Lisa McPhersonBob Minton posted an appeal in the Lisa McPherson civil case made to prevent the disclosure of private financial details to Scientology. "The subject orders compel the ESTATE to engage in FLAG'S fishing expedition on irrelevant and privileged matters, require non-parties to produce documentary and testimonial personal financial information, and impose sanctions for the non-parties' refusal to divulge privileged and/or irrelevant personal financial information and documents. The orders are clearly beyond the scope of Rule 1.280, Fla.R.Civ.Proc. and are contrary to the essential requirements of the law. "Each and every subpoena issued by FLAG to Minton, Brooks, and the Trust compels them to produce 'any records of financial transactions or dealings' with each of the scores of people listed on the plaintiffs and defendants' witness lists. This itself reveals the true motive of FLAG to abuse discovery for ulterior, irrelevant and self-serving purposes. FLAG is only interested in (1) discovering how much funding Robert Minton and others have given to the Lisa McPherson Trust, its employees, or to critics of Scientology (2) chilling the first amendment rights of Minton, Brooks, the Trust and others to voice their objections to the documented and well-known abuses of Scientology and (3) sending a warning message to others who may be inclined to speak out against against the legally documented abuses of the Church of Scientology. This behavior is commanded by established Scientology doctrine. The founder of Scientology, L. Ron Hubbard, said with respect to litigation against opponents of Scientology that 'The purpose of the suit is to harass and discourage rather than to win. The law can be used very easily to harass, and enough harassment on somebody who is simply on the thin edge anyway, well knowing that he is not authorized, will generally be sufficient to cause his professional decease. If possible, of course, ruin him utterly.' Hubbard also ordained that enemies of Scientology, also known as 'Suppressive Persons' or 'SPs' are 'Fair Game. May be deprived of property or injured by any means by any Scientologist without any discipline of the Scientologist. May be tricked, sued or lied to or destroyed.' Furthermore, the subpoena requests production of any type of communication between the deponent and a 'witness', including the Estate's counsel, personal representative, beneficiaries, and plaintiffs trial team. This information is outside the scope of Rule 1.280 and/or is privileged. The discovery process can be, as the trial court noted, broad. However, a trial court should prevent discovery which constitutes a mere fishing expedition designed to harass witnesses and impede the course of litigation. "The 'Church' of Scientology has a practice of harassing its critics. Scientology leaders have been found liable for malicious prosecution and convicted of theft of government documents. Scientology has a policy and history of seeking retribution against its perceived enemies. Scientology's 'tenets include lying and cheating in order to attack its 'enemies.' Minton formed the Trust as a for-profit corporation to protect its operations and financial affairs from the 'fair game' efforts of Scientology. In response to the Estate's Motion to Strike witnesses, which was supported by uncontroverted affidavits affirming the witnesses' lack of personal knowledge of the facts of the case, FLAG argued that Minton controls the wrongful death action and the wrongful death action is being used to attack Scientology. There is absolutely no evidence that Minton in any way controls the instant litigation or otherwise makes decisions for the plaintiff or plaintiff's counsel. Flag's allegations regarding payment to and pressure on witnesses and its disingenuous discovery requests are entirely without evidentiary support and are intended to gather information for collateral purposes and to evade true issues of the case as framed by the Fifth Amended Complaint, i.e., the death of Lisa McPherson. "The other individuals associated with the Trust (Brooks, Minton, Keller, Ward, and Jacobsen) are listed on Defendant's Witness List only in order to provide cover for Scientology's grab at their private information and records. It is practically absurd and legally groundless that the trial court ordered this production, since these persons have no knowledge of the facts of the case or of any witness statements, and will not be testifying as experts. The financial affairs of The Lisa McPherson Trust, a private corporation, and of Minton and Brooks and the other proposed deponents are of no relevance to the issues raised on the pleadings in the wrongful death action. None is listed as a testifying expert witness, and none has any knowledge of the facts at issue below. The financial affairs of witnesses are relevant only to the issue of the bias of those witnesses called by the opposing party. Therefore, the financial affairs of these individuals are beyond the scope of the applicable rule, and are not discoverable. "This court should require counsel