------------------------------------------------------------------- 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. ===================================================================== 0001 1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF FLORIDA 3 4 -------------------------------- 5 CHURCH OF SCIENTOLOGY ) 6 INTERNATIONAL, ) 7 Plaintiff, ) 8 vs. )No. 93-6350 JLK (Bx) 9 STEVEN FISHMAN and UWE GEERTZ, )VOLUME I 10 Defendants. ) 11 -------------------------------- 12 13 Deposition of GARRY L. SCARFF, at 14 221 North Figueroa Street, Suite 1200, 15 Los Angeles, California, commencing at 16 10:05 A.M., Tuesday, July 27, 1993, 17 before Lee Brenneman, CSR No. 5222. 18 19 20 21 22 23 24 25 PAGES 1-252 0002 1 APPEARANCES OF COUNSEL: 2 3 FOR THE PLAINTIFF: 4 5 BOWLES & MOXON 6 BY: ROBERT WEINER, ESQ. 7 TIMOTHY BOWLES, ESQ. 8 6255 Sunset Boulevard 9 Suite 2000 10 Hollywood, California 90028 11 12 FOR THE DEFENDANT UWE GEERTZ: 13 14 LEWIS, D'AMATO, BRISBOIS & BISGAARD 15 BY: GRAHAM E. BERRY, ESQ. 16 221 North Figueroa Street 17 Suite 1200 18 Los Angeles, California 90012 19 20 ALSO PRESENT: 21 22 BARRY VARANESE, VIDEO OPERATOR 23 24 25 0003 1 GARRY L. SCARFF, 2 having been first duly sworn, testified as 3 follows: 4 5 MR. BERRY: I understand, Counsel, that you 6 wish to deal with some preliminary matters before 7 we proceed with the deposition. 8 MR. WEINER: Yes. In order to do a video 9 deposition I think we are going to need a 10 stipulation on the record as to how we do it and 11 so forth. I think we are very close and I wanted 12 to confirm some of the details and do this on the 13 record and also get Mr. Fishman's acquiescence to 14 this. 15 As I understand it, we have agreed 16 that the deposition will be videotaped. That 17 there will be a split screen, one camera for the 18 witness, one camera for examining counsel, and 19 that we will also have another camera for any 20 other counsel that's present. 21 We will, in lieu of Mr. Ingram being 22 present at the deposition, we will pay the cost of 23 a regular transcript, and defendant Geertz and/or 24 his counsel will pay for the additional cost of 25 expediting the transcript. And by expedited we 0004 1 are talking about getting a morning transcript by 2 the end of the afternoon session delivered to us 3 and we can make an arrangement, tell us where you 4 will deliver it to at the end of the day. And 5 then an afternoon transcript by nine o'clock. And 6 if it is convenient, if that needs to be done in 7 two pieces, for the afternoon one might be before 8 nine and one might be a little bit after nine, 9 that would be fine too. 10 And then we have another room has 11 been arranged for counsel, the plaintiff's counsel 12 to use. 13 Also the videotaping will be done by 14 an independent third-party, and I will take your 15 representation, Mr. Berry, if you will simply 16 agree that they are independent, and independent 17 meaning that you and neither you nor your firm do 18 business on a regular basis with the Cardoman 19 Group. 20 And I think that is the extent of all 21 of the procedures for the vidoetaping itself. 22 There are a couple of other matters we need to get 23 into, but let me see if that accurately reflects 24 your understanding and also whether you have 25 Mr. Fishman's authority to agree on his behalf. 0005 1 MR. BERRY: I can affirm the arrangements 2 set forth by counsel which were essentially set 3 forth in a series of letters passed between 4 counsel and were arranged in several meetings 5 attended by both counsel. 6 There may be a problem in slight 7 delays with the expedited transcripts but I am 8 assured that the court reporting service should be 9 able to meet the sort of deadline that plaintiff's 10 counsel has requested. 11 And with regard to the room next 12 door, that also has a video monitor and for the 13 transmission of both voice and vision so that if 14 Mr. Ingram does wish to be here, he may listen and 15 watch the proceedings there. And I might add that 16 the expedite arrangements are apparently made in 17 part to enable his review of them the same 18 evening. 19 I can represent that I have spoken to 20 Mr. Fishman this morning and obtained his consent, 21 which we had previously discussed, to the 22 videotaping of this deposition. And with that 23 stipulation all parties, I understand it, are 24 waiving any admissibility issues with regard to 25 the actual technical arrangements as to the 0006 1 videotaping of this deposition. In other words, 2 all parties are happy with the video arrangements 3 for admissibility purposes. 4 MR. WEINER: As far as the technical 5 arrangements, that's true. That doesn't go to any 6 substantive admissibility. 7 MR. BERRY: Of course, but the camera 8 arrangements, et cetera, are acceptable to all 9 parties for admissibility purposes. 10 You have some other issues? 11 MR. WEINER: Yes. Let me tag on, I would 12 assume you want this also, but that's true as far 13 as the technical admissibility problems; however, 14 to the extent there is some kind of a problem with 15 the tape or there is an audio or visual problem, I 16 would reserve objections to that extent. But 17 assuming they work, they are fine. 18 Now, the other issue is with respect 19 to the -- which may be premature because I don't 20 know exactly how long the deposition is going to 21 take. You indicated you expected to go for a day 22 or two, and we indicated we would probably go for 23 at least a day or two as well. If that happens we 24 will be done by Friday. But we are not agreeing 25 to hold the deposition on weekends. The 0007 1 deposition will be done during regular business 2 hours during the week. If we have to continue it 3 past Friday, then we will go on Monday, and if we 4 can't agree to go back on Monday, then we will 5 have to let the Court decide when we go back. But 6 we are not agreeing to hold any testimony on 7 Saturday or Sunday. 8 MR. BERRY: Mr. Scarff, are you prepared to 9 stay next Monday or Tuesday if necessary? 10 THE WITNESS: Yes, I will. 11 MR. BERRY: I expect to, I don't represent 12 that I will finish, but I expect to take probably 13 two days to examine Mr. Scarff. Depends how fast 14 we can move along, which in part is in your 15 hands. But I would expect to go two, two and a 16 half days. I hope to finish earlier. 17 MR. WEINER: So the Saturday-Sunday is not 18 an issue? 19 MR. BERRY: No. We have an understanding 20 that if it is not finished Friday we will proceed 21 Monday or Tuesday, if necessary, until it is 22 finished. 23 MR. WEINER: That's fine. 24 The other issue regards the armed 25 security guard. We had -- you had indicated there 0008 1 was going to be an armed member of the L.A.P.D. 2 Metro Unit present at the deposition. We had 3 responded back -- in fact, you had advised us by 4 fax late Friday. I did not find out about that 5 until Sunday. I faxed you back a letter on Monday 6 morning indicating that that was not going to be 7 acceptable. I think that it is harassment. I 8 think that there is no reason for an armed guard 9 to be present especially when you have three video 10 cameras monitoring the proceedings. I am not 11 going to get into an argument with you about the 12 lack of basis for these claims, but I can tell you 13 that I'm offended that you would ask to have an 14 armed guard to monitor my presence. 15 MR. BERRY: Counsel, is there anyone other 16 than counsel for the plaintiff, Counsel for the 17 defendant, the witness, court reporter and the 18 video operator present in the deposition room? 19 MR. WEINER: In the room itself at this 20 time, no. 21 MR. BERRY: Then I don't see why we need to 22 pursue this subject any further. 23 MR. WEINER: I do. Staring at us through 24 the windows is an armed Metro L.A.P.D. officer. 25 We don't believe there is any basis for that. 0009 1 Unless we can come to some agreement such that he 2 will not be present in the room or around the area 3 where the deposition is being taken, then we will 4 terminate the deposition and ask the magistrate 5 judge to rule on this issue. 6 MR. BERRY: First of all, this is a private 7 building. We have every right to make whatever 8 security arrangements we wish to make with regard 9 to this building. 10 Secondly, we have a number of cases 11 which impose security problems. In my own group 12 we have another case involving a party who has 13 threatened to kill counsel and if necessary with a 14 hand grenade, along with our client. We have 15 another case in which the other side apparently 16 are or are allegedly members of the mafia. We 17 have this case in which this witness has a real 18 fear for his physical safety. We have had a 19 number of security problems in this building over 20 the last week. We also have just experienced and 21 members of this firm have just experienced the 22 loss of friends at Pettitt & Martin in San 23 Francisco due to a shooting that took place in the 24 office. 25 We have a reasonable reason for 0010 1 having additional security arrangements in this 2 building quite unrelated to this case, and we 3 insist on our right to observe them. 4 MR. WEINER: Well, let me have a moment to 5 talk with Mr. Bowles and then we'll respond. 6 VIDEO OPERATOR: Off the record. The time 7 is 10:16 A.M. 8 (Recess taken.) 9 VIDEO OPERATOR: We are back on the record. 10 The time is 10:17 A.M. 11 MR. BERRY: Counsel, you were conferring. 12 MR. WEINER: Right. And I appreciate your 13 concern that you have security problems with your 14 other cases but I don't see any basis why we 15 should have to be monitored by an armed guard 16 here. So if we can't agree that the armed guard 17 is going to be dispersed from the presence and 18 from the environs of the deposition room, then we 19 are going to need to get a ruling from the 20 magistrate judge. 21 MR. BERRY: First of all, I will agree that 22 our security man will sit outside of the view of 23 this deposition room. He will sit outside our 24 executive director's doorway. 25 MR. WEINER: I don't know what you are 0011 1 talking about. 2 MR. BERRY: He will not be staring -- able 3 to look into this deposition room. He is 4 currently sitting across the hallway reading a 5 newspaper. But I will place him outside of the 6 view of this deposition room if that will be 7 acceptable. 8 MR. WEINER: Well, if you want to have him 9 wherever you normally have your armed guards, 10 that's fine. But I don't want him impinging on 11 what is going on in this room. So we can see him, 12 then he is impinging. 13 MR. BERRY: Counsel, if your intentions are 14 lawful and proper, I don't see what problems you 15 have with security arrangements. I will move him 16 if that is acceptable or we will have a statement 17 from the witness as to why he feels as though he 18 needs some security arrangements in addition to 19 those which normally exist for his safety as a 20 matter of course as a member of society. 21 MR. WEINER: As long as you move him to 22 whatever post you have your normal armed guards 23 sit at or monitor, that's fine. 24 MR. BERRY: We are not in public normal 25 times, Counsel, with regards to the security 0012 1 arrangements. 2 MR. WEINER: I don't know what you mean by 3 moving. Where are you going to put him? 4 MR. BERRY: I am going to put him out of 5 your sight, about 50 feet further than he is now. 6 MR. WEINER: That is not acceptable just 7 sitting down the hall. 8 MR. BERRY: Counsel, we will -- 9 Mr. Scarff, is there a reason why -- 10 let me withdraw that. 11 Are you appearing today, Mr. Scarff, 12 only upon the understanding that there are proper 13 security arrangements in place at this building. 14 THE WITNESS: That is correct. 15 MR. BERRY: And why have you requested that 16 security arrangements be in place in this 17 building. 18 THE WITNESS: Because of the Church of 19 Scientology Fair Game Doctrine which has been 20 unlawfully used in many ways to intimidate, harass 21 and injure people. Has been used by Scientology 22 members, including an employee of Tim Bowles, to 23 threaten to murder me and members of my family if 24 I say anything whatsoever critical of the Church 25 of Scientology in any legal proceeding. 0013 1 MR. BERRY: Mr. Scarff, do you know a man 2 called Mr. Gene Ingram? 3 THE WITNESS: I do. 4 MR. BERRY: And what is Mr. Gene Ingram's 5 relationship, as you understand it, to the Church 6 of Scientology and the law firm of Bowles & Moxon. 7 MR. WEINER: Mr. Berry, I am going to object 8 to this line of questioning. A, we will stipulate 9 what it is he is going to say because he has said 10 both sides of this argument several times in the 11 past. And, B, we don't particularly give much 12 credibility to an admitted kidnapper and perjurer 13 claiming he is in fear of his life when we have 14 already a finding by a court based on what 15 happened at his last deposition that he had 16 engaged in misconduct, that he had continually 17 throughout the deposition shouted obscenities at 18 everybody that was in the deposition room. In 19 fact, the deposition had to be terminated. And 20 there was a finding -- and he claimed that that 21 last deposition that I was intimidating him. 22 Now, the Court had made a finding 23 that I did not engage in any misconduct. So I 24 think the credibility of the witness is seriously 25 in doubt. 0014 1 At any rate, I don't think arguing 2 back and forth is going to resolve this. I think 3 at this point we need to ask the magistrate judge 4 for a ruling and we will abide by whatever her 5 ruling is. 6 MR. BERRY: Counsel, the record of the last 7 deposition speaks for itself. There is no credit 8 for either counsel or the witness, counsel for any 9 party at that last deposition you are referring 10 to, the first session of his deposition. He 11 has -- he will be testifying as to other conduct 12 by Gene Ingram towards him. He has been 13 threatened with death by Gene Ingram and so has 14 his family. 15 If you wish the magistrate to review 16 all this material and then consider your 17 objection, fine. We intend on proceeding with 18 this deposition with our normal -- with security 19 arrangements in place and not in this office. 20 MR. WEINER: We are terminating the 21 deposition under Rule 37D. 22 MR. BERRY: And you are doing so on the 23 basis that we have security arrangements on our 24 floor that you object to, and I have represented 25 that the security officer you objected to will be 0015 1 moved out of the sight of this room, out of slight 2 of this room and around outside our executive 3 director's office in which sensitive records are 4 being stored. 5 If you -- Mr. Scarff is here at our 6 expense, both accomodationwise and travel 7 arrangmentswise. We have expensive video 8 equipment in place. We have told you all along we 9 would be insisting on certain security 10 arrangements because of Mr. Ingram perhaps being 11 present. That is why we are paying the expedite 12 fee. That is why we are making a separate room 13 available. We will be looking to you for the 14 reimbursement of all costs incurred as a result of 15 any delay in this deposition that a termination 16 might cause. 17 MR. WEINER: It is -- 18 MR. BERRY: Mr. Scarff -- 19 MR. WEINER: It is absolutely false that you 20 have been telling us all along that you were going 21 to have armed guards. It was not until we had a 22 faxed letter that you sent out I believe Friday, 23 although I didn't find out about it until Sunday. 24 And I was never told of that arrangement, and I 25 never would have agreed to it had you told me in 0016 1 advance. So -- and I understand your problem with 2 Scarff being here. So it is simply a matter of us 3 stopping the deposition now, and I want to correct 4 myself. I said 37 and I meant 30D. We are going 5 to terminate the deposition long enough to get a 6 ruling from the judge. We can do this over the 7 phone if you will agree to have the hearing on the 8 phone, although the last time we tried this you 9 would not agree to do it on the phone and you 10 required us to brief it formally, in which case we 11 had to terminate Geertz' deposition without 12 getting the discovery we had requested. 13 MR. BERRY: Let me see the provision you are 14 terminating under. 15 MR. WEINER: Well, I will read it to you. 16 MR. BERRY: You have a copy there. Maybe I 17 can read it myself. 18 MR. WEINER: I think it is good to have it 19 on the record as well, so there is no 20 misunderstanding. 21 "Upon demand of objecting party 22 or deponent to the taking of the 23 deposition it shall be suspended 24 for the time necessary to make a 25 motion for an order." 0017 1 MR. BERRY: And what are the grounds for 2 terminating the deposition and seeking an order, 3 Counsel? 4 MR. WEINER: The grounds are that you are 5 harassing and intimidating us and this is part of 6 the theatrics whereby defendant Geertz is trying 7 to create his own reality. He is using a large 8 admitted kidnapper and perjurer who claims that I 9 whom am about half his size is intimidating him. 10 That's just not appropriate. 11 MR. BERRY: Counsel, there has been no claim 12 that you are intimidating this witness. There is 13 a fear on this witness' part with regard to 14 Mr. Gene Ingram. There is a fear on this law 15 firm's part arising out of a number of different 16 cases, including the recent shooting of counsel at 17 the Pettitt & Martin law firm. There is no 18 additional security presence in this deposition 19 room. 20 MR. WEINER: I can assure you, Counsel, that 21 I am not about to shoot you. 22 MR. BERRY: I understand that. That is why 23 we do not have additional security in this 24 deposition room. Now, your basis is specious. If 25 you wish to terminate, terminate. We will be 0018 1 seeking sanctions for every minute's delay in this 2 proceeding. And I take it if we can't get the 3 magistrate judge, we will then proceed. 4 MR. WEINER: I am sure we will be able to 5 get a magistrate judge. So let's terminate now. 6 If you will agree to do it over the phone -- 7 MR. BERRY: I will agree to do it on the 8 phone but you will to agree that we will be 9 seeking sanctions for the cost of keeping this 10 equipment idle and the additional accommodation 11 costs that Mr. Scarff will incur. 12 MR. WEINER: You will have to accept the 13 fact that this issue comes up now by not telling 14 us about the issue on Friday. So no, we don't 15 accept anything that you just proffered. 16 MR. BERRY: We sent you a telecopy on 17 Friday, a fax letter on Friday, Counsel, and we 18 have made clear all along that we were concerned 19 about security arrangements in this office. That 20 is why we refuse to permit your chief 21 investigator, Mr. Gene Ingram, to be present in 22 this deposition room because this witness has been 23 threatened and is in fear for his life and will be 24 asked to testify to that to the magistrate judge. 25 MR. WEINER: Well, you defense yourself 0019 1 however you want to. 2 MR. BERRY: As to your characterization, we 3 will see to what extent your law firm and your 4 investigator have been involved in much of the 5 conduct you allege against him. This is nothing 6 more than a stalling and delaying tactic to try 7 and prevent the giving of testimony that you find 8 embarrassing. 9 MR. WEINER: No. That's -- I don't think 10 your posturing needs to be responded to. The 11 deposition is terminated. We will -- pending the 12 ruling from the magistrate judge and we will 13 attempt to do that right now. 14 MR. BERRY: Okay. The deposition is so 15 terminated. 16 VIDEO OPERATOR: We will go off the record. 17 The time is 10:28 A.M. 18 (Recess taken.) 19 VIDEO OPERATOR: We are back on the record. 20 The time is 10:58 A.M. 21 MR. BERRY: I understand counsel is 22 withdrawing his termination of the deposition 23 pending a ruling from the magistrate judge and 24 that counsel has represented to me that he will 25 not endeavor to have Mr. Gene Ingram present in 0020 1 this building without 24-hours notice to me. On 2 that basis we have moved additional security to 3 the floor above. And have advised the magistrate 4 judge that a ruling will still be necessary as to 5 whether we may have additional security on this 6 floor if Mr. Gene Ingram is going to be present in 7 the building. Our position is that he is not to 8 be permitted in the building unless we have 9 security on this floor, and that is the issue the 10 magistrate judge will resolve. For the meantime 11 we can proceed until that issue may present 12 itself. Is that understood, Counsel? 13 MR. WEINER: Well, I disagree with some of 14 the things you said but essentially we have agreed 15 to resume the deposition. We have temporarily 16 solved the problem by moving the security. And we 17 will give you I think I said a day's notice. I 18 don't want to be held to exactly 24 hours. But I 19 will give you at a minimum the afternoon before. 20 Because if he is going to be here, it is only 21 going to be for cross-examination. And you don't 22 know when yours is going to end. 23 MR. BERRY: Our position is clear. No 24 security, no Mr. Ingram. And on that base we will 25 present the issue to the judge and proceed in the 0021 1 meantime with the direct examination. 2 MR. WEINER: Okay. 3 4 EXAMINATION 5 BY MR. BERRY: 6 Q. Mr. Scarff, sorry about that delay. 7 Would you please state your full name 8 for the record. 9 A. Garry L. Scarff. 10 Q. And how old are you, Mr. Scarff? 11 A. I am now 36 years old. 12 Q. Are you appearing voluntarily for 13 your deposition today? 14 A. Yes, I am. 15 MR. WEINER: Excuse me, if I may, just to 16 make it clear, has he been sworn on the record? 17 MR. BERRY: Yes. 18 Q. And are you prepared to state your 19 address for record? 20 A. I am not. 21 Q. Is there a reason for that? 22 A. The Fair Game policy instituted by 23 the Church of Scientology against me. 24 Q. Do you have any other reasons to 25 substantiate your refusal to state your address on 0022 1 the record? 2 A. There have been death threats on my 3 life and the life of my family, and I will not 4 allow the dross to know where I currently live. 5 Q. Who made those threats, if you know? 6 A. An employee of Bowles & Moxon by the 7 name of Eugene Ingram. 8 Q. Have there been occasions on which 9 your home has been visited by people who give you 10 concern to fear for your safety? 11 A. Yes. 12 Q. Would you briefly indicate the -- 13 MR. WEINER: Objection to the form of the 14 question. I would prefer that you would ask 15 questions rather than just let him narrate what he 16 chooses to narrate. 17 BY MR. BERRY: 18 Q. At your -- on what basis do you fear 19 for your safety in the event that you put your 20 address on the record here? 21 A. Please rephrase the question. I 22 didn't understand what you are asking. 23 Q. What is the basis for your concern as 24 to your safety if you put your address on the 25 record here? 0023 1 A. In addition to the threats which I 2 have received by officials of the Church of 3 Scientology, I have been visited by individuals 4 that I suspect may be involved in the Church of 5 Scientology. People who have come to my door and 6 refused to speak with me until I answered the door 7 and suspicious activity very close to my apartment 8 and people coming asking questions of my neighbors 9 about me, questions that they would not know about 10 unless they were personally intimately involved 11 with me. It is just part of the Fair Game policy 12 instituted by the Church of Scientology against 13 me. And I will not allow you to have my 14 residential address at this time. 15 Q. Was there any incident involving 16 vehicles? 17 A. Yes. 18 Q. Could you tell us about that? 19 MR. WEINER: Objection, leading. 20 BY MR. BERRY: 21 Q. You may answer. 22 A. I was visited by a gentleman at the 23 front door who knocked on my door. I opened the 24 window of my living room which opens out on to the 25 street level. I asked him what he wanted. He 0024 1 said that I would have to open the door because he 2 needed to speak with me, that he had some papers 3 that he needed to give me. And I heard some 4 whispering and I looked over to the left looking 5 out the screen to the left and I saw a gentleman 6 with his back to the wall next to my door trying 7 to conceal himself. 8 I also noticed a rented van out in 9 the parking lot with a door ajar with an 10 individual in the van looking at my apartment. 11 At that time I advised the person 12 that I was calling 911. I got on the phone to 13 call 911 and I said I am calling the police. The 14 next thing I heard was the van screeching out of 15 the parking lot. The individuals are no longer at 16 my door. The van was taking off at a high speed 17 outside my parking lot. And then I noticed an 18 older car like an Oldsmobile rushing within a few 19 feet behind it out of the parking lot taking off. 20 Q. On that basis I won't insist on your 21 address to be on the record at this time. 22 Mr. Scarff, I appreciate that you 23 have been deposed on at least one occasion 24 before. But nonetheless, let me briefly explain 25 the deposition process so you -- 0025 1 MR. WEINER: Counsel, we will stipulate that 2 he understands this. I think you have gone 3 through -- what? -- several days of briefing him 4 on how to testify here today. So I don't think 5 that is necessary. 6 MR. BERRY: I don't know what the basis of 7 your information is. 8 MR. WEINER: I thought there were several 9 exhibits that you had provided with that 10 statement. 11 MR. BERRY: I am conducting this deposition, 12 and I will present the usual admonition. 13 MR. WEINER: I am not preventing you. I am 14 simply saying that it is not necessary if you want 15 to save some time. 16 MR. BERRY: I would like the witness to 17 fully understand what is happening here today. 18 Q. You understand that you have been 19 sworn to give your testimony under oath and that 20 is the same oath that you would give if you were 21 testifying in a court? 22 A. Yes. 23 Q. And you also understand that we are 24 videotaping this deposition today in part because 25 it may not be possible to subpoena you to appear 0026 1 at trial in this case and that this deposition 2 transcript and this videotape may be used in lieu 3 of live testimony at trial? 4 A. I understand that. 5 MR. WEINER: And I would object to that part 6 of that statement by counsel because it is my 7 understanding that the videotaping was prompted by 8 plaintiff who had requested the videotaping and 9 filed a counter Notice of Deposition for a 10 videotaping in order to preserve the record and in 11 order to show the conduct of counsel and the 12 witness in light of the witness' misconduct at the 13 past deposition. 14 MR. BERRY: The past deposition speaks for 15 itself. As to the use of the videotaping, the 16 videotaping of course may be introduced into 17 evidence at trial in accordance with any 18 admissibility issue which you may resolve by 19 motion in limine. 20 Q. You understand that the effect of 21 your oath here today is the same as the effect of 22 your oath at trial? 23 A. Yes, I do. 24 Q. And you understand the penalties of 25 perjury are serious? 0027 1 A. Yes, I do. 2 Q. And your evidence is being taken down 3 by a court reporter. It will be presented to you 4 in the form of a transcript in the manner that 5 your previous transcripts were presented. In 6 order that the testimony is clear, it is important 7 that you wait for me to stop asking a question, 8 that you allow counsel to make any objection that 9 he may feel is necessary before you give your 10 answer. 11 Is that understood? 12 A. It is understood. 13 Q. With regards to your answer, it is 14 necessary that you verbalize your answer. That 15 there be no "huh-uh's" or "uh-huh's" or nonverbal 16 expressions because the court reporter cannot take 17 those down. 18 Is there any reason why you are 19 unable to give accurate and truthful testimony 20 today? 21 A. No. 22 Q. You're not under any form of 23 medication that may affect your testimony? 24 A. No. 25 Q. Now, we will also take a recess at 0028 1 any time you wish to take one. We will be 2 recessing about every hour briefly to enable the 3 transcript to be delivered to enable its 4 transcription to be expedited. Do not hesitate to 5 indicate that you wish to take a break and a break 6 can be taken. If you don't understand a question, 7 please make that clear and we will restate the 8 question. 9 Mr. Scarff, have you ever been 10 convicted of a felony? 11 A. I have not. 12 Q. Have you ever been convicted of a 13 misdemeanor? 14 A. I have not. 15 Q. Have you ever been under any form of 16 mental health treatment? 