DECLARATION OF VICKI J. AZNARAN
I, VICKI J. AZNARAN, hereby declare as follows: am over 18 years of age and
resident of the State of Texas. I have personal knowledge of the matters set
forth herein and, if called upon to do so, could and would competently testify
2. From 1972 until 1987, I was a member of various Church of Scientology
("Church") entities. During that time I held a number of important positions
the corporate and ecclesiastic hierarchy of the Church.
3. Religious Technology Center ("RTC") is the owner of the trade
rights in certain confidential scriptures of the Scientology religion referred
to collectively as the Advanced Technology or the "Upper Level Materials."
confidential materials are commonly known individually as Power, SOLO Course,
R6EW, Clearing Course, OT I - OT VIII and several higher OT levels which to my
knowledge have not yet been released. Training in these highly confidential
scriptures is available only in certain Churches of Scientology and only to
Scientologists who have completed the required levels of, spiritual training
which, as a matter of ecclesiastic doctrine, are a prerequisite to accessing the
Advanced Technology. The Upper Level Materials are trade secrets and are treated
as such. RTC and the Churches which offer the services based upon these
confidential religious writings go to great lengths to protect the secrecy and
confidentiality of the Advanced Technology. They are kept under lock and key and
the copies of the materials are numbered and monitored through a logging system
to ensure that only Scientology parishioners who have attained the requisite
level of spiritual awareness are allowed access to the Upper Level Materials.
Even then, such parishioners do not gain access to these scriptures until they
have signed secrecy and confidentiality agreements. Moreover, parishioners who
have access to these materials are not permitted to copy them, make notes from
them, or remove them from designated rooms.
4. The Advanced Technology is otherwise not available to anyone. Thus, as
to any version of any of the scriptures that comprise the Advanced Technology,
if the material in question is in anyone's hands other than pursuant to the
prescribed procedures, it must either have been stolen or otherwise
misappropriated in violation of a covenant of confidentiality.
5. RTC and the Church take special care to protect and enforce its
intellectual property and trade secret rights and to prosecute any theft,
infringement, or unauthorized disclosure of the Upper Level Materials. When I
was President of RTC information came to my attention which implicated David
Mayo in the receipt of certain of the Upper Level Materials stolen from a Church
in Denmark. That information led to the filing of the consolidated cases called
Religious Technology Center v. Scott, et al. and Religious Technology Center v.
Wollersheim, et al., Nos. CV 85-711 and CV 85-7197 were filed against David Mayo
and others in the United States District Court for the Central District of
California ("the consolidated cases").
6. After I left the Church, I met with Jerold Fagelbaum, one of the
attorneys for David Mayo in the consolidated cases, in late June or early July
1988 when he cane to Dallas to gather information from me that would be of use
to him in the litigation with RTC and the other Church plaintiffs. I have also
executed a declaration for Mr. Fagelbaum's use in the consolidated cases in
October of 1988 and have had my deposition taken in the consolidated cases. At
no time in my interview with Mr. Fagelbaum, or in any of the above testimony --
or at any other time -- did I claim to have seen any handwritten manuscripts of
those portions of the Upper Level Materials stolen in Denmark. What I did
testify to is that I had seen the original version of these materials. They were
all in typed form. Some of the typed originals had some minor handwritten
notations on them. I never saw any original version of these materials which was
handwritten by anyone let alone David Mayo.
7. However, I see from reviewing documents in the consolidated cases, that
on several occasions Mr. Fagelbaum has argued that I had seen such handwritten
manuscripts. This just is not true. Mr. Fagelbaum has also argued several times
that I knew that materials from Mr. Hubbard's spiritual counseling folders were
used in the creation of New Era Dianetics for Operating Thetans. This is also
not true and I never told that to Mr. Fagelbaum, nor testified to such a fact.
The truth is that I saw the original versions of these materials and the
information which Mr. Hubbard used to create them. I never saw anything that
would have come from Mr. Hubbard's spiritual counseling folders.
a. Mr. Fagelbaum has also argued that I said that the Church was engaged in
massive document destruction in order to give the impression that documents
related to this case were destroyed. I never said that. During the time I was
President of RTC, we fully complied to all discovery requests. I have never
received an order from David Miscavige, Norman Starkey or Lyman
Spurlock to destroy any documents related to litigation and I
have no reason to believe that the Church would destroy any
documents related to the consolidated cases, especially regarding
the authorship of the New Era Dianetics for Operating Thetans
materials. All the documents I saw relating to the authorship of
these materials showed that L. Ron Hubbard was the author and not
David Mayo. I can see from Mr. Fagelbaum's arguments and papers
that he created the impression that documents related to this
case were destroyed in order to win the case, and that he used my
testimony entirely unrelated to this matter as the prime support
and corroboration of this false claim. He has misinterpreted
what I said, and taken my testimony entirely out of context, as I
never alleged any such thing, and in fact know the opposite to
what he has argued is the truth.
I declare under the penalty of perjury under the laws of the United States
America, and under the laws of each individual state thereof, including the laws
of the states of California and Texas, that the foregoing is true and correct.
Executed this 19th day of May, 1994 in Dallas, Texas.