------------------------------------------------------------------- F.A.C.T.Net, Inc. (Fight Against Coercive Tactics Network, Incorporated) a non-profit computer bulletin board and electronic library 601 16th St. #C-217 Golden, Colorado 80401 USA BBS 303 530-1942 FAX 303 530-2950 Office 303 473-0111 This document is part of an electronic lending library and preservational electronic archive. F.A.C.T.Net does not sell documents, it only lends them according to the terms of your library cardholder agreement with F.A.C.T.Net, Inc. ===================================================================== \Nov 15 93 Affidavit\Page.00001 1 2 DECLARATION OF STEVEN FISHMAN 3 4 5 I, Steven Fishman, declare as follows: 6 7 1. I have personal knowledge of the facts stated 8 herein, unless stated on information and belief, and if 9 called upon to testify to these facts I could and would 10 competently do so. 11 12 2. I am a Defendant in the case of Church of 13 Scientology v. Steven Fishman and Uwe W. Geertz, Case 14 Number 91-6426-HLH(Tx), United States District Court, 15 Central District of California. I am currently serving a 16 five year sentence for mail fraud and I am on parole, under 17 the direction of the United States Parole Commlssion until 18 probation, under the November 28, 1993, followed by 19 direction of the United States Trohation Office, until July 20 29, 1995. 21 22 3. I was an active Scientologist with the Church of 23 Scientology from March 14, 1979 through July 20, 1990. 24 Specifically and particularly, and since the Church of 25 Scientology does not have an actual membership per se, I 26 was a member of the Hubbard Association of Scientologists 27 1979 until it was International (HASI) from March 14, 28 1 \Nov 15 93 Affidavit\Page.00002 2 renamed the International Association of Scientologists on 3 October 7, 1984. On February 8, 1986, I joined the 4 International Association of Scientologists (IAS) and I 5 became a Lifetime Member Number 12540-221-0002-2061 of the 6 International Association of Scientologists in 1988, until 7 I voluntarily exited the Church on July 20, 1990. I was 8 taking courses and receiving auditing from the Church from 9 March 14, 1979 until November 9, 1980, when I was trained 10 as the Fields Financial Planner of Fort Lauderdale, a 11 non-salaried position. I renewed by contract on November 12 9, 1985 as the Fields Financial Planner of Miami, and 13 continued actively doing that work until the day of my 14 arrest, which was July 31, 1988. 15 16 4. I was arrested for mail fraud in connection with 17 my participation in Operating Acting Classes, which was a 18 covert Scientology operation which involved the filing of 19 false proof of claim forms in derivative shareholder suits 20 for the purpose of creating income. My Scientology post 21 was in Division 3 Treasury, Department 7 Income. I was 22 supervised in this activity by various Scientology Mission 23 and Org staff, including Peter and Barbara Letterese, 24 Denise Franklin Monce, Fred and Dori Hare, Michael 25 Hambrick, Frank Thompson, Ray Jourdain, Leona Littler Grimm 26 and others. 27 28 2 \Nov 15 93 Affidavit\Page.00003 1 2 5. After my arrest, I assisted the Church in the 3 initiative to quash an FBI investigation into their 4 complicity with the crimes for which I was charged. At the 5 same time, agents of Scientology's Office of Special 6 Affairs, including Lynn Farny, Ken Long, Laurie Bartilson 7 and Tim Bowles were actively assisting the Assistant United 8 States Attorney in their prosecution against me, without my 9 knowledge or consent. I was later charged with obstruction 10 of justice in a reverse sting action which was orchestrated 11 by my Scientology "Ethics Officer", Frank Thompson. 