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From: Gerry Armstrong <armstrong@dowco.com>
Newsgroups: alt.religion.scientology
Subject: Re: Armstrong Contrary Facts #1
Date: Sat, 27 Oct 2001 10:27:52 -0700
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On Sat, 27 Oct 2001 14:24:35 +0200, File_Clerk@anon.lcs.mit.edu wrote:

>A. THE STATED "FACT":
>
>"I did not take the documents but had legal and organization
>authorization to provide them to Omar [Garrison]... . Your assertion
>that I left $cientology taking a lot of Hubbard documents is a lie."
> Gerry Armstrong
> 16 August 1999
> Message-ID: <37b84d4c.416472712@news.dowco.com>
>
>
>B. THE CONTRARY FACTS:
>
>"Armstrong left the church in 1981, taking with him documents that he
>said were to be used for the biography."
> Newsweek
> December 6, 1982, UNITED STATES EDITION
> SECTION: RELIGION; Pg. 125
> LENGTH: 781 words
> HEADLINE: Is L. Ron Hubbard Dead?
> BYLINE: MICHAEL A. LERNER with DAVID T. FRIENDLY
> in Los Angeles
>
>"Michael Flynn, in opening statements before Superior Court Judge Paul
>Breckenridge Jr., said...archivist Gerald Armstrong made off with a
>collection of Hubbard's personal papers... .
> "Flynn, who has filed suits against the Church of Scientology
>nationwide, said Armstrong brought him the documents for safe keeping
>because he was afraid he might be harmed by church members. ..."
> U.P.I.
> May 3, 1984, Thursday, AM cycle
> SECTION: Regional News
> DISTRIBUTION: California
> LENGTH: 433 words
> BYLINE: By DAVID GREENWALD
> DATELINE: LOS ANGELES
>
>"Armstrong has said he kept the documents because he feared he would be
>sued by the church... . He delivered the records to [Michael] Flynn, a
>Boston-based attorney who has filed lawsuits throughout the country
>against the church and Hubbard."
> U.P.I.
> June 8, 1984, Friday, AM cycle
> SECTION: Domestic News
> LENGTH: 493 words
> BYLINE: By DAVID GREENWALD
> DATELINE: LOS ANGELES
>
>"Armstrong said he left the church in December, 1981, and took about 2
>percent of the accumulated biographical documents that are the subject
>of the court suit."
> U.P.I.
> May 11, 1984, Friday, BC cycle
> ADVANCED-DATE: May 10, 1984, Thursday, BC cycle
> SECTION: Regional News
> DISTRIBUTION: California
> LENGTH: 376 words
> DATELINE: LOS ANGELES
>
>"Armstrong said he took the documents, which he had been using for a
>biography on Hubbard...in order to protect himself against the church."
> U.P.I.
> June 22, 1984, Friday, AM cycle
> SECTION: Domestic News
> DISTRIBUTION: Massachusetts
> LENGTH: 483 words
> BYLINE: By DAVID GREENWALD
> DATELINE: LOS ANGELES
>
>"Breckenridge stated in a memo that while the church had proven that
>Armstrong had illegally taken thousands of documents from the church
>archives and 'may have engaged in overkill' to allegedly build a legal
>case, the former church employee's actions could be condoned because 'he
>was not a lawyer and cannot be held to that precise standard of
>judgment.'
> "...Breckenridge stated that Mrs. Hubbard had likewise proven beyond
>doubt that Armstrong had taken her personal material and invaded her
>privacy, but felt that Armstrong's actions could be overlooked for the
>same reasons."
> PR Newswire
> June 22, 1984, Friday
> DISTRIBUTION: TO NATIONAL NEWS
> LENGTH: 370 words
> DATELINE: LOS ANGELES, June 21

I love this one especially. This is crime cult through and through.

Here, wrap your thetans around the Breckenridge decision, affirmed on
appeal.

