Monique Rathbun v Scientology Affidavits Declarations Part 2 Ocr

7/18/2019 Monique Rathbun v Scientology Affidavits Declarations Part 2 Ocr

http://slidepdf.com/reader/full/monique-rathbun-v-scientology-affidavits-declarations-part-2-ocr 1/158

92

1 Organ iza t ion?

2 A. Yes.

3 Q. And then it s a lso for the bene f i t , y o u l l see ,

4 of a number o f othe r r e l a t e d Scien to logy e n t i t i e s , isn t

5 i t ?

6 A. Yes.

7 Q. Those inc lude the Church of Sciento logy

8 In t e rna t i ona l ?

9 A. Yes.

10 Q. I be l ieve t h e y r e t he ones t h a t t he check i s

11 drawn on t h e i r account; i s tha t correc t?

12 A. Yes.

13 Q. The 50,000 check you got?

14 A. Yes.

15 Q. And as you ju s t acknowledged, t h e y r e i nc luded

16 in t he agreement in the terms of t he agreement?

17 A. Yes.

18 Q. As wel l as Rel ig ious Technology Center?

19 A. Yes.

20 Q. And then it cont inues - - we won t read the

21 whole t h ing , but it goes on from the bot tom of the f i r s t

22 page and over on to t he next , d o e s n t i t ?

23 A. Yes, it does .

24 Q. All r i g h t . This morning everyone heard your

25 lawyer -- your a t torney , Mr. Je f f rey , say t ha t you were

GLYN E. POAGE CSR RDR CRR

166TH DISTRICT COURT BEXAR COUNTY TEXAS



93

1 s ub je c t e d to duress and undue i n f lue nc e .

A. Yes.

3 Q. Where d id - - where d id tha t occur?

4 A. It occur red t he re where I was in t he Hacienda

5 Gardens apar tment complex and it a l s o occurred in

6 Cal i fo rn i a i n Hemet Cal i fo rn i a a t t he Sciento logy

7 In t e rna t iona l Base.

8 Q. Those two p laces?

9 A. Yes.

10 Q. Any o thers?

11 A. It a l so .occurred in othe r bui ld ings a t in

12 Fl o r i da - - Clearwate r Flor ida .

13 Q. Would t h a t

14 A. That would be a l l .

15 Q. That would be a l l . When d id the duress and

16 undue in f luence s t a r t ?

17 A. It s ta r t ed I guess it s t a r t ed in 2005.

18 Q. All r i g h t . And when d id it end?

19 A. When I l e f t in 2007 u n t i l r e c e n t l y but --

20 yeah. It - - yeah.

21 Q. The duress and the undue in f luence l e f t - -

22 ended - - when you l e f t Flor ida?

23 A. It ended October 2007 when I l e f t Fl o r i da .

24 Q. Okay. So October 20th 2007 you were no

25 longer under undue i n f luence or duress r i g h t ?





A. Right .

2 Q. Now we've a lready marked the check - - the

3 50,000 check t h a t you, yourse l f , got . And you know,

4 d o n t you, t h a t your husband a l so got a 50,000 check

5 t ha t same day?

6 A. Yes.

7 Q. Okay. And I be l ieve I asked you t h i s , but you

8 agreed wi th me t h a t as shown on the copy of the check

9 t ha t we've marked in evidence, you endorsed and

10 depos i ted your 50,000 check on October 25th?

11 A. Yes.

12 Q. Okay. And s ince then you and your husband

13 proceeded to use t h a t money, correc t?

14

15

16

17

18

19

A.

Q.

A.

Q.

A.

Q.

Yes. Tha t s co r rec t .

To spend i t ?

Yes.

On th ings t h a t you needed or wanted, cor rec t ?

Yes.

You unders tood and knew t h a t t would not only

20 be cont ra ry to Scientology e th i c s , but would a l so be

21 f raudulent to accept t h a t 50,000 unless you in tended to

22 comply with the te rms of the agreement , d i d n t you?

23 A. Can - - can you give me the ques t ion again? I m

24 so r ry .

25 Q. Cer ta in ly . I d be happy to .



94



95

1 You understood and knew t h a t it would not

2 only be c on t r a ry to the Sciento logy e t h i c s t ha t we spoke

3 about e a r l i e r , to be a person who can be r e l i e d on, a

4 person of t h e i r word?

A. Uh-huh.

6 Q. It would be cont ra ry to tha t , but it would a l so

7 be a f f i rma t ive ly f raudu len t if you had accepted 50,000

8 from t he church un less you in tended to l i v e up to your

9 end of t he agreement , cor rec t?

10 MR. JEFFREY: Your Honor, she a l ready

11 t e s t i f i e d t h a t a t the t ime she drew no connec t ion

12 between the 50,000 and t he agreement . He sa id now

13 you - - he then got her to admit now she knows t h e r e s a

14 connec t ion .

15 MR. SPENCER: Excuse me, Your Honor.

16 These speaking objec t ions have no purpose o the r than to

17 t r y to prompt the witness as to what to say .

18 THE COURT: Susta ined .

19 MR. SPENCER: And I ob j ec t . Thank you,

20 Your Honor.

21 Q BY MR. SPENCER What I sa i d was r i g h t , w a s n t

22 i t ?

23 A. I unders tand tha t if I did something l i k e I

24 took t he upper l eve l m a te r i a l s and I , you know - - t h a t

25 these t h a t t h e y r e the sacred pro t ec t ed ma t e r i a l s and

GLYN E. POAGE, CSR, RDR, CRR166TH DISTRICT COURT BEXAR COUNTY, TEXAS



96

1 I , you know put them out to broad publ ic or if I did

2 something t h a t was an ou t r i gh t - - you know an ou t r igh t

3 v io la t ion of our e th i c s codes t h a t t ha t - - t ha t t h a t

4 would be not okay. Does tha t answer your quest ion?

5 Q. Well in othe r words you - - you bel i eve t h a t

6 as long as you l ive up to the s p i r i t of your agreement

7 t h a t you ente red in to , the one t h a t s marked as

8 Exhib i t 3 then it s okay for you to accept t he money

9 r igh t?

10 A. No. I unders tood when I accepted the money

11 f i r s t o f a l l , I never expected never asked for and

12 d i d n t had no c lue I was going to be given t h i s

13 money. I unders tood when I was given the money t h a t it

14 was to he lp me because was in a very ser ious phys ica l

15 condi t ion , t ha t I needed - - was going to need medica l

16 ass i s t ance , and because of var ious demands being put on

17 the ci rcumstances of my l eav ing t h a t we did not plan on

18 t h a t was what I unders tood the money was for , and to

19 bas ica l ly make nice a t the end. That was what I

20 unders tood a t the t ime. And granted , I ll knowledge

21 t h a t I was out of it and - - you know - - but t h a t was my

22 unders tanding .

23 Q. Well you in tended to comply with the agreement

24 when you s igned i t ? You in tended to l i ve up to what

25 you - -

GLYN E. POAGE CSR RDR CRR166TH DISTRICT COURT BEXAR COUNTY TEXAS



97

A. I in tended to - - to s ign whatever I had to s i g n

2 in order to l eave .

3 Q. And you in tended to l i v e up to your end o f t he

4 barga in on -- when you s igned it d i d n t you?

5 A. My barga in was I I

6 Q. We can argue --

7 A. I s igned t he p ieces of paper t h a t t hey

8 wanted me to s ign so t h a t I could go.

9 Q. So you had no i n t e n t to l i v e up to your end o f

10 t he barga in , you j u s t wanted to ge t out o f the re?

A. I r e a l l y -- to be hones t , t he only t h ing t h a t

12 was in my mind was to -- to be ab le to l eave .

13 Q. You took t he 50,000, r i gh t ?

14 A. I d id .

15 Q. And you depos i t ed it in a bank in San Antonio?

16 A. Yes, I d id .

17 Q. And nobody fo rced you to do tha t , d i d t hey?

18 A. No.

19 Q. L e t s f a s t forward to March 2009. You asked

20 t he church to pay an income t a x bill which had been

21 a s se s se d a ga ins t you and your husband in connec t ion wi th

22 t he hundred thousand d o l l a r s t h a t you r e c e i v e d in

23 October 2007. Do you remember t ha t ?

24 A. I I would l i k e to c l a r i f y t ha t . That was --

25 when I go t t he hundred thousand do l l a r s I we pa id the

GLYN E. POAGE CSR RDR CRR166TH DISTRICT COURT BEX R COUNTY TEXAS



98

1 income t ax . We pa id our income t axes , inc luding the

2 f u l l income t ax fo r tha t money. And it came back

3 from - - we got something t h a t came back bas ica l ly tha t

4 we had not covered Socia l Secur i ty . And t ha t was based

5 on my accountant then to ld me tha t it should have

6 been - - if it was, l i k e a severance pay it should have

7 been given to me as pay, tha t it was wrongly

8 ca tegor ized , and t h a t I should ask the church to put it

9 i n to - - you know, put it as a W2 not as a 1099, e t

10 ce te ra , and t h i s went back and fo r th . And I was what

11 I was ask ing the church was to do tha t , was t o co r r ec t

12 it and put it i n to the format t h a t my accountant was

13 recommending. And, ins tead , the - - the church d i d n t

14 want to do t h a t and wanted to pay t h a t Soc ia l Secur i ty

15 b i l l o r debt .

16 Q. Well, l e t me show you your ac tua l e-mai l t ha t

1 7 you wrote .

18 A. Okay.

19 Q. Let me hand you Exhibi t 4 - - P l a i n t i f f s

20 Exhib i t 4. And I ll t e l l you what, so it doesn t ge t so

21 c lu t t e red , I m going to put t h i s back.

22 A. Okay.

23 Q. Back here .

24 Look over tha t , if you would.

25 Witness complying) .




2

3

4

5

6

7

8

9

10

12

13

14

15

16

A.

Q.

o f t h a t

it.

one and

This says what I j u s t sa id .

Okay. So P l a i n t i f f s Exhib i t

(Handing to the Court ) .

THE COURT: Thank you.

MR. JEFFREY: Do I get a copy, George?

MR. SPENCER: I rn not sure I v e got enough

one. You can look a t t h i s one before I o f fe r

MR. JEFFREY: Okay.

THE COURT: Do you want to see t h i s one?

MR. JEFFREY: Your Honor, p l ease keep t h a t

I ll look a t t h i s .

MR. SPENCER: There you go.

(Handing to counsel)

MR. JEFFREY: Thank you.

MR. SPENCER: Your Honor, we o f f e r

1 7 P l a i n t i f f s Exhib i t 4.

18 (Pause)

19 MR. JEFFREY: You re of fe r ing the whole

20 s t r ing?

21 MR. SPENCER: Yes. And we can go through

22 it one by one if you d l ike .

23 MR. JEFFREY: Okay. No, I d o n t mind, but

24 I would j u s t l i k e to see what they are .

25 MR. SPENCER: Cer ta in ly . Of course .

GLYN E. POAGE, CSR, RDR, CRR


99



100

Pause)

2 MR. JEFFREY: I have no objec t ion .

3 THE COURT: Four wi l l be admit ted .

4 Handing to counse l and to the witness)

5 Q. BY MR. SPENCER P l a i n t i f f s Exhib i t 4 i s your

6 e -mai l exchange with Kathy True, cor rec t ?

7 A. Yes.

8 Q. About t h i s income t ax i s sue?

9 A. Yes.

10 Q. And you asked fo r money and t was sent to you,

11 w a sn t i t ?

12 A. Yes. I d i d n t ask for money. I asked fo r a

13 r e so lu t ion of t h i s i s s ue and t was re so lved with money

14 and t was sent to me.

15 Q. I s P l a i n t i f f s Exhib i t 5 a copy o f the check

16 t h a t was used to re so lve t h a t t ax i s sue?

17 A. Yes.

18 MR. SPENCER: We of fe r P l a i n t i f f s Exhib i t

19 5.

20 Handing to counsel)

21

22

23

24

MR. JEFFREY: No objec t ion .

THE COURT: Five wi l l be admit ted .

( P l a i n t i f f s Exhib i t 5 admit ted)

MR. SPENCER: Again, j u s t so you d o n t ge t

25 so much in your hands .




101

Q. BY MR. SPENCER Exhibi t 5 i s a copy of a

2 6,502.40 check payable to you, cor rec t?

3 A. Yes, t i s .

4 Q. Which you deposi ted on what, Apri l 9th, 2009?

5 Does t ha t seem r igh t to you?

6 A. Yeah.

7 Q. Okay. The date of the check, i t s e l f , i s

8 Apri l 7th, 2009, and the codes on the back of the check

9 above your endorsement show t ha t t was deposi ted by you

10 on Apri l 9th, 2009, correc t?

11 A. Yes.

12 Q. Okay. And of course , you weren t under any

13 duress or undue inf luence when you deposi ted t ha t check,

14 were you?

15 A. No. I was not .

16 Q. Now, you and your husband have never re turned

17 any of the money t ha t you rece ived from the church, have

18 you?

19 A. No. We have not .

20 Q. Haven' t re turned the 50,000 you got , cor rec t?

21 A. Correc t .

22 Q. Haven' t re turned the 50,000 your husband got ,

23 cor rec t?

24 A. Tha t s cor rec t .

25 Q. Di dn t r e tu rn t ha t 6,000 some odd do l la r s?




102

A. No.

2 Q. You never of fe red to r e t u r n any o f t h a t money

3 to t he church d id you?

4 A. No. We d id no t .

5 Q. And t he moving expenses t he church helped you

6 with t h a t , d i d n t they - - your move from Flo r ida to San

7 Antonio?

8 A. They pa id fo r t he ho t e l t h a t we s t a y e d in fo r

9 the four weeks. That was a l l t h a t - -

10 Q. D idn t they pay for t he expense o f moving your

11 belongings?

12 A. No.

13 Q. And your husband s motorcycle?

14 A. Oh yes . Maybe. There were m a jor i t y of the

15 t h ings we took we took in t he van with us , which was my

16 b ro th e r s van. But the re were some t h i n g s t h a t were

17 shipped a f t e rwards , so yes I m sor ry . That i s

18 co r rec t . There were t he r e were some b ins and t he re

19 was h i s motorcycle .

20 Q. And t he church pa id for shipping?

21 A. Yes. The church p a i d for t hose , yes .

22 Q. You know your husband s s igna ture?

23 A. Yes I do.

4 Q. Let me hand you P l a i n t i f f s Ex h i b i t 6 which i s

25 t he agreement and genera l r e l ease between your husband





103

1 and the church, and w e l l t u rn to the next to the l a s t

2 page. It s numbered 11. Is t ha t your husband s

3 s igna ture?

4 A. Yes, it i s .

5 MR. SPENCER: All r i gh t . We o f f e r

6 P l a i n t i f f s Exhib i t 6.

7 MR. JEFFREY: I s t ha t - -

8 MR. SPENCER: Yes. Yes, it i s .

9 MR. JEFFREY: No objec t ion , Your Honor.

10 THE COURT: P l a i n t i f f s 6 w i l l be

11 admit ted .

12 (P l a i n t i f f s Exhib i t 6 admit ted and handed

13 to counsel)

14 Q. BY MR. SPENCER Thank you. And you r e c a l l , do

15 you not , t ha t the two agreements are the same, except

16 one has your name and one has his?

17 A. Yes, I do.

18 Q. All r i gh t . Now, from the day t ha t you and your

19 husband s igned those two agreements , October 19th, 2007,

20 through December 30th, 2011 - -

21 A. Uh-huh.

22 Q. - - the church never t r i e d to use those

23 cont rac t s to keep you from t a lk ing to o ther people , did

24 they?

25 A. I n i t i a l l y , for the f i r s t year and a ha l f , yes .




104

1 After t ha t we got - - some th ings were reso lved about

2 t ha t and then we were able to communicate with other

3 Sc ien to log i s t s for the f i r s t littl over - - over a year .

4 We weren t r ea l l y supposed to be - - we weren t supposed

5 to be - - we weren t supposed to be communicating with

6 Sc ien to log i s t s , we were - - so in tha t way - -

7 Q. Well, l e t me - - l e t me see if I can make t h i s

8 c l e a r e r . Your lawyer, in h i s opening s ta tement , sa id

9 t ha t the cont rac t s as wri t t en wouldn t l e t you - - if you

10 saw somebody tha t had a f l a t t i r e on the s ide of the

11 road you a l l cou ldn t s top and help without f i r s t asking

12 them a bunch of ques t ions l i ke , are you people

13 ant i -Sc ien to logy , or something l i ke t ha t . The church

14 has never at tempted to enforce these agreements in such

15 r id i cu lous ways, has i t ?

16

17

18

19

20

21

22

A.

Q.

A.

Q.

A.

Q.

A.

No. Not - - not anything l i ke tha t .

mean, t h a t s ju s t t o t a l l y made up, i s n t i t ?

Well, he - -

Made up by your lawyer. mean, t he church - -

He s giv ing an extreme - - extreme example - -

Exact ly .

- - to make a poin t , but , no, nothing extreme

23 l i ke t ha t ever happened, no.

24 Q. The church wasn t - - church w a s n t th rea ten ing

25 you with, we re going to hold you as having v io la t ed t he




1 agreement if you do something l i ke t ha t . They never

2 sa id anyth ing l i ke tha t , did they?

3 A. No. Not - - not un t i l January.

4 Q. Yeah. Not un t i l you sent your December 31,

5 2000 e-mai l d id the church make any t h r ea t s a t a l l , did

6 i t ?

7

8

A.

Q.

Tha t s co r rec t .

Okay. Ms. Cook, l e t me hand you P l a i n t i f f s

9 Exhib i t 7 and ask you if t h a t s an e-mai l you sen t on

10 Saturday, December 31, 2011 a t 10 p.m.

11 A. Yes.

105

12 MR. SPENCER: Offer P l a i n t i f f s Exhib i t 7.


14 MR. JEFFREY: Your Honor, I have no

15 objec t ion , j us t as I have no objec t ion to most of these

16 exh ib i t s , but I th ink proper protocol i s to show me the

17 exh ib i t and then tender to the witness and of fe r . I

18 would j u s t l i ke to see the exhib i t before it s handed to

19 my c l i e n t .

20 MR. SPENCER: Well, I th ink it s

21 inappropr ia te to ask a bunch of ques t ions , you know,

22 about the contents of it and s tu f f l i ke tha t , but I

23 th ink the cor rec t way i s the way I v e done it, to ge t

24 her to i den t i fy it and then of fe r it.

25 THE COURT: I agree .




106

MR. SPENCER: Thank you.

2 MR. JEFFREY: Jus t as long as I ge t to see

3

4

5

6

7

8

9

10

11

it.

exh i b i t ?

admit ted .

THE COURT:

MR. JEFFREY:

MR. SPENCER:

THE COURT:

MR. JEFFREY:

THE COURT:

Of course .

Thank you, Your Honor.

I s it admit ted?

Any objec t ions to t h i s

No objec t ion .

All r i g h t . Seven w i l l be

12 ( P l a i n t i f f s Exhib i t 7 admit ted and handed

13 to the Court

14 Q. BY MR. SPENCER Now, Exhib i t 7 s t a r t s out - -

15 a f t e r i den t i fy ing you as the person t h a t sends it and

16 the t ime it s being sent , s t a r t s out wi th , Dear

17 Sc ien to log i s t s , correc t? The e-mai l?

18 A. No. Most of it - - most of t he e-mai ls - - the

19 e-mai ls t ha t we sent ac tua l ly had a name.

20 Q. Okay. Well, the - - and, ac tua l ly , I say it

21 s t a r t s out . L e t s j u s t go through Exhib i t 7 l i n e by

22 l i ne . It s t a r t s out , From Debbie Cook, and it has your

23 e-mai l address , r igh t?

24 A. Well, I d i d n t ac tua l ly - - I should have looked

25 a t t h i s a little more c lose ly , but t h i s i s not my e -mai l




107

1 address . I mean, t h i s i s t he e -mai l . I m qu i t e c e r t a in

2 t h a t what t h i s e-mai l i s i s it s someone t ake - - took my

3 e-mai l and sent it out to t h e i r list, us ing ano ther

4 e-mai l address .

Q. Exact as you had sugges ted t hey do, r i g h t ,

6 in t he r e ?

Well, I d i d n t sugges t e xa c t ly t ha t , but I d id

8 sugges t t h a t people pass it a long t o o the r

7 A.

9 Sc ien to log i s t s .

10 Q. Okay. You re s a t i s f i ed t h a t t he t e x t o f t h i s

11 i s what you - -

12

13

14

15

A.

Q.

A.

Q.

Yes.

-- what you wrote on December 31st?

Yes.

Okay. Where it says on Exhib i t 7, Dear

16 Sc i en t o l og i s t s , in t he ones t h a t you o r i g i n a l l y sen t ,

17 d id it have p e o p l e s s p e c i f i c names?

18 A. Yes, it did .

19 Q. And - - and do you know t he name o f each person

20 t h a t you sent it to by spec i f i c name?

21 A. Like do I know them now in my head?

22 Q. I wouldn t expec t - -

23 A. No.

24 Q. How many d id you - - how many peop le d id you

25 send it t o?


166TH DISTRICT COURT BEX R COUNTY TEX S



1 A. I sent it to my f r i ends t h a t I had accumula ted

2 on Facebook which was a couple thousand people .

3 Q. 2 000? 8 000? How many i s a couple of

4 thousand?

5 A. It was a little over 3,000.

6 Q. And would you be able to - - c e r t a in ly not from

7 memory I wouldn t th ink , but - - but would you be able

8 to dete rmine the i den t i t i e s of t he approximately 3 000

9 people t ha t you o r i g i n a l l y sent t h i s e -mai l to?

10 A. I mean if I had my records I could I could

11 but

12 Q. Yeah. Yeah. I m ce r t a in ly not ask ing you to

13 do it - -

14 A. Yeah.

108

15 Q. here in t he cour troom but you would be able

16 to do it if you had access to th ings t h a t you have?

17 A. Yes.

18 Q. Okay. We would know e xa c t ly who you sent it to

19 and what t h e i r names were?

20 A. Yes.

21 Q. Okay. And you - - i s t he subjec t l i n e , Message

22 from Debbie Cook former Captain FSO i s t ha t something

23 t h a t s been added by someone e l se or was t ha t something

24 you had?

25 A. That was something t h a t was added.




109

Q. That i s cor rec t , though, t ha t you, Debbie Cook

2 are a former Captain FSO?

3 A. That i s cor rec t .

4 Q. I th ink t ha t was about the f i r s t ques t ion I

5 asked you - -

6 A. Tha t s r igh t .

7 Q. today.

8 All r igh t . Turn, if you would - - we re

9 going to look a t a couple of other th ings , but in terms

10 of how t h i s got spread, tu rn to the l a s t page of it a t

11 the very top l ine . Would you ju s t read t ha t sentence,

12 please? Read it out loud.

13 A. The other th ing you can do i s to send t h i s

14 e-mai l to as many others as you can, even if you do it

15 anonymously.

16 Q. All r i gh t . And then you - - so you were urging

17 people to - - the 3,000 people t ha t you i n i t i a l l y sen t it

18 to , to send it on to t he i r f r iends , as well , cor rec t?

19 A. Yes. Their - - I mean, I made it c lea r , a lso ,

20 t ha t keep it among Scien to log is t s and not the media.

21 Q. You say t ha t in the next l ine , I - - I agree.

22 A. Yes.

23 Q. But, you know, once someth ing ' s ou t there you

24 c a n t cont ro l it can you?

25 A. That s t rue .





110

1 Q. I mean, you ve found tha t out t he hard way,

2 haven t you?

3 A. Tha t s r i g h t .

Q. Okay. Now you d id not send t h i s e-mai l to the

5 church, i t s e l f , did you?

6 A. No, I d i d n t .

7 Q. You did not send it t h a t i s , to FSO?

8 A. Right .

9 Q. You d i d n t send it to your po in t of contac t ,

10 Kathy True?

11 A. Tha t s co r rec t .

12 Q. Ins tead , you sent it out to 3,000 o the r

13 Sc ien to log i s t s .


15 Q. And in t he e-mai l you - - we re not going to go

16 through the whole t h ing a t t h i s t ime, but you voice many

17 c r i t i c i s m s o f what i s going on in t he church, do you

18 not?

19 A. I mean, I d o n t f e e l t h a t t h e y r e c r i t i c i sms , I

20 f ee l t h a t they are po in t s of sc r ip tu re t h a t I am

21 encouraging othe r Sc i en t o l og i s t s t o fo l low and to see to

22 it t h a t only poin t s o f our sc r ip tu re s a re fo l lowed, and

23 not o the r th ings .

24 Q. Well, yes , ma am. And - - but you -- you use

25 words l i ke v i o l a t e sc r ip tu re in your e-mai l , d o n t you?





111

1 That t he church i s v io la t ing sc r ip tu re?

2 A. I be l ieve so.

3 Q. Yes. And what you ' r e saying i s t ha t the church

4 has adopted p o l i c i e s tha t are not appropr ia te and

5 d i r ec t l y v io l a t e LRH po l i cy and t ech . Do you remember

6 wri t i ng t ha t ?

7 A. Yes.

8 Q. And what does LRH po l i c y and t ech mean?

9 A. I t means tha t bas i ca l ly po l i cy t h a t a re wr i t t en

10 in p o l i c i e s l e t t e r s or bu l le t in s tha t a re wr i t t en by t he

11 founder o f Sciento logy, Mr. Hubbard. And they a re - -

12 and it s c l e a r in our sc r ip tu re s t ha t , pa r t i cu l a r l y from

13 a po l i cy l e t t e r ca l l ed Keeping Sciento logy Working, t ha t

14 every Sc i en t o l og i s t plays a pa r t in making sure t ha t

15 Sciento logy s tays pure to i t s sc r ip tu re s and - - and

16 doesn ' t go of f in any other d i r ec t ion .

17 Q. Yes, ma am. And ju s t , again , so t ha t

18 non-Sc ie n to log i s t s wi l l be able to fo l low t h i s , LRH - -

19 when you say t h a t the church i s v io l a t i n g LRH pol icy ,

20 t h a t ' s L. Ron Hubbard?

21 A. Tha t ' s r i g h t .

22 Q. LRH. And he i s the founder o f Sciento logy?

23 A. Yes. Tha t ' s cor rec t .

24 Q. And you fu r the r say v i o l a t i n g LRH po l i cy and

25 t ech . And t ech means technology?





