1 IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY 2 CIVIL DIVISION

3 ESTATE OF LISA McPHERSON, by and through the Personal Representative, 4 DELL LIEBREICH,

5 Plaintiff,

6 vs. Case No.: 97?01235

7 CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC.; JANIS 8 JOHNSON; ALAIN KARTUZINSKI; and DAVID HOUGHTON, D.D.S., 9 Defendants. 10 VIDEOTAPED TRIAL TESTIMONY OF ROBERT VAUGHN YOUNG 11 Volume IV

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24 Susan D. Wasilewski, RPR, CRR February 9 & 10, 2000 25

 

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1 APPEARANCES Counsel for Plaintiff: 2 MR. KENNAN G. DANDAR Dandar & Dandar, P.A. 3 Attorneys at Law 5340 West Kennedy Boulevard, Suite 201 4 Tampa, Florida 33609

5 Counsel for Defendant Church of Scientology Flag Service Organization: 6 MR. MORRIS WEINBERG, JR. Zuckerman, Spaeder, Taylor & Evans, LLP 7 Attorneys at Law 401 East Jackson Street, Suite 2525 8 Tampa, Florida 33602

9 MR. MICHAEL LEE HERTZBERG Attorney at Law 10 740 Broadway, 5th Floor New York, New York 10003 11 Counsel for Defendant Janis Johnson: 12 MR. RONALD P. HANES Trombley & Hanes 13 Attorneys at Law 707 North Franklin Street, 10th Floor 14 Tampa, Florida 33602

15 Counsel for Defendant Alain Kartuzinski: MR. DOUGLAS J. TITUS 16 Attorneys at Law George & Titus, P.A. 17 100 South Ashley Drive, Suite 1290 Tampa, Florida 33601 18 Counsel for Defendant David Houghton, D.D.S.: 19 MR. ROBERT P. POLLI Robert P. Polli, P.A. 20 Trombley & Hanes 101 East Kennedy Boulevard, Suite 1265

21 Tampa, Florida 33602

22 Also Present: Mr. Michael Garko 23 Ms. Lara Cartwright Mr. Michael Rinder 24 Mr. Kendrick L. Moxon Ms. Wendy Beccaccini (Via Internet) 25

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1 I N D E X

2 Volume IV

3 WITNESS PAGE

4 Called by the Defendant Church of Scientology Flag

5 Service Organization, Inc.:

6 ROBERT VAUGHN YOUNG

7 CROSS?EXAMINATION BY MR. WEINBERG.......... 533

8 SIGNATURE PAGE................................. 626

9 CERTIFICATE OF REPORTER OATH................... 627

10 REPORTER'S CERTIFICATE......................... 628

11

12 EXHIBITS

13 Defendant's Exhibit No. 37..................... 544

14 Defendant's Exhibit No. 38..................... 552

15 Defendant's Exhibit No. 39..................... 573

16 Defendant's Exhibit No. 40..................... 581

17 Defendant's Exhibit No. 41..................... 587

18 Defendant's Exhibit No. 42..................... 599

19 Defendant's Exhibit No. 43..................... 610

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1 IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY 2 CIVIL DIVISION

3 ESTATE OF LISA McPHERSON, by and through the Personal Representative, 4 DELL LIEBREICH,

5 Plaintiff,

6 vs. Case No.: 97?01235

7 CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC.; JANIS 8 JOHNSON; ALAIN KARTUZINSKI; and DAVID HOUGHTON, D.D.S., 9 Defendants. 10 VIDEOTAPED TRIAL TESTIMONY OF ROBERT VAUGHN YOUNG 11 Volume IV

12 PURSUANT TO NOTICE for the taking of the

13 Trial Testimony of Robert Vaughn Young, upon oral

14 examination in the above?styled cause, for the

15 purposes of use at trial and for all other purposes

16 as are permitted pursuant to Florida Rules of Civil

17 Procedure, proceedings therefor were held before

18 Susan D. Wasilewski, Registered Professional

19 Reporter, Certified Realtime Reporter, and Notary

20 Public in and for the State of Florida at large, at

21 220 East Madison Street, 12th Floor Conference

22 Room, Tampa, Florida, on February 10, 2000.

23 VIDEOTAPING SERVICES were provided by

24 Thomas Hallahan and Rick Spector.

25

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1 THEREUPON, the following proceedings were

2 had and taken:

3 ROBERT VAUGHN YOUNG, called as a witness

4 by the Plaintiff, having been previously duly

5 sworn, continued to testify as follows:

6 CROSS?EXAMINATION

7 BY MR. WEINBERG:

8 Q. Mr. Young, this is a continuation of your

9 cross?examination and you understand you're still

10 under oath?

11 A. Yes.

12 Q. Did you speak to anyone last night with

13 regard to anything that had to do with your

14 testimony, and I'm not ?? I don't ?? I'm asking you

15 as expansive a question as there is. I mean

16 directly, indirectly, verbally, in writing,

17 Internet. So there is no confusion here, I'm

18 asking you whether you have had any dealings with

19 anyone with regard to your testimony, your cross,

20 whatever redirect there might be, any whatsoever?

21 A. Well, Stacy called Jesse and handed me the

22 phone. She said how is it going? I said it's

23 going okay but I can't talk about it. That was the

24 end of that.

25 Q. Anything else?

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1 A. No. Oh, I spoke to my friend in

2 Cincinnati that I'm staying with. She said the

3 same thing, how is it going? I said I can't talk

4 about it but otherwise it's going okay.

5 Q. So no communications with you at all,

6 directly, indirectly, from Mr. Dandar, anybody

7 working with Mr. Dandar, any person associated with

8 this case as to how you might ?? about your

9 testimony, what you might say, how you might phrase

10 your answers, any further answers, anything like

11 that?

12 A. No.

13 Q. Totally expansive question.

14 A. No.

15 Q. Now, the ?? yesterday you testified, I

16 believe, when I asked you, that it was incorrect

17 that Mr. Hubbard had developed Scientology based on

18 his understanding of the traditions and beliefs of

19 other religions, including Buddhism. Do you recall

20 that I asked you that and that was your answer?

21 A. Yes.

22 Q. Now, the ?? of course, first of all, we

23 did look at the Phoenix lectures yesterday, do you

24 remember those?

25 A. A reprinted portion of ??

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1 Q. Well, probably one of the ?? you would

2 agree, because you did read or listen to the

3 Phoenix lectures, that those lectures themselves

4 incorporated some of the most fundamental tenets of

5 Scientology, including the axioms, correct?

6 A. True.

7 Q. He discussed the fundamental practices of

8 auditing, talked about the Scientology tech,

9 correct?

10 A. Yes.

11 Q. And he talked in length about what he

12 described were the origins, what he drew on from

13 other religions over history, correct?

14 A. Yes.

15 Q. Now, it's also correct, is it not, that if

16 there is ?? if there are any tapes that

17 Scientologists review or listen to, it would be a

18 combination of the Phoenix tapes and The Hope of

19 Man, those are the most ?? those are the most

20 important tapes that Hubbard did with regard to

21 Scientology, aren't they?

22 A. I suppose that's debatable but I ?? you

23 know, for the purpose of moving on, I will accept

24 whatever point you're going to make.

25 Q. All right. Now, you listened to both The

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1 Hope of Man tape and to the Phoenix lectures,

2 didn't you?

3 A. No, I did not.

4 Q. Which one didn't you listen to?

5 A. I've never heard The Hope of Man tape.

6 Q. Well, did you read The Hope of Man

7 transcript?

8 A. Yes.

9 Q. And did you read the Phoenix transcripts?

10 A. Yes, and heard the tapes and even made a

11 comparison of the difference between the transcript

12 and the tapes.

13 Q. And when did you do that?

14 A. Oh, this was ?? first was 19 ?? probably

15 1971, '72, on the first time I read it, and then a

16 year or two later I made the comparison.

17 Q. Now, you yourself, sir, have publicly

18 stated that Scientology had its roots in Buddhism

19 and Far Eastern religion, haven't you?

20 A. Yes.

21 Q. And you did that while you were a member

22 of the Church of Scientology?

23 A. Yes.

24 Q. And you did that in what, in a variety of

25 settings, didn't you?

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1 A. I'm sure I did.

2 Q. And you remember you were interviewed by

3 reporters and said that?

4 A. Yes.

5 Q. And do you remember that amongst the ??

6 actually, there were articles in the newspaper

7 quoting you having said that, is that right?

8 A. There could well have been.

9 Q. Now, the command lines that you testified

10 about in your direct testimony, do you remember how

11 you talked about command lines?

12 A. Yes.

13 Q. Those command lines that you testified

14 about, those are the corporate lines in

15 Scientology, correct?

16 A. Well, there is both.

17 Q. I'm just saying that when you say

18 command ?? when Scientology talks about command

19 lines, when you talked about command lines, you're

20 talking about the command lines within the

21 corporate structure of Scientology between Flag and

22 the mother church, CSI, between CSI and RTC and the

23 like, correct, that's what you're talking about?

24 A. That was part of it. There is more.

25 Q. There was a corporate restructuring in

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1 1981, '82, correct?

2 A. Yes.

3 Q. And RTC, as a result of that corporate

4 restructuring, the Religious Technology Center, was

5 placed at the top of the command line, was it not?

6 A. Yes.

7 Q. And CSI, as the mother church, and we

8 talked about that yesterday, and other churches

9 were under RTC in the command line structure,

10 correct?

11 A. Yes.

12 Q. And as the chairman of the board of RTC,

13 David Miscavige is currently the seniormost church

14 official in the command lines of Scientology,

15 correct?

16 A. Yes.

17 Q. The authority that an individual has in a

18 Scientology organization, like CSI, RTC, Flag,

19 comes from that person's post or position in the

20 org, is that correct?

21 A. Give me that one again, please.

22 Q. The authority that an individual has in a

23 Scientology organization, like CSI or RTC or Flag

24 Service Organization here in Clearwater, comes from

25 that person's post or position in that particular

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1 org, correct?

2 A. Yes and no.

3 Q. Well, you say yes and no.

4 A. Well, it does and then there is sometimes

5 when it doesn't.

6 Q. Well, when it doesn't come in a particular

7 organization ?? let's take Flag, for instance. Who

8 is in charge of Flag?

9 A. That would be the commanding officer.

10 Q. All right. And that person is in charge

11 of Flag because of his or her post, correct?

12 A. Yes.

13 Q. All right. It doesn't make one bit of

14 difference whether that person's rank is petty

15 officer number two, like you, or some other

16 position, that person, because of his or her post,

17 is in charge of the Flag org, correct?

18 A. That is correct.

19 Q. Now, even though once you joined the Sea

20 Org your rank as a petty officer number two, or

21 whatever it was, class two, was low, you could and

22 did on occasion give orders to others with a higher

23 rank because of your post, correct?

24 A. Yes.

25 Q. And in fact, you testified in the

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1 deposition that I took a month or so ago that on

2 occasion you gave orders to people to WDC, watch

3 dog committee members, correct?

4 A. Yes.

5 Q. They were Sea Org members, correct?

6 A. Yes.

7 Q. And at the time you were a lower rank than

8 them, correct?

9 A. Could have been. The point was it was

10 immaterial.

11 Q. Because of your post?

12 A. Position.

13 Q. Position in the org ?? which org was that,

14 ASI?

15 A. ASI, and the position of ASI was ?? the

16 organization was considered senior to it, so it

17 didn't matter what post I had, it was just the

18 position of the organization.

19 Q. Now, the ??

20 (Discussion off the record.)

21 Q. All right. I'm going to have to work off

22 my copy here. I apologize.

23 You know that, what was it, in '81 or '82

24 that RTC was actually incorporated?

25 A. 1981.

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1 Q. '81? And there were articles of

2 incorporation and bylaws, is that right?

