Notice of Filing Excerpts of Robert Minton Depositions

9 May 2002

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IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION RELIGIOUS TECHNOLOGY CENTER, a California corporation, Plaintiff, vs. Case No. 8:02-MC-42-T026EAJ DELL LIEBREICH, Individually and as Personal Representative of the Estate of Lisa McPherson, Defendant. t NOTICE OF FILING EXCERPTS OF ROBERT MINTON DEPOSITIONS AFFIDAVIT OF JESSE PRINCE and CORRESPONDENCE IN SUPPORT OF MOTION TO QUASH, MOTION FOR PROTECTIVE ORDER AND MOTION FOR SANCTIONS COMES NOW the Defendant, DELL LIEBREICH, Personal Representative of the Estate of Lisa McPherson. by and through her undersigned attorney and hereby files the attached excerpts of ROBERT MINTON, affidavit of JESSE PRINCE and correspondence between Steven Jonas, Esq. and Kennan Dandar, Esq. in support of Defendant's Motion to Quash Subpoenas, Motion for Protective Order and Motion for Sanctions, and Defendant would state as follows: 1. The excerpts from deposition of Robert Minton clearly show that all funds were loans to Ken Dandar or Dandar & Dandar, P.A. Thus, they never became assets of the Estate of Lisa McPherson. 2. The Affidavit of Jesse Prince clearly indicates that Robert Minton's 180° change of position attacking the character of Kennan Dandar and Dell Liebreich are motivated by undue influence amounting to nothing less than extortion exerted by the Church of Scientology of which Religious Technology Center is an entity. 3. The transcripts of the ongoing hearing in the wrongful death case clearly indicate the amount of "duress" placed upon Robert Minton and his mistress, Stacy Brooks, to achieve the recantation of their sworn testimony. This undue influence or coercion consists of: a. Naming Robert Minton to the Gerald Armstrong litigation which seeks damages nearing $100 million in which Robert Minton is the only financial viable party. b. A draft of a RICO suit against Robert Minton, which Mr. Prince indicates was in the amount of $110 million; and c. Threats of jail made by Sandy Rosen, counsel for Religious Technology Center to Robert Minton and his wife, Terese Minton. 4. Attached are also letters exchanged between Ken Dandar, counsel for the Estate, and Steve Jonas, Boston counsel for Robert Minton, indicating that at these meetings, the Church of Scientology demanded that the case of Lisa McPherson be dismissed even though Mr. Minton has no control in any degree over the wrongful death litigation. According to Mr. Prince's affidavit, when the Estate refused to dismiss the case, the alternative plan was to remove Ken Dandar from the wrongful death litigation. This hearing is presently ongoing. WHEREFORE, based upon the attached evidence, the court should summarily deny all requested relief of the Plaintiff, RELIGIOUS TECHNOLOGY CENTER, and impose severe sanctions since RTC has failed and refused to come forward with the secret agreement it reached through its affiliates with Robert Minton and Stacy Brooks. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by FAX this 8th day of May, 2002, to F. WALLACE POPE, JR.,ESQ., 727-441-8617 and SAMUEL ROSEN, ESQ., 212-230-7783. KENNAN G. DANDAR, ESQ. DANDAR & DANDAR, P.A. 1715 North Westshore Blvd., Suite 750 Post Office Box 24597 Tampa, Florida 33623-4597 813-289-3858/FAX: 813-287-0895 Florida Bar No. 289698 Attorney for Defendant, ESTATE IN THE COURT OF THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION DELL LIEBREICH, as Personal Representative of the Estate of Lisa McPherson, Plaintiff, Superior Court vs. Civil Action No. 97-6890 CHURCH OF SCIENTOLOGY, d/b/a CHURCH OF SCIENTOLOGY, FLAG SERVICE ORGANIZATION, INC., et al. Defendant. THE DEPOSITION OF ROBERT S. MINTON, called by the Defendant, taken pursuant to the applicable provisions of the Florida Rules of Civil Procedure, before Kathleen L. Good, Registered Professional Reporter and Notary Public in and for the Commonwealth of Massachusetts, at the offices of Cooley, Manion, Moore & Jones, LLP, 21 Custom House Street, Boston, Massachusetts 02110 on Tuesday, January 13, 1998, commencing at 9:16 a.m. K. L. GOOD & ASSOCIATES REGISTERED PROFESSIONAL REPORTERS P. O. BOX 6094 BOSTON, MASSACHUSETTS 02209 TEL. (781) 598-6405 FAX (781) 598-0815 _____________________________________________________ CONFIDENTIAL KATHLEEN L. GOOD & ASSOCIATES P.O. BOX 6094 BOSTON, MA 02209 TEL. (781) 598-6405 FAX (781) 598-0815 Date: January 15, 1998 To: Stephen A. Jonas, Attorney From: Kathleen L. Good Case Name: McPherson v. Church of Scientology, et al. Name of Deponent ROBERT S. MINTON Date Taken January 13, 1998 Enclosed Please Find: Copy of Transcript Signature Requirements: Original transcript (or merely original signature page) is enclosed for deponent's signature. If the deponent wishes to make any corrections, please use enclosed errata sheet. Please forward the signed transcript and/or signature page with errata sheet, if any, to: Zuckerman, Spaeder, Taylor & Evans, LLP Suite 2525 Street 401 East Jackson Street Tampa, Florida 33602 ATTENTION: Morris Weinberg, Attorney cc: Kennan G. Dandar, Attorney Morris Weinberg, Attorney _____________________________________________________ CONFIDENTIAL APPEARANCES: Dandar & Dandar (by Kennan G. Dandar, Attorney) 1009 North O'Brien Street PO Box 24597 Tampa, Florida 33623-0895 Attorneys for the Plaintiff Zuckerman, Spaeder, Taylor & Evans, LLP (by Morris Weinberg, Jr., Attorney, Laura L. Vaughan, Attorney, and Lee Fugate, Attorney) Suite 2525 401 East Jackson Street Tampa, Florida 33602 -and- Cooley, Manion, Moore & Jones, LLP (by Earle C. Cooley, Attorney) 21 Custom House Street Boston, Massachusetts 02110 Attorneys for the Church of Scientology Hale and Dorr (by Stephen A. Jonas, Attorney) 60 State Street Boston, Massachusetts 02109 Attorneys for the Deponent VIA TELEPHONE: Trombley & Hanes (by Ronald P. Hanes, Attorney) 707 N. Franklin Street Tampa, Florida 33602 Attorneys for Janis Johnson Ronald Cacciatore, Attorney Suite 2835 100 N. Tampa Street Tampa, Florida 33602 Attorney for Bennetta Slaughter and Prodex, Inc. _____________________________________________________ CONFIDENTIAL VIA TELEPHONE: George & Titus (by Douglas Titus, Attorney) PO Box 3240 Tampa, Florida 33601-3240 Attorneys for Alain Kartuzinski Kynes, Markman & Felman (by James Felman, Attorney) PO Box 3396 Tampa, Florida 33601-3396 Attorneys for David Minkoff, MD ALSO PRESENT: Craig Newman, Videographer Cathy Ships Ben Shaw _____________________________________________________ CONFIDENTIAL 43 A It was an original handwritten letter and I didn't keep a copy of it. Q We'll get to the Youngs' checks in a minute but to close the loop here, did you enclose a letter to the Youngs when you sent the checks to them? A No. Q You just sent them three checks in the mail? A Yeah. Q Did you get any written agreement from Mr. Dandar as to how the funds should be used? A No. Q Are there any restrictions on how the funds should be used? A Well, they're to be used for the Lisa McPherson case. Q For example -- A And there are no restrictions put on by me. Q -- could Mr. Dandar buy a car with them? A That would hardly facilitate the Lisa McPherson case. Q I'm not being facetious. I'm asking a question that I would ask you to answer. Can these funds be used by Mr. Dandar to buy a car for himself? Yes or No? A No. Q Can these funds be used by Mr. Dandar for personal use _____________________________________________________ CONFIDENTIAL 44 of Mr. Dandar? A Can I perhaps ask you to reask the question before, which was are these funds to be used for the Lisa McPherson case? Q it will go really quicker if you just let me ask the question. MR. JONAS: If you don't understand the question or can't answer the question, say that. A No. They're not to be used by Mr. Dandar for his personal use. That's nothing to do with it. Q How was that communicated? How were those restrictions communicated by you to Mr. Dandar? Is there something 13 A Because I said it's for the Lisa McPherson case. Q Is there something in writing that says that? A Anything other than what's on my check or this letter, no. Q There is no legal agreement that has been drawn up; is that correct? A Correct. This would be as close to it as you would get. Q Did you have any communication with the family of Lisa McPherson? A