[CT 7932]

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

IN CAMERA

MOTION FOR ORDER TO SHOW CAUSE WHY
PLAINTIFF SHOULD NOT BE HELD IN CRIMINAL CONTEMPT

The Church of Scientology of California ("Church"),

Defendant above and Movant herein, moves the Court for an Order

requiring Plaintiff, Margery Wakefield, to Show Cause why she

should not be held in criminal contempt for the violation of the

terms of the preliminary and permanent injunction entered by this

Court on May 16, 1989. The basis for this motion, as more

particularly set forth herein and the attached exhibits and in

the accompanying Memorandum of Law, is that Wakefield recently

appeared on a television program which was broadcast on November

18, 1992, during which Wakefield made statements which she knew

to violate this Court's permanent injunction. In support of this

motion the Church alleges:

1. Margery Wakefield and the Church entered into a

Settlement Agreement in the above-styled case which was approved

by this Court and tiled under seal, with the Court on August 14,

1986.

[CT 7933]

2. Paragraph 5 of the Settlement Agreement provided

that the parties promised and agreed for valuable consideration

to comply with every term, condition and undertaking contained in

the transcript of the in camera proceedings of July 11, 1986, a

copy of which was attached to the Settlement Agreement

as Exhibit 3. The parties further agreed that the Settlement Agreement

would be enforceable by this Court.

3. The Church has fully complied with all the terms

and conditions of the Settlement Agreement.

4. On July 2, 1987 the Church filed a Motion to

Enforce Settlement Agreement and to Enjoin Plaintiff from

violating the terms of the Settlement Agreement.

5. On May 16, 1989, the Court entered a Preliminary

and Permanent injunction against Margery Wakefield which provided

in relevant part as follows:

That Margery Wakefield is restrained and
enjoined from disclosing to other persons,
not members of her immediate family, matters
relating to: a) the substance of her
complaint against the Church; b) the
substance of her claim against the Church; c)
alleged wrongs committed by the church; d)
the contents of the documents which were
returned to the Church pursuant to the
settlement agreement or similar fact
evidence.

6. On July 18, 1989 the church filed motions to hold

Wakefield in civil and/or criminal contempt for repeated

violations of this court's May 16 injunction, as a result of

published interviews Wakefield granted to various newspapers and

radio and television stations. This Court referred the matter to

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[CT 7934]

Magistrate Paul Game, Jr. for a hearing which was held in October

and November, 1989.

7. In a Report and Recommendation dated June 25,

1990, Magistrate Game concluded that Wakefield had engaged in a

total of forty-four separate willful violations of this Court's

injunction which would warrant findings of civil contempt.

Additionally, Magistrate Game deferred to this Court's discretion

whether a referral should be made to the United States Attorney's

office for prosecution of Wakefield on criminal, contempt charges.

Magistrate Game's June 25, 1990 Report and Recommendation is

pending before this Court.

8. On November 18, 1992 a television program entitled

"Au Nom De La Loi" (In the Name of the Law") was broadcast in

Belgium by television station RTBF (the "RTBF Program"). The

RTBF Program contained several segments in which Margery

Wakefield, who was identified each time by name, spoke on camera

in English with a French "voice-over" about her experiences in

the Church of Scientology and her views of Scientology. The

televised segments involving Wakefield were apparently filmed in

the Clearwater, Florida area. In the course of the RTBF program

Wakefield made statements which are willful and knowing

violations of this Court's May 16, 1989 injunction. Some of the

aforementioned statements made by Wakefield on the RTBF Program

are identical in substance to statements previously determined by

Magistrate Game in his June 25, 1990 Report to have been willful

contempts of this Court's injunction by Wakefield in 1989. The

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[CT 7935]

details of Wakefield's recent new violations are set out more

fully in the Declaration of Michael Lee Hertzberg, Esq.,

attached hereto as Exhibit A and are evidenced by excerpts from a

certified translation of the RTBF Program attached hereto as

Exhibit B.

WHEREFORE, the Church respectfully moves as follows:

1. The Court appoint the United States Attorney or a

private attorney to prosecute Wakefield's criminal contempt.

2. That the Court issue an Order requiring Plaintiff,

Margery Wakefield, to appear before this Court and show cause why

Wakefield should not be adjudged in criminal contempt of this

Honorable Court and have sanctions imposed upon her as provided

by law including but not limited to a fine of up to $500.00 or

imprisonment not exceeding six (s) months for each act of

contempt.

3. That Wakefield be required to pay costs and

attorneys' fees incurred by the private prosecuting attorney.

Dated: February 12, 1993

[CT 7936]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy hereof has been furnished to

MARGERY WAKEFIELD, P.O. Box 290402, Tampa, Florida 33687

by U.S. mail this 12th day of February, 1993.

