Epistle to Tom and David - From Attorney Graham Berry (posted to ars today)

Emma

Con te partirò
Administrator
GRAHAM E. BERRY
ATTORNEY & COUNSELOR AT LAW
3384 McLAUGHLIN AVENUE
LOS ANGELES, CA 90066
Telephone and Facsimile: (310) 745-3771
Email: [email protected]

April 18, 2008

MEET & CONFER LETTER
WRITTEN OBJECTIONS

By Email [email protected], Fax and by First Class Mail.

Ava M. Paquette, Esq.
Moxon & Kobrin
3055 Wilshire Boulevard, Suite 900
Los Angles, CA 90010


Re: Michael Pattinson v. Church of Scientology International,
USDC, CV- 98-3985.

Dear Ms. Paquette:

I know that David Miscavige (“DM”), Tom Cruise (“TC”) and you have
been expecting me as well as this Epistle to Tom and David. My clients
Anonymous “do not forgive. They do not forget.” Neither do I.

The world’s fastest shrinking religion and satanic based cult is now
locked in a struggle for “truth revealed” with the worlds fastest
growing global protest group of the technology age and the 21st
Century, ‘Anonymous.’ On Saturday April 12, 2008, as I participated in
the third monthly global picket of Scientology offices by over 10, 000
supporters of Anonymous in over 110 cities in over 42 nations, your
legal unit of the Church of Scientology Office of Special Affairs
(“OSA”) chose to very publicly serve me with a Judgment Debtor
Examination subpoena in the above-captioned case; using the “fruits”
of the demonstrably fraudulent and criminally based orders your OSA
Legal Unit and it’s co-counsel such as former Paul, Hastings partner
Samuel D. Rosen, Esq. and former Orrick, Herrington & Sutcliffe
partner Gerald Chaleff, Esq. obtained in the Pattinson, Berry and
Jeavon’s cases. At the time of this sordid service, in view of over
300 protestors, there was a global picket of over 10,000 people
against, among other things, your OSA legal units R.I.C.O. abuses of
the legal system.

In fact, it was a continuation of Scientology’s copyright frauds,
usually perpetrated through your own OSA Legal Unit, which triggered
the continuing monthly global protests against Scientology’s criminal
racketeering, human rights and civil rights abuses. This on-going
copyright fraud is frequently commenced by what is publicly and
derisively called the ‘Avagram;’ a letter or email from Ava Paquette
expressing reliance upon fraudulently obtained Scientology copyrights
to chill otherwise free speech, fair use, and fair comment. Indeed, it
was demonstrable copyright fraud, among other things such as my filing
of the L. Ron Hubbard Estate Probate Petition [click on
http://www.factnet.org/probate1.htm ], that led the Scientology RICO
enterprise to back-out of the RTC v. Erlich and the RTC v. FACT Net
cases! As you should also know, your copyright claims have weakened
even further since those settlements (with Scientology actually paying
over five million dollars in benefits to Rev. Dennis Erlich through
his pro bono lawyers at Morrison & Foerster).

This past Saturday morning at the junction of Sunset Boulevard and L.
Ron Hubbard Way, when your OSA Legal Unit had me served in front of
all of these protesters and gathered media, your very own Kendrick L.
Moxon, Esq. (an unindicted co-conspirator in U.S. v. Hubbard, 668 F.
2d 1238 (1981) was watching from some 40 feet away. The service
occurred in front of “The Way to Happiness,” which was unlawfully
closed to the general public upon instructions to the LAPD from
Scientology attorney Kendrick L. Moxon. The resulting civil rights and
other violations have been and are being separately addressed to more
appropriate local, state and federal venues.

Attorney Moxon’s active participation in the stipulated provision of
fabricated evidence, as part of a stipulated conspiracy to obstruct
justice in the largest ever criminal infiltration of the United States
Federal Government, is described in the 284 page stipulation of
evidence agreed to and signed by attorneys for the Church of
Scientology. Mr. Moxon’s own criminal role is explained at pages 197,
198 (footnote #143), 213, 214 and 239 of the Stipulation of Facts
entered into by the Church of Scientology attorneys and the U.S.
Department of Justice. It can be read at this hyperlink:
http://www.lermanet.com/reference/stipulationUSvsMSH.txt Also see
http://en.wikipedia.org/wiki/Operation_Snow_White and
http://www.holysmoke.org/cos/mary-sue-hubbard-et-al-sentencing-memorandum.htm
and http://www.antisectes.net/usa-vs-msh-appeal-memorandum.htm and
http://www.holysmoke.org/grand-jury.htm

Mr. Moxon’s involvement in the current R.I.C.O. enterprise commenced
just a few short years after this devastating description of his and
his Church’s criminal activities. It included his early 1980s
participation in the execution of the church’s copyrighted policies
and practices for “the handling of Suppressive Persons” against former
Scientologists and litigants Gerry Armstrong and Lawrence Wollersheim,
and it continues in an unbroken chain through to today. Later this
summer I expect to publicly examine many witnesses to much of this
RICO activity and other civil rights and human rights violations! See,
http://www.fairgamed.org/nocancl1.htm Also Google: Moxon and dog and
Swearinger. Finally, Google: Kendrick Moxon and scientology.

I. SUMMARY OF PERTINENT BACKGROUND FACTS AND CIRCUMSTANCES

Clearly, this latest abusive legal process you have served upon me
last Saturday is not about the sanctions obtained herein through
multiple frauds upon multiple courts. Instead, it is more about trying
to chill the exercise of my First Amendment rights to protest
Scientology Disconnection policies, and other Scientology related
abusive and coercive conduct, which has destroyed so many families.
These civil and human rights abuses were the theme of the world-wide
anti-scientology pickets of that day. Next month, the protest issues
will include the very essence of the “Fair Game” activities that your
organization has been employing against me personally, with many tens
of millions of tax exempt celebrity dollars, for over 15 years. Your
R.I.C.O. enterprise’s more recent brutal and terrifying invasion of
privacy and intimidation of hundreds of young Anonymous protesters and
their parents, with home visits from hundreds of Scientology hired
goons, has been properly described by various media out-lets as
despicable and blatant criminal civil rights violations. In light of
my April 11, 2008 filings in that regard, your April 12 service of me
assumes an ominous and suspicious hue.

