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From: publicrelations@scientology.org
Subject: Re: Vancouver Picket
Date: 2000/03/20
Message-ID: <8b45nb$hm0$1@nnrp1.deja.com>
References: <51j5ds0e5q95jkl94rt9gv8o55t860o4rb@4ax.com>
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In article <51j5ds0e5q95jkl94rt9gv8o55t860o4rb@4ax.com>,
Gerry Armstrong <armstrong@dowco.com> wrote:
> Vancouver Picket
>
> Well there wasn't one. But being OT I kept them busy anyhow.
>
> I won't go into my general health and state of mind because clearly
> OTs can be OT no matter what their health or mental state is.
<Snip>
But not their location, it seems.
ANDREW H. WILSON, SBN 63209
SHAUNA T. RAJKOWSKI, SBN 148239
WILSON COMPILONGO LLP
115 Sansome Street, Suite 400
San Francisco, California 94104
Telephone (415) 391-3900
Attorneys for Plaintiff
CHURCH OF SCIENTOLOGY INTERNATIONAL
SUPERIOR COURT OF THE STARE OF CALIFORNIA
FOR THE COUNTY OF MARIN
CHURCH OF SCIENTOLOGY
INTERNATIONAL, a California not-for-profit
religious corporation CASE NO. 152229
Plaintiff, BENCH WARRANT
(CIVIL)
vs.
GERALD ARMSTRONG; DOES 1 through 25,
inclusive,
Defendant.
________________________________________________)
The people of the State of California to any peace officer of
this state:
On October 17, 1995 this Court entered an Order of Permanent
Injunction against Defendant GERALD ARMSTRONG ("ARMSTRONG"). The Order
prohibits Armstrong from voluntarily assisting any persons litigating
claims adverse to the "Beneficiaries" and prohibiting "works"
discussing any of the Beneficiaries. The Order was valid. ARMSTRONG
had knowledge of the Order. ARMSTRONG has the ability to comply with
the Order.
ARMSTRONG willfully disobeyed the order on thirteen (13)
separate occasions between September 2, 1997 and November 26, 1997,
which were brought to the attention of this Court on December 2, 1997
which on that date issued an Order to Show Cause re Contempt for those
violations. Said OSC re Contempt was heard by the Hon Gary W. Thomas
on January 30, 1998 and, on February 11, 1998 Judge Thomas signed the
SECOND ORDER OF CONTEMPT, a true and correct copy of which is attached
hereto and incorporated herein by reference as Exhibit A.
YOU ARE THEREFORE ORDERED forthwith to arrest GERALD ARMSTRONG
whose last known address: 715 Sir Francis Drake Boulevard, San Anselmo,
CA 94960 and bring him before this Court to show cause why he should
not be punished for contempt for disobeying the mandate of this Court.
Arrest under this bench warrant may be made at any time of the
day or night.
Bail is fixed in the sum of $10,000 (and pursuant to the ORDER
OF CONTEMPT, including a fine of $2600.00 and confinement in the County
Jail for a period not to exceed 26 days).
IT IS SO ORDERED
Date: May 15, 1998 Signed and Stamped
JUDGE OF THE SUPERIOR
COURT
Exhibit A:
ANDREW H. WILSON, ESQ., SBN 063209
WILSON COMPILONGO LLP
115 Sansome Street, Suite 400
San Francisco, California 94104
(415) 391-3900
(415) 954-0938 (fax)
KENDRICK L. MOXON, ESQ., SBN 128240
MOXON & BARTILSON
550 N. Brand Blvd., Suite 700
Glendale, CA 91203
(818) 546-5064
(818) 546-5068 (fax)
Attorneys for Plaintiff/Judgment Creditor
SUPERIOR COURT OF THE STARE OF CALIFORNIA
FOR THE COUNTY OF MARIN
CHURCH OF SCIENTOLOGY
INTERNATIONAL, a California not-for-profit
religious corporation CASE NO. 152229
CASE NO. 157680
Plaintiff, (CONSOLIDATED)
vs. SECOND ORDER OF
CONTEMPT
GERALD ARMSTRONG; MICHAEL
WALTON; THE GERALD ARMSTRONG
CORPORATION, a California for-profit
corporation; DOES 1 through 100 inclusive,
Defendants.
________________________________________________)
The second post-judgment contempt proceedings against Defendant
GERALD ARMSTRONG, on the Court's Order to Show Cause issued on December
2, 1997, came before this Court on January 30, 1998 at approximately
1:45 p.m.. Defendant Armstrong failed to appear. The Court has
reviewed all papers submitted and has taken oral argument.
GOOD CAUSE APPEARING THEREFOR, the Court makes the following
findings:
1. On October 17, 1995, this Court entered an Order of
Permanent Injunction against Armstrong (the "Order) and subsequently
incorporated the Order into a judgment entered against Armstrong on May
2, 1996 (the "Judgment"). By this Court's Order, Armstrong is
prohibited from voluntarily assisting any persons litigating claims
adverse to the "Beneficiaries"; from "facilitating in any manner the
creation, publication, broadcast, writing, filming, audio recording,
video recording, electronic recording or reproduction or any kind of
any book, article, film, television program, radio program, treatment,
declaration, screenplay or other literary, artistic, or documentary
work of any kind which discusses, refers to or mentions Scientology,
the Church and/or any of the Beneficiaries"; and from discussing with
anyone not a member of Armstrong's immediate family or his attorney,
Scientology, the Church and/or any of the Beneficiaries".
