DECLARATION OF GERALD ARMSTRONG
California v. Gerald Armstrong, Los Angeles Superior Court No C 420153.
Attached hereto as Exhibit [A] is a copy of the Armstrong decision rendered
by Judge Paul G. Breckenridge Jr. on June 20, 1984. A cross-complaint I filed
against plaintiff Scientology organization and other Scientology organizations,
hereinafter referred to as "the organization," was bifurcated from the
underlying case on motion of the organization and did not go to trial as it
settled on December 11, 1986. The settlement agreement included delivery
of certain documents from the underlying case to the organization and
allowed the organization to maintain its appeal from the Armstrong decision
then pending in the California Court of Appeal, Second Appellate Division as
No. B005912. On December 18, 1986 the Court of Appeal, whose decision is
attached hereto as Exhibit [B], dismissed the organization's appeal, reasoning
that there would be no appealable final judgment until after trial of the
duces tecum, a copy of which is attached hereto as Exhibit [C], in the case of
Bent Corydon v. Church of Scientology International, Los Angeles Superior
Court No. C 694401. The subpoena, issued by Toby Plevin, attorney for Mr.
Corydon, orders my appearance to testify at a deposition and to produce the
agreements, releases and any other documents relating to the settlement I
had entered into with the organization.
deposition venue was acceptable to me, to advise me that the
October 20 deposition date would probably be changed, and to ask me for
alternative dates which would be convenient for me. We spoke two or three
times by telephone over the next week or so to set or cancel dates. During
one of our conversations she informed me that she had received "a
threatening letter" concerning my deposition from attorney Larry Heller,
who I knew to be an attorney of record for various Scientology-related
organizations and individuals, and to have a supervisory role in virtually all
the organization's legal matters. Ms. Plevin read me parts of Mr. Heller's
letter in which he stated that it was inconceivable that I had any information
relevant to Mr. Corydon's lawsuit, that Ms. Plevin was seeking to breach the
settlement agreement by proceeding with my deposition, and that should my
deposition ever go forward he would apply to the court for sanctions. It
became apparent to me during this conversation with Ms. Plevin that I was
very important to both sides in the Corydon litigation and that I was again
intensely involved with the organization and could not avoid involvement.
stated that his client would seek a protective order to prevent the deposition
from going forward but that it probably would anyway. He asked if I would
have an attorney at the deposition, and I said that Michael Flynn (who had
represented me in Armstrong) did not wish to be involved, that so far I did
not have another attorney for the deposition, and that it was likely I would
not. Mr. Heller then offered to have his client pay for an attorney for me to
be present at the deposition. I asked if it could be an attorney of my choice,
and he said that he didn't see any problem but would need to ensure that
the attorney would do what his client wanted. He said that to maintain the
settlement agreement I could only answer questions by court order, that I
should refuse to answer the deposition questions and force Mr. Corydon to
get an order from the court compelling me to answer. I said I would have to
think about the problem and get some advice. Mr. Heller gave me his phone
numbers and asked me to call him back within two days.
Michael Flynn who had negotiated the settlement of my lawsuit and similar
settlements on the same date for several other individuals. I informed him
of Mr. Heller's offer and he said that Mr. Heller had called him earlier and
offered to pay him to attend my deposition to prevent my testifying. Mr.
Flynn said that he had refused the offer and reiterated that he did not wish
to be involved in any way in Scientology-related litigation. I confirmed with
him that nothing in the settlement agreement proscribed my obtaining
assistance or advice from anyone currently involved in litigation against the
pay for an attorney for me at the deposition, and asked her if she and Mr.
Corydon could match the offer. She said that she is a sole practitioner, that
she and Mr. Corydon are keeping the lawsuit going on a shoestring, and that
they could not pay for my attorney. She said, moreover, that even if she and
Mr. Corydon could afford it they would not pay for an attorney for me
because it would be unethical.
inappropriate for the organization to pay for an attorney for me. He said he
had a problem with me responding to deposition questions concerning such
things as L. Ron Hubbard's misrepresentations or my period as Mr.
Hubbard's archivist in the organization. He said he wanted to have an
attorney present to instruct me not to answer such questions so that Mr.
Corydon would have to move to compel an answer. He said that if the court
ordered sanctions for my refusal to answer his client would indemnify me.
