Title : Description : Keywords : Author : ----------------------------------------------- 1 GRAHAM E. BERRY, State Bar No. 128503 GORDON J. CALHOUN, State Bar No. 84509 2 LEWIS, D'AMATO, BRISBOIS & BISGAARD 221 N. Figueroa Street, Suite 1200 3 Los Angeles, California 90012 Telephone: (213) 250-1800 4 Attorneys for Defendant 6 UWE GEERTZ, PH.D. 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 CHURCH OF SCIENTOLOGY Case No. CV 91 6426 HLH (TX) INTERNATIONAL, a California 11 non-profit religious DECLARATION OF ROBERT VAUGHN organization, YOUNG DATED JANUARY 3, 1994, 12 1 AND FILED IN OPPOSITION TO Plaintiff, PLAINTIFF'S VARIOUS MOTIONS 13 1 FOR PROTECTIVE ORDERS AND IN vs. 1 SUPPORT OF DEFENDANT GEERTZ' 14 VARIOUS MOTIONS TO COMPEL STEVEN FISHMAN AND UWE GEERTZ, i DEPOSITIONS 15 1 Defendants. ) Date: January 4, 1994 16 Courtroom: J [Hon. Venetta S. Tassopulosj 17 Trial Date: i '/94 18 Pre-Trial Conf.: .31/94 Motion Cut off:. 1 i24/94 19 Discovery Cut off: 12/31/93 20 [Filed Concurrently with Declaration of Graham E. 21 Berry dated January 3, 1994 22 23 DECLARATION OF ROBERT VAUGHN YOUNG 24 2s I, Robert Vaughn Young, hereby declare as follows: 26 1. This declaration is submitted in connection with 27 defendant Geertz's opposition to plaintiffs' motions for 28 LEWIS. D’Awrro BRlrrols G BISGAARC lAw*v.II 8f 4.1 8UlTE1200 221 N. FMUEROASTREE LOSANQELEO,CAWO~I (213) 22el2w ----------------------------------------------- 1 protective order regarding the taking of certain depositions in 2 this litigation. 3 2. I have been retained by Dr. Geertz's counsel, Graham 4 Berry, as an expert consultant in this litigation and have been 6 designated as one of Dr. Geertz's experts to testify at trail 6 herein. The statements herein are of my personal knowledge or 7 reasonably based on information and belief, and if called upon as 8 a witness, I can testify competently thereto. 9 3. I have over 20 years in Scientology, nearly all of it as 10 a paid employee and staff member. During that time I worked and 11 served at every echelon, from the "field" to the international 12 level, from the "church" to the secular, usually as an executive. I 13 worked directly with Scientology Founder L. Ron Hubbard in the 14 final years of his life as his personal public relations officer 16 and as his editor and (sometimes) as his ghost writer. (I was also 16 supposed to have written his biography.) When he died in 1986, I 17 was one of the first people that arrived at his secret ranch. My 13 primary task was to handle the media and I did and am quoted in 19 the media on that occasion. 20 4. I served in many such senior positions of authority and 21 responsibility in Scientology. For example, in 1977 I was the 22 national spokesman when the FBI raided church offices in Los 23 Angeles and Washington, D.C. I was also the first Scientologist to 24 testify before a Congressional committee. I made numerous 26 appearances on radio, TV and in the press as a Scientology 26 representative both in the U.S. and overseas. At that time, it was 27 my responsibility to interpret Scientology to millions of people. 28 I have also met with government agencies and leaders to also LWIS. D’hAT0 LEWIS. D’AMATO BRISBOIS & BISOAARO BRISBOIS 2 BISOAARO 54.1 2 LAWYERS LAWYERS 86 11 EWE1200 221 N. FIQUEROASTRE~ n FtWEft0~87~~m LO8bNOEL2S,CAWO12 wil22wmo /I ----------------------------------------------- 1 interpret Scientology to them. All of this was done with the 2 knowledge, consent and direction of church officials. Much of this 3 is a matter of public record, reported in the media as well as in /I 4 government files. 5 5. In the 1970s I personally obtained a number of religious 6 recognitions for Scientology from federal agencies. These were 7 created on agency letterheads, addressed to me, often after months 8 of close work with those agencies, usually in Washington, D.C. 9 During that time I also was priwy to the tens of thousands of 10 documents seized by the FBI that detailed the crimes that were 11 being ordered under the "Fair Game" doctrine and the Hubbard 12 program called "Snow White." 