1 1 IN THE CIRCUIT COURT IN AND FOR PINELLAS COUNTY, FLORIDA 2 3 CASE NO. 99-7430-CI-08 4 5 ----------------------------------------X : 6 CHURCH OF SCIENTOLOGY FLAG SERVICE : ORGANIZATION, INC., a Florida : 7 corporation, : : 8 Petitioner, : : 9 vs. : : 10 ROBERT S. MINTON, JR., ET AL., : : 11 Respondents. : ----------------------------------------x 12 BEFORE: The Honorable THOMAS E. PENICK, JR. 13 PLACE: Pinellas County Judicial Building 14 545 First Avenue North St. Petersbrg, Florida 15 DATE: February 10, 2001 16 TIME: 9:00 A.M. 17 18 REPORTED BY: JACKIE L. OSTROM Court Reporter 19 20 --------------------------------------------------- ORDERS TO SHOW CAUSE 21 --------------------------------------------------- Pages 1 - 176 22 Volume I 23 ROBERT A. DEMPSTER & ASSOCIATES 24 P.O. BOX 35 CLEARWATER, FLORIDA 25 (727) 443-0992 2 1 APPEARANCES 2 The Honorable THOMAS E. PENICK, JR. 3 CIRCUIT COURT JUDGE 4 F. WALLACE POPE, JR., ESQUIRE 5 JOHNSON, BLAKELY, POPE ET AL 911 Chestnut 6 Clearwater, Florida 7 MICHAEL LEE HERTZBERG, ESQUIRE 8 740 Broadway, Fifth Floor New York, New York 10003 9 Attorneys for Church of Scientology Flag Ship 10 Organization 11 12 JOHN MERRETT, ESQUIRE 13 2716 Herschel Street Jacksonville, Florida 32205 14 15 BRUCE G. HOWIE, ESQUIRE PIPER, LUDIN, HOWIE AND WERNER 16 5720 Central Avenue St. Petersburg, Florida 33707 17 18 Attorneys for Robert Minton and Lisa McPherson Trust, Inc. 19 20 21 22 23 24 25 3 1 PROCEEDINGS 2 THE COURT: All right, ladies and 3 gentlemen. We're here today on case number 4 99-7430-CI08, Church of Scientology Flag 5 Services Organization, Inc., a Florida 6 Corporation versus Robert S. Minton, Jr. et 7 al as respondents. And attorneys for both 8 sides, are we ready to proceed? 9 MR. MERRETT: Yes, Your Honor. 10 MR. POPE: Yes, sir. 11 THE COURT: Thank you, gentlemen. We 12 have on this morning the evidentiary hearing 13 to the orders to show cause and I believe 14 that Mr. Minton, or excuse me, Mr. Merrett, 15 sir, you had filed first and so we'll go with 16 yours first. 17 MR. POPE: Your Honor? 18 THE COURT: Yes, Mr. Pope? 19 MR. POPE: May I make a suggestion that 20 might assist some of the witnesses and that 21 is that we with have various nonparty 22 witnesses, including four police officers 23 present. I wondered if we might just be able 24 to take every side's nonparty witnesses first 25 so that we could excuse them and let them go 4 1 on about their business rather than keeping 2 them down here all day. 3 THE COURT: I have no problem with that 4 but I want to keep them in their respective 5 cases. In other words, I want to go with his 6 show causes that were filed by Mr. Merrett, 7 that side first. 8 They filed first, and as long as I keep 9 them straight to each particular defendant 10 because we've got keep that straight for the 11 record, so. 12 MR. POPE: I don't have a nonparty 13 witness that I know of for that particular 14 matter, so perhaps the court should proceed 15 without them. 16 THE COURT: Mr. Merrett and Mr. Howie, 17 you understand what I'm saying on this? 18 MR. POPE: Yes. 19 MR. HOWIE: Yes. 20 THE COURT: Okay. I don't know -- you 21 have any problem taking them, doing it that 22 way? I'd like to do it if at all possible. 23 MR. MERRETT: I'm not sure that is has 24 any meaning if the cases are going to be 25 tried separately. 5 1 THE COURT: Yeah. It will have to do. 2 I want to keep them in their respective 3 cases. That's all I can say and we'll just 4 do it that way. 5 So, let's go ahead. The first one, 6 Mr. Merrett, sir. 7 MR. MERRETT: Yes, sir. 8 THE COURT: And your defendant, if you 9 would, we're ready to proceed on those cases. 10 MR. MERRETT: Call Stacy Brooks. 11 THE COURT: And this is going to be for 12 the three or I believe it was two individuals 13 and the Church? 14 MR. MERRETT: Yes, sir. 15 Thereupon: 16 STACY BROOKS 17 was called as a witness and having been duly sworn, was 18 examined and testified as follows: 19 DIRECT EXAMINATION 20 BY MR. MERRETT: 21 Q Would you state your name please, ma'am? 22 A Stacy Brooks. 23 Q And you are the President of the Lisa 24 McPherson Trust? 25 A Yes, I am. 6 1 Q Let me ask you if you recall meeting an 2 individual named Ferman Geiger? 3 A Yes, I do. 4 Q And when did you meet him? 5 A On the evening of November 30. 6 Q What were you doing that evening? 7 A I was having dinner with the family of Lisa 8 McPherson, Ken Dandar, the attorney for the family of 9 Lisa McPherson, Bob Minton and several other people. 10 Q And who is Lisa McPherson or who was she? 11 A Lisa McPherson was a Scientologist who died 12 at the Ft. Harrison Hotel in 1995. 13 Q What is it that caused you to meet or become 14 acquainted with Mr. Geiger on that occasion? 15 A Well, in the middle of dinner he suddenly 16 thrust his hand in front of me with a sheet of paper. 17 Q Okay. Where were you at dinner? 18 A We were at the Ruth Chris Steakhouse on 19 Westshore Boulevard in Tampa. 20 Q Okay. 21 THE COURT: I'm sorry, the name of the 22 steakhouse, again? 23 THE WITNESS: Ruth Chris Steakhouse, I 24 think is the way you say it. 25 7 1 BY MR. MERRETT: 2 Q Okay. What happened when he stuck these 3 papers through to you? 4 A Well, I was extremely startled because we 5 were in the middle of dinner. We were all talking. 6 We were very glad to see Lisa's family. We hadn't 7 seen them for a while. They had just gotten into 8 town, and it was very upsetting to me really because 9 he was suddenly -- I mean, I was just sitting like 10 this and all of a sudden he really kind of bumped into 11 me and thrust these papers right here. 12 Q What were the papers? 13 A Well, I found out within a few moments that 14 it was a copy of the injunction that Judge Penick had 15 just signed that afternoon. 16 Q Okay, but the current injunction in this 17 case? 18 A Yes. 19 Q Were there any other papers that he was 20 trying to serve on you? 21 A No, not that he was trying to serve me. 22 Q Okay. Did he have any other papers with 23 him? 24 A Yes. 25 Q What else did he have? 8 1 A He had a piece of paper with my photograph 2 on it and a name and address written on it. I mean a 3 name and a phone number written on it. 4 MR. MERRETT: Your Honor, if could I see 5 the court file that has the motion for the 6 order to show cause in it? I believe I filed 7 it. 8 THE COURT: I'll put the court files up 9 here. I don't represent which one they are 10 in. You can go through them, sir. 11 MR. MERRETT: Thank you. 12 THE COURT: Might be there or it might 13 be one of these. 14 MR. MERRETT: This is probably it. 15 (Whereupon, a pause in the proceedings took 16 place.) 17 THE COURT: Tell you what let's do. 18 Let's put all these down here on the clerk's 19 table. You can all come up to the clerk's 20 table and get them as needed. 21 (Whereupon, a pause in the proceedings took 22 place.) 23 THE COURT: Let the record reflect, I 24 have put the court file on the clerk's table 25 due to the fact that this is being tried on 9 1 Saturday, the 10th day of February, 2001 and 2 Sunday, February 11, 2001, I do not have a 3 clerk present. 4 I'm going to ask the attorneys as 5 officers of the court to be responsible for 6 the court files and to look at them and see 7 that they are not damaged or anything is 8 missing. 9 (Whereupon, a pause in the proceedings took 10 place.) 11 THE COURT: Ian, come forward. Would 12 you sit up here? I'm going to have my staff 13 attorney, Ian Brewster, sit up here at the 14 clerk's table and see if he can assist the 15 attorneys in locating things. And, Ian, you 16 know those sticky tabs that you and I were 17 using this morning? They're right on my 18 desk. Go get those and mark these things so 19 they will be available for both sides. 20 (Discussion was had off the record.) 21 (Whereupon, a pause in the proceedings took 22 place.) 23 MR. MERRETT: May I approach the 24 witness? 25 THE COURT: You may, sir. 10 1 BY MR. MERRETT: 2 Q Ms. Brooks, let me ask you, tabbed with a 3 pink post-it note what appears to be a photograph of 4 you on an annotated sheet of paper? 5 A Yes. 6 Q Is this the document that Mr. Geiger had? 7 A Yes. 8 Q Or rather a copy of it? 9 A Yes. 10 Q Okay. Let me ask you, can you tell the 11 judge who Judy Ross is? 12 A She is someone who works for the Church of 13 Scientology. 14 Q Okay. Do you know her from your past 15 association with Scientology? 16 A Yes. 17 Q Okay. Do you know what division or 18 department within Scientology she works for then? 19 A She was in the legal department, the Office 20 of Special Affairs when I was also in the Office of 21 Special Affairs. 22 MR. MERRETT: Your Honor, I would tender 23 the document as our Exhibit One. 24 THE COURT: All right. Mr. Pope, any 25 objection? 11 1 MR. POPE: No objection, Your Honor. 2 THE COURT: Okay. That will be 3 Defendant Minton's Exhibit Number One is in 4 evidence. 5 MR. MERRETT: May I proceed? 6 THE COURT: Yes, please, sir, go ahead. 7 BY MR. MERRETT: 8 Q Did you have occasion to discuss with 9 Mr. Geiger how it was that he came to be at your 10 dinner party? 11 A Yes. 12 Q And what did he tell? 13 MR. POPE: Objection, Your Honor. I'm 14 not sure that Mr. Geiger has been served with 15 an order to show cause. I don't think he's a 16 party to this proceeding in an official 17 sense. I think that this is therefore 18 hearsay. 19 MR. MERRETT: He clearly is a party in 20 any sense. He has been served February 2 at 21 4:45 PM. 22 I'm now tendering to the court a copy of 23 the order to show cause and return of 24 service. 25 THE COURT: Mr. Pope, have you seen 12 1 this? 2 MR. POPE: I have not see this. 3 THE COURT: All right. Let Mr. Pope 4 look at it. 5 (Whereupon, documents were reviewed.) 6 MR. MERRETT: I would additionally point 7 out to Your Honor that statements by party's 8 opponent include agents, persons acting on 9 behalf of a party and if you recall, 10 Mr. Hertzberg was here in court last time 11 with a photostat of Mr. Geiger's process 12 server's license and I believe Mr. Pope 13 admitted on the record the last time we were 14 here Mr. Geiger had been retained by him for 15 the purpose of serving process on behalf of 16 Scientology. 17 MR. POPE: Your Honor, I would merely 18 point out that on December 1 you entered an 19 order acknowledging that a process server was 20 acting on behalf of the court, not for a 21 party. The process server is therefore an 22 agent of the court and not an agent of the 23 parties. 24 THE COURT: I did do that on that 25 particular date, but the event alleged 13 1 happened prior. We'll wait and see what's 2 been established or where he goes from there 3 and also in light of the fact that Mr. Geiger 4 had now been served, Mr. Pope, is he present 5 today so I can arraign him? 6 MR. POPE: I don't know. 7 THE COURT: Okay. 8 MR. POPE: I have not seen him. 9 MR. MERRETT: I wouldn't know him if I 10 saw him, Your Honor. 11 THE COURT: Mr. Bailiff, if you would 12 sound the halls for one Ferman Geiger? 13 THE BAILIFF: Yes, Your Honor. 14 (Whereupon, halls were sounded by the 15 bailiff and there was no response to the call to 16 the court.) 17 THE COURT: Let the record so reflect. 18 MR. POPE: Your Honor, we apparently had 19 a communication from Mr. Geiger yesterday to 20 the effect that he intended to appear at the 21 court at about ten o'clock this morning, so 22 we don't know if that's accurate of if he's 23 going to show up or not. That's the only 24 information we have about the matter. 25 THE COURT: Okay. Hold on. Let me look 14 1 at this. I'll come back to you in just a 2 minute. I want to see what's been handed to 3 me. 4 I have an affidavit of service. Let me 5 look at it. 6 (Whereupon, documents were reviewed.) 7 All right. I have before me an 8 affidavit of service. It's an affidavit by 9 one Michael Kortz, K-O-R-T-Z, being duly 10 sworn to depose and say that on the third 11 day of February, 2001 at 4:25 PM executed 12 service -- actually substituted service on 13 Ferman Geiger and it is under oath and 14 attached to that was the order to show 15 cause, which the order to show cause said 16 that Ferman Geiger and Judy Ross shall 17 appear before the undersigned judge, 18 Pinellas County Judicial Center, 545 First 19 Avenue North, St. Petersburg, Florida at 20 9:00 AM on Saturday, February 10, 2001. And 21 let the record reflect that by the court's 22 clock it is now 0922 hours. The halls were 23 sounded for one Ferman Geiger. He has 24 failed to appear. 25 According to go the service, he was 15 1 served, had notice to be here at nine 2 o'clock, there has been no attacks on the 3 notice of service. 4 Mr. Bailiff, we will continue to sound 5 the halls. If he appears if you would take 6 him into custody and hold him to bring him 7 forward in front of me and we will proceed 8 thus forth once he appears. 9 THE BAILIFF: Yes, Your Honor. 10 THE COURT: If he appears. 11 THE BAILIFF: Yes, Your Honor. 12 THE COURT: Otherwise I'll deal with it 13 with a capias at a later date. 14 THE BAILIFF: Yes, your Honor. 15 THE COURT: Today. All right. Let me 16 file this, please. 17 (Whereupon, a pause in the proceedings took 18 place.) 19 All right. You may proceed. 20 BY MR. MERRETT: 21 Q Thank you, Your Honor. What did Mr. Geiger 22 tell you when your discussion with him turned to the 23 issue of how he happened to be at the restaurant where 24 you were? 25 MR. POPE: I renew my objection, Your 16 1 Honor. 2 THE COURT: Overruled. Proceed. 3 THE WITNESS: He said I'm very, very 4 sorry to do this. I've never been asked to 5 interrupt someone at dinner before to serve 6 process on them, but I have specifically been 7 ordered to interrupt your dinner to serve 8 process on you. 9 BY MR. MERRETT: 10 Q And did you ask him specifically how he knew 11 to come to Ruth Chris Steakhouse as opposed to the 12 Crystal on Missouri Avenue? 13 A Yes. 14 Q What was his answer? 15 A He said there are OSA people in the dining 16 room here with you in this restaurant and they told me 17 where to find you. 18 Q Can you tell the court what or who OSA 19 people are? 20 A OSA people are Office of Special Affairs, 21 members of the Church of Scientology whose job it is 22 to deal with all of the legal matters, intelligence 23 matters, things like that and one of their jobs is to 24 harass critics of Scientology like me. 25 Q Did you have -- let me ask you this. The 17 1 conversation about how he knew that you were there and 2 that OSA was at the restaurant with you, did that 3 occur before or after you got the document that's been 4 introduced as exhibit one, if you recall? 5 A Well, it was after, because the first thing 6 that happened was he thrust the paper in my face. 7 MR. MERRETT: Okay. All right. I have 8 nothing further of this witness, Your Honor. 9 THE COURT: All right. Mr. Pope. Sir. 10 MR. POPE: May I exam from here, Your 11 Honor? 12 THE COURT: Yes, sir. That's fine. 13 CROSS-EXAMINATION 14 BY MR. POPE: 15 Q Now, Ms. Brooks, on the 30th of November, 16 you had knowledge, did you not, that on the 29th, the 17 day before, the court had entered an order joining you 18 as a party to this lawsuit and instructing the 19 plaintiff to serve you with a copy of the order and 20 summons and complaint; didn't you know that on the 21 30th? 22 A I believe so. 23 Q All right. So didn't you anticipate that 24 you were going to get served with papers in connection 25 with your now being a party in this lawsuit? 18 1 A Yes. 2 Q All right. Now, didn't Mr. Geiger identify 3 himself as a process server and tell you he was there 4 to serve process? 5 A After he apologized to me, yes. 6 Q Okay. Did he show you any identification at 7 all or did he simplify identify himself as a process 8 server? 9 A I don't recall actually. 10 Q Was Judy Ross anywhere present in that room 11 when you were served with those papers? 12 A I don't know. 13 Q Weren't you served with a copy of the 14 Temporary Injunction Number Two and a summons and a 15 complaint, amended supplemental complaint in this 16 action all at the same time? 17 A Possibly. 18 Q You don't know? 19 A It was in the middle of dinner, so it was a 20 little inappropriate at the moment. 21 Q So you don't know exactly what was served on 22 you at that time? 23 A I know I was served with the injunction. 24 Q All right, and you took the papers that he 25 handed you, didn't you? 19 1 A Yes. 2 Q And you actually got quite angry with 3 Mr. Geiger, didn't you? 4 A Yes, I was very upset with him. 5 Q All right. 6 A He was very upset also. 7 Q Did you also grab some other papers out of 8 his hands? 