He said I had a contractual obligation to the organization, which it had paid a
lot of money for, not to divulge confidential information, and that if I
answered I would have breached the settlement agreement and may get
sued. He said he recognized that I was in the middle and that my safest
position was to refuse to answer, make Mr. Corydon bring a motion to
compel and let the court be the final arbiter.
following the settlement, and my present level of importance to and
involvement with the organization have impelled me to write this
declaration. It is my opinion that some of the settlement conditions are
unenforceable, that the organization is attempting to enforce them in a
manner which is inconsistent with the spirit of settlement, and that these
conditions and their attempted enforcement constitute an on-going
obstruction of justice and violation of my and others' First Amendment
rights. The purpose of this declaration is to make known this situation, to
demonstrate certain conditions' unenforceability, and to support an action to
have them so adjudged by the court with jurisdiction to enforce the terms of
the settlement agreement. I am also providing this declaration to parties
and lawyers involved in the correction of legal abuses.
Services, Inc. (ASI), a defendant in Corydon, filed a motion "to Delay or
Prevent the Taking of Certain Third Party Depositions," a copy of which is
attached hereto as Exhibit [D]. At page 4 Mr. Heller states:
"One of the key ingredients to completing these settlements,
insisted upon by all parties involved, was strict confidentiality respecting:
(1) the Scientology parishioner or staff member's experiences within the
Church of Scientology; (2) any knowledge possessed by the Scientology
entities concerning those staff members or parishioners; and (3) the terms
and conditions of the settlements themselves."
capsulized, paragraph 7D, reads:
"Plaintiff agrees never to create or publish or attempt to publish,
and/or assist another to create for publication by means of magazine, article,
book or other similar form, any writing or to broadcast or to assist another to
create, write, film or video tape or audio tape any show, program or movie,
or to grant interviews or discuss with others, concerning their experiences
with the Church of Scientology, or concerning their personal or indirectly
acquired knowledge or information concerning the Church of Scientology, L.
Ron Hubbard or any of the organizations, individuals and entities listed in
Paragraph 1 above. Plaintiff further agrees that he will maintain strict
confidentiality and silence with respect to his experiences with the Church of
Scientology and any knowledge or information he may have concerning the
Church of Scientology, L. Ron Hubbard, or any of the organizations,
individuals and entities listed in Paragraph 1 above. Plaintiff expressly
understands that the non-disclosure provisions of this subparagraph shall
apply inter alia, but not be limited, to the contents or substance of his
complaint on file in the action referred to in Paragraph 1 hereinabove or any
documents as defined in Appendix "A" to this Agreement, including but not
limited to any tapes, films, photographs, recastings, variations or copies of
any such materials which concern or relate to the religion of Scientology, L.
Ron Hubbard, or any of the organizations, individuals, or entities listed in
Paragraph 1 above. The attorneys for Plaintiff, subject to the ethical
limitations restraining them as promulgated by the state or federal
regulatory associations or agencies, agree not to disclose any of the terms
and conditions of the settlement negotiations, amount of the settlement, or
statements made by either party during settlement conferences. Plaintiff
agrees that if the terms of this paragraph are breached by him, that CSI and
the other Releasees would be entitled to $50,000 for each such breach. All
monies received to induce or in payment for a breach of this Agreement, or
any part thereof, shall be held in a constructive trust pending the outcome of
any litigation over said breach. The amount of liquidated damages herein is
an estimate of the damages that each party would suffer in the event this
Agreement is breached. The reasonableness of the amount of such damages
are hereto acknowledged by Plaintiff."
unenforceable for two reasons: a. the organization's actions since the
settlement have rendered them invalid; b. they are so broad and at the same
time so restrictive that, even if the organization had not acted to invalidate
them, they deny me, on their face, several inalienable rights and are
therefore against public policy.
reads in part:
"Plaintiff understands that by the execution of this release no
further claims arising out of his experience with, or actions by, the Releasees,
from the beginning of time to and including the date hereof, which may now
exist or which may exist in the future may ever be asserted by him or on his
behalf, against the Releasees."