2. The Order was valid when rendered and remains fully
valid and enforceable. The Court notes that Armstrong's appeal of the
Judgment has been dismissed. The Court notes further, however, that
even during the pendency of Armstrong's appeal, he was obliged to obey
the lawful Order of this Court.
3. Armstrong had knowledge of the Order and, further, that he
had the ability to comply with the Order. The Order was specific as to
the restrictions it imposed upon Armstrong. There has been no showing,
nor suggestion, that he is incapable of complying with the Order.
Rather there is ample evidence before this Court that Armstrong has
knowingly and deliberately chose to breach and/or disregard this
Court's Order, on numerous occasions.
4. Upon review of the full record before it, this Court has
determined that Armstrong has willfully disobeyed the Order. The Court
has determined that in thirteen (13) separate incidents between
September 2, 1997 and November 26, 1997, Armstrong knowingly and
willfully disobeyed the Order of this Court as follows:
(a) On or about September 2, 1997, in violation of the Order,
Armstrong created and caused to be widely disseminated by means of the
Internet a documentary work which discussed CSI and other beneficiaries
of the Settlement Agreement. See Declaration o Andrew H. Wilson in
support of Ex Parte Application for Order to Show Cause re Contempt,
Exhibit E.
(b) On or about October 14, 1997, in violation of the
Order, Armstrong created and caused to be widely disseminated by means
of the Internet a documentary work which violated the terms of the
above referenced Judgment. See Wilson declaration, Exhibit F.
(c) On or about October 14, 1997, in violation of the
Order, Armstrong created and caused to be widely disseminated by means
of the Internet a documentary work which violated the terms of the
above referenced Judgment. See Wilson declaration, Exhibit G.
(d) Also on or about October 14, 1997, in violation of the
Order, Armstrong created and caused to be widely disseminated by means
of the Internet a documentary work which violated the terms of the
above referenced Judgment. See Wilson declaration, Exhibit H.
(e) On or about October 20, 1997, in violation of the
Order, Armstrong created and caused to be widely disseminated by means
of the Internet a documentary work which violated the terms of the
above referenced Judgment. See Wilson declaration, Exhibit I.
(f) Also on or about October 14, 1997, in violation of the
Order, Armstrong created and caused to be widely disseminated by means
of the Internet a documentary work which violated the terms of the
above referenced Judgment. See Wilson declaration, Exhibit J.
(g) On or about October 23, 1997, in violation of the
Order, Armstrong created and caused to be widely disseminated by means
of the Internet a letter written to the Hon. Alfonse D'Amato concerning
the efforts of CSI to combat religious discrimination in Germany. This
action constituted the publication and/or broadcast of a documentary
work which violated the terms of the above referenced Judgment. See
Wilson declaration, Exhibit K.
(h) In or about early October, 1997, in violation of the
Order, Armstrong voluntarily and willingly participated in a videotaped
interview during which he violated the terms of the above referenced
Judgment. Armstrong was informed prior to the interview that it was
being recorded for broadcast on British television. See Wilson
declaration, Exhibit C.
(i) In or about October, 1997, Armstrong gave a speech on
or about October 26, 1997. In that speech, Armstrong violated the
Injunction and the above referenced judgment.
(j) During that same visit, Armstrong gave an interview to
Berliner Zeitung, resulting in an article in that publication, an
examination of which article clearly shows that the interview given
violated the Injunction. See Wilson declaration, Exhibits M and N.
(k) On October 28, 1997, Armstrong traveled to Hamburg,
Germany where he appeared at a public event. During which, Armstrong
committed further violations of the terms of the Judgment, as reprinted
in the October 28th edition of the Frankfurter Rundschau. See Wilson
declaration, Exhibit P.
(l) Also on this trip to Germany, Armstrong have interviews
to at least three television interviewers resulting in broadcasts on
Germany TV channels N-TV, B1 TV and SAT 1 TV. In addition to this,
Armstrong was interviewed by the regional newspaper Taz, resulting in
the article of October 28, 1997. See Wilson declaration, Exhibits Q &
R.
(m) On that date November 26, 1997, Armstrong created
another Internet posting which purported to be a verbatim transcription
of a complaint which Armstrong had recently filed in the United States
District court for the District of Nevada. See Wilson declaration,
Exhibit S. This complaint is a "documentary work" concerning
a "beneficiary" as contemplated by the Order while the filing of this
complaint is privileged, its publication on the Internet is not and is
a violation of the terms of the Judgment.
IT IS HEREBY ADJUDGED, ORDERED AND DECREED that Defendant
Armstrong is guilty of 13 separate acts of Contempt of Court for his
repeated failures to obey the Order and Judgment. As set forth above,
the Order at all times was and remains valid and enforceable; Armstrong
had knowledge of the Order, and the ability to comply with this Order.
He willfully and repeatedly disobeyed the Court's Order.
IT IS FURTHER ADJUDGED, ORDERED AND DECREED that Defendant
Gerald Armstrong is to be punished for the foregoing contempt by a fine
of $200 for each separate violation (for a total of $2600) and
confinement in the County Jail for a period of two days (48 hours) for
each separate violation (for a total of 26 days). Armstrong is to
surrender himself to Marin county law enforcement officers for the
enforcement of said penalties on our before February 10, 1998. Should
Armstrong fail to do so, a bench warrant will be issued for his
immediate arrest and incarceration until the fines imposed for his acts
of contempt are satisfied. Should such a bench warrant be necessary,
bail on the warrant is set at $10,000 (ten thousand dollars).
DATED: 2-11-98
GARY W. THOMAS
JUDGE OF THE SUPERIOR COURT


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