for FLAG to produce record evidence of its need to take the depositions of these third parties. FLAG was told to do this by Judge Moody and FLAG failed. That is why the trial court originally severely limited the scope of discovery as to these witnesses. In reality, FLAG's position is a misrepresentation. For example, in the Subpoena Duces Tecum to Stacy Brooks, FLAG demands that she bring financial information concerning herself, as well as the Lisa McPherson Trust, non-parties to this action. If Brooks was listed as a testifying expert witness, this request for financial information would violates the Elkins decision, which only require an expert to disclose financial information as a percentage of income, without disclosing any records. Since Stacy Brooks is not a testifying expert, any financial information concerning her or her employer, the Trust, is strictly undiscoverable. "The trial court departed from the essential requirements of law by ordering non parties including the Lisa McPherson Trust, Inc., Minton and Brooks, to answer questions and produce documents that inquire into their personal financial matters since none is a fact or expert witness. It is absurd for the Defendants to list the Trust and these individuals as witnesses for the defense and then seek their personal financial information under the guise of discovery of evidence of bias. Even if they were listed as witnesses by the Plaintiff, Elkins prohibits discovery of the sort sought by FLAG in this instance. "The orders granting discovery and imposing sanctions are contrary to the essential requirements of the law. Therefore the subject orders should be quashed." Message-ID: email@example.com
2000 GoalsAn article from Source magazine, issue 100 was posted to a.r.s this week which lists some of the goals of Flag for the year 2000. "1. The new Flag building opened and Super Power released to the public, thus bringing world clearing within reach. "2. With the new building, there will be over 260 posted public auditors, and an additional 90 staff staff auditors. "3. A Hubbard University of Standard Tech, with over 10,000 students in training on any given week, and 500 auditors being made per week. "4. Flag-trained Class VIII Senior C/Ses, KOTs and Qual Secs in every Class V org on the planet, with Flag-trained Senior Sec Checkers, Cramming Officers, Supervisors and Word Clearers in every Class V org courseroom and HGC. "5. 100 Class XII auditors in the chair delivering Ls in every major language of earth, including Russian, Chinese and Japanese. "6. An ability to deliver up to Clear in the top 50 most spoken languages in the world. "7. A Flag Service Consultant in every major city in the world. "8. Over 3,500 Sea Org staff at the Flag Land Base. "9. Every executive of the Flag Land Base OEC/FEBC trained, and operating in a model OEC/FEBC Esto Tech org. "10. All Flag public through their prerequisites and prepared for the release of New OT IX and X. "11. Clearwater known as the first Scientology city in the world. "12. An established, active and fully functioning OT committee in every org in the world. "13. Over 100 Clears and 150 OTs being made each week at Flag. "14. The Dianetics Documercial translated and being shown in every civilized country in the world, in sufficient quantity to capture 5% of the world book market." Message-ID: firstname.lastname@example.org
St. PetersburgMike Krotz reported that the body which washed up on a St. Petersburg beach belonged to a former Scientologist. "I have it on very good authority that this was the son of two area Scientologists. He was kicked out of the house some years ago, as he would not follow the teachings adhered to by his parents. They 'disconnected' from his 'thetan infested meat body,' and refused to have anything to do with him. From the St. Petersburg Times on January 21st: "The body was found about 5:20 p.m. on Redington Shores beach near 18200 Gulf Blvd. and authorities are trying to determine who it was. The body may have been in the water more than a week. It was a white man with no identification." Message-ID: 3A730354.6A9F5E02@verizonmail.com
CCHRA column in the Philadelphia Daily News on January 26th predicted that Scientology would use the theft of Ritalin from a high school nurse's office in their battle against the drug. "David LaSalle, 18, a junior at William Tennent High School in Warminster, is charged with stealing Ritalin and Adderall, drugs used to treat attention-deficit hyperactivity disorder. And while the immediate focus in the aftermath of the theft is on the legitimate controversy over the use of Ritalin as a recreational high, what comes next is completely predictable: The resurrection of the lies and myths about Ritalin and ADHD. "Never mind that the National Institutes of Health found 'evidence supporting the validity of the disorder.' Never mind that the surgeon general determined that the cause of ADHD is unknown 'although neurotransmitter deficits, genetics and perinatal complications have been implicated.' Never mind a study in the Journal of the American Medical Association that found that, for the most part but with some exceptions, stimulants are underprescribed rather than overprescribed. "E. Clark Ross, chief executive of Children and Adults with Attention Deficit Hyperactivity Disorder, says public hearings on whether to ban Ritalin in schools have been held in five states - including Pennsylvania - and most were associated with this organized campaign. 