"Plaintiff further agrees that he waives and relinquishes any right
or claim arising out of the conduct of any defendant in this case to date,
including any of the organizations, individuals or entities as set forth in
Paragraph 1 above, and the named defendants waive and relinquish any
right or claim arising out of the conduct of Plaintiff to date."
what to me is essential in the settlement agreement, and they show that my
rights arising out of the conduct of the organization following the settlement
are not waived or relinquished.
pages 11, 12, 18 and 29 from which are attached hereto as Exhibit [E], created
and circulated by the organization to discredit Bent Corydon who had written
a book entitled L. Ron Hubbard, Messiah or Madman? which had been
published in August that year. Mr. Corydon had interviewed me several
months before the settlement and had used some of my statements from the
interview, my trial testimony in Armstrong, and from declarations I had
written during the pre-settlement litigation in his book.
Armstrong, among others. Armstrong's description in this book, however, is
completely contrary to his own previous sworn affidavit about the RPF.
also be viewed in light of Armstrong's numerous false claims and lies on
other subject matters. See chapter on Corydon as an "author" for further
information on Gerry Armstrong's incompetence as a researcher."
at page 12:
book, claims that L. Ron Hubbard " ... did not spend several years throughout
Asia," and that Mr. Hubbard's total time in Asia was "a few weeks."
during a three-year period, during which his travels were quite extensive."
Mr. Hubbard's archivist and biographical researcher and my knowledge of
Mr. Hubbard's history, and I consider that I have a right to reply.
the Church of Scientology against Gerald Armstrong (a former staff member
who had stolen valuable documents from Church archives).
perjury in the previous Armstrong case."
agreement by discussing the Armstrong case.
services delivered to Church members at the Flag organization were
channeled into Hubbard's personal accounts.
In fact, his claims are based on nothing more than hearsay, rumor and lies
gathered from a small cabal of thieves, perjurers and disreputable sources."
knowledge that millions of dollars of organization money had been
channeled into his accounts, I wrote a number of declarations containing this
information after leaving the organization, and I know the other individuals
who had this and similar knowledge and who were Mr. Corydon's sources for
his statement. To denominate us "a small cabal of thieves, perjurers and
disreputable sources" I believe is scandalous.
relayed to me a message from Earle C. Cooley, one of the organization's
principal attorneys, concerning the then proceeding trial in London, England
of a lawsuit the organization had brought against a writer, Russell Miller.
Mr. Miller had interviewed me in Boston, Massachusetts in 1986, some
months before the December settlement, for a biography of L. Ron Hubbard.
According to Mr. Flynn, Mr. Cooley stated that it had been disclosed during
the trial that Mr. Miller possessed documents in violation of sealing orders in
Armstrong and he threatened that if I talked to any of the attorneys or
parties involved in the trial the organization would view it as a breach of the
California v. Russell Miller & Penguin Books Limited in the High Court of
Justice, Case No. 6140. The organization had unsuccessfully sought pre-
publication suppression of Mr. Miller's book, which he titled Bare-Faced
Messiah, and it was published and distributed immediately following the
October 1987 trial.
Kenneth David Long dated October 5, 1987, and the exhibits or partial
exhibits thereto that so far I have in my possession. The purpose of
Mr. Long's affidavit, as it relates to me, was to try to convince the English Court
that I had provided documents to Mr. Miller in violation of various California
Courts' sealing orders.
version of my job description and actions as Mr. Hubbard's biography
researcher and archivist, the contracting of Omar V. Garrison to write the
biography, and the procedural history in Armstrong from the filing of the
complaint up to the settlement. At page 9 Mr. Long states that " 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." He then identifies a number of documents Mr.
Miller had quoted from in Bare-Faced Messiah: Mr. Hubbard's Boy Scout
Diary, a letter to Mr. Hubbard from his mother, a letter from Mr. Hubbard to
his first wife, Polly, a letter to the Cape Cod Instrument Company, a journal
Mr. Hubbard kept while in the navy, three diaries from 1927 to 1929, and
Mr. Hubbard's "Tentative Constitution for Rhodesia." Mr. Long also states
that each of these documents "has never been unsealed or made available to
the general public."
further elucidation, states, "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." He then
concludes that "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."
affidavit included the following:
1978. This document, which I have attached to Mr. Long's affidavit, shows
the court's exhibit sticker indicating it was admitted into evidence in
the organization. This document, the first page of which I have attached to
Mr. Long's affidavit, was also admitted into evidence in Armstrong .
for a biography. This document, which is presently unavailable to me, was
admitted into evidence in Armstrong.
