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a.

HUB LAW OFFICES
Ford Greene, Esquire
California Bar No.  107601
711 Sir Francis Drake Boulevard
San Anselmo,  California 94960-1949
Telephone:  (415)  258-0360

Attorney for Plaintiffs
VICKI J.  AZNAP~N and
RICHARD N.  AZNAP~_N

S~P 0 7 8~1

HUB LAW OFFICES

8                                 UNITED STATES  DISTRICT COURT

CENTP~L DISTRICT OF CALIFORNIA

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VICKI J.  AZNAPukN and RICHA/~D N.
AZNARAN,
                Plaintiffs,
vs.
CHURCH  OF  SCIENTOLOGY            OF
CALIFORNIA,   et  al. ,
                Defendants.

AND RELATED COUNTER CLAIM

No. CV-Sg-IVSe-JMI (Ex)

DECLARATION OF  GERALD
ARMSTRONG REGARDING
ALLEGED  ~'TAINT"  OF
JOSEPH A.  YANNY,  ESQUIRE

Date:   September 9,  1991
Time:    Discretionary
Ct:     Hon.  James M.  Ideman

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DECLARAIIOii OF G~ALD ~ ~ ALLEGE~ 'TAIFI"' OF J.X. ~, F. SQ61P. K


             DECLARATION OF GERALD ARMSTRONG

     I, Gerald Armstrong, declare and state that:

       1.1 was a Scientologist and held many positions in many sectors of
 Scientology, hereinafter referred to as 'the organization." from 1969 to 1981.
 l have been involved in organization litigation as a witness. de:endant~
 plaintiff and paralegal from 1982 until the present. I have testified in three
 trials and in depositions in ten organization cases approximately forty-seven
 day:. I have authored over twenty-five declarations concerning L. Ron

__ Hubbard, :cientology practices and the litigation. i am by trade a
   philosopher, writer and artist. In 1986 I rounded a church '~ich now has

 many members internationa1ly.

             2.1 am the defendant and cross-complainant in the case of
 Church o: :cientology of Californ~a v. Armstrong Los Angeles Superior Court
 No. C4 2 0153. A decision in that case was rendered after a lengthy bench
 trial by Judge Paul G. Breckenridge, Jr. on June 20, 1984. The california
 Court of Appeal opinion. No. D025920, issued July 29, 1991, affirming the
 Superior Court's decision, has recently been filed in this case as an e~-~ibit to
 the Aznarans' oppositions.

       3. In December 1986 I entered into a settlement agreement with the
 organization, a copy of which is filed herewith as E.~ahibit 1. The organization
 did not honor the agreement, however, but has continued a program of
 threats and attacks to this day. 1 have detailed what I kne',~- oI t~.ese threats
 and attacks up to March 15, 1990 in ray declaration of that date. The
 circumstances at the W.me of the settlement and a rebuttal of various
 organization attacks are contained in a declaration I executed on December

    1990. i can supply tl~ese declarations to tile Court ii it so wishes.


      4. I make this declaration to respond to various allegations about me
made by the or~:~zation in its paper$ recently filed in this case.

      5- Organization attorney Laurie Bartilson st~tes that my aid
attorney Ford Greene in preparing the Aznarans' recently filed op.DOSit,.OnS tO
organization motions 'violated this Ceurt's orders and the Local i~uies.'
(Defendants' Oppo$ition To Ex Parte Applioation To File Plaintiffs' Genuine
Statement of I$sues [~ic] Re Defendants' Motions (1) To Exclude E_~..~ert
Testimony; and (2) For Separate Tri~l On Issues of Releases and ~aivers;
Request that Oppo$~itions Be Stricken; herein~_fter 'Opp To Ex ?", p.2,3.) I aid
Mr. Greene and the Aznarans out of my own free will and my :ense of right
and wrong. If I am ordered by :my lawfully constituted court to ›ease
rendering suoh aid I will.

