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SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

DEPARTMENT NO. 57        HON. PAUL G. BRECKENRIDGE, JR., JUDGE

 

CHURCH OF SCIENTOLOGY OF CALIFORNIA,

Plaintiff,

vs.

GERALD ARMSTRONG,

Defendant.


MARY SUE HUBBARD,

Intervenor.


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NO. C 420153

REPORTERS' TRANSCRIPT OF PROCEEDINGS

Thursday, May 3, 1984

 

APPEARANCES:        

  (See Appearances page.)

 

 

 

VOLUME 4

Pages 431 - 597

  NANCY L. HARRIS, CSR #644
HERB CANNON, CSR #1923
Official Reporters
   
 

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APPEARANCES:

 

For the Plaintiff:

PETERSON & BRYNAN
BY: JOHN G. PETERSON
8530 Wilshire Boulevard
Suite 407
Beverly Hills, California 90211
(213) 659-9965

-and-

ROBERT N. HARRIS
The Oviatt Building
617 South Olive Street
Suite 915
Los Angeles, California 90014
(213) 623-7511

 

For the Intervenor:

LITT & STORMER
BY: BARRETT S. LITT
Paramount Plaza
3550 Wilshire Boulevard
Suite 1200
Los Angeles, California 90010
(213) 386-4303

-and-

BARRETT S. LITT
BY: MICHAEL S. MAGNUSON
The Oviatt Building
617 South Olive Street
Suite 1000
Los Angeles, California 90014
(213) 623-7511

 

For the Defendant:

 

CONTOS & BUNCH
BY: MICHAEL J. FLYNN

- and-

JULIA DRAGOJEVIC
5855 Topanga Canyon Boulevard
Suite 400
Woodland Hills, California 91367
(213) 716-9400

 

 

 

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VOLUME 3

I N D E X


Day Date Session Page

Thursday May 3, 1984 A.M.

431

    P.M. 506

 

W I T N E S S E S

 

PLAINTIFF'S WITNESSES: DIRECT CROSS REDIRECT RECROSS

KEIR, Donald

 

485 492    

BOWMAN, William L.

 

494 502 504  

MORROW, James L.

 

506 518 540  
VORM, Tom 542 567    
 

 

 

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EXHIBITS

 

PLAINTIFF'S IDENTIFIED RECEIVED

1 - Letter from L. Ron Hubbard

 

486

 

2 - Exemplar Card 487

492

 

3 - Exemplar Card 487

492

 

4 - Comparison Letter 499

504

 

5 - Comparison Letter 499

504

 

6 - Vouchers 511

514

 

7 - Letter, Advanced Organization,
St. Hill

 


515

541

8 -

 

515 541
9 - 515

541

 

10 - Letter dated 12-11-79

 

547 556

11 - Document dated 6 Jan '80

 

552 555

12 - Chart

 

554  

DEFENSE:

 

   

A - Trust deed

 

536  
B - Petition 571 571

 

 

 

 
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LOS ANGELES, CALIFORNIA; THURSDAY, MAY 3, 1984; 9:15 A.M.

-o0o-

 

THE COURT: Good morning, Counsel.

MR. LITT: Good morning.

MR. HARRIS: Good morning.

MS. DRAGOJEVIC: Good morning.

MR. FLYNN: Good morning, Your Honor.

THE COURT: Plaintiff ready to proceed?

MR. LITT: Yes, we are, Your Honor.

THE COURT: Well --

MR. HARRIS: I should introduce myelf. I am

Robert N. Harris, H-a-r-r-i-s, and I have been associated

in representing the Church of Scientology of California.

THE COURT: All right. Defense ready to proceed?

MR. FLYNN: We are, Your Honor.

We filed a motion for costs which we are not

going to present at the present time.

 

 

 
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THE COURT: I have read and considered the motion. I

am not going to rule on it at this time. I'll simply it off

calendar -- on second thought, I won't put it off calendar.

I'll deny it without prejudice. I'm not disposed to do that.

All right. Who is going to be the counsel

in presenting this thing for the plaintiff? Let's try to

get our act organized.

MR. LITT: It will vary, Your Honor. For purposes of

the opening, I'll present an opening on behalf of both plaintiffs.

Our plan with respect to direct, one of the other counsel

will present the direct on this particular witness.

THE COURT: The lawyer that conducts the direct will

be the only lawyer that will be permitted to object on

cross-examination or argue to the court on rulings. I

don't want a triumverate of lawyers arguing each objection

for one side or the other. It is the same rule for the

defense as well.

MR. LITT: That is fine with one exception that I

would like to make clear, Your Honor. One of the reasons

there is separate counsel for the church and Mrs. Hubbard

is we feel the way the case is framed, there are separate

issues that apply to each. We'll designate one counsel

for each plaintiff to act. And we'll not -- essentially the

person who handles the direct will be the main lawyer on

the plaintiff's side to take responsibility for that. But I

don't want to be precluded or have Mr. Harris precluded

from being able to act with respect to the particular client

that is being represented on a matter that comes up. That is

 

 

 
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all.

MR. FLYNN: I would like to raise one point on procedure:

In terms of presentation of the evidence, it is my under-

standing that the plaintiff should go first; present its case

and then the intervenor should proceed and present her

case.

THE COURT: I'll let the plaintiffs -- much of this

evidence would overlap anyway. I don't really see that we

should try to departmentalize the evidence. I'll let the

plaintiff present their evidence as they see fit.

Are you going to be conducting the examination

of witnesses, Mr. Flynn?

 

 

 
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MR. FLYNN: I am, Your Honor. What I had in mind,

maybe to clarify a little more, in other words, rather than

the plaintiff proceed, the defendant conduct the cross, the

intervenor proceed and the defendant conduct the cross, I

was wondering what the court had in mind?

Is the plaintiff going to proceed with the

witnesses, then the intervenor examine the witnesses and then

me?

THE COURT: Yes. If there is to be more than one --

MR. LITT: On direct that is not a problem, Your Honor.

We don't intend to have Mr. Harris do a direct and then me

do another direct or a cross or whatever. So that is not

a problem.

Obviously on cross-examination of Mr. Flynn's

witnesses, depending on the circumstances, both counsel for

the plaintiffs may examine at that stage, but in terms of

our case that is not our intention.

THE COURT: If you are going to call the witness,

Mr. Litt, then you can conduct your examination, and I will

ask Mr. Harris if he has any additional questions he wants

to elicit on direct examination at this point because the

interests are basically allied, and than defense will have

an opportunity to cross-examine, and there will be rebuttal.

Are you going to be --

MR. FLYNN: I am, Your Honor. I will conduct the

entire trial unless I am called as a witness, in which event

Miss Dragojevic will conduct that part of the trial when I

am on the witness stand.

 

 

 
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THE COURT: What about these exhibits which have been

identified by the parties as exhibits they, at least initially

intend to use in this trial; are they up here? Shouldn't we

order these up here now at this time so we have them available

or are we going to be needing them?

MR. FLYNN: I think they should be brought up.

MR. LITT: It remains our intention, your Honor,

not to introduce any documents that are under seal, at least

until such time as that court has admitted them by the defendant

over our objection. The court is obviously aware of the

reasons for that, so we don't see the necessity of them at

this time, at least.

I don't know, I suppose Mr. Flynn may try to

open the door from the beginning by trying to bring them in

through our witnesses.

THE COURT: Well, that may be cross-examination.

I don't know. With reference to some of these exhibits, I

don't know.

MR. FLYNN: There will be, Your Honor.

THE COURT: In what form have these been seprated

out from the bulk of the documents? Are they in a separate

box now?

MR. FLYNN: They are.

THE COURT: Both the plaintiffs' and the defendants'

additional, are they in envelopes as I understand it or

something?

MR. FLYNN: They are segregated by plaintiff and by

defendant, and at the end of the day yesterday, I believe, the

 

 

 
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plaintiff was in one box and the defendant was in another.

THE COURT: Let's order those exhibits brought up.

MR. LITT: Your Honor, has the defendant prepared an

exhibit list of the exhibits that have been designated?

(Mr. Flynn hands document to Mr. Litt.)

THE COURT: Have you got a copy for me and for the

clerk?

MS. DRAGOJEVIC: Yes, Your Honor.

THE COURT: Well, the clerk wants a copy obviously

and I should have a copy.

FLYNN: We will make another, Your Honor.

THE CLERK: Do you want them all?

THE COURT: I just want the ones that both sides have

identified as ones they propose to use, possibly use.

MR. FLYNN: We may not offer all of those, Your Honor.

We pulled the ones that we thought were relevant to the issues

in the case.

THE COURT: I don't understand what you have done here.

I am with you up to double Z and then you have got 3-A, 3-B,

3-C.

MR. FLYNN: In terms of since we were assigned the

letter system, we would have had to go to four A's and then

put four A's in a row on a piece of paper, so rather than put

four A's, we put 4 dash A.

THE COURT: Oh, I see. It is triple A.

The clerk can worry about that, I guess.

What about the plaintiff; did you prepare a

list?

 

 

 
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MR. LITT: There's already been one submitted, Your

Honor. It is no different. We submitted a separate list

of sealed documents, separate frown our regular exhibit list.

Now, the numbers that the court has on those,

they are just sequentially numbered. My suggestion would be

that any such sealed documents begin instead of with 1, with

101 and then we will have from 1 to 100.

THE COURT: That is all right.

MR. FLYNN: There is one other procedural matter,

Your Honor.

One of the first pieces of evidence that we

will introduce is the letter from Mr. Hubbard. That is

presently in the court file. The original, I don't believe,

is up here.

We can either proceed with a copy, if that is

agreeable to the court and the defendant or we can order the

original up, but the court will have to do that.

MR. FLYNN: Your Honor, we are prepared to litigate

the issue of its admissibility in terms of the availability

of Mr. Hubbard. We are in the process of subpoenaing a witness

who we think will be pretty much able to provide the court

conclusive evidence of Mr. Hubbard's availability so as to

make the document inadmissible. If the court was going to

take it de bene and until we had the opportunity to put on

our evidence with regard to his availability, that is a

possible point of procedure. But we would object to its

admissibility at this point in time if for no other reason

on the grounds of the availability of Mr. Hubbard.

 

 

 
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MR. LITT: Your Honor, at this point --

MR. HARRIS: Excuse me, Your Honor. Mr. Flynn used

a word which I didn't understand which was "de bene." Is that

a legal word that Your Honor is familiar with?

THE COURT: No, I wasn't sure.

MR. FLYNN: In Massachusetts it is accepting evidence

that during the pendency of the trial temporarily to be

ruled on at the end of the trial as to whether it is finally

admitted into evidence.

 

 

 
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THE COURT: Well, we can order up the original if we

can identify it.

Has it been marked in some other proceeding?

Has Judge Cole specially marked it?

MR. LITT: Judge Cole, as far as I know, just ordered

it placed in the file. The date of it is February, '83,

to the extent that that helps find where it is.

I have been informed that it is being held

specially by the clerk.

THE COURT: We can order it specially brought up

here alone with the other exhibits.

I don't think we should get started until we

get these exhibits up here and see what order they are in

so that the clerk can get an opportunity to see how we can

handle these up here at least mechanically.

Were you going to make an opening statement,

gentlemen?

MR. LITT: Yes, Your Honor.

THE COURT: Okay. Let's take our recess until we get

these exhibits up here.

(Recess.)

 

 

 
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THE COURT: All right. In the case on trial, let

the record reflect that all counsel are present.

The record should reflect that apparently all

the exhibits identified by the parties are now in court

and are available to the parties if and when there is a

request for such.

Do the plaintiffs desire to make an opening

statement?

MR. LITT: Yes.

THE COURT: You may do so, Mr. Litt.

MR. LITT: Your Honor, I hope to make this opening

statement brief. One advantage of having waived a jury is

that I don't have to explain to the court, obviously, how

some of the evidence works. But I do want to summarize

for the court the evidence that we'll present which will

establish that Mr. Armstrong has committed the torts which

we have claimed in the complaint and which will establish

that we are entitled to receive back the originals and copies

of all of the materials presently under seal.

 

 

 
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This case can be described in a brief way as

a story of the betrayal of a sacred trust held by Gerald

Armstrong who was entrusted by the Church of Scientology to

care for the very private papers and archives held by the

church, mainly composed of the private papers of L. Ron Hubbard,

also of many private papers of Mary Sue Hubbard and of the

church itself.

It is the story of how Mr. Armstrong took

these papers, many originals and copies of these papers,

gave then to Michael Flynn for the purpose of using them to

attack the Hubbards, to invade their privacy, and in an

effort to discredit by using their most personal and private

materials.

L. Ron Hubbard, as the court is aware, is the

revered founder of the religion of Scientology, and within

Scientology he is revered as the man who has developed the

religion which is followed by millions of people around the

world.

He and Mary Sue Hubbard, who is present in

court today with us, have been married for over 30 years.

Mr. Hubbard presently is in seclusion. His whereabouts are

not known. He has been in seclusion for the past four years

and he is not personally available.

For many years Mary Sue Hubbard held a post

within the Church of Scientology known as the controller post,

and I will explain that more. I just want to briefly cover

the parties and the actors so that we are all clear on who

they are.

 

 

 
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The Church of Scientology of California,

which is the other plaintiff along with Mrs. Hubbard, is a

religious corporation which was founded in 1954 and bases

itself upon the philosophy and religious views of L. Ron Hubbard

It is that church of which Mr. Armstrong was

a staff member for the period when he held the post of

archivist. When Mr. Armstrong held that post, he believed

in Scientology, was a dedicated member of the Church of

Scientology. Later after he left the church, he went and

obtained copies of the materials that he had gathered as I

have described.

Michael Flynn, although not a party of this

action, is an important actor in the action. Mr. Flynn is

involved in extensive litigation throughout the United

States in suing Church of Scientology, L. Ron Hubbard and

Mary Sue Hubbard.

 

 

 
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He is the man to whom Mr. Armstrong gave these

private papers. He gave them to him so that Mr. Flynn

could use them in the way that I described previously, in an

antagonistic way.

Mr. Flynn is a self-described antagonist of the

church and of the Hubbards. And Mr. Flynn has millions of

dollars at stake in this litigation. He represents plaintiffs

who are suing for many millions of dollars.

The act of giving these materials to

Mr. Flynn was in furtherance of an effort to use these -- to

gain these millions.

The documents themselves which are under seal,

which are the subject of this action, encompass approximately

8- to l0,000 pages. There are many private materials,

including letters between Mr. and Mrs. Hubbard, letters

between Mr. Hubbard and his first two wives, letters between

Mr. Hubbard and his parents, letters from his parents to

Mr. Hubbard, and to Mrs. Hubbard, and material relating to

Mr. and Mrs. Hubbard's children; a premarital agreement

between Mr. and Mrs. Hubbard; private journals and diaries;

letters to attorneys; internal church matters, business

correspondence, and a variety of other personal and private

materials.

The archives from which these materials came

have a value that in straight economic terms -- which is not

their only value from the church's and from the Hubbard's

point of view -- that is in the millions of dollars.

The materials taken have a value that is in the

 

 

 
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hundreds of thousands of dollars including an original

unpublished manuscript carbon which by itself has a value

which is hard to calculate which is a book called Excalibur

which is legendary within Scientology and has never been

published and considered the first writing of Mr. Hubbard on

the subject of the spirit.

Mr. and Mrs. Hubbard were married in 1952. And

the story of these materials in some ways begins when they

packed up materials at the time that they were living in

Washington D.C. which was in approximately 1959; the Hubbards

moved around a great deal.

In 1959 they left the United States and went

abroad. At this point Mrs. Hubbard personally packed the

private possessions that she and her husband had collected

over the years including many materials which were her

husband's from prior to their marriage. These were stored

in Washington D.C. and they were stored there for some 17 years

or so until the middle to late '70's when the materials were

moved from the storage to Church of Scientology facilities;

subsequently to facilities called Gilman Hot Springs.

They were stored in areas that were known as

private storage of the Hubbards. It was called R storage,

R referring to Ron, Mr. Hubbard. Not only did it have the

various -- many of the various private materials that I have

described, it had furniture, clothing, and a whole range of

private possessions of all types that were maintained there.

That is the origin of one of the sets of materials under seal

as I'll further describe.

 

 

 
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In addition there is a set of materials that

runs from the mid 1960's to the 1970's that were gathered

up from England. These mere materials of a similar nature,

private materials of the Hubbards that had been gathered

over the years that they had spent primarily in England.

They were eventually brought aboard a ship

called the Apollo which was a ship that the Hubbards and

many Scientologist spent several years on. These materials

at the time that the ship finally stopped sailing, which

was in approximately 1975, they were brought from the ship

and was stored with the church under Mrs. Hubbard's direct

control.

These materials were what is known as the

controller's archives, as I mentioned before.

Mrs. Hubbard held the Scientology post of

controller which is not a financial position as one might

think in terms of determining corporations, that it was a

post that involved coordinating external affairs and the

internal management of the churches. There are many private

materials from these controller archives, many originals

which have ended up before the court. And in addition,

there are a variety of materials from other files, personal

files maintained within various church organizations concerning

the Hubbards.

Mr. Armstrong joined Scientology in 1969.

And he held a variety of positions which I will not detail

except to say that in early 1980 he sought the post to gather

up materials relating to Mr. Hubbard.

 

 

 
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He requested within the church apparatus and

within the Scientology structure that he be permitted to

hold this post and he was assigned to this post. The

function of this post was to gather and preserve materials

relating to Mr. Hubbard.

Mr. Armstrong set about gathering up materials,

many of which I have already described. These materials

were, in fact, we will demonstrate not known to Mrs. Hubbard

and from what we can determine to Mr. Hubbard to, in fact,

be taken by anyone. Mrs. Hubbard, who was supposed to be

told about activities relating to her and her husband's

storage, was not informed that Mrs. Hubbard -- I am sorry,

that Mr. Armstrong was gathering the private and personal

materials that had been stored by them over the years, nor

would she have given her permission for Mr. Armstrong to

do so.

Nonetheless we would not contend that within the

church this was not known and we do not contend that what

Mr. Armstrong did in and of itself in taking the materials

and gathering them was wrongful. Mr. Armstrong put these

materials together at a Church of Scientology facility at

what is called the Cedars Complex which is where they were

moved to. He gathered up the materials from Gilman Hot

Springs, some 25-or-so boxes. He moved them to church

facilities at the Cedars Complex. He organized them. He

took extreme precautions to maintain their confidentiality,

their security and their safety. He was provided church

moneys to do so. He was provided church moneys to purchase

 

 

 
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additional materials for these archives which he expended.

He put these materials and organized them into

various binders. The doors were always locked. It was

extremely difficult to get access. Normal church staff

members could not have access to this. Only a very small

number of people could have access because it was recognized

that these were private and confidential papers and that

they were very valuable papers and that they were to be

treated with the greatest care.

Approximately sometime in late 1980 or in early

1981 Mr. Armstrong got from the controller's archives a

small number of materials with Mrs. Hubbard's approval.

These controller's archives were materials for which there

was an archivist in charge of them who will testify, and he

had been informed by Mrs. Hubbard that in these materials,

which had come from the ships originally and then had been

added to their, were what were rightfully archive materials

and there were also personal materials that were not

rightfully archive materials that were personal storage

materials.

Mr. Armstrong sought to obtain some materials

for what Mrs. Hubbard thought was a museum, materials of

historical interest because there was a plan to develop a

museum concerning Mr. Hubbard.

Mr. Armstrong contacted the archivist who was in

charge of the controller's archives whose name was Tom Vorm

and requested some materials.

Mr. Vorm sent to Mrs. Hubbard a list of the

 

 

 
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materials and the materials themselves for her personal

review to determine whether or not they had been provided to

Mr. Armstrong. After she reviewed them, Mrs. Hubbard

approved those and, as the court will see, the list of those

materials are materials of the type that would be of use to

a museum or of general historical interest.