13 6. I have studied and heard (on tape) millions of words of 14 Hubbard's as to the nature of Scientology. I am one of perhaps 15 four people in the world who have read the entirety of his private 16 and personal papers, including love-letters and very personal 17 diaries. I even interviewed members of his personal family, 18 professional associates and intimate friends. I was even called 19 by the church to testify on its behalf, as its designated expert, 20 during the Los Angeles trial of Gerry Armstrong as an expert on the 21 life of L. Ron Hubbard. At that time I was serving in Hubbard's 22 personal literary agency, Author Services, Inc., by his personal 28 approval. 24 7. In my more than 20 years, I have received thousands of 25 hours of training in Scientology methods and have trained others. 26 In addition to countless media appearances, I gave hundreds of 27 talks to Scientologists around the world to explain Scientology, the role of the church in current affairs, the fight between LEWIS. D’AUAlO BRISBOIS & BISGMRO LAWYl!"S 3 Gum 1200 ----------------------------------------------- 1 Scientology and the government (IRS etc) and other topics. 2 8. Because I left Scientology and am now willing to tell the 3 truth to the courts, Scientology executives are claiming that I 4 have no credentials, am a liar, am doing it for money, etc. All of 6 these reasons should be clearly noted by the court in light of my 6 credentials. These reasons are examples of how these executives 7 work at two levels of "truth". The first is the truth that is used 8 when the person is under their control, as when I was a staff 9 member. The other truth is when the person cannot be controlled by 10 them, such as now. In other words, I was a trusted aide when I 11 could be controlled. Now that I am answering to the court and not 12 to them, I was not trustworthy. This is how these people work when 13 dealing with the courts. 14 9. This is the same as with Hubbard's policies. On the one 16 hand there are his "public" policies which are offered to the 16 courts and the authorities and then there are the "internal" 17 policies that are used by the executives and kept away from the 18 courts. I cited some of these in a decaration I wrote about "Fair 19 Game", and which has been filed in this litigation, to point out 20 how Hubbard maliciously ordered the destruction of people while presenting an entirely different public image. 10. I wish to point out one of these tactics to the court. Hubbard called it "a head on a pike." It means to make someone an example for the purpose of intimidating others. His point was to bring order to an area Sometimes a head - any head - had to be put on on a pike as was done centuries ago as a warning to others, he said. 11. In that vein, I call to the court's attention two events that occurred in Florida on December 30, 1993. (1) A key witness 54.1 4 ----------------------------------------------- 1 in this case was fired from his job when information provided by 2 him in this case was given to his employers. (2) The wife of one 3 of the defendants was killed. 4 12. Because of the severity of the latter, let me first point 6 out to the court that a number of top Scientology officials have 6 gone to jail in the United States for felonies. Other officials 7 have been arrested and/or jailed in other countries such as Canada, 8 Spain, Italy (where about 70 were sent to jail!), Germany etc. (In 9 fact, they so violated the law in Germany that their status as a 10 "religion" was revoked a few months ago.) Since Scientology will 11 not honestly and fully disclose how many have gone to jail or been 12 found guilty and placed on probation or how many