[Quote]

Superior Court of the State of California for the County of Los
Angeles, Church of Scientology of California, Plaintiff, Mary Sue
Hubbard Intervenor, vs. Gerald Armstrong, Defendant, Case No. C
420153

MEMORANDUM OF INTENDED DECISION

In this matter heretofore taken under submission, the Court
announces its intended decision as follows:
As to the tort causes of action, plaintiff, and plaintiff in
intervention are to take nothing, and the defendant is entitled
to Judgment and costs.
As to the equitable actions, the court finds that neither
plaintiff has clean hands, and that at least as of this time, are
not entitled to the immediate return of any document or objects
previously retained by the court clerk. All exhibits received in
evidence or marked for identification, unless specifically
ordered sealed (note 1) , are matters of public record and shall
be available for public inspection or use to the same extent that
any exhibit would be available in any other lawsuit. In other
words they are to be treated henceforth no differently than
similar exhibits in other cases in Superior Court. Furthermore,
the "inventory list and description," of materials turned over
by Armstrong's attorneys to the court, shall not be considered or
deemed to be confidential, private, or under seal.
All other documents or objects presently in the possession
of the clerk )not marked herein as court exhibits) shall be
retained by the clerk, subject to the same orders as are
presently in effect as to sealing and inspection, until such time
as trial court proceedings are concluded as to the severed cross
complaint. For the purposes of this Judgment, conclusion will
occur when any motion for a new trial has been denied, or the
time within such a motion must be brought has expired without
such motion being made. At that time, all documents neither
received in evidence, nor marked for identification only, shall
be released by the clerk to plaintiff's representatives.
Notwithstanding this order, the parties may at any time by
written stipulation files with the clerk obtain release of any or
all unused materials.
Defendant and his counsel are free to speak or communicate
upon any of Defendant Armstrong's recollections of his life as a
Scientologist or the contents of any exhibit received in evidence
or marked for identification and not specifically ordered sealed.
As to all documents, and other materials held under seal by the
clerk, counsel and defendant shall remain subject to the same
injunctions as presently exist, at least until the conclusion of
the proceedings in which defense counsel, or any of them, is of
record, such counsel shall have the right to discuss exhibits
under seal, or their contents, if such is reasonably necessary
and incidental to the proper representation of his or her client.
Further, if any court of competent jurisdiction orders
defendant or his attorney to testify concerning the fact of any
such exhibit, document, object, or its contents, such testimony
shall be given, and no violation of this order will occur.
Likewise, defendant and his counsel may discuss the contents of
any documents under seal or of any matters as to which this court
has found to be privileged as between the parties hereto, with
any duly constituted Governmental Law Enforcement Agency or
submit any exhibits or declarations thereto concerning such
document or materials, without violating any order of this court.
This court will retain jurisdiction to enforce, modify,
alter, or terminate any injunction included within the Judgment.
Counsel for defendant is ordered to prepare, serve, and
file a Judgment on the Complaint and Complaint in Intervention,
and Statement of Decision if timely and properly requested,
consistent with the court's intended decision.