17 A. Yes. I saw a mental health therapist 18 following my departure from the Church of 19 Scientology starting in September of 1992 and it 20 ended in July of 1993, at which time I moved out 21 of the State of Oregon. 22 Q. Other than that you haven't been 23 under any form of psychiatric care? 24 A. I have not. 25 Q. Now, there are a stack of deposition 0029 1 exhibits beside you. It is briefly -- in fact, 2 let's go through all of the deposition exhibits 3 and mark them. And then we will see to your 4 testimony. 5 The first binder, which is at the top 6 of the stack, if you would place that in front of 7 you. 8 A. Which is? 9 Q. That one right there. 10 MR. WEINER: Excuse me. I have a technical 11 request. We can go off the record, but is there a 12 way that we can move this so that the cord is on 13 the other side? 14 VIDEO OPERATOR: We will go off the record. 15 The time is 11:09 A.M. 16 (Recess taken.) 17 VIDEO OPERATOR: Back on the record. The 18 time is 11:10 A.M. 19 MR. BERRY: The first document in that 20 binder shall be Exhibit-1. Exhibit-1 is a 21 Declaration Under Oath of Garry Lynn Scarff taken 22 Tuesday, July 6, 1993, Volume I. 23 (Defendant's Exhibit-No. 1 24 was marked for identification and is 25 bound separately.) 0030 1 BY MR. BERRY: 2 Q. If you turn to Page 273 of that 3 document in the first part. 4 Mr. Scarff, is that your signature on 5 that page? 6 A. It is. 7 Q. And is that the transcript of an 8 examination under oath that was taken on July 6th, 9 1993? 10 A. It is. 11 Q. And was your testimony given then 12 truthful? 13 A. It is. 14 Q. And if I asked you the same questions 15 today, would you be giving the same answers? 16 A. To the best of my recollection, yes. 17 MR. WEINER: Objection to the form of that 18 question. 19 BY MR. BERRY: 20 Q. So your testimony remains true today 21 as regards Volume I? 22 A. It does. 23 MR. BERRY: The next exhibit is Volume II of 24 the Declaration Under Oath of Garry Lynn Scarff 25 taken Wednesday, July 7, 1993. This will be 0031 1 Exhibit 2. 2 (Deposition Exhibit-No. 2 3 was marked for identification and is 4 bound separately.) 5 BY MR. BERRY: 6 Q. If you turn to Page 415, is that your 7 signature on that page? 8 A. It is my signature. 9 Q. Was the testimony given on that day 10 and reflected in that transcript true and correct 11 when given? 12 A. Yes, it is. 13 MR. WEINER: Objection to the form of the 14 question. 15 BY MR. BERRY: 16 Q. And does your testimony remain true 17 today? 18 A. It does. 19 Q. And if I asked you those questions in 20 that transcript today, would your answers be the 21 same? 22 A. To the best of my recollection, yes. 23 MR. BERRY: Exhibit-3 shall be the 24 Declaration Under Oath of Garry Lynn Scarff taken 25 September 11, 1992. In Portland, Oregon. 0032 1 (Defendant's Exhibit-No. 3 2 was marked for identification and is 3 bound separately.) 4 BY MR. BERRY: 5 Q. Turning your attention to the last 6 page of that transcript, is that your signature 7 appearing on that last page? 8 A. Dated October 26th, 1992, yes, that 9 is my signature. 10 Q. And was your testimony given on that 11 day and reflected in that transcript true and 12 correct when given? 13 A. Yes, it was. 14 Q. And does it remain true today? 15 A. It does. 16 Q. And if I was to ask the questions 17 that you were asked by Mr. Leipold on September 18 11, 1992 as reflected by Exhibit-3, would you give 19 the same answers? 20 MR. WEINER: Objection to the form of the 21 question. 22 THE WITNESS: Yes, to the best of my 23 recollection. 24 MR. BERRY: I turn your attention to the 25 next exhibit, which shall be Exhibit-4. The first 0033 1 page of which is a document entitled "Personal 2 Contest." And at the foot of which is a court 3 reporter's stamp Exhibit 1, Scarff, 9/11/92. And 4 those are the exhibits to Exhibit-3, the 5 declaration taken September 11, 1992. 6 (Deposition Exhibit-No. 4 7 was marked for identification and is 8 bound separately.) 9 MR. BERRY: Turning to the next exhibit, 10 which we shall mark as Exhibit-5, is that a 11 transcript of Volume I of a deposition taken of 12 you on October 26th, 1992 in the case Jack Wisel, 13 W I S E L, versus Cult Awareness Network of 14 California, Cult Awareness Network Northern 15 California Chapter, Cynthia Kisser, Eunice 16 Kliger? 17 A. It is. 18 Q. And was your testimony given there 19 true and correct when given? 20 A. Yes, it was. 21 MR. WEINER: Objection to the form of the 22 question. 23 BY MR. BERRY: 24 Q. And does it remain true today? 25 A. Yes, it does. 0034 1 Q. And if I asked you the same questions 2 that Mr. Leipold asked you on that occasion, would 3 you give the same answers? 4 MR. WEINER: Objection to the form of the 5 question? 6 THE WITNESS: To the best of my 7 recollection, yes. 8 MR. WEINER: Let me, if I could, request the 9 witness to wait before he begins his answer until 10 after I finish making my objection so that the 11 record will be sure to catch both. 12 THE WITNESS: May I ask you to speak up 13 because I didn't hear you object. 14 MR. BERRY: That is one of the reasons I 15 wanted the admonition given, Counsel. And I 16 remind the witness of that admonition. 17 THE WITNESS: I am sorry. I didn't hear him 18 object. 19 BY MR. BERRY: 20 Q. Page 125 had not been signed. Will 21 you sign the court reporter's report of this 22 before the end of the deposition procedure? 23 A. Where are we looking? 24 Q. Page 125. The last page. I'm just 25 merely asking if we can have that signed? 0035 1 A. I will be happy to sign it. I do 2 recall from this deposition that there was an 3 additional page which did bear my signature. But 4 I will be happy to sign this today. 5 (Deposition Exhibit-No. 5 6 was marked for identification and is 7 bound separately.) 8 MR. BERRY: And turning now to what will be 9 Exhibit-6. It is Volume II of the deposition of 10 Garry L. Scarff taken Friday, March 19, 1993 in 11 the same case as in Exhibit-5, namely, Jack Wisel 12 versus Cult Awareness Network and others. 13 (Deposition Exhibit-No. 6 14 was marked for identification and is 15 bound separately.) 16 BY MR. BERRY: 17 Q. Was your testimony given at that 18 deposition true and correct? 19 A. Yes, it was. 20 Q. And if I asked you -- does it remain 21 true and correct today? 22 A. Yes, it does. 23 Q. And if I asked you the same questions 24 as Mr. Leipold at that time or any of the other 25 attorneys for the defendants, would your answers 0036 1 be the same? 2 MR. WEINER: Objection to the form of that 3 question. 4 THE WITNESS: To the best of my 5 recollection, yes. 6 BY MR. BERRY: 7 Q. And once again, can you sign that 8 transcript before the end of this deposition? 9 A. What page are we looking at, 10 Counsel? 11 Q. Page 364. 12 A. Yes. 13 Q. And turning to the next deposition 14 exhibit, which shall be Exhibit-7, that appears to 15 be Volume III of the deposition of Garry L. Scarff 16 taken Thursday, May 6th, 1993 in the same case, 17 Jack Wisel versus Cult Awareness Network. 18 MR. WEINER: Excuse me, Counsel, I am still 19 trying to find Exhibit-7. Is this in the same 20 volume as 6? 21 MR. BERRY: No. It is a separate volume. 22 MR. WEINER: I am sorry. It is. 23 (Deposition Exhibit-No. 7 24 was marked for identification and is 25 bound separately.) 0037 1 BY MR. BERRY: 2 Q. Referring to Exhibit-7, does that 3 appear to be a transcript of your deposition 4 testimony given on May 6th, 1993 in the Wisel 5 versus Cult Awareness Network case? 6 A. Yes, it is. 7 Q. And was your testimony true and 8 correct when given on that date? 9 A. Yes. 10 Q. Does it remain true and correct 11 today? 12 A. Yes. 13 Q. And if I were to ask you the same 14 questions as Mr. Leipold did, would you give me 15 the same answers? 16 MR. WEINER: Objection to the form of the 17 question. 18 THE WITNESS: To the best of my 19 recollection, yes. 20 BY MR. BERRY: 21 Q. And on Page 490, would you sign that 22 at the conclusion of this deposition? 23 A. Yes, I will. 24 MR. WEINER: Let me, if I can, ask counsel, 25 my Exhibit-7 has a copy of a letter preceding the 0038 1 deposition dated May 13th. Is that also part of 2 Exhibit-7? 3 MR. BERRY: Yes, it is. 4 MR. WEINER: So it goes the letter to Garry 5 Scarff dated May 13th and the second page which is 6 indicated as Page 366? 7 MR. BERRY: The first page is a transmittal 8 letter for signature purposes. 9 THE WITNESS: Could I take a small break? 10 MR. BERRY: Would you like to take a break, 11 Mr. Scarff? 12 THE WITNESS: Yes. 13 MR. BERRY: Off camera. 14 VIDEO OPERATOR: We will go off the record. 15 The time is 11:19 A.M. 16 (Recess taken.) 17 VIDEO OPERATOR: We are back on the record. 18 The time is 11:29 A.M. 19 BY MR. BERRY: 20 Q. Mr. Scarff, turning to Exhibit-No. 8 21 in the binder before you, is that a copy of a 22 pamphlet by a John Atack entitled "The Total 23 Freedom Trap" that you are familiar with? 24 A. Yes. 25 (Defendant's Exhibit-No. 8 0039 1 was marked for identification and is 2 bound separately.) 3 MR. WEINER: Objection. No foundation to 4 that question. 5 BY MR. BERRY: 6 Q. Mr. Scarff, have you read Exhibit-8 7 before? 8 A. Yes, I have. 9 Q. And are you familiar with its 10 contents? 11 A. I am. 12 Q. And does it appear to be a document 13 entitled "The Total Freedom Trap, Scientology 14 Dynamic and L. Ron Hubbard" by Jon Atack. 15 A. It is. 16 MR. WEINER: Let me object. 17 Let me indicate for the record that 18 we are not going to terminate the deposition; 19 however, Exhibit-8 appears to have some upper 20 level material or at least some regurgitation of 21 upper level material that is subject to the 22 protective order which is presently pending in 23 Mr. Fishman's case. So we will reserve our right 24 to designate this as confidential if appropriate 25 according to the ruling of the Court on that 0040 1 motion. 2 MR. BERRY: Of course, since this is a 3 published document, we would reserve our right to 4 challenge such a classification as confidential. 5 MR. WEINER: As per whatever the order of 6 the Court might issue. 7 MR. BERRY: We would take it as a bad faith 8 designation of a document which is in the public 9 arena. 10 MR. WEINER: In response to the bad faith 11 designation, I don't think you can steal 12 information, publish it and then properly publish 13 it. 14 MR. BERRY: Your remedies are against 15 Mr. Atack. 16 MR. WEINER: They are more than that. 17 BY MR. BERRY: 18 Q. Exhibit-9 is a declaration -- 19 MR. WEINER: Is there something funny that I 20 missed? 21 MR. BERRY: I am not aware of anything funny 22 at all about this proceeding, Counsel. 23 Exhibit-9 is a -- 24 MR. WEINER: I just want the record to 25 reflect the smirking and the noise coming from the 0041 1 witness over that last conversation. I think it 2 is inappropriate. I think it is rude, and I would 3 ask the witness to cease from that kind of 4 conduct. 5 MR. BERRY: I am sure the witness will 6 accede to your request and probably comment on 7 what is sauce for the goose is sauce for the 8 gander. If everyone remembers that, I am sure we 9 will have no problems. 10 THE WITNESS: Thank you. 11 BY MR. BERRY: 12 Q. Is Exhibit-9 a declaration by you 13 dated October 6th, 1991? 14 A. I am sorry, I didn't hear your 15 question. 16 Q. Is Exhibit-9 a declaration by you, 17 Garry Lynn Scarff, signed or at least dated 6 18 October 1991? 19 A. No. This was a declaration created 20 on my behalf by an employee of Bowles & Moxon. 21 MR. WEINER: Objection to the answer, 22 nonresponsive. 23 BY MR. BERRY: 24 Q. Is this a declaration -- withdrawn. 25 We will later be talking about the origins of this 0042 1 document and its contents, but for the moment, is 2 this a declaration that you signed on or about 3 October 6th, 1991? 4 A. Yes, it is. 5 Q. And it has 109 paragraphs; is that 6 correct? 7 A. Yes, it does 8 (Defendant's Exhibit-No. 9 9 was marked for identification and is 10 bound separately.) 11 BY MR. BERRY: 12 Q. Turning to Exhibit-10, once again 13 that is a declaration of Garry Lynn Scarff, 55 14 paragraphs long. Is that a declaration that you 15 signed on or about October 19, 1991? 16 A. It is. 17 (Defendant's Exhibit-No. 10 18 was marked for identification and is 19 bound separately.) 20 BY MR. BERRY: 21 Q. Is that a copy of such a declaration? 22 A. Yes, it is. 23 Q. Is that your signature appearing on 24 the last page? 25 A. Yes. 0043 1 Q. And turning back for a moment to 2 Exhibit-9, is that your signature appearing on the 3 last page of Exhibit-9? 4 A. Yes, it is. 5 Q. Now, Exhibit-11 appears to be the 6 declaration of Garry Scarff, once again signed on 7 or about October 6th, 1991; is that correct? 8 A. Yes. 9 (Defendant's Exhibit-No. 11 10 was marked for identification and is 11 bound separately.) 12 BY MR. BERRY: 13 Q. And is that your signature on the 14 last page? 15 A. Yes, it is. 16 Q. And it appears to be a 16-paragraph 17 declaration, correct? 18 A. Yes. 19 Q. Exhibit-12 once again is a 20 declaration by Garry Lynn Scarff that appears to 21 be 55 pages long. And was that signed by you on 22 or about October 6th, 1991? 23 MR. WEINER: Let me object. But let me ask, 24 you indicated it was 55 pages long. 25 MR. BERRY: Sorry. 55 paragraphs long. I 0044 1 am sorry. 2 Q. And was that signed, Mr. Scarff, by 3 you on or about October 6th, 1991? 4 A. Yes, it was. 5 Q. And is that your signature that 6 appears at the bottom of the last page? 7 A. Yes, it is. 8 (Defendant's Exhibit-No. 12 9 was marked for identification and is 10 bound separately.) 11 BY MR. BERRY: 12 Q. Exhibit-13 also appears to be a 13 declaration of Garry Lynn Scarff; is that correct? 14 A. Yes. 15 Q. And turning to the last page, does it 16 appear that it is 100 -- and the immediate, the 17 penultimate last paragraph, does it appear to be a 18 109-paragraph declaration that was signed on or 19 about July 27, 1992? 20 A. No, that is not correct. This was 21 signed on November 1st, 1991 and it bears my 22 signature. 23 Q. On that last page? 24 A. Yes. 25 (Defendant's Exhibit-No. 13 0045 1 was marked for identification and is 2 bound separately.) 3 BY MR. BERRY: 4 Q. Turning to Exhibit-14, which is 5 entitled, "Statement of Garry Lynn Scarff," a 6 two-page statement. Is that a statement you 7 made? 8 A. No, it is not. 9 Q. Is that the statement someone made 10 under your name? 11 A. Yes, it is. 12 Q. And to the best of your 13 understanding, who made that statement under your 14 name? 15 MR. WEINER: Objection. Lack of foundation. 16 THE WITNESS: It came from the Office of 17 Special Affairs, Church of Scientology 18 International, Los Angeles, California. 19 BY MR. BERRY: 20 Q. And how do you know that it came from 21 the Office of Special Affairs of the Church of 22 Scientology? 23 A. Because of my experience in work with 24 the OSA. 25 (Defendant's Exhibit-No. 14 0046 1 was marked for identification and is 2 bound separately.) 3 MR. WEINER: Objection to the response. 4 Nonresponsive. Move to strike. 5 BY MR. BERRY: 6 Q. Do you have any further basis for 7 your understanding as to the origins of that 8 statement? 9 A. Yes. This was part and parcel to a 10 created lie perpetuated by the Church of 11 Scientology against the Cult Awareness persons 12 associated with the Cult Awareness Network and 13 like activities. 14 Q. And we will deal with those matters 15 later in the deposition. 16 Now, Exhibit-15 is a six-page 17 exhibit. The first page of which appears -- could 18 you tell us what, very briefly, what each of the 19 pages are on Exhibit-15? 20 A. 15 is a copy of my driver's license, 21 front photocopy of my driver's license. 22 Second page is the original copy of 23 my hospital birth certificate out of Fort Madison, 24 Iowa. 25 Third page is a Certificate of Live 0047 1 Birth, says State of Iowa. 2 Fourth page is a copy of my voter 3 registration card dated '84. 4 Fifth page, voter registration card 5 dated '86. 6 Next page, voter registration card 7 dated '87. 8 Q. What is the significance of these 9 documents? 10 MR. WEINER: Objection to the form of the 11 question. Before you answer, I have not been 12 specifying the basis for my objections because I 13 think most of them are fairly obvious. I don't 14 want that to be a basis for you later on saying 15 that because you didn't know what the -- what was 16 objectionable of the form that you didn't have an 17 opportunity to correct it. 18 MR. BERRY: I think a trial judge would 19 require you to specify the ground of your 20 objection. 21 MR. WEINER: So I will do that, and to 22 expedite the deposition process I had not been 23 going into long narratives explaining why. 24 However, if you would like me to do that, I will 25 do that from now on so that the form of the 0048 1 objection is clear. 2 MR. BERRY: I don't believe the basis of the 3 objection requires a long narrative, just 4 "objection, relevancy," "objection, compound" or 5 whatever. I don't think we need to narrow it. 6 MR. WEINER: I am not objecting to relevancy 7 because all those objections are reserved for 8 trial, just like any other substantive objection. 9 The only objections I am making are as to form. 10 So I am still unclear, do you want me to specify 11 further or is form enough for you to get the 12 message? 13 MR. BERRY: No. I cannot read your mind. 14 MR. WEINER: Okay. 15 (Defendant's Exhibit-No. 15 16 was marked for identification and is 17 bound separately.) 18 BY MR. BERRY: 19 Q. You were setting forth the 20 significance of these documents. 21 A. Right. 22 Q. I think -- have you completed? 23 A. I have not. The first page is a copy 24 of my Oregon driver's license which Eugene Ingram 25 photocopied at the time the first declarations 0049 1 which he created were signed by me. He advised me 2 that because the declarations were witnessed by a 3 notary public, that a photocopy of the 4 identification used by the notary public to 5 identify me as being the one that signed the 6 document had to be attached to the actual 7 document. 8 Q. At this point we just need a brief 9 statement, and we will go into some of that stuff 10 later. 11 A. I tried to be as brief as I could. 12 Q. Thank you. And in proceeding through 13 this exhibit. 14 A. The second, third, fourth, fifth and 15 sixth pages are copies of documents that Eugene 16 showed me in early October that he stated that he 17 was able to get on me through his own 18 investigation. 19 Q. And by Eugene, who do you mean? 20 A. Eugene Ingram. 21 Q. Turning now to Exhibit-16, what is 22 Exhibit-16, Mr. Scarff? 23 A. 16 is a copy of a lawsuit which was 24 part of the OSA, Office of Special Affairs, and 25 Bowles & Moxon's scheme called Plan 100, which was 0050 1 a number of SLAPS suits which were filed against 2 the Cult Awareness Network, and this was a 3 lawsuits which Bowles & Moxon had intended to file 4 on my behalf. 5 MR. WEINER: Objection to the response. It 6 is nonresponsive. 7 THE WITNESS: And on the last page you will 8 notice a Timothy Bowles representing himself as my 9 attorney in this lawsuit. 10 BY MR. BERRY: 11 Q. Is there any indication on the top of 12 the documents as to its source? 13 A. Yes. This exhibit is actually the 14 second -- I am sorry, the third draft of the 15 complaint. If you notice under the complaint for 16 damages it says Scarff No. 3. At the time it was 17 faxed to me on January 27, 1992 from Bowles & 18 Moxon. 19 Q. And that appears to be a 13-page 20 document? 21 A. It is a 13-page document 22 (Defendant's Exhibit-No. 16 23 was marked for identification and is 24 bound separately.) 25 BY MR. BERRY: 0051 1 Q. Exhibit-17, what is Exhibit-17? 2 A. 17 is a short declaration which I 3 prepared and signed at the time of the declaration 4 I provided to Dan Leipold, attorney for the Cult 5 Awareness Network, on September 11th of 1992. 6 Q. And that is a two-page document? 7 A. It is 8 (Defendant's Exhibit-No. 17 9 was marked for identification and is 10 bound separately.) 11 BY MR. BERRY: 12 Q. Turning now to Exhibit-18, what is 13 Exhibit-18? 14 (Defendant's Exhibit-No. 18 15 was marked for identification and is 16 bound separately.) 17 THE WITNESS: 18 looks like a copy of 18 Exhibit-17. 19 BY MR. BERRY: 20 Q. Is the difference on the -- 21 A. I see no difference. 22 Q. Now, Exhibit-19, what is Exhibit-19, 23 which appears to be a five-page document? 24 A. No. 19 is a declaration I provided to 25 Ford Greene on behalf of his client, Gerald 0052 1 Armstrong, dated February 19 -- 2 Q. '93? 3 A. '93. I am sorry. I am incorrect. I 4 am looking at a court date here. 5 (Defendant's Exhibit-No. 19 6 was marked for identification and is 7 bound separately.) 8 BY MR. BERRY: 9 Q. If you turn to the final page. 10 A. February 11th. 11 Q. 1993? 12 A. That's correct. 13 Q. And what is -- turning to what is 14 Exhibit-20 or will be Exhibit-20, what is that? 15 At least what is your understanding of that 16 document? 17 A. Following submission of my 18 declaration to Ford Greene, which was submitted to 19 the Court and to Mr. Bowles, I assume this is Mr. 20 Bowles' response to my declaration. Or part of 21 that response. 22 (Defendant's Exhibit-No. 20 23 was marked for identification and is 24 bound separately.) 25 MR. WEINER: Objection to the response. The 0053 1 answer is lack of foundation. Nonresponsive. 2 BY MR. BERRY: 3 Q. Mr. Scarff, are you familiar with the 4 signature of Mr. Bowles? 5 A. Yes, I am. 6 Q. Does that appear to you to be the 7 signature of Mr. Bowles on the second page of 8 Exhibit-20? 9 A. It looks like his signature from 10 other documents that I have seen his signature on, 11 yes. 12 Q. Exhibit-21, what is Exhibit-21? 13 A. 21 is a copy of an internal magazine 14 of Scientology which has an article about Tim 15 Bowles. 16 Q. And that is on -- and does that 17 article commence on the third page of that 18 document? 19 A. Yes. 20 Q. And concludes on the fourth page, the 21 third page being Page 32 and Page 33 being the 22 fourth page? 23 A. That is correct. 24 (Defendant's Exhibit-No. 21 25 was marked for identification and is 0054 1 bound separately.) 2 BY MR. BERRY: 3 Q. Turning to Exhibit-22, what is your 4 understanding of Exhibit-22? 5 A. This exhibit accompanied the 6 declaration of Tim Bowles, Exhibit-No. 20, in 7 response to my declaration on behalf of Gerald 8 Armstrong. 9 (Defendant's Exhibit-No. 22 10 was marked for identification and is 11 bound separately.) 12 BY MR. BERRY: 13 Q. And that, to the best of your 14 knowledge, was that in certain litigation that the 15 Church of Scientology has against Gerry Armstrong? 16 A. Yes. 17 Q. Turning your attention to what will 18 be Exhibit-23, what is Exhibit-23? 19 A. 23 is a copy of the Church of 20 Scientology contract that I signed to go on staff 21 at the Mission of Davis, Portland, Oregon in 1984 22 (Defendant's Exhibit-No. 23 23 was marked for identification and is 24 bound separately.) 25 BY MR. BERRY: 0055 1 Q. Is that a two-page document? 2 A. Yes, it is. 3 Q. Is that your signature on Page 2 -- 4 A. Yes, it is. 5 Q. -- near the bottom of the page? 6 A. Yes. 7 Q. Turning your attention to what will 8 be Exhibit-24, what is Exhibit-24, which appears 9 to be a five-page document? 10 A. These are a list of personal contacts 11 which I provided to Dan Leipold in my declaration 12 of September 11, 1992. 13 (Defendant's Exhibit-No. 24 14 was marked for identification and is 15 bound separately.) 16 BY MR. BERRY: 17 Q. And what will be Exhibit-25, a 18 two-page photocopy of a press article, what is 19 that? 20 A. It is an article on an individual in 21 the Cult Awareness Network who works as a 22 deprogrammer. And it relates to her kidnapped 23 deprogramming of a nun, catholic nun. And it also 24 has comments on the far right-hand side, my 25 comments. 0056 1 Q. Is that your -- is the handwriting on 2 the far right-hand side of the first page your 3 handwriting? 4 A. It is, yes. 5 (Defendant's Exhibit-No. 25 6 was marked for identification and is 7 bound separately.) 8 BY MR. BERRY: 9 Q. Turning your attention to Exhibit-26, 10 the next in order, what is Exhibit-26? 11 A. Exhibit-26 accompanied and was 12 actually stapled to the declaration of Karen 13 Hollander, Exhibit-No. 22, which was in response 14 to my declaration on behalf of Gerald Armstrong 15 (Defendant's Exhibit-No. 26 16 was marked for identification and is 17 bound separately.) 18 BY MR. BERRY: 19 Q. And turning your attention to the 20 bottom of Exhibit-26, does your signature appear 21 on that document? 22 A. It is not my signature or document. 23 Q. The writing above Jerry Scarff is not 24 your handwriting? 25 A. No. It is forged. 0057 1 Q. Do you have any understanding as to 2 who forged it? 3 A. Yes, I do. 4 Q. What is the basis of that 5 understanding? 6 A. I understand this to be a forgery by 7 the OSA, Church of Scientology. 8 Q. What is the OSA? 9 A. Office of Special Affairs, which is a 10 redub of the guardian's office, Church of 11 Scientology International. 12 Q. And turning your attention to 13 Exhibit-27, what is Exhibit-27? 14 A. This is an internal memo within the 15 church addressing a Cult Awareness conference held 16 in Milwaukie in 1987, and it refers of 17 communications by a Rosalyn to Gwen Mayfield. At 18 the top it refers to Carol Brooks, who was an OSA 19 member in Chicago at the time. Down below it 20 makes reference to Reverend Dr. Leo Champion, who 21 has association with the Church of Scientology and 22 the Religious Freedom Network. 23 MR. WEINER: Objection to the answer. It 24 was nonresponsive. 25 (Defendant's Exhibit-No. 27 0058 1 was marked for identification and is 2 bound separately.) 3 BY MR. BERRY: 4 Q. There is some handwriting on this 5 document. Do you know whose handwriting is on 6 this document? 7 A. I don't know the -- I don't. 8 Q. What is the basis of your knowledge 9 that it is an internal church document? 10 A. Because -- 11 MR. WEINER: Objection to the form of the -- 12 to the term "the church." 13 MR. BERRY: I am going to get to that in a 14 moment, Counsel. 15 THE WITNESS: Because it -- the article 16 relates to an effort to create a press release 17 toward denegrating this conference. And the 18 individuals mentioned in the body of this letter 19 are two members of the Church of Scientology and 20 two members of the Office of Special Affairs whom 21 I worked with intimately. 22 BY MR. BERRY: 23 Q. And did you come into possession of 24 this document while you were involved with the 25 church? 0059 1 A. Yes, I did. 2 Q. And when you refer to the church, do 3 you mean the Church of Scientology? 4 A. I would refer to it as the 5 Scientology organization, or Church of Scientology 6 as they would like you to believe it is. 7 MR. WEINER: Objection to the form of the 8 answer as totally nonresponsive. 9 MR. BERRY: Can we have an understanding 10 that any references to the church or Church of 11 Scientology International or any other Scientology 12 entities will mean either the -- will be referred 13 to as either the Church of Scientology or the 14 organization, but the use of the word church or 15 Scientology or the organization or the Scientology 16 organization refers to the Church of Scientology 17 International or any of the other Scientology 18 entities. 19 MR. WEINER: Counsel, I wouldn't agree with 20 that. I don't know how anybody could ever follow 21 what it is you are trying to confuse. 22 MR. BERRY: Well, first of all, is there any 23 dispute when we use the church unless otherwise 24 specified we are referring to the Church of 25 Scientology? 0060 1 MR. WEINER: Well, I mean it depends on the 2 context. If we are talking about the plaintiff, 3 we are talking about the plaintiff. I think what 4 we should do is be specific in the use of 5 language. And if we mean one person or one 6 entity, that is what we speak about. 7 I can't agree to an omnibus whatever 8 it is we say is whatever it is we mean. 9 BY MR. BERRY: 10 Q. Unless you indicate otherwise, 11 Mr. Scarff, when you use the word Scientology or 12 Scientology organization or the organization or 13 the church, are you referring to the Church of 14 Scientology generically? 15 A. Yes. 16 Q. And if you wish to refer to any of 17 the entities, such as Church of Scientology 18 international, will you try and do so? 19 A. Yes, I will. 20 MR. WEINER: Just so the record is clear, I 21 would object and I will object on the way, but I 22 will object whenever those terms are used if there 23 is any ambiguity in the way that they are used. 24 BY MR. BERRY: 25 Q. Moving right along here. Exhibit-28, 0061 1 what is Exhibit-28, and should it be attached to 2 an earlier exhibit? 3 A. Let me turn to the exhibit. 4 Q. I think you are looking for 5 Exhibit-22. 6 A. What exhibit are we on now? 7 Q. Exhibit-28. 