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Deponent: Kenneth David Long
Deponent's First Affidavit
Sworn on 5th October 1987
In support of Plaintiff
Resworn on 7th October 1987

1987 C No.6140

IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

B E T W E E N :

CHURCH OF SCIENTOLOGY OF CALIFORNIA Plaintiff

- and -

(1) RUSSELL MILLER

(2) PENGUIN BOOKS LIMITED Defendants
___________________

AFFIDAVIT
OF KENNETH DAVID LONG
___________________

I, KENNETH DAVID LONG of 1301 North Catalina, Los Angeles,

California 90027, United States, an executive employed in

the Legal Division of the Church of Scientology of

California, MAKE OATH and say as follows:-

1. I have been a member of the Church of Scientology for

11 years, and a member of the Church's staff for 7 years. I

am employed by the Church of Scientology of California

(hereinafter called "the Church") which is a non-profit

making religious corporation registered in California since

1954. My duties for the past 5 years have required that I

work closely with and assist Church counsel in all phases of

litigation in the United States, including the Church's

litigation with Gerald D. Armstrong.

2. I have caused to be reviewed a manuscript of

approximately 375 pages and entitled " Bare-Faced Messiah" by

Russell Miller. There is now produced and shown to me

marked "KDL 1" a copy of Mr. Miller's manuscript. This book

contains direct quotes from unpublished writings of L. Ron

Hubbard including personal diaries. From reading this

manuscript it is self-evident that the unpublished quotes

could not have been included without having the documents

at hand. These documents could not have been obtained

except by unauthorised access to them.

3. Mr. Miller in his publication goes into a rather

detailed explanation as to how Gerry Armstrong, an ex-

employee of the Church, had acquired these private writings

of Mr. Hubbard's while working as a researcher on a

biography of Mr. Hubbard. My affidavit will explain how

these unpublished writings could only have come from Gerry

Armstrong in breach of his agreements to keep these private

writings absolutely confidential.

4. Gerald Armstrong was an employee of the Church from

February 1969 to December 1981. There is now produced and

shown to me marked "KDL 2", as evidence of Mr. Armstrong's

employment, a copy of the W-2 Wage and Tax Statements issued

by the Church for Mr. Armstrong during the years 1977 and

1978. There is also now produced and shown to me marked

"KDL 3" a copy of an Affidavit executed by Mr. Armstrong on

April 12, 1980, in which Mr. Armstrong affirmed at paragraph

1 that he was employed by the Church.

5. On January 8, 1980, Mr. Armstrong requested permission

from the Founder of the religion of Scientology, Mr. L. Ron

Hubbard, to be allowed to create a position within the

Church which would compile, protect and preserve Mr.

Hubbard's personal papers. Mr. Armstrong informed Mr.

Hubbard that his purpose in making the request was because

the position would require that "the person doing such would

have to have your trust". There is produced and shown to me

marked "KDL 4" a copy of Mr. Armstrong's request of January

8, 1980 to Mr. Hubbard. As the Court will see, Mr.

Armstrong's request was copied to his supervisors within the

Church in the upper right hand corner of the first page.

6. Upon Mr. Armstrong's request, the Church then allowed

Mr. Armstrong to create a position within a division of the

Church known as the "Personal Office of LRH". There is now

produced and shown to me marked "KDL 5" a copy of the

Fictitious Business Name Statement of March 12, 1980 which

established the Personal Office of LRH as a fictitious name

for the Church of Scientology of California. Mr.

Armstrong's new position was entitled "Senior LRH Personal

Public Relations Officer Researcher" ("Snr R Pers PRO

Researcher"). There is now produced and shown to me marked

"KDL 6" a copy of the dispatch distributed by Mr. Armstrong

on February 3, 1980, announcing his assumption of the new

position.

