JOHN G. PETERSON, ESQ.
PETERSON & BRYNAN
8530 Wilshire Boulevard, Suite 407
Beverly Hills, California 90211
(213) 659-9965

DONALD C. RANDOLPH

CHARLOTTE I. ASHMUN
Members of
OVERLAND, BERKE, WESLEY, GITS,
RANDOLPH & LEVANAS
A Professional Corporation
2566 Overland Avenue, Seventh Floor
Los Angeles, California 90064
(213) 559-8150

Attorneys for Plaintiff and Cross-Defendant
Church of Scientology of California

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

CHURCH OF SCIENTOLOGY OF CALIFORNIA, a California Corporation, Plaintiff, v. GERALD ARMSTRONG, et al., Defendants. AND RELATED CROSS-ACTION

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CASE NO. C 420153 DECLARATION OF REVEREND KEN HODEN IN RESPONSE TO JULY 2, 1985 DISCOVERY ORDER

I, REVEREND KEN HODEN, declare as follows:

1. I am the President of the Church of Scientology of Los Angeles. I have been a staff minister with the Church of Scientology for the past 11 years and have received and delivered thousands of hours of pastoral counselling (auditing).

2. In its order of July 2, 1985, the Court refers to “verbatim as well as sum and substance types recitals” from

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the preclear folders. “Verbatim” and “sum and substance type recitals” are not part of the auditing process and do not appear in any of the internal Church scriptures specifying what an auditor writes down in session. The Court specifies material to be turned over including “name of interviewer.” An auditing session is not an “interview” and to refer to it as such is a blatant degradation of this religious practice.

3. Materials and information stored or recorded within the confessional folders (PC folders) are confidential and privileged. Our religious doctrine prohibits any parishioner or person receiving pastoral counselling (auditing) from viewing the contents of their folders. Our religious doctrines also prohibit any external dissemination of preclear folders. Even our attorneys are forbidden to review these folders. The only people who are allowed to view the pastoral counselling folders are authorized Church ministers.

4. I myself have 24 confessional folders (PC Folders), each one containing some 300 pages, and I have never seen the contents of these folders, and I am the President of the Church.

5. The Court refers to GO 121669 for justification in saying that the clergymen-penitent does not apply for the time period during which Armstrong was a member of the Church. The Court refers to GO 121669 for justification for abolishing the clergyman-penitent privilege. Yet nowhere does the program call for a) external dissemination of the preclear folder or b) use of information against anyone.

6. To cause preclear folders or preclear folder

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information to be released from the care and control of authorized Church ministers is to cause the  destruction of its parishioners’ religious freedom and would be a severe violation of Church ecclesiastical policies.

Executed this 29th day of July, 1985, in Los Angeles, California.

I declare under penalty of perjury that the foregoing is true and correct.

[signed]
REVEREND KEN HODEN