12 13 6. I settled the charges pursuant to an Alford Plea, 14 (United States v. Alford, a North Carolina case), which to 15 my best understanding is a guilty plea in which I contended 16 that I was innocent but nevertheless responsible for the 17 charges alleged in the complaint. I did so because the 18 District Court relied upon Frye v. United States, 293 F. 19 1013 (D.C. Cir. 1923), and various Ninth Circuit decisions 20 which followed Frye. The Frye test was found to be wrong 21 under the recent United States Supreme Court Case of 22 Daubert v. Merrell Dow Pharmaceutical (1993), 113 S.Ct. 23 2786. Had my expert witnesses Drs. Margaret Singer and Dr. 24 Richard Ofshe been allowed to testify in full regarding 25 Scientology's use of mind control to direct my behavior, I 26 would not have settled the charges at that time. 27 28 \Nov 15 93 Affidavit\Page.00004 1 2 7. As a convicted felon, Scientology will vehemently 3 argue that I am a criminal and I am not to be believed. 4 However, even someone who has been to prison and has been 5 convicted of a crime can nevertheless be honest and 6 forthright; and I personally know that my most worthwhile 7 asset is my integrity. 8 9 8. I was a witness to and have knowledge of 10 Scientology's "dirty tricks" operations in 1986 during the 11 trial of Wollersheim v. Church of Scientology of 12 California, which were directed at Larry Wollersheim, his 13 attorney, his witnesses, and the Judge and jury in that 14 trial, known as Operation Wolly. This operation was 15 referred to by Scientology staff as a covert component of 16 the "Wollersheim Crusade" and the "Battle of Los Angeles." 17 18 9. In the late summer or early fall of 1986, I was 19 taking training at Scientology's American Saint Hill 20 Organization in Los Angeles. I was studying the Saint Hill 21 Special Briefing Course and I was superviseh on this course 22 by Course Supervisor Ken Shapiro, who had also been an 23 active registrar for the course. 24 25 10. I was assigned to do "twinning" with another 26 Scientologist, by the name of Lenny Leibowitz. Twinning is 27 a process whereby two Scientologists work together and 28 4 \Nov 15 93 Affidavit\Page.00005 2 co-audit each other, and at the same time they are 3 responsible for each other's progress on the course and 4 indicate each other's gains on worksheets which become part 5 of the preclear folder, or record of progress of the 6 student or preclear in Scientology. 7 8 11. The particular part of the Saint Hill Special 9 Briefing Course with which I co-audited Lenny Leibowitz was 10 Section B. One of the subjects which Lenny Leibowitz and I 11 co-audited each other on was Checksheet Number 48, Chapter 12 24, Column V, The Ability to Handle Responsibility. I made 13 written entries in the preclear folder of Lenny Leibowitz, 14 and I turned it in to the Course Supervisor, Ken Shapiro. 15 16 12. Mr. Leibowitz is from White Plains, Westchester 17 County, New York, and was working as an intern with the 18 Office of Special Affairs for the Church of Scientology. 19 He told me that his mother's first name was Doris and that 20 she had a complex because she was very short. I also 21 recall Lenny Leibowitz's birth date of October 26, 1949, 22 since he is exactly one month older than I am. 23 24 13. During the course of handling a "present time problem" within the context of the material we were 25 26 studying relating to The Ability to Handle Responsibility, 27 Mr. Leibowitz related to me that he was having difficulty 28 5 \Nov 15 93 Affidavit\Page.00006 1 2 handling the fact that he had drowned a dog. Mr. Leibowitz 3 informed me that the dog was a collie by the name of 4 "Duke", and that he belonged to a Judge Swearinger who 5 lived in the hills of Los Angeles. When he disclosed this, 6 I "ran" Mr. Leibowitz on "rudiments" in order to fully 7 handle this "present time problem" in order that we could 8 go on with the course and not get hung up on the checksheet. Running someone on rudiments is a pre-auditing 9 10 action in Scientology designed to eliminate the barriers to 11 the preclear being audited properly. Mr. Leibowitz 12 informed me in 1985 that he was ordered to drown the dog by 13 Kendrick "Rick" Moxon of the Office of Special Affairs of 14 the Church of Scientology. Mr. Leibowitz also stated to me 15 that he had some indecisiveness about doing this, but Mr. 16 ~oxon informed Mr. Leibowitz that "if he didn't do it, 17 someone else would." 