IN THE HIGH COURT OF JUSTICE
B E T W E E N :
CHURCH OF SCIENTOLOGY OF CALIFORNIA Plaintiff
- and -
(1) RUSSELL MILLER
PENGUIN BOOKS LIMITED Defendants
I, KENNETH DAVID LONG of 1301 North Catalina, Los Angeles,
California 90027, United States, an executive employed in
the Legal Division of the Church of Scientology of
California, MAKE OATH and say as follows:-
1. I have been a member of the Church of Scientology for
11 years, and a member of the Church's staff for 7 years. I
am employed by the Church of Scientology of California
(hereinafter called "the Church") which is a non-profit
making religious corporation registered in California since
1954. My duties for the past 5 years have required that I
work closely with and assist Church counsel in all phases of
litigation in the United States, including the Church's
litigation with Gerald D. Armstrong.
2. I have caused to be reviewed a manuscript of
approximately 375 pages and entitled " Bare-Faced Messiah" by
Russell Miller. There is now produced and shown to me
marked "KDL 1" a copy of Mr. Miller's manuscript. This book
contains direct quotes from unpublished writings of L. Ron
Hubbard including personal diaries. From reading this
manuscript it is self-evident that the unpublished quotes
could not have been included without having the documents
at hand. These documents could not have been obtained
except by unauthorised access to them.
3. Mr. Miller in his publication goes into a rather
detailed explanation as to how Gerry Armstrong, an ex-
employee of the Church, had acquired these private writings
of Mr. Hubbard's while working as a researcher on a
biography of Mr. Hubbard. My affidavit will explain how
these unpublished writings could only have come from Gerry
Armstrong in breach of his agreements to keep these private
writings absolutely confidential.
4. Gerald Armstrong was an employee of the Church from
February 1969 to December 1981. There is now produced and
shown to me marked "KDL 2", as evidence of Mr. Armstrong's
employment, a copy of the W-2 Wage and Tax Statements issued
by the Church for Mr. Armstrong during the years 1977 and
1978. There is also now produced and shown to me marked
"KDL 3" a copy of an Affidavit executed by Mr. Armstrong on
April 12, 1980, in which Mr. Armstrong affirmed at paragraph
1 that he was employed by the Church.
5. On January 8, 1980, Mr. Armstrong requested permission
from the Founder of the religion of Scientology, Mr. L. Ron
Hubbard, to be allowed to create a position within the
Church which would compile, protect and preserve Mr.
Hubbard's personal papers. Mr. Armstrong informed Mr.
Hubbard that his purpose in making the request was because
the position would require that "the person doing such would
have to have your trust". There is produced and shown to me
marked "KDL 4" a copy of Mr. Armstrong's request of January
8, 1980 to Mr. Hubbard. As the Court will see, Mr.
Armstrong's request was copied to his supervisors within the
Church in the upper right hand corner of the first page.
6. Upon Mr. Armstrong's request, the Church then allowed
Mr. Armstrong to create a position within a division of the
Church known as the "Personal Office of LRH". There is now
produced and shown to me marked "KDL 5" a copy of the
Fictitious Business Name Statement of March 12, 1980 which
established the Personal Office of LRH as a fictitious name
for the Church of Scientology of California. Mr.
Armstrong's new position was entitled "Senior LRH Personal
Public Relations Officer Researcher" ("Snr R Pers PRO
Researcher"). There is now produced and shown to me marked
"KDL 6" a copy of the dispatch distributed by Mr. Armstrong
on February 3, 1980, announcing his assumption of the new
7. As the Court will see, Mr. Armstrong was aware of his
obligation to hold confidential the information he obtained
as an employee of the Church long before he assumed the
position of Researcher in 1980 and he continued to remain
aware of this obligation while holding that position. There
is now produced and shown to me marked "KDL 7" a copy of the
Non-Disclosure and Release Bond executed by Mr. Armstrong on
March 18, 1977 in which Mr. Armstrong acknowledged his
employment with the Church and that any information or
knowledge obtained by him as an employee was done so in a
relationship of trust and confidence and imparted to him a
fiduciary duty to the Church. There is also now produced
and shown to me marked "KDL 8" a copy of the dispatch dated
February 22, 1980 and written by Mr. Armstrong, in which he
describes the value of the materials which he was collecting
and requesting increased security arrangements for the
office in which those materials were to be stored. As the
Court will see, Mr. Armstrong stated that he would sleep in
the office to ensure the safety of those documents until
such time as the security arrangements had been enhanced.