[signed]
Paul Johnson
Attorney

[CT 7937]

MICHAEL LEE HERTZBERG hereby declares and states:

1. I am an attorney who has previously appeared before

this Court on behalf of the defendant Church of Scientology of

California ("the Church") in this matter. My co-counsel is Paul

B. Johnson of the firm of Johnson and Johnson in Tampa. I submit

this Declaration in support of the Church's Motion for Order to

Show Cause Why Plaintiff Should Not Be Held In Criminal Contempt.

I have personal knowledge of the facts set forth in this

Declaration and could competently testify thereto if called as a

witness.

2. On or about November 18, 1992 a television program

entitled "Au Nom De La Loi" ("In the Name of the Law") was

broadcast in Belgium by station RTBF (the "RTHF Program"). The

narration and most of the interviews on the RTBF Program are

conducted in French. Some of the interviews are in English with

a voice over narration in French.

3. The RTBF Program includes several segments in which

Margery Wakefield speaks on camera and is identified by name.

[CT 7938]

Counsel representing the Church herein viewed a videotaped copy

of the RTBF Program and concluded that remarks were made by

Wakefield during the Program which violated an injunction entered

by this court against Wakefield dated May 16, 1989.

4. Counsel hired a translator, Annette T. Gordon, to

translate the RTBF Program from French to English and to prepare

a transcript of her translation. Ms. Gordon, who has no

relationship to the Church, has experience providing

transcriptions from French to English for the United States

Customs Service and has also translated from French to English in

proceedings in the United States District Court for the Middle

District of Florida. Attached as Exhibit B herein are eleven

pages containing the portions of the transcript prepared by Ms.

Gordon in which Margery Wakefield either speaks or is referred

to, together with an affidavit from Ms. Gordon certifying the

accuracy of her translation and reciting her professional

qualifications. Should this Court desire, the church will file

the forty-one page translation of the entire RTBF Program as well

as a copy of the videotape of the program. The Church has not

done so at this time to avoid burdening the court with excess

material.

5. Significant portions of the RTBF Program were

filmed in or about Clearwater, Florida, and Clearwater appears to

be the venue for the segments involving Wakefield.

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[CT 7939]

6. Wakefield is introduced on the RTBF Program as a

former Scientologist qualified to describe what the Church of

Scientology is like based upon her personal experience.

7. The narrator of the RTBF Program reports that

Wakefield has disclosed that she was transformed by the Church

into a "zombie" by techniques of "brainwashing":

VOICE: For 12 years MARGERY was a convinced
Scientologist. And, now she's revealed to us
how the sect transformed her into a zombie,
an obedient and docile robot. The method is
simple and frightening at the same time. A
daily drill exacerbated by the techniques of
brainwashing.

8. During the RTBF Program Wakefield claimed that the

Church's training routines are designed as hypnotic processes:

MARGERY:

* * *

T-R-O-, the first drill that we did is part
of the first Scientology course, which is
called "Communication Course." They tell you
that this drill serves in helping you better
your visual contacts, but, really, is
designed to hypnotise. When I was in
Scientology, this drill lasted 2 hours.

9. During the RTBF Program Wakefield stated that at the

time she worked at the Church's Guardian Office she was aware of

the planning of two murders:

MARGERY:

Michael Meisner was one of the two people
that we had planned to murder in 1979. I
think it was. And, the day that I was told
that, we had the meeting in the Guardian
Office, Michael Meisner was handcuffed to a
bed. The Guardian Office had him somewhere

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[CT 7940]

in hiding. The plan was to take him, the
next day, out to sea, out to the bay, tie
weights on him and to.throw him overboard.
In Scientology, it's called Deep Sixing."
That was the plan.

I declare under penalty of perjury that the foregoing

is true and correct and that this declaration was executed an

February 11, 1993 at New York, New York.

[signed]
MICHAEL LEE HERTZBERG

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[CT 7941]

AFFIDAVIT OF TRANSLATOR

STATE OF FLORIDA

COUNTY OF HILLSBOROUGH

I, the undersigned, ANNETTE T. GORDON, being first duly sworn,

do certify that the attached transcript is a true and accurate

translation from French into English of those portions of the

xxxxxxxx ["attached" strikethrough] video tape entitled "In the Name of the Law" in which

MARGERY WAKEFIELD appears.

I received my Bachelor of Arts Degree from the University of

Arkansas in English and in French as an Honors graduate in 1971 and

received my Masters Degree from the University of Arkansas in 1974.

While at the University of Arkansas, I taught French as a teaching assistant.

I am fluent in the English and French languages and have

traveled extensively in France.

I have provided transcriptions from French to English for the

U.S. Customs Service and I have translated from French to English

in proceedings in the United States District Court for the Middle

District of Florida.

[signed]
ANNETTE T. GORDON

The foregoing instrument was acknowledged before me this 22nd
day of January, 1993, by Annette T. Gordon, who has produced a
Florida Drivers' License as identification and who did take an
oath.

[signed] Valerie Aleksandar
Notary Signature

[notary seal]

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