'With each new hearing, the same out-of-state spokespersons denying the existence of childhood mental disorders appear and espouse the same rhetoric,' Ross said in an article to be printed in the group's next newsletter. "The rhetoric espouses the views of the Citizens Commission on Human Rights, a Church of Scientology group that attacks psychiatry in general and claims ADHD and other learning disabilities are 'inventions, contrivances and a fraud,' according to Ross. Perhaps this group - or others equally deluded - will use this latest crime as yet another opportunity to discredit Ritalin and challenge the reality of ADHD." Message-ID: email@example.com
ClearwaterThe St. Petersburg Times reported on January 19th that performers at a jazz festival will be provided rooms at the Fort Harrison hotel during their stay. "When music stars Roberta Flack, David Sanborn and Dr. John come to Clearwater for a Super Bowl weekend concert, they will stay in accommodations rarely seen by the public - the Church of Scientology's signature spiritual retreat, the Fort Harrison Hotel. The church is providing 36 rooms, some for two nights, for the performers and their crews. And it's all free. The concert organizers, the Clearwater Jazz Holiday organization, are paying nothing. " Tory Bezazian reported that a Clearwater area church held a talk on Scientology. "Frank Oliver, Brian Haney and I sat and listened to a minister and friend of Brian's speak to some 500-1000 people in their church as he not only very accurately spoke of Scientology and it's relation to God, including reading OT 3. Brain then spoke and answered some questions, and then we all talked with different people after. I also enjoyed getting to tell many more about the Trust, and what all they do." Message-ID: firstname.lastname@example.org Message-ID: REPOSTemail@example.com
CriminonThe Los Angeles Times reported on January 12th that a judge who has referred people to Scientology's Criminon program is accused of not performing his duties in court. "A Los Angeles judge testified at his disciplinary hearing Wednesday that he missed more than 400 work days in recent years because he has phobia about being a judge. Superior Court Judge Patrick B. Murphy, taking the witness stand in the third day of a hearing that could lead to his removal from the bench, said a combination of illnesses, including chronic fatigue syndrome, yielded a job phobia. He testified that each day he takes an array of powerful pain killers and anxiety drugs for physical and psychological ailments. "Murphy, 45, is accused by the state Commission on Judicial Performance of malingering, willful misconduct and dereliction of duty for excessive absenteeism. He's accused of secretly attending Ross University School of Medicine in the Caribbean last January while being paid his $122,000 salary." Message-ID: firstname.lastname@example.org
FranceThe Atlanta Constitution reported on January 27th that France will meet to approve new anti-cult laws. "French lawmakers next week are expected to approve a new anti-cult law that mainstream church and civil liberties advocates are afraid will diminish religious freedom in France and discourage traditional evangelism. "Opponents are particularly uncomfortable with a government report that lists some 173 groups as dangerous cults. The list includes Mormons, Unificationists, Jehovah's Witnesses and the Church of Scientology. Despite widespread reports, the list does not include the Southern Baptist Convention. Martin Weightman, a human rights monitor for the Church of Scientology, said the legislation is a product of the government's fear of upstart and unfamiliar religious groups. 'There is a hysteria, a psychosis, within the French Senate that holds that these religions have infiltrated society with negative intentions,' he said. "The Scientologists are waging perhaps the most aggressive campaign against the law. Some believe the legislation is a thinly veiled attempt to strike out at the group, which has about 5,000 serious adherents and another 40,000 to 50,000 people who have had some interaction with it." Message-ID: email@example.com
In MemoriumBirgitta Harrington announced the passing of former Scientologist and critic Joe Harrington. "My husband Joseph J. Harrington left his body on the 25th of January 2001 at 10.30 pm local time. He had a smile on his lips and looked very peaceful with a red rose in his hand and red roses and a candle light aside. The taperecorder was playing the 'Going Home' tape to help him in his transition, as he had asked for. I am glad that he finally could get rest from all those terrible pains. Thanks to all who has given us support and warming words and loving thoughts." Message-ID: firstname.lastname@example.org