18 19 14. During the process of running the rudiments, 20 Lenny Leibowitz told me that he was driven to the Judge's 21 house in a white late model Jeep Cherokee by another intern 22 with the Office of Special Affairs of Scientology, Clarice 23 Guidice. Mr. Leibowitz told me that Clarice Guidice was on 24 an internship from the ~ilan Org in Italy, and she spoke in 25 with a thick Italian accent. He described her as a girl 26 her mid-twenties, who had a "chunky pot belly." He further 27 stated that she did not own the white jeep, but rather it 28 6 \Nov 15 93 Affidavit\Page.00007 2 was owned by a senior staff member at the Office of Special 3 Affairs in Los Angeles. Mr. Leibowitz told me that Clarice 4 Guidice had something he called an "international driver's 5 license." 6 7 15. Mr. Leibowitz told me that when he arrived at the 8 Judge's house, he walked around the back of the house while 9 Clarice Guidice remained in the jeep as she was driving. 10 The dog approached Mr. Leibowitz, and then he pushed the 11 dog into the pool and sat on the dog until the dog drowned. 12 M'r. Leibowitz also complained that his clothes were all wet 13 and he foolishly had not brought a change of clothes with 14 him. 15 16 16. After Lenny Leibowitz disclosed all of the above 17 information to me, we were both but individually given a 18 Security Check and I was assigned a new twin, whose name 19 was Jay Grossfeld. In retrospect, I believe I was 20 separated from Lenny Leibowitz so that I would not discuss 21 this with him anymore. I co-audited with Jay Grossfeld a 22 short time before having to return to Florida to check on 23 the pending status of various class action lawsuits in 24 Operation Acting Classes. 25 26 17. I had not previously related this information to 27 anyone prior to September, 1993, as I did not recall that 28 7 \Nov 15 93 Affidavit\Page.00008 1 2 Judge Swearinger was the trial judge in the case of 3 Wollersheim v. Church of Scjentology until August of 1993. 4 5 18. As part of Operation Wolly in August of 1986, 6 Deborah Truax directed me to call up jurors in the 7 Wollersheim case in the middle of the night and hang up on 8 them. 9 10 19. During August 1986, and as part of the 11 Wollersheim Crusade also known as the Battle of Los 12 Angeles, I attended a meeting at the War Room of the Office 13 of Special Affairs which was located at the 1300 block of 14 Berendo Street in Los Angeles at the time. In attendance 15 were Deborah Truax of Golden Era Productions, John 16 Stachelrodt and Sarita Alvarez of Bridge Publications, 17 Candy Healey of Golden Era Productions, and several OSA 18 personnel including the Director of Special Affairs of 19 Golden Era Productions and others whom I do not remember. 20 Golden Era Productions and Bridge Publications are business 21 entities controlled and directed by Scientology. Deborah 22 Truax told me that she was an operative on loan from Golden 23 Era Productions to the Office of Special Affairs and that 24 she was assigned to and taking orders directly from Rick 25 Moxon. 26 27 20. I had been invited to the meeting to report on 28 8 \Nov 15 93 Affidavit\Page.00009 1 2 surveillance I had undertaken at the office of Charles 3 O'Reilly, as well as to turn in my Completed Staff Work on 4 the Bingoing Project, which involved the flooding of the 5 law office of Charles O'Reilly with unwanted junk mail 6 during the past thirty days. 7 8 21. It was at that time that Deborah Truax gave me 9 the telephone number of Dr. Louis Jolyon West, and directed 10 me to repeatedly call his home between 2:00 AM and 5:00 AM 11 for three successive days before he was scheduled to 12 testify on behalf of Lawrence Wollersheim in the 13 Wollersheim Case. Deborah Truax had also ordered me to 14 raid the trash bin of Charles O'Reilly, attorney for Larry 15 Wollersheim, which I did. 16 17 22. At this meeting I turned over to Deborah Truax 18 the materials which I had accumulated by raiding the trash 19 dumpster of Charles O'Reilly, located at his law office 20 which to the best of my recollection was on a main 21 thoroughfarein Santa Monica, California. The cont~nts of 22 Charles O'Reilly's office garbage were examined in the blue 23 building by agents of the Office of Special Affairs in my 24 presence. 