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From: Court_Watch <courtwatch@hotmail.com>
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Subject: STACY BROOKS -- SECOND AFFIDAVIT -- April 29, 2002
Date: Thu, 02 May 2002 12:21:54 -0400
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IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, STATE OF FLORIDA
CIVIL DIVISION

Case No. 00-5682-CI-11, Division  11

ESTATE OF LISA MCPHERSON, by
and through the Personal Representative,
DELL LIEBREICH
Plaintiff,                                     

			vs.

CHURCH OF SCIENTOLOGY FLAG                                           
SERVICE ORGANIZATION, JANIS
JOHNSON, ALAIN KARTUZINSKI and                                       
DAVID HOUGHTON, D.D.S.,
Defendants.
____________________________________

AND RELATED COUNTERCLAIM.
____________________________________/


SECOND AFFIDAVIT OF STACY BROOKS

STATE OF FLORIDA	)
			) ss.
COUNTY OF PINELLAS	)

	Stacy Brooks, being duly sworn, deposes and says:

1.  I am over 18 years old, have personal knowledge of the facts set
forth herein, and am otherwise competent to testify in this matter.  I
make this affidavit to explain my central role in developing the
underlying strategy in this wrongful death case. 

BACKGROUND

2.  My ex-husband Vaughn Young and I left Scientology in 1989.  We had
no contact with anyone concerning Scientology until some time in early
1993, when we were contacted by two attorneys, Dan Leipold and Graham
Berry, who hired us as witnesses in their respective litigation
against Scientology. 

3.  We were paid by these attorneys through 1997 to provide testimony
and advice on litigation tactics.  This was my primary source of
income.  First and foremost, the attorneys wanted to know what they
could do to put pressure on Scientology, either to get a case dropped
or to get a large settlement.  The overall strategy that I developed
was to target David Miscavige because he was the head of Scientology,
so that he could be named as a defendant or have the litigation
focused on him personally as a way to harass him.  I advanced this
strategy although I had no knowledge or evidence of any involvement of
Mr. Miscavige in the cases. This pattern of anti-Scientology
litigation that I authored is now in use in this wrongful death case
and has been used in a number of other cases, some of which are still
ongoing today. 

4.  When I was hired by these attorneys, I had had no previous
experience in the legal field.  The attorneys referred to me as an
"expert witness" and said that as an expert, I was permitted to
testify about my opinions.  As I understood it, my job was to come up
with theories of what might have happened in order to back up what the
attorney was trying to accomplish.  I wrote affidavits and
declarations based on these theories, in which I speculated about how
the attorneys' assertions could be true.  I used supposition and
careful wording to make allegations that would fit the particular
assertion so as to create an impression without actually lying.  This
is what I was paid to do.   At various times I have been called a
"witness," an "expert," an "expert witness," an "expert consultant" or
a "consultant," whichever description best forwarded the needs of the
litigation.  The common denominator throughout has been that I was
being paid to provide anti-Scientology testimony and strategy to these
attorneys.

5.  For example, one of the first Scientology cases I worked on
concerned a man named Steve Fishman who was being sued for libel by
Scientology after he was quoted in a Time magazine article saying that
Scientology had ordered him to commit murder and suicide.  I helped
put together information for the attorney (Graham Berry) to use in his
pleadings that included an allegation that Mr. Miscavige was
implicated in the death of his mother-in-law.  There was no evidence
linking him to her death, which Mr. Berry knew, but he wanted to
malign Mr. Miscavige at every opportunity as part of the overall
strategy, so it was written to create that impression without ever
actually saying it. 

6.  I also wrote an affidavit for attorney Dan Leipold, who wanted to
use this same strategy of pursuing Mr. Miscavige.  He requested that I
write a declaration to back up his assertion that Scientology
corporations were alter egos of each other, so that he could make Mr.
Miscavige the central focus of his litigation.  Although I did not
have any firsthand knowledge of the corporate structure of
Scientology, which Mr. Leipold knew, I wrote a declaration in which I
created the impression that I was an expert on the subject and offered
conclusions to support this alter ego theory.  