112

A. Yes, s i r .

2 Q. And t h a t s a se r ious charge fo r you to make,

3 i s n t i t ?

4 A. Yes. Those are - - the technology i s what s

5 covered in b u l l e t i n s and t h a t s the technology t ha t

6 a re t h a t s - -

7 Q. Tha t s a t the cente r and the hea r t of the

8 r e l i g io n of Sciento logy, i s n t i t ?

9 A. Yes. Both - -

10 Q. Okay.

A. Both pol icy and tech a re .

12 Q. Of course .

13 A. Yes.

14 Q. Right . And so you, in your e -mai l o f

15 December 31, 2011, a re d i sput ing the church l e a d e r s h i p s

16 i n t e rp r e t a t i o n of the church s founder , L. Ron

17 Hubbard s , pol icy and t ech , r igh t?

18 A. I d o n t - - I d o n t th ink I m disput ing , I th ink

19 I m c l e a r ly say ing what, you know

20

21

Q.

A.

You r e saying

- - on ce r t a in i s sues t h i s i s what L. Ron

22 Hubbard i s saying should be done and - -

23 Q. And you r e saying

24 A. - - and I m asking them to only fo l low L. Ron

25 Hubbard po l i cy and t ech .





113

1 Q. And you re saying you know what the t r ue L. Ron

2 Hubbard po l i cy and t ech i s and the church l eade r sh i p

3 d o e s n t ?

A. Well I quote t in the e -mai l .

5 Q. Okay. And you r e c r i t i c a l of the church

6 l eade r sh i p in not doing what you bel i eve to be t r u e

7 Sciento logy.

8 A. I hope I l e f t tha t up to one s i n t e r p r e t a t i on .

9 I d o n t I t r i e d to keep the e-mai l c l e a r ly to , you

10 know c e r t a in th ings t h a t are happening and r e f e r r i n g to

11 L. Ron Hubbard re fe rence - - you know quotes from him

12 about those mat te rs .

13 Q. To - - to make your case , to b o l s t e r the

14 argument you were making?

15 A. Okay.

16 Q. Now these - - these a re theo logica l d i sputes ,

17 are t hey no t , wha t s - - what s the cor rec t way to

18 implement your church s founder s t each ings and

19 p o l i c i e s , t h a t s a theo logica l i s sue , i s n t i t ?

20

21

A.

Q.

22 with?

23 A.

24 Q.

I guess so yes .

Doct r ina l , would tha t be a word y o u d agree

Yes.

Okay. Now do you remember t ha t in the

25 agreements t ha t you and your husband s igned t he re was a




114

1 provi s ion t ha t if you had a dispute you could go to the

2 church ' s own cour t system for reso lv ing such theo logica l

3 or doc t r ina l disputes? Do you remember tha t?

4 A. Yes.

5 Q. Okay. Did - - why d i dn ' t you do tha t?

6 A. Because I d i dn ' t fee l t h a t I was t ry ing to

7 reso lve a dispute . I was t r y ing to communicate a

8 message to my Scien to logi s t f r i ends t ha t it s up to them

9 to fo l low Hubbard 's po l i c i e s and up to them to , you

10 know, only support those th ings t h a t were based on

11 Hubbard 's p o l i c i e s .

12 Q. Well, the po in t i s you d i dn ' t t ake the s t eps

13 ou t l i ned in your agreement t h a t you had made back in

14 2007 to submit such disputes to the church cour t , r igh t?

15 A. Tha t ' s co r rec t .

16 Q. And among the th ings tha t you were c r i t i c a l of

17 in your December 31 e-mai l were fundra i s ing ac t ions t ha t

18 were being t aken by the church, cor rec t ?


20 Q. In fac t , you say - - and I 'm sor ry the pages

21 a r e n ' t numbered, but it s the next to t he l a s t page of

22 the exh ib i t . Down towards the - - a lmost the very

23 bottom. Says, Stop support ing any o f the a c t i v i t i e s

24 t h a t are being done to forward of f -po l i cy fundra i s ing in

25 your a rea .




1 Did you f i nd t h a t in t he r e ?

2 A. Yes, I see t h a t .

3 Q. Did I r ead t h a t c or r e c t ly?

A. Yes - - yes, you did .

5 Q. And t h a t ' s what you asked your seve ra l

6 thousands of f r i e nds - - Sciento logy f r i ends t o do,

7 r igh t?

8

9

10

11

12

13

14

15

A.

Q.

A.

Q.

A.

Q.

A.

Yes.

Stop s top suppor t ing t he church?

No. No.

In t h a t way. Stop - -

No. It does not say t ha t .

Well , you ' re r i g h t . I t says , Stop suppor t ing

In f ac t - -

115

16 Q. Stop suppor t ing any of t he a c t i v i t i e s t h a t a re

17 be ing done to forward of f -po l i cy fundra i s ing in your

18 a rea .

19 Tha t ' s what you t o l d them.

20 A. Off -pol icy be ing def ined as t hose t h ings t h a t

21 were not and never were d i rec t ed by L. Ron Hubbard.

22 And, i n f ac t , I do encourage t h a t they dona te to the

23 church in t h i s e -mai l . I d o n ' t d iscourage them from

24 dona t ing , I discourage them from dona t ing to t h ings t h a t

25 were neve r d i r e c t e d by Mr. Hubbard.





116

1 Q. Well, let s look up above t ha t , then .

2 MR. JEFFREY: What page?

3 MR. SPENCER: We're still on t he same

4 page, it s j u s t t he immediate - -

MR. JEFFREY: I 'm l o s t . Shor t a t t en t i on

6 span. What page were you on?

7 MR. SPENCER: It s the next to the l a s t .

8 MR. JEFFREY: Okay.

9 MR. SPENCER: Have you got i t ?

10 MR. JEFFREY: Six .

11 MR. SPENCER: Okay.

12 Q. BY MR. SPENCER) Jus t look r i gh t up above what I

13 j u s t had you read a moment ago. And you say, F i r s t and

14 foremost , withdraw your suppor t from of f -po l i cy

15 ac t i ons .

16 You wrote tha t , d idn ' t you?

17 A. Yes, I did .

18 Q. Cont inuing . Stop dona t ing to anyth ing other

19 than your own serv ices and ac tua l Bridge progress .

20 You wrote tha t , d idn ' t you?

21 A. Tha t ' s r i gh t .

22 Q. Simply demand to see an LRH re fe rence t ha t

23 says you a re requi red to make othe r such dona t ions .

24 A. Right .

25 Q. When did you become aware t h a t t h i s e-mai l you




117

1 sent on December 31s t had been picked up by t he media?

2 A. I be l i e ve it was the next day. It was the

3 Tampa ampa Bay Times t h a t had the f i r s t a r t i c l e t ha t

4 I was aware of . Actual ly , maybe it was - - no, maybe it

5 was The i l lage Voice I m sor ry . I t was The i l l age

6 Voice t h a t was f i r s t .

7 Q. Well, I pul led out of my s tack , I pu l l ed out

8 the ampa Bay Times.

9 A. Yes. Sorry .

10 Q. So w e l l go if it s okay with you, w e l l

11 mark t ha t one f i r s t , a l l r igh t?

12 A. Okay.

13 Q. Let me hand you P l a i n t i f f s Exhib i t 8 and ask

14 if t h i s i s the Monday, January 2, 2012 e d i t i o n of the

15 ampa Bay Times. This i s the newspaper a r t i c l e t h a t you

16 saw t ha t had picked up your e-mai l?

17

18

19

20

21

A.

22 admit ted .

Yes. Tha t s r i g h t .

MR. SPENCER: Offer P l a i n t i f f s 8.

Handing to counse l) .

MR. JEFFREY: No ob je c t ion , Your Honor.

THE COURT: P l a i n t i f f s 8 w i l l be

23 ( P l a i n t i f f s Exhibi t 8 admit ted)

24 (Off - the - record discuss ion between

25 counsel)




118

1 (End of d iscuss ion)

2 MR. SPENCER: With the Cour t ' s permiss ion ,

3 we're going to p u l l out and make ava i l ab l e to opposing

4 counsel and to the Court a copy t h a t j u s t i s t h i s

5 pa r t i cu l a r por t i on o f the paper . I mean, t he re a re

6 o the r - - obvious ly , t he re a re o the r th ings in the

7 newspaper as publ i shed . We're going to ge t j u s t t h i s

8 a r t i c l e and give it to the Court .

9 THE COURT: That w i l l be f ine . Thank you.

10 (Handing to counsel)

11 Q. BY MR. SPENCER) I 'm going to l e t you have the

12 or ig ina l one. And we ' re going to put t h i s back down.

13 All r i g h t . You've got t he ac tua l

14 newspaper i t s e l f t he re in f ron t o f you?

15 A. Yes, I do.

16 Q. What was the headl ine in the r e a l l y l a rge p r i n t

17 o r font t ha t the ampa ay Times ran t ha t morning?

18 A. t says , A Challenge From Ins ide .

19 Q. And then in smal ler , but still l a rge l e t t e r s

20 what does it read undernea th tha t?

21 A. Former Sciento logy Exec in Clearwate r Bl as t s

22 Fundra i s ing .

23 Q. Okay. And t he r e ' s a - - and t ha t photograph

24 t h a t ' s you in your uniform?

25 A. Yes, it i s .




119

1 Q. Okay. And what i s it - - how does it i den t i fy

2 you in t he newspaper? Jus t read what ' s r i gh t t he re

3 bes ide your photograph.

A. Debra J . Cook, a long-t ime l eade r a t

5 Scien to logy ' s s p i r i t ua l headquar ters in Clearwater .

6 Q. Doesn ' t it cont inue, Sent ?

7 A. Yes. Sent a New Year ' s e-mai l to thousands of

8 cur ren t and former members.

9 Q. Okay. So t h a t ' s the i den t i f i c a t i on o f you t ha t

10 the newspaper used?

11 A. Yes.

12 Q. When did you read t h i s a r t i c l e f i r s t ?

13 A. When it came out . The 2nd - - on t he 2nd.

14 Q. Now how did -- I - - do you subsc r ibe to the

15 ampa ay Times here in l iv ing in San Antonio?

16 A. No, I don ' t .

17 Q. How did it come to your a t t en t ion t ha t t h i s

18 a r t i c l e had been wri t t en?

19 A. I don ' t remember. I th ink someone e-mai led me

20 about it Someone e-mai led me and sa id t ha t - - sa id

21 t ha t t h i s a r t i c l e was out .

22 Q. Who was tha t?

23 A. I - - I 'm sorry, I cannot remember. I mean, I

24 got about a thousand e-mai ls - - answers. I got a l o t of

25 e-mai l answers . I - - I don ' t remember, I 'm sor ry .




120

Q. And then - - and then what d id you do having

2 rece ived t h a t , to t r y t o l e a rn what was a c t u a l l y in the

3 newspaper a r t i c l e ?

4 A. I went on l ine to look it up and r e a d t he

5 a r t i c l e .

6 Q. Okay. And d id the on l ine ve r s ion t h a t you

7 see - - t h a t you saw then , i s it s u b s t a n t i a l l y t he same

8 as what you have before you t h a t was in the newspr in t

9 copy? Same head l ine , same p i c t u re?

10 A. Yes.

11 Q. Okay. And does t h a t ampa Bay Times head l ine

12 and the s t o r y cas t t he church in a - - in your opinion ,

13 in a favorab le or an unfavorable l i gh t?

14 A. I t h ink it - - I mean it s to some degree

15 unfavorab le .

16 Q. Former sc i en to log i s t exec in Clearwate r b la s t s

17 fundra i s ing .

18 A. Yes.

19 Q. T h a t s unfavorable , i s n t i t ?

20 A. Yes.

21 Q. Let me hand you P l a i n t i f f s Ex h i b i t 9. Do you

22 r ecogn ize t ha t ? I s t h a t t he a r t i c l e t h a t ran in US

23 Today on January 3rd I be l i eve?

24 A. It s d e f in i t e ly an a r t i c l e t h a t ran , I m -- I m

25 assuming you r e r i g h t t h a t it was US Today I


166TH DISTRICT COURT BEX R COUNTY TEXAS



121

Q. Well, l e t me show you where t ha t - - where I see

2 t ha t .

3 A. Yeah.

4 Q. I s t ha t r igh t?

5 A. Yes. Tha t s cor rec t .

6 MR. SPENCER: We of fe r P l a i n t i f f s Exhib i t

7 9.


9 MR. JEFFREY: No objec t ion , Your Honor.

10 Thank you .

11 THE COURT: P l a i n t i f f s 9 w i l l be

12 admit ted .


14 Q. BY MR. SPENCER And did you - - did you see

15 P l a i n t i f f s Exhib i t 9? Did you see t ha t a r t i c l e when it

16 came out?

17 A. Yes, I did .

18 Q. And t h a t s t h a t s the next day. T h a t s on

19 January 3rd, r igh t?

20 A. Yes. Tha t s co r rec t .

21 Q. The Tampa ay Times a r t i c l e was on the 2nd.

22 The US Today newspaper a r t i c l e was on the 3rd . I s the

23 US Today a r t i c l e , in your opinion , a something t ha t

24 puts the church in a favorable or an unfavorable l i g h t ?

25 A. Unfavorable.




122

Q. Let me hand you Exhibi t 10. Do you r ecogn ize

2 t h i s as an a r t i c l e t h a t r an in The conomist on

3 January 7, 2012?

4 A. Yes.


6 MR. SPENCER: You' re okay? I d o f f e r

7 P l a i n t i f f s Exhib i t 10.

8 MR. JEFFREY: No ob je c t ion .

9 THE COURT: 10 w i l l be admit ted .

10 ( P l a i n t i f f s Exhib i t 10 admit ted)

11 MR. SPENCER: Judge, I m going to hand

12 you -- I go t behind on giv ing t h ings up to you.

13 THE COURT: Tha t s okay. I m -- I m used

14 to be ing ignored .

15 Q. BY MR. SPENCER Exhibi t 10, you r e a d t h a t a t

16 t he t ime?

17 A. Uh-huh.

18 Q. And it was - - it appeared in The conomist on

19 Janua ry 7th , 2012?

20 A. Yes.

21 Q. And it says j u s t in t he f i r s t sentence here ,

22 Debra Cook was once a dowdy defender o f Scien to logy ,

23 he lp ing it to c on te s t c r i t i c s c la ims t h a t it i s a

24 ru th l e s s ly run money making c u l t based on bogus sc ience ,

25 bu t on New Y e a r s Eve, Ms. Cook, who spen t more than 17




123

1 years in t he organ i za t i on ' s l eade rsh ip , wrote an

2 exp los ive e -mai l to 12 000 members compla in ing t h a t its

3 chairman David Miscavige i s mismanaging its f inances

4 and break ing its i n t e r n a l ru l e s .

5 That was t he r epor t t h a t was made?

6 A. Yes. Tha t ' s - - t h a t ' s what it says .

7 Q. And in your opinion , does t h a t does t h a t

8 s t o ry i n The conomist p lace the church in a favorab le

9 or an unfavorab le l i gh t?

10 A. That s t o ry d e f in i t e ly p u t s it on an unfavorab le

11 l i g h t .

Q. When you asked t he people who r e c e i v e d your2

13 e-mai l , t he ones you sen t sent it t o , t o send it to

14 as many o the r s as you can

15 A. Uh-huh.

16 Q. you d id t h a t to t r y to undermine

17 Sc ien to log i s t s ' conf idence in t he c ur r e n t l e a de r s h ip o f

18 t he church c or r e c t ?

19 A. No. Tha t ' s not cor rec t .

20 Q. You - - you sen t it to them to bu i l d up t h e i r

21 conf idence in t he l eade rsh ip of the church?

22 A. I sent it to them to remind them

23 Q. Excuse me. I mean d id you or d id you no t send

24 it to them t o bu i l d up conf idence in t he l e a de r s h ip o f

25 the church?





1 A. Nei the r , no. I d i d n t .

2 Q. We ve a l ready es t ab l i shed t h a t your e -mai l i s

3 c r i t i c a l of the l eade rsh ip - - c ur r e n t l e a de r s h ip of t he

4 church, r igh t?

5 A. Yes, I guess .

6 Q. Well , I mean - - ju s t in t he words of the ampa

7 Bay Times t he f i r s t of the ones we looked a t , former

8 Sciento logy exec in Clearwater b la s t s fundra i s ing .

9 A. Yes, bu t I

10 Q. P r e t t y c r i t i c a l , r i gh t ?

11 A. But t h a t s - - t h a t s what th ampa Bay Times

12 i s saying . T h a t s not what I m saying .

13 Q. Right , but - -

14 A. It s not what my e-mai l says . My -- my e-mai l

15 d o e s n t say I m b la s t ing anybody.

16 Q. But t h a t s t he i n t e rp r e t a t i o n t h a t was p laced

17 upon it by t h a t newspaper, i s n t i t ?

18

19

A.

Q.

Yes.

L e t s look a t P l a i n t i f f s Exhib i t 11. It s a

20 new e -mai l . I s P l a i n t i f f s Exhib i t 11 an e -mai l you

21 sen t?

22 A. Yes, it i s .

23 MR. SPENCER: Offer P l a i n t i f f s Exhib i t

24 11.



124



125

1 (Pause)

2 (Handing to the Court)

3 MR. JEFFREY: No ob je c t ion , Your Honor.

4 THE COURT: P l a i n t i f f ' s 11 w i l l be

5 admit ted .

6 ( P l a i n t i f f ' s Exhib i t 11 admit ted)

7 Q. BY MR. SPENCER Ms. Cook, in your -- in t h a t

8 e-mai l it s one you sen t to June and Eddie Camacho?

9 A. Yes.

10 Q. And it s t a r t s out , Hi, June and Eddie . By now

11 you have probably seen t he e-mai l we sent out to our

12 Sc i en t o l og i s t comm l i ne s .

13 Did r ead t h a t cor rec t l y?


15 Q. And Sc i en t o l og i s t comm l ine s , what does t h a t

16 mean?

17 A. Defined as bas i ca l ly Sc i en t o l og i s t s t h a t we a re

18 in communication with t h a t we have - - t h a t we converse

19 with .

20 Q. Okay. So the C-0-M-M i s communications --

21 A. Short .

22 Q. -- abbrev ia ted?

23 A. Yes.

24 Q. Okay. You say to your - - these a re f r i ends o f

25 yours , June and Eddie Camacho?




126

A. Yes, they are .

2 Q. Okay. When you say, You have probab ly seen

3 t he e -mai l we sent out to our Sc i en t o l og i s t comm l i n e s ,

4 t h a t ' s r e f e r r i n g to t he one we marked previous ly , t he

5 one you sent on New Year ' s Eve, r igh t?


7 Q. Okay. And you say we sent it not I sent it

8 r igh t?

9 A. Tha t ' s co r rec t . I say t h a t .

10 Q. And you say to our , not my, Sc i en t o l og i s t comm

11 l ine s , r igh t?


13 Q. Cont inuing in t h i s e-mai l : In many ways, we

14 r ea l l y d id not want to do something l i k e t h i s . Not

15 you d i d n ' t say in many ways I r e a l l y d id not want to do

16 something l i k e t h i s , did you?

17 A. No, I d id not .

18 Q. You use the p lu ra l , we?

19 A. Tha t ' s r i g h t .

20 Q. And you cont inue throughout t h a t f i r s t

21 paragraph to use we, our , p l u r a l words, r i g h t ?


23 Q. And a t the very bottom, where you -- the end of

24 it it says , All our love , Debbie and Wayne, cor rec t ?






127

Q. And t h i s - - so t h i s e-mai l i s c l e a r ly from you

2 and Wayne to your f r i ends , June and Eddie Camacho,

3 r igh t?


5 Q. And it s desc r ib ing the e-mai l t ha t you and

6 Wayne sen t out on December 31s t , r igh t?

7 A. Yes. I mean - - yes.

8 Q. Tha t s what you say, yeah?


10 Q. Let me - - I took it away from you, so it s my

11 f au l t t ha t you d o n t have it in your hand. And I was

12 going to f i nd the December 31 e-mai l . Here it i s . It s

13 Exhib i t 7.

14 Handing to witness )

15 Now t h a t e-mai l t ha t you sen t on

16 December 31s t d i scusses your knowledge o f and

17 i n fo rmat ion you have concerning the Sciento logy

18 re l ig ion , doesn t i t ?

19 A. Yes, it does.

2 Q. And it d i sc l oses in format ion concerning your

21 knowledge o f the Sciento logy re l ig ion and its s t a f f ,

22 cor rec t ?

23 A. Are you r e f e r r ing to l i k e my - - when I say my

24 t r a i n in g and whatnot?

25 Q. Yeah.




128

A. Yes.

2 Q. The e-mai l you sent on December 31s t c l e a r ly

3 d i sc l oses in format ion concerning your knowledge o f the

4 Sciento logy r e l ig ion , cor rec t?

5 A. Yes.

6 Q. And fu r t he r , c lea r ly d i sc l oses i n fo rmat ion you

7 have about t he c h u rc h s s t a f f , cor rec t ?

8 A. Yes.

9 Q. Fur the r , your December 31 e-mai l d i sc l oses

10 exper iences t h a t you had with the Sciento logy r e l i g io n

11 and its s t a f f ?

12 A. Yes.

13 Q. Now when you accuse t he church o f dev i a t i ng

14 from p o l i c i e s l a i d out by L. Ron Hubbard t he founder of

15 t he r e l i g i o n , did - - in your e-mai l , d id you t h ink t h a t

16 you were enhancing o r damaging the r epu t a t i on of the

17 persons who were re spons ib le for implement ing the

18 p o l i c i e s you were c r i t i c a l of?

19 A. I mean I - - I mean I th ink it s obvious t h a t

20 it would hur t t h e i r reputa t ion . That w a s n t t he purpose

21 or t he i n t en t ion .

22 Q. But c l e a r l y your e-mai l i s damaging to t h e i r

23 r e pu ta t i ons ?

24 A. Yes.

25 Q. You knew did you not , when you sen t t he




129

1 e-mai l - - the December 31 e-mai l to 3,000 of your

2 f r iends , you knew you were ac t ing cont ra ry to the terms

3 of your wr i t t en agreement with the church?

4 A. No.

5 Q. Di dn t - - you d i d n t th ink about tha t?

6 A. I d i d n t fee l t h a t it - - I f e l t t ha t I was very

7 ca re fu l not to v io la te my agreement.

8 Q. How long had you spent before December 31s t

9 composing t ha t e-mail , to get it ready to be sent?

A.0 Couple of weeks.

Q.1 Working on it of f and on?

A.

Q.3 And then you f ina l ly sent it out on New Year s

14 Eve?

15 A. Yes.

16 Q. I j u s t have to ask, had you - - had you been

17 dr inking? I mean, New Year s Eve, a l o t of people would

18 have been.

19

20

21

22

A.

Q.

A.

Q.

No. Not - - no - - I mean

10 o c l ock on New Year s Eve, nothing to drink?

No.

Okay. When you sent out your e-mai l , your

23 December 31 e-mai l , you an t i c ipa t ed t ha t t he church

24 would sue you for doing tha t - - for v io l a t i n g your

25 agreement , d i d n t you?




130

A. I did no t .

2 Q. I s n t tha t what you t o ld Mr. Becker , l oca l

3 s c i e n t o l o g i s t , Michael Becker?

4 A. No. I d i d n t tell him I thought

5 Q. Well , maybe - - maybe I d i d n t - - I d i d n t I6 phrased it a little too genera l ly . D i d n t you tell

7 Mr. Becker tha t , quote , the church could sue us, c lose

8 quote , when -- when he asked you what r esponse you

9 expected to ge t from t he church for your e-mai l?

10 A. I d o n t remember t ha t . I d o n t know.

11 Q. You r e no t d i s pu t ing it. You could have sa id ,

12 tha t , c o u l d n t you?

13 A. It s poss ib le . I d o n t remember.

14 Q. Okay. And t h i s s ta tement , t he church could sue

15 us , Mr. Becker then asked you, what do you mean by t ha t ?

16 Do you remember t ha t ?

17 A. I d o n t remember t h i s . I m so r ry .

18 Q. Well, see if t h i s - - t h i s he lps you, prompts

19 you to r e c a l l t h i s conversa t ion .

20 A. Okay.

21 Q. Mr. Becker sa i d he spoke to you about your

22 e -mai l s , and asked you what response you expec ted from

23 t he church, and you sa i d t ha t the church cou ld sue us .

24 And you say, al though you d o n t s p e c i f i c a l l y remember

25 t h a t , t ha t makes sense t h a t you might have s a i d t ha t .





131

1 Correc t so fa r?

2 A. No. I - - to be hones t , I - - I d id no t expec t

3 t he church to sue me. d id not d e f i n i t e l y d id not

4 expec t t ha t . expec ted pos s ib ly a couple o f people

5 from t he church would come - - would contac t us or would

6 come to see us. T h a t s what I expected .

7 Q. And you expec ted t h a t because you knew t h a t t he

8 church would see what you d id as a v i o l a t i o n of your

9 agreements r i gh t ?

10 A. No. knew t h a t t he church would no t be happy

11 about what did . d i d n t see it as a v i o l a t i o n of t he

12 agreement .

13 Q. Did you go back and rev iew t he agreement befo re

14 you sent t he e-mai l?

15 A. did .

16 Q. And s tud i e d it page by page l i n e by l i n e , to

17 see what you agreed to back in 2007?

18 A. Yes.

19 Q. And based on your s tudy and ana l ys i s o f it you

20 came to t he b e l i e f t h a t your December 31 e -mai l was no t

21 a v i o l a t i o n of your agreement?

22 A. Yes.

23 Q. And t h a t was something you c a r e f u l l y did?

24 A. Yes.

25 Q. Because you wanted to make su re you d i d n t




132

1 v io l a t e t he agreement , r i gh t ?

A. Yeah.

3 Q. Now, the church d id not immediate ly sue you,

4 did they?

5 A. No.

6 Q. Ins tead , t he i r lawyer sent you a l e t t e r , r igh t?

7 A. T h a t s co r rec t .

8 Q. Let me hand you Exhibi t 12. I s t ha t a copy of

9 the l e t t e r sent to you and your husband by a t t o rney Gary

10 Sote r , da ted January 19, 2012?

11 A. Yes, t i s .

12 MR. SPENCER: We o f f e r P l a i n t i f f s Exhib i t

13 12.