In the same time frame, approximately in the

fall of 1980, a contract concerning a biography of L. Ron

Hubbard was entered into. This contract was entered into

between a corporation called AOSH-DK which was a

Scientology -- not a Church of Scientology of California

corporation, but a Scientology corporation located in

Denmark, and Omar Garrison who was to be the biographer.

This biography project and the contract setting

it up included the fact that the biography to be drafted by

Mr. Garrison was subject to the approval of the publisher,

and it was the understanding of the parties that that would

include submission to Mr. Hubbard and to Mrs. Hubbard for

review and approval. If the biography was not satisfactory,

there was a provision that the book would not be published

and Mr. Garrison would be paid a certain amount of money if

an agreement could not be reached as to what the text of the

biography should be and what should be in it and what should

not be in it. The biography contract contained a clause

that in writing the biography, there shall be no invasion of

anyone's privacy.

Now, after this Denmark corporation entered into this

agreement, it contacted the Church of Scientology of

 

 

 
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California because part of the terms of the contract, which

by the way Mrs. Hubbard was generally aware of, she was not

involved in any negotiations but she was kept apprised of

what was going on in general with respect to the contract.

The Denmark company, the AOSH-DK Denmark corporation had

agreed that it would make an effort to provide various

previously unavailable materials concerning Mr. Hubbard and

provide a research assistant and an office for Mr. Garrison

to work out of.

A letter was then written to the Church of

Scientology of California requesting that the the Church of

Scientology of California provide an office and provide a

researcher. The Church of Scientology of California agreed

and passed a Board minute pursuant to that agreement.

Mr. Armstrong was then assigned by the Church of

Scientology of California to assist Mr. Garrison. Indeed it

was contemplated even before that that Mr. Armstrong would

assist Mr. Garrison if the biography, in fact, developed.

He proceeded to copy many materials from the

materials that he had gathered and provide them to

Mr. Garrison. He provided these to Mr. Garrison on a

confidential basis. That is Mr. Garrison's testimony. That

is Mr. Armstrong's testimony. He considered the materials

extremely private. In fact, Mr. Garrison describes the

materials; he said that if he had to give a one-line

description, they would be the private papers of L. Ron

Hubbard.

The materials which Mr. Armstrong eventually

 

 

 
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provided included not only materials of Mr. Hubbard but also

materials of Mrs. Hubbard's end of the church. These

materials were given to Mr. Garrison for one purpose and one

purpose only, for use in drafting the biography and for no

other purpose. Both Mr. Garrison and Mr. Armstrong attest

to that.

 

 

 

 
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Mr. Armstrong concedes that his sole authority

as he perceived it was to compile the archives and provide

materials to Mr. Garrison and that he had no authority to do

anything else with them.

We'll show that these materials that he gathered

up, that there were policies with respect to how to handle

them; that originals could not be removed; although

Mr. Armstrong in fact did so. And we'll show that it was

the understanding of all of the parties and every person who

is before the court and every party that had anything to do

with any of these transactions that these materials were

completely private; that they would be returned at the end

of Mr. Garrison's work on the biography; that Mr. Armstrong

had no right to them and that the whole biography relationship

was based on a long working relationship of some 10 years

in which, as Mr. Garrison described it, there was a high

degree of mutual trust based upon this prior working relationship.

Literally tens and tens of thousands of pages

of these private materials were provided by Mr. Armstrong

to Mr. Garrison, most of it from the Hubbard's private files;

included in them were materials that Mr. Armstrong obtained

after Mrs. Hubbard had left her Scientology post of controller.

Mrs. Hubbard left that post some time in the

middle of 1981. And the controller archives, which contained

both materials relating to the subjects of Scientology and

Dianetics, archives that were lodged with Mr. Vorm which

were taped materials and handwritten manuscript materials of

Mr. Hubbard as well as these materials that I have described

 

 

 
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remained there. Mr. Armstrong sought from Mr. Vorm that

these materials be given to him. He said they were urgently

needed for the biography.

Mr. Vorm was most reluctant to give them to

him. He attempted, but was unable to reach Mrs. Hubbard.

He then inquired of the person who held the

post of controller that Mrs. Hubbard had previously held

and he was told to provide them to Mr. Armstrong and he did

so; although with many things, he still refused to provide

the original copies and only provided Xerox copies.

He was assured by Mr. Armstrong that these

materials would not be used in a way that would violate the

privacy of them and that Mr. Garrison needed them to review,

but that there should be no concern about using them in a

way that would intrude into the Hubbard's privacy.

So they were given to him. Many of the originals

which are under seal with this court come from those

material which Mr. Armstrong obtained after Mrs. Hubbard was

no longer acting as the controller.

In approximately December of 1981 Mr. Armstrong

reached a decision to leave the Church of Scientology.

According to his testimony, he reached that decision by

approximately December 1st.

For the next 12 days he engaged in an extra-

ordinary range of activities of copying as many materials

as he could to provide to Mr. Garrison. And in a 12-day period

of December 1 to December 12, he flooded Mr. Garrison with

thousands of pages of additional materials.

 

 

 

 
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When Mr. Armstrong left there was at that time

many originals which either was taken by his at that time

or which he bad gives to Mr. Garrison -- it is not completely

clear -- but which originals were never permitted to have

been given to Mr. Garrison for, among other reasons, their

extraordinary value and the fact that Mr. Armstrong's

function was to gather up originals, not to give anybody

else the originals.

After Mr. Armstrong left the church in December,

1981 he continued to have contact with Mr. Garrison. And

he continued to have access to these materials. And he,

apparently, had many of then with him in his possession.

In early May, 1982, without discussing the

matter with Mr. Garrison, Mr. Armstrong went to Clearwater,

Florida and met with Michael Flynn.

He took with him an original letter from

Mrs. Hubbard to Mr. Hubbard from the early 1950's which we

do not intend to introduce into evidence, but which

Mr. Armstrong has ascribed as a particularly personal

letter. And this was one of the documents that he took to

show to Mr. Flynn at that tine.

Mr. Flynn was shown the letter and he read the

letter.

Mr. Flynn paid for Mr. Armstrong's trip to

Clearwater, Florida.

At the same time Mr. Armstrong told Mr. Flynn

about the archives materials and what was in them.

Within a period of approximately three weeks,

 

 

 

 
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Mr. Flynn came to Los Angeles to the Bonaventure Hotel and

he there met with Armstrong again.

In the interim Mr. Armstrong, after returning

from Clearwater, went to Mr. Garrison and persuaded

Mr. Garrison to let him have copies of many materials from

these archives which had been provided originally to Mr. Garrison

by Mr. Armstrong when he was acting for the church on the

archives post.

He told Mr. Garrison that he needed the documents

for evidence, although there was no suit against him by

anyone.

In his first conversation with Mr. Garrison

on this subject he requested letters between Mr. Hubbard

and his first wife, letters between Mr. Hubbard and Mary Sue

Hubbard and naval records of Mr. Hubbard. He made copies

of these materials.

He met with Mr. Flynn; he provided him at

the meeting at the Bonaventure Hotel -- he brought him

approximately 1,000 pages of materials; then copied them

and sent them to him.

 

 

 
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The court should recall, of course, that this

is not going to seek the advice of any lawyer. This is going

to seek the advice or to provide materials, which is the real

situation, to the attorney in the United States who is more

active in litigation against various Church of Scientology

and against the Hubbards than any other lawyer in the country.

Mr. Armstrong, when he went to see Mr. Flynn,

knew that Mr. Flynn represented a variety of plaintiffs.

He agreed with Mr. Flynn that he would act as a witness for

Mr. Flynn. He agreed that Mr. Flynn could use the materials

that he was providing in his other litigation. Mr. Armstrong

prepared affidavits for use in suits in which he reviewed

and used the private materials that he had not taken originals

or copies of and given to Mr. Flynn, and when he did all

of this by his own testimony he did not believe that it was

pursuant to the conditions under which he had been permitted

to gather them up.

In the course of the next approximately three

months or so Mr. Armstrong sent to Michael Flynn approximately

3,000 pages of original materials, sent to Contos & Bunch

approximately 2,000 pages of original materials and sent

thousands of other copies of materials as well. He was

clearly engaged in a systematic gathering up of materials.

He had free access to Mr. Garrison's materials which he

would go into and copy what he wanted and send on to Mr. Flynn

or toward the end also to Contos & Bunch.

The church made reasonable efforts to inquire

of Mr. Armstrong as to whether he was engaging in this

 

 

 
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improper conduct. John Peterson, an attorney for the church,

sent a letter to Mr. Armstrong asking that he return

anything that had been taken while he was a church employee.

Mr. Armstrong responded that there was nothing, although

the materials under seal are original materials which

Mr. Armstrong had in his possession which were ultimately

delivered to the church and which come from the archives as

originals.

In addition, there were numerous copies. In

Mr. Armstrong's response he said nothing about the fact that

he had been copying materials or taking materials from

Mr. Garrison.

The church, concerned about the situation and

concerned about whether or not either originals or copies

of the archives materials had been taken, set about a reasonable

course of retaining private investigators through Mr. Peterson

and others to engage in surveillance of Mr. Armstrong in

an effort to determine whether or not he had archives

materials which he was not entitled to. The surveillance

was extensive and involved substantial expense suffered by

the church in an effort to recover its property.

Ultimately, as the court is aware, a temporary

restraining order and then a preliminary injunction was

issued and the materials which are now under seal were

returned pursuant to court order from the firms of

Michael Flynn and Contos & Bunch. The order required that

all materials or copies of materials from the archives be

provided to the court.

 

 

 
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Mrs. Hubbard learned of this whole affair only

after the court suit itself had begun. She was not aware

that any of this had occurred. She was quite upset to hear

that hers and her husband's private materials were being

gathered up and extremely upset to hear that Mr. Armstrong,

whom she had known, had not only gone into her private

storage but more to the point, then sent these materials to

Mr. Flynn.

At this time the relationship of Mr. Garrison

to this whole matter had been resolved. Mr. Garrison and

the publishing company with whom he originally entered

into a contract or successor to that contract actually,

entered into a settlement agreement. In that settlement

agreement Mr. Garrison agreed that he was not going to

publish a book. He returned all materials from the archives

that he had and he forgave any possessory claim that he

may have had or presently had with respect to any other

materials that had been provided to him in connection with

his biography research.

 

 

 
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The court is aware that Mr. Hubbard, who is not

available, has sent a letter expressing his wishes that

these materials be returned to the custody of the church.

We'll authenticate that letter and show that it is a genuine

letter from Mr. Hubbard.

The materials themselves are of such a range

that any description hardly begins to give a comprehension

of just how extensive and how private both from the point of

view of the Hubbards personally and from the point of view

of the church because many of the materials relate to

internal church matters or Scientology matters.

There are under seal letters from the mid-1960s;

many letters from Mrs. Hubbard to Mr. Hubbard and some from

Mr. Hubbard to Mrs. Hubbard; materials relating to the

tragic death of one of the sons of the Hubbards that

Mr. Armstrong sent to Mr. Flynn.

There is a pre-marital agreement which had never

been even discussed with other people which Mr. Armstrong

sent.

There are letters from the Hubbards' parents and

Mr. Hubbard and Mrs. Hubbard, extensive correspondence

between Mr. Hubbard and his first two wives and private

financial materials relating to that; extremely personal

journals kept by Mr. Hubbard which speak to his innermost

thoughts and which are part of the early bodies of self-

research in the development of Scientology and Dianetics

which have not been published and which he has never

provided to anyone until Mr. Armstrong took them and gave

 

 

 
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them to Mr. Flynn; Naval records obtained and put in the

archives; unpublished manuscripts of extraordinary value

which Mr. Hubbard had never indicated should be published;

tax and financial records of the Hubbards; wills,

correspondence with friends, correspondence with

Scientologists, correspondence with business associates,

correspondence with attorneys; records of attorney-client

conferences. The list goes on and on. And one could spend

an hour describing the range of these materials which were

taken.

Hence, we'll establish from the evidence that we

present that Mr. Armstrong was a church employee who had

access to the private and confidential material of the

Hubbards and the church; that after leaving, knowing their

privacy, knowing their confidentiality, he wrongfully went

and obtained them for unauthorized purposes which he knew to

be unauthorized, but in fact which were not only

unauthorized, but hostile; that he took materials that he

had no right to have at that point; that he had no right to

have access to; that he took them, sent them to an

individual antagonistic of the Hubbards and the church and

did so for antagonistic reasons and in furtherance of his

scheme of collecting multi-million dollar damage claims;

that he used the materials to prepare documents in other

cases than his own case and gave the same permission to Mr.

Flynn to do so; that he was not entitled to do any of this

and that any claim he makes to justify his conduct -- we'll

not address factually those issues in this opening

 

 

 
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statement -- but we'll say that any claim that he makes to

justify his conduct will be shown to be misleading and false

and which cannot be shown to justify his conduct in any way,

shape, or form.

In reality, what this conduct comes down to is

the act of voyeurs pouring through the private lives of

other people to find any and everything they can to spread

about them in an effort to discredit them in order to

collect through lawsuits large amounts of money; that it

will be shown that this supposed justification defense that

the defendant presents will come down to nothing but self-

serving vigilanteism of the worst kind.

In short, we'll show that Mr. Armstrong

converted these materials for his own use; that he

enormously invaded the privacy of Mrs. Hubbard, Mr. Hubbard

and the church and that he breached confidences that he had

been given and that he completely, disloyally, and without

justification breached his fiduciary obligation to both the

church and the Hubbards to maintain the privacy and

confidentiality of the archives materials.

THE COURT: Mr. Harris, did you have anything you

wanted to add?

MR. HARRIS: Mr. Litt was so eloquent, Your Honor,

I'll waive.

THE COURT: Mr. Flynn, do you wish to make an opening

statement at this time?

MR. FLYNN: I will, Your Honor.

Before doing so, I would like to briefly review

 

 

 
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my motion to dismiss for failure to join indispensible

parties. I'll be very, very brief.

The indispensible parties are the corporations

that Mr. Litt referred to, AOSH-DK Publications of Denmark;

New Era Publications which he did not mention, but which

Your Honor is going to find is one of the most significant

parties in this lawsuit. And the most significant party,

without doubt, is L. Ron Hubbard.

Mr. Litt told the court that final approval for

the entire biography project was predicated and given to

L. Ron Hubbard.

This court has no way of knowing how to dispose

of the interests in this lawsuit, the rights, liabilities,

and duties of any of the parties to this lawsuit without

Mr. Hubbard coming forth and giving testimony as to what

those rights, liabilities and duties are within the context

of the contracts and, specifically, the final biography

project with regard to Mr. Garrison was predicated upon

Mr. Hubbard's approval.

Since that is the unassailable fact that was

admitted by Mr. Litt, there is no evidence and there will be

no evidence before this court that Garrison didn't properly

maintain possession of the documents and could have

published them on his own; disseminated them across the

United States on his own, given them to people like

Mr. Armstrong; given them to anyone he wanted as well as

published them in the book. That final approval lay with

Mr. Hubbard.

 

 

 
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Mr. Hubbard is not before the court. He is an

indispensible party before the court.

There is a document under seal which

specifically states that Mr. Garrison has the right to use

the documents; create video tapes and promotional material

prior to even publishing the biography; to travel throughout

the world and publish the biography.

Since the one unassailable fact admitted by

Mr. Litt is that Mr. Hubbard's approval is required for all

of that, it will be impossible, without hearing evidence

from either the two corporations or from Mr. Hubbard as to

what should have been done with the biographical materials

that were collected by Mr. Armstrong, what should have been

done with the book and what in the future can be done with

the book, with the documents or with Mr. Armstrong's right to

publish the contents of the documents.

 

 

 
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There are several cases which at the conclusion

of the trial we will provide a memorandum to the court. I

am again renewing my motion for failure to join an indispensable

party. I think that the rights, liabilities and duties in

this case are governed by two contracts, two written contracts,

only one of which has been introduced, the second of which

we will call for production during the trial. All of which

require the final approval of Mr. Hubbard and with that I

will make my opening statement.

THE COURT: Well, I should rule on your motion, I

guess. For the reason previously stated, I will deny your

motion without prejudice. You can renew it later on.

MR. FLYNN: Your Honor, Mr. Litt is correct when he

states that this case involves a sacred trust. However,

the sacred trust is a trust that Mr. Armstrong owed to

himself and a trust that he owed to thousands of people who,

together with him, were victimized by L. Ron Hubbard.

It is a sacred trust that is owed to society

because of the representations made by L. Ron Hubbard about

himself which representations were disseminated and promoted

in a very commercial manner to obtain money. Indeed the

evidence that the court will see will specifically address

the promotion of L. Ron Hubbard as having certain credentials,

character, integrity, academic qualifications, military

background on which he sold himself to the public, such as

Mr. Armstrong, in order to obtain money.

This case does have a certain characteristic

that threads through the entire case, and I submit at the

 

 

 
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close of this evidence Your Honor will see very clearly

that these characteristics do not relate to Mr. Hubbard

as a founder of a revered religion. They relate to intrigue,

greed, misrepresentation, fraud and criminology, criminology

and fraud permeated not only Mr. Armstrong's entire involve-

ment with Mr. Hubbard but begins virtually from the age of

12 with Mr. Hubbard which Mr. Armstrong discovered.

That criminality and the lies, written lies

within written lies, within written lies, within written

lies become self-evident in these documents which will become

blatantly clear in testimony of Mr. Armstrong will indicate

that the sacred trust that was owed was fulfilled by

Mr. Armstrong, not only to himself but to this court and

to other Scientologists.

Mr. Litt indicated that the position of

Mr. Armstrong would be structured within the position of the

church. The court will hear the following evidence: That

when Mr. Armstrong joined the Church of Scientology in 1969

he thought be was joining something which was represented

to him as not being a religion. In fact, that representation

was universally made.

He joined an organization within a short time

called the Sea Organization. The evidence which is in the

documents and which you will hear from the mouth of

Mr. Armstrong is that he went on board a ship which was

owned by a succession of for profit corporations, and the

for profit corporations are the Hubbard Explorational

Corporation, O T S and O T C.

 

 

 
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The documents under seal will show that the

the individuals who worked on the ship worked for Mr. Hubbard in

a for profit corporation. In fact, the testimony will be

from Mr. Armstrong that in connection with the duties in

the port captain's office on board the ship, he was required

to go into each port and tell the people in the port that they

were a business corporation called O T C conducting business

research in management.

The representations that were universally

made from 1970 through 1975 as to who Mr. Armstrong worked

for was that he worked for a corporation called Operation

Transport Corporation. The documents show it and

Mr. Armstrong will so testify.

In fact, he was instructed per written policies

to state to whoever asked that he was not connected with

the Church of Scientology but he worked for that corporation.

Following Operation Transport Corporation he

was instructed when they landed in Clearwater, Florida to

tell everyone that he worked for an organization called

the United Church of Florida.

Following that he was instructed to relate

to the public, the press and the media that he worked for an

organization called The Friends of Norton Karno doing business

research, then it became the Friends of Mr. Snyder's Uncle.

Eventually these organizations wound there

way down to an organization called Author Services Incorporated,

which is now a for profit organization which encompasses the

people that Mr. Armstrong worked with who are now all earning

 

 

 
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money, wages doing the identical duties that Mr. Armstrong

did for the period of 12 years.

The evidence will be that Mr. Armstrong worked

in the personal office of L. Ron Hubbard. The documents

will show that the personal office of L. Ron Hubbard

was a for profit undertaking and that Mr. Armstrong and

the others were working in Mr. Hubbard's office were continually

told and, in fact, the evidence will be that Mr. Hubbard

told then that he worked for them and Laurel Sullivan,

Mr. Armstrong's senior, worked for L. Ron Hubbard and not

for the Church of Scientology.