      6. Ms. Bartilson states that I '[am] employed by joseph Yanny on
very case.' (Opp To Ex ? p.4) I am not.

             Bartilson state$ that for me "to now have s~.bthed
Greene's office further taints all (empha$is in original) of the papers fileld by
Greene...' (Opp To Ex P P-5) It doesn't, because there w~s not and is not any
taint..

      8. Ms. Bartilson states that my aiding Mr. Greene "i$ grounds for [his]
disqualification." (Opp to Ex P P.5) It isn't; but il this Court were so to order
me, I will comply.

             Bartilson suggests that Mr. Greene should be disqualiIied
because I am "a parale~it formerly employed by defendant's lawyers." (Op?
To Ex P P.5) I have never been employed by any organization lawyer.

      10. Ms. Bartilsen declares that '[she has] been informed by private
investigators hired by [her] law firm that [i] was present at Ford Greene's
offices many times from August 5, 1991 ~hrou:h at least Au~e:_:st 21, 199 l,

                        2


o:ten ~or hours and days at a time." (Opp To Ex P p.9,para 4) i was outside
the United States from August 3 until August 1 O, and not in Marin County
where Mr. Greene's office is located until August 13, 1991. Filed herewith as
Exhibit 2 are copies of my boarding passes :%r my flights from San Francisco
to Johannesburg, South Africa on July 19 and 2 O, returning August 9 and 10.

      11. Organization at~~rn.~y V<iilishnq Drescher :tates that "[a]s [I am]
Yanny'$ paralegal on this case, [my] new affiliation as an ass~.st~nt to Ford
Greene is truly outrageous." (Supplemental Memorandum In Support of
Defendants' Motion To Dismiss Complaint With Prejudice; hereinafter "Supp
Memo," p.4) I am not Mr. Yanny's p~rilegal on this case, and my affiliation

     Mr. Greene is wholly peaceful, lawful, decent, helpful, respectful, and
humorous.

      12. Mr. Drescher states that "Yanny's involvement in this case
continues, this time through a different "extension "--the hrnproper activities
of Yanny's Daralegal, Gerald Armstrong.' (Supp Memo P-5) i am not Mr.
Yanny's paralegal. I answered his call for help during the period he was
attorney of record in this case. 1 spent parts of two days on July 15 and i 6
in Mr. Yanny's office during wiaich time the only 'work" I did was to write
two decl~.r~tions, one of wl~jch was also used by Mr. Greene. Mr. Ya.~.ny gave
me no instructions or suggestions at any time to pass on to Mr. Greene or r~o
anyone else involved in the Aznaran litigation. I am not Mr. Yanny's
"extension" into this ~.se. This organization's actions in attempting to deny
their victims, the Aznarans, not only legal representation but support to the
Aznarans' legal representatives is what is improper.

     13. Mr. Drescher states that in 198~. I was "plotting against tl~.e

                         seekin: out- st~__ff mem.bers ..w~..o would be .w,..llin.~ to
assist [me] in overthrowing Church leadership." (Supp Memo P.5) The


organizat~on is not a church. Organi:ation operatives D:.vid ~uge ~.nd
~chael Rmder :ought me out and g~ned my ~u:t ~rough a close friend

coerced m~ pa~cipa~n: in an opera~on to
en~ap me. The or:~a~on o~ra~ve: :~ed ~at :hey ~.~ed to reform
~e ~r~iza~on and rid it of i~ criminal ac~vi~e: and ~ey asked me t:
help. ~ey said ~ey ~ ~ save :cien~logy ~rom i~ cri~L~al
leader:hip. They-:~d ~ey were opera~ng :e~rec~y ~m ~e
org~a~on for fear 0:, m~r ~a, ~mg ~11ed. They used my :,~11ingness ~
co~ca~ ~d ~ help ~ a~mpt ~ enveigle me in~ ~e cem~ission of a
crime. When ~at f~, ~e or::~ization simply t~s~e~ ~y refusal ~0

                         act in~ fur~er accu:a~on:.