9 A No. 10 Q You didn't do that? 11 A Only the paper that Mr. Merrett showed, the 12 one with my photograph on it. 13 Q You didn't take papers out of -- snatch 14 papers out of Mr. Geiger's hand and refuse to return 15 them to him? 16 A No, I took the photograph of me with Judy's 17 name on it and her phone number. 18 Q You took that out of his hand, right? 19 A Well, he was extending his hand with those 20 papers in it like this. 21 Q And you took it, right? 22 A Yes, I did. 23 Q And you took the photograph as well and he 24 asked for it back and you refused to give it back to 25 him, didn't you? 20 1 A There was no separate photograph. It was a 2 photograph on that piece of paper with Judy's name and 3 number on it. 4 Q And you took -- he didn't serve that on you, 5 did he? 6 A Well, I don't know. It was in his hand with 7 the rest of the papers. 8 Q Okay, and didn't you snatch that away from 9 him and refuse to give it back to him upon his 10 request? 11 A Did I snatch it, no. I took it from him. 12 Q You took if from him? 13 A Uh-huh. 14 Q Okay. He asked for it back, didn't he? 15 A Yes. 16 Q And you refused to give it back? 17 A Well, I didn't give it to him. 18 Q Okay. And this whole episode lasted what, 19 three or four minutes? 20 A Actually, I would say probably more like 21 seven or eight minutes. Maybe up to ten minutes, 22 because Mr. Geiger and I had quite a lengthy 23 conversation about these circumstances under which he 24 was interrupting my dinner. 25 Q And you say Mr. Geiger told you that there 21 1 were people from the Office of Special Affairs 2 somewhere there in the restaurant observing you; is 3 that what he told you? 4 A Yes. He said there were OSA people in the 5 restaurant and that's how he knew where I was in the 6 restaurant. 7 Q Did you recognize any of these OSA people 8 that were purportedly there? 9 A You know, Mr. Pope, I wasn't looking all 10 over the restaurant for the OSA people. 11 MR. POPE: All right. May I have a 12 moment, Your Honor? 13 THE COURT: You may. 14 MR. POPE: I don't have any further 15 questions at this time, Your Honor. 16 THE COURT: Okay. Thank you, sir. 17 Redirect? 18 MR. MERRETT: Very briefly. 19 THE COURT: Proceed. 20 REDIRECT EXAMINATION 21 BY MR. MERRETT: 22 Q Ma'am, you were asked whether or not you 23 expected to be served with papers as a result of the 24 order entered on the 29th. Did you expect to have 25 somebody from Scientology walk in and stick his hand 22 1 in your face in the middle of dinner? 2 A Certainly not. 3 MR. MERRETT: I don't have anything 4 further. 5 THE COURT: Anything else, Mr. Pope? 6 MR. POPE: No. 7 THE COURT: You may step down and have a 8 seat back by your attorney. Yes, sir? 9 MR. MERRETT: Call J. R. Enerson. 10 THE COURT: All right. 11 Thereupon: 12 J. R. ENERSON 13 was called as a witness and having been duly sworn, was 14 examined and testified as follows: 15 (Whereupon, a pause in the proceedings took 16 place.) 17 MR. MERRETT: May I see that exhibit? 18 THE COURT: Yes, that's in evidence. 19 MR. MERRETT: Thank you, Your Honor. 20 THE COURT: It is marked into evidence. 21 MR. MERRETT: Thank you. May I approach 22 the witness? 23 THE COURT: You may, sir. 24 25 23 1 DIRECT EXAMINATION 2 BY MR. MERRETT: 3 Q Mr. Enerson, I want to show you what's been 4 received in evidence as Exhibit One and ask you to 5 take a look at the handwritten items on the document 6 and I want to direct your attention back to the time 7 to and between November 30 and December 4 of 5, that 8 weekend coming into the first part of the next week. 9 Were you requested by anyone to undertake any 10 investigation to determine what those phone numbers 11 were? 12 A Yes, I was. 13 Q And who is that it requested you to do that? 14 A You did. 15 Q And what did you do to find out what those 16 phone numbers next to Judy Ross' name were? 17 A I actually called those phone numbers. 18 Q What was the response that you got? 19 A There was a female voice on the other end 20 that answered -- 21 MR. POPE: Objection. This is hearsay. 22 There has been no predicate laid that this 23 can be attributed to the plaintiff or any 24 agent of the plaintiff. 25 THE COURT: Mr. Merrett? 24 1 MR. MERRETT: Your Honor, the statement 2 is the statement of a person who is an agent 3 or owner of the telephone number. The 4 purpose is to identify the telephone number. 5 THE COURT: Sustained. Proceed. 6 BY MR. MERRETT: 7 Q What did the female voice say? 8 A A female voice answered saying special or 9 public affairs. 10 Q And did you make further inquiry to find out 11 exactly what that was? 12 A I said is this Scientology. 13 Q What was their response? 14 A Yes. 15 Q That was their response? 16 A Yes, that was the response. 17 MR. MERRETT: Thank you. I have nothing 18 further of this witness, Your Honor. 19 THE COURT: Mr. Pope? 20 MR. POPE: No questions, Your Honor. 21 THE COURT: Sir, you may step down. 22 MR. MERRETT: Your Honor, at this time I 23 would tender into evidence as an admission of 24 Mr. Geiger and as an adopted admission of 25 Scientology by virtue of their having filed 25 1 it as an attachment to a motion, the 2 affidavit of Ferman Geiger dated December 12, 3 2000. 4 MR. POPE: No objection, Your Honor. 5 THE COURT: Okay. Hold on. Let me get 6 it in. This is Defendant's Exhibit Number 7 Two. 8 (Whereupon, Defendant's Exhibit Number Two 9 was admitted into evidence.) 10 THE COURT: That is in evidence. 11 MR. MERRETT: Thank your, Your Honor. I 12 would move the court to take judicial notice 13 rather than dig through the file, of the fact 14 that evidenced by the affidavit before you 15 and the photostat of Mr. Geiger's 16 identification card previously tendered by 17 Scientology, that Mr. Geiger is appointed in 18 Hillsborough County by Judge Alvarez as a 19 special process server or certified process 20 server. 21 THE COURT: All right. Bear with me 22 just a minute. 23 MR. POPE: We have no objection to you 24 so noting, Your Honor. 25 (Whereupon, a pause in the proceedings took 26 1 place.) 2 THE COURT: That's so noted. For the 3 record, as far as Mr. Geiger is concerned, he 4 is a failure to appear or respond to a court 5 order at this time. He has not been 6 arraigned on this and quite frankly, I think 7 any proceedings that we are doing that 8 involve him are going to have to be done 9 again if he does show up and give him 10 arraignment he did not plead to. 11 MR. MERRETT: I understand, Your Honor. 12 THE COURT: All right. I just wanted to 13 make that clear. All right, let's go ahead. 14 MR. MERRETT: Your Honor, we would call 15 Robert Minton to the stand. 16 Thereupon: 17 ROBERT MINTON 18 was called as a witness and having been duly sworn, was 19 examined and testified as follows: 20 DIRECT EXAMINATION 21 BY MR. MERRETT: 22 Q Mr. Minton, would you state your name? 23 A Robert Minton. 24 Q And were you present during the event 25 described by Ms. Brooks in her testimony? 27 1 A Yes, I was. 2 Q And can you tell the court what you recall 3 seeing and hearing as far as what Mr. Geiger did and 4 said? 5 A It was pretty much just like Ms. Brooks 6 said. You know, he appears, you know, on her left 7 side. 8 I was sitting to the right of Ms. Brooks. 9 Mr. Geiger, I later learned that's his name, appeared 10 over Stacy Brooks' left shoulder and he put these 11 documents right in front of her face. 12 Q Do you recall specifically what documents he 13 had in his hand? 14 A It was the injunction. 15 Q Do you recall whether there were any other 16 documents other than the injunction and the photograph 17 that's already been tendered in evidence? 18 A I'm not aware that there were any others. I 19 mean, I flipped through and it just looked like the 20 injunction to me. 21 Q Okay. Did you hear Mr. Geiger's response to 22 Ms. Brooks' inquiry regarding how out of all of the 23 gin joints in all the cities and all the world he 24 ended up at Ruth Chris Steakhouse? 25 A Yes. 28 1 Q What was his response? 2 A His response was about his OSA handlers were 3 in the restaurant. 4 MR. MERRETT: I don't have anything 5 further of this witness, Your Honor. 6 THE COURT: Mr. Pope? 7 MR. POPE: No questions, Your Honor. 8 THE COURT: Mr. Minton, sir, you may 9 step down. 10 Also, again for the purposes of the 11 record, Mr. Merrett has been asking the 12 questions and Mr. Pope has been doing the 13 cross-examination, but I don't mean to 14 slight Mr. Howie, sir. 15 MR. HOWIE: I don't feel slighted, Your 16 Honor. I have no questions for these 17 witnesses. 18 THE COURT: Okay. The thought occurred 19 to me I haven't given you an opportunity. 20 MR. HOWIE: I'll intervene if I do have 21 questions. 22 THE COURT: Yes, sir. All right. Okay. 23 Call your next witness. 24 MR. MERRETT: Prosecution rests, Your 25 Honor. 29 1 THE COURT: As far as? 2 MR. MERRETT: As far as the Church, 3 Mr. Geiger and Ms. Ross. 4 THE COURT: Okay. Mr. Pope, sir. 5 MR. POPE: I'll ask Mr. Hertzberg to 6 make a motion, Your Honor. 7 THE COURT: Okay. 8 MR. HERTZBERG: Your Honor, may I stand 9 at the podium? 10 THE COURT: You may, sir. 11 MR. HERTZBERG: Your Honor, at this time 12 on behalf of defendants Judy Ross, and Church 13 of Scientology Flag Service Organization, we 14 ask for a directed verdict or a judgment of 15 acquittal for the failure to prove. 16 As Your Honor knows, the standard for 17 this proceeding is proof beyond a reasonable 18 doubt and for a variety of reasons which I'd 19 like to touch on briefly, we would maintain 20 that that proof has not been made by the 21 party forward. 22 The overt action order of this court 23 that guides us here in determining whether 24 it is a violation of the injunction is this 25 court's order of December 1, of the year 30 1 2000, and in particular paragraph three 2 where this court made clear that it did not 3 intend for its injunction to bar the service 4 of process by a lawful process server. And 5 I will just remind the court of the specific 6 language that paragraph, quote: Any process 7 server obtained by any party to this action 8 pursuant to the laws of the State of Florida 9 and the applicable rules of court is free to 10 legally serve process on any person, 11 notwithstanding the terms of Temporary 12 Injunction Number Two, inasmuch as such 13 process server will be an agent of this 14 court for the purpose of the serving 15 process, end quote. 16 Now, they have established in many 17 different ways that Mr. Geiger was a process 18 server, a licensed process server in 19 Hillsborough County. They put into evidence 20 the photocopy of his license signed by Judge 21 Alvarez in Hillsborough County. I really 22 don't need anything further, although 23 Ms. Brooks also conceded on 24 cross-examination that he represented 25 himself to be a process server, and they put 31 1 his affidavit in, in which he also stated 2 that he was a licensed process server in 3 which he stated that the reason that he was 4 present on the 30th in that restaurant was 5 to serve process. 6 We also have the concession from 7 Ms. Brooks that not only was he serving a 8 copy of the injunction, but she said on 9 cross-examination, she conceded on 10 cross-examination that she could not rule 11 out the possibility that Mr. Geiger was also 12 serving a summons and complaint. 13 Your Honor may take notice of your own 14 order in this case dated the 29th of 15 November which is the day before these 16 events which are the subject of this 17 particular order to show cause in which Your 18 Honor stated in paragraph two, you ordered 19 quote: The clerk shall, upon plaintiff's 20 request, issue additional summonses with 21 respect to each of the foregoing defendants 22 and plaintiff shall serve upon each of said 23 defendants a summons, a copy of a verified 24 amended and supplemental complaint and a 25 copy of this order. And one of the 32 1 individuals listed in the paragraph above, 2 paragraph one which Your Honor was referring 3 to in paragraph two in which Your Honor 4 directed that those documents be served upon 5 various individuals is Stacy Brooks. In 6 fact, her name is the first name that 7 appears on your order of the 29th. 8 Now, some other important evidence, if 9 we needed anything more, came out in 10 Ms. Brooks' testimony. She conceded her 11 knowledge when she was asked to describe who 12 Judy Ross was, what her knowledge of Judy 13 Ross was she said Judy Ross worked in the 14 legal department at the Church. That's 15 totally consistent with this. 16 What we have then is testimony that a 17 process server appeared in a public place 18 after the order that Your Honor issued 19 directing that Stacy Brooks be served with 20 process. And that, we think -- we submit to 21 Your Honor, is clearly protected under the 22 terms of your order. 23 If there was any doubt about it, and I 24 don't think that there is at this point, I 25 think that for the reasons I've given 33 1 already the case has to be dismissed for 2 failure to prove. 3 Your Honor also has in the court file 4 and can take judicial notice of, a document 5 that I would like to hand up to Your Honor 6 through the bailiff and which is the proof 7 of service that Mr. Geiger swore to under 8 oath in which he states that he served a 9 summons and complaint, as well as Injunction 10 Number Two, Your Honor, if I may direct Your 11 Honor's attention is up here on this 12 portion -- 13 THE COURT: Okay. Hold on just a minute 14 please, sir. 15 (Whereupon, a pause in the proceedings took 16 place.) 17 MR. HERTZBERG: If Your Honor would 18 look, it's the proof of service which is 19 under oath by Mr. Geiger which describes -- 20 THE COURT: -- received it and served 21 it, up here? 22 MR. HERTZBERG: I'm sorry, it is up 23 here, Your Honor, that I'm directing your 24 attention to. May I approach? 25 THE COURT: You may. 34 1 MR. HERTZBERG: Summons and Complaint 2 and injunction Number Two. 3 THE COURT: Okay. Yes, sir. okay. 4 MR. HERTZBERG: And he describes that 5 pursuant to the request of an attorney 6 Mr. Moxon and Geitzen Associates, his 7 employer, he went to serve Stacy Brooks at 8 the steakhouse, in the public place in Tampa 9 and he swore to that on December 1 in the 10 return service. So, what we have here is the 11 proof of service for the summons and 12 complaint as well as the injunction. 13 I would submit to Your Honor that under 14 the terms of your order where you made clear 15 that it is not a violation of Injunction 16 Number Two for process to be served, I would 17 submit to Your Honor that even if, even if 18 the only thing that Mr. Geiger served on 19 Ms. Brooks that evening was the copy of the 20 injunction, that would not be sufficient to 21 make out an allegation of a violation of the 22 injunction whether under a theory of 23 harassment or any other theory that they 24 argue to the court, but we don't even have 25 to be restricted to that because, and this 35 1 is significant. We have the sworn affidavit 2 of Mr. Geiger in the file saying that he 3 also served a summons and complaint which is 4 what Your Honor directed be done. 5 You ordered that that be done, and we 6 also have Ms. Brooks on cross-examination 7 unable to deny, in effect, that she received 8 documents other than a summons, other than 9 the injunction on that evening and 10 Mr. Minton didn't help him at all because he 11 could not rule out that other documents were 12 being served by Mr. Geiger at that time. 13 And we also have in the comments if Your 14 Honor would look at the comments in the 15 sworn affidavit of Mr. Geiger in the 16 document that I handed up to you, we have 17 his account of what occurred in that 18 encounter with Mrs. Brooks on that evening 19 which is significantly different than the 20 testimony, but in addition -- just take a 21 moment if Your Honor wants to look at that. 22 (Whereupon, a pause in the proceedings took 23 place.) 24 MR. MERRETT: Your Honor, I would -- 25 MR. HERTZBERG: In addition to that, we 36 1 have -- 2 MR. MERRETT: Your Honor I object to 3 consideration of that as being inadmissible 4 hearsay. It's another part of the return. 5 THE COURT: Okay. 6 MR. HERTZBERG: It is part -- it is 7 part. It's part of the integrated document, 8 but beyond that Mr. Merrett put into evidence 9 Mr. Geiger's affidavit and in that affidavit 10 also -- but let me give the context for how I 11 want to use this affidavit. 12 I would submit that on the basis of what 13 I've said so far we are entitled to a 14 directed verdict or a judgment of acquittal 15 here because they have failed to establish 16 even a prima facie case of a violation of 17 the injunction. 