There is now also produced and shown to me marked "KDL 9" a
dispatch by Mr. Armstrong of May 14, 1980, in which he
stated that other Church staff were "extremely reluctant" to
furnish him with personal information about Mr. Hubbard's
family and friends, and in which Mr. Armstrong obtained
access to such information after assuring his fellow staff
"as to the confidentiality these files are given".
8. On October 30, 1980, AOSH DK Publications and author
Omar V. Garrison entered into an Agreement under which Mr.
Garrison was to engage in the writing of a biography of Mr.
Hubbard. There is now produced and shown to me marked "KDL
10" a copy of the agreement between Mr. Garrison and AOSH DK
Publications. Shortly thereafter, AOSH DK Publications
requested assistance from the Church in executing the terms
of its agreement with Mr. Garrison, and specifically the
assignment of a Church employee who would work as an
assistant to Mr. Garrison and "assist in research and office
duties as needed". There is now produced and shown to me
marked "KDL 11" a copy of the letter of November 14, 1980
sent by the Secretary of the Board for AOSH DK Publications
to the Board of Directors for the Church. As the Court will
see, the Board of Directors for the Church confirmed the
agreement with the terms of the letter, and later ratified
its agreement in a written Resolution. There is now
produced and shown to me marked "KDL 12" a copy of the
Resolution adopted by the Board of Directors of the Church
in adopting the agreements proposed by AOSH DK Publications.
Mr. Armstrong was the Church employee thereafter provided to
Mr. Garrison pursuant to this agreement.
9. Mr. Armstrong assisted Mr. Garrison as a researcher and
office assistant until he voluntarily terminated his
employment with the Church on December 12, 1981. As the
Court will see, by the time Mr. Armstrong left the Church he
had furnished Mr. Garrison with "a great deal of materials"
which were in Mr. Garrison's possession. There is now
produced and shown to me marked "KDL 13" a copy of Mr.
Armstrong's letter of December 12, 1981, in which he
resigned his position in the Church.
10. On August 2, 1982, the Church brought a lawsuit against
Gerald Armstrong, under two causes of action, namely,
conversion and breaoh of fiduciary relationship, in respect
of which the Church sought injunctive relief and imposition
of a constructive trust. There is now produced and shown to
me marked "KDL 14" a true and accurate copy of the
complaint. On August 24, 1982, the Honourable Judge John L.
Cole of the Los Angeles County Superior Court issued a
Temporary Restraining Order requiring Mr. Armstrong, his
counsel, and all other persons participating or working in
concert with Mr. Armstrong to surrender to the Clerk of the
Los Angeles Superior Court all of the documents taken by Mr.
Armstrong. There is now produced and shown to me marked
"KDL 15" a copy of the Temporary Restraining Order. As the
Court will see, the terms of that Order specified that the
documents surrendered to the Court would remain under seal,
available only to the parties in the action and only for
purposes of that action.