14 MR. JEFFREY: No ob je c t ion .

15 THE COURT: 12 wi l l be admit ted .


17 Handing to t he Court)

18 THE COURT: Thank you.

19 Q. BY MR. SPENCER In t he l e t t e r t h a t you rece ived

20 from Mr. Sote r - - you and your husband rece ived , asked

21 you a l l to conf i rm your wil l ingness to cont inue to ab ide

22 by the agreement by s igning a document, cor rec t ?


24 Q. All r i g h t . Now, you d i d n t do t ha t .





1 Q. Ins tead , you wrote a l e t t e r back to Mr. Sote r ,

2 d i d n t you?

3 A. Yes, I did .

4 MR. SPENCER: And I need to get some more

5 exh ib i t s . This would be 13, I bel i eve , Your Honor.

6 THE COURT: Yes, s i r .

7 Q. BY MR. SPENCER Ms. Cook, i s P l a i n t i f f s

8 Exhib i t 13 a copy of the l e t t e r by e-mai l t ha t you sent

9 to Gary Sote r on January 26, 2012?

10 A. Yes.

11

12 13.

13

14

15

16

17

18 prev ious one?

19

20

21

22

23

24

25

MR. SPENCER: Offer P l a i n t i f f s Exhib i t

MR. JEFFREY: No objec t ion .

THE COURT: 13 wi l l be admit ted .

( P l a i n t i f f s Exhib i t 13 admit ted)

Handing to the Court)

MR. JEFFREY: May I see 16? What was t he

MR. SPENCER: That would be 12.

MR. JEFFREY: Or 12.

MR. SPENCER: Mr. S o te r s l e t t e r ?

MR. JEFFREY: No, t he l e t t e r sen t back.

MR. SPENCER: Her l e t t e r ?

MR. JEFFREY: Uh-huh.

Handing to counsel)


133



134

(Pause)

2 Q. BY MR. SPENCER Now, do you have Exhibi t 13 up

3 the re with you, your e-mail back to Mr. Soter?

4 A. Yes, I do.

5 Q. All r igh t . In there , towards the bottom of the

6 f i r s t page, you t e l l Mr. Soter , You can sue away, but I

7 have no money for you to t ake .

8 Did I read t ha t cor rec t ly?

9 A. Yes, you did.

10 Q. And as you've al ready - - I th ink you t o l d us

11 you a l l have already spent the hundred thousand do l la r s

12 t ha t you rece ived back in 2007 from the church?

13 A. Yes.

14 Q. Was the po in t you were t ry ing to make when you

15 t o l d Mr. Soter , the a t to rney for the church, you can sue

16 away, but I have no money for you to take was the

17 poin t you were t ry ing to make t ha t i f the church f i l ed a

18 lawsui t aga ins t you, a money damage l awsui t - - judgment

19 would have no value?

20 A. Let ' s see. I was t ry ing to t e l l him t ha t they

21 wouldn ' t be able to get money from us because we don ' t

22 have it. So t ha t was what I was t ry ing to say.

23 Q. And you sa id it qui te well , tha t if the church

24 sues you and t r i e d to get money damages for what you had

25 done to it the church wouldn' t have anything worth




135

1 ge t t ing , would i t ?

2 A. Right .

3 Q. And then you cont inue if you 'd t u rn to the

4 next page of Exhib i t 13. Up a t the top , you say I am

5 going to play an ac t i ve ro l e i n the fa te of the r e l i g io n

6 I love .

7 A. Yes.

8 Q. I read t h a t cor rec t l y?

9 A. Yes.

10 Q. All r i gh t . And so by - - by saying t ha t to the

11 church ' s a t to rney you were communicating to him and to

12 the church t ha t you in tended to keep wr i t ing and keep

13 c i r c u l a t i n g more e-mai ls of the type t ha t you sen t on

14 December 31s t , r igh t?

15 A. Well t h a t ' s an in te rp re ta t ion in it That

16 I - - I bas ica l ly wanted to communicate t ha t I 'm still an

17 ac t ive Sc ien to log is t and t h a t I still love my - - I still

18 love Sciento logy and I 'm going to be ac t ive .

19 Q. Well - - r igh t . And t h a t would inc lude sending

20 out fu r the r fu t u re e-mai ls l i k e the one you sen t out on

21 December 31s t , r igh t?

22 A. Well it would inc lude doing what I f e l t would

23 be i n bes t i n t e r e s t of Scientology and Sc ien to log i s t s .

24 I t wouldn ' t necessar i ly inc lude t ha t .

25 Q. That might not be the only th ing , but it was




136

1 cer t a in ly something you were saying you could qui te well

2 do in the fu ture , r igh t?

3 A. I d o n t - - you know, I m not going to say t ha t

4 because, hopeful ly , it would inc lude more along the

5 l ine s of speaking - - having dia logue wi th t he church

6 you know, management or whatnot to s t ra igh ten some of

7 these th ings out . That would be much more pre fe r r ed .

8 Q. Well, now, t h a t s you d i d n t t r y t ha t on

9 December 31st , did you?

10 A. No, I d i dn t , but I did t r y it before I l e f t .

11 Q. And then you - - and then you - - you did not - -

12 when you were - - you re the person t ha t wrote

13 Exhib i t 13, r igh t?


15 Q. Okay. And you re responding to the church s

16 l awyer s reques t t ha t you not v io la te the agreement you

17 made any fu r the r . You d i d n t wri te to Mr. Soter and

18 say, Mr. Sote r , I may not be wil l ing to s ign the

19 in junc t ion you sent me but I promise you and the church

20 I ll not send out any fur ther e-mai ls l i ke the one I

21 sen t out on December 31s t . You d i d n t wri te him t ha t ,

22 did you?

23 A. No, I did not .

24 Q. Ins tead you said , I m going to keep - - I m

25 going to play an ac t ive ro le in the f a t e of the r e l ig ion





137

1 I love .

2 A. Yes. Tha t s r igh t .

3 Q. You were going to cont inue on with the course

4 t ha t you had se t for yourse l f on December 31s t .

5 A. Well t h a t l a s t th ing you sa id i s - - i s an

6 i n t e r p r e t a t i on . Tha t s not what I sa id .

7 Q. A reasonable and va l id i n t e rpre t a t ion , i s n t

8 i t ?

9 A. Yes.

10 Q. So you r ea l ly can t f au l t t he church for coming

11 in to court and t r y ing to get an order - - and in fac t ,

12 ge t t ing an orde r to make you s top doing tha t?

13 A. Yes I can. I can def in i t e ly .

14 Q. Well you t o ld the church t ha t if they get a

15 money judgment agains t you it wil l be wor th less , r igh t?

16 A. Right .

17 Q. And you t o l d those - - it s a reasonable

18 i n t e r p r e t a t i on t h a t your response to Mr. Sote r was I m

19 going to keep doing th i s ?

20 A. Tha t s not what I sa id .

21 Q. Well your tes t imony wil l i s what it i s .

22 In your e-mai l to Mr. Soter you t h i s i s

23 back on the f i r s t page. Do you have it t he re in - - t u rn

24 to the f i r s t page.

25 A. On the yes. Okay.





138

Q. Yeah. Your - - it's Exhib i t 13. It's your

2 e -mai l

3 A. Yes.

4 Q. of January 26 to Mr. Sote r .

5 The t h i rd paragraph, it's t he f i r s t

6 paragraph t h a t ' s more than one sentence long. You

7 wrote I do not knowledge t he agreement and genera l

8 r e l e a s e s igned on t he 19th of October 2007 as a l e g a l l y

9 v a l i d document due no t he ci rcumstances of s ign ing it.

10 You wrote t ha t ?

11 A. Yes r did .

12 Q. Had you ever communicated t h a t p o s i t i o n t o the

13 church befo re t h a t da te , January 26 2012?

14 A. No.

15 Q. And as you say you and your husband have spent

16 a l l t he money t h a t t he church pa id you in October -- in

1 7 October o f 2007 r i gh t ?


19 Q. So c e r t a i n l y you have no p lans to r e t u r n t h a t

20 money to t he church?

21 A. Tha t ' s cor rec t .

22 Q. Do you i n t end to comply or do you i n t e nd to

23 v i o l a t e t he promises t h a t you made in your agreement

24 with t he church in October 2007?

25 A. I i n t e nd from t h i s po in t forward to handle , by


166TH DISTRICT COURT BEX R COUNTY TEXAS



139

1 whatever means whether it s through t h i s l awsui t or

2 through communication with the church - - I in tend to

3 s o r t out t h i s agreement so t h a t - - because it s not

r i gh t . So I in tend to pursue t h a t and r e so l ve t ha t

5 mat te r .

6 Q. Cer ta in ly your - - your view i s t ha t you d o n t

7 have to comply with the agreement because of th ings l i ke

8 what your lawyer said , r igh t?

9 A. I d o n t know tha t ques t ion i s a little too - -

10 Q. Well maybe - - maybe I d i d n t ask it very wel l .

11 Your lawyer t h i s morning l i s t e d a whole bunch of reasons

12 why in h i s view you shou l dn t have to l i ve up to the

13 agreement you made with the church in October 2007.

14 A. Right .

15 Q. I mean everybody in the cour troom heard t ha t .

16 A. Yes.

17 Q. And ju s t , yes or no i s it your i s it your

18 plan, going forward here t h i s af te rnoon, tomorrow the

19 next day throughout the t ime t h i s case i s pending to

20 qo whatever you see f i t and what s r igh t , because in

21 your view you d o n t have to comply with the agreement

22 you made because according to your lawyer it s not

23 val id?

24 MR. JEFFREY: Object ion asked and

25 answered Your Honor.





140

1 THE WITNESS: No.

2 THE COURT: Respec t fu l ly over ru led .

3 Q. BY MR. SPENCER Go ahead and answer.

4 A. So no. I d o n t in tend to - - I in tend to ge t

5 it re so lved - - ge t t he mat te r of the r e l ea se re so lved

6 befo re doing anything e l se .

7 Q. So you r e going to honor the - - y o u r e saying

8 you re going to honor the cont rac t as wr i t t en u n t i l t h i s

9 case can be f i na l l y t r i e d to a ju ry?

10 A. No. No.

11 Q. No you r e not , a re you?

12 A. It s nei ther . I - - I m hoping to reso lve it

13 in through t h i s hear ing as to whether t h i s - - you

14 know it s - - obvious ly it s now to a po i n t of it s a

15 mat te r in t he Court decis ion, and of course I w i l l honor

16 the Cou r t s dec is ion .

17 Q. But you r e not going to honor t he promises you

18 made unless the Court makes you correc t?

19 A. It s j u s t an imposs ib le quest ion , because I am

20 here in cour t today. Tomorrow we wi l l r e so l ve it.

21 Ei t he r t he Court w i l l ru l e t h a t t he re w i l l be an

22 i n j unc t i on aga i ns t me in which case I w i l l obvious ly

23 adhere to it, or the Court wi l l ru l e t ha t t he re i s n t .

24 Q. Okay. But you r e - - you r e going to keep the

25 money you and your husband got and in fac t have spent ,


166TH DISTRICT COURT BEXAR COUNTY, TEXAS





142

1 t h i s , i I can Your Honor. Jus t one moment.

2 DIRECT EXAMINATION

3 BY MR. JEFFREY:

4 Q. Ms. Cook would you j u s t look a t your image

5 f rozen t he re on the screen for a minute?

A. Yes.

7 Q. That t ake you back f ive years?

8 A. Yes.

9 Q. One ques t ion I have for you a f t e r watching

10 t h i s video: Is t h a t woman tha t we see t he re on the

11 video back in October 19 of 2007 nodding her head

12 murmuring and cry ing the same woman t ha t ran an

13 organiza t ion of a thousand to 1 400 s t a f f people and

14 represented the Church of Sciento logy?

15 MR. SPENCER: Excuse me Your Honor.

16 Object ion , argumentat ive leading.

17 THE COURT: All r i gh t . Sus ta ined . You

18 want to rephrase t ha t ?

19 MR. JEFFREY: Yes.

20 Q. BY MR. JEFFREY When we look a t October 19 of

21 the 2007 one of the i s sues for the Court i s your - - was

22 your s t a t e of mind. And t h a t s what I m ask ing you

23 about Ms. Cook. As you look back then , t ha t l ady t ha t

24 we see and t ha t behavior t h a t we see on the t e l e v i s i o n

25 screen, i s t ha t how you looked a year before o r two





143

1 years before?

2 A. General ly , no. I mean, genera l ly , years be fo re

3 I was - - I was in much b e t t e r phys ica l condi t ion and I

4 was, you know, very ac t i ve and - - no. Considerably

5 d i f f e r en t .

6 Q. When - - for example, when we l i s t e n to the

7 video, we have no problem hear ing loud and c l e a r the

8 a t t o rney from Los Angeles, correc t?

9 A. Correc t .

10 Q. And many t imes your responses on t ha t video a re

11 so low t ha t t h e y r e almost inaudib le .

12 MR. SPENCER: Again, h e s l ead ing h i s

13 witness . It s comple te ly improper .


15 Q. BY MR. JEFFREY Would you expla in to us why

16 your vo ice was so low and you nodded and hunched over as

17 you answered t he quest ions?

18 MR. SPENCER: Again, have - - r ea l l y

19 apologize to have to make t h i s many objec t ions , bu t h i s

20 ques t ion now assumes tha t he got the f i r s t l e a d ing

21 ques t ion answered by her . He s j u s t cont inuing to ask

22 l ead ing ques t ions and being the one who s t e s t i f y i n g and

23 not t he witness and objec t .

24 MR. JEFFREY: Your Honor, I went to law

25 school qu i t e a whi le ago, but a why ques t ion i s not a




144

1 l ead ing ques t ion . A l ead ing ques t ion i s one t h a t ca l l s

2 fo r a yes or no. It s a f a i r ques t ion .

3 MR. SPENCER: A l ead ing ques t ion i s one

4 t h a t suggests the answer to the wi tness .

5 THE COURT: Respec t fu l ly over ru led .

6 Please proceed.


8 Q. BY MR. JEFFREY I ll t r y to ask it then aga in

9 as - - as c lose as I can.

10 The behavior t h a t we see on t he screen ,

11 would you tell us whether or not t h a t r ep resen t s , in a

12 year before , two years before , t h ree years be fo re how

13 you would have presen ted yourse l f in such a s i tua t ion?

14 A. No. It d o e s n t . I t - - I was -- I was very

15 upse t . I was phys i c a l ly ill and - - so no it d o e s n t

16 r ep resen t anything l i k e what I was l i k e p r i o r to t ha t .

17 Q. And why were you crying? You c r i ed more than

18 once in t h a t video, d i d n t you?

19 A. Yes I did .

20 Q. Why were you crying , because you were going to

21 miss your f r i ends so much and they had been so n ice to

22 you?

23 MR. SPENCER: Leading.


25 Q. BY MR. JEFFREY Why were you cry ing?




145

A. I was crying because I had put my whole l i f e

2 i n to what I was doing. I had put every th ing my whole

3 l i f e was Sciento logy and working a t the church, and I

4 was very unhappy t ha t it was ending t h i s way.

5 Q. What was your goal tha t day? What did you seek

6 to accomplish, i the day went well?

7 A. I was I was ge t t ing out . I was l eav ing .

8 Q. Why i s t ha t such a big dea l , j u s t l eav ing

9 somewhere? You re s tay ing in an apar tment the re . Why

10 i s it a big dea l to be able to leave?

11 A. I had ac tua l ly - - I had ac tua l ly l e f t about

12 four weeks pr ior to t h a t for var ious reasons and - - and

13 I was convinced to come back for a very shor t per iod of

14 t ime, under ce r ta in circumstances, to handle any f i na l

15 wrap up to my l eav ing and to - - to leave in a way t ha t

16 the church considered more proper . And I did it under

17 ce r ta in agreements as to where we would s t ay and how it

18 would be done. And th ings d i d n t happen t ha t way a t

19 a l l .

20 I ended up in a di f fe ren t l oca t ion than

21 what was agreed and I was in - - such t ha t I cou ldn t

22 l eave . I was bas ica l ly imprisoned in the re . And it was

23 only f i na l l y when I demanded t ha t I would e i t he r have my

24 mother c a l l the pol ice or I would do something dr a s t i c

25 in order to get out , was I f ina l ly able to go.




146

Q. And where were you located when t h i s video was

2 shot and you signed t h i s agreement and i n i t i a l e d the

3 agreement and t a lked to the lawyer from Los Angeles?

4 Where, phys ica l ly , were you?

5 A. We were in Clearwater, Flor ida . I t was in a

6 a fenced- in a rea . I t was - - it s ca l l ed the Hacienda

7 Gardens and it s where the apartments - - where the s t a f f

8 l ive . And it was an of f ice - - I guess one of the

9 apartments had been converted in to an of f i ce , and we

10 were taken over to - - from my apartment to t h i s of f i ce

11 in the same complex.

12 Q. Well - - so you re a t the Hacienda Gardens.

13 Could you jus t walk out of your apartment and then walk

14 out of the Gardens?

15 MR. SPENCER: Your Honor, if I may, object

16 to t h i s e n t i r e l i ne of ques t ioning which, as I i n t e rp re t

17 i t , i s your duress , undue inf luence defense t ha t you

18 have asse r ted .

19 Your Honor, under the uncontes ted evidence

20 out of Ms. Cook s own mouth, she and her husband

21 r a t i f i e d the contracts t ha t they made. We cer t a in ly

22 dispute and bel i eve it s t o t a l l y fa l se t ha t they were

23 subjec ted to duress and undue in f luence , but if they

24 were, hypothe t ica l ly , t ha t was t o t a l l y cured and solved

25 l ega l ly by t he i r rece ip t and use of the money a f t e r they




147

1 got to Texas years l a t e r , cont inued to accept bene f i t s ,

2 never of fe red to pay them back. That i s a r a t i f i c a t i o n

3 o f the cont rac t , even i f , assuming - - and we c e r t a in ly

4 do not agree wi th t h i s , but even if it had been procured

5 by duress and undue in f luence .

6 This i s fundamental ly

7 MR. JEFFREY: Your Honor t h i s i s a

8 l engthy , speaking objec t ion , which Mr. Spencer a l ready

9 sa id he does not be l ieve in . I 'm e n t i t l e d to examine

10 the wi tness and he can make whatever argument he wants

11 a t the end of the case .

12 This i s r id icu lous .

13 MR. SPENCER: No. It s - - it s an

14 objec t ion tha t the evidence i s i r r e l e v a n t and

15 i rmnater ia l and I 'm exp la in ing the l ega l reason why t ha t

16 i s . I f the Court would l i k e to t ake t ha t up out o f the

17 presence of the witness , I 'm del igh ted to have t ha t done

18 so t h a t t ha t cures the speaking objec t ion . And I ' d l i ke

19 to do t ha t , in fac t .

20 MR. JEFFREY: Yes Your Honor a f t e r I ge t

21 to examine my witness on the exact same po in t s he ' s

22 making. Tha t ' s how it works. There ' s a

23 cross-examinat ion and then a d i r e c t examinat ion . Enough

24 sa id .

25 THE COURT: All r igh t . Respec t fu l ly




148

1 over ru led .

2 Q. BY MR. JEFFREY You re in the Hacienda Gardens .

3 What keeps you from ge t t i ng out of bed, walking out t he

4 door , and going back to North Carol ina or San Antone,

5 Texas?

6 A. Well , t h e r e s - - t h e r e s guards . It s

7 b a s i c a l l y - - it s - - c lea r ly , I m not able to l eave .

8 I -- I now have no vehic le to l eave with , and I have

9 s e c u r i t y guards secu r i t y cameras, an 8- foo t or

10 h igher -- a t l e a s t 8 f ee t high fence . And the on ly way

11 out i s through t he secu r i t y guards .

12 Q. What kind of secu r i t y precaut ions were on t h a t

13 fence? Was t he re anything to a l e r t someone if someone

14 grabbed onto the fence?

15 A. There were motion de t ec t o r s .

16 Q. Was t he re a ga te in t he fence around t h i s

17 en t i r e compound tha t a pe de s t r i a n could walk up and open

18 the ga te and j u s t walk out?

19 A. No.

20 Q. Was t he re a ga te con t ro l l ed by guards by which

21 ve h ic l e s could dr ive in and out?

22 A. Yes.

23 Q. I s t h a t how you came in?

24 A. Yes.

25 Q. I s t h a t how you f i n a l l y l e f t a f t e r two or t h r e e




149

1 weeks on October 19 of 2007?

2 A. Yes.

3 Q. Aside from the phys ica l cons t ra in t s what were

4 your orders from the church as to whether or not you

5 could leave?

6 A. We c lea r ly were not able to leave. I t was - -

7 it was expected t ha t I would - - t ha t they would take

8 us - - they would do whatever they were going to do

9 before we would be given author i ty to leave which could

10 have been months.

11 Q. What was your physical med1cal condi t ion a t

12 the t ime t ha t you signed t ha t agreement back on

13 October 19 of 2007?

14 A. I was very ill I was in a tremendous amount

15 of pain . I had - - I had been some t ime ago diagnosed

16 with f ibromyalgia . And l a t e r when I went - - when I did

17 go get medical help there was many other th ings t ha t - -

18 including walking pneumonia numerous other vi ruses and

19 th ings t ha t I was ac tua l ly very very s i ck and I was

20 very - - in - - unable to work very phys ica l ly exhausted

21 in a l o t of pain.

22 Q. The lawyer from Los Angeles sa id something

23 l i ke hey are we t r e a t i ng you well and you been

24 ge t t ing l o t s of s leep . Do you remember t ha t on the

25 video?





150

A. Yes, I do.

2 Q. Would you tell t he Court what whether you

3 were g e t t i n g l o t s of good s leep and every th ing was j u s t

4 peachy keen?

5 A. Well , the - - the t h ree weeks t h a t I was in t he

6 Hacienda, r i g h t before leaving , I was b a s i c a l l y in bed.

7 I wasn t ab le to s leep t ha t much, j u s t because of t he

8 amount of pa in tha t I was in . But I I was r e s t i n g

9 and t r y i n g - - you know, t ry i ng t o s l eep .

10 Q. When you were awake, what was your s t a t e o f

11 mind in te rms of anx ie ty and fea r?

12 A. I was very - - I was very , very sca red about

13 being t he re , because I was scared t h a t I was going to be

14 t aken to t he In t base , to the i n t e r n a t i o n a l base . So I

15 was very sca red and anxious about the p o s s i b i l i t y of

16 t h a t happening.

17 Q. When you had nightmares a t n igh t , what were t he

18 nightmares about?

19 A. The nightmares were about d i f f e r e n t exper iences

20 t h a t I d had when I was a t t he i n t e r n a t i o n a l base .

21 Q. And the i n t e rna t iona l base , t h i s 50,000 check

22 we keep hear ing about , t h a t s t he Church o f Sciento logy

23 In t e rna t iona l?


25 Q. And t h a t s who wrote tha t check to you fo r





151

1 $50,000?


3 Q. And t h a t s the base you were a t in Cal i forn ia?

4 A. Yes.

5 Q. When you say t h a t you had fear about being

6 t aken back to the i n t e rna t iona l base, fear of what? And

7 I d o n t mean to go in to p a r t i c u l a r inc idents or

8 anything, but genera l ly speaking, f ea r of what? What

9 would happen to you?

10 A. Fear t h a t I would be placed back i n to - - t was

11 a place ca l l ed The Hole, and t was b a s i c a l l y a se r ie s

12 o f double-wide t r a i l e r s t h a t were - - had been put

13 toge ther t ha t we were kept in . And I was ac tua l ly

14 b a s i c a l l y locked up in for about seven weeks.

15 Q. Well , in addi t ion to being conf ined in The

16 Hole, s ince you were a lready conf ined there a t Hacienda

17 Gardens, what types of th ings , j u s t - - not inc idents ,

18 but genera l ca tegor ies , what types of th ings happened to

19 you a t The Hole?

20 A. There were bas i ca l ly t imes when we would be

21 made to do these confess ions where you s tand up in f ron t

22 of 30 o r 40 or even one t ime a hundred people , ye l l ing

23 a t you. I was put in a t r a sh can, cold water poured

24 over me, s lapped, th ings l ike t ha t . And t would - - one

25 t ime went on fo r 12 hours .





152

Q. So violence?

2 A. Yes.

3 Q. What about degradat ion?

4 A. There were t imes when some - - the re were some

5 ind iv idua ls tha t were phys ica l ly beaten up. There was

6 de f in i t e ly t imes where I was you know accused of being

7 a homosexual or a lesbian or j us t d i f f e ren t th ings l ike

8 t ha t .

9 Q. Okay. As you sa t there t ha t day October 19 of

10 2007 I th ink you sa id your goal was jus t to get

11 re leased , to get out of the re .

12 A. Tha t s correc t .

13 Q. What - - what was the s i tua t ion in terms of - -

14 as you were s i t t i n g there , leaning forward with your

15 hands clasped were you - - did you have everything ready

16 to go?

17 A. Yes. Everything was completely packed had

18 been loaded in to a minivan and our whole - - pre t ty much

19 our worldly possess ions were in the minivan and we were

20 ready to go.

21 Q. And were you ready to go j us t t ha t day

22 October 19 of 2007 or were you ready to go even before

23 tha t?

24 A. We were ready to go before tha t , but then we

25 were asked - - we were to ld to wait because someone was




153

1 coming from Cal i fo rn i a or someone was coming to - - was

2 f ly ing in . Someone was f l y i ng in .

3 Q. On October 18 were you exc i t ed and looking

4 forward to l eaving?

5 A. Yes.

6 Q. And then you were t o ld , wait , no, one more day?

7 A. Yes.

8 Q. Someone was coming from Cal i forn ia to br ing you

9 papers . Is t ha t - - would you t e l l us whether or not

10 t ha t i s a - - good news to your ea r s a t t ha t t ime to hear

11 of someone coming from Cal i fo rn i a to dea l with you or

12 bad news?

13 A. d o n t know. Actual ly , d o n t - -

14 Q. Okay. Not a very wel l asked ques t ion . Did you

15 have fond assoc i a t i ons with the c hurc h s a c t i v i t i e s in

16 Cal i forn ia?

17 A. No, did not .

18 Q. As you sa t in tha t room being asked those

19 ques t ions by t h a t lawyer from Los Angeles, what thoughts

20 did you have of caus ing any t rouble?

21 A. None. Absolutely none.

22 Q. What did you t r y to do to look coopera t ive and

23 compliant?

24 MR. SPENCER: Object ion, Your Honor.

25 Again, h e s repea ted ly leading his witness . He s






155

1 church was unhappy?