DISCUSSION

The court has found the facts essentially as set forth in
the defendant's trial brief, which as modified, is attached as an
appendix to this memorandum. In addition the court finds that
while working for L.R. Hubbard (hereinafter referred to as LRH),
the defendant also had an informal employer-employee relationship
with plaintiff Church, but had permission and authority from
plaintiffs and LRH to provide Omar Garrison with every document
or object that was made available to Mr. Garrison, and further,
had permission from Omar Garrison to take and deliver to his
attorneys the documents and materials which were subsequently
delivered to them and thenceforth into the custody of the County
Clerk.
Plaintiff Church has made out a prima facie case of
conversion (as bailee of the materials), breach of fiduciary
duty, and breach of confidence (as the former employer who
provided confidential materials to its then employee for certain
specific purposes, which the employee later used for other
purposes to plaintiff's detriment). Plaintiff Mary Jane Hubbard
has likewise made out a prima facie case of conversion and
invasion of privacy (misuse by a person of private matters
entrusted to him for certain specific purposes only).
While defendant has asserted various theories of defense,
the basic thrust of his testimony is that he did what he did,
because he believed that his life, physical and mental well
being, as well as that of his wife were threatened because the
organization was aware of what he knew about the life of LRH, the
secret machinations and financial activities of the Church, and
his dedication to the truth. He believed that the only way he
could defend himself, physically as well as from harassing
lawsuits, was to take from Omar Garrison those materials which
would support and corroborate everything that he had been saying
within the Church about LRH and the Church, or refute the
allegations made against him in the April 22 Suppressive Person
Declare. He believed that the only way he could be sure that the
documents would remain secure for his future use was to send them
to his attorneys, and that to protect himself, he had to go
public so as to minimize the risk that LRH, the Church, or any of
their agents would do him physical harm.
This conduct if reasonably believed by the defendant and
engaged in by him in good faith, finds support as a defense to
the plaintiff's charges in the Restatements of Agency, Torts, and
case law.
Restatement of Agency, Second, provides:
"Section f: An agent is privileged to reveal information
confidentially acquired by him in the course of his agency in the
protection of a superior interest of himself or a third person."
"Section 418: An agent is privileged to protect interests of his
own which are superior to those of the principal, even though he
does so at the expense of the principal's interest or in
disobedience to his orders."
Restatement of torts, Second, section 271:
"One is privileged to commit an act which would otherwise be a
trespass to or a conversion of a chattel in the possession of
another, for the purpose of defending himself or a third person
against the other, under the same conditions which would afford a
privilege to inflict harmful or offensive contact upon the other
for the same purpose."
The Restatement of Torts, Second, section 652a, as well as
case law, make it clear that not all invasions of privacy are
lawful or tortious. It is only when the invasion is unreasonable
that it becomes actionable. Hence, the trier of fact must engage
in a balancing test, weighing the nature and extent of the
invasion, as against the purported justification therefore to
determine whether in a given case, the particular invasion was
unreasonable.
In addition the defendant has asserted as defense the
principal involved in the Case of Willig vs Gold, 75
Cal.App.2d,S09, S14, which holds that an agent has a right to
disclose his principal's dishonest acts to the party
prejudicially affected by them.
Plaintiff Church has asserted and obviously has certain
rights arising out of the First Amendment. Thus, the court
cannot, and has not inquired into or attempted to evaluate the
merits, accuracy, or truthfulness of Scientology or any of its
precepts as a religion.
First Amendment rights, however, cannot be utilized by the
Church or its members, as a sword to preclude the defendant, who
the Church is suing, from defending himself. Therefore, the
actual practices of the Church or its members, as it relates to
the reasonableness of the defendant's conduct and his state of
mind are relevant, admissible, and have been considered by the
court.
As indicated by its factual findings, the court finds the
testimony of Gerald and Jocelyn Armstrong, Laurel Sullivan, Nancy
Dincalcis, Edward Walters, Omar Garrison, Kima Douglas, and Homer
Schomer to be credible, extremely persuasive, and the defense
privilege of justification established and corroborated by this
evidence.
Obviously there are some discrepancies or variations in
recollections, but these are the normal problems which arise from
lapse of time, or from different people viewing matters or events
from different perspectives. In all critical and important
matters, their testimony was precise, accurate, and rang true.
The picture painted by these former dedicated Scientologists, all
of whom were intimately involved with LRH, or Mary Sue Hubbard,
or of the Scientology Organization, is on one hand pathetic, and
on the other hand, outrageous. Each of these persons literally
gave years of his or her respective life in support of a man,
LRH, and his ideas. Each has manifested a waste and loss or
frustration which is incapable of description. Each has broken
with the movement for a variety of reasons, but at the same time,
each is, still bound by the knowledge that the Church has in its
possession his or her most inner thoughts and confessions, all
recorded in "Pre-clear (P.C.) folders" or other security files of
the organization, and that the Church or its minions is fully
capable of intimidation or other physical or psychological abuse
if it suits their ends. The record is replete with evidence of
such abuse.
In 1970 a police agency of the French Government conducted
an investigation into Scientology and concluded, "this sect,
under the pretext of 'freeing humans' is nothing in reality but a