Even more blatantly, your flamboyant service this past Saturday
morning followed only 21 hours after the LAPD received a letter and
enclosures from me, as one of the pro bono counsel for Anonymous,
complaining of serious civil rights and other criminal violations
being perpetrated by both the Scientology enterprise and your office/
OSA Legal Unit against numerous Anonymous protest participants and
requesting emergency LAPD intervention. These young Anonymous
protesters have been stalked, identified and harassed by the hundreds
of private investigators you and your OSA legal unit have hired, to
intimidate these courageous youths and young adults. Significantly,
the currently relevant portion of that April 11, 2008 letter to the
LAPD read as follows:

CIVIL RIGHTS AND R.I.C.O. VIOLATIONS
L. Ron Hubbard Way, Los Angeles
March 15, 2008 and April 12, 2008

CONFLICTS OF INTEREST. TOTAL SCREENING REQUESTED.

Police Command Team member, L.A.P.D attorney, Gerald Chaleff, Esq.
has been one of the senior most attorneys in the Church of Scientology
legal teams and is a participant in the long history of R.I.C.O.
violations that are the subject of the criminal R.I.C.O.
investigations that are being requested by further filings next week.
He has also been a co-counsel with Scientology lawyers Moxon, Kobrin
and Paquette in Church of Scientology cases and litigation conduct
during the early to mid 1990s, when he moved to the L.A. City
attorneys office to intervene in resulting requests for prosecution
that are part of the 25 years R.I.C.O. activity that is being
addressed in the filings. These filings and associated requests are
being submitted to local, state and federal law enforcement and
legislators. As the Commanding Officer of the LAPD R.I.C.O. Consent
Decree Bureau, Police Administrator Gerald L. Chaleff, Esq. has a
clear conflict of interest in these matters and he should be precluded
from having any access to any part of these matters, or any knowledge
of these matters.

Similarly, Paul Paquette, Esq. of the L.A. City Attorneys Office
(R.I.C.O. consent decree unit) is a Scientologist and is married to
Ava Paquette, Esq., who is an attorney in the Church of Scientology
Office of Special Affairs Legal Unit known as Moxon & Kobrin. She is a
participant in the R.I.C.O. relief to be requested, and is involved in
the initial matters addressed herein by way of this emergency request
for immediate intervention and immediate remedial measures to be taken
in connection with the Anonymous global protests on April 12, 2008-one
of which will take place on L. Ron Hubbard Way from 11 AM until 1-30
PM.
See: Supporting Declaration of Graham E. Berry (“Berry Declaration”)
paragraphs 12, 30-38, 42, 46-48, 57, 94, 115, 126-140.
*

Some of the racketeering conduct, directed at me personally, by your
office/OSA-Legal Unit has been described on pages 20-80 of the
hyperlinked email version of this January 21, 2002 letter to the U.S.
Department of Justice: http://www.lermanet2.com/reference//Graham_Berry/criminalcomplaint.htm
http://www.holysmoke.org/gb/gb.htm
http://www.freedomofmind.com/resourcecenter/groups/s/scientology/berry_012102/
http://www.whyaretheydead.net/krasel/ottman_html/15.htm
http://www.fairgamed.org/gberry1.htm

In addition to the evidence referred to therein, much of it still
protected in safe places, there is the subsequent evidence of further
obstruction of justice perpetrated against me by your Mr. Moxon at the
Dandar disqualification hearing in the Lisa McPherson v. Church of
Scientology wrongful death case; specifically the suborning of perjury
from Stacy Brooks and rebutted by the corroborated testimony of her
former husband the late Robert Vaughan Young. Then there is the new
evidence obtainable from some of the actual participants in your OSA
Legal Units racketeering activity against me.

Interestingly, only this year the head of the Church of Scientology in
New Zealand confirmed in a public statement to the media that the
Church of Scientology had hired private investigators to follow me
when I had been visiting my parents in New Zealand in 1995/1996. “I
think we were curious about what Graham Berry was up to,” said
Scientology Rev. Mike Ferris. http://www.stuff.co.nz/4403031a20455.html

You may also recall, from previous matters, that your private
investigator on that occasion was requested, but refused, to engage in
an unlawful wiretap of my parent’s telephone. In refusing those
instructions of Scientology’s Office of Special Affairs, in which you
and the Moxon & Kobrin OSA Legal Unit also work, the private
investigator commented that “the New Zealand Police treat unlawful
telephone tapping much more seriously than appears to be the case in
the United States.” At least as it concerns Scientology’s Office of
Special Affairs that appears to be a true statement. As I wrote on
pages 51-52 of my January 21, 2002 criminal, civil rights violations,
etc. complaint the U.S. Attorney –General:

“The Hurtados went along with whatever the lawyers, Wager and Moxon,
and Scientology’s investigator Ingram told them to do. The Hurtados
even went so far as to allow Ingram to tap their phone to entrap me. I
had similarly found Abelson and Scientology illegally tapped into my
telephone line on December 11, 1996. The FBI did nothing on that
occasion either. Illegal wiretapping is par for the course for the
Church of Scientology: “The Scientology Guardian’s Office Group [now
renamed “OSA”] illegally wiretapped several federal agencies,
including the Internal Revenue Service (“IRS”), a perennial
Scientology foe.” http://www.christianitytoday.com/ct/2000/010/7.90.html

In fact, Michael Hurtado did not agree with Wager and Moxon to sue me
because of what was allegedly done to him. Instead, Michael Hurtado
testified he had (only) sued for money (as opposed to something I had
done to him) and because of the contents of the perjured First
Cipriano Declaration, which Moxon showed him and discussed with him.
Accordingly, Moxon was using perjury he had been instrumental in
extorting to procure yet more perjury to file a merit less lawsuit
with which to intentionally obstruct justice in Berry v. Cipriano,
Barton, Miscavige, Church of Scientology International, Ingram (Moxon,
Abelson) and later to file two frivolous lawsuits, a federal
bankruptcy claim and numerous (fraudulent) insurance demands starting
at $750,000.