No. _____________________________________________________ CONFIDENTIAL 45 Q Ever? A I did ask Mr. Dandar in my letter to him to convey my sympathies to the family of Lisa McPherson and I hoped that this $100,000 would help in allowing this case to go to court where the truth could come out about what happened to Lisa. That's the -- that's something I asked him to relay. Q Have you ever talked to Dell Liebreich? A No. Q Have you ever talked to any of Ms. McPherson's mother's sisters or brothers? A No, no. Q Have you ever talked to any representative of the estate of Lisa McPherson, other than Mr. Dandar as the attorney? A No, no. Q Do you get an accounting as to how the funds were used? A No. Q Did you ask for an accounting as to how the funds were used? A No. Q Is there any vehicle that you have set up to ensure yourself that these funds are going to be used for the case, for the wrongful death case? _____________________________________________________ CONFIDENTIAL 46 A I trust Mr. Dandar. Q Is this a gift to -- is this a gift, the $100,000? A What do you mean, is it a gift? Q You're a businessman? You've been a businessman for many years? A Right. Q You know the difference between -- you know what a loan is; right? A Right. Q When you loan something to someone, do you typically get a note or some legal document evidencing that that money has been loaned to them? A Not always but you can, yes. It's typical. Q So you know the difference between a loan and a gift; right? A Yes. Q You know the difference between a loan and investment, capital investment in something? A Yes. Q My question is: Was this $100,000 a loan to Mr. Dandar? A It was. Q Or a gift to Mr. Dandar? A It requires a little bit of thought because it could be _____________________________________________________ CONFIDENTIAL 47 either depending on what happens in the case. Q Can you explain that? A What I have said and what he has said is that if they -- "they" being the estate of Lisa McPherson -- are successful in getting money back over and above their legal expenses in this case and they had $100,000 left to pay me, I would get paid back my $100,000. If they do not succeed in this case, they're under no obligation to pay me back. So from my standpoint, there would be a question of whether it's a gift or a loan. Q Do you own a piece of the litigation? MR. JONAS: Objection to form. Q Do you own a piece of the litigation? A This $100,000 is my piece, if that's what you want to call it. Q Did you file a lien in the case? A No. Q Do you know what a UCC filing is? A I do. Q In fact, you've filed one with regard to the Wollersheim matter? A Correct. Q But you have not filed one in this case? _____________________________________________________ CONFIDENTIAL IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY CIVIL DIVISION 3 ESTATE OF LISA McPHERSON, by and through its Personal Representative, DELL LIEBREICH, Plaintiff, vs. Case No.: 97-01235 CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC.; JANIS JOHNSON; ALAIN KARTUZINSKI; and DAVID HOUGHTON, D.D.S., Defendants. VIDEOTAPED DEPOSITION OF ROBERT MINTON Volume II 1 2 C O N F I D E N T I A L 13 BEFORE: MR. JOHN W. BOULT, SPECIAL MASTER Barr, Murman, Tonelli, Herzfeld & Rubin Attorneys at Law 201 East Kennedy Boulevard, Suite 2000 Tampa, Florida 33602 Reported by: Susan D. Wasilewski, RPR, CRR May 24, 2000 ___________________________________________________________________________ Sclafani Williams Court Reporters, Inc. Registered Professional Reporters Serving Central Florida Lakeland Tampa Sarasota Winter Haven Sebring Bartow St. Petersburg Bradenton 203 APPEARANCES Counsel for Plaintiff: MR. KENNAN G. DANDAR Dandar & Dandar, P.A. Attorneys at Law 5340 West Kennedy Boulevard, Suite 201 Tampa, Florida 33609 6 Counsel for Defendant Church of Scientology Flag Service Organization, Inc.: MR. KENDRICK L. MOXON Moxon & Kobrin Attorneys at Law 1100 Cleveland Street, Suite 900 Clearwater, Florida 33755 MR. MICHAEL LEE HERTZBERG Attorney at Law 740 Broadway, 5th Floor New York, New York 10003 Counsel for Defendant Janis Johnson: MR. RONALD P. HANES Trombley & Hanes Attorneys at Law 707 North Franklin Street, 10th Floor Tampa, Florida 336D2 Counsel for the Lisa McPherson Trust, Inc., and Robert Minton: MR. JOHN M. MERRETT Attorney at Law 2716 Herschel Street Jacksonville, Florida 32205 Also Present: Mr. Michael Garko Mr. Jesse Prince Mr. Michael Rinder Ms. Sarah Heller Ms. Wendy Beccaccini (Via Internet) ___________________________________________________________________________ SCLAFANI WILLIAMS COURT REPORTERS, INC. LAKELAND, FLORIDA (863) 688-5000 212 it's obvious from the question or unless I specify otherwise is as of January 13th, 1998. I'm not asking -- A. Through today? Q. Yes. A. Yes, I understand that. Q. So with that parameter in mind and for all the questions I'm giving you, did you have or were you in any contract with Mr. Dandar? A. No. Q. Have you given Mr. Dandar any money since January 13th, 1998? A. Yes. Q. Tell me all the amounts that you have given him. A. I don't know all the amounts. The total amounts to a little over a million dollars, $1,050,000. Q. Did you make these checks to him yourself? A. Did I what? Q. Did you make the checks to him yourself? A. Yes. Q. Each check was drawn on one of your personal accounts? A. I believe it was, yes. Q. Did you instruct anyone else to write the checks or -- A. No. Q. -- did you physically write them? A. I think I physically wrote them all. There may have been a wire transfer in there or two. I don't remember. Q. Let me see if I can get the approximate dates. A. I have no idea of the approximate dates. Q. How is it that you've paid over a million dollars to Mr. Dandar since February of 1998? A. No, no. I didn't say that. I said the total paid to him is $1,050,000. If you subtract whatever the amount was before January the 13th, which was in deposition, you will find out how much has been paid since January 13th, 1998. Q. Let's see if I can refresh your recollection then on it. You indicated in your last deposition you had paid $100,000 to Mr. Dandar in October of '97. Does that -- A. I don't remember. Q. -- sound right to you? A. I don't remember. Q. How do you know that you've paid him ___________________________________________________________________________ SCLAFANI WILLIAMS COURT REPORTERS, INC. LAKELAND, FLORIDA (863) 688-5000 218 case of the estate. Q. Now, the million dollars you're talking about were checks written from you directly to Mr. Dandar or his law firm, Dandar & Dandar, correct? A. Correct. Q. Those checks were not written to a third party to give to Mr. Dandar? A. No. Q. And they certainly weren't written to Dell Liebreich or the estate to give to Mr. Dandar, correct? A. That's correct. Q. You testified yesterday in your criminal proceedings that you didn't give money to Mr. Dandar directly, you gave it to the family to give to him. Do you remember that testimony? A. No. Q. You don't remember doing that? A. No. Mr. Dandar represents the family. Q. Okay. I just want to make it clear. You didn't give any money then to the Estate of Lisa McPherson to give to Mr. Dandar, correct? A. That's correct. I've never written a check to the Estate of Lisa McPherson or to any of ___________________________________________________________________________ SCLAFANI WILLIAMS COURT REPORTERS, INC. LAKELAND, FLORIDA (863) 688-5000 239 A. No. Q. I asked you Ann Carlson, just for the record? A. I don't remember whether you did but if you -- I haven't had any e-mail communication with Ann Carlson. Q. Have you had any communications with Kathy Skelton Little? A. I don't know who she is. Q. Have you had any written communications with any other family member I haven't mentioned? A. Not to my knowledge. Q. Do you have any agreement of any kind with the Estate of Lisa McPherson? A. No. Q. Does the Lisa McPherson Trust have any agreement with the Estate of Lisa McPherson? A. No. Q. Does the Lisa McPherson Trust have any agreement with any family member? A. No. THE WITNESS: The Coke? MR. MERRETT: -- product placement in the video. THE WITNESS: Yeah, it's an ad for Coke. ___________________________________________________________________________ SCLAFANI WILLIAMS COURT REPORTERS, INC. LAKELAND, FLORIDA (863) 688-5000 IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA CASE NO. 00-5682-CI-11 DELL LIEBREICH, as Personal Representative of the ESTATE OF LISA McPHERSON, Plaintiff, vs. VOLUME 1 CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, JANIS JOHNSON, ALAIN KARTUZINSKI and DAVID HOUGHTON, D.D.S., Defendants. _______________________________________/ DEPOSITION OF: ROBERT B. MINTON. DATE: September 18, 2001, 10:18 a.m. PLACE: Courtroom "C," Judicial Building St. Petersburg, Florida. BEFORE: Hon. Robert E. Beach Senior Circuit Judge. REPORTED BY: Donna M. Kanabay RMR, CRR, Notary Public, State of Florida at large. Kanabay Court Reporters; Serving West Central Florida Pinellas (727)821-3320 Hillsborough (813)224-9500 Tampa Airport Marriott Deposition Suite (813)224-9500 APPEARANCES: MR. KENNAN G. DANDAR DANDAR & DANDAR 5340 West Kennedy Blvd., Suite 201 Tampa, FL 33602 Attorney for Plaintiff. MR. KENDRICK MOXON MOXON & KOBRIN 1100 Cleveland Street, Suite 900 Clearwater, FL 33755 Attorneys for Church of Scientology Flag Service Organization. MR. MICHAEL HERTZBERG 740 Broadway, Fifth Floor New York, NY 10003 Attorney for Church of Scientology Flag Service Organization. MR. LEE FUGATE and MR. MORRIS WEINBERG, JR. ZUCKERMAN, SPAEDER 401 East Jackson Street, Suite 2525 Tampa, FL 33602 Attorney for Church of Scientology Flag Service Organization. MR. JOHN MERRETT 11250 St. Augustine Road Suite 15-393 Jacksonville, FL 32257-1147 Attorney for Lisa McPherson Trust. ALSO PRESENT: Michael G. Garko, PhD Mr. Allan Cartwright Ms. Lara Cartwright Ms. Sarah Heller Mr. Ben Shaw Kanabay Court Reporters; Serving West Central Florida Pinellas (727)821-3320 Hillsborough (813)224-9500 Tampa Airport Marriott Deposition Suite (813)224-9500 156 Q It's been characterized in different ways. Is there any written agreement of any kind with Mr. Dandar? A There was some agreement in that -- those first letters, yeah. MR. MERRETT: The ones that you provided previously. THE DEPONENT: That's right. BY MR. MOXON: Q Has Mr. Dandar repaid any of the funds that you've given to him? A No. Q Has he told you how the case is going? A Not really. Q General terms? A Well, I read the -- some of the transcripts that I get hold of. I think I have an idea how it's going. Q Mr. Dandar gives you some transcripts, right? A He's never given me any transcripts, that I know of. Q Does he give them to LMT? A He may have. He may have from time to time. Q So you get them -- A But he's not very -- he's not very helpful when it comes to transcripts. He's not very helpful in terms of Kanabay Court Reporters; Serving West Central Florida Pinellas (727)821-3320 Hillsborough (813)224-9500 Tampa Airport Marriott Deposition Suite (813)224-9500 157 providing information if one wants it. You know -- Q So it's -- the information he gives you is spotty? A That would be a fair characterization. Q Have you told him you'd like him to give you better information? A No. I respect the -- the fact that his client is the estate of Lisa McPherson, not me. Q There's nothing secret about the fact that you've given money to Mr. Dandar, is there? A Not unless you're making it. Q You've -- you've repeatedly made public notice of the fact that you're giving money to Mr. Dandar in this case. A In the past I have, yeah. Q In fact, you've testified about it in this case, right? A I've testified right here in this -- this case, yeah. Q Yeah. A In depositions. Q What makes your payments to Mr. Dandar after May of 2000 different from the ones you gave him before 2000? MR. MERRETT: Don't answer that. He's asking you for the basis behind your assertion of the Fifth Amendment privilege, and that itself is privileged. Kanabay Court Reporters; Serving West Central Florida Pinellas (727)821-3320 Hillsborough (813)224-9500 Tampa Airport Marriott Deposition Suite (813)224-9500 158 A That's privileged information. BY MR. MOXON: Q You're asserting the Fifth Amendment privilege? A Yes. I'm asserting my Fifth Amendment privilege. Q Has Mr. Dandar told you he has any other sources of funding for the case? A I haven't discussed with him other sources of funding, so I don't know. Q He's told you he has other sources of funding, hasn't he? A I haven't discussed it. He hasn't told me. Q Well, whether or not -- Is it your understanding that Mr. Dandar does in fact have other sources of funding for the case other than you? A You know, I don't know what Mr. Dandar has or doesn't have. You'll have to ask Mr. Dandar. Q Do you know of anyone else investing in the case? MR. MERRETT: Objection. Assumes facts not in evidence, argumentative. THE COURT: Overruled. MR. MERRETT: Do you know of anybody investing? A I don't know of anyone investing in the case, including me. Kanabay Court Reporters; Serving West Central Florida Pinellas (727)821-3320 Hillsborough (813)224-9500 Tampa Airport Marriott Deposition Suite (813)224-9500 COPY IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PINELLAS COUNTY CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., Plaintiff, vs. Case No.: 00-002750-CI-20 DELL LIEBREICH, Individually and as Personal Representative of the Estate of Lisa McPherson, Defendants. VIDEOTAPED DEPOSITION OF ROBERT MINTON Volume II Counsel for Plaintiff: MR. SAMUEL D. ROSEN Paul, Hastings, Janofsky & Walker, L.L.P. Attorneys at Law 75 East 55th Street New York, New York 10022 Counsel for Defendants: MR. KENNAN G. DANDAR Dandar & Dandar, P.A. Attorneys at Law 5340 West Kennedy Boulevard, Suite 201 Tampa, Florida 33609 Counsel for the witness: MR. JOHN M. MERRETT Attorney at Law 2716 Herschel Street Jacksonville, Florida 32205 Also Present: Sarah Heller Allan Cartwright Dr. Michael Garko Ben Shaw Reported by: Susan D. Wasilewski, RPR, CRR October 11 & 12, 2001 SCLAFANI WILLIAMS COURT REPORTERS, INC. 1-800-272-0404 270 Clearwater. Do you see that? A. I do. Q. And is that statement accurate? A. It's not. Q. Huh? A. It's not. Q. What is incorrect about it? A. It's just completely incorrect. Q. Is there anything that's right about it? A. No. Q. Okay. Let's take it one at a time. MR. DANDAR: What date are you on? MR. ROSEN: Next to the last page of the exhibit. MR. MERRETT: Last paragraph, next to the last page. Q. Did the family of Lisa McPherson agree to donate the bulk of any funds? A. No. Q. Do they agree to donate anything? A. No. Q. Had they ever agreed to do so? A. No. Q. I don't want to get hung up on the word ___________________________________________________________________________ SCLAFANI WILLIAMS COURT REPORTERS, INC. LAKELAND, FLORIDA (863) 688-5000 314 Q. Was he limited by your agreement with him to use the funds that you loaned only for expenses in the wrongful death case? A. There weren't any conditions about it. It was -- the conditions were that it was to support that case. Q. Okay. Well, let me give you an example. Let's assume that Mr. Dandar's carpeting in his office is getting a little ratty, so he decides to replace it. Was there anything in your discussion with him which would prohibit him from using any of the funds that you loaned to replace his carpet? A. Like I said, I didn't put any restrictions on what Mr. Dandar did with the money. Q. So he could use it to replace his carpet if he wanted to? A. You know, he could walk away from the thing and steal the money, basically, if he wanted. Q. But you wouldn't have been happy with that, right? A. You know, I think I was able to make a good enough judgment about Mr. Dandar to think that that's not something he would be doing. Q. Okay. But by the same token, if he wanted to replace the carpet in his office or he wanted to ___________________________________________________________________________ SCLAFANI WILLIAMS COURT REPORTERS, INC. LAKELAND, FLORIDA (863) 688-5000 315 buy a new pencil sharpener, you know, it didn't have to be related to the case, right, that would be okay? MR. MERRETT: I'm sorry, could you tell me how this modifies his statement that there were no conditions? MR. ROSEN: Because now I'm talking about his understanding of -- what his understanding was of the terms of the loan. When he spoke about conditions, I think he was referring to things that were articulated, that came out of his mouth. A. Yeah. Look, Mr. Dandar has never explained to me how he spent a penny in this case. Q. And you haven't asked him, right? A. And I haven't asked him. Q. Okay. A. So, you know, Mr. Dandar can literally