11. On October 4, 1982, the Honourable Judge John L. Cole
issued an order superseding the Temporary Restraining
Order, but which maintained the sealing.and confidentiality
provisions of his prior Order pending resolution of the
matter. There is now produced and shown to me marked "KDL
16" a copy of the Preliminary Injunction dated October 4,
12. On June 24, 1983 after several disputes over the
writing of the LRH biography, Mr. Garrison entered into a
Settlement Agreement with New Era Publications, the
successor corporation to AOSH DK Publications. There is now
produced and shown to me marked "KDL 17" a copy of the
public settlement agreement, in which Mr. Garrison
acknowledged that he returned all copies of the materials
furnished to him to the Church of Scientology International
and that he has no right of possession to any of those
13. Trial was heard on the Church's suit against Mr.
Armstrong from May 3, 1984 through June 8, 1984. On June
20, 1984 the trial court issued a Memorandum of Intended
Decision which, on July 20, 1984, was held to be the
Statement of Decision. As the Court will see, the trial
court ruled that the Church had made out a prima facie
case against Mr. Armstrong for conversion, breach of
confidence, breach of fiduciary relationship and invasion of
privacy, but that Mr. Armstrong was justified in having
taken the materials. The trial court also ordered certain
of the previously sealed exhibits to remain under seal while
unsealing the majority of the previously sealed trial
exhibits. The trial court also ordered that the documents
surrendered to the Clerk of the Court pursuant to the
Temporary Restraining Order of August 1982 which had not
been introduced during trial were to remain under seal
pending trial of a separate suit brought by Mr. Armstrong
against the Church. There is now produced and shown to me
marked "KDL 18" a true and accurate copy of the Memorandum
of Intended Decision dated June 20, 1984. This decision is
currently still on appeal.
14. Following the trial, the Church sought and obtained a
series of sealing orders which effectively maintained the
sealing of the trial exhibits right up to and including
December 1986. There is now produced and shown to me marked
"KDL 19" true and accurate copies of the sealing orders.
In December 1986, as the result of a settlement
agreement reached between the Church and Mr. Armstrong in
relation to Mr. Armstrong's cross-complaint, the trial court
ordered the documents be returned to the Church. There is
now produced and shown to me marked "KDL 20" a true and
accurate copy of the December 11, 1986 Order issued by the
trial court allowing for the return of the trial exhibits to
the Church. The trial exhibits were then returned to the
Church without their ever having been made available by the
court to the general public for copying.
15. As the Court will see in reviewing "KDL 20", referred
to immediately above, the settlement agreement entered into
by the Church and Mr. Armstrong did not affect the Church's
appeal of the trial court's decision in its case against Mr.
Armstrong. In addition to seeking the numerous temporary
sealing orders described above following the 1984 trial, the
Church had also initiated proceedings to appeal the trial
court's July 20, 1984 ruling. That appeal is still pending
with the California Court of Appeal and the action is still
very much alive.
16. As stated above I have reviewed the manuscript by
Russell Miller entitled "Bare-Faced Messiah". I have also
caused to be reviewed certain documents returned to the
Church by the court in December 1986 after the settlement
with Mr. Armstrong. Mr. Miller's manuscript contains a
number of direct quotes taken from these documents which
were held under seal by the court.
17. At page 24 of the manuscript, Mr. Miller both refers
to information contained in, and quotes directly from, Mr.
Hubbard's Boy Scout diary. This diary was never introduced
at trial of the action against Mr. Armstrong and so has
never been unsealed nor made available to the general
18. At pages 45 to 46 of the manuscript, a letter from Mr.
Hubbard's mother to Mr. Hubbard is quoted. This document
has never been made available to the general public.
19. At pages 81 to 82 of the manuscript, large portions of
a letter from Mr. Hubbard to his wife, Polly, are quoted.
That letter, which I believe to be dated July 21, 1938, was
taken by Mr. Armstrong and then surrendered to the Clerk of
the Court in August 1982. It was never introduced at trial
in the action against Mr. Armstrong, and so has never been
unsealed or made available to the general public.
20. At page 90 of the manuscript, a sentence from a one
page letter from Mr. Hubbard to the Cape Cod Instrument
Company is quoted. That letter was taken by Mr. Armstrong
as part of a larger compilation of documents concerning a
cruise taken by Mr. Hubbard, and was then surrendered to the
Clerk of the Court in August 1982. It was never introduced
at trial in the action against Armstrong, and so has never
been unsealed or made available to the general public.
21. At pages 107 to 108 of the manuscript, several
sentences written by Mr. Hubbard on January 6, 1944 in a
Journal he kept as an officer in the U.S. Navy are quoted.
