Gerry Armstrong--Declaration of Andre Tabayoyon 06-03-1994

DECLARATION OF ANDRE TABAYOYON

I, Andre Tabayoyon, declare as follows:

1. I am over the age of 18 years.

2. I was retained as an expert consultant and expert

witness by Dr. Geertz's counsel in the case captioned Church of

Scientology International v. Steven Fishman and Uwe Geertz, No. CV

91-6426-HLH (Tx) which at one time was pending in the United

States District Court, Central district of California. The

statements herein are of my own personal knowledge or reasonably

based on information and belief, and if called upon as a witness,

I can testify competently thereto.

3. During May, 1994 I received a phone call and was talked

to by a male who offered me a $25,000 cashier's check if I would

write up the differences between the article and my declaration

and give them to him and he would give me a place, a date and who

to contact if I had agreed to do that on the phone with him. I

did not agree to do that.

4. The next relevant phone call I received was from a girl

by the name of Shirley and her phone number I gave to Graham E.

Berry, Esq. I don't have it with me, and I took the message on

that phone call and I did not return the phone call. Apparently

when the number was dialed it was for a girl by the name of

Shirley Young in the OSA Office of the Church of Scientology in

Los Angeles.

5. I also had a meeting with a person by the name of Rick

Aznaran who I have known since I was in the Sea Organization in

1981. We were on the RPF together. He called me several times

prior to me speaking to him and on the night of either the 15th or

the 16th of May, I talked to him and he told me he was going to go

to Los Angeles on some business with a client. I said that was

fine and I agreed that I would meet with him if he would call me

and let me know he was coming. On the 24th of May, I got a call

at my work that Mr. Aznaran had shown up at my house. Because

Richard Aznaran showed up at my house I was forced into meeting

with him which I was trying not to do at first. I had to finish

my shift. I got off work around 7. Then I went to a place called

the Lexington Executive Suites on Country Club Blvd. in Mesa,

Arizona. We met in Room 118 and Mr. Aznaran and I talked for a

few minutes in the room. Then we went to dinner at a place called

the Black Angus on the corner of Alma School and Southern in Mesa,

Arizona. He got right to the point. He wanted to know what I was

going to do with my life and whether I actually believed Graham

Berry and Associates would actually pay me any money for the

declarations that I had given them. He said that my declaration

was faulty and it had a lot of things that were not true because

he knew they were not true. I asked him to be more specific. He

said that had not built the ship. In fact, I did build the ship

because we had to rebuild the whole thing.

6. However, Mr. Aznaran told me that the Scientologists

have a plan to disbar Graham Berry by having me and the others

withdraw our declarations, or somehow void our declarations,

thereby exposing Mr. Berry to whatever charges might be invented

by them. Mr. Aznaran then said that he was a possibility that he

would settle his case with Scientology very soon. He said he was

negotiating with them even though they were going to give him a

lot less than what he wanted. He said that was definitely going

to settle his case with them. He said that the 8-day examination

that my wife and I did with Vaughn and Stacy was a totally bogus

cycle of action. He said you have to have a lawyer take the

examination under oath. He said that Kendrick Moxon was doing a

perjury investigation or leading a perjury investigation with

regard to the declarations that were submitted by Graham Berry.

7. Later on I told him that we were going to be paid, I was

going to paid $17,000 for my time in preparing the declaration and

Rick said that I was dreaming if I thought that the insurance

company was going to pay me that much money for a declaration that

had so many errors in it. He also offered me a job working for

him, or working in the Dallas area, to go see a friend named Chris

Burn who has a farm out there and we talked about that for a

little bit and about lots of possibility of work that I could do

and he said that he would help me out, that he and I would do a

construction business. He also said that he could get me a letter

from Scientology stating that I was actually a good construction

worker. Rick said he could get me in touch with some one

inside who would back this up.

8. Mr. Aznaran also said that Graham Berry was a liar, a

cheat, a fraud and said things that he was going to do, and that

he wouldn't do. While working with Graham Berry I had found him

to be a very honorable person, who kept his word and does not lie

or led people to believe things that are not true. All the things

that Mr. Berry ever told me on which I have followed up proved to

be true. As soon as Mr. Aznaran began talking about Mr. Berry in

this derogatory manner, I realized that he must be working for the

Scientology Organization because the first time I heard those

defamatory statements about Mr. Berry, it was from Scientology.

Richard Aznaran who while I was doing my declaration had good

things to say about Mr. Berry, now had bad things to say about Mr.