2 A. Okay. Well, we - - we were t o ld - - because

3 t h i s t h i s happened the f i r s t t ime. We did leave in

4 t ha t way and the - - we were t o ld tha t bas i ca l ly we

5 would - - t he r e s a prac t ice in Scientology where you

6 get - - you get declared to be a suppress ive person. In

7 other words, it s l i ke an i ssuance t ha t you are banned

8 from the church, l ike being excommunicated. And then

9 any Scien to log is ts t ha t are connected with you in any

10 way are t o l d t ha t they - - they need to disconnect from

11 you, cease to be in communication with you. I f they - -

12 and if they don t , then they, themselves - - well , the

13 same th ing wi l l happen to them, bas ica l ly .

14 And, so, bas ica l ly , t ha t - - t ha t had a l o t

15 of e f fec t for , pa r t i cu l a r l y my husband, whose mother and

16 fa ther and s i s t e r s and t he i r kids and his own two sons

17 are a l l Scien to log is ts . And bas ica l ly he would - - he

18 would lose h is ab i l i ty to communicate with h is en t i re

19 family . And also my bro ther - - would be the same for me

20 with my bro ther . So t ha t was what we had to face i f we

21 d i dn t do it r igh t .

22 Q. Separate and apar t from family, what about

23 f r iends and acquaintances you d known for years and

24 years while on s t a f f with the church?

25 A. The same - - it would have been the same th ing,




156

1 even people t ha t I ve been c lose f r i ends with fo r 20

2 years or whatever , I wouldn t be able to communicate

3 with .

4 Q. So when the Court looks a t s t a t e o f mind on

5 October 19 o f 2007, in summary, you were a f ra id , you

6 were exhaus ted and sick, and you were confined . I s t ha t

7 a f a i r summary?

8 A. Yes, s i r .

9 Q. And I need to go back in t ime a little b i t j u s t

10 to expla in how we got to tha t poin t on October 19 o f

11 2007, okay?

12 A. Okay.

13 Q. You d i d n t s t a r t out in the church as the

14 capta in over the l a rges t church - - the Mecca o f

15 Sciento logy in the world, did you?

16 A. No, I did not .

17 Q. Give Her Honor, if you would, j u s t an idea of

18 how you got i n to the church and, without grea t l engthy

19 de ta i l , and then what your ca ree r pa th was with in the

20 church.

21 A. Okay. When I was 14 years old my bro ther got

22 in t roduced to Sciento logy. He d read a Diane t ic s book

23 and was very exc i t ed about it And I had j u s t had - - a

24 very t r aumat ic th ing had happened to me in my l i f e and I

25 was very upse t about it And he t o ld me about t h i s




157

1 Diane t ic s book and he took me down to a smal l

2 organiza t ion where we l ived . We grew up in Char lo t t e ,

3 North Carol ina .

4 And I did a course and I rece ived some

5 counse l ing on t h i s t raumat ic th ing t ha t had happened

6 which r e a l l y helped me to deal with it And a f t e r

7 t ha t I - - I d i d other courses .

8 By the t ime I was 15 I was ac tua l ly - - I d

9 had a good amount of t r a in ing . I ac tua l ly did some

10 work - - I worked a t the little organiza t ion in

11 Char lo t te . And when I was 17 I jo ined the Sea

12 Organizat ion - - I jo ined Flag bas ica l ly , which i s a

13 fu l l - t ime commitment for a l i f e t ime , ba s ica l ly , of

14 fu l l - t ime , you know working complete ly dedica t ing

15 yourse l f to it

16 And I worked - - I did many lower jobs and

17 worked my - - worked my way up. After 10 years or so I

18 became l i ke the deputy to the captain , and then a f t e r

19 t ha t I ended up being the capta in for 17 years .

20 Q. What i s the ro l e of - - j us t with in t he world of

21 Scientology, what i s the ro l e of the Flag - - Church o f

22 Scientology Flag Serv ice Organiza t ion among

23 Sc ien to log i s t s around the world j us t so t ha t we have an

24 unders tanding of tha t? What funct ion does it f i l l ?

25 A. I t bas ica l ly serves as so r t of the Mecca of the




158

1 Sciento logy re l ig ion . I t de l ive r s advanced se rv i ces

2 t h a t no other Sciento logy organiza t ion de l ive rs , plus it

3 a l so de l ive r s everyth ing t h a t they de l ive r . It s a huge

4 organiza t ion , but it s l ike the ul t imate - - it s l i ke

5 the pinnac le . It s the top - - the top organiza t ion t ha t

6 a l l Sc ien to log i s t s from a l l over the world asp i r e to

7 come to and do come t o .

8 We del ivered courses and counsel ing in 15

9 d i f f e r en t languages, had - - I d o n t know - - I hope I

10 answered your ques t ion.

11 Q. No. No. That - - t h a t s very wel l answered.

12 Tel l us how you f e l t about your job. I

13 th ink Mr. Spencer asked you something about , well , it

14 was pres t ig ious or something. How did you fee l about

15 doing t ha t job , t h a t ro l e i n the church in terms o f

16 fu l f i l lmen t?

17 A. That job was very tough for me. It was a l o t

18 of work. You re - - you handle a l o t of - - a l o t o f

19 t rauma in peop l e s l i ves . We had - - on average we had

20 probably c lose to 2,000 people there on se rv i ce a t any

21 one t ime. I t was, you know, a huge - - huge area of

22 re spons ib i l i ty , over a thousand employees. A l a rge

23 amount of money t h a t was made and t h a t - - you know, a

24 l o t to do. It was very - - a l o t of work, but I had a

25 t remendous pass ion for what I did . I had a t remendous




159

1 love fo r what we did every day there , and t he r e s u l t s

t ha t we would t h a t we got wi th he lp ing people with

3 a l l manner of th ings .

4 Q. Was t h i s a n ine - to - f ive , f ive-day-a-week job?

5 A. No. I t was ac tua l ly nine in the morning un t i l

6 usua l l y midnight a t night , seven days a week 52 weeks a

7 · year .

8 Q. Was t h a t something tha t , desp i t e the demands

9 t ha t you enjoyed? The work.

10 A. I enjoyed I enjoyed help ing people . I

11 t he re was many th ings many aspects about the work

12 t h a t I enjoyed. I d o n t know i enjoyed i s the bes t

13 word. But you know it was very rewarding and I had a

14 very deep love and purpose for what I was doing.

15 Q. When - - as you look back on yourse l f in your

16 20s and 30s desc r ibe what your hea l t h was l i ke .

17 A. Well I was in grea t hea l th . I would run a l l

18 day long and dr ink cof fee and you know I - - I worked

19 and I was in exce l l en t hea l th .

20 By about the year 2000 I was in more and

21 more pain . I was having to t ake asp i r in or equiva len t s

22 to asp i r in in order to be able to cont inue to work

23 because I was in a l o t of pa in . I d i d n t r e a l l y know

24 why t ha t was. And I did seek medical he lp . We did a

25 l o t of d i f f e r en t medical t e s t s and I was f i na l l y





160

1 diagnosed wi th f ibromyalgia and myofasc ia l pa in syndrome

2 by a l e a d ing rheumato logis t a t the Mayo Cl in i c .

3 Q. And forg ive me if it came out t he re , but I was

4 d i s t r ac t ed fo r a second. About what year was t ha t when

5 you began exper iencing these - - these hea l th problems?

6 A. I t was about the year 2000.

7 Q. Describe for us how t h a t went. Were you j u s t

8 in bad hea l th from then on r igh t up u n t i l October o f

9 2007?

10 A. No. I did a l o t o f work to f ix mysel f . I qu i t

11 smoking. I qu i t a l l caf fe ine . I went on a much

12 h e a l t h i e r d ie t . I exerc ised, I cut back my schedule so

13 t h a t I could get proper s leep . I went to see a

14 s p e c i a l i s t on f ibromyalg ia in LA and I went on to a

15 pro tocol t ha t inc luded t ak ing ce r ta in medicat ions .

16 And over a per iod of t ime - - l i ke it took

17 t ime. t was long and hard but a f t e r seve ra l years I

18 got to a po i n t where I would say by about 2004 where I

19 was f u l l y back to good heal th . I was - - I was f ine . I

20 could - - I was working and there was no problem.

21 Q. So 2004 then you were in good hea l th and you

22 were the cap ta in of the Flag Service Organiza t ion in

23 Clearwater , Flor ida?


25 Q. Did any changes begin to occur in your ca ree r




1 in 2004 in to 2005?

2 A. Yes. I s t a r t ed being ca l l ed by Mr. Miscavige

3 who i s l i ke the head - - the top l eader in Scientology.

4 And I s t a r t ed being ca l l ed out to do d i f f e r en t th ings

5 not in Flor ida . I t rave led to Spain and I t r ave led to

6 the west coas t and I - - I went and spent a couple of

7 months in LA with him working on di f fe ren t pro jec t s .

8 And I went to the i n t e rna t iona l base i n Ca l i fo rn i a and

161

9 I went to England and I went to di f fe ren t - - bas ica l ly a

10 l o t of d i f f e r en t loca t ions and did a l o t of addi t iona l

11 work t ha t was not my normal rou t ine in Flor ida .

12 Q. Who was running the show in Flor ida while you

13 were spending long per iods of t ime in Ca l i fo rn i a and

14 having to go to Spain or England or wherever?

15 A. I - - I mean I was st ll running th ings . I

16 was you know I was using some of my top execut ives

17 to - - to handle a l o t of mat te rs on the ground but I

18 was st ll s tay ing in touch with them and t r ack ing th ings

19 and giv ing d i r ec t ions on th ings to be done and and

20 then I would come back and I would ca tch up on

21 every th ing and you know t r y and - - b a s i c a l l y I was

22 st ll cont inuing - - I was st ll - - I was st ll the

23 capta in and I was st ll fu l ly respons ib le for t ha t

24 for t ha t whole organiza t ion and i t s opera t ions . But in

25 addi t ion I was having to do a l o t of add i t iona l




162

1 funct ions .

2 Q. Give us an idea of the amount of work and the

3 amount of work demands you were experiencing with a l l

4 these new dut ies ge t t ing ca l led to other p laces .

5 A. Well t became very e r r a t i c . I - - l i ke for

6 example would - - would go to the i n t e rna t iona l base

7 and would work with Mr. Miscavige on ge t t ing ready for

8 a big event and t ha t would be th ree or four weeks of

9 work ahead of t ime. We went on to a schedule of

10 s leep ing every other n ight for maybe s ix hours or so

11 but every other night no sleep a t a l l . Like you go

12 bas ica l ly almost 48 hours s leep 48 hours s leep .

13 Eating became very e r r a t i c .

14 All of the th ings tha t had done

15 bas ica l ly to become heal thy became sor t of imposs ible

16 with the - - the l i f e s ty l e between f ly ing very very

17 s t r e s s fu l s i tua t ions . Like had to go - - went to

18 England and had to bas ica l ly corra l the f ive or 600

19 people a t tha t England base to get them prepared for a

20 huge event and you know work on the setups for the

21 event and f l y people in from a l l over the p lace .

22 And then of course when the event was

23 held then we were expected to make very very high

24 l eve l s of income of money. And t was many j u s t

25 many many nights for weeks and weeks on end of very




163

1 little s leep , very , very high s t r e s s , very e r r a t i c food

2 t h ings l i k e t ha t . No exerc i se .

3 Q. I want to t a l k about the s t r e s s aspec t o f it.

4 In add i t i on to t he demands of t he job , a t some po in t d id

5 you beg in wi tness ing and then even exper i enc ing t h ings

6 t h a t invo lved v io lence and degrada t ion?

7 A. Yes I did .

8 I s t a r t e d - - there were t imes where --

9 yes , I d i d many t imes . For example --

10 MR. SPENCER: Well Your Honor ob je c t to

11 the n a r r a t i v e na tu re of the answer . And a l so , I

12 be l i e ve haven t we a l ready gone through t h i s ?

13 MR. JEFFREY: No. We h a v e n t .

14 THE COURT: I d o n t be l i e ve so .

15 MR. JEFFREY: No I ll ask a s p e c i f i c

16 ques t ion , Your Honor.

17 THE COURT: All r i g h t . Thank you.

18 Q. BY MR. JEFFREY In the year 2005 -- you and I

19 have t a l k e d befo re today ha ve n t we?

20 A. Yes we have.

21 Q. Okay. So I know a little b i t of wha t s coming.

22 A. Yes.

23 Q. In the year 2005 what was t he f i r s t th ing t h a t

24 you wi tnessed tha t pe r s ona l ly h o r r i f i e d and f r i gh t e ne d

25 you?




A. I witnessed Mr. Miscavige p h y s i c a l l y punching

2 in t he face and w re s t l i ng to the ground ano the r very

3 sen i o r execu t ive a t Sciento logy In t e rna t iona l l eve l .

4

5

6

Q.

A.

Q.

In 2005 did you l e a rn about The Hole?

Yes I did .

How did you f i nd out about i t ?

164

7 A. Mr. Miscavige br i e fed me about it and exp la ined

8 t h a t he had pu t about 40 execut ives o f Sciento logy

9 In t e rna t iona l i n to - - bas i ca l ly locked up i n t o a room

10 ca l l ed The Hole and he took me t he re pe r sona l l y and

11 showed me .

12 Q. Did Mr. Miscavige tell you about t h ings t h a t he

13 did to humi l ia te and puni sh execu t ives such as yourse l f

14 and o the r s - -

15 MR. SPENCER: Your Honor t h i s j u s t i s

16 i s t o t a l l y l ead ing I mean he --


18 MR. SPENCER: And t he whole t h i ng i s him

19 t e s t i f y i ng .

20 And fu r t he r I would note t h a t it s not

21 been es t ab l i shed t h a t t he person who i s speaking has a

22 r e l a t i o n s h i p with the p l a i n t i f f as opposed to a

23 d i f f e r e n t e n t i t y so hear say .

24 MR. JEFFREY: I ll be happy to ask a

25 non- lead ing ques t ion Your Honor.





165

THE COURT: Al l r i g h t . Thank you.

2 Q. BY MR. JEFFREY What did Mr. Miscavige tell you

3 about methods employed to d i s c i p l i n e h igh l e v e l persons

4 such as your s e l f working in Sciento logy?

5 MR. SPENCER: Excuse me, Your Honor,

6 befo re she answers t h a t , may I t ake her b r i e f l y on vo i r

7 d i re?

8 THE COURT: You may.

\

9 VOIR DIRE EXAMINATION

10 BY MR. SPENCER:

11

12

13

Q.

A.

14 hearsay .

15

Ms. Cook, Mr. Miscavige, did he work for FSO?

No. He did not .

MR. SPENCER: Al l r i g h t . Objec t ion ,

MR. JEFFREY: Yeah. I ll ask a little

16 l e ad - in so Your Honor can eva lua te t ha t .

17 DIRECT EXAMINATION Resumed)

18 BY MR. JEFFREY:

19 Q. Ms. Cook, what i s Mr. M iscav ige s ro l e i n t he

20 world o f Sciento logy?

21 A. His pos i t i on i s as Chairman o f the Board of t he

22 Rel ig ious Technology Center . And the Rel ig ious

23 Technology Center , from my unders tanding, i s an

24 orga n iz a t ion t h a t i s es t ab l i shed s imply and so le ly to

25 pro tec t and ensure t h a t the t r ademarks and se rv i ce marks




166

1 of Sciento logy are - - are kept secure .

2 Q. And so you ve been desc r ib ing for us t ha t you

3 were out in Cal i fo rn i a working fo r extended per iods fo r

4 the Church of Sciento logy In t e rna t i ona l ?

5 A. Yes. Tha t s co r rec t .

6 Q. And who d i rec t ed a l l of your a c t i v i t i e s while

7 a t the Church o f Sciento logy In t e rna t i ona l ?

8 A. Mr. Miscavige.

9 Q. And when - - as we go - - and we re focusing on

10 the 2000s, when you were in Clearwater , Flor ida , running

11 t he Flag Serv ice Organizat ion there , who would r egu la r ly

12 d i r e c t you as a super ior in your job du t i e s?

13 A. Mr. Miscavige.

14 Q. In your exper ience in depth , in t he i n s i de of

15 t he world o f Sciento logy, i s t he re any ba r r i e r between

16 any of t hese organiza t ions in terms o f Mr. M iscav ige s

17 au tho r i ty and i n s t ruc t ion?

18 A. No.

19 MR. JEFFREY: Your Honor, t hen I would ask

20 a ques t ion about what was sa i d by Mr. Miscavige .

21 THE COURT: You may proceed.

22 MR. SPENCER: Your Honor, I still

23 d o n t th ink t ha t t hey ve e s t ab l i shed t ha t he i s an

24 employee or agent of the p l a i n t i f f . It s hearsay .

25 THE COURT: Okay. It i s hearsay .




167

1 Sus ta ined on hearsay.

Q. BY MR. JEFFREY While you were working out in

3 Cal i forn ia , i we go to the year 2006 was t he re a

4 fe l low t ha t went from Flor ida there to work with you

5 named Mark Ginge?

6 Mark Ginge Nelson.

7 Mark Ginge Nelson. G-I-N-G-E?

8 Yes.

9 I s t ha t correc t?

10 Yes. Tha t s cor rec t .

11 What happened with Mr. Nelson who came with

12 Flor ida to Cal i forn ia to work a t in te rna t iona l?

13 He a t tended severa l meetings with me with

14 Mr. Miscavige and he a l so - - we a l so went t oge t he r when

15 we went to the in te rna t iona l base. He witnessed t h i s

16 phys ica l abuse t ha t I mentioned e a r l i e r about another

17 about Mr. Miscavige h i t t i ng another execut ive, and he

18 a lso came with me to - - when I was shown - - when we were

19 both shown The Hole. And when we were in LA, a f t e r

20 t ha t , we - - he

21 MR. SPENCER: Well Your Honor I hate to

22 break her up but t h i s i s a very lengthy na r ra t ive

23 t h a t s way beyond the ques t ion t ha t was asked.

24 THE COURT: Sustained.

25 MR. SPENCER: I objec t .




168

Q. BY MR. JEFFREY When you were in Los Angeles

2 with Mr. Ginge Nelson, what happened t ha t you observed?

3 A. Okay. He was - - he or ig ina ted t ha t he did not

4 agree wi th phys ica l bea t ings or the - - t h i s room, t h i s

5 locked up - - you know, these execut ives be ing locked up.

6 And for t h i s he was beaten up by Mr. M iscavige s

7 a s s i s t a n t . I t was her titl i s a communicator. And

8 he was a l so beaten up by two other guys t ha t were t he re

9 in the meeting with us , which was Henning I c a n t

10 remember Henning s l a s t name and Francois De Jeus t .

11 They were two pre t ty big guys. And he was ac tua l ly

12 taken back in to a room and he was beaten up phys ica l ly

13 for a couple of hours.

14 Q. Anything e l se happen with Mr. Ginge Nelson on

15 your t r i p to Los Angeles?

16 A. Yes.

17 Q. What was t ha t ?

18 A. He was made to l i ck the bathroom f loo r c lean

19 well , l i ck the bathroom f loor for over - - it was l i ke a t

20 l e a s t a h a l f an hour.

21 Q. Did you ever begin to rece ive or were you ever

22 the rec ip ien t of any vio lence?

23 A. Yes, I was.

24 Q. And desc r ibe t h a t for us . Did it begin a l l a t

25 once in f u l l force or did it begin in small ways?




169

1 A. I t was - - it was small ways d i f f e r en t - -

2 d i f f e r en t i nc i den t s of it One t ime I was ca l l ed in to a

3 conference room and asked some ques t ions and he ordered

4 h i s - - h is sec re t a ry to s lap me. And she s lapped me so

5 hard I f e l l - - f e l l over in to the cha i r s .

6 One t ime he - - Mr. Miscavige ordered h i s

7 communicator to break my f inger if I d i d n t answer h i s

8 ques t ion .

9 Q. Was anything done with your f inger?

10 A. I t was bent back very hard . I t was not broken.

11 Q. Did you ever have th ings l i k e water thrown in

12 your face or t h a t so r t of th ing?

13 A. Yes. There were numerous t imes when a b o t t l e

14 o f water would be picked up and the water j us t , you

15 know thrown ac ross - - thrown a t you.

16 Q. Now these th ings, ge t t ing ordered to have

17 someone s l ap you down or throw water in your face or

18 break your f inger , what were the hor r ib l e cr imes t ha t

19 you would commit t h a t would cause these punishments to

20 be i n f l i c t ed?

21 A. Jus t not answer a ques t ion f a s t enough or maybe

22 your express ion d i sp leased him you know maybe you were

23 smil ing or you shou l dn t have been smil ing or you

24 were - - you - - maybe you were g l a r i ng a t him o r

25 something l i ke t ha t .








172

And he sa id , Goodbye. And two men

2 phys i ca l l y took me away to - - to t h i s t r a i l e r a r ea which

3 i s c a l l e d The Hole.

4 Q. Where i s The Hole?

5 A. The Hole i s a t the In t base . It s the

6 i n t e r na t i ona l base which i s a - - it s l i k e a 500-acre

7 area o f l and where, you know, a l l the i n t e r na t i ona l

8 management of f i c e s are as wel l as the -- l i k e audio

9 v i sua l product ions , whatnot , are a lso t he r e .

10

11

12

13

14

Q.

A.

Q.

A.

Q.

And i s it an a t t r a c t i v e place , ove ra l l ?

Yeah. It s beau t i fu l .

I s it very ru ra l ?

Yes, it i s .

And so t h a t we r e c l ea r as we t a l k about

15 te rminology , t h i s i n t e rna t i ona l base , t h i s i s the home

16 of wha t s c a l l e d the mother church?

17 A. Yes. T h a t s co r r ec t .

18 Q. You t o l d us t ha t The Hole cons i s t ed of a couple

19 of , I t h ink , double-wide t r a i l e r s ?

20 A. Yes.

21 Q. What made it a hole - - The Hole r a t he r t han a

22 couple o f double-wide t r a i l e r s t ha t peop le were l i v i n g

23 in? Descr ibe it fo r us .

24 A. It had bars on the windows and the one en t rance

25 was guarded by secu r i t y 24 hours a day.




173

1 And t conta ined in t - - a t t he t ime t ha t

2 I went in to The Hole in May of 2007 t he re was over a

3 hundred t op Sciento logy In t e rna t iona l execut ives t h a t

4 had been put t he re . And The Hole bas ica l ly was some

5 kind of a s lang t e rm tha t had been coined long before I

6 got the re . And t was where you ac tua l ly you a te

7 there , you s l e p t t he re on the f loor and, you know, you

8 never l e f t with the except ion of a br i e f per iod to go

9 t ake a shower and come back.

10 Q. When you say s lep t t he re on the f loo r , did you

11 have cot s or bunks or some kind o f beds?

12 A. No. You s lep t in a - - you were given a

13 s leep ing bag. You s lep t on the f loor in a s leep ing bag.

14 Q. And what were the condi t ions l i ke on the f loor

15 to s leep?

16 A. Well, there were ant s . The place was in fe s ted

17 by ant s , so ant s would crawl on you. And t he re was a - -

18 a two-week per iod during tha t t ime when a l l the

19 e l e c t r i c i t y had been shut off , as ordered by

20 Mr. Miscavige. And t h i s was, of course, in summer in

21 the dese r t , and so the temperature in t he re was about a

22 hundred and s ix .

23 Q. What would y a l l do a l l day long? You re 24

24 hours a day in The Hole. What would go on? Did t have

25 a rou t ine or - -




174

A. There was no rou t ine . I t sor t of depended on

2 d i f f e r en t th ings , but most of what was going on were

3 t hese b iza r re confess ions t h a t are - - I would r ea l l y

4 l i ke to s t a t e t ha t they are not any kind of s tandard

5 Scientology prac t i ce .

6 Q. And in the confess ions , were you the only one

7 t ha t had to do confess ions or did others have to do

8 confess ions?

9 A. Everyone did them.

10 Q. And were there any other forms of di sc ip l ine

11 other than the confess ions?

12 A. There were - - I mean, there were t imes where

13 there was beat ings . There was - - there was, you know, a

14 couple o f very vio len t t imes where people were - - a

15 couple o f guys were phys ica l ly beaten up by many other

16 men in The Hole.

17 Q. What did you do - -

18 A. Being demanded to confess to something t ha t

19 they r e a l l y d i d n t do, and so then t would drag out for

20 hours and they were being beaten and demanded to

21 confess .

22

23

Q.

A.

Confess what? I m not - -

Well, in tha t par t i cu la r example, t was

24 Guillaume Lesevre, who was the Execut ive Direc tor

25 In te rna t iona l , and Marc Yager, who was the commanding





175

1 o f f i c e r of t he top - - of r e a l l y t he watchdog commit tee.

2 And it was demanded t h a t they confess to being

3 homosexuals and having homosexual a c t i v i t y between t he

4 two of them.

5 Q. And then they were beaten?

6 A. Yes. They were beaten .

7 Q. Did you ge t l o t s of good s leep t he re in The

8 Hole?

9 A. No did not . There was - - every n igh t you

10 never knew when you were going to be a l lowed to go to

11 s l eep . There were many t imes , I would say most night s ,

12 woken up -- I was woken up during the n igh t because

13 t he re was a phone c a l l t h a t - - from Mr. Miscavige . And

14 in some cases I was expec ted to p a r t i c ip a t e in t h a t

15 phone c a l l , o r maybe t he re was some p r o j e c t t h a t The

16 Hole had been given to do and we would go fo r some days

17 around t he c lock t r y ing to get it done t h ings l i ke

18 t ha t .

19 Q. Why d i d n t you j u s t t ake of f and ge t away from

20 The Hole?

21 A. It s not poss ib le . It s absolu te ly not

22 phys i ca l l y poss i b l e . You cou l dn t make it pas t

23 secu r i ty . The windows were bar red .

24 Right from t he beginning when I went in I

25 obv ious ly was t r y ing to f i gu re out or p l o t t i n g how to





176

1 how to ge t out and - - but anyway it s j u s t not - - not

2 poss ib l e .

3 Q. When you had to go through these confess ions

4 what s o r t of phys ica l e f fec t s did they have on you?

5 A. Well they had very heavy sp i r i t ua l and mental

6 e f f ec t s . In terms of phys ica l ef fec t s I mean you had

7 to s tand t he re for long per iods of t ime. As I sa id one

8 t ime was for 12 hours. Sometimes it was only for two or

9 th ree hours but still, it was - - I was not in good

10 phys ica l condi t ion a t a l l . I t was very hard for me to

11 do. I t was a l so - - you know if you had the the cold

12 water being poured over you t ha t was a lso you know

13 uncomfortable.