That evidence, I submit to the court, will

become critical and there is extensive evidence which I

am not going to go into at the present time in order to

keep this brief, but that evidence is extensive and it will

show fact upon fact upon fact that in the mind of Mr. Armstrong,

he always worked for L. Ron Hubbard. In the mind of

L. Ron Hubbard, the parties to this contract, Armstrong

always worked for L. Ron Hubbard.

Coming up to the biography project, in January

1980 the Church of Scientology and L. Ron Hubbard and

Mary Sue Hubbard, a party in this case, were being investigated

by numerous state and federal agencies. In fact --

MR. LITT: Your Honor, I am going to object to this.

what is the relevance of that to the issues in this case?

THE COURT: I assume it is preliminary to the reasons

why he took these documents, what was done, how it came into

his possession.

 

 

 
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Overruled.

MR. FLYNN: In fact, in July 1977 there was a raid

on the premises here is Los Angeles of the Church of

Scientology and some 80,000 documents were seized by the

Federal Bureau of Investigation. The contents of those

documents I won't go into. They eventually led to the

indictment of the 11 highest officials of the Church of

Scientology, including Mary Sue Hubbard, and their subsequent

conviction.

In January of 1980 the organization was fearful

that there was going to be another raid. They were fearful

that this raid would tie Hubbard into several operations,

including Operation Snow White which was the subject of the

indictment of Mary Sue Hubbard. For that reason they mustered

between 150 and 250 people. They rented a paper shredder

which they designated Igor, and they proceeded to shred some

5- to 600,000 potentially documents. No one knows what the

final amount is.

The shredder operated for weeks. They were

using five ton trucks.

The evidence will be that the purpose of the

shredding operation, which becomes critical evidence in this

case, was to one, remove all evidence that connected

L. Ron Hubbard to the Church of Scientology, and two, remove

all evidence that connected him to the property at Gilman

Hot Springs. The evidence will be that under that criteria,

the criteria under which the shredding was conducted, the

documents should have been shredded. The documents were

 

 

 
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not shredded because Mr. Armstrong thought at that time

they had value as L. Ron Hubbard's personal documents and

private documents.

 

 

 
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For that reason they weren't shredded. Under

the criteria for shredding, they should have been shredded.

And that will be the evidence.

Five copies were made of those documents which

essentially encompass the documents that are under seal with

additions. The value of those documents, the evidence will

be, was lost over the next year and a half because of the

contents of the documents.

If the documents prove what the Church of

Scientology, Mary Sue Hubbard and L. Ron Hubbard held out

L. Ron Hubbard to be for 30 years and if he was in fact what

was set forth in numerous biographical publications about

him and his organization of this religion, then they may

have had value.

The documents, however, as I indicated at the

outset, will reveal precisely the opposite. And they lost

during that period of time all their intrinsic value as

pieces of paper. And as they lost their intrinsic value as

pieces of paper, they gained value with regard to their

informational content.

And as the court will see in the presentation of

the evidence, it is the content of these documents and the

perspective of Mr. Hubbard's involvement with this

organization which is the critical issue before this court

and which is the only issue relating to value.

At the outset of the biography project

Mr. Armstrong contracted with L. Ron Hubbard by submitting a

petition to Mr. Hubbard to collect materials to work on the

 

 

 
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biography project. There were no restrictions placed upon

his collection of the materials; in fact, the evidence will

be that over the next year and a half he collected literally

hundreds of thousands of pages and that the documents under

seal represent probably 2 percent of the documents

collected. And, in fact, the evidence will be that of the

documents under seal, contrary to Mr. Litt's representation

to the court that Mr. Armstrong scurried around and copied

thousands of documents in the last days before he left the

organization, of the documents under seal the copying that

was done in the last few days probably represents less than

5 percent of the documents that were copied throughout that

period of time.

The evidence will be that the biography project

started and that the mid-1970s; the person most instrumental

in the biography project was Laurel Sullivan.

When Mr. Armstrong collected these materials and

obtained approval from L. Ron Hubbard, he went to Laurel

Sullivan. Laurel Sullivan contacted Mr. Hubbard and the

biography project at this point probably became reborn for

the third time.

There were two prior occasions when they

attempted to do it. The authors found so many discrepancies

in the biographical data on L. Ron Hubbard that they were

unable to proceed. Now for the third time the project is

reborn.

Laurel Sullivan and Armstrong believed they had

the documents to support a legitimate biography of L. Ron

 

 

 
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Hubbard. For that reason a lot of wheels are placed in

motion. Contract negotiations began.

Contrary to the representations of Mr. Litt, the

testimony will be that Mary Sue Hubbard didn't represent her

husband in those contract negotiations, but as she testified

in those depositions, she represented the interests of the

Church of Scientology.

Contract negotiations began and a written

contract was entered into in October of 1980. The contract

was entered into between what we called the PDK and Omar

Garrison. That contract, we submit, will be one of the most

critical pieces of evidence in this case, a provision with

regard to whether the documents could be revealed to third

parties or disclosed to anyone outside the people who were

immediately involved; namely, Gerald Armstrong, Laurel

Sullivan and Omar Garrison were specifically excluded from

the contract because it would have voided the contract as a

violation of public policy under the restatement of

contracts and under several cases that have been decided in

California.

MR. LITT: May we approach the bench, Your Honor, or

I'll make it here.

I believe -- we had a discussion about what

information Laurel Sullivan may or may not have given to

Mr. Flynn. I don't know exactly what he is referring to,

but if I had to put my money down, it would be that she has

been talking to him about advice that she gained from a

Church of Scientology staff member -- about advice --

 

 

 
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THE COURT: He is talking about the non-inclusion of

something in the contract.

Let's go forward.

MR. FLYNN: There was a question about Mr. Litt's

association on the --

THE COURT: Let's go on. Overruled.

 

 

 
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MR. FLYNN: They specifically did not put that provision

in the contract. The defense submits that that is one of

the critical items of evidence in this case with regard to

the rights and liabilities of Omar Garrison from which

Mr. Armstrong got the documents and, in fact, if they had

put it in, it would have been void as against public policy.

At the same time that contract was entered

into, a contract was entered into between L. Ron Hubbard

and PDK with regard to the publication rights in the biography.

Under the biography proposals that were negotiated at the

time, L. Ron Hubbard was to make $10 million from the

publication of this book. The evidence will be that that is

a for profit purpose, and Mr. Armstrong was working in

connection with that for profit purpose. Under that

contract Mr. Hubbard had final approval over every item

relating to the biography project. That contract has never

been produced.

During the next year and a half, and I won't

go into the misrepresentations, I will simply itemize for the

court some of the areas without stating what the evidence

will be from the documents at this time in order to obviate

Mr. Litt's objection. Some of the representations that

were made about L. Ron Hubbard which became the critical

focus for Mr. Armstrong in the collection of the documents

are as follows, and as the evidence will be, these became

absolutely the fundamental basis upon which most people paid

money and joined this organization.

That L. Ron Hubbard was a nuclear physicist.

 

 

 
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That he was a medical doctor. That he was a scientist.

That he's the most highly decorated naval hero

of World War II. That he served in five theaters. That he

was a commander of squadrons of Corvettes.

That he was crippled and blinded from war wounds.

That he was twice pronounced medically dead. That he was

the first casualty of the Far East.

That he was flown home personally in the

Secretary of Navy's personal airplane. That he received

28 medals and palms.

That he was the subject of "Mr. Roberts." That

he is Mr. Roberts, the subject of the movie. That he served

in the amphibious forces in the South Pacific in connection

with his "Mr. Roberts" activities on the U.S.S. Algol.

That he was fully healed and reclassified for

combat duty after World War II as a result of his discoveries,

scientific discoveries of Dianetics. That at one point he

was returned to combat without rest in order to command a

Corvette. That he served the remainder of that year with

British and American anti-submarine vessels in the North

Atlantic.

That his naval record states that he was

permanently disabled physically. That his naval record

states that this officer has no neurotic or psychotic

tendencies whatsoever.

That the naval record states that he saw

duty in the North Pacific. That in the space of two years

he worked himelf back to fitness and strength.

 

 

 
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That after World War II he had to study for

several years when he was blind and couldn't see. That he

resigned his commission in the Navy rather than assist

government research projects. That he worked for naval

intelligence in breaking up a black magic ring.

That he was sent home as the first casualty

in the Pacific and relieved by 15 officers of rank.

He studied under a Commander Thompson from the

age of 12 who vas a student of Sigmund Freud. That he was

a civil engineer with a Bachelor of Science, with a Ph.D.

That he was an atomic physicist, an anthropoligist.

That he had graduated from George Washington

University in mathematics and engineering. That be excelled

in his subject.

These are all written representations in the

biographical sketches of L. Ron Hubbard.

That he attended Princeton University as a

post-graduate. That he was involved in the first course in

nuclear physics.

That he graduated from grade school with high

honors. That he excelled in his subjects in high school.

That the book "All About Radiation" was written

by a nuclear physicist and a medical doctor, which is

purportedly him.

That between 1924 and 1929 he was educated

in Asia and studied under Llamas and learned the wisdom of

the Far East under four years of intense study.

 

 

 
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That he was an adventurer and explorer; that he

had conducted a Carribbean motion picture expedition;

conducted extensive underwater photography in connection

with that expedition; that he did it for the Hydrographic

Office of the Navy and that he provided the materials for

that expedition to the University of Michigan; that he led

three expeditions to study savage peoples; that he led an

expedition into Central America; that between 1933 and 1941

he visited many barbaric cultures; that he did the first

complete minerological survey of Puerto Rico; conducted the

Alaskan Radio Expedition for the government; rewrote the

Alaskan Pilot charting the coastline of Alaska; was the

originator of LORAN in connection with that expedition; that

he claimed he led an expedition to the Red Sea to

investigate and research underwater civilizations; that he

was involved in an around-the-world flight.

With regard to his health, he has claimed that

because of Dianetics, he represented the supremely healthy

and perfect human being.

He makes various claims with regard to his

health after World War II through the 1950s and into and

throughout the 1970s and into the early 1980s; that he was a

blood brother of the Black Feet Indians; that he wrote the

book Treasure Island; that he was -- that he was a Hollywood

director; that he wrote several books and Hollywood scripts;

that he is a member of various organizations relating to all

of his academic and professional qualifications.

The evidence will be that all of those

 

 

 
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representations are uniformly false.

The evidence will be that in early 1980 what

triggered this entire matter was that Mary Sue Hubbard and

the other individuals who were under indictment were trying

to raise funds in connection with the Church of Scientology

to defend themselves in a criminal case. In connection with

raising those funds, promotional material was sent out

throughout the United States; that the movie, the Dive

Bomber, a movie that was produced in the 1930s, was written

by L. Ron Hubbard; the screenplay was written by L. Ron

Hubbard and that thousands of people in connection with

extensive promotional materials that earned somewhere

between twenty and thirty thousand dollars was sent out to

have people come in and see the movie on the basis that it

was written by L. Ron Hubbard and on the basis that all of

the people that were to go to see the movie believed all of

those biographical representations that I laid out to the

court.

 

 

 

 
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Mr. Armstrong, because of the position he was

in as the researcher simply began to conduct research into

this very initial subject as to whether or not L. Ron Hubbard

had written the "Dive Bomber." He went to the library of

the Academy of Motion Picture Arts and Sciences, and he

could find no credit for L. Ron Hubbard. He found that

L. Ron Hubbard had written a very short story called

the "Dive Bomber" in the 1930's and he read the entire screen

play of the movie and the "Dive Bomber" and the were 180 degrees

opposite, and one had nothing to do with the other.

He than went to his seniors and he explained

to thaem that the promotional material was false based on

what he had found and he didn't think that L. Ron Hubbard

had written the "Dive Bomber" and it couldn't be proved.

A communication was then sent to L. Ron Hubbard

to try to explain the discrepancy in these basic facts upon

which thousands of people were about to pay between 20 and

$40,000 to defend Mary Sue Hubbard.

A communication came back from L. Ron Hubbard,

which is under seal, and the communication states that the

reason they couldn't find his credits was because someone

at Warner Brothers tried to gyp him out of the money, that

he really did, in fact, write it and they paid his $10,000

under the table, and this is on the sealed document, that

L. Ron Hubbard was paid $10,000 under the table, and then

he took the $10,000 before the war started and put it into

a safe deposit box, and then when the war ended, he used

the $10,000 to go on a cruise in the Carribbean.

 

 

 
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The beginning of Mr. Armstrong's inquiry

focused around this matter because Mr. Armstrong had remembered

in the collection of materials that he read that Hubbard

had said he was crippled and blinded after World War II,

abandoned by his family, penniless, broke, destitute, cured

himself with Dianetics, and not until he wrote the book

"All About Dianetics" in 1950 did he have any funds.

The documents under seal inescapably prove

that between 1945 when Mr. L. Ron Hubbard got out of the

Oak Knoll Military Hospital as a inpatient and 1950 prior to

writing "Dianetics, The Modern Science To Mental Health";

not only did he not have $10,000, but he was throughout the

five years writing to the Veterans Administration saying he

was broke, claiming that he vas a victim of war wounds to

get a pension.

The documents will prove that even among

those documents, it shows that there were no war wounds.

That he was destitute and broke and whatever it showed

Mr. Armstrong in 1980 was that the letter that Hubbard had

written in 1980 about what he had done is 1945 through '47

was false. Then as Mr. Armstrong got into the naval documents,

he found out that virtually everything that was said about

Mr. Hubbard with regard to his naval career was false, which

led him into all of the other documents.

Throughout this period of time he was having

on-going conversations with members of the organization and

with Omar Garrison. He explained to Garrison, he explained

to members of the organization what he was finding. Garrison

 

 

 
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realized after a period of time, and the evidence will be

from Mr. Garrison's mouth, that the biography could not

possibly be written. That it was subject to Hubbard's

final approval, and that they were being told that

Hubbard could not even be communicated with. So Mr. Armstrong

and Mr. Garrison both realized that they were in a box.

They had discovered the truth about an

individual who was involved in an organization which had a

doctrine called the "Fair Game Doctrine." The evidence

will be from Mr. Garrison, contrary to Mr. Litt's representations

to the court, that Mr. Garrison drove Mr. Armstrong to the

airport to come to Clearwater to see Michael Flynn because

they were both afraid for their lives.

The evidence will be that prior to Gerald

Armstrong ever contacting Michael Flynn on February 18, 1982,

revised on April 22, 1982, before there was any contact

between Gerald Armstrong and Michael Flynn a Suppressive Person

Declare was issued on Gerald Armstrong which accused him of

theft, illegally taking or possessing church property,

receiving material for private gain, impersonating a

Scientologist staff member, falsifying reports, making out

or submitting false purchase orders, juggling accounts,

obtaining loans or money under false pretenses, issuing

data or information which was false, engaging in malicious

rumor mongering of things that were false, and some 10 or 11

other allegations against Mr. Armstrong, making him subject

to the Fair Game Doctrine.

That is why he came to Michael Flynn, and it

 

 

 
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wasn't until that was declared and they realized the position

they were in and photographs were stolen from Mr. Armstrong

during this period of time that he came to an attorney

after he was told by one of the highest members of the

organization to go get an attorney.

The evidence will be that Mr. Garrison felt

that under the contract and the promotional materials that

had been given to him, which as I indicated are under seal,

he had the right o use the documents within his discretion.

His discretion was something that was never defined by the

contract. There were never any limitations put under the

contract.

Given that critical fact, the defense's

position is and the evidence will be that Garrison rightfully

gave the documents to Gerald Armstrong to defend himself

against an attack by an organization when he, in fact, had

simply sought to correct falsehoods.

 

 

 
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In that he was within his sacred duty to correct

those falsehoods.

The evidence will be that thereafter Mr. Armstrong

was ordered to return the documents by Mr. Peterson and that

in order to safeguard the evidence of what he knew was the

truth in that he knew that he had not engaged in malicious

rumor-mongering and defamation, he sent the documents to his

lawyer.

The evidence will be that the church then sued

him and then after a year of this litigation in which this

court did allow documents to be used in other litigation and

specifically provided for that in the preliminary

injunction, the evidence will be that in the summer of 1983

the non-parties to this litigation, PDK assigning its

contractual rights to New Era Publications, entered into an

agreement with Omar Garrison and that pursuant to that

agreement, Omar Garrison was paid approximately $240,000 --

we believe, but we are not certain --

MR. LITT: Your Honor, I object. This is not stated

to be evidence, but belief.

MR. FLYNN: We are subpoenaing the settlement

agreement to find out. It was never given to us.

The evidence will be that Mr. Garrison, until

that point in time, possessed the documents and had the

right to possess the documents. And during the period of

time that he gave them to Gerald Armstrong, he did so

pursuant to the contract; that since New Era Publications

and PDK are not parties to this lawsuit, the right to

 

 

 
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possession of the documents throughout the pendency of the

lawsuit has been pursuant to that contractual arrangement,

first in Omar Garrison and then under the agreement that was

made in the summer of 1983, apparently, in a corporation

called New Era Publications, a full profit corporation that

is not a party to these proceedings.

The evidence will be that throughout the period

of this lawsuit Mr. Armstrong has adhered to the orders of

the court in that the only reason that this litigation is in

this court is because of the content of those documents.

Mr. Armstrong did not convert and could not

convert, as the evidence will be, what was rightfully in his

possession based on the rightful possession of Omar

Garrison.

The evidence will be that L. Ron Hubbard and

Mary Sue Hubbard and the plaintiff Church of Scientology of

California are public figures; that they made themselves

public figures beginning in 1952; that they thrust

themselves into the public arena on issues that most people

don't thrust themselves into the public arena on, their

integrity, their private lives, their health, the entire

basis on which they sold Dianetics and made hundreds of

millions of dollars which were put in Licthenstein bank

accounts between 1952 and the present was the integrity,

character, and qualifications of L. Ron Hubbard and that all

of those things were grossly and falsely misrepresented

throughout that period of time to thousands of people who

relied on it.

 

 

 

 
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With respect to the invasion of privacy count,

the evidence will be that given the public-figure status of

Mr. Hubbard and given the documents that Gerald Armstrong

seeks to introduce into evidence and sent to me, those

documents relate to issues that Mary Sue Hubbard and L. Ron

Hubbard have thrust into the public arena.

With regard to documents that may be under seal

or in the possession of the Church of Scientology now, such

as private letters, they have never gone beyond Michael

Flynn, Mr. Armstrong's lawyer; never.

Number two, Michael Flynn has not even read

95 percent of the documents that relate to the personal

correspondence between L. Ron Hubbard, Mary Sue Hubbard, and

his other wives.

So the evidence will be that sending the

documents to a person's lawyer under the threat that I have

laid out to the court was entirely appropriate conduct and

that there has been no publication or dissemination beyond

giving them to his lawyer of any such confidential

materials.

At the outset of this case I informed the court

that what the case comes down to is what to do with these

documents; how they should be preserved for the sacred trust

that is owed to former members of the Church of Scientology;

for the sacred trust that society has in finding out what

this man has done and for the sacred trust of Mr. Armstrong

in protecting himself in this litigation and in his suit and

in his counterclaim.

 

 

 
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The evidence will be that there was no tort

committed by Mr. Armstrong at any point in time and that the

sole issue for this court to decide is whether the parties

are properly before the court in order to adjudicate the

rights and liabilities of all necessary parties that have an

interest in these documents and what to do with the

documents themselves.

THE COURT: We'll take a 15-minute recess.

(Recess.)

 

 

 

 
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THE COURT: All right. In the case on trial let the

record reflect that the parties and counsel are present.