That Journal was taken by Mr. Armstrong and then surrendered
to the Clerk of the Court in August 1982. It was never
introduced at trial in the action against Mr. Armstrong and
so has never been unsealed or made available to the general
22. At pages 23 to 25, 29 to 34 and 37 to 45 of the
manuscript, numerous passages are directly quoted from
three diaries kept by Mr. Hubbard between 1927 and 1929.
These diaries primarily concern several trips made by Mr.
Hubbard to the Orient, including Japan, China and Hong Kong.
These have never been available to the general public.
23. On page 258 of the manuscript, Mr. Miller both quotes
from and gives information from a "Tentative Constitution
for Rhodesia", written by Mr. Hubbard. This document has
never been available to the general public.
24. Mr. Armstrong testified during a deposition taken on
August 1, 1986 that he had met Mr. Miller in approximately
May of 1986. Mr. Armstrong indicated that not only did he
believe that Mr. Miller had archival documents, but also
that Mr. Miller was aware of the litigation arising out of
Mr. Armstrong's breach of fiduciary duty to the Church and
would have had or read documents about the Church's suit
against him in this respect. Mr. Armstrong also indicated
that he had furnished Mr. Miller with documents and
information, although he did not identify which documents he
had provided to Mr. Miller. There is now produced and shown
to me marked "KDL 21" a true and accurate copy of Mr.
Armstrong's testimony of August 1, 1986 concerning his
contact with Mr. Miller.
25. Mr. Miller, by his own admission, is fully aware that
the Church issued legal proceedings against Mr. Armstrong
for removal of Mr. Hubbard's confidential documents from the
Church while Mr. Armstrong was employed by the Church. Mr.
Miller is also fully aware that the Church has appealed the
decision of the Los Angeles Superior Court, and that these
confidential documents, the contents of some of which Mr.
Miller is now seeking to publish, still remained under court
seal when he obtained them from Mr. Armstrong.
26. For the reasons stated above, I know that the documents
quoted and paraphrased in Mr. Miller's manuscript were not
available to him from the court. I also know that Mr.
Armstrong refused to obey an order of the court, and
retained possession of documents which he had been ordered
to surrender to the court for safekeeping under seal. I
also know that Mr. Armstrong had contact with Mr. Miller as
early as mid-1986. Based on these facts, it is my belief
that the documents quoted and paraphrased in Mr. Miller's
manuscript were furnished to Mr. Miller by Mr. Armstrong,
and that they could not have been furnished to Mr. Miller by
anyone else as no-one else other than Mr. Armstrong had
access to these documents. Given these facts I am greatly
concerned that Mr. Miller may still be in possession of
copies of the said documents and may disseminate
confidential information contained therein by distributing
copies of the said documents to third parties or in some
other manner impart the information contained therein to
such third parties.
27. I have read the affidavit written by David Morton Ziff
and understand that Mr. Ziff's affidavit states that he
witnessed the taking of a photograph of L. Ron Hubbard on
the ship "Apollo" in Portugal in 1970. Mr. Ziff attaches to
his affidavit a photograph of L. Ron Hubbard and states that
the photograph was taken by Sylvia Calhoun, who at the time
was employed by the Church as the "LRH Photographer".
This unpublished photograph of L. Ron Hubbard is owned by
the Church and the negative of the photograph is in the
possession of the Church. There is now produced and shown
to me marked "KDL 22" a copy of a photograph of L. Ron
Hubbard which is the same photograph of Mr. Hubbard taken by
Sylvia Calhoun on the ship Apollo in 1970 as described in
the affidavit of Mr. Ziff.
28. There is now produced and shown to me marked "KDL 23" a
copy of an advertisement which appeared in the publication
"Bookseller", Issue number 4256, dated July 17, 1987. This
advertisement depicts the forthcoming book "Bare-Faced
Messiah, the True Story of L. Ron Hubbard" and includes a
picture of L. Ron Hubbard, which is the same photograph of
L. Ron Hubbard marked "KDL 22" which was taken by Sylvia
Calhoun and the copyright in which is owned by the Church as
described above. The use of this photograph of L. Ron
Hubbard in the advertisement in "Bookseller" is unauthorised
and hence an infringement of the copyright in this
photograph owned by the Church. I also believe that the
photograph of L. Ron Hubbard and design surrounding it in
the magazine advertisement in "Bookseller" is a depiction of
the front of the dust cover of Russell Miller's forthcoming
book. The use of Mr. Hubbard's photograph on the front of
the dust cover is likewise unauthorised and an infringement
of the Church's copyright in the afore-mentioned photograph
of L. Ron Hubbard.
