically force me to stay at the Church of Scientology against my will. She called for Wendy Keen and Kathy Bennett, a Division 6 Supervisor, to attack me. Kathy ran off, but Wendy slammed me repeatedly into the wall in the back of the church for over half an hour. Finally, John DiNero, a staff member, came in and made her stop. I confronted Mary Sugher about the assault. She told me that L. Ron Hubbard's policy states that it is all right to physically assault people.
"Since this assault, I have experienced disabling migraine headaches and continuous chiropractic care on my neck. I was harmed so much that my condition has caused me to miss work, and it has affected my ability to work steadily on my job. My condition has forced me to miss work. This situation has ended ultimately with the loss of my job.
"On or about 19 July, 1991 Jon Luc, the Academy Supervisor, showed me a silver, semi-automatic pistol, of unknown caliber, that was kept by the church to use on people. He told me that 'people had been taken to the dessert [sic] and shot because they posed a threat to the church.' My experience with them has made me fearful for my life."
Arnie Lerma was denied a motion this week by Judge Brinkema, in part
asking that Scientology not be declared the "prevailing party" for the
purpose of assigning court costs.
"Although RTC did not successfully litigate all issues, it did clearly prevail on its copyright claim, and did obtain an injunction which, with a few modifications, it vigorously sought and the defendant opposed. Unlike much civil litigation, this lawsuit was not so much about damages as it was about protection of property interests. These property interests were recognized in the Court's Judgment and RTC was vindicated. Therefore, the Court is fully satisfies that RTC should be treated as a prevailing party.
"As to the alleged erroneous factual findings, Lerma argues that RTC submitted 'misleadingly 'cropped' exhibits' with its summary Judgment motion which mislead the Court into finding that:
"Lerma's copying included 'blatant reproduction of' L. Ron Hubbard's authorship lines and Lerma made verbatim copies leaving off the word 'Confidential' and copyright markers.
"Lerma argues that the Court was lulled by RTC into making these findings because the exhibits submitted by RTC were inaccurate excerpts of the entire downloaded file taken from Lerma's computer. If the Court has examined the entire 400-page file, it would have seen that 'nothing in the headers of the postings gave any indication that the material to be downloaded contained any copyrighted material.'
"This has been a very intensely litigated lawsuit with voluminous submissions. For defense counsel to ask the Court to revisit two minor, non-prejudicial factual findings in post-Judgment proceedings is an abuse of both Fed. R. Civ. P. 59 and 60. Moreover, although the defendant began his motion with a clear disclaimer of any interest in having the Court reverse its decision, his argument strongly suggests that he is being disingenuous. In fact, defendant appears to ask the Court to reconsider the entire underpinning for its decision. That would be a waste of judicial resources. The Court has already ruled on the merits of this case and it is not appropriate for defendant to reargue issues either already presented or which could have been presented at an earlier time."
Mark Dallara reported this week from downtown Clearwater that
Scientology's announced change of uniform to other colors has not been
"On my way to the beach, and back through later tonight, I noticed a number of Sea Org fuckheads walking around - the uniforms were the same as always. No raspberry and no beige in sight. At one point, when I crossed Ft. Harrison Ave., I saw a group of about 40 or 50 of them on the sidewalk, waiting to cross the street."
Portions of the deposition of Dr. Robert Davis, the physician who
performed the autopsy of Lisa McPherson, were posted this week. The
Scientology attorney asking the questions is Sandy Weinberg. [snip] in the
excerpts below indicates conversation from different parts of the
"A At some point -- and I don't honestly recall the exact date, but it was in December of '96 -- there were, on two consecutive days, two phone calls to our office and I don't honestly recall -- I'm not sure whether this was sent initially and then the calls or vice versa. he might just have faxed this and then the calls came or --
"Q Who were the calls from?
"A From Dr. Wood with Larry Bedore in her office.
"Q And what -- can you describe for us what took place in those calls?
"A Well, one, they were initiated, as I think I said, by them; number two, to the best of my recollection, she said for me not to talk with anyone.
"She expressed concern that this case and I had looked at that and I commented to her that I noted that she signed it, and I believe it was Mr. Bedore that said and -- something to the effect that I was also involved. And, in essence, Mr. Bedore alluded to my also being involved.
"Okay, then she -- then I think it was the second day that she told me -- or on the second phone call, that's what I mean, which occurred the next day -- that she was sending me my personnel records and this also -- I mean, Mr. Bedore was in the room. After that conversation, I tried to add the thing up and I just -- it just -- it didn't sound right, and I believe it was the next day that a FedEx thing came addressed to me; it was brought in by the secretaries at the front desk and was given to me and I put it in my office and I did not open it.