8 A. Exhibit-28 was attached to both 9 Exhibit-26 and Exhibit-22 and the Timothy Bowles 10 declaration, which was in response to my 11 declaration on behalf of Gerald Armstrong. 12 Q. And Exhibit-28 is a two-page 13 document, correct? 14 A. That's correct. 15 Q. It appears to bear your name at the 16 top of the first page and your name and signature 17 on the bottom of the second page. Is that your 18 signature on the bottom of the second page? 19 A. It is not my signature. It is 20 another Scientology forgery. 21 MR. WEINER: Objection to the -- 22 BY MR. BERRY: 23 Q. In any event, that is not your 24 signature? 25 A. It is not my signature. It is not my 0062 1 letter. I did not write this. 2 MR. WEINER: Let me finish my objection to 3 the prior question. No foundation for that 4 answer. 5 (Defendant's Exhibit-No. 28 6 was marked for identification and is 7 bound separately.) 8 BY MR. BERRY: 9 Q. Mr. Scarff, on the bottom of the 10 second page of Exhibit-28, is that your 11 signature? 12 A. It is not my signature. 13 Q. And does the document indicate where 14 it came from in any way? 15 A. The document claims that it came from 16 Garry Scarff on Normal Street in Portland, Oregon. 17 Q. And looking above your name at the 18 top of the document, is there any other indication 19 as to its source? 20 MR. WEINER: Objection. Trying to lead the 21 witness. 22 THE WITNESS: It is a fax copy from Bowles & 23 Moxon on the top. If you also notice the date, 24 someone at Bowles & Moxon has blocked out the 25 date. 0063 1 BY MR. BERRY: 2 Q. Turning your attention to what will 3 be Exhibit-29, what is Exhibit-29, a five-page 4 document? 5 A. This is a letter that I sent to 6 Reverend John Kerns, who was a vocation director 7 for the archdiocese of Portland. 8 Q. And turning your attention to the 9 fifth and final page of that exhibit, is that your 10 signature midway down the page? 11 A. It is my signature. 12 (Defendant's Exhibit-No. 29 13 was marked for identification and is 14 bound separately.) 15 BY MR. BERRY: 16 Q. And was that a letter you wrote on or 17 about the date on Page 1, May 6th, 1991? 18 A. It is. 19 Q. Turning your attention to Exhibit-30, 20 what is Exhibit-30? 21 A. 30 is a copy of a letter signed by 22 Mr. Tim Bowles to Garry Lynn Scarff faxed on 23 October 4th of '91. 24 Q. And who gave you -- how did you 25 obtain that? 0064 1 A. Eugene Ingram gave it to me. 2 Q. And once again, have you seen 3 Mr. Bowles' signature before? 4 A. Yes. 5 Q. And does that appear to be his 6 signature as you note? 7 A. Yes. 8 (Defendant's Exhibit-No. 30 9 was marked for identification and is 10 bound separately.) 11 BY MR. BERRY: 12 Q. Turning your attention to Exhibit-31, 13 what is Exhibit-31? 14 A. These reflect payments -- I am sorry, 15 this reflects one payment dated October 9th of '91 16 made by Eugene Ingram to me for the phony 17 declaration made by the Church of Scientology. 18 MR. WEINER: Objection to the form of the 19 response as nonresponsive. And there is no 20 foundation. 21 (Defendant's Exhibit-No. 31 22 was marked for identification and is 23 bound separately.) 24 BY MR. BERRY: 25 Q. Turning -- referring again to 0065 1 Exhibit-31, it appears to be photocopies of two 2 checks and the backs of two checks, correct? 3 Well, proceeding from the top of the page. The 4 first document on Exhibit-31, what does that 5 appear to be? 6 MR. WEINER: Counsel, would you like to have 7 a conference so you can tell me -- 8 THE WITNESS: May I ask the counsel from 9 Scientology stop bull-baiting and using this as an 10 opportunity to simply harass and disrupt this 11 hearing. 12 BY MR. BERRY: 13 Q. The record will speak for itself in 14 that regard. But let's concentrate on what the 15 top document is. 16 A. No integrity whatsoever. 17 Q. Is that a check? 18 A. It is a check. 19 Q. And on that check are there certain 20 names? 21 A. Yes. 22 Q. Whose names are those on the top of 23 the check? 24 A. On the check dated October 9th of 25 1991 it says to G. Scarff and signed by Eugene 0066 1 Ingram. 2 Q. I am sorry. Above that? 3 A. Above that is a deposit slip. 4 Q. Of? 5 A. Dated October 15th of '91 to First 6 Interstate Bank. 7 Q. And whose deposit slip is that? 8 A. That is mine. 9 Q. And what does that writing at the top 10 read in terms of the names? 11 A. It says Garry L. Scarff aka Lynn 12 Garrett. 13 Q. And how much does the deposit appear 14 to be for? 15 A. $200. 16 Q. Is there a reverse side of that 17 document on this exhibit? 18 A. Yes. When I requested a copy of the 19 check, the bank sent me the bottom portion, which 20 are carbon copies of the cancellation marks on the 21 check. 22 Q. And which is the reverse side of the 23 deposit slip dated 10/15/91? 24 A. It would be the top half of the lower 25 portion of the -- 0067 1 Q. Would it be the third document down 2 on the page, the third photocopy down? 3 A. It would be the third photocopy. The 4 fourth photocopy is the backside of the deposit 5 slip. 6 MR. WEINER: I think that you misspoke. 7 BY MR. BERRY: 8 Q. Mr. Scarff, is it not correct the 9 third document -- that the third photocopy 10 document down is the reverse apparently of the 11 deposit slip? 12 A. No. If you notice that on the far 13 right-hand side I have written "For Deposit Only" 14 and it has my endorsement. 15 Q. Is that on the -- 16 A. That's the actual back copy of the 17 check itself. 18 Q. So the back of the deposit slip is 19 the bottom? 20 A. That's correct. 21 Q. And so what -- let's go back to the 22 check a moment. What is the photocopy of the 23 second down on that page appearing to be an 24 October 1991 check? 25 A. It is a check to me from Eugene 0068 1 Ingram of Ingram Investigations. 2 Q. And how much was it for? 3 A. $200. 4 Q. And does the reverse of that check 5 appear to be on this page? 6 A. Yes. 7 Q. And is that the document immediately 8 below what you have indicated to be the check? 9 A. It is. 10 Q. Now, what is Exhibit-32 from the top 11 down? Does it appear to be the photocopy of the 12 front and back of two checks -- 13 A. One check. 14 Q. One check and a deposit slip? 15 A. That's correct. 16 Q. Could you please explain. 17 MR. WEINER: Objection to the form of the 18 question. 19 BY MR. BERRY: 20 Q. Could you please indicate, then, what 21 the photocopy of the document at the top of the 22 page is? 23 A. It is a copy of the deposit slip 24 which I gave to the bank with the check underneath 25 it. 0069 1 Q. And what date did it bear? 2 A. The deposit slip was deposited on 3 October 19th of 1991 for $600. 4 Q. And is there a reverse side of that 5 deposit slip on this page? A photocopy of the -- 6 A. Yes. It would be the fourth photo 7 down. 8 Q. The bottom document? 9 A. That's correct. 10 Q. And then the second document down, 11 what is that? 12 A. That is the copy of the check which 13 Eugene Ingram wrote for me on October 19 of 1991 14 for $600. 15 Q. Is there a reverse side of that check 16 on this page? 17 A. That would be the third photograph 18 down. 19 (Defendant's Exhibit-No. 32 20 was marked for identification and is 21 bound separately.) 22 BY MR. BERRY: 23 Q. Exhibit-33, what are the two 24 documents which appear to be photocopies on that 25 exhibit? 0070 1 A. This is a check for $500 dated 2 November 19th and signed by Eugene Ingram. 3 Q. In what amount of money? 4 A. $500. 5 Q. Now, is the reverse of that check 6 also on that page, Exhibit-33? 7 A. Yes. It is right next to it. 8 (Defendant's Exhibit-No. 33 9 was marked for identification and is 10 bound separately.) 11 BY MR. BERRY: 12 Q. Now, what is Exhibit-34? 13 A. 34 reflects a news article written by 14 an Associated Press writer in Oklahoma following a 15 press conference coordinated by the Church of 16 Scientology in Oklahoma City during an on the site 17 Cult Awareness conference. 18 Q. And how did you come into the 19 possession of Exhibit-34? 20 A. It was provided to me by Kathy Norman 21 who at that time was president of the Church of 22 Scientology in Austin, Texas, whom I was working 23 with on a disruption campaign against the Cult 24 Awareness Network. 25 MR. WEINER: Objection to the response as 0071 1 nonresponsive. 2 BY MR. BERRY: 3 Q. Could you restate your response 4 without the CAN disruption campaign reference? 5 A. I have been as honest as I can and as 6 brief as I can. I am sorry. It is just the 7 truth. 8 Q. Was it provided by a member of the 9 Church of Scientology? 10 A. By an official of the Church of 11 Scientology. The president of the Church of 12 Scientology in Austin, Texas. 13 MR. WEINER: Objection to the response. No 14 foundation. 15 (Defendant's Exhibit-No. 34 16 was marked for identification and is 17 bound separately.) 18 BY MR. BERRY: 19 Q. How did you know this person was 20 president of the Church of Scientology of Texas? 21 A. I worked with her and I also worked 22 with a number of other high ranking officials of 23 the church at this conference to disrupt the 24 conference. I was paid to go there. 25 MR. WEINER: Objection to the response as 0072 1 nonresponsive. 2 BY MR. BERRY: 3 Q. The person who provided you with this 4 letter, did that person identify herself as the 5 president of the Church of Scientology, Texas? 6 A. Yes, she did. She also provided me a 7 business card that she provides individuals 8 identifying her as a Church of Scientology, and I 9 also have photographs of her. 10 (Defendant's Exhibit-No. 35 11 was marked for identification and is 12 bound separately.) 13 BY MR. BERRY: 14 Q. Now, Exhibit-35, what is that 15 document? 16 A. This is another news release that 17 came out of the Oklahoma City newspaper reflecting 18 the press conference that Scientology sponsored, 19 and it also contains the responses from officials 20 of the Cult Awareness Network. 21 MR. WEINER: I would object to the response 22 as nonresponsive. I would also object to -- it 23 doesn't appear to be a complete copy of what it is 24 purporting to be. I don't know if your copy is 25 that way. It is cut off. 0073 1 MR. BERRY: It is a two-page document. And 2 moving along here now, bearing your objections in 3 mind. 4 Q. Exhibit-36, what is Exhibit-36? 5 A. 36 is an article which was published 6 in the Los Angeles Times on November 19th, 1991 7 talking about Garry Scarff and his involvement in 8 a press conference sponsored by the Church of 9 Scientology on November 18th. 10 (Defendant's Exhibit-No. 36 11 was marked for identification and is 12 bound separately.) 13 BY MR. BERRY: 14 Q. What is Exhibit-37? 15 A. Exhibit-37 is a news release which 16 was issued by the Office of Special Affairs in 17 Chicago concerning Garry Scarff, which we refer to 18 as an alibi press release. 19 MR. WEINER: Objection to the answer as 20 nonresponsive and lack of foundation. 21 BY MR. BERRY: 22 Q. What is the Office of Special Affairs 23 that you refer to very briefly? 24 A. Office of Special Affairs is simply a 25 rename of the guardian's office which has criminal 0074 1 history within the Church of Scientology 2 International. 3 MR. WEINER: Objection to the answer as 4 nonresponsive. And lack of foundation. 5 BY MR. BERRY: 6 Q. By Office of Special Affairs are you 7 referring to an entity within the Church of 8 Scientology International? 9 A. Yes, it is a branch, yes. 10 Q. Have you been paid -- sorry. 11 Withdrawn. 12 Have you done work on behalf of the 13 Office of Special Affairs of the Church of 14 Scientology International? 15 A. Yes, I have. 16 (Defendant's Exhibit-No. 37 17 was marked for identification and is 18 bound separately.) 19 BY MR. BERRY: 20 Q. Now, Exhibit-38, what is that 21 document? 22 A. 38 is a second example of an alibi 23 release. An article published of information 24 provided to it by Carol Brooks, an official of the 25 Office of Special Affairs, the Church of 0075 1 Scientology, Chicago, Illinois. 2 MR. WEINER: Objection to the response. 3 Nonresponsive. And lack of foundation. 4 BY MR. BERRY: 5 Q. First of all, Exhibit-38 is -- what 6 does it appear to be? Is it -- 7 A. 38 is a copy of an article published 8 in the Chicago Defender, which is a black 9 community newspaper in Chicago. 10 Q. Do you have any personal knowledge as 11 to the origin of Exhibit-38? 12 A. Yes. 13 Q. And what is that knowledge? 14 A. This was an article published from 15 information provided to the newspaper by Carol 16 Brooks, an official for the Church of Scientology. 17 MR. WEINER: Objection to the question -- to 18 the response, there is no foundation. 19 BY MR. BERRY: 20 Q. Have you met Carol Brooks before? 21 A. Yes, I have. 22 Q. And when you met Carol Brooks, did 23 she identify herself in any way? 24 A. Yes, she did. 25 Q. How did she identify herself? 0076 1 A. A member of the Office of Special 2 Affairs, Church of Scientology in Chicago, 3 Illinois. 4 Q. Do you have any information as to the 5 origin of the information that appears in 6 Exhibit-38? 7 A. Yes, I do. 8 Q. And what is that information? 9 A. This information was information 10 regularly used by the OSA in which my name was 11 used and sent to various members of the media at 12 many different times. 13 (Defendant's Exhibit-No. 38 14 was marked for identification and is 15 bound separately.) 16 BY MR. BERRY: 17 Q. Turning your attention to Exhibit-39, 18 what is Exhibit-39, which appears to be a 19 nine-page document? 20 A. 39 is a copy of a letter existing out 21 of a church operation directed by David 22 Butterworth. 23 MR. WEINER: Object to the form of the 24 response. Ambiguous. 25 BY MR. BERRY: 0077 1 Q. What do you mean -- by "church 2 operation" what do you mean? 3 A. This was an operation -- 4 Q. I will restate the question. 5 What do you mean by this was -- what 6 do you mean by "church"? 7 A. This was -- we are talking about the 8 Church of Scientology International's Office of 9 Special Affairs, a coordinated effort. And -- 10 Q. And secondly, was this document, to 11 your knowledge, ever sent? 12 A. This actual document was a draft of a 13 letter that was later sent. 14 Q. Do you know who prepared this 15 document? 16 A. I prepared this document with the 17 assistance of David Butterworth and with the 18 approval of David Butterworth with the assistance 19 of Gwen Mayfield who is the Director of Office of 20 Special Affairs, Portland, Oregon. 21 Q. Who is David Butterworth? 22 A. David Butterworth at this time was 23 the director of special affairs, Church of 24 Scientology International in Los Angeles. 25 (Defendant's Exhibit-No. 39 0078 1 was marked for identification and is 2 bound separately.) 3 BY MR. BERRY: 4 Q. Turning your attention to 5 Exhibit-No. 40, what is Exhibit-No. 40? 6 A. 40 is a copy of a letter sent to 7 Mr. John House by Eugene Ingram and it refers to 8 me. 9 Q. Is Exhibit-40 a nine-page document? 10 A. It is. 11 Q. Sorry, these appear -- 12 A. No. 8 is missing. 13 Q. It is an eight-page document. What 14 appears to be Page No. 6 of Exhibit-40 -- 15 MR. WEINER: Can I clarify? You are talking 16 about the exhibit -- the exhibit is a nine-page 17 document and there is one page missing. 18 MR. BERRY: It is an eight-page document, 19 the final page which is Page No. 9. The 20 penultimate page is Page No. 7. It would appear 21 that Page No. 8 is missing. 22 MR. WEINER: It is a mispaginated document? 23 THE WITNESS: It is a typo. 24 (Defendant's Exhibit-No. 40 25 was marked for identification and is 0079 1 bound separately.) 2 BY MR. BERRY: 3 Q. And on Page 6 of Exhibit-40 there 4 appears to be a signature two-thirds of the way 5 down the bottom of the page. Can you indicate 6 whose signature that is? 7 A. Yes. The signature is Roger Stodola 8 signing in Gene's name and he puts his initials 9 down here R.S. 10 Q. And who is Roger Stodola? 11 A. Roger Stodola at that time was an 12 assistant to David Butterworth, the Office of 13 Special Affairs, later to join the staff at the 14 org in San Francisco. 15 Q. Have you ever met Mr. Stodola? 16 A. Not in person. I have spoken with 17 him personally on the telephone. 18 Q. And when you have spoken to him, 19 where have you spoken to him? 20 A. From various parts of the country 21 when I was doing some projects for the Church of 22 Scientology. 23 Q. When you spoke with Stodola, did you 24 have an understanding of where he was? 25 A. Yes. I have been in his office in 0080 1 the church. 2 Q. And by "church" you mean? 3 A. Church of Scientology in the Saint 4 Hill organization building on Berando Street in 5 the Hollywood area of Los Angeles. 6 MR. WEINER: Objection to the response of 7 the last two questions. Lack of foundation. 8 BY MR. BERRY: 9 Q. There are a couple of questions 10 there. Have you or have you not met Roger Stodola 11 before? 12 A. I never recall meeting Mr. Stodola 13 personally. 14 Q. Have you been at the Saint Hill 15 organization building -- Saint Hill building of 16 the Church of Scientology International? 17 A. I have been there. 18 Q. Have you been in an office there 19 which appears to be that of Roger Stodola? 20 A. Yes. 21 Q. Have you telephoned the number you 22 know to be that of the Office of Special Affairs 23 and asked for Roger Stodola? 24 A. Yes, I have. 25 Q. And has a man who identified himself 0081 1 as Roger Stodola answered the phone? 2 A. Yes. 3 Q. And has he indicated that he is an 4 official of the Office of Special Affairs of the 5 Church of Scientology International? 6 A. Yes. 7 Q. Now, Exhibit-No. 42, what is that? 8 A. 41? 9 Q. I misspoke. Turning your attention 10 to Exhibit-41, what will be Exhibit-41, what is 11 that? 12 A. This is a copy of a letter which I 13 sent to the Federal Bureau of Investigation 14 requesting an investigation into the activities of 15 the Positive Action Center. 16 Q. And is that a two-page document? 17 A. Yes, it is. 18 Q. And on the second page there is a 19 signature one-third down the page. Whose 20 signature is that? 21 A. That is my signature. 22 (Defendant's Exhibit-No. 41 23 was marked for identification and is 24 bound separately.) 25 BY MR. BERRY: 0082 1 Q. Turning your attention to -- and was 2 that document prepared on or about the date that 3 appears at the top of the first page? 4 A. Yes. 5 Q. 7/6/91? 6 A. That's correct. 7 Q. Exhibit-42, what is that document? 8 A. This is a copy of a personal letter 9 that I received from an official from the Church 10 of Universal Triumphant in Montana thanking me for 11 a project that I had worked with him on. 12 (Defendant's Exhibit-No. 42 13 was marked for identification and is 14 bound separately.) 15 BY MR. BERRY: 16 Q. There is a fax transmission at the 17 top of the page. What is that? 18 A. It comes from Bowles & Moxon dated 19 May 5th of '93. This was a document entered into 20 evidence by Bowles & Moxon at my last deposition. 21 Q. Now, Exhibit-43, what is that 22 document? 23 A. This is a photocopy -- 24 Q. It is a nine-page document, I 25 believe? 0083 1 A. It is the same exhibit as No. 39. 2 The only difference is that this is a photocopy of 3 a copy which Gwen Mayfield had which she wrote in 4 the upper right-hand corner "Take one." 5 Q. Are you familiar with Gwen Mayfield's 6 handwriting? 7 A. Yes. 8 Q. And the word "Take one" on Page 1 of 9 Exhibit-43, do you recognize that as her 10 handwriting? 11 A. It looks like her handwriting, yes. 12 Q. And turning your attention to what is 13 internal Page No. 7, the second paragraph there is 14 some handwriting on the side. What is that -- 15 MR. WEINER: I am sorry, what page? 16 MR. BERRY: Page 7. 17 Q. There is some handwriting on the side 18 of Paragraph 2. Can you explain that? 19 A. Yes. It refers to John Baker, a 20 member of a Nichiren Shoshu Buddhism association. 21 That is my handwriting. 22 (Defendant's Exhibit-No. 43 23 was marked for identification and is 24 bound separately.) 25 BY MR. BERRY: 0084 1 Q. Now, turning your attention to 2 Exhibit-44, what is Exhibit-44? 3 A. This was another exhibit used by 4 Bowles & Moxon in my last deposition. It is a 5 letter to a Reverend Kelly. 6 Q. It is a one-page document, correct? 7 A. Yes. 8 Q. At the bottom of that page there 9 appears to be a signature. Is that your 10 signature? 11 A. That is my signature. 12 (Defendant's Exhibit-No. 44 13 was marked for identification and is 14 bound separately.) 15 BY MR. BERRY: 16 Q. The next exhibit is Exhibit-45, a 17 four-page document. What is that? 18 A. This is a letter which I sent to 19 Sheryl Ann Graf, who is the daughter of Ann and 20 Adrian Greek. Ms. Graf is a unification church 21 member, and it is dated December 26, '91. And I 22 am missing the fourth page in my -- 23 Q. And if you look at my copy for a 24 moment, at the bottom of the page is a signature. 25 Is that your signature? 0085 1 A. It is my signature, yes. 2 (Defendant's Exhibit-No. 45 3 was marked for identification and is 4 bound separately.) 5 BY MR. BERRY: 6 Q. Turning your attention to Exhibit-46, 7 what is Exhibit-46, which appears to be a 32-page 8 document entitled "The Scope of Scientology, 9 Auditor's Day 1991." 10 A. It is a Scientology document 11 concerning general amnesty which was issued 1991. 12 And it was provided to me by Joanne Charbonneau, a 13 member of the Church of Scientology in Portland, 14 Oregon. 15 (Defendant's Exhibit-No. 46 16 was marked for identification and is 17 bound separately.) 18 BY MR. BERRY: 19 Q. And there is some handwriting at the 20 top of the very first page of Exhibit-46. Do you 21 recognize that handwriting? 22 A. Yes, I do. 23 Q. Whose handwriting is it? 24 A. That would be Joanne Charbonneau's. 25 Q. And once again Joanne Charbonneau is 0086 1 who? 2 A. She is a member of the Church of 3 Scientology in Portland and works on staff with 4 the Mission of Davis in Portland. 5 Q. And what is the Mission of Davis? 6 A. Mission of Davis is the 7 ecclesiastically religious branch of Scientology. 8 Q. Whereabouts? 9 A. They are located at -- 10 Q. The city? 11 A. Portland, Oregon. 12 Q. Turning your attention to Page 46 -- 13 Exhibit-47, what is Exhibit-47? 14 A. Exhibit-47 is a graph created by the 15 Church of Scientology which relates to Cult 16 Awareness Network de programmers and those 17 associated or affiliated with deprogrammers, and 18 down on the bottom in the box which speaks of 19 former CAN executives, members and associates who 20 have exposed CAN's links to deprogramming. Third 21 name down Garry Scarff, ex-deprogrammer. 22 Q. Do you know who the source of the 23 first page of Exhibit-47? 24 A. These were distributed in the 25 hundreds out of the Office of Special Affairs, 0087 1 Church of Scientology International, Los Angeles. 2 Q. Attached to the first page is a 3 multi-page document, several pages. What is that 4 document? 5 A. This is one of the front groups of 6 the Church of Scientology and a press release 7 issued by a Dr. Isaac Brooks in Washington, D.C. 8 MR. WEINER: Objection to the response. 9 BY MR. BERRY: 10 Q. By "front group" what are you 11 referring to? 12 A. The Church of Scientology has a 13 number of entities operating in the United States 14 which deliberately conceals its relationship to 15 the Church of Scientology and it is in fact 16 coordinated and funded by the Church of 17 Scientology International. The deprogramming 18 survivor's network is one such front group which 19 the Church of Scientology deliberately conceals as 20 being associated with it. 21 MR. WEINER: Objection to the response. 22 Lack of foundation. 23 BY MR. BERRY: 24 Q. How did you come into possession of 25 Exhibit-47? 0088 1 A. Because in the numerous letters that 2 the Church of Scientology had me draft to public 3 officials, agencies and the media, this is a copy 4 of the press release that went with some of my 5 letters. 6 MR. WEINER: Objection to the response. 7 Lack of foundation and nonresponsive. 8 (Defendant's Exhibit-No. 47 9 was marked for identification and is 10 bound separately.) 11 BY MR. BERRY: 12 Q. And who provided you with this letter 13 to enclose in those magazines? 14 A. This came directly to me from David 15 Butterworth of the Office of Special Affairs, 16 Church of Scientology in Los Angeles. 17 BY MR. BERRY: 18 Q. Exhibit-48, what is that? 19 A. This is a letter which I wrote on 20 January 2nd to the Lieutenant Larry Jones, editor 21 of the Cult Crime Impact Network in Boise, Idaho. 22 And attached to my letter is an article which I 23 wrote entitled "Kidnapping, Religious 24 deprogramming and the Role of Police." 25 Q. Is that a six-page article? 0089 1 A. Yes, it is 2 (Defendant's Exhibit-No. 48 3 was marked for identification and is 4 bound separately.) 5 BY MR. BERRY: 6 Q. Turning your attention now to Page 1 7 of this seven-page exhibit, is there a signature 8 on that Page 1? 9 A. Yes. 10 Q. Is that your signature? 11 A. That is my signature. 12 Q. And was the letter created on or 13 about the date that it appears at the top of 14 Exhibit-48? 15 A. It was prepared within a week of my 16 sending it, yes, on January 2nd. 17 MR. BERRY: Would this be a convenient place 18 to take a break for lunch? 19 MR. WEINER: It is fine with me. 20 MR. BERRY: It being 12:20. Let's take a 21 one-hour break. 22 VIDEO OPERATOR: We will go off the record. 23 The date is July 22, 1993. The time is 12:23. 24 There is the end of tape one in the continuing 25 deposition of Mr. Scarff. 0090 1 (The luncheon recess was taken 2 at 12:20 P.M.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0091 1 APPEARANCES OF COUNSEL: 2 (P.M. SESSION) 3 4 GRAHAM E. BERRY, ESQ. 5 6 ROBERT WEINER, ESQ. 7 8 TIMOTHY BOWLES, ESQ. 9 10 11 12 ALSO PRESENT: 13 14 BARRY VARANESE, VIDEO OPERATOR 15 16 17 18 19 20 REPORTED BY: 21 22 LEE BRENNEMAN, CSR No. 5222 23 24 25 0092 1 (The deposition of GARRY L. SCARFF 2 was reconvened at 1:30 P.M.) 3 4 GARRY L. SCARFF, 5 having been previously duly sworn, testified 6 further as follows: 7 8 VIDEO OPERATOR: We are back on the record. 9 The date is July 27, 1993. The time is 10 1:31 P.M. This is the beginning of Tape 2 in the 11 continuing deposition of Mr. Scarff. 12 13 EXAMINATION (CONTINUING) 14 BY MR. BERRY: 15 Q. Good afternoon, Mr. Scarff. We had 16 just dealt with Exhibit-47, I believe. Turning 17 now to what will be Exhibit-48, what is 18 Exhibit-48? 19 A. 48 is a letter that I sent to a 20 Lieutenant Larry Jones in Boise, Idaho and 21 attached to that letter is an article which I 22 wrote. 23 Q. In fact, I believe we dealt with 48 24 just before the lunch break. 25 Turning now to Exhibit-49, what is 0093 1 Exhibit-49? 2 A. Exhibit-49 is the final draft of the 3 letter which is seen in Exhibit-39 and 4 Exhibit-43. 5 Q. And is Exhibit-49, in part, the first 6 part of an eight-page letter -- sorry, nine-page 7 letter which has at the bottom Page 8, Garry L. 8 Scarff? 9 A. Yes. 10 Q. This is not signed, is it? 11 A. This specific exhibit is not signed. 12 Q. Do you have any knowledge as to 13 whether this document was actually mailed out? 14 A. Oh, yes. I did it myself. 15 Q. So you created the first nine pages 16 of Exhibit-49 yourself? 17 A. This was a creation -- the content of 18 this letter was created by not only myself but 19 David Butterworth and Gwen Mayfield. 20 Q. Who are they? 21 A. Gwen Mayfield at that time was the 22 Director of Office Of Special Affairs in 23 Portland. David Butterworth was the Director of 24 Office of Special Affairs, Church of Scientology 25 in Los Angeles. 0094 1 Q. Now, is there a -- so you had 2 assistance in preparing this? 3 A. Yes. And the -- yes. 4 Q. We will come back to that later in 5 the deposition. But there are a large number of 6 attachments to this letter. 7 A. With the letter that was sent out, 8 there were approximately 100 documents attached. 9 Q. And does this -- 10 A. But the only document in this exhibit 11 which was not included in this letter was the one 12 showing a postcard from Anne Greek, dated December 13 4th of '91. 14 Q. Is that the tenth page? 15 A. Yes. 16 Q. And what is the tenth page? 17 A. It is a copy of a postcard I received 18 from Anne Greek asking for a copy of my 36-page 19 affidavit. 20 Q. And who is Anne Greek? 21 A. Anne Greek is the former co-director 22 of the Positive Action Center which at one time 23 was the Oregon affiliate for the Cult Awareness 24 Network. 25 Q. With that exception of Page 10 of 0095 1 this document, were all of the other documents 2 attached to Exhibit-49, the nine-page letter, to 3 the best of your recollection, the attachments 4 that were actually mailed out with that letter? 5 MR. WEINER: Objection to the form of the 6 question. There are at least 18 pages that have 7 no numbers, and I don't know how there could be 8 any foundation for the answer for that question. 