IN THE UNITED STATES DISTRICT COURT
MOTION FOR ORDER TO SHOW CAUSE WHY
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:
Settlement Agreement in the above-styled case which was approved
by this Court and tiled under seal, with the Court on August 14,
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.
and conditions of the Settlement Agreement.
Enforce Settlement Agreement and to Enjoin Plaintiff from
violating the terms of the Settlement Agreement.
and Permanent injunction against Margery Wakefield which provided
in relevant part as follows:
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
Magistrate Paul Game, Jr. for a hearing which was held in October
and November, 1989.
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.
"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
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
private attorney to prosecute Wakefield's criminal contempt.
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
3. That Wakefield be required to pay costs and
attorneys' fees incurred by the private prosecuting attorney.
Dated: February 12, 1993
CERTIFICATE OF SERVICE
MARGERY WAKEFIELD, P.O. Box 290402, Tampa, Florida 33687
by U.S. mail this 12th day of February, 1993.
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
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.
Margery Wakefield speaks on camera and is identified by name.
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.
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
filmed in or about Clearwater, Florida, and Clearwater appears to
be the venue for the segments involving Wakefield.
former Scientologist qualified to describe what the Church of
Scientology is like based upon her personal experience.
Wakefield has disclosed that she was transformed by the Church
into a "zombie" by techniques of "brainwashing":
Church's training routines are designed as hypnotic processes:
* * *
time she worked at the Church's Guardian Office she was aware of
the planning of two murders:
is true and correct and that this declaration was executed an
February 11, 1993 at New York, New York.
AFFIDAVIT OF TRANSLATOR
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
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.
traveled extensively in France.
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.
The foregoing instrument was acknowledged before me this 22nd
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