do whatever he wants with this money. Q. Well, no. You're taking it -- you're taking me too literally. I don't mean that he can, physically has the ability to do this. What I'm asking is if he told you, for example, I used part of the money to replace the ratty carpeting in my office or to buy a new pencil sharpener, you would ___________________________________________________________________________ SCLAFANI WILLIAMS COURT REPORTERS, INC. LAKELAND, FLORIDA (863) 688-5000 316 not react by saying, hey, you can't do that, you're supposed to use the money just for the case, am I correct? Or would you say, hey, you weren't supposed to do that, the carpeting is not part of the case? A. You know, I'm not going to speculate on what I would do in hypothetical situations. I don't know. Q. Do you know whether Mr. Dandar has used part of your funds to buy a new car? A. I don't. Q. If, in fact, he did do that, would, in your mind, that use of the funds be inconsistent with what you had intended, not what you said to each other but what you had intended when you loaned him the money? A. Again, you're talking hypotheticals here. Q. Yeah. My question is if he did that, would it, in your mind, be inconsistent with what you had intended when you loaned him -- A. Well, I'm not prepared to make a decision on hypotheticals. I don't know what I would have done. Q. Okay. In any event, have you -- you told me Mr. Dandar has not given you any accounting, if ___________________________________________________________________________ SCLAFANI WILLIAMS COURT REPORTERS, INC. LAKELAND, FLORIDA (863) 688-5000 317 you will, of the moneys that have been spent. A. Right, I did say that. Q. Has Mr. Dandar given you any estimates or any -- I shouldn't say estimates, I should say any reports or approximations on how much money he has spent in the case? A. No. Q. Was it your understanding -- let me take it first in terms of what was in your mind and then we'll get to the discussion with Mr. Dandar. Was it your understanding that Mr. Dandar could use some of the money to pay himself attorney's fees for the wrongful death case? A. If he wanted to do that, yeah, he could. I mean there wasn't any restriction to it. Q. Okay. And that would have been okay with you? A. Yeah. Q. All right. Because you know that he -- when you made this arrangement with him, you knew that he had signed a contingent fee agreement with the family, right? A. I didn't. Q. Okay. Did there come a time when you learned that? ___________________________________________________________________________ SCLAFANI WILLIAMS COURT REPORTERS, INC. LAKELAND, FLORIDA (863) 688-5000 318 A. No. I always assumed it. Q. Oh, you assumed it from the beginning? A. Yeah. I never -- Q. Okay. So you knew from the beginning or you assumed from the beginning that Mr. Dandar's deal with the -- with Dell and the family was that he was on a contingent fee, in other words, he gets paid no fees, no legal fees at all unless there is a recovery, right? A. You know, I'm not familiar with contingency arrangements. Q. But did you assume that to be the case? A. Yeah, pretty much. Q. Okay. So if he had signed on with the family to work for no fee, you know, unless he recovered, and then got a percentage of the recovery, would it have been consistent with your intention when you loaned him the money if he took some of that money and paid himself a legal fee? A. There weren't any conditions. Q. Okay. So you would not have been offended by it is what you're saying, right? A. No. Q. That's all I want to know. A. No. ___________________________________________________________________________ SCLAFANI WILLIAMS COURT REPORTERS, INC. LAKELAND, FLORIDA (863) 688-5000 319 Q. Okay. That's fine. Did you ever discuss -- withdraw that. Did you ever reduce to writing by way of a letter or a note or a note on your computer as to what your agreement with Mr. Dandar was? A. No. Q. So as you're testifying today about what the agreement was with Mr. Dandar, you're doing that exclusively from memory, right? A. That's right. Q. And this agreement that you struck with Mr. Dandar respecting loaning the money, no interest, nonrecourse, et cetera, as we went over before, I won't read the whole thing, this occurred by way of an in-person discussion with Mr. Dandar? A. On the phone -- Q. On the phone? A. -- in person. I think it was phone. Q. And this was when? A. In '97. Q. November? A. I don't know when in '97 but in 1997. Q. I'm sorry, that's a question. My voice should have gone up in the end of it. November, question mark? ___________________________________________________________________________ SCLAFANI WILLIAMS COURT REPORTERS, INC. LAKELAND, FLORIDA (863) 688-5000 ORIGINAL IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, STATE OF FLORIDA GENERAL CIVIL DIVISION ESTATE OF LISA McPHERSON, by and Case No. 00-5682-C1 through the Personal Representative, Section 11 DELL LIEBREICH Plaintiff, vs. CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC.; JANIS JOHNSON; ALAIN KARTUZINSKI; and DAVID HOUGHTON, Defendants. _________________________________/ APRIL 2002 AFFIDAVIT OF JESSE PRINCE STATE OF FLORIDA COUNTY OF HILLSBOROUGH BEFORE ME, the undersigned authority, personally appeared JESSE PRINCE, who after being duly sworn by me, deposes and says: I, JESSE PRINCE, provide the following information which is based on my personal knowledge: 1. Affiant had been retained as the expert on the practices of Scientology by the ESTATE OF LISA MCPHERSON. 2. From 1982-1987, I served as a corporate officer, executive, and board member of Scientology's Religious Technology Center (RTC). RTC owns the trademarks 1 J.P. of Scientology and licenses all Scientology organizations to use its trademarks. RTC licenses all Scientology organizations to use Scientology trademark material. RTC is also the senior corporate entity of all Scientology or Scientology related organizations internationally. 3. Affiant has been a friend and confidant of Bob Minton for many years, the trial expert on Scientology for Ken Dandar in the Lisa McPherson death case, and the Vice President of the Lisa McPherson Trust, an organization which was dedicated to exposing the deceptive and abusive of Scientology and helping those who have been victimized by Scientology. 4. Affiant was picketing at the Boston Org of Scientology years ago with Bob Minton. At this picket and in my presence, members of Scientology's Office of Special Affairs confronted Bob Minton and relayed detailed information of Bob's recent visit to his psychiatrist. This greatly concerned Bob because his psychiatrist's information was strictly confidential. Bob Minton acts irrational when not on his medication. Bob's psychiatrist then discharged Bob as his patient when Bob confronted the psychiatrist. 5. Sometime after this picket, I observed that Scientology posted on the Internet Bob Minton's confidential psychological records. 6. Bob Minton also relayed to affiant that Scientology obtained his bank records and telephone records, which he said caused him great distress. 7. Due to the continuous harassment of Bob Minton by Scientology and its operatives, I personally observed Bob Minton and Stacy Brooks begin a compilation of a timeline of Scientology attacks and noisy investigations of Bob Minton per Scientology practices. 8. At the request of Bob Minton, affiant traveled to the office of Ken Dandar in February 2002 to relay to Ken Dandar that if Ken could get the Internet critics of Bob Minton to stop posting criticism of Bob and if Ken would quit meeting with Patricia Greenway, Bob would try to arrange to have his friends loan additional funds to Ken Dandar. Bob had told the affiant that he was still willing to help finance the case so that 2 J.P. it would go to trial. 