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STEVEN FISHMAN filed Dismas House, Room 324 clerk US District Court 141 N.W. 1st Avenue APR - 9 1993 Dania, Florida 33004 central district of california Defendent Pro Se GRAHAM E. BERRY JUDITH M TISHKOFF LEWIS, D'AMATO,BRISBOIS & BISGAARD 221 North Figueroa Street, Suite 1200 Los Angeles, California 90012 Attorneys for the Defendant, UWE GEERTZ, Ph.D UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CHURCH OF SCIENTOLOGY ) CASE NO. 91-6426 HLH (Tx) INTERNATIONAL ) ) DECLARATION OF STEVEN A. Plaintiff, ) FISHMAN FILED IN SUPPORT OF ) DEFENDANTS STEVEN FISHMAN AND vs. ) UWE GEERTZ'S JOINT NOTICE OF ) MOTION AND MOTIONS TO (1) STEVEN FISHMAN and UWE GEERTZ, ) RECONSIDER THE COURT'S MARCH _______________________________) 22, 1993 CHANGE OF VENUE ORDER; AND (3) FOR EXCERCISE OF THE COURT'S INHERENT EQUITABLE POWERS CONNECTION WITH THE COURT'S MARCH 22, 1993 CHANGE OF VENUE. Date: May 3, 1993 Time: 10:00 a.m. Place: Courtroom 7 Discovery Cut-off: July 7, 1993 Pretrial Conf.: August 6, 1993, 1:30 p.m. Trial Date: Sept., 1993
1. I have personal knowledge of the facts stated herein, unless stated on information and belief, and if called upon to testify to those facts I could and would competently do so.
2. I am a Defendant in the case of Church of Scientology v. Steven Fishman and Uwe W. Geertz. I am currently serving a five year sentence for mail fraud and I am under the direct custody of the Bureau of Prisons. I am currently housed in Dismas House, a "half-way haouse" run by the Bureau of Prisons, and under the direct supervision of the Community Corrections Manager of the Southern District of Florida. My release date from incarceration is June 28, 1993.
3. I am prohibited from leaving the Southern District of Florida during my incarceration. After my period of incarceration, I will be under the supervision of the United States Parole Commission, from June 29, 1993 until November 28, 1993, and I am prohibited from leaving the Southern District of Florida. After my period of Parole, I will be under the supervision of the United States Probation Office, from November 29, 1993 until November 28, 1995, and I am prohibited from leaving the Southern District of Florida, without permission of the United States Probation Office or as ordered by the Court.
4. Due to the period of incarceration, parole and supervised release, it is very difficult if not impossible for me to conduct discovery and/or prepare for trial which is tentatively scheduled to occur in the summer of 1993. The trial is scheduled to take place in the Central District of California.
5. This very Court in this very action declared me indigent -pursuant to a Motion to Proceed in Forma Pauperis signed by the honorable Judge Harry L. Hupp on May 28, 1992.
6. My financial condition is still indigent. I am employed as a receptionist and data entry clerk at the wage of $ 5.00 per hour. My gross pay is $ 200.00 per week, as I work a forty hour week. My net pay after deductions is $ 164.00 per week. Out of that check I pay $ 50.00 In subsistence payments to the Dismas House, and I make child support payments of $ 41.00 per week to my ex-wife, Jaime Lee Nureyev, in order to help support my two minor children. I further make a monthly non-committed fine payment of $ 25.00 to the Debt Collection Unit of the Northern District of California and I contribute $ 20.00 per week to the support of my father, Jack Fishman, who is also destitute and has been adjudicated bankrupt by the Southern District of Florida, and is living only on his social security chock. I wish the Court to know that I am indigent and destitute and besides not being able to afford the cost of bringing witnesses to testify at trial in the Central District of Cdlifornia I cannot afford even a plane ticket or money for a hotel room to come out there for the trial myself.
7. I cannot afford nor have I been able to afford to conduct discovery in this case, nor to issue subpoenas, hire court reporters etc., in the Central District of California, a jurisdiction which is convenient for the Plaintiff but not for myself as a Defendant in this case.