3 A. Yes.

4 Q. And the purpose as set forth in those

5 documents of RTC was to ensure and maintain the

6 purity and integrity of the religion of Scientology

7 as it had been developed by Mr. Hubbard, is that

8 right?

9 A. That's what the document says.

10 Q. Right. And ?? I mean you've reviewed

11 these documents, haven't you?

12 A. Yes.

13 Q. And as a ?? and in addition, in this same

14 period of time the service marks and trademarks of

15 Scientology were seated to or transferred to or

16 given to RTC, correct?

17 A. Yes.

18 Q. And in addition to those, some of the

19 upper level materials that had not been publicly

20 published were ceded to or given to RTC, correct?

21 A. That's what I understand.

22 Q. So that as this process developed, RTC was

23 created to protect the integrity and purity of the

24 religion and had ?? and was the possessor or owner

25 of some of the most fundamental religious materials

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1 of the religion, correct?

2 A. No.

3 Q. Well, you don't consider the marks and the

4 upper level materials to be some of the most

5 fundamental ecclesiastical materials of

6 Scientology?

7 A. No, that wasn't the point. You said the

8 reason why it was created.

9 Q. Okay. So you disagree that RTC was

10 created as the protector of the religion?

11 A. Yes.

12 Q. All right. Even though that's what all of

13 the documents say, that's the point you're making,

14 right?

15 A. That's the point why I say ??

16 Q. I see. I see. I see.

17 A. Why I say it's a fraud.

18 Q. Okay. Now, but, of course, those

19 arguments were made to the IRS prior to its

20 decision in 1993 and the IRS said ?? rejected every

21 one of those arguments that you're just making,

22 that RTC and the corporate structure was a fraud,

23 didn't it?

24 A. I don't know. They never spoke to me.

25 Q. Well, you read the materials. You know

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1 that, don't you?

2 A. I don't know what they ?? what I saw was

3 the 1023, which is equivalent to responses to

4 interrogatories. I don't know what else was really

5 asked or what was provided.

6 Q. Now, you know that the ?? by the

7 reorganization, by the incorporation of RTC, that

8 RTC was given the power and the responsibility in

9 protecting the religion to send missions into any

10 other Scientology organization, you know that,

11 don't you?

12 A. Yes. I don't know if the mission part is

13 stated in the bylaws.

14 Q. Well, we'll show you.

15 A. I don't remember that but it's certainly

16 stated in policy.

17 Q. We'll show you that. Just so it's

18 absolutely clear, in your direct testimony you

19 talked about missions, Sea Org missions, and you

20 showed a dictionary that defined a mission as a Sea

21 Org mission, but the fact of the matter is is that

22 as of 1981, 1982, the very incorporating documents

23 and bylaws of the RTC authorized the RTC itself and

24 CSI, for that matter, to send missions into various

25 organizations to protect the religion, correct?

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1 A. Okay.

2 Q. Now, let me show you what we'll mark as ??

3 let me show you what we'll mark as the next

4 exhibit, which ??

5 MR. WEINBERG: Might it be 37? Good

6 guess.

7 (Defendant's Exhibit No. 37 was marked for

8 identification.)

9 Q. ?? which is the ?? bear with me for one

10 second. ?? which is the bylaws, says revised

11 bylaws of RTC, Religious Technology Center, and

12 they are dated June 15th, 1982. All right?

13 MR. DANDAR: Exhibit 37?

14 MR. WEINBERG: Exhibit 37.

15 Q. Now, I want to refer you to some

16 paragraphs, particularly page 5 under Purposes.

17 MR. DANDAR: Let me interrupt just a

18 minute. Are you stipulating I have a running

19 objection to anything in reference to this

20 document since it's not properly identified or

21 authenticated, okay?

22 MR. WEINBERG: All right.

23 Q. Now, you do recognize this as the bylaws?

24 A. I wouldn't authenticate this.

25 Q. No, you wouldn't think of that, I mean but

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1 when you were in ASI back in 1982, you certainly

2 reviewed the various bylaws and articles that were

3 ?? of incorporation that were being worked on by

4 others at ASI at the time, correct?

5 A. Sometimes.

6 Q. But so it's absolutely clear, you didn't

7 ?? you weren't part of the team that worked on

8 these documents though, right?

9 A. No.

10 Q. There were others at ASI that worked on

11 these documents, right?

12 A. Yes.

13 Q. And there were a number of lawyers that

14 they worked with to put together these documents as

15 well, right?

16 A. Yes.

17 Q. And those people would certainly be much

18 more qualified to speak as to the ?? well, those

19 would be the experts, if there are any, on the

20 corporate structure of Scientology, right?

21 A. That's debatable as to if they told the

22 truth.

23 Q. Well, you're certainly no expert as to the

24 corporate structure of Scientology, are you?

25 A. Well, no, but if an organization is

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1 created, for example, to ?? for the purpose of ??

2 Q. I move to strike. I asked you a simple

3 question. I said are you ?? I said you're not an

4 expert on the corporate structure of Scientology

5 and you said no. Now, if Mr. Dandar, in redirect,

6 wants to ask you further, fine, but the answer is

7 no.

8 Now ??

9 MR. DANDAR: So you don't want him to

10 explain your answer then?

11 MR. WEINBERG: That's not an explanation.

12 Obviously, Ken, it's very apparent that

13 regardless of what he said, somebody sat down

14 with him yesterday, and so the idea is is he's

15 going to make speeches today. Well, we're not

16 going to have that.

17 MR. DANDAR: Why is that obvious?

18 MR. WEINBERG: Because that's very

19 obvious.

20 MR. DANDAR: Tell me why.

21 MR. WEINBERG: Because it's very obvious

22 what he's done. Ever since we've been here

23 this morning he's started to make speeches.

24 A. Excuse me?

25 MR. WEINBERG: And not answering

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1 questions.

2 MR. DANDAR: Well, the record will

3 reflect that you're totally wrong.

4 BY MR. WEINBERG:

5 Q. Now, if you go to page 5 of the document,

6 sir, if you go to page 5 of the document, under

7 Purposes, you'll agree with me that the bylaws of

8 RTC say that the corporation shall espouse,

9 present ??

10 A. Where are you?

11 Q. Page 5 at the top, where it says Purposes:

12 A. Okay.

13 Q. The corporation shall espouse, present,

14 propagate, practice, ensure and maintain the purity

15 and integrity of the religion of Scientology as the

16 same has been developed and may further be

17 developed by L. Ron Hubbard, et cetera, correct?

18 A. That's what the document says.

19 Q. Now, if you go to page 6 at the top, just

20 so it's clear, this ?? I mean you do understand

21 that the RTC has articles of incorporation and

22 bylaws?

23 A. Yes.

24 Q. And you understand that the other

25 Scientology organizations, like Flag and CSI, have

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1 articles of incorporations and bylaws, correct?

2 A. Yes.

3 Q. You also understand that there are license

4 agreements with regard to the marks and some of the

5 religious technology between RTC and CSI, correct?

6 A. Well, the marks and I wouldn't call it

7 religious technology but however it might be said

8 in the corporate papers. There are agreements,

9 licensing agreements.

10 Q. And there are what, in effect, are

11 sublicense agreements between CSI and other

12 Churches of Scientology as to the same, correct?

13 A. Yes.

14 Q. Now, if you go to page 6 at the top, am I

15 correct that the bylaws says: The church, this is

16 the church ?? what is defined as the RTC in this

17 document, as the protector of the religion of

18 Scientology shall manage, use and make available

19 for use by other church organizations, the

20 substantial body of confidential advance technology

21 ("Advanced Technology") which is part of the

22 scriptures and those service marks and trademarks

23 which are used in connection with the religion of

24 Scientology.

25 That's what it says, isn't it?

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1 A. That's what it says.

2 Q. And this confidential advanced technology,

3 that is these ?? that is what has been described

4 colloquially as some of the upper level materials

5 that there has been so much litigation about over

6 the last few years, correct?

7 A. That's part of it, yes.

8 Q. Now, if you go to page ?? you can't see

9 the page but it's page 8, where it says Creed, the

10 bylaws incorporate the Scientology creed that we

11 talked about yesterday, correct?

12 A. I'll stipulate the document says what it

13 says.

14 Q. Okay. Now, if you go to page 29, Section

15 3.

16 A. I'm just having trouble with these. They

17 are not numbered and the page is cut off.

18 Q. Do you see it?

19 A. Section 3, Religious Orders?

20 Q. Yeah. And that is a paragraph that

21 describes the establishment by RTC, in this case

22 the church, of establishing and maintaining

23 religious orders and those religious orders would

24 include the Sea Org, correct?

25 A. I have no idea. Religious orders appears

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1 nowhere in Mr. Hubbard's writings.

2 Q. Okay. So you don't know what they're

3 talking about there?

4 A. Well, it's not in anything of

5 Mr. Hubbard's. The phrase never appears religious

6 order, so it's a legal term.

7 Q. You don't know what a religious order is

8 then, right?

9 A. I don't see a definition here.

10 Q. So you don't know that the Jesuits are a

11 religious order?

12 A. Well, the Jesuits are a religious order,

13 but I'm just saying it's not within the Scientology

14 material.

15 Q. Right. I mean you are supposedly an

16 expert on something, I mean you would ?? something

17 that has to do with religion at least and you would

18 certainly acknowledge that in the history of

19 religion, there ?? with regard to any number of

20 religions, there have been religious orders of

21 people that have dedicated themselves to the

22 religion, correct?

23 A. Yes. That wasn't my point.

24 Q. I want to make sure. And that just as you

25 have Buddhist monks or Christian friars or Catholic

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1 Jesuits, there are ?? it is certainly consistent

2 with the way in which religions have gone about

3 their business over the centuries to have orders,

4 fraternal orders, religious orders, of those that

5 are most dedicated to the religion, correct?

6 A. Bona fide religions have done that.

7 Q. So, basically, what you're saying is is

8 that if somebody that has become an apostate and

9 has supported themselves as an apostate over the

10 past nine or ten years of your life, that in order

11 to continue to get money from people that are

12 trying to profit off of Scientology, you'll say

13 whatever you have to say with regard to the

14 religion, correct?

15 MR. DANDAR: Objection; argumentative. Is

16 that a question or a speech? Object to the

17 form.

18 MR. WEINBERG: I'll withdraw the

19 question.

20 Q. Now, if you go to ?? now, let me show you

21 and have marked ??

22 A. Are we done with this document?

23 Q. At the moment, yes. ?? the license ?? let

24 me have marked as the next exhibit, which is 38, a

25 license agreement, the license agreement between

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1 RTC and CSI dated May 18th, 1982.

2 (Defendant's Exhibit No. 38 was marked for

3 identification.)

4 MR. WEINBERG: I don't have a copy, Ken.

5 Yeah, here's one right here.

6 MR. DANDAR: Thank you.

7 Q. All right. Now, you didn't work on this

8 agreement, did you?

9 A. No.

10 Q. But you were aware of it, right?

11 A. Yes.

12 Q. And if you will look at page 1 of the

13 agreement, the first page, it further recites that

14 RTC was formed as the protector of the religion and

15 to maintain the purity and ethical use of the

16 religion, correct?

17 A. First of all, I don't know that this is

18 the document that it says it purports to be and the

19 document speaks for itself.

20 Q. All right. Well, are you going to act as

21 a lawyer today too or are you just going to answer

22 my questions?

23 A. Well, you asked me before to verify the

24 document. I can't verify the document and you're

25 reading it, so it just says what it says.

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1 Q. Well, let's look at the back. We're going

2 to go over what it says. Okay? I'm going to be

3 able to establish rather easily that these

4 documents are what they are. Okay?

5 A. That's fine.

6 Q. All right. So I'm not too concerned about

7 that.

8 MR. DANDAR: But I will object until that

9 happens in court.

10 MR. WEINBERG: You can object all you

11 want to.

12 MR. DANDAR: That's right.

13 MR. WEINBERG: I mean you can object all

14 you want to but, unfortunately, you're the one

15 that accelerated this process, Ken. Okay?

