Gerry Armstrong--Transcript of Proceedings 04-04-1985

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IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF MULTNOMAH

JULIE CHRISTOFFERSON TITCHBOURNE,

Plaintiff,

vs.

CHURCH OF SCIENTOLOGY, MISSION
OF DAVIS, a non-profit California
corporation, doing business in
Oregon; CHURCH OF SCIENTOLOGY
OF CALIFORNIA, a California
corporation, doing business in
Oregon; and L. RON HUBBARD,

Defendants.

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No. A7704-05184

EXCERPT OF PROCEEDINGS

Volume VII
Pages 4059 to 4163
Testimony of Gerald D. Armstrong

April 4, 1985

BILL ELLIS & ASSOCIATES
Court Reporters
1001 S. W. Fifth Ave.
Portland, Oregon

G. Armstrong - X - 4059

(Court reconvened on Thursday, April

4, 1985, beginning at the hour of

9:40 a.m. Following proceedings held

out of the presence of the jury.)

THE COURT: Ready to go?

MR. WADE: Your Honor, we have brought copies

of the time track of Mr. Armstrong and his B1 file.

The first thing we would be discussing this morning

is the B1 file materials.

THE COURT: Mr. Armstrong was going to

testify about those specific items missing from his

B1 file.

(Mr. Armstrong resumed the witness

stand.)

THE COURT: You are still under oath.

MR. WADE: Your Honor, we have marked -- had

marked as Court Exhibit 253, the time track and also

an additional typewritten listing Mr. Armstrong

prepared, showing other documents which are missing

besides those circled in the time track. We would

offer that as Court Exhibit 253 at this time.

THE COURT: Just one second. Somebody gave

me a copy of a transcript of the deposition of Mr.

Armstrong -- I think you did, Mr. Runstein.

Number 253, is a Court Exhibit received for that

G. Armstrong - X - 4060

purpose. Okay.

(Court Exhibit No. 253 received.)

VOIR DIRE EXAMINATION

BY MR. WADE:

Q. Mr. Armstrong, I'm going to hand you what has been

produced as your B1 file. Before we go into the additional

items which are on the first page of Court Exhibit 253, would

you please go to your time track and tell the Judge what you

have done to show which documents are missing from the time

track from the B1 file and then explain how you know those

documents are missing.

A. What I did, Your Honor, was circle on the left-hand

side, all of the items which are missing. These items were

used in the preparation of this time track and they should

form part of this B1 file. All these things should have been

filed in here, the various FCOs, Conditions Order, and the

various reports, some of which are quoted from, but the report

which has been quoted from is not in the file. Everything

that I have circled here should be here and is missing from

the file. This is several pages.

THE COURT: There is a great deal of

material, if I'm looking at this correctly, that we

are talking about.

THE WITNESS: That's correct, Your Honor.
MR. MANION: Your Honor, I have an

G. Armstrong - X -4061

explanation for it.

THE COURT: Okay.

MR. MANION: Last night I spoke with our

client and they told us about how B1 file was

compiled. Again, they gave us their absolute

assurance that the entirety of Mr. Armstrong's file

was produced.

A time track is compiled from a variety of

sources and documents. They talk to people, they

review Ethics files, they review Flag Orders, they

review hundreds and hundreds of documents. Somebody

sits down and makes a chronological summary of Mr.

Armstrong's activities while a member of the Church

of Scientology. Those documents never become part

of the B1 file. Flag Orders, Ethics Orders,

Knowledge Reports, internal communications, they

never find their way into the file, Your Honor.

The B1 file is just what we have produced.

Those documents that we turned over to Mr. Wade.

Now, for Mr. Armstrong, who has been out of the

Church since 1982 and whose involvement with the

Guardian's Office and B1 is at best tangential and

remote, to say that as a matter of practice, custom

and business the B1 files contain such documents is

incompetent and unsubstantiated.

G. Armstrong - X - 4062

Under the order that this Court issued, Your

Honor, Mr. Armstrong said as a part of his claim the

B1 file was missing documents, that documents even

up to today were not included in it. Your order,

Your Honor, only required the production of

documents through April 11, 1983. Our clients

assure us, and I believe it's the requirement and

the obligation of a party responding to a request

to produce, that everything contained in Mr.

Armstrong's B1 file was produced to him. That the

documents and the categories of documents found in

Mr. Armstrong's B1 files are the kind of documents

that you would find in anyone's B1 file. For Mr.

Armstrong to say because sources, Ethics Orders,

Flag Condition Orders, bulletins, all kinds of

documents were referred to or utilized in the

preparation of a time track, doesn't automatically

put those documents in the B1 file. They may have

been consulted, they might have been utilized.