18, 1977. This document, the first page of which I have attached to Mr.
Long's affidavit, shows the court's exhibit sticker indicating it was admitted
into evidence in Armstrong.
which is presently unavailable to me was admitted into evidence in
is presently unavailable to me, was admitted into evidence in Armstrong .
Garrison and AOSH DK Publications. This document, which is presently
unavailable to me, was admitted into evidence in Armstrong.
Publications regarding the Hubbard biography project. This document,
which is presently unavailable to me, was admitted into evidence in
directors providing an assistant to Mr. Garrison. This document, which is
presently unavailable to me, was admitted into evidence in Armstrong.
position as Mr. Hubbard's researcher. This document, which is presently
unavailable to me, was admitted into evidence in Armstrong.
August 1, 1986 in the case of Michael J. Flynn v. Church of Scientology
International in the US District Court Central District of California, Case No.
CV8504853R. I have attached these pages as an exhibit to Mr. Long's
Mr. Long dated October 5, 1987 which was filed in the Miller case. In pages 2
through 16 of this affidavit Mr. Long again reviews the Armstrong litigation,
expands his analysis of the case's various sealing orders, and again
designates several documents he claims I gave Mr. Miller in contravention of
written by Mr. Hubbard between 1927 and 1929 and charges that Mr. Miller
or Jonathan Caven-Atack, who had assisted Miller with his research,
possessed them in violation of a sealing order in Armstrong. Mr. Long goes
on to state at page 10: "I am certain that the only possible source for the
diaries attached by Mr. Caven-Atack as Exhibit JC-A4 is Mr. Armstrong
and/or his counsel."
to Mr. Hubbard from his mother, Mr. Hubbard's Boy Scout diary, and a letter
from Mr. Hubbard to his first wife, Polly, and alleges that Mr. Miller or Mr.
Caven-Atack obtained these documents from me in violation of the Court's
Hubbard to Helen O'Brien and goes on to state: "All three of these letters
were surrendered to the Clerk of the Court by Mr. Armstrong and his counsel
in September 1982, and all remained under seal until they were returned to
the Church in December 1986. Mr. Miller's inclusion of the information cited
herein clearly shows additional breaches of confidence and violation of the
orders issued by the California courts."
were sealed, when they were sealed and where they originated are
erroneous, and his conclusion that I had violated the Los Angeles Superior
Court's sealing orders fallacious.
Mr. Long dated October 5, 1987 and filed in the Miller case. At page 4 Mr.
Long repeats his accusation that "the evidence is irrefutable that the great
majority of these biographical documents were obtained by Mr. Caven-Atack
and Mr. Miller in violation of court sealing orders." And he states: "Gerald
Armstrong has been an admitted agent provocateur of the U.S. Federal
Government who planned to plant forged documents in Church files which
would then be "found" by Federal officials in subsequent investigation as
evidence of criminal activity."
affidavit of Sheila MacDonald Chaleff dated October 5, 1987 which was filed
in Miller. I do not at present have pages 2 and 3. Ms. Chaleff, whom I do not
know, states at page 4: "Mr. Armstrong is known to me to be a US
government informant who has admitted on video tape that he intended to
plant forged documents within the Church of Scientology and then using the
contents to get the Church raided where these forged documents would be
found and used against the Church."
Long dated October 7, 1987 and filed in Miller. The copy I have is missing a
page at paragraphs 4 to 7. At paragraph 2 Mr. Long describes his
since the inception of that litigation on August 2, 1982. During the course of
my participation in that litigation, I personally inventoried the materials
surrendered pursuant to court order to the Clerk of the Los Angeles Superior
Court in September 1982 by Gerald Armstrong and his counsel. I also
attended almost every deposition and/or pre-trial proceeding held in that
case, and was present as an assistent to counsel throughout each day of the
trials proceedings in May and June, 1984." At paragraph 7 Mr. Long
concludes: "There is no legal way that Mr. Armstrong, Mr. Miller and/or Mr.