THE McPHERSON WRONGFUL DEATH CASE

7.  I first became aware of the wrongful death case in early 1997 when
Mr. Dandar hired me as a consultant/expert witness for the case.  He
was already familiar with the litigation strategy I had helped develop
in other Scientology cases, and in his first phone call he made it
clear that he wanted my help to pursue that same strategy of targeting
Mr. Miscavige in his case.  He sent a letter in May 1997 in which he
stated: "I am also enclosing a copy of the proposed amended Complaint.
I intend to sue David Miscavige as managing agent.  Would Mr.
Miscavige have personal knowledge of those in isolation and their
condition?"  Mr. Dandar and I had a number of conversations in which I
fabricated possible scenarios that could have included Mr. Miscavige,
and we discussed the idea of alleging that Lisa's death was
pre-meditated, although since I had left Scientology in 1989,
obviously I could not possibly have any personal knowledge of what had
happened to Lisa McPherson. 

8.  I first spoke to Robert Minton in September 1997, when he helped
my then-husband and me financially, which enabled us to continue our
anti-Scientology activities. At the same time, Mr. Minton had begun to
fund the wrongful death case.  Mr. Dandar subsequently incorporated
the strategy I had developed to target Mr. Miscavige and the upper
echelon of Scientology in his first amended complaint, following Mr.

Minton's initial $100,000 loan to the Lisa McPherson Estate. 

9.  By mid-1998 Mr. Minton had begun to pay me to assist him in his
anti-Scientology activities.  With regard to my work on the wrongful
death case, once I began working for Mr. Minton, I became his eyes and
ears in Mr. Dandar's office, to make sure Mr. Dandar emphasized the
Scientology aspects of the case as much as possible. 

10.  Mr. Dandar and I had many conversations in which he asked me how
I thought he could bring pressure to bear on Scientology to settle for
a high figure.  In each conversation I advised him that he should
concentrate on attacking the upper echelon of Scientology,
particularly Mr. Miscavige.

11.  In late 1998, Mr. Minton sent Jesse Prince to Mr. Dandar to
assist him in litigating the wrongful death case.  At that time, I was
being paid by Mr. Minton directly, and Mr. Prince was paid by Mr.
Minton directly and through Dandar & Dandar.  Over the next year, Mr.
Prince and I had several conversations about the effectiveness of this
strategy concerning Mr. Miscavige, and Mr. Prince agreed that this was
the way to put pressure on Scientology, although we had no evidence to
link Mr. Miscavige in any way to the events surrounding Lisa
McPherson's death.  Mr. Dandar was enthusiastic about pursuing this
plan to add other entities and officials.

12.  Mr. Minton and I flew to Philadelphia in August 1999 at Mr.
Dandar's request so he could provide an update of the case, because he
wanted Mr. Minton to give him more funding.  By then I was not at all
happy about the way Mr. Dandar was conducting the wrongful death case.
Mr. Prince and I both felt that he was ignoring many aspects of the
Scientology issues in the case, and we had both spoken to Mr. Minton
about this.  In my presence, Mr. Minton told Mr. Dandar that he would
not give him any more money unless Mr. Dandar began to focus more
heavily on the Scientology issues and unless he agreed to listen to
Mr. Prince and me much more as Scientology experts.   Mr. Minton said
he intended his funds to support a case about Scientology's
responsibility for Lisa McPherson's death, not just a routine wrongful
death case.  Mr. Minton made it clear, and I strongly encouraged him
to do so, that if Scientology did not begin to take a more central
role in the case, he would lose interest in funding it.  Mr. Dandar
then began to talk about ways in which Scientology could be
interjected further into the case.  At the end of the meeting Mr.
Minton gave Mr. Dandar a check for $250,000.