There is documents all over a world-wide

organization. But they were never in the B1 file.

We give you our representation of counsel

that the question was asked specifically to the

client. The client was instructed as to the Court's

order. I went over in detail the Court's order,

G. Armstrong - X - 4063

what it encompassed with the client, and I assure

the Court that every document contained in the B1

file was produced to Mr. Armstrong.

Now, if Your Honor wants me to go through the

eight item that Mr. Armstrong has identified on page

one of Exhibit 253, and say were these reports ever

contained in the B1 file? Did you have any

knowledge they were pulled out of the B1 file? I

would be happy to do that. But I'm telling you,

Your Honor, these are the B1 files, notwithstanding

this witness' assertion that other things should

have been in it.

THE COURT: Let me understand this. This

addendum, additional documents, of eight items, is

that in addition to the circled numbers that are

contained --

MR. WADE: Yes, Your Honor. We would request

that we be provided the name with the person Mr.

Manion spoke to who gave him that information.

MR. MANION: I have no problem with that. It

was Mr. Gutfeld. And he's here.

MR. WADE: I would like to ask Mr. Armstrong

some more questions, if Mr. Manion is finished.

MR. MANION: Sure.

THE COURT: I'm in a difficult position

G. Armstrong - X - 4064

because I am in a position of not knowing what goes

in a B1 file.

MR. MANION: Your Honor, their request to

produce, we understand our obligation to press on

the client and explain to him, in very

understandable language, what they are required to

produce, and we did that. They have said this is

what is the B1 file. We are in the same position

you are, other than we give you our assurance that

we as counsel have discharged our obligation and are

satisfied with it.

BY MR. WADE: (Continuing)

Q. Mr. Armstrong, with respect to the listing from the

time track, how did you become familiar with the kinds of

documents that are in the B1 files?

A. Well, I have seen other B1 files in the organization.

I saw a B1 file which was Nibs Hubbard's B1 file. It was over

a whole file cabinet in size. And for every entry on the time

track, there was a document in the file.

Q. With respect to the listing and -- which is the first

page of Exhibit 253, would you explain to the Court what items

are missing and what leads you to believe that such items

would have been in the B1 file.

A. We are talking about the cover note on the front?

Q. Yes.

G. Armstrong - X - 4065

A. First of all, there is a note here saying: " No. 4.

I note the organization has B1 one files for this" -- should

be "the rest of my family members." That's not really an item

which is omitted from my file. However, the rest of them,

there are various references in here from which I can

determine that these reports were consulted or that they

should have been there. The first one is a major event. I

was locked up in B1 by the Deputy Guardian for Intelligence,

in June of 1976, in the Fiefield Manor. And there would be a

mass of reports from that period, all of which would have gone

into my Bl file. It's ludicrous to say they were when it was

such a major event for B1 itself.

There's a document in here called the Jerry Armstrong

Project, which involves a number of targets to be done

regarding me. There should have been all the reports which

arose from that. All the, actions which were taken by B1,

because it was a B1 operation. There are a number of

references in the B1 time track of material which was taken

from my PC files. All of the cullings which were done of my

PC files should have been in there.

There's a document which begins, number three, that

-- this is number five on my list here, "Data on how" -- it

continues on for half a page, at least page one of that

document is missing.

There is a page of Intelligence Report regarding the

G. Armstrong - X - 4066

Curacao Consulate, United States Consulate in Curacao in the

Netherlands Antilles. There are no other Intelligence Reports

for operations I was involved in in the Guardian's Office, on

the ship or later.

There's a document there having to do with a dead

agenting of Jerry Armstrong's, dated September 30, 1982. It

references a number of things about me, known out securities,

some phone calls I allegedly made, a mission which I was

supposed to have done to Charleston, communications to and

from George Kelly. It references a Madrid incident, an

incident when I was detained at the Madrid airport for a

number of hours. This also -- this is in itself, the DA of

Jerry Armstrong, is a Black Propaganda Campaign orchestrated

by the organization and there should be a mass of documents to

do with that.

There's a reference regarding an order from the

Special Unit, PAC, Pacific area, stating I was not to be

harassed. This is referenced, but it is not in the file.

Those are what I was able to, at a glance, see last

night.

Q. So what you find are actually parts of documents or

incomplete documents, and in addition to that, you find

documents which reference other documents which are not in the

file?

A. That's correct. Every time my name would be

G. Armstrong - X - 4067

mentioned, that document would go into my file. There is

massive cross filing within the Guardian's Office in B1.

Q. Mr. Armstrong, are there any other documents which

are not contained in your B1 file besides those you have

already mentioned?