1~. Mr. Drescher s~s ~at ~[t]he Church ob~ined informa~on about
[my]pl~s ~nd, ~rough a ~lice-s~c~oned inves~ga~on, provided [me] ~
   "defec~rs' [I] sought' (Supp Memo P.5) That ~e orgamza~on and i~

lie so many ~es in so many juri~dic~ons over so
ye~s has not made it ~ny mere ~ue now ~an ~en ~hey concocted
~e plot. I :: video~d. The vide~ are :~11 embarrassing ~ me bec:~se
I use fo~ langu~ge. :hat I say does not mean ~at ~e org~iza~on an~ :~

      say it means. A priva~ inves~ga~r (~0, during ~.is period

from ~ LAPD of:icer, ~e ~: ~self susp~nded :ix monks for his

             in ~e cr:e. ~e 0rg:za~on did not 0b~in informa~on about
my plans; it :re:~d ~e :01e o~ra~on, includmg ~at my 'plans" were ~
be.

     15. Mr. Drescher s~: ~at "loin November 30, 1984 [X] met ~th one
                                    one of [my] 'agen~"

(but ~e in reality ~: 1oy~ ~ ~e Ch::h)" (~rens in ori:i~l). ~upp
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Memo P.5) I never considered :hinder my agent, nor did: consider that .:
had any agents. :hinder was not loyal to the ~church." He was being operated
by what the operative: called the "criminal leader:hip."

       16. }/fl. Drescher states that "the conversatio~ [was] recorded with
 written permission from law enforcement." (Supp Memo P.5) It wasn't. The
 Chief of the LAPD denied authorizing the illegal operation, arxd the officer
 was suspended for iais 'permission/'

17. Mr. Drescher quotes some out-of-context statements from my
__November 2984 meeting with Mich~el l~.inder and avers that they me~nt

 that I was recommending that the group of "reformers" did not need "acr, u. al
 evidence of wrongdoing to .make allegations in Court agai.-;si the Church
 leadership." (Supp Memo P-5) My answer to Rinder is out of frusLration
 because he appeared to be unable to understand that a complaint
 a~Jegations. and the proof of the allegations is achieved hhrol~gh
 documentation a:d tesEirp..ony, including even hhe well-kao~vm fact of ilqe
 organization': long history of destruction of evidence, obtained ~Jirough the
 litigation up to the end of ifial. Elsewhere arid in other conversations I
 discussed with the 'reformers" what was actually Lqown and documented,
 and which could be alleged in the complaint they insisted they wanted
 file. I discussed with the ~reformers"an inventory of criminal acts for which
 we knew the organization was respons~ble. They included burglarf of state
 and federal offices, theft, obstruction of justice, blackmail, ass~ult, civil rights
 violation:, immigration fraud, tax fr~ud, attempted e~.t~aprnent of Federal
 judges, framing of my own attorney Michael Flynn, the ~-.se of preclear folder
 information against all Scien~,9~ogists, all the acts .Wl~..ich flowed from ""fair*'

        and ii~.e use of Lb.heir charitable corporario.-. fl.~.nds .~? carry o:st t.nese
 criminal acts.