9. On or around March 20, 2002, affiant called Mr. Minton at his home in NH to see how he was doing. Affiant learned from Mr. Minton that Scientology operatives had discovered information about him that threatened his wife and children's future and Mr. Minton was very sad and upset about this. Mr. Minton said he no longer felt like living. He just felt like killing himself and things were really bad. Mr. Minton was crying as he told me these things. I asked him if there was anything I could do to help him and what specifically was the new threat. Mr. Minton told me he did not feel safe discussing the information over the phone and he was too upset to even talk about it. He told me that Stacy Brooks was leaving Atlanta, GA and flying to NH to help him with this new attack. I told him if there was nothing I could do to help him I would at least pray for him. After talking with Mr. Minton I immediately called Stacy Brooks to see if she would give me more information. Stacy said Bob was in really bad shape. Due to the harrassive discovery by Scientology of Mr. Minton, he was about to fall apart. Stacy said she had to get Bob out of harms way and end his participation in opposing Scientology. Stacy said that no one including the Florida courts or law enforcement had been willing to help stop Scientology's relentless attack on Bob and she was putting an end to any and all liability for Bob. Stacy swore that she would protect Bob no matter what. She did in fact arrive in NH on the same day in question to help Bob. The next day after Stacy arrived in NH, I called to check and see how things were going. I talked to Bob and he told me he was going to contact Mike Rinder, who is the top executive of Scientology's legal and intelligence activities to see if he could work out a deal. Mr. Minton said he felt like he had no other choice but to take this action of trying to negotiate with Mr. Rinder. Mr. Minton and Stacy Brooks have in the past successfully ended a lawsuit with Scientology, that ended with both parties being pleased with the results. I asked Mr. Minton and Stacy Brooks to be careful and to keep me informed of any progress. The next time I talked to Bob and Stacy was on or around 23 March 2002. Bob told me that he had made the call to Mike Rinder, and the bottom line was Scientology was going to put him in jail. Bob said there was a problem with some checks he had given to 3 J.P. Ken Dandar. After his talk with Mike Rinder, Bob said it boiled down to who was going to live, him or Ken Dandar, but someone was going to die. He said he called Ken and begged him to drop the wrongful death lawsuit at the demand of Michael Rinder, but Ken refused saying he had an obligation to his client Dell Liebreich. I told Bob that while I did not understand how his life would end unless he chose for Ken to die, I advised him to choose life, and I reminded him of his own family and how they needed him. Bob told me he was going to NY with Stacy Brooks to meet with Mike Rinder the following Friday. Thursday of the following week, Stacy and Bob flew to NY and called me when they arrived. Bob's attorney Steve Jonas was also flying in for the meeting set for the next day. Bob and Stacy promised to call me after the meeting with Mr. Rinder. The next day at around noon time Stacy called me and she was very upset. She said that Mr. Rosen screamed at her and Bob that Bob was going to jail for contempt in front of judge Schaeffer and he was also going to jail for perjury in front of Judge Baird. Mr. Rosen also said that unless the wrongful death lawsuit and the Wollershiem lawsuit were dismissed Bob was going to jail. Bob told me how Mr. Rinder coldly told Bob Minton that he knew was f__king him, but at least he was doing it to him to his face. Bob went on to tell me Mr. Rinder went on to say that other people who were suppose to be his friends were F__king him behind his back: Ken Dandar, Patricia Greenway and Peter Alexander were mentioned specifically. Bob told me that Mr. Sandy Rosen or Mr. Rinder, I do not remember which one, told Bob that he is crazy if he thinks Ken Dandar will ever see any money even if he wins. The same person said to take the Wollersheim case as an example. Mr. Rosen told Bob that the only way he would not go to jail is if he got the wrongful death case dismissed along with the Wollersheim case. Both Stacy and Bob said they tried to explain the fact that they had no power or authority to get these cases dismissed. They told Mr. Rinder and Mr. Rosen that they had earlier tried to get Ken to get Dell Liebreich to drop the case but they flat out refused. The response was "too bad, because Bob was going to jail." Stacy said that both Mr. Rinder and Mr. Rosen were being very nasty to them both and Bob and Stacy got up and walked out of the meeting because it was horrible. Bob and Stacy took the next plane 4 J.P. home and were back in NH by 7:00PM the same day. Both Stacy and Bob called me when they got back to NH and expressed to me how deeply disappointed they were about not being able to reconcile anything with Scientology and they were putting the whole idea of negotiations with them on the back burner for now. 10. The next day, late in the afternoon I talked to Stacy on the phone and she told me that Mike Rinder called and said he really didn't understand why Bob and Stacy walked out of the meeting. She went on to say that Mr. Rinder said that he understood that Bob and Stacy could not dismiss the wrongful death suit and the Wollersheim case in CA, but there were things Stacy and Bob could do. I asked what were the things they could do, and Stacy said she did not know but they were going to meet with Mr. Rinder and company again in Clearwater a day or so before the contempt hearing on Bob Minton in front of judge Schaeffer on 5 April, 02. Stacy was happy about being able to negotiate with Scientology and reaffirmed to me that she was getting Bob out of the Scientology mess before it killed him. Bob was very nervous about coming back to Clearwater and he expressed that he felt like he was going to jail if he came back to Clearwater. 11. Stacy Brooks, Bob Minton and Mark Bunker arrived in Clearwater FL, from NH on the 2nd or 3rd of April, 02. Bob and Stacy got a room at the Harbor Bay Hotel in Tampa, FL and Mark Bunker stayed at my house in Clearwater FL. The following day, Stacy and Bob went to meet with Mike Rinder, Sandy Rosen, and Monique Yingling at a restaurant in the Belleview Biltmore Hotel. After the meeting was over, Stacy called me and I asked her how the meeting went. She said she thought they made progress and things were going to be okay. I asked her specifically what were the "things that could be done" that would make Scientology stop trying to put Bob in jail. She told me she would tell me when she saw me but Ken Dandar was not going to be happy. Bob got on the phone and said Stacy was a lot more optimistic about what was happening and he was still worried about going to jail. Bob and Stacy had a very busy schedule meeting with Mr. Bruce Howie and Mr. Steve Jonas preparing for the contempt hearing with judge Schaeffer. Stacy and Bob asked that I not come to the hearing and she would brief me on what happened when 5 J.P. it was over. 12. After the hearing on 5 April, 02, Bob and Stacy called and they were satisfied with the results of the hearing. Both said that Bruce Howie was brilliant and Bob got off on the contempt due to a technical error made by Mr. Kendrick Moxon. They were very happy about this and invited me, and 3 other staff members that worked at the LMT out to dinner at Jackson's restaurant located in the hotel they were staying at. Before dinner we met in the lounge/bar area at the hotel and talked about the hearing. Bob was still concerned and said Scientology had filed another suit where he was named as a defendant. He pulled the suit out and showed us what it was. It was a suit against Jerry Armstrong and Bob Minton. The suit alleged that Jerry Armstrong had broken his settlement agreement with Scientology multiple times and some how Bob had enabled and encouraged Jerry to do this. In the end, the suit asked for 80 million dollars in damages. Bob commented on the fact that Jerry had no money and he was sure Scientology would force him to defend himself in the suit and pay any judgments as a result. He gave me a copy of the suit to look at and I pointed out that according to what I was reading, Scientology alleged Bob co-conspired with Jerry Armstrong to violate his settlement with Scientology before Bob ever knew or met Jerry Armstrong. I told him the suit was crap. Bob's retort was Scientology does a lot of crap and gets away with it and they would get away with this suit as well. Another person, Ingrid Wagner, read the suit and agreed with Bob that it was not crap and Bob should be concerned. We talked about the next hearing and deposition