You may proceed, Mr. Litt.

MR. LITT: We will call Donald Keir, Your Honor.

THE COURT: What is the last name?

MR. LITT: K-e-i-r.

DONALD KEIR,

called as a witness by the plaintiff, was sworn and testified

as follows:

THE CLERK: Be seated on the witness stand. Please

state your name and spell your last name.

THE WITNESS: Donald Keir, K-e-i-r.

DIRECT EXAMINATION

BY MR LITT:

Q Mr. Keir, what is your occupation?

A I an a latent fingerprint expert with the Los

Angeles Police Department Scientific Investigation Division,

latent print section.

Q And how long have you been so employed?

A I have been a fingerprint expert approximately

15 years.

Q And as a fingerprint expert, is it your job

to compare fingerprints to fingerprint exemplars in order

to determine whether they are the same or not?

A Yes, it is.

Q How many fingerprint comparisons have you made

 

 

 
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in the course of your career?

A In excess of one million comparisons of latent

fingerprints to exemplars.

Q And how many times have you been qualified as

a fingerprint expert in Los Angeles courts?

A In excess of 375 times.

MR. LITT: May we have the letter from Mr. Hubbard

which has been sent up by the clerk marked as exhibit 1?

THE COURT: Rosie, could you get that for us?

MR. FLYNN: Is this being offered at this point,

Your Honor?

THE COURT: No, just marked for identification.

 

 

 
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MR. LITT: Your Honor, I have a copy --

THE COURT: We have found it, Counsel.

MR. LITT: May I approach the witness?

THE COURT: Yes, you may.

MR. LITT: Thank you, Your Honor.

Q Mr. Keir, I am showing you a letter which is

marked as exhibit 1; have you ever seen this letter before?

A Yes, I have.

Q And did you see it by coming down to the

clerk's office in this court and examining it?

A Yes, I did.

Q And when you examined it did you have any

materials with you to compare the fingerprints to it?

A Yes, I did,

Q Do you have those with yon?

A Yes, I do.

MR. LITT: May I approach again, Your Honor?

THE COURT: You may.

MR. LITT: I'll mark this as exhibit 2.

The next one will be 3.

Have you marked that already?

THE CLERK: No; just put a little 2 on it and keep it.

THE COURT: Is that the exemplar card? Is that correct,

a Xerox?

MR. FLYNN: I object, Your Honor.

MR. LITT: I'll lay the foundation.

THE COURT: You do have to lay the foundation.

Go ahead.

 

 

 
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Q BY MR. LITT: Mr, Keir, did you use this

Xeroxed copy of an exemplar card that has been marked at the

top "Exhibit No. 2, Hubbard, Lafayette Ron" and compare these

fingerprints on this exemplar card on exhibit No. 2 to the

fingerprints on exhibit 1.

A Yes, I did.

Q Did you use a conclusion as to whether or not

the fingerprints imprinted on exhibit 1 are the same as the

fingerprints --

Let me just finish and then -- I have another

exhibit card which will be connected to --

THE COURT: Let's go toward.

MR. FLYNN: I have no idea where these exemplars come

from.

THE COURT: You'll have to lay a foundation.

Let's go forward.

Q BY MR. LITT: Did you make a comparison between

exhibit 1 and exhibit 2 with respect to these fingerprints?

A Yes, I did.

Q And can tell me what your conclusion was?

MR. FLYNN: Objection, Your Honor.

THE COURT: Overruled.

THE WITNESS: That the fingerprint, the first finger-

print on top of the page, that, I felt was unidentifiable.

The second latent fingerprint, the second print

on page No. 1, I identified to the right index finger.

THE COURT: You are referring to the -- what appear

to be latent prints on exhibit 1; is that correct?

 

 

 
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THE WITNESS: That is correct.

THE COURT: Did you develop these latent prints

yourself, or somebody else?

THE WITNESS: They were developed already.

THE COURT: All right.

THE WITNESS: On page 2 of the document, the first

print on top of the page was also unidentifiable.

The second print I identified to the right

index finger of the exemplar.

The third print on the page I identified to the

right index finger of the exemplar.

 

 

 
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Q BY MR. LITT: So if I understand your testimony

correctly, you were able to match at least two of the prints

that are on the letter that is marked exhibit 1 to be

identical to the right index finger of the exemplar that is

marked 2?

A There is three fingerprints in total, one on the

first page and two on the second page.

Q Showing you exhibit No. 3 which is a document

entitled at the top "State of California Department of

Justice" and is sworn to by Rolf R. Owre, Legal Keeper of

Records at the Bureau of Criminal Identification and is a

certification that the fingerprints attached to this, and

the attachment page 2 have the initials of Rolf Owre on

them, the exhibit 3 says that this is the fingerprint card

of Lafayette Ron Hubbard; have you seen this document

before, exhibit No. 3?

A Yes, I have.

Q And did you make a comparison between exhibit

No. 3 fingerprint card and the fingerprints on exhibit

No. 2?

A Yes, I have.

Q And did you reach a conclusion as to whether or

not they are the same set of fingerprints?

A Yes, I have reached a conclusion that they were

made by one and the same person. They are copies of the

original that were certified.

Q And assuming that the fingerprints on exhibit 3

are in fact the fingerprints of Lafayette Ron Hubbard, would

 

 

 

 
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you have a conclusion as to whether or not the prints on

exhibit 1 are the fingerprints of L. Ron Hubbard?

A Yes, I would.

Q And what would that conclusion be?

A That the prints on exhibit No. 11 were made by

L. Ron Hubbard.

MR. LITT: Your Honor, I would move into evidence

exhibit No. 3. It is a self-authenticating documents. It

is certified.

THE COURT: Let me see it.

Any objection, counsel?

MR. FLYNN: I object, Your Honor.

THE COURT: What basis?

MR. FLYNN: Your Honor, I object to the introduction

of either the letter or anything to lay a foundation to

authenticate the letter based on fingerprinting on the

grounds that it is hearsay. It is irrelevant and it is not

trustworthy enough with regard to where this letter has come

from, the circumstances under which the letter was written,

who was present, et cetera.

All this witness has testified to is that these

two fingerprints are the same. That doesn't authenticate

the document.

THE COURT: Well --

MR. LITT: I am not at this time moving in exhibit 1.

THE COURT: No, he is offering these fingerprint

exemplars, 1 and 2 -- rather 2, and 3.

MR. LITT: 2 and 3, yes.

 

 

 
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MR. FLYNN: 3 is --

THE COURT: Certified copy of what appears to be a

record of a fingerprint card that was filled out back in

1948 from the Sheriff's Office, San Luis Obispo County. I

don't see any reason --

MR. FLYNN: I will withdraw my objection to this,

counsel.

THE COURT: 2 and 3 will be received.

MR. LITT: I have no further questions of this

witness.

THE COURT: Any cross?

MR. FLYNN: Just very briefly, Your Honor.

THE COURT: Surely.

CROSS-EXAMINATION

BY MR. FLYNN:

Q Mr. Keir, have you ever met L. Ron Hubbard?

A No, I have not.

Q Did you ever see him put his fingerprints on any

piece of paper?

A No, I have not.

Q Do you know where he is?

A No, I do not.

Q Do you know the circumstances under which what

has been marked as exhibit 1 for identification was

prepared?

A No, I did not.

Q Did you examine the arrest report of L. Ron

 

 

 
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Hubbard dated August 8, 1948?

A No, I did not.

Q Did you work from a copy or did you work from an

original?

A I worked from a copy.

Q Isn't it necessary in your line of work to work

from originals?

A It depends on the clarity of the comparison that

you are comparing it to. Generally the original is a

clearer copy, yes.

Q Well, it is well known that a fingerprint expert

generally wants to work from originals rather than copies?

A Generally, yes.

Q And your testimony is you worked from a copy?

A That is correct.

Q And the copy was a fingerprint card from a 1948

arrest record of L. Ron Hubbard?

A It was a fingerprint card taken in 1948 of the

arrest of L. Ron Hubbard, yes.

Q What was he arrested for?

MR. LITT: Objection.

MR. HARRIS: Objection.

THE COURT: That is immaterial.

Q BY MR. FLYNN: Did you compare the original of

exhibit 1 to the copy which has been marked exhibit 2?

A Yes.

Q Where did you get that original?

A I made the comparison downstairs.

 

 

 
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Q Do you know how that was delivered to the court?

A No, I do not.

Q So the first time you saw it was downstairs?

A That is correct.

MR. FLYNN: Nothing further.

THE COURT: Anything further?

MR. LITT: No, Your Honor.

THE COURT: You may step down, sir. You are excused.

MR. LITT: Our next witness will be William Bowman,

Your Honor.

 

WILLIAM L. BOWMAN,

called as a witness in behalf of the plaintiffs, was sworn

and testified as follows:

THE CLERK: Be seated on the witness stand. Please

state your name and spell your last name.

THE WITNESS: My name is William L. Bowman,

B-o-w-m-a-n.

DIRECT EXAMINATION

BY MR. LITT:

Q Mr. Bowman, what is your occupation?

A I am an examiner of questioned documents, more

commonly called a handwriting expert.

Q And how long have you been employed or had the

occupation of being a questioned document examiner?

A Approximately 25 years.

 

 

 
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Q Where were you employed with you first began

that occupation?

A Los Angeles County Sheriff's Department.

Q How long did you work there?

A I was on the department for 11 years. A portion

of that I was in the Documents Section.

Q For what portion of that were you in the

Documents Section?

A Nine of the eleven years.

Q What posts did you hold with respect -- within

the Los Angeles Sheriff's Department with respect to

questioned documents?

A Well, after the trainee position, which was the

initial training portion, I became the chief documents

examiner, taking over from Mr. John L. Harris, the senior in

the firm of Harris & Harris who was a private contractor for

the County.

Q How long were you the actual chief documents

examiner for the Los Angeles Sheriff's Office?

A Approximately six years.

Q In that period of time how many questioned

documents examinations did you make, approximately?

A Well, I couldn't tell how many examinations, but

the number of documents was approximately 100,000.

Q After you left the Los Angeles Sheriff's Office

where did you go?

A I resigned my position to go into private

practice as a documents examiner.

 

 

 
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Q How long have you been in private practice as a

documents examiner?

A Well over 15 years.

Q Have you worked in your own firm during that

period of time?

A Yes.

Q During that period of time approximately how

many documents have you examined in connection with making a

questioned documents analysis?

A I don't have any figure because I don't count

anymore to justify my time. But I would say it is probably

approximately the same number.

Q Approximately 100,000?

A Yes.

Q And have you ever testified as an expert witness

on the subject of questioned documents?

A Yes.

Q On how many occasions?

A Well, again, after leaving the Sheriff's Office

I didn't keep accurate count. But at that time it was

approximately 500 times. I would estimate now it is between

800 and 1,000 times.

Q Has that been in proceedings in this court, the

Los Angeles Superior Court?

A Yes. And in other courts in the state and in

other states.

Q And in Federal Court as well?

A Yes.

 

 

 

 
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Q Will you take a look at what is marked before

you as exhibit 1?

Have you seen that document before?

A yes.

Q Do you recall when that was?

A Yes.

Q When?

A The afternoon of March 23rd, 1984 in this

building.

Q And did you come down to the court and have the

document exhibit No. 1 provided to you for your examination?

A Yes.

Q When you came down did you have any materials

with you?

A Yes.

Q What were those?

A Well, I was accompanied by someone else who had

several documents in their possession which were letters

either identified to me as being written by L. Ron Hubbard

or signed by him with the signature on it.

I believe all the documents I had previously

seen in other matters involving the same individual --

MR. FLYNN: I object, Your Honor, and move to strike.

THE COURT: On what basis?

MR. FLYNN: Hearsay as to what these people said about

the documents that were provided to him.

THE COURT: I'll deny the motion. Overruled.

Proceed.

 

 

 
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Q BY MR. LITT: Do you have copies of the

materials that you actually used to make your handwriting

comparison with you?

A Can you bring it out, please?

Can you identify for us the material that you

have just taken out of your briefcase?

A The first document consists of writing on both

sides of the single sheet of paper.

The first line is titled "HCO." And it appears

to be the letters "P" and "D." And then what might be "LTR"

and what appears to be a date, "1 M-a-r '66."

On the reverse side of the top of the page it

has the number "34" written on it.

And at the bottom there is an initial which I

recognize as being the initial of L. Ron Hubbard.

The second document is titled "My Philosophy by

L. Ron Hubbard" at the top.

It has another notation in the upper right-hand

corner which bears a date 11- -- either 10 or 15 '65. It is

multi-pages, but the last page at the very bottom as the

signature "L. Ron Hubbard" which I identify as being his

signature.

The third document -- I don't recall what all

the words are in the title, but the second part of the title

has "For Apollo's '74." And it is dated 3 J-a-n '74."

Although it has been written over, probably '73 before.

That is multi-pages.

The last page has a printed initial "LRH."

 

 

 
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Q Let's just take the first two for the moment.

The first document that you described, can you

mark at the bottom of that a No. 4 for exhibit No. 4?

THE COURT: 4 for identification.

Q BY MR. LITT: That is the document that starts

"HCO" and "Pd"; is that right?

A That is correct.

I have marked a "4" with a circle around it.

Q And the document marked "My Philosophy," can you

mark that as No. 5?

THE COURT: It may be so marked.

THE WITNESS: Yes, I have.

Q BY MR. LITT: Now, when you went down to the

court to look at the exhibit No. 1 were the originals of

these exhibits Nos. 4 and 5 with you?

A Yes.

 

 

 
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Q They were handwritten pages that appeared to

be in a ballpoint pin or some kind of pen on an original

paper?

A That is correct.

Q And were you present when the Xerox copies

that you made use of were made in my office?

A Yes, I was.

Q So the Xerox copy that you have with you, were you

present when it was made from the original?

A Yes, as I recall it was at my request so I

would have something to place notations on. So it was in

response to my question.

MR. LITT: Now, Your Honor, what I would like to do,

I have the originals of these materials with me if the parties

want to inspect them. I do not want to mark them and

introduce them into evidence.

I would only ask to substitute them for copies

which we already have.

THE COURT: Lay a foundation that those are true and

correct copies of the original and counsel can see them if

he wants to.

MR. FLYNN: We have no objection.

THE COURT: All right, then, are these true and

correct copies of the originals, sir?

THE WITNESS: Yes, they are, Your Honor.

THE COURT: Proceed.

Q BY MR. LITT: Now, Mr. Bowman, did you make a

comparison of the documents that have been marked exhibit No. 4

 

 

 
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and exhibit No. 5 of the handwriting on those exhibits? Did

you make a comparison between the handwriting on those

exhibits and the handwriting an the exhibit which is marked

as exhibit No. 1?

A Yes.

Q And did you reach any conclusion as to whether

or not the handwriting on exhibit No. 1 was written by

the same person as the handwriting on exhibit No. 4 and

No. 5?

A Yes.

Q And what was the conclusion?

A After making the examination it was my opinion

that the person who wrote on the two pages consisting of

exhibit 1 was the same person who wrote the handwriting on

the other exhibits now marked 4 and 5. It was the same

person's normal handwriting.

Q One further question which is: Attached to

exhibit No. 1 is a typed version of the handwritten version;

have you examined that typed version? Have you seen it?

A I have seen it, but I have not examined it.

In fact I don't recall even reading it at all.

Q Just so there is no question about the hand-

writing, could you read the handwriting on the letter?

Unless there is a stipulation that the typed

version is the same, Your Honor, we will have Mr. Bowman

read directly from the handwritten text so that there is

no question about what the text said.

MR. FLYNN: If Mr. Litt is willing to represent that

 

 

 
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they are the same, Your Honor, I will accept it.

MR. LITT: Okay.

THE COURT: All right. You need not read it.

MR. LITT: I have no further questions.

THE COURT: You may cross-examination.

 

CROSS-EXAMINATION

BY MR. FLYNN:

Q Were you present, Mr. Bowman, when exhibit 1

was written?

A No.

Q Who are you working for today in connection

with your testimony here?

A Mr. Litt.

Q And have you ever been employed by Mr. Litt

before?

A Yes.

Q In connection with Scientology litigation?

A Yes.

Q On how many occasions?

A Well, I believe only once.

Q One other time?

A I believe so. I know once.

Q And was that for a comparative analysis of

L. Ron Hubbard's handwriting?

A Yes.

Q Did you use the same exemplars that

you used here in the courtroom?

 

 

 
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A With the exception to the best of my recollection

of exhibit 4, yes. I have previously seen exhibit 5 and I

had a copy in my possession from previous examination.

Q So you used the exemplar that says "My

Philosophy"?

A Yes.

Q The original?

A Yes.

Q Do you know where that came from?

A No.

Q Had you ever seen exhibit 1 prior to doing

your examination?

A No.

MR. FLYNN: That is all I have.

THE COURT: Anything further, Counsel?

MR. LITT: Nothing further.

We will move exhibits 4 and 5 into evidence,

Your Honor.

THE COURT: Let's see, what are 4 and 5? The exemplars?

MR. LITT: They are the comparison letters.

THE COURT: Are you prepared to prove up that these

are the writings of Mr. Hubbard?

MR. LITT: We will do that through a separate witness.

THE COURT: All right.

THE WITNESS: I might explain I have placed red

markings on those sheets as to things I observed in case

anybody wonders what they are are. That is my notations.

THE COURT: All right.

 

 

 

 
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REDIRECT EXAMINATION

BY MR. LITT:

Q Do you have an extra copy in your own files

of that?

A No, I don't.

MR. LITT: I have my own copies that don't have

Mr. Bowman's markings on them. I assume he would like to

keep for his records his notations. Could I substitute our

copy?

THE COURT: I don't have any problem. Do you have

any problem?

MR. FLYNN: No problem. We have no objection to them

going into evidence.

THE COURT: All right then we will receive 4 and 5

into evidence. Substitute additional copies.

MR. FLYNN: Could Mr. Litt make copies available to

us, Your Honor?

MR. LITT: Yes, I will, your Honor.

THE COURT: You may step down, sir.

THE WITNESS: Thank you, Your Honor.

MR. LITT: Your Honor, may I make a suggestion -- may

I have just a moment?

MR. HARRIS: Here's the problem so your Honor

understands.

On Monday I have been summoned -- well, not

really because I caused it to happen -- to be down in

San Diego Federal District Court in connection with a

trade mark matter that I can't get out of, and we are just

 

 

 
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trying to determine which witnesses, because we each have

responsibility for different witnesses, we should put on.

I think we just need about five minutes unless the court is

prepared to say at this point that we could adjourn Monday,

never to adjourn again, for my absence.

THE COURT: I plan an being here Monday.

MR. HARRIS: Yes, I figured you did.

THE COURT: Because we have lost a little bit of

time up to this point.

MR. HARRIS: Very well.

THE COURT: We might as well take a break until 1:30

if you have to get through this consultation.

MR. HARRIS: Fine.

THE COURT: We will resume at 1:30.

(The luncheon recess was taken at

11:45 a.m. until 1:30 p.m. of the same day.)

 

 

 

 
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LOS ANGELES, CALIFORNIA; THURSDAY, MAY 3, 1984; 1:33 P.M.

-o0o-

 

 

THE COURT: In the case on trial, let the record

reflect that counsel are present.

You may proceed.

MR. HARRIS: Thank you, Your Honor.

We split up our responsibilities. And I'll

be taking the next couple of witnesses so I can be free on

Monday.

THE COURT: very well.

MR. HARRIS: Mr. James Morrow, Your Honor.

 

JAMES L. MORROW,

called as a witness by the plaintiff, was sworn and testified

as follows:

THE CLERK: Be seated. Please, state your name and

spell your last name.

THE WITNESS: James L. Morrow, M-o-r-r-o-w.

