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From: publicrelations@scientology.org
Subject: Re: Rule 60 draft almost ready
Date: 2000/03/20
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The Court had a different view of Armstrong's conduct:
ANDREW H. WILSON, SBN 063209
CLAUDETTE C. GREENE SBN 184437
WILSON COMPILONGO LLP
115 Sansome Street, Suite 400
San Francisco, California 94104
Telephone (415) 391-3900
Attorneys for Plaintiff
CHURCH OF SCIENTOLOGY INTERNATIONAL
SUPERIOR COURT OF THE STARE
OF CALIFORNIA
FOR THE COUNTY OF MARIN
CHURCH OF SCIENTOLOGY
INTERNATIONAL, a California not-for-profit
religious corporation CASE NO. 152229
Plaintiff, BENCH WARRANT
(CIVIL)
vs.
GERALD ARMSTRONG; DOES
1
through 25, inclusive,
Defendant.
__________________________________________)
The people of the State
of California to any peace officer of
this state:
On October 17, 1995 this
Court entered an Order of Permanent
Injunction against Defendant GERALD ARMSTRONG ("ARMSTRONG"). The Order
prohibits Armstrong from voluntarily assisting any persons litigating
claims adverse to the "Beneficiaries" and prohibiting "works"
discussing any of the Beneficiaries. The Order was valid. ARMSTRONG
had knowledge of the Order. ARMSTRONG has the ability to comply with
the Order.
ARMSTRONG willfully disobeyed
the order by sending a
declaration to Judge Whyte.
The Contempt proceedings
against Armstrong came on for hearing
by the above-referenced Court on May 23, 1997 pursuant to this Court's
ORDER TO SHOW CAUSE RE CONTEMPT issued on February 18, 1997. ARMSTRONG
did not appear nor did ARMSTRONG files any opposition or evidence. An
ORDER OF CONTEMPT was issued by this Court on June 5, 1997 (A true and
correct copy of this order is attached and highlighted here as Exhibit
A).
YOU ARE THEREFORE ORDERED forthwith to arrest GERALD ARMSTRONG
whose last known address: 715 Sir Francis Drake Boulevard, San Anselmo,
CA 94960 and bring him before this Court to show cause why he should
not be punished for contempt for disobeying the mandate of this Court.
Arrest under this bench
warrant may be made at any time of the
day or night.
Bail is fixed in the sum
of $5,000 (and pursuant to the ORDER
OF CONTEMPT, including a fine of $1000.00 and confinement in the County
Jail for a period not to exceed 48 hours).
IT IS SO ORDERED
Date: August 6, 1997 Gary
Thomas
JUDGE OF THE SUPERIOR COURT
Exhibit A:
ANDREW H. WILSON, ESQ.,
SBN 063209
WILSON COMPILONGO LLP
115 Sansome Street, Suite 400
San Francisco, California 943104
(415) 391-3900
(415) 954-0938 (fax)
Attorneys for Plaintiff
CHURCH OF SCIENTOLOGY INTERNATIONAL
SUPERIOR COURT OF THE STARE
OF CALIFORNIA
FOR THE COUNTY OF MARIN
CHURCH OF SCIENTOLOGY
INTERNATIONAL, a California not-for-profit
religious corporation Case No. 152229
Plaintiff, ORDER OF CONTEMPT
vs.
GERALD ARMSTRONG; DOES
1
through 25, inclusive,
Defendant.
__________________________________________)
The contempt proceedings
against Defendant GERALD ARMSTRONG
came on for hearing by the Court on May 23, 1997 pursuant to this
Court's ORDER TO SHOW CAUSE RE CONTEMPT issued on February 18, 1997,
and further pursuant to this Court's ORDER ALLOWING SERVICE OF THE
ORDER TO SHOW CAUSE RE CONTEMPT issued on March 5, 1997. Petitioner
CHURCH OF SCIENTOLOGY INTERNATIONAL appeared by its counsel, Andrew H.
Wilson. Defendant ARMSTRONG did not appear nor did Defendant file any
opposition or evidence.
GOOD CAUSE APPEARING THEREFOR,
the court makes the following
findings:
1. On October 17, 1995
this Court entered an Order of
Permanent Injunction against ARMSTRONG (the "Order") following motions
for summary adjudication brought by Plaintiff. This Order was alter
incorporated int a judgment entered against Mr. Armstrong on May 2,
1996 (the "Judgment"). The Order prohibits ARMSTRONG from voluntarily
assisting any persons litigating claims adverse to the "Beneficiaries"
and from creating or publishing "works" discussing any of the
Beneficiaries. One of the Beneficiaries is a corporation known as
Religious Technology Center ("RTC").