16 MR. DANDAR: No, no, no.

17 MR. WEINBERG: No, you accelerated this

18 process.

19 MR. DANDAR: Are we going to argue? Just

20 ask questions.

21 MR. WEINBERG: You accelerated the

22 process, just so the record is clear.

23 MR. DANDAR: Do you know how much editing

24 I'm going to have to charge you for for your

25 speeches to edit this out?

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1 MR. WEINBERG: It's kind of tough to have

2 gotten a document authenticated in court when

3 we do the trial testimony six months before

4 the trial. Okay?

5 MR. DANDAR: Well, this could have been

6 certified by somebody with the authority of

7 the Church of Scientology and ??

8 MR. WEINBERG: Oh, get out of here.

9 MR. DANDAR: ?? appropriately stamped.

10 MR. WEINBERG: Stop, just stop.

11 MR. DANDAR: This could have been printed

12 from a printer this morning.

13 MR. WEINBERG: That's what we did, and

14 we, you know, we got the signatures and, you

15 know, we did all that just this morning. We

16 just sort of threw this document together.

17 Now, of course, these documents are on file

18 with the IRS and have been looked at by people

19 over the years.

20 MR. DANDAR: Well, they should have a

21 Bates number on them.

22 MR. WEINBERG: Have been looked at by,

23 you know, I mean ??

24 MR. DANDAR: Filed by the IRS, so where

25 is the IRS stamp? You know what I'm saying?

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1 He's not authenticating documents.

2 MR. WEINBERG: I know what you're saying.

3 What you're saying is you're trying to disrupt

4 the deposition and what you're doing ?? no,

5 you are, Ken, and what you're doing is just

6 absurd, but, you know, however long it takes,

7 we'll do it.

8 BY MR. WEINBERG:

9 Q. Now, look at this document, please, sir.

10 MR. DANDAR: My objection is noted.

11 Q. Now, it says in the recitals that the RTC

12 was formed to be a protector of the religion of

13 Scientology and to maintain the purity and ethical

14 use of the philosophy and technology of the

15 religion.

16 THE COURT REPORTER: I can't take that

17 down so fast. Sorry.

18 Q. It says, does it not, sir, that RTC was

19 formed to be the protector of the religion of

20 Scientology and to maintain the purity and ethical

21 use of the philosophy and technology of the

22 religion, including the services and the products

23 associated with the religion, and to own the

24 service marks and the trademarks associated with

25 those services and products, is that correct?

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1 A. Yes sir.

2 Q. That's what it says?

3 A. That's what it says.

4 Q. And in fact, you learned that that was the

5 case, that RTC did own the marks, the service marks

6 and the trademarks and some of the upper level

7 materials, correct?

8 A. Yes.

9 Q. And you know from the time that ?? until

10 you left the church that the RTC was responsible

11 for protecting the integrity of those marks and the

12 way that those marks and Scientology was applied

13 around the world, you know that, correct?

14 A. I missed the front end of that. You said

15 from a time to?

16 Q. From the time that this was incorporated

17 in 1981, 1982, until you left in 1989, you know

18 that, in fact, RTC was responsible for protecting

19 the use of those marks and the use of the materials

20 around the world, you know that they were?

21 A. No, that wasn't true.

22 Q. Okay. Now, the ?? if you go to the next

23 page, 2, subparagraph B: CSI is the Mother

24 Church ??

25 A. Excuse me. What page are you on?

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1 Q. 2, subparagraph B: CSI is the Mother

2 Church and the highest ecclesiastical authority of

3 the religion of Scientology, and has been and is

4 committed and dedicated to the advancement and

5 dissemination of the religion of Scientology in

6 accordance with the Scientology Scriptures, through

7 the organizations of the religion of Scientology,

8 including Churches and Missions, that are under its

9 ecclesiastical control and supervision, that's what

10 it says, isn't it?

11 A. That's what it says.

12 MR. DANDAR: Same objection.

13 MR. WEINBERG: You have a continuing

14 objection.

15 MR. DANDAR: Okay.

16 MR. WEINBERG: Do you want to just keep

17 interrupting?

18 MR. DANDAR: No. I'd be like you then. I

19 don't want to do that. Right, continuing

20 objection. Go ahead.

21 BY MR. WEINBERG:

22 Q. And CSI is the mother church, isn't it?

23 A. That's its current designation, yes.

24 Q. That's been its designation since it was

25 created in 1981, '82, correct?

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1 A. That was its designation, that's what I

2 just said.

3 Q. Now, C: RTC is the owner by assignment

4 from L. Ron Hubbard of certain service marks and

5 trademark, diagnostic spiritual healing technology,

6 Scientology applied religious philosophy, and it

7 lists other things.

8 And that was true, wasn't it, RTC was the

9 owner of that?

10 A. I lost you. You seemed to break up your

11 reading. I didn't follow that. Where were you?

12 Q. C. It is true that RTC was the owner of

13 those things that are set forth there?

14 A. I'm not going to contest it, the document.

15 Q. Now, if you go to page 4, under Grant ?? I

16 mean you profess to be an expert in Scientology,

17 right?

18 A. Yes.

19 Q. All right. So amongst that which you

20 supposedly know something about is the corporate

21 structure of Scientology, right?

22 A. No. That's ?? corporate is not part of

23 Scientology.

24 Q. Okay. So you don't really know anything

25 about the corporate part of Scientology?

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1 A. I didn't say that.

2 Q. You know, by the way, that the Catholic

3 church has a corporate structure, you know that,

4 don't you?

5 A. I would assume so.

6 Q. You know that the diocese are incorporated

7 in this country?

8 A. I would assume so.

9 Q. You know that there is a hierarchical

10 structure with, in essence, the Vatican on the top

11 and all these corporations underneath it, you

12 understand that, don't you?

13 A. I'm sure it is.

14 Q. And you know that they have a body of laws

15 called the canon laws that relate to the way in

16 which the church runs, you know that, don't you?

17 A. Yes.

18 Q. Scientology is set up in a similar way,

19 isn't it?

20 A. No.

21 Q. Now, on page 4, Grant, RT ?? where it says

22 Grant, it says: RTC grants to CSI ??

23 A. Excuse me. Which paragraph again?

24 Q. Where it says Grant.

25 A. Okay.

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1 Q. RTC grants to CSI the right and license to

2 use each and all of the marks in connection with

3 services pertaining to the religion of Scientology

4 rendered by CSI in all countries of this planet

5 where RTC has or acquires rights in the marks.

6 Now, that's what ?? that was true, you

7 recall that when you were at ASI and at the church

8 from '82 to '89, that, in fact, RTC had granted the

9 right and the license of CSI as the mother church

10 to use certain marks and technology, correct?

11 A. I didn't see the grant but I assume ??

12 assume it would be there.

13 Q. Now, if you go to page 7, subparagraph B,

14 it's correct, is it not, that RTC had the right to

15 prescribe standards and specifications with regard

16 to proper use and display of the marks, correct?

17 A. That's what the document says.

18 Q. But that was the practice too, you

19 understood that, that that's what happens while you

20 were there, that RTC was the one that set the

21 standards, correct?

22 A. No.

23 Q. Well, you understand that CSI and its

24 related organizations using the marks were

25 prohibited from engaging in any activity that was

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1 in conflict or hostile to the Scientology ?? to

2 Scientology, you understood that they couldn't do

3 that, correct?

4 A. Yes.

5 Q. And that you understood that if they did

6 do that, that RTC had the power and the authority

7 to stop it?

8 A. Amongst other sections.

9 Q. Now, let's look at D in this license

10 agreement. And you would acknowledge that a

11 license agreement is a legal document, right, is a

12 legal agreement?

13 A. Maybe, if ?? unless you held a gun to my

14 head and had me sign it, you know.

15 Q. Are you suggesting that somebody held a

16 gun to ?? let's see who signed this.

17 A. No, no. I just ?? my point is you

18 asked ??

19 Q. Well, you know who Heber Jentzsch is,

20 right?

21 A. Of course.

22 Q. Right. And you know who ?? can you

23 recognize the signature of the then president of

24 the RTC?

25 A. No.

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1 Q. Do you know who the president of RTC was

2 in 1982?

3 A. No.

4 Q. But you're not suggesting that anybody

5 held a gun to Heber's head, right?

6 A. That wasn't your questions.

7 Q. Stephen Marlowe, you know who Stephen

8 Marlowe is?

9 A. Yeah.

10 Q. All right. Now, let's go to D on page 7

11 and let's look at this closely. This license

12 agreement says: RTC shall have the right to

13 monitor all operations of CSI and its related

14 organizations, inspect all books, records and

15 facilities pertaining to the use of the marks, and

16 then it goes on. And in fact, that was the

17 situation, that RTC could come in at any time in

18 any of the Scientology organizations and inspect,

19 correct?

20 A. Amongst other organizations, yes.

21 Q. Now, let's go to E: RTC may, if it ever

22 deems it necessary or advisable, send a corrective

23 mission to any organization authorized to use the

24 marks, to correct any deviation from the standards,

25 specifications or guidelines of this agreement, and

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1 then it goes on to say CSI shall reimburse them for

2 it.

3 That was the case, that's what the

4 document says and that was, in fact, the case,

5 wasn't it?

6 A. That what's the document says and that was

7 not the case.

8 Q. That was not the case. So RTC didn't have

9 the right to send a mission? I thought you said a

10 few minutes ago that they had a right to send a

11 corrective mission in to any organization?

12 A. I said amongst other things. The Sea Org

13 was a different echelon.

14 Q. I'm not talking about the Sea Org right

15 now. I'm talking about RTC.

16 A. I'm just answering your question. I said

17 they were amongst that and there was other

18 prongs ??

19 Q. Well, answer my question as to RTC. Did

20 RTC have the right to send in a corrective mission

21 at any time in any org in Scientology to correct a

22 situation?

23 A. That's what the document says.

24 Q. And that was, in fact, the case, wasn't

25 it?

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1 A. No.

2 Q. Now, that's the case today, isn't it?

3 A. They send in missions but you won't let me

4 answer my question so I can only respond to the

5 document.

6 Q. That's the case today, isn't it, that the

7 RTC at any time in any place can send a corrective

8 mission into any Scientology organization?

9 A. I'm sure it is.

10 Q. And that was the fact in 1995, wasn't it,

11 that the RTC at any time in any place could send a

12 corrective mission into any organization?

13 A. I'm sure it was.

14 Q. Now, when the word ?? you know what a

15 corrective mission is, don't you?

16 A. Yes.

17 Q. Well, tell the jury what a corrective

18 mission is.

19 A. A narrative?

20 Q. What's a corrective mission? I mean ??

21 well, strike that.

22 A corrective mission is a group of people

23 that an org would send in to take action with

24 regard to an incident, correct?

25 A. To fix or correct something.

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1 Q. Right. So when it says mission, mission

2 is just a descriptive term essentially for one or

3 more people that an org would send somewhere else

4 for a task, right?

5 A. Derived from the naval term sending out a

6 mission.

7 Q. Right. And in this case ?? I mean in this

8 case, in this document ?? I mean ?? well, strike

9 that.

10 You realize that the Catholic church

11 provides for sending missions from the Vatican to

12 its diocese or churches around the world to take

13 control with certain incidents, you know that they

14 have that ability?

15 A. I don't know that.

16 Q. You don't know that?

17 A. I don't know what they send out. I'm not

18 ready to testify about the Catholic church.

19 Q. Well, but you are supposedly an expert,

20 correct?

21 A. Not on the Catholic church, no.

22 Q. Well, but you seem to find the fact that

23 Scientology has created organizations that are

24 incorporated to be, you know, something strange or

25 different or evil.

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1 A. I didn't say that.

2 Q. Well, that's the suggestion though, isn't

3 it?