      18. Organization attorney Eric Lieberman states tin. at 't~.e utter
disregard of the truth that the Aznaran$ have made the trademark of their
li,~ga~ion effort, bears the ~&~imistakable signat~ure of Ger~id Armstrong,
whose theory of litigating against Churches 0f Scientology, as capr..ured 0n
videotape in 1984, i$ not to worry about what the facts really are, but
instead b choose a state of "facts" that should survive ~ challenge by t2ae
Cr:urch and "just allege it." (Reply In Support of Defendants' Motion For
Summary judgment Based On the Statute of Limitations; heroinafter "Reply
Stat Lira," p.2,3) This is not true. It is simply further exDloitation of the
fruits of the organization'$ covert actions against me: the ille~cal 1984
videotape regarding what the organization calls the "Armstrong Operation,"
Until I started to help Mr. Greene, I had nothing to do with the Aznaran case,
which was filed in April 1988, except for my help b IvIr. Yanny described in
paragraph 12 above. I have given no facts to the Aznarans, nor any legal
strategy. Besides the declarations I have written, a11 of which are new
before this Court, I have written nct one word in any of the filed papers. My
help to Ford Greene in a11 of the papers recently filed has been in
proofreading, copying, co]lating, hole-punching stapling, sternping,
packaging, labeling, air freighting and mailing. Mr. Greene and I have had
several conversations during this period, some of which certainly concerned
the litigatiori.

      19. Mr. Lieberman states that 'gilt is clear that [my] influence and
philosophy permeates the Aznaran's oppositions.' (Reply Stat Lira P,3) I
pray that that is tnie, because my philosphy in litigatlng against the
organization is to tell the truth, have the faith that. no matter what lies the
org:h-iizatiori tells or operations it runs or how threatening the organization
appears to be, truth wit1 prevail; that, no matter how the organization

                       6


perverts the law, m~r~ipulates courts, testifies falsely, fights unfairly, ~nleld~q
re]i:ion as a sword :dad then a shield and abuses the legal process, justice
will, if fought for honorably, triumph.

       20. Mr. Lieherman states that "loin August 19, 199 1 [i] adrmtted to
 one of defendants' counsel that [I] wis at Greene's office "helping out.""
 (Reply St/at Lim P.3) I admitted no such thing. I was doing nothiss even
 faintly improper which would require admission. I have been completely :.:.p
 front about my being in Mr. Greene's office and helping him. It is the

__ organization vfnich has skulked around and engaged in improprieties which
   it should admit to. I was so shocked when I discovered Lhe organization
   operatives videotaping me on August 2 0 that I wrote Mr. Lieherman to
   protest the harassment. When I found the operation con~nuing on August

           wrote.. Mr. Liel~erman, and called h~.'s office, e_dvised one of .his
 associates of the operation ind pleaded that it be called off. Copies of my
 letters are filed herewith as Exhibits 3 and 4. Mr. Lieherman has not
 answered my letters, his not mentioned them in his papers, :v~ich he signed
 on August 2 6, but has escalated the attack on my character and intentions.
 The operation has continued at ieast until August 30. Because of its form
 and nature, and because of my knowledge of organizatio~ operations and its
 philosophy of opportu:nstic hatred, I believe that this operation does not
 have as its major goal the proof that I am he!ping Mr. Greene. I believe its
 goal is intimidation and the assembly of intelligence information for future
 acts.

       21. Mr. Lieherman states that "the real thrust of the Aznarans'
 Opposition is....the ~iust alleg~e it" philosophy of Yanny's paralegal, Gerald

 Arrest. fort:.~ (Reply Star LLm P.33) I am not Mr. Yanny's .p~_ralegal, e,nd "just
         it" is reilly the org~ni~ation's litigation theory. L. ~on Hubbard

                        7


es~bli:hed the Guardian's Office a:~d then the Office ef :pecial Affairs to
carry out his way of litigating:

         'an the face ~f danger from Governments or courts  ......

             attacked on some vulnerable point by an,~on.e or anything
         any org:_,uzation, always find or rnan1lfact~Ire (empa:is added)
         enougia 'threat a:ainst them t0 cause them.. to sue for peace.' L.
         Ron Hubb~rd, Policy Letter 0f 15 August, 1960 'Dept 0f Govt.
         Affalrs.' (Exhibit 5)