25 26 23. During that meeting, I overheard Deborah Truax 27 tell John Stachelrodt that the Office of Special Affairs 28 9 \Nov 15 93 Affidavit\Page.00010 2 had assigned an agent to work in the law office of Charles 3 O'Reilly as a typist/clerk/receptionist, The typist, whose 4 name I do not recall or may not have been privy to, was 5 placed there by OSA for two purposes, or major operating 6 targets. I do, however, recall what these targets were. 7 8 24. The primary operating target was to copy legal 9 briefs prepared by Charles O'Reilly and turn them over to 10 Marty Kathbun at the Office of Special Affairs. 11 12 25. The secondary operating target was to influence 13 Charles O'Reilly into forcing Lawrence Wollersheim to 14 accept a settlement from the Church of Scientology. This 15 operation was simultaneously designed to create an 16 irreparable rift between O'Reilly and Mr Wollersheim since 17 Deborah Truax told me that there were differences between 18 the two of them regarding the settlement negotiations. She 19 told me that the Church intended to put pressure on 20 O'Reilly in order to induce him into dropping Larry 21 Wollersheim as his client and'leaving him without counsel. 22 John Stachelrodt mentioned that there were two settlement 23 offers: one for six million and then another for ten 24 million and that Charles O'Reilly wanted Wollersheim to 25 accept them, but that Wollersheim was unwilling to do so, 26 according to the typist who worked there. 27 28 10 \Nov 15 93 Affidavit\Page.00011 1 2 26. In August of 1986, a female OSA representative 3 directly under Scientology official David Butterworth told 4 me and the other OSA agents that the Office of Special 5 Affairs had access to a botulism culture from a medical 6 laboratory which he wanted the typist to introduce into 7 O Reilly's food, in order to induce a "terror stomach" (his 8 exact words) to O'Reilly, in order that he would be less 9 effective during the days of the trial. 10 11 27. On or about or prior to my calling up the jurors, 12 I was called upon to transcribe various hard copy documents 13 into a terminal of the INCOMM computer located at the 14 office at North Catalina Street, and I was brought in to 15 INCOMM by Deborah Truax of Golden Era Production, who was 16 also the junior to the OSA liaison there by the name of 17 Linda Hamil As the Fields Financial Planner of Miami, I held a password on the INCOMM system which was the word 18 19 "wogdom" followed by a backslash and my clearance number 20 which was 15223. I was assisted in logging on and 21 accessing the correct data base by a Sea Org Member whose 22 nickname was "Pacman." He was about 19 years old. I was 23 recruited to work on a OSA project which was called 24 "Mission Find the Crimes" and I had volunteered 40 hours of 25 computer time to INCOMM, and my computer time was approved 26 by the Deputy Director of Intelligence for the Office of 27 Special Affairs, who at the time was Marty Rathbun. 