------------------------------------------------------------------- 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. ===================================================================== IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MARGERY WAKEFIELD, ) ) Case No. 82-1313-Civ-T-10 Plaintiff, ) ) IN CAMERA vs. ) DECLARATION OF ) MICHAEL LEE HERTZBERG, ESQ. THE CHURCH OF SCIENTOLOGY ) OF CALIFORNIA, etc., ) ) Defendant. ) ) MICHAEL LEE HERTZBERG hereby declares and states: 1. I am an attorney who has previously appeared before this Court on behalf of the defendant Church of Scientology of California ("the Church") in this matter. My co-counsel is Paul B. Johnson of the firm of Johnson and Johnson in Tampa. I submit this Declaration in support of the Church's Motion for Order to Show Cause Why Plaintiff Should Not Be Held In Criminal Contempt. I have personal knowledge of the facts set forth in this Declaration and could competently testify thereto if called as a witness. 2. On or about November 18, 1992 a television program entitled "Au Nom De La Loi" ("In the Name of the Law") was broadcast in Belgium by station RTBF (the "RTBF Program"). The narration and most of the interviews on the RTBF Program are conducted in French. Some of the interviews are in English with a voice over narration in French. 3. The RTBF Program includes several segments in which Margery Wakefield speaks on camera and is identified by name. ,~.;',i~'.!ji[ ........ i___-- Counsel representing the Church herein viewed a videotaped copy of the RTBF Program and concluded that remarks were made by Wakefield during the Program which violated an injunction entered by this Court against Wakefield dated May 16, 1989. 4. Counsel hired a translator, Annette T. Gordon, to translate the RTBF Program from French to English and to prepare a transcript of her translation. Ms. Gordon, who has no relationship to the Church, has experience providing transcriptions from French to English for the United States Customs Service and has also translated from French to English in proceedings in the United States District Court for the Middle District of Florida. Attached as Exhibit B herein are eleven pages containing the portions of the transcript prepared by Ms. Gordon in which Margery Wakefield either speaks or is referred to, together with an affidavit from Ms~. Gordon certifying the accuracy of her translation and reciting her professional qualifications. Should this Court desire, the Church will file the forty-one page translation of the entire RTBF Program as well as a copy of the videotape of the Program. The Church has not done so at this time to avoid burdening the Court with excess material. 5. Significant portions of the RTBF Program were filmed in or about Clearwater, Florida, and Clearwater appears to be the venue for the segments involving Wakefield. - 2 - 6. Wakefield is introduced on the RTBF Program as a former Scientologist qualified to describe what the Church of Scientology is like based upon her personal experience. 7. The narrator of the RTBF Program reports that Wakefield has disclosed that she was transformed by the Church into a "zombie" by techniques of "brainwashing": VOICE: For 12 years MARGERY was a convinced Scientologist. And, now she's revealed to us how the sect transformed her into a zombie, an obedient and docile robot. The method is simple and frightening at the same time. A daily drill exacerbated by the techniques of brainwashing. 8. During the RTBF Program Wakefield claimed that the Church's training routines are designed as hypnotic processes: MARGERY: T-R-O-, the first drill that we did is part of the first Scientology course, which is called "Communication Course." They tell you that this drill serves in helping you better your visual contacts, but, really, is designed to hypnotise. When I was in Scientology, this drill lasted 2 hours. 9. During the RTBF Program Wakefield stated that at the time she worked at the Church's Guardian Office she was aware of the planning of two murders: MARGERY: Michael Meisner was one of the two people that we had planned to murder in 1979. I think it was. And, the day that I was told that, we had the meeting in the Guardian Office, Michael Meisner was handcuffed to a bed. The Guardian Office had him somewhere - 3 - in hiding. The plan was to take him, the next day, out to sea, out to the bay, tie weights on him and to throw him overboard. In Scientology, it's called "Deep Sixing." That was the plan. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on February 11, 1993 at New York, New York. MICHAEL LEE HERTZBERG - 4 - AFFIDAVIT OF TRANSLATOR STATE OF FLORIDA COUNTY OF HILLSBOROUGH I, the undersigned, ANNETTE T. GORDON, being first duly sworn, do certify that the attached transcript is a true and accurate translation from French into English of those portions of the ~~ video tape entitled "In the Name of the Law" in which MARGERY WAKEFIELD appears. I received my Bachelor of Arts Degree from the University of Arkansas in English and in French as an Honors graduate in 1971 and received my Masters Degree from the University of Arkansas in 1974. While at the University of Arkansas, I taught French as a teaching assistant. I am fluent in the English and French languages and have traveled extensively in France. I have provided transcriptions from French to English for the U.S. Customs Service and I have translated from French to English in proceedings in the United States District Court for the Middle District of Florida. ANNETTE T. GORDON The foregoing instrument was acknowledged before me this 22nd day of January, 1993, by Annette T. Gordon, who has produced a Florida Drivers' License as identification and who did take an oath. Notary Signature ,,,,,", ,~ VALERiE ALEKSANDAR I o' ~'C Nofa'y Public. Stale of Florida J -. ,: ~c ~;., "~" MyComrn. Exp~.