9 THE WITNESS: The accompanying documents to 10 the letter had no page numbers written on them. 11 It was just a packet sent with the letter to 75 12 ministers. 13 BY MR. BERRY: 14 Q. Do you want to go through it page by 15 page? 16 A. Sure. 17 MR. BERRY: Off camera for a moment while 18 the witness goes through page by page and then we 19 will go back on camera. 20 MR. WEINER: I would like to stay on 21 camera. 22 MR. BERRY: All right. 23 THE WITNESS: As I said, the postcard by 24 Anne Greek was not part of the packet. 25 The photograph of my father and I 0096 1 Christmas 1990 was. 2 A copy of the hospital birth 3 certificate was. 4 A copy of the voter's registration 5 card was. 6 Second copy of the voter registration 7 card was. 8 This 109-paragraph declaration 9 prepared by Eugene was. 10 BY MR. BERRY: 11 Q. That is the declaration dated 12 November 1, 1991? 13 A. That's correct. 14 This Ada County Sheriff's Department 15 press release was. 16 The Church Universal and Triumphant 17 letter was. 18 The press release from Henry Kriegel 19 was. The Idaho statesman article was. There is 20 actually -- there are two Idaho statesman articles 21 here. Both of them were attached. 22 The December 3, 1991 letter to the 23 producer of the Sally Jessy Raphael show was. 24 The Chicago Defender article dated 25 November 25, 1991 was. 0097 1 The press release dated November 27 2 issued by the OSA in Chicago was. 3 MR. WEINER: Objection to the form of the 4 response. 5 THE WITNESS: The -- 6 BY MR. BERRY: 7 Q. What does the other say, Mr. Scarff? 8 A. Office of Special Affairs, Church of 9 Scientology, Chicago, Illinois. 10 MR. WEINER: Same objection. Lack of 11 foundation. 12 BY MR. BERRY: 13 Q. Mr. Scarff, is the November 27, 1991 14 press release a document which has formerly been 15 identified in this deposition? 16 A. Yes, it is. 17 The November 2nd, 1991 Oklahoman 18 article was. 19 The Associated Press article was. 20 The Los Angeles Times article dated 21 November 19, 1991 was. 22 The Religious Freedom Alert 23 Newsletter dated April 1991 was. 24 The Religious Freedom Alert 25 Newsletter dated June '91 was. 0098 1 And then you have an abstract page of 2 a number of headlines placed together was. 3 The Glendale Daily News dated 4 November 1st, 1983 was. 5 The Milwaukee Journal dated April 6 21st, '88 was. 7 A page -- I am sorry, there were two 8 pages out of the Cult Awareness Network Newsletter 9 dated May of '88 and they were also in the 10 packet. 11 Q. And by "packet" you meant the 12 documents which accompanied the January 2, 1992 13 letter, Exhibit-49? 14 A. That is correct. 15 (Defendant's Exhibit-No. 49 16 was marked for identification and is 17 bound separately.) 18 BY MR. BERRY: 19 Q. Exhibit-50, what is Exhibit-50? 20 A. This is a de-brief which I sent to 21 David Butterworth, Director of Special Affairs. I 22 have DSA, LA, dated January 13, 1992. 23 Q. And is that a 15-page document? 24 A. It is. 25 Q. And does that relate to Exhibit-16, 0099 1 the draft complaint by you against the Positive 2 Action Center? 3 A. It does. 4 MR. WEINER: Objection to the form of the 5 question. I don't know what you mean by "relate 6 to." 7 BY MR. BERRY: 8 Q. Does Exhibit-50 have any relationship 9 to any other exhibit that we have just been 10 reviewing? 11 MR. WEINER: Same objection for the same 12 reason. 13 BY MR. BERRY: 14 Q. Was Exhibit-50, for the benefit of 15 Mr. Weiner, prepared in connection with any other 16 exhibit that we have reviewed so far? 17 A. Yes. 18 Q. And what exhibit was that? 19 A. Exhibit-16. 20 Q. And Exhibit-16 is the draft complaint 21 Scarff versus Positive Action Center? 22 A. That's correct. 23 Q. And is Exhibit-50 your handwriting? 24 A. It is. 25 (Defendant's Exhibit-No. 50 0100 1 was marked for identification and is 2 bound separately.) 3 BY MR. BERRY: 4 Q. Now, Exhibit-51, what is Exhibit-51? 5 A. It is a copy of a newsletter drafted 6 to me -- I am sorry, a copy of a personal letter 7 drafted to me by Dr. George Robertson. And this 8 is a copy that had been sent to Gwen Mayfield of 9 the Church of Scientology in Portland, Oregon, and 10 it bears her name on the document. 11 Q. Is that what the words "FYI" above 12 "To Gwen" and a circle on Page 1 mean? 13 A. That's correct. 14 Q. Whose handwriting is the word "Gwen" 15 in? 16 A. I have no idea. 17 (Defendant's Exhibit-No. 51 18 was marked for identification and is 19 bound separately.) 20 BY MR. BERRY: 21 Q. Exhibit-52, what is Exhibit-52? 22 A. This is a knowledge report sent to 23 David Butterworth concerning a gentleman that I 24 had spoken with, and it talks about different 25 factual information retrieved from that 0101 1 individual. 2 Q. Is it a two-page document? 3 A. It is. 4 Q. Is it in your handwriting? 5 A. It is. 6 Q. What is a knowledge report? 7 A. Knowledge report is a written report 8 of anything that can be used or would be of 9 interest to the Church of Scientology intelligence 10 division. 11 MR. WEINER: Objection to the response. 12 Lack of foundation. 13 BY MR. BERRY: 14 Q. Have you been at any time an 15 operative of the Church of Scientology 16 International Office of Special Affairs? 17 MR. WEINER: Objection to the form of the 18 question in the use of the term "operative." 19 THE WITNESS: Yes, I have. I was an 20 operative for the Church of Scientology 21 International. 22 BY MR. BERRY: 23 Q. And by the word "operative," what do 24 you mean? 25 A. I operated on both a covert and overt 0102 1 basis with the Office of Special Affairs in not 2 only Los Angeles but other cities, as well, that 3 had a working relationship with the Los Angeles 4 office. 5 Q. And in the course of those functions 6 did you come to have an understanding of the 7 phrase knowledge report? 8 A. Yes. 9 Q. And was the phrase knowledge report a 10 phrase used on a regular basis by members of the 11 Office of Special Affairs? 12 A. I don't recall the mention of 13 knowledge report as everyday conversation, no. I 14 know what it meant based on the definition 15 provided to me by David Butterworth. 16 Q. And who was David Butterworth? 17 A. David Butterworth again was a 18 Director of the Office of Special Affairs in 19 Los Angeles 20 (Defendant's Exhibit-No. 52 21 was marked for identification and is 22 bound separately.) 23 BY MR. BERRY: 24 Q. Exhibit-53 is what? 25 A. This is a newspaper editorial 0103 1 published in January of 1992 and it relates to the 2 events of the kidnapping/deprogramming of a woman 3 in Boise, Idaho and, it also refers to me in the 4 Boise article. 5 (Defendant's Exhibit-No. 53 6 was marked for identification and is 7 bound separately.) 8 BY MR. BERRY: 9 Q. Now, Exhibit-54 is what? 10 A. This is just one example of the many 11 reports that I sent to David Butterworth about 12 what I was doing. And this specific exhibit 13 relates to press releases I sent out to numerous 14 individuals. Page 3 and 4 are reversed. But it 15 is approximately 35 newsletters sent out to 16 various people. 17 Q. And Pages 1 and 2? 18 A. 1 and 2 explains basically the 19 contacts that I had with people in the press and 20 also members within the church and what I was 21 doing. 22 Q. And by "church" you mean the Church 23 International? 24 A. Church of Scientology. 25 One contact I mentioned in the body 0104 1 of this exhibit is the contact I had with someone 2 with a flag organization down in Clearwater, 3 Florida. 4 Q. What do you mean by "a flag 5 organization, Clearwater, Florida"? 6 A. The flag land base is a division of 7 Church of Scientology International. 8 Q. And is that in Clearwater, Florida? 9 A. It is. 10 (Defendant's Exhibit-No. 54 11 was marked for identification and is 12 bound separately.) 13 BY MR. BERRY: 14 Q. Exhibit-55 is what? 15 A. 55 is a combination of letters that I 16 sent out to various news media around the country. 17 Q. And is it a 14-page document? 18 A. Well, they are all attached together 19 but they are separate documents stapled together. 20 Q. And are there 14 pages attached, 21 stapled? 22 A. I am sorry? 14 pages in this 23 exhibit? 24 Q. Yes. 25 A. Yes. 0105 1 MR. WEINER: Counsel, would you identify 2 what these pages are? Some of them are not 3 numbered. 4 BY MR. BERRY: 5 Q. Page 1, that is a letter that you 6 sent out; is that correct? 7 A. That is correct. 8 Q. Did you write this letter? 9 A. Yes, I did. 10 Q. Did anyone else assist you with this 11 letter? 12 A. I was instructed to write this letter 13 by Mr. Butterworth. 14 Q. Mr. David Butterworth? 15 A. Yes, correct. 16 Q. Now, would you please briefly 17 describe each following page that comprises the 18 remaining 13 pages. 19 A. This is a letter dated December of 20 1991 that I wrote to the executive producer of the 21 Oprah Winfrey show in Chicago. 22 Q. It is a two-page letter dated 23 December 13, 1991? 24 A. That's correct. 25 Q. Next two pages are what? 0106 1 A. December 14th, '91, a letter sent to 2 the editor of the Willamette, Portland, Oregon. 3 Q. Is that your signature on the Page 2? 4 A. It is. 5 Q. And the next page is what? 6 A. December 13, 1991 letter sent to the 7 news editor of the Eugene Register Guard in 8 Oregon. 9 Q. Is that your signature? 10 A. It is. 11 MR. WEINER: If I can interrupt just to be 12 consistent, the December 13, 1991 letter to the 13 Oprah Winfrey show, he didn't indicate whether 14 that was his signature. 15 BY MR. BERRY: 16 Q. Returning back to the third page in 17 this package, Exhibit-55, is that your signature 18 that is one-third the way down on that page? 19 A. Yes. 20 Q. And turning now to the ABC 21 newsletter, what is that? 22 A. This is a response I received from 23 the producers of 20/20 concerning a suggestion I 24 made for a story with that show. 25 Q. And the next page? 0107 1 A. Letter to a pastor who was an editor 2 for U.S. Catholic Today in Chicago. 3 Q. Is that your signature? 4 A. It is. 5 Q. And the next page? 6 A. December 31 letter to the editor of 7 Christianity Today. 8 Q. And is that your signature on that 9 page? 10 A. Yes. 11 Q. The next page? 12 A. December 31 letter to the editor of 13 the Chicago Defender. And that's my signature. 14 Q. The next page? 15 A. December 341 letter to David 16 Kirkpatrick, Barrington Journal, and bears my 17 signature. 18 Q. And the next page? 19 A. December 31st letter to Mr. Daryl 20 Turner of the Religious News Service. Has my 21 signature. 22 Q. Next page? 23 A. December 31 letter to Sherri Ingils, 24 producer for KKLA Radio, North Hollywood, 25 California. Bears my signature. 0108 1 Q. On the second page? 2 A. That's correct. 3 Q. And that's the last page of 4 Exhibit-55, correct? 5 A. Yes. 6 (Defendant's Exhibit-No. 55 7 was marked for identification and is 8 bound separately.) 9 BY MR. BERRY: 10 Q. Turning now to Exhibit-56, what is 11 Exhibit-56? 12 A. This is a copy of the search warrants 13 that was served on Joseph Szimhart in New Mexico. 14 Q. And is there anything else that is 15 part of that exhibit as well? 16 A. There is an attachment to the actual 17 warrant and it looks like an inventory of items 18 that the police confiscated during the search 19 warrant, and it is a two-page document. 20 Q. And who provided you with this 21 document? 22 A. Mr. Eugene Ingram. 23 Q. And do you know what use was made of 24 this document, if any? 25 MR. WEINER: Objection to the form. 0109 1 BY MR. BERRY: 2 Q. Do you have any other knowledge with 3 regard to this document? 4 A. Yes. 5 MR. WEINER: Objection to the form of the 6 question. 7 THE WITNESS: Yes, I do. 8 BY MR. BERRY: 9 Q. And what is that knowledge? 10 MR. WEINER: Objection to the form of the 11 question. I don't think it is appropriate to just 12 ask him open-ended things and ask for a 13 narration. 14 MR. BERRY: I am trying not to lead him, 15 Counsel. 16 THE WITNESS: On Page 7 of the search 17 warrants in the first paragraph it makes mention 18 of a police detective speaking with Adrian Greek 19 and retrieving a phone number for Joe Szimhart for 20 Mr. Greek. And it was from this paragraph that I 21 was involved in an operation in which we totally 22 distorted the information in the paragraph, made 23 it look like an indictment of Adrian Greek. A 24 pursuit and operation on that basis. 25 Q. When you say you were involved in an 0110 1 operation, what do you mean? 2 A. We sent out press releases to the 3 effect that Adrian Greek was found by the police 4 to have been involved in the planning of this 5 kidnapped deprogramming. 6 Q. And when you say "we," who do you 7 mean? 8 A. Eugene, myself, members of the Church 9 Universal and Triumphant and Mr. David 10 Butterworth. 11 Q. And that is the same Mr. David 12 Butterworth we have been talking about? 13 A. That's correct 14 (Defendant's Exhibit-No. 56 15 was marked for identification and is 16 bound separately.) 17 BY MR. BERRY: 18 Q. Turning now to Exhibit-57, what is 19 Exhibit-57? 20 A. This is a letter I sent to Priscilla 21 Coates, Glendale, California, dated January 4, 22 1992. 23 Q. Is that your signature at the bottom 24 of the page? 25 A. That's correct. 0111 1 (Defendant's Exhibit-No. 57 2 was marked for identification and is 3 bound separately.) 4 BY MR. BERRY: 5 Q. And Exhibit-58, what is that? 6 A. Is a letter I sent to Adrian Greek 7 dated February 12th of '91 with the first 8 paragraph of Page 7 of Szimhart's search warrant. 9 And which I thank him for helping in his part 10 leading to the arrest of Mr. Szimhart. 11 Q. Was anything else -- withdrawn. To 12 your knowledge, was anything else done with this 13 letter? 14 A. Well, this -- the copy of this letter 15 is Gwen Mayfield's copy. If you notice at the top 16 it is marked "Gwen" underlined. It is a copy I 17 provided to Gwen Mayfield. 18 Q. Who is Gwen Mayfield? 19 A. At that time she was the director of 20 the Office of Special Affairs, Church of 21 Scientology in Portland. 22 Q. And do you know -- sorry, withdrawn. 23 Do you have any knowledge as to any subsequent 24 history of this document? 25 A. I am sorry, I don't understand your 0112 1 question. 2 Q. Do you have any understanding or 3 knowledge as to whether anything else was 4 subsequently done with this document? 5 A. Yes. 6 Q. What is that knowledge? 7 A. There was a book released on new age 8 cults which made a reference to a counselor by the 9 name of Joseph Szimhart which could be contacted, 10 and we, and I am speaking now of the Church of 11 Scientology, Office of Special Affairs, and I 12 actively tried to incriminate Mr. Szimhart in his 13 hometown of Santa Fe, New Mexico. And also in the 14 body of the search warrant is a comment made by 15 whoever drafted the search warrant that a tape had 16 been confiscated from Mr. Szimhart in which 17 Szimhart labels the Catholic church much as a 18 destructive cult. And because the book that 19 listed Mr. Szimhart as counselor was written by a 20 Jesuit priest in Chicago, we tried to have this 21 priest sensored for listing Joe Szimhart and 22 trying to drive a wedge between the publisher and 23 Mr. Szimhart. 24 Q. What document are you referring to? 25 A. I am referring to Page 6 of 0113 1 Exhibit-56, second paragraph. 2 Q. What was the purpose of this 3 operation? 4 A. To destroy the credibility of Joseph 5 Szimhart. 6 Q. And who is Joseph Szimhart? 7 A. Joseph Szimhart is a deprogrammer. 8 Q. And do you have any knowledge as to 9 why the Office of Special Affairs was trying to do 10 that? 11 A. Because the Office of Special Affairs 12 as one of its major campaigns is to discredit 13 deprogramming and discredit anyone that counsels 14 victims of cults, including ex-Scientologists. 15 (Defendant's Exhibit-No. 58 16 was marked for identification and is 17 bound separately.) 18 BY MR. BERRY: 19 Q. Exhibit-58, what is that? 20 A. Exhibit-58? 21 Q. Did you have anything else to tell me 22 about Exhibit-58? 23 A. Did we do 58? 24 Q. No. Do you have anything to add? 25 A. Only that this letter was on the -- 0114 1 Q. You are looking at 57. 2 A. You asked me if you have anything 3 else to add. 4 Q. Referring to Exhibit-57, do you have 5 something else to add regarding the origin of 57? 6 MR. WEINER: Counsel, if you want to make 7 the same statement with all these documents, 8 that's fine. We don't have to do them 9 individually. 10 BY MR. BERRY: 11 Q. Were you wanting to tell me something 12 about David Butterworth and exhibit -- 13 A. Only that this letter was intended to 14 intimidate and harass Ms. Coates. 15 Q. Intended by whom? 16 A. By David Butterworth and Eugene 17 Ingram. 18 Q. Now, we dealt with Exhibit-58. 19 Turning now to Exhibit-59, what is 20 Exhibit-59? 21 A. This is a letter which was drafted by 22 myself, David Butterworth and Gwen Mayfield as a 23 follow-up to the January '92 letter to ministers 24 in the Ecumenical Ministers of Oregon. 25 Q. The January '92 that you are 0115 1 referring to, Exhibit-49? 2 A. That's correct. 3 Q. So Exhibit-59 is a follow-up to 4 Exhibit-49. It is a three-page document; is that 5 correct? 6 A. That's correct. 7 (Defendant's Exhibit-No. 59 8 was marked for identification and is 9 bound separately.) 10 BY MR. BERRY: 11 Q. Exhibit-60, what is Exhibit-60? 12 A. 60 is a letter that I received from 13 Sheryl Graf on February 29 of '92. 14 Q. Or thereabouts? 15 A. It is dated February 29, 1992. 16 (Defendant's Exhibit-No. 60 17 was marked for identification and is 18 bound separately.) 19 BY MR. BERRY: 20 Q. Turning now to the second volume of 21 exhibits before you. What is Exhibit-61? 22 A. In reflection of the earlier 23 statements I made in regards to the search 24 warrant, this was the actual letter that was sent 25 to the publisher of the book that listed Joe 0116 1 Szimhart as a referral for counseling. 2 Q. Now, Exhibit-61 is a six-page letter, 3 a six-page document, correct? 4 A. Right. 5 Q. Is that your signature on the second 6 page? 7 A. It is. 8 Q. And then there is a four-page 9 document, Pages 3, 4, 5 and 6. What is that? 10 A. Page 3 is the photocopy of the front 11 of the book that we are referring to. 12 Q. And the next page? 13 A. Is the back copy of the book which we 14 are referring to which lists autobiographical 15 information. 16 Q. And the next page? 17 A. Is another recommended book, and it 18 has an asterisk Reverend James LeBar, who is an 19 adviser in the Cult Awareness Network. 20 Q. What is the significance of that 21 asterisk, if any? 22 A. Only that in addition to 23 Mr. Szimhart, who was a member of the Cult 24 Awareness Network, that Reverend James LeBar is 25 also a member of the Cult Awareness Network. 0117 1 Q. Did you ever come into any -- 2 withdrawn. Did you ever obtain other information 3 relating to Mr. LeBar? 4 A. I had a conversation with Mr. Ingram 5 about Mr. LeBar. 6 Q. And what did you learn if anything, 7 in that conversation -- withdrawn. Do you recall 8 when that conversation was? 9 A. I don't remember the specific date, 10 but it occurred shortly after the televised 11 exorcism on 20/20 in which Father James LeBar was 12 one of the exercising priests. 13 Q. Was anything said in that 14 conversation regarding Father James LeBar? 15 A. That it -- the victim that was 16 exorcised had a long history of psychiatric 17 illness and that Father LeBar and Eugene referred 18 to as a dink, D I N K. 19 Q. Did Mr. Ingram give any basis for 20 that reference? 21 A. He stated that he went to New York -- 22 Q. Who is "he"? 23 A. Eugene Ingram went to New York and 24 visited James LeBar, and Mr. LeBar didn't know who 25 he was. And they got into a discussion about 0118 1 Scientology. And Father LeBar told Eugene what 2 his opinion of Scientology was. And then Eugene 3 basically laid it on him and told him that I was 4 working for Scientology, and LeBar freaked out and 5 left the area and wouldn't have anything to do 6 with him. But I don't recall the specific time he 7 said he did this. 8 Q. And what is the next page? 9 A. Next page, this is the reference 10 section of that book which lists the Center for 11 Christian Information. It doesn't make any 12 direct -- it doesn't list Mr. Szimhart directly. 13 However, David Butterworth informed me that Joseph 14 Szimhart worked with the Center for Christian 15 Information and that Mr. Szimhart could be 16 contacted at this address. 17 MR. WEINER: Objection to the response. 18 Nonresponsive. 19 THE WITNESS: And there is a lot of history 20 we could talk about later about this, which is not 21 nonresponsive. 22 MR. WEINER: Same objection. And I will 23 incorporate the tail end of this nonresponsive 24 response to that objection. 25 THE WITNESS: Idiot. 0119 1 (Defendant's Exhibit-No. 61 2 was marked for identification and is 3 bound separately.) 4 BY MR. BERRY: 5 Q. Exhibit-62, what is that? 6 A. February 29 letter to me from the 7 director of the Ecumenical Ministers of Oregon in 8 response to the January letter that I sent to 9 members of the Ecumenical Ministers. 10 Q. Was that your January letter? 11 A. This was a letter which I had already 12 stated on the record was a creation of both 13 myself, David Butterworth and Gwen Mayfield. 14 Q. And do I understand you to be saying 15 this is a response you received? 16 A. This is a response I received from 17 Rodney Page, who is the director of the Ecumenical 18 Ministers. 19 Q. And this is actually his two letters 20 here. 21 A. That's correct. The third and fourth 22 page reflects a letter that I sent to Reverend 23 Page in response to this top letter dated February 24 29th. And it bears my signature. 25 (Defendant's Exhibit-No. 62 0120 1 was marked for identification and is 2 bound separately.) 3 BY MR. BERRY: 4 Q. Exhibit-63, what is Exhibit-63? 5 A. This is a copy of a letter that 6 Eugene Ingram sent to Alana Arnold with the 7 criminal investigation division of the Internal 8 Revenue Service in Chicago in March of '92. And 9 it refers to me in the body of the letter. 10 Q. Is that a three-page letter? 11 A. It is. 12 Q. Are you familiar with Mr. Ingram's 13 signature? 14 A. Yes, I am. 15 Q. Does that appear to be his signature 16 on Page 3? 17 A. Yes, it is. 18 Q. How did you come to be in possession 19 of this letter? 20 A. Because Mr. Ingram advised me that he 21 was going to be sending out a hoard of letters to 22 various agencies, that he would make photocopies 23 for me so that I could follow up with letters of 24 my own to substantiate his letters. 25 Q. By that response you mean that 0121 1 Mr. Ingram sent you this? 2 A. Yes, he did. 3 (Defendant's Exhibit-No. 63 4 was marked for identification and is 5 bound separately.) 6 BY MR. BERRY: 7 Q. Exhibit-64, what is Exhibit-64, which 8 is a two-page letter? 9 A. This is a letter I sent to Sheryl 10 Graf on March 10th of '92 with my signature. 11 Q. Why did you send this letter to 12 Sheryl Graf? 13 A. I was instructed to send this letter 14 by Gwen Mayfield, who had received information 15 that Sheryl was considering the possibility of 16 moving back to Portland, Oregon and reestablishing 17 relationships with her parents. And I was 18 instructed to do what I could to drive a wedge in 19 the relationship between Sheryl and her parents on 20 the basis of earlier activities by her parents to 21 have her deprogrammed out of the Unification 22 Church. 23 Q. Do you have an understanding of why 24 this wedge was to be driven? 25 A. Yes. 0122 1 Q. What is that understanding? 2 A. It has been a long-time scheme of the 3 Church of Scientology to do anything they can to 4 destroy the integrity of Adriana and Anne Greek, 5 who they consider responsible for a lot of the 6 heat that Scientology has received over the years 7 in Portland, Oregon. 8 (Defendant's Exhibit-No. 64 9 was marked for identification and is 10 bound separately.) 11 BY MR. BERRY: 12 Q. Exhibit-65, what is Exhibit-65? 13 A. This is a letter I sent to Cynthia 14 Kisser, executive director of the Cult Awareness 15 Network, on March 15 of '92 asking her that she 16 renew my membership in the Cult Awareness 17 Network. And this letter again was an operation. 18 Q. What do you mean it was an operation? 19 A. I had received communications from 20 David Butterworth and Eugene Ingram that one way 21 to destroy the Cult Awareness Network was to do it 22 from the inside out. And that Phillip Hart in a 23 deposition taken of Cynthia Kisser in this man's 24 lawsuit against the Cult Awareness Network, that 25 she had stated that the only means of becoming a 0123 1 member of the Cult Awareness Network was to pay 2 $30 and that Butterworth had instructed a number 3 of individuals within the church to send $30 and a 4 request for membership to the Cult Awareness 5 Network and that I should do the same. 6 So I sent the $30 and asked for her 7 to reinstate me in the Cult Awareness Network. 8 MR. WEINER: Can I hear the question back, 9 please. 10 (The pending question was read.) 11 MR. WEINER: Thank you. 12 BY MR. BERRY: 13 Q. Now, what happened to the $30, if you 14 know? 15 A. The $30 -- I received a canceled 16 check for the $30 but no correspondence whatsoever 17 from Cynthia Kisser or anyone in the Cult 18 Awareness Network. 19 Q. Was it your own $30 that you spent on 20 this to the Center? 21 A. It was my $30; however, I provided a 22 copy of the check that I was sending to the Cult 23 Awareness Network to Eugene Ingram and he 24 reimbursed me for $30. And it is my understanding 25 in my contacts with Eugene Ingram being a paid 0124 1 employee of Bowles & Moxon that Bowles & Moxon 2 reimbursed him for all expenses that he paid me 3 for 4 (Defendant's Exhibit-No. 65 5 was marked for identification and is 6 bound separately.) 7 BY MR. BERRY: 8 Q. Turning your attention to Exhibit-66, 9 what is Exhibit-66? 10 A. This is -- as I have said on record 11 before, this Exhibit-66 substantiates the 12 complaint filed by Eugene Ingram which is noted in 13 Exhibit-63. And the content of the letter 14 basically substantiates the information that 15 Eugene Ingram makes in his complaint against the 16 Cult Awareness Network to the IRS. 17 Q. Did you send Exhibit-6 -- sorry. 18 Withdrawn. 19 Did you cause Exhibit-66 to be 20 mailed? 21 A. I don't understand what you are 22 asking me. 23 Q. Did you mail Exhibit-66 to 24 Ms. Arnold? 25 A. I did mail it to Ms. Arnold, yes. 0125 1 Q. Did you prepare Exhibit-66? 2 A. Yes, I did. 3 Q. Did you prepare it by yourself? 4 A. I had the cooperation of Gwen 5 Mayfield on this letter. 6 MR. WEINER: Objection -- 7 THE WITNESS: Any letter that I sent to any 8 agency whereby Eugene Ingram had prior contact, I 9 always had to have the approval of David 10 Butterworth. So any time I wrote a letter to 11 substantiate Mr. Ingram, I always faxed these 12 letters down from the Mission of Davis to 13 Mr. Butterworth, and then Mr. Butterworth would 14 call me as to whether it was an approved letter or 15 changes had to be made. 16 And he also said that he was required 17 to run the letters by Mr. Bowles or one of the 18 other legal staff to make sure that there was 19 nothing in the letter that could be construed as 20 slanderous or defamation. 21 MR. WEINER: Objection to that long 22 narrative. It is nonresponsive. Lack of 23 foundation. 24 BY MR. BERRY: 25 Q. Was anyone else involved in the 0126 1 creation of Exhibit-66? Anyone other than you 2 and -- 3 A. I was told by Mr. Ingram and 4 Mr. Butterworth that any time a letter was -- 5 MR. BERRY: Off camera. 6 VIDEO OPERATOR: Off the record. 7 (Recess taken.) 8 VIDEO OPERATOR: Back on the record. The 9 time is 2:30 P.M. 10 MR. BERRY: We are back on the record 11 following a phone call from the magistrate judge's 12 clerk with reference to the matters that we 13 discussed this morning. 14 Could you please read back the last 15 question where we were interrupted. 16 (Record read.) 17 THE WITNESS: -- was to be sent out to any 18 agency it needed to be sent to them first for 19 approval because David Butterworth needed to take 20 the letter to Bowles & Moxon and clear it with 21 them to make sure that there was nothing in the 22 content of the letter that could result in a 23 lawsuit against Bowles & Moxon. 24 BY MR. BERRY: 25 Q. If I recall your testimony, you said 0127 1 that David Butterworth was involved in the 2 creation of Exhibit-66; is that correct? 3 A. That's correct. I would write the 4 letter, send it to him and he would add what he 5 felt needed to be added and we molded it into a 6 letter which then had to be approved by not only 7 Ingram and Butterworth but also Bowles & Moxon 8 just to make sure it was legally acceptable. 