_.     22. Mr. Liebet:nan states that "[ray] "helping out" while the Opposition
 was concocted not only reveals the con~in~ing taint of Yan_n.y's inv0lve.m. ent
 with this ca:e, it establishes the g~icling principle that resu_t~.ecl ha [the]
 Opposition..." (Reply Star Lira p.34) Not one thing, not the ability to
 proof read, photocopy, c011ate, h0le-punch, staple, package, label, air freight
 0r mail that I did in connection with the preparation 0f the ~narans'
 oppositions, did I learn from Mr. Yan~y. Not the ability to spot and confront
 organization operatives did I learn from Mr. Yanny. Not the ability ~0 write,
 nor any fact or idea or word in any declaratie~ did
 have been the target 0f 'f~r" game since
 understand its philosphy. I know the 0rganization's litigation theories and
 practiceœ a:~d I understand the ps~chop~thology 0f L. ~,on Hubbard
 he and his organization came t0 be viewed by Courts as paranoid and
 schizophrenic. There is nothing Mr. Yanny co~Id possibly tell me which
 would surprise me or be additional to what I know about tin. is organization.
 Mr. Yanny has provided no 'guiding principle" whatsoever..~"he 0rganiza~.ion,
 by making and maint~njng fair game as its guiding principle, established the
 guiding principle in this litigation. The fair game doctrine will dog the
 organization as 10ng as there are honest and free men or until the

                        8


organi:ation, not denie: its ~xi~tence, but :ompletely and :incer~ly
repudiates it.

      23. Mr. Lieberman :tates that '[my] philo:ophy of litigation i: that
facts arid the truth are irrelevant and that all that i: required to prevail i: to
allege Whatever need: to be alleged." (l~epl~ Star Lira p.34) I have surviveCl
a11 the cross-examination and depositions by the organization, the
documentation attack~ by the organization, the chara:ter assassination by
the organization, the ~:e of my preclear folder information, the operations,

. the threats, the as:aults, because truth i_s relevant. Although there
  undoubtedly is some memory 10ss over the past twenty-two years, and
  ~Ithough there rnaF even be some discrepancies in forty-seven days
  :worn te:timony, I have :urvived e:~n.inat/on and cro::-exg_mination
  because 1 have, a: much as is humanly possible, told tin. e tx~th. I have :aid
  what I have known, known when I CliCln't know ~omething, and stated my
  0pinion: a: opinion:. It i: my 0pinion that one hone:t man :an coniron: an<1
  vanquish ~ dishone:t orgamzaf/~n, no matter how big 0r how organized.
  Gr~tefully there e. re a few honest men to make the work lighter.

      2a.. Mr. Lieberman :tates that '[t]he Aznarans' de:perat/en to clefeat
this motion is so profound that they resort not 0nly to the 'iu:t al~ege it"
lit/gat/on philosophy 0f Joseph A Yanny's paralegal a~signed to this
Gerald Armstrong, but also to enli:t/n: Armstrong's help in this cynical,
anruhing-you-have-to approach to the truth." (Reply In Support o:
Defendants' Motion For S~:rn~nary Judgment Pursuant T0 the First
Ame~dment; hereinafter Reply Fir:t Am, p. 2) I am not Mr. Yanny':
paralegal, and I am not assigned to thi~ ca~e. The desperation which
resulted in the enllst/ng of my help h._d -~_ purel? !cgi:~/c~_l t~_-~i.--. Mr.
faced a mountain of Org~n~TatiOnal motions Wh/ch required opposit~ons, and

                        9


no time to do them. He has no employees but a secretary who comes in a
couple of evenings a week sometimes and sometimes on ~.turdays. He
needed s~imple office backup in the form of proofreading, photocopying,
collatin~, hole-punching, etc. I am blessed with those simple office skills,
and I have a knowled:e of the subject matter and the cause in which Mr.
Greene l~bors. I am'aware of the awesome disparity of resour~es between
Mr. Greene and the army of law firms, lawyers, paralegals, secretaries, and
organizational legal m~chinery of his opposition. I am aware of the

organization's policies and practices of neutralizing or el~_m. inating the legal
          its enemies. How could anyone resist a call to help in tl~.is

           It was not a conspjratorial thou:ht that plunked me down over a
year ago within running distance of the Hub Law O:f ices and sporting the
same mp code. V~hat It was was merely making the inevitable not only
funny but easier.