Wager did not meet with Michael Hurtado until January 22, 1999, after
Wager had met with Abelson, Ingram, Moxon and the Hurtado family.
Michael Hurtado has testified that he was told by Ingram that Moxon
was “an attorney watching Berry for a long time because Berry is a bad
person.” Moxon had “been trying bury the guy [Berry] for his
wrongdoings [against the Church?] for a long time.”

http://www.lermanet2.com/reference//Graham_Berry/criminalcomplaint.htm
http://www.holysmoke.org/gb/gb.htm

Since the time you fraudulently obtained the orders you did in this
Michael Pattinson case, and in the associated Berry and Jeavon’s
cases, there has been much adverse comment upon what your many co-
counsel had the Federal had and State Judges wrongly do herein.
Perhaps they will one day show the same strength of judicial character
as did D.C. District Court Judge Leona Brinkema in RTC v. Lerma where
she stated, in a November 25, 1995 Memorandum Opinion that, “the Court
is now convinced that the primary motivation of RTC in suing Lerma,
DGS and The Post is to stifle criticism of Scientology in general and
to harass its critics.” Similarly, U.S. Special Master James Kolts has
ruled that “Plaintiffs [the Church of Scientology] have abused the
federal court system by using it, inter alia, to destroy their
opponents rather than to try and resolve an actual dispute … This
constitutes extraordinary, malicious, wanton and oppressive conduct.”
See generally, http://www.lermanet.com/scientology/legal/main.html .

Indeed, only last week the New York Village Voice, in a March 11,
2008, story by Tony Ortega titled, “How ‘Anonymous’ has Changed the
Game of Exposing Scientology’s Ruthless Global Scam,” wrote:

“In another story, we put the lie to the church's claim that it no
longer practices "Fair Game"--L. Ron's famous edict that his troops
should engage in dirty tricks to bury its perceived enemies. In
"Double Crossed," we detailed one of the most hellacious cases of Fair
Game in recent years, the smearing of attorney Graham Berry with the
use of a coerced, false affidavit claiming that Berry was a pederast
who went after boys as young as 12. When the man who made that false
affidavit, Robert Cipriano, was sued by Berry in a defamation suit,
the church, in order to keep him from recanting his false claims,
offered to represent him in the lawsuit for free, donated thousands to
Cipriano's nonprofit projects, and even got him a house, a car, and a
job at Earthlink (which had been founded by Scientologists).” Emphasis
added.

You can remind yourself of some your office’s frauds, crimes and
ethical violations against me by reading the story here
http://www.phoenixnewtimes.com/1999-12-23/news/double-crossed/ The
Church of Scientology now compares me to Hitler, Mussolini and Stalin
and brands me an “Anti-Religious Extremist” even though I say my
Episcopalian prayers every night before sleep.
http://www.religiousfreedomwatch.org/anti-religious-extremists/

This website is demonstrably connected to the Office of Special
Affairs in which you work, as also did the fiancé of Los Angeles
Superior Court Judge Alexander Williams at the same time he was
refusing to recuse himself from your legally merit less vexatious
litigant petition and doing the bidding of Gerald Chaleff, Esq., and
you who were also representing the Church of Scientology against me.
Concurrently, your office was engaging in similar wrongful conduct in
the Pattinson v. Church of Scientology case and using the fruits of
frauds upon two Los Angeles Superior Courts to perpetrate equally
serious frauds upon the federal court in this Pattinson v. CSI case
(and the related Reveillere v. Pattinson case) including the sanctions
order herein, suspiciously worded as if written within the Office of
Special Affairs itself. See generally, http://www.lermanet.com/reference/CiprianoVexatious08.20.99.pdf
Also further URLs to some of the evidence:
http://www.lermanet.com/search/sessearch.php?ae=%EF%BF%BD&q=vexatious&op=and&cnt=25&sec=&pvdc=0

Against this background of demonstrable and directly related
blackmail, bribery, perjury, fraud and obstruction of justice, among
other things, you now use the fraudulently obtained and now clearly
inequitable order from Michael Pattinson v. Church of Scientology
International for the further improper purpose of trying to chill my
First Amendment rights as part of a massive and demonstrative R.I.C.O.
enterprise dating back over twenty-five years and involving many of
the same corporate and individual participants throughout. For
example, Captain David Miscavige, Michael Rinder, Rev. Lynn Farney,
Kendrick Moxon, Esq., Helena Kobrin, yourself and private investigator
Eugene Ingram (himself formerly of the L.A.P.D.). Crimes built upon
crimes and frauds built upon frauds, in a host of overlapping civil
law suits, criminal conspiracies and criminal conduct comprising a
rich mosaic of obstruction of justice and public corruption. As GO/OSA
operations go, this massive public corruption was actually a
relatively small project. The reported judicial decisions and
stipulated evidence demonstrate that even the U.S. Department of
Justice and the I.R.S. were burgled by OSA’s predecessor as the B1
Division of Department 20, where Scientology attorney Kendrick L.
Moxon was an Assistant Guardian and active participant. See generally:
http://en.wikipedia.org/wiki/Office_of_Special_Affairs .
OSA is now the home of Scientology’s Department 20 and its B-1 and B-2
divisions. In 1993 DM and OSA made fraudulent material
misrepresentations to the IRS concerning all this, as part of DM and
Moxon’s coercion and corruption of this branch of the U.S. Department
of the Treasury.

However, since January 13, 2008 things have been going from bad to
worse for OSA and its faux religious front, the churches and
corporations of Scientology. As a direct consequence of your own
copyright abuses in trying to remove scientology related documents and
videos from the Internet, your own OSA Legal Unit has angered and
activitated tens of thousands of people around the globe.