9 Q. Was anyone else other than 10 Butterworth -- withdrawn. Was Ingram involved in 11 the creation of Exhibit-66 then? 12 A. Only that he had to approve it before 13 I sent it. The reason being is that Ingram wanted 14 me to be perceived as a witness and a disgruntled 15 Cult Awareness Network member and so the letter 16 had to reflect a content which would convince the 17 person that read this that I was a victim versus 18 someone that was angry at the Cult Awareness 19 Network and that's why I was writing the letter. 20 So Ingram made his suggestions and disputed what 21 he felt should be taken out of the letter. David 22 Butterworth did this editing and it was taken to 23 Bowles & Moxon to see if there was anything in 24 here which could be construed as slanderous. 25 Q. Do you have any understanding as to 0128 1 if Mr. Ingram wanted you to be perceived as a 2 victim? 3 A. Definitely. 4 Q. What is your understanding? 5 A. Mr. Ingram made it very clear that if 6 anyone knew the truth about my association with 7 the Church of Scientology given that the Church of 8 Scientology has no credibility in the eyes of some 9 of the public and particularly the media, that it 10 would really hurt me. But if I came across as a 11 suffering witness we would be able to accomplish a 12 lot more in that scheme than simply coming out and 13 being honest about it. 14 MR. WEINER: Objection, lack of foundation. 15 And nonresponsive. 16 BY MR. BERRY: 17 Q. Was Exhibit-66 -- withdrawn. What 18 was the purpose of Exhibit-66? 19 A. 66 was to support Eugene Ingram's 20 letter which had been written earlier and -- 21 Exhibit-63 -- and it was to seek an investigation 22 by the Internal Revenue Service into the 23 activities of the Cult Awareness Network with the 24 desired result that the Cult Awareness Network 25 would cease to function. 0129 1 Q. Was anyone else involved in this 2 letter or similar types of letters? 3 A. Eugene Ingram informed me that he had 4 attempted very strongly to get Jonathon Norchris 5 involved but that Jonathon Norchris did not want 6 to be involved in this specific campaign. 7 Q. And what was the specific -- 8 MR. WEINER: Objection to the form of that 9 response. 10 THE WITNESS: But Jonathon -- 11 MR. WEINER: Nonresponsive. 12 THE WITNESS: Jonathon Norchris is also 13 referred to in the body of the letter as a former 14 member of the Cult Awareness Network, as I was. 15 And refers to both of our declarations, which 16 Mr. Ingram himself created. 17 BY MR. BERRY: 18 Q. Now, you referred to a campaign. 19 What did you mean by that? 20 A. It was another operation against the 21 Cult Awareness Network to incriminate without 22 merit the Cult Awareness Network. 23 Q. And who conducted this operation? 24 A. The Office of Special Affairs in 25 coordination with Bowles & Moxon, in coordination 0130 1 with Eugene Ingram and a number of other 2 individuals that have worked with us. Dr. George 3 Robertson and a slew of other individuals who 4 wanted to see the Cult Awareness Network cease to 5 exist. 6 Q. Did you actually hear people say that 7 they wanted the Cult Awareness Network to cease to 8 exist? 9 A. On many occasions. Many occasions, 10 yes. 11 Q. And were these people within the 12 Office of Special Affairs? 13 A. Office of Special Affairs. Also at 14 Bowles & Moxon. And various Scientology entities 15 throughout the United States that I had contact 16 and association with. 17 (Defendant's Exhibit-No. 66 18 was marked for identification and is 19 bound separately.) 20 BY MR. WEINER: 21 Q. Turning to Exhibit-67, what is 22 Exhibit-67? 23 A. This was a document that 24 Mr. Butterworth asked me to prepare in response to 25 a campaign against Adrian and Anne Greek with the 0131 1 intention of putting them out of business. It 2 refers to a kidnapped deprogramming that I was 3 involved in in 1983 and the letter is dated April 4 7th. It refers to Jim Boland. And it is my 5 recollection of the events of that deprogramming. 6 Q. It is a 17-page document, correct? 7 A. That's correct. Mr. Butterworth 8 asked me to take it chronologically day by day. 9 Q. And so the letter or the document you 10 prepared is the first 10 pages; is that correct? 11 A. That's correct. 12 Q. And what are the remaining pages of 13 that Exhibit-67? 14 A. Mr. Boland had been a victim of sex 15 abuse by his parish priest and Mr. Butterworth 16 asked me to go to the County Court House and to 17 retrieve the records of that criminal action. And 18 these are copies, court copies of that. 19 Q. So taking it page by page from Page 20 11, can you describe each page very briefly? 21 A. The first page is the petition that 22 this priest signed entering a plea of guilty in 23 that case. The second page is a continuation of 24 this plea in which the priest, Thomas Laughlin, 25 signs as well as his attorney. And this next one 0132 1 I cannot specifically say what it is. I am not a 2 lawyer. But it is a legal document and it refers 3 to the counts of sexual abuse against Mr. Boland. 4 And then the next document refers to 5 a judgment and probation order, I guess it is the 6 sentencing of this priest. The next page follows 7 that. And then there is some documentation from a 8 legal office regarding the client, Thomas 9 Laughlin. 10 Q. You referred to a campaign earlier in 11 your response to my questions regarding 12 Exhibit-67. What did you mean by campaign? 13 A. Because it was felt that in addition 14 to being an operative for the Church of 15 Scientology in Los Angeles working directly with 16 David Butterworth that I needed to work also on a 17 local level and do all I can to destroy the 18 efforts of Adrian and Anne Greek and their cult 19 education activities. And because Adrian and Anne 20 Greek were so well known and well respected within 21 the Cult Awareness Network being that Adrian had 22 been one of the original founders of the 23 organization later to be known as the Cult 24 Awareness Network, that it would be a great move 25 on our part to be able to destroy them. It would 0133 1 be a feather in our cap, so to speak. 2 And this was part of that campaign 3 because Anne Greek was integrally involved in 4 Mr. Boland's deprogram. 5 Q. Whose campaign was this? 6 A. This was a campaign that originated 7 out of the Office of Special Affairs in 8 Los Angeles. 9 Q. The first nine pages of this document 10 are a declaration. 11 The phone is ringing again. Perhaps 12 we can go off camera. 13 VIDEO OPERATOR: Off the record. The time 14 is 2:41 P.M. 15 (Discussion off the record.) 16 VIDEO OPERATOR: Back on the record. The 17 time is 2:41 P.M. 18 BY MR. BERRY: 19 Q. Did you prepare Exhibit-67 by 20 yourself? 21 A. Yes. This is a reconstruction of the 22 events that I recall them to be. 23 Q. Did you prepare more than one draft 24 of this document? 25 A. No. The reason that this document 0134 1 was prepared specifically was that Mr. Butterworth 2 informed me that Eugene was going to come to 3 Portland, Oregon at a later date and interview Jim 4 Boland and get a declaration from him directly. 5 And so he just wanted some background information 6 which would have helped Mr. Ingram be able to 7 question Mr. Boland on a better level. 8 Q. Are the contents of this declaration 9 true and correct? 10 A. As I recall the -- yes, as I recall, 11 that's correct. Later I spoke with Mr. Boland 12 because Mr. Boland himself prepared a declaration 13 and there were just a few incidents that we 14 disagree on about what happened. 15 (Defendant's Exhibit-No. 67 16 was marked for identification and is 17 bound separately.) 18 BY MR. BERRY: 19 Q. Turning your attention now to 20 Exhibit-68, was that -- what is that document? 21 A. This is a declaration which was based 22 upon an interview of an investigator by the name 23 of John Gaw who works for or does work for 24 Bowles & Moxon. Mr. Butterworth informed me that 25 Eugene was unavailable to come to Portland to fake 0135 1 Mr. Boland's declaration so John Gaw did it. The 2 declaration shows Mr. Boland's signature as well 3 as John Gaw to the right of the second page. 4 Q. Have you seen Mr. Boland's signature 5 before? 6 A. No, I have never seen his signature 7 before. I did speak with Mr. Boland, however, and 8 he noted some discrepancies, which we can talk 9 about later. 10 (Defendant's Exhibit-No. 68 11 was marked for identification and is 12 bound separately.) 13 BY MR. BERRY: 14 Q. Turning your attention to Exhibit-69, 15 what is that document? 16 A. This is the actual declaration of Jim 17 Boland which Mr. Gaw helped him with and which 18 Mr. Boland signed. Unlike the Exhibit-68, 68 19 addresses differences that Mr. Boland -- because 20 Mr. Boland was shown a copy of my declaration and 21 he noted in Exhibit-68 some differences of opinion 22 about what happened. 23 Exhibit-69 is his own recollection of 24 the deprogramming and what occurred. 25 Q. Now, with regard to what you just 0136 1 told me about Exhibit-69, what is the basis of 2 your knowledge? 3 A. The basis of my knowledge on 69 is 4 that John Gaw came to Portland. Initially I was 5 told by Mr. Butterworth that Eugene was going to 6 come to Portland, meet with me and we would both 7 go to Mr. Boland and talk with him. It was like 8 the end of April of '92 that I was speaking to 9 Mr. Butterworth, who informed me that he enjoyed 10 what he read in Mr. Boland's declaration. And I 11 asked him, "What do you mean? I didn't know that 12 Mr. Ingram came to Portland already and did it. 13 You told me that he was going to come and see me 14 first." 15 Then I found out that despite earlier 16 proclamations that the money was not available yet 17 for Mr. Boland to come to Portland to do this, 18 they had in fact lied to me and gotten this 19 declaration through John Gaw. 20 Q. When you say "you," who are you 21 referring to? 22 A. I am sorry? 23 Q. Were you -- was the word "you" 24 referring to David Butterworth? You said that -- 25 A. I don't understand what you mean, 0137 1 "you." 2 Q. In your answer you referred to "you 3 had told me," was that referring to David 4 Butterworth? 5 A. That's correct. My conversation with 6 David Butterworth. David had lied to me. 7 Q. And when you said "they had lied to 8 me," who were you referring to? 9 A. David Butterworth and Gene Ingram. 10 Q. Do you have any understanding as to 11 the purpose of having Exhibit-68 and 69 prepared? 12 A. Yes. This was to seek some kind of 13 substantial incrimination upon the Greeks because 14 of their role in this deprogramming. Mr. Boland 15 advised me that he truly did feel that he suffered 16 as a result of his experience because the only 17 problem he had with his parents at the time he 18 underwent this deprogramming was the fact that he 19 had been sexually abused by his Catholic priest. 20 That the Catholic church chose to ignore the 21 situation. And he felt that the church was 22 wanting to protect the priest more than him and 23 that his parents being devoted Catholics simply 24 wanted to ignore the fact that this abuse took 25 place. And it was through a number of personal 0138 1 events in his life that he became a born-again 2 Christian and joined a church, a fundamentalist 3 church which had a negative view toward 4 Catholicism that caused some estrangement with his 5 parents. 6 And his parents, at least in the mind 7 of Mr. Boland, was trying to force Mr. Boland to 8 return to Catholicism and attempted to use the 9 counseling services of Anne Greek to reinforce 10 that decision. 11 Q. Was that childhood abuses anything 12 that you could personally relate to? 13 A. Yes. 14 Q. Why was that? 15 A. Because I was sexually abused by a 16 school teacher in the 7th grade and my mother, who 17 was a very close friend of the school teacher, 18 chose to ignore the situation, pretend like it 19 didn't happen and even threatened to punish me if 20 I told anyone about it. 21 Q. How did you obtain your understanding 22 as to the purpose behind the Boland declarations? 23 A. Again, the purpose of this 24 declaration was to bring recrimination on the 25 Greeks for their role in this deprogramming which 0139 1 Mr. Boland and even, as I have stated on the 2 record, I felt was totally unjustified. 3 Q. And how do you know that that was the 4 purpose? 5 A. I don't understand what you are 6 asking me. 7 Q. How did you come to know that? Did 8 someone tell you that? 9 A. Would you ask the question again? I 10 don't know what you are talking about. 11 Q. Referring to the purpose of the 12 Boland declarations being to discredit the Greeks, 13 how do you know that that was the purpose? Did 14 someone tell you that? 15 A. It was part of the operation of which 16 I was involved with Mr. Butterworth, Mr. Ingram 17 and Gwen Mayfield. This was to bring 18 incrimination on the Greeks. That's why not only 19 did Mr. Boland do the declaration, I did the 20 declaration talking about it. 21 Q. When you referred to "I did the 22 declaration," you are referring now to Exhibit-67? 23 A. That's correct. 24 Q. So Exhibit-67, 68 and 69 are all part 25 of this same OSA operation; is that correct? 0140 1 A. That's correct. 2 (Defendant's Exhibit-No. 69 was 3 marked for identification and is bound 4 separately.) 5 BY MR. BERRY: 6 Q. Turning now to Exhibit-70, what is 7 Exhibit-70? 8 A. This is a letter that I sent to 9 Reverend John Kerns, and I believe I have 10 testified to this on record already. He is the 11 vocational director for the archdiocese of 12 Portland. This is a letter that I sent to him 13 relating a series of events in my life. Some of 14 them were true and some of which were not true 15 which I sent out of anger for a number of people. 16 And I sent a copy of this letter to Gwen Mayfield, 17 and after being confronted by Mr. Ingram later 18 that year it was obvious that a copy of this 19 letter made its way down to David Miscavig, and 20 Mr. Ingram showed me a copy of the letter and 21 showed me the back page of the letter, which is 22 not real clear on my copy, but underneath the 23 typewritten name of Bob Burns someone has penciled 24 Dave Miscavig and it looks like a word after that 25 but I can't read it. 0141 1 Q. And who is Dave Miscavig? 2 A. Dave Miscavig is the chairman of the 3 Religious Technology Center and whom we all know 4 is in control, in charge of the Church of 5 Scientology International. 6 Q. Is the Religious Technology Center 7 somehow involved with Scientology? 8 A. Yes, it is. 9 Q. Have you ever met Mr. Miscavig? 10 A. I met him once in December of '91. 11 Q. Have you ever spoken to Mr. Miscavig 12 on any other occasion? 13 A. Yes, I have. 14 Q. And when was that? 15 A. I don't remember the specific date, 16 but Mr. Miscavig appeared on Nightline with Ted 17 Koppel, and I received a phone call from David 18 Butterworth asking me to call Mr. Miscavig in 19 New York and to basically praise him for his role 20 in interviewing Mr. Koppel. 21 Q. You mean the other way around? 22 A. Mr. Koppel interviewing him; that's 23 correct. 24 MR. WEINER: Any way you need to get your 25 testimony out, Counsel. 0142 1 THE WITNESS: And I remember questioning 2 Mr. Butterworth about this at the time because I 3 was talking to him. It was like twelve o'clock to 4 one o'clock in the morning when he called me. And 5 he said call him now. And I recall stating that 6 to call New York from Portland there was a 7 three-hour time difference and it would be like 8 early A.M. in New York and I was instructed to do 9 so. 10 So I contacted Mr. Miscavig and it 11 was around 4:30, 5:00 o'clock in the morning when 12 I talked with him. It was very short. I heard a 13 lot of background noise and it sounded like a lot 14 of other things were happening, but I told him he 15 was wonderful and he did a great job and I 16 applauded him. 17 Q. Exhibit-70 is a seven-page document, 18 correct? 19 A. The same thing we just talked about. 20 Yes. 21 Q. On Page 7 there is a signature 22 two-thirds down the page. Whose signature is 23 that? 24 A. That is my signature 25 (Defendant's Exhibit-No. 70 0143 1 was marked for identification and is 2 bound separately.) 3 BY MR. BERRY: 4 Q. What is Exhibit-71? 5 A. 71 are copies of receipts of courses 6 and counseling that I paid to the Church of 7 Scientology, including one receipt where I paid 8 $2,001 in cash for the purification rundown course 9 for 24 hours of assist processing and membership 10 to the International Association of 11 Scientologists. 12 Q. What is the International Association 13 of Scientologists, as far as you know? 14 A. International Association of 15 Scientologists is like a Fraternal Organization of 16 Scientologists. 17 Q. And what is a purification rundown? 18 A. Purification rundown explained to me 19 was that because I had suffered a lot of problems 20 in the past, not only in a dysfunctional setting 21 with my parents, but I was moody, I had asthma, 22 and I had a lot of allergies, that the 23 purification rundown could cure me of my asthma 24 and of my allergies. And that the reason for 25 feeling depressed and feeling moody had a lot to 0144 1 do with the toxins that were in my body and the 2 purification rundown would rid me of those toxins 3 so I would be on a more alert level to communicate 4 and to basically succeed in any of the courses 5 that I took. 6 Q. Did you actually do the course? 7 A. I did not. I had a work conflict at 8 the time. I did ask for a refund, and the church 9 thus far has ignored all of my requests to have my 10 money refunded to me. 11 Q. And what about assist processing, 12 what is that? 13 A. I was injured in an automobile 14 accident in November of '91. I was directed to a 15 chiropractor who was a member of the Church of 16 Scientology who became my primary physician. And 17 Gwen Mayfield told me that in addition to my 18 chiropractic care that assist processing could 19 help me a great deal. And assist processing 20 follows on the belief that the touch of one's 21 finger can assist a person in the cure of an 22 ailment and a cure of the pain because I was in a 23 lot of pain in my back and my neck. 24 Q. Did you complete that course? 25 A. I had approximately three sessions of 0145 1 assist processing. But that was it. 2 Q. Now, we have so far been talking 3 about what appears to be income invoice PS1209 at 4 the bottom of the page, which is Exhibit-71. 5 There are two invoices or these documents at the 6 top of that page, 7148 and 7149. Turning your 7 attention to 7148 dated 25 May 29, what is that 8 all about? 9 A. This reflects two extension courses 10 that I was taking from the Mission of Davis. 11 Q. So what was the first one "NsonL 12 excise"? 13 A. The "ex" that you are referring to, 14 that was "excise" means extension course. And I 15 don't even recall what those were for. So much 16 was happening at that time. 17 Q. And the 7149 at the right of the 18 page, what is that about? 19 A. Well, I recall that number two I was 20 advised by Mr. Butterworth that I needed to reread 21 and redo a course on Scientology ethics. And 22 No. 2 refers to Introduction to Scientology 23 Ethics. 24 Q. Is the ethics a word that has any 25 particular special significance in Scientology? 0146 1 A. From what I know, ethics is like any 2 other ethics except as it is only applied to the 3 benefit of Scientology. 4 Q. And what do you mean by that? 5 A. Meaning that you can act and do 6 something in a very ethical manner but it remains 7 nonethical unless it is for the benefit of 8 Scientology. And then we -- that gets into the 9 TRL's and the witness Hatting, H A T T I N G. 10 Q. I think we will come to TRL's later 11 but what is TRL? 12 A. TRL is a training routine line. 13 (Defendant's Exhibit-No. 71 14 was marked for identification and is 15 bound separately.) 16 BY MR. BERRY: 17 Q. Turning your attention to Exhibit-72 18 what is that document? 19 A. This document is a letter from Rick 20 Ross dated June 4, '92. Rick Ross is a 21 deprogrammer. 22 Q. Exhibit-72 is actually a number of 23 different documents. 24 A. That's correct. 25 Q. Could you go through them for the 0147 1 benefit of Mr. Weiner here and tell us what each 2 one is. 3 A. If I start with the third document, 4 which is chronological. 5 In May of '92 I along with another 6 church member by the name of Sam Demeter and other 7 church members attended a cult education forum in 8 Oregon, and the purpose of attending this forum 9 was to disrupt it and to challenge their 10 itinerary, which was to include a young man who 11 had been kidnapped and deprogrammed by Rick Ross. 12 This individual, Tyson Scott, was a member of a 13 church, United Pentecostal Church, and following 14 the deprogramming recanted his membership in the 15 church. Along with me and Sam Demeter and members 16 of the Church of Scientology was Jason Scott, who 17 had also been deprogrammed at the hands of Rick 18 Ross but did not recant his faith in the church, 19 and Jason accompanied us in the company of members 20 of his church including his pastor. And the 21 purpose was to go down there and challenge 22 statements made which provided positive outlook on 23 deprogramming as a viable form of counseling and 24 to chastise Tyson Scott and to basically disrupt 25 the forum. 0148 1 Q. Whose purpose was for that? 2 A. This was provided to me by David 3 Butterworth in a phone call and I worked directly 4 with Gwen Mayfield on this. It was Gwen Mayfield 5 who assisted me in creating the May 17, 1992 press 6 release. 7 Q. So was this somehow involved with 8 OSA? 9 A. Yes, it is. David Butterworth was 10 the one that first told me about this operation 11 and David was the director of OSA in Los Angeles. 12 Q. And just so we don't have any 13 misunderstanding, when we refer to OSA through 14 this deposition, are we referring to the Office of 15 Special Affairs of the Church of Scientology 16 International? 17 A. We are referring to the Office of 18 Special Affairs, Church of Scientology 19 International, which is formerly known as the 20 Guardian's Office which the church and their 21 public relations has said no longer exists. 22 Going back to the first letter from 23 Rick Ross. Evidently someone at that conference 24 had taken a copy of my press release and sent it 25 to Rick Ross, and this is a response from Rick 0149 1 Ross basically threatening legal action against me 2 for comments I made in the letter and explaining 3 that some of the information I had was not 4 correct. And he sent me Page 2, which is an order 5 from the Superior Court of Washington whereby 6 charges against Mr. Ross had been dismissed 7 without prejudice and I spoke to at that time I 8 believe it was Aaron Mason at Bowles & Moxon about 9 the document. And he told me that Rick Ross was 10 kind of skirting the issue in his letter because 11 when something is dismissed without prejudice it 12 means that it can be refiled again. And that 13 David Butterworth was working on Jason Scott to 14 constantly hammer at the district attorney in the 15 Bellevue, Washington area to get him to reinstate 16 charges against Rick Ross. 17 Q. Jason Scott is referred to as a cc on 18 the last page of Exhibit-72, correct, above your 19 name? 20 A. I don't see that. 21 Q. The last page of Exhibit-72. The 22 next page. 23 A. That's correct. 24 Q. And did you substantially apply -- 25 A. This wasn't a cc to them. In the 0150 1 body of the press release, if you notice on Page 5 2 it says for more information on deprogramming you 3 can contact these individuals, and he is listed as 4 one of these individuals. 5 Q. You just mentioned Aaron Mason at 6 Bowles & Moxon. Does Jason Scott have a 7 connection with Bowles & Moxon? 8 A. I don't know that. I can't speak 9 (Defendant's Exhibit-No. 72 10 was marked for identification and is 11 bound separately.) 12 BY MR. BERRY: 13 Q. Turning your attention to Exhibit-73, 14 what is Exhibit-73? 15 A. 73 reflects an editorial which I 16 wrote at the request of David Butterworth because 17 if you notice the article succeeding, or actually 18 Page 2 of this exhibit is an article which talks 19 about this cult education forum and the fact of 20 four hecklers disruptiveness and that police were 21 called and I was told to set the record straight 22 because the information in this article was not 23 true. It was very biased. And there were a lot 24 of inconsistencies in the article. 25 So I contacted the editor of the 0151 1 McMinnville newspaper and asked for a rebuttal, 2 and she said I was welcome to send in an 3 editorial, which I did. And I also recall during 4 this time Gwen Mayfield contacting the newspaper 5 as well as Vickie Sherer from the Scientology Org 6 in Portland trying to retrieve a rebuttal. 7 Q. So in this regard in connection with 8 your OSA activities? 9 A. That's correct. Because the 10 newspaper article refers to four hecklers from the 11 Community Chapel of which this Carol Butler, whose 12 picture is shown in the article, was a member of. 13 And it was inconsistent because I wasn't a member 14 of the Community Chapel. But we were successful 15 in that operation in that we caused so much 16 disruption that Jason Scott was prohibited from 17 speaking, and also a gentleman who tended to be a 18 hot head anyway tried to physically eject Jason 19 Scott from the room. At which time I stood up and 20 threatened to kick the crap out of him if he laid 21 one finger on Jason Scott. 22 And at that time a number of the 23 women in the audience started getting hysterical 24 about the prospect of Jason Scott being physically 25 harmed by this gentleman. And it really reflected 0152 1 very poorly on the coordinators of the conference. 2 Q. Was this at the Oklahoma conference? 3 A. No. This was not even a conference. 4 It was a one-day cult education forum in April of 5 '92. 6 Q. Were you -- was OSA involved with 7 your presence there? Let me withdraw the 8 question. 9 When you said you disrupted the 10 meeting, was that in connection with OSA? 11 A. I was directed to do so by David 12 Butterworth, yes. Sam Demeter, who was a member 13 of the Church of Scientology in Portland, worked 14 with me and assisted me in the disruption. And in 15 fact I understood that a police officer was called 16 but that one of the members of the church who had 17 come up, and I don't recall her name, basically 18 smoothed things over with the police and said 19 there was no call for him to be there and he 20 left. There was no type of police altercation 21 which was suggested in this article. 22 Q. Who was Sam Demeter? 23 A. Sam Demeter is a member of the Church 24 of Scientology in Portland, Oregon who was 25 instructed by the Office of Social Affairs to do 0153 1 some operations against the Cult Awareness 2 Network. One of them was to plagiarize a letter 3 with the Cult Awareness Network letterhead stating 4 that he was the new affiliate director of the Cult 5 Awareness Network in Portland, Oregon and he sent 6 out various letters to various people to that 7 effect and in response to that the Cult Awareness 8 Network filed a lawsuit against him, and I 9 understand that some court proceeding has ruled 10 against Mr. Demeter in this case. 11 Mr. Demeter has also been in 12 Pasadena, California, with a group of other 13 scientologists in what was referred to as the 14 Reformed Cult Awareness Network in which they 15 represented themselves as members of the Cult 16 Awareness Network but were wanting to reform this 17 organization when in fact it was a Scientology 18 operation but they deliberately concealed that 19 fact. 20 Q. What do you mean they deliberately 21 concealed it? 22 A. No one within the Church of 23 Scientology including Sam Demeter has ever had the 24 consent or the permission of the Cult Awareness 25 Network to act on its behalf or act as a 0154 1 spokesperson or such by Mr. Demeter sending out 2 letters to various people with the Cult Awareness 3 letterhead, and his signature on the bottom of the 4 letter clearly shows that he committed fraud 5 because he was not provided the legal permission 6 to do such a thing. 7 Q. And was this somehow involved with 8 OSA? 9 A. Yes. It was an Office of Special 10 Affairs. Sam Demeter answers in the organization 11 to Vickie Sherer. Vickie Sherer is his terminal 12 in the Church of Scientology. He answers to her 13 and reports to her. Vickie Sherer is an assistant 14 to Gwen Mayfield in the Office of Special Affairs 15 in Portland, Oregon. On occasions when I was in 16 downtown Portland and I needed to get in contact 17 with David Butterworth and Gwen Mayfield was not 18 present at the Mission, I went down to the org and 19 I spoke with Vickie Sherer, who put me in contact 20 with Dave Butterworth. 21 Q. And by "organization" are you 22 referring to OSA and the Church of Scientology 23 International? 24 A. That is correct, and Los Angeles. 