"Q Did you send the package back?
"A Yes. My attorney handled the situation in cooperation with the office, including such things as, but perhaps not restricted to, conversation with Dr. Wood's attorney, making it very specific that, one, we were sending that package back unopened; two, we were not accepting or verifying or making any conclusions as to what was or was not present in the package, not knowing that; number three, that this was going to come back via courier, okay?
"A courier came one evening around 6:00 and this guy -- you know, he was a regular cabbie, okay? He wasn't a courier, he was a cabbie, and this was the decision made, correct me if I'm wrong, I guess by Dr. Wood or her attorney -- I don't know -- anyway, but I'm sure he hadn't been through the third degree like he was there. He had his picture taken. He had -- you know, they had him make a signature thing. They had a copy of his driver's license. They had him make a statement that, as far as he could see, it hadn't been opened and all this other stuff, and all this was videotaped."
"Q Okay. Now -- now the last sentence says -- last two sentences -- 'Because of the passing of several hospitals, and independent investigation is being set up by the Clearwater Police Department', and then it lists two detectives; and then it says, There may have been a history of a religious rite, which is quotes, associated with the scientologists concerning a purification involving vitamins and minerals, although this information -- it says 'at this' is questionable. 'At this time', it probably means, is questionable."
"Q Okay. Thrombuses (sic) are not easily detected, are they?
"A No, that's too broad a statement. It's a function of the locale, size, et cetera, in some cases.
"Q And the patient.
"A And the patient, yes.
"Q So that if a patient were a person that was intelligent and alert, not drugged, you know, not medicated in a hospital, he may be -- he or she may be able to feel a sensation that would lead a doctor to examine whether or not there's a thrombotic condition --
"Q But if a patient were psychotic, mentally disturbed, you may not have that kind of cooperation from a patient what would allow a doctor or someone to identify a thrombotic condition?
"A Psychotic people would be psychotic."
"Q So I mean, if you had -- if you had information, for example, that Lisa McPherson was drinking protein shakes and water and stuff like that, is that the kind of circumstances you're looking for?
"A No, I'm looking for you just to possibly -- well, I think dehydration was significant. I don't know that I can be unequivocal relative to it versus a thromboembolism as an immediate cause of death."
"A The vitreous are the predominant ones, and I must say I don't have -- I don't have any independent recollection of why urine was listed on the --
"Q That was done a year later.
"A Oh, okay.
"Q The urine was done after you left."
"Q Does it make any difference in the final results, the validity of the final results, whether the sample has been sent immediately to the lab or a period of time, weeks or months has passed?
"A Oh, weeks or months, yes.
"Q And what's the difference that it makes?
"A Well, certain values can fall off and certain values can be altered and we'd probably have to go to a textbook with regard to the numerical variation of whatever it was. I don't know that I can answer it in greater detail.
"Q Now can you see when that test was actually run? February 1st, 1996?
"A Yeah, right. Run date -- or run time 12:43.
"Q All right. Do you know why it took until February 1st, 1996, to do the analysis of the vitreous?
"Q And a bruise like that is consistent with -- I mean, one can get bruises like that from traumatic evens like automobile accidents; is that correct?
"A Any blunt force can give you a bruise.
"Q Now trauma to an extremity is a common cause for creating a thrombus?
"A It might be associated with it.
"Q Now the thrombus like the one that you found behind the left knee of Lisa McPherson --
Dennis Erlich reported that his daughter Holly may be providing testimony
"I have been told, through a reliable source with verified connections inside the cult, that the scienos intend to get my youngest daughter, Holly, when she turns 18 in January, to write (and I suppose, file) a declaration detailing how I molested her. The threat of this is suppose to displease me. Quite the contrary. I would really like to see in detail what she has come to accuse me of doing to her. I told the source of the threat precisely that."
Lee Thompson-Herbert provided a possible reason for waiting until she is 18 years old.
"If she filed while she was still under 18, Child Protective Services would be required by law to investigate. And they'd probably find out a whole lot more about the girl's mother and the environment in the cult than they'd find about Dennis. CPS is used to seeing all sorts of weird (false) accusations made during custody disputes and divorces.
"The only point of filing _after_ Holly turns 18 would be to smear Dennis' name. CPS can't investigate it, and she can't file _criminal_ charges for child abuse. She can, however, tie Dennis up with yet another civil court case, this one with all sorts of lurid details."
