IN THE HIGH COURT OF JUSTICE
B E T W E E N :
CHURCH OF SCIENTOLOGY OF CALIFORNIA
(1) RUSSELL MILLER
A F F I D A V I T
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. This affidavit is supplemental to my previous
affidavits filed with this Court.
2. I have read Jonathan Caven-Atack's Third Affidavit
and Mr Miller's supplemental affidavit filed with this Court
yesterday, October 7, 1987.
3. Mr Caven-Atack conveniently changes his testimony of
his previous affidavits and now states that he received
copies of the documents from a Brenda Yates who had been
given the task of making photocopies of documents in
possession of Mr Armstrong's lawyer.
4. Mr Miller in his supplemental affidavit now claims,
at this late hour, that he "misunderstood" how Mr
Caven-Atack obtained copies of the documents. These
inconsistent and last minute changes are simply an attempt
to create confusion and doubt with this Court.
5. Mr Caven-Atack and Mr Miller's latest affidavits
lack, as did their previous affidavits, specific facts.
They still fail to identify which documents were obtained
from Mrs Yates. Also, they still remain silent regarding
how they obtained the documents that remained sealed during
the entire course of the Armstrong trial and were never made
6. I have read the affidavit of Earle C. Cooley dated
October 8, 1987. In regard to paragraph 4 of this
affidavit, I can say, based on my being in Court every day
of the Armstrong trial, that none of these documents in
question in this case were publicly available during the
course of the trial. There were over 100 exhibits that were
publicly available and not subject to any sealing order but
none of these documents are included in this case and none
of them were LRH archive documents. The truth is that the
documents in question were sealed throughout the entire
Armstrong trial and remain sealed to this day.
7. Produced and shown before me now is exhibit "KDL 36"
a true and correct copy of the affidavit of Gerald Armstrong
of March 7, 1986. Mr Armstrong himself testified the
following: "CSC (Church of Scientology California) sued me
in August 1982 in the Los Angeles Superior Court and the
documents I had sent my attorneys were ordered to be
delivered to the Court where they were put under seal. Mary
Sue Hubbard entered the case, hereinafter referred to as
(Armstrong), as Plaintiff in Intervention in late 1982. The
case went into trial in 1984 and several of the sealed
documents were admitted into evidence as defense exhibits
500A-500JJJJJJJ. A Judgment was entered in my favour. The
exhibits and other biography documents remain under seal
pending the outcome of an appeal taken by plaintiff."
The appeal referred to by Mr Armstrong is still pending in
8. During the course of the Armstrong trial and up until
this day the Armstrong documents have been effectively under
seal and protected by various Court Orders in the United
States. Mr Flynn was permitted by the trial Court to use
the documents only for the purpose of the Armstrong case and
only during the pendancy of those proceedings. The trial
court, in a 23 April 1984 hearing, specifically stated how
these documents were to be treated:
Mr Flynn has not had access to these documents, assuming
that the Court is now allowing him to go into them, we also
would like an order that requires that he has seen these
materials under seal. He may not disclose the materials or
the contents of the materials for any purpose outside of the
use in this proceeding. That is the order that exists
presently with respect to Counsel.
least until the Court decides what to do with these
The Court also stated:
by Mr Flynn that he is not going to do anything of an
untoward (sic) nature that would violate the theory and the
principles of what we are trying to deal with here. He is
subject to the protective order.
proceedings until further order discuss or disseminate to
other people, other than people like his client or in Court
here, matters contained in the sealed records which were not
in the public domain before Mr Armstrong first went to Mr
Flynn or Miss Dragojevic, her firm."
9. Produced and shown before me now is exhibit "KDL 37",
a July 31, 1986 declaration of Mr Michael Flynn filed in
another Church case. In the case, Mr Flynn was being
accused of giving out Armstrong documents to a media outlet.
Mr Flynn stated:
"In this case, of course, when we do not possess the
(Armstrong Documents) it would be impossible for us to sell
sealed documents to (Der Spiegal)."
10. Produced and shown before me now is exhibit "KDL 38",
a true and correct copy of portions of deposition transcript
of a Mr Homer Shomer, taken on 23 April 1985. Ms Julia
Dargojevic, who was also trial Counsel for Mr Armstrong and
who worked closely with Mr Flynn, stated:
say is that simply by turning over these documents doesn't
mean we're limiting ourselves because we consider that a
number of documents which were used in the Armstrong case
would be applicable to this Request for Production.
Unfortunately, those documents are under seal for the
present, and there's nothing I can do about producing them."
11. As has been clearly shown by the facts above, Mr
Armstrong and Mr Flynn testified that they have complied
with the Court Orders sealing the documents in question. If
Mrs Yates got the documents from Mr Flynn as Mr Miller
testifies she did, or from anyone else, she did so in
violation of Court Orders and also in Breach of Confidence.
12. Obviously, if Mrs Yates would have legally had the
Armstrong documents in her possession, she would have
distributed them the same way she distributed the trial
transcripts. In Mr Miller's affidavit, he states that Mrs
Yates was to "copy and immediately" distribute the documents
obtained from Mr Flynn. As is shown by the facts below, Mrs
Yates only distributed the trial transcripts.
13. Produced and shown before me now is exhibit "KDL 39"
which is a true copy of several pages from a July/August
1984 publication entitled "The Journal of the Advanced
Ability Center." Contained in the classified section of
this publication is an advertisement from Brenda Yates
offering for sale copies of the Armstrong Trial Transcripts.
Nowhere in the ad does Mrs Yates offer the Armstrong
documents which would obviously be of more interest to
potential buyers than just the trial transcript.
14. Produced and shown before me now is exhibit "KDL 40"
a true copy of the January/February 1985 edition of "The
Journal of the Advanced Ability Center." Mrs Yate's ad
appears again in the classified section. As the Court can
see there is no mention of any Armstrong documents for sale.
15. After reviewing all the facts put forth by the
Plaintiff and after reading the inconsistent affidavits of
Mr Miller and Mr Atack, there is no doubt that the documents
in question in the suit were improperly obtained in
violation of Court Orders and in Breach of Confidence.
The Church does not want to prevent the publication of Mr
Miller's book, we just want the parts of the book taken from
the documents in question removed and our copyright rights
in the photographs protected.
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