2. The Order was valid
when rendered and remains fully
enforceable, notwithstanding ARMSTRONG's appeal of the Judgment. the
filling of a Notice of Appeal does not render a valid order
unenforceable.
3. ARMSTRONG had knowledge
of the Order. ARMSTRONG's
counsel appeared at the hearing pertaining to the Order and received
Notice of Entry. ARMSTRONG also received a Notice of Entry of Order
which was served on his counsel. ARMSTRONG's actual knowledge of the
Order is also shown by the fact that ARMSTRONG himself signed and filed
a Notice of Appeal of the Judgment.
4. ARMSTRONG had the ability
to comply with the Order.
The Order was specific. It prohibited ARMSTRONG from voluntarily
assisting any person arbitrating or litigating adversely to the
Beneficiaries and also prohibited ARMSTRONG from facilitating in any
manner the creation, publication, broadcast, writing, electronic
recording or reproduction of various documentary works. There has been
no suggestion, and certainly no showing by ARMSTRONG, that he is
incapable of complying with the Order.
5. ARMSTRONG willfully
disobeyed the Order. On or about
January 26, 1997, ARMSTRONG sent a document entitled DECLARATION OF
GERALD ARMSTRONG to United States District Judge Ronald M. Whyte.
Judge Whyte was at the time presiding over three cases in which the
plaintiff is RTC. In the Declaration, ARMSTRONG recites his
understanding that he was prohibited form sending such a declaration
directly to litigants and states that he is instead sending it directly
to Judge Whyte in the hopes of influencing his decision on a pending
matter. This evidences ARMSTRONG's willful disobedience of the Order
and Judgment.
IT IS HEREBY ADJUDGED,
ORDERED AND DECREED that Defendant
GERALD ARMSTRONG is guilty of Contempt of Court for a failure to obey
the Order and Judgment by sending the Declaration, as described above,
to Judge Whyte. As set forth above, the Order was valid and
enforceable; ARMSTRONG had knowledge of the Order, had the ability to
comply with the Order and willfully disobeyed the Order.
IT IS FURTHER ADJUDGED,
ORDERED AND DECREED that Defendant
GERALD ARMSTRONG is to be punished for the foregoing contempt by a fine
of $1,000 and confinement in the County Jail for a period not to exceed
48 hours.
DATED: June 3, 1997 GARY
W. THOMAS
JUDGE OF THE SUPERIOR COURT
In article <kgqcds4r8ji8cto178fkak60vj3fbv9rui@4ax.com>,
Gerry Armstrong <armstrong@dowco.com> wrote:
> On 20 Mar 2000 10:30:53 GMT, Keith Henson
> <hkhenson@netcom3.netcom.com> wrote:
>
> >I have a draft motion which is not quite up to the point I want to
post
> >it. If any of the regulars who make editing suggestions to me want
to
> >see a copy, drop me an email. Keith Henson
>
> Keith, and others: Just some thoughts for your consideration.
>
> The acts against Graham Berry aren't the only misconduct, specifically
> in your litigation, which give rise to a relief from judgment due to
> attorney misconduct or other related bases.
>
> What was done with me alone in your case is a small part of the
> overall, staggering fraud upon the court, and obstruction of justice,
> by the $cientology organizations, their leaders and attorneys. But a
> big enough part to get you the relief you want, or give you an
> opportunity to get it into other forums. I would imagine a denial of a
> motion for relief from judgment for the acceptable reasons is an
> appealable order.
>
> You retained me as an expert witness for your trial, remitting to me
> $150.00. That was my previous hourly fee as a retained expert on
> $cientology, particularly its basic policy of fair game, in Hunziker
> v. Applied Materials. I have, as you know, many sliding scales.
>
> Within a short time of receipt of your money against expert witness
> fees, I left the U.S. and went to Canada because of the frightening
> fraud I found out about in $cientology's 1023 submission. You have
> sufficient IRS facts at your fingertips now, in addition to the 1023,
> to be able to link the $cientology-IRS fraud upon the people, into the
> motion for relief from judgment.
>
> $cientology's same lawyers threatened me if I responded to Grady's
> subpoena before the same Judge, Whyte. I wrote a declaration,
> containing adequate proof of my knowledge and expert testimony, about
> the threat and sent it to the Judge, and served it on all parties.
> Everyone had legal notice.
>
> Without service, and hence without a hearing, and while I'm B.C.,
> $cientology's same lawyers got a contempt order against me from the
> Marin judge, for sending the declaration to Judge Whyte advising him
> of the threat from $cientology. The Marin judge had issued illegal
> orders against me making "legal" $cientology's obstruction of justice,
> specifically obstructing my being able to assist people, such as
> yourself, who are targets of $cientology's basic policy of fair game,
> and most specifically, the kind of assistance you needed in your legal
> battle with $cientology.
>
> Then $cientology got a warrant for my arrest, and then another
> contempt order, and another warrant for a bunch of my early internet
> complaints about the injustice, the abuse and the illegality of it
> all. Did they recently post a list of all my messages to a.r.s.for
> which I was ordered fined and jailed?
>
> Your trial comes along, and your one *retained* expert is*_detained*
> by actions, including illegal and immoral ones, by the adversary and
> its coconspiring attorneys. The subjects to which I would have
> testified are outlined in the declaration I sent Judge Whyte.
>
> Judge Whyte was very fortunate in being able to skirt the issue of
> $cientology's unclean hands. And he was very fortunate to be able to
> bury in the three cases in front of him, my declaration and the
> clearcut evidence of $cientology's misconduct it presented. But his
> good fortune at others' misfortune should gracefully cease.
>
> Because of what was done to you, and your attorney, and your single
> witness, among other $cientology misconduct I'm sure, you were
> prevented from adequate preparation before trial and were prevented
> from adequately defending yourself at trial. Thus Grady's case is
> similarly affected. Grady saw what happened to you without a witness.
> I was no less a witness for Grady, having written and served my expert
> declaration in response to his legal subpoena and $cientology's
> obstructive threat.
>
> I think you can include in your motion mistake, inadvertence,
> surprise, or excusable neglect, and relate all those factors to the
> facts you know of $cientology misconduct.
>
> You were probably excusably negligent, for example, in not recognizing
> until now that $cientology is way way worse and ten times as dangerous
> as you believed it to be when you exposed $cientology's bulletins
> calling for the illegal practice of medicine, and even at the time of
> your trial.
>
> What is the date by which you must file a motion?
>
> I really believe that Judge Whyte is crooked in some way. He should
> have found a way to bar $cientology from his courtroom very early in
> these cases. So should Judge Thomas have over in Marin. I think there
> is a streak of crookedness throughout the judiciary which can always
> find well spoken legal support for its crookedness. I mean that if
> Judge Whyte favors the crooked at all he's crooked. It goes without
> saying, but it can be said legally, authoritatively and correctly that
> $cientology, the rough corporation which slouches into the nation's
> courtrooms, is crooked. $cientology's crookedness *is* on trial and
> always will be.
>
> Because the "justice" system is peopled by people who reward and
are
> rewarded by crookedness, I don't look to the legal arena much anymore
> for justice. Nevertheless, if there is any justice in the legal arena
> I think that you have the basis for having the judgment against you
> set aside, and I would help as I'm able. I am constantly reminded that
> God, being so wrapped up with justice, cannot be kept out of the legal
> arena, so as unjust and as silly as our justice system has become, why
> should I stay out myself.
>
> What $cientology is doing in holding me 'legally" unable to
> participate in the pursuit of justice and "legally" punishing any
such
> participation is obstruction of justice. Don't forget that's what Mary
> Sue did time for.
>
> Ken Dandar and his cool co-counsel probably could put together a
> dynamite motion to have $cientology release everyone from any contract
> by which they are prevented from providing voluntary testimony in the
> McPherson wrongful death case. (God, if there was ever a wrongful
> death, and there have been wrongful deaths from the beginning of
> history, it is Lisa McPherson's death.) The lawyers can get
> $cientology's obstruction in front of a judge for $15.00, or whatever
> motions cost in Florida. (I know it takes many attorney hours beyond
> $15.00, so it only works if it's seen as an opportunity.)
>
> It's actually a good idea, come to think of it. Ford Greene knows
> $cientology's obstruction plan, with all the "Flynn agreements,"
with
> the Aznarans,' with Vaughn's and Stacy's "agreements," with Jesse's.
> I've got to laugh because Ford really has $cientology's number, and
> I'm in good part responsible. I think Ken has already had to address
> $cientology's gag "agreements" in connection with Jesse's working
on
> the case.
>
> If motions are still happening in the McPherson case, it could be a
> good one. I know that lawyers litigating against $cientology tend to
> get into responding only because $cientology deluges them with their
> own motion puffery, but this could be a newsworthy, narrow and simple
> motion. IANAL as you know, and much of this is "inspired," rather
than
> researched.
>
> Because it is within $cientology's power to release with a flick of a
> pen everyone the cult illegally prohibits from speaking or testifying
> voluntarily, a nice quick clean cheap demand letter could be sent.
> $cientology would of course have to refuse to release all the named
> and unnamed people in the demand letter. Thus setting the stage for a
> nice quick clean cheap motion.
>
> Everyone who litigates against $cientology starts out with key
> witnesses gagged. It isn't enough that the $cientologists' own people
> have a basic policy of telling whatever lies they're told to tell.
> They also use the Wog (R) courts to gag wog (R) witnesses. The Florida
> Court clearly has the authority to order $cientology to release
> everyone from any "contract" by which they would be prevented from
> testifying in this case. Florida is probably a great place to start
>
> My deposition was taken in the McPherson case, so there's already
> available substantial testimony of my involvement as a knowledgable,
> indeed, expert witness, to support a beefy motion to compel
> $cientology to release me, and release everyone else like me. I'm a
> witness that $cientology has driven to Canada, attacks without letup,
> and prevents by an illegal court order from testifying about wide
> experience and knowledge. And $cientology is a subject and
> organization about which no one may legally be silenced. It would be
> cool if Lisa was the spark to burn down $cientology's walls of
> $ilence.
>
> There's a memorable exchange between Ken and Sandy Weinberg at the
> start of my deposition on the subject of my being in violation of
> California court orders and Ken being in contempt. Weinberg, who was
> really quite a bully, asserts that I was found guilty of "criminal
> contempt," which isn't so. Weinberg's and $cientology's threats to me
> and to Ken, even though I had been served with a deposition subpoena,
> are evidence of their determination to obstruct justice.
>
> $cientology threatened to go to the judge in the McPherson case to get
> my deposition testimony stricken or sealed, but I don't think they
> ever did. If my Florida friends would like, any and all of you sure
> have my permission to put it up on LMT's site. It's in Lisa's case,
> after all. I think she'd want everyone to hear it. I thought about
> this many months ago, but there wasn't a Lisa McPherson Trust back
> then. Way to go everyone.
>
> Ken videotaped the depo, so everyone can see little old me sitting
> there for maybe four hours. It's embarrassing to think about, and even
> at this instant makes me chuckle, because Weinberg examines me on the
> standard set of embarrassing or obscene writings from the pig dream
> period that DM has his lawyers and his other agent scumsuckers tricked
> from me and now trot out every once in a while.
>
> Weinberg also questions me about the Organization of United
> Renunciants (OUR) (R), and my letters to Saddam and other less
> despotic political folks during the Middle East Crisis. There is a set
> of exhibits which $cientology brought to the deposition for me to
> authenticate which could be webbed and which would make a very nice
> set with the transcript and video.
>
> The testimony and the attorney exchanges I think can be educational to
> anyone involved with $cientology, wog (R) and $cientologist alike. I
> remember more than anything I was asked or I said being very cold,
> sitting all afternoon shivering in a cold draft. While $cientology
> thought I was being grilled. Brian Haney sat in on the depo, and I
> remember him being quietly supportive throughout while Weinberg tried
> to have his way with me.
>
> There are some mentions of a.r.s and a.r.s. participants in the depo,
> so it might be fun to have it up for everyone. Legally for me, now
> would be an excellent time for the depo to be webbed, but any time is
> equally excellent.So if it is webbed it will not be because anyone is
> acting in concert with me to violate the illegal California
> injunction.
>
> It's funny. My legal situation could be handled in any jurisdiction in
> the world. Nobody has to go anywhere because anyone in any
> jurisdiction is affected. Lisa McPherson can handle it for me.
>
> Same could be done in the Wollersheim case. I was a witness as MCCS
> 2nd to the C$C gutting. My testimony is already being used in the
> alter ego issue. David Miscavige recently filed a perjured declaration
> about me in that case. And the lawyers don't contact me to rebut DM's
> lies because of the illegal order prohibiting me from even clearing my
> reputation in order to help Lawrence Wollersheim obtain justice.
>
> Sooner or later some court is going to have to address the obstruction
> of justice issue and will have to rule that $cientology's obstruction
> of justice is legal or illegal. Because it really is obstruction, the
> charge can continue to be made in any jurisdiction, the same facts
> laid out, with more added.
>
> Ostruction of justice cases and claims can be filed wherever any party
> with a claim resides or already has ongoing litigation. Because of
> $cientology's illegal silencing of knowledgeable witnesses, everyone
> who has ever had anything to do with $cientology has a legal claim.
> I'd bet that nobody else has cognited about this in just this way, so
> the statute of limitations for everyone's claim would run from the
> time they now have the cognition. Again IANAL.
>
> It would be nice to have a litigation meeting sometime so that
> everyone up against the $cientology conspiacy in the legal arena can
> see what we all bring to the war.
>
> Go ahead and send me the motion you've prepared.
>
> I hope this is helpful.
>
> P & M.
>
> (c) Gerry Armstrong
>
> >
>
>
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