Fatally, you have responded by unmasking and attacking hundreds of
these young Anonymous picketers, accusing them in false police reports
of fabricated wrong-doings, and now by attacking their more visible
representatives such as Tory Christman. See, http://en.wikipedia.org/wiki/Tory_Christman
and http://www.torymagoo.org/

Similarly, and just a few days earlier, you publicly served me with a
subpoena really intended to chill my first amendment rights as a
citizen and my professional duties as one of the pro bono counsel to
the global Anonymous group. And what is the net result of all this
continued racketeering activity by the Scientology enterprise? It
includes, within just three months: (1) an over 50% drop in
Scientology’s gross income (“g.i.”); (2) an over 50% drop in those “on
course” or being “processed” by the cult; (3) staff, including very
senior executives, leaving Scientology in record numbers such that
Scientology’s “Gold Base” at Gilman Hot Springs is now down from about
1,200 staffers to about 400 staffers, of whom some forty senior
executives are under guard in the “SP Hall” or “hole;” (5) major
unhandled PR “flaps” worldwide; (6) the posting of the entire
Scientology ‘Bridge to Total Freedom’ on Wikileaks where it will
likely remain available to “the Free Zoners” and merely curious
alike.

Ironically, Hubbard’s ‘Bridge to Total Freedom’ does not include
freedom of thought, word or deed. However, we know that DM and TC are
nervous. They know they are surrounded by subordinates who are
potential traitors to them personally and who are daily betraying them
with a flood of organizational leaks never seen before in this
totalitarian and paramilitary organization which is strictly
compartmentalized into operating units with information on a “need to
know” basis only, and with strongly enforced rules against “nattering”
and “doubt” among the ranks. Any moment a disgruntled senior
executive, perhaps badly battered and violently beaten by DM, may
escape from the “SP Hall” or “hole” at the “Gold Base” in Gilman Hot
Springs, run like Rinder, and turn state’s evidence. After all, “the
first [of you] to testify will get immunity and the rest [of you] will
get federal prison.” Neither DM nor TC would do very well there.

Last week alone the following events also occurred: (1) Scientology
schools were shut down in Israel and Denmark for not meeting the
State’s curriculum and student performance requirements; (2)
Scientology facilities were raided and shut down by the Government in
Belgium; (3) Scientology closed it’s doors in Düsseldorf, Germany and
in several locations in the U.S.; (4) Scientology encountered even
more problems in Russia; (5) Tom Cruise’s 32 year old German driver
became another “suicide” victim [as did Clearwater, FL. Scientology
critic Shawn Lonsdale several weeks ago]; (6) Germany, France and
Belgium continued working on a plan to ban Church of Scientology
International (and OSA) as a foreign headquartered terrorist group
(in California, USA); and (7) Jenna Miscavige, the niece of
Scientology’s supreme leader, picketed against her former church with
Anonymous in Los Angeles, standing right outside the doors of OSA.
There the following telling encounter occurred. Amy Zack asked your
security guards to request her sister Kelly to come down and speak
with her on the sidewalk. Amy wanted to tell her older sister Kelly
that she was pregnant, and that Kelly was about to be an Aunt. Kelly,
a member of your Sea Organization, was working upstairs and near your
own offices as Amy spoke to the Church of Scientology International
security guards in the OSA building lobby. The Church of Scientology
and OSA representatives refused to permit even this shred of humanity
and family to exist between the two sisters; one a Scientology OSA
staffer and one a former Scientologist.

This week has not been any better for your OSA-Legal Unit. By way of
example only: (1) Former Scientology celebrity actor Jason Beghe has
left the church and labeled it “brainwashing” and “dangerous” in media
appearances; (2) another Scientology-related “suicide” occurred, this
time involving the daughter of a parliamentarian in Norway [see
generally, http://whyaretheydead.net ]; (3) Boston school officials
expressed concern about the curriculum of Scientology “Applied
Scholastics” schools in Boston; and (4) OSA ran an unsuccessful “op”
to shut down the You Tube account of former 30 year Scientologist, OT
VII and OSA volunteer Tory Christman (so beloved by the Anonymous
young).

Your response, only three days earlier, was to attack me as though I
am the only “Who” and “Why” in all that has happened to much diminish
and expose Scientology since I filed the upper level (OT) materials in
the Fishman & Geertz case. As you know, this OT filing ultimately
freed Xenu from his captivity as a religious “trade secret,” which OSA
had successfully argued in the Vien case and in the civil R.I.C.O.
cases OSA ironically filed in RTC v. Scott.

These defeats that Scientology has regularly suffered since the Yanny
I and Yanny II cases of 1989-1991 are the ‘end product’ of OSA’s very
own R.I.C.O. activities. David Miscavige, Tom Cruise, OSA and the
Church have “pulled it in themselves” to use their own vernacular.
Consequently, the “state of emergency” that has existed in the Church
for nearly ten years is entirely of DM’s and TC’s own making.

For example, just look at the current “end product” of the many
million dollars of celebrity tax exempt dollars that the Church of
Scientology has spent just to destroy me, since February 1994. Both
Church of Scientology Secretary and OSA Internet Unit C.O. Rev. Lynn
Farny, and the OSA Legal Unit’s Kendrick L. Moxon, have testified that
in February 1994 they directed disgraced former LAPD Sergeant Ingram
to, in essence, “utterly destroy” me. As evidenced by the documents
and the witnesses, they then blackmailed and bribed Robert Cipriano
(and along with Aznaran, Scarff, Hurtado, Apodaca and Brooks), and
obstructed justice and corrupted courts on an amazing scale, even for
the notorious and infamous Church of Scientology. In February 1994 I
had not spoken about Scientology outside of the court room, and I
would not picket the cult for another five years. All I had done was
to successfully participate in the Yanny I and Yanny II cases, the
Armstrong II case, the Fishman-Geertz case, and to provide material
assistance to Floyd Abrams, Esq. in the Time magazine case. Of course,
until I came along no lawyer had ever used former senior
scientologists as expert witnesses against the Church of Scientology
in litigation, for example, the Aznarans, the Tabayoyons, the Youngs
and the Whitfields.