Several news items were posted from the Scientology magazine Good News
this week. Included is the news of a new Scientology front group, Ebony
"The spectacular new addition to the RON Series, 'RON Letters and Journals', was presented by LRH's Biographer, Mr. Dan Sherman, at the LRH Birthday Event in an awe-inspiring full length feature presentation of Ron's life. This multimedia performance with live musical accompaniment, hundreds of never before seen photographs and footage from Ron's life and adventures, brings deeper appreciation of what he has done for all of us and for mankind."
"Also echoing appreciation for the results of LRH tech in society were the Governor and General Secretary of the State in the Venezuelan state of Lara. They proclaimed, 'The Governor's Office of the State of Lara in Venezuela presents this to L. Ronald Hubbard, Educator and Philosopher. In recognition of his administrative technology, which focuses on the improvement of organizational management, and in gratitude to the Hubbard College of Administration in Venezuela for its assistance in support of our government'."
"'A pilot program using 'The Way to Happiness' was conducted with 900 school children over the past five months in the Baja schools. The results were so impressive that the Governor of Baja just signed into LAW that all students in the state are to do 'The Way to Happiness' program over the next three years. That's 1.2 million children enrolled!
"In Ensenada, Mexico, a team of Honorary PRO's [specially trained church of scientology Public Relations Officers] organized 'The Way to Happiness Gang Mural Contest'. Instead of defacing Ensenada's walls, these graffitieros, or 'graffiti artists' from throughout the state of Baja California, Mexico, spray painted them with murals depicting 'The Way to Happiness' precepts. When the contest was over, the city of Ensenada had 23 large 'Way to Happiness' murals. And the contests judges - world renowned musicians Billy Sheehan, Eduardo Palomo and Carina Ricco and two penal court judges - awarded the proud winners.
"Norwegian HPRO [Honorary Public Relations Officer] Dan Viggo Bergtun visited his country's Defense Minister, Mr. Jorgen Kosmo, to present 'The Way to Happiness' to him and to show him its value in improving society. Mr Kosmo instantly grasped its potential. His promise to read the book thoroughly and to report back to Dan Viggo was faithfully kept. He recently told of his lectures and seminars, in which he regularly focuses on the precepts of 'The Way to Happiness'."
"With an executive board of highly trained and audited Scientologists, the group is dedicated to increasing awareness and application of Dianetics and scientology in the black community. And now the group is spearheading the opening of the new Crenshaw Scientology Mission in the heart of the historical African-American Crenshaw district in L.A.
"Ebony's president, Gloria Rusch, renowned jazz vocalist, Clear, and Book One Auditor, has been working on the Crenshaw opening with other Ebony members, Linda Griffin and Larry Bosley, both of whom are Clears and on the Saint Hill Special Briefing Course.
"'So, Ebony Awakening decided we'd better get Scientology being actively applied in the area to bring it back up again. We started a literacy program using LRH's Study Tech, in the Crenshaw Praise Sanctuary Church. And the response from the miracles that occurred there with people's study problems led to a big demand for Study Technology and Scientology and Dianetics in general. Our new mission will be located just a few blocks from the artists community there - African art museums, galleries, jazz clubs, theaters, and more. We are right next to the new Magic Johnson theater complex - slap bang in the middle of everything.'"
Keith Henson was issued a permanent restraining order this week, following
his loss by summary judgment.
"IT IS HEREBY ORDERED, ADJUDGED and DECREED that defendant H. Keith Henson, his agents, servants, employees, and attorneys and all persons in active concert or participation with him who receive actual notice of this order by personal service or otherwise ARE HEREBY PERMANENTLY RESTRAINED AND ENJOINED from:
"[Persons in active concert are ones who knowingly assist or encourage the defendant in accomplishing the prohibited acts or commit the prohibited acts with the assistance or encouragement of the defendant.]
"directly or indirectly, in whole or in part,publishing, reproducing, distributing, performing, or creating derivative works based upon, the copyrighted Advanced Technology works, including the Exhibit B works attached hereto, or any of them, in any media now known or hereafter developed in any time, place or fashion, and in particular from engaging in any such acts in, on, or in connection with any computer, database, information service, electronic bulletin board service, network, storage facility, or archives, or other electronic or computer device, service, network or facility, including, without limitation, the transmitting or loading of any such materials onto, or downloading any copies of them from any such device, service, network or facility and that all such copies which defendant, his agents, servants, employees, and attorneys and those in active concert or participation with them have caused to be copied or copied onto any such device, service, network, or facility be removed;
"Nothing in this order shall be construed to prohibit use of the Works to the extent use is permitted under 17 U.S.C. Sec. 107. Nothing in this order shall prevent defendant from downloading and storing the Works for the sole purpose of gathering information for his defense in this case."