vast enterprise to extract the maximum amount of money from its
adepts by (use of) pseudo-scientific theories, by (use of)
'auditions' and 'stage settings' (lit. to 'create a theatrical
scene') pushed to extremes ( a machine to detect lies, its own
particular phraseology. . . . ), to estrange adepts from their
families and to exercise a kind of blackmail against persons who
do not wish to continue with his sect. (Exhibit 500-HHHHH) From
the evidence presented to this court in 1984, at the very least,
similar conclusions can be drawn. In addition to violating and
abusing its own members civil-rights, the organization over the
years with its "Fair Game" doctrine has harassed and abused those
persons not in the Church whom it perceives as enemies. The
organization clearly is schizophrenic and paranoid, and the
bizarre combination seems to be a reflection of its founder LRH.
The evidence portrays a man who has been virtually a pathological
liar when it comes to his history, background, and achievements.
The writings and documents in evidence additionally reflect his
egoism, greed, avarice, lust for power, and vindictiveness and
aggressiveness against persons perceived by him to be disloyal
or hostile. At the same time it appears that he is charismatic
and highly capable of motivating, organizing, controlling,
manipulating, and inspiring his adherents. He has been referred
to during this trial as a "genius," a "revered person," a man
who was "viewed by his followers with awe." Obviously, he is and
has been a very complex person, and that complexity is further
reflected in his alter ego, the Church of Scientology.
Notwithstanding protestations to the contrary, this court is
satisfied that LRH runs the Church in all ways through the Sea
Organization, his role of Commodore, and the Commodore's
Messengers. (3 see exhibit K Flag Order 3729). He has, of course,
chosen to go into "seclusion." but he maintains contact and
control through the top messengers. Seclusion has its light and
dark side too. It adds to his mystique, and yet shields him from
accountability and subpoena or service of summons.
LRH's wife, Mary Sue Hubbard is also plaintiff herein. On
the one hand she certainly appeared to be a pathetic individual.
She was forced from her post as controller, convicted and
imprisoned as a felon, and deserted by her husband. On the other
hand her credibility leaves much to be desired. She struck the
familiar pose of not seeing, hearing or knowing any evil. Yet
she was the head of the Guardian Office for years and among
other things, authored the infamous order "GO 121669" which
directed culling of supposedly confidential P.C. files/folders
for purposes of internal security. In her testimony she expressed
the feeling that defendant by delivering the documents, writings,
letters to his attorneys, subjected her to mental rape. The
evidence is clear and the court finds that defendant and Omar
Garrison had permission to utilize these documents for the
purpose of Omar Garrison's proposed biography. The only other
persons who were shown any of the documents were the defendant's
attorneys, the Douglasses and Dincalcis, and apparently some
document specifically affecting LRH's son "Nibs," were shown to
"Nibs." The Douglasses and Dincalcis were disaffected
Scientolgists who had a concern for their own safety and mental
security, and were in much the same situation as the defendant,
They had not been declared suppressive, but Scientology had their
P.C. folders, as well as other confessions, and they were
extremely apprehensive. They did not see very many of the
documents, and it is not entirely clear which they saw. At any
rate Mary Sue Hubbard did not appear to be so much distressed by
this fact, as by the fact that Armstrong had given the documents
to Michael Flynn, whom the Church considered its foremost
lawyer-enemy.(Note5-" No, I think my emotional distress and upset
is the fact that someone took papers and materials without my
authorization and then gave them to your Mr. Flynn." However just
as the plaintiffs have First Amendment rights, the defendant has
a Constitutional right to an attorney of his own choosing. In
legal contemplation this fact that defendant selected Mr. Flynn
rather than some other lawyer cannot by itself be tortious. In
determining whether the defendant unreasonably invaded Mrs.
Hubbard's privacy, the court is satisfied the invasion was
slight, and the reasons and justification for the defendants
conduct manifest. Defendant was told by Scientology to get an
attorney. He was declared an enemy by the Church.
He believed, reasonably, that he was subject to "fair game."
The only way he could defend himself, his integrity, and his wife
was to take that which was available to him and place it in a
safe harbor, to wit, his lawyer's custody. He may have indulged
in overkill, in the sense that he took voluminous materials, some
of which appear only marginally relevant to his defense. But he
was not lawyer and cannot be held to that precise standard of
judgment. Further, at the time that he was accumulating the
material, he was terrified and undergoing severe emotional
turmoil. The court is satisfied that he did not unreasonably
intrude upon Mrs. Hubbard's privacy under the circumstances by in
effect simply making his knowledge that of his attorneys. It is
of course, rather ironic that the person who authorized G.O.
121669 should complain about invasion of privacy. The practice
of culling supposedly confidential "P.C. folders or files" to
obtain information for purposes of intimidation and or harassment
is repugnant. The Guardian Office was no respector of anyone's
civil rights, particularly that of privacy. Plaintiff Mary Sue
Hubbard's cause of action for conversion must fail for the same
reason as plaintiff Church. The documents were all together in
Omar Garrison's possession. There was no way the defendant could
make any distinction.
Insofar as the return of documents is concerned, matters
which are still under seal may have evidentiary value in the
trial of the cross complaint or in other third party litigation.
By the time that proceedings on the cross complaint are
concluded, the court's present feeling is that those document or
objects not used by that time should be returned to the
plaintiff. However the court will reserve jurisdiction to
reconsider that should circumstances warrant.
Dated: June 20th 1984