8. Although my ability to conduct discovery in either jurisdiction is impossible due to my financial circumstances I ask the Court to recognize my right to attend my own trial as the Defendant, which would be impossible in California unless my traveling and hotel expenses were paid for by the Plaintiff or my co-Defendant, and I do not wish to be a burden upon either of them. If the case were transferred to the Southern District of Florida under 28 U.S.C. 1404(m), I would be able to attend my trial as the Defendant in this case since no travel or hotel expenses are involved. 9. I do not expect my financial situation to change in the foreseeable future. I also still personally owe in excess of $ 10,000 in credit card debt, some of which I used to purchase books and tapes from Bridge Publications Inc., the publishing house of the Church of Scientology, while I was still brainwashed and under the mind control of the Scientology cult.
10. I have been ordered by Counselor Roxana Boyco and Director Tammy Jodway of Dismas House, as well as Mr. Conrad Lopez of the Bureau of Prisons to begin My required Mental Health Aftercare at the Henderson Clinic South, a psychiatric out-patient treatment center in Hollywood, Florida. My treatment begins on March 9, 1993, and may require psychotropic medication, according to Ruth Watkins at the clinic. I may not be reemitted by my treating psychiatrist to discontinue treatment during the period of time required for my trial appearance in California, even if the Court were to order the Bureau of Prisons to allow me to appear in California, and even if any expenses were to be Paid for by either the Plaintiff or Defendant Geertz, which is not likely-or customary.
I will need to call Margery Wakefield as a witness. Margery Wakefield is a Florida resident. As an ex-member of Scientology, and As a victim of abuse while a member of the cult, she will be called upon to testify as-to the illegal and criminal practices Of the Church of scientology, as well as information regarding the church's policies on suicides, murder and the Church policy known as "changing history". I cannot afford to bring Margery Wakefield as a witness to California. Margery Wakefield told me that she is also indigent and destitute but has Indicated that she would appear as a witness if the case were brought to trial in the Southern District of Florida.
She is a key witness in my defense.
12. Dr. Ron Johnson is a doctor of veterinary medicine and a resident of Fort Lauderdale, Florida. I wish to be able to call him to trial in order to testify regarding my membership in the Church of Scientology in the year 1981, a fact strongly disputed by the Church in their attempt to cover up their involvement in the crimes for which I am charged in the criminal case. I cannot afford to bring this witness to California in order to testify.
13. Dr. Ron Neuhring is a psychologist from Miami, Florida. He was my Fishman's treating psychologist when I was first arrested at the Metropolitan Correctional Center, a Federal prison facility. Dr. Neuhring will be called to testify regarding my mental state at the time of my arrest, as well as statements which I made to him regarding my involvement with the Church of Scientology. I cannot afford to bring this witness to California in order to testify.
14. Special Agent Angelo Troncoso of the Internal Revenue Service is a resident of the Tampa, Florida area. I will call him to testify to his knowledge of the criminal investigation being conducted by the Internal Revenue Service into the Church of Scientology, and to the extent of knowledge and details supplied to him by myself, establishing to the Court his understanding of my familiarity with upper-level Church management decisions and business. I cannot afford to bring this witness to California in order to testify.
15. Special Agent Terry R. Kroggel is a Certified public Accountant with the Internal Revenue Service and a resident of the St. Petersburg, Florida area. I will call him to testify to my knowledge of the civil investigation being conducted by the Internal Revenue Service into the Church of Scientology, and to the extent of familiarity with details supplied to him by myself, establishing my the his understanding of my knowledge of upper-level Church management decisions and business. I cannot afford to bring this witness to California in order to testify.
16. Detective Dennis Angelo is an investigator with the Clearwater Police Department, and is a resident of the Clearwater, Florida area. I will call him to testify to his knowledge of the civil investigation being conducted by the Clearwater Police Department into the Church of Scientology, and to the extent of familiarity with details supplied to him by myself, establishing my knowledge of upper-level Church management decisions and business. I cannot afford to bring this witness to California in order to testify.