The evidence establishes all this R.I.C.O. crime and corruption beyond
any reasonable doubt. Hence, the need for ‘posting’ Gerald Chaleff,
Esq. and your own husband Paul Paquette, Esq. to their respective
R.I.C.O. supervisory positions at the Los Angeles Police Department
and the Los Angeles City Attorney’s office. Indeed, if eminent pro
bono counsel were to volunteer representation, I would promptly move
to set aside all of the relevant and related orders your OSA-Legal
Unit obtained through frauds upon the court and corruption in the
Berry case (s) before Judge Alexander Williams, III, and obtained
using the fruits of those frauds and that corruption in this Michael
Pattinson v. Church of Scientology case before Federal Judge Snyder.

The “end product” of all that you have spent on “utterly destroying”
me has only made things progressively worse for the Church of
Scientology and its well documented criminal conduct and civil rights
abuses. Ordinarily, some one should be doing Scientology “lower
conditions” for such a massive ‘operation foot bullet.’ Of course,
this cannot happen because it was David Miscavige’s own orders,
“crossing corporate lines,” that had triggered the start of
Scientology’s R.I.C.O. activity against me in 1994, in an arrogant and
lawless continuing material breach of Miscavige’s 1993 secret tax
settlement agreement with the U.S. Department of the Treasury/IRS.
This is also a matter that my pro bono client Anonymous is preparing
to take to appropriate forums for investigation. I am sure that
“Scientology [still] welcomes a public investigation.”

As an aside, it has been reliably reported to me that from time to
time David Miscavige has bull sessions with some of his senior
executives. At those bull sessions he has reportedly disclosed and
discussed the contents of customers/parishioners confidential pre-
clear folders [written confessionals]. For example, it is reported
that David Miscavige has said that “something has to be done about
TC’s gay thoughts and about JT’s gay encounters.” That is disgraceful
duplicity and breach of confidences!

Now that I have put your abusive litigation and hypocrisy into their
proper context, within the totality of the circumstances of the on-
going R.I.C.O. enterprise (that the manner in which you obtained the
various court orders herein were a part of), I shall address the
deficiencies and defects in the document demand attached to your
subpoena of me obtained April 2, 2008 and blatantly held for harassing
public service on April 12, 2008.

II. WRITTEN OBJECTIONS AND MEET AND CONFER MATTERS

You have sought production of the following documents, and my
responses are hereunder. Specifically, objection is made to the
discovery and production of the testamentary instruments of third
parties on the grounds of both first party and third party rights to
privacy and relevance to my current income and assets (or lack thereof
due to your fraudulently obtained orders).

1. All state tax returns from 2005 through 2007:
These will be produced.

2. All federal tax returns from 2005 through 2007:
These will be produced.

3. Any and all trust accounts in the name of any third party and which
contains assets held for your benefit:
There are no such accounts or assets.

4. Any and all documents reflecting the last will and testament of any
third party and which bequeaths any assets to you:
To the best of my knowledge there are no such documents. Objections:
relevance; first and third party rights to privacy.

5. Any and all documents executed by your father which bequeaths any
assets to you:
To the best of my knowledge there are no such documents within my
custody or control. Objections: relevance; first and third party
rights to privacy.

6. Any and all documents executed by your mother which bequeaths any
assets to you:
To the best of my knowledge there are no such documents within my
custody or control. My late mother did not bequeath any assets to me.
Objections: relevance; first and third party rights to privacy.

7. Any and all documents executed by your sister which bequeaths any
assets to you.
To the best of my knowledge there are no such documents within my
custody or control. Objections: relevance; first and third party
rights to privacy.

8. Any and all documents in the name of Jane Scott which reflects
assets held for your benefit.
To the best of my knowledge, Jane Scott does not hold any assets “for
[my] benefit.”

9. Any and all stocks, bonds or other securities in which you have an
interest.
There are no such securities or interests.

10. Any and all documents reflecting any interest in any mortgages or
trust deed on real property.
There are no such documents or interests.

11. Any and all documents reflecting an interest in any promissory
note, drafts, bills of exchange, commercial paper or other
instruments.
There are no such documents or interests.

12. Any and all documents reflecting any interest in any joint
ventures.
There are no such documents or interests.

13. The most recent statement from any bank, credit union, savings
institution, thrift and loan or other financial institution.
I have been unable to maintain any bank accounts, etc. for over nine
years due to the policies, practices, conduct and activities of you
and your fellow R.I.C.O. co-conspirators herein.

14. Any and all documents reflecting your right to access any safety
deposit box on yours or another’s behalf.
I have no documents reflecting any such right of access to any safe
deposit box. Jane Scott has such a safe deposit box which merely
contains, for the benefit of local/state/federal law enforcement,
originals and copies of over fifty documents either written by or
signed by your own Kendrick L. Moxon, Esq. and evidencing the bribery,
blackmail, obstruction of justice and public corruption engaged in
herein by him and his fellow R.I.C.O. co-conspirators such as
yourself.

15. Any and all documents reflecting any powers of attorneys you
possess to sign checks or other instruments for the payment of money
on any account.
There are no such powers of attorney or documents.

16. Any and all documents reflecting the ownership or leasing of any
automobile.
I have not owned or leased any automobile since 2001 when you
yourself, along with your fellow R.I.C.O. co-conspirators, violated
applicable federal bankruptcy and California State laws by filing
perjured and otherwise false documents with the California Superior
Court in connection with the unlawful seizure of my clearly exempt
property 1988 Jeep Cherokee.

17. Any and all documents reflecting any interest in any security
agreements or liens on personal property.
There are no such interests or documents.

18. Any and all judgment (sic) you may have against another.
There are no such documents. [Yet!]

19. All documents reflecting the fact that you are the beneficiary of
a trust.
There are no such documents in my possession. I have not received the
benefit of any trust at any time. I am unaware of the existence of any
circumstances that would permit me to be the benefit of any type of
trust at this time.

20. Any and all documents reflecting any inheritance in any money or
property
Assuming you are referring to me, there are no such documents within
my custody or control. Currently, I have no expectation of any such
inheritance. Objections: relevance; first and third party rights to
privacy.