Keith was also fined $250 by Judge Infante for filing a frivolous motion, without asking permission to file it, in violation of local rules.
"On June 13, 1997, Defendant H. Keith Henson filed a motion for reconsideration of this court's June 4, 1997 order denying Henson's expedited motion for sanctions regarding the deposition of David Miscavige. The motion for reconsideration is DENIED. Civil Local Rule 7-9(a) provides that '[n]o party shall notice a motion for reconsideration without first obtaining leave of the court to file the motion.'
"Moreover, the motion is frivolous. Therefore, the court, on its own motion, imposes monetary sanctions on Defendant Henson in the amount of $250 for his violation of the local rules, and for the filing of a frivolous motion. The sanction shall be paid to the clerk of the court no later than June ____ 1997."
Lisa Marie Presley
Lisa Marie Presley is apparently funding the costs of the legal team in
the Lisa McPherson case.
"The Lisa McPherson litigation is certainly costing a lot of money, with virtually every criminal defense lawyer in Tampa representing a Scientologist or two, plus the civil team attending lots of depositions. But it's not costing Scientology any money at all. The entire cost of the case is apparently being covered by Lisa Marie Presley."
The supermarket tabloid Star carried a story this week on Lisa Marie Presley and Lisa McPherson.
"Troubled Lisa Marie Presley has been living under the iron grip of Scientology - and friends fear she may be a danger to herself. Warning flags went up when Lisa Marie, 29, was hospitalized recently near her Florida home with stomach, liver and bronchial infections, soon after undergoing a grueling Scientology ritual known as 'cleansing'.
"Lisa Marie had a cholesterol count so high, doctors feared she could end up having a stroke or heart attack. She is under constant observation from church members who virtually never leave her alone. Once Scientologist pal even climbed into her hospital bed with her. During her hospital stay, STAR has learned that the 100-lb young woman had an alarming high cholesterol level of 490. Doctors say healthy cholesterol levels usually average around 200. The Scientology cleansing program can consist of ingesting megadoses of vitamins and sitting for hours in saunas, which can cause dehydration.
"One of the strongest warnings against Scientology has come from the family of Lisa McPherson, who lived on the same street as Lisa Marie - and who they say died at the hands of church members. The woman's dehydrated body was delivered to a hospital 30 miles away by a van load of church members. Answers to why she died have never been forthcoming.
"Ken Dandar, the lawyer representing McPherson's family, tells STAR from his office in Tampa: 'My recommendation to any Scientologist would be to get out as fast as you can.' He says Lisa McPherson was trying to get out when she died, and claims in the lawsuit her death was caused by a church technique called 'introspection rundown.' 'In such cases the Scientologists follow a program of keeping the person in isolation till they snap out of it. But Lisa would not listen to them, and her health went down and down and down until she slipped into a coma.'
"Old friends of Elvis are concerned about Lisa Marie's obsessive involvement in Scientology - especially since the King was one of the most vocal critics of the group before he died in 1977. The Scientologists once tried to recruit Elvis, Fike says. He recalls that Elvis fumed: 'The hell with those people. There's no way I'll ever get involved with that s.o.b. group. All they want is my money.'"
Clearwater Real Estate
The St. Petersburg Times reported that Scientology has purchased two
buildings in Clearwater.
"Scientology bought two properties, one the defunct Traveloge that spans between Park and Cleveland Sts. paying $475,000. This is to be used to house visitors. The other property was the former Fraternal Order of Police building located on 650 Court St. for $420,000. This is to be used to house planners for the new 'Super Power' building, a multi-million dollar project to be erected across from the Ft. Harrison. Scientology now owns 25 properties in Clearwater with a value, excluding the purchases announced today, of 29.8 million dollars, 19.3 of it tax exempt. The spokesman for the Scientologists was Brian Anderson.. The front company used in the purchasing was WLE corp. of Orlando."
Zenon Panoussis reported that one of the copyright infringement cases
against him has been dropped.
"I just received a decision by which the prosecutor terminates the criminal investigation against me for copyright infringement in the summer of 1996. The motive is that the scienos, although urged to and having promised to, have not presented their material to the prosecutor, with the result that he cannot judge whether infringement actually took place or not and yet less prove it in court.
"In principle the investigation could be reopened, should the scienos decide to present their sekrit skripures to the prosecutor. But they would in such case risk that the investigation proves me positively not guilty, which might be even worse for the CoS than this actual decision."