13.  Following this meeting, Mr. Dandar, with the assistance of Mr.
Prince and me, moved to add new parties, including David Miscavige.
Mr. Dandar needed something on which to base this, and Mr. Prince and
I had discussed various hypothetical scenarios with Mr. Dandar.   Mr.
Prince signed an affidavit based on his speculation, alleging that Mr.
Miscavige and others "would have known" about Lisa McPherson, and that
"her death was no accident."  This was the same pattern of fabricating
scenarios I had used in earlier cases and that Mr. Prince and I had
discussed.  Mr. Dandar knew there was no evidence to support this, and
his trial consultant Michael Garko was dead set against it because of
the complete lack of evidence, but Mr. Dandar filed the motion anyway,
claiming that Scientology intentionally killed Lisa McPherson and Mr.
Miscavige "would have known" and decided she should be killed "to
protect Scientology from bad public relations."

14.  In a hearing that I attended in October 1999, Judge Moody denied
Mr. Dandar's motion to add Mr. Miscavige and others as defendants in
the wrongful death case, after attorneys for Scientology argued that
adding Mr. Miscavige and others would be a breach of the contract Mr.
Dandar had signed in which he agreed not to add any corporate
representatives of RTC or CSI (since Mr. Miscavige was the Chairman of
the Board of RTC).   

15.  Sometime shortly after this hearing, I picked up Mr. Minton from
the Tampa International Airport one afternoon and drove him to Mr.
Dandar's new office on Kennedy Boulevard.  Mr. Dandar asked us to go
into the conference room, which was in somewhat of a state of
disarray, with boxes of documents on the floor in the office and the
telephone not yet set up properly.  Mr. Prince and Dr. Garko also
attended the meeting, which, as I recall, lasted more than an hour.
Mr. Dandar told us he was struggling with the question of whether or
not to try a second time to add Mr. Miscavige as a defendant in the
case.  Mr. Dandar and I had discussed it, and I had already suggested
a scenario of how this could be done, by falsely claiming that Mr.
Miscavige had a different role as head of the Sea Organization apart
from his corporate position in RTC.  I reiterated my ideas in the
meeting.  I knew there wasn't really such a thing as a "head of the
Sea Org," but Dandar thought it could work as a legal maneuver.

16.  At the end of the meeting, Mr. Dandar went down in the elevator
with Mr. Minton, Mr. Prince and me.  As we waited for the door to open
on the first floor, he made a shrugging gesture and said, "By the way,
this meeting never happened." 

SECRET AGREEMENT

17.  Mr. Minton had an agreement with Mr. Dandar and Dell Liebreich,
the representative of the Estate of Lisa McPherson, that the bulk of
any proceeds of a settlement or jury award in the case would be
donated to an organization in memory of Lisa McPherson.  Mr. Minton
was to fund the organization until that donation came through.  I
thought it should be established in Washington, D.C., but he wanted it
to be in Clearwater to be "in Scientology's face" and to oversee his
investment in the wrongful death case.  I was with Mr. Dandar at his
office when he prepared and filed the incorporation papers in October
1999 for the Lisa McPherson Trust (LMT), and the corporation came into
existence in November.  Dell Liebreich was put on the board at Mr.
Dandar's insistence, to publicly demonstrate the close relationship
between the case and the LMT, since the Estate was going to fund the
LMT with proceeds from the case.