CC IntThe Celebrity Center in Losa Angeles is planning an event on February 18th. "New OT VIIIs Deliver Golden Age of Tech Consultations, Free Metered Interviews & Seminars. Free Metered Interviews. Free Personal Consultations. Learn how to handle the MEST Universe. Get Questions about your CASE Handled. Get help on your next step up The Bridge. "Cause over Finances: Kevin Burke, CEO Wiseman & Burke and Solo NOTs Auditor. How to Handle the MEST Universe with Gavin Potter First 30 Clears to confirm will receive a FREE Manor Hotel brunch!" Message-ID: email@example.com
NarcononNarconon has been accused of stealing the design of their websites from another web site, urban75.com. From computerchannel.de on January 24th: "Narconon is said to have copied the complete design of a popular British web site. The operators of Urban75.com, which are involved in Rave, Parties, Sports and Drug Information, have indicated in a letter to Internet provider Earthlink that Narconon copied the design of a previous version of the page, including lay-out, colors, symbols, even down to the word selection. "The Narconon web site advertises a program for drug rehabilitation which is based on the 'teachings' of sect founder L. Ron Hubbard. Web surfers are encouraged there to provide Narconon with the details of people they know at risk to drugs. In past years, independent drug experts have repeatedly warned the public about the program." Message-ID: Pine.LNX.3.96.1010126181030.116Afirstname.lastname@example.org
Protest SummaryBruce Pettycrew reported a protest in Mesa, Arizona this week. "Kathy and I picketed the Mesa org at the end of their 11:00 Sunday service today. We arrived at about 11:45 and picketed until about 12:20. There were 11 cars in the parking lot when we arrived and 3 left with a total of 5 people while we were there, so the number of people at the service was probably 20-30 at the very most. They had a sandwich board sign out near the curb that said '11:00 Service. All Welcome.'" Anonymous protesters distributed information about Scientology at a ski race event in Austria this week. "Hahnenkamm: mountain near Kitzbuehel in Tyrol, Austria, site of annual international ski races. Kitzbuehel is like Wimbledon, business people and celebrities as far as the eye can see. The most glamorous personalities in High Society were present. We set up one of our publicity stands for information about the Scientology sect at the 2,000 meter mark of the Alpine idyll. The flow of people by our information stand was huge, all our staff were completely involved in answering the many questions about the not-so-nice machinations of the Scientology organization. "We stayed in the Schwarzen Adler. Right in front of it we put up our number 2 information stand. Just like the information stand at Hahnenkamm it was working at full capacity. We had our third information stand in the large auditorium of the Casino Austria in the Golden Greif Hotel, where the social life of Kitzbuehel takes place in the evening. There was no stopping the rush of people to our information stand. Many contacts were made and our work was really a colossal success." "Prior to their going to Kitzbuehel for the 2001 61st Hahnenkamm races, the staff of ARS-CC Vienna went to the traditional Philharmonic ball at the large music hall in Vienna on January 18, 2001. There was an information stand in the foyer and several staff members from ARS-CC Vienna mingled with the high-class guests from the worlds of art, culture, business and politics in letting people know about the machinations of the Scientology sect. It was even attended by Mr. Federal Chancellor, along with everyone in Viennese Society. Since attendance at this social happening every year is by invitation from the orchestra of the Viennese Philharmonic only, it was a great honor for us to accept this again this year." "Rob" reported protesting against Scientology recruiters in Belfast, Northern Ireland this week. "I noticed someone with a Dublin accent talking to some girls about a book in his hand called - Dianetics. So I wrote on a piece of paper 'He's from a cult called Scientology and he wants you money, If I were you I'd walk away' and held it behind him, he didn't notice me for about 10 minutes and every person he stopped who seen me walked on. After 10 minutes the other man saw me and came over and told me to f**k off, I then went on to tell them what was wrong with Scientology and they were fooling no-one but themselves. I pointed out their pale white skin and old clothing, I said there are better ways of earning a living. "I sat and butted in to their conversations with people for about the next hour and really annoyed them. They threatened to call the police, I said do you honestly think the RUC would take you serious, trust me the RUC would laugh at a complaint like that. After that they went and sat on a bench to see if I would leave, after 15 minutes I did." Dave Bird reported protesting at the Birmingham org this week. "Six of us turned out: me, John, Jens, plus Roland and Hartley on a later train, and one local woman. A few reconnoiters show that the normal complement is two body-routers out, but they put on an 'all-clams' alert when we come and turn 6 to 8 people out of the office. John and I alternated on the boom-box and about 400 leaflets were issued. At one point people were grabbing them from my hand faster than I could hand them out. Total time just after 13:05 to about 15:25." Message-ID: 3TJa6.email@example.com Message-ID: REPOST-Pine.LNX.3.96.1010121161733.114Afirstname.lastname@example.org Message-ID: Pine.LNX.3.96.1010123171936.114Aemail@example.com Message-ID: firstname.lastname@example.org Message-ID: kXQrgBBRVwc6EwVh@xemu.demon.co.uk