18 THE COURT: Okay. 19 MR. HERTZBERG: But I will add, unless 20 you want to -- 21 THE COURT: I want to ask a question. 22 MR. HERTZBERG: Sure. 23 THE COURT: Mr. Hertzberg, when you 24 started here you cited an order 29, November, 25 year 2000? 37 1 MR. HERTZBERG: Yes, sir. 2 THE COURT: Could I see that? 3 MR. HERTZBERG: Yes. I don't want to 4 give you my marked up copy. 5 THE COURT: Just give me a copy. Let me 6 see. 7 MR. HERTZBERG: Here, Your Honor. And I 8 direct Your Honor's attention, please, to 9 paragraphs one and two on the first page. 10 THE COURT: Thank you, sir. 11 MR. HERTZBERG: Yes, Your Honor, so I 12 wanted to do two arguments. The first 13 argument, and I am sort of resting in the 14 middle of my argument, is that based on that 15 order and based on Mrs. Brooks' and 16 Mr. Minton's testimony, we are entitled -- 17 they just didn't make that a prima facie 18 case. 19 We win just based on what I've said so 20 far, but without being cumulative there is 21 also another reason that you should grant it 22 and that's because they have raised a 23 reasonable doubt. This is a sort of 24 separate theory, failure to make a prima 25 facie case. 38 1 They've also injected reasonable doubt 2 into the case by introducing Mr. Geiger's 3 affidavit because Mr. Geiger's affidavit has 4 some very interesting things in here. Does 5 Your Honor have a copy of it? 6 THE COURT: Let me ask you, which 7 affidavit are you talking about. I've got 8 affidavit of service and the one that I have 9 is -- I filed the one, just mark it filed 10 that he gave me for Ferman Geiger. 11 MR. HERTZBERG: That's correct. This is 12 the affidavit of December 12, 2000. 13 THE COURT: I'm sorry. Yeah, that -- 14 MR. HERTZBERG: That one, as well, Your 15 Honor. 16 THE COURT: Okay. 17 MR. HERTZBERG: Okay. Now, let's look 18 at that affidavit for a moment. Look at 19 paragraph three. Again, he's confirming that 20 he's a Hillsborough County certified process 21 server. Then in paragraph four he says that 22 on November 30, which is the date in 23 question, Geitzon and Associates contacted 24 him to do a service job in the early evening. 25 And he says Judy Ross gave him the paper to 39 1 be served. It's in the plural. He didn't 2 say "paper" like an injunction. She said 3 papers and information on where I might 4 locate the person. 5 I met Ms. Ross. She gave me the papers 6 that were to be served and also furnished me 7 a photograph of the person to be served, 8 Stacy Brooks, as I had never seen her 9 before. 10 Your Honor, this photograph which has 11 been introduced into evidence, there is some 12 suggestion that there was something 13 improper. There is nothing improper if 14 you're providing a process server with 15 photograph of the person who is to be served 16 and in fact that's done all the time and 17 Mr. Geiger, through the affidavit that 18 they've introduced into evidence, has given 19 the reason why he needed a photograph, 20 because he hadn't ever seen Ms. Brooks 21 before so he needed a photograph of her, so 22 this is totally corroborative of his going 23 out to his duty as commanded by the court's 24 order of the 29th to serve process on 25 Ms. Brooks. And he goes to the steakhouse 40 1 and he has his instructions where to find 2 her. 3 That's not a violation of the injunction 4 and he was given, in paragraph five he was 5 given a telephone number where Ms. Ross 6 could reached in case he had any questions 7 and that's not a violation of the injunction 8 and he goes to the restaurant, he identifies 9 Ms. Brooks in paragraph six by the 10 photograph he has. Not through any OSA 11 operatives through this testimony that they 12 gave here, the vague testimony about 13 so-called OSA operatives. 14 He states under oath in this affidavit 15 that Mr. Merrett put into evidence that the 16 way he found Ms. Brooks was through the 17 photograph and he goes to the table and he's 18 subjected to verbal abuse. That's in 19 paragraph six of the document that they put 20 into evidence. Making comments about me for 21 serving Scientology related papers, papers 22 again in the plural. 23 Ms. Brooks got very angry at me. She 24 forceably grabbed all the papers I was 25 holding from my hand. That's contrary to 41 1 her testimony. 2 She said, she tried to evade on 3 cross-examination, she refused to adopt 4 Mr. Pope's question that she grabbed and 5 said she took it. Well, the document they 6 put in contradicted that, Your Honor. it 7 says that she grabbed it. And then he asked 8 for the paper back. Quote: I explained I 9 was a process server performing my job, but 10 she refused to give them back to me. I 11 attempted to convince her that she needed to 12 give me back my papers, but the only thing 13 she finally gave back to me was the original 14 summons. 15 Your Honor, that is very significant 16 lest there be any doubt this is cumulative 17 of course of the proof the service which 18 says that the summons which Your Honor 19 directed to be served on them be served. 20 There's that word. It's the document they 21 put in today. 22 This fills in the gap Ms. Brooks said 23 she was uncertain whether she got a summons 24 but they put in evidence saying that it was 25 a summons from Mr. Geiger. That's their 42 1 exhibit. 2 Then in paragraph seven of this 3 affidavit, Your Honor, which they put into 4 evidence, Mr. Geiger gives a completely 5 different account than Ms. Brooks and 6 Mr. Minton about the Office of Special 7 Affairs. He denies even knowing what the 8 Office of Special Affairs is. 9 He says at the bottom of page two of his 10 affidavit quote: I did not tell Stacy 11 Brooks or anyone else that I was acting on 12 the instructions of and applying information 13 provided by the Office of Special Affairs. 14 Nor did I state that one or more members of 15 the Office of Special Affairs was involved. 16 Your Honor, they have raised, if for any 17 reason Your Honor concludes and I urge you 18 not to because I think we are completely 19 correct on this, but if Your Honor does not 20 agree that they failed to make a prima facie 21 case, then they, themselves, have raised a 22 reasonable doubt because this affidavit that 23 they put on in their case in chief 24 materially, materially contradicts in 25 significant ways the testimony of Stacy 43 1 Brooks and Robert Minton. So, I submit to 2 Your Honor this raises a reasonable doubt 3 we're entitled to an acquittal. Thank you. 4 THE COURT: Okay. Let me ask you 5 another question. You represent the Church 6 of Scientology. 7 MR. HERTZBERG: Flag Service 8 Organization and Judy Ross. 9 THE COURT: Is Judy Ross present, today? 10 MR. HERTZBERG: She is, Your Honor. 11 THE COURT: Who are you pointing to. 12 MR. HERTZBERG: Please stand. 13 THE COURT: Are you Judy Ross? 14 MS. ROSS: Yes, sir. 15 THE COURT: And you've previously plead 16 in this case? 17 MS. ROSS: Yes, Your Honor. 18 THE COURT: Okay. Thank you. Let the 19 record so reflect as to those two defendants 20 you made your argument at this time. 21 MR. HERTZBERG: Thank you, Your Honor. 22 THE COURT: All right. Mr. Merrett. 23 MR. MERRETT: Your Honor, I don't know 24 if the court wants to proceed at this point 25 or reserve at the conclusion of the case. 44 1 I'm prepared either way. 2 THE COURT: I'll reserve. 3 MR. MERRETT: Thank you. 4 THE COURT: Let's do this. We've been 5 going for about an hour. Let's take a break. 6 Take ten minutes and we'll come back. 7 (Thereupon, a short recess was taken, after 8 which the proceedings continued.) 9 THE COURT: All right. Mr. Bailiff, if 10 you would while we're getting started here, 11 would you again sound the halls for a Ferman 12 Geiger, sir. 13 THE BAILIFF: Yes, sir. 14 (Whereupon, a pause in the proceedings took 15 place.) 16 THE BAILIFF: Your Honor, he's being 17 detained down in the lobby. 18 THE COURT: You say he has appeared? 19 THE BAILIFF: That's right. 20 THE COURT: Would you please have the 21 bailiff bring him forward? 22 THE BAILIFF: Yes, Your Honor. 23 (Whereupon, a pause in the proceedings took 24 place.) 25 THE BAILIFF: He's in route, Your Honor. 45 1 (Whereupon, a pause in the proceedings took 2 place.) 3 THE COURT: Sir, are you Ferman Geiger? 4 MR. GEIGER: Yes, sir, I am. 5 THE COURT: Mr. Geiger, I have in front 6 of me an affidavit of service that you were 7 served with an order to show cause to appear 8 at this court here in the Pinellas County 9 Judicial Center, 545 First. Avenue North, 10 St. Petersburg, Florida at 9:00 AM on 11 Saturday, February 10, 2001. 12 MR. GEIGER: Yes, sir. 13 THE COURT: Halls were sounded at 9:15. 14 You were not present. Attorneys for the 15 Church of Scientology told me that maybe you 16 would show up around ten o'clock. You did 17 not respond to the sounding of the halls at 18 9:15. 19 The order that was served on you said 20 that you were to appear on Saturday, 21 February 10, the year 2001 at nine o'clock. 22 Your failure to be here at the time 23 appointed can be direct criminal contempt. 24 You can be incarcerated for up to six 25 months. I am dealing with it at this time 46 1 as direct criminal contempt. Do you have an 2 attorney present to represent you? 3 MR. GEIGER: No, sir, I do not. 4 THE COURT: Mr. Pope, do you represent 5 this man? 6 MR. POPE: I do not, Your Honor. 7 THE COURT: Mr. Pope, I'm appointing you 8 to represent him at this time in a direct 9 criminal contempt proceeding. 10 MR. POPE: Your Honor, I'm wondering if 11 I might not have a conflict in this matter. 12 THE COURT: Well, you might. Quite 13 frankly, I've looked at the case law and the 14 case law says he does not have to be 15 represented by counsel for direct criminal 16 contempt. 17 You, Mr. Geiger, were directly legally 18 served. 19 MR. GEIGER: No, sir, I was subserved. 20 THE COURT: I have not asked you yet for 21 any comment. If you want get double direct 22 criminal contempt just keep proceeding. 23 (Whereupon, a pause in the proceedings took 24 place.) 25 THE COURT: All right, now, I'll try one 47 1 more time. You were served. You did not 2 appear as ordered. You are now present. Let 3 the record reflect it is now 10:35 by the 4 courtroom clock. 5 I will give you an opportunity at this 6 time to explain yourself. Tell me why you 7 weren't present. If you have a valid excuse 8 or any mitigating circumstances. 9 MR. GEIGER: Thank you, Your Honor. I 10 apologize for being late. I underestimated 11 the time, the traffic and the location. I'm 12 totally unfamiliar with the area. I traveled 13 from my home and gave myself an hour and 20 14 minutes. 15 THE COURT: Where is your home? 16 MR. GEIGER: In Zephyrhills, Florida, 17 sir. 18 THE COURT: Okay. 19 MR. GEIGER: And I gave myself an hour 20 and 20 minutes and I ended up at the 49th 21 Street courthouse because I thought that's 22 where it was at. 23 THE COURT: You didn't read the paper 24 that was served on you? 25 MR. GEIGER: Yes, sir, but I'm totally 48 1 unfamiliar with St. Pete and I asked for 2 directions. 3 THE COURT: You're a process server? 4 MR. GEIGER: Yes, sir, for Hillsborough 5 County. 6 THE COURT: Okay. 7 MR. GEIGER: And I'm totally unfamiliar 8 with this area. And I went to the 49th 9 Street courthouse because in periods of time 10 as an investigator, as well, I have 11 associated myself with that courthouse. 12 It is error on my part and I apologize 13 for the lengthy time. I have no excuse 14 other than that, Your Honor. 15 THE COURT: Okay. All right. You did 16 receive the paperwork, the order to show 17 cause? 18 MR. GEIGER: Yes, sir. 19 THE COURT: Do you have an attorney to 20 represent you to that matter? 21 MR. GEIGER: No, sir. 22 THE COURT: Let he me ask you this. In 23 as much as the order to show cause against 24 the Church and Judy Ross with evidence 25 involving yourself had already been 49 1 presented, but I've also put on the record 2 that as far as you were concerned that would 3 have to be done again, but you weren't 4 present. 5 I'm going to put you at the end of the 6 line and I'll deal with you after I get 7 through everything else and because I'm 8 having to do it twice I'm still considering 9 the charge of direct criminal contempt and 10 we'll deal with that later. 11 Now, I'm continuing you and your matter 12 and it will be heard when the court can hear 13 it. 14 Now, you've been absent once. If you're 15 absent a second time I don't think there is 16 any mitigation or excuse you can come up 17 with, really. You're going to be hurting 18 real bad to come up with something. So, 19 rather than put you in the holding cell so I 20 know you're going to be here when I need 21 you, I'm telling you and I'll let you go at 22 this time, but I expect you to be ready at 23 the call of the court when I come back to 24 your case. Do you have any questions about 25 what I just said? 50 1 MR. GEIGER: No, sir, I do not. 2 THE COURT: All right. Mr. Bailiff, let 3 him sit out there with everybody else. 4 THE BAILIFF: Yes, Your Honor. 5 THE COURT: I will continue the matter 6 of the direct criminal contempt. I'll deal 7 with it later. We'll see how it goes. 8 (Whereupon, a pause in the proceedings took 9 place.) 10 All right. Let's go back. All right. 11 Now, as to the motion that was argued for 12 directed verdict, I'll hold off on that. 13 I've got that under advisement and I will 14 wait and see who that falls with all of the 15 other matters, especially if that Geiger is 16 going to have to be tried. Mr. Pope? 17 MR. POPE: Your Honor, as to Judy Ross 18 and the Church, they rest, and renew the 19 motion for judgment if acquittal. 20 THE COURT: Okay. Mr. Merritt? 21 MR. MERRETT: Yes, Your Honor, I'm 22 prepared to respond at this time. 23 THE COURT: Okay. Now, remember, I want 24 the record real clear this is as to the 25 Church of Scientology Flag Service 51 1 Organization and Judy Ross only. 2 MR. MERRETT: Yes, sir. 3 MR. POPE: Yes, sir. 4 MR. MERRETT: May it please the Court. 5 THE COURT: Yes, sir. 6 MR. MERRETT: Your Honor, the place to 7 begin, as in most things, is at the 8 beginning, and the beginning here is to the 9 extent that sheds light on the court's intent 10 in the injunction of November 30, your order 11 of December 1. 12 In response to the petitioner's first 13 motion for clarification or amendment or 14 whatever it was, but the December 1 order 15 that made the first expressed mention of 16 process servers and I think that the lesson 17 we have all learned is that we are in a 18 court where words mean something, sometimes 19 to a terrifying effect do they mean 20 something, and one of the words that the 21 court took the special pains interlineate on 22 that order of December 1 was word the I 23 believe "legally". It was either legally or 24 lawfully in the paragraph describing the 25 exception that the court was creating for 52 1 process serving, so what we begin with is 2 the fact that assuming that the intent of 3 the injunction was never to alter the law as 4 it pertains to service of process, ee have 5 to look at what service of process is. 6 The place where that starts and I'll 7 make this part of the argument brief because 8 I do not -- I cannot represent to you that 9 the record clearly establishes that there 10 was no service of anything other than the 11 injunction. I mean, I don't think that's 12 established. 13 THE COURT: Right. 14 MR. MERRETT: So where I would like to 15 start is briefly with section 48.011 Florida 16 Statute which defines process. Actually it's 17 not identified as a definition. It's the 18 second sentence that I'm looking at that says 19 that all process except subpoenas shall be 20 directed to all and singular the sheriffs of 21 the state and this is why we have what often 22 is the puzzler, the annotation at the top of 23 at summons or a writ that says to all in 24 singular the sheriff and deputy sheriffs of 25 the State of Florida because of this. 53 1 Now based on what section 48.011 says, 2 the document which is not directed to all in 3 singular to sheriffs of the state is not 4 process. Consequently, it necessarily 5 follows that the injunction, if the court 6 should find that the injunction was the only 7 document that was served by Mr. Geiger on 8 the night of the 30th, the injunction is not 9 process of court because it is not directed 10 to the sheriff. 11 Process of court is, of course, a term 12 of art. It is, you know, this is preaching 13 to the choir. This is not the legal 14 process. It's not due process. 