18.  Mr. Minton insisted that the LMT board of directors and advisory
board include all the most well-known Scientology critics and
witnesses.  He was already paying Mr. Prince through Mr. Dandar, and I
became the president of the LMT and was paid by Mr. Minton through the
LMT.  David Cecere was another former Scientologist that Mr. Minton
paid to move to Clearwater to be the executive director of the LMT.
Mr. Cecere was no longer working for the LMT after two months, but Mr.
Minton saw to it that Mr. Dandar hired Mr. Cecere to do expert work
for the wrongful death case.  Teresa Summers was another former
Scientologist that I hired at the LMT after Mr. Dandar put her on his
witness list in the wrongful death case.  Mr. Minton had me hire Grady
Ward at the LMT so that he could help him financially during and after
Mr. Ward's involvement in litigation with Scientology.  Mr. Minton put
Gerry Armstrong on the advisory board after giving him $100,000.  Mr.
Armstrong used the money to file a suit against Scientology.  Mr.
Minton also put Arnie Lerma and Keith Henson on the advisory board
after funding their litigation against Scientology.  Mr. Minton put
Mr. Leipold and Mr. Dandar on the advisory board as the two main
anti-Scientology litigators that he was funding.  

19.  On November 30, 1999, when Ms. Liebreich and her two sisters were
in Florida for a hearing on the Probate matter, Mr. Minton took the
family, Mr. Dandar, Dr. Garko and me out for dinner in Tampa to Ruth's
Chris Steak House.  Ms. Liebreich voiced her support and enthusiasm
for the new organization and confirmed her own and her siblings'
commitment to the future funding of the LMT from the proceeds of the
case.   Ms. Liebreich, Mr. Dandar and Dr. Garko then all attended the
first board meeting of the LMT on December 1, 1999.

20.  Mr. Dandar frequently made a point of telling me that he kept
Dell Liebriech briefed on the case and its progress.  He specifically
told Mr. Minton and me on several occasions that Ms. Liebreich was
informed and in full agreement with the activities and participation
of Mr. Minton and the LMT in the case. 

21.  Mr. Dandar said he thought the existence of the LMT would be
great, because it would create negative publicity about Scientology
and its involvement in the wrongful death case.  Mr. Dandar encouraged
us to generate negative media against Scientology, and on occasion, he
participated in pickets.  Mr. Dandar also encouraged our participation
in "The Profit," an anti-Scientology movie that Mr. Minton funded. He
and several others, including Mr. Minton and me, had bit parts in the
movie.  

22.  Jesse Prince and I communicated with Ken Dandar routinely.  I was
Mr. Minton's eyes and ears for the wrongful death case.  Mr. Dandar
did not like this arrangement, as I was essentially a spy for Mr.
Minton to protect his investment.  I was, in fact, Mr. Minton's agent,
directing Mr. Dandar and keeping Mr. Minton informed.   Mr. Dandar was
always very upbeat and positive with me about the case, as he expected
I would repeat what he told me to Mr. Minton in order to continue the
flow of money.  It was my belief that Mr. Dandar called me a
"consultant" so that he could claim he was not communicating with Mr.
Minton about the case.  I was Mr. Dandar's "consultant," although
after 1997 he did not pay me anything - I was paid by Mr. Minton
either directly or through the LMT.  When I did not do so directly,
Mr. Prince relayed information to Mr. Minton.

23.  In May 2000, because Scientology was constantly telling the court
that Mr. Minton and the LMT were inextricably linked to the wrongful
death case, Mr. Dandar suggested I hire a separate attorney for the
LMT.  We hired John Merrett.  He was referred to me by Patricia
Greenway after she met him on an anti-Scientology chat channel on the
Internet.  Mr. Merrett was supposedly separate counsel for LMT and Mr.
Minton, although in reality he was an extension of Mr. Dandar,
coordinating with him on pleadings he filed and arguments he made.
Both were being funded by Mr. Minton, who was also funding the LMT and
all the witnesses in the case.

24.  In May 2001, Mr. Dandar, Mr. Minton and I had dinner at the
Belleview Biltmore at Mr. Dandar's request, because he again wanted
more money from Mr. Minton.  By that time I was urging Mr. Minton not
to fund the case any longer, because Mr. Dandar was dragging Mr.
Minton and me into lying to protect him and the case.  During dinner I
told Mr. Dandar that it was becoming a conflict of interest for Mr.
Minton to fund the case, since the more he funded it the more he was
being ordered into deposition.  I said this because Mr. Dandar and I
both knew that Mr. Minton was lying in deposition.  I was stunned when
Mr. Dandar replied, "But even if Bob goes to jail it won't hurt the
case."  I took this to mean that Mr. Dandar was now holding Mr. Minton
hostage to this litigation, knowing that Mr. Minton had perjured
himself and counting on Mr. Minton to remain silent about what he had
done to protect himself.  