      2 5- Organizatjon a~orneys have made much of the fact that Joseph
Yanny has bee~i enioined from representing me in litigaf.~on adverse to the
organiz~tion. (Op To Ex P p. 10; Supp Memo p.4) He is, of course, its former
attorney. I have been working with Mr. Gr:ene since August 17. I have not
seen nor heard one word of Mr. Yanny's influence in this case, beyond the
fact that the organization just alleged it.

      I declare under penalty of perjury under the laws of the State of
California and the United States that the f›regoing is true :_n.d correct.

    Executed on September 3, 199 i at Sleepy Hcliow, Cal~Jornia.

                       10

              1                           PROOF OF SERVICE

              2   I am employed in the County of Marin, State of California.  I

              3am over the age of eighteen years and am not a party to the above

              4entitled action.  My business address is 711 Sir Francis Drake

              5Boulevard, San Anselmo, California.  I served the following

              6documents:     DECLARATION OF GERRY ARMSTRONG REGARDING ALLEGED
                              'TAINT' OF JOSEPH A. YANNY, ESQUIRE
              7
              on the following person(s) on the date set forth below, by placing

              a true copy thereof enclosed in a sealed envelope with postage

              !,,the-reon fully prepaid to be placed in the United States mail at-San

              Anselmo,    California:     SEE ATTACHED SERVICE LIST
              11

              12 [X]   (By Mail)    I caused such envelope with postage thereon
                                    fully prepaid to be placed in the United States
              13                    Mail at San Anselmo, California.

                                              such envelope to be delivered by hand
              14   (Personal        I caused
                   service)         to the offices of the addressee.
     "o
              15
                   (State)          I declare under penalty of perjury under the
     @d;      16                    laws of the State of California that the above
                                    is true and correct.
              17
              [X]   (Federal)       I declare that I am employed in the office of a
                                    member of the bar of this court at whose
                                    direction the service was@
              19
              DATED:        September 4, 1991
              20

              21

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              2@

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              2 -D                                                     00     37




              . . . . . . . . . . . . . . .D@ION OF G@          @M -@ OF J-A.

                                 AZNARAN VS- SCIENTOLOGY

             2
                                       Service List
             3
             JOHN C. ELSTEAD
             4Clifton, Polson & Elstead
             6140 Stoneridge Road
             5Suite 500
             Pleasanton, California 94588
             6
             EARLE C. COOLEY
             7Cooley, Manion, Moore & Jones, P.C-
             21 Custom Hcyuse Street
             8Boston, Massachusetts  02110

             9ERIC LIEBERMAN
             Rabinowitz, Boudin, Standard,
             113 Krinsky & Lieberman, P.C-
             740 Broadway at Astor  Place
             11 New York, New York 10003-9518

             12 WILLIAM T. DRESCHER
             23679 Calabasas Road, Suite 338
             13 calabasas, California  91302

             MICHAEL L. HERTZBERG
             740 Broadway at Astor  Place
             15 New York, New York 10003-9518

             1 -0 LAURIE J. BARTIISON
             Bowles & Moxon
             17 6255 Sunset Boulevard, Suite 2000
             Hollywood, California  90028

             JAMES H. BERRY, JR.
             19 2049 Century Park East
             Suite 2750
             20 Los Angeles, California 90067

             21 JOHN J. QUINN
             Quinn, Kully & Morrow
             22 520 south Grand Avenue
             8th Floor
             Los Angeles, California 90071

             5
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             27                                                  g o   38
             19

             ...............    DECLARATI,. , ERALII -@nnc ALLEGED OF J.A.

 
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