Berry. Mr. Aznaran changed his attitude about Mr. Berry suddenly.

He said that Mr. Berry was like all the other lawyers, including

the Scientology lawyers. He said that they were only interested

in making money. I found it very alarming during this

confrontational visit to see who Rick really was. He had done a

complete about face in less than a month. Mr. Aznaran had nothing

but good things to say about Mr. Berry and then suddenly he was

making these accusations and defamatory statements about

Mr. Berry. The only thing I could surmise as to why Mr. Aznaran had

this unbelievable change of heart was that he was talked to by

Bowles & Moxon or Michael Rinder or Mike Sutter or all the above.

In the past these people were very close friends with whom Rick

Aznaran and Vicky Aznaran has worked as investigators even while

in Scientology. He was the head of the security for several years

while he was inside Scientology and he was part of the inside

circle of the main body of Scientology people.

9. The next day there I had another visit with Rick at his

apartment and we went to breakfast at the Village Inn, close to

where he was staying at Room 118 at the Lexington Suite

Apartments. After the breakfast we went back to his room, he

handed me a copy of my declaration that I had written. He handed

me a pen and wanted me to start marking the parts that were false

in that declaration. I refused to do that stating that I did not

want to do this because I had seen my declaration which had

typographical errors here and there. However, it hadn't been sent

to me. So I wanted to take some time and read it and then I would

go over and see if there was anything wrong with it. Since that

time I had gone through my declaration again today, June 3, 1994

and with the exceptions of a few typos, I stand on what I said in

that declaration, totally and completely and am willing to be put

before a court and testify to them as competently as possible. It

is my opinion, based on my 20 years in Scientology, and knowing

that type of covert operations that are being run currently, that

there is a conspiracy to fabricate evidence in an attempt to

discredit or disbar Mr. Berry from the law practice here in

California and in other places where he has practiced law. Also,

it is my opinion that there is a conspiracy to get Graham Berry

separated from his current partners and associates and there is

also information which I received that Richard Aznaran has a

person who knows Graham who is feeding Richard information about

Graham on covert basis and this information I got from the person

who took the phone call could substantiate with a declaration as

well. So that ended the Saturday or next day, meeting. Rick had

to go back to Texas and I had to go to work. At that point

everything was fine. We had agreed to send letters to Graham

pulling our declarations so I went to work and Richard went to

Texas.

10. I hadn't heard from him in a couple of days after that.

I called up Larry Wollersheim after that to check something with

him regarding the payment from AIG and Larry had talked to AIG and

they had confirmed that they were sending a partial payment to

Lewis D'Amato and the checks were being made. Hearing that

information immediately made me feel that there was something

wrong with the things that Rick said. So I decided to call Mr.

Berry to tell him what was going on. I called him and told him

the events of the two meetings, the first in the evening, when we

went to dinner at Black Angus and the second which was a breakfast

at Village Inn where he was staying at the Lexington Executive

Suites in Mesa on Country Club Blvd. Whilst there Mr. Aznaran

received a fax from his wife Vicki, a copy of which I sent to

Graham, outlining the type of letter that I was to write. He

showed it to me and then I had to leave and he said sure, so

that's how I got a copy of it. Then Rick gave me a copy of my

declaration. As I was going through it, I noticed several pages

missing, I do not remember the numbers but I thought there were

about ten pages blanked out. I realized there was something

wrong. After this I made a point of having my wife accept all

calls from Rick and I did not accept any calls from him myself

personally. I had agreed to go visit him in his Dallas home and I

canceled that and that's what occurred.

11. Rick stated to me at the beginning of our first meeting

that he would not talk to recent or any people who had left the

Church. He stated that they refused phone calls from any of the

people who have blown and that he was just going to talk to me

because we are friends and we had a similar earlier experience

basically.

12. Although we never spent any time together, we were in

the Marine Corps at the same time. He made a big point of telling

me how he did not care about the ex-Cult members. He also made a

big point in telling me that they were all losers, that they were

going nowhere fast and that they were just insignificant people.

That was his statement in response to me asking him how others

were doing, meaning the others who had left, that I had known that

I thought he was in communication with. He responded by saying

that he did not care what they were doing, he had no communication

with them, he refused to talk to them and they were all a bunch of

losers.

I declare under penalty of perjury under the laws of the

United States of America and the State of California that the

foregoing is true and correct.

Executed in Los Angeles, California this 3 day of June,

1994.

[signed]

ANDRE TABAYOYON

Image of signature page.