14 And a l so a t the t ime I had - - I had an

15 unusual phenomena happening tha t I had not had happen

16 before in t ha t I was very swol len . My l egs and my fee t

17 had got ten very very swollen to more than double t he i r

18 s ize . It was not l ike a little b i t swollen they were

19 very swollen. And I - - I - - and so it was pa r t i cu l a r l y

20 uncomfor table to s tand.

21 Q. When those two men grabbed you and dragged you

22 of f to The Hole did you ge t to s top and pick up your

23 medica t ions and th ings tha t you might l i ke to have with

24 you down there?

25 A. No I did not .

GLYN E .. POAGE CSR RDR CRR166TH DISTRICT COURT BEXAR COUNTY TEXAS



177

1 Q. What was your s i tua t ion as fa r as being able to

2 t ake your medicat ions tha t you needed and your

3 supplements and t h a t s o r t of th ing?

4 A. I wasn t able to . I d i d n t have access to

5 them.

6 But a t one poin t I - - I did go to the

7 secu r i ty guards severa l t imes asking t h a t I needed

8 medical ass i s tance , t h a t I needed to ge t my medicat ions ,

9 and t h a t I a l so was very concerned t h a t I was having

10 pains in my ches t and I had these very severe ly swol len

11 l egs and fee t and I needed medical he lp .

12 And a f t e r the - - about the t h i r d reques t ,

13 someone came from - - t he re was l i k e a person with in the

14 in te rna t iona l base whose job was to be a medical

15 l i a i son , and she came and in terv iewed me and she did go

16 to my room and ge t the medicat ions t h a t I had been

1 7 t ak ing .

18 So a f t e r about t h ree or four weeks I was

19 able to resume those medica t ions . I was not a l lowed to

20 go to the doc tor to get these o the r - - these o ther

21 th ings checked out , but I was given those medicat ions .

22 Q. Did you suddenly miraculously ge t be t te r?


24 Q. So t h a t s a f t e r about th ree weeks. How many

25 weeks did you spend there a l l t o l l ed?




178

1 A. About seven weeks.

2 Q. And would you give us some idea , in your own

3 words of a f t e r you r e i n t he re fo r four o r f i ve or s i x

4 weeks how do you f ee l as a human being?

5 A. You f ee l comple te ly degraded. Very very , s o r t

6 of t e r r i f i e d t h a t you may have to go through ano ther one

7 o f these confess ions or maybe tha t you would ge t bea ten

8 up or , you know you r e a l s o - - because you h a v e n t been

9 s l e e p ing , you r e in a h o r r i f i c menta l s t a t e .

10

11

12

13

14

15

16

Q.

up? Was

A.

Q.

a very ,

A.

Q.

Were you used to , in your l i f e , g e t t i n g beaten

t h a t something you were used to?

No. Never.

And you were a 40-something-year-o ld woman with

very respec ted job?

Yes.

Well how in t he world did it come to be t h a t

17 y o u r e no t in The Hole today and you r e here in San

18 Antonio Texas? How d id you get out of The Hole?

19 A. I got out of The Hole because I managed

20 b a s i c a l l y t he re was about to be a huge even t a t Flag ,

21 where I had worked you know fo r so long . I d been the

22 c a p ta in t he re for 17 years . And t he re was about to be a

23 huge even t t h a t Mr. Miscavige was hold ing . And t he

24 prepa ra t i ons for t h a t event were i n t roub le . The peop le

25 t h a t had been ass igned to do them r ea l l y d i d n t know







180

THE COURT: Al l r i g h t . Sus ta ined .

2 Q. BY MR JEFFREY) What a re the s o r t s o f t h ings

3 t h a t , ge ne ra l ly speaking when these confess ions a re

4 done t h a t y o u r e being prodded to revea l?

5 A. You know your own - - th ings you ve done t h a t

6 a re bad in some way or in some way you ve you ve been

7 a t r a i t o r to - - to Mr. Miscavige o r you ve l i e d or

8 you ve somehow be t rayed , you know your t r u s t . These

9 types o f t h i ngs .

10 Q. And dur ing a l l t h a t t ime whi le you were in The

11 Hole and whi le - - and in - - even maybe in t he weeks

12 l e a d ing up to t h a t , were you having any communicat ions

13 with your husband?

14 A. No. During t he t ime I was in The Hole y o u r e

15 not a l lowed any communications. So I w a sn t ab le to

16 communicate with my husband my family . I w a s n t ab le

17 to communicate with Flag . I wasn t ab le to communicate

18 with anyone outs ide of The Hole.

19 Q. To your knowledge d id anyone in t he world

20 othe r t han a few top people in t he church Mr. Miscavige

21 and some o t he r s , and t he ones t h a t were in The Hole with

22 you d id anybody e l s e in t he world know t h a t you were in

23 The Hole or t h a t you were even miss ing?

24 A. No.

25 Q. So t he re came a poin t in l a t e June of 2007 I





1 i n t e r rup ted you in the progress of - - of your accoun t .

2 Late June of 2007 where there was something going on

3 t h a t t h a t r e a l l y only you could do. And so you were

4 a l lowed to ge t out of The Hole.

5 A. Right . Tha t s r i g h t .

6 Q. Okay. So did they j u s t buy you a p lane t i c k e t

7 and send you back to Flo r ida o r how d id t h a t work?

8 A. No. I went with - - I was e s c or t e d with - - I

9 went with s e ve ra l people a t the same t ime. And when I

10 a r r i v e d a t Flag , a fu l l - t ime - - one person was pu t with

11 me to be with me fu l l - t ime to bas i ca l ly make sure I

12 d i d n t l eave . Even if I went to t he bathroom she

13 accompanied me to the bathroom. She had a r a d io and

14 phone and whatnot . So if t he re was any problem she

15 could have a l e r t e d secu r i t y or whatnot .

16 Q. And was she a Flag person or was she with

17 i n t e r n a t i o n a l o r what? Do you remember?

18 A. She was r ea l l y a r ep resen t a t i ve o f

19 i n t e rn a t i o n a l . She was not F lag Service Organiza t ion .

20

21

22

23

Q.

A.

Q.

A.

Right

Yes.

Going

Yes.

there with you in Clearwater?

to t he bathroom?

181

24 Q. From the t ime tha t you went i n t o The Hole u n t i l

25 you and your husband - - I m jumping forward a littl





182

1 b i t f l ed shor t ly befo re t h i s October 19 video - -

2 A. Yes.

3 Q. when were you ever not esco r t ed o r watched

4 or guarded?

5 A. I mean never . I d i d n t have a - - a f t e r - -

6 a f t e r , I d o n t remember, maybe a week or two I d i d n t

7 have a fu l l - t ime guard with me phys ica l ly . But I was

8 always in one of the Flag bui ld ings . I w a s n t allowed

9 to dr ive anymore, so I cou l dn t dr ive between bu i l d i ngs .

10 I cou ldn t - - you know, i I had to go somewhere then

11 someone had to dr ive me. And so I would go from, you

12 know, t he main work bui ld ings to the b i r t h in g bui ld ing

13 and back again , you know, with someone - - with someone

14 bas ica l ly t ak ing me.

15 Q. When you got back to Clearwater, Fl o r i da in

16 a t the end of June o f 2007, what was your phys ica l

17 s ta te?

18 A. I was r ea l l y a phys ica l wreck. I was very ,

19 very s i ck . I was very exhaus ted . I was in a t remendous

20 amount of pa in , and I was a l so in a h o r r i f i c menta l

21 s t a t e .

22 Q. What did everyone know a t Flag as to where

23 you d been o r what you d been doing?

24 A. They r ea l l y d i dn t know. They I mean, I

25 th ink they - - they knew t h a t I had been a t the





183

1 i n t e rna t iona l base. They had thought tha t I had been

2 working on prepara t ions for t h i s big event the re , which

3 was pa r t l y t rue . They had no idea what had r e a l l y

4 happened.

5 Q. Well, why d idn t you j us t come back and s t a r t

6 t e l l i n g everybody, gosh, you wouldn t bel ieve , they ve

7 got t h i s th ing ca l led The Hole and you get beaten up and

8 water poured on you and a l l tha t? Why d i dn t you t e l l

9 everybody?

10 A. Because, f i r s t of a l l , it s something t ha t i s

11 not covered in any L. Ron Hubbard pol icy t ha t I d ever

12 read. I t was not something t ha t I cons idered to be

13 standard or okay. From my viewpoint it was very, very,

14 very of f - t he - r a i l s what was happening, so I wouldn t

15 I wouldn t dare t e l l lower - - you know, the - - the

16 general s t a f f what was happening a t t he i r i n t e rna t iona l

17 management base, number one.

18 Number two, it would be very treasonous to

19 do something l i ke tha t . I t would be cons idered very

20 t reasonous to say anything bad about Mr. Miscavige.

21 Q. Did you even come back and your f i r s t night

22 back in bed with your husband, pi l low t a lk , t e l l him

23 about what was going on?


25 Q. Was it apparent? Did you give outward signs






185

1 l i k e a b i g pot of s lop and you d l i n e up wi th your

2 little - - and you d get a bowl of s lop t ha t you a te fo r

3 breakfas t , lunch and dinner .

Q. Can you tell - - give us any more i den t i f i c a t i on

5 than s lop?

6 A. I t was kind of l ike l e f tove rs . It was kind

7 of - - it was l i k e b i t s of meat or b i t s o f s t u f f . I t was

8 l i k e a it was l i k e a soupy kind of l e f tove rs thrown

9 i n to a pot and cooked and bare ly ed ib l e .

10 Q. Did the secu r i ty on you - - would you tell us

11 whether or not there was any changes in your - - your

12 s ecu r i t i e s , the guards t h a t were fo l lowing you

13 fo l lowing you around and observing you, as t he t ime went

14 on back a t Flag? What I m ge t t ing a t i s a t some poin t

15 y a l l escaped.

16 A. Yes.

17 Q. How did t h a t happen?

18 A. I mean, bas ica l ly a f t e r we d been back fo r a

19 few months, maybe it re laxed a little b i t . What we

20 ended up doing was the person t h a t drove us in in the

21 morning, I asked her to dr ive by the bu i l d i ng where the

22 food - - the din ing ha l l for the s t a f f . And she got out

23 of the van and ran in to go pick up some food, and while

24 she had run in I jumped i n to the d r i v e r s sea t and we

25 drove of f with the van.





186

Q. You - - you sa i d we drove of f .

2 A. My husband and I . And we went - - we took the

3 van to a car r e n t a l place and we l e f t - - we l e f t t he van

4 with t he keys and everyth ing t he re . And we r en t ed a car

5 and we proceeded to dr ive to North Carol ina , where my

6 f a the r l i ve s .

7 Q. Did you have any encounters with Church of

8 Sciento logy fo lks on your dr ive from Fl o r i da in the ren t

9 car to t r y to ge t to your dad in North Carol ina?

10 A. Yes. On the way we s topped in South Carol ina .

11 We s topped in a din ing room, l i k e a cafe , to ge t a

12 sandwich. And we were s i t t i n g there ea t ing and we

13 looked up and Kathy True from Flag was s tanding the re .

14 Q. What 's her ro l e in t h i s world?

·15 A. Her job i s what ' s ca l l ed l i ke ex te rna l

16 secu r i ty . And bas ica l ly it s l i k e any kind of ex t e rna l

17 mat te r s t ha t the church cons ide rs to be a t h r ea t or a

18 secu r i ty s i tua t ion .

19 Q. Had you t o ld anybody you were s topping fo r

20 lunch or a sandwich a t a cafe somewhere in South

21 Carol ina?

22 A. No, I had not .

23 Q. How in the world did they t r ack you down to an

24 ea t ing spot in South Carol ina?

25 A. There ' s a procedure when someone of




187

1 s i gn i f i cance or , you know, someone who has been on, you

2 know, s o r t of top d o n t know how to de s c r ibe it

3 Anyway, t h e r e s a procedure b a s i c a l l y where a number of

4 peop le a re put on to t r a c k ing you down, bas ica l ly . When

5 it f i r s t happens , you know, people a re sen t out to t he

6 a i rp o r t , to t he bus s ta t ion or t h i s or t h a t or you re ,

7 you know, t r acked down where your f ami ly l i v e s , and

8 s t a r t b a s i c a l l y a whole opera t ion to t r y and f i nd you

9 and ge t you back.

10 Q. Had you ever had to be invo lved in a sea rch

11 l i k e t ha t , your s e l f , as capta in a t Flag?

12 A. Yes, had.

13 Q. And t he re you a re capta in a t Flag , involved in

14 some sea rch for someone who s l e f t . And and who was

15 d i r e c t i n g you in your a c t i v i t i e s in t h a t search?

16 A. Well , in t h a t p a r t i c u l a r one t h a t was when an

17 execu t ive named Ben Shaw blew, he he l e f t . And he

18 and I was g e t t i n g d i r ec t ion from Mr. Miscavige on the

19 g e t t i n g him found and ge t t ing him handled.

20 Q. And t he re you were in your pos i t i on as c a p ta in

21 o f the Flag Serv ice Organizat ion , but you were g e t t i n g

22 d i r ec t l y i n s t r u c t e d on how to do t h ings by

23 Mr. Miscavige?


25 Q. And whatever happened with Mr. Shaw?





A. We d id f ind him. Actual ly , h i s h i s wife

2 contac ted him and he was convinced to come back. And

3 yeah, and he got worked with to ge t him to agree to

4 s t ay . And h e s still there today.

5 Q. So, you re in South Carol ina in a diner , in

6 walks Kathy True from secu r i ty in the Church o f

7 Sciento logy. What happened?

188

8 A. So she bas i ca l ly wanted us to - - to t u rn around

9 and come back to Flag with her . And I t o l d her t ha t I d

10 a l ready contac ted my fa ther . He s expec t ing us to

11 a r r i v e with in hours . We re absolu te ly going to see him.

12 And she b a s i c a l l y got me to agree to meet

13 with her and t a l k with her in North Caro l ina , where my

14 f a the r i s . And I sa i d t ha t , you know, a f t e r I m

15 f i n i shed v i s i t i n g with my fa ther , during the day, in t he

16 evenings I would be wil l ing to - - to speak with her .

17 Q. Why did you tell - - make a poin t o f t e l l i n g her

18 t ha t your f a the r was expect ing you in j u s t a few hours?

19 A. Because I could - - I unders tood t ha t she had

20 every i n t en t ion of making su re t ha t I d id come back one

21 way or anothe r . And, in fac t , when we walked out of the

22 diner our ca r had been boxed in by o the r ca r s . And

23 t he re were about , I d o n t know, four other guys t ha t

24 were with Kathy True tha t were out t he re .

25 Q. Were these little bookish so r t s?




189

A. No. These were big , bur ly guys. Well, a t

2 l e a s t a couple of them were. And, anyway, we were boxed

3 in by ca r s and with these guys s tanding the re . And so

4 she had to t e l l them t ha t , you know, t ha t b a s i c a l l y

5 t ha t - - to l e t us go. Yeah.

6 Q. And so you went on to your dad s house?

7 A. Yes, I did .

8 Q. And what happened, then, while you were a t your

9 d a d s with rega rd to your r e t u rn i ng to t h i s

10 u l t ima te ly to t h i s room on the videotape on October 19

11 of 2007? What happened?

12 A. So Kathy t a l ked t o us about to both my

13 husband and myself about coming back to Flag. I made it

14 c lea r t ha t I had absolu te ly no i n t en t ion of going back,

15 t ha t I was done with t h i s . And she made a po i n t t ha t ,

16 you know, i we d i d n t go back and handle it r i gh t t ha t

17 bas ica l ly we would - - a l l of Wayne s - - my husband s

18 family would be made to disconnect from him and we would

19 be bas ica l ly excommunicated from Scientology.

20 And in going over t h i s we negot i a ted an

21 agreement , which was tha t we would be wil l ing to come

22 back for a very shor t t ime, a few days, in orde r to , you

23 know, do any f i na l procedures t h a t needed to be done,

24 including, you know, s igning any normal non-d i sc losure

25 bonds o r whatever , and - - and t ha t we agreed t ha t we






191

1 d a d s home how did it sound to you the prospec t of

2 going back to a Sciento logy f a c i l i t y in Clearwater ,

3 Flor ida?

4 A. Well I - - I did not want to do it The only

5 reason why I conceded to do it was r ea l l y fo r my

6 husband because I d i dn t want my husband to l o se his

7 whole fami ly . That would be a r e a l t raves ty . So he - -

8 you know t ha t was the only reason. I - - I did not want

9 to go back.

10 Q. And in fa i rness to your husband had you t o ld

11 him about being in The Hole and being t o r t u r e d and a l l

12 those s o r t s of things?

13 A. No. I had not .

14 Q. So as f a r as what you had communicated to him

15 he knew th ings had got ten bad but he d i d n t know the

16 depth of i t ?

17 A. Tha t s cor rec t .

18 Q. So desc r ibe for us how you get from North

19 Carol ina back to Clearwater Flor ida , heading back

20 towards t h i s room on the videotape .

21 A. So - - because we went in a ren ted car , Kathy

22 convinced us t h a t we should f l y back with her . I

23 v i s i t e d with my fa ther for , I guess about f ive days.

24 And then we f lew back with Kathy True which she

25 arranged bas ica l ly . We f lew back with her to to




192

1 Fl o r i da -- to Tampa. We f lew i n to Tampa on a d i r e c t

2 f l i gh t .

3 Q. So you had an esco r t from secu r i ty , Kathy True?

4 A. Yes. And we went down to baggage cla im and

5 t he re was -- there was a van or an SUV t he re t o pick us

6 up. She walked us in . We went i n . I d o n t t h ink we

7 had any baggage. And we got in the van and drove o f f .

8 Q. And when -- I had sa i d it was a b lack Suburban.

9 T h a t s what I thought . Was it a Suburban or a van?

10 A. To be hones t , I d o n t remember.

11 Q. Okay. W e l l ask Wayne about t ha t .

12 A. Yeah.

13 Q. So you got i n t o the van o r the Suburban and you

14 headed o f f . Where d id you t h ink you were heading?

15 A. We thought we were going to where we had agreed

16 to go t ha t -- t h a t was t h i s - - it was c a l l e d the Regal

17 Palms and it was an a s s i s t e d l i v i n g f a c i l i t y where h i s

18 mom was s tay ing .

19

20

21

Q.

A.

Q.

His mom was a long- t ime Sc i en t o l og i s t ?

Yes she was.

And i s - - why would you f ee l any b e t t e r about

22 going to t he Regal Palms than going to the Hacienda

23 Gardens where you ended up on t h i s video?

24 A. Because it was it s not a Sciento logy

25 f a c i l i t y . They have no no c on t ro l over t ha t




193

1 proper ty . There s no guards , no fences . You re f r ee to

2 come and go as you please . And, a l so , the o ther reason

3 was because I - - I was in p re t t y bad shape and I could

4 get some medical ass i s t ance there .

5 Q. So you re heading towards the Regal Palms,

6 th ink you sa id it was?

7 A. Yes.

8 Q. And what happened?

9 A. Well, when we were on the way t he re was t o ld

10 by Francine La t t i s eu r tha t t h e r e s been a change and

11 t h a t w e r e going to be s tay ing a t the Hacienda.

12 Q. Did you say, wow t h a t sounds grea t ?

13 A. No, d i dn t .

14 Q. What happened?

15 A. She - - mean, was very upse t about t h i s . We

16 were both very upset about it She assured us t ha t , you

17 know, t ha t - - t h a t bas i ca l ly I would be t aken care of ,

18 t ha t would get medical help, t h a t would be able to

19 r e s t , e t ce te ra , and bas i ca l ly convinced me, you know

20 d o n t know. Couldn t jump out of a moving van,

21 bas ica l ly . We were taken to the Hacienda.

22 Q. And when you dr ive up to the Hacienda, i s there

23 a gate?

24 A. There was a gate and the guard has to open the

25 gate .





194

Q. And you pu l l e d through t he gate?

2 A. We pu l l ed through the ga te and went i n .

3 Q. And then t he gate c loses?

4 A. Tha t s r i g h t .

5 Q. Was t h a t the agreement t h a t you had with t he

6 p l a i n t i f f t h a t you were going to come back and go to an

7 enclosed compound t he Hacienda Gardens or was it to go

8 to the Regal Palms an unsecured f a c i l i t y ?

9 A. The agreement was to go to the Regal Palms an

10 unsecured f a c i l i t y .

11 Q. Did t he p l a i n t i f f l ive up to t h a t agreement?

12 A. No. Def i n i t e l y not .

13 Q. Did the p l a i n t i f f give you any cho ice about

14 whether you were going to l i k e it or not l i ke i t ?

15 A. No s i r .

16 Q. When you worked out t h i s dea l with the head o f

17 secu r i ty , going a l l the way up to David Miscavige d id

18 you prepare a mul t i -page document and have her sit down

19 in f ron t of a video camera and execute i t ?

20

21

A.

Q.

No I d i d n t .

So you were going back fo r two or t h r ee days .

22 How l ong were you back there in the Hacienda Gardens?

23 A. Well we were t he re about - - a littl over

24 t h ree weeks.

25 Q. What in the world t akes t h ree weeks to e x i t t he






196

1 t ha t i nd ica t e t h a t t h e r e s something wrong with them?

2 MR. SPENCER: Your Honor excuse me. I

3 th ink t h i s r ea l l y i s ge t t ing way i n to t heo l og i ca l and

4 doc t r ina l mat te r s tha t - - tha t a re not appropr ia te to

5 ge t i n to in a Court of law.

6 MR. JEFFREY: What I ll demonstra te Your

7 Honor i s t ha t the confess ional i s a c i r c u l a r t ha t you

8 can never s a t i s f y and t h e y l l never l e t you go. Tha t s

9 t he purpose o f t h i s . I d o n t ca re about t he doc t r i ne or

10 t he theology of it.

11 THE COURT: Okay. I ll al low a little

12 l a t i t ude .


14 Q. BY MR. JEFFREY What I m ge t t ing a t , Ms. Cook

15 i s if a Sc i en t o l og i s t wants to l eave Sciento logy, what

16 does t ha t say about the Sc i en t o l og i s t , w i th in t he

17 t each ings?

18 A. Well it can be i nd ica t ive of - - t h a t t he

19 person has done something bad or done bad th ings , e i t h e r

20 agains t Sciento logy or - - or done bad th ings otherwise

21 t h a t h e s not disc losed , maybe h e s l i v i n g some kind of

22 une t h i ca l l i f e o r something and t h a t t ha t can cause you

23 to want to leave .

24 Q. And if you confess t h i s bad t h i ng - - fu l l y

25 confess t h i s bad th ing as a Sc i en t o l og i s t , then should




197

1 t ha t make you then no longer want to l eave?

2 MR. SPENCER: Your Honor t h i s t h a t s

3 l ead ing , but also, I mean I th ink h e s - - h e s made the

4 l imi t ed poin t t ha t you were going to permi t him. I

5 th ink he needs to move on.

6 MR. JEFFREY: I asked t he f i r s t par t of

7 it, Your Honor but I d i dn t get to ask the second p a r t

8 of it. I d o n t unders tand what s so hor r ib le .

9 THE COURT: Respec t fu l ly ove r ru led .

10 Please proceed.

11 MR. JEFFREY: Thank you.

12 Q. BY MR. JEFFREY I f I m a Sc ien to log i s t and I

13 say hey I want - - if I m Debbie Cook and I say hey I

14 want to leave Sciento logy and I go through a

15 confess ion, and I confess proper ly t h i s bad th ing , would

16 I still want to leave Sciento logy? I m t a lk ing about

17 with in the prac t i ce and theory.

18 A. I f t h a t s the - - if t h a t s the bas i s t h a t s - -

19 t h a t s caus ing you to leave and you you know re l i eve

20 yourse l f of it, then yes you would f ee l , you know

21 t ha t you no longer need tha t - - you no longer have t ha t

22 des i r e to l eave .

23 Q. And if you f in i sh the confess ion and you still

24 want to l eave , what does t h a t ind ica te?

25 A. I t - - I mean I ll expla in t ha t t ha t i s an




198

1 i n t e r p r e t a t i on t h a t has come about and has happened more

2 r ecen t ly where, you know, it can be drag on and go on

3 and on and on. I t can drag out for months. I

4 ac tua l ly - - we have a f r i end of ours t ha t t r i e d to leave

5 the - -

6 MR. SPENCER: Well, Your Honor, t h i s - -

7 MR. JEFFREY: I d i d n t ask I m sor ry ,

8 Your Honor.

THE COURT: All r i gh t .

10 Q. BY MR. JEFFREY The poin t being, I r ea l i z e you

11 d o n t be l i eve t h i s i s appropr ia te Sciento logy.

12

13

A.

Q.

Right .

But in the prac t i ce , as of October o f 2007, if

14 they say , okay, you want to leave , we ve got to wrap

15 every th ing up, you have to come and do your confess ion,

16 r igh t?

17 A. Yes. Yes.

18 Q. Tha t s what they were asking you and Wayne to

19 do, cor rec t ?

20 A. Yes.

21 Q. And if you did your confess ion and you still

22 wanted to leave , what would tha t i nd ica t e under t h i s new

23 prac t i ce about how good your confess ion was?

24 A. That it wasn t done and it could keep being

25 extended and extended and more and more u n t i l - - you




199

1 know, u n t i l you reached t h a t poin t where you no longer

2 wanted to l eave . That i s how it could have gone.

3 Q. Then you ve fu l l y confessed every th ing and you

4 d o n t l eave?

5 A. Right .

6 Q. So you sa id you had had a concern e a r l i e r , I

7 th ink , when Mr. Spencer was ques t ioning you, you had a

8 concern when you were there , you d been t he re for t h r ee

9 weeks in bed the whole t ime, tha t t h i s could go on fo r

10 months and months?

11 A. Right . Tha t s r igh t .

12 Q. So they c a l l you in and say, hey, we re going

13 to do your confess ion now. How wel l did you reac t to

14 t ha t ?

15 A. I d i d n t r eac t well a t a l l . But I did t r y and

16 coopera te i n i t i a l l y , but then it - - it went very , very

17 poor ly .

18

19

20

Q.

A.

Q.

For want o f a be t t e r term, did you f reak out?