 

DIRECT EXAMINATION

BY MR. HARRIS:

Q Are you an officer of the plaintiff Church of

Scientology of California?

A Yes.

Q What is your office?

A I am the vice president.

Q And what is the Church of Scientology of

 

 

 
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California?

A It is a non-profit California Corporation,

religious corporation. It is a church.

 

 

 

 
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Q And I take it you are a Scientologist?

A Yes.

Q And for how long have you been such?

A Twelve years.

Q In addition to your corporate office of

vice president, do you also hold a position a staff member

within the Church of Scientology of California?

A Yes, I do.

Q And are you a member of the Sea Organization?

A Yes, I am.

Q And what is that?

A The Sea Organization is a religious order made

up of Scientologists who have dedicted their lives to

Scientology.

Q From 1979 through or to December 1981 what

real property was owned by the Church of Scientology of

California?

A Generally there was Cedars of Lebanon -- the

former Cedars of Lebanon Hospital Complex, an adjacent

property to that, buildings and some parking lots; the

property that the Church of Scientology of San Francisco was

in; property in Clearwater, Florida where the Flag land base

was and still is; and property at Gilman Hot Springs.

Q And Gilman Hot Springs is in California?

A Yes.

Q From 1979 to December of 1981 what was the

position of the Church of Scientology of California insofar

as the ecclesiastical structure of the religion?

 

 

 
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A It was the mother church.

Q And what organizations were housed in that

corporation during that period?

A There was the Advanced organization of

Los Angeles, Saint Hill organization, the Church of

Scientology of Los Angeles organization, the Church of

Scientology of San Francisco, the Flag land base, various

management units of the church like the Commodore's Messenger's

Organization, an international Commodore's Messenger's

Organization for the PAC area, Pacific; U.S. Guardian's

Office; Flag operations Liaison Office, West U.S. That gives

a pretty good picture. I am sure I didn't get every one of

them.

Q It is a rather large group housed in this one

corporation?

A Yes.

Q Who is L. Ron Hubbard?

A He is the founder of the religion of

Scientology. He is the author of the scriptures of the

church, all the writings that make up the tenets and doctrines

of the church.

He is a man that is generally viewed by all

the scientologists as someone who has affected their lives

positively.

 

 

 

 
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Q Did the Church of Scientology of Calfornia have

a unit or bureau during the years 1979 to December 1981

which was called "The Personal Public Relations Office of

L. Ron Hubbard"?

A Yes, it did.

I think the name may have changed near the end

of 1981, but for most of that period.

Q Do you know what the name was changed to?

A I am not exactly sure. It was part of the

product development organization.

Q All right. And what was the function of the

Personal PR Office Bureau or whatever it was?

Is it a bureau, a unit? What did you call it

within the church?

A it was a unit of the church. It had the

function of promoting L. Ron Hubbard for the benefit of the

church because the church and L. Ron Hubbard are very

closely connected in that he is the founder of the church.

And by promoting L. Ron Hubbard, it would help and benefit

the church.

Q Was that office, that is, the Personal PRO

Office, staffed by Church of Scientology of California staff

members?

A Yes.

MR. FLYNN: Your Honor, please, I think a little more

foundation should be laid as to the witness' knowledge of

some of these things. All we have is the fact that he was a

vice-president. We don't know how long; we don't know

 

 

 

 
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whether he had any involvement with the public relations

office.

THE COURT: It seems to me --

What was your role in 1979, 1980; were you

vice-president then?

THE WITNESS: No, I wasn't. I was -- I have been the

vice-president since October of 1983.

MR. HARRIS: Maybe I can clear this up.

THE COURT: It is like the pedigree exception to the

hearsay, a reputation of certain things. Certainly, he

ought to have competency to testify to these things.

You can go into it in more detail on cross-

examination, but it seems to me it affects his ability to

testify about these things.

MR. HARRIS: Thank you, Your Honor.

THE COURT: I don't remember what the last question

was.

MR. HARRIS: I have forgotten it too, but I think it

was whether the Personal Public Relations Office was staffed

by Church of Scientology of California employees.

THE WITNESS: Yes.

MR. FLYNN: Could we have a date, Your Honor?

MR. HARRIS: During the period, as I have indicated,

Mr. Flynn, in the beginning, 1979 to December 1981.

I have an exhibit, Your Honor, that contains

numerous disbursement vouchers, each of which as a separate

number. I would like to mark it collectively plaintiff's

next in order which would be 6, as I recall.

 

 

 
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THE COURT: 6 for identification.

Have you seen these, Mr. Flynn?

MR. FLYNN: No, Your Honor.

MR. HARRIS: I am about to give him a copy of the

same, Your Honor. And the remaining items that I have as

well.

May I approach the witness, Your Honor?

THE COURT: Yes, you may.

Q BY MR. HARRIS: I show you a document,

Mr. Morrow, that has been marked exhibit 6 and ask you if

you recognize the documents contained therein?

A Yes, I do.

Q How do you recognize them?

A These are financial records of the Church of

Scientology of California which I requested at your request

and which were provided to me by someone from the church.

Q Do you recognize the form of the items that are

contained in exhibit 6?

A These are disbursement vouchers that are for

staff pay, staff allowances.

Q And are you familiar with those from being a

staff member of the Church of Scientology of California?

A I have received similar things for the last five

years from the Church of Scientology of California.

Q How are these prepared?

A Generally, at the end of the week the treasury

secretary or director of disbursements or payroll office,

whoever is holding the function, will get a check for the

 

 

 
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staff pay; will cash that check; will then write out

individual disbursement vouchers for each person receiving

pay and will disburse the pay to that person, giving them a

copy of the disbursement voucher and keeping another copy

for the church records. And generally the yellow copy,

which these are, are signed by the individual receiving the

pay.

Q And do those documents that you have in front of

you which have been marked collectively exhibit 6 appear to

have a name on there for the person who received the money?

A The name on the top is Gerry Armstrong.

And there is a signature that looks like it

could be Gerry Armstrong's as well on the bottom.

 

 

 
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Q Are those documents that you have before you of

the class of documents which are prepared at or about the

time the money is disbursed?

A Either the same day or maybe a day or so before.

Q All right.

MR. FLYNN: We have no objection to these documents, Your

Honor, going into evidence.

MR. HARRIS: Then I will move their admission.

THE COURT: All right, they will be received.

You want to let me see them?

THE WITNESS: Sure.

Q BY MR. HARRIS: Now, Mr. Morrow, at my request

did you also personally search the corporate records for a

letter from American St. Hill Organization -- strike that --

Advanced Organization St. Hill, Denmark to the Church of

Scientology of California?

A Yes.

MR. HARRIS: Your Honor, I have a document dated 14

November 1 980. I'd like to mark that plaintiff's next in

order which would be 7.

THE COURT: All right.

MR. HARRIS: And may I approach the witness?

THE COURT: Yes, you may.

Q BY MR. HARRIS: Showing you what has been marked

exhibit 7, I ask you if you recognize that?

A Yes, I do.

Q And was that the document that you obtained at

my request?

 

 

 
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A Yes, it is.

Q Is that maintained in the ordinary course of

business by the Church of Scientology of California as part

of its corporate records?

A Yes.

Q Did you also find an accompanying minute of the

Board of Directors of the Church of Scientology in

connection with that order?

A Yes, I did.

MR. HARRIS: Well, if you will give me a minute while

I try to find it, I will see if I can.

Yes. Your Honor, I have a document entitled

"Resolutions Adopted by Unanimous Written Consent,

Et Cetera." May that be marked plaintiff's next in order,

exhibit 8?

THE COURT: All right, exhibit 8.

MR. HARRIS: And again may I approach the witness?

THE COURT: You may.

If you want to approach the witness with a

document, you don't need to keep asking because this case

involves a number of documents. That applies to both sides

as long as you are going to approach the witness with a

document or examining him with reference to a document.

Go ahead.

MR. HARRIS: Thank you very much.

Q Do you recognize that document, Mr. Morrow?

A Yes, I do.

Q And where was that obtained?

 

 

 

 
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A That was in the Board Book of the Church of

Scientology of California.

Q Also at my request did you obtain some finance

records in respect to the Church of Scientology of

California, purchases for the archives?

A Yes, I did.

MR. HARRIS: Again to save time, Your Honor, I would

like to mark this collectively though it contains a great

many documents, each of which has a date or some other

identifying characteristic which could be put in the record

if necessary.

THE COURT: Marked collectively as exhibit 9. If

there is any need to refer to individual pieces, you can

refer to them as 9-A or -B, whatever.

Q BY MR. HARRIS: Showing you what has been marked

exhibit 9, I ask you if you recognize that?

A Yes.

Q And how do you recognize it?

A These were also records that I requested from

the corporate records of the Church of Scientology of

California. These were delivered to me.

Q And do you recognize the form of the documents

contained collectively in exhibit 9?

A Yes, there is a couple of purchase orders and

related disbursement vouchers and third-party receipts that

are also related to the purchases.

Q How are purchase orders ordinarily prepared in

the course of business of the Church of Scientology of

 

 

 
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California?

A Well, if a person in the church wishes to

purchase something on behalf of the church, they will submit

a purchase order to the Financial Planning Committee. The

Financial Planning Committee will review that against the

budget for that week and against other expenses and the need

for the item, and then they either approve it or they

disapprove it.

If it is approved, the funds will be disbursed

and when they are disbursed a disbursement voucher will be

written.

Q That is the yellow item that is on top of

exhibit 9?

A That's right. The disbursement voucher will

contain some information about what it is for, who it is

disbursed to, what the amount is and the date. And then

after the person has completed whatever the purchase is,

they should return the receipts which then get packaged

together and are then maintained as the record of expenses

for the church.

Q And these are maintained in the ordinary course

of business by the Church of Scientology of California?

A Yes.

MR. HARRIS: No further questions.

THE COURT: You may cross-examine.

MR. FLYNN: Thank you, Your Honor.

 

 

 
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CROSS-EXAMINATION

BY MR. FLYNN:

Q Are you the keeper of the records of the Church

of Scientology of California?

A I am not necessarily the keeper of all the

records. I can obtain records if I need to.

 

 

 
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Q Have you ever fulfilled any function keeping

records of the Church of Scientology of California?

A I have maintained some legal files.

Q What branch of the church are you in?

A I am in the Office of Special Activities at

this time.

Q What is that?

A It is a section of the church that deals

primarily with external affairs for the church, public

relations, legal.

Q How long have you been in that unit?

A Since its formation. I am not sure exactly

how long that is, about a year.

Q Have you ever met L. Ron Hubbard?

A No.

Q Did you ever work in the personal office of

L. Ron Hubbard

A. No.

Q Have you ever been to Gilman Hot Springs?

A No, I haven't.

Q Do you know who owns the property at Gilman

Hot Springs?

A Well, at what period of time?

Q The period of time that these records relate

to, 1979 and December, 1981.

A At that time it was essentially owned by the

Church of Scientology. It had the beneficial interest in the

property. That is my understanding.

 

 

 
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Q When you say "essentially owned, beneficial

interest," do you know whose name the deed was in?

A I am not entirely sure at this time.

Q If I suggest to you that it was the name of a

private individual named Richard Hoag, does that refresh

your recollection?

A I have seen the name. I am not sure it was on

the deed. That is very possible.

Q You have seen the deed?

A Yes.

Q Do you know where the personal office of

L. Ron Hubbard physically existed between 1979 and 1981?

A Not at all time. During some of that time,

at least, I know it was in Cedars of Lebanon complex.

Q Do you know whether at any time during that

period it was out in the Gilman Hot Springs property?

A I am not certain.

Q Do you know who Laurel Sullivan is?

A Yes.

Q Who is she?

A She is a former Scientologist and she held a

position in the church in the personal office.

Q Do you know whether whe was L. Ron Hubbard's

personal public relations officer?

A She held a post in the church, a staff post

in the church of L. Ron Hubbard's personal PRO officer.

Q So the answer to my question is yes?

 

 

 
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MR. HARRISON: I object. The answer is what it is,

Your Honor.

THE COURT: The answer is what it is. It speaks for

itself.

Q BY MR. FLYNN: What does personal PRO officer

mean, Mr. Morrow?

A That is pretty much what I covered before on

direct. That is person who has the position in the church

of promoting L. Ron Hubbard as a staff member of the church

for the benefit of the church.

Q Do you know whether they ever did it for the

benefit of L. Ron Hubbard?

A I am sure L. Ron Hubbard benefited at the same

time if his image was promoted. The person's post was a

staff post. And the purpose was promoting L. Ron Hubbard

for the church's benefit.

Q Your knowledge about the operation of the

personal public relations officer comes from whom?

A Well, it comes from my experience in the

church and seeing what was done by people in that office.

It comes from just general knowledge of kind of knowing

where everything is in the church and what is being done.

I have also read documents relating to the

personal office.

Q Between 1977 and 1980 if the personal office

was at Gilman Hot Springs you would never have observed its

activities during that period of time; is that correct?

A Not necessarily. I would not have observed the

 

 

 
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operations at Gilman Hot Springs, but that doesn't mean that

a person from there would not have been doing things in

Los Angeles that I would have observed, an event or something

like that.

Q Laurel Sullivan would know a lot more about the

operation of that office than you would; isn't that true?

MR. HARRIS: Objection. That calls for speculation

about the state of mind and knowledge of Laurel Sullivan,

Your Honor.

THE COURT: Sustain the objection.

Q BY MR. FLYNN: There are people in the church

that -- strike that.

You have a very specific post; do you not?

A Yes.

Q And, in fact, the structure of the Church of

Scientology is broken down into very specific posts; is that

correct?

A Yes.

Q And people are trained with respect to those

specific posts; is that correct?

A That's right.

Q And they are trained on things that are

generally called hat packs; is that correct?

A Yes.

Q What does the term "hat pack" mean?

A The word "hat" is used to describe someone's

job, just like the hat you wear. If you were a conductor,

you would wear a conductor's hat.

 

 

 
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Q The hat pack --

A The hat pack contains material relating to

a particular post.

 

 

 
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Q And, in fact, in the training in connection with

the Church of Scientology before you take post, you have to

take training for that particular hat; is that correct?

A Well, theoretically that is correct. A lot of

people have taken posts without doing training prior to

doing that.

Q But in general that is the rule; is it not?

A That is generally what would be accepted.

Q Have you ever had any Guardian's Office

training?

A Yes.

Q Did you do any Guardian's Office hat packs?

A Yes.

Q Which ones?

A I did an Assistant Guardian for legal hat pack

and a Deputy Guardian for legal hat pack, those two.

Q Did you ever do any B-1 Bureau hat packs?

A Never did.

Q What is the B-1 Bureau?

A Well, what was the B-1 Bureau or how that term

was used was the Information Bureau of the church which was

basically the church's unit for doing investigations.

Q Did you ever do the Public Relations hat pack

for the Guardian's Office?

A No.

Q Did you ever do the Public Relations hat pack

for the personal office of L. Ron Hubbard?

A No.

 

 

 
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Q Do you know what it is?

A I have seen -- I have seen hat packs for Public

Relations. I am not sure which ones I have seen and I have

not done them. I am not intimately familiar with them.

Q Now, can you tell me between 1977 and 1981

whether the Central Office of the Office of L. Ron Hubbard

was located in the Gilman Hot Springs property?

MR. LITT: Objection; vague. What does the term

"Central Office" mean?

THE COURT: Well, I will sustain the objection. You

can reframe the question.

Q BY MR. FLYNN: Do you know what "Central Office"

means?

A Well, it would be a central office. There was a

designation called "Central Office of LRH."

Q Thank you, and where was the Central Office

located?

A I'm not sure during that period of time.

Q Do you know whether Mr. Armstrong worked in the

Central Office of L. Ron Hubbard?

A I'm not certain.

Q Do you know what the Household Unit is?

A I don't have personal knowledge. I have heard

things about what it might be.

Q You have no personal knowledge of the Central

Office of the Public Relations Office of L. Ron Hubbard and

you have no personal knowledge of the Household Unit; is

that correct?

 

 

 

 
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A I don't have personal knowledge.

Q If I suggest to you that Gerald Armstrong was

working personally for L. Ron Hubbard in the Personal Office

Household Unit before he went to the Personal Office Public

Relations Department, do you have any knowledge of that?

MR. HARRIS: Well, I will object to the form of the

question.

THE COURT: I will sustain the objection.

Q BY MR. FLYNN: Do you have any knowledge that

Gerald Armstrong worked in the Household Unit of the

Personal Office?

A No.

Q So you wouldn't know who he dealt with; is that

correct, in that office?

A That office? I didn't know he worked in that

office, so, no.

Q Do you know anyone that did?

A No. I mean, I may know someone who did, but I

don't know that they did if they did, if that makes sense.

Q So if you weren't there, you can't tell us

exactly what the structure of that office was; is that

correct?

A That's correct.

Q And with regard to the Public Relations Office

and the Central Office, if you weren't there, you can't tell

us what the structure of taht office was at that time; is

that correct?

A That is correct. I have seen some diagrams of

 

 

 
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that office, but I cannot tell you with personal knowledge

of having seen it operate, no.

Q Can you name one person who was in the Central

Office of L. Ron Hubbard between 1977 and 1981?

A I am a little unclear of what the Central Office

was and what all it encompassed. I am sure I know people

who worked in there, but I am not exactly sure what it was.

Q Can you name one person who worked in the

Personal Public Relations Office of L. Ron Hubbard at Gilman

Hot Springs between 1977 and 1981?

A Well, I am not sure that it was there. That is

what I said before. If it was there, Laurel Sullivan

probably did.

Q Anyone besides Laurel Sullivan?

A Well, I am just not sure that it was there

during that period of time, so I can't answer that.

Q Do you know how long Laurel Sullivan worked

personally with L. Ron Hubbard?

A No.

Q Do you know how long Gerald Armstrong worked

personally with L. Ron Hubbard?

MR. LITT: Objection. This question and the last

assumes facts not in evidence.

THE COURT: I will sustain the objection.

Q BY MR. FLYNN: Do you know whether either one of

those individuals ever worked personally with L. Ron

Hubbard?

A Not from personal knowledge, no.

 

 

 
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Q You were made a vice-president when?

A 1983, October.

Q And you are giving testimony here on the fact

that these records come from the Church of Scientology; is

that correct?

A From the Church of Scientology of California.

Q With regard to exhibit 6, I think it is, what

you call the staff allowances; do you have those in front of

you?

THE COURT: They are over here, counsel.

MR. FLYNN: Well, I will show him mine.

Q Would you look through those staff allowances

and see if you can find one that says "Church of Scientology

of California" on it?

A There are none that do. I have looked through

these previously.

Q Have you seen payment vouchers that say "Church

of Scientology of California" on them?

A Yes.

Q And yet you have produced payment vouchers that

don't have one heading with the Church of Scientology of

California on them; isn't that correct?

A That's correct.

Q Were you ever on the ship?

A Which ship?

Q Were you ever on any ship?

A I have been on boats. I haven't been on any

ships.

 

 

 
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Q Were you ever on the Apollo?

A No.

Q Do you know whether or not the people on the

Apollo got disbursed payment vouchers?

A Yes, they did.

Q And do you know what it said on them?

A I have seen them. I don't recall real

specifically right at the moment.

Q Do you know what corporation the people on the

ship worked for, Apollo?

A I think so.

Q You think so?

A They worked for the Church of Scientology of

California.

Q Have you looked through any of the sealed

documents?

A No.

Q So you don't know the contents of any of the

sealed documents?

A No.

Q Do you know whether the disbursement vouchers

for people that were on the ship are also blank in terms of

coming from a particular corporation?

A I believe that some of them are. I have a vague

recollection of it. I have seen them -- I haven't seen any

of those in a couple of years.