A. If we are only taking a cutoff date of April 1983,

then all the documents concerning the month and a half of

harassment by private investigators hired by the organization

should all be in there.

Q. Would there be anything else in there?

A. I don't know. Thereafter, there's a mass of

documentation which ought to be there.

Q. What would that mass of documentation concern?

A. It would concern all operations by the organization

against me, operations in which people from the organization

were sent out to contact me for various things, Terri Gamboa,

Mark Rathbun. There was an operation in which I was harassed

in London, England; that also would be in the B1 file or be in

the Intelligence files in the organization, whatever those

Intelligence files currently are. They renamed the

Intelligence -- the Guardian's Office, the Office of Special

Affairs at some point.

There would be information regarding photographs that

were taken of me by the organization in November 1984. There

would be references to and hopefully all the documents which

G. Armstrong - X - 4068

were stolen from the trunk of my car, in November 1984.

There's a mass of documentation which the

organization has assembled on me which they have in their

possession, and they may have renamed the files from B1 to

some other name, but they've got this information.

Q. Are you then aware of operations against you in the

last year or two?

A. Yes.

MR. WADE: Your Honor, I think it's clear

from Mr. Armstrong's testimony, if the Court would

like to review, we've brought this B1 file. I think

of particular interest is the fact that certain of

these documents mention other documents of the same

sort, yet those documents are not in the file.

The B1 file of Nibs Hubbard, which Mr.

Armstrong has testified about, was produced for us.

I can provide to the Court the copies we have from

that file which show that when these excerpts are

taken, the other documents are contained in the same

-- it was then the B1 file. The difference may be

that in Nib's file, it was things that -- the

documents which they produced were unfavorable to L.

Ron Hubbard, Jr., whereas in this case, the

documents not being produced would be favorable to

Mr. Armstrong.

G. Armstrong - X - 4069

We request that there be sanctions against

the defendants if they do not forthwith produce the

entire B1 file of Mr. Armstrong, and those documents

which would be contained in that file. What has

happened is, they have produced documents which are

incomplete in many instances, documents which have

been removed in many instances, and the entire file

should be produced.

MR. MANION: Your Honor, Mr. Armstrong has no

familiarity with what his file contained before he

left the organization, so he can't tell us what has

been taken out of the file. He says a lot should

have been, should have been, ought have been. He's

been out of the organization since December of '81.

THE COURT: Mr. Manion, where are all these

documents?

MR. MANION: All the documents referenced in

the time track? They are collected throughout the

organization in Ethics files, in Knowledge Reports,

in Flag Orders. The man was in the organization,

according to his own testimony, for eleven years.

Hundreds and hundreds of documents and other

sources, talking to people, were used to compile the

time track. For him to say that L. Ron Hubbard's

son's time track is different to him --

G. Armstrong - X - 4070

THE COURT: I don't care about that. I want

to know where these documents are in the

organization.

MR. MANION: They are in the organization.

THE COURT: Let's have them.

MR. MANION: All right. We'll get on it.

THE COURT: In view of what we decided last

night of what cross-examination is going to consist

of, I want all documents with reference to Mr.

Armstrong, everything listed here, everything

circled, everything on this addendum list, produced.

MR. WADE: Your Honor, we would request

documents to date since the allegations concern

things which would have taken place after May of

1983.

THE COURT: I was expecting that question.

Are we going to get into an area after the date he

left?

MR. COOLEY: Yes, sir.

THE COURT: Then we need those documents as

well.

MR. COOLEY; All right, Your Honor.

MR. WADE: Thank you, Your Honor.

THE COURT: Now the question is, when?

MR. COOLEY: We will put our people to work

G. Armstrong - X - 4071

on it as soon as business concludes today.

THE COURT: Mr. Gutfeld is sitting there.

MR. COOLEY: May I consult with him, Your

Honor?

THE COURT: Sure.

(Mr. Cooley and Mr. Manion consulted

off the record with Mr. Gutfeld.)

MR. COOLEY: We believe we can do it by

Monday, Your Honor.

THE COURT: That will work; in view of what

our timetable is, I think that will work.

MR. COOLEY: I think it will, too, Your

Honor.

THE COURT: All right, that satisfies that

requirement, Mr. Wade.

MR. WADE: Thank you, Your Honor.

THE COURT: We have this document; I'll hold

on to it and let's work again.

Bring the jury back.

(Following proceedings held in

the presence of the jury.)

THE COURT: Good morning.

Mr. Cooley.

MR. COOLEY: Thank you, Your Honor.

CONTINUED CROSS-EXAMINATION

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