15 It's a piece of paper, a specific type 16 and piece of paper which under section 17 48.011 must be, if it is to be processed, 18 directed to falling in singular to sheriffs 19 of the state. 20 The next place to which I would direct 21 the court's attention derives more directly 22 at the issue of legal service of process. 23 I'm directing the court's attention at this 24 time to section 48.021 Florida Statute which 25 when I was reading this it was another one 54 1 of the sections that brings home a thought 2 that just terrifies me as an attorney and 3 that is the extent to which I practice law 4 based on folklore. There are so many things 5 that we assume, that we think we know why 6 they are done. 7 If you recall there was a long period of 8 time when "The Rule" didn't exist. The Rule 9 is just the custom of the invoking the rule 10 of sequestration of witnesses. It was 11 actually relatively late grafted in the 12 Rules if Civil Procedure. 13 We all knew what it was. We all figured 14 there must be a rule, but there was an 15 interesting article in the Bar Journal a few 16 years back and found out that there really 17 wasn't one for the longest time. 18 What section 48.021 in sub paragraph one 19 provides is this. All process shall be 20 served by the sheriff of the county which 21 person to be served is found except initial 22 nonenforceable civil process may be served 23 by a special process server appointed by the 24 sheriff or by certified process server and 25 that refers you to the statute authorization 55 1 the chief judge to appoint certified process 2 servers. So, what you have is the full 3 extent of authority to special process 4 servers appointed by the sheriff and 5 certified process servers appointed by the 6 chief judge of the circuit. 7 Now, it is important to bear in mind 8 that persons who are special process servers 9 or certified process servers are not 10 authorized to serve any process of court 11 except -- I'm sorry, are not authorized to 12 serve any process except initial 13 nonenforceable civil process. 14 Now, one of the cases that I looked at 15 on this quoted Dean Trawick as holding that 16 that was an absurd locution and there is no 17 such thing as initial nonenforceable civil 18 process, but I think he has kind of a 19 different attitude toward the legislature 20 than most of us practicing lawyers do. 21 So there is a -- what process servers 22 are permitted to serve is initial 23 nonenforceable civil process and then 24 pursuant to the rule of civil procedure I 25 think it's 1.410, they're authorized to 56 1 serve subpoenas in civil cases because 2 anybody's authorized to serve a subpoena. 3 So that's where we are so far. 4 Now, I would next ask the court to 5 direct it's attention to section 48.27 6 Florida Statutes which is the statute that 7 essentially ratified what I assume would be 8 the inherent authority of the court to 9 appoint process servers because I'm sure the 10 court is aware that practice was previously 11 limited to appoint on a case-by-case 12 officials who were known as deleasors (sic). 13 THE COURT: Okay. 14 MR. MERRETT: Which were special process 15 serves appointed in a given case to serve a 16 given instrument. If you look at 17 subparagraph two of section 48.27, what that 18 provides is that when a person becomes 19 certified by the chief judge, it authorizes 20 him or her to serve initial nonenforceable 21 civil process and it's important to listen 22 here because this becomes critical, on a 23 person bound within the circuit where the 24 process server is certified when a civil 25 action has been filed against such person in 57 1 the circuit court or in a county court in the 2 state. 3 THE COURT: I'm sorry, where did you 4 read that? 5 MR. MERRETT: This is from subparagraph 6 two. This is the end of the first sentence. 7 THE COURT: Where it says authorized him 8 or her to? 9 MR. MERRETT: Yes, sir. 10 THE COURT: Okay. 11 MR. MERRETT: To serve initial, 12 unenforceable civil process on a person found 13 within the circuit. 14 Now, the question is for Mr. Geiger and 15 Scientology is what circuit, right? What 16 circuit is the process server authorized to 17 serve process in the circuit where he is 18 certified, when? When a civil action has 19 been filed against such person in the 20 circuit court or in the county court. 21 These are the statutes that we're 22 working with when we turn to the judicial 23 gloss regarding the authority of Mr. Geiger 24 and people in his position. 25 Factually, if the court will recall 58 1 we've heard three different ways that 2 Mr. Geiger is a certified process server 3 appointed by the chief judge in the, is it 4 the Thirteenth Circuit or the Sixth Circuit? 5 THE COURT: Thirteenth is Hillsborough. 6 The Sixth Circuit is this one. 7 MR. MERRETT: So he's appointed by the 8 chief judge in the Thirteenth Circuit in 9 Hillsborough County. You remember his little 10 card that Mr. Hertzberg presented to you. 11 That raises an interesting question. 12 And the answer to the question is this. I 13 would refer to court first to -- I have no 14 idea how this name is properly pronounced. 15 It's spelled A-B-D-A-T-E, Abdate versus 16 Providence National Bank, 631 So. 2d. 312. 17 That is a Fifth District case from 1994. 18 In that case Providence National Bank 19 initiated the suit by filing in the circuit 20 court in orange county. Thereafter the bank 21 caused a summons and amended complaint to be 22 served on Mr Abdate in Palm Beach County by 23 Charles Smith was what? A certified process 24 server like Mr. Geiger certified to serve 25 process in Palm Beach, County. So the 59 1 situation here is that we have an Orange 2 County case being served in Palm Beach, 3 county by a process server who is certified 4 in Palm Beach, County. Held that -- I'm 5 turning here to the next to the last page of 6 the copy of the opinion that you have, the 7 statutory language, reading from just below 8 the last time that it says in the footnotes, 9 the statutory language indicates that a 10 certified process server may serve civil 11 process on a person found within the circuit 12 only when the action has also been filed 13 against this person in the same circuit. 14 And service of process on Mr. Adbate was 15 quashed because the case had not been filed 16 in Palm Beach, County of in the circuit that 17 includes Palm Beach, County but in Orange 18 County which was a different circuit. 19 The rule as enunciated in the statute 20 and affirmed by this case is that a process 21 server who is certified, judicially 22 certified and only authorized to serve 23 process within the jurisdiction in which he 24 is certified when the process originated 25 from the court within the jurisdiction in 60 1 which he is certified and if you look again 2 at the fourth page of the Adbate opinion 3 you'll see that it's laid out quite neatly 4 and it is on all fours with the evidence as 5 adduced in this case, that is in the second 6 and third paragraph, lawsuit was filed in 7 Orange County, the summons and complaint 8 were served in Palm Beach County by a 9 process server certified to serve in Palm 10 Beach County. 11 The situation that we have, here unless 12 I'm sadly mistaken is we've got a case that 13 was filed in Pinellas County which is not 14 part of the judicial circuit encompassing 15 Hillsborough County where Mr. Geiger is 16 appointed and authorized to serve process. 17 We have a Pinellas County case being served 18 in Hillsborough County by a Hillsborough 19 County process server, exactly like the 20 situation in the Adbate case. 21 Consequently, what Mr. Geiger was 22 attempting to go do was not within the ambit 23 of either the court's intent on the 24 December 1 order because that wasn't legal 25 service of process. They picked the wrong 61 1 process server. They should have used the 2 sheriff. 3 They should have decided and I'll come 4 back to this point again, they should have 5 made the thought that civilized human beings 6 let other people eat and waited until 7 Ms. Brooks went back in Pinellas County and 8 served her like civilized human beings do, 9 instead of taking the deliberately abusive 10 and harassing tactic that they took. 11 And in that again, I'll come back to, 12 but I want you to think about that, Judge. 13 They went far enough out of their way to 14 attempt to affect invalid service of process 15 to make sure that interrupted her at dinner. 16 Keep that in mind. 17 The next thing to which I would direct 18 the court's attention is another 19 pronunciation. Farrey's Wholesale, 20 F-A-R-R-E-Y-'-S versus Hobbies Sound 21 Industrial Park. 22 THE COURT: Thank you so much. 23 MR. MERRETT: I'm looking at the -- 24 THE COURT: Just a minute. Let me catch 25 up. 62 1 MR. MERRETT: Yes, sir. 2 THE COURT: Okay, sir. 3 MR. MERRETT: In the Farrey's Wholesale 4 case, I read here from the second paragraph 5 of the first page, says Farrey's sued Hobbies 6 Sound in Dade County Circuit Court and we 7 turn to the next page of the opinion, one, 8 two, three, like four paragraphs up from the 9 bottom, it says here the action was filed in 10 Dade County Circuit Court. The process 11 server was certified in Palm Beach in Dade 12 County and Mr. Townsen and Hobbie Sound were 13 served in Palm Beach, County. Thus the 14 service was legally defective. Again, 15 because why? Because the process server was 16 not certified and serving both in the county 17 in which the action originated. That's what 18 the statute says and that's what is laid out 19 most clearly in the Adbate case. 20 THE COURT: Now, the Farrey's case. 21 MR. MERRETT: Yes, sir. 22 THE COURT: A suit was filed in Dade 23 County. 24 MR. MERRETT: Yes, sir. 25 THE COURT: Okay, and then served in 63 1 Palm Beach County, again. 2 MR. MERRETT: Yes sir. 3 THE COURT: With a Palm Beach County 4 certified process server. 5 MR. MERRETT: Yes, sir. 6 THE COURT: All right. 7 MR. MERRETT: Your Honor, I think the 8 court reporter might be obliged if I gave her 9 the cite. 10 THE COURT: Oh, yeah, please sir. 11 MR. MERRETT: It's 719 So.2d. 374, Third 12 District 1998. 13 THE COURT: Thank you. Did you give her 14 the cite on that other case? 15 MR. MERRETT: I think I did. 16 THE COURT: The Adbate case. 17 MR. MERRETT: Yes, I believe I did. 18 THE COURT: Okay, good. Thank you. 19 MR. MERRETT: And, Your Honor, I don't 20 know what it is you do down here, but back in 21 Jacksonville we sometimes make fun of Fifth 22 District Court of Appeal, because they kind 23 of do seem to be the district that's most 24 inclined to make bold strokes in the 25 advancement of the law, shall we say. 64 1 They often times felt alone, but that's 2 not the case here. We just got a case from 3 the Third District and handing you one ow 4 from the First District which states as 5 succinctly as possible the principle in 6 operation here. Dickinson versus Dickinson, 7 706 So. 2d. 114 First District 1998 and the 8 last paragraph of the single page case says 9 quite succinctly, as for the second issue 10 appellant correctly states that under 11 section 48.272 Florida Statute, for service 12 by a private process server to be valid, the 13 server must be certified in the county which 14 action originated. 15 Mr. Geiger told you out of his mouth, he 16 told you in an affidavit, he told you 17 through Mr. Hertzberg who for some reason 18 has access to him but doesn't want to 19 represent him, through his identification 20 card where he's certified in Hillsborough 21 County which is not part of the circuit in 22 which the case indicates originated. 23 So that gets us is this, Your Honor. 24 The only way that someone who's hired by 25 Scientology's lawyers to walk up and stick 65 1 this in someone's face during dinner is not 2 violating your injunction is according to 3 the terms of the December 1 order if that 4 person is legally serving process. 5 Judge, whatever papers you decide were 6 in his hand it is irrefutable that the 7 process that he was seeking to effect that 8 didn't amount to legal service. He had no 9 right to serve those papers. That's what 10 the law says. 11 Now, the issue is not whether or not the 12 court has jurisdiction over Ms. Brooks. If 13 the question were did that convert 14 jurisdiction over Ms. Brooks, then this 15 would have been raised on a motion to quash. 16 That would be the issue to deal with. 17 The issue is simply whether he was 18 engaged in legal, lawful service of process 19 sufficient to take him outside of the ten 20 foot rule and the harassment rule that the 21 court imposed in the injunction on 22 November 30. 23 Point number one, that was no exception 24 for people who Scientology hired to fly 25 their false flag over service of process on 66 1 no the face of your November 30 order. That 2 didn't happen until December 1. 3 More to the point, Judge, I'll tell you 4 for the last time that the law has been 5 commended for your study that clearly 6 Mr. Geiger could not legally serve process 7 in this case in Hillsborough County, period. 8 That's what the cases say and what the 9 statute says. 10 So, we're past that exception and that's 11 really the question that has been raised by 12 the argument of counsel and the question 13 that cries out just from the case of the 14 pleading and from the evidence here is is 15 there an exception. 16 Ms. Brooks testified without reputation 17 that Mr. Geiger came and put his hand in 18 front of her. You saw him, Judge. His arms 19 are less than ten feet long. 20 We know that he violated that and we 21 also know from the evidence adduced from the 22 statements that Ms. Brooks recounted that he 23 had been specifically instructed by about 24 Scientology to go there during dinner and 25 serve them. 67 1 Now, a couple points that I want make in 2 that respect. The one that just jumps out 3 at you and I have to wonder if you're going 4 to get a newspaper article of the benevolent 5 effects of surveillance on the ground since 6 you got one about nobody should be worrying 7 about Scientology having cameras all over 8 the planet, but maybe you'll get one that 9 will justify this. 10 How did Judy Ross know they where they 11 were eating dinner? How did he know -- 12 MR. POPE: Your Honor, objection. Your 13 Honor, objection. He's arguing matters that 14 are not in evidence. 15 THE COURT: Overruled. 16 MR. MERRETT: Since the statements that 17 Mr. Geiger made to Ms. Brooks were that that 18 Judy Ross had told him where to go since his 19 affidavit said he went there to find them. 20 Judy Ross was the person who related the 21 information to him, etcetera, etcetera 22 etcetera. 23 That's the question. How does this 24 outfit over here find out where people are 25 eating dinner without violating the 68 1 prohibition against harassment? How do they 2 do that, Judge? I don't think it's doable. 3 I think it tells you that indisputably 4 Scientology was engaged in surveillance of 5 these people. 6 MR. POPE: Your Honor, objection. He's 7 arguing matters -- there's not the first bit 8 of evidence that he has presented about 9 surveillance or harassment except for a 10 process server coming in and handing 11 Ms. Brooks papers at dinner. That's what the 12 evidence shows. 13 For him to be arguing harassment and 14 surveillance on this record is highly 15 improper, Your Honor. 16 THE COURT: Mr. Merrett? 17 MR. MERRETT: Your Honor, the statements 18 made by Mr. Geiger were clearly to the effect 19 that there were OSA handlers, employees of 20 the Church of Scientology in the restaurant 21 with these people, that he had received 22 specific instructions to interrupt their 23 dinner from Scientology. 24 THE COURT: Proceed with your argument. 25 MR. MERRETT: Thank you. There is no 69 1 other way for him to turn up there. I mean 2 we have not heard testimony that he, himself, 3 is a Scientologist with OT powers so we know 4 that he didn't just figure this out by going 5 exterior. We know he got this information 6 from somebody in the real, three dimensional, 7 solid world who conveyed it to him and we 8 know that that person has to have been acting 9 at the direction of Scientology. 10 We also know from the statement of 11 Mr. Geiger that Scientology had OSA people 12 and it's interesting to know that 13 Mr. Hertzberg use the term of art which 14 Ms. Brooks did not. She referred them as 15 people. He referred to them as operatives. 16 Operative is probably a better word given 17 what they do. Those people were in the 18 restaurant. 