Paul G. Breckenridge, Jr
Judge of the Superior Court


Appendix [to Armstrong Decision]

Defendant Armstrong was involved with Scientology from 1969
through 1981, a period spanning 12 years. During that time he
was a dedicated and devoted member who revered the founder, L.
Ron Hubbard. There was little that Defendant Armstrong would not
do for Hubbard or the Organization. He gave up formal education,
one-third of his life, money and anything he could give in order
to further the goals of Scientology, goals he believed were based
upon the truth, honesty, integrity of Hubbard and the
Organization.
From 1971 through 1981, Defendant Armstrong was a member of
the Sea Organization, a group of highly trained Scientologists
who were considered the upper echelon of the Scientology
organization. During those years he was placed in various
locations, but it was never made clear to him exactly which
Scientology corporation he was working for. Defendant Armstrong
understood that, ultimately, he was working for L. Ron Hubbard,
who controlled all Scientology finances, personnel, and
operations while Defendant was in the Sea Organization.
Beginning in 1979 Defendant Armstrong resided at Gilman Hot
Springs, California, in Hubbard's "Household Unit." The
Household Unit took care of the personal wishes and needs of
Hubbard at many levels. Defendant Armstrong acted as the L. Ron
Hubbard Renovations In-Charge and was responsible for
renovations, decoration, and maintenance of Hubbard's home and
office at Gilman Hot Springs.
In January of 1980 there was an announcement of a possible
raid to be made by the FBI or other law enforcement agencies of
the property. Everyone on the property was required by Hubbard's
representatives, the Commodore's Messengers, to go through all
documents located on the property and "vet" or destroy anything
which showed that Hubbard controlled Scientology organizations,
retained financial control, or was issuing orders to people at
Gilman Hot Springs.
A commercial paper shredder was rented and operated day and
night for two weeks to destroy hundreds of thousands of pages of
documents. During the period of shredding, Brenda Black, the
individual responsible for storage of Hubbard's personal
belongings at Gilman Hot Sprints, came to Defendant Armstrong
with a box of documents and asked whether they were to be
shredded. Defendant Armstrong reviewed the documents and found
that they consisted of a wide variety of documents including
Hubbard's personal papers, diaries, and other writings form a
time before he started Dianetics in 1950, together with documents
belonging to third persons which had apparently been stolen by
Hubbard or his agents. Defendant Armstrong took the documents
from Ms. Black and placed them in a safe location on the
property. He then searched for and located another twenty or
more boxes containing similar materials, which were poorly
maintained.
On January 8, 1980, Defendant Armstrong wrote a petition to
Hubbard requesting his permission to perform the research for a
biography to be done about his life. The petition states that
Defendant Armstrong had located the subject materials and lists
of a number of activities he wished to perform in connection with
the biography research.
Hubbard approved the petition, and Defendant Armstrong
became the L. Ron Hubbard Personal Relations Officer Researcher
(PPRO Res). Defendant claims that this petition and its approval
forms the basis for a contract between Defendant and Hubbard.
Defendant Armstrong's supervisor was then Laurel Sullivan, L. Ron
Hubbard's Personal Public Relations Officer.
During the first part of 1980, Defendant Armstrong moved all
of the L. Ron Hubbard Archives materials he had located at Gilman
Hot Springs to an office in the Church of Scientology Cedars
Complex in Los Angeles. These materials comprised approximately
six file cabinets. Defendant Armstrong had located himself in
the Cedars Complex, because he was also involved in "Mission
Corporate Category Sort-Out," a mission to work out legal
strategy. Defendant Armstrong was involved with this mission
until June of 1990.
It was also during this early part of 1980 that Hubbard left
the location in Gilman Hot Springs, California, and went into
hiding. Although Defendant Armstrong was advised by Laurel
Sullivan that no one could communicate with Hubbard, Defendant
Armstrong knew that the ability for communication existed,
because he had forwarded materials to Hubbard at his request in
mid-1980.
Because of this purported inability to communicate with
Hubbard, Defendant Armstrong's request to purchase biographical
materials of Hubbard from people who offered them for sale went
to the Commodore's Messenger Organization, the personal
representatives of Hubbard.
In June of 1980 Defendant Armstrong became involved in the
selection of a writer for the Hubbard biography. Defendant
Armstrong learned that Hubbard had approved of a biography
proposal prepared by Omar Garrison, a writer who was not a member
of Scientology. Defendant Armstrong had meetings with Mr.
Garrison regarding the writing of the biography and what
documentation and assistance would be made available to him. As
understood by Mr. Garrison, Defendant Armstrong represented
Hubbard in these discussions.
Mr. Garrison was advised that the research material he would
have at his disposal were Hubbard's personal archives. Mr.