Newman could have possession of these materials."
entitled "A Chronological History of Major Armstrong Case Orders, " and at
paragraph 10 he describes the security operation he and a staff maintained /font>
throughout the life of the Armstrong documents as their fate was decided by
in which a temporary stay order was pending in order to ensure that I
learned the minute a ruling was issued. So before the trial court received
any order vacating a sealing order, the Church obtained another order
sealing them up again. In actuality, it took 3-5 days for the trial court to
receive a vacating order from the Higher Court and before rescript I would
personally hand deliver a new stay order. In addition, I also had my staff
maintain a watch over the area of the court where these documents were
kept during each so called "window" period and no one viewed and/or
copied the materials." Mr. Long concludes that "(t)here can be no doubt that
the documents in issue herein, no matter through whom they were funneled
to Mr. Miller, originated from Mr. Armstrong, in violation of court orders."
he knowingly violated several court orders -- the August 24, 1982 court
order to turn in all materials to the court and the June 20, 1984 court order
sealing the documents. He obviously didn't keep them sealed since Mr.
Newman and Mr. Miller have copies and he didn't turn in all copies of the
letters when ordered, since as a condition of settlement Mr. Armstrong
turned in any materials he had concerning LRH or the Church. I personally
inspected the documents he turned in in January 1987 and among them
were the three Helen O'Brien letters, letters that he was ordered to turn into
Paragraphs 7E and 7L, reads:
Plaintiff agrees to return to the Church of Scientology International at the
time of the consummation of this Agreement, all materials in his possession,
custody or control for within the possession, custody or control of his
attorney, as well as third parties who are in possession of the described
documents), of any nature, including originals and all copies or summaries
of documents defined in Appendix "A" to this Agreement, including but not
limited to any tapes, computer disks, films, photographs, recastings,
variations or copies of any such materials which concern or relate to the
religion of Scientology, L. Ron Hubbard or any of the organizations,
individuals or entities listed in Paragraph 1 above, all evidence of any
nature, including evidence obtained from the named defendants through
discovery, acquired for the purposes of this lawsuit or any lawsuit, or
acquired for any other purpose concerning any Church of Scientology, any
financial or administrative materials concerning any Church of Scientology,
and any materials relating personally to L. Ron Hubbard, his family or his
estate. In addition to the documents and other items to be returned to the
Church of Scientology International listed above and in Appendix " A",
Plaintiff agrees to return the following:
"Excalibur" written by L. Ron Hubbard;
the "Affirmations" written by L. Ron Hubbard; and
Plaintiff and his attorneys pursuant to Judge Cole's orders of August 24,
1982 and September 4, 1982 and all documents and other items taken by
the Plaintiff from either the Church of Scientology or Omar Garrison. This
includes all documents and other items entered into evidence or marked for
identification in Church of Scientology of California v. Gerald Armstrong , Case
No. C 420 153. Plaintiff and his attorney will execute a joint Stipulation or
such other documents as are necessary to obtain these documents from the
Court. In the event any documents or other items are no longer in the
custody or control of the Los Angeles Superior Court, Plaintiff and his counsel
will assist the Church in recovering these documents as quickly as possible,
including but not limited to those tapes and other documents now in the
possession of the United States District Court in the case of United States v.
Zolin, Case No. CV 85-0440-HLH(Tx), presently in the Ninth Circuit Court of
Appeals. In the event any of these documents are currently lodged with the
Court of Appeal, Plaintiff and his attorneys will cooperate in recovering those
documents as soon as the Court of Appeal issues a decision on the pending
Plaintiff shall be entitled to retain any artwork created by him which
concerns or relates to the religion of Scientology, L. Ron Hubbard or any of
the organizations, individuals or entities listed in Paragraph 1 above
provided that such artwork never be disclosed either directly or indirectly,
to anyone. In the event of a disclosure in breach of this Paragraph 7(L),
Plaintiff shall be subject to the liquidated damages and constructive trust
provisions of Paragraph 7(D) for each such breach."
unenforceable because the organization has itself violated the intent of the
settlement agreement by acting improperly with the documents entrusted to
it, by its own violations of sealing orders, and by its failure to deliver to me
Long dated October 8, 1987 and filed in Miller. Mr. Long responds to
explanations in additional affidavits of Mr. Miller and Mr. Caven-Atack
concerning sources and routes for their Hubbard documents. Mr. Long
concludes again that "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." He also quotes in his affidavit from the transcript of a hearing
of April 23, 1984 in Armstrong, declaration of Michael Flynn from "another
church case," and a comment of my lawyer Julia Dragojevic at a deposition of
affidavit of mine dated March 7, 1986, a copy of which I have attached
hereto as Exhibit [L]. This affidavit was filed in Tonja Burden v. Church of
Scientology of California, et al. U.S. District Court, Middle District of Florida,
Tampa Division, Case No. 80-501-Civ-T-17. The organization settled this case
in 1986 and had the case file sealed.