17. Dr. Enyin Aksu is a psychiatrist who is a resident of Broward County Florida. Dr. Aksu was my treating physician at the time when I was, an in-patient at the Hollywood pavilion psychiatric facility in Hollywood, Florida, from February 13, 1989 until march 20, 1989. Dr. Aksu will be called to testify regarding my mental state at the time of my involuntary commitment in the mental hospital, as well as statements made to him by myself Fishman regarding my involvement with this Church of Scientology. I cannot afford to bring this witness to California in order to testify.
18. I will also need to call certain hostile witnesses who are staff members of the Church of Scientology, including but not limited to Mr. Frank Thompson, Mr. Ray Jourdain, Mr. Humberto Fontana, Ms. Beverly Flahan, Mr. Luis Gonzales, Mr. Charles Fox, Mr. Mark Witt, Mr. Michael Hambrick, Mr. Peter Letterese, Mrs. Barbara Fawcett Letterese, Ms. Denise Franklin Monco Mancha Ms. Fran Hardy Andrews, Ms. Barbara Koster, Ms,. Leona Littler Grimm, Ms. Celia Alvarez, Mr. Tom Staley, Ma. Karen Staley, Ms, Shirley Hambrick, Ms. Leah Abady, Ms. Colette Atzel, Mr. Jamie Gurlaccio, Mr. Bob Levy, Mr. Doug Carr, Mr. Roberto Naya, Ms. Nancy Witkowski, Mr. Paul Dibble, Ms. Linda Miller, Ms. Vicki Kirkland, Mr. Roggie Monce, and others who are residents of either Dade or Broward County, Florida. These witnesses will be called upon to testify regarding the physical abuse and hypnosis performed upon myself, as well as Church policies regarding these practices. Some will be asked to testify regarding the Church policy regarding suicide and murder, as well as specific orders directing me to assassinate Dr. Geertz and to have me Defendant commit suicide under the auspices of an "End of Cycle" order. others will be asked to testify regarding the Church's involvement and direction in ordering me to commit securities class action fraud in a Church operation known an Operation Acting Classes, for which I was arrested and plead guilty in an Alford Plea (of Innocent but responsible for the acts alleged), and other criminal acts which I was directed to commit on behalf of the cult, including the Ethics Bait Project and Bingoing. I cannot afford to bring any of these or other similarly situated witnesses to California for the trial, as they are nearly all residents of the Southern District of Florida, with the exception of Denise Franklin Monce Macha, who may be residing in Clearwater, Florida to the best of my recollection.
19. I will also need to call Mrs. Dorli Geertz to testify Regarding psychological tests which she administered on me over the Years between 1979-1990 which will establish my deteriorating state of mind during the time I was a devotee to and member of the Scientology cult. I cannot afford to bring this witness to California in order to testify.
20. Dr. Daniel M. Lipshutz. M.D. is a resident of Singer Island, Florida, and is my uncle. He is a retired psychiatrist formerly licensed to practice psychiatry in New York. He has been familiar with my psychiatric history during my entire lifetime arid will be called to testify about how the Scientology cult had adversely affected my thinking, belief system and my mental condition. I cannot afford to bring this witness to California in order to testify.
21. Mr. Samuel J. Kern, is a resident of Plantation, Florida, and is also my uncle. He is a retired trial attorney from Brooklyn New York, and although cannot represent me an counsel in this case because he is not admitted to the bar in Florida, he will assist me and act as my personal representative if the trial were conducted in Florida. I cannot afford to bring my uncle to California in order for him to assist me in the preparation of my defense as my personal representative.
22. Consequently, and in the interest of justice, I plead with the Court to transfer the venue to the Southern District of Florida pursuant to 29 U.S.C. 1404(a).
I declare under penalty of perjury under the laws of the State of Florida that the above is true and correct to the best of my recollection and understanding.
Executed March 1, 1993 at Dania, Florida.
(signed steven fishman) Dated: march 1 1993 Defendant Pro Se Register Number 17280-004 Dismas House Room 324 141 N. W. 1st Avenue Dania, Florida 33004