Garrison would only undertake a writing of the biography if the
materials provided to him were from Hubbard's personal archives,
and only if his manuscript was subject to the approval of Hubbard
himself.
In October of 1980 Mr. Garrison came to Los Angeles and was
toured through the Hubbard archives materials that Defendant
Armstrong had assembled up to that time. This was an important
"selling point" in obtaining Mr. Garrison's agreement to write
the biography. On October 30, 1980, an agreement was entered
into between Ralston-Pilot, ncv. F/S/O Omar V. Garrison, and
AOSH'DK Publications of Copenhagen, Denmark, for the writing of
biography of Hubbard.
Paragraph 10B of the agreement states that:
"Publisher shall use its best efforts to provide Author with an
office, an officer assistant and/or research assistant, office
supplies and any needed archival and interview materials in
connection with the writing of the Work."
The "research assistant" provided to Mr. Garrison was Defendant
Armstrong.
During 1980 Defendant Armstrong exchanged correspondence
with Intervenor regarding the biography project. Following his
approval by Hubbard as biography researcher, Defendant Armstrong
wrote to Intervenor on February 5, 1980, advising her of the
scope of the project. In the letter Defendant stated that he had
found documents which included Hubbard's diary from his Orient
trip, poems, essays from his youth, and several personal letters,
as well as other things.
By letter of February 11, 1980, Intervenor responded to
Defendant, acknowledging that he would be carrying out the duties
of Biography Researcher. On October 14, 1980, Defendant
Armstrong again wrote to Intervenor, updating her on "Archives
materials" and proposing certain guidelines for the handling of
those materials.
It was Intervenor who, in early 1981, ordered certain
biographical materials from "Controller Archives" to be delivered
to Defendant Armstrong. These materials consisted of several
letters written by Hubbard in the 1920's and 1930's, Hubbard's
Boy Scout books and materials, several old Hubbard family
photographs, a diary kept by Hubbard in his youth, and several
other items.
Defendant Armstrong received these materials upon the order
of Intervenor, following his letter of October 15, 1980, to her
in which Defendant stated, at page 7, that there were materials
in the "Controller Archives" that would be helpful to him in the
biography research.
After these materials were delivered to Defendant Armstrong,
Intervenor was removed from her Scientology position of
Controller in 1981, presumably because of her conviction for the
felony of obstruction of justice in connection with the theft of
Scientology documents form various governments offices and
agencies in Washington, D.C.
During the time Defendant Armstrong worked on the biography
project and acted as Hubbard Archivist, there was never any
mention that he was not to be dealing with Hubbard's personal
documents or that the delivery of those document to Mr. Garrison
was not authorized.
For the first year or more of the Hubbard biography and
archive project, funding came form Hubbard's personal staff unit
at Gilman Hot Springs, California. In early 1981, however,
Defendant Armstrong's supervisor, Laurel Sullivan, ordered him to
request that funding come from what was known as SEA Org
Reserves. Approval for this change in funding came from the SEA
Org Reserves Chief and Watch Dog Committee, the top Commodores
Messenger Organization unit, who were Hubbard's personal
representatives.
From November of 1980 through 1981, Defendant Armstrong
worked closely with Mr. Garrison, assembled Hubbard's archives
into logical categories, copying them and arranging the copies of
the Archives materials into bound volumes. Defendant Armstrong
made two copies of almost all documents copied for Mr. Garrison -
one for Mr. Garrison and the other to remain in Hubbard Archives
for reference or recopying. Defendant Armstrong created
approximately 400 binders of documents. The vast majority of the
documents for Mr. Garrison came from Hubbard's personal Archives,
of which Defendant Armstrong was in charge. Materials which came
from other Archives, such as the Controller Archives, were
provided to Defendant Armstrong by Scientology staff members who
had these documents in their cars.
It was not until late 1981 that Plaintiff was to provide
person to assist on the biography project by providing Mr.
Garrison with "Guardian Office" materials, otherwise described as
technical materials relating to the operation of Scientology.
The individual appointed for this task was Vaughn Young.
Controller Archives and Guardian Office Archives had a connection
to the Hubbard Archives, which Defendant Armstrong created and
maintained as Hubbard's personal materials.
In addition to the assemblage of Hubbard's Archives,
Defendant Armstrong worked continually on researching and
assembling materials concerning Hubbard by interviewing dozens of
individuals, including Hubbard's living aunt, uncle, and four
cousins. Defendant Armstrong did a genealogy study of Hubbard's
family and collected, assembled, and read hundreds of thousands
of pages of documentation in Hubbard's Archives.
During 1980 Defendant Armstrong remained convinced of
Hubbard's honesty and integrity and believed that the
representation he had made about himself in various publication
were truthful. Defendant Armstrong was devoted Hubbard and was
