I, MICHAEL J. FLYNN, declare as follows:

1. I am an attorney licensed to practice before all of the Courts in the State of Massachusetts and am associate counsel, together with the law offices of Contos & Bunch, counsel for defendant-counterclaimant Gerald Armstrong in this action. If called upon to do so, I would testify competently as to the matters set forth herein.

2. Since the inception of my representation of former members and victims of the Church of Scientology, in approximately July, 1979, I have been continuously harassed by L. Ron Hubbard, Mary Sue Hubbard, and the Church of Scientology, its agents and representatives. See Declaration of Michael J. Flynn with accompanying exhibits on file in this action, Docket No. .

3. Following the trial of the issues set forth in the plaintiff's Complaint in this action, which trial ended on or about June 8, 1984, the Church of Scientology its agents and representatives, specifically attorney John Peterson and Eugene Ingram, a private investigator working for L. Ron Hubbard and John Peterson (see Exhibit 1 attached hereto) initiated a vicious, false, and prolonged campaign to "frame" me, to destroy my reputation, and to countermand the effects of the findings of fact and conclusions of law made by this Court in its Order dated June 20, 1984, in this action. In connection with these efforts spearheaded by Ingram and attorney Peterson, Ingram and church officials toured virtually every major city in the United States conducting press conferences in which they claimed that I had conspired with an individual named Ala Fadili Al Tamami to

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forge a $2,000,000 check of L. Ron Hubbard. See attached press releases, news articles and publications issued by the Church of Scientology attached hereto as Exhibit B. Ingram, Peterson and others also claimed, inter alia, that I was a member of organized crime, that I had threatened to break peoples' legs, and that I was a participant in various types of fraud and criminal activity. Needless to say, the allegations of Ingram and Peterson are absurd. See Declaration of Michael J. Flynn attached hereto as Exhibit 2.

4. In connection with the foregoing scheme, Ingram, his agents and representatives, including Richard Mueller, Andrew Palermo, Richard Hamilton, and others conducted unlawful, covert, and intense surveillance of myself and my client Gerald Armstrong. Surveillance of myself has included being followed virtually everywhere I have gone in the United States by sometimes as many as three cars, in continual contact with clients, relatives, friends, and acquaintances, most of whom have been told that I was the subject of a "federal investigation".

5. For the past four years I have suspected that my telephone communications were being intercepted and recorded by the Church of Scientology, its agents and representatives, including Eugene Ingram. On Thursday, April 4, 1985, I learned of some evidence to support this suspicion. During the course of the trial testimony of Gerald Armstrong in the case of Titchbourne v. Church of Scientology, Multnomah County Circuit Court No. , counsel for the Church of Scientology sought to introduce into evidence a video tape and audio recording of Gerald Armstrong taken without his consent. The trial Judge, Londers, denied introduction of video tape on the grounds that it was made

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surreptitiously, without the consent of Gerald Armstrong in violation of the Oregon Statute prohibiting the unconsented taping of oral conversations. In an effort to support the legality of the video tape, church counsel produced a purported authorization from a Los Angeles police officer Philip Rodriguez, to Eugene Ingram authorizing Ingram to eavesdrop and record the telephone communications of Michael J. Flynn, Gerald Armstrong and others. A copy of this purported authorization is attached hereto as Exhibit 3. Eugene Ingram was formally a member of the Los Angeles Police Department and he was removed for a variety of offenses, including pimping, pandering, running a house of prostitution and aiding narcotics dealers.

6. The undersigned believes that pursuant to this purported authorization Ingram, his agents and representatives have eavesdropped upon, intercepted and recorded the telephonic communications of Michael J. Flynn, Gerald Armstrong, and others.

7. The undersigned believes that the illegal interception of his telephonic communication is part of a scheme perpetrated by Ingram and others, pursuant to Hubbard's fair game doctrine to "destroy" the undersigned.

Signed under the pains and penalties of perjury under the laws of the State of California.

DATED: April , 1985