1. I am over the age of 18 years. I am a resident of Broward county, Florida. I have personal knowledge of the matters specified in this affidavit and, if called upon to do so, could and would testify competently thereto.
2. I am a licensed private investigator in the State of Florida, license number C8900676. I am a retired police officer for the North Miami Police Department in North Miami, Dade County, Florida. At the time of my retirement from the city of North Miami I was a homicide detective in the detective unit of that department. I have testified in numerous criminal and civil cases and have experience in evidence collection and presentation.
[Retired police officer, now a private investigator, working for Scientology. Any connection with Eugene Ingram?]
3. In the fall of 1994, I was retained to hand serve on David and Julia Mayo their copies of a civil summons and complaint by the Church of Spiritual Technology against the Church of the New Civilization, David Mayo and Julia Mayo.
4. During the three weeks I spent attempting to serve the Mayos, in the Dominican Republic and Miami, one incident was memorable. I was in Puerto Plata, Dominican Republic, attempting to serve them at their residence on October 5th. Their home was being guarded by a machete-carrying local named Chago. The house was dark and apparently empty but I had reason to believe they were on the island as they had been seen riding on their motorbike.
[The Mayos were at home on the night of the 5th. We were not aware of her visit. Had Dellerson visibly approached Chago or spoken, he would have advised us. We left for Miami the next day, October 6th, to attend medical appointments made in September, 1994.]
5. The next day, on October 6th, I returned to the Mayos' home to make another service attempt. Due to the armed guard at the entrance, and their personal armed guard, Chago, I was accompanied by an off duty police officer to assist me in the attempt. Chago informed the police officer and me that the Mayos were on the island, but not home.
[Later, when we returned home from Miami, on October 26, 1994, Chago informed us of these incidents. He said that he told Dellerson and the police officer that the Mayos were NOT on the island and that they were in Miami. Dellerson also told Chago that she was a personal friend of the Mayos and had brought a gift and wanted to put it in the house. Chago informed her - and the off-duty police - that he did not believe her, had never seen her when the Mayos were present and denied her permission to enter.]
6. On the 7th of October, I returned to their home with the off-duty police officer to again attempt service. We passed through the armed guard at the entranceway to the subdivision. When we reached Mayo's house approximately 1/2 mile down the road, in addition to Chago, there were four other men and one female sitting in chairs on the dirt road adjacent to the house. Three of the men appeared to be locals. They were seated in a semi-circle, under a street light, which was operated off a generator. Two seats within the semi-circle were vacant. One of the locals had a short-barrel shotgun at his side. It is unknown if this weapon was loaded.
[According to Chago, Dellerson returned with not one but two off-duty police officers. There were not "four other men and one female" but Chago, two other men and one female. One of those men was a German tourist and the female was a German resident and they were accompanied by the other man, Jorge, a local who worked for the German lady. They were seated under a street light drinking coffee and chatting in the evening. It is not a "dirt road" but a sealed (asphalted) road. The street light is connected to the national electrical supply; the street light was not and could not be run off a generator. Neither Chago nor Jorge (the two locals) nor the two Germans had a short-barrel shotgun; none had a permit for such a weapon and would have been arrested by the police accompanying Dellerson if they had been in possession of such a weapon.]
7. When the police officer and I attempted to enter the walkway to Mayos' home, our entry was blocked by Chago. We were told to wait. Chago then walked to a small shed, located at the rear of the house, and exited carrying a machete. We were then told that we could not proceed and that we were to leave. As I attempted to move further up the walkway, Chago raised the machete in front of me in a threatening manner. The local man, with the short barrel shotgun, stood up and moved to a position behind us. The police officer tried to explain that we only wanted to give papers to the Mayos and then we would leave. At this point, all the local men were standing around us and Chago continued to wave the machete as he spoke. At this point, I observed a second male also holding a machete. Fearing for our safety we left the area and as we proceeded through the original guard gate observed that the guards had expanded from one to three men.
[According to Chago, Jorge and the German lady, Dellerson stated that she was a personal friend of the Mayos, that she had brought something for them and was going to go into the house to leave it for them. Chago told her that she did not have permission to go onto the property, that the house was locked and there was no one inside. Dellerson then told Chago to unlock the door and let her in. He refused and also said that he did not have a key. Dellerson then asked Chago to break in to the house for her and started to walk onto the property (trespassing). Chago said he stepped in front of her with his machete in hand, ordered her off the property and asked the off-duty police officers who accompanied Dellerson, to assist him. Per Chago, one of the off-duty police stated that Chago was right, told Dellerson that they were all leaving, that she had paid them to accompany her, not to act against the law. The two off-duty police and Dellerson left.]