19 Even if Mr. Geiger wasn't telling the 20 truth or didn't say that, you're left with 21 the inescapable question, how did they know? 22 And the fact is that the only way to find 23 out is through harassment. 24 Now, I will if, the court deems it 25 appropriate, what I'd to do since 70 1 Mr. Hertzberg brought to your attention the 2 return of service executed by Mr. Geiger or 3 read to you the name of what he referred to 4 as an attorney, I want to give Scientology 5 an opportunity to number one, show the court 6 where that attorney is of record in this 7 action and number two, maybe they can give 8 you his bar number if he's an attorney. 9 He's not an attorney, not in the State 10 of Florida. He's not a member of the 11 Florida Bar and he has not in connection 12 with this case. 13 MR. POPE: Your Honor, he's arguing -- 14 MR. MERRETT: He isn't -- 15 MR. POPE: Objection. He's arguing 16 stuff that is not in the record. 17 THE COURT: Okay, now, there other than 18 what you say in the record, he did present -- 19 now, just wait a minute. Let me get 20 something. 21 (Whereupon, a pause in the proceedings took 22 place.) 23 Mr. Merrett? 24 MR. MERRETT: Yes, sir. 25 THE COURT: Where is the reference to 71 1 that attorney? 2 MR. MERRETT: It's the first line of 3 the -- 4 THE COURT: I see it. You're talking 5 about this document that Mr. Hertzberg called 6 my attention called return of service 7 affidavit Stacy Brooks and then up here when 8 he showed me summons and complaint and 9 Injunction Number Two and then right below if 10 you drop down under the first line that goes 11 across the page under the style it says 12 pursuant to the request of Kendrick L. Moxon, 13 M-O-X-O-N, Esquire, 1100 Cleveland Street, 14 Clearwater, Florida. Now that's the attorney 15 you're making reference to? 16 MR. MERRETT: Yes, sir and I would 17 suggest to you that I would be appalled, but 18 maybe not surprised, if opposing counsel 19 wants to represent to you that Mr. Moxon is a 20 lawyer in the State of Florida or is 21 affiliated with this case, but if that's 22 their next step -- 23 THE COURT: Let's wait and see -- 24 MR. POPE: Your Honor -- 25 THE COURT: You've raised the point at 72 1 this time and I'll give Mr. Pope a chance or 2 Mr. Hertzberg when they argue to comment. 3 MR. MERRETT: The point would be that 4 that's a matter for judicial notice who is 5 and isn't a member of Florida Bar. I'm sure 6 you've got directory in your office. It's 7 not subject to reputation or dispute. 8 The question is why is he involved? Why 9 is he the one who is directing -- he's the 10 named contact for the instructions to Ferman 11 Geiger to pursue these people to the supper 12 table and wave papers in their faces. 13 He ain't a lawyer. Wherever he's a 14 lawyer, he ain't a lawyer in this case. He 15 has no connection to this action other than 16 having been present at some of the events 17 the court has heard evidence about, he has 18 no connection to it. 19 What does that tell you, Judge? 20 Customarily when lawyers are serving 21 process, it's something that lawyers, 22 members of the Bar do. 23 We say, you know what? It's time to 24 serve Bob Minton and we prepare the papers, 25 we pick a process served or have an 73 1 assistant pick a process server and we sent 2 it out. We ordinarily don't refer it to 3 someone that's not associated with the case 4 and not an attorney in the State of Florida. 5 That tells you something about the lack 6 of good faith in the activities that took 7 place on the night of November 30. 8 Now, the argument so far as been based 9 on this. Number one, it is absolutely 10 impossible that what Mr. Geiger was up to 11 was effecting legal service of process 12 because of the rules that are laid out in 13 the statutes and case law that I gave you 14 requiring that the person be certified in 15 the county in which the action originated. 16 Second, that they necessarily, 17 regardless of what you choose to believe 18 about the details, necessarily Scientology 19 has to have been engaged in harassing 20 behavior in order to know where the woman 21 was eating. 22 I mean, that's not something that people 23 just intuitively know. We don't know what 24 that was, but there is no other way for them 25 to know that other than by following them, 74 1 or otherwise engaging in surveillance. 2 That's where we gotten so far. 3 The notion that this was part of a 4 campaign of harassment is bourne out to an 5 extraordinary degree by the fact that with 6 was all directed by a non-lawyer who os not 7 associated with this case. Not by any of 8 these lawyers. None of these guys did it. 9 It was farmed out to somebody with special 10 skills. 11 The last point that I want to bring the 12 court to is this. If you disregard all of 13 that, if you disregard the law that says 14 Ferman Geiger cannot lawfully service 15 process which originates in Pinellas County, 16 if you disregard the fact that somebody had 17 to be doing something spooky to figure out 18 where these people were eating, if you 19 disregard the fact that they associated an 20 outside person to oversee this operation 21 you're left with this point, Judge. What 22 these people are telling you is that you 23 know what? As long as we're serving 24 process, we can have Mr. Geiger serve it on 25 Ms. Brooks when she's in gynecologists 75 1 office on the table. As long as we're 2 serving process we can send a process server 3 into church on Wednesday night to serve 4 process and that's not going to violate the 5 injunction. We can send a process server 6 into the intensive care unit where someone 7 is standing next to his dying mother's bed 8 and serve process and that's not harassment. 9 That's what they're trying to tell you, 10 Judge. 11 The fact of the matter is, the conduct 12 in question, prima facie, violates the 13 injunction as it was entered on November 30 14 and the exception which has been suggested 15 to you which is the purported right to serve 16 process has not been proven because of the 17 lack of legal authority for the actions 18 undertaken and the limitation in your order 19 of December 1 to legal action in pursuit of 20 service of process. 21 That means that exemption doesn't apply 22 to Mr. Geiger and it doesn't apply to them 23 and lastly the exemption cannot no apply 24 unless the court is inviting perpetual 25 subterfuge the exception cannot apply to 76 1 behavior which while otherwise lawful is 2 specifically conducted in a way to make it 3 harassing. 4 Now, I want to make it real clear. If 5 he's telling the truth, if they're right, 6 it's going to -- 7 THE COURT: I'm sorry, who is he? 8 MR. MERRETT: He, Scientology, L. Ron 9 Hubbard, them. 10 THE COURT: Okay. 11 MR. MERRETT: If they are right it's 12 going to be a hot time at the Ft. Harrison 13 because you know what, Judge, all 14 Scientologists are subject to your injunction 15 and I just believe I may get me a few process 16 servers to go in and serve everybody who's 17 eating dinner in the Ft. Harrison since 18 serving people while they're eating dinner is 19 okay according to Mr. Hertzberg since this is 20 not harassing behavior according to 21 Mr. Hertzberg. 22 The fact is, Judge, I didn't do that. 23 I'm not going to do that. You know why? 24 Number one, it's not decent. It's not 25 civilized. 77 1 Number two, it violates your injunction 2 because it's harassing people. 3 Judge, you've been on the bench a while. 4 It's my understanding you practiced law 5 before that, which is something I really 6 admire in a judge. There's awfully little 7 of it. 8 You know what's going on. This is no 9 mystery. This is just another episode of 10 perversion of the process by Scientology. 11 Now, I can quote you any time you want 12 to, I can quote a dozen appellate opinion 13 explaining that this is Scientology's deal. 14 This is what they do. 15 If there is a way to harass people, they 16 will use it. That's judicially established 17 fact over and over and over and over again. 18 You know what's going on, Judge. It's 19 clear that this was undertaken deliberately 20 to harass Ms. Brooks and their attempted 21 cloak of service of process vanishes when 22 you read the law. 23 It's clear that while Mr. Geiger is not 24 before you at present, the Church and anyone 25 acting in collusion with the Church in 78 1 setting this up is guilty. Thank you. 2 THE COURT: All right. Thank you, sir. 3 Rebuttal? 4 MR. POPE: May it Please the Court. 5 THE COURT: Yes, sir. 6 MR. POPE: Your Honor, an injunction 7 that's contained within it a prohibition 8 against the service of process would be a 9 nullity. I mean that is on its face patently 10 ridiculous that an injunction would prevent 11 the service of process. 12 What your order of December 1 did was 13 simply state what the law has always been 14 and that is that process servers are agents 15 of the court. 16 Now, if they these cases that 17 Mr. Merrett has cited to you are correct, 18 the remedy for that is to file a motion to 19 quash the process. 20 In this case they did no such thing. 21 They have waived that. If that is a defect, 22 they have waived it. 23 What they're trying to go now is 24 bootstrap a contempt charge based upon the 25 claim that the process server of 79 1 Hillsborough County, certified though he may 2 be, can't serve a Pinellas County summons 3 and complaint. Bear in mind, however, Your 4 Honor, that there were three items served on 5 Ms. Brooks. There was the temporary 6 injunction served and why was that served? 7 Because your order says that if you have 8 knowledge of the injunction and you're 9 acting in concert or participation, you're 10 bound by it. Anybody can served one of 11 those orders. You don't have to be a 12 process server. Anybody can hand somebody a 13 paper and give them notice. 14 Now, let's go back, Your Honor, and 15 recreate the situation beginning on 16 November 29, the day before you entered your 17 order of injunction. 18 You signed an order that says the clerk 19 shall upon plaintiff's request issue 20 additional summonses with respect of each of 21 the foregoing defendants and plaintiff shall 22 serve upon each of said defendants, a 23 summons, a copy of the verified, amended and 24 supplemental complaint and a copy of this 25 order. 80 1 We had every right under that order to 2 do that. That was the 29th. No injunction 3 had been issued as of that time. You 4 brought us down especially to your chambers 5 here on the afternoon of the 30th at about 6 three, two or three o'clock, and you said 7 I'm doing that now because I understand the 8 urgency the big weekend of picketing is 9 coming up. That was the time pressure. 10 That was what created time -- made time of 11 the essence with respect to this matter. 12 At the conclusion and you announced your 13 injunction in an effort to preserve peace 14 and order. 15 I had, pursuant to your order joining 16 Stacy Brooks, Jeff Jacobson, Patricia 17 Greenway, Peter Alexander and Tory Bezazian, 18 I was under an instruction here to serve 19 them. And I wanted them served right away 20 because of the urgency of the matter. 21 I wanted them served, not only with the 22 complaint, but also with a copy of the 23 injunction, so there would be no doubt that 24 they knew about it. It was an effort to 25 make sure they had fair notice. 81 1 That's what service of process is all 2 about. I will represent to the court that I 3 asked the client to do everything in its 4 power to effect service of process as soon 5 as possible. 6 Now, the record shows that the client 7 contacted a certified process company called 8 Geitzon and company in Tampa and they 9 selected Mr. Geiger to serve the process. 10 Mr. Geiger goes in and his own return 11 indicates that the way he located Ms. Brooks 12 was through the manager. He had a picture 13 of her and he located her through the 14 manager. He states that on his return and 15 he goes and serves her. 16 Now, Your Honor, let's go back to 17 basics. The case of Schrimshaw versus State 18 focuses on a contempt, a criminal contempt 19 issue and here's the standard. 20 In you present case, quoted from 21 Schrimshaw. 22 THE COURT: Did you give the cite on 23 that? 24 MR. POPE: The cite is 592 So. 2d. 753. 25 THE COURT: Where's it from? 82 1 MR. POPE: It is from the Fourth 2 District Court of Appeals, I believe. I'm 3 sorry, it's the Third District Court of 4 Appeal, but the point of the case -- there's 5 lots of cases out there that lay out what the 6 standard is a contempt matter. 7 THE COURT: What's that, about 1987? 8 MR. POPE: That would have been 1992. 9 THE COURT: '92, okay. Thank you. 10 MR. POPE: The record is devoid of any 11 evidence indicating that the Detective 12 Schrimshaw's conduct was intended or 13 reasonably calculated to degrade, embarrass 14 or hinder the judicial function. 15 Your Honor, what Mr. Geiger was trying 16 to do was assist the judicial function by 17 serving the papers on a party who had been 18 joined as a brand new defendant and who was 19 planning to engage in activities that very 20 next day touching upon the injunction. 21 That's we have here. 22 Now, as to the Church of Scientology and 23 Judy Ross, the only evidence in the record 24 is that they asked a private process company 25 in Tampa, Florida to serve process. That's 83 1 the only evidence in the record. You don't 2 convict a person on a beyond a reasonable 3 doubt standard on things like how did they 4 know, the how did they know argument that 5 Mr. Merrett made. Or they had to be engaged 6 is harassing conduct. 7 It is incumbent upon him to prove beyond 8 a reasonable doubt that they were engaged in 9 harassing conduct. The evidence just 10 doesn't support it. Thank you, Your Honor. 11 (Whereupon, a pause in the proceedings took 12 place.) 13 THE COURT: Okay. I've got this under 14 advisement. We've been going about an hour. 15 Let's take a break. We'll take ten minutes. 16 (A short recess took place after which the 17 proceedings continued.) 18 THE COURT: Let's do this. At this time 19 we'll move over into the show causes on the 20 other side and I want to do a couple things. 21 Is Tory Bezazian present today? 22 MR. MERRETT: She is, Your Honor. I 23 think she's in the ladies room. She's been 24 here all morning. 25 THE COURT: Okay. Keith Henson. 84 1 MR. MERRETT: He is not present, Your 2 Honor. Your Honor, Ms. Bezazian is now 3 physically present before the court. 4 THE COURT: Okay. Very good. Frank 5 Oliver. 6 MR. OLIVER: Right here, Your Honor. 7 THE COURT: Okay. I see you. Thank 8 you. Okay, Heather Bennett? 9 MS. BENNETT: Here, Your Honor. 10 THE COURT: Thank you. Rod Keller. 11 MR. KELLER: Here, Your Honor. 12 THE COURT: Thank you. John Merrett. 13 MR. MERRETT: Present, Your Honor. 14 THE COURT: Thank you, sir. Jesse 15 Prince. Where is he? He was here. 16 MR. MERRETT: I think he's in the men's 17 room. 18 THE COURT: I'll come back to that in 19 just a second. Grady Ward. 20 MR. WARD: Here, Your Honor. 21 THE COURT: Thank you. The Lisa 22 McPherson Trust, Inc. 23 MS. BROOKS: Here, Your Honor. 24 THE COURT: Yes, thank you. Robert 25 Minton. 85 1 MR. MINTON: Here, Your Honor. 2 THE COURT: Thank you. All right. Do 3 this. Mr. Bailiff, would you sound the halls 4 for a Frank Oliver? 5 MR. OLIVER: I'm right here, Your Honor. 6 THE COURT: I'm sorry, Keith Henson. 7 I'm sorry, Mr. Oliver, thank you. Keith 8 Henson. 9 MR. MERRETT: Your Honor, I can save the 10 bailiff -- 11 THE COURT: Let him -- just a minute. 12 My record. Hold on. 13 MR. MERRETT: Yes, sir. 14 THE BAILIFF: Your Honor, the halls were 15 sounded for Keith Henson. No response to the 16 call of the court, Your Honor. 17 THE COURT: Okay. Let the record 18 reflect that it is now 1136 hours on this, 19 the 10th day of February, the year 2001 which 20 is a Saturday morning and that Keith Henson 21 did not answer the call of the court. The 22 bailiff sounded the halls in the courthouse. 23 Now, hold on, Mr. Merrett. Just a 24 second. We'll get to that. Jesse Prince, 25 are you present? 86 1 MR. PRINCE: Yes, sir. 2 THE COURT: Okay. Thank you. All 3 right. Now, Mr. Merrett, you were going to 4 say? 5 MR. MERRETT: Your Honor, Mr. Henson is 6 not present and will not be present for the 7 reasons previously stated in the motion which 8 was denied and the affidavit previously filed 9 with the court regarding his inability to 10 obtain transportation transcontinentally to 11 attend the proceeding. 