7. As the Court will see, Mr. Armstrong was aware of his

obligation to hold confidential the information he obtained

as an employee of the Church long before he assumed the

position of Researcher in 1980 and he continued to remain

aware of this obligation while holding that position. There

is now produced and shown to me marked "KDL 7" a copy of the

Non-Disclosure and Release Bond executed by Mr. Armstrong on

March 18, 1977 in which Mr. Armstrong acknowledged his

employment with the Church and that any information or

knowledge obtained by him as an employee was done so in a

relationship of trust and confidence and imparted to him a

fiduciary duty to the Church. There is also now produced

and shown to me marked "KDL 8" a copy of the dispatch dated

February 22, 1980 and written by Mr. Armstrong, in which he

describes the value of the materials which he was collecting

and requesting increased security arrangements for the

office in which those materials were to be stored. As the

Court will see, Mr. Armstrong stated that he would sleep in

the office to ensure the safety of those documents until

such time as the security arrangements had been enhanced.

There is now also produced and shown to me marked "KDL 9" a

dispatch by Mr. Armstrong of May 14, 1980, in which he

stated that other Church staff were "extremely reluctant" to

furnish him with personal information about Mr. Hubbard's

family and friends, and in which Mr. Armstrong obtained

access to such information after assuring his fellow staff

"as to the confidentiality these files are given".

8. On October 30, 1980, AOSH DK Publications and author

Omar V. Garrison entered into an Agreement under which Mr.

Garrison was to engage in the writing of a biography of Mr.

Hubbard. There is now produced and shown to me marked "KDL

10" a copy of the agreement between Mr. Garrison and AOSH DK

Publications. Shortly thereafter, AOSH DK Publications

requested assistance from the Church in executing the terms

of its agreement with Mr. Garrison, and specifically the

assignment of a Church employee who would work as an

assistant to Mr. Garrison and "assist in research and office

duties as needed". There is now produced and shown to me

marked "KDL 11" a copy of the letter of November 14, 1980

sent by the Secretary of the Board for AOSH DK Publications

to the Board of Directors for the Church. As the Court will

see, the Board of Directors for the Church confirmed the

agreement with the terms of the letter, and later ratified

its agreement in a written Resolution. There is now

produced and shown to me marked "KDL 12" a copy of the

Resolution adopted by the Board of Directors of the Church

in adopting the agreements proposed by AOSH DK Publications.

Mr. Armstrong was the Church employee thereafter provided to

Mr. Garrison pursuant to this agreement.

9. Mr. Armstrong assisted Mr. Garrison as a researcher and

office assistant until he voluntarily terminated his

employment with the Church on December 12, 1981. As the

Court will see, by the time Mr. Armstrong left the Church he

had furnished Mr. Garrison with "a great deal of materials"

which were in Mr. Garrison's possession. There is now

produced and shown to me marked "KDL 13" a copy of Mr.

Armstrong's letter of December 12, 1981, in which he

resigned his position in the Church.

10. On August 2, 1982, the Church brought a lawsuit against

Gerald Armstrong, under two causes of action, namely,

conversion and breaoh of fiduciary relationship, in respect

of which the Church sought injunctive relief and imposition

of a constructive trust. There is now produced and shown to

me marked "KDL 14" a true and accurate copy of the

complaint. On August 24, 1982, the Honourable Judge John L.

Cole of the Los Angeles County Superior Court issued a

Temporary Restraining Order requiring Mr. Armstrong, his

counsel, and all other persons participating or working in

concert with Mr. Armstrong to surrender to the Clerk of the

Los Angeles Superior Court all of the documents taken by Mr.

Armstrong. There is now produced and shown to me marked

"KDL 15" a copy of the Temporary Restraining Order. As the

Court will see, the terms of that Order specified that the

documents surrendered to the Court would remain under seal,

available only to the parties in the action and only for

purposes of that action.

11. On October 4, 1982, the Honourable Judge John L. Cole

issued an order superseding the Temporary Restraining

Order, but which maintained the sealing.and confidentiality

provisions of his prior Order pending resolution of the

matter. There is now produced and shown to me marked "KDL

16" a copy of the Preliminary Injunction dated October 4,

1982.

12. On June 24, 1983 after several disputes over the

writing of the LRH biography, Mr. Garrison entered into a

Settlement Agreement with New Era Publications, the

successor corporation to AOSH DK Publications. There is now

produced and shown to me marked "KDL 17" a copy of the

public settlement agreement, in which Mr. Garrison

acknowledged that he returned all copies of the materials

furnished to him to the Church of Scientology International

and that he has no right of possession to any of those

materials.