4 A. No.

5 Q. But the truth of the matter is, is that

6 you know that many churches in the United States,

7 Baptist churches, Catholic churches, other

8 Christian denominations, are incorporated for legal

9 purposes and legal reasons, you know that, don't

10 you?

11 A. I'm sure they are.

12 Q. And you know that many religions are

13 organized, not just the Catholic church, but many

14 other religions are organized in a hierarchical

15 fashion, you know that, don't you?

16 A. I'm sure they are.

17 Q. And you know that many religions,

18 including the Catholic church, have provisions that

19 allow them to protect the integrity of the religion

20 and the scripture, you understand that, don't you?

21 A. I don't know that.

22 Q. Well, you understand that ?? and we talked

23 a little bit about it yesterday, that ?? do you

24 understand that in religions over the years, not

25 just the Catholic church, but other churches,

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1 excommunicate members, do you understand that

2 churches have that ability?

3 A. Yes.

4 Q. And that oftentimes people that are ??

5 that have violated the tenets of the church,

6 whatever the church is, whether it's the Catholic

7 church or the Christian church or a fundamentalist

8 church, are subject to ecclesiastical laws that

9 would lead to, in some cases, excommunication, you

10 understand that, don't you?

11 A. Some might. I understand the concept.

12 Q. Well, you ?? I mean you understand that

13 religions, many religions have their own legal

14 systems, internal legal systems, ecclesiastical

15 legal systems, you understand that, don't you?

16 A. Yes.

17 Q. And that many religions, just like the

18 Catholic church, essentially have a system of

19 ethics, internal ecclesiastical ethics, you

20 understand that, don't you?

21 A. Religions and churches have that. I'm not

22 arguing with that.

23 Q. Right. And so that ?? I mean, you know,

24 in this country, in this country, where we have

25 First Amendment protections, you know, our

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1 government stays out of the internal ecclesiastical

2 affairs of religions, you understand that, don't

3 you?

4 A. As long as it doesn't break the law.

5 Q. Well, I mean, for example, I mean let's

6 just take the discrimination laws. We don't have

7 women priests in Catholic churches, right? They

8 are excluded from becoming priests. And yet ?? and

9 we have strong laws in this country that protect

10 women's rights, the rights of minorities, but they

11 are, because they are a religion, they are

12 protected from those discrimination laws, aren't

13 they? You know that, don't you?

14 MR. DANDAR: Objection; calls for a legal

15 opinion.

16 A. I was just ??

17 MR. WEINBERG: Go ahead. You've made

18 your ??

19 MR. DANDAR: It is not a question.

20 MR. WEINBERG: It is a question.

21 Q. You understand that, don't you?

22 MR. DANDAR: Object to the form.

23 A. I can only respond to what I know

24 publicly. I'm not familiar with the laws of a

25 church versus court rulings on discrimination, I

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1 just know that, no, there are no women priests and

2 I know there are discrimination laws, but I can't

3 go into the interfacing of the law on that.

4 Q. But you are here supposedly as an expert

5 and ??

6 A. About Scientology. You keep trying to

7 change it.

8 Q. No, but, you know what, sir,

9 Scientology ?? your position is is that Scientology

10 isn't a religion?

11 A. That's correct.

12 Q. And your position is at odds with what the

13 United States government has determined, the State

14 Department, Labor Department, IRS, with regard to

15 Scientology in various courts, right?

16 MR. DANDAR: Object to the form.

17 Q. Right?

18 A. There you go.

19 Q. Right?

20 A. Yeah.

21 Q. And your position is at odds with many

22 religious scholars that have concluded otherwise,

23 that Scientology is a religion, right?

24 MR. DANDAR: Object to the form.

25 Q. Correct?

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1 A. That is correct.

2 Q. Okay. And the only way that one can

3 determine, if it were relevant, whether or not

4 Scientology is or is not a religion is to look at

5 religions and what religion is, correct?

6 A. That would be one of the ways.

7 Q. Right. So that if the point is somehow

8 that the way in which Scientology has been set up

9 corporately is in question, then one could look at

10 other religions and see how they do it, right, as

11 an expert?

12 A. If an attorney ?? you're talking legal

13 terms now.

14 Q. I'm talking expert terms. So that if

15 Scientology is set up, for example, like the

16 Catholic church in a corporate structure, one might

17 say, well, that ?? I understand now why.

18 A. Understand what?

19 Q. Strike that. That just wasn't a good

20 question. I mean do you understand that ??

21 MR. WEINBERG: Ken, can you just restrain

22 yourself, please? Okay. Restrain yourself.

23 MR. DANDAR: This is torturous.

24 MR. WEINBERG: No. Restrain yourself.

25 MR. DANDAR: Restrain myself?

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1 MR. WEINBERG: Do you want to do this in

2 court, do you want to go huh, huh, and make

3 all these noises?

4 MR. DANDAR: Well, you just went ??

5 MR. WEINBERG: I cleared my ??

6 MR. DANDAR: That was part of your

7 question.

8 MR. WEINBERG: Stop.

9 MR. DANDAR: Go ahead.

10 MR. WEINBERG: No. You made a lot of

11 noise yesterday about people smirking and

12 doing this and you're sitting there going huh,

13 huh, and making noise, and rolling your eyes.

14 MR. DANDAR: Well, the microphone will

15 pick up if I said huh, huh. Okay?

16 MR. WEINBERG: Everybody in the room can

17 hear it.

18 MR. DANDAR: Did you hear that? That's

19 clearing my throat.

20 MR. WEINBERG: You weren't clearing your

21 throat, and you know it. And don't ??

22 MR. DANDAR: Please, go. You're wasting

23 time.

24 MR. WEINBERG: No, I'm not. You're

25 wasting time.

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1 BY MR. WEINBERG:

2 Q. Now, the point is what else can an expert

3 look at other than the body of the field that he's

4 supposedly an expert in, correct?

5 A. True.

6 Q. All right. But you haven't?

7 A. Haven't what?

8 Q. You haven't studied the body of the field

9 of religion, have you?

10 A. I have studied the body of Scientology and

11 have been active in that body extensively.

12 Q. But what you haven't done, and you can't

13 do, is study other religions and compare them to

14 Scientology, you haven't done that, have you?

15 MR. DANDAR: Object to the form.

16 Q. Have you?

17 A. I've responded to my studies earlier,

18 what qualifies me.

19 Q. Well, just answer my question. You

20 haven't done that, have you?

21 A. Yes.

22 Q. You have done that?

23 A. To the extent that I have, yes.

24 Q. No, but you haven't because you don't ??

25 because you haven't studied Buddhism or Catholicism

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1 or all these other religions that I've asked you

2 about, correct?

3 A. Are you going to accuse me or ask me?

4 Q. I just asked you.

5 A. We went through this. I went through my

6 studies of what I had read and my studies of

7 philosophy and my graduate studies and that's on

8 the record.

9 Q. Let's go to the next license agreement,

10 which is the CSI church license agreement. I will

11 mark my copy and we'll substitute one that doesn't

12 have highlights on it.

13 (Defendant's Exhibit No. 39 was marked for

14 identification.)

15 MR. DANDAR: This is 39 and what is it?

16 MR. WEINBERG: It's the license agreement

17 between CSI and, in this case, Flag. Okay?

18 Dated May 26, 1982, signed by Heber Jentzsch

19 for the Church of Scientology International

20 and I can't read who signed it for Flag.

21 MR. DANDAR: Same running objection,

22 right?

23 MR. WEINBERG: Yeah.

24 A. Just to clarify, it's Flag Service

25 Organization.

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1 Q. Right. I want to, if I could take you

2 through it real quickly, you know that there was a

3 license agreement between the mother church and

4 various other churches, including Flag Service

5 Organization, correct?

6 A. I'm sure there was.

7 Q. Okay. And I want to show you all of the

8 recitations before but I want to specifically refer

9 you to page 11 ?? I want to refer you to page 5, 6

10 and 7, which is ?? which are the very similar

11 provisions as in the RTC license agreement with

12 CSI, and it has the control and supervision

13 provisions and, in particular, it has ?? this is

14 Control and Supervision and it has these two

15 paragraphs that we saw in the last one and this one

16 on page 6. This agreement between CSI and Flag

17 Service Organization says: CSI and RTC shall have

18 the right to monitor all operations of church ?? in

19 this case church is Flag ?? with respect to the

20 marks, inspect all books, records and facilities

21 pertaining to the use of the marks, et cetera.

22 You understand that that's what the

23 document says but you also understand and saw that

24 between '82 and '89, when you left, that CSI and

25 RTC had the right to monitor the operations of

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1 Flag, among other churches, correct?

2 A. I would say power, right.

3 Q. Power, that's even better. Now, and then

4 E says: CSI may, if it ever deems it necessary or

5 advisable, send a corrective mission to church,

6 which in this case is Flag, just so you know

7 that ?? church is Flag, right? CSI may, if it ever

8 deems it necessary or advisable, send a corrective

9 mission to church to correct any deviation from the

10 standards, specifications or guidelines of this

11 agreement and church shall reimburse CSI. So that

12 that's what the document says, correct?

13 A. Yes.

14 Q. And that, in fact, was the case, that CSI

15 could send a corrective mission to Flag with regard

16 to any situation regarding the religion, correct?

17 A. Well, with regard to anything that was

18 happening at Flag.

19 Q. Right. Just as RTC could send a

20 corrective mission, correct?

21 A. They could. This seems to be sort of a

22 break point. Could we pause for a moment?

23 Q. Yeah, if you want.

24 A. Is that a good one?

25 Q. Yeah, that's okay.

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1 A. I'd like to do one very soon ??

2 Q. Well, I've got ?? well, I mean whatever

3 you want.

4 A. Well, you sort of seem to be between

5 documents.

6 Q. That's fine.

7 MR. DANDAR: Go ahead. Take a break.

8 (Recess.)

9 BY MR. WEINBERG:

10 Q. Now, once it was announced that the

11 corporate structure of the religion of Scientology

12 had been reorganized, there was a lot of fanfare,

13 my word, about this change, correct?

14 A. No.

15 Q. Well, I'm talking about within

16 Scientology.

17 A. No.

18 Q. The change itself was embraced by

19 Mr. Hubbard within Scientology, was it not?

20 A. I don't know that.

21 Q. Well, you don't know that Mr. Hubbard

22 issued either policies or reports or writings to

23 Scientology staff and public endorsing the change

24 that gave RTC the powers to protect the purity of

25 the religion and gave CSI the power as the mother

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1 church?

2 A. There was some alluding to it. I just

3 don't know the extent of it.

4 Q. Well, you are the expert on Scientology,

5 right? Right?

6 A. Yes.

7 Q. And one of the things that you have

8 testified about is that your belief in some way

9 that this corporate reorganization was not what it

10 was made out to be, right?

11 A. Yes.

12 Q. You've also testified that the words and

13 writings of Mr. Hubbard within Scientology are not

14 to be changed or challenged, right?

15 A. Yes.

16 Q. That ?? and you've acknowledged, although

17 you quarrel with whether or not when ?? whether or

18 not the writings of Mr. Hubbard should be called

19 scripture because you're here against Scientology,

20 you acknowledge that it is the writings of

21 Mr. Hubbard that are the fundamental basis of

22 Scientology, correct?

23 MR. DANDAR: Objection to the form.

24 Q. Is that right?

25 A. I can't respond when you say I'm here to

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1 be against Scientology, so I can't respond to the

2 question as put.

3 Q. Okay. Fine. Well, you're not here as our

4 witness, are you?

5 A. No.

6 Q. No, no. And you have certainly, in the

7 last nine years, not embraced your former religion?

8 MR. DANDAR: Objection to the form.

9 Q. Correct?

10 A. I'll go with that as far as embracing, no.

11 Q. Okay. Now, the ?? you would acknowledge

12 that it is the writings of Mr. Hubbard that embody

13 the belief system of Scientology?

14 A. I said yesterday I have trouble with

15 belief system but embody the policies which guide

16 the organization, I have no qualms with that.

17 Q. It's not just the policies, it's the

18 technology with regard to the fundamental tenets of

19 Scientology, right?

20 A. How it operates, I'm agreeing policies and

21 the red technologies. I don't ?? I don't question

22 that.

23 Q. So that when Mr. Hubbard spoke or wrote,

24 for somebody committed to Scientology, that was a

25 very important statement or writing, correct?

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1 A. If it came from him.

2 Q. Correct. That's what I'm saying, if it

3 came from him, is that right?

4 A. Yes, because I also authored stuff by him,

5 so there is that question. If it really came from

6 him, then it would be from him.

7 Q. Or I suppose one could say the same thing

8 about Jack Kennedy. I mean Jack Kennedy and many

9 presidents are pretty busy and they have speech

10 writers, but when they actually utter the speech or

11 give the speech, they embrace what they say,

12 correct?

13 A. That would be correct.

14 Q. So you're not suggesting that there is

15 anything improper about assistance being given to

16 Mr. Hubbard with regard to the preparation of some

17 of the materials that were issued by him, correct?

18 A. Not at all, providing he sees and approves

19 it, then it does become his.

20 Q. All right. Now, you remember Ron's

21 Journal 38?

22 A. Yes.

23 Q. What is Ron's Journal 38?

24 A. It was one of a ?? well, you'd have to set

25 the basis for what Ron's Journals are.

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1 Q. Well, what are Ron's Journals?

2 A. They are occasional issues by him on a

3 variety of topics which were different from the

4 technology and the policies, which were more like

5 briefings on subjects, overviews, could take any

6 variety of subjects, maybe end of the year

7 speculation. So they were sort of a freewheeling

8 ?? usually a freewheeling subject.

9 Q. And they were written by him or issued by

10 him, is that right?

11 A. Issued by him. I don't know how many were

12 written by him but they were accepted as coming

13 from him.

14 Q. And you accepted them as coming from him?

15 A. Until a certain point.

16 Q. And they were for both staff members and

17 public members, weren't they?

18 A. They were what we call BPI, which was

19 broad public issue, which meant public and staff.

20 Q. Okay. Now, let me ?? and what do you

21 remember Ron's Journal Number 38 as?

22 A. That was a wide?ranging one on a variety

23 of topics and RTC was mentioned in that one. I

24 remember because we helped to compile it.

25 Q. You mean the restructuring of ?? the

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1 creation of RTC?

2 A. No. Helped provide information for Number

3 38.

4 Q. No. I understand that. I said ?? when

5 you said RTC was mentioned in that one, you're

6 talking about the establishment and the empowerment

7 of RTC was discussed in Ron's Journal Number 38?

8 A. In some words. I don't remember the exact

9 words but it was an endorsement and recognition of

10 RTC in 38.

11 (Defendant's Exhibit No. 40 was marked for

12 identification.)

13 Q. All right. Well, let me show you as

14 Exhibit 40 Ron's Journal Number 38 issued ?? you

15 remember that it was issued on December 31st, 1983,

16 right at the end of the year?

17 A. Yes.

18 MR. DANDAR: Can you give me that date

19 again? Do you have another copy?

20 MR. WEINBERG: New Year's Eve of 1983.

21 MR. DANDAR: Thank you.

22 MR. WEINBERG: Do I have another copy?

23 Yeah, here you go.

24 MR. DANDAR: Thanks.

25 MR. DANDAR: This is Number 40, correct.

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1 MR. WEINBERG: Yes.

2 BY MR. WEINBERG:

3 Q. You see that quite a bit of the beginning

4 of Ron's Journal Number 38 has to do with RTC,

5 correct?

6 A. On my copy it starts, I think, on page 2.

7 Q. Right. And on the fourth ?? really third

8 major paragraph from the bottom it says ?? it

9 starts what I will be doing. Do you see that?

10 A. Which page?

11 Q. Page 2, the one you referred to, third

12 paragraph, third big paragraph from the bottom, it

13 starts what I will be doing.

14 A. Oh, that's way up. I'm sorry. I see the

15 paragraph.

16 Q. Okay. And the second sentence of that

17 says: As you may know, a long time ago I made a

18 free gift of all trademarks of Dianetics and

19 Scientology to an independent nonprofit

20 corporation. This was the Religious Technology

21 Center. I no longer own these marks. And RTC

22 controls the licensing and use of all trademarks.

23 And here is how it is keeping Scientology working.

24 Okay, operator, please light up to RTC summary.

25 And then he proceeds to describe what RTC

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1 is doing and what their responsibilities are,

2 correct?

3 A. Yes.

4 Q. Now, if you go to page 4, the ?? at the

5 top, the second major paragraph where it says a

6 full reorganization ??

7 A. Yes.

8 Q. This is under International. Not only

9 were the Scientology churches and corporations

10 reorganized in the United States, they were

11 reorganized internationally as well in the early

12 '80s, is that correct?

13 A. Yes.

14 Q. And, in fact, Mr. Hubbard here says: A

15 full reorganization of corporate status of all

16 Scientology churches and corporations, and he's

17 speaking internationally now, was successfully

18 concluded a year ago. Correct?

19 A. Yes.

20 Q. And that was the case, wasn't it?

21 A. Yes.

22 Q. Now, if you go to page 14 ?? are you on

23 14?

24 A. I'm getting there.

25 Q. You remember in this journal, Mr. Hubbard

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1 talked about some of the problems that had arisen

2 in the Guardian's Office and other places that

3 resulted in the reorganization of Scientology, you

4 remember that, don't you?

5 A. I'd have to go back and remind myself, but

6 probably, in its 14 pages.

7 Q. All right. Now, if you look at page 14,

8 the paragraph that begins BUT, it's a big paragraph

9 and BUT is in full caps, do you see that?

10 A. Yes.

11 Q. Correct? And Mr. Hubbard says: BUT, can

12 a power push against the church happen again?

13 Well, only if you fail to turn your back on

14 squirrels.

15 And squirrels are people that are against

16 Scientology, right?

17 A. No, that's not actually the technical

18 definition in that way.

19 Q. Well, it's an apostate?

20 A. No.

21 Q. A person trying to take over, use the tech

22 on their own?

23 A. That can be but that's not ?? somebody can

24 be squirreling, turning it into a verb, inside the

25 organization, not be outside the organization.

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1 Q. Right. Somebody could, for example, steal

2 the marks and try to start ?? and try to use them?

3 A. That would be by their definition an

4 example of a squirrel.

5 Q. Okay.

6 A. But I just meant there is other

7 definitions.

8 Q. And, in fact, there were problems in the

9 '80s with a group of people that actually stole the

10 marks and then tried to use them, correct?

11 A. I believe that's right.

12 Q. All right. Now, in this paragraph: BUT,

13 can a power push against the church happen again?

14 Well, only if you fail to turn your back on

15 squirrels and demand on?policy actions and HCOB

16 tech ?? that's the Red Book, right?

17 A. Yes.

18 Q. ?? in all executives and if you support

19 only those who work to keep Scientology working.

20 My earnest advice is only deal with or associate

21 with those organizations licensed by RTC and the

22 auditors in good standing with the church.

23 Now, it was very clear, was it not, from

24 Ron's Journal Number 38 that he was endorsing the

25 reorganization of Scientology, including the

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1 establishment of RTC and CSI?

2 A. The document says what it says.

3 Q. But there was no ?? you were there, you

4 were at ASI at the time. There was no dispute

5 within Scientology that Mr. Hubbard, in 1981, 1982,

6 1983, endorsed and endorsed very publicly the

7 reorganization of Scientology?

8 A. Yes.

9 Q. Now, if you go ?? you know what executive

10 directives are? What are executive directives?

11 A. Those were what we call Blue on White

12 issues.

13 Q. I thought it was Blue on Blue?

14 A. Okay. Issued by Hubbard.

15 Q. Am I right or wrong, is it Blue on Blue or

16 Blue on White?

17 A. You could find them actually coming out

18 both ways.

19 Q. Okay.

20 A. That were from Hubbard which gave specific

21 orders, usually as it is ?? that's why it was named

22 a directive, on things to be implemented, differing

23 from the journal, which was like a briefing.

24 Q. Do you remember that there were

25 executive ?? and these were more for staff members?

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1 A. Some LRH EDs, as they were called, would

2 become BPI, broad public issue. Some were meant

3 internally. Most of the other LRH EDs were ?? went

4 to public too.

5 Q. And do you remember ED 58?

6 A. Not by number.

7 Q. Did you read the EDs?

8 A. Yes.

9 Q. You read all the EDs?

10 A. Yes.

11 Q. And do you remember that there were one or

12 more EDs that were issued following the

13 reorganization of Scientology setting forth and

14 endorsing this change?

15 A. There was something issued. I don't

16 remember specifically what it said.

17 (Defendant's Exhibit No. 41 was marked for

18 identification.)

19 Q. Let me show you what we'll mark as Number

20 41, which is an executive directive dated May 19th,

21 1982, ED 58 WDC, entitled Scientology and Dianetics

22 Services, Use of the Trademarks. I ask you to look

23 at it and identify this as one of the EDs that you

24 read.

25 A. This is not an LRH ED.

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1 Q. Now, this is issued by the watch dog

2 committee, right?

3 A. Yes. I just ?? I thought you were

4 referring to an LRH ED.

5 Q. This is a ?? I mean did you read these EDs

6 as well, the watch dog committee EDs?

7 A. A lot of them.

8 Q. And do you remember this one?

9 A. Yes.

10 Q. Do you remember that ?? and the watch dog

11 committee, by the way, was a committee in CSI?

12 A. See, that's sort of like the 300?pound

13 gorilla. It was where it was. It was at the

14 management level, the most senior management.

15 Q. May 18th, 1982, it was in CSI, right?

16 A. Fine.

17 Q. Now, this document, this ED also sets

18 forth in some detail the reorganization with regard

19 to the authority and power of RTC and CSI, correct?

20 A. Yes.

21 Q. Okay. Now, you're familiar with the IG

22 network bulletin?

23 A. I've seen them.

24 Q. And what are they?

25 A. Those were, when they were first issued,

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1 were meant to be briefings about the inspector

2 general network, which was a section of RTC.

3 Q. Okay. And there were actually signs

4 posted throughout various Scientology churches and

5 organizations around the world advising both public

6 and staff members of the IG and RTC and where to

7 report a whole series of incidents, including what

8 would be referred to as suppressive acts, correct?

9 A. Yes.

10 Q. And those ?? you've seen those

11 bulletins ?? what I call bulletins. You've seen in

12 various ?? in almost every Scientology publication

13 there will be a ?? some sort of an ad or a box that

14 will apprise the reader of the IG network at RTC,

15 correct?

16 A. Over what period of time?

17 Q. Well, you tell me. You're the expert.

18 A. They finally became dominant, as you've

19 described it, but it took a while. It was probably

20 not until maybe '84, '85 that it became more

21 dominant.

22 Q. Certainly by 1995?

23 A. Yes.

24 Q. Now, you testified on direct about Flag

25 Order 3079 that was purportedly issued by

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1 Mr. Hubbard immediately before his death in January

2 1986, right?

3 A. Yes.

4 Q. Now, Mr. Hubbard died on January 24th,

5 1986, is that right?

6 A. Yes.

7 Q. And this Flag Order was supposedly issued

8 five days before his death on January 19th, '86.

9 A. Dated, not issued.

10 Q. Supposedly dated five days before his

11 death, right?

12 A. Yes.

13 Q. And this Flag ?? what are Flag Orders, by

14 the way?

15 A. They originated back on the ship Apollo.

16 They were orders to the crew. The Apollo was

17 called the Flagship or Flag, so they were a type of

18 order that was issued.

19 Q. Yeah.

20 A. And as later on extended to just Sea

21 Organizations and Sea Organizations would get Flag

22 Orders, so it just became wider than just the

23 original Apollo.

24 Q. Now, this Flag Order 30 ?? was it 303879?

25 3879, supposedly or on its face designated Pat

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1 Broeker, B?r?o?e?k?e?r, as the first loyal officer,

2 right?

3 A. Yes.

4 Q. It, in essence, created a new Sea Org

5 rank, correct?

6 A. Yes.

7 Q. And then it designated, supposedly, his

8 wife, Mr. Broeker's wife, as like the second loyal

9 officer, right?

10 A. Yes.

11 Q. And if it were to be believed, then upon

12 Mr. Hubbard's death Mr. Broeker from that Flag

13 Order would have had the highest rank in the Sea

14 Org as the first loyal officer, right?

15 A. Yes.

16 Q. And Mrs. Broeker would have had the second

17 highest rank as the second loyal officer, correct?

18 A. Yes.

19 Q. Now, neither Mr. Broeker or Mrs. Broeker

20 had any kind of post in any of the new Scientology

21 organizations, correct?

22 A. Correct.

23 Q. Now, you then identified in your testimony

24 a April 18th, 1998 Flag Order that canceled 3879,

25 right?

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1 A. Yes.

2 Q. And that cancellation Flag Order was

3 issued by David Miscavige as chairman of the board,

4 Religious Technology Center, is that right, sir?

5 A. Yes.

6 Q. And what that cancellation said, in

7 essence, was that Flag Order 3879 that had

8 supposedly designated Mr. and Mrs. Broeker as

9 first ?? as loyal officers, was a fraud, right?

10 A. Yes.

11 Q. And that Mr. Hubbard hadn't actually

12 issued them, correct?

13 A. Yes.

14 Q. Or written them, right?

15 A. Yes.

16 Q. Now, the fact is, sir, that I then asked

17 you in what was a small effort at getting some what

18 we call voir dire when those documents were

19 presented to you, whether Mr. Hubbard wrote 3879.

20 Do you remember I asked you that?

21 A. Yes.

22 Q. And you remember that you hesitated to

23 answer, right?

24 A. Yes.

25 Q. And then you said I don't know, right?

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1 A. Yes.

2 Q. The fact is that you, back in ?? while you

3 were in ?? still in the Church of Scientology, you,

4 Mr. Young, believed that Pat Broeker wrote 3879 and

5 not Mr. Hubbard, right?

6 A. No.

7 Q. You believed that, didn't you?

8 A. No.

9 Q. Didn't you believe that Mr. Broeker had

10 forged it?

11 A. No.

12 Q. And didn't you conclude that Mr. Hubbard

13 had not written it?

14 A. No.

15 Q. And didn't you believe that it just wasn't

16 Mr. Hubbard's style?

17 A. No. It's very close to his writing style.

18 Q. All right. And the fact is you actually

19 wrote ?? by the way, you were a good friend of

20 Mr. Broeker's right?

21 A. Yes.

22 Q. And in fact, you, to this day, and I think

23 you said so on your direct testimony, attribute

24 your ultimate demise in the Church of Scientology

25 to the fact that you had associated yourself with

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1 Mr. Broeker, right?

2 A. Not ultimate but ??

3 Q. Close, right?

4 A. Pretty close, yes.

5 Q. All right. And, as it turns out,

6 Mr. Prince had associated himself with Mr. Broeker,

7 right?

8 A. Yes.

9 Q. And he attributes his demise in the Church

10 of Scientology to that, right?

11 A. I don't know that.

12 Q. Well, he hadn't ever told you that?

13 A. No.

14 Q. You've never commiserated about that?

15 A. No, we've not discussed that.

16 Q. Now, you, you actually wrote Mr. Broeker a

17 letter telling him that you didn't believe that

18 Mr. Hubbard had written that and that he had

19 written it, right?

20 A. I was ?? it was a letter I was ordered to

21 write when I was on the RPF to Mr. Broeker as part

22 of disconnection.

23 Q. I see. That's a technical term,

24 disconnection, right?

25 A. Right. It was ?? and it was dated just a

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1 few days after the cancellation, so I can even date

2 roughly when I wrote him, was a few days after the

3 cancellation came out.

4 Q. Well, when did you write him?

5 A. It was a point shortly ?? soon after that

6 was issued. I remember the issuance of that

7 because Annie Broeker arrived on the RPF and we got

8 a copy of the cancellation on the same day and ??

9 or maybe I ?? somewhere in there, and then I was

10 also to write him and disconnect.

11 Q. All right. And so your recollection is,

12 and your sworn testimony is, is that this letter ??

13 do you have a copy of this letter that you wrote

14 him?

15 A. No.

16 Q. This letter that you wrote Mr. Broeker

17 telling him that you didn't believe that

18 Mr. Hubbard had made him the first loyal officer,

19 you say that was done almost simultaneously with

20 Mr. Miscavige's cancellation of Flag Order 3879,

21 right?

22 A. I wouldn't stand by it. I just ?? I

23 remember it because, you know, I was on the RPF and

24 there was a stress there and I know I had to

25 disconnect at some point and I remember her

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1 arriving ?? I remember the issue arriving and it

2 was a shock to all of us because the original issue

3 had been so wide promulgated, and I remember Annie

4 arriving, because I knew her very well. So I don't

5 remember the sequences. I know definitely that she

6 arrived and the issue arrived on the very same day,

7 I know that for sure. When exactly along that

8 period with me and Mr. Broeker while I was on the

9 RPF, I don't remember the date exactly.

10 Q. Well, it certainly wouldn't have been

11 three months later, it would have been right around

12 the time it was issued, right?

13 A. I don't know.

14 Q. Well, that's your recollection?

15 A. The best I can recall.

16 Q. Somebody stood there with a gun to your

17 head?

18 A. No, but it was ??

19 Q. Well, no, I'm asking you, did somebody

20 stand there with a gun to your head?

21 A. Not literally, no.

22 Q. Okay. The ?? you had long before decided

23 that you were going to leave Scientology, hadn't

24 you?

25 A. Before when?

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1 Q. Before you wrote this letter that you say

2 you wrote to Mr. Broeker telling him that it was a

3 fraud?

4 A. No.

5 Q. Now, who, by the way, made you write this

6 letter?

7 A. I don't recall. We had a program to do.

8 You're given a program, a series of steps and mine

9 came in that I had to, at one point, disconnect

10 from Broeker, and the best ?? and per policy, the

11 best way to do that was to write a letter. I don't

12 remember if it was the ?? what we called the MAA,

13 the master at arms.

14 Q. I'm just asking you a name. Who was the

15 one that told you to do this?

16 A. I don't recall.

17 Q. So, basically, what you're saying is that

18 you wrote a letter regarding Scientology lines that

19 was a lie?

20 A. Scientology lines?

21 Q. Well, you wrote a letter, yeah, with

22 regard to Scientology lines of authority, right?

23 A. Oh, lines of authority. Okay.

24 Q. You wrote a ?? I mean just so it's clear

25 here, it's your testimony that you wrote a letter

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1 with regard to Scientology lines of authority that

2 you now say under oath is a lie?

3 A. No, just that I was forced to do.

4 Q. No, but ?? well, do you agree with what

5 you said in the letter?

6 A. What was I ?? what part was I saying in

7 the letter that you're referring to?

8 Q. Well, didn't you tell Mr. Broeker in the

9 letter that you believed that he wrote Flag Order

10 3879 and not Mr. Hubbard?

11 A. I probably did.

12 Q. And was that true, is that what you

13 believed?

14 A. You have to believe that in order to move

15 on ??

16 Q. No. I'm asking you what you believed, is

17 that what you believed?

18 A. I had to believe it, sir. This is ?? I

19 had ?? the only way I can respond. To get off the

20 RPF, I had to believe it, so I had to make it part

21 of my belief. At that point, I incorporated and I

22 make it, as they say, make it your own.

23 Q. As you sit here today, was what you wrote

24 in that letter true or false?

25 A. No, it wasn't true.

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1 Q. So you believed that Mr. Hubbard issued or

2 wrote Flag Order 3879?

3 A. I don't ?? to this day I don't know. All

4 I know is what I was being told I had to believe at

5 that time.

6 Q. Do you believe today that Mr. Broeker did

7 it?

8 A. I don't really know.

9 Q. Whatever you did back in whenever it was

10 with regard to this letter that you wrote, it was

11 done in your own self?interest, you would agree

12 with that, right?

13 A. Self?survival.

14 (Defendant's Exhibit No. 42 was marked for

15 identification.)

16 Q. Now, let's mark a copy of 42 and ask you

17 if this is the memo or letter that you wrote in

18 your own hand to Mr. Broeker. Is it, sir?

19 A. Looks like it. Can I reread it?

20 Q. Sure. Is that your handwriting?

21 A. Yes, this is my handwriting.

22 Q. No one wrote this out for you, did they?

23 A. No. I don't understand why I wrote copy

24 on it. Maybe I ?? if I had to rewrite it or if

25 I ?? I guess ??

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1 Q. I assume you sent the original to Pat

2 Broeker, right?

3 A. Well, no, I had to give it to somebody

4 else who was going to deliver it.

5 Q. Everything on that page is written by you,

6 isn't it?

7 A. It's my handwriting.

8 Q. Okay.

9 A. It even says that I don't personally know

10 if it actually happened that way.

11 Q. Well, in your own handwriting you did say,

12 and I quote: And while ?? this is to Pat Broeker,

13 right?

14 A. Yes.

15 Q. And while I cannot personally prove it

16 right now, I suspect the last piece ?? and you're

17 talking about Flag Order 3879, right?

18 A. Yes.

19 Q. ?? I suspect the last piece, where you and

20 Annie became LOs ?? that means loyal officers,

21 right?

22 A. Yes.

23 Q. ?? was written by you. I thought so when

24 it first came out, never told anyone. I thought so

25 because ? remember ? I know LRH's style too. It

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1 missed. It does not sound right.

2 Now, you wrote that, right?

3 A. Yes. Could I just ask a question for

4 clarification, because we're talking about the date

5 of this versus the FO.

6 Q. Well, you know, you've just ?? were you

7 going to ask me when the FO was canceling it?

8 A. Just to be reminded, yeah.

9 Q. All right. Let's have that back.

10 A. The date of the cancellation.

11 Q. The fact of the matter is, as shown by

12 Plaintiff's Exhibit 9, the cancellation order

13 issued by the chairman of the board, Religious

14 Technology Center, David Miscavige, was April 18th,

15 1988, some three months before this letter that you

16 wrote, correct?

17 A. Yes.

18 Q. So that it didn't just come in one day and

19 you wrote this letter, as you had first recalled,

20 did it?

21 A. No, this had to be done later.

22 Q. Now, you, in your testimony, you said ??

23 in your direct testimony, you said that you based

24 your current knowledge ?? well, strike that.

25 You have not interviewed in any systematic

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1 way since you left Scientology either staff members

2 or members of the public with regard to their

3 beliefs of Scientology, have you?

4 A. When you say public, you mean public

5 Scientologists?

6 Q. Yes.

7 A. The answer is no.

8 Q. Right. And you haven't gone out and done

9 a survey of current staff members or a survey of

10 current public members of Scientology to try to

11 draw some conclusion as to the sincerity of their

12 beliefs or anything like that, have you?

13 A. No.

14 Q. And you agree that you have not done any

15 Scientology training or auditing since you left,

16 right?

17 A. Yes.

18 Q. And you have not been in any kind of

19 formal way Churches of Scientology since you left?

20 A. That's correct.

21 Q. And that you ?? and to the extent that you

22 have any current knowledge as to what

23 Scientologists ?? how the various Churches of

24 Scientology run policy?wise ?? I mean from a

25 corporate perspective or what Scientologists think

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603

1 or believe is largely based on your review of

2 magazines?

3 A. That ?? there is some compound in there.

4 If you can, break it up for me.

5 Q. Okay. You said in your testimony that,

6 essentially, the only thing that you have done

7 since 1989, whenever it was that you left

8 Scientology, to keep current on Scientology is to

9 read magazines, right?

10 A. And ?? magazines and policies, you know.

11 Q. But I'm talking about the way in which the

12 various Churches of Scientology operate since you

13 have left. Essentially, all you have done to

14 remain current, that is something ?? things that

15 have occurred since 1989 is to read magazines,

16 right?

17 A. No, that's not true, and it's evident by

18 other testimony, how I've read policies and I've

19 submitted declarations citing policies and I've

20 gone through those current volumes and more than

21 magazines, certainly. That's been shown by my

22 other testimonies and actions.

23 Q. And to the extent that you have ?? but,

24 primarily, I think you said, that you were relying

25 on magazines to keep current, right?

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1 A. We were talking about the Sea Organization

2 and certain aspects and certain activities in which

3 I said you could learn that from the magazines, but

4 there is other ways to ?? other things that I read.

5 Q. Now, the Free Winds or the High Winds

6 magazine, which you testified about, right?

7 A. Those are two different magazines.

8 Q. The High Winds I'm talking about, the High

9 Winds magazine, that's the magazine with regard to

10 the Sea Organization?

11 A. Yes.

12 Q. That is written ?? the articles in that

13 magazine are written by whom?

14 A. By Sea Org members.

15 Q. Church members, right?

16 A. Yes.

17 Q. Not by L. Ron Hubbard?

18 A. He doesn't write directly. His articles

19 appear but he doesn't write for it.

20 Q. Obviously he doesn't write for it now,

21 right?

22 A. Yes.

23 Q. He hasn't written for it certainly since

24 he died, right?

25 A. That's correct.

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605

1 Q. But the magazine, from time to time, will

2 republish earlier writings or works of Mr. Hubbard,

3 right?

4 A. I didn't catch the verb but it's an always

5 will reprint something by him.

6 Q. Okay. The writings of church members in

7 the High Winds magazine are certainly not

8 fundamental Scientology technology that would be

9 considered by Scientologists as scripture, is it?

10 A. Not in the same category as policies and

11 HCOBs, no.

12 Q. Magazines don't set or establish policy of

13 the church, do they?

14 A. No.

15 Q. Now ??

16 THE WITNESS: Could I just take a prostate

17 break?

18 MR. MOXON: Did you say apostate break?

19 THE WITNESS: Prostate, you know, as in

20 get your prostate checked.

21 (Recess.)

22 BY MR. WEINBERG:

23 Q. Now, you testified in direct that policy

24 of Mr. Hubbard was never supposed to be changed,

25 right?

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606

1 A. Yes.

2 Q. And you made sort of a big deal about that

3 with regard to a couple of documents that you were

4 comparing, correct?

5 MR. DANDAR: Objection to the form.

6 Q. Do you remember?

7 A. Well, yes.

8 Q. All right. Now, you are familiar with the

9 Green Volumes, right?

10 A. Yes.

11 Q. And what are the names of the Green

12 Volumes?

13 A. Well, it's the organization course.

14 Q. Okay.

15 A. Organization Executive Course Volumes and

16 it's just ??

17 Q. It sets forth the policy of the way in

18 which the Church of Scientology is run, right?

19 A. No.

20 Q. Well, what does it set forth?

21 A. The volumes are compilations and bindings,

22 you know, as in just a series of short stories that

23 have appeared elsewhere. It's just bound volumes.

24 The volume does not do it. The individual policy

25 as issued is what stands, not a recompilation. A

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607

1 recompilation is just a recompilation.

2 Q. Yeah, but the Red Volumes discuss the

3 technology of Scientology, right?

4 A. They are compilations of the bulletins.

5 Q. Just listen to me for a second. Okay?

6 The Red Volumes have ?? is a collection of writings

7 that have to do with the fundamental technology of

8 Scientology, right?

9 A. That's what their intention is, yes.

10 Q. What Scientologists would say, you know,

11 is the ecclesiastical part, the religious part of

12 Scientology, right?

13 A. That's what they are supposed to be, yes.

14 Q. Okay. And the Green Volumes are a

15 compilation of writings with regard to the policy,

16 sort of the administrative policy of how

17 Scientology organizations run or are to be run,

18 right?

19 A. Yes.

20 Q. Now, you ?? you're not an expert and don't

21 profess to be on either ?? on the policy, are you?

22 A. Which policies? I could be.

23 Q. Well, I'm talking about ?? look, we've

24 established that you're not an expert on the

25 technology, on the Red Volumes, correct?

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608

1 A. I can testify to it. When the point you

2 cite, I said there is people who are more expert

3 than I am.

4 Q. And you're not here today proffering

5 yourself as an expert on the Green Volumes either,

6 are you?

7 A. They're part of the body of Scientology, I

8 can testify about them. I don't know how to break

9 it down for you.

10 Q. So then, if that's the case, you must be

11 familiar with the HCO policy letter of March 1965,

12 Technical and Policy Distributions, you are

13 familiar with that, right?

14 A. I remember reading that one.

15 Q. All right. And what does that one ?? do

16 you remember what that one has to do with changing

17 policy?

18 A. I would have to look at it to remind

19 myself.

20 Q. Well, do you remember that Mr. Hubbard, in

21 this policy letter, said and wrote ?? and what he

22 said and wrote is the gospel of Scientology, right?

23 MR. DANDAR: Objection to the form.

24 Q. Is that right?

25 A. If that is what he said or wrote. That's

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609

1 the point that's at contention.

2 Q. Okay. Well, you're not contending that

3 something that is dated in 1965 that appears in the

4 Green Volumes is not something that was adopted by

5 Mr. Hubbard, are you?

6 A. I'm saying things that have been

7 republished have been changed from what Mr. Hubbard

8 wrote, and if it's ?? that we have to compare it to

9 the originals.

10 Q. All right. So are you ?? do you remember,

11 do you know what blue pencil policy is?

12 A. Blue pencil is where you change policy

13 with a blue pencil, if that's what you're referring

14 to.

15 Q. And do you remember that Mr. Hubbard had a

16 policy about blue pencil?

17 A. He issued revisions of policy. I'm

18 familiar with that.

19 Q. And do you know that ?? do you remember

20 that Mr. Hubbard has a policy that says that when

21 rereleasing an old policy letter, always blue

22 pencil out everything gone old and contradicted by

23 later policy letters, you can still salvage a lot

24 that still applies, a surprising amount, but try to

25 cut out the contradictions with our modern policy

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610

1 where they exist, do you remember that he said

2 that?

3 A. Yes.

4 Q. And the reason for that, of course, is is

5 that a policy that was issued in 1960 about the way

6 in which a car should be parked in the Saint

7 Hill ?? at Saint Hill, might not be applicable in

8 1999 because the car doesn't exist and maybe the

9 building doesn't exist and the lot doesn't exist

10 anymore, right?

11 A. Quite the contrary. In fact, he issued

12 policies stating specifically in keeping

13 Scientology working, never state policy is old and

14 not used anymore.

15 Q. All right. So you disagree with the ??

16 well, but anything that Hubbard writes is not to be

17 changed though, right?

18 A. This ?? see, this is the big debatable

19 point on this thing when people were issuing the

20 changes without his knowledge or authority.

21 (Defendant's Exhibit No. 43 was marked for

22 identification.)

23 Q. Well ?? so, let me just mark here as the

24 next exhibit Exhibit 43, and this is a ?? it's a

25 copy of the technical and policy distribution

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611

1 policy that I referred to, and ??

2 MR. DANDAR: What was the date?

3 MR. WEINBERG: Well, it was first issued

4 in 1965 and revised on July 7th, 1983.

5 Q. Now, Mr. Hubbard was alive in July of

6 1983, right?

7 A. Yes.

8 Q. And I'll refer you to page ??

9 MR. DANDAR: But what copyright volume

10 does it come out of?

11 MR. WEINBERG: I have no idea. I'll give

12 you a copy of it.

13 Q. I'll refer you to the third page from the

14 end which has the blue pencil policy.

15 MR. DANDAR: Do you have an extra one?

16 Thank you. This is 43? Copyrighted 1991?

17 MR. WEINBERG: No.

18 MR. DANDAR: That's what your second page

19 says.

20 MR. WEINBERG: You know, Ken, the policy

21 was ?? was revised as of July 7th, 1983.

22 MR. DANDAR: It comes out of the '91

23 books that were copyrighted in '91.

24 MR. WEINBERG: And the point you're

25 trying to make is what?

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1 MR. DANDAR: I just want you to say that

2 that's why you have page two here, correct, to

3 show us what version this is, what the

4 publication date is.

5 MR. WEINBERG: Not version. This is when

6 this particular volume ?? Mr. Young said it

7 was a compilation of volumes. The thing

8 you're reading was revised on July 7th, 1983.

9 MR. DANDAR: As published in 1991.

10 MR. WEINBERG: As compiled, as Mr. Young

11 made it very clear, in the Green Volumes.

12 MR. DANDAR: Right.

13 MR. WEINBERG: Whenever.

14 MR. DANDAR: As compiled, right. What

15 page are you referring him to?

16 MR. WEINBERG: Third from the end.

17 A. Third what?

18 Q. Third page from the end.

19 MR. DANDAR: Page 1296?

20 Q. Here, can I just refer you? Yeah, mine

21 doesn't have pages on it is the reason I didn't

22 have it. Right here.

23 A. 1296 on mine.

24 Q. Page 1296. Do you see the paragraph that

25 starts when rereleasing?

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613

1 A. Yes.

2 Q. You remember that policy, right?

3 A. I remember this policy but I'm not going

4 to certainly verify that this is an actual accurate

5 rendition of the original policy.

6 Q. Yeah, but you are an expert supposedly in

7 Scientology and you will not acknowledge that

8 Mr. Hubbard, dating back in 1965, had a policy that

9 provided for and required blue pencilling out the

10 old in order to be modern?

11 A. I don't deny that. I just question

12 whether or not this is an accurate one since we

13 were in the business of changing policy without

14 people knowing about it.

15 Q. And the reason you question it is because

16 you have spent the last nine years of your life as

17 an apostate trying to profit off of that, right?

18 MR. DANDAR: Objection.

19 Q. Isn't that right?

20 MR. DANDAR: Argumentative.

21 Q. Isn't that right?

22 MR. WEINBERG: You've made your objection.

23 Q. Isn't that right?

24 A. I gave you documents showing how these

25 have been changed without staff knowing about it.

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614

1 Q. Now ??

2 A. There is an easy way. Just all we have to

3 do is find the original policy.

4 Q. Fine. Now, we're not exactly talking

5 about something particularly controversial here,

6 whether or not ?? whether or not Mr. Hubbard

7 authorized the blue pencilling of old policy. That

8 ain't exactly ?? that is not exactly a

9 controversial thing, is it?

10 A. Yes, it is.

11 Q. All right, fine. Now, Mr. Young, based on

12 your assertions supposedly as an expert that

13 nothing can ever change, can you tell me the role

14 of the chairman of the board of directors of HASI,

15 H?A?S?I, today as described in HCO policy letter of

16 December 18th, 1964, found on page 57 of the OEC

17 Volume 7, can you tell me that what that is?

18 A. I never so testified that way.

19 Q. I'm just asking you what is the role of

20 the chairman of the board of directors of HASI

21 today?

22 A. If you want to give me a spot quiz on the

23 page, I don't know what the answer to the spot quiz

24 on the page number is, I'll attest to that.

25 Q. You know the answer to that. HASI doesn't

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615

1 exist today.

2 A. You asked me for a page number on it,

3 specific things ??

4 Q. Does HASI exist today?

5 A. Can I finish my answer?

6 Q. Does ??

7 MR. DANDAR: Go ahead.

8 A. Read back the question. You asked me for

9 an answer ??

10 Q. No, I did not.

11 A. Yes, you did.

12 Q. No. What I asked you was ??

13 A. Read it back.

14 Q. ?? and I'll tell you exactly, based on

15 your assertions that nothing can ever change, can

16 you tell me the role of the chairman of the board

17 of directors of HASI today?