12 I believe we had moved, but the court 13 had not ruled on a -- moved to require the 14 Church of Scientology to advance the costs 15 of transportation since in the event an 16 acquittal would be taxable against 17 Scientology in any event. 18 THE COURT: Was there a formal written 19 motion on that? 20 MR. POPE: Your Honor -- 21 MR. MERRETT: No, Your Honor. If I 22 recall correctly it was a -- it may have been 23 included in one, but I distinctly recall 24 making it as an oral motion at the conclusion 25 of the hearing in which -- 87 1 THE COURT: To excuse him because he 2 couldn't afford to come? 3 MR. MERRETT: Yes, sir, and as I said, I 4 don't recall whether it was included in the 5 motion, the written motion, but I know that I 6 did raise it orally at the conclusion of that 7 hearing. 8 MR. POPE: Your Honor, may I refresh the 9 court's recollection? 10 THE COURT: Yeah, please. 11 MR. POPE: Your order of February 1. 12 THE COURT: Yes, sir. 13 MR. POPE: Mr, Henson made a motion to 14 excuse personal appearance which you denied 15 without prejudice to Mr. Henson's right to 16 timely arrange for a video conference hearing 17 in which he shall appear and testify subject 18 to cross-examination with regard to his 19 desire to excuse himself from further 20 personal appearance in this matter. And you 21 arranged -- you allowed that. 22 A video conference hearing shall be 23 limited to the issue of whether Mr. Henson 24 wishes to his excuse himself from further 25 personal participation in this matter, he 88 1 was given the opportunity to do that in the 2 intervening days. He didn't do it. 3 THE COURT: Is that an order I signed? 4 MR. POPE: That is an order you signed 5 on February 1. You remember we had a -- 6 THE COURT: Oh, yeah, I remember all of 7 that. I just, in that order -- okay. Let me 8 just look at it a minute. Hand me a copy. 9 MR. MERRETT: That's what it says, 10 Judge. 11 THE COURT: Okay. Let me just look. I 12 don't doubt either one of you. I'm just 13 looking for something for myself. Hold on. 14 (Whereupon, a pause in the proceedings took 15 place.) 16 MR. HERTZBERG: Paragraph eight, the 17 last page. 18 THE COURT: Okay. Thank you, sir. 19 (Whereupon, a pause in the proceedings took 20 place.) 21 All right. Mr. Merrett. 22 MR. MERRETT: Yes, sir. 23 THE COURT: Did you or were you 24 representing Keith Henson? 25 MR. MERRETT: Yes, I was. 89 1 THE COURT: Did you forward a copy of 2 this to him? 3 MR. MERRETT: Yes, sir. 4 THE COURT: Okay. 5 MR. MERRETT: However, for the same 6 reasons relating to his impecunious status 7 he's not able to set up a video conference. 8 I mean, that's, you not, if he had the money 9 it wouldn't be an issue. 10 MR. POPE: Your Honor, I would point out 11 that he didn't have any trouble coming here 12 to picket -- 13 THE COURT: So noted. So noted. That 14 argument was made earlier and that's -- 15 MR. HERTZBERG: Your Honor. 16 THE COURT: Just a minute. 17 (Whereupon, a pause in the proceedings took 18 place.) 19 THE COURT: All right. Well, just for 20 the record, based upon the bailiff sounding 21 the halls and Keith Henson not being present 22 nor do I find at this time do I have any 23 evidence or anything in front of me to 24 explain away his failure to comply with 25 paragraph eight of the court's order of the 90 1 first day of February in the year 2001 and 2 based upon the Sandstrom v. State case, which 3 is found at 390 So. 2d. 448, it's a Fourth 4 DCA case from the year 1980, that clearly and 5 unequivocally says that a defendant's failure 6 to appear in court on the day and time 7 ordered can be a basis for direct criminal 8 contempt. 9 At this time I will put on the record 10 later, but I'm treating this as a direct 11 criminal contempt and we'll deal with it 12 accordingly and I'll probably issue a 13 capias. 14 All right. Now, let me go -- I want 15 Mr. Merrett and then I will come to you, 16 Mr. Howie, but I want to double check. To 17 my knowledge Ms. Bezazian did enter a plea 18 in this matter and entered a not guilty 19 plea. 20 If I'm wrong in any of these, 21 Mr. Merrett, correct me, but I believe 22 Ms. Bezazian, Mr. Oliver, Ms. Bennett, 23 Mr. Keller, yourself, Mr. Prince, Grady 24 Ward, and the Trust all entered not guilty 25 pleas and were arraigned, am I not correct? 91 1 MR. MERRETT: I know that they were all 2 arraigned. I'm not sure who entered pleas 3 and who stood mute. 4 THE COURT: You want me to call them all 5 up or are you going to enter a not guilty for 6 all of them with the exception of Henson? 7 MR. MERRETT: What I would ask, Your 8 Honor, is that the respondents stand mute and 9 that the court deem pleas of not guilty 10 entered on their behalf which is the 11 provision under criminal rules. 12 THE COURT: Yeah, I'll treat it that 13 way. You have any objections, Mr. Pope? 14 MR. POPE: No, Your Honor. 15 THE COURT: We'll go that way. Now, 16 Mr. Howie, as to Mr. Minton. 17 MR. HOWIE: Your Honor, Mr. Minton was 18 already arraigned and a plea of not guilty 19 was entered at that time. 20 THE COURT: Okay. All right. Then 21 we're ready to proceed. And, Mr. Pope, I'll 22 come over to you and, sir, how would you like 23 to proceed? 24 MR. POPE: I'd kind of like to do it in 25 a way that would make it easy on the nonparty 92 1 witnesses. 2 THE COURT: Okay. Let's do that. I'm 3 willing to do that. Just let's -- 4 MR. POPE: I'd like to start with -- 5 we've got an amended and consolidated order 6 to show cause that deals with Bezazian and 7 Henson you've already resolved, and a group 8 of people including Mr. Merrett and 9 Mr. Minton. 10 I'd like to with Bezazian because there 11 are three police officer who have testimony 12 to offer on that issue and I'd like to just 13 call them and get them and have them 14 testify. 15 THE COURT: All right. 16 MR. POPE: One of the police officers 17 has testimony with respect to both of the two 18 orders to show cause and just to save 19 everybody time, when I have him on the stand 20 I'd like to cover both areas. 21 THE COURT: All right. You know where 22 we're going -- 23 MR. POPE: I'll do that. 24 THE COURT: The main thing is I want 25 this record clear so that it can be followed 93 1 on each and intervested. 2 MR. POPE: All right. 3 THE COURT: All right, now, Mr. Merrett. 4 MR. MERRETT: Yes, Your Honor. We have 5 served yesterday and are filing today as soon 6 as I can dig it out, a motion to dismiss or 7 compel ori tenus, a statement of particulars 8 which complies with the court's order. 9 If you recall, we filed a motion for a 10 statement of particulars asking among other 11 things a specific portion in the injunction 12 which were alleged to be violated that they 13 be enumerated and that the conduct in 14 question which violated them be enumerated. 15 The response of Scientology was simply to 16 refer to paragraph of the injunction. 17 For example, when it says, you know, 18 what portion of the injunction if violated 19 by the conduct described in paragraph three 20 the response was paragraph one, two and 21 three of the injection was all the 22 prohibited paragraphs in the injunction and 23 essentially this response to the court's 24 order for a statement of particulars that 25 was responsive to the request was entirely 94 1 nonresponsive and was deliberately evasive 2 and left -- it made no change or narrowing 3 or increased specificity in the order to 4 show cause, so we move, Your Honor, to 5 dismiss for lack of specificity in the order 6 to show cause or to dismiss it and sanction 7 for failure to comply with the court's order 8 or alternatively to compel him to announce 9 now specifically what portions of the 10 injunction are said to have been violated by 11 each of the acts described in the order to 12 show cause. 13 THE COURT: Mr. Howie. 14 MR. HOWIE: May it Please the Court, I 15 received Mr. Merrett's written motion fairly 16 late. I think it was just yesterday and I 17 did not have an opportunity to respond or 18 join in. At this time I would join in with 19 his motion concerning the motion to compel 20 statement of particulars. 21 THE COURT: Okay. Mr. Pope. 22 MR. POPE: I haven't even seen this 23 motion yet, so it's a surprise to me. Your 24 Honor, we did not specify in the order to 25 show cause even a paragraph and when we did 95 1 this and the statement of particulars, I 2 filed what I thought was a good faith 3 response and pointed to each paragraph that 4 we contended was violated. 5 I mean the language is in the paragraph 6 and some cases it's paragraph one and two 7 and in some cases it's paragraph one, two 8 and another one. 9 You know, I'm pointing their nose right 10 at the paragraph that's involved in this 11 thing and I haven't even see this motion now 12 that he's purporting to call up for hearing. 13 I mean the notice is a little short. 14 MR. MERRETT: Judge, I'm wondering if 15 Mr. Pope would read to us for example, 16 paragraph one, and maybe explain to the court 17 how that specifies what violation is alleged 18 to have been caused by any of the behavior 19 since there are three specific prohibitions 20 in paragraph one. 21 That's my point. He didn't tell us 22 anything. 23 THE COURT: Mr. Pope, you want to 24 respond to this? 25 MR. POPE: Your Honor, the order to show 96 1 cause sets forth the facts that we contend 2 constitute a violation. 3 THE COURT: And you are standing on all 4 of them, paragraphs one, two, three, four, 5 five, six, etcetera. 6 MR. POPE: Absolutely. 7 THE COURT: Let's proceed. 8 MR. POPE: All right. 9 MR. MERRETT: Judge, if I may, I need to 10 make this clear for the court if not for the 11 record, what Mr. Pope is apparently 12 representing to you is that Ms. Bezazian 13 sitting in the Santa Claus chair was putting 14 her within ten feet of a member of the 15 Church, blocked a path of a member or motor 16 vehicle of a member of the Church and 17 physically inhibited a church member from 18 enter or leaving property owned and operated 19 by the Church. 20 That's what he's telling us and that is 21 insufficient and obvious that he knew that. 22 That's what he's saying in each of these 23 allegation that every act that he 24 alleges -- he's alleging for example that 25 climbing up the ladder and looking at the 97 1 camera, did it put us within ten feet, did 2 it block a path of a member of Scientology, 3 did it physically inhibit them, did it 4 harass a member of the Church. That's what 5 he's saying and that patent nonsense. That 6 is not a statement of particulars in 7 compliance with the court's order. 8 Essentially, the statement of 9 particulars says read the injunction, 10 however, the injunction is multifarious 11 paragraph by paragraph in its prohibition 12 and consequently that does not apprise the 13 defendant of the conduct which is charged. 14 MR. POPE: We allege facts instead of 15 legal conclusions. The facts either fit 16 within the terms of the injunction or they 17 don't. If sitting in the Santa Claus chair 18 is not a violation of the injunction, he's 19 certainly free to argue that and compare it 20 to the injunction. 21 I cited him to each paragraph. His 22 motion says what provision of Temporary 23 Injunction Two said that it had been 24 violated. I said in paragraph one, two and 25 eleven. That tells those are the 98 1 provisions. I didn't do it on a 2 word-by-word basis. You broke it out into 3 paragraphs and I responded thusly. 4 MR. MERRETT: Again, Your Honor, if 5 Mr. Pope is proceeding in good faith, he can 6 stand back up and he can tell you without a 7 moments hesitation exactly what prohibition 8 was violated by Ms. Bezazian committing 9 grievous acts by sitting in Scientology's 10 Santa chair. I mean it's not a complex 11 procedure. He drafted the charge. 12 (Whereupon, a pause in the proceedings took 13 place.) 14 THE COURT: All right. After looking at 15 the order to show cause injunction and the 16 statement of particulars, there is enough to 17 go on there. We'll see where it goes. Let's 18 proceed. 19 MR. POPE: Call the first witness, Your 20 Honor? 21 THE COURT: You may, sir. 22 MR. POPE: Officer Butterfield. Your 23 Honor, this relates to the amended and 24 consolidated order to show cause specifically 25 relating to Tory Bezazian. 99 1 Thereupon: 2 JAMES BUTTERFIELD 3 was called as a witness and having been duly sworn, was 4 examined and testified as follows: 5 DIRECT EXAMINATION 6 BY MR. POPE: 7 Q Would you tell us your full name, Officer 8 Butterfield? 9 A James Robert Butterfield. 10 Q And your occupations? 11 A Police officer for the City of Clearwater. 12 Q How long have you had that position? 13 A About a year-and-a-half, sir. 14 Q All right. I want to bring your 15 attention -- before I bring your attention to that, 16 are you familiar with what is known as Injunction 17 Number Two in this proceeding? 18 A Yes, I am. 19 Q How is that you're familiar with that? 20 A I have briefly reviewed the document itself. 21 Q Was a copy provided to you by the police 22 department? 23 A No, a copy was provided to me by the Church 24 of Scientology on the days that I worked there. 25 Q Okay. And on, specifically on December 1, 100 1 2000, did you have an opportunity to have discussions 2 about this injunction and its terms with Ms. Bezazian? 3 A Yes. 4 Q Would you tell us how often you spoke to her 5 about it on that day? 6 A Approximately five times. 7 Q All right. Would you just walk us through 8 if you can remember what the nature of your discussion 9 and her response was as to each of those episodes? 10 A When I showed up for work that day -- 11 MR. MERRETT: Judge, I'd ask at this 12 point for permission to examine the document 13 to which the witness refers to while 14 testifying. 15 THE COURT: Come forward. 16 (Whereupon, documents were reviewed.) 17 (Discussion was had off the record.) 18 MR. MERRETT: I would just, Your Honor, 19 that in accordance with accepted practice and 20 the evidence code, the witness be instructed 21 to refrain from reviewing the document unless 22 predicate is laid regarding lack of 23 recollection or there is an attempt to move 24 it into evidence. Witnesses are to testify 25 from their own recollection. 101 1 THE COURT: All right. Mr. Pope. 2 MR. POPE: Your Honor, may I return this 3 to the witness? 4 THE COURT: You may, please, sir. 5 MR. MERRETT: Judge, I ask that it be 6 placed on the clerk's table unless and until 7 there is some legitimate reason for the 8 witness to be -- 9 THE COURT: Mr. Pope, lay a predicate. 10 MR. POPE: Your Honor, I wasn't going to 11 ask him any question about it. He brought 12 it. I didn't ask him -- 13 THE COURT: All right. 14 MR. POPE: Put it face down and we'll go 15 from there. 16 THE COURT: Thank you. 17 BY MR. POPE: 18 Q Now, we were on the subject of your five 19 different encounters with Ms. Bezazian, would you 20 start and tell us about the first one? 21 A If I can give you a little history before 22 that? 23 MR. MERRETT: Objection. Nonresponsive. 24 BY MR. POPE: 25 Q Please give us some history then in leading 102 1 up to the question just asked you. 2 MR. MERRETT: Objection. Calls for a 3 narrative, relevance. 4 THE COURT: You may proceed. Thank you 5 very much. 6 THE WITNESS: I showed up for work at 7 the Church of Scientology for detail that day 8 about one minute before the start of my 9 shift. 10 I was given that document. I quickly 11 reviewed the document with some of the other 12 members of the Church of Scientology who 13 showed me what the high points were and 14 which maps we would refer to the given area 15 that I was working at. 16 At that exact moment in time, so I'm 17 told., at the -- 18 MR. MERRETT: Objection. Hearsay, 19 competence. 20 THE COURT: As to hearsay, sustained. 21 BY MR. POPE: 22 Q Don't tell us what anyone told you. Just 23 tell us what happened at that exact moment in time. 24 A They were having a meeting at the -- 25 MR. MERRETT: Objection. Competence. 103 1 The witness has no personal knowledge of 2 this. 3 BY MR. POPE: 4 Q All right. Just move on. 5 A I quickly read the document and reviewed the 6 map and went to my assigned post. 7 Q Which was where; you're assigned post? 8 A If I could look at the map I could tell you 9 which building it is. It's the Church of Scientology 10 building on Cleveland Street on the south side, 11 whatever that building number is. 12 Q All right. 