8. While standing in front of the residence, known to be that of David and Julia Mayo, I observed movement inside the residence. This, along with the fact that two of the chairs outside were empty, led me to believe that the Mayos were hiding inside the house and that Chago was following their orders, as his employer, not to allow us entry.
[Not true. The house was locked while the Mayos were away and there was not anyone inside.]
9. Early the next morning, around 7 a.m., the police officer and I returned to the Mayos' residence in daylight. The house appeared to have been abandoned. There were no signs of activity anywhere in the vicinity of the house. I subsequently learned that the Mayos were staying in another home in the development and later left the island for Miami.
[Not true. The Mayos had left for Miami on Oct. 6th and did not return until October 26th, after the incidents described by Dellerson in this declaration.]
10. Due to the fact that I felt my life was threatened I did not attempt to serve the papers at the residence after this date.
[Her life was not threatened, besides she was accompanied by off-duty police!]
11. I also learned, that, unlike the United States, police officers in the Dominican Republic have limited authority, especially during nighttime, in dealing with houses on private property, and that it is not uncommon for locals to totally disregard their position.
[Not true. Is Dellerson saying that it is legal in the United States for a police officer to break into a house at night without a court order when the residents are away to "leave a gift " or papers or for any other reason?]
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
Executed this 6th day of January 1995 at Miami, Florida.
The addition of details like "dirt road" and "a street light, which was operated off a generator." were no doubt intended to give her story and the declaration added realism. That road has been asphalted since 1991. Although small portable generators are common in the Dominican Republic, (where there are frequent blackouts and brownouts) you don't have to be an electrician to know that you cannot connect a generator to a street light and thus into the national grid without disaster!
During the relevant period of time the Mayos were tailed (followed) after their arrival in Miami and were photographed on Sunday Oct 9th, in Miami, showing that the cult knew the Mayos were in Miami and not in the Dominican Republic. Besides, Dellerson is not licensed to serve papers in the Dominican Republic. So why did Dellerson go there and want to get into the residence?
This declaration is from Church of Spiritual Technology v. Church of the New Civilization, David Mayo and Julia Mayo, San Mateo Superior Court, Case No. 389471.
Litigation between myself and various of the Scientology organizations commenced in 1984 and ended near the end of 1992. All of the (4) cases they had filed against me were dismissed and my counter-suit against them was also dismissed.
Of the four cases they filed against me, one of those cases they withdrew themselves before it even got started. After one of the remaining three cases was dismissed, Helena Kobrin, Bowles & Moxon, were penalized $17,000 for frivolous prosecution (this one became well known on a.r.s.). Half of that money went to the court and half of it went to my lawyers. Of the remaining two cases, which had been combined into one big case, we were awarded $2.9 million because the $cn corpns had litigated in bad faith, etc.
$cn has not paid the 2.9m (now more with interest) and appealed the decision, there was a hearing on Nov 14, 1995 (same morning as the Fishman hearing, same panel of judges). However, before Scientology could file that appeal they had to post a bond in case they lost the appeal. Scientology was afraid that we would get the money the Court had ordered them to pay us, if they lost that appeal.
Gerbode, an ex-Scientologist who had litigation of his own with Scientology, had donated a large sum of money toward our legal expenses and had loaned a smaller amount of money that he would have been paid back after we collected from Scientology. Miscavige and Rinder (of Scientology) and Gerbode made a secret agreement that included Scientology settling their cases with Gerbode, ceasing their harassment of him, if he would help them against David Mayo. One of the actions he did was to sign over the loan to C.O.S.T. -- he has also written false declarations for them. Based on that, C.O.S.T. filed a new lawsuit against us, in mid 1994, claiming that we owed C.O.S.T. $5.5 million (a grossly inflated figure) for the Gerbode loan. Then C.O.S.T. "attached" (put a lien against) the $2.9m, by then $3.5m, so that if RTC, CSI lost their appeal, we could not get the money - if anything, it would go to C.O.S.T.! This COST case is supposed to go to trial in August 1996 but Scientology will probably try to delay it as long as possible.
We are currently waiting for the result of the Appeal of the other cases, which could come out any time now or in the next few months.
In summation, the COST case was only filed against us to prevent us from receiving the Court ordered sanction against RTC, CSI et al. Dellerson filed the declaration as a character assassination (dead agent) attempt, both in this case and to cover up other harassment activities OSA has been conducting against my wife and I to force us to "settle" on their terms.