have been arrested 13 and await a their day in court, there is no way to take a full 14 estimate of the amount of crime that is being committed. In the 16 United States it took a raid by the FBI in 1977 to find the extent 16 of criminality including automobile "accidents" to terrorize 17 others. One of the most notable occurred when they staged a 18 "hit-and-run" accident to intimidate the Mayor of Clearwater, Gabe 19 Cazares. Scientology's role in this nefarious plot came to light 20 only after the FBI seized secret church documents that proved what 21 happened. Until then, church officials sanctimoniously denied any 22 knowledge of the "accident." 23 13. In the sad case at hand, all I can say is that the 24 killing of the wife of one of the defendants on the same day as a 26 key witness is intimidated should be thoroughly investigated. 26 Scientology officials have done everything from staging auto 27 accidents to bomb threats to perjury to beatings to burglaries of 28 LEWIS. D’Aurro BRlsrols 3 BISGAARD i4 *l 5 LAWILRS 66 of WlTEl2DD 221 N. AQUENDA GTNEEI Lo8ANQELEaCAwol2 (113~26&1#)0 II ----------------------------------------------- 1 federal and police offices as well as of newspapers and attorneys, 2 not to mention intimidating judges. 3 14. After the church was raided in 1977, eleven top 4 executives went to jail, including Hubbard's wife. Meanwhile 6 Hubbard and dozens of others, including the current church counsel 6 Kendrick Moxon, were named unindicted co-conspirators. All they 7 learned was to farm the real "dirty work" out to private 8 investigators to be hired by the attorneys so the confidentiality 9 of an "attorney work product" could be used to hide the crimes. 10 That is how it is being done since 1977. That is why they do not 11 want me to testify. 12 15. The key witness who lost his job is Garry Scarff who was 13 fired from his position at Disney World when officials there were 14 told by "an attorney" about Scarff's jaded past. What was used was 16 admissions made under oath by Scarff in this case of improprieties 16 ~he conducted in order to show the extent of the criminality in the 17 highest echelons of Scientology. 18 16. These would be counted each as a "head on a pike," 19 20 warnings to others that they should stop bothering Scientology. That they would occur at the end of the year is also significant as 21 it carries a message that this is what the person can expect at 22 the start of the new year. 23 17. Sometimes people are physically beaten in Scientology 24 ~until they comply. This happened to me and it has happened to 26 others, where one is simply physically assaulted and beaten because 26 of a refusal to obey. The person who has done this the most is 27 David Miscavige, the head of the Scientology empire. He has beaten 28 me. I have seen him assault others. And others have told me of LEWIS. D’AmlAlO BRISBOIS G Bwm; BRISB~I~ 2 BISGAA;; LAWYLR8 Gum 1900 221 N. FIQUEROAWRGCI Lo8ANQELEacA2ml2 (212b22wmo ----------------------------------------------- 1 beatings he gave them. These psychotic assaults (Miscavige 2 literally goes into a psychotic rage, screaming and frothing at 3 the mouth) have been witnessed by many people who know that if 4 they were to ever tell the authorities that they too would be 6 beaten or even worse. 6 18. The ability and willingness of top Scientology executives 7 to terrorize their juniors into compliance and silence is 8 staggering. It is also used against apostates as well as the 9 media, attorneys and even judges. As a result, the course of 10 justice may be unjustly swayed. That is the secret objective of 11 Scientology: to bring the non-Scientology world into complete 12 compliance and subservience, regardless of the time or the costs. 13 19. Another example can be found in the recent attempted 14 deposition of the president of plaintiff, Church of Scientology 15 President Heber Jentzsch. It was a classic example of what in 16 Scientology is called a "bullbait." In that aborted deposition, 17 attorney Graham Berry was "baited" so that he was rendered nearly 18 helpless. This was basically done to teach him a lesson, to exert 19 control and to dominate. This is what they want to do with this 20 trial. 21 20. About 20 years ago, I personally knew Heber Jentzsch and 22 his wife Yvonne. At that time she was the head of Celebrity Center 23 ("CC") and Heber handled the public relations. Yvonne was 24 extremely popular with those at CC and others. In many ways, she 26 was absolutely perfect for the task. She was warm, personable, 28 outgoing and went out of her way to encourage the artists around 27 her, even those who were starting. 28 LEWIS. D’Aurro B~is~ois 2 BI~GAARO BRlS3OlS 3 BISGAARO 54.1 7 LAWIL”S 86 LAWIL”S 86 3um woo 221 n flQUEnoAsTREEr Lo8ANQELEacA2wlZLo8ANQELEacA2wl2 P13) 22612oo ----------------------------------------------- 1 21. When Yvonne took ill, there was great concern in the 2 Scientology community. We heard little about it. I could see it 3 more on Heber's face than anywhere. I did hear from Artie Maren 4 (who was the head of Guardian Office public relations for the 6 United States) that Scientology Founder L. Ron Hubbard had taken 6 an interest in her illness and was writing some C/S's. A "C/S" is 7 the "case supervisor" who oversees the cases of Scientologists. 8 Yvonne was getting "auditing" which is the Scientology counseling 9 and the C/S gives the directions what should be done. Each 10 direction given is called a "C/S." Thus Hubbard was giving 11 directions on Yvonne's counseling. (He did not have to be in the 12 geographical area to do this. He could have been sent information 13 and advised from afar.) 14 22. When Yvonne died, we were stunned, of course, not merely 16 because she was a friend but because Hubbard himself had been 16 writing the C/S's. I later learned - from Maren as well as Heber 17 Jentzsch - that Hubbard had written C/S's for her to "drop the 18 body" which is a Scientology colloquial expression for "die." This 19 20 would have meant that the attitudes and emotions towards dying would have been addressed rather than the illness itself. 21 ~(Jentzsch said he (Jentzsch) was very appreciative of the help 22 Hubbard had given.) 23 23. The attitude of "dropping the body" in Scientology stems 24 from the view the person is not the body. The person is called a 26 "thetan" which is a spiritual entity that operates best when freed 26 of the body. After death the thetan "picks up" another body. In 27 other belief systems this is called "reincarnation" but the term is 28 held in disdain by Hubbard. This idea of "picking up" and dropping LEWIS. D’Arr~o BRISDOIS a BISGAARO LAWILIS 86 54.1 8 DUITE 1200 1?1 K RQUEROA(ITREEI LoshNoELm,cAam12 (213)22@1eoo II ----------------------------------------------- 1 the body" is what allows Scientology and Hubbard to address 2 attitudes towards death through "auditing" (counseling). 3 24. Scientologists being audited to allow them to die is not 4 unusual and is known to others although it is certainly not openly 6 discussed or publicized. Nor do I want to give the impression that 6 this is a major feature of the organization. 7 8 I declare under penalty of perjury under the laws of the 9 United States and California that the foregoing is true and 10 correct. 11 Executed this 3rd day of January, 1994, at Los Angeles, 12 California. 13 14 16 16 17 18 1E 21 24 21 LEWIS. D’Awrro BRISBOIS & BISGAA~ 9 LAWIL”. 4.1 aulTE1200 211 N. flQUEROAIlTRE LoGANQELEacAOOO f215)22el100 ----------------------------------------------- 1 PROOF OF SERVICE BY MAIL 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES; 3 I am employed in the County of Los Angeles, state of California. I am over the age of eighteen (18) and not a party to 4 the within action; my business address is: 221 North Fiaueroa Street, Suite 1200, Los Anaeles. California 90012. 