convinced that any information which he discovered to be
unflattering of Hubbard or contradictory to what Hubbard has said
about himself, was a lie being spread by Hubbard's enemies. Even
when Defendant Armstrong located documents in Hubbard's Archives
which indicated that representations made by Hubbard and the
Organization were untrue, Defendant Armstrong would find some
means to "explain away" the contradictory information.
Slowly, however, throughout 1981, Defendant Armstrong began
to see that Hubbard and the Organization had continuously lied
about Hubbard's past, his credentials, and his accomplishments.
Defendant Armstrong believed, in good faith, that the only means
by which Scientology could succeed in what Defendant Armstrong
believed was its goal of creating an ethical environment on
earth, and the only way Hubbard could be free of his critics,
would be for Hubbard and the Organization to discontinue the lies
about Hubbard's past, his credentials and accomplishments.
Defendant Armstrong resisted any public relations piece or
announcement about Hubbard which the L. Ron Hubbard Public
Relations Bureau proposed for publication which was not factual.
Defendant Armstrong attempted to change and make accurate
the various "about the author" sections in Scientology books,
and further, Defendant rewrote or critique several of these and
other publications for the L. Ron Hubbard Public Relations Bureau
and various Scientology Organizations Defendant Armstrong
believed and desired that the Scientology Organization and its
leader discontinue the perpetration of the massive fraud upon the
innocent followers of Scientology, and the public at large.
Because of Defendant Armstrong's actions, in late November
of 1981, Defendant was requested to come to Gilman Hot Springs by
Commodores Messenger Organization Executive, Cirrus Slevin.
Defendant Armstrong was ordered to undergo a "security check,"
which involved Defendant Armstrong's interrogation while
connected to a crude Scientology lie detector machine called an
E-meter.
The Organization wished to determine what materials
Defendant Armstrong had provided to Omar Garrison. Defendant
Armstrong was struck by the realization that the Organization
would not work with him to correct the numerous fraudulent
representations made to followers of Scientology and the public
about L. Ron Hubbard and the Organization itself. Defendant
Armstrong, who, for twelve years of his life, had placed his
complete and full trust in Mr. and Mrs. Hubbard and the
Scientology Organization, saw that his trust had no meaning and
that the massive frauds perpetrated about Hubbard's past,
credentials, and accomplishments would continue to be spread.
Less than three weeks before Defendant Armstrong left
Scientology, he wrote a letter to Cirrus Slevin on November 25,
1981, in which it is clear that his intentions in airing the
inaccuracies, falsehoods, and frauds regarding Hubbard were done
in good faith. In his letter he stated as follows: "If we
present inaccuracies, hyperbole or downright lies or truth, it
doesn't matter what slant we give them, if disproved the man will
look, to outsiders at least, like a charlatan. This is what I'm
trying to prevent and what I've been working on the past year and
a half.
* * *
"and that is why I said to Norman that it is up to us to
insure that everything which goes out about LRH is one hundred
percent accurate. That is not to say that opinions can't be
voiced, they can. And they can contain all the hype you want.
But they should not be construed as facts. And anything stated
as a fact should be documentable.
"We are in a period when 'investigative reporting' is
popular, and when there is relatively easy access to
documentation on a person. We can't delude ourselves I believe,
if we want to gain public acceptance and cause some betterment in
society, that we can get away with statements, the validity of
which we don't know.
"The real disservice to LRH, and the ultimate make-wrong is
to go on assuming that everything he's ever written or said is
one hundred percent accurate an publish it as such without
verifying it. I'm talking here about biographical or
non-technical writings. This only leads, should any of his
statements turn out to be inaccurate, to a make-wrong of him,
consequently his technology.
"That's what I'm trying to remedy and prevent.
* * *
"To say that LRH is not capable of hype, errors or lies is
certainly [sic] not granting him much of a beingness. To
continue on with the line that he has never erred nor lied is
counterproductive. It is an unreal attitude and too far removed
from both the reality and people in general that it would widen
public unacceptance.
* * *
". . . That is why I feel the falsities must be corrected,
and why we must verify our facts and present them in a favorable
light."
The remainder of the letter contains examples of facts about
Hubbard which Defendant Armstrong found to be wholly untrue or
inaccurate and which were represented as true by the Hubbards and
the Scientology Organization.
In December of 1981 Defendant Armstrong made the decision to
leave the Church of Scientology. In order to continue in his
commitment to Hubbard and Mr. Garrison in the biography project,
he copied a large quantity of documents, which Mr. Garrison had
requested or which would be useful to him for the biography.
Defendant Armstrong delivered all of this material to Mr.