 

 

 
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Q Prior to being made vice president in 1983

had you ever been an officer, director of any corporation

relating to the Church of Scientology?

A No.

Q Now, you brought in a document involving the

board minutes of the Church of Scientology of California; is

that correct?

A Yes.

Q Now, there is no date on that document, is

there?

A No.

Well, there is a date within the resolution.

There is not a date -- the document itself is not dated.

Q The date within the resolution refers to the

fact of that November 14, 1980 letter from Publications

Denmark, that is what is referred to; isn't that correct?

A That is correct.

Q Do you know when these board minutes were

prepared?

A Around that same period of time. I don't

know precisely what day.

Q Were you involved in the preparation?

A No.

Q That is what someone told you?

A That is what I was told.

Q Who is Larry Brennan.

A He is a Scientologist.

Q Does he hold any position in the Church of

 

 

 
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Scientology of California?

A Not at this time.

Q Did he, when these board minutes were prepared?

A I don't believe so.

Q Did Larry Brennan --

What positions within the Church of Scientology

of California has Larry Brennan held?

A Well, I am not real clear on it, but I believe

that he was in the legal department at some point. I am

not sure exactly when he left that. That was in probably the

early '70's.

Q Do you know whether he was ever an officer or

director of Publications Denmark?

A No, I don't know that.

Q Do you know whether he was involved in the

preparation of a contract between Publications Denmark and

Omar Garrison?

A I have seen documents where he -- it appears

that he was related to that or had something to do with it,

but I don't know specifically what he did.

Q Prior to coming in here and testifying today

did you consult with Larry Brennan with regard to your

testimony?

A No, I didn't.

Q At any time prior to coming in here have you

consulted with Larry Brennan about your testimony in

connection with this case?

A No.

 

 

 
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Q Who within the church have you consulted with?

MR. HARRIS: Other than attorneys, Your Honor?

MR. FLYNN: Other than lawyers.

THE WITNESS: Gary Press; he delivered the records

to me.

Nick McNaughton, who was the secretary and

had board books. I went and consulted with him and he showed

me the board book and where things were. That is about it.

Q Let me show you this deed for the Gilman Hot

Springs property. I'll ask you if you recognize that as the

deed that you testified about that you had previously seen.

MR. HARRIS: Could I have a copy of that, Mr. Flynn?

MR. FLYNN: I don't have a copy, Your Honor. I will

make one available.

MR. HARRIS: May I just approach the witness, Your

Honor?

THE COURT: Sure.

THE WITNESS: I am not totally sure.

Yu see, there is more than one piece of property

out there. And there's more than one deed. And I am not

real good on real estate.

I saw a deed and it looked something like

this. But I am not certain exactly which of the pieces

of property out there that deed referred to.

 

 

 

 
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Q Did you see any deed out at the Gilman Hot

Springs property where the central office of L. Ron Hubbard

was located that was in the name of the Church of Scientology

of California?

MR. HARRIS: Assumes facts not in evidence.

MR. LITT: Objection.

THE COURT: He asked if he saw it. He can ask whether

he saw something or not.

MR. HARRIS: No, no. The assumption is that the

central office of L. Ron Hubbard was at Gilman Hot Springs.

THE COURT: Do you want to read the question, Nancy.

(Record read.)

THE COURT: I will sustain the objection. It is a

compound question.

Q BY MR. FLYNN: Between 1977 and 1980 do you

have any knowledge about where the central office of

L. Ron Hubbard was located?

A No, I don't quite know what that entity was.

I have heard the term. I have seen it, but I don't know

all of what was contained in the central office.

Q You just testified you don't quite know what

that entity was; is that correct?

A Correct.

Q Did you testify on direct that you had knowledge

of that office of the church that is part of the Church of

Scientology of California?

A I don't think I testified that on direct

examination. I testified about the personal office of

 

 

 
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L. Ron Hubbard which is not the same thing.

Q How do they differ?

A Well, I don't know because I don't know what

the one is. I know what one of them is. I don't know

what the other one is.

Q What do you think the personal office is?

MR. HARRIS: Objection, calls for speculation.

THE COURT: He said he knew what one was. What one

do you know?

THE WITNESS: The personal office.

THE COURT: You can describe that.

THE WITNESS: That is the one I have already described

twice now.

Q BY MR. FLYNN: What is the personal office?

A Well, the personal office, I described the

personal PR office. That is the one that I described before.

Q How many divisions in the personal PR office

are there, Mr. Morrow?

A I am not sure, probably seven. That is the

usual amount.

Q And what are they?

A I don't know.

Q Do you now whether they all represent for

profit activities for L. Ron Hubbard?

A I know they don't.

Q You don't know what they are, but you know

that they don't; is that your testimony?

A Well, I know that the Church of Scientology

 

 

 
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of California which contained that is operated as a non-

profit corporation and that the activities were not for

L. Ron Hubbard's profit.

Q Do you have any knowledge about one of the

divisions of the personal office being to sell L. Ron Hubbard's

books for his personal profit?

A I don't know that, no.

Q You don't know anything about that?

A To sell L. Ron Hubbard's books for his personal

profit, no.

Q And you can't name me any of the seven divisions?

A We are talking about the period of time, the

same period of time; is that right?

Q Correct.

A Not for certain. I have seen a diagram of

that office, but I can't -- it is not something that I am

real familiar with.

Q And you have never been on the premises at

Gilman Hot Springs; is that correct?

A Never have.

Q And you know or you don't believe that any of

the deeds are in the name of the Church of Scientology of

California; is that correct?

A Any of which deeds?

Q Gilman Hot Springs properties.

A In that same period of time?

Q During that same period of time.

A From the ones that I have seen, they were not

 

 

 
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in the name of the Church of Scientology of California.

Q Have you seen that deed that I have placed in

front of you?

A Well, as I already said, I saw a deed for one

of the properties out there and I am not good on real

estate. This looks similar, but I am not sure which of the

pieces of property it was that I saw.

Q Do you know who Richard Hoag is?

A No.

MR. FLYNN: I will offer this, Your Honor.

MR. HARRIS: I don't think it has been adequately

described.

THE COURT: Sustained.

MR. HARRIS: But if it is a certified copy, then I

wouldn't have any objection to its authenticity. But I would

be concerned about its relevance since it doesn't --

THE COURT: We could mark it for identification at this

time. It hasn't been tied up.

MR. HARRIS: For the court's benefit, I will seek out

the records of the church and see if, in fact, that deed

corresponds with it.

MR. FLYNN: The name John Peterson is on it,

Mr. Harris.

MR. HARRIS: Well, big deal, Mr. Flynn.

MR. FLYNN: Well, he is counsel for the church.

THE COURT: What are we up to?

We will make it A for identification.

Q BY MR. FLYNN: Are you a member of the board of

 

 

 
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directors of the Church of Scientology of California?

A No, I am not.

Q Have you ever attended any meetings of the

officers and/or directors of the Church of Scientology of

California?

A No, I have met with other officers. I haven't

attended meetings where we have all gotten together.

Q And to your knowledge based on your acquaintance

with the corporate structure of the church as you have

testified on direct examination between the years 1977 and

1981, did L. Ron Hubbard play any managerial role within

the Church of Scientology of California?

A No, he didn't.

Q None?

A No.

Q Do you know where L. Ron Hubbard was during

those years?

 

 

 
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Q Do you know who the officers and directors of

the corporation Church of Scientology of California, Inc.

were during those years?

A Which years?

Q '77 to '81?

A I can find out. I know who some of them were at

some times but they were not the same during all of those

years.

THE COURT: Maybe you can look at those documents and

see if you can identify those. They purport to be members

of the Board of Directors on there.

THE WITNESS: Laurie Zurn, Fred Hare, Susan Walker.

THE COURT: I am referring to exhibits 7 and 8.

Q BY MR. FLYNN: Did you ever attend any Board

meetings during those years?

A No.

Q So if L. Ron Hubbard had attended Board

meetings, you wouldn't even know about it?

MR. HARRIS: Objection, Your Honor.

THE COURT: Outside the scope. I'll sustain the

objection.

Q BY MR. FLYNN: How do you know that L. Ron

Hubbard didn't have any managerial role during those years,

Mr. Morrow?

A He was not working in the church during those

years and the church was being run by other people.

Q Who?

A Primarily, by -- well, it depends on which

 

 

 
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aspect you are talking about.

The Board of Directors took care of the temporal

matters.

As far as the ecclesiatical hierarchy, the

Commodore Messengers International was probably up near the

top running the organization.

Q And who is running the organization now?

A It would be pretty much the same.

Q And who in the Commodore Messengers is running

it?

A I don't have personal knowledge of that.

Q Did you sign an undated letter of resignation as

an officer?

A No.

Q Do you know whether it was a practice between

1968 and 1981 for all directors of the Church of Scientology

of California to sign undated letters of resignation held by

L. Ron Hubbard?

A No. I don't know that that was the case.

Q Did you ever see one?

MR. HARRIS: Undated resignation letter held by L. Ron

Hubbard? Is that the precedent, sir?

MR. FLYNN: That is the precedent, yes.

THE WITNESS: No.

Q BY MR. FLYNN: You haven't looked through the

sealed documents?

A No.

Q You don't know whether there is a whole list of

 

 

 
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undated letters of resignation in the sealed documents, do

you?

MR. HARRIS: I'll stipulate that he has no knowledge,

that he hasn't looked, Your Honor.

THE COURT: Sustained.

Q BY MR. FLYNN: Do you know whether the Board of

Directors of the Church of Scientology of California signed

undated letters of resignation between 1977 and 1981?

A I don't know whether they have or not. I

haven't seen those.

Q Did you make a check of your corporate records

for any of those?

A No, I didn't.

MR. FLYNN: That is all I have, Your Honor.

THE COURT: Redirect?

MR. LITT: Could we have a moment, Your Honor?

THE COURT: Yes.

REDIRECT EXAMINATION

BY MR. HARRIS:

Q Mr. Morrow, let me ask you briefly, have you

seen Church of Scientology of California invoices and

disbursement vouchers which do not have "Church of

Scientology of California" embossed upon them?

A Yes.

Q And is it a requirement of the corporation that

in the ordinary course of business the disbursement vouchers

have "Church of Scientology of California" embossed upon

 

 

 

 
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them?

A No. It is only required that one keep a record

of what transactions there are and that there is an invoice

or disbursement voucher.

MR. HARRIS: I have no further questions, Your Honor.

I would move --

MR. FLYNN: Nothing further.

MR. HARRIS: I would move exhibits 7, 8 and 9 into

evidence.

THE COURT: Any objection, counsel?

MR. FLYNN: One moment, Your Honor, please.

MR. HARRIS: I do intend, Your Honor, to designate

Mr. Morrow as the officer of the corporation. And he may

from time to time be required to help me out here with

exhibits and so on, if that is all right with Your Honor.

THE COURT: Yes.

MR. FLYNN: Your Honor, we have no objection to

exhibits 6, 7, or 9. But we object to the resolution on the

ground that it is not sufficiently authenticated. It is

undated. And we think that one of these people who signed

it should be produced.

THE COURT: Apparently it came from the records.

I'll overrule the objection. It will be

received.

MR. HARRIS: Could we have a brief recess, Your Honor,

while I get the exhibits together for the next witness?

THE COURT: We'll take a 10-minute recess.

(Recess.)

 

 

 
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THE COURT: Well, that was a long 10 minutes.

MR. HARRIS: We were grateful for it.

THE COURT: I had to take a verdict next door and it

took 20 minutes.

At any rate, let the record reflect that the

parties and counsel are now present. You may call your

next witness.

MR. HARRIS: Mr. Tom Vorm, V-o-r-m.

 

TOM VORM,

called as a wintess by the plaintiff, was sworn and

testified as follows:

THE CLERK: Would you be seated on the witness stand.

Please state your name and spell your last name.

THE WITNESS: My name is Tom Vorm, V-o-r-m.

 

DIRECT EXAMINATION

BY MR. HARRIS:

Q Mr. Vorm, are you a Scientologist?

A Yes, I am.

 

 

 
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Q When did you first get into Scientology?

A Approximately 1975.

Q Did you go on the staff of Scientology Church

at some point?

A Yes.

Q When was that?

A Around October of 1975.

Q And are you a member of the Sea Organization?

A Yes.

Q What church were you on staff first?

A Church of Scientology Celebrity Center.

Q Is that here in Los Angeles?

A Yes.

Q What were you staff duties there?

A When I first went there I was on training

for about two or three months. Then I assumed the post of

Director of Validity which is in the qualification schedule.

Q What generally was the duties of that?

A Director of Validity basically gave examinations

to students, made up certificates and more or less kept an

eye on the quality of the courses being delivered and made

sure they were done properly.

Q And for how long did you hold that particular

position?

A Right around two years.

Q At some point did you transfer to the staff

of another Church of Scientology?

A Yes.

 

 

 

 
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Q Was that the Church of Scientology of California?

A Yes.

Q What was your first post there?

A The first post I held was called Guardian's

Office Archives Librarian.

Q What were the duties of that post?

A That was a project going on at that time to

copy various tape lectures that Mr. Hubbard had given since

1950 or so.

My duties -- they were like the original lectures.

And the project was to make copies of them.

My duites were to watch over those tapes,

make sure they were handled properly by this project, log

them in and out and keep an eye on the project itself;

make sure it is done properly; the tapes that were made quality

tapes.

Q What was the purpose of this project?

A Well, tapes as they were contained like the

bulk of the research into Dianetics and Scientology. And

as such they were like very valuable to the religion of

Scientology.

The medium of tape actually came out around

1950. And because of that, some of the early tapes were not

made on real good quality tape and were sort of like getting

fragile, that type of thing.

The project was basically to recopy them for

preservation.

 

 

 
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Q Was there a practice in your post with respect

to the originals, what one would do with the originals as

opposed to the copies?

A Right. Well, the originals were always kept

separate from any other copies, and there was a policy or a

practice at that time where anybody who wanted an original

or access to an original needed to get Mrs. Hubbard's

approval.

Q By the way, let's date this if we can. When did

you first go on this post of Guardian office-archives

librarian?

A It was the early part of 1978.

Q At some point did the post title change?

A Yes.

Q To what?

A It changed to controller-archives in charge.

Q Controller, was that a financial post?

A No.

Q When the post title changed, did your duties

change?

A Not exactly at that moment, but shortly

thereafter they did.

Q And how, if at all, were they changed?

A Well, the post of geoarchives-librarian was

primarily concerned with the tapes.

When I assumed the post of controller-archives

in charge, my duties were expanded to include the written

materials and written published works and unpublished of

 

 

 

 
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Mr. Hubbard, various scriptures of Scientology.

Q And what were your duties in respect to those

written items?

A To keep them secure and also we wanted to

preserve them, too, by various microfilm projects, that type

of thing.

Q At some point did you become aware of some

materials that properly belonged in your area that were

elsewhere?

A Yes.

Q And in the process of determining that did you

write some kind of a memorandum to -- strike that.

Did you have a conversation with anybody about

getting those materials to your area?

A Yes.

Q And who was that?

A That would be -- there was someone in England

doing an eval or a project to sort out the various archives,

and I wrote to them about it.

Q Did there come a time when you received some

trunks?

A Yes.

Q And did you request that you receive those

trunks?

A I didn't actually personally, but it was --

actually I had some input on it, but they did end up coming

to me.

MR. HARRIS: Your Honor, I have a document dated

 

 

 
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11 December 1979. May that be marked plaintiff's 10 for

identification?

THE COURT: All right, exhibit 10 for identification.

Q BY MR. HARRIS: I show you what has been marked

exhibit 10 and ask you if you recognize that?

A Yes.

Q And what is that?

A That is -- was basically Mrs. Hubbard's

communication to me at the time that the trunks that

contained the written materials were approved to come to me.

Q All right. Now, after the trunks got to where

you were, what did you do with them?

A The first thing I did was lock them up in their

own storage room and then I proceeded to go through them and

to pull out various kinds of -- sort out the materials. The

main ones I was interested in were the materials that

concerned the works of L. Ron Hubbard in relation to

Scientology and Dianetics, and I put them separately, put

them into separate file cabinets and basically got them in

order.

Q And approximately how many trunks were there

that you received?

A There was close to 20, 25, somewhere around

there.

Q And approximately what size?

A They were like your standard storage trunks, two

feet by two feet square and about three feet long.

Q How long did it take you to pull the materials

 

 

 
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out that were the materials of Dianetics and Scientology

which you were interested in?

A There were quite a few materials. It took me

several months, even a year. I mean, it was a continuing

project.

THE COURT: Can we get some idea what point in time

this is, what year this is?

THE WITNESS: The trunks came to me -- well, it was

approved in December '79. The trunks came to me shortly

thereafter.

Q BY MR. HARRIS: And then it took you several

months and maybe even up to a year to pull the materials out

that you had an interest in for your archives?

A Yes, that is correct.

Q Why did it take so long?

A Because there were a lot of materials.

Q What items remained in the trunks after you had

pulled out the technical materials of Dianetics and

Scientology?

A There remained a lot of personal items, private

things that Mary Sue originally mentioned in her note that

is in front of me, and those things, as far as the personal

items, I mean, it was all sorts of things; wallets,

insurance papers for Mr. Hubbard, research notes, wills.

There was personal income tax returns for

Mr. and Mrs. Hubbard from the early '50s. There were

science fiction, copies of science fiction magazines. It

was very miscellaneous.

 

 

 
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Some of the things were just even described as

like contents of the bottom right hand drawer in

Mr. Hubbard's study. There were also a lot of

organizational dispatches that ranged from the 1950s to

1960s, which Mr. Hubbard sent and received from various

organization executives over that time period.

There were corporate papers. There was just a

real miscellaneous batch of material.

 

 

 
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Q And did the trunk also contain letters?

A Yes.

Q And did you have an opportunity to look at

those letters?

A Yes, I did.

Q Can you give the court just a qeneral

description, not of the subject matter, but the addressees

and so on of those letters?

A They mere letters to his family, to his son,

his mother, his father, his aunt, his father, and, of course,

to Mrs. Hubbard and letters from her to him also.

Q Now, when did you meet, if ever, the defendant

in this case. Mr. Armstrong?

A I met Jerry at an event is early 1980.

Q And what attracted you to him?

A He had a booth of material like LRH memorabilia,

science fiction magazines. I think there were photos, photo

albums, that type of thing that was set up out in the lobby

of the Hollywood Palladium.

I wondered who he was and what he was doing.

And that is what attracted me.

Q All right. Did you have a conversation with

him at that tine?

A Yes.

Q Who was present?

A There were quite a few people around, like

milling around the lobby, that type of thing. But I don't

think anyone overheard my conversation.

 

 

 
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Basically, I asked him who he was. He told

me. And what he was doing, that type of thing.

I identified myself as the controller archives

at Sea.

Q When he identified himself and what he was

doing, what did he say in that respect?

A Well, I believe he identified himself as

VPRO researcher, at least identified with the First Bureau

Office. I don't recall the exact specifics on that.

Q Were you generally aware of what the First

PRO office was doing?

A Yes, more or less.

Q And you had this conversation with him; did

you tell him anything about what was in your archives area?

A Well, I mentioned that -- he had some science

fiction magazines laid out. And I had just received these

trunks shortly earlier. And I recalled there were like

25 or 30 of these magazines in one of the trunks.

I thought that if he was collecting that type

of thing, he might be interested. And I had let him know

that I had some of these materials and that we should maybe

get together when we had a little bit more time to talk and

kind of figure out what each other was doing and how we

could help each other.

Q Now, at the same time -- well, you should

tell me, I guess.

You said there was some sort of evaluation

going on, I guess, about where various archives should be

 

 

 

 
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about that time, or --

A Yes. It was right around that time.

Q Now, when you referred to LRH, I take it you

meant L. Ron Hubbard?

A Yes.

Q That is short for that; that is what he is

known as?

A That is correct.

Q At some point did you write something to get

approval to give some of the items of the trunks to

Mr. Armstrong?

A Yes.

Q And when was that?

A I believe it was around January of 1981.

MR. HARRIS: I have a document, Your Honor, dated,

as we'll see, misleadingly 6 January, 1980.

May that be marked plaintiff's exhibit 11?

THE COURT: All right.

MR. FLYNN: Your Honor, I have no objection to either

this or the prior exhibit being offered into evidence;

however, this document is dated 6 January, 1980 and refers

to a document, 11 December, '79.

Mr. Harris just said it was dated misleadingly

1980. And if we could clarify that --

THE COURT: His comments are not in evidence.

MR. HARRIS: I will. I intend to do that.

THE COURT: This document exhibit 10 says December 11,

1979.

 

 

 
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Q BY MR. HARRIS: This document, Mr. Vorm,

marked plaintiff's exhibit 11, can you identify that?

A Yes.

Q What is that?

A That is a request from myself to Mrs. Hubbard

listing out about 15 items plus a box of around 30 science

fiction paperbacks and requesting her approval that I give

these to Jerry.

Q And look at the date and tell me if the date

that appears on the document is in fact the date that it

was prepared.

A No, it is not.

Q What is the true date?

A The correct date would be January 6, 1981.

Q How do you know that?

A Because I referenced in the document an

earlier communication I had with Mrs. Hubbard on the 26th

of August, 1980 and also the people that the document was

sent through signed it off and dated it 1981.

Q All right. Attached to the exhibit -- let me

ask you -- is it a part of plaintiff's exhibit 11 to

attach what has been attached? In other words -- well,

that was really poorly phrased. Let me withdraw that.

When you prepared the original of exhibit 11

did you attach the document to it dated August 26, 1980?

A Yes.

 

 

 
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Q All right. Did you receive approval to transfer

those items to Mr. Armstrong?

A Yes, I did.

Q And that was after sending them to Mrs. Hubbard?

A Yes.

Q For her approval?

A yes.

Q All right. Did you have occasion to see

Mr. Armstrong after having delivered those items to him?

A You mean after I got the approval back and took

these documents to him?

Q Yes.

A Yes. I saw him now and then.

Q When you saw him, where would you see him?

A I would see him in the hallways of the

organization. We had various conversations about certain

things. He sent me a couple of items that dealt with

preservation of materials, a couple of phone calls now and

then.

I can't recall the specifics on it. We did

talk.

Q Did you ever meet him in his area?

A Yes.

MR. HARRIS: I have a chart, Your Honor. May that be

marked plaintiff's exhibit 12.

THE COURT: Very well, 12 for identification.

MR. FLYNN: May I take a look at it, Your Honor?

MR. HARRIS: Yes, I'm going to show it to you,

 

 

 
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Mr. Flynn.

MR. FLYNN: We have no objection, Your Honor; some

question as to whether the Xerox machine is located where it

is shown.

THE COURT: Well, let's be consistent now.

You have indicated you have no objection to

either 10 or 11?

MR. FLYNN: No.

THE COURT: All right. We will receive 10 and 11 in

evidence.

I gather 12 can be received in evidence. There

can be testimony elicited as to what is what or where is

where.

MR. HARRIS: Thank you, Your Honor.

Q Directing your attention to plaintiff's

exhibit 12, do you recognize that?

A Yes.

Q And what is that? What does it depict?

A It looks like a layout of the office are where

Gerry's office was at that time.

Q All right. When is the first time that you saw

that particular area?

A It was shortly after I met Gerry at the event.

Q While you were in that area, did you have

occasion to see what materials Mr. Armstrong had there?

A In general, yes.

Q What sort of materials did he have there?

A Well, when he first brought me in, it was just

 

 

 
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in the same time he was telling me what he did and what he

was involved in which was getting together a museum that

would contain L. Ron Hubbard's things and also there was

some mention of a biography that was going to be done, and

so he was showing me some files around the office at that

time, and he pulled open a file drawer at that time and

there were various files. I recall some personal letters,

that type of thing.

Q Those were located where on the chart?

A In the bottom right-hand office there that is

marked "Archives."

Q All right. Now, did you have a conversation

with him making reference to an office to be used by Omar

Garrison?

A Yes, there was some mention of it.

Q And does the chart depict where that office was

to be?

A That is where I recall it to be, yes.

Q Now, after you had delivered this batch of

material where you had received approval, if I take your

testimony correctly, you then met with him on other

occasions thereafter?

A Yes.

Q Did you also have telephone conversations with

him?

A Yes.

Q In any of the meetings or telephone

conversations, did you discuss the contents of the trunks?

 

 

 

 
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A Yes.

Q Could you state approximately when the

conversations were, who was present, what he said and what

you said?

A Well, it was from 1981. This was after I

brought the two boxes to him.

Just in general, I can't recall the exact

specifics because they were rather mundane conversations,

but it concerned primarily when the personal materials I had

in the trunks will be transferred over to him and my answer

was usually as soon as I could get approval on it, which

hadn't been done yet but which I had to do before I could

give those materials to him, and that occurred several times

at various times.

Q Did there come a time when you again attempted

to communicate with Mary Sue Hubbard about the materials in

the trunks?

A Yes.

Q And was that in writing?

A Yes.

Q Did you receive an answer?

A No, I didn't.

Q Did you do anything else to try to straighten

out the matter of the trunks?

A Well, after I didn't get any answer back from

Mary Sue, I sent a request to the new controller who was

called Gordon Cook who had offices out in Clearwater

proposing a solution to the handling of these personal

 

 

 
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materials in the trunks and how they should be disbursed

since Mary Sue wasn't there, and he sent back his answer

saying that that was approved.

Q And what was the proposal that you made as to

how this should be handled?

A Well, since there was so many materials, what I

proposed was that instead of listing them all out like I had

done in my original thing to Mary Sue, that I just go

through the trunks with Gerry and we would go through and he

would let me know if there was anything that he would need

for his biography, and if that wasn't something that I

needed for the controller archives or pertaining to

Dianetics and Scientology or L. Ron Hubbard's works in that

respect, then I would give them to him.

 

 

 
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Q And approximately when did you get approval

to go through this procedure?

A That was right around October of 1981.

Q And what did you do pursuant to that approval?

A When I got it back I called Gerry up because

it was one of the first things I did because we talked about

it so much. Finally we had approval.

And then we set up a time that he would come

over and then when that occurred, we went through the trunks

one by one, pulling out materials that would be transferred

over to him.

Q Did you put any restrictions on what materials

Mr. Armstrong could have?

A Well, there certain materials in the trunks

that I didn't feel good about giving him. Those were

primarily -- and what is about six files, about a foot thick

or so of correspondence, personal. I considered it quite

private correspondence between Mary Sue and LRH.

There were things like their marriage

certificate, passports for the children, some things that

Mary Sue had mentioned in her original instructions to me.

Q That would have been the original instructions

in exhibit 10?

A Yes.

Q The 11th of December, 1979 --

A Yes.

Q Fine. Okay. So what did you do about that,

not feeling good about it?

 

 

 

 
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A Well, I wasn't going to give them to Gerry at

first, but Gerry insisted that they were like key to the

biography because, evidently, the way he explained it

to me was that when he was doing research on the biography,

various dates and names and that type of thing came up.

And that I felt that these were private things.

He assured me that they wouldn't be used in

the biography per se, but they would just be used as

verification in that respect. He needed them for the

biography. On that condition, I let him make copies and

kept the originals.

Q The archives that Gerry had control of, do

you have control of those archives?

A Yes.

Q And have you been to the sealed documents here

in this courthouse?

A Yes.

Q Did you have an opportunity to look over what

was there?

A Yes, fairly good.

Q Can you tell the court or estimate for the

court approximately how many original documents are under

seal which you do not have copies in your archives?

A As a rough guess, I would say between 2- and

3,000 pages, something like that.

THE COURT: How many?

THE WITNESS: Two and three thousand pages.

Q BY MR. HARRIS: And have you had an occasion in

 

 

 
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your post as archivist to speak with people who collect

the materials of L. Ron Hubbard?

A Yes.

Q Private collectors?

A Yes.

Q On how many occasions?

A Five or six, something like that.

Q Do you have some estimate of the value of the

archives that you control?

MR. FLYNN: Objection, Your Honor.

THE COURT: I'll sustain it. There is no foundation

at this point.

Q BY MR. HARRIS: Are you aware of sales of

LRH manuscripts and letters?

A Yes.

Q How are you aware?

A There was a matter that came up about a

year or less ago regarding a collector that had found some

materials at a location. And I think it was in Kansas or

Texas or something like that. And he was planning on

selling these materials. And we discussed actually getting

those materials into the archives rather than selling them.

And he agreed to that.

One thing he did sell which vas a copy of a

manuscript, actually an unpublished manuscript by Mr. Hubbard

on civil defense. And it went for around $30,000.

MR. FLYNN: I object and move to strike, Your Honor.

That is hearsay.

 

 

 
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MR. HARRIS: There probably will be an exception to

the hearsay rule in respect to that, Your Honor if that was

in fact the fair market value of the item and that is what

it was sold for. That would have been the terms of a

contract. But I'll submit it.

THE COURT: Well, I assume that it would only have

relevance -- not going to be hearsay to prove that he did

sell some book for $30,000, but to show that in this

witness's opinion he might have.

The problem is there is no way we can develop

this. There is no way this witness has of knowing unless

he had some personal knowledge of what was in that particular

manuscript or how it might compare with something else.

 

 

 
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MR. HARRIS: Well I understand the problem, Your

Honor. I will try to develop a bit more. If I fail, I fail.

THE COURT: All right.

MR. FLYNN: Your Honor, may I also add there is

absolutely no foundation of who bought it, the circumstances

under which it was purchased. It is just rank hearsay as

to who paid what to whom.

THE COURT: Well, for that purpose it would be, but

it may have some relevance to something else here. Maybe

this witness has some ability to express an opinion.

I will let you proceed anyway at this point.

Q BY MR. HARRIS: Mr. Armstrong, have you seen --

Mr. Armstrong -- my apologies, Your Honor, and most

particularly to you, Mr. Vorm.

Have you seen in the past any items that were

for sale that were L. Ron Hubbard manuscripts?

A Yes.

Q Where, when, under what circumstances?

A There was a lady in Las Vegas who had an

original manuscript written by L. Ron Hubbard. It was an

18-page document in his own handwriting. She was offering

it for sale for approximately $75,000.

MR. FLYNN: Same objection, Your Honor.

THE COURT: Well, I will just receive it for the

fact that he is aware of this, not that it is worth $75,000.

MR. HARRIS: That is all it is being offered for.

THE COURT: Received for a limited purpose as to

his state of mind.

 

 

 

 
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Q BY MR. HARRIS: And this 18-page document,

what was it, if you recall?

A It as a manuscript of some writing, actually

some material that deal with Scientology philosophy as well

as some theory behind some of the practices of Scientology.

Q Other than that particular one which was being

offered for $75,000, have you seen other original manuscripts,

letters, documents of L. Ron Hubbard that were for sale?

A Yes.

Q Where, when, under what circumstances?

MR. FLYNN: Same objection, Your Honor.

THE COURT: Overruled. If he's seen it, observed it.

THE WITNESS: There was, along with this manuscript

that went for $30,000, which was a copy by the way, there

was some original papers that were discovered by these

collectors which they turned over to me, but prior to them

turning it over to me they had been planning of selling it

and they had mocked up or created a sheet that listed out

the items and the approximate sale that they wanted --- the

asking price, and these were various letters from Mr. Hubbard

to some early organizational people from the 1950's, like

1950, '52, around there, and all it was was just like

correspondence. There was nothing really special about it

other than it was just some correspondence, and they were

asking around $150,000 for it.

Q BY MR. HARRIS: For how many pieces?

A Was around probably 20, 25 pages of documents.

Some of them typed with just Mr. Hubbard's notes on them.

 

 

 
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There were a couple that we all in his handwriting.

Q Are you aware of any actual purchases by the

church while you were archivist of LRH materials?

A The only knowledge I would have of that --

I don't have any knowledge of the transaction itself other

than I do have materials in my possession which have been

identified to me that they were bought by the church from

a collector.

Q But you wouldn't know what the price was that

was paid?

A What I was told by the same person, basically

the collector that they were bought from, and it was around

$60,000.

MR. FLYNN: Objection; move to strike.

THE COURT: I will strike it. I think that the

witness can testify that the documents have value, but as

to what the value would be, I don't think he is competent to

testify to that.

MR. HARRIS: Well, perhaps we can settle on a range,

Your Honor. There is valuable and valuable.

I just want to get across the point that

there is some value in excess of the paper they are written

on.

THE COURT: I think the witness can testify to that,

but anything as to what precisely, you'd have to have an

expert to testify to that, somebody that is qualified to

deal with that subject.

MR. HARRIS: Very well. I will drop that for now.

 

 

 
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THE COURT: All right.

Q BY MR. HARRIS: In viewing thre documents under

seal, can you tell me or estimate approximately how many

came from the controller's archives?

THE COURT: If you know.

Q BY MR. HARRIS: If you know.

A I can't say a percentage, but I did see

quite a few that I recognized as coming from the controller's

archives.

Q And among the ones that were from the controller's

archives, can you give me an estimate of the percentage

that are originals rather than copies?

A Again I am not sure about the percentage, but

I did see quite a few originals that were in Mr. Hubbard's

handwriting.

MR. HARRIS: May I have just a moment.

THE COURT: Yes.

 

 

 
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MR. HARRIS: No further questions.

THE COURT: You may cross-examine.

MR. FLYNN: Thank you, Your Honor.

 

CROSS-EXAMINATION

BY MR. FLYNN:

Q Mr. Vorm, you were in charge of controller

archives?

A That's right.

Q When?

A From approximately 1979 to the present time.

Q And how many other types of archives from 1979

to the present time were there?

A Well, Gerry had his archives; there was an

archive in England. That was a question that was being

basically sorted out as to where these materials were and

who should maintain the care of them and safekeeping.

Q Approximately how many pages of documents did

Mr. Armstrong collect if you know in his archives?

A I don't know. He had several file cabinets

full.

Q Several hundred thousand?

A I don't know. Because he made a lot of copies.

And I am not sure how many of the bulk were copies and which

were the originals.

Q Approximately how many pages of documents did

you have in controller archives?

A Several hundred thousand.

 

 

 

 
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Q Of those several hundred thousand how many are

originals?

A In my archives?

Q Correct.

A Almost all of them.

Q Have you done an inventory of Mr. Armstrong's

archives?

A Not a complete inventory, no.

THE COURT: That is a little ambiguous.

Are you referring to the documents under seal,

or what he might have had at some other time, or what?

MR. FLYNN: I'll develop that, Your Honor.

THE COURT: Okay.

Q BY MR. FLYNN: Mr. Armstrong was the personal

PRO researcher; is that correct?

A That is what I understood was his post title.

Q Senior?

A Yes.

Q He was in charge of the archives for the

biography?

A Right.

Q Is that correct?

A Yes. Right.

Q And Mary Sue Hubbard knew that, didn't she?

A I don't know if she did or not.

Q You informed her of that, didn't you?

A That he was going a biography?

Q That he was in charge of archives material for

 

 

 

 
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the biography.

A I think I made mention in one of my

communications. I don't know exactly what I told her

Q On exhibit 11 you told Mary Sue Hubbard -- which

she approved -- that, ". . .In addition, I believe many of

the items in Box 1 would be invaluable to the work they are

presently doing on the LRH biography."

A Right.

Q Isn't that correct?

A That's right.

Q And she signed in the upper right-hand corner

"Very good. Approved"?

A That's right.

Q So she knew that Gerry Armstrong was collecting

materials for the archives biography; is that correct?

A For the LRH biography.

Q For the LRH biography?

A Evidently, if she read my thing, she did.

Q There was no question about the fact that

Mr. Armstrong was selecting these documents for the

biography and that you petitioned Mary Sue Hubbard to give

him documents from controller archives?

A That is right.

Q She was removed as controller at some point; is

that correct?

A That is true. I think -- I am not sure of the

circumstances surrounding that.

Q Well, you were in the Guardian's office;

 

 

 
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correct?

A For a while, yes.

Q And the controller was head of the Guardian's

Office; is that correct?

A I was in the controller's office. I am not

sure. It seemed to be, but I'm not sure exactly what the --

you know the exact legal lines were between the controller's

office and the Guardian's Office.

Q Well, what was the controller's office?

A It was the office of the controller, Mary Sue's

office.

Q She was in charge of the Guardian's Office; you

knew that.

MR. HARRIS: Is that a question, or a statement?

THE COURT: I'll sustain the objection.

Q BY MR. FLYNN: Did you know she was in charge of

the Guardian's Office?

A I knew she had some dealings with it.

Q After she was removed from her post as

controller, you sent another petition to give more documents

to Mr. Armstrong; didn't you?

A That's true.

Q This is a copy of that petition, is it not?

A That is true. The bottom is cut off a little

bit, but that is essentially the right one.

Q This is the petition that you sent?

A Right.

MR. FLYNN: I would offer it, Your Honor.

 

 

 
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THE COURT: It will be marked as exhibit B.

Is there any objection, gentlemen?

MR. HARRIS: No objection, Your Honor.

THE COURT: It will be received.

MR. HARRIS: I would like to get a copy of it so I can

read it at my leisure.

MR. FLYNN: They have the original; we don't have it.

All we have got is what they gave us.

MR. HARRIS: I'll find it, Your Honor.

THE COURT: All right.

Q BY MR. FLYNN: On exhibit B you stated, "He

already has many file cabinets of this type of material and

I feel this material we have rightfully belongs with him";

isn't that correct?

MR. HARRIS: Exhibit B speaks for itself, Your Honor.

It is unlikely that the witness would be able to duplicate

exactly what he wrote. If he is shown the document, I have

no objection.

THE WITNESS: Could I have the question again?

Q BY MR. FLYNN: You gave further materials to

Mr. Armstrong as set forth in your writing on exhibit B; is

that correct?

A That is correct.

Q And what additional materials did you give him?

A It was a whole bunch of materials, things that

mainly pertained to the biography.

Q And who was the controller when you got approval

to give him those?

 

 

 
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A The controller was Gordon Cook.

Q Mary Sue Hubbard was no longer the controller?

A That is true.

THE COURT: What date is that "B"?

THE WITNESS: 10 October '81.

THE COURT: All right.

Q BY MR. FLYNN: Based on the authority lines

within the organization, you surrendered those documents to

Mr. Armstrong because the controller gave you authority;

isn't that correct?

A That is true.

Q And you were in charge of the controller

archives?

A That is true.

Q Now, let's see if we can find out what was in

what archives.

You testified that you don't know what

percentage of the documents currently under seal were

originals from the controller archives; is that true?

A That is true.

 

 

 

 
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Q Can you name one document?

A I can't specifically, no, but some of them

are big files that are just -- I mean, there is a lot of

papers in there.

Q How many times have you gone downstairs and

inventoried documents?

A None.

Q Have you sent other people over here to

inventory documents?

A No.

Q Has an inventory bean done of the documents

downstairs?

A I believe so, yes.

Q Have you seen it?

A Yes.

Q Do you have it?

A No.

Q Have you seen it in the last week?

A No.

Q Do you know where it is?

A No.

Q How extensive is it?

MR. HARRIS: Well, objection, Your Honor. That is

ambiguous.

MR. FLYNN: I will withdraw it.

Q How many pages is it?