13. Trial was heard on the Church's suit against Mr.

Armstrong from May 3, 1984 through June 8, 1984. On June

20, 1984 the trial court issued a Memorandum of Intended

Decision which, on July 20, 1984, was held to be the

Statement of Decision. As the Court will see, the trial

court ruled that the Church had made out a prima facie

case against Mr. Armstrong for conversion, breach of

confidence, breach of fiduciary relationship and invasion of

privacy, but that Mr. Armstrong was justified in having

taken the materials. The trial court also ordered certain

of the previously sealed exhibits to remain under seal while

unsealing the majority of the previously sealed trial

exhibits. The trial court also ordered that the documents

surrendered to the Clerk of the Court pursuant to the

Temporary Restraining Order of August 1982 which had not

been introduced during trial were to remain under seal

pending trial of a separate suit brought by Mr. Armstrong

against the Church. There is now produced and shown to me

marked "KDL 18" a true and accurate copy of the Memorandum

of Intended Decision dated June 20, 1984. This decision is

currently still on appeal.

14. Following the trial, the Church sought and obtained a

series of sealing orders which effectively maintained the

sealing of the trial exhibits right up to and including

December 1986. There is now produced and shown to me marked

"KDL 19" true and accurate copies of the sealing orders.

In December 1986, as the result of a settlement

agreement reached between the Church and Mr. Armstrong in

relation to Mr. Armstrong's cross-complaint, the trial court

ordered the documents be returned to the Church. There is

now produced and shown to me marked "KDL 20" a true and

accurate copy of the December 11, 1986 Order issued by the

trial court allowing for the return of the trial exhibits to

the Church. The trial exhibits were then returned to the

Church without their ever having been made available by the

court to the general public for copying.

15. As the Court will see in reviewing "KDL 20", referred

to immediately above, the settlement agreement entered into

by the Church and Mr. Armstrong did not affect the Church's

appeal of the trial court's decision in its case against Mr.

Armstrong. In addition to seeking the numerous temporary

sealing orders described above following the 1984 trial, the

Church had also initiated proceedings to appeal the trial

court's July 20, 1984 ruling. That appeal is still pending

with the California Court of Appeal and the action is still

very much alive.

16. As stated above I have reviewed the manuscript by

Russell Miller entitled "Bare-Faced Messiah". I have also

caused to be reviewed certain documents returned to the

Church by the court in December 1986 after the settlement

with Mr. Armstrong. Mr. Miller's manuscript contains a

number of direct quotes taken from these documents which

were held under seal by the court.

17. At page 24 of the manuscript, Mr. Miller both refers

to information contained in, and quotes directly from, Mr.

Hubbard's Boy Scout diary. This diary was never introduced

at trial of the action against Mr. Armstrong and so has

never been unsealed nor made available to the general

public.

18. At pages 45 to 46 of the manuscript, a letter from Mr.

Hubbard's mother to Mr. Hubbard is quoted. This document

has never been made available to the general public.

19. At pages 81 to 82 of the manuscript, large portions of

a letter from Mr. Hubbard to his wife, Polly, are quoted.

That letter, which I believe to be dated July 21, 1938, was

taken by Mr. Armstrong and then surrendered to the Clerk of

the Court in August 1982. It was never introduced at trial

in the action against Mr. Armstrong, and so has never been

unsealed or made available to the general public.

20. At page 90 of the manuscript, a sentence from a one

page letter from Mr. Hubbard to the Cape Cod Instrument

Company is quoted. That letter was taken by Mr. Armstrong

as part of a larger compilation of documents concerning a

cruise taken by Mr. Hubbard, and was then surrendered to the

Clerk of the Court in August 1982. It was never introduced

at trial in the action against Armstrong, and so has never

been unsealed or made available to the general public.

21. At pages 107 to 108 of the manuscript, several

sentences written by Mr. Hubbard on January 6, 1944 in a

Journal he kept as an officer in the U.S. Navy are quoted.

That Journal was taken by Mr. Armstrong and then surrendered

to the Clerk of the Court in August 1982. It was never

introduced at trial in the action against Mr. Armstrong and

so has never been unsealed or made available to the general

public.

22. At pages 23 to 25, 29 to 34 and 37 to 45 of the

manuscript, numerous passages are directly quoted from

three diaries kept by Mr. Hubbard between 1927 and 1929.

These diaries primarily concern several trips made by Mr.

Hubbard to the Orient, including Japan, China and Hong Kong.

These have never been available to the general public.

23. On page 258 of the manuscript, Mr. Miller both quotes

from and gives information from a "Tentative Constitution

for Rhodesia", written by Mr. Hubbard. This document has

never been available to the general public.

24. Mr. Armstrong testified during a deposition taken on

August 1, 1986 that he had met Mr. Miller in approximately

May of 1986. Mr. Armstrong indicated that not only did he

believe that Mr. Miller had archival documents, but also

that Mr. Miller was aware of the litigation arising out of

Mr. Armstrong's breach of fiduciary duty to the Church and

would have had or read documents about the Church's suit

against him in this respect. Mr. Armstrong also indicated

that he had furnished Mr. Miller with documents and

information, although he did not identify which documents he

had provided to Mr. Miller. There is now produced and shown

to me marked "KDL 21" a true and accurate copy of Mr.

Armstrong's testimony of August 1, 1986 concerning his

contact with Mr. Miller.

25. Mr. Miller, by his own admission, is fully aware that

the Church issued legal proceedings against Mr. Armstrong

for removal of Mr. Hubbard's confidential documents from the

Church while Mr. Armstrong was employed by the Church. Mr.

Miller is also fully aware that the Church has appealed the

decision of the Los Angeles Superior Court, and that these

confidential documents, the contents of some of which Mr.

Miller is now seeking to publish, still remained under court

seal when he obtained them from Mr. Armstrong.

26. For the reasons stated above, I know that the documents

quoted and paraphrased in Mr. Miller's manuscript were not

available to him from the court. I also know that Mr.

Armstrong refused to obey an order of the court, and

retained possession of documents which he had been ordered

to surrender to the court for safekeeping under seal. I

also know that Mr. Armstrong had contact with Mr. Miller as

early as mid-1986. Based on these facts, it is my belief

that the documents quoted and paraphrased in Mr. Miller's

manuscript were furnished to Mr. Miller by Mr. Armstrong,

and that they could not have been furnished to Mr. Miller by

anyone else as no-one else other than Mr. Armstrong had

access to these documents. Given these facts I am greatly

concerned that Mr. Miller may still be in possession of

copies of the said documents and may disseminate

confidential information contained therein by distributing

copies of the said documents to third parties or in some

other manner impart the information contained therein to

such third parties.

27. I have read the affidavit written by David Morton Ziff

and understand that Mr. Ziff's affidavit states that he

witnessed the taking of a photograph of L. Ron Hubbard on

the ship "Apollo" in Portugal in 1970. Mr. Ziff attaches to

his affidavit a photograph of L. Ron Hubbard and states that

the photograph was taken by Sylvia Calhoun, who at the time

was employed by the Church as the "LRH Photographer".

This unpublished photograph of L. Ron Hubbard is owned by

the Church and the negative of the photograph is in the

possession of the Church. There is now produced and shown

to me marked "KDL 22" a copy of a photograph of L. Ron

Hubbard which is the same photograph of Mr. Hubbard taken by

Sylvia Calhoun on the ship Apollo in 1970 as described in

the affidavit of Mr. Ziff.

28. There is now produced and shown to me marked "KDL 23" a

copy of an advertisement which appeared in the publication

"Bookseller", Issue number 4256, dated July 17, 1987. This

advertisement depicts the forthcoming book "Bare-Faced

Messiah, the True Story of L. Ron Hubbard" and includes a

picture of L. Ron Hubbard, which is the same photograph of

L. Ron Hubbard marked "KDL 22" which was taken by Sylvia

Calhoun and the copyright in which is owned by the Church as

described above. The use of this photograph of L. Ron

Hubbard in the advertisement in "Bookseller" is unauthorised

and hence an infringement of the copyright in this

photograph owned by the Church. I also believe that the

photograph of L. Ron Hubbard and design surrounding it in

the magazine advertisement in "Bookseller" is a depiction of

the front of the dust cover of Russell Miller's forthcoming

book. The use of Mr. Hubbard's photograph on the front of

the dust cover is likewise unauthorised and an infringement

of the Church's copyright in the afore-mentioned photograph

of L. Ron Hubbard.

29. I have read the affidavit written by Julie Fisher and

understand that Mrs. Fisher's affidavit states that she was

one of the individuals who was photographed with L. Ron

Hubbard in the Dutch Antilles in late 1974 and early 1975.

Mrs. Fisher attaches to her affidavit a photograph of

herself, other Church staff and L. Ron Hubbard, and states

that the photograph was taken by Maude Castillo, who at the

time was employed by the Church as the "LRH photographer".

Maude Castillo took this photograph of L. Ron Hubbard in her

capacity as a photographer for the Church. The copyright in

this unpublished photograph of L. Ron Hubbard is owned by

the Church of Scientology of California and the negative of

the photograph is in the possession of the Church. There is

now produced and shown to me marked "KDL 24" a copy of a

photograph of L. Ron Hubbard which is the same photograph

of Mr. Hubbard taken by Maude Castillo in late 1974 and

early 1975 as described in the affidavit of Mrs. Julie

Fisher and produced there as Exhibit "JT 1".

30. There is now produced and shown to me marked "KDL 25"

a copy of a page from Mr. Miller's manuscript. This page

includes a photograph depicting L. Ron Hubbard and Church

staff, and is the same photograph of Mr. Hubbard marked

"KDL 24" that was taken by Maude Castillo and which is owned

by the Church as described above. The planned use of this

photograph of L. Ron Hubbard by Mr. Miller is unauthorised

and hence an infringement of the copyright in this

photograph owned by the Church of Scientology of California.

31. The Church has spent thousands of man hours and

millions of dollars since 1982 in order to uphold the duty

it owed to Mr. Hubbard as the bailee for his materials when

they were taken by Mr. Armstrong. If Mr. Miller's

manuscript is published with the direct quotations and

paraphrases taken from Mr. Hubbard's personal documents, it

will completely frustrate the purpose of the appeal by the

Church now pending before the Los Angeles Superior Court by

making public the very documents whose confidentiality the

Church and the Courts have protected for the past five

years.

30. If Mr. Miller is allowcd to publish his manuscript

containing very personal and intimate details about Mr. L.

Ron Hubbard with his photograph referred to in paragraph 29

above as well as the photograph on the dust cover, the

buyers may very well at first glance be led to believe that

the book has been supported or approved by the Church.

Nothing could be further from the truth as the book has been

written entirely without the Church's participation.

33. The Church is engaged in the preparations for an

official biopraphy of Mr. L. Ron Hubbard. Should Mr. Miller

be permitted to use the hitherto unpublished photographs

hereinbefore referred to at paragraphs 27 and 29, the

Church would be deprived of its first publication rights in

respect of the said photographs.

34. If Mr. Miller is allowed to publish the confidential

information contained in Mr. Hubbard's personal and private

documents, the confidentiality of that information will be

forever lost. The Church will be irreparably harmed,

without any adequate remedy in monetary terms, as the Court

cannot order the bell be unrung once it has been rung, or

determine how far the sound has reached.

35. For the reasons I have set out in paragraphs 33 to 36

above, I verily believe that damages would not be an

adequate remedy and I ask this Honourable Court to grant an

injunction in the terms sought to restrain publication of

Mr. Miller's book.

36. I understand that, under the law of the United Kingdom

as well as under the laws of the United States, it is

necessary to protect the person against whom an injunction

is sought by giving an undertaking to cover any damages

that might result should the injunction be issued and later

be found to have been wrongly issued. The Church can and

will make good any such undertaking of monetary damages that

might be required. The last published accounts of the

Church show a net worth of approximately $14,000,000. There

is now produced and shown to me marked "KDL 26" a copy of

the balance sheet as at November 30, 1986.

This document in pdf format.

See also Armstrong Declarations of 03-15-1990 and 12-25-1990

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