28 11 \Nov 15 93 Affidavit\Page.00012 1 2 28. One of the documents which I had to transcribe 4 into the INCOMM data base was an internal memo which 5 described how OSA Investigator Eugene Ingram had hired and 6 recruited a teenage Mexican male prostitute named Pablo 7 Garcia to seduce the son of Judge Swearinger at a gay bar 8 which Eugene Ingram had discovered was frequently visited 9 by the Judge's son. I recall reading that Eugene Ingram 10 found this boy in a park in East Los Angeles which was a 11 " known spot" (according to the memo) frequented by young, latino male prostitutes. There was also a financial chit 12 13 in the folder where Eugene Ingram wanted to be reimbursed 14 from Rick Moxon for the two hundred dollars he gave Pablo 15 Garcia to get the Judge's son to accompany him to an 16 apartment on Vermont Avenue where he was photographed with 17 the boy. The file later contained other data which confirmed that three or four encounters had taken place 18 19 between Judge Swearinger's son and Pablo Garcia. Another 20 OSA Investigator named Jose Ruiz was later sent out to 21 question and intimidate the boy, in order to compel him to 22 make a coerced statement or confession indicating that the 23 Judge's son was periodically having sex with him. 24 25 29. I recall not knowing how to transcribe the 26 financial chit into the data base and when I asked Pacman me to just "handle it." Not wanting to 27 for advice, he told 28 12 \Nov 15 93 Affidavit\Page.00013 1 2 leave anything out, I entered every word that was on the 3 chit, in order from left to right, top to bottom. I recall 4 that the file was signed by Linda Hamil, who was the same 5 person who ordered Deborah Truax to give me the file and 6 directed me to do the work. I never met Linda Hamil. 7 8 30. The file was a Program called Program Pablo 9 Garcia, which was part of a Project called Project Wild 10 Bill, which in turn was part of Operation Wolly, which I 11 have since discovered related to the targeting of Lawrence 12 Wollersheim and his lawyer at the time, Charles O'Reilly. 13 14 I declare under penalty of perjury under the laws of the 15 State of California that the above is true and correct 16 17 Executed November 15, 1993 at Sunrise, Florida. 18 19 20 November 15, 1993 S FISHMA1 21 Dated: Apartment 116 22 8851 Sunrise Lakes Boulevard 23 Sunrise, Florida 33322-1413 24 25 26 27 28 13 \Nov 15 93 Affidavit\Page.00014 1 Daniel Leipold Hagenbaugh & Murphy 2 701 South Parker Street, Suite 8200 Orange, California 92668 3 (714) 835-5406 4 Mark Goldowitz 1611 Telegraph Ave., Suite 1200 5 Oakland, California 94612 (510) 835-0850 6 Special Counsel for Defendant Lawrence Wollersheim 7 Lawrence Wollersheim 8 P.O. Box 10910 Aspen, Colorado 81612 9 (303) 650-333~ 10 In Pro Per 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF LOS ANGELES 13 CHURCH OF SCIENTOLOGY OF No. BC 074815 14 CALIFORNIA, ) ) EXHIBITS TO DEFENDANT'S 15 Plaintiff, ) SUPPLEMENTAL MEMORANDUM OF ) POINTS AND AUTHORITIES IN 16 vs. ) SUPPORT OF DEFENDANT'S RENEWED ) SPECIAL MOTION TO STRIKE 17 LARRY WOLLERSHEIM, ) 18 Defendant. ) Date: December 9, 1993 ) Time: 9:00 a.m. 19 ) Dept: 14 20 EXHIBITS TO DEFENDANT'S SUPPLEMENTAL MEMORANDUM 21 23. Declaration of Steven Fishman 22 24. Declaration of Mark Goldowitz 23 A. Order of Court Re Defendant's Special Motion to Strike Complaint Pursuant to CCP 95425.16, Church of 24 Scientoloqy v. Wollersheim, 8/31/93 B. Dismissal of Petition for Review by California Supreme 25 Court, Wollersheim v. Church of Scientoloqy, 7/15/93 C. Remittutur Notice, Court of Appeal, Wollersheim v. 26 Church of Scientoloqy, 10/13/93 D. SB 1264 of 1992 (as introduced, 1/6/92) 27 E. Sen. Lockyer's proposed amendments to SB 1264 (6/11/92) F. Mark Goldowitz memo to Gene Wong (6/12/92) 28 G. SB 1264, after Sen. Lockyer's amendments in Assembly (6/29/92) \Nov 15 93 Affidavit\Page.00015 EXHIBIT 23 ================================================================= If this is a copyrighted work, you are acknowledging by receipt of this document from FACTNet that on the basis of reasonable investigation, you have not been to obtain a copy elsewhere at a fair price, and that you are and will abide by the following copyright warning. WARNING CONCERNING COPYRIGHT RESTRICTIONS: The copyright law of the United States (Title 17, United States Code) governs the making of photo copies or other reproductions of copyrighted material. Under certain conditions specified by law, libraries and archives are authorized to furnish a photocopy or other reproduction. 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