21. Any and all documents reflecting any interest in the estate of any
deceased person.
There are no such documents or interests. Objections: relevance; first
and third party rights to privacy.

22. Any and all documents reflecting any interest in any will.
To the best of my knowledge the only responsive document within my
custody or control is my own will which is objected to, and absent a
court order, will not be produced on the grounds of privacy and
relevancy. Without waiver of this objection, the entirety of my value-
less estate is bequeathed to my sister and niece. Objections:
relevance; first and third party rights to privacy.

23. Any and all documents reflecting any assignment of any insurance
policy, judgment or cause of action.
There are no such assignments, judgments or insurance policies. The
only applicable causes of action [other than as against Church of
Scientology related entities and individuals] concern: (1) a $1,500
crystal tower; (2) and an outstanding unpaid and undisputed statement
of outstanding legal fees and disbursements in the amount of $427,
533.34 owed by Life Arts Center, Inc. d/b/a City Gym, Bent Corydon and
Maria Pena (in connection with nearly three years of often full time
engagement, and a three week jury trial, against a total of seven
attorneys).

24. Any and all documents reflecting any life insurance you may be
entitled to on behalf of another.
To the best of my knowledge there are no such documents, policies or
entitlements.

25. Any and all documents reflecting any loans or outstanding
invoices owed to you.
There are no loans owed to me. The only outstanding invoice owed to me
is in the amount of $427, 533.34 owed by Life Arts Center, Inc. d/b/a
City Gym, Bent Corydon and Maria Pena. Objection is made to the
production of “all documents reflecting any … outstanding invoices
owed to [me]” upon the grounds of the attorney-client and attorney-
work product privileges. However, without waiver of this objection,
the most recent invoice/statement of fees dated May 30, 2007 will be
produced. The services were primarily performed in connection with the
successful defense (at a three week jury trial) of Bent Corydon, Maria
Pena and the Life Arts Center, Inc. d/b/a City Gym against a 50%
ownership interest and $500,000 claim by their former attorney Derryl
Crossman. As you may recall, Bent Corydon is the author of L. Ron
Hubbard, Messiah or Madman and the Life Arts Center is the former
Scientology Riverside Mission building which David Miscavige sought to
acquire as part of the Scientology v. Corydon litigation in the late
1990s.


26. Any and all documents reflecting the appointment of a receiver,
trustee or custodian for [me] or [my] property.
Upon the assumption you are not referring to my 1999 bankruptcy
proceeding, there are no such documents. If my assumption is incorrect
then please so advise me immediately.

27. Any and all documents reflecting financial statements or loan
application (sic) you have made in the last three years.
There are no such documents and, to the best of my recollection, there
have been no such loan applications.

28. Any and all documents reflecting your signature as a co maker,
guarantor, or endorser on any loan or other obligation.
There are no such documents, loans or obligations.

29. Any and all documents reflecting any billings for attorney’s fees
and costs.
Objection is made hereto upon the grounds of attorney-client privilege
and confidentiality, attorney-client work-product, relevancy and the
third party right of privacy of those clients. Without waiver of the
foregoing objections: (1) the only unpaid attorney’s fees and costs
are as set forth in Document Demands Number 25 above and Number 30
below; (2) the payments for all but one other billing ($262.00) are
contained in the aggregate gross income set forth within the tax
returns being produced; (3) I have only received $262.00 in fees this
year and, except for the $428,000.00 uncontested and overdue Bent
Corydon billing set forth in Document Demands Number 25 above and
Number 30 below, no other fees or costs are currently owed to me [as
OSA surely intended when it commenced its still continuing Project
Berry in February 1994].

30. Any and all documents reflecting any debts owed to you.
The only such responsive documents are, subject to objections, set
forth in the above responses to Document Demands number 25 and 29
above, and the approx. $27,000 owed me by Lumin-Oz, Inc. which you
received in connection with an earlier Examination Under Oath. You
declined to seek an assignment of that debt when it was still a good
debt and offered up to you. OSA thereby revealed the truth of
Scientology’s real agenda here (and in the concurrent litigation
abuses still being perpetrated in the Henson, Armstrong and other
R.I.C.O. related cases).

If the above responses, objections and offers are unacceptable to you,
your nominal client Kendrick Moxon, OSA and Captain David Miscavige,
then so advise me by written communication actually received by me no
later than 5 PM on Tuesday April 22, 2008, so that a motion for a
protective order and other appropriate relief may be timely filed with
the federal court.

Furthermore, because the largest national court reporting service in
the United States is Atkinson, Baker which pays 10% of it’s gross
income to the World Institute of Scientology Enterprises (W.I.S.E.),
and because this money is paid “up-lines” to the central reserves of
the Church of Scientology International (and then “up lines” to
Religious Technology Center and Church of Spiritual Technology), I
insist upon my own truly independent record of your scheduled Judgment
Debtor Examination of me. Accordingly, I shall be bringing my own
volunteer videographer to video tape the May 5 travesty of justice
herein. See generally, Atkinson-Baker & Associates, Inc. v. Kolts, 7
F. 3d 1452 (9th Cir. 1993) and 846 F. Supp. 637 (C.D. Cal. 1994).
*[DM knows who used that authentication symbol].

III. OTHER RELATED MATTERS

Last and not least, earlier this week OSA and your OSA legal-unit
attempted to muzzle the voice of my very good friend Tory Christman on
You Tube. Yesterday, OSA and your OSA legal-unit have caused the
suspension of my very good friend Mark Bunker’s “xenutv1” account on
You Tube; for broadcasting an interview with former celebrity
Scientologist Jason Beghe.
See http://gawker.com/5006158/jason-beghes-anti+scientology-video-cance
The day before that you threatened another person with financially
crippling copyright litigation unless they removed the word
Scientology from their Internet website. Ava, even you should know
that neither Coca-Cola nor the Church of Scientology can lawfully
restrain the mere mention of their names in a non-commercial and non-
exploitative context.

In all of the circumstances, there can be little wonder as to why
various European governments are now seeking to ban the Hollywood
headquartered Church of Scientology International (and it’s OSA) as a
“foreign headquartered terrorist organization.