25 Q. What did you mean by the word 0155 1 "terminal"? 2 A. A terminal is the person that each 3 person is responsible to answering to as far as 4 getting direct -- getting directives from passing 5 on information. It is a line of communication. 6 Each person has a terminal that they pass 7 information to and any time they have a report to 8 make they pass it to that specific individual who 9 passes it on to another terminal and it goes up 10 like a chain of command. 11 David Butterworth was a person that I 12 was responsible to for passing on information. 13 Many times when I thought it was okay to pass 14 information on to Gwen Mayfield I found out 15 otherwise because I was chastised for doing so. 16 And it was made very clear to me that any time I 17 had any type of intelligence information that I 18 was to pass this on directly to David 19 Butterworth. And a system had been set up with 20 both David Butterworth and Eugene Ingram that any 21 phone calls that I made were reimbursed by 22 Bowles & Moxon through Eugene. Therefore, I was 23 constantly in contact with the Office of Special 24 Affairs, and if you were to look at my phone 25 records over the last year, you would see that I 0156 1 had almost daily contact with Mr. Butterworth at 2 the OAS in Los Angeles. 3 MR. WEINER: Objection to that narrative. 4 Notely without foundation. 5 THE WITNESS: It was pretty good, though. 6 BY MR. BERRY: 7 Q. Mr. Butterworth you said was your 8 terminal? 9 A. That's correct. 10 Q. He was above you on the command line 11 then, is that right? 12 A. That's correct. 13 (Defendant's Exhibit-No. 73 14 was marked for identification and is 15 bound separately.) 16 BY MR. BERRY: 17 Q. Exhibit-74, what is that document? 18 And if you turn your attention to the address, is 19 that a typo on the third line where it says Colt, 20 C O L T? 21 A. It is not. 22 MR. WEINER: Which question did you want him 23 to answer? 24 MR. BERRY: First of all, let me rephrase it 25 then. 0157 1 MR. WEINER: I think he has in mind what he 2 would like to say anyway. 3 MR. BERRY: Let me withdraw the question as 4 counsel suggests. 5 Q. What is Exhibit-74? 6 A. 74 is a satirical letter that I sent 7 at the insistence of Eugene Ingram with the 8 approval of David Butterworth, and it was 9 basically to chastise Cynthia Kisser in a very 10 humorous way but to do so, yet also slander them 11 in a manner that we felt would upset them. 12 Q. And who was Cynthia Kisser? 13 A. Cynthia Kisser is the executive 14 director of the Cult Awareness Network. In the 15 body of the letter she is referred to as Cynthia 16 Kisser-up princess of poop. 17 Q. Is that your signature at the bottom 18 of the page? 19 A. It is my signature. 20 (Defendant's Exhibit-No. 74 21 was marked for identification and is 22 bound separately.) 23 BY MR. BERRY: 24 Q. Turning your attention to Exhibit-75, 25 very briefly what is this document? 0158 1 A. This is an article which was 2 published in a Portland area newspaper on two 3 separate dates regarding Garry Scarff and his work 4 with the Friends of Freedom and that's it. And 5 this, too, has a lot of history behind it. 6 Q. We will come back to that later. 7 (Defendant's Exhibit-No. 75 8 was marked for identification and is 9 bound separately.) 10 BY MR. BERRY: 11 Q. And turning your attention to 12 Exhibit-76, what is that document? 13 A. This is a letter that I received from 14 the Internal Revenue Service in response to the 15 complaint that I sent to it against the Cult 16 Awareness Network. 17 (Defendant's Exhibit-No. 76 18 was marked for identification and is 19 bound separately.) 20 BY MR. BERRY: 21 Q. Exhibit-77? 22 A. It is a number of documents. 23 Q. Were they all attachments to the 24 first page of that exhibit? 25 A. Yes, they were. 0159 1 Q. Describe the first page and then we 2 will go through it document by document. 3 A. This is a letter with an enclosure of 4 an earlier complaint that I sent to the attorney 5 general's office in Chicago, Illinois asking that 6 charges be brought against the Cult Awareness 7 Network for refusing to admit me as a member of 8 the Cult Awareness Network and its ex-cult member 9 group called FOCUS, F O C U S, capital letters. 10 Q. Why did they refuse to admit you as a 11 member? 12 A. It was my understanding just in the 13 entirety of my experience with the Office of 14 Special Affairs that Cynthia Kisser refused to 15 admit anyone that was associated with the Church 16 of Scientology and felt legally able to do so. 17 Q. So is it your understanding that the 18 Cult Awareness Network or CAN, as it is often 19 called, knew of your association with 20 Scientology? 21 A. I believe they suspected it. I 22 wasn't knowledgeable until much later just how 23 much they knew of my association in Scientology, 24 but I suspected they did so at that time. But 25 their suspicions were also based on the fact that 0160 1 I had earlier appeared in of course the November 2 1st press conference in Los Angeles where I 3 denigrated Cynthia Kisser and the Cult Awareness 4 Network. 5 MR. WEINER: Objection to the response. 6 Lack of foundation and lack of responsiveness. 7 BY MR. BERRY: 8 Q. Turning your attention to the bottom 9 of 77, is that your signature? 10 A. Yes, it is my signature. 11 Q. And let's take each page of the rest 12 of the document one by one and explain briefly 13 what it is. 14 A. I am sorry, rephrase. 15 Q. Well, Page 2 of Exhibit-77 appears to 16 be the photocopy of a check and a -- 17 A. That's correct. 18 Q. -- and deposit slip. What is that 19 about? 20 A. Well, following the first letter 21 Mr. Shapiro, from the attorney general's office, 22 asked me to provide him substantiation of my 23 complaint. So the second page of the July 14th 24 letter is part of that substantiation showing 25 photocopies of my checks, which included where 0161 1 they were counseled by the network's bank in 2 Skokie, Illinois. 3 Q. Is that Page 3? 4 A. That's correct. 5 Q. And then the next document? 6 A. This is a document that David 7 Butterworth sent me from the OSA in Los Angeles 8 which contains a declaration from Cynthia Kisser 9 which in Paragraph 5 describes what -- defines a 10 membership in the Cult Awareness Network. 11 Q. And that is a four-page document. 12 The next document within Exhibit-77, what is 13 that? 14 A. Which are you referring to? 15 Q. The June 22, 1992 letter to the 16 attorney general's office. 17 A. That was my original letter asking 18 them to investigate the Cult Awareness Network 19 saying they had defrauded me by cashing my checks 20 but not providing me the service that those checks 21 were intended to provide. 22 Q. Was that the $30 check that was later 23 refunded by Eugene Ingram that you earlier talked 24 about? 25 A. It refers to the $30 that I sent 0162 1 which was reimbursed to me at a later time by 2 Eugene Ingram, yes. 3 Q. Now, is that your signature on Page 2 4 of that June 22, 1992 letter? 5 A. Yes, it is. 6 Q. And then the next page is another 7 copy of a check, $30 check. Is that the same 8 document we just saw before? 9 A. It is, right. 10 Q. And is -- 11 MR. WEINER: You mean the same exhibit? 12 BY MR. BERRY: 13 Q. Is it the same check that we saw 14 earlier within this exhibit? 15 A. Right. For the letter dated July 14, 16 '92. 17 Q. It was being attached to the earlier 18 letter? 19 A. That's correct. 20 Q. And the final page there appears to 21 be something to do with CAN. 22 A. It simply mentions the mailing 23 address and phone number for the Cult Awareness 24 Network, and also down on the second portion it 25 talks about the Cult Awareness Network being a 0163 1 nonprofit corporation. And that CAN passes no 2 judgment on the doctrine or beliefs and it was on 3 that basis that part of this complaint was filed 4 (Defendant's Exhibit-No. 77 5 was marked for identification and is 6 bound separately.) 7 BY MR. BERRY: 8 Q. Exhibit-78 is a document entitled 9 "Viewpoint." What is that document? 10 A. This is a major operation coordinated 11 through David Butterworth with the assistance of 12 Gwen Mayfield in Portland in which I was 13 instructed to put together a letter which in one 14 vein would lead people to believe that we bring 15 trying to dialogue and promote dialogue between 16 members of the Cult Awareness Network and 17 organizations they perceived to be cult, i.e. the 18 Church of Scientology. But also use the letter as 19 an opportunity to denigrate and incriminate 20 Cynthia Kisser. 21 Once this letter was reviewed -- and 22 it went through several drafts. I think this was 23 the final copy. It went through like three or 24 four rescissions that Mr. Butterworth had made. 25 He then sent me a multi-page document which listed 0164 1 the names and addresses, many of them with phone 2 numbers, of over 550 members of the Cult Awareness 3 Network and their associates that the Office of 4 Special Affairs has in their computer banks. And 5 I then made 550 plus copies of this letter and 6 sent them to everyone on that list. 7 MR. WEINER: Are you through with your 8 answer? I would object to the answer as being 9 nonresponsive and lack of foundation. 10 Also so that we can move along, if we 11 can make -- I think this is a little ambiguous 12 point as to whether an answer without foundation 13 needs to be objected to in name or not. So if we 14 can simply agree that we will reserve that 15 objection as well as the substitute objections, 16 then I don't need to make these objections and we 17 don't need to have Mr. Scarff smirking on the 18 record each time I do that. 19 MR. BERRY: I haven't noticed him smirking 20 but the camera will indicate whether you are right 21 or wrong. 22 MR. WEINER: Correct. If that's okay with 23 you -- 24 MR. BERRY: However you -- 25 MR. WEINER: -- I would reserve them so that 0165 1 we can move on. 2 MR. BERRY: What is the lack of foundation? 3 This witness -- 4 MR. WEINER: In this particular? 5 MR. BERRY: Yes. 6 MR. WEINER: I think there are numerous 7 conclusions that he has come to that his answer 8 shows that he clearly has no facts to support. He 9 is just making random conclusions. 10 THE WITNESS: May I make a point here? It 11 is very clear to me from this deposition as well 12 as my last deposition that Mr. Weiner is here only 13 to disrupt and to bull-bait and to make groundless 14 and nonmerited objections. And I am going to 15 continue because I am very comfortable in the way 16 this has proceeded and I would rather proceed in 17 the way we have proceeded irrespective of what 18 Mr. Weiner feels because I am here to tell the 19 truth and respect this legal process. He is here 20 to lie and bait and disrupt this process. If he 21 cannot respect this legal process, then I don't 22 care if he objects to every word that I make 23 because I am comfortable and I would like to 24 proceed as we have. 25 MR. BERRY: Be that as it may. I don't 0166 1 think it calls for a response, Counsel. 2 MR. WEINER: I asked you a question. I am 3 not responding to what he said. I am just asking 4 you a question whether that is okay that we 5 reserve that objection so that I don't have to 6 continually make these objections. 7 MR. BERRY: No, I would rather not be 8 blind-sided at trial by objections that I am 9 unaware of. 10 THE WITNESS: Thank you. 11 BY MR. BERRY: 12 Q. Now, let's deal with -- try and deal 13 with some of these objections. 14 Turning your attention to Page 3, is 15 that your signature on Page 3 of that document? 16 A. We are talking about Exhibit-No. -- 17 Q. 78. 18 A. Yes, that is my signature. 19 Q. And this is a letter that you mailed 20 yourself to the 500 people that you just spoke 21 about, correct? 22 A. This is a letter which was created by 23 myself in addition to Mr. Butterworth and 24 Ms. Mayfield which was sent, yes. 25 Q. Did you have discussions with David 0167 1 Butterworth and Gwen Mayfield regarding the 2 creation and finalization of this letter? 3 A. Yes. Like I said before, I was not 4 allowed to mail this letter out until I had the 5 final approval of David Butterworth. 6 Q. Whose idea was it, if I may use that 7 word, to send this letter in the first place? 8 A. David Butterworth. 9 Q. How do you know that? 10 A. Because David Butterworth instructed 11 me that with everything that had been happening, 12 particularly after a number of incidents that 13 resulted out of the church's Fair Game Doctrine 14 against individuals it perceived to be its 15 enemies, that they wanted to kind of blind-side 16 the Cult Awareness Network by promoting dialogue 17 which would be an overt operation and at the same 18 time they would continue their covert operations 19 against the Cult Awareness Network. But that the 20 purpose of this letter was to promote dialogue and 21 hopefully communicate to those families which 22 Mr. Butterworth told me had expressed some 23 opposition to practices and decisions made within 24 the Cult Awareness Network. And if we could reach 25 those families and get those families to rebel and 0168 1 to leave the Cult Awareness Network, it would 2 assist the OSA into working toward their goal of 3 destroying the Cult Awareness Network. 4 MR. WEINER: Can I have the question and 5 answer back, please. 6 MR. BERRY: I believe it relates to how 7 he -- 8 MR. WEINER: I understand what you believe. 9 I want to hear what the record says. 10 (Record read.) 11 MR. WEINER: Objection, lack of foundation 12 and also lack of responsiveness to the question. 13 BY MR. BERRY: 14 Q. When did Mr. Butterworth tell you all 15 this? 16 MR. WEINER: Objection to the form of that 17 question. 18 THE WITNESS: Who cares what his objections 19 are. 20 He told me this in July of '92 21 BY MR. BERRY: 22 Q. Did he tell you this in a telephone 23 call or -- 24 A. Yes. 25 Q. -- in person? 0169 1 A. No. These were a series of telephone 2 calls both made to my home and to the Mission of 3 Davis where I was at the time. 4 Q. And did you make any calls to 5 Mr. Butterworth regarding this matter? 6 A. Yes. And my telephone records will 7 prove that. 8 Q. And with regard to the revisions to 9 this letter, how did that process work? 10 A. Mr. Butterworth again told me that 11 prior to making any statements with regards to 12 Cynthia Kisser that it needed the approval of 13 Mr. Bowles or another legal within Bowles & Moxon 14 to make sure that nothing in the content of this 15 letter could be legally held against them. 16 Q. I understand that but this letter 17 went through several revisions, correct? 18 A. It did go through several revisions. 19 Q. How did the creation, revision and 20 finalization process work in terms of the letter 21 going backwards and forwards? 22 A. Initially it was simply a dialogue 23 letter, but because of the hold that 24 Mr. Butterworth and others felt that Cynthia 25 Kisser had on the Cult Awareness Network because 0170 1 she had been in an authority position within the 2 Cult Awareness Network for many years and had 3 gained the respect of quite a few people, that we 4 needed to formulate a letter which would not only 5 promote dialogue but also show, quote, the truth, 6 end quote, of the lack of integrity that 7 Ms. Kisser has exercised both in her personal and 8 professional life. 9 And so it was kind of a two-part 10 letter. We had to denigrate Cynthia Kisser but at 11 the same time promote this dialogue. 12 Q. Did drafts go back and forth between 13 you and Mr. Butterworth? 14 A. Yes, it did. I didn't have a fax 15 machine so I had to go into downtown to Mission of 16 Davis and fax it through Mission of Davis to 17 Mr. Butterworth and he would fax it back to the 18 Mission of Davis for me. 19 Q. And did there come a point in time 20 where the very final draft of this letter had been 21 approved by Mr. Butterworth? 22 A. Yes. 23 Q. And what happened then? 24 A. The letter was sent to 550 plus 25 members of the Cult Awareness Network and their 0171 1 associates. 2 Q. Did you send that letter to the 500 3 people? 4 A. Yes. 5 MR. BERRY: Do you have anymore foundational 6 problems? 7 MR. WEINER: I do but I will wait for the 8 cross-examination. 9 VIDEO OPERATOR: We will go off the record. 10 Today is July 22, 1993. The time is 3:32 P.M. 11 This is the end of tape two of the continuing 12 deposition of Mr. Scarff. 13 (Recess taken.) 14 VIDEO OPERATOR: We are back on the record. 15 The date is July 27, 1993 the time is 3:46 P.M. 16 Tape 3. Continuing deposition of Mr. Scarff. 17 MR. BERRY: I understand you have something 18 to say. 19 MR. WEINER: I did. Immediately after the 20 record was turned off, Mr. Scarff made a 21 denigrating comment to me apparently trying to 22 provoke me. I don't know exactly what his intent 23 was. I know I perceived it in that way that he is 24 basically trying to pick a fight. He made a 25 comment something to the effect that "Are you a 0172 1 real lawyer?" 2 And I think that is very 3 unprofessional. I think it is rude. I don't 4 think it is necessary. The reason why the 5 plaintiff had requested the videotaping of this 6 deposition was to monitor your conduct based on 7 the Court's finding that you had engaged in 8 misconduct at the last deposition. 9 To get around the video camera's 10 monitoring your conduct, you are resorting to your 11 tricks after the record is turned off. So if it 12 happens again what I am going to request is that 13 the cameras stay on from the time that we begin 14 the deposition in the morning until the time that 15 we terminate at the end of the day so that you 16 don't have the opportunity of improperly 17 conducting yourself when the cameras are off. So 18 I don't think it is going to benefit anybody by 19 engaging in that kind of conduct and I would ask 20 you to stop. 21 MR. BERRY: Before Mr. Scarff speaks, the 22 deposition taken on October 26, 1992 does not 23 reflect well on anyone that was present at that 24 process. Mr. Leipold has told me for the very 25 first time in his career you goated him into 0173 1 losing his temper. 2 Whatever you characterize this 3 court's finding, be that as it may, the record 4 speaks for itself. There is a long history of 5 volatility between you and this witness. If he 6 occasionally gets emotional in the absence of 7 counsel here to represent, I think we should be a 8 little patient and tolerant. 9 Do you have something to say? 10 THE WITNESS: Yes, I do. I want to 11 apologize to you, Mr. Berry. I will not apologize 12 to Mr. Weiner because I know exactly why 13 Mr. Weiner sits here today. I will apologize to 14 the court. 15 My experience in the Church of 16 Scientology has been a very tenuous and very 17 emotional one. I have had members of the church 18 threaten to kill me which I take very seriously 19 and it causes me a lot of pain and a lot of 20 emotion. Given my experience in the Church of 21 Scientology and the manner in which I have been 22 taught as a Scientologist which has been a policy 23 within the Church of Scientology to teach 24 individuals how to lie to judges, how to lie to 25 law enforcement, how to lie their way through 0174 1 something in order to convince someone to render a 2 result positive of Scientology and how attorneys 3 are perfectionists in lying in the legal system 4 and the legal process, I am very offended that 5 Mr. Weiner can sit here and claim that I am rude 6 and unprofessional. 7 Going back to the October 26th 8 deposition. First of all I have never seen any 9 court judgment, and maybe you can present it to 10 me, which censors me from my conduct but credits 11 yours during that deposition. That deposition was 12 canceled -- 13 MR. WEINER: I will give you a copy. 14 THE WITNESS: That deposition was canceled 15 because of your immature and unprofessional 16 behavior. Because of your provocative actions. 17 And I am glad it ended because you would have been 18 a lot more troubled than you were then. 19 Again I apologize but this is a very 20 emotional time for me and this man sits here today 21 only to provoke me. Only to bull-bait me. In 22 order to cause me pain and misery. He doesn't 23 give one squat about who wins this case. He is 24 only here to disrupt this process. 25 And I have no problem in telling the 0175 1 Court based upon my own experience in bull-baiting 2 and TRL's and lying that this man is a liar and he 3 sits here today as a liar and he only sits here to 4 provoke me and to cause me pain. 5 BY MR. BERRY: 6 Q. We may deal with the witness school 7 and the TRL's and perjury in this deposition, but 8 what is bull-baiting? 9 A. Bull-baiting is a TR, a training 10 routine in which someone sits alone while a coach 11 constantly provokes that individual and teaches 12 that individual to stand up to all kind of 13 provocation and insults and slander, and hopefully 14 that person who is successful in the training 15 routine can stand up to that type of provocation. 16 I have to admit that I failed when it comes to 17 TR -- bull-baiting because I do get emotional when 18 I am constantly provoked by an attorney who comes 19 here simply to disrupt and has no legal basis for 20 being here. 21 Q. In your experience with Scientology, 22 is bull-baiting sometimes used offensively to get 23 someone to lose their temper? 24 A. Yes. In fact In my first deposition 25 Mr. Weiner came up with a comment "Should we call 0176 1 you a doctor because you are moving around in your 2 chair?" And he made several comments about the 3 way that I was acting which were not true. 4 He is even saying that I am smirking 5 after every objection which is not true. 6 So in addition to the groundless 7 objections he is making he is constantly cutting 8 me down, cutting down my character and he acts 9 like a pompous little boy, and you can tell by the 10 many groundless objections that he is not here as 11 a competent attorney wanting to represent this 12 case. He is here simply to bull-bait me and to 13 try to get me to not participate in this process. 14 Q. And have I since explained to you 15 that objections are part of the deposition and 16 trial process irrespective of the basis being made 17 or strategy considerations? 18 A. I didn't understand. 19 Q. Have I since explained to you that 20 objections are part of the deposition process 21 irrespective of the purpose for which they are 22 made? 23 A. Yes, you did. 24 Q. Can we now move on to the deposition, 25 Counsel? 0177 1 MR. WEINER: We can. 2 BY MR. BERRY: 3 Q. Now, we have just finished, I 4 believe, discussing Exhibit-No. 78. Now, 5 Mr. Scarff do you feel okay to continue or do you 6 need a short break? 7 THE WITNESS: I am going to take a break. 8 MR. BERRY: Off camera a couple of minutes. 9 VIDEO OPERATOR: Off the record. The time 10 is 3:53 P.M. 11 (Recess taken.) 12 VIDEO OPERATOR: We are back on the record. 13 The time is 3:57 P.M. 14 BY MR. BERRY: 15 Q. Mr. Scarff, do you feel able to 16 proceed now? 17 A. Yes. 18 Q. We had just finished talking about 19 Exhibit -- 20 A. I am sorry I am not connected. 21 Q. We had just finished talking about 22 Exhibit-78, the viewpoint letter. 23 (Defendant's Exhibit-No. 78 24 was marked for identification and is 25 bound separately.) 0178 1 BY MR. BERRY: 2 Q. Moving on to Exhibit-79 is a six-page 3 document. What is it? 4 A. These are copies of the fronts of 5 envelopes that were shown to me by Dan Leipold. 6 Mr. Leipold told me that since the implementation 7 or since the filing of a number of SLAPS suits by 8 the Church of Scientology against the Cult 9 Awareness Network that anything that came to the 10 Cult Awareness Network or came from a Cult 11 Awareness Network member from Garry Scarff or to 12 anyone from the Church of Scientology were to be 13 sent to the Cult Awareness Network attorneys. 14 These pages simply reflect a number of envelopes 15 that made their way to Dan Leipold and they 16 represent the letters, some of the letters, some 17 of the viewpoint letters, some of the people that 18 I sent the viewpoint letters to decided to send 19 their letters to Dan Leipold. 20 Q. Is it your understanding that 21 Mr. Leipold is one of the attorneys for the Cult 22 Awareness Network? 23 A. Yes 24 (Defendant's Exhibit-No. 79 25 was marked for identification and is 0179 1 bound separately.) 2 BY MR. BERRY: 3 Q. Moving on to Exhibit-No. 80, that is 4 a two-page document. What is that? 5 A. The front copy is a copy of a check I 6 received from Eugene Ingram on August 14th, 1992 7 for what he refers to as witness fees and 8 expenses. And then the second copy is just an 9 example of the types of things that I sent to 10 Eugene Ingram and asked for reimbursement from. 11 Q. So the second page is not the 12 expenses that are being reimbursed by the first 13 page? 14 A. That's correct. That's correct. 15 Q. If this is an example of the sort of 16 things that are being reimbursed, what is the 17 notation "witness fees and expenses" at the bottom 18 of Mr. Ingram's check? 19 A. As I have said on record before, I 20 was acting under the scheme of Scientology as the 21 witness, as the suffering witness for Eugene 22 Ingram against the Cult Awareness Network. I was 23 not perceived to be the member of the Church of 24 Scientology doing these things against the Cult 25 Awareness Network. I was the witness. So on 0180 1 every check that he sent me that had absolutely 2 nothing to do with any type of legal process, he 3 would always write there witness fees. 4 Q. And that was irrespective of the 5 nature of the expense being reimbursed? 6 A. That's correct. 7 MR. WEINER: Objection to the form of the 8 question. 9 THE WITNESS: That's correct, because 10 Mr. Ingram was an employee of Bowles & Moxon, a 11 law firm, and I was considered a witness for 12 Bowles & Moxon. 13 BY MR. BERRY: 14 Q. Let me deal with counsel's 15 objection. 16 You received a number of checks from 17 Mr. Ingram, did you? 18 A. Yes. 19 Q. And what was written in the memo 20 section of those various checks? 21 MR. WEINER: Objection, are you asking him 22 every check or are you asking him to -- what is 23 it? 24 MR. BERRY: I am asking him if he can recall 25 what was written on the memo section of every 0181 1 check he received from Mr. Ingram. 2 THE WITNESS: The memo section was 3 different. There were different explanations on 4 various checks that I received from him. 5 BY MR. BERRY: 6 Q. So it wasn't always witness fees and 7 expenses. 8 Let me back up here. 9 A. Let me refer to an earlier exhibit. 10 MR. WEINER: Can the witness indicate what 11 exhibit number you are looking at. 12 MR. BERRY: I am sure he will when he finds 13 it. 14 THE WITNESS: Looking back to Exhibit-31, 15 for example, dated October 9th of '91, there was 16 an explanation in the memo box which does not, at 17 least from what I can read here, say expense 18 fees. And I don't recall at that time whether I 19 wrote witness fees. 20 I believe in this example he wrote 21 witness slash and then there was another 22 explanation. And I don't recall what that 23 explanation was. And then on this check it was 24 witness fees plus expenses. 25 BY MR. BERRY: 0182 1 Q. Was Exhibit-31 and Exhibit-32, were 2 those checks presented to you at the time that you 3 prepared the four declarations with Mr. Ingram? 4 A. They were payment for me following my 5 signature on the declarations. But they were 6 payment for my role in the deliberate creation of 7 these phony declarations, yes. 8 Q. And after that Exhibit-16 was created 9 which was the lawsuit that you were to filed 10 against the Cult Awareness Network, correct? 11 A. That is correct. 12 Q. And then Exhibit-80, which we have 13 just been looking at, was after the creation of 14 the draft lawsuit, correct? 15 A. That's correct. 16 (Defendant's Exhibit-No. 80 17 was marked for identification and is 18 bound separately.) 19 BY MR. BERRY: 20 Q. Was there more than one occasion in 21 which you received reimbursement from Mr. Ingram? 22 A. Monthly. 23 Q. And what were that reimbursement for? 24 A. For witness fees and expenses. 25 Q. And was that what they were actually 0183 1 for? 2 A. No. 3 Q. What were they for? 4 A. Expenses reflected the out-of-pocket 5 expenses that I had in the various operations that 6 I was involved in, whether it be letter writing 7 complaints, phone calls, threatening phone calls 8 to individuals, any type of unlawful activity that 9 may have incurred an expense, Eugene reimbursed me 10 for and I also provided him with receipts, copies 11 of my telephone bills and anything that I could 12 get a receipt on. And then from that he would 13 reimburse me. 14 Q. Now, turning to Exhibit-81, what is 15 Exhibit-81 or the various things which appear to 16 be photocopied onto Exhibit-81? 