13 A There were several protesters walking around 14 at that time. One of them was Tory. Since I had not 15 had much time to review the map or the document, every 16 time I interacted with them or thought they were doing 17 something inappropriate, I would walk over to them and 18 say, hey, I don't understand this document any better 19 than you because I just received it a minute ago. 20 Let's review it together, so every single time we 21 looked at the map together and we looked at the 22 narrative together to figure out what was being done, 23 if it was right or wrong and exactly what the map said 24 or showed that it should or should not be. So, in the 25 several instances where Tory was where she should not 104 1 have been, we would look -- 2 MR. MERRETT: I'm going to object. 3 Legal conclusion. 4 THE COURT: Overruled. Proceed. 5 THE WITNESS: We would look at the map, 6 decide if she should or should not be 7 protesting in that area. Every single time 8 we came to a mutual agreement whether she 9 should or should not be there and I 10 instructed her to adhere to the agreement, 11 which she did in every case except for one 12 time. 13 BY MR. POPE: 14 Q Tell us about that one time? 15 A If I -- on this building on Cleveland Street 16 on the south side, on the south side of that building 17 there is a parking lot. To the east of that parking 18 lot is the area in question. 19 There is a side street there. I don't 20 believe the side street has an actual name to it. 21 She was standing in front of the entrance 22 way to the parking lot. According to go the map the 23 property line seems to go through or into the next 24 building that's not owned I believe by the Church of 25 Scientology. So she was standing extremely close or 105 1 on the border. 2 She had her sign up at one time. She was 3 yelling chants of some sort as the cars or buses or 4 people walking by. I approached her, showed her the 5 map. We agreed that she could not be legally 6 protesting there. 7 I instructed her she had to turn her sign 8 upside down and yet she could be there, she just 9 couldn't protest there, so she would stand there with 10 her sign upside down. 11 She stayed for several minutes, maybe 15 to 12 20 minutes and there was one time another member of 13 the Church of Scientology walked over to me a said 14 she's got her sign up and she did have her sign up. 15 MR. MERRETT: I object. Move to strike 16 and ask counsel take charge of the witness 17 rather that inducing a narrative. Move to 18 strike statements of this other Scientologist 19 and again ask that counsel take charge of the 20 witness. 21 MR. POPE: I'll agree -- 22 THE WITNESS: I did see -- 23 THE COURT: Hold on just a minute. Give 24 Mr. Pope a chance. 25 MR. POPE: I agree that his statement 106 1 about what the Scientologist said is 2 inadmissible. 3 THE COURT: Okay. Rephrase your 4 question. 5 BY MR. POPE: 6 Q Just go ahead and explain what you did and 7 what she did without reference to with the 8 Scientologist said. 9 A I visually witnessed her with the sign or 10 saw her with the sign up and chanting or yelling at 11 the buses. I walked over to her and said you can't do 12 that. We, I believe, we reviewed the map again and 13 the narrative and she stopped. 14 MR. POPE: All right. I have no further 15 questions for this witness. 16 THE COURT: You may inquire, 17 Mr. Merrett. 18 CROSS-EXAMINATION 19 BY MR. MERRETT: 20 Q Was that the first time you worked a detail 21 for the Church of Scientology? 22 A No, sir. 23 Q Was is the last time? 24 A No, I think I've done it once since then. 25 Q Can you tell the court how much money 107 1 Scientology has paid you since you've been working 2 with them? 3 A I believe it's around $21 an hour. 4 Q Okay. How much total? 5 A I did receive the W-2 the other day, but I 6 did not look at it. If I had to take a guess I would 7 saw between on and two thousand. 8 Q Okay. 9 A I would guess 1400 for the year. 10 Q And at what rate are you being compensated 11 for your presence here today? 12 A The standard overtime rate which I believe 13 is $21 an hour. 14 Q So you're here testifying to the facts that 15 you observed for the fee of $21 an hour; is that 16 correct? 17 A As is true with all times that I have 18 testified, yes. 19 Q And that is being paid by whom? 20 A At this moment in the time, the City of 21 Clearwater. 22 Q Now, on the date of the event that you just 23 discussed, your compensation was being paid by the 24 Church of Scientology, correct? 25 A Correct. 108 1 Q Now, the building that you referred to, is 2 that the what is sometimes known as the Coachman 3 Building? 4 A It could be, sir. 5 Q Okay. 6 A I don't usually work that area of the city. 7 Q Is this the one at the -- let's see, what 8 would that be, the southeast corner of Cleveland and 9 Ft. Harrison? 10 A Yes, sir. 11 Q And where you're talking about Ms. Bezazian 12 being is on the street or the sidewalk on the street 13 which is south of the parking lot behind that 14 building, right? 15 A Yep. 16 Q Okay. Where? 17 A It would be the alleyway. I don't believe 18 it has a name and it doesn't have a sidewalk, to the 19 east of that building. 20 Q So this is the alleyway that cuts through to 21 that, what is that, Garden? 22 A It could be. Can I refer to the map? 23 MR. MERRETT: Actually, I'm looking for 24 a copy of it, but you're welcome to. 25 THE COURT: Here it is right here. 109 1 That's is. 2 THE WITNESS: Yes. It's the alleyway 3 between Cleveland Street and Park Street. 4 BY MR. MERRETT: 5 Q Hang on a second. The alleyway between 6 Cleveland and where? 7 A Park Street, sir. 8 Q Okay. So this is running down the east side 9 of the building, right? 10 A Correct. 11 Q Now, if I understood your testimony 12 correctly, you didn't know any more about the 13 injunction than the protesters, did you? 14 A I'm sorry, what? 15 Q You didn't know any more about the 16 injunction than the protesters did, right? I mean, it 17 was news to you? 18 A I don't know what they knew. I only knew 19 what I had strictly reviewed in the document. 20 Q Well, didn't you just tell us that you told 21 them you didn't know any more about it than they did? 22 A That was a friendly statement on my part to 23 enhance our chance of communication. I don't know 24 what their personal knowledge of this document is. 25 Q But you were telling the truth, weren't you? 110 1 A I don't know. I believe I was. 2 Q Okay. So your knowledge of the injunction 3 was limited at best at that point, correct? 4 A It was limited did. 5 Q Okay. Now, who were these Scientologists 6 that delivered a copy of the injunction to you and who 7 explained to you where you were suppose to be watching 8 for? 9 A There were three of them. I only knew one 10 by name which was Tony. The other two I'd never met 11 before. 12 Q Tony what? 13 A I don't know Tony's last name. 14 Q Okay. Are any of those people in court 15 today? 16 A Tony is, yes. 17 Q Can you point him out by where he's sitting 18 and what he's wearing? 19 A I believe he's outside in the hallway. 20 Q Okay. You don't know his last name? 21 A No, sir. 22 Q Okay. Now, when you asked her to turn her 23 sign upside down she complied, right? 24 A Yes, sir. 25 Q Okay. And then after that I guess what I'd 111 1 like for you to do is -- may I approach the witness, 2 Your Honor? 3 A You may, sir. 4 Q You can compare this to the one that you 5 have there. I think that's the same map? 6 A Yes, it is. 7 Q That shows the Coachman Building? 8 A Yes, sir. 9 Q Can you mark on there in fact where she was 10 when you went to her the second time? 11 A Yes. 12 Q If you would please? 13 A If I could have a pencil, please? 14 MR. MERRETT: If I could approach again? 15 THE COURT: Come on. Yes, sir. 16 THE WITNESS: Thank you. 17 BY MR. MERRETT: 18 Q If you could just put an X wherever that 19 was? 20 A Yes, sir. 21 Q And when you went to her the second time and 22 she complied with your request? 23 A Yes. 24 Q What is it that you saw her doing at that 25 time? 112 1 A She had her sign in the upright position and 2 she was saying things to the passing by buses. 3 Q Where were the buses passing by? 4 A One of two places. They were either coming 5 out of the parking lot or they were actually driving 6 down the alley. 7 Q Okay. What was she saying to them? 8 A I don't recall at this time. I can tell you 9 that tit was nothing vulgar or gross. She was kind of 10 saying it in something louder than a talking voice, 11 she wasn't screaming, but it certainly audible from 12 probably 50 feet away. 13 Q If you would please, can tell us that just 14 what time of day this was? 15 A Daytime, maybe between noon and oneish. 16 MR. MERRETT: Okay. I have nothing 17 further of this witness. 18 MR. POPE: Your Honor, may I examine the 19 X mark that was put on the -- 20 THE COURT: Come forward. 21 (Whereupon, documents were reviewed.) 22 MR. MERRETT: I would tender it into 23 evidence but I don't want to lose it until 24 the end of the trial. 25 MR. POPE: I just want the court to see 113 1 it, Your Honor. 2 MR. MERRETT: I don't have any objection 3 to that. 4 (Whereupon, documents were reviewed.) 5 THE COURT: You want to tender it now? 6 It's your call. 7 MR. MERRETT: No, sir. I will hang on 8 to it and if somebody wants it. 9 THE COURT: We'll mark for ID purposed, 10 though. 11 MR. MERRETT: Okay. 12 THE COURT: So we know what we're 13 talking about. This is called -- I'm going 14 to call you Defendant Number One. 15 MR. MERRETT: That's by no means the 16 worst thing I've been called even recently. 17 THE COURT: Let's see, number one for 18 ID. 19 MR. MERRETT: May I approach counsel? 20 THE COURT: Come forward. 21 REDIRECT EXAMINATION 22 BY MR. POPE: 23 Q Officer, where you put the X here is where 24 she was standing on which event of the five encounters 25 that you had with her? 114 1 A It was probably three and four. 2 Q You said that the last one was the one that 3 you had difficulty getting her to comply with? 4 A The fourth one was one or the third and 5 fourth one was the one that was difficult to get her 6 to comply with. 7 Q And the X is where that occurred? 8 A Yes, sir. 9 MR. POPE: Thank you. 10 MR. MERRETT: Judge, I ask the court to 11 notice there is one thing I forget to ask. 12 THE COURT: You may. Go ahead. 13 RECROSS-EXAMINATION 14 BY MR. MERRETT: 15 Q Who made the annotations and marks on your 16 copy of the injunction where it says like Lisa 17 McPherson Trust and has parts underlined and things 18 like that? 19 A I did to refresh my memory for today's 20 activities. 21 MR. MERRETT: All right. Thank you, 22 officer. 23 MR. POPE: Nothing further. 24 MR. HOWIE: May it Please the Court if I 25 could -- 115 1 THE COURT: Mr. Howie, I'm sorry, I 2 didn't mean to cut you out of this. You may. 3 CROSS-EXAMINATION 4 BY MR. HOWIE: 5 Q Officer Butterfield, the picket sign that 6 you described held by Tory Bezazian, was this a 7 standard picket sign on a small picket or a stick? 8 A Yes. 9 Q All right. And when you instructed her to 10 turn the sign upside down, she complied with that? 11 A Yes. 12 Q And your purpose in having her turn the sign 13 upside down was so that by doing so she was not 14 protesting in the location where she was standing; is 15 that correct? 16 A My understanding of what they considered a 17 protest to be, if you hold the sign upside down she's 18 not protesting, so, yes. 19 Q And this was your understanding of the 20 purpose of the injunction after you had discussions 21 with members of the Church of Scientology? 22 A And after reading the documents, yes. 23 Q Okay. And as a result of both those things, 24 that was your own interpretation of this injunction? 25 A Correct. 116 1 MR. HOWIE: Thank you. No further 2 questions. 3 THE COURT: Mr. Pope? 4 MR. POPE: No further questions, Your 5 Honor. 6 THE COURT: Mr. Merrett? 7 MR. MERRETT: None, Your Honor. 8 THE COURT: May we excuse the officer? 9 MR. POPE: He may be as far as I'm 10 concerned. 11 MR. MERRETT: Yes, for our part. 12 MR. HOWIE: Yes, sir. 13 THE COURT: Sir. thank you. You're free 14 to go. Thank you very much. Mr. Pope, call 15 your next witness. 16 MR. POPE: Officer Linda Stverak. 17 Thereupon: 18 LINDA STVERAK 19 was called as a witness and having been duly sworn, was 20 examined and testified as follows: 21 DIRECT EXAMINATION 22 BY MR. POPE: 23 Q Ma'am, please state your name? 24 A Linda Joyce Stverak. 25 Q What is your occupation? 117 1 A Police officer with the City of Clearwater. 2 Q How long have you been a police officer? 3 A Almost 12 years. 4 Q I note you brought what appears to be a copy 5 of the injunction. I'd like to ask you, just don't 6 refer to it for the time being unless you need to for 7 your testimony? 8 A Yes, sir. 9 Q I want to call your attention to the date of 10 December 7, 2000? 11 A Yes, sir. 12 Q And ask you if you, while you were 13 performing your duties as a police officer had 14 exchanges with Tory Bezazian? 15 A I did. 16 Q And would you tell us about the first of 17 those? 18 A During the shift Officer Butterfield had 19 spoken to Tory. 20 MR. MERRETT: Objection. Competence. 21 BY MR. POPE: 22 Q Don't tell us what Officer Butterfield did, 23 just tell what you did. 24 A I stood by and listened. 25 Q Oh, you were present? 118 1 A Yes. 2 Q When Officer Butterfield spoke to her? 3 A I was. 4 Q Okay. And what did you do thereafter? Was 5 this on the December 7? 6 A I believe so. 7 Q All right. What did you do? 8 A I just hung out and listened to the 9 conversation. 10 Q I'm sorry. Did you discuss any of these 11 matters with Tory Bezazian on December 7, yourself? 12 A Yes, I did. 13 Q Tell us your discussion with her. 14 A Okay. Later on during my shift, Tory had 15 walked in front of the Clearwater Building with a 16 couple of picket signs in her hand. They were in the 17 upright position. She was walking from the building 18 which was an area which was covered under the 19 injunction as a place that she could not walk. 20 Q What did you do when you saw that? 21 A I made contact with her, spoke to for a few 22 minutes, asked her to not do that anymore and if she 23 was going to walk through the sidewalk area she needed 24 to put the signs in a downward motion and not upright, 25 because as an upright motion it appeared to me that 119 1 she was picketing. 2 Q All right. And what was her response to 3 that? 4 A She said okay. 5 Q All right. Did she comply with your 6 request? 7 A She did. 8 Q And did you have any additional encounters 9 with her on December 7? 10 A No, sir. 11 MR. POPE: All right. No further 12 questions. 13 THE COURT: You may inquire, 14 Mr. Merrett. 15 CROSS-EXAMINATION 16 BY MR. MERRETT: 17 Q The events that you've testified to occur on 18 December 7; is that right? 19 A I believe that was the date. 20 Q What is your regular assignment? 21 A I'm a patrol officer. I was working 22 midnight shift. 23 Q I'm sorry, you work midnights? 24 A Yes, sir. 25 Q Okay. And I assume then that these events 120 1 in seventh occurred during the day? 2 A Yes, it did. 3 Q You would have been working an off-duty job? 4 A That's correct. 5 Q And that was, your compensation was provided 6 by the Church of Scientology; is that correct? 7 A My compensation is given to us by the City 8 of Clearwater, but the Church pays the City of 9 Clearwater. 10 Q $21 an hour or thereabouts? 11 A I believe it's $23.50. 12 Q Okay. And was December 7 the first time 13 that you worked for the Church? 14 A No. I worked the Church several times last 15 year and I've already worked several times this year. 16 Q What's the total amount that has been paid 17 to you for working for the Church? 18 A This year I couldn't tell you yet, but last 19 year it was 1600-some odd dollars. 20 Q And you are not presently assigned to the 21 detective division; is that correct? 22 A I am not. 23 Q And why is it that you're not in uniform 24 today? 25 A I'm off duty. I'm not required to wear a 121 1 uniform to court. 2 Q Okay. And how are you being compensated for 3 your appearance here today? 4 A City of Clearwater. 5 Q Any reimbursement from the Church of 6 Scientology? 7 A A mileage fee of $20. 8 Q Now, you said at one point in your direct 9 testimony that you saw Ms. Bezazian passing I guess on 10 the Cleveland Avenue side of the Clearwater Bank 11 Building; is that right? 12 A The Ft. Harrison side. 13 Q Okay. What direction was she headed? 14 A In a south direction on the east side of the 15 roadway. 16 Q So she was between the Trust and the 17 Ft. Harrison Hotel? 18 A Yes. 19 Q On the Trust side of Ft. Harrison, right? 20 A Yes. 21 Q Okay. And was she in transit; was she 22 moving up until the time that you asked to speak to 23 her? 24 A Absolutely. 