A The copy that I saw that was told to me was

the inventory of the documents in the court was -- I don't

 

 

 
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know. It was fairly thick, at least maybe a quarter of

an inch thick of paper.

Q In fact the organization has been regularly

going in and has made an inventory of every document downstairs;

isn't that accurate, and you have seen it?

A No, I haven't.

Q You haven't seen the inventory?

A I have seen an inventory.

Q Can you name one document that is currently

under seal from controller archives?

A No, not by name, no.

Q Now, approximately how many pages of materials

did you give with the permission of the controller from

controller archives to Mr. Armstrong?

A I don't know if I would know by pages, but by

general bulk there were several boxes full of files.

Q And when you gave those several boxes, you first

gave the boxes with Mary Sue Hubbard's approval when she was

controller and subsequently with Gordon Cook's approval when

he was controller; correct?

A Right, at different times.

Q Were there any documents that you gave to

Mr. Armstrong where you didn't have approval from the

controller?

A Not that I recall, no.

Q Now there is a notation on exhibit 10 that

there were archives material being routed to the SU; do you

see that?

 

 

 
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A Yes.

Q What is the SU?

A Well, what I understood it to be, it stood for

Special Unit.

Q Where was the Special Unit located?

A I think it was Gilman Hot Springs. I am

not sure about that.

Q In 1979 were you at Gilman Hot Springs?

A No.

Q In 1980 were you at Gilman Hot Springs?

A No.

Q Did you have any participation in the shredding

operations that took place in early 1980?

A No.

MR. HARRIS: At Gilman Hot Springs, Counsel?

MR. FLYNN: Anywhere?

MR. HARRIS: I will object to that, Your Honor, as

irrelevant.

THE COURT: Well, he's already answered "no"; I think.

Am I correct?

THE WITNESS: Right.

THE COURT: Let the answer stand.

Q BY MR. FLYNN: In early 1980 I take it you

were in charge of the controller archives?

A That is right.

Q When you were in charge of the controller

archives, did you get briefed on a mission to shred all

documents that showed L. Ron Hubbard's connection --

 

 

 

 
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MR. HARRIS: "Briefed on a mission"; I am sorry, but

I don't quite understand the nature of the question. Perhaps

Mr. Flynn could rephrase it.

THE COURT: You can rephrase it.

Q BY MR. FLYNN: In early 1980 did you get

briefed to go through all of the documents in controller

archives and shred documents that showed L. Ron Hubbard's

connection to the church?

A No.

Q Did you see anyone else do that?

A No.

Q What was your answer, Mr. Vorm?

A No.

Q Where were you located at the time?

A In Los Angeles.

Q Who worked for you at that period of time in

the controller archives?

A No one.

Q Who was your supervisor?

A A person by the name of Vilia Roubinek.

Q Did you have any conversation with the

intervenor, Mary Sue Hubbard, in the latter part of 1979 or

the early part of 1980 relative to shredding documents in

the controller archives?

A No.

Q What is the B-1 Bureau?

 

 

 
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MR. HARRIS: Objection. Irrelevant, Your Honor.

MR. FLYNN: I'll tie it together, Your Honor.

THE COURT: Overruled.

You may answer if you know.

THE WITNESS: Well, I think it stood for Bureau 1 of

the Guardian's Office.

Q BY MR. FLYNN: That was the intelligence unit?

A I was told it stood for Information Bureau.

Q Did the Information Bureau go through the

controller archives and shred documents in the early part of

1980?

A No.

Q Did you tell Mr. Armstrong that that had been

done.

A Not that I recall.

Q Of the documents under seal -- strike that.

Has an inventory been done of the archives that

Mr. Armstrong was in charge of?

MR. HARRIS: By this witness, Your Honor?

THE COURT: I am sorry.

Would you read the question, please?

 

(The question was read.)

 

THE COURT: If you know.

THE WITNESS: I think there may have been an attempted

one soon after Gerry left, but aside from that, no, not that

I know of.

 

 

 
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Q BY MR. FLYNN: Have you seen the attempted

inventory?

A I saw portions of it.

Q So the inventory was never completed?

A I don't know. I was not involved in it.

Q You testified that two to three thousand pages

of materials under seal are originals that are not in the

possession of the organization; is that correct?

A Uh-huh.

THE COURT: You have to answer audibly, sir.

THE WITNESS: Yes.

Q BY MR. FLYNN: Have you gone through each and

every page of materials in the Armstrong archives?

A No.

THE COURT: Well, again, now are you referring to the

matters under seal? You say "Armstrong archives." I am not

sure what you mean. I don't understand what you are

referring to.

MR. FLYNN: I'll clarify it, Your Honor.

Q Your testimony, Mr. Vorm, is that there are two

or three thousand pages under seal that are originals that

are in the possession of the organization; is that correct?

A Right.

Q Now, first of all, you are only in charge of

controller archives; is that correct?

A Right now?

Q During the relevant period.

MR. HARRIS: What is the relevant period? It could be

 

 

 
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right now.

MR. FLYNN: I'll withdraw it.

Q You were in charge of controller archives from

'79 to the present; is that correct?

A That is true.

Q And there are several hundred thousands of pages

of materials in controller archives; is that correct?

A That is true.

Q And on two occasions you gave permission for

Mr. Armstrong to have possession of materials from

controller archives; is that correct?

A That is true.

Q How many pages of materials did you give to

Mr. Armstrong from controller archives?

A Well. I am not sure as far as pages go.

There were several boxes that were transferred

over to him.

Q Of those several boxes that were transferred

over to him from controller archives how many pages of

material are currently under seal from those materials?

A Well, as I said, I believe it is approximately

two to three thousand pages that I saw downstairs.

Q Now, your testimony now is -- so this is

clear -- that there are two or three thousand pages of

originals under seal from controller archives; is that

correct?

A That's right.

Q Yet, you don't know what the percentage of

 

 

 
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documents is under seal that are from controller archives in

proportion to the rest?

A Well, I didn't want to give a specific answer

because I haven't had everything out on the table and said

okay, this is the percentage.

Q Have you done an inventory of the documents

under seal or -- strike that.

Have you seen an inventory of the documents

under seal that are from controller archives?

A I don't know if I recall exactly. I seem to

recall there was something that was made up, that a check

was made regarding the files. And whether they came from

controller archives and that type of thing --

Q Where is that inventory now?

A I don't know.

Q If you are subpoenaed back here to testify for

the defense can you get your hands on it?

MR. HARRIS: If Mr. Flynn wishes to subpoena the

church for the item and can describe it with specificity,

we'll produce it, Your Honor.

MR. FLYNN: I would like all inventories of documents,

Your Honor.

MR. HARRIS: That is egregious. Your Honor.

All inventories made by anybody, anyplace? Of

what? Why doesn't he put it in a subpoena and serve it on

us, Your Honor?

THE COURT: All he needs is a notice to produce. If

it is something that you can produce, I can short-cut that

 

 

 
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by making the order right here.

What is it you want, inventories of materials

which are downstairs on file under seal?

MR. FLYNN: Yes, Your Honor.

THE COURT: If you have such an inventory, you are

ordered to produce it.

MR. HARRIS: We'll produce it tomorrow, Your Honor.

Q BY MR. FLYNN: Now, is there an inventory of the

materials collected by Gerald Armstrong for the biography

project aside from the documents under seal?

A I don't know.

 

 

 
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Q Have you seen the documents collected by

Mr. Armstrong for the biography project that are not under

seal?

A I have seen some of them, yes.

Q Approximately how many?

A I don't know if I can answer that because

they were given to me along with a lot of other materials

but I am not sure whether they were for the biography

project or not.

Q Just restrict your testimony to documents

collected by Gerald Armstrong.

Now many documents have yon seen that were

collected by Gerald Armstrong that are in possession of

your organization that are not under seal?

A Several file cabinets, maybe three, four file

cabinets, something like that.

Q How many drawer file cabinets?

A Four.

Q And are they all full?

A No.

Q Have those documents been inventoried?

A No.

Q Your answer was what, Mr. Vorm?

A No.

Q So you don't know then whether copies of the

documents under seal may exist in those file cabinets;

is that correct?

A Well I have a pretty good idea. I have been

 

 

 

 
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through most of those documents just looking through what was

contained in the file cabinets.

What was asked of me earlier was if we had

copies of those particular documents which would be fairly

easy to tell a copy from the original since the originals

are fairly old and that type of thing.

Q Well, the originals are under seal; correct?

A Well you asked me if I knew whether we had

copies of these documents where the originals are under

seal here.

Q Correct.

A Right, and you asked me if I had been through

the materials where the originals that I had received from

Gerry Armstrong, if I would know whether there were copies

of them -- of the originals that are in the court, and I

said I had been through those file cabinets just scanning

through, and to my knowledge there is no copies in there at

all of those particular documents.

Q Did you use any inventory to do a comparative

analysis?

Q Has anyone done that?

A I don't know.

Q Now in the summer of 1983 the organization

received documents back from Omar Garrison; is that correct?

A That is true.

Q Did you inventory those?

A No.

Q Approximately how many documents did you receive

 

 

 
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back from Omar Garrison?

A Several boxes.

Q In terms of numbers of pages of material, can

you give me an estimate?

A Well I don't know how many pages are in a box,

so I really can't but there were probably eight boxes,

something like that.

Q You have given us an estimate of 2- to 3,000

pages of originals; is that correct, under seal?

A Approximately.

Q Now did you arrive at that estimate?

A I just roughly guessed.

Q It was just a rough guess?

A That is right.

Q Can you give me a rough guess of how many

thousands of pages you received back from Omar Garrison?

A Copies and originals, a rough guess would be --

I don't know -- 50,000, something like that.

 

 

 

 
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Q Have those been inventoried?

A Not that I know of.

Q Did you go through them?

A On a rough, just a general scan through, yes.

Q Did you make any notes?

A No.

Q Have you -- do you know whether anyone else

has conducted an inventory of those materials?

A I think there may have been some type of a rough

thing done, yes.

MR. FLYNN: Your Honor, may that be produced also if

an inventory has been done of Omar Garrison's documents?

THE COURT: If there is such an inventory, then the

church will be ordered to produce it.

The contention has been made about two or three

thousand originals. And counsel has a right to explore

that.

MR. HARRIS: I understand, Your Honor. If we produce

these, we would like them produced under seal since they

describe the documents that are under seal.

THE COURT: I don't know how you describe them.

We can have sort of an in camera situation, if

you wish.

Q BY MR. FLYNN: Mr. Vorm, can you name one

document under seal that is an original that the

organization does not have possession of either in

controller archives, among the documents collected by

Mr. Armstrong, or among the documents returned by Omar

 

 

 

 
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Garrison?

A No, I can't specifically.

Q How long have you worked in comparing the

documents that are under seal in this case, the documents

that are in the possession of the organization either from

Omar Garrison, Gerald Armstrong, or in the controller

archives?

A Total hours since this case started?

Q Correct.

A Maybe two weeks full time. That would be 24

hours a day times 14. That would be just the number of

hours approximately.

Q Do you know of any individual who has worked

more than you for the organization in doing a comparative

analysis of the documents under seal to the documents in

possession of the organization?

A Yes.

Q Who?

A Ken Long.

Q How many hours has he worked if you know?

A I don't know.

Q Did he prepare the inventories?

A He may have been involved in it. I am not sure

of that.

Q Did you consult with him prior to your testimony

here today?

A I have talked to him, yes.

Q But in any event, your testimony is that you

 

 

 
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cannot identify one document; is that is that correct?

A Not from the stand right now, no. That is

correct.

Q Did you engage in any preparation for your

testimony here today?

A Yes.

 

 

 
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Q Now, you testified that you met Mr. Armstrong

at the Hollywood Palladium; is that correct, for the first

time?

A Yes.

Q And approximately when was that?

A Right around February of '80.

Q What were the circumstances surrounding that

event?

A They were showing a film at that event as I

recall.

Q What film were they showing?

A I think it was called "Dive Bomber."

Q How many people were there?

A I can't recall specifically. I have been

to several events at the Palladium.

Q Well, if I suggest to you that them were several

thousand people there, does that refresh your memory?

A I don't think there were several thousand.

Q More than 1,000?

A Probably or I would say maybe around 1,000,

just looking back at it.

Q And were tickets being sold for this event?

A I think so. I don't know.

Q How much were the tickets?

A I don't know.

Q What were the tickets for?

A I don't know.

Q Was it to raise money for the Safe Environment

 

 

 

 
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Fund to defend Mary Sue Hubbard.

MR. HARRIS: What is the relevance of that, Your Honor?

THE COURT: I assume it is preliminary to something

else. Overruled.

THE WITNESS: It could be for the safe environment

fund. I am not totally sure of the purpose of the safe

environment fund.

Q BY MR. FLYNN: Did you see promotional material

in connection with that event?

A Yes.

Q What was the promotional material?

A It was a poster with duplication of the

"Dive Bomber" original poster on it.

Q And was it promoted on the basis that L. Ron

Hubbard wrote the movie script for the "Dive Bomber?"

MR. HARRIS: Was it promoted? This is far beyond the

scope of direct and far beyond the circumstances of the

the meeting of Gerry Armstrong.

THE COURT: Well, testing his recollection, I

suppose. Overruled.

THE WITNESS: What was the question?

Q BY MR. FLYNN: Was it promoted on the basis

that L. Ron Hubbard wrote the movie script for the movie

the "Dive Bomber"?

A I don't recall the exact specifics that were

on the posters.

Q Why did you go?

 

 

 

 
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A Because I was given a ticket.

Q Did you see the movie?

A Yeah.

Q Was it your understanding that L. Ron Hubbard

wrote the movie script?

MR. HARRIS: Understanding based upon what?

THE COURT: I will sustain the objection.

MR. HARRIS: Thank you.

Q BY MR. FLYNN: Did you believe that L. Ron

Hubbard wrote the movie script?

MR. HARRIS: Same objection.

THE COURT: Overruled; you can answer if you can

remember.

THE WITNESS: I think it was at the time, yes.

Q BY MR. FLYNN: Do you know who Mr. Armstrong's

senior was?

A I think it was Laurel Sullivan.

Q Was it your understanding that they were in

charge of the biography project in terms of research?

A Yes.

Q And that Mr. Armstrong was collecting

documents for that project?

A Yes, also there was a museum. I was told

there was plans for a museum, also.

Q Have you examined the contents of any

documents under seal?

A What do you mean by "examined"?

Q Read.

 

 

 
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A I have read some of them, yes.

Q What have you read?

A I don't recall specifically.

Q Do you recall anything?

A Yeah.

Q What do you recall?

THE COURT: Well, without going into the details,

maybe you can describe generally what you read, may have

read.

THE WITNESS: It was a copy of the book "Excalibur"

which I read a few pages of. There was some correspondence

between LRH and his attorneys. There was piece of correspondence

between LRH and I think it was a person who was handling some

PR aspect for him in the late '60's or early '60's or something

like that.

There were other items also, I can't recall

specifically what I read.

 

 

 
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Q Did you ever meet Omar Garrison?

A No.

Q Did you testify on direct that the manuscript

Excaliber has not been published has not been published?

A I don't believe I did.

Q You don't remember whether you did or didn't?

A I don't think I did say anything about that.

Q Do you know whether the manuscript Excaliber has

been published?

A I don't have any direct knowledge, no.

Q Are you familiar with the book called "Dianetics

and Scientology Technical Dictionary" by L. Ron Hubbard?

A Yes.

Q Have you read it?

A Part of it.

Q Have you read the part relating to Excaliber?

A I could have at some point. I don't recall.

Q Have you read the part that, ". . .most has been

released in HCOBs, PLs and books"?

MR. HARRIS: I'll object. If Mr. Flynn is reading

from a book, Your Honor --

THE COURT: I'll sustain it.

If you are about through with this witness,

we'll go on and finish. If not, we'll take a recess.

MR. FLYNN: Your Honor, we can take a short recess --

THE COURT: It will be a long one.

MR. FLYNN: Well, Your Honor --

THE COURT: We'll see. Go ahead for a few minutes.

 

 

 

 
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Q BY MR. FLYNN: Do you contend as a

representative or a witness for the plaintiff that the

manuscript Excaliber has not been published?

MR. HARRIS: He does not contend anything, Your Honor.

THE COURT: I'll sustain the objection.

Q BY MR. FLYNN: Who is Andrew Linarcic?

A It is Linarcic.

He is a staff member of the church.

Q Is he currently -- When you say "the church,"

which church?

A I'm not sure which church.

Q Do you know what his position is?

A No.

Q Have you ever met him?

A Yes.

Q Have you ever worked with him?

A Yes, actually.

Q And in what capacity did you work with him?

A He worked for me for a short period.

Q What period?

A From August -- I think it was a couple of weeks

in August of '83.

Q Did he work for you in August '82?

A No.

Q Do you know what his post was then?

A I'm not sure of the date.

Q Well, do you know whether he was in charge of

the archive material of the church concerning L. Ron

 

 

 
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Hubbard, Dianetics and Scientology?

A I don't think that is true, no.

Q What are the technical archives?

A Well, there are basically the controller

archives or that portion of the controller archives that

deals with the works of L. Ron Hubbard pertaining to

Scientology. It is philosophy. It has certain technical

procedures regarding the spirit and that type of thing.

Q Mr. Armstrong gave you many documents to put

into controller archives; didn't he?

A It depends on how you mean "many." Relative

to --

Q How many did he give you?

A He gave me several file folders plus some

charts, a few tapes, that type of thing.

Q He gave you those because controller archives

are basically technical archives relating to L. Ron

Hubbard's writings; is that correct, as opposed to his

personal biographical materials, Mr. Vorm?

A That was basically the original intention of the

controller archives.

Q Right; that the controller archives related to

technical writings and the biographical archives related to

personal biographical materials; isn't that correct?

A Well, that is like the original intention;

however, that is not exactly the way it was in practicality.

Q Well, did Mr. Armstrong collect personal

biographical materials?

 

 

 
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A Yes.

Q Did you collect technical writings?

A Yes.

Q Did Mr. Armstrong turn over technical writings

to you?

A Yes.

Q Did you turn over personal biographical

materials to Mr. Armstrong?

A Yes.

 

 

 
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Q And was Mr. Linarcic in charge of the archive

material relating to L. Ron Hubbard, Dianetics and

Scientology?

A No.

Q Do you know what Mr. Linarcic's present post is?

A No.

Q Do you know where he is?

A No.

Q When did you last see him?

A Three months ago.

Q Where?

A Walking down the street, on the sidewalk.

Q Is he still a staff member of the Church of

Scientology?

A I don't know. I assume so, but I don't know.

Q Do you know that he filed an affidavit in this

case at the beginning of the case?

A I am not sure. I may have -- maybe he told me.

I don't recall exactly.

Q Well let me show you the affidavit and ask you

if you have read it.

A Okay.

Q Have you read that, sir?

A Not prior to just now, no.

Q You had never read it before?

A No.

Q Having read it, are the contents of that to your

knowledge accurate?

 

 

 
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A I didn't finish reading the whole thing.

Q Would you do so, please.

A Okay.

Q To your knowledge, is that affidavit accurate?

A I don't really have personal knowledge on some

of these points, so I can't --

Q Well, did the Church of Scientology of California

to your knowledge own the archives material?

A I don't have knowledge on that exact legal

ownership.

Q Mr. Linarcic worked for you in the summer of

1983?

A That's right.

Q He was your junior?

A That's right.

Q Would he have had knowledge to your knowledge of

who owned the documents?

MR. HARRIS: Well --

THE COURT: I will sustain the objection.

I think we will take a recess at this time. We

will reconvene tomorrow morning at 9:00 o'clock. The

witness is ordered to return at that time.

(At 4:10 p.m. an adjournment was taken,

to be resumed at 9:00 a.m., Friday,

May 4, 1984.)

 

 

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