17 A. These are just things that I provided 18 to Dan Leipold to in part substantiate my 19 relationship with Scientology. It includes the 20 business card of Eugene Ingram. Business card 21 from Henry Kriegel, who is a member of a Montana 22 cult. A business card of Mary Anne Ahmad who is a 23 public relations director of the Church of 24 Scientology in Chicago. And also a letter I 25 received from Mary Anne Ahmad. 0184 1 Q. By "letter" you mean a photocopy of 2 an envelope? 3 A. That's correct. 4 (Defendant's Exhibit-No. 81 5 was marked for identification and is 6 bound separately.) 7 BY MR. BERRY: 8 Q. Exhibit-82, that is a two-page letter 9 unsigned. What is that? 10 A. This is a confidential letter that I 11 sent to Cynthia Kisser when I made the decision to 12 defect from the Church of Scientology. 13 Q. And what was the purpose of that 14 letter? 15 A. Purpose of that letter was to offer 16 to speak with her attorneys and to relay a 17 decision on my part to make amends for all the 18 anguish and pain that I caused a number of people 19 as a result of the Scientology operations that I 20 was a part of on behalf of Scientology 21 (Defendant's Exhibit-No. 82 22 was marked for identification and is 23 bound separately.) 24 BY MR. BERRY: 25 Q. Exhibit-83? 0185 1 MR. WEINER: Excuse me, if I can interrupt, 2 I don't believe you asked him anything about the 3 signature. I notice it is not signed. If I may 4 ask is the original of this letter signed? 5 THE WITNESS: Yes. The original of this was 6 signed 7 BY MR. BERRY: 8 Q. And this was your copy of that 9 letter? 10 A. That's correct. 11 Q. Exhibit-83 is also a two-page 12 letter. What is that? 13 A. I had had contact with Father Kent 14 Burtner, who was a target of a number of 15 operations by the Church of Scientology including 16 a target which I was a part of, an operation which 17 I was a part of. And he suggested that if I 18 didn't get any response from Cynthia that I should 19 write a letter to her attorney and identify this 20 Ms. Epstein as her attorney. So I sent a letter 21 to her attorney in Chicago. And it is dated with 22 my -- I am sorry, it is signed by me. 23 Q. That's on Page 2. 24 A. That's correct. And I have cc'd a 25 copy of this letter to Cynthia Kisser. 0186 1 (Defendant's Exhibit-No. 83 2 was marked for identification and is 3 bound separately.) 4 BY MR. BERRY: 5 Q. And Exhibit-84, what is that 6 document? 7 A. This is a letter I sent to 8 Mr. Shapiro of the attorney general's office 9 asking him to dismiss the complaint that I filed 10 against Cynthia Kisser and noting that this 11 complaint had no merit whatsoever. 12 Q. Is that your signature at the bottom 13 of that document? 14 A. Yes, it is. 15 Q. And was that a complaint that you had 16 filed in connection with your activities on behalf 17 of Scientology? 18 A. Yes. With the Office of Special 19 Affairs in Los Angeles and I worked with Carol 20 Brooks, who was in charge of this operation 21 through the Chicago office, Office of Special 22 Affairs, Church of Scientology. 23 (Defendant's Exhibit-No. 84 24 was marked for identification and is 25 bound separately.) 0187 1 BY MR. BERRY: 2 Q. And turn now to Exhibit-85, a 3 one-page document, what is that document? 4 A. This is a letter that I sent to the 5 Illinois Department of Human Rights regarding a 6 complaint that I had filed against the Cult 7 Awareness Network asking them to dismiss the 8 complaint, that it had no merit whatsoever and I 9 signed this letter. 10 Q. And once again was that complaint 11 that you had submitted done so in connection with 12 the Office of Special Affairs of Scientology 13 International matters? 14 A. Yes. Both the Office of Special 15 Affairs in Los Angeles and also the Office of 16 Special Affairs in Chicago, Illinois. 17 Q. And that's the Office of Special 18 Affairs of the Church of Scientology 19 International? 20 A. That's correct. 21 Q. In fact whenever we use the word 22 "Office of Special Affairs" or "OSA" we are 23 referring to an entity of the Church of 24 Scientology International as opposed to one of the 25 other churches of Scientology? 0188 1 A. Whenever I speak of David Butterworth 2 or refer to the Office of Special Affairs in 3 Los Angeles I am referring to the Church of 4 Scientology International in Los Angeles. When I 5 speak of the Office of Special Affairs I am 6 dealing with the church's entity in the various 7 cities that I had contact with. 8 (Defendant's Exhibit-No. 85 9 was marked for identification and is 10 bound separately.) 11 BY MR. BERRY: 12 Q. Turning to Page 86, a four-page 13 document. What is that and what does it 14 represent? 15 A. This is a phone bill for me. It is 16 in the name of Lynn Garrett. 17 Q. Who is Lynn Garrett? 18 A. Garry Scarff. 19 Q. Why does Garry Scarff use the name 20 Lynn Garrett? 21 A. Because Garry Scarff was a 22 professional actor and had acted in a number of 23 different television shows and films and my agent 24 felt that Scarff was not what in show business 25 terms is considered a nice image name. Something 0189 1 that had a ring to it. So my agent suggested that 2 I reverse my first and middle name and it became 3 Lynn Garrett. So I have used my acting name. 4 Also there was a time when I was 5 thinking about reversing this back to my actual 6 name and Mr. Butterworth encouraged me not to do 7 that. Because if there was ever an opportunity 8 that the Cult Awareness Network could do an 9 investigation on me and try to track down my phone 10 bills, they would never be able to track me down 11 by virtue that my name was in -- or this phone 12 bill was in a different name. As long as the Cult 13 Awareness Network was not aware of who Lynn 14 Garrett was they would never be able to track down 15 my phone bill. 16 Q. Just like Tom Cruise you took a stage 17 name? 18 A. That's correct. 19 Q. Now, turning your attention to the 20 second page of Exhibit-86 halfway down the page -- 21 first of all, is the second page part of that same 22 phone bill September 23? 23 A. Yes, it is. 24 Q. And there is a series of phone 25 numbers on that page; is that correct? 0190 1 A. That is correct. 2 Q. Going from sequentially from the top 3 to the bottom can you identify whose phone numbers 4 those are. 5 A. Dated No. 1 to Chicago, Illinois, 6 that is the personal telephone number for Mary 7 Anne Ahmad. 8 Q. Who is she? 9 A. Director of public affairs, Church of 10 Scientology, Chicago. 11 Q. And the second one? 12 A. That is the Church of Scientology 13 headquarters number for Chicago. That's how I 14 contacted the OSA was through that number. 15 Q. And the third one? 16 A. Is the home telephone number for 17 Dr. George Robertson, who claims to be the 18 executive vice-president of the Friends of Freedom 19 Network which is the front group of Scientology. 20 Q. And the fourth one? 21 A. Again the fourth, fifth and sixth one 22 are to the headquarters of the Church of 23 Scientology in Chicago. 24 Q. And once again is that how you 25 contacted OSA? 0191 1 A. That's correct. 2 Q. And then 7, 8 and 9 are all the 3 same. What numbers are they? 4 A. Those are the office, the numbers for 5 the Office of Special Affairs, Church of 6 Scientology International in Los Angeles. 7 Q. Bowles & Moxon has a prefix for 661 8 as well. Is there any significance to that 9 similarity? 10 A. Bowles & Moxon's office is in the 11 same office as the Office of Special Affairs 12 although their letterhead states differently. 13 Q. Turning to -- the next page, Page 3 14 also has some phone numbers midway down the page. 15 Once again could you indicate sequentially which 16 they are? 17 A. No. 1 and 2 represents phone calls to 18 the office of special affairs, Church of 19 Scientology International, Los Angeles. 20 No. 3 is a phone call to the 21 headquarters of the Church of Scientology, 22 Chicago. No. 4 is office of special affairs, 23 Church of Scientology International, Los Angeles. 24 No. 5 is the -- a call to the headquarters of the 25 Christian Fellowship Church in Waukegan, 0192 1 Illinois. 2 And then No. 6 and 7 are calls to the 3 Office of Special Affairs, Church of Scientology 4 International, Los Angeles. 5 Q. Now, I think -- it is not on your 6 copy but it is on mine and the court reporter's 7 copy from the photocopying process where there has 8 been a mistake. There is some writing on the 9 court reporter's copy that you can see there. 10 A. I have no writing on mine. 11 Q. Mine has writing and the cover of the 12 reporter's copy has writing. 13 Does yours, Mr. Weiner? 14 MR. WEINER: No. 15 MR. BERRY: Somehow the court reporter's and 16 mine has writing. The writing is my handwriting: 17 A photocopy of my handwriting. 18 Q. And the final page, Page 4, that also 19 has numbers there. Have you got a clean page 20 there as well without any of my handwriting? 21 A. Yes, I do. 22 Q. So going from 1 through 11 what are 23 those numbers? 24 A. 1 through 3 represents phone calls to 25 the Office of Special Affairs in Los Angeles. 0193 1 No. 4 is a phone call to the home of 2 Mary Anne Ahmad in Chicago. 3 5, phone call to Church of 4 Scientology in Chicago, Illinois. 5 6, I believe that's a phone call to 6 Bowles & Moxon, but I am not sure. 7 Q. Do they have more than one number? 8 A. Well, they have a fax number. But I 9 am not sure who that was to. There was someone in 10 Los Angeles. 11 Q. No. 7? 12 A. 7 was to the headquarters of the 13 Church Universal and Triumphant in Montana. 14 8 and 9 Office of Special Affairs, 15 Los Angeles. 16 10 to the Cult Awareness Network in 17 Chicago, Illinois. 18 11 to Office of Special Affairs, Los 19 Angeles. And then there are two underneath that. 20 Q. What are those -- 21 A. One is directory assistance call to 22 Waukegan. The other one is a phone call to the 23 office of the Christian Fellowship Church in 24 Waukegan 25 (Defendant's Exhibit-No. 86 0194 1 was marked for identification and is 2 bound separately.) 3 BY MR. BERRY: 4 Q. Turning your attention to Exhibit-87, 5 what is that? 6 A. This is a letter I sent to Alana 7 Arnold of the Internal Revenue Service in which I 8 advised her that the complaint sent to her by 9 Eugene Ingram including a follow-up letter that I 10 sent to her were absent of any merit whatsoever in 11 that Eugene Ingram although he disassociates 12 himself from the Church of Scientology, in fact is 13 a paid employee of the Church of Scientology. 14 Q. Turn your attention to Paragraph 4, 15 the final paragraph of that document, is that a 16 correct statement or series of statements? 17 A. That is very accurate, yes. 18 Q. And is that your signature at the 19 bottom of the page? 20 A. It is my signature. 21 (Defendant's Exhibit-No. 87 22 was marked for identification and is 23 bound separately.) 24 BY MR. BERRY: 25 Q. Turning your attention to Exhibit-88, 0195 1 what is that? 2 A. This is a letter that I sent to 3 Father Kent Burtner. When I initially spoke to 4 him on the phone he was very cautious and 5 distrusting of me; therefore, I sent him a letter 6 and this is this letter. 7 Q. You called to say -- 8 A. This is what I refer to as an apology 9 letter because in the numerous operations in the 10 church implemented against Father Kent, which were 11 part of the fair game policy to hurt Father Kent, 12 operations which had no legitimate merit 13 whatsoever, I was a part of some of those 14 operations. And this was basically an apology 15 letter and a desire to receive his forgiveness for 16 my participation in those schemes. 17 Q. Those operations and schemes you 18 refer to were involved -- involved the Church of 19 Scientology? 20 A. They were created and implemented by 21 the Office of Special Affairs. Church of 22 Scientology International, Los Angeles. 23 Q. And you refer to fair game. Is that 24 something we will deal with later in these 25 exhibits? 0196 1 A. Yes. 2 (Defendant's Exhibit-No. 88 3 was marked for identification and is 4 bound separately.) 5 BY MR. BERRY: 6 Q. Exhibit-No. 89, that's a three-page 7 document. What is that? 8 A. This letter was sent to Matthew 9 Chancey, who is a prosecutor for the Lake County 10 states attorneys offices in Waukegan, Illinois 11 with reference to an individual in the Christian 12 Fellowship Church whom I knew in the church and 13 with whom I had a conversation who in that 14 conversation substantiated the prosecutor's 15 charges against him and other members in the 16 church about a number of sex abuse crimes that had 17 been committed. 18 This is a church that also had a lot 19 of association with the Church of Scientology and 20 had initially worked out an agreement with the 21 Office of Special Affairs to assist them in their 22 defense against these prosecutorial charges. 23 Q. And the contents of this letter are 24 true and correct? 25 A. They are true and correct, yes. 0197 1 MR. WEINER: Objection, lack of foundation. 2 MR. BERRY: Lack of foundation. 3 MR. WEINER: Yes. 4 BY MR. BERRY: 5 Q. Is this a copy of a letter that you 6 caused to be sent to Matthew Chancey? 7 A. I didn't understand your question. 8 Q. Is this a copy of a letter that you 9 caused to be sent to Matthew Chancey? 10 A. This is a letter that I did in fact 11 send to Matthew Chancey, yes. 12 Q. This is a copy of the letter? 13 A. Copy of the letter, that's correct. 14 Q. And where you make references to the 15 Church of Scientology, are those references on the 16 basis of your own knowledge? 17 A. My own knowledge and my own 18 experience and the conversations I have had both 19 with the individuals within the Christian 20 Fellowship Church, whom I had a close association 21 with, and also Eugene Ingram and David Butterworth 22 as well as several members of the Church of 23 Scientology in Chicago, Illinois. 24 MR. WEINER: Same objection to the response 25 as to the question. Lack of foundation. 0198 1 MR. BERRY: For your benefit, Counsel, we 2 will come back to that and establish plenty of 3 foundation at this deposition. 4 THE WITNESS: Yes, thank you. 5 (Defendant's Exhibit-No. 89 6 was marked for identification and is 7 bound separately.) 8 BY MR. BERRY: 9 Q. Exhibit-No. 90, what is that? 10 A. This is another example of an expense 11 check which I received from Eugene Ingram dated 12 September 14th, and if you notice this memo it is 13 different. It says expenses submitted on 9/10/92, 14 but it has no mention of the witness fees. 15 Q. And there is a photocopy of what 16 appears to be an envelope on the other side of 17 that exhibit? 18 A. That's the front copy of the envelope 19 which I received from Eugene Ingram. 20 Q. Do you recognize the handwriting? 21 A. Yes, that's Eugene's handwriting. 22 (Defendant's Exhibit-No. 90 23 was marked for identification and is 24 bound separately.) 25 BY MR. BERRY: 0199 1 Q. Exhibit-No. 91, a one-page document. 2 What is that document? 3 A. This is an internal -- I am sorry, 4 internal. This is a confidential document which I 5 sent to Dan Leipold and in which I agreed to be 6 submitted as a deponent to this hearing, or this 7 deposition. And it refers to a conversation I had 8 from George Robertson regarding the arrest of 9 Galen Kelly on kidnapping charges. The 10 conversation I had with Mr. Robertson and it talks 11 about the conspiratorial role that the Church of 12 Scientology along with Heber Jentzsch had in this 13 event. 14 And it also refers to -- I will read 15 the line that George reminded me that he has 16 worked very hard to negotiate with George and 17 Heber Jentzsch to arrange for Randy Spensor and 18 Erick Moran to represent me in any litigation 19 against me by Cynthia Kisser or Priscilla Coates. 20 Q. And then it continues to say you need 21 to start listening to him for your own good. And 22 then -- 23 A. I am sorry? 24 Q. The end of Paragraph 2 says "And I 25 need to start listening to him for my 'own good.'" 0200 1 He then made some derogatory comments about your 2 character and said that Eugene was working on 3 investigating your background. What does that 4 mean? 5 A. This letter -- at this time that I 6 sent this letter, Mr. Leipold, Mr. Robertson and 7 the Church of Scientology to my knowledge had not 8 confirmed that I had in fact left the organization 9 and had been in contact with the Cult Awareness 10 Network. I was in fear of what would happen, 11 particularly the repercussions that would be 12 targeted against me by the Church of Scientology 13 if they were to find out that I did so. 14 Q. So is the meaning of those last few 15 lines in Paragraph 2 that -- let me back up. 16 Does Eugene Ingram work for the law 17 firm of Bowles & Moxon? 18 A. Eugene Ingram represents himself as a 19 private investigator who works for Bowels & Moxon 20 that just happens to represent one of many clients 21 and that one client being the Church of 22 Scientology. That is a deliberate lie and a 23 deliberate misrepresentation meant not only to 24 deceive the public but to deceive the various 25 facets of the judicial and legal system. 0201 1 Eugene Ingram is a paid employee of 2 Bowles & Moxon which is the in-house law firm for 3 the Church of Scientology. Its attorneys, most 4 whom are members of the Church of Scientology. 5 Q. And -- 6 MR. WEINER: Objection to that long 7 narrative. Lack of foundation. Lack of 8 responsiveness. 9 MR. BERRY: Once again we will lay the 10 foundation later in this deposition. 11 Q. Would those last two sentences on 12 Paragraph 2, are you saying that Mr. Ingram was 13 investigating attorney Daniel Leipold? 14 A. Yes. I received a phone call 15 initially from Eugene Ingram telling -- asking me 16 if I received a phone call from the Cult Awareness 17 Network telling me that through his law 18 enforcement sources, sources of which he could not 19 reveal to me, he had learned that the Cult 20 Awareness Network and their attorneys were seeking 21 to have me thrown in prison for crimes committed 22 against the Cult Awareness Network. 23 I knew because of my conversations 24 with Mr. Leipold this was a lie. That Eugene 25 Ingram was lying to me. And then out of the blue 0202 1 I get a telephone call from George Robertson 2 asking me how the deposition went and I had no 3 deposition. No deposition had occurred at that 4 time. However, I did provide a declaration to 5 Mr. Leipold, and it scared me because Mr. Leipold 6 told me that he had told absolutely no one outside 7 his law firm that he had done the declaration on 8 me, that no one outside his law firm had been 9 notified that he flew to Portland to meet with me 10 on a confidential level. And here Eugene Ingram 11 was saying that he knew everything that was 12 happening, which led me to believe that they were 13 doing surveillance on me and that some type of 14 fair game was going on within the church. 15 And when I denied to George Robertson 16 that I did any type of deposition, he said -- he 17 made some derogatory comments about the fact that 18 he knew for a fact I did do a deposition with the 19 Cult Awareness Network and that I was lying. And 20 he became derogatory. But he did admit that 21 Eugene Ingram was investigating me. 22 Q. And according to this letter, is it 23 correct that he told you that Eugene Ingram was 24 investigating the background of Daniel Leipold? 25 A. Yes. 0203 1 Q. And at that time was Daniel Leipold 2 an attorney for the Cult Awareness Network? 3 A. Yes, he was. 4 Q. And was the Cult Awareness Network, 5 to your knowledge, engaged in litigation against 6 the Church of Scientology? 7 A. Yes, he was. 8 Q. And was the Church of Scientology in 9 that litigation represented by Bowles & Moxon? 10 A. Yes. 11 Q. And so is it correct then that Eugene 12 Ingram was investigating Mr. Leipold, the opposing 13 counsel for Bowles & Moxan? 14 A. Yes. 15 (Defendant's Exhibit-No. 91 16 was marked for identification and is 17 bound separately.) 18 BY MR. BERRY: 19 Q. Moving on to Exhibit-92, what is 20 that? 21 A. This is a letter which I sent at my 22 own expense to 550 plus members of the Cult 23 Awareness Network, everyone that I had sent the 24 earlier dialogue letter to. And in this letter I 25 apologize for writing that letter and apologized 0204 1 for attacking the integrity of Cynthia Kisser and 2 that's the point of this letter. 3 Q. Now, the letter that you are 4 referring to, that was a letter that -- sorry, we 5 have already dealt with that letter. 6 (Defendant's Exhibit-No. 92 7 was marked for identification and is 8 bound separately.) 9 BY MR. BERRY: 10 Q. Exhibit-93, what is that document? 11 A. It is a letter that I sent to 12 Mr. Leipold and it refers to the letter that I 13 sent to the Internal Revenue Service asking them 14 to drop the complaint that I filed against them -- 15 or against the Cult Awareness Network. And also 16 identifying Eugene Ingram's complaint as having no 17 merit whatsoever. 18 Q. Turning your attention to Paragraph 19 4, there is a reference to Eugene Ingram being in 20 New York investigating Richard Beher. What was 21 said in the conversation with George Robertson 22 about that? 23 A. He told me that pursuant to that 24 lawsuit that the Church of Scientology filed 25 against Time Magazine for the article it published 0205 1 on May 6, 1991 exposing some of the unlawful 2 activities taken or perpetuated by the Church of 3 Scientology, that Eugene was on an operation to 4 find something which could be used to discredit 5 Richard Beher, who authored the article. And he 6 told me that Eugene Ingram was in New York talking 7 to one of Richard Beher's former employers. 8 (Defendant's Exhibit-No. 93 9 was marked for identification and is 10 bound separately.) 11 BY MR. BERRY: 12 Q. Now, turning your attention to 13 Exhibit-94, what is that document? 14 A. Again, this is just another letter 15 that I sent to Daniel Leipold concerning a phone 16 call I got from Eugene Ingram in Los Angeles. 17 Q. Is that your signature at the bottom 18 of that letter? 19 A. It is my signature. 20 Q. Tell me about that phone call that 21 you got from Mr. Ingram that you refer to in this 22 letter. 23 A. Again, at this time I was not telling 24 the Church of Scientology that I had left it 25 because I feared the repercussions, and Mr. Ingram 0206 1 called me and said that he knew for a fact that I 2 had contact with the Cult Awareness Network. That 3 he had corroborated through his sources that 4 Leipold had flown to Portland to interview me. 5 And he demanded to know what conversations I had 6 with Cynthia Kisser, and he called me a liar and 7 said that I underestimated his abilities as a 8 private investigator and he asked me if I can -- 9 if I recall correctly, how I enjoyed a particular 10 meal at a particular restaurant that I went to on 11 I believe it was a Tuesday or Thursday night. And 12 from that I learned from Mr. Ingram that I had 13 been followed and under surveillance by church 14 members to find out what I was up to. 15 Q. Was anyone else, according to your 16 conversation with Mr. Ingram, under surveillance 17 by Mr. Ingram? 18 A. Dan Leipold was also under 19 surveillance. Mr. Ingram advised me at that time 20 that he knew how he -- that someone had done a 21 substantial check with the airlines at the Los 22 Angeles airport and learned how Mr. Leipold came 23 to Portland, what airline he was on, what flight 24 he was on and so on and so forth. 25 Q. And so Mr. Ingram told you in this 0207 1 conversation that he had had Mr. Leipold under 2 surveillance? 3 A. Yes. 4 Q. And once again Mr. Ingram was working 5 for Bowles & Moxon? 6 A. Yes. 7 Q. And Mr. Leipold was opposing Bowles & 8 Moxon in this same litigation? 9 A. That's correct. 10 Q. By "same litigation" I am not 11 referring to this case but another case. 12 A. Yes. 13 Q. Now, the next paragraph of that 14 letter refers to -- seems to be a threat against 15 you. Can you tell me what you meant when you 16 wrote that and what Mr. Ingram said to you with 17 regard to that, if anything? 18 A. When he told me that I was being 19 followed and that I was a liar and that he knew 20 all these things were happening, I told him I was 21 very angry to what I considered to be an invasion 22 of personal privacy. And he told me that it was 23 his job to protect his employer, Bowles & Moxon, 24 and the Church of Scientology and that he would do 25 everything necessary to do that. And that if 0208 1 they, and I assume when Eugene Ingram says "they," 2 that he is talking about the Church of Scientology 3 and Bowles & Moxon, ever found out that I had 4 given a deposition against them or if I ever 5 testified against them, that I would wish I was 6 dead. 7 Q. And what did you take them to mean by 8 that? 9 A. I am sorry. 10 Q. What did you take Mr. Ingram to mean 11 by that statement? 12 A. That my life would be in mortal 13 danger if I ever spoke out about my experiences 14 and told the truth about my experiences in the 15 Church of Scientology, which is why I asked the 16 police officers to be present today during this 17 deposition based on comments like this, which was 18 not the first and not the last comment I received 19 from Mr. Ingram about him rubbing me out. 20 Q. Well, when did those other 21 conversations occur with Mr. Ingram? 22 A. I received several phone calls after 23 September 17th in which he said that he was going 24 to rub me out. That if he couldn't reach me he 25 would reach my family and kill my parents. 0209 1 Q. Do you recall when each of these 2 conversations were? 3 A. All I can recall is it happened late 4 September, early October, and they stopped 5 approximately a week before the deposition which 6 Mr. Weiner attended. 7 Q. Did he call you or did you call him? 8 A. No, he called me. 9 Q. With regard to -- were there two 10 phone calls or more than two? 11 A. There are two phone calls after this 12 initial phone call. 13 Q. Where were you when he made the first 14 phone call to you? 15 A. At home. 16 Q. And where was that at that time? 17 A. Portland. 18 Q. And what time was that phone call 19 made to you? 20 A. This phone call here? 21 Q. No. The second one after that. 22 We are talking about three phone 23 calls altogether? 24 A. That's correct. 25 Q. And the first phone call is reflected 0210 1 by Exhibit-94? 2 A. Correct. 3 Q. So where were you when that first 4 phone call was made? 5 A. I was in my apartment in Portland, 6 Oregon. 7 Q. About what time of the day did you 8 receive that phone call? 9 A. This was approximately 4:00 to 4:30 10 in the afternoon. 11 Q. Now, the next phone call, 12 approximately when was that? 13 A. I recall it being late at night. 14 Around 11:00. Between 10:00 and 11:00, I believe. 15 Q. And Mr. Ingram called you? 16 A. That's correct. Called me at home. 17 Q. And what was said during that 18 conversation by him and by you? 19 A. He said that he had substantiated 20 with his law enforcement sources, that he had 21 sources within the Los Angeles Police Department 22 that worked for him on numerous occasions, and 23 that he had confirmed through them that I had in 24 fact struck a deal with the Cult Awareness Network 25 and that I was blabbing about my experiences in 0211 1 the Church of Scientology. And if I said anything 2 in any type of court hearing detrimental to the 3 Church of Scientology, that he would burn me and 4 that he would burn my family. And to me that 5 represented a death threat. 6 Q. Anything else said in that 7 conversation? 8 A. Not that I recall. 9 Q. Now, there was a third conversation I 10 think you said with Mr. Ingram. 11 A. That's correct. 12 Q. And he once again made the call to 13 you? 14 A. He called me at my apartment in 15 Portland, Oregon. 16 Q. Approximately when was it? In what 17 period of time in the year was it? 18 A. It was approximately a week before 19 the scheduled deposition. 20 Q. Would that be October 26, '92 or 21 thereabouts? 22 A. Yes. 23 Q. About what time of day was the phone 24 call made? 25 A. It was around 8:00, 8:30 in the 0212 1 morning. 2 Q. What was said during that 3 conversation? As best as you can recall. 4 A. Something to the effect that he was 5 going to rub me out. 6 Q. And what did you understand that 7 phrase to mean? 8 A. That he was going to murder me. At 9 which time I hung up on him and stuck the phone on 10 the message machine. 11 Q. And do you consider that to be a 12 threat? 13 A. Yes. Definitely. I know he is 14 capable of doing it. 15 Q. Do you take that threat seriously? 16 A. I did take that threat seriously, and 17 I will do everything I have to to protect myself. 18 I need to take a break, please. 19 MR. BERRY: Certainly. 20 (Defendant's Exhibit-No. 94 21 was marked for identification and is 22 bound separately.) 