TorontoThe Toronto Sun published an article on January 26th on a visit to the org and discussions with Scientologists there. "There seemed to be a lot of activity around the front door of the Church of Scientology at the corner of Yonge and St. Mary Streets. I found was a guy named Bill Osvath. 'I got involved 26 years ago,' he says. 'It has helped me out a lot personally.' Today, he has a wife and four children, lives in the suburbs and loves watching movies. 'I still go to the United Church at Christmas,' he laughs. "He also laughs when people think of Scientology as a cult. He says if you look in the dictionary under cult it merely describes a group of people with a leader. 'You could say The Toronto Sun is a cult,' he teases. The church has been at that corner for 20 years and inside that large building in which they own a number of offices, meeting rooms and at the back is a chapel. "Bill also talked about the time he met John Travolta, who was quietly in town with his Scientologist wife, actor Kelly Preston. 'They called and asked if John could come down and take a course,' Bill recalls. 'We said, sure we'd love to have him. He was very nice.'" Message-ID: email@example.com
Zenon Panoussis firstname.lastname@example.orgHearings in the appeal by Zenon Panoussis, who is being charged by Scientology with copyright violations, continued this week. Karin Spaink posted summaries and transcripts to a.r.s. "Magnusson starts by protesting my presence during last Friday's closed door sessions. I wrote about these closed-door sessions, he informs the court, and published my notes to alt.religion.scientology. Thus, I broke the confidentiality that RTC tried to maintain with such difficulty. Zenon replies that secrecy is only limited to actual parts of the scriptures discovered within these closed-door sessions, not to anything else, and I did not reveal any of that. "The court are not sure whether my use of the term 'body thetan' in the previous report is justified. Zenon argues that far before he ever got into a dispute with Scientology in 1996, that word was already being used by other people in public discussions about Scientology. We are called in to hear their decision. Although I walked a tight line, the court states, they found me neither incapable nor unsuitable to be Zenon's bitrade. There was no contempt of court. I can stay. Mikael Nystrom's is the internet and computer expert who in primary court stated under oath that a series of NOTs postings to a.r.s. - dated May 2, 1996, postings that Zenon disputes he ever made - could not, or could almost not have been falsified. Meanwhile, it has been proven that such a message can be falsified: a few weeks ago a message was posted to a.r.s. having the exact same headers and that message was purportedly written by Mikael Nystrom. "Today's session went well: we have caught Alexandersson with errors, and Nystrom by now has admitted that it is not at all as difficult to fake a posting as he previously stated. Zenon has new evidence and presents it to the court; it is a result of my transcript of McShane's testimony as posted to the internet. Zenon got an e-mail from somebody who claims that the NOTs are also studied privately and that more people have read the NOTs than McShane claimed in his deposition. The actual evidence is on its way and will be presented to court as soon as DHL allows it: an issue of Source Magazine and a copy of International Scientology News. "Discussion about damages and legal costs. Magnusson again enumerates the instances in which Zenon infringed upon RTC's rights and states the grounds for and the amount of damages that RTC claims: Payment for usage: 10,000 SEK the standard tariff being, according to the tariff of the Swedish Writer's Guild, 160,000 SEK. Tort for material damage: 10,000 SEK which includes their economical damage, money spent on guarding the material, loss of customers, market shares and license proceeds. Immaterial damages: 5,000 SEK loss of good name, hurt feelings etc. Apart from that, RTC demands the destruction of any secret and confidential material that Zenon has in his possession, has published or has distributed. "A few ex-members who had been rather high in Scientology confirmed that Class IX Auditors were presented with a Freeloader's bill, so that yes, payment was expected for the NOTs Pack. Others told us that not only