who relayed a message from Michael Lee Hertzberg, one of the organization's
leading lawyers. Paul Morantz, Bent Corydon's attorney in one or another
case, filed a motion to unseal the Armstrong court file. Judge Geernaert, who
had inherited the Armstrong file after Judge Breckenridge retired, allowed
the unsealing. The organization had 30 days to appeal. They wanted me to
file a pleading to keep the court file sealed. They said that otherwise the
"pig document" would come out. (This document, which was specifically
sealed by Judge Breckenridge, was a recitation of a dream I had in 1985.)
They also stated that if I didn't file something it would unsettle the
settlement. They said they have a case on point. They said it would be bad
for me. I could have to give the (settlement) money back. Mr. Flynn
translated the facts to me: "It's a veiled threat." I said my decision at that
time was to do nothing.
called to tell me he had
received the organization's petition for a writ of supersedeas. He said the
case Mr. Hertzberg had been citing regarding unsettling the settlement
involved a doctor who molested a minor patient. As part of the settlement
the file was sealed. Mr. Flynn said he was unsure how the case applies to
what the organization wanted me to do. He said the court didn't get to
the point of dealing with unsettling the settlement. I said I would still do nothing.
Flynn who had himself spoken to lawyers on both sides of Mr. Corydon's
litigation. This is what I considered relevant at the time: Following Judge
Geernaert's unsealing of the Armstrong court file, the organization filed a
petition for a writ of supersedeas claiming the sealing of the file was
consideration for settlement. In his response Paul Morantz filed some
settlement documents, a notary seal from the State of Pennsylvania on which
identified Bill Franks, like me a former organization executive and witness in
various organization-related cases, as their source. Mr. Franks had sent the
documents to a lawyer to look at and the lawyer gave them to another
lawyer who gave them to Mr. Morantz. The organization reacted. They
claimed to have "the smoking gun," the proof of settlement violations. They
charged that there are numerous breaches: they knew last summer that Mr.
Franks had spent time with the Aznarans (who I understood to be
organization executives who had recently defected and had sued the
organization); and they had some instance of Homer Schomer doing
something three weeks before. Mr. Flynn advised me he was going to file a
pleading to say that the settlement documents should remain sealed. I said I
felt the court file should be unsealed and almost certainly would be at some
point, but that I wouldn't do anything at that time. Around November 15,
1989 I received from Ms. Plevin a copy of a document entitled " Response of
Gerald Armstrong to Opposition Filed By Real Party in Interest, Bent
Corydon" which is attached hereto as Exhibit [M].
me edited from illegal videotapes made in 1984 by organization operatives
and used thereafter against me. This copy had been given to the London
Sunday Times, along with a package of documents concerning me which I do
not yet have, in late 1987 or early 1988. Taped to the cassette is the
business card of Eugene M. Ingram, the organization's private detective who
set up the illegal videotaping. A copy of one side of the video cassette
showing Mr. Ingram's card is attached hereto as Exhibit [N].
said he wanted to talk me into giving the organization a declaration. He said
Homer Schomer, who had also been subpoenaed to testify at a deposition in
Corydon had given them a declaration. Mr. Heller said it was very simple
and straightforward, just two things: that I'd had either no or minimal
contact with Mr. Corydon in the organization; and that subsequent to leaving
I had received no information regarding him. Mr. Heller said that my
signing a declaration to help ensure the deposition doesn't go forward would
be of assistance to the organization and me. He said we would both have
hassles if my deposition goes forward. I told Mr. Heller that it would be
inappropriate and I couldn't give him the declaration. I said that I know Mr.
Corydon quite well. Mr. Heller said that the organization and he did not see
me as a relevant witness but a way for Corydon's attorneys to leverage a
settlement. I said I saw myself as a relevant witness. I said,
"From everything I've seen that's going on and everything I've heard that's going
on and knowing my history and the issues I cannot see ducking (the
deposition) at all: The truthful declaration would be that I would see that
my experiences and my knowledge of Bent would be relevant to his case."