29. I have read the affidavit written by Julie Fisher and
understand that Mrs. Fisher's affidavit states that she was
one of the individuals who was photographed with L. Ron
Hubbard in the Dutch Antilles in late 1974 and early 1975.
Mrs. Fisher attaches to her affidavit a photograph of
herself, other Church staff and L. Ron Hubbard, and states
that the photograph was taken by Maude Castillo, who at the
time was employed by the Church as the "LRH photographer".
Maude Castillo took this photograph of L. Ron Hubbard in her
capacity as a photographer for the Church. The copyright in
this unpublished photograph of L. Ron Hubbard is owned by
the Church of Scientology of California and the negative of
the photograph is in the possession of the Church. There is
now produced and shown to me marked "KDL 24" a copy of a
photograph of L. Ron Hubbard which is the same photograph
of Mr. Hubbard taken by Maude Castillo in late 1974 and
early 1975 as described in the affidavit of Mrs. Julie
Fisher and produced there as Exhibit "JT 1".
30. There is now produced and shown to me marked "KDL 25"
a copy of a page from Mr. Miller's manuscript. This page
includes a photograph depicting L. Ron Hubbard and Church
staff, and is the same photograph of Mr. Hubbard marked
"KDL 24" that was taken by Maude Castillo and which is owned
by the Church as described above. The planned use of this
photograph of L. Ron Hubbard by Mr. Miller is unauthorised
and hence an infringement of the copyright in this
photograph owned by the Church of Scientology of California.
31. The Church has spent thousands of man hours and
millions of dollars since 1982 in order to uphold the duty
it owed to Mr. Hubbard as the bailee for his materials when
they were taken by Mr. Armstrong. If Mr. Miller's
manuscript is published with the direct quotations and
paraphrases taken from Mr. Hubbard's personal documents, it
will completely frustrate the purpose of the appeal by the
Church now pending before the Los Angeles Superior Court by
making public the very documents whose confidentiality the
Church and the Courts have protected for the past five
30. If Mr. Miller is allowcd to publish his manuscript
containing very personal and intimate details about Mr. L.
Ron Hubbard with his photograph referred to in paragraph 29
above as well as the photograph on the dust cover, the
buyers may very well at first glance be led to believe that
the book has been supported or approved by the Church.
Nothing could be further from the truth as the book has been
written entirely without the Church's participation.
33. The Church is engaged in the preparations for an
official biopraphy of Mr. L. Ron Hubbard. Should Mr. Miller
be permitted to use the hitherto unpublished photographs
hereinbefore referred to at paragraphs 27 and 29, the
Church would be deprived of its first publication rights in
respect of the said photographs.
34. If Mr. Miller is allowed to publish the confidential
information contained in Mr. Hubbard's personal and private
documents, the confidentiality of that information will be
forever lost. The Church will be irreparably harmed,
without any adequate remedy in monetary terms, as the Court
cannot order the bell be unrung once it has been rung, or
determine how far the sound has reached.
35. For the reasons I have set out in paragraphs 33 to 36
above, I verily believe that damages would not be an
adequate remedy and I ask this Honourable Court to grant an
injunction in the terms sought to restrain publication of
Mr. Miller's book.
36. I understand that, under the law of the United Kingdom
as well as under the laws of the United States, it is
necessary to protect the person against whom an injunction
is sought by giving an undertaking to cover any damages
that might result should the injunction be issued and later
be found to have been wrongly issued. The Church can and
will make good any such undertaking of monetary damages that
might be required. The last published accounts of the
Church show a net worth of approximately $14,000,000. There
is now produced and shown to me marked "KDL 26" a copy of
the balance sheet as at November 30, 1986.
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