http://www.marinij.com/Stories/0,1413,234%7E24407%7E2038239,00.html#
Judge denies award to Scientology group
By Gary Klien, IJ reporter
A bid by the Church of Scientology to win an immediate $10 million
judgment against
a renegade ex-official was rejected in Marin Superior Court yesterday,
setting
the stage for a jury trial next month.
Gerry Armstrong, a former researcher and archivist for Scientology
founder
L. Ron Hubbard, split from the church in 1981 and has criticized it
vigorously
ever since. Armstrong, a onetime San Anselmo resident who has exiled
himself to
Canada, says the church is bent on world domination, crushes internal
dissent
and violates its members' civil rights.
In 1986, the church paid $800,000 to settle a civil suit filed by
Armstrong,
who claimed he was being harassed by church leaders. The settlement
required Armstrong
to stop divulging information he gained as a highly placed church
insider.
But Armstrong, 57, continued to speak out in media interviews and
Internet
postings, even after Marin Judge Gary Thomas issued a 1995 injunction
ordering
him to stop. In 2002, the church sued Armstrong for $10,050,000, or $50,
000 for
each of 201 instances where he allegedly breached his settlement
agreement by
publicly discussing the church.
The church filed a motion asking Marin Superior Court Judge Lynn
Duryee to
award it the money without proceeding to a jury trial. But Duryee denied
the motion
yesterday, saying church attorneys had failed to establish that the 201
incidents
were violations of the settlement.
The case is scheduled to go to trial on April 9.
Andrew Wilson, a Sausalito-based attorney for Scientology, declined
to comment
on Duryee's ruling. Armstrong, reached at home in Chilliwack, British
Columbia,
said the decision "keeps me in the battle yet another day."
"It certainly is not a happy day for Scientology," he said.
"Scientology
dearly fears anyone they're up against getting a fair trial."
Armstrong, who is representing himself against the church's lawyers,
was not
in court yesterday but participated in a conference call. He said he
cannot attend
the trial because there are warrants out for his arrest for allegedly
violating
the injunction by Judge Thomas, who is now retired.
Scientology was founded in the early 1950s when Hubbard, a prolific
novelist
and Hollywood writer, published "Dianetics: The Modern Science of
Mental
Health." Adherents describe the book as a guide to self-improvement
and an
approach to "problems of the mind," including insanity, crime
and war.
Scientology's official Web site describes the movement as "an
applied
religious philosophy" with the goal of bringing an individual to a
"sufficient
understanding of himself and his life and free him to improve conditions
in the
way that he sees fit."
The religion is practiced in 129 countries, according to the Web
site. Among
its prominent adherents in the United States are actors John Travolta,
Tom Cruise
and Kirstie Alley.
Hubbard died in 1986 at age 74.
Contact Gary Klien via e-mail at gklien@marinij.com
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