18 A. I never so testified that nothing can

19 change. I gave you something that they said LRH

20 policy should change.

21 Q. The truth of the matter is there was a

22 policy order whenever, but you know dating back

23 along ?? well, you said you knew the policy, right?

24 A. Sir, would you please stop yelling at me?

25 Q. I'm not yelling at you.

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1 A. You are too.

2 Q. No, you're yelling at me.

3 A. And the audio would show it.

4 MR. DANDAR: Stop.

5 Q. Now, Mr. Young ??

6 A. Your question was prefaced with based

7 upon something that I did not testify to and I'm

8 trying to be exact.

9 Q. No, what I'm doing ?? no. Yeah, like you

10 were being exact in your deposition out in

11 California, is that right?

12 A. I want to take a break.

13 MR. DANDAR: Don't respond to that.

14 A. I really want to take a break.

15 Q. You just took a break.

16 A. I don't need to sit here and just be

17 insulted.

18 Q. You're not being insulted.

19 A. Yes, you are.

20 Q. No, I'm not.

21 A. If you want to just ask me a question ??

22 Q. And I did ask you a question.

23 A. And I responded. To the preface of your

24 question I cannot respond. I never so testified.

25 Q. And I didn't say you did. What you

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1 testified to ??

2 A. You did. You repeated the question.

3 Q. No. What you testified ?? no, I asked you

4 a question. What you testified to ?? what you

5 testified to was policy never changes and what I'm

6 asking you is ??

7 A. No, I did not. I did not. I gave you the

8 integrity of source issue that they said policy

9 cannot be changed.

10 Q. Was there a policy with regard to the

11 function of the chairman of the board of HASI?

12 A. Yes.

13 Q. And since that policy was issued, there is

14 no longer HASI, right?

15 A. That is correct.

16 Q. So that policy, even though it was issued

17 and even though it may well appear still in the

18 Green Books, it doesn't apply to anything today,

19 right?

20 A. That is correct. It works much easier

21 when we do it this way.

22 Q. And there are lots of policies like that,

23 aren't there?

24 A. There are many policies. In fact, that's

25 what the OE ?? Organizational Executive Course is.

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1 You study policies to learn things that don't even

2 apply anymore. You learn the history of it.

3 Q. Right. And in rereleasing old policy

4 letters that still have some current application,

5 Mr. Hubbard provided for pencilling out that which

6 was no longer applicable, correct, sir?

7 MR. DANDAR: Objection to the form.

8 A. He gave ??

9 Q. Is that right?

10 A. He gave that authority to people to make

11 those changes, yes.

12 Q. Would you agree that ethics technology is

13 an important part of the religion?

14 A. I would agree that ethics technology is an

15 important part of the L. Ron Hubbard technology.

16 Q. So the problem you have is calling

17 Scientology a religion, is that the problem with

18 that answer?

19 A. That you always try to get me to use the

20 word when I don't really agree to the word.

21 Q. Okay. A great deal of emphasis has been

22 placed on ethical behavior and ethical codes in

23 Scientology, is that correct?

24 A. Yes.

25 Q. Just like a great deal of emphasis has

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619

1 been placed on ethics in other religions, including

2 Catholicism, correct?

3 A. If you want to make that comparison, or

4 within the military service, however.

5 Q. Well, I mean it is very important in a

6 religious institution that the people that are part

7 of that institution be ethical, correct?

8 A. Whether it be government, military or any

9 other thing, or a private business, I'll agree.

10 Q. Ecclesiastical?

11 A. You want me to agree to the

12 ecclesiastical. I can't agree to that. I can

13 agree to ethics ??

14 Q. I was talking about other ?? I was talking

15 about other churches?

16 A. I said ??

17 Q. You would agree that the Baptist is a

18 church, the Baptist church is a church?

19 A. Yes.

20 Q. You would agree that the Catholic church

21 is a church?

22 A. Yes.

23 Q. You would agree that the Unitarians are a

24 church?

25 A. Yes.

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1 Q. Congregationalists are a church?

2 A. As long as they call them that, I suppose

3 they are that.

4 Q. You know what, you would agree that the

5 Mormons are a religion?

6 A. Yes.

7 Q. You would agree that the Christian

8 Scientists are a religion?

9 A. Yes.

10 Q. You would agree that Buddhism is a

11 religion, people that follow Buddhism are following

12 a religion?

13 A. Yes.

14 Q. Hinduism?

15 A. Yes.

16 Q. Muslims?

17 A. Yes.

18 Q. Fundamentalist Christians?

19 A. Yes.

20 Q. Presbyterians, yes?

21 A. Yes.

22 Q. Is there any, other than Scientology, that

23 doesn't make your list right now?

24 A. Well, you sometimes hear of cults, you

25 know, where they end up killing themselves, where

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621

1 the guys covered themselves up with purple and I

2 don't know ?? wanted to jump on a comet. I have

3 difficulty with things like that.

4 Q. So what were there, like 20 people in that

5 organization?

6 A. I really don't know how many. Or the ones

7 that wanted to put the Sarin gas into the Japanese

8 subway system, I don't know if that's part of a

9 serious religion.

10 Q. All right. Well, can you think of any

11 other organization ?? any other new religion in the

12 twentieth century ?? the twentieth century that you

13 would not call a religion other than your former

14 religion Scientology?

15 A. I just named you one. I just named you

16 two instances. I could also ?? see the question

17 is ??

18 Q. Excuse me. Excuse me for one second.

19 Now ??

20 MR. DANDAR: You interrupted him. You

21 interrupted him. Can you let him answer your

22 question?

23 MR. WEINBERG: No, I asked him and he

24 apparently wasn't able to answer.

25 MR. DANDAR: Yes, he was. Are you going

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1 to withdraw your question?

2 MR. WEINBERG: Let me ?? yeah, I withdraw

3 that question.

4 Q. Let me do this. Now, you're not

5 suggesting that anyone has suggested that the Hale

6 comet people was a recognized religion. There were

7 20 people in the room. You're not suggesting that

8 anybody has suggested that, are you?

9 A. You asked me my ??

10 Q. No, I'm asking you. Did I read that

11 somewhere?

12 A. Read what?

13 Q. That anybody had suggested that that was a

14 religious body?

15 A. Yeah, I read that.

16 Q. Fine. And so you would reject them as a

17 religion then?

18 A. No, no. See, here's the problem. You get

19 into religion versus a sect. And at that point,

20 it's a fragment or section of, say, the

21 Protestants, you know, there is various sects and

22 denominations and you get all these breakdowns and

23 people use the term as they want.

24 Okay. The boys jumping on the comet

25 weren't a religion, you know. They were a group,

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623

1 they were ?? call them what you want. Some people

2 ended up calling them a cult. The point was it

3 wasn't a religion like Catholicism is a religion,

4 like Mormonism is a religion. So ??

5 Q. Well, people called in the Great Schism

6 centuries ago, they called that a sect, right?

7 There was a break in the Christian church, correct?

8 A. In the Catholic church.

9 Q. Catholic church I mean.

10 A. Yes.

11 Q. Okay. But that's really not my point. In

12 the twentieth century there have been a number of

13 new religions, correct?

14 A. New religions and new sects.

15 Q. I mean, for example, the Christian

16 Scientists, although they may date back to the late

17 1800s, but basically, it's a twentieth century

18 religion, correct?

19 A. Yes.

20 Q. All right. But you recognize them as a

21 religion?

22 A. Yes.

23 Q. You have read their works?

24 A. I've read some.

25 Q. Well, who, by the way, in the Christian

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1 Science religion, I mean whose teachings do they

2 ascribe to?

3 A. Mary Baker Eddy.

4 Q. A person, right?

5 A. Yes.

6 Q. A person that lived in the twentieth

7 century, right?

8 A. I don't know the exact span of her life

9 but that's okay.

10 Q. They don't believe that you should seek

11 medical treatment for medical conditions, correct?

12 A. Yes.

13 Q. They believe that you should deal with

14 medical conditions spiritually, right?

15 A. Yes.

16 Q. Scientologists don't believe, people that

17 ascribe to Scientology, that you should seek

18 psychiatric treatment for mental conditions but

19 that you should deal with that what they would call

20 spiritually, correct?

21 A. Some do, some don't. It's not a standard

22 belief within Scientology.

23 Q. All right. But you accept the fact that

24 Christian Scientists can genuinely believe that if

25 you've got cancer, you shouldn't go to a doctor and

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625

1 should seek spiritual healing but that

2 Scientologists can't genuinely believe that you

3 should deal spiritually with your mental problems?

4 A. I didn't say that.

5 Q. All right. You would accept that both

6 can, correct?

7 A. No. I didn't say that either.

8 MR. WEINBERG: Do you want to change the

9 tape? Just change it.

10 (Recess.)

11 PLEASE REFER to Volume V for further Trial

12 Testimony.

13 NOTE: The original and one copy of the

14 foregoing Trial Testimony will be held by

15 Mr. Weinberg; copy to Mr. Dandar.

16 ARRANGEMENTS for the reading and signing

17 of the Trial Testimony transcript will be handled

18 by the office of Mr. Kennan G. Dandar of the firm

19 Dandar & Dandar, 5340 West Kennedy Boulevard,

20 Suite 201, Tampa, Florida.

21

22

23

24

25

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McPherson v Church of Scientology / 97?01235 626

1 SIGNATURE PAGE

2 Volume IV

3 I, ROBERT VAUGHN YOUNG, have read the

4 foregoing Trial Testimony given by me on

5 February 9 & 10, 2000, in Tampa, Florida, and the

6 following corrections, if any, should be made in

7 the transcript:

8 PAGE LINE CORRECTION AND REASON THEREFOR

9

10

11

12

13

14

15

16

17

18 Subject to the above corrections, if any,

19 my testimony reads as given by me in the foregoing

20 Trial Testimony.

21 SIGNED at _________________, Florida, this

22 __________ day of ____________________ , 20___.

23

24 ________________________________

25 ROBERT VAUGHN YOUNG

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627

1 CERTIFICATE OF REPORTER OATH

2

3 STATE OF FLORIDA

4 COUNTY OF POLK

5

6 I, the undersigned authority, hereby

7 certify that the witness named herein personally

8 appeared before me and was previously duly sworn.

9 WITNESS my hand and official seal this

10 12th day of February, 2000.

11

12

13

14 ________________________________

15 Susan D. Wasilewski, RPR, CRR

16 Notary Public ? State of Florida

17 My Commission Expires: 10?23?03

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SCLAFANI WILLIAMS COURT REPORTERS, INC. LAKELAND, FLORIDA (863) 688?5000

 

628

1 REPORTER'S CERTIFICATE

2 STATE OF FLORIDA

3 COUNTY OF POLK

4 I, Susan D. Wasilewski, Registered

5 Professional Reporter, Certified Realtime Reporter

6 and Notary Public in and for the State of Florida

7 at large, hereby certify that the witness appeared

8 before me for the taking of the foregoing Trial

9 Testimony, and that I was authorized to and did

10 stenographically and electronically report the

11 Trial Testimony; and that a review of the

12 transcript was requested; and that the transcript

13 is a true and complete record of my stenographic

14 notes and recordings thereof.

15 I FURTHER CERTIFY that I am neither an

16 attorney nor counsel for the parties to this cause,

17 nor a relative or employee of any attorney or party

18 connected with this litigation, nor am I

19 financially interested in the outcome of this

20 action.

21 DATED THIS 12th day of February, 2000, at

22 Lakeland, Polk County, Florida.

23 _______________________________ 24 Susan D. Wasilewski, RPR, CRR My Commission Expires: 10?23?03 25 Transcript ordered: 2?10?00

SCLAFANI WILLIAMS COURT REPORTERS, INC. LAKELAND, FLORIDA (863) 688?5000