with judge Baird that was scheduled for 8 and 9 April, 02 and had a nice dinner. For the next few days, Bob and Stacy continued to have meetings with Mike Rinder and company and both started to reveal to me what Scientology wanted them to do. The bottom line was Scientology wanted Bob to say that Ken Dandar caused Bob Minton to perjure himself in the breach of contract case in front of Judge Baird. The plan was to get Ken removed from the wrongful death case and get disbarred as an attorney. I asked Bob what has Ken done to deserve that? Stacy cut in and asked me if I remembered a meeting that supposedly happened in the early fall of 1999. Stacy said she and I were at a meeting along with Bob 6 J.P. Minton, Michael Garko and Ken Dandar when Ken announced that he was adding David Miscavige as a party in the wrongful death case. As Bob was not involved in the case, Ken told him if he were ever asked, the meeting never occurred. She asked me if I remembered that and I said I did not. Bob said "Jesse, we need you to walk with us on this", I said I would stand behind him but the meeting never happened and I was not going to lie about it. I told both Stacy and Bob that there was no way the case was going to be thrown out by trying to get rid of Ken. I told them that they were working with criminals who are accusing others of doing criminal acts. Bob said he felt horrible about what he was asked to do against Ken and he was not sure it was the right thing to do because it felt so wrong. At one point he read a letter that Ken had recently sent him which mentioned Ken having the blood of Bob's wife and children on his hands if he did not get the wrongful death suit dismissed. I asked both Stacy and Bob what else Scientology wanted them to do to avoid going to jail. Bob replied there was a lot more Scientology wanted him to do but he did not know when Scientology would be done with him. Stacy and Bob had been working on a reply to Ken's letter and Bob asked Stacy to read me the reply. I started to feel sick as she read the response but one point really caught my attention: the point was that Bob alleged in the letter that I had given false testimony because Ken Dandar had manipulated me to write that David Miscavige knew about Lisa's condition and instead of letting her be taken to a hospital he let her die because of the public relations flap it would cause. I told both Bob and Stacy there was no manipulation of me by Ken and my testimony is true so don't say that in the letter. Detailed evidence by Scientology's own policies commands its adherents to immediately report to RTC ANYONE who has gone psychotic as a result of Scientology's psychological practices. David Miscavige was and still is the Senior executive in RTC and has full knowledge of information sent to his organization. Stacy said the letter was just a draft and they were letting me see it to get my input. The letter was being drafted with Mr. Rosen and Mr. Rinders help. Bob laughed and said another thing he had offered Scientology as part of the settlement negotiations was to turn over my partnership in the film "The Profit" so Peter and Patricia would have to deal with Scientology on the 7 J.P. film. I changed the subject and asked what about the Wollersheim case? Stacy informed me that she had talked to Dan Liepold, the attorney, and asked him to remove her testimony from the case. Dan refused to do it but Stacy said she would deal with that after they finished doing what Scientology wanted them to do in the wrongful death case. She explained that there were three witnesses for the plaintiff concerning alter ego. The witnesses are Stacy Brook, Vaughn Young and myself. I told her I had no intentions of asking for my testimony to be removed from the case for Scientology and we left it at that. The following Monday arrived and Bob was to be deposed by Sandy Rosen. After the deposition Stacy called me and briefed me on what happened in the deposition. She told me Bob was being deposed and she heard him tell a lie. Stacy said she had Mr. Howie stop the deposition so that she could clear up what Bob had just said. Stacy said she told Bob not to lie again and to go in and correct the record. She said when Bob went back into deposition he just broke down and started to cry uncontrollably. At that point the deposition was stopped and Mr. Rosen assured Bob that the record would be corrected later. The next day was the hearing for contempt in front of Judge Baird. Bob and Stacy had been meeting with Mr. Howie and Mr. Rosen to prepare Bob for his testimony. Bob and Stacy asked me to be at the hearing. They told me Bob was going to testify against Ken. I told them I couldn't believe things had degraded to this level. Bob said he still did not feel good about what he was about to do and felt it was wrong. Stacy said they had to stay on this road and get through this. Bob told me that Sandy Rosen assured him that if he implicated Ken with his testimony that Scientology would withdraw the contempt motion and ask that all fines be dropped. Stacy and Bob asked that I attend the hearing, I told them I would be there. Monday came, and I sat in Judge Baird's court room waiting for the proceedings to start. Bob got up on the stand and when he started saying Ken made him lie I got up and walked out of the court room. I felt like I'd been struck by lightning, and I started to cry. For the life of me I could not believe what I had just seen. Bob lying about Ken Dandar? Mr. Rosen now acting on Bob's behalf? I knew I had to do something but I didn't know what. I drove to the beach to think. I decided that I had to somehow get law enforcement involved 8 J.P. or I could lose my friends forever. I left the beach and went to see attorney Denis DeVlaming. I told him I just saw Bob Minton up on the stand lying about Ken Dandar because that's what Scientology wanted him to do. I poured my heart out to him told him everything that had happened and asked him if there was any way he could put me in contact with a federal agent that could investigate this and take the matter to a federal court. I told him I have to do something to help my friends. Denis said that I had been his client as well Bob Minton and there could be a conflict of interest, as Bob may need his help later. He told me his brother Doug DeVlaming knew someone in the FBI that might be interested in investigating possible blackmail and coercion. I explained the situation to Doug and he said he would contact someone, and for me to call him later. I left Mr. DeVlaming's office and went out and rented a hotel room. I did not want to see Bob or Stacy and I knew they would be looking for me. I called my girlfriend and told her what happened and that I did not want to talk with Bob or Stacy until they were back at home. Bob and Stacy looked for me everywhere calling hospitals and checking with the police. My girlfriend gave them the message that I was very upset and I would contact them after they arrived back to NH. They calmed down and the next day Bob, Stacy and Mark left Clearwater, headed for NH. 13. The next day I was in telephone communication with Bob and Stacy. They wanted to know why I walked out of the hearing and what was wrong. I told them I could not believe what I had seen Bob do and it upset me greatly. I told them Scientology was making a fool out of them in my opinion. Stacy said the reason I felt that way was because I did not have all of the information. She said I had been left in the dark about some things that both her and Bob were not able to talk about because they had signed a non-disclosure agreement with Scientology concerning the settlement talk and it was time they brought me into the picture. She said it was time for me to start meeting with Scientology and their attorneys. I told her I was ready to start understanding what was going on. Stacy told me that she and Bob would be back in Clearwater on 12 April, 02 and we would meet and they would bring me into the picture fully. They arrived late that Friday, we talked on 9 J.P. the phone, and agreed to meet the following Saturday at 8:00PM for dinner at the Adams Mark hotel on Clearwater Beach. Stacy told me that she and Bob were meeting with Michael Garko Saturday afternoon. She mentioned that Michael was upset with Ken because Ken had not paid Michael since September