Mr. Heller said that if I thought I would be helping Bent Corydon by
appearing, I might, but that for sure he would never help me. He said only
the organization would ever help me. He stated that I should assist the
organization because it had honored its agreement. He said that the
organization had signed a non-disclosure agreement as well and as far as he
knew had lived up to its agreement. When I paused in answering he said
that if there had been any violations he wanted to know and he would
rectify the problem. I said,
has been done regarding Gerald Armstrong subsequent to the settlement.
Just get from him everything that's been filed regarding Armstrong, all his
declarations regarding me, all the so-called false report corrections that have been
put out subsequent to the settlement, any time the so-called
"Armstrong Operation" videotape has been used subsequent to the
Mr. Heller reiterated at the end of our conversation that if I
start to testify, for example about the Hubbard biography project, or things
he and the organization consider irrelevant, they will carefully examine their
rights as to what action they will take. He said he strongly suggested that I
refuse to answer subject to attorney instruction. He said I had a contractual
obligation as far as he could tell.
testifying, Paragraphs 7G and 7H, read:
with any person adverse to Scientology in any proceeding against any of the
Scientology organizations, individuals, or entities listed in Paragraph 1 above.
Plaintiff also agrees that he will not cooperate in any manner with any
organization aligned against Scientology.
other judicial, administrative or legislative proceeding adverse to Scientology
or any of the Scientology Churches, individuals or entities listed in Paragraph
1 above unless compelled to do so by lawful subpoena or other lawful
process. Plaintiff shall not make himself amenable to service of any such
subpoena in an manner which invalidates the intent of this provision. Unless
required to do so by such subpoena, Plaintiff agrees not to discuss this
litigation or his experiences with anyone other than members of his
immediate family. As provided hereinafter in Paragraph 18(d), the contents
of this Agreement may not be disclosed."
because the organization is using them in a coercive and obstructive manner,
because on their face they deny equal justice to anyone who would engage
the organization legally, and because they are suppressive of several basic
rights: speech, assembly, safety, happiness.
the organization's motion to prevent my deposition from going forward
before Judge Norman Epstein in the Los Angeles Superior Court. Judge
Epstein ruled that the deposition would go forward and it is now set for
April 12 and 13, 1990.
tecum, a copy of which is attached hereto as Exhibit [O], ordering me to appear
as a witness in the trial of Religious Technology Center, et al. v. Joseph
Yanney, et al., Los Angeles Superior Court Case No. C690211. The subpoena
also orders the production of the settlement agreement. The Yanney trial
is at this date proceeding before Judge Raymond Cardenas in department 41.
Tabb, the law firm which had represented me in Armstrong, a copy of a new
appeal, No. B025920, which the organization had filed on December 21, 1989
in Division Three of the Second Appellate District in the California Court of
Appeal. In this appeal the organization seeks a reversal of the Breckenridge
decision (Exhibit [A]).
the "Reply Brief of Appellants and Response to Cross-Appeal" filed in
Division Four of the Second Appellate District in the Court of Appeal in a case
entitled Church of Scientology of California and Mary Sue Hubbard,
Appellants, against Gerald Armstrong, Defendant; Bent Corydon, Appellee,
Civ. No. B038975. In this appeal the organization is seeking a reversal of
Judge Geernaert's decision unsealing the Armstrong case file.
attorney Michael Tabb, a partner of Michael Flynn, who said that he had
been called by Larry Heller who told him that the organization considered I
had violated the settlement agreement by being in the courthouse to be
served in Yanney, that they intended to prove it, and that I would be sued.
"Respondent's Petition for Permission to File Response and for an Extension
of Time to File Response," a copy of which is attached hereto as Exhibit [P], and
had it mailed to the Court of Appeal. The document was filed in the
Armstrong appeal, No. B025920, in Division Three on February 28.
"Defendant's Petition for Permission to File Response and for Time to File," a
copy of which is attached hereto as Exhibit [Q], and had it mailed to the Court
of Appeal. This document was filed in the Corydon appeal, No. B038975, in
Division Four on March 1.
agreement, which I had attached as a sealed exhibit to my two petitions, and
which I have attached hereto as Exhibit [R].
of California that the foregoing is true and correct.
See also: Armstrong Affidavit 3-19-1986
See also: Order Denying Request to Seal 01-04-1989