Office of Intake/Legal Advice State Bar of California 1149 South Hill Street Los Angeles, CA 90015-2299 November 28, 1995 Re: California attorney Kendrick Moxon threatens to raid and sue me, and refuses to return my private property after a deposition To Whom It May Concern, I was served with a subpoena (enclosed document marked "A") on October 15, 1995 from Helena K. Kobrin, attorney for the Religious Technology Center, a branch of the Church of Scientology. The subpoena commanded me to bring an enormous amount of material that would have required me to rent a pickup truck. I therefore filed a Rule 45 objection (enclosed document marked "B"), but agreed to bring what I felt was relevant to the case in question. I brought a floppy disc and some documents, including copies of what Scientology calls their Advanced Material, which they claim is a trade secret and under copyright protection. As I only had 4 days to prepare for the deposition on October 20, I did not find counsel in time, so I went without legal representation. A friend went along with me. During the deposition Mr. Moxon asked questions while his assistant, Lynn Farny, sat next to him. I felt I was asked mostly off-topic questions and tried as best I could to answer all questions other than those that I felt were putting me on trial and that dealt with people not involved in the case. Enclosed are some representative pages from the deposition (marked "E") in which Mr. Moxon threatens to sue me. Also during the deposition I was asked about some CD-roms that were backups of a computer system from defendants in another similar copyright infringement case where Religious Technology Center is the plaintiff in Colorado. Since these could be relevant to the case I was subpoenad over, I said that I would turn these over in 2 days to Mr. Moxon. After the deposition as I was leaving I saw that Mr. Farny had my floppy disc and also a copy of the floppy disc in his hand. I had previously offered to leave the floppy disc with them as they claimed they did not have access to a computer to make a copy. Later, however, Mr. Farny stated that they were printing out everything on the floppy disc. I therefore asked for my floppy disc back. Mr. Farny informed me, as Mr. Moxon was standing right next to Mr. Farny, that I could not have my floppy disc back because it contained the church's Advanced Material. He then demanded that I also turn over the paper copy of the Advanced Material that I had brought along in response to the subpoena. I stated "we're leaving now" and turned to leave. Mr. Farny then yelled in a loud voice "we will raid you and sue you! You are on notice!" My friend and I continued to leave at that point. This threat to raid and sue me I take very seriously. The Church of Scientology has this year raided the homes of Dennis Erlich in California, Arnie Lerma in Virginia (it was his case that my subpoena was for), Lawrence Wollersheim in Golden, Colorado, and Bob Penny also in Colorado. These raids were over copyright infringement claims made by the Church of Scientology. Scientology's own teachings are that "the law can be used very easily to harass, and enough harassment on somebody who is simply on the thin edge anyway, well knowing that he is not authorized, will generally be sufficient to cause his professional decease. If possible, of course, ruin him utterly." (Magazine Articles On Level 0 Checksheet, by L. Ron Hubbard, p.55). On October 20 I was trying to be a good citizen by showing up for my deposition and bringing the relevant documentation in my possession. For this I was threatened with being raided and sued and my property was stolen from me. I believe that this is outrageous behavior on the part of Mr. Moxon and Mr. Farny (who is not an attorney as far as I know but acted as Mr. Moxon's assistant), and I believe it is not only unbecoming of an attorney but it is a flagrant abuse of the authority granted an attorney. On October 21 I called Mr. Moxon to say that in light of their threats I was not going to hand over the CD-roms until I could speak with an attorney. Mr. Moxon called me on October 23 and October 24 seeking the CD-roms. On October 25, after speaking with an attorney, I sent the CD-roms that Mr. Moxon requested of me to the presiding judge in the case. I included a letter explaining why I was giving them to her rather than to Mr. Moxon (enclosed document marked "C"). Judge Brinkema took note of my complaint and on November 22 issued an order (enclosed document marked "D") referring my letter to Judge T. Rawles Jones Jr. "as a request for a protective order against Religious Technology Center for discovery abuses." I await the results of this process. Meanwhile, I am sending this formal complaint against Mr. Moxon and Mr. Farny for their theft of my floppy disc and for threatening to raid and sue me for no other reason than my possession of some of Scientology's religious scriptures. Sincerely, Jeff Jacobsen PO Box 3541 Scottsdale AZ 85271 home - (602) xxx-xxxx work - (602) xxx-xxxx fax - (602) xxx-xxxx