of 01. I arrived at the hotel on time, Stacy met me in the lobby and we went to a room on the 9th floor where Bob was. We made small talk and Bob told me he had something to show me. He pulled out a stack of paper at least 2 inches thick and gave it to me. What he had given me was a RICO suit Scientology had put together that named him as a defendant. At the end of the suit it asked for 110 million in damages. Bob said, "So Jesse how much is that now? The recently filed Armstrong suit asked for 80 million, this new RICO suit wants 110 million in damages so that's 190 million they want, plus they're adding me as a defendant in the breach of contract cases. The only person that has money is me so it is me that will end up paying for all of this and I just can't do it. I can't fight them anymore". He went on to say that he needed me to stand with him and Stacy on this to pull it off. I pretended like I agreed with him and asked when would I be able to meet with the Scientologist. Stacy said tomorrow but we have to go over some things first. Bob said what was needed from me was to change my testimony. As he was talking the phone rang. Someone was asking where a package should be delivered. Bob told the person where he was and he asked the person to leave the package a the front desk and he would pick it up later and he hung up the phone. I asked him what that was all about and he said Scientology had been talking with him and wanted him to change more testimony so as to implicate Ken further. He said the package was approximately 11 inches of testimony he had given before and some of it needed to be changed. I told him I don't know what I'm suppose to change in my testimony because I told the truth when I gave it the first time. I asked how the meeting went with Michael Garko and Stacy said really good. She said Michael Garko said he knew the how much the case had cost to put on to date and there was no way Ken had spent 2 million dollars. Bob said Mr. Garko said he thought Ken had put the money in an account in the Cayman Islands. Stacy and Bob told me how upset Dr. Garko was over not being paid and 10 J.P. he was going to help Bob and Stacy get Ken. I looked at both of them like they were insane. I reminded them of an incident that happened in August of 01 where Bob said the case was costing too much and Ken had to cut cost. Part of the cost cutting was to not pay Mr. Garko until the case was over. Bob invited me and Stacy Brooks to the top level of a parking structure directly across the street from the LMT to make sure there was no illegal surveillance going on and he said Ken is getting $500.000 and that was all he was going to get and it was a big secret and we were not to tell anyone about it. I asked them why they were both acting like they didn't know Dr. Garko had not been paid. They didn't have anything to say. We started talking about how they were going to get the Wollersheim case dismissed. Bob said that he had had a conversation with Dan Leipold about getting the case dismissed and Mr. Leipold stated that he could not do that because he had an obligation to this client. Bob was upset that Daniel Leipold would not agree to getting the case dismissed because he had loaned him money before. Bob then told me that he offered Lawrence Wollersheim, the Plaintiff in a California case against Church of Scientology, $200,000.00 of his own personal money to drop the case. I asked Bob and Stacy, how is it if you are in settlement negotiations with Scientology where you are trying to settle cases where you are neither Plaintiff or Defendant? I reminded them of a mandatory settlement conference that was scheduled to take place on the 19th of April. Stacy commented that she did not think that settlement conference would occur because Bruce Howie and Lee Fugate had met with Judge Schaeffer and briefed her on the information that came up on Ken in front of Judge Baird and that Ken would be disqualified. I asked if Ken Dandar was present when Judge Schaeffer was being briefed by Mr. Howie and Mr. Fugate and Stacy said no. I told her at that point that they were on very dangerous grounds and reminded Stacy of an incident whereby I was interrogated by the FBI for five to six hours because I had been in a meeting with David Miscavige, Lyman Spurlock and Marty Rathbun along with Earl Cooley where we discussed having a Scientology staff member take a motion to Judge Maryanne Fauscher to get a temporary injunction against David Mayo. I told her that I learned that it was against the rules for 11 J.P. attorneys to make ex-parte contact with the Judge of record without having the attorney of record present. Both Bob and Stacy looked at me dumbfounded and Stacy commented that she did not think that what they had done was a problem. On that note we went down and had dinner and made small talk the rest of the evening. Bob did repeat that he needed me to walk with them on this, I said I would. 14. When I left Stacy and Bob that night I was shaking so badly I could hardly drive home and I had no idea what I was going to do to stop what was happening. I called a friend named Frank Oliver and asked him to have Ken Dandar call me as I had something to tell him. Ken called and I told him I knew that Bob was lying in court about Ken because this is what Scientology wanted him to do to stop the harassment and law suits. We agreed to meet at the International Mall in Tampa Florida for a meeting. He asked me if it was okay if Mr. Luke Lirot and Mr. Thom Haverty came, I told him yes. We all met in the mall and went to a lounge and I told only Ken everything that had been going on and I told him I could not live with what was going on. He thanked me for coming to him and told me how sad this whole thing was making him and how he could not believe it was happening. I hand wrote some of the details of what had been happening and signed it, see attached copy. I told Ken I was willing to testify about what was really going on. Ken said he was going to talk to law enforcement to try and save Bob and get him away from Scientology. I told Ken I was having a meeting with Bob and Stacy again and this time I was to be fully brought in and I would get a chance to talk to the Scientologist myself. I told him the only reason I was going to the meeting was to see the expression on Mike Rinder's face when I tell them that I contacted law enforcement the day Bob lied and that other people knew what was really going on. 15. Later that Sunday evening I met with Stacy and Bob at the Radisson hotel on Bellaire Beach. They were staying in room 502. When I got up there Bob had a stack of papers in is hand and said he had something he had to show me. He read something that was totally incomprehensible to me and said that what this means is judge Schaeffer did not trust me as a witness and there was nothing I could do to help Ken with the wrongful 12 J.P. death case. He said unless I change my testimony, Judge Schaeffer was going to put me in jail. Things got a bit heated between Bob and me because I told him I had no testimony that I needed to change. Stacy suggested that we all go downstairs for dinner and continue the conversation. When we got downstairs I mentioned that we had talked enough together and it was time I sat down and met with the Scientologist. Bob said no, I was not ready for that because I needed to walk with he and Stacy down this road first. At that point I realized I was not going to see a Scientologist that night so I had better try to say or do something to get my friends to stop lying for Scientology. I told them of two specific instances of when I had agreed to negotiate with Scientology but they never ever held up their end of the bargain and each time my life was ruined by them anyway. I told them I thought they were negotiating with the devil. I reminded them about the secretary of a Scientology private investigator named John Porter calling me and I put her in touch with Ray Emmons because she said she was in meetings with Mr. Porter and Scientology people where they planned months before in great detail how they were going to get me busted for marijuana. She even told me how they planned on planting seeds in my back yard. This information had been given to Bob when I found out about it. I was not the person who discussed what the secretary