Yes, I did . Very seve re ly .

And what did you do?

21 A. I came back to the apar tment and I wrote them a

22 l e t t e r and I - - ac tua l ly f i r s t , befo re I did t ha t , I

23 ca l l ed my mother , and I sa i d - - I t o ld her t ha t I was

24 t ry ing to leave and t h a t t h i s was r e a l l y dragging out .

25 And - - she knew the circumstances in which I came back.





200

1 She had a l so expected it to only t ake a few days because

2 I had t o l d her t ha t . So I t o ld her , t h i s i s r e a l l y

3 dragg ing out , so -- tha t I was going to tell the church

4 t h a t b a s i c a l l y if I w a sn t out i n t h ree days t h a t I d

5 i n s t r u c t e d her to ca l l t he po l i ce .

6 Q. And you c a l l e d her on a c e l l phone. Did you

7 ge t a Scien to logy- i s sued ce l l phone when they drove you

8 i n to t he Hacienda Gardens?

9 A. No. It was l ike a throw-away phone t h a t we d

10 bought while we were - - when we were out , when we d

11 o r ig in a l l y f i r s t l e f t , and we re fused to t u rn it back

12 in . We re fused to give it i n . And so I kep t it with

13 me.

14 Q. That was the one t h ing you success fu l l y

15 r e s i s t e d ?

16 A. T h a t s r i g h t .

17 Q. And in f ac t , was Wayne t h r e a t e ne d with v io lence

18 if he d i d n t t u rn over t he phone?

19 A. Yes, he was.

20 Q. Wayne i s a p re t t y big guy, isn t he?

21 A. Yes, he i s .

22 Q. He s mar t i a l a r t s t r a ine d?

23 A. Yes, he i s .

24 Q. He won t h a t b a t t l e ?

25 A. Yes, he d id .





201

Q. You wrote a l e t t e r , as you desc r ibed , say ing

2 t h a t you were going to c a l l your mother . You a l so

3 t h r e a t e ne d to harm yourse l f if you were despe ra te

4 enough?

5 A. Yeah. Well a f t e r the phone c a l l , then I wrote

6 a l e t t e r and I bas i ca l ly sa i d t h a t I d t o ld my mother

7 t h a t if I w a sn t out i n t h ree days to c a l l t he po l i ce ,

8 and t h a t if for any reason t h a t t h a t d i d n t work t h a t I

9 would t ake whatever s teps necessa ry to ge t ou t , even if

10 I had to slit my wri s t s , something along those l i n e s .

11 Q. As a Sc i en t o l og i s t , do you be l i eve in

12 commit t ing su ic ide?

13 A. No I d o n t .

14 Q. I s t h a t beyond the pa le fo r you?

15 A. t i s , yes .

16 Q. I s t h a t how despera te you are t h a t you would

1 7 even t h rea t en t ha t ?

18

19

A.

Q.

Yes.

So was t h a t t he only l e t t e r you had ever sent

20 while you were back dur ing t h i s two or t h ree weeks a t

21 the Hacienda Gardens to t he fo lks a t t he church?

22

23

A.

Q.

No.

Had - - what were you asking o r communicating in

24 these l e t t e r s to the church?

25 A. I w a s n t - - I wasn t happy. I w a s n t happy





202

1 about how th ings were going, r e a l l y wasn t what we

2 agreed on. I wasn t going to go through some to r tu rous

3 severa l months of , you know, these confess ions and

4 whatnot . I j u s t wasn t going to do it and tha t I

5 wanted out .

6 Q. Well, if they hadn t kept t he i r agreement with

7 you, why d i d n t you j us t run down to the cour t and get a

8 TRO?

9 A. Because I couldn t get out of the Hacienda.

10 Q. So a f t e r t ha t l a s t desperate l e t t e r , what

11 happened?

12 A. So then th ings changed a f t e r tha t l a s t

13 despera te l e t t e r . There were some people t ha t s t a r t e d

14 meeting with my husband. They r ea l l y d i d n t meet with

15 me much, but they met with my husband to bas ica l ly l e t

16 him know t ha t we were going to be allowed to leave. We

17 were to ld tha t we could s t a r t packing. Yeah.

18 Q. So, did you do tha t? Did you s t a r t packing up

19 your l i f e long belongings?

20 A. Yes. Star ted packing and ge t t ing ready to go.

21 Q. Now t e l l us about the th ings t ha t were agreed

22 upon with regard to you depart ing. For example, why

23 cou ldn t you jus t dr ive out and go wherever you wanted

24 to go?

25 A. Okay. So we we were t o ld bas i ca l ly t ha t we




203

1 cou ldn t - - we had planned to go to l i ve with Wayne s

2 s i s t e r . Wayne s s i s t e r l ived in Cal i forn ia and had a

3 l a rge house and ex t r a room and h e d even t a lked to h i s

4 s i s t e r about t ha t . And she was happy about t h a t and - -

5 so we were planning t ha t .

6 And so Wayne was t o ld t ha t he - - t ha t we

7 cou ldn t - - we weren t al lowed to go to Cal i forn ia , t ha t

8 it w a s n t wanted t h a t we go l ive with family or whatnot .

9 But t ha t , you know, we - -

10 MR. SPENCER: Excuse me. be l i eve t h i s

11 conversa t ion t h a t was not to her , it was to someone

12 e l se , so t h i s would be hearsay c lea r ly . We objec t on

13 t ha t bas i s .


15 Q. BY MR. JEFFREY What were - -

16 THE COURT: Are you a t a poin t , Counsel ,

17 where we can s top for the day?

18

19

MR. JEFFREY: Yes.

THE COURT: Okay. L e t s do t ha t . have

20 moni tor ing in the morning and a 9:15 motion to ente r , so

21 i you come a t 9:30 w e l l rock and r o l l .

22 MR. JEFFREY: Thank you.

23 THE COURT: Uh-huh. You may s t ep down.

24 (Overnight recess a t 4:42 p.m.)

25




204

STATE OF TEXAS

2 COUNTY OF BEXAR

3 I Glyn E. Poage, Offic ia l Court Reporter in and

4 for the 166th District Court of Bexar County, State of

5 Texas, do hereby ce r t i fy that the above and foregoing

6 contains a t rue and correct t ranscr ipt ion of a l l

7 portions of evidence and other proceedings requested in

8 writ ing by counsel for the par t ies to be included in

9 th i s volume of the Reporter s Record in the above-styled

10 and numbered cause, a l l of which occurred in open court

11 or in chambers and were reported by me

12 I fur ther cer t i fy tha t th is Reporter s Record of

13 the proceedings t ru ly and correct ly re f l ec t s the

14

15

16

17

18

19

20

21

22

23

24

5

exhibi ts , i f any, offered by the respect ive par t ies .

OFFICIAL H ND th i s the cJ/ i{ day ofI T N S S Y____..;;;;;J_:.Vr_ru_.1._4 {J rl /_ o or .

Glyn E PoagOffic ia l Court166th Dis t r i c t CourtBexar County, Texas100 DolorosaSan Aritonio, Texas 78205Telephone: (210) 335-2640CSR No 359

Expiration: 12/31/[email protected]




REPORTER S RECORD

VOLUME 2 OF 2 VOLUMES

2 TRIAL COURT CAUSE NO. 2012-CI-01272

3 CHURCH OF SCIENTOLOGY FLAG

SERVICE ORGANIZATION, INC.4

5 vs.

6 DEBRA J . BAUMGARTEN AKA

DEBBIE COOK BAUMGARTEN AKA

7 DEBBIE COOK AND WAYNE

BAUMGARTEN

8

9

10

IN THE DISTRICT COURT

BEXAR COUNTY TEXAS

150TH JUDICIAL DISTRICT

11 HE RING ON MOTION FOR TEMPOR RY INJUN TION

12

13

14 On t he 12 th day of February 2012 the fo l lowing

15 proceedings came on to be heard in the above-en t i t l ed

16 and numbered cause befo re the Honorable Martha Tanner

17 Judge Pre s id ing he ld in San Antonio Bexar County

18 Texas.

19 Proceedings repor ted by computer ized s t eno type

20 machine .

21

22

23

4

25



1



1

2 GEORGE H. SPENCER JR.SBOT NO. 18921001

3 MARK J . CANNAN

SBOT. NO. 037438004 Clemens Spencer

PPE R NCES

112 E. Pecan St ree t Suite 13005 San Antono, Texas 78205-1512

Telephone: 210)227-71216 Attorney for Pla in t i f f

7 RAY JEFFREYSBOT NO. 10613700

8 A. DANNETTE MITCHELLSBOT NO. 24039061

9 DIANA L. WHEELER

SBOT NO. 2407956310 2611 Bulverde Road, Sui te 105

Bulverde, Texas 7816311 Telephone: 830) 438-8935

Attorney for Defendants12

13

14

15

16

17

18

19

20

21

22

23

24

25


2



I N D E X

2 Sta tements by Counsel 4

3 Court Repor t e r s Certificate 15

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

2

21

22

23

24

25

GLYN E POAGE CSR RDR CRR


3



1

2 February 10, 2012, 9:32 a.m.)

3 MR. SPENCER: Your Honor, I spoke to

4 opposing counsel and he s agreed t ha t I can make a br i e f

5 s ta tement before we go any fur ther . I th ink it wi l l be

6 in the i n t e r e s t of everyone, i I may.

7 THE COURT: Certa inly .

8 MR. SPENCER: Thank you very much.

9 May I proceed?

10 THE COURT: Certa inly .

11 MR. SPENCER: Your Honor, the agreement

12 upon which t h i s l awsu i t and our motion for a temporary

13 in junc t ion i s based provided, in de ta i l , t ha t the

14 defendants agreed, for cons idera t ion tha t they got , not

15 to d isc lose conf iden t ia l or pr iva te information about or

16 der iving from t he i r experiences in the church, and not

17 to is sue disparag ing s ta tements about the church. My

18 c l i e n t has demanded such covenants from them for good

19 and s u f f i c i e n t reasons , and the p l a i n t i f f s knew tha t

20 the re had been a problem in the pas t with f a l se and

21 misleading s ta tements of t h i s nature , and we fea red t ha t

22 she would th rea ten to do it again in an at tempt to

23 ex tor t bene f i t s from the church.

24 We heard yesterday t ha t the p la in t i f f

25 admit ted s he s vio la ted these key and essen t ia l




1 provis ions of the agreements in a fundamental manner and

2 has caused i r reparab le harm to our c l i en t . Similar ly ,

3 s he s admitted t ha t she never took any ac t ion to resc ind

4 her agreement or to re turn the considerat ion she

5 rece ived. And, in fac t , has aff i rmat ive ly r a t i f i e d the

6 agreement by her and her husband s ac t ions .

7 As we had pred ic ted and feared , the

8 defendants and t he i r counsel have used the Cour t s own

9 process to make numerous gross , fa l se and disparaging

10 s ta tements which, if made outs ide the courtroom, would

11 c lea r ly v io la t e the agreements.

12 Ms. Cook has disparaged numerous church

13 of f i c i a l s who are not par t of t h i s case. Conduct and

14 charac te r iza t ions descr ibed of other church s t a f f and

15 l eaders i s obviously disputed. The evident extreme

16 f a l s i t y of Cook s statements i s shown by the simple f ac t

17 t ha t she did not have a pos i t ive s ta tement to make about

18 anyone she ever encountered in her Scientology career .

19 As we had pred ic ted to the Court a t the

20 s t a r t of the hearing, the presence of the media in the

21 courtroom in an unprecedented fashion has destroyed any

22 value of the temporary in junc t ion which we would obtain .

23 It s been mooted. It s been rendered worthless .

24 I don t know i f the Court saw t h i s morning

25 the San Antonio Express newspaper s tory , f ront page.



5



6

1 Similar s tory - - he r e s the Above the Fold from a

2 Flor ida newspaper, repor t ing on what 's occurred in the

3 courtroom yesterday. And t he r e s s imi la r s to r i e s from

4 other media out le t s .

5 Fortunately, we bel ieve the admissions

6 t ha t we obtained from Ms. Cook during her tes t imony

7 yesterday wi l l permit us to successful ly seek a summary

8 judgment aga ins t her and her husband, but given the f ac t

9 t ha t the Court has permit ted the defendants to use the

10 processes to dest roy the value tha t we were seeking by

11 t h i s request for a temporary in junc t ion , and as well as

12 under the agreement, we have e lec ted to withdraw our

13 request , as we.'re permit ted to do unders tand Rule 165

14 withdraw our request for a temporary in junc t ion a t t h i s

15 t ime.

16 Of course, any fur ther s ta tements tha t the

17 defendants may make wil l increase the damages t h e y l l

18 eventua l ly have to pay, but going forward with the case

19 in t h i s way prevents the defendants from fur ther using

20 the Court as a pulp i t to engage i n v io la t ions of t he i r

21 agreement and to voice fa l se s ta tements about the

22 churches and i t s leaders under the pro tec t ion of

23 te s t imonia l immunity.

24 We're very concerned t ha t the defendants

25 have used the Court proceedings to entangle t h i s Court




1 in fundamental ecc l e s i a s t i c a l matters t ha t need to be

2 avoided under the F i r s t Amendment.

3 Over a century ago our Uni ted Sta tes

4 Supreme Court made it c lea r t ha t cour t s must abs ta in

5 from examining matters which concern church di sc ip l ine .

6 In fac t , j us t l a s t month in a unanimous

7 deci s ion , the Supreme Court rea f f i rmed the proh ib i t ion

8 of j ud i c i a l in te r fe rence with re l ig ious l i b e r t i e s and

9 the power to determine matters of di sc ip l ine , fa i th , and

10 i n t e rna l organiza t ion in the Hosanna-Tabor Evangel ica l

11 Lutheran Church and School versus EEOC. That was

12 January 12th of t h i s year . And the proceedings of

13 yes te rday were in vio la t ion of t ha t .

14 So as I said , under Rule 165 we re

15 withdrawing our request for a temporary in junc t ion and

16 so the hear ing would be over a t t h i s po in t .

17 Thank you.

18 MR. JEFFREY: Your Honor s ince t he re now

19 appears t ha t t h e r e s going to be - - the Court i s going

20 to have a littl more f ree t ime today could we have a

21 br i e f r ecess so t ha t I could - - t h i s i s the f i r s t I v e

22 heard of it - - so t ha t I could discuss t h i s with my

23 c l i e n t s and then reconvene br ie f ly?

24 THE COURT: Cer ta in ly . W e l l t ake 15

25 minutes.


7



MR. JEFFREY: Thank you, Your Honor.

2 Recess from 9:37 a.m. to 9:51 a.m.)

3 THE COURT: You may be seated.

4 MR. SPENCER: Thank you.

5 MR. JEFFREY: Your Honor, now tha t I v e

6 had a moment to absorb the lega l e f fec t of the ac t ion of

7 the p la in t i f f , I would l i ke to make a request of the

8 Court .

9 For context , yes terday Mr. Spencer, the

10 p la in t i f f at torney, cross-examined a t length my c l i en t ,

11 Ms. Cook in a very vigorous cross-examinat ion. And I am

12 now a t t h i s stage of the proceeding, in the middle of

13 my d i r e c t examination of Ms. Cook.

14 They have announced t he i r posi t ion in the

15 s ta tement tha t was read a minute ago, t ha t it i s the i r

16 lega l pos i t ion tha t they have proved r a t i f i ca t ion and,

17 so, they in tend to leave t h i s hearing and use the

18 cross-examinat ion of Ms. Cook from yesterday as summary

19 judgment proof to prove t h i s i s sue of r a t i f i ca t ion .

20 Coincidenta l ly , the f i r s t th ing tha t I was going to

21 quest ion Ms. Cook about t h i s morning was r a t i f i ca t ion .

22 And, so, it s a very clever move. I

23 acknowledge t ha t . And what I would ask the Court i s

24 tha t I be allowed to do the l imi ted d i r e c t examinat ion

25 of Ms. Cook concerning only the i ssue of r a t i f i ca t ion ,


8



1 so t ha t we have a complete, ra ther than an incomplete,

2 record.

3 MR. SPENCER: May I respond, Your Honor?

4 THE COURT: You may.

5 MR. SPENCER: There i s no r i gh t to

6 proceed. This i s - - it s jus t on a pa r t i c u l a r claim, a

7 very l imi ted claim, but t h i s i s l ike a nonsui t . I mean,

8 the th ing i s over.

9 I f Mr. Je ff rey bel ieves tha t he has - - I

10 know he bel ieves t h i s , but i f there i s addi t iona l

11 tes t imony t ha t his c l ien t would offer on any top ic , t ha t

12 can be suppl ied by a f f idav i t , in her depos i t ion as the

13 case goes forward. There i s zero need to continue with

14 her tes t imony t h i s morning in t h i s th ing, and it c a n t .

15 I mean, the Court doesn t have the power to do tha t

16 because we ve withdrawn our request .

17 So, t h i s i s over and tha t - - I know - -

18 again, c lever . I know why he s doing i t , but c a n t do

19 it. And t he r e s no need to do i t , other - - other

20 than and I respec t Mr. Je ff rey , but , I mean, I th ink

21 t h i s i s sor t of p laying in to exact ly what I d sa id jus t

22 a moment ago, tha t what they want to do i s to continue

23 to have her t e s t i f y in f ront of a bunch of TV cameras.

24

25

MR. JEFFREY: Your - - I m sorry .

MR. SPENCER: So, the th ing i s over. The


9



10

1 hearing i s over, so t he re s no bas is fo r the witness to

2 t e s t i f y . He doesn t need it. And it s, I th ink , a t

3 l eas t par t i a l l y , an improper motive.

4 MR. JEFFREY: Well, I - - Your Honor, I

5 don t know how it s an improper motive when he s tood

6 here and sa id , we got her cross-examination yesterday

7 and we re going to come back and f i l e a motion for

8 summary judgment.

9 I need to make c lea r to the Court tha t

10 or l e t me back up. I t i s t rue what he says . I f he

11 f i l e s a motion for summary judgment, we may f i l e

12 a f f idav i t s to counter t ha t , and t h a t s abso lu te ly t rue .

13 But what we could then receive back from the church in

14 the summary judgment proceeding i s , oh, you ve jus t made

15 t ha t up. She t e s t i f i e d about it in the hear ing and now

16 you ve come back to make a l l t ha t up.

17 We were, th i s morning, going to address

18 the exact i s sue . And, so, i f - - I don t know what the

19 Court i s going to do on t h i s i ssue, but if the Court

20 were t o ru l e tha t we re not allowed to - - t ha t we re not

21 allowed to go through the di rec t examinat ion a t t h i s

22 t ime, I would l ike to a t l eas t be able to make a

23 s ta tement on the record - - and it s not inflammatory, it

24 doesn t have any gory de ta i l s in it - - of what our

25 tes t imony would be in t ha t regard, so a t l e a s t we re not




1 accused l a t e r of , oh, you made t h i s up once you got the

2 summary judgment motion in .

3 MR. SPENCER: I th ink t h i s th ing i s over.

4 And we can accuse her of making it up overnight , i f

5 we re going to make t ha t accusat ion.

6 You know, r ea l ly , Judge, I - - with a l l

7 respec t , I mean, when we announce t h i s it s over.

8 There s nothing more for th i s Court to do.

9 THE COURT: I ll l e t you make your

10 s ta tement in open court - -

11 MR. JEFFREY: Thank you, Your Honor.

THE COURT: - - on the record.2

13 MR. JEFFREY: Your Honor, if we were to

14 proceed t h i s morning and of fe r the di rec t tes t imony of

15 Ms. Cook on the subjec t , we re spec i f i ca l ly looking a t

16 the i s sue of r a t i f i c a t i on . And Mr. Spencer asked

17 Ms. Cook yesterday, on cross examination, in the middle

18 of a long se r i es of ques t ions - - he was asking something

19 about the year 2009, and he said , and a l l t ha t duress

20 was gone in 2009. And she sa id yes.

21 And what we would have offe red t h i s

22 morning i s tha t , f i r s t of a l l , she doesn t know the

23 lega l def in i t ion of duress . And what she understood he

24 was asking about was cer t a in ly her cap t iv i ty and

25 r e s t r a in t and her immediate fear of something very bad


11



1 of tha t so r t happening to her. That was gone in 09.

2 I t was gone when she got to San Antonio, Texas.

3 However, there are other aspects of duress

4 tha t are reported in the case law, such as the th rea t to

5 be separa ted , a l l contact from family, from f r iends ,

6 from business associa tes , and from customers. So, tha t

7 th rea t remained and t remains today.

8 The duress has continued r igh t up un t i l

9 now in sp i te of the fac t tha t we re in l i t iga t ion .

10 They can - - what they take away, they can give. What

11 they give, they can take away in t h i s regard. And tha t

12 would have been her tes t imony in t h i s regard.

13 In addi t ion, the duress or inf luence of

14 being t o ld you may never pract ice your re l ig ion again .

15 To prac t i ce the r e l ig ion of Scientology you need to

16 pa r t i c ipa t e in services . I t s l ike a Cathol ic with the

17 sacraments . You rece ive communion. You go to

18 confession. You go to re l ig ious se rv ices .

19 She has been continuously under the th rea t

20 of being cut off from her sp i r i t ua l l i f e in the church.

21 So, she made tha t comment concerning

22 duress, but she was th inking pure ly about r e s t r a in t , e t

23 cetera . And tha t would have been what her testimony was

24 t h i s morning.

25 Final ly , with regard to the i s sue of


12



13

1 r a t i f i ca t ion and the acceptance of the money, the

2 test imony was and would be tha t they took the two

3 50,000 checks under duress, tha t they were - - they

4 would not have been re leased from the re s iden t i a l

5 compound unless they had taken the money, because the

6 church lawyers know tha t i f you don t take the money,

7 t he r e s c lea r ly no considera t ion.

8 So, they would have been there

9 inde f in i t e ly unt i l they agreed to take the money and to

10 take the - - to s ign the papers.

11 The money was received and spent to s t a r t

12 t he i r new l i f e back in '07. And i f you look a t '09,

13 '10, '11, '12, they 've received no fur ther benef i t s

14 under t h i s agreement. None.

15 So - - but they have remained under the

16 duress of the agreement.

17 They would wil l ing ly , happi ly repay the

18 hundred thousand dol l a r s . All ab i l i t y for them do tha t

19 was dest royed a f t e r December 31 of 2011, when the church

20 took act ion agains t them to cut them of f from a l l of

21 t he i r business associa tes and customers. Their business

22 i s dest royed.

23 Ms. Cook would t e s t i fy tha t she would be

24 wil l ing here and now to s ign a promissory note to pay

25 the money back as they are able, but , l i t e r a l l y , the




1 p l a i n t i f f has t aken away from them t he a b i l i t y to o f f e r

2 the money back.

3 So, the p l a i n t i f f i n s i s t e d t h a t t hey t ake

4 t he money, and then the p l a i n t i f f took away t h e i r

5 a b i l i t y to ever pay the money back. Hopeful ly , t h e y l l

6 ge t back on t h e i r f ee t somehow, but t ha t i s what t he

7 t es t imony would have been from Ms. Cook t h i s morning.

8 And, so, i I l a t e r hear t h a t t h e r e s some

9 c r e a t i o n of t h i s in response to a motion fo r summary

10 judgment, I w i l l a t l e a s t have t h i s record , which I

11 a ppre c i a t e Your Honor l e t t i n g me make. Thank you.

12

13

14

15

16

1 7 r ecess .

18

19

2

21

22

23

24

25

THE COURT: Anything fu r t he r?

MR. JEFFREY: T h a t s a l l , Your Honor.

THE COURT: Anything fu r t he r?

MR. SPENCER: No, Your Honor.

THE COURT: All r i g h t . W e l l s t a n d in

MR. SPENCER: Thank you, Your Honor.

Hearing adjourned a t 10:04 a .m.)



14





DECL R TION OF BERNARD BERT LEAHY

My name is Bernard Bert Leahy. My date of birth is September 20, 1964, and my address is 21 O

Towngate Drive, Wylie, Texas 75098.

1. I am a professional videographer and have been involved in videography production for 19

years.

2. In June 2011, I was contacted by a man who said his name was David Statter, who asked me to

provide videography services for what he described as a reality TV program that he was producing about a

former Scientologist named Marty Rathbun and his wife, Monique Rathbun. I later learned that David

Statter's real name is David Lubow.

3. I met David Lubow in person for the first time on June 14 2011 at the Pier 99 Restaurant in

Corpus Christi, Texas and took a photograph of him across the street from the Pier 99 Restaurant on that same

day. A true and correct copy of that photograph, showing Mr. Lubow in a white shirt and Bart Parr in a dark

shirt,is

attached to this Declaration asExhibit

A . Mr. Lubow introduced me to a group of people at the Pier99 Restaurant who told me they were part of a production crew called Squirrel Buster Productions which

consisted of Richard Hirsch, Joanne Wheaton, Bart Parr, and Ralph Gomez. On the following day, another man

named Jim Moore joined the Squirrel Busters group.

4. While at the Pier 99 Restaurant, Mr. Lubow told us we had to leave immediately because Mr.and Mrs. Rathbun, had been located at the Texas State Aquarium which was near by. The Squirrel Buster crew

and I got into a van and went to the Texas State Aquarium where we found that the Rathbuns had departed.

5. For the next three days, the Squirrel Buster crew and myself were directed by Mr. Lubow to the

home of Mr. and Mrs. Rathbun in Ingleside on the Bay, Texas and other locations in that area where we took

videos of the Rathbuns during which the Squirrel Buster crew taunted and harassed the Rathbuns continuously.

The Squirrel Busters crew took orders directly from Mr. Lubow as to what activities were to be filmed and

undertaken each day I was present.

6. Among other things,

a. Mr. Lubow told me he was able to keep track of the whereabouts of Mr. and Mrs. Rathbunbecause he had employed 2 private investigators to do surveillance and track the Rathbuns'

movements on a 24/7 basis.

b. Mr. Lubow told me that the purpose of the Squirrel Buster's operation was to make the

Rathbuns life a living hell'', and to turn their neighbors against them so that they would be

forced to move.

c. Mr. Lubow told me that Ralph Gomez's job was to provide muscle for the Squirrel Bustercrew.

7. On a couple of occasions that I was with the Squirrel Buster crew, the police arrived to ask what

the Squirrel Busters were doing and to take down our names.

8. In addition to myself, Bart Parr also operated a video camera. Mr. Parr was directed by Mr.

Lubow to upload the video images we had taken during the day and send them to someone in Los Angeles,



California.

9. The Squirrel Buster Productions crew, other than Ralph Gomez, talked to me about theirmembership in the Church of Scientology. By the second day, I was uncomfortable with the Squirrel BusterProductions' activities and their confrontations with Mr. and Mrs. Rathbun. Our activities were an obvious

harassment and invasion of the Rathbuns' privacy.

10. Mr. Lubow promised to pay me $2,000 per week for the Squirrel Buster Productions project,

which he said could last for several months. The amount of weekly payment and the long-term nature of theproject made it an attractive professional opportunity for me. However, by the third day of filming with theSquirrel Buster crew, I was increasingly uncomfortable and embarrassed by the intrusive harassment which theSquirrel Buster crew and I were inflicting on Mr. and Mrs. Rathbun and I decided that I could no longerparticipate in such an operation. The activities of the Squirrel Busters and the related filming were not a realityTV program or documentary as described to me by Mr. Lubow.

11. On June 17 2011 I informed Mr. Lubow that 1 had decided to return home and, although he

asked me to stay, I insisted that I would not continue. Mr. Lubow gave me a check for $900 in payment for myservices. A true and correct copy of the check, drawn on an account in the name of Falcon Industries, Inc. andgiven to being by Mr. Lubow, is attached to this Declaration as Exhibit B . Later, I received a Form 1099from Falcon Industries, a true and correct copy of which is attached hereto as Exhibit C .

12. After I had returned home to Allen, Texas, I called Mr. and Mrs. Rathbun to apologize for myparticipation in the Squirrel Buster Productions.

13. Later, a man who identified himself as John Allender left a voice mail message on my phonestating that he was in charge of the Squirrel Buster Productions, that he liked my work and wanted to hire mefor other projects. By searching for his name on the Internet, I determined that John Allender is a representative

of the Church of Scientology.

14. After returning home to Allen, Texas, my house was under surveillance on several occasions by

persons driving in a white car in the alley behind my house.

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

Executed in Collin County, State of Texas, on the \ · t h d y of October 2013.

Bernard Bert Leahy .





BankofAmerica

l

IIIJ__

Capture Date: 06/20/2011 Sequence#: 4433000871

FALCON NOUSTRIS:S, INC2:)638 LYON$AVE#401 .NEWHAU, CA 91a21

9336

b_=Jl-JI~ 1 2 2 2

I

~ - ~ M I S S I O ~ ~ ~ , Y BANK

11 F o r C . < > l b £ . V C A . i Z ~ ~ J t : f 1.1: oc 2 21.:i 2 2i.1: o 200 51, 2 sn• H 3 ;:, . ~ o o o ..•

~ : _ ~ . . . . h ~ ~ .. ~ ~ ~ ~ ~ ~ - \ ~ ... . ~ . . . . . . 4 i f ~ .. .....

,,....,, ............ • • r• .r_.. . . . . _ . . , ~ • - - • J • . i • • . , . . J ' •• • r•

?> . . . . . . . . - \ .. . ,.. ..... -

) ...:.

..

.' .; ; . ; . ;; . . .... ;

/;/f ;_>l. g . . ,

1: ~ ~ e . r ~ j

• . .. .. . ; :E : ..

; b 6 J d 1 ~ ~ :0 oesaoao54o· 0211?c - iOOG f .l : (9 0 1 1

;, ; . . . 0(J (, ?"i J.9"5 7 ..,..

t", J, .

' ::

...

.:-

:i = : . : ~ ..; .:-: ;;n c : a t :~ ~ ~ : : 1 ~ o _ : : ~

D'

EXHlBIT B...

~ w n , , . , . l l l ; J I . .. -

..



I ndus t r i e s Inc

Lyons Ave.

CA 91321

1'(kntit1c2tion

354-68-5148

E. Leahy

~ o r r n 1099-MISC

Roy;Jities

$1 St;ne ta x 1,vithhe d

EXHI IT C

"'i7

f ) ~ p ~ 1 r t r r : e n t z:: the

If re

required to m

retllm i negligencependhy or uU1Br'

sanction mav beimposed on y()u i

this income istaxabi8 and the RS

detmrnines ihat

not beenreported.

inc



_

DECLARATION OF DAVID LINGENFELTER

I. I David Lingenfelter, am a competent adult and make this declaration based on my personal

knowledge, which is true and correct, subject to penalty for perjury.

2. I was a member of Scientology's Sea Organization from 1986 - 1991. I worked as a·

technical specialist in Golden Era Productions, the audio-visual branch of Scientology's senior

management body housed in church of Scientology International (CSI). While there were

supposedly several echelons of executives from CSI and Religious Technology Center (RTC)

between my position and that of David Miscavige on many occasions David Miscavige found fit

to converse and order me directly. It was understood within Golden Era Productions that

David Miscavige was the highest ranking Sea Org member and regardless of established

channels of command, corporately or otherwise, Miscavige's rank gave him the exclusive right

to bypass all command channels. I observed Mr. Miscavige order many staff from CSI both

management and Golden Era Productions, Flag Service Organization in Clearwater Florida, Saint

Hill in England, and Flag Ship Org (on a ship in the Caribbean Sea).

3. I left employ at the Sea Org s Golden Era Productions in 1991. My wife, son, daughter and I

ultimately settled in San Antonio, Texas in 200 I.4. On 21 January 20 I 0 Mike Sutter and Hansuli Stahli visited my wife and I at home in San

Antonio. This was unexpected as they are RTC staff working for David Miscavige. I knew this

from working at the International Base but had no personal dealings with them while there. As

the visit developed it was clear the purpose of the visit was ts> convince us to cut

communication with Haydn and Lucy James and anyone who had read and agreed with, to any

extent, the spoken and written words of Mark 'Marty' Rathbun. In exchange for information

about the James' and their friends and our disconnection from those people, they would not

declare us suppressive persons (excommunicated member who is considered fair game for

harassment by Scientologists) and reduce our Freeloader debt. The Freeloader is a wildly

inflated calculation for the courses that we took while in church employ; the same courses we

were told were free for having chosen to join staff. My wife and I had been informed that our

alleged debt totaled approximately 250,000.

5. After we complied with RTC's demands to remove certain friends from our Facebookpages, a few weeks later Mike Sutter phoned me in San Antonio and told me that our debt

would be reduced from a quarter million dollars to 1,000 total. From my experience in the

Sea Org, since the Freeloader debit was alleged owed to multiple church organizations (and

corporations) in California, Florida and the ship Freewinds such an order could only come from

Sea Org executives closely connected to the top, Captain Miscavige in RTC.

Page I of 2 30 Sept 2013



My name is David Lingenfelter my date of birth is 27 April 1951 and my address is 4003

Mooresfield St.; San Antonio TX 78217 and I declare under penalty of perjury that the

foregoing is true and correct. Executed in Bexar County State of Texas on the 3 th day of

September 2013.

Page 2 of 2 30 Sept 2013



DECLARATION OF MERCY LINGENFELTER

I I Mercy Lingenfelter, am a competent adult and make this declaration on my personal

knowledge, which is true and cor rect, subject to penalty of perjury.

2. I was a member of Scientology s Sea Organization from 1986 - 1991. I worked as a

Missionary for Commodore s Messenger Org Extension unit in Los Angeles CA. (CMO

IXU). This unit served as compliance insurance for the highest ma.nagement body in the

church, Watchdog Committee (WDC) for the upper-middle management organizations

located in Los Angeles.

3. I left employ at the Sea Org s CMO IXU via the International headquarters Base near

Hemet California in 1991. For several months my husband and I received security

checks - interrogations on a device resembling a lie detector - to make executives at

Religious Technology Center comfortable that we would not disclose anything about

Scientology management to the outside world. The security checks were administered

by RTC personnel prior to leaving the Sea Org. My husband and our daughter and son

and I settled in San Antonio Texas in 200 I

4. former Sea Org colleague of mine named Lucy James called me in late 2009 and told

me that the Dallas Scientology organization needed help with organizing and moving its

central files to a newly purchased building. She asked for my help. I left the next

morning with my son Richard for the Dallas organization and started to help on

whatever was needed. Mike Sutter - who I knew to be a Jong-term Religious

Technology Center (RTC) staff member - would come at different times of the day to

see how far we had advanced on organizing and moving the central files. Mike Sutter

was in the room where all the files were being updated for the new organization

building when Angie Blankenship came into the space. When Ms Blankenship arrived,

Mike Sutter s demeanor turned from commander of c:iperation to nervous subordinate.

Ms Blankenship was clearly in charge and Mr Sutter played the good subordinate part

well. The staff of the Dallas church of Scientology and the several volunteers, me

included, knew Mr Sutter and Ms Blankenship as RTC. Every personnel involved in the

preparations for the opening of the new church knew that they were to comply

immediately with the directions and wishes of Ms Blankenship and Mr. Sutter.

5. On 21 January 20 I 0 Mike Sutter and Hansuli Stahli visited our at home in San Antonio,

Texas. My son said some friends were coming over. I did not know Hansuli Stahli but I

had met Mike Sutter while volunteering at the Dallas Org. While at the Dallas Org Mike

Sutter had said he was from RTC. The visit started out with the Ideal Org project and

how well it was going. We were shown picture albums of the buildings at different cities.

Then the visit changed to saying that the James were not good people and we should

disconnect from them and to others that were connected to them and an undefined

group in Texas that were practicing Scientology outside of the church. If we did so we

would be helping the church and we would remain in good standing with the church.

of2 30 Sept 2013



Mike as I recall, perhaps it was Hansuli although he was silent for most of the visit,

offered to reduce our Freeloader debt so we would be allowed to purchase church

services. The Freeloader debt was a total of all church serves we received while

working for the church although in most cases we were required to take them as they

were job training required for us to do our jobs. Much earlier my husband had been

told via phone call from CSI that the debt totaled approximately 250,000. We would

receive phone calls on occasion asking for money against this debt.

6 After I complied with Mike Sutter's demands about who I should drop as Facebook

friends our Freeloader debt was reduced to 1,000. It is interesting that RTC was

monitoring our Facebook friends as they saw when we disconnected and also added a

person that we should disconnect from.

My name is Mercy Lingenfelter, my date of birth is 16 August, 1949, and my Address is

4003 Mooresfield St. ; San Antonio, Texas 78217, and I declare under penalty of perjury

that the foregoing is true and correct. Executed in Bexar County, State of Texas on the30th day of September, 2013

2 o 2 3 Sept 2013



DECLARATION OF MARK PESCH

1. My n<ime is Mark Pesch , I am over the age of 21 and l have personal knowledge of the facts

stated herein, which I declare are true and correct, subject to the penalty for perjury.

2. Iwas a member ofScientology's Sea Organization (hereinafter, Sea Org ) for Z7 years, from

1978 to 2005.

3. As a Sea Org member, one executive position Iheld was the Treasury Secretary Flag Service Org

(hereinafter, FSO }, at the Flag Land Base in Clearwater, Florida. FSO is the largestScientology

organization in the world. It had about 1,000 staff when l worked there. It was Scientology's

cash cow bringing in approximately two million dollars in income a week to Sea Org coffers.

4. During my service as the Treasury Secretary FSO, David M iscavige was considered the highest

ranking Sea Org officer. As such, even though FSO was supposed to be a separate corporation to

RTC, Mlscavige's orders were given top priority and the entire FSO executlve structure was

geared to force compllance to Captain Miscavige's directives throughout the ·fsO.

5. In 2002, the divisional heads of the FSO were meeting with the head of FSO (Debbie Cook) in the

FSO executive conference room. We were reviewing th production of the week that had just

passed and preparing for what information would be presented to the FSO crew t the weekly

staff meeting. In the middle of the meeting Captain Miscavige walked in unexpectedly with a

handful of his staff. One of his staff carried a small tape recorder so as to record any words

spoken by Miscavige so it could be sent to a transcriber. The written transcriptions were then

edited and distributed to all who received orders during Miscavige's verbal onslaught of

directions. As part of the format of a Weekly Staff Meeting, each divisional head is asked to

. state a flap (non optimum situation in their division) and what their handling is. This is known

s Flaps and Handllngs The Captain fSO wanted to know what each divisionai he d w s

planning to cover during Flaps and Handlings . At this point Miscalvge interrupted the meeting

to state what should be the flap and handling for each divisfon. When Miscavige got to my

division (Division 3 - Treasury), h said my flap should be that the FSO was owed milfions of

dollars by all the other Churches of Scientology for the past training of thei r staff. Captain

Miscavige said that the handlingwas to collect $500,000 per week from the other Churches of

Scientology. This was recorded, transcribed and acted upon as a COB (captain Miscavige)

order . Consequently, I was pressured by executives of FSO throughout the week to collect the

$500,000 and every Wednesday night (last night of he Scientology production week) all the

Treasury staff were ordered to work alt night (no sleep) In an effort to comply to the Miscavige

order.



6. In contacting the 150 or so individuar churches around the world we soon learned that in almost

every case, the <:hurches had substantial outstanding bills owed to non Scientology companies.

These bills would be for things like rent, utilities, phone, food supplies, etc. Per the financial

policies of Scientology, these bills are to be put in dateorder, with the oldest bills paid first. This

is called paying by dateline . Per church policy, bills can ONLY be paid in this fashion. Bills owed

between churches can not be included s part of the dateline. To clarify, it s against policy to

pay a debt to another Scientology church before all outstanding non- Scientology debts are paid

off. Week after week the pressure continued and all of Treasury stayed up all Wednesday night.

Any effort to point out the flaw in the order was looked at as an effort to make captain

Miscavige wrong or Cl (counter intention) to COB. After a few weeks it was determined I was

hopelessly uc to COB . After 7 years of being asuccessful Treasury Secretary FSO, I was given

two choices. I could either go to the RP {Rehabilitation Project Force) or I could get demoted to

the church's furniture mill, permanently for the rest of my life. The RPF (Rehabilitation Project

Force) is where Sea Org members get sent when the way they think or act needs to be

rehabilitated through hard labor and counseling. t usually takes a few years and in some

cases over 10 years, during which the RPF member has no physical contact with their friends,

family, children, spouse, etc. I chose to be demoted to work at the mill.

My name is Mark Pesch , my date o birth is 25 July 1957 , and my address is 18550 SE 246'h

place Covington, WA. I declare under penalty of perjury that the foregoing is true and correct.

Executed in King County, State of Washington, on the 22nd day of September 2013.

Declarant



CAUSE NO. C2013-1082B

MONIQUE RATHBUN

l a i n t i f f ~

v

DAv MlSCA VIGE RELIGIOUS

TECHNOLOGY GENTER CHURCH

OF SCIENTOLOGY INTERNATIONAL

STEVEN GREGORY SLOAT and

MONTY DRAKE

Defendants

DECL R TION OF MICH EL RINDER

My name is Michael Rinder, I am over the age of21, and I have personal knowledge of he facts

stated herein., which I declare are true an d correct subject to the penalty for perjury.

1. I was raised in a Scientology family from the age of six. I joined. church staff in April 1973 at the

age of eighteen and remained a full time employee until June 2007.

2. For most of he time between 1982 and 2007 I was a senior official U 1 the Church of Scientology

International (CSI), the so-called mother church of Scientology. I was on the Board ofDirec tors

of CSI from its inception in 1982 until I left in 2007.

3. During the majority of he time between 1982 and 2007 I was the most senior official within CSI

responsib le for external affairs , meaning government and medi a relations, investigations and

intelligence operations, as well as all litigation and contract matters. This function is performed

by the Office of Sp<. -cial Afifilrs ( OSA ) and I was the head ofOSA for most of his time.

4. I have read Defendant Church of Scientology International s 'Anti-SLAPP Moti<m to Dismiss

Plaintiff's First Amended Petition and attached affidavits of Allan Cartwright, Dav.id Lubow,

John Allender, Richard Hirst, Monty Drake and Steven Sloat and I have also read Defendants

1



Miscavige and RTC Special Appearances and requests for dismissal alleging this court does not

have jurisdiction. I have relevant infonnation concerning both of these efforts to dismiss thiscase.

Miscavige and e

5. Though a CSI employee, I answered directly to David M.iscavige (the self:.titled Chairman of the

Board of Religious Technology Center or 'COB RTC or nowadays simply COB ) and

ReligiotL5 Technology Center, either directly to .Miscavige or through his r'<presentatives,

primarily Mark ( Marty ) Rathbun and to a lesser extent Warren McShanc an.d Mike Sutter.

Even when there was someone who was administratively senior to me in CSI, they were senior

in title only. RTC still directed my activities and I reported to one of he four named individuals

above.

6. I have more than two decades of personal experience working for David Miscavige dealing with

the most pressing external affairs matters - from negotiations with the IRS to deaJ.ing with

attackers and responding to media and numerous lawsuits. Miscavige has always maintained

personal and direct control ove ' situations he folt threatened his _position of authority and power

within the church or would harm his image. To facilitate this without subjecting himself to

liability, an elaborate corpord.te structure was put :in place to shield his involvement in direct

actions, particularly those that are unsavory or could generate damaging PR or could drag him

into litigation.

7. I was selected by David Miscavige and brought to Los Angeles from Florida in April 1981 to

participate in the purge of he Guardian's Office which had been the ann of he church that had

been responsible for extemal affairs bnt had been caught and prosecuted by the US

Government for illegal acts. This in tum had engendered civil litigation which at the time was

moving towards judgments against the church and threatened to drag Scientology founder L Ron

Hubbard into civil and potentially criminal liability. Marty Rathbun was also part of his small

group ofpeople hand selected by Miscavige. OSA is heir to the ro.lc of he Guardian's Office.

8. At Miscavige's direction, extensive and elaborate methods were employed to shield Hubbard

from liability. After Hubbard died n 1986 and Miscavigc took over, similar methods were

employed by Miscav.ige to shield himself from liability.

2





contained specifics of all ongoing activities of Private Investigators and intelligence operations

working for the church against attackers . This was delivered in an unmarked, sealed envelope

with no indication who it was from or who t was to and is labeled Secret -- Eyes Only. On

hundreds o.f occasions David Miscavige 1>1Jecifically commented upon, issued orders concerning,

and even micro-managed the format of he OSA Daily Reports. When I wac; in a different

location from Miscavige, he would call me on the phone every single day first thing to direct

what was to be done about matters raised n the OSA Daily Report (it was the first thing he

looked at before even getting dressed when he woke up in the morning) and he would call me

again at the end of thc day to ask if here was any other s i ~ ' l i t i c a n t news . Some days, if here

was an investigation or legal case or media matter that he was especially interested in he would

call me several times during the day. All staff n OSA knew that phone calls from COB were

highestpriority

and any meetings orother

matters wereto be

interruptedto

take a call fromCOB. Staff in OSA Int saw me receive literally thousands of phone calls from COB. When

we were in the same location, I would be summoned to his office several times each day.

13. Each and every OSA Daily Report and Intel or Invest Daily Report that was produced daily from

1981 to the present is filed both in electronic and hard copy form at OSA. It is long-standing,

fim1, unalterable Scientology policy that every report generated by OSA is f.aithfully and

securely kept on file for eternity. '. be files are considered to be the mind of he organization.

Corporate ines of Control The Sea Organi7..ation

14. In addition to the compartmented information and sensitive matters not being put in writing, an

elaborate corporate structure is in place on paper intended to insulate Miscavige and RTC from

any civil or criminal liability. I helped establish ihis structure starting in 1981, creating the

different corporations of Scientology including CSI and RTC. This structure served three

purposes: making a legally defensible structure that the IRS could ultimately grant tax exempt

status to, creating an impenetrable corporate shield to limit liability to Hubbard (and

subsequently Miscavige) and protecting assets from judgments by litigants by locating them n

different corporate entities than those that were in direct contact with the public.

15. In fact, there is no corporate sepamti on in the Scientology hierarchy because the entir e :;.tructure

of Scientology corporations is completely subservient to the Sea Organization ( Sea Org or

4



SO ). And that is underthe unquestioned authority of its supreme commander, Captain David

Miscavlge.16. The Sea Org is a fraternity of the most dedicated members of Scientology. They pledge

themselves to eternal service, signing a billion year contract. Sea Org members live in church

facilities and have no life outside the church. The name derives from the late 1960's when LRon Hubbard took his most dedicated and trusted followers to sea 011 a fleet of ships. Hubbard

assumed the naval rank of Commodore and the naval traditions of nk and command structures

became part and parcel of he leadership of Scientology.

17. Everyone in CST and RTC and all other senior organ.it..ations ofScientolo 'Y are members of he

Sea Organization. I was a member of he Sea Organization from 1973 until 2007 and as all Sea

Org members are required to do, I signed a billion year contract , committing myself to an

eternity in service of Scientology and dedicating myself without question to the Sea Org strict

and unquestioned code of conduct.

18. The real control of Scien:tolo 'Y lays witl:rin the Sea Organization hierarachy. Every person in any

position of authority in the international structure of Scientology is a Sea Org member. Every

one of them is answerable to Miseavige. He uses a contrived title that makes him sound like a

Board Chairman of a normal corporation. 1bis is a deliberate ruse. He is really the most senior

official of he Sea Org and as i,uch has complete and unquestioned authority over every Sea Org

member regardless of their coi:porate poifrtion •

I 9. When Hubbard died in 1986 and Miscavigc took over to follow in his footsteps - Hubbard's

rnnk of Commodore was retired. Miscavige assumed the most senior rank of Captain. This

bestows upon him ultimate seniority of command and authority over everyone else in the Sea

Org (meaning every person in any position of authority inScientology no matter their corporate

position). Jnternally in Scientology. even members who are not in the Sea Org rcfor to him as

Captain Miscavigc and he is identified n church publications accordingly.

20. When this true line of command and control was brought up in litigation in the 1990's by

former Sea Org members, Miscavige went to extraordinary lengths to camouflage his control by

appointing a number of other people to the rank of Captain (brevet). Brevet means

temporary. In that way he was able to submit a declaration to the court claiming that because

there were other Captains he was not in fact able to exercise sole control of the Sea

Organization. That conclusion was false, though his assertion that there were other Captains

5



was literally true but the 0th.er Captains were tempor ry and each understood Misca:vige could

take away their rank as quickly s he had bestowed it. And. he did so. After that declarationwas filed he subsequently demoted every person he mentioned, not a single one of them retained

the rank of Captain (brevet).

21. In Scientology, Corporate Boards are window-dressing. The members of the Board of CSI had

nc> idea what their duties imd .responsibilities were. As the head of OSA and thus responsible for

maintaining col'porate regularity I would direct board minutes be put together and sent to the

various board members of CSI and many different corporations for the Directors to sign. Many

<lid not even read them. They understood they were merely a fonuality required for maintaining

corporate rel:,rularity but it had nothing to do with their actual operations. Every member of

every corporate board and all officers (including CSI and RTC) had signed undated resignations

that could be activated by Miscavige at any time. So too have many of he corporate directors

(myself included) signed false declarations asserting these corporations are real because as

dedicated Sea Org members it is considered far more important to protect L. Ron Hubbard or

David Miscavigc than comply with wog (the Scientology term for non-Scientologists) Jaws

which are considered worthy only ofcontempt.

22. I was directed by Miscavige personally on many, many different situations from lawsuits that he

felt were important, to meeting with key media, to visiting with government officials, to directly

running private investigators and intelligence operations. n each instance the level of micro

managing Miscavige engaged in is hard to believe.

Miscavige onnection to Texas

23. Out of litemlly dozens, i not hundreds of examples, 1 recount what happened wit h the Aznarans

in 1994, primarily because they were Texas residents and the events took place n Dallas. Vicki

Aznaran, like Mark Rathbun, was previously the Inspector General of Religious Technology

Center. She was ousted by Miscavige and left the church and she and her husband filed suit

against a number of church entities in 1988. Miscavige considered her a threat due to her

knowledge of the power stmgglc he had been engaged in after the death ofL. Ron Hubbard in

1986. knar.m ha<l l<: kc:n sides against Miscavigc: and lherefore she and her husband had become

enemies.''

6



24. ln 1994 the Azn<mm's called the church and said they wanted to engage n settlement discussions

to resolve their lawsuit.25. Miscavigc called me, told me in detail what he wanted done and sent me lo meet with Richard

Aznaran at Dallas-Fort Worth airport. I was instructed by Miscavige to secretly record the entire

meeting so Miscavige could hear every word that was said. I covertly recorded m.y meeting with

Mr. Aznaran as Miscavige had ordered.

26. When I returned to Los Angeles, M.iscavige listened to the recording and then directed that I set

up a settlement meeting with the Aznarans in Dallas. He gave me very explicit instructions. I was

sent back to Dallas V'lith Miscavige lieutenant, and RTC staff member, Mike Sutter and met with

Richard and Vicki Aznaran in a suite in the Adolphus hotel in Dallas. Richard and Vicki were

represented by Vicki's sister as they we.re dissatisfied with the lawyer who had been

representing them (Barry Van Sickle) and they wanted to be paid directly without Van Sicklegetting anything.

27. I negotiated a settlement with the Aznaran's over two days in Dallas. I was called by Miscavige

at least every hour and had to give detailed descriptions of everything that had transpired and

then received more detailed direction from him on what was to be done. As has now become

st. Uldard practice in all Scientology settlements, we were required to get the Aznarans to sign

declarations that could be used to o u n t ~ r statements they had earlier made in the course of their

lawsuit.

28. Sutter and retumed to Los Angeles. We worked in Miscavige's office on the l l h floor of he

Hollywood Guanmtee Building (HGB) 1710 Ivar Ave. (which also carries the CSl address of

6331 Hollywood Blvd) n Hollywood putting decfarations - favorable lo Miscavige himself that

Miscavigc had dictated- into final fbnn. We typed them up and submitted them to Miscavige for

his approval. Miscavige then despatched me and Sutter back to Dallas to get these signed and to

tell the Azzmrans that ifthey wouldn't sign them there was no deal and they would get no money.

28. The Aznaran s halked at signing the documents. Some modifications were made tn things the

Aznarans considered were too blatantly and provably false. Every change required approval

from Mi.scavige via telephone. fhe disagreed with tile wording they wanted Miscavigc dictated

a different version to go back. to them.

29. Miscavige was also directly and personally involved n other matters I am aware of related to

Texas. Private Investigator Monty Drake was tL >ed to gather information on Dell Llebriech in

7



Dallas Texas. Dell Licbriech was the plaintiff in a civil lawsuit filed in Florida on behalf ofLisa

McPherson who had died under church care. Miscavige had been personally involved in theadministration ofScientology counseling (auditing) to Ms. McPherson and was extremely

concerned that he would be .implicated in the case. He, Marty Rathbun and I essentially relocated

to Florida from 1998 through 2002 to work almost exclusivdy on the case. Miscavigc controlled

every single aspect of t primarily through Rathbun and me - from meeting with lawyers and

experts to responding to protestors and making statements to the press. Not a single thing relating

to the McPherson case was done that was not ordered by him. Not a single thing happened

relating to that case that he wa > not immediately apprised of. Not a single utterance was made to

the hundreds of media who repeated y inquired of he church about the case without Miscavige

either dictating the words to be spoken or authorizing them. All intelligence operations against

the McPherson family and their lawyers were conducted only at the direction of or with prior

approval of Miscavige.

The Hole

30. From January 2004 offand on through 2007 I was incarcerated by direct order of David

Miscavige in wh t he called The Hole." This was formerly the building on the church

"international headquarters" property in Hemet known as the Int Tmiler" as it consisted of wo

double-wide trailers connected by a conference room. Myselfand in excess of one hundred other

Sea Org members were confmed to this building for months on end by order ofMiscavige. This

included all the other former "Captains" of he Sea Org, including those from CST and £AS

entities the church alleges are NOT tuider the control of Miscavige and RTC but ARE manned

by Sea Org members and thus do in fact answer to his ultimate authority.

31. We slept on the floor and ate all our meals within that building. It was Iite1ally turned into a

prison, with bars on the doors and windows and a 24 hour-a-day security officer guarding the

only entrance. Warren McShane was assigned by Miscavige as the "Warden" of he The Hole

and he reported directly to Miscavige about the personnel and activities in The Hole. The only

person anyone incarcerated in. the Hole could communicate with outside the Hole was Mr.

Mcshane."

32. Virtually the only thing that happened in The Hole was efforts to extract "confessions" from

people about their misdeeds and "evil intentions" towards Miscavige. This was done by "group

8



pressure" - dozens of people screaming at you for hours on end, sometimes physical assaults,

even torture, Jack of sleep and food. I think everyone who was in the Hole eventually wrote selfincriminating "confessions" in an effort to prove to Miscavige that they no longer needed to be

held prisoner. If he "confession" was not sufficiently contrite or dramatic, it would be rejected

and the mental and physical torture would resume.

33. During some periods between 2004 and early 2006 The Hole and its occupants were temporarily

repri.eved for no apparent reason. But after a while, Miscavigc changed his mind again and The

Hole would be put back into operation. In early 2006 it becamt.: a pem1anent upt:ration unlil I left

itin March 2007.

34. Select people that Miscavige needed would e allowed OUT of The Hole to conduct specific

activities for Captain Miscavige. On a number of occasions I was released from The Hole to deal

with the media. Angie Blankenship and Laurance Sturnbke were allowed out of The Hole to

work on specific building purchase and design matters for Miscavige. Once several people in

·n1e Hole were despatched to retrieve (a virtual kidnapping) Clark Morton who had escaped and

fled to Las Vegas. Another time I and several others were temporarily reprieved by Miscavigc

and sent by im personally to "pick up the IAS (International Association ofScientologists)

executives including "Captain" Janet McLaughlin, and bring them to "The Hole." Though

Miscavige and the church claim the IAS is a completely separate and independent organization,

it is manned exclw;ively by Sea Org members, all of whom must answer to Miscavige.

35 ..My last reprieve from The Hole was in late 2006 when I was personally ordered by Miscavige to

assist Tommy Davis. Davis bad hcen taken out of Celebrity Centre Intemational (a church in Los

Angeles) to work directly and only for Miscavige. He had become one of he "Miscavigc

henc unen" he always maintained to can-y ()Ut his express wishes. No mind was paid tQ their

eo·rporate positions Qr functions, they all knew they wci-c answerable to Miscavige al.ld did his

bidding. For many years, I had been in that position. Because Miscavige had put me and the

President ofCSI, Heber Jentzsch in The Hole, he had tu.med to Tommy Davis to deal with

inquiries by BBC anorama in pursuit of a story. Dut Tommy Davis was inexperienced with the

media. Miscavige told me I was to work for Tommy as his ''servant" and that I wa.:; to "lick his

asshole." But soon Miscavigc was calling and kxling me lo repurt on whut Tummy was doing. It

was a standard pattern ofMiscavigc: for every go-tQ guy he had as part ofhis personal team Qf

9



henchmen there was someone else who would report on the person directly to Miscavige. n

earlier times had done this with Mark .Rathbun. and he had done so v.rith me.36. Davis reported to M.iscavige hourly, and sometimes more often, concerning the BBC. f t was

not a phone call it was Blackberry text messages. Many times the messages from Miscavige were

in the name of his Communicator (Laurisse Lou Stuckenbrock nee Henley-Smith his

personal secretary who was with him every waking minute)- she would even speak to Davis and

me on the phone saying the words that Miscavige was telling her to say (he could be heard

saying it to her and then she would relay it).

Mv Escape and SubsequentHarrassment

37. After finally having enough ofMiscavige's physical and mental abuse, and participating in the

lies he was perpetrating on the world, I escaped in June 2007. As a result of this all my family

was ordered to disown me and disconnect from me. My wife divorced me, my children,

brother, sister and mother (my father is deceased) all shunned me and do so to this day.

38. After I spoke to the media in 2009 to confirm information they had been told by Marty Rathbun,

I was staJked and surveiled by private investigators and representatives sent to my then-home

town of Denver, Colorado. Miscavige's personal attorney Monique Yingling and another

attorney (Bill Walsh) from Wash·ington DC, along with Tommy Davi s and Jessica Feshbacb

were sent by Miscavige to attempt to 'settle' with me so that I would withd.n1w the corroboration

I had provided for Mr. Rathbun's interview with the St etersburg Times. They attempted to

use the threat of me never seeing or hearing again from my mother, wife, siblings, and children

to force me to cooperate with their demands not to talk to the media. When I refused to be

intimidated or paid for silence about crimes I had myself witnessed, I became a public enemy of

Miscavige and the church of Scientology in the same fashion as Marty Rathbun. I have been

mentioned by defendants in this case on a number of occasions., tisually characterized as Mark

Rathbun's associate or co-conspirator. y wife (Christie Collbran) and I have been subjected to

a similar campaignofharassment to the Rathbuns as detailed below. Neither me nor my wi fe

have ev<. l· sought to counsel anyone since leaving the church.

39. What l have done is respond to requests for information from the media, starting with speaking

to reporters from the St etersburg Times (now Tampa ay Times . I fell it was my obligation to

make the truth about what goes on inside the church kno\:Vll. I have also been a witness for the

1



FBI and other law enforcement officers who reached ont to me and asked for my assistance in

their investigations. As a result, the church has conducted a campaign of n t i m i d t i o ~ spying,

stalking and 11arassment against me and my wife and those I have worked with very similar to

that conducted against the Rathbuns. Clearly its purpose has only been to attempt to intimidate

me into silence as David Miscavige and his church did not like what I disclosed ahout their

methods and activities. Unlike Mr. Rathbun, I never attempted to nor purported to counsel

former members or apply Scientology to them in any fashion since my departure. What Mr.

Rathbun and I hold in common is that we spoke out about what we witnessed. As a result, the

same tactics applied against Mr. Rathbun have been applied against me and my wife by RTC and

CSI following their longstanding practice of attempting to silence and destroy critics.

40. Since 2009 me (and my wife) have been:

• Repeatedly followed and filmed by Private Investigators (including DavidLubow),

• Harassed by Squirrelbusters (including Ed Bryan who was arTested while

engaged in one of his efforts to harass me on a business trip to Miami),

• Had my garbage taken y church P.I s,

• Had surveillance cameras trained on my house from neighboring homes and from

a specially constructed bird house in a neighboring property.

• Had friends, people I have worked with and for and neighbors noisily

investigated, by Private Investigators working for the church,

• Spies have been sent to t y and inveigle themselves into our lives,

• A house within sight of our home became the headquarters forPrivate

Investigators watching us 24 hours a day

• I h ve been tailed by up to 6 vehicles at a time driven by Private Investigators

wearing masks when I was in Los Angeles to see the FBI,

• I was followed by at least 2 cars the entire trip when I drove from Tampa Florida

to Houston Texas,

• We have been met aud hassled at airports after the church illegally accessed my

travel plans,

• I have been followed to other cities by PI s filming me including to Australia,

England and Treland well as across the United States,



• My phone records have been illegally accessed resulting a letter from I-Mobile

that they were conducting an internal investigation,

• Had phony postings about Estate Sales at my home put on Craigslist resulting

in dozens ofpeople knocking on my door starting at 6am on Saturday,

• My c r was keyed,

• My wife and children have bce n fol.lowed to the supermarket, to the doctor and to

the park,

• Numerous websites and publications containing false and defamatory statements

about me and my wife have been distributed by the church.

41. lis is all in accordance wit h the pattern and practice of the Church ofScientology. Attached

hereto are two of he key issues that are the operations manual of the church and David

Miscayjge in dealing with anyone perceived as an attacker. The most important sections are

excerpted from each but the complete writings are revelatory and are ironbotu1d and w1bending

policy of he church. The :first details the operating principle of finding out what the person is

seeking to protect and threatening that in order to restrairl the attacker. This is often, as

noted, the person's job but also includes family, particularly .immediate family that the person

feels a need to protect. The second gives some examples about how one can create scenarios that

will cost someone their job by m nuf cturing false evidence against the:;m

1. These persons can always Jose their obs. These jobs, permitting them power to

destroy, aJe valuable to them. This is POINT OF VULNERABILITY.

2. If he person's ob is also not valuable to him or if he cannot be made to cost his ob,

something can be found which he is seeking to protect and ft C8n be threatened.

A. COUNTER ATTACK TO OBTAIN THE REMOVAL OF THE PERSON with a

product of DISMISSED ATTACKER.

B. If on test, A is not feasible, SURVEY TO FIND WHAT THE PERSON

CONSIDERS VALUABLE AND USE fT FOR RESTRAINT.

Exhibit A 28 March 1972 COUNTER ATTACK TACTICS

Example: Gosh Porge is located as an antagonistic source in the Bureau of Mines.

Study Bu of Mines. They frown on corrupt and bankrupt employees, it is carefully

worked out by s1Jrvey. Gosh Porge receives a check for 250 pounds from the Aluminium

Company ofAmerica at his office for tip offandpatents sent and his wife runs up fur

coat bills at Harrods who sue and a man in Soho wants his 1800 pounds gambling

12



debt and •· mistress" calls his boss and demands the return of herdiamonds "Gosh

borrowed" and as it keeps up even Gosh Porge s bestdenials won't prevent his being

sacked.

nd "Legal areas " ike lawyers are point of hit elso.

Without consulting Legal Bu Bish Smish is suing C of S for truckloads. Survey his

ettomeys covertly. One finds they detest "people from the City", veiy prejudiced against

money clauses. So City blokes start appearing on their ines for Bish Smish - will he win

the suit? Broker wants to know can Bish Smish cover his margins?

City bowler het beats up lawyer with an umbrella because Bish Smish said he was going

to get the lawyer to sue him over the "blocks of stock" Bish Smish swindled. Keep it up.

Soon he won't have any lawyer

Exhibit B 28 March 1972 INTELLIGENCE PRINCIPLES

Miscavige Encmv Handlings42. Anything that happens relating to major attacks on Scientology is micro-managed. by

Miscavige. Nobody else has the authority to call any shots on anything that could threatenhis

position. Thus, for example, in 2005 when the Los Angeles Times planned to do a story on

Scientology, Miscavige directed every action, cleared all vi:ritten correspondence (and wrote

much ofit even though it was sent out in my name), listened to recordings of he meetings I

conducted with the reporters and spoke to me on the phone immediately before any meeting I

had with them, during the meeting and immediately after. I would routinely excuse myself from

meetings with the media to deb rief to Miscavige. Between 1997 and 2004 often i l was

recording a media interview Marty Rathbun would be sent along so he could be on the phone

reporting in to Miscavige while I was being interviewed. This happened dozens of imes. 'Ibe

last thing I did in the church in 2007 was deal with BBC anorama and Miscavige literally

micro-managed minute-by-minute with tex t messages, phone calls and numerous encrypted

emails.

43. The same p ttem occurred with investigations into what were labeled anti-Scientologists like

Bob Minton - who for a time was the single biggest thorn in Miscavige' s side. Minton is perhaps

the closest recent example of someone Miscavige considered a similar sort of threat to his

position nd reputation as Marty Rathbun though Minton was not of he same stature s he had

never been an insider who worked directly with Miscavige for years. n fact be had never met

Miscavige.

13



44. Nevertheless, because Mint on publicly asserted Miscavige was involved in Lisa McPherson's

death andthat

he had physically abused his underlings, Miscavige micro-managed the activitiesof he church to put an end to Minton's efforts. At various times Miscavige called me numerous

times a day for updates on Minton. Otherwise it \Vas daily for several years. or someone like

Minton, or now Rathbun, Miscavige required detailed proposals from his underlings (myself.

Rathbun, McShane or Sutter back then - whoever is filling our roles today) on the handlings to

be taken. He in tum issued detailed orders and responses. All of his correspondence is

maintained in a special departme nt that maintains a complete, exact record, both electronically

and hard copy of everything that is sent to or emanated from COB. H1cse are considered to be

the most important documents in the church and they are painstakingly filed and maintained.

'When I last saw them in 2007 there were literally hundre ds or perhaps thousands of3 ring

binders filled with ''CO.B (written) Orders and transcripts of his verbal orders, briefings,

conforcnccs, discussions nd phone calls.

45. hl 1999, Miscavige dispatched Marty Rathbun and me to both Boston and Los Angeles to meet

with Minton. On both occasions he gave us special surreptitious recording devices so we could

record the entire meeting and forward it to him

46. When Minton began picketing the church in Clearwater over the death of Lisa McPherson,

Miscavige ordered pickets to be sent to his home in New Hampshire and also outside businesses

he was engage<l in. He also ordered pickets outside ofMinton's Lisa McPherson Trust office

in Clearwater and at the homes of Minton associates including Mark Bunker. In my e.Kpericnce,

the exclusive source oftb.is sort of confrontation has been Miscavige. He ordered me personally

to arrange a picket and march around the Clearwater Police Department and the St etersburg

imes in J997 and was on the phone with me the entire two hours of the picket.

47. The Squirrelbusters attack that h s been used to harass the Rathbuns in Texas was conceived

and instituted by Miscavige in J984 when he ordered confrontations by the original

Squirrclbusters at David Mayo's facility in Santa Barbara. This \Vas the beginning of the

hostile ''confrontations that continue to this day.

48 I was charged with the responsibility of locating people who would be willing to carry out such

confrontations and harassment and brought in a rnan named Dennis Clark from Hawaii and a

local Scientolo gist Jim Jackson. They in tum retTuited other s to join them. I reported on their

activities daily, n person, to Vicki Aznaran in RTC who relayed the information to Miscavige.

14



Clark and Jackson were instructed that if hey were approached and questioned by anyone

concerning their activities,including media or law

enforcement officials, they wereto claim that

they were merely parishioners'' ofScient<>logy who had decided on their own initiative to

protest Mr. Mayo's activities.

49. n addition to the confrontations Miscavige personally ordered a foll time investigation of

Minton that would find his buttons and get him to stop complaining about Miscavige's abuses

and stirring up trnuble. The investigator I assigned to this was David Lubow. I met with

Lubow in Clearwater and briefed him (relaying specifically what Miscavige told me the

investigator wa > to do). This included extensive surveillance of Minton and his family,

investigating all neighbors and business contact<> and being in his face at all times. Lubow's

reports were relayed by me to Miscavigc as Eyes Only reports or when I was in the same

location as him I verbally relayed them to his face.

2 1 Texas xperience

50. ln April 20 0 I flew to Corpus Christi, e x a ~ where I was met inside the terminal by

individuals dispatched by Captain Miscavige to attempt to intimidate me and prevent me from

meeting an old friend, John Brousseau ( JB ). JB had recently escaped Miscavige's guarded

compound near Hemet, California and made his way to Mark and Monique Rathbun's home near

Corpus Christi. Like Rathbun, JB was an extremely high priority problem for Miscavige as he

had worked closc.ly with Miscavige and Tom Cruise. Miscavige spared no expense to try to

prevent JB from connecting with Rathbun and.me.

51. I had traveled to Corpus Christi with the express approval of he FBI (who paid my airfare) to

detennine whether JB was legitimate and to ask him to speak with the FBI.

52. I soon learned that there were many more than those 5 people despatched by private jet to

Corpus Christi that day. n addition to those 5 ·· Church spokesman Tommy Davis and three

other church executives who at the time worked exclusively for Miscavige (Angie Blankenship,

Laurance Stwnbke and Bob Wright), Tom Cruise's former assistant Michael Doven, Scientology

actors Michael Roberts and Michael Duff, a< well a., several others from Miscavige's personal

entourage at the Hemet church high security base where he lives.

53. Nobody other than Miscavige has authority to order staff from different churches as well as

public Scientologists, to get on a private plane and fly to Corpus Christi to try and prevent JB

15



from meeting with Marty Rathbun and me. TI1c Corpus Chris:i Airport P,:>\ice and )Qcal :FBI

agents ultimately arrived on the scene to cnsllre l had 5afe passage to lea\'c to meet with '.\·1arty

Ra1hbun and JB and subsequently accumpany JB to m.:et with the FB.i in San Antonio 3 days

later.

54. Ow:r the cc•ursc of more than 20 years i 1.:nei.v tile levei of silLlution thm Mis,:a' ige insi$led he

call fu\ shots on: Any international media. Any kgal case that might directl) implicate or

i n o h ~ him. /rny sig;nifical1\ negotiat ions with major govcrnmcms (US. l'K. Spain) concerning

rnx exemption. Potential criminal prosecution in the llni ted Stales. /\.nyone exposing his dirty

laundry and threatening his PR or position. Mart: Rathblln ill.$ ir.10 virtually ali of these

caregories. He has been inte1....-icwed by major international media. He has been a wltuess for

legal cases and provided declarations. f-k was one of the key \\'llllC$scsiinformants for the FBI

investigation. And h<: h a ~ more dirc::t.. pcrsonai knowledge. of the activities of David Miscavige

than perhaps anyone else on earth. Thus, there is not a chrmce> tha1 any action ' 'ould be takenconcerning Marty Rmhbt111 ror his wife) tha\ \1as not either ordered by David '1. iscavige (1r

sanctioned by him in response w a detailed proposal of action requcsr.cd by bim. Of thar there is

no doubt.

My mune is Michad John Rinder. My dare of birth is April HJ'il, 955. J\.ly address is 808

Bentv.ood CL Palm Harbor. Florida.

l declctre under pe.nalty of perjury that the foregoing is true and correG.

Executed in Pinel.las Count''· S.ta::e of floiida, on the 3rc.l da,· of December 2013._ ;

- '\ /

./ \

i ;;< ;f } 1 / / 1 / /

/ : /4 ,./ j / / /. l-t/'C..V '-':O< -' >-< _ ___-/-----····· _ ..._:;,7:'..6- ···- ,

i\Iidia.ol Rindcr

16



DECLARATION OF AMY SCOBEE

1. I, Amy Scobee, am a competent adult and make this declaration based on my personal knowledge,

which is true and correct, subject to penalty for perjury.

2. From 1979-2005, I was a member of he Sea Organization, the senior-most management group of he

church of Scientology. During the vast majority of my career (2 decades) I was posted in the Church of

Scientology International (CSI), located at the 19625 Highway 79 Gilman Hot Springs, California

compound, often referred to as the Gold or Int Base. CS was a formality through which the Sea Org

operated. In all my years at its most senior levels, I never knew who the Board of Directors or corporate

officers of CSI were. I was taught that the Sea Org is what ruled Scientology and tha t its most senior

officer was captain David Miscavige.

3. During my tenure as part of nternational management, I held various positions of responsibility,

which put me Jn direct contact with David Miscavige. This included a 10 year period as a member of the

Watchdog Committee (WDC). WDC was the highest management body in Scientology, the highest

executive echelon of church of Scientology International (CSI). WDC consisted of several executives, each

of whom was responsible for an entire se.ctor of the church operations, including those I was responsible

for the Celebrity Center sector (several separate corporate entities who catered to servicingcelebrities), the Association for Better Living and Education Inc. (ABLE) sector (several 'secular'

applications of Scientology in fields such as drug rehabilitation, education, an criminal reform), Golden

Era Productions (CSl S Audio-visual division), the Sea Org service organization sector (over six

intermediate Scientology incorporated organizations manned by Sea Org members) and Scientology

Class V organization sector (the local Scientology organizations in cities across the world). From my

positions I managed dozens of different Scientology corporations.

4. David Miscavige operated as the only one , in charge of all Scientology management. Virtually all

strategies, if not written directly by him, had to be approved by him before activation. Promotional

campaigns, magazines, management issues or ssue revisions, books, tapes, video or film edits,

personnel appointments or dismissals, use of reserves, space plans, designs, sound mixes, music scores,

etc., required authorization from David Miscavige personally.

5. Miscavige possessed the power from his position and demonstrated his ability to banish anyone fromfurther spiritual enlightenment and could order a sentence to hard labor for indefinite periods of time

and even enforce segregation from family and friends as punishment for somehow displeasing him.

One punishment Miscavige often threatened and used was sentencing to the Rehabilitation Project

Force (RPF), a forced labor and re-education camp operated by the Sea Org. Staff were cowed around

Miscavige and afraid of making mistakes because of fear of such severe consequences for non

compliance. He also had a large entourage of enforcers to see that anything he uttered (usually tape

recorded with transcripts issued) was followed up and complied to.

6. Penalties for non-compliance to orders or directives by David Miscavige were often times gruesome.

Sometimes Mr: Miscavige would resort to violence when he was displeased with CSI managers. I

witnessed Mr. Miscavige physically beat several of my peers, including Mike Rinder, Ray Mithoff, Marc

Yager, Jeff Hawkins and Wendell Reynolds (all nominally members of CSI, but compliant to captain

Miscavige by virtue of their Sea Org membership).



-2-

7. Once Mr. Miscavige claimed that work done on a renovations project was not up to par. He called a

meeting with all of the International Landlord Office personnel (CSI staff ultimately responsible for

renovations of church proper ties). Mr. Miscavige said someone is going to the RPF" (Rehabilitation

Project Force). He randomly and arbitrarily chose one lady to be taken away who subsequently remained

on the RPF for years.

8. n the late n ineties , Mr. Miscavige became disenchanted with CSl's highest ranking manager (WDC

Chairman, my direct superior) Mark Yager. Mr. Miscavige assigned Marc Yager to an area known as

the swamp (because it was a swampy waste water catchment area) on the international headquarters

property. Mr. Yager was required to build a bamboo cage to live in initially and then lived in isolation in

a trailer for nearly two years under 24-hour security watch. Only then was Mr. Yager 'permitted' to join

the RPF where he spent another year or so.

9. I have personally been the subject of severe penalties on order of Miscavige on numerous occasions.

Once he ordered that I be made to run around a tree for several hours with other executives (supervised

and enforced by his deputy Greg Wilhere). Miscavige ordered that I personally pay the Tampa

Scientology organization's monthly rent bill that they failed to cover. Miscavige also orde red that I and

another member of CS dig up an overflowing septic tank and clean it to white-glove standards.

10. It did not matter what David Miscavige's physical location was - he still issued daily orders and

used his RTC staff to ghost us (an intense form of supervision which includes several hours a day of

surveillance) and demand his orders get complied with. wo was required to report to captain

Miscavige every day in the form of a group daily report on our compliance to his orders into various

corporations.

11. over the years, I have spent countless hours in meetings with David Miscavige, listening to him

cover what was to be done in each sector of Scientology. Miscavige often arrived to the WDC (CSI)

conference room with distinctive mi litary uniforms designed to make show of his exclusive, senior

rank of captain. Once, Miscavige even had captain's epaulets tailored-made for his pet beagle,

commenting that his dog was more trus tworthy than any other Scientology executive and that's why he

had to do everythi ng personally''. He wrote a directive called the Jelley Project after his dog Jelley. The

project was a series of steps to off-load people he considered non-complian t and/or unproductive. The

projec t was written in such a manner to let CSl's top managers know that he considered his dog Jelley

to be more productive, compliant and loyal than any of the existing CSI executives.

12. Miscavige was involved in making decisions on the smallest details. Miscavige's assistant directed me

on a project to locate Scientologists for Tom Cruise's household to cover the positions of nanny, cook,

and maid. I was required to find Scientologists who could be counted upon to service Tom Cruise while

remaining more loyal to the church. Miscavige ordered me to obtain a Lincoln town car for the president

of another corporat ion, Celebrity Center International. He ordered that it be a match with another town

car he caused to be purchased for the President's Office of yet another corporation, the Flag Service

Organization (FSO) in Florida. I was ordered to submit office space plans to Miscavige for individual

organizations, corporations other than RTC or CSI, which he then issued detailed rejects on.

13. On many occasions Miscavige berated WDC about how much more responsible and hard working he

was than CSl's senior management members. He often cited the fact that in addition to all of he orders



3

about internal management of he church that he barked out to woe, he also had to personally, tightly

run and control the Office of Special Affairs (OSA) network. On several occasions mid-briefing Miscavige

would turn to Mark Marty Rathbun (Inspector General RTe) or Mike Rinder {Woe for OSA) for

corrobora tion, asking isn t that right? They would answer with the obligatory 'Yes, Sir each time he

asked. Miscavige took credit for virtually every reported positive development on the OSA front and

often complained of having to do everything concerning this-sector himself. At one meeting, in order to

drive the point home Miscavige briefed woe {CS ) on what was happening in great detail in an on-going

series of court cases stemming from the death of parishioner Lisa McPherson. Miscavige told woe how

he had to bypass CSl's Office of Special Affairs (OSA) to handle the McPherson affair personally. He said

that he needed to learn the science of autopsy and the entire anatomy of a human body in order to

direct the cases to success. Miscavige brought a medical school, human ana tomy dummy nto the

conference room to prove his point how he was micro-managing OSA affairs with respect to the several

lawsuits concerning Lisa McPherson.

My name is Amy Scobee , my date of birth is 3 October 1963, and my address is 18550 SE 246th place

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

-·; Kio

co·r= the' ••vo1septemboc2ol3.

Documents

Monique Rathbun v Scientology Affidavits Declarations Part 2 Ocr