25.  At that dinner, Mr. Dandar then had the audacity to suggest to
Mr. Minton that he give him another check "like the earlier one for
$500,000," meaning a bank check without his name on it.  Mr. Minton
said he could not do that at that time, whereupon Mr. Dandar then
suggested that Mr. Minton, who was planning a trip to Europe, could
"get the money in cash" while he was there, or, he said, "I'll go to
Europe or anywhere else in the world to pick up the cash for you."  I
was shocked when Mr. Minton gave him a personal check for $250,000.
After this, I implored Mr. Minton to distance himself from the case
and get out of it, but he was by then in despair about the situation
and said, "I'm in this thing so deep now that there is nothing I can
do to get out of it."
 
26.  On August 15, 2001, I was deposed in the wrongful death case with
Judge Beach present at the deposition.  During that deposition Judge
Beach threatened to put me in jail if I did not turn over certain
documents. I had already caused documents and videotapes to be removed
from the LMT in non-compliance with discovery orders.  

27.  John Merrett represented me at this deposition and knew I was
testifying falsely.  Prior to my deposition he had coached me
regarding how to falsely answer questions about the source of LMT
funds. Mr. Merrett had also advised me to leave unedited video footage
from the LMT in the hallway and it would be "taken care of." I
directed that they be put there and I never saw them again. I was also
aware that several hard drives were removed from computers in LMT
prior to the Special Master's inspection of the LMT.

28.  Following this deposition, I decided I was unwilling to continue
to forward the agenda of the wrongful death case by telling further
lies and evading discovery, because I was concerned about exposing Mr.
Minton, myself or anyone else to any further risk.  Shortly after that
deposition I was in New Hampshire at Mr. Minton's house.  I told him I
wanted to call Ms. Liebreich and set up a meeting with her.  I wanted
to tell her we could not continue our lies, because Scientology was
closing in, and it was only a matter of time before our perjury and
violations of discovery orders regarding our involvement in the case
would be exposed.  Mr. Minton already faced contempt, and I wanted to
tell her that the only hope for all of us to stay out of trouble was
for her to drop the case.  Mr. Minton agreed and told me to go ahead
and call her, although he said he did not believe she would drop the
case.  I called Ms. Liebreich and told her that I wanted to fly to
Texas to tell her about some of the things that were happening in the
case.  She asked if Mr. Dandar could be there.  I told her I would
prefer to speak to her alone but that if she wanted him there that
would be fine.  She agreed reluctantly, but a short time later called
me back and said she had spoken to Mr. Dandar and he had advised her
not to meet with me. 

29.  The next time I spoke to Mr. Dandar he was very indignant about
my having called Ms. Liebreich.  He told me that Ms. Liebreich already
knew everything that was going on in the case and there was nothing I
could tell her that she didn't already know.

30.  After Ms. Liebreich refused to meet, Mr. Minton and I decided we
had to do everything possible to distance ourselves and the LMT from
the case. The next morning I called Mr. Prince and told him that Mr.
Minton and I wanted him to resign as an expert witness from the
wrongful death case.  Mr. Prince also wanted to distance himself from
the case, and he informed Mr. Dandar that he was withdrawing
immediately.  I also informed Mr. Dandar that I would not appear as a
witness in the case.  Mr. Minton informed Mr. Dandar that he would
provide no further funding for the case.   We also closed down the
LMT, specifically to distance ourselves from the wrongful death case.