Accordingly, on behalf of my pro bono client (s) the various
participants in Anonymous, and in my own behalf, I express my outrage
at such Orwellian violations of the First Amendment and all of our
civil rights. Are you first an officer of the California and Federal
Courts, or are you first a Scientologist complying with Keeping
Scientology Working #1 and the handling orders being screamed and
belted down by Captain David Miscavige and his best vacation buddy TC?
Obviously you cannot be both and by the above-described conduct both
you and your various co-counsel have shown that you are loyal to David
Miscavige and Scientology first, and to your oath as an officer of the
court last!

My clients are legion. Expect them.

Very truly yours,


Graham E.
Berry


P.S. CSW please, and don’t forget to word clear any MUs.

Cc: * (“Never gonna give you up.”) <gr.> Ron, you’ve been rickrolled
by DM! He really does have all your money. How else does he afford
such a large stable of exotic motor cars? Not on a Sea Org staffer’s
salary of $46.20 per week, even with RTC director fees. The IRS might
call that enurement. Certainly there appears to be enurement to the
benefit of certain celebrity members, such as Tom Cruise. ROTFL!

Cc: Enturbulation. Org, Operation Clambake, Alt. Religion. Scientology
(“ARS”), Gosslip.com, GrahamBerry.com, ScientologyLitigation.Org,
Xenu.Info, and others as an example of continuing Fair Game and
R.I.C.O activities by the Scientology enterprise. “Knowledge is free.”

Bcc: Per separate confidential list.
 

Goldenrod

Patron with Honors
The man's good. The man's not alone. We are many. We do not forget. We do not forgive. Expect us!
 

alex

Gold Meritorious Patron
tl/dnr?

Hmmmm.....

tl/dnr?

Perhaps he is too revealing if this is how he is planning on structuring any advocacy he may engage in. As in a purely legal sense, he exposes some serious flaws in the kind of logic and precidental basis needed to prevail.

It does though serve as a valuable diatribe around which I am sure many will rally.

Perhaps the supreme court will find some meat on the bones of a class action with members of the class who refuse to become named parties, a class action on the behalf of ghosts?

Can an action be taken on behalf of un-nameable parties rather than just un-named?

Combine that with RICO and you have a doozy of a legal quagmire!

alex
 
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Free to shine

Shiny & Free
Graham Berry & Anonymous vs Kendrick Moxon and Scientology

Report from: kone_anon

http://forums.enturbulation.org/7-g...-kendrick-moxon-scientology-12537/#post228596

First off, don’t let the title fool you… Graham was the hero here today. But Anon did it’s part. 

11:45am Graham, Mr. X, and I arrive at the LRH Life Exhibit with signs and cameras. Immediately the blinds close, and the guards at the front desk are on the phones. The security cameras in their little tinted bubbles snap to life and begin to follow our every move. After 20min or so, another 3 – 4 Anon join us. Also present was a photographer who will remain unidentified for his safety. We talked with passerby, and listened to the crazy ramblings of some crazy religious dude, who kept yelling at me that my body was a temple. Various shipments and packages were delivered to the front doors, which were then routed to the back doors. Except for the FREAKING DELICIOUS CAKE!!! Yes, Scientology ordered a delicious cake… just to mess with our heads. Before he went in, I asked the delivery guy to put the Anonymous business card I had inside the box, right on top of the cake. He smiled, but pocketed the card. That selfish jerk! Oh well.

We stuck around until about 12:50, at which time we piled into the cars to drive down to the federal court building in downtown LA. A few of our number had to leave for work and other such things. When we arrived at the court building, it was down to Graham, Mr. X, 2 other anon, the photographer, and me.

As soon as we got outside the building a woman working for Homeland Security or something approached us. She said there was no problem us picketing outside, but that we could not take pictures with the building in the background, due to security. She explained that things have been extra tight because of the bomb stuff at some federal buildings in San Diego. She then leaned in and said “Now with that aside, I just want to let you know that I agree with and support what you guys are doing”. Aw, she was so sweet. She gladly accepted the business card I offered her.

After picketing for about 45 minutes, we went back to the car, took off our masks, and proceeded to go into the court building for Graham’s deposition. As we got to the outside of the building, the security woman rushed up to us and whispered “You know that guy with the tan shirt and blue hat has been photographing you ever since you crossed the street with your masks off”. “Oh, hmm. Yea, looks like he’s a private investigator”, I responded. She seemed a little worried by this, but I laughed and told her not to worry about it. We proceeded inside, cleared through security, and made our way up to the court room.

As soon as we walked into the room, I saw him… Kendrick Moxon, who I now call “The Snake”. As soon as we got in, I could feel the air tense up as Moxon and Graham caught sight of each other. It became immediately clear that these two men were not fond of each other. Moxon and Graham began bantering back and forth. Graham said something snappy, and Moxon retorted by saying something about seeing a damaged fire hydrant outside…or something like that. It was really stupid. Graham replied with something like “Oh, well I guess you were sitting on it then, were you?” “So it begins”, I thought. Their banter had set the mood for the proceedings.

After another minute or so, the bailiff, or whatever her position was, announced the judge was entering. She said “All remain seated for the honorable Judge ‘something’”, which I thought was interesting. I always thought they said “all rise”… but I suppose since this was such a small thing, then we didn’t have to. Whatever. So Graham is asked to swear himself in, and speak his name for the record, etc. The judge says a few things, and he is about to dismiss us for the deposition, when The Snake asks to hold on for a minute, and that he wanted to say something for the record. He went on to say that Graham had obviously brought some boys to the court room with him, and that he had heard that these boys were here solely to make trouble and make a mockery of the court, and that he was requesting that we be forced to leave for the proceedings. His bullshit already stank so bad that I wanted to burst out and tell the judge that he was blatantly lying, but I kept my tongue. The judge said that since it was a public hearing, that he really had no right to do that, but that if any trouble did ensue that security would be called in. The judge then left, and Moxon, his assistant, Graham, Mr. X, the 2 anon, and I all filed into a very small room, where there was a stenographer already waiting. She was a very nice lady…or at least that’s what she showed. Graham revealed later that she worked for some huge stenographer company or something, and that that company was owned by the CoS.