~esFeb. 25,1994J VOICE: In Clearwater LUC meets MARGERY, former Scientologist. MARGERY spent 12 years in the sect and everything MYRIAM experienced, she experienced herself. She knows why MYRIAM ran away from all discussions with her father. To the sect, all enemies of Scientology are suppressire people, who must not be visited on any occasion. MARGERY (Caption below woman reads: MARGERY WAKEFIELD, American Ex-Scientologist): When you are in Scientology, if you have any problems at all, the first thing you do it is a specific Auditing procedure to find out who in your environment, in your family, that is the suppressive person for you. That -14- person preventing you from not doing as well as you should be doing. In my case, when I did this Auditing, I dis- covered that my father was the suppressire person in my œm~ily. And, I've done 'the same thing that MYKIAM. is doing now. I wrote him a letter and I said that'I never want to see you again. I really believed that my father waslike 'the devil. He was evil incarnate. ' I{0GGE: In Clearwater, LUC discovered MYRIAM'S real address -- a dilapidated housing complex where the Scientology staff resided. This property consists of 400 houses anda large nm~er of Adepts, a thousand, live there. LUC: ~ong these there are approximately 50 Adepts, who, at the time when my daughter was there, belonged to the Gulag Scientology, which corresponds to the address RPF, which means "Rehabilitation ~orce." In reality., that's the place where rebels, or the young who have been found guilty of mistakes against the sect are kept. FH~{GERY (/unerican Ex-Sciento16gist): It is a prison... You have to wear a prison uniforms. You have an aL7nband that you wear on your arm so that everyone knows that he must not talk.to you. You work very long hours each day. You can sleep only 6 hours a night. You.can't speak to anybody unless you're spoken to. In many cases, you have to eat meals that other people have left on their plates. It's a very demoralizing experience, very dehumanizing experience. I can't tell you for an Ex-Scientologist who's been in the RPF, the word RPI.~ gives ~ne a feeling oœ sucll dread. Like nothing else..I.' know. ' ' ' VO'ICE: LUC' ~ 'trip was a failure MYRIAM remained deaf =. to all 11is appeals but a very small hope remainedú A line' (existed)ú MYRIA~ accepted a veL~ last appointment. LUC: And, upon time to leave, ~YRIAM said to me, "You know, tAlere ' s notlling more to do between us after everything ' s tllat's happened. After 'the threats you've made against Scientology. ~ will not see you anymore. I won,t..accept anymore contacts by telephone. I will not answer your letters until I have formal proof that you will not execute the 'threats you have spoken." These were her last words= before we left each other. And, then, I returned to my country with a broken lieart. VOICE: LUC will never give up. I-Ie knows tTlI. at since he's met MAllGERY, that sooner or later, MYRIAM will leave the sect and lind '[reedom again as MARGERY has done. -16 - VOICE: For 12 years MARGERY was a convinced Scientologist. And, now she's revealed to us how the sect transformed her into a zombie, an obedient and docile robot. The method is simple and frightening at the same time. A daily drill exacerbated by the techniques of brainwashing. MARGERY wanted to do a faithful recreation. MYRIAM's brother PIERRE accepted to be the guinea pig. Scene depicts MARGERY and PIERRE sitting in two chairs. -19- MARGERY: One, for moving your face. Start! One, for laughing. Startl One, for blinking. Start! T-R-O, the first drill 'that we did is part of the first Scientology course, which is called "Conmlunication Course." They tell you 'that this drill serves in helping you better your visual contacts, but, really, is designed 'to hypnotise. When I was in Scientology, this drill lasted 2 hours. If you blinked your eyes or moved, the teacher would tell you, fail, and each time, you'd start again for 2 hours. And, you do this drill over and over again in each Scientology course. A Scientologist could do this drill for .hundreds of hours. Scene depicts MARGEKY and PIEKRE sitting in chairs. MARGERY: I-Iotstuff in bedl We hear that you're hotstuff in bed. OK. I guess that's ~lat. You're pretty cute. Flunk, for moving your eyes. Start. You're pretty cute~ I know. Flunk, for laughing. Start You're pretty cute. I don't know, your nose is a little big, though. Does your wife think you're cute? Does she have any complaints with your perfo~m~ance? I'll have to ask her the next time I see her. Flunk! For moving your eyes. Start~. -20- The second drill called "Bull-baiting" tries to locate the things that a person reacts to. And, to train the person not to react anymore. And, "Bull-baiting" is done often enough and long enough that, at the end, the person becomes a robot and doesn't react to anything anymore.' Scene depicts MAKGERY and PIERRE with a table, 2 chairs, and a vase of flowers, and some candy. MARGERY: This is 8C. Start! Touch that chair. Thank you. Touch those flowers. Thank you. Touch that ashtray. Thank you. Touch the seat of that chair. Thank you. Touch that candy. Thank you. Touch that chair. Thank you. Touch that table. Thank you. Touch that chair. Thank you. MARGERY: This is a drill which is called "Control Drill." And, this drill essentially teaches a person to obey an order or a request that he is given and to obey any o~der he is given without question. Scene depicts 2 chairs, a table, an ashtray. PIERRE: (shouting to MARGERY) Stand up! Thank you. (shouting to MARGERY) Sit on the table] Thank you. MARGERY: Flunk! Not loud enough. PIERRE: (shouting even louder) Stand up! Thank you. (shouting even louder) Sit on the Table~ Thank you. -21- MARGERY: Flunk[ Not loud enough. .: PIERRE: (shouting louder than last time). Stand up[ .Thank you. (shouting still louder). Sit on the Table[ Thank you. MAKGERY: Flunk[ For not looking at the ashtray. Start[ PIERRE: Stand up[ Thank you. Siton the Table[ Thank you. MARGERY: This is done to 'train a person to give an order with such intensity that it could not be disobeyed. And, an ex- member o~ Scientology told me 'that }Iitler did the very same drill with his men. Except, Hitler used an apple instead of an ashtray. This is the session. ROGGE: The "electrometer," a curious machine, plays an essential role in Scientology. A simplified lie-detector the electro- meter locates "Angrams", painful past memories and previous lives. Scene depicts PIERRE holding onto an electrometer. PIEKRE: Seven million years B.C. MARGERY: 0K. Tell me what happened. PIERRE: I was on a spaceship and I was a surveyor. Another spaceship hurt us. And, another man with . . . unintelligible c~une with, at us, with spaceguns and laserguns and they hurt me. And, I don't remember what happened. MARGERY: This is a science in which a person returns tohis. ancient memories through his past life and remembers'what- ever happened in his numerous lives. There are millions and -22- millions of years. A person does Dianetics for hundreds and hundreds of hours. I believe that Dianetics is dangerous because, after a person does Dianetics for so many hours, his sense of reality in relation to his actual life is altered and, I believe, damaged. MA/{GERY: This is the Security check. (Speaking to PIERRE) Have you stolen anything? That shows. PIERRE: Yes, when I was a young boy. M~jlGERY: And, what did you steal? PIERRE: Some sweets. MARGERY: Have you ever blackmailed someone? Have you ever been in prison? Are you guilty of something? PIERRE: I took some money from my wife's handbag. MARGERY: Do you have a secret? Have you ever been a drug addict? Have you ever raped anyone? Have you ever practiced homosexuality? Have you ever been sexually unfaithful? What was it? MARGERY: The Security checks in Scientology are adnlinistered by someone called the "Ethics Officer." And, first, they ask a lot of ques'tions about himself and about sensitive details of his life. Everything they say is written down and kept by 'the organization. And, I do know that this information is used later on 'to blackmail, or, if the person threatens -23- to sue the organization, to wrong or harm the person. In Scientology there are no parts of your life which are unknown or unrecorded and kept by the organization for use later on. Scene reverts to studio. ROGGE: PIERRE, MYRIAM's brother is here with us tonight. You accepted doing these 'tests. What impression did you get? PIERRE: In effect, I can answer 'that there were three different impressions. First, before, it was 'to pass the 'test. And, then, the curiosity and the absolute will to understand, I want to understand, what happened to my sister. During, it was at the beginning, I had the impression of a game which quickly became a questionnaire. And, finally, we tried to ú . unintelligible . . . that I passed and to discover myself and 'tried to have vulnerable points. Thirdly, it's afterwards, where, really, I had the impression of someone who had escaped a bad accident, which really made me think of her fear, and, afterwards, think hard about how he had escaped. And, since then, now there are questionnaires for children of 6 years old. That really puts my conscience in tulm~oil. You can really assume a lot of questions which follow are manipulative. I keep then, because I've met M/U{GERY who spent 12 years in Scientology, the hope frankly that my sister can also leave it. -24- Music plays. Scene depicts MAKGEKY. ROGGE: At the 'time MAKGEKY was a men~er of the Guardian office, the secret service of the sect. She had also participated in Scientology's dirty tricks. MARGERY: What I had to do was to break and enter into the headquarters in Washington, D.C., as I was taught, the Association of Anlerican Psychiatrists and steal certain -27- financial records. And,-.I did 'that. Ugh, in another case,' ' 'they 'taught me how to lie in court. And, I was.gOing into court to 'testify against a judge and 'to depose false evidence agains'C-this judge. Michael Meisner was one of the two people that we had planned to murder in 1979. I think it was. ~n~d, 'the day-that I was 'told 'that, we had 'the' meeting in 'the Guardian Office, Michael Meisner was hand- cuffed 'to a bed. The Guardian Office had him somewhere in hiding. The plan was 'to take him, 'the next day,..outto sea, out to the bay, tie weights on him and to 'throw him 'overbOard. In Scientology, it's called "Deep Sixing." That was the plan. I understood later that run~ors were that he managed 'to escape and that he went to the FBI with his' in- formation. l.And, we've never heard him spoken o'~ since then. -28- ================================================================= 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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