5 On ganuarv 3. 1994 I served the following document (s) 6 described as: 7 DECLARATION OF ROBERT VAUGHN YOUNG DATED JANUARY 3, 1994, AND FILED IN OPPOSITION TO PLAINTIFF'S VARIOUS MOTIONS FOR PROTECTIVE ORDERS 8 AND IN SUPPORT OF DEFENDANT GEERTZ' VARIOUS MOTIONS TO COMPEL DEPOSITIONS 9 10 on interested parties in this action by placing the original X a true copy thereof enclosed in a sealed envelop=ddressed as 11 follows: 12 SEE ATTACHED SERVICE LIST 13 1x1 (BY MAIL) I caused such envelope with postage thereon fully prepaid to be placed in the United States Mail at 14 Los Angeles, California. 15 ( 1 (BY PERSONAL DELIVERY) I caused such envelope to be delivered by hand to the office of the addressee. 16 ( 1 (STATE) I declare under penalty of perjury under the laws 17 of the State of California that the above is true and correct. 18 (X) (FEDERAL) I declare that I am employed in the office of a 19 member of this court at whose direction the service was made. 20 of collection and processing correspondence for mailing. Under As follows: I am,"readily familiar" with the firm's practice 21 that practice it would be deposited with U.S. Postal Serv$elon this same day with postage thereon fully prepaid at 50s ae es 22 California in the ordinary course of business. I am aware that'on 23 motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after 24 date of deposit for mailing in affidavit. 25 (W I declare under penalty of perjury under the laws of the State of California that the above is true and correct and that 26 this declaration was executed on JANUARY 3, 1994 at Los Angeles, ICalifornia. 27 28 LEWIS. D’Awrro BRISDOIS D BISOAARO LAWYLRS 221 n FIWEROADTRELT Dum 1200 ~ANaELEacAmo12 f21$22w2m ----------------------------------------------- 1 CHURCH OF SCIENTOLOGY INTERNATIONAL v. STEVEN FISHMAN. et al. SERVICE LIST 2 3 4 Jonathan W. Lubell, Esq. MORRISON, COHEN, SINGER & WEINSTEIN 6 750 Lexington Avenue New York, New York 10022 6 Mr. Steven Fishman 7 8851 Sunrise Lakes Blvd., #116 Sunrise, Florida 33322-1413 8 9 10 11 12 13 14 16 16 17 18 19 al 21 22 23 24 26 26 27 28 LEWIS. D’Awrro BRISBOIS I BISCAARO LIWYL”‘ WITS 1200 221 N FIWEROASTWLT Lo8AnQELEac42ool2 01s) 22wyK) ----------------------------------------------- 1 PROOF OF SERVICE BY HAND 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES; 3 I am employed in the County of Los Angeles, state of California. I am over the age of eighteen (18) and not a party to 4 the within action; my business address is: 6 On Ja ua Y 3. 1994 I served the following document (s) 6 describe: at: 7 DECLARATION OF ROBERT VAUGHN YOUNG DATED JANUARY 3, 1994, AND FILED IN OPPOSITION TO PLAINTIFF'S VARIOUS MOTIONS FOR PROTECTIVE ORDERS 8 AND IN SUPPORT OF DEFENDANT GEERTZ' VARIOUS MOTIONS TO COMPEL DEPOSITIONS 9 10 on interested parties in this action by placing the original X a true copy thereof enclosed in a sealed envelop=ddressed as 11 follows: 12 ( 1 (BY TELECOPIER) I caused such document to be faxed to the addressee. 13 ( 1 (BY MAIL) I caused such envelope with postage thereon 14 16 fully prepaid to be placed in the United States Mail at Los Angeles, California. (xl (BY PERSONAL DELIVERY) I delivered such envelope by hand 16 to the office of the addressee, at the following address: 17 Robe&t A. Wiener, Esq. BOWLES & MOXON 18 6255 Sunset Blvd., Suite 2000 Hollywood, California 90028 19 (Xl (FEDERAL) I declare that I am employed in the office of a 20 member of this court at whose direction the service was made. 21 22 (Xl I declare under penalty of perjury under the laws of the State of California that the above is true and correct and that 23 this declaration was executed on January 3, 1994 at Los Angeles, California. 24 26 (Signature) 26 27 28 BRISBOIS G BISGAARO Lsw~s. D’Aunto IAWIIR 221 n flaJEnoAGTRE~ wm1200 LOGAlNELE%CAGOOl2 (Pw 2aol200