23 VIDEO OPERATOR: We will go off the record. 24 The time is 4:41 P.M. 25 (Recess taken.) 0213 1 VIDEO OPERATOR: Back on the record. The 2 time is 4:46 P.M. 3 BY MR. BERRY: 4 Q. Are you ready to proceed? 5 A. Yes. 6 Q. Exhibit-94 we have just been dealing 7 with. 8 You also stated in that letter that 9 you suspected your phone was being tapped; is that 10 correct? 11 A. Yes. 12 Q. What led you to believe that? 13 A. Well, just the fact that Leipold was 14 telling me that he was being very confidential, 15 very sensitive with the information that I was 16 giving him, that no one in the Church of 17 Scientology would have known I was speaking to him 18 whereby the information would come from him or his 19 office. That there had to be other schemes at 20 work. And so I suspected the possibility and I 21 write in the letter, I can't prove it, that my 22 phone is being tapped because Eugene Ingram also 23 relayed to me that he knew I was talking to Father 24 Kent Burtner and I couldn't understand how he 25 would come across that information. 0214 1 Q. Did you have any other basis for 2 believing that Eugene Ingram or the Scientology 3 organization might tap someone's phone? 4 A. I had heard about experiences in the 5 past where the Office of Special Affairs had been 6 engaged in wire tapping. But they were just 7 conversations that I had had with people. And 8 there were a number of phone calls I had with 9 people where there was some very audible noises, 10 static, clicking going on and hushed voices, very 11 hushed during conversations I had. So I didn't 12 know whether it was telephone interference or 13 whether I was being bugged. 14 Q. When you had these conversations with 15 people in the past about Scientology wire tapping, 16 were these conversations with other members of the 17 Office of Special Affairs? 18 A. Yes. 19 Q. And did those people indicate that 20 the organization had been involved in telephone 21 surveillance? 22 A. Yes. In fact George Robertson 23 informed me that the phones at the Sheraton Motel 24 in Oklahoma City, which was the site of the cult 25 awareness conference in 1991, that they knew 0215 1 exactly what phone calls Cynthia Kisser, Patricia 2 Ryan and other officials of the Cult Awareness 3 Network were making out of the hotel. I don't 4 know whether that was true or not but that was the 5 comment he made to me. 6 Q. Now, turning your attention to 7 Exhibit-95, what is that several documents? 8 A. This is a sworn statement which the 9 prosecutors -- I am sorry, this is a sworn 10 statement sent to me by Mark E. Pleasant that is 11 transcribed from a conversation that I had had 12 with him over the telephone. And he asked me to 13 review it, make corrections and then sign it and 14 return it to him, which was going to be used as 15 evidence for the prosecutors in the Christian 16 Fellowship Church sex abuse case. 17 And in the body of this complaint, I 18 also referred to the Christian Fellowship Churches 19 association with the Church of Scientology, 20 specifically David Butterworth and Eugene Ingram. 21 Q. This is a document you received from 22 Mr. Pleasant, right? 23 A. Right. I had a conversation with 24 Mr. Pleasant and gave him a statement over the 25 telephone which he transcribed, sent it back to me 0216 1 and asked me to review it and make the appropriate 2 corrections, initial the corrections and then mail 3 it back to him. 4 Q. So the next ten pages, Pages 2 5 through 11 of that exhibit, is that the statement 6 that you have just referred to? 7 A. Yes, it is. 8 Q. And is that a correct -- I am sorry. 9 Withdrawn. Is that your signature at the bottom 10 of Page 10? 11 A. Yes, it is. 12 Q. Is -- 13 A. I am sorry, at the bottom of 14 Page 10? I see on the bottom of Page 12. You are 15 correct. 16 Q. In fact -- 17 A. Every page it looks like I signed it 18 and dated it. 19 Q. Then there is two pages entitled 20 "Corrections and Additions." 21 What is that? 22 A. Those are the corrections and 23 additions to statements made in the body of this. 24 Q. So if we read the voluntary statement 25 and the two pages entitled "Corrections and 0217 1 Additions" in combination, is that a true and 2 accurate statement? 3 A. It is, yes. 4 Q. The next document, what is that? 5 A. What -- 6 Q. It appears to be -- in fact the next 7 two documents are documents from a travel 8 service. What is that? 9 A. Mr. Pleasant asked me to substantiate 10 the fact that I was in Waukegan at that time and 11 these -- this is a representation of the hotel I 12 stayed in -- I am sorry. No, this is representing 13 the time that I was in Chicago. 14 Q. And -- 15 A. On both occasions, both in July and 16 November. 17 Q. And are those visits to Chicago 18 matters which we will discuss later in this 19 deposition? 20 A. Yes. 21 Q. And the next document is entitled 22 "Guest Foley." What is that? 23 A. This is the motel that I stayed in in 24 the Comfort Inn in Waukegan, and it substantiates 25 that I stayed in the motel during the time that I 0218 1 said I was in Waukegan. 2 Q. Then there is a letter dated 3 August 19, 1992. 4 A. Copy of a letter I sent to Cynthia 5 Kisser. 6 Q. And are the contents of that letter 7 true and correct? 8 A. Yes. The purpose for the attachment 9 was because the defense provided by the Christian 10 Fellowship Church on the charges brought against 11 its minister and two associates was that the 12 charges were deliberately false and that it was 13 simply a conspiracy between law enforcement 14 officials and the Cult Awareness Network against 15 fundamentalist churches such as the Christian 16 Fellowship Church. This convoluted conspiracy 17 scheme that was created was aided by the Church of 18 Scientology. They were very much involved in 19 pushing this conspiracy theory. 20 Q. And the next page? 21 A. What are we referring to? 22 Q. The next page after that two-page 23 letter, August 19, 1992 appears to be something 24 entitled "Garry." 25 MR. WEINER: I am sorry, I am not following. 0219 1 MR. BERRY: We are in Exhibit-95. And we 2 are on page -- handwritten page after Page 1 and 2 3 of the August 19, 1992 letter. 4 MR. WEINER: Okay. 5 BY MR. BERRY: 6 Q. What is that document, that 7 handwritten note entitled "11/6/91"? 8 A. This is a personal letter that I got 9 from Reverend Peter Paine who is an associate 10 pastor of the Christian Fellowship Church. In the 11 body of the letter it refers to a conversation 12 that we had about some serious concerns that I 13 felt about statements that Eugene Ingram had made 14 in the creation of the declaration about me and 15 the feeling that I had that I had absolutely no 16 way to control Eugene Ingram and how to use those 17 declarations. And that's why he states in this 18 letter that "We were able to pray about and solve 19 some serious concerns you had about your 20 declaration and your involvement with Friends of 21 Freedom," which again is a front group for the 22 Church of Scientology. 23 Q. And when you say "declarations," are 24 you referring to the four declarations, Exhibits-9 25 through 13? 0220 1 A. Not only those four declarations but 2 the second revised declaration that I signed on 3 November 1st in Oklahoma City. 4 Q. And then there is a photocopy of an 5 envelope to you. What is that? 6 A. That is the envelope which this 7 letter was sent in. 8 Q. What is the next page? 9 A. This is a second letter from Reverend 10 Peter Paine in September 25th of '92. Personal 11 letter. 12 Q. And then the next page? 13 A. A letter from Peter Paine saying that 14 he had read my letter under the byline of 15 "Viewpoint." And "Do you have a list of 1,200 16 CAN members?" 17 Q. And the next pages as well? 18 A. Again, that's a copy of the envelope 19 this letter was sent in. And the next page is a 20 front copy of a church program that he sent me. 21 And then there is a copy of my 22 driver's license and I don't -- oh, that's right. 23 I marked "Pleasant" because this was a statement 24 under oath. Mark Pleasant asked me that I send 25 him a copy of my identification and that's what 0221 1 the driver's license represents. 2 Q. Now, Exhibit- -- I think there is 3 more to that document than we talked about so 4 far. We will come back to that. There is a 5 reference to a conversation with Mike O'Connor 6 which we will talk about later. 7 A. Yes. 8 (Defendant's Exhibit-No. 95 9 was marked for identification and is 10 bound separately.) 11 BY MR. BERRY: 12 Q. Exhibit-No. 96, what is -- that's a 13 four-page document. What is that? 14 A. This is a letter that I received from 15 Eugene Ingram prior to the time that he called me 16 and advised me he knew what I was up to with the 17 Cult Awareness Network. And in this letter he 18 simply talks about the arrest of Galen Kelly and 19 that his sources tell him that other deprogrammers 20 were going to be arrested in the kidnapping and 21 that the Cult Awareness Network has many more FBI 22 surprises on the way. And he writes "PS: I have 23 got television news videos too." 24 I also recall calling Judge Robertson 25 about this and about the fact that Galen Kelly was 0222 1 arrested because in the cult awareness conference 2 that I attended on behalf of Scientology in 3 November, I got into a confrontation with Galen 4 Kelly. And I was kind of celebrating the fact he 5 got arrested. And I called George Robertson and 6 told George that following receiving this letter I 7 called Eugene Ingram to ask him about it and 8 Eugene Ingram wouldn't answer his phone and George 9 said that's because Eugene Ingram has flown to, I 10 believe it was Boston or Pennsylvania, wherever 11 this arrest occurred, and he was going to meet 12 with law enforcement officials and the FBI 13 regarding Galen Kelly. 14 Q. And did you have any understanding as 15 to why he would do that? 16 A. It seems -- it seems to be a normal 17 routine with any time a deprogramming takes place 18 the Church of Scientology through Bowles & Moxon 19 will send Eugene Ingram to intercede in some way 20 to be sure that the deprogrammers were held 21 accountable for their actions. 22 Q. Do you recognize the handwriting on 23 Exhibit-96, the first page? 24 A. The handwriting is Eugene Ingram's? 25 He signs it Gene. 0223 1 Q. And the next two pages are the -- 2 A. Is the article. 3 Q. And then what is the final page? 4 A. Is the envelope that this came in. 5 Q. And once again is that Mr. Ingram's 6 handwriting as you know it? 7 A. It is his handwriting, yes. 8 Q. Now, let's deal with one final 9 exhibit for the day. 10 (Defendant's Exhibit-No. 96 11 was marked for identification and is 12 bound separately.) 13 BY MR. BERRY: 14 Q. Exhibit-97, what is that? 15 A. This is a police report which I filed 16 following a death threat I received on the 17 telephone telling me if I flew to Chicago, because 18 I had already declared on court record as a 19 state's witness in this case. And I received a 20 threatening phone call from someone saying that if 21 I came to Waukegan to testify that I would not 22 leave alive. 23 Q. And did you have any suspicion as to 24 who made that phone call? 25 A. Yes, I did. But I couldn't prove it 0224 1 so I told the police officer who I suspected it to 2 be, but that I had no proof. 3 Q. And who did you suspect it to be? 4 MR. WEINER: Objection to the question. 5 Lack of foundation. 6 THE WITNESS: A gentleman by the name of Al 7 Post, who was a member of the Christian Fellowship 8 Church 9 BY MR. BERRY: 10 Q. And was anything else -- 11 A. Well, only that the police officer 12 that wrote this told me that because of the 13 numerous reports that he had to file on the night 14 that he responded to my call that it took him two 15 to three days after the fact to write this. And I 16 noticed when I got a copy of the report that he 17 got a lot of his information misconstrued because 18 it states on the second page of the police report 19 that "I am an ex-Church of Scientology member who 20 was a witness in a sex abuse case" and later it 21 says, "The Church of Scientology has ties with 22 the" -- wait a second. It makes references to the 23 fact that the Church of Scientology was facing 24 trial for sex abuse charges, and again that 25 information was convoluted. 0225 1 Q. And then the last page is a business 2 card of Detective Mark Bigeagle. What was that 3 about? 4 A. This had no relationship to the 5 instant report. 6 Q. What did the business card relate to 7 then? 8 A. Let me look at the date of this just 9 to make sure. 10 It does have some relationship. Let 11 me explain. 12 On -- wait a second. 13 Q. Did you have another conversation 14 with the Portland police after this incident 15 report? 16 A. This is dated October 24th. Excuse 17 me. 18 Q. The incident report was taken by -- 19 A. I am going to read this first. 20 Q. If you look at the bottom, it looks 21 like it was taken by an Officer Bailey. 22 A. I am sorry, my information was 23 incorrect here. The voice on the phone sounded 24 like At Post because at the time that I was listed 25 as a state's witness in the Chicago case, I was 0226 1 also preparing for the October 26th deposition 2 with Dan Leipold in which Mr. Weiner represented 3 the Church of Scientology. And I received the 4 death threat on 10/24/92. And it sounded like 5 Mr. Post, which I don't recall. I remember 6 questioning why he would call me when he has 7 absolutely nothing do with the Church of 8 Scientology but I wasn't sure. But the person 9 that told -- that called me said that "You're 10 swimming in dangerous waters, my friend. Before 11 you give a deposition you better think how much 12 you value your life, my friend." I asked him what 13 that meant. And he said, "How does road kill 14 sound, my friend?" The caller then hung up. 15 I told the officer that it sounded 16 like Al Post. It was not Eugene Ingram. I know 17 his voice. It was not Eugene Ingram. But this 18 was called in the day before I had the deposition 19 with Mr. Leipold and Mr. Weiner here. 20 Q. And is the Christian Fellowship 21 Church associated with the Church of Scientology? 22 A. At the time that I was involved it 23 was at one point. They then broke off relations 24 with the Church of Scientology. 25 Q. And when you received this death 0227 1 threat, did you consider it to be part of any 2 Scientology sponsored policy or doctrine? 3 A. Well, I knew for a fact it was part 4 of the Fair Game Doctrine, yes. 5 MR. WEINER: Objection to the form of the 6 response. Nonresponsive and no foundation 7 BY MR. BERRY: 8 Q. In essence what is the Fair Game 9 Doctrine? 10 MR. WEINER: Objection to the form of the 11 question. 12 Q. What do you mean by Fair Game 13 Doctrine? 14 A. Fair Game Doctrine is a policy which 15 was initially created by L. Ron Hubbard back in 16 the '60's which is still used today, although the 17 Church of Scientology and its members deliberately 18 lie and say it no longer exists. And it is a 19 policy by which individuals which the Church of 20 Scientology perceives to be its enemies are 21 intimidated, harassed, threatened and anything 22 that would cause a person to be silenced in saying 23 anything critical of the Church of Scientology. 24 Not only myself but a number of my friends who are 25 ex members of the Church of Scientology have all 0228 1 been targeted under the Fair Game policy and have 2 been threatened and one has even been set up in a 3 phony car accident staged by the Church of 4 Scientology. 5 In the actual policy it states that a 6 target of the Fair Game policy can be lied to, 7 tricked or destroyed. And destroyed is very 8 self-explanatory. They give a Scientologist the 9 permission to murder someone that speaks out or is 10 critical of Scientology. 11 Q. Now, the final page of this exhibit 12 is the card of a Detective Bigeagle, 13 B I G E A G L E. 14 A. That's correct. This was not 15 included with the police report. Following the 16 October 26th deposition which Mr. Weiner says that 17 I was responsible for all the misconduct despite 18 evidence and facts that occurred at that time, 19 Mr. Leipold and I visited with a detective of the 20 Portland Police Bureau, Mr. Bigeagle, where we sat 21 down for approximately two and a half hours and we 22 talked to him about the Church of Scientology and 23 its insidious nature and the fact that it is not a 24 church but a criminal organization in and out and 25 we talked about the total circus that Mr. Weiner 0229 1 was responsible for at the deposition and how that 2 played into the entire Scientology scheme to 3 suppress individuals that are critical towards 4 it. And we asked for police protection. 5 MR. BERRY: It is now 5:09. I think at 6 Exhibit-98 it is an appropriate point to finish 7 for the today. 8 Do we resume at 9:30 tomorrow 9 morning? 10 MR. WEINER: We can. 11 MR. BERRY: The deposition is continued to 12 9:30 tomorrow morning, Wednesday, July 28. 13 (Continued on the next page.) 14 15 16 17 18 19 20 21 22 23 24 25 0230 1 VIDEO OPERATOR: We will go off the record. 2 The date is July 27, 1993. The time is 5:08 P.M. 3 This is end of Tape three in the continuing 4 deposition of Mr. Scarff. 5 (Defendant's Exhibit-No. 97 6 was marked for identification and is 7 bound separately.) 8 (TIME NOTED: 5:08 P.M.) 9 I declare under penalty of perjury 10 under the laws of the State of California 11 that the foregoing is true and correct. 12 Executed on ____________________, 13 19____, at __________________, California. 14 15 16 17 ________________________ 18 SIGNATURE OF THE WITNESS 19 20 21 22 23 24 25 0231 1 STATE OF CALIFORNIA ) ss: 2 COUNTY OF LOS ANGELES ) 3 4 I, LEE BRENNEMAN, C.S.R. No. 5222, do hereby 5 certify: 6 That the foregoing deposition of GARRY L. 7 SCARFF was taken before me at the time and place 8 therein set forth, at which time the witness was 9 put under oath by me; 10 That the testimony of the witness and all 11 objections made at the time of the examination 12 were recorded stenographically by me, were 13 thereafter transcribed under my direction and 14 supervision and that the foregoing is a true 15 record of same. 16 I further certify that I am neither counsel 17 for nor related to any party to said action, nor 18 in anywise interested in the outcome thereof. 19 IN WITNESS WHEREOF, I have subscribed my name 20 this 27th day of July, 1993. 21 22 23 24 _____________________________________ 25 LEE BRENNEMAN, C.S.R. No. 5222 0232 1 I N D E X 2 3 TUESDAY, JULY 27, 1993 4 5 WITNESS EXAMINATION 6 7 GARRY L. SCARFF 8 9 (By Mr. Berry) 21 10 (By Mr. Berry) 92 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0233 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 1 Multi-page document 29 6 entitled "Declaration 7 under oath of Garry Lynn 8 Scarff," dated 7/6/93 9 Volume I. 10 11 2 Multi-page document 31 12 entitled "Declaration 13 under oath of Garry Lynn 14 Scarff," dated 7/7/93 15 Volume II. 16 17 3 Multi-page document 32 18 entitled "Declaration 19 under oath of Garry Lynn 20 Scarff," dated 9/11/92. 21 22 4 Multi-page document 33 23 entitled "Personal 24 Contacts." 25 0234 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 5 Multi-page document 35 6 entitled "Deposition of 7 Garry Lynn Scarff," 8 dated 10/26/92. 9 10 6 Multi-page document 35 11 entitled "Deposition of 12 Garry Lynn Scarff," 13 dated 3/19/93. 14 15 7 Multi-page document 36 16 letter to Mr. Scarff from 17 Janice A. Badasci attached 18 deposition of Garry Lynn 19 Scarff, dated 5/6/93. 20 21 8 Multi-page document 38 22 entitled "The Total 23 Freedom Trap." 24 25 0235 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 9 Multi-page Declaration of 42 6 Garry Lynn Scarff. 7 8 10 Multi-page Declaration of 42 9 Garry Lynn Scarff. 10 11 11 Six-page Declaration of 43 12 Garry Lynn Scarff. 13 14 12 Multi-page Declaration 44 15 of Garry Lynn Scarff. 16 17 13 Multi-page Declaration 44 18 of Garry Lynn Scarff. 19 20 14 Two-page statement of 45 21 Garry Lynn Scarff. 22 23 15 Six-page document first 48 24 page driver's license of 25 Garry Lynn Scarff. 0236 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 16 Multi-page document 50 6 entitled "Complaint for 7 Damages from Intentional 8 Infliction of Emotional 9 Distress." 10 11 17 Two-page Declaration of 51 12 Garry Lynn Scarff. 13 14 18 Two-page Declaration of 51 15 Garry Lynn Scarff. 16 17 19 Five-page document 52 18 entitled "Declaration of 19 Garry L. Scarff in support 20 of opposition to Motion to 21 compel." 22 23 20 Two-page Declaration of 52 24 Timothy Bowles. 25 0237 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 21 Four-page magazine articles. 53 6 7 22 Two-page entitled 54 8 "Declaration of Karen 9 Hollander." 10 11 23 Two-page document entitled 54 12 "Church of Scientology." 13 14 24 Five-page entitled 55 15 "Personal Contacts." 16 17 25 Two-page newspaper articles. 56 18 19 26 One-page letter to 56 20 Mrs. Karen Hollander from 21 Garry L. Scarff. 22 23 27 One-page letter to 57 24 Carol Brooks. 25 0238 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 28 Two-page letter to Editor 62 6 from Garry Scarff. 7 8 29 Five-page letter to 63 9 John Kerns from Garry 10 Scarff, dated 5/6/91. 11 12 30 One-page letter to Garry 64 13 Lynn Scarff from Bowles 14 & Moxon, dated 10/4/91. 15 16 31 One-page photocopy of 64 17 checks. 18 19 32 One-page photocopy of 69 20 checks. 21 22 33 One-page photocopy of 70 23 checks. 24 25 0239 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 34 One-page newspaper article. 71 6 7 35 Two-page newspaper article. 72 8 9 36 One-page newspaper article. 73 10 11 37 Two-page document entitled 74 12 "Former Cult Awareness 13 Member Speaks Out; Reveals 14 Money Making Fraud," 15 dated 11/27/91. 16 17 38 One-page newspaper article. 76 18 19 39 Multi-page letter to 77 20 Board of Directors from 21 Garry Scarff, dated 22 12/16/91. 23 24 25 0240 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 40 Eight-page letter to 78 6 Mr. John House from 7 Eugene M. Ingram, 8 dated 12/6/91. 9 10 41 Two-page letter to 81 11 Field Director from 12 Garry Scarff, dated 13 12/6/91. 14 15 42 One-page letter to 82 16 Mr. Garry Lynn Scarff 17 from Timothy J. Connor, 18 dated 12/11/92. 19 20 43 Multi-page letter to 83 21 Board of Directors from 22 Garry Scarff, dated 23 12/16/91. 24 25 0241 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 44 One-page letter to Rev. 84 6 Kelly from Garry Scarff, 7 dated 12/26/91. 8 9 45 Three-page letter to 85 10 Sheryl from Garry Scarff, 11 dated 12/26/91. 12 13 46 Multi-page document 85 14 entitled "The Scope 15 of Scientology." 16 17 47 Multi-page document 88 18 entitled "Cult Awareness 19 Network Links to Violent 20 Deprogrammers." 21 22 48 Multi-page document first 89 23 page letter to Lt. Jones 24 from Garry Scarff, dated 25 1/2/92 with attachments. 0242 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 49 Multi-page letter to 98 6 Pastor from Garry L. 7 Scarff, dated 1/2/92 8 with attachments. 9 10 50 Multi-page handwritten 99 11 memo to David Butterworth 12 from Garry Scarff, dated 13 January 13, 1992. 14 15 51 Three-page letter to 100 16 Garry Scarff from George 17 Robertson, dated 18 January 13, 1992. 19 20 52 Two-page handwritten 102 21 document dated 1/19/91. 22 23 53 One-page photocopy of 103 24 article entitled 25 "Deprogrammers are kidnappers." 0243 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 54 Four-page handwritten memo 104 6 to David Butterworth from 7 Garry Scarff, dated 2/3/92. 8 9 55 One-page letter to Kirk 108 10 Oberfeld from Garry Scarff, 11 dated February 19, 1992, 12 with multi-page attachment. 13 14 56 Multi-page document entitled 110 15 "Affidavit For Search 16 Warrant," with two-page 17 attachment. 18 19 57 One-page letter to Priscilla 111 20 Coates from Garry Scarff, 21 dated January 4, 1992. 22 23 58 One-page document with 113 24 handwritten note to Adrian 25 from Garry, dated 2/12/92. 0244 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 59 Three-page letter to 115 6 Friends of Religious 7 Freedom from Garry Scarff, 8 dated February 23, 1992. 9 10 60 One-page letter to Garry 115 11 from Sheryl Ann Graf, 12 dated 2/29/92. 13 14 61 Two-page letter to Publisher, 119 15 Servant Publications from 16 Garry Scarff, dated 17 February 29, 1992, with 18 four-page attachment. 19 20 62 One-page letter to Garry 119 21 L. Scarff from Rodney I. 22 Page, dated February 29, 23 1992, with three-page 24 attachment. 25 0245 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 63 Three-page letter to Alana 121 6 Arnold from Eugene M. 7 Ingram, dated March 9, 1992. 8 9 64 Two-page letter to Sheryl 122 10 from Garry Scarff, dated 11 March 10, 1992. 12 13 65 One-page letter to Cynthia 124 14 Kisser from Garry Scarff, 15 dated March 15, 1992. 16 17 66 Two-page letter to Alana 130 18 Arnold from Garry Scarff, 19 dated March 17, 1992. 20 21 67 Multi-page document 134 22 entitled "Jim Boland 23 Kidnapping/Deprogramming - 24 Spring 1983," dated 25 April 7, 1992. 0246 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 68 Two-page document entitled 135 6 "Declaration of James F. 7 Boland." 8 9 69 Four-page document entitled 140 10 "Declaration of James F. 11 Boland." 12 13 70 Five-page letter to Rev. 142 14 John Kerns from Garry Scarff, 15 dated May 6, 1991. 16 17 71 One-page photocopy of 146 18 document entitled "Income 19 Invoice," to Garry Scarff 20 from Church of Scientology. 21 22 72 One-page letter to Gary 150 23 Scarff, dated June 4, 1992, 24 with multi-page attachment. 25 0247 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 73 Two-page letter to Garry 156 6 Scarff from Readers Forum, 7 dated June 2, 1992. 8 9 74 One-page letter to Friends 157 10 of CAN from Garry Scarff, 11 dated June 22, 1992. 12 13 75 Multi-page document, first 158 14 page entitled "PDS The 15 Pulse of Portland." 16 17 76 One-page letter to Gary 158 18 Scarff from R. S. Wintrode, 19 Jr., dated July 6, 1992. 20 21 77 One-page letter to Matthew 163 22 Shapiro from Garry Scarff, 23 dated July 14, 1992, with 24 multi-page attachment. 25 0248 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 78 Three-page letter to 177 6 Friends of the Cult 7 Awareness Network from 8 Garry Scarff, dated 9 August 4, 1992. 10 11 79 Six-page photocopy of 178 12 envelopes. 13 14 80 One-page photocopy of 182 15 envelope addressed to 16 Garry L. Scarff from 17 Eugene M. Ingram, and 18 cancelled check No. 5021 19 payable to G. Scarff, 20 dated August 14, 1992. 21 22 81 Two-page document, first 184 23 page photocopy of business 24 cards. 25 0249 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 82 Two-page letter to Cynthia 184 6 Kisser from Garry Scarff, 7 dated August 19, 1992. 8 9 83 Two-page letter to Edna 186 10 Selan Epstein from Garry 11 Scarff, dated August 31, 12 1992. 13 14 84 One-page letter to Matthew 186 15 Shapiro from Garry Scarff, 16 dated August 31, 1992. 17 18 85 One-page letter to Constance 188 19 Howard from Garry Scarff, 20 dated August 31, 1992. 21 22 86 Four-page phone bill to 193 23 Lynn Garrett from US West 24 Communications, dated 25 September 1, 1992. 0250 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 87 One-page letter to Alana 194 6 Arnold from Garry Scarff, 7 dated September 1, 1992. 8 9 88 Two-page letter to Fr. 196 10 Kent Burtner from Garry 11 Scarff, dated September 1, 12 1992. 13 14 89 Three-page letter to 198 15 Matthew Chancey from Garry 16 Scarff, dated September 4, 17 1992. 18 19 90 One-page photocopy of 198 20 envelope addressed to Garry 21 L. Scarff from Eugene M. 22 Ingram and Check No. 5038 23 payable to G. Scarff, dated 24 September 14, 1992. 25 0251 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 91 One-page letter to Daniel 203 6 Leipold from Garry Scarff, 7 dated October 1, 1992. 8 9 92 One-page letter to Friend 204 10 and Member of CAN from 11 Garry Scarff. 12 13 93 One-page letter to 205 14 Mr. Liepold from Garry 15 Scarff, dated September 13, 16 1992. 17 18 94 One-page letter to 212 19 Mr. Leipold from Garry 20 Scarff, dated September 17, 21 1992. 22 23 24 25 0252 1 DEFENDANT'S EXHIBITS 2 GARRY L. SCARFF 3 4 NUMBER DESCRIPTION IDENTIFIED 5 95 One-page letter to Garry 221 6 Scarff from Mark E. Pleasant, 7 dated September 24, 1992, 8 with multi-page attachment. 9 10 96 One-page handwritten letter 223 11 to Garry from Ingram 12 Investigations, with 13 three-page attachment. 14 15 97 Six-page document entitled 230 16 "Portland Police Bureau 17 Incident Report." 18 19 20 21 22 23 24 25 ================================================================= 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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