31.  Mr. Dandar then contrived a "reason" for Mr. Prince's withdrawal
and drafted a motion for severe sanctions against Scientology for
having harassed Mr. Prince and forcing him to withdraw from the case
out of fear.  Mr. Dandar also drew up an affidavit for Mr. Prince to
sign in which he recounted his arrest and trial for drugs.  Mr. Dandar
persuaded Mr. Prince to sign the affidavit although in it Mr. Prince
admitted to drug use, something he had not done throughout his
criminal trial.  Mr. Minton and I were both furious that Mr. Dandar
would put Mr. Prince in such jeopardy for the sake of a sanctions
motion that was based on a false premise.  Mr. Dandar knew that Mr.
Prince had withdrawn because Mr. Minton and I told him to, as part of
our efforts to distance ourselves from the case.

32.  Despite the fact that Mr. Dandar knew Mr. Minton wanted nothing
more to do with him or the case, Mr. Dandar contacted Mr. Minton in
December 2001 and told him he desperately needed more money to get the
case through trial.  I urged Mr. Minton not to provide any further
funds, and in fact, Mr. Minton at first refused Mr. Dandar's pleas.
But Mr. Dandar continued to call Mr. Minton.   Mr. Dandar asked Mr.
Minton to meet him in Nashville, Tennessee, and the Cayman Islands,
but Mr. Minton refused to travel to either place. Finally Mr. Minton
told him he wasn't going to travel anywhere but if Mr. Dandar wanted
to come to his house in New Hampshire, he could do that.   I was
already in New Hampshire when Mr. Dandar and Dr. Garko flew up on the
last weekend of February.

33. Despite Mr. Dandar's and Dr. Garko's best efforts, Mr. Minton
continued to refuse to provide any further funding.  On Sunday
morning, I again told Mr. Dandar that I was against Mr. Minton
providing any further funding, because it was putting him at such
terrible risk legally.  Mr. Minton was scheduled to go back into
deposition in the wrongful death case to comply with Judge Schaeffer's
order to answer between 80-90 questions to which he had previously
pled the Fifth Amendment.  Mr. Minton and I were both very concerned
about this.  Mr. Dandar went over each of the 80-90 questions to help
Mr. Minton work out what to answer for each one, including how to
avoid disclosing the existence of the $500,000 UBS check in May 2000
payable to Ken Dandar  from Mr. Minton.  Mr. Dandar coached Mr. Minton
not to answer the questions truthfully. 

34.  I have written this affidavit for no other reason than to tell
the truth and avoid the consequences I would inevitably face were I to
continue to evade discovery and lie in deposition.  Mr. Minton was
already facing penalties for contempt.  It was evident to me that I
faced a similar future, especially concerning my obstruction of
discovery into LMT. I had no question the Special Master and his
computer experts would soon discover missing hard drives, videos and
documents that were originally ordered to be produced over two years
ago. With that would also come the disclosure of my untruthful
testimony as regards discovery.  Scientology has been relentless.
Even when Mr. Minton and I approached them to try to settle, hoping
they would let us walk away from all of this, they insisted that
before they would even discuss settlement, we had to be forthcoming
with what had really occurred in this case.  We had no other option,
and to date they have still refused to talk about settlement. I feel
that the actions I have taken in connection with this wrongful death
case have been disgraceful. I would rather confront the consequences
of my actions now than prolong the inevitable.  I am available to
testify before the court to answer any questions if this is needed.

35.  In light of this affidavit, I hereby recant any false statement I
have made under oath that may contradict my sworn statements in this
affidavit.


ss. Stacy Brooks
____________________________________
STACY BROOKS						

						
STATE OF FLORIDA	)
			) ss.
COUNTY OF PINELLAS	)

	The foregoing instrument was acknowledged before me to be true
and correct to the best of her ability this 29th day of April, 2002,
by Stacy Brooks.  She has produced Geogia DL # (Number intentionally
omitted) (ID) as identification and did take an oath.


ss. Vonda B. Fraska
________________________________________
Notary Public