Garrison the date he left the SEA Organization and kept nothing
in his possession.
Thereafter, Defendant Armstrong maintained friendly
relations with Hubbard's representatives by returning to the
Archives offices and discussing the various categories of
materials. In fact on February 24, 1982, Defendant Armstrong
wrote to Vaughn Young, regarding certain materials Mr. Young was
unable to locate for Omar Garrison.
After this letter was written, Defendant Armstrong went to
the Archives office and located certain materials Mr. Garrison
had wanted which Hubbard representatives claimed they could not
located.
At the time Defendant Armstrong left the SEA Organization,
he was disappointed with Scientology and Hubbard, and also felt
deceived by them. However, Defendant Armstrong felt he had no
enemies and felt no it will toward anyone in the Organization or
Hubbard, but still believed that a truthful biography should be
written.
After leaving the SEA Organization, Defendant Armstrong
continued to assist Mr. Garrison with the Hubbard biography
project. In the spring of 1982, Defendant Armstrong at Mr.
Garrison's request, transcribed some of his interview tapes,
copied some of the documentation he had, and assembled several
more binders of copied materials. Defendant Armstrong also set
up shelves for Mr. Garrison for all the biography research
materials, worked on a cross-reference systems, and continued to
do library research for the biography.
On February 18, 1982, the Church of Scientology
International issued a "Suppressive Person Declare Gerry
Armstrong," which is an official Scientology document issued
against individuals who are considered as enemies of the
Organization. Said Suppressive Person Declare charged that
Defendant Armstrong had taken an unauthorized leave and that he
was spreading destructive rumors about Senior Scientologists.
Defendant Armstrong was unaware of said Suppressive Person
Declare until April of 1982. A that time a revised Declare was
issued on April 22, 1982. Said Declare charged Defendant
Armstrong with 18 different "Crimes and High Crimes and
Suppressive Acts Against the Church." The charges included
theft, juggling accounts, obtaining loans on money under false
pretenses, promulgating false information about the Church, its
founder, and members, and other untruthful allegations designed
to make Defendant Armstrong an appropriate subject of the
Scientology "Fair Game Doctrine." Said Doctrine allows any
suppressive person to be "tricked, cheated, lied to, sued, or
destroyed."
The second declare was issued shortly after Defendant
Armstrong attempted to sell photographs of his wedding on board
Hubbard's ship (in which Hubbard appears), and photographs
belonging to some of his friends, which also included photos of
L.R. Hubbard while in seclusion. Although Defendant Armstrong
delivered the photographs to a Virgil Wilhite for sale, he never
received payment or return of his friend's photographs. When he
became aware that the Church had these photographs, he went to
the Organization to request their return. A loud and boisterous
argument ensued, and he eventually was told to leave the premises
and get an attorney.
From his extensive knowledge of the covert and intelligence
operations carried out by the Church of Scientology of California
against its enemies (suppressive persons), Defendant Armstrong
became terrified and feared that his life and the life of his
wife were in danger, and he also feared he would be the target of
costly and harassing lawsuits. In addition, Mr. Garrison became
afraid for the security of the documents and believed that the
intelligence network of the Church of Scientology would break and
enter his home to retrieve them. Thus, Defendant Armstrong made
copies of certain documents for Mr. Garrison and maintained them
in a separate location.
It was thereafter, in the summer of 1982, that Defendant
Armstrong asked Mr. Garrison for copies of documents to use in
his defense and sent the documents to his attorneys, Michael
Flynn and Contos & Bunch.
After the within suit was filed on August 2, 1982, Defendant
Armstrong was the subject of harassment, including being followed
and surveilled by individuals who admitted employment by
Plaintiff; being assaulted by one of these individuals; being
struck bodily by a car driven by one of these individuals; having
two attempts made by said individuals apparently to involve
Defendant Armstrong in a freeway automobile accident' having said
individuals come onto Defendant Armstrong's property, spy in his
windows, create disturbances, and upset his neighbors. During
trial when it appeared that Howard Schomer (a former
Scientologist) might by called as a defense witness, the Church
engaged in a somewhat sophisticated effort to suppress his
testimony. It is not clear how the Church became aware of
defense intentions to call Mr. Schomer as a witness, but it is
abundantly clear they sought to entice him back into the fold and
prevent his testimony.

[End Quote]

(c) Gerry Armstrong

>
>"In December of 1981, Armstrong decided to leave the church, but first
>copied many of the documents he had compiled for the biography. He
>proceeded to use the documents in his defense at trial... ."
> U.P.I.
> February 19, 1985, Tuesday, PM cycle
> SECTION: Washington News
> LENGTH: 386 words
> DATELINE: WASHINGTON
>

 

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