said, Mr. Ray Emmons did. Bob Minton was the one who told me about them putting the seeds on my back porch. I told them they were making a big mistake. Bob told me that I was the one making a mistake but if I walked down this road with them they would hire an attorney for me and everything would be okay. Both he and Stacy Brooks told me of a new life where we would all live in happiness and prosperity. I exploded at that point and told them the truth. I told them from the very beginning when Bob started to lie I called law enforcement and told them the whole story. I told them they were the ones who were screwed. Bob told me I was going to jail and I should leave, and I did. My two best friends have been backed into a corner due to the unlawful discovery practices of Scientology which was allowed to go on and on by the lower courts. The fact that there has been plenty of illegal discovery allowed into Mr. Minton, the LMT and Mr. Dandar on financial matters has been acknowledged by the 13 J.P. appeals courts only recently. In effect, if the law had been correctly interpreted and applied these matters would have never been an issue. As a result, my friends are being blackmailed and coerced and are now lying for Scientology with the hope of getting Scientology out of their lives forever. I invite the court to look at the introduction to the "harassment time track" authored by Bob Minton and Stacy Brooks and reconcile what was written then against what they are doing now and have mercy on them both. FURTHER AFFIANT SAYETH NOT. ____________________ ___________ JESSE PRINCE BEFORE ME, personally appeared JESSE PRINCE, to me well known to be the person described in and who executed the foregoing instrument and who acknowledged having executed same for the uses and purposes therein set forth. WITNESS my hand and official seal at ________________ Florida, this ____ day of May, 2002. ____________________________ _______ NOTARY PUBLIC My commission expires: 14 J.P. [Handwritten] Within the last 6 weeks, Bob Minton and Stacy Brooks informed me that Scientology had gathered enough information about Bob Minton to get him prosecuted, convicted and jailed. Specifically, he said (Bob Minton) that Scientology had information to also convict his wife Terese (sp?) as well. Bob said "its down to me or Ken, who lives and who dies. I told Bob I don't know why its that way, but if I were you, I'd choose to live. Bob Minton and Stacy Brooks flew to New York to meet with Scn atty Samuel Rosen and Moniq Yingling to negotiate a settlement with Scn to end the discovery in the [illegible] [illegible] wrongful death case, and to halt possible prosecution in Switzerland. He mentioned that there was an ongoing investigation of him in Switzerland. I talked to Bob Minton and Stacy Brooks extensively during the time they were in settlement negotiations with Scn in NY and Clearwater, FL [illegible, struck through] The details of the conversations I had with Bob and Stacy will be the subject of an affodavit I will construct tomorrow. Tonight, Bob Minton & Stacy Brooks at 8:00PM expect me to give false testimony as Bob Minton has done in front of Judge Baird 10 Apr 02. I will meet at [illegible] and let them know I will not cooperate in the criminal activity Scn has them involved in. 14 Apr 02 Jesse Prince HALE AND DOOR LLP COUNSELORS AT LAW haledoor.com 60 STATE STREET BOSTON MA 02109 617-526-6000 FAX 617-526-5000 STEPHEN A. JONAS 617-526-6144 stephen.jonas@haledorr.com April 1, 2002 By Facsimile and First Class Mail Kennan G. Dandar, Esq. Dandar & Dandar 1715 Northwestshore Blvd. Suite 750 P.O. Box 24597 Tampa, FL 33607 Re: Robert S. Minton/Scientology Dear Ken: Thank you for your time on Friday. As I mentioned during our telephone conversation, we did agree with Scientology that the substance of the discussions we had with them last week would remain confidential. That is why I could not provide any detail to you and I hope you understand. One of the matters that was discussed on Friday, which I neglected to mention in our telephone conversation concerned Ms. Liebreich. Sandy Rosen, on behalf of Scientology, agreed that Scientology would never ask your client in a deposition any questions concerning efforts by Mr. Minton or Ms. Brooks to settle the Florida action after last Thursday. I understand that Ms. Liebrich may be deposed sometime in April and I wanted to make sure that you understood that Scientology agreed not to ask her any questions on that topic. So, for example, Scientology should not ask your client, and she should not testify, concerning Friday's discussions (or subsequent ones) among Mr. Minton, Ms. Brooks, yourself and your client. If you have any questions or comments, please feel free to call me. Very truly yours Stephen A. Jonas SAJ:kmr cc: Mr. Robert S. Minton BOSTON LONDON MUNICH NEW YORK OXFORD PRINCETON RESTON WALTHAM WASHINGTON Hale and Dorr LLP is a Massachusetts Limited Liability Partnership and includes Professional Corporations * an independent joint venture law firm DANDAR & DANDAR A PROFESSIONAL ASSOCIATION A T T O R N E Y S April 10, 2002 FAX: 617-526-5000 Stephen A. Jonas, Esquire Hale and Dorr 60 State Street Boston, Massachusetts 02109 RE: McPHERSON v. CHURCH OF SCIENTOLOGY OUR FILE NO. 54597 199 Dear Steve: This letter is in reply to your letter of April 1, 2002. During our telephone conversation on the evening of Good Friday, March 29, 2002, after I spoke with Mr. Minton, you told me that Scientology had made certain demands and threats toward Mr. Minton with the first demand being the absolute dismissal with prejudice of the Lisa McPherson wrongful death case. You did not go into detail as the threats and demands made by Scientology other than the dismissal because I refused to sign and be bound by any confidentiality agreement that Mr. Minton may have entered into with Scientology. What I do understand from discussing this matter with Mr. Minton that these threats that they have made are substantial and in my opinion, form the classic example of extortion. It amazes me how Mr. Rinder and his counsel believe that Mr. Minton has any capacity to attempt to dismiss the wrongful death case let alone settle it. He has no authority whatsoever over the Estate. I am also wondering why Mr. Minton would even have agreed to attempt to have Dell Liebreich dismiss the death case when he knows he has no authority or persuasive power to do so. This to me is nothing but the best evidence that whatever they have on Mr. Minton must be extremely damaging, in light of the fact that he told me that if the case was not dismissed, I would have the "blood and death" of he, his wife and two daughters on my hands. Sincerely yours, Kennan G. Dandar KGD/dmw 1715 North Westshore Blvd., Suite 750, Tampa, Florida 33607 Mail: P.O. Box 24597, Tampa, Florida 33623 Telephone: 813.289-3858 Facsimile: 813-287-0895, Website: DandarLaw.com HALE AND DOOR LLP COUNSELORS AT LAW haledoor.com 60 STATE STREET BOSTON MA 02109 617-526-6000 FAX 617-526-5000 STEPHEN A. JONAS 617-526-6144 stephen.jonas@haledorr.com April 11, 2002 By Facsimile and First Class Mail Kennan G. Dandar, Esq. Dandar & Dandar 1715 North Westshore Blvd. Suite 750 P.O. Box 24597 Tampa, FL 33607 Re: Robert S. Minton/Scientology Dear Ken: I received your letter of April 10, 2002 and have the following comments. We did speak on March 29, 2002 and I did tell you that Scientology had made certain demands (I did not mention threats) toward Mr. Minton. One of them was their request that Mr. Minton bring about the dismissal of the Lisa McPherson wrongful death case. I did not offer to go into detail about the discussions between Mr. Minton and Scientology and, in fact, told you that through me Mr. Minton had entered into a confidentiality agreement that would prevent either Mr. Minton or me from going into detail about those discussions. We did not discuss your signing or being bound by such an agreement. If you have any questions or comments, please feel free to contact me. Very truly yours Stephen A. Jonas SAJ:kmr cc: Mr. Robert S. Minton BOSTON LONDON MUNICH NEW YORK OXFORD PRINCETON RESTON WALTHAM WASHINGTON Hale and Dorr LLP is a Massachusetts Limited Liability Partnership and includes Professional Corporations * an independent joint venture law firm

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