Anyways, so as we sat down, the stenographer requested our names for the record. I provided mine without hesitation, since I have already been outted. The anon on my left gave his name just as readily. Mr. X however, decided to stick it to Moxon (who was listening intently) and proclaimed his name as “Mr. X”. Moxon immediately flipped and demanded that X either reveal his real name, or that he would be removed from the proceedings. Mr. X continued to insist that his name was Mr. X, and that he would not be identified as anything else. Moxon then had the judge contacted, who ruled that since it was a public hearing, the public viewers did not have to be identified. Anon – 1, CoS – 0. Following Mr. X’s lead, the final anon requested to not be put on the list. While I was happy that we had won that little squab, I was furious that Moxon was pulling cheap little kid crap like this.

So the deposition proceeded, and Moxon began to pick apart Graham’s finances, piece by piece. MANY times, he tried to pry into Graham’s personal/private life, to which Graham replied “Objection. Privacy.” You could see the fire in Moxon’s eyes every time Graham did that. But Moxon was a hard prick. He repeatedly made snide, yet civil remarks to and about Graham. This guy was really playing dirty.

Then he pulled out his first really low blow. I was sitting there. I had not said a word since we had entered the room. Since it was such a small room, and Graham has his back to me, I had set myself to watching Moxon. I wanted to read into him and see what I could find. I did notice that every time Graham would mention Scientology and their bullshit, Moxon’s right eye would twitch. Must be a side affect of the auditing or something. Anyways, so all of a sudden, Moxon bursts out, yelling about how I should either stop my crap, or leave. “What the hell are you talking about?”, I retorted. All eyes were on Moxon as to why he has burst out like so. “You are staring at me, and making faces. This is a court, and if you continue, I will have you removed for contempt.” “Well to my knowledge, this is a public hearing, and so I can look where ever I want, including at you.” I think he knew I had a point, because he decided to not try to hold me in contempt but before continuing he said “You better watch it.” From then on, I set myself to not take my eyes off him and to glare at him every moment. I think this kinda freaked him out, cause every time we made eye contact, his eyes would flicker for a moment, and then dart away from mine.

The proceedings continued, and The Snake made more snide and low blow comments. He repeatedly reference to “the young boys” Graham had brought with him, obviously insinuating some sort of pedophilic bullshit. I decided to chime in. “For the record”, I said loudly, “I am 20. I am NOT a young boy.” Graham busted out quite a bit of his own witty words to Moxon.

The most epic win though, was when Moxon demanded to see any wills or trusts that Graham may be involved in. There was only one that Graham had any knowledge of that he was involved with… That he was NOT the beneficiary, but that he thought he should be. “What trust is this”, Moxon demanded. “The Beejay trust” Graham stated, producing the papers for it. There it was on the top in black and white: “Beejay Trust”. Anon, when you see it, you’ll shit bricks. Anyways, that was a pretty epic win for Graham. Moxon continued on with his bullshit for a while longer, till he had his fill. He then said that they were done, and everyone began to pack up. Now, it was my turn.

I moved in on Moxon, and began to criticize him for his bullshit. He chuckled and said that I had no idea what I was talking about, and that my organization, Anonymous, was a bunch of terrorist kids. “Yea” his assistant chimed in. I was shocked. Those were the first words she’d spoken out loud all day. “Yea, you guys sent bomb threats, etc.” “Hmmm, yes, bomb threats. You mean the same bomb threats that the FBI has declared that they could not confirm that we had any connection with?” They both shut up on that one. “Well, you haven’t read any books…”, she started. “EXCUSE ME? I’ve read Dianetics, have you?!”, I said. Now, that was a bit of an exaggeration. I have started to read it, but I haven’t read it all the way through…cause it just sucks that much. “Yes I have”, she stated flatly. “Well good. Guess what. I thought it sucked.” Her face went sour. “So don’t tell me I haven’t read any books.” Moxon, his assistant, and I exchanged a few more bouts civil insults. Then Moxon asked the wrong question, because he obviously did not realize who I was. “Have you even had any problems with Scientology, or are you just doing this cause all the cool kids are?” I stepped forward and got right into his face. “Yes I’ve had problems with Scientology. They came after my family when I was a child, and now they are coming after me. They’ve come to my apartment and harassed me, and I had a Sea Org guy escorting me my whole train ride down to LA this past weekend. Not to mention all the PIs I’ve had follow me.” He looked stunned. “So that means…that you are already known”, he said. “Yes I’m known, and I’m damn proud of it”. We exchanged a few more civil insults, in which Moxon repeatedly said I was “delusional”. After we had had enough, we began to make our way to the door. “Oh”, I said as an afterthought, “and by the way… we saw your PI out front with the camera. The security guards who work here pointed him out to us. Apparently they like us a lot more than they like you.” He looked furious, and again muttered something about “delusional”. We left.

I know most of this story was boring. But let me tell you, if you were there, you would HATE Moxon just as much as I do. This guy is the scum of the earth… He pulled out so much bullshit, I just wanted to leap across the table and rip his eyes out. Dealing with him today has me SO fired up for May 10. I hope one day you all get a personal encounter with him. If you ever wonder what’s the point of doing everything we are, you only have to meet Kendrick Moxon. Assholes like him are reason enough.
 

Free to shine

Shiny & Free
Here are some photos:

http://laist.com/2008/05/05/anonymous_prote_1.php

While a worldwide Anonymous protest is scheduled for Saturday, May 10, a small group of hardcore Anonymous protestors took to the streets Monday both in Hollywood at the Church of Scientology Office of Special Affairs and then Downtown at the United States District Court, Roybal Federal Building. Downtown, Anonymous lawyer Graham Berry was the subject to a deposition by Scientology lawyers. According to Anonymous members via e-mail, Graham Berry successfully represented Anonymous member Sean Carasov (read his story here), who was subject to a false police report (and subsequent charge) issued by the Church for Criminal Threats.

(You can digg it on the above link.)
 
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