Class IX Auditors got to see the actual NOTs Pack: huge parts of the NOTs Pack are part of OT6 and OT7. "We have caught McShane with something very close to perjury. This amounts to more than telling 'acceptable truths': he has been weaseling and withholding information that he was pressed for. If Magnusson stops us from bringing this testimony in on Friday, we will prove it afterwards anyway and if we do that, the whole case could have to be started all over again - while by then Magnusson's prime witness, and actually the party that he is representing, will have been revealed to be dishonest, to say the least. "Magnusson's grudgingly admits that yes, indeed, there are invoices involved for the Class IX Auditors, but those are only a symbolical formality, not a real bill. Only those who wish to leave the Sea Org but not Scientology are expected to pay them. And besides, of all Sea Org staff, only one percent ever leaves. And the court must understand that RTC admitting this is merely a generous gesture towards Zenon, not an admittance of error of any sorts. As for NOTs being part of the OT6 and OT7 course, that is definitely not true. "Zenon submits to the court that McShane has not been telling the truth and that he can prove as much. Didn't Magnusson bring in four witnesses that have to quite some degree disqualified themselves? Didn't we have Small hiding the fact that he was actively employed by RTC when he rushed to their defence? Didn't we have Mikael Nystrom who had said that Usenet postings could not be falsified, and who now admitted that they could. Didn't we have the notary public vowing that she had made a random selection of the Monkey NOTs, while now it transpired that she selected only those Monkey NOTs that she 'recognised' as infringing? And on top of that, now we have Magnusson's main witness, actually his client, evading the truth and perhaps downward lying to us. "The chair announces that final pleas will be held. Magnussson goes first. He focuses very much on first publication, quotes a lot of foreign rulings, and seems to come up with more rhetoric than legal arguments. He also claims that the Court in my case made a severe error, because they believed that 25,000 copies of OT3 were made while that number only pertained to the amount of people who had studied them. This is a blatant lie: the court in my case never said anything to this account. "Zenon explains to the court Scientology's principle of 'acceptable truths' and illustrates it with the testimonies that we have heard. Vorm, Small, Alexandersson, and McShane himself - all of them have been proven to have been withholding parts of the truth, or sometimes reverted to claiming that 'they didn't know' when an answer would be too damaging. The court must also take into account that Vorm, Small and McShane have big economic, social and religious stakes in what they say. They are not objective witnesses, they have their position and their religion to defend. "Discussing the identity of the texts, Zenon stresses that modifications abound, different versions have been used through time, and that texts are often revised. We simply have no means of knowing what exactly is registered with the US Copyright Office; it is masked, after all. "Zenon harps upon McShane's definition of 'infringement': paraphrasing is infringement; the use of certain words is a infringement, quoting is an infringement, actually, any use of any part of any text outside the church is an infringement. When Zenon quoted mere captions of a part of OT2 in the Fishman Affidavit, without ever including the actual sections underneath each caption, that was labeled as an infringement too. "Zenon lists the reasons why the OTs and NOTs should be considered to have been legally published. The amount of people who accessed the NOTs (5,000 to 7,000) and the OTs (25,000); the translation of the OTs into four languages; the commercial offering of the OTs and NOTs to all eight million Scientologists via the Scientology magazine 'Source'; the accessibility of OTs and NOTs for all Scientologists; and the paying for these courses - each and every one of these elements is in itself sufficient to constitute publication. "Religious freedom: other Scientologists, not part of the official church, are not allowed to practice their religion. McShane has even testified here that one of the reasons for RTC registering the advanced material was so that they could sue people who used the material outside the church. These people, the free Scientologists, have a constitutional right to be able to practice their religion without having to pay any particular organisation. "Ruling due in 6 weeks: March 9, 11:00 CET." Message-ID: email@example.com Message-ID: firstname.lastname@example.org Message-ID: email@example.com Message-ID: firstname.lastname@example.org Message-ID: email@example.com
A.r.s. Week in Review is put together by Rod Keller ©
This collection is organised for WWW by Andreas Heldal-Lund.
Only edits done by me is replacing word encapsuled in * or _ with bold and underscore, and made links into HTML.