25 Q At any time she could have turned around and 122 1 headed back or walked a loop on the sidewalk, right? 2 A Absolutely. 3 Q Okay. But she didn't to that, right? 4 A Nope. 5 Q She was in continuous transit from the 6 direction of the Trust. Could I approach, Your Honor? 7 THE COURT: I'll just look at that 8 exhibit that you had. 9 MR. MERRETT: I can give it back to you. 10 THE COURT: I'm just trying to follow 11 her testimony, that's all. 12 MR. MERRETT: I don't think that's on 13 the map, but maybe it is. 14 THE WITNESS: I have a copy of the map, 15 Judge. 16 THE COURT: Well, we've got one we're 17 using. Just a minute and let me see if I can 18 get that one and sort of make it because the 19 Bank of Clearwater is on there and the 20 Ft. Harrison on there, I think. Let's see 21 what she IDs. 22 MR. MERRETT: If you can pass it over 23 her? 24 THE COURT: Yeah, here. There is an X 25 on there, but you called it the Clearwater 123 1 Building. Whare are you referring to? 2 THE WITNESS: It's this one right here, 3 sir. 4 THE COURT: Show me? 5 THE WITNESS: Yes, sir. This is 6 Cleveland Street here. 7 THE COURT: Right. 8 THE WITNESS: And this is Ft. Harrison. 9 THE COURT: Right. 10 THE WITNESS: And she was walking in 11 that area. 12 THE COURT: Okay. Let the record 13 reflect that she showed me the building 14 that's called the Clearwater Building on this 15 map and she pointed to the general area on 16 the -- headed south. Well, actually it's on 17 the northeast corner of Cleveland and 18 Ft. Harrison intersection. And she pointed 19 the general area of headed south on the 20 south -- well, that northeast corner about 21 maybe 20 feet north of the corner of the 22 building. 23 MR. MERRETT: Yes, sir. 24 THE COURT: Do you mind if I ask her to 25 put an X there? 124 1 MR. MERRETT: No, that would be fine, 2 Your Honor. I gave her a pen, I think, or 3 somebody did. 4 THE COURT: Just put an X there and I'll 5 put a yellow arrow there where she indicated. 6 Can you put your initials there? 7 THE WITNESS: Yes, sir. 8 THE COURT: Thank you very much. 9 Mr. Pope, did you want to look at that? 10 MR. POPE: That's fine. I'm all right. 11 Thank you. 12 THE COURT: Okay. 13 BY MR. MERRETT: 14 Q Officer, we were talking about what you had 15 done and I believe your testimony was she was in 16 transit continuously moving south along Ft. Harrison 17 Avenue, correct? 18 A That's correct, sir. 19 Q And when she stopped, was it when you told 20 her you needed to speak to her or however you 21 approached her, right? 22 A That's correct, sir. 23 Q Okay. Now, in your direct testimony you 24 mentioned at one point there being an area or areas 25 indicated on the map where she could not walk. There 125 1 is not any areas on the map that people can't walk, 2 are there? 3 A Picket, I'm sorry. 4 Q So, the issue is not where she was walking 5 as far as you're concerned and as far as you were 6 concerned back on December 7. The issue is where she 7 was picketing, right? 8 A That's correct. 9 Q Okay. And you asked her to put her sign 10 down and she did? 11 A Yes, sir. 12 Q Okay. And did she then continue on south 13 along Ft. Harrison or where did she go? 14 A She did. 15 THE COURT: Okay. 16 MR. MERRETT: I don't believe I have 17 anything further. 18 THE COURT: Okay. Let's do this. 19 Mr. Howie, do you want to go next? 20 MR. HOWIE: Yes, and I just have a few 21 questions. 22 THE COURT: Go ahead. 23 CROSS-EXAMINATION 24 BY MR. HOWIE: 25 Q Officer, when you had this encounter with 126 1 Tory Bezazian, you were in uniform, correct? 2 A Yes, sir. 3 Q And you observed that Officer Butterfield 4 was also in uniform when we had his discussion with 5 her, correct? 6 A Correct. 7 Q And in your discussions with Tory Bezazian 8 you indicated to her that there was no problem with 9 her being where she was as long as she turned her 10 picket signs down; is that correct? 11 A What I told her was if she going to continue 12 down the street with the picket signs she would have 13 to turn them upside down. 14 MR. HOWIE: Thank you very much. 15 THE COURT: Yes, sir. Mr. Pope? 16 REDIRECT EXAMINATION 17 BY MR. POPE: 18 Q I don't have any further questions. Oh, I 19 do have one question. Did you prepare a report of 20 this incident? 21 A I did, sir. 22 MR. POPE: Thank you. 23 THE COURT: Anything else? Can we 24 excuse the officer? 25 MR. POPE: Sure. 127 1 THE COURT: Officer, thank you coming in 2 and testifying. You're free to leave. Thank 3 you. 4 MR. POPE: Officer Harbert will be our 5 next witness. 6 THE COURT: Okay. 7 MR. POPE: Your Honor, while they're 8 calling Officer Harbert I'd like to offer 9 into evidence a certified copy of her police 10 report. 11 THE COURT: Any objection? 12 MR. MERRETT: Yes, Your Honor. 13 THE COURT: Tell me. 14 MR. MERRETT: Hearsay. 15 MR. HOWIE: I would join in the 16 objection, Your Honor. 17 MR. MERRETT: In case we've missed the 18 point that the court's made the last time we 19 were here, this is a criminal proceeding. 20 THE COURT: Uh-huh. Mr. Pope. 21 MR. POPE: Your Honor, it is an official 22 record certified by the police. It's 23 admissible under the Florida Evidence Code. 24 It's an official record of a government 25 agency. 128 1 (Whereupon, a pause in the proceedings took 2 place.) 3 THE COURT: Mr. Merrett, do you have a 4 case to cite me? 5 MR. MERRETT: No, Your Honor. What I 6 would like to do is tell you what my copy of 7 the evidence code says. 8 THE COURT: Please proceed. 9 MR. MERRETT: That's section 90.303(8). 10 THE COURT: Hold on. Let me catch you. 11 All right. I'm with you, sir. 12 MR. MERRETT: Yes, sir. It says here 13 records, reports, statements reduced to 14 writing or data compilations in any form of 15 public offices or agencies setting forth the 16 activities, etcetera, or matters observed 17 pursuant to a duty imposed by law as to 18 matters which there was duties to report 19 excluding in criminal cases matters observed 20 by a police officer or other law enforcement 21 personnel are admissible under the public 22 records exception of the hearsay rule and I 23 mean there is another evidence code book 24 around out there but that's what mine says. 25 THE COURT: Mr. Pope, sir. 129 1 MR. POPE: I have nothing further to 2 add, Your Honor. 3 THE COURT: Okay. The objection is 4 sustained. Call your next witness. 5 MR. POPE: Officer Harbert. 6 Thereupon: 7 LARRY HARBERT 8 was called as a witness and having been duly sworn, was 9 examined and testified as follows: 10 DIRECT EXAMINATION 11 BY MR. POPE: 12 Q Tell us your name, please, sir? 13 A Larry Harbert. 14 Q And your address? 15 A 645 Pierce Street. 16 Q And your occupation? 17 A Police officer. 18 Q You've been a police officer for how long? 19 A Going on 11 years. 20 Q With what city? 21 A City of Clearwater. 22 Q I want to call your attention to the date of 23 December 8, 2000 and ask you if on that date you had 24 any contact with Tory Bezazian? 25 A Yes, I did. 130 1 Q And would you tell us about the first 2 contact you had with her? 3 A I was advised by the security for the Church 4 that Tory and believe it was Patricia Greenway were in 5 the area of the Santa chair taking turns sitting in 6 the chair, which was located in front of the 500 7 Building on Cleveland Street. 8 Q What action. if any. did you take? 9 A I spoke with them and told them based on my 10 interpretation of the injunction that they possibly 11 could be in violation and told them they needed to 12 discontinue the action and that I would be writing a 13 report on what had happened. 14 Q What response did you get from them? 15 A I was told basically that it's 16 Christmastime, it is a Christmas parade and that they 17 were just in the Christmas spirit of taking pictures 18 sitting in the chair. 19 Q Did they comply with your request? 20 A They left after I told them it would be best 21 based on circumstances of the violation of the 22 injunction possibly so they did leave. 23 Q Did you have any other encounters with 24 either one of them on that day? 25 A Earlier in the day Tory was by the -- there 131 1 was a camera that's adjacent to the properties at the 2 end of 500 at the north side of Waterson and she was 3 by the camera and had some kind of pole waving it in 4 front of the camera and we went up myself and I 5 believe it was Officer -- 6 MR. MERRETT: I'm going to object at 7 that point and move to strike for relevance. 8 I'm sure counsel can refer to the section of 9 the order to show cause that deals with this 10 incident if it's relevant. 11 MR. POPE: I haven't heard enough of the 12 testimony to know yet, Your Honor. I'm sure 13 the court can disregard it if it turns out 14 that it's not pertinent to the order to show 15 cause. 16 MR. MERRETT: Judge, I hate to be a 17 pill, but customarily when people practice 18 law, they kind of have an idea of what 19 evidence we're going to present and we don't 20 make others people -- 21 THE COURT: Attorneys, approach the 22 bench. 23 (Thereupon, the following proceedings were 24 had out of the presence of the audience:) 25 THE COURT: Gentlemen, I have the 132 1 injunction in front of me. He said that he's 2 relying on the injunction on the he, listed 3 paragraph, the part of the injunction. 4 Now, let me do something just a minute. 5 Okay, you said Ms. Bezazian violated 6 paragraph one, two and eleven. I note that 7 last sentence says that are enjoined from 8 any criminal acts of harassment, violence in 9 may fall under that. 10 MR. MERRETT: Your Honor, if I may, the 11 issue is not where it falls in the statement 12 of particulars or anything else. The issue 13 is what acts are charged according to the 14 order to show cause which occurred involving 15 camera on December 8. This is like charging 16 a breach of the peace that occurred on June 5 17 in Clearwater and then coming in and wanting 18 to put on all this evidence about somebody 19 drinking a beer in a park in St. Petersburg 20 on June 12. 21 There is nothing in the order to show 22 cause that deals with the incident this 23 officer is about to describe and counsel 24 knows that. 25 MR. POPE: Your Honor, the respondent's 133 1 state of mind and the attitude toward this 2 injunction and complying with it is if this 3 is a willful violation is at issue in this 4 matter and any incident that shows that that 5 state of mind is pertinent. 6 MR. HOWIE: Your Honor, if I may? 7 THE COURT: Yes, sir. 8 MR. HOWIE: It seems to be a violation 9 of another provision 90.404(2)(b) of the 10 Florida Statutes. 11 THE COURT: 90 what? 12 MR. HOWIE: 90.404(2)(b) of the Florida 13 Statutes. 14 THE COURT: 90.404(2)(b)? 15 MR. HOWIE: Yes, sir. No notice was 16 provided to us concerning the use of this 17 matter to show state of mind or any other 18 matter. We would object on both the grounds 19 of relevance and violation of notice. 20 MR. MERRETT: And I would joint in that. 21 I think that's the Williams Rule, Judge. 22 MR. HOWIE: I would add that there is no 23 notice in the motion for the order to show 24 cause or the order to show cause itself. 25 MR. POPE: Your Honor, this is not a 134 1 jury trial and you're certainly free to 2 disregard the matter if you think it 3 ultimately does not go to the intent issue. 4 MR. MERRETT: That's reference to a case 5 that I have been looking for for years that 6 the evidence code doesn't apply unless 7 there's a jury in the room, but I've never 8 seen -- 9 THE COURT: Proceed. Go on. Just a 10 minute. Hey, hey, come here. Inasmuch as we 11 are under the criminal rules, I will sustain 12 them. Move on. 13 (Thereupon, the sidebar conference was 14 concluded and the following proceedings were had 15 in the presence of the audience:) 16 BY MR. POPE: 17 Q Officer, let me go back to the initial 18 incident that you testified about the sitting in the 19 chair. Where was that chair located? 20 A The chair was located directly in front of 21 the what I would consider to be the front door of the 22 building. 23 Q The entranceway? 24 A On the north side, yes. 25 Q On Church property? 135 1 A I would say, yes it's a -- 2 MR. MERRETT: Objection. Competence. 3 Move to strike. 4 BY MR. POPE: 5 Q You were getting ready to say was it was 6 under the overhang? 7 A Under the overhang of the front door. 8 MR. MERRETT: Okay. 9 MR. POPE: Now, Your Honor, that's all I 10 have as to this particular episode. I want 11 to shift -- he has some facts relative to the 12 other motion. Perhaps counsel wants to -- 13 THE COURT: You talking about Greenway? 14 MR. POPE: No, there is a separate 15 motion dealing with the -- we got two 16 motions, orders to show cause. This 17 testimony so far has been only on the amended 18 consolidated order. 19 He also has information relative to the 20 order to show cause for an event on 21 January 7 on Waterson Avenue involving 22 Mr. Minton and three other people. 23 THE COURT: Okay. Proceed. 24 BY MR. POPE: 25 Q Fine. Let me direct your attention, please, 136 1 sir, to January 7. Where were you patrolling on that 2 day? 3 A I was working off duty at Waterson and 4 Cleveland and it was on Waterson at an area where we 5 stop traffic and assist the pedestrians as the exit 6 and enter buses to go to eat. 7 Q About what time of day was it? 8 A I don't recall the exact time. I would say 9 sometime around six o'clock. 10 Q Was it in the evening? 11 A Yes, sir. it was. 12 Q Had it started to get dark? 13 A Yes, sir. 14 Q Okay. Can you tell us what happened on this 15 date? First of all tell us who you had an encounter 16 with? 17 A Well, I had an encounter with Mr. Minton. 18 I'm not sure who else was there. I believe Tory was 19 there. 20 They had come down to protest in the 21 designated area in which they were allowed to protest. 22 They had their signs. 23 Myself and Officer Correa was standing in 24 that area because that's where we watch the vehicles 25 as the travel northbound on Waterson so we can stop 137 1 them in time to assist people as they're loading and 2 unloading the buses. And they began to protest there 3 and Mr. Minton was standing in the street. We asked 4 him to step out of the street. 5 Q What was his response? 6 A He became very agitated with us. He began 7 cursing at Officer Correa and myself and yelling 8 screaming that we were in violation of the injunction. 9 Q Did you he tell how it was that you were 10 violating this injunction? 11 A He said we were considered officers of the 12 Church. 13 Q Did he other elucidate as to how that 14 violated the injunction? 15 A He said the injunction states that all 16 officers of the Church are to stay away from him ten 17 feet and being that we were working for the Church as 18 a off-duty job that we were thus considered I guess on 19 his behalf he believed we were part of the Church. 20 Q How did this encounter between you and 21 Mr. Minton and the others resolve itself? 22 A We warned him several times that he needed 23 to step out of the street and that his carrying on 24 could possibly lead to disorderly conduct. He was 25 yelling and screaming and using profanities. 138 1 There was a number of people who were 2 unloading at the buses at the time and he was like 3 sitting in the street. Eventually we were able to 4 convince him to step back up off of the sidewalk. 5 MR. POPE: Okay. No further questions. 6 THE COURT: All right. I'm going to go 7 this way. Mr. Howie, you can go first. 8 MR. HOWIE: Your Honor -- 9 THE COURT: Mr. Minton is your client 10 and he's talking about Mr. Minton, so I will 11 give you first cross. 12 MR. HOWIE: Since the first part of his 13 testimony dealt with Tory Bezazian, which is 14 Mr. Merrett's client, I thought Mr. Merrett 15 might want to go. 16 THE COURT: Okay. I don't know. 17 Gentlemen, don't arm wrestle. Somebody get 18 up there. 19 CROSS-EXAMINATION 20 BY MR. MERRETT: 21 Q Yes, sir. All right. I'd kind of like to 22 refine and focus on your testimony about the events of 23 December 8 involving a Santa Claus chair. How long 24 you been about working out there for Scientology? 25 A I believe we've been out there about a year. 139 1 Q You have been out there off and on for a 2 period of approximately 12 months? 3 A Yes, sir. 4 Q Tell the court how many thousands of dollars 5 Scientology had paid you over that time? 6 A I believe I made $6700 this year. 7 Q $6,700? 8 A Yes, sir. 9 Q Okay. And you're paid that money in order 10 to inducing you to stand in particular places and 11 watch particular property, right? 12 A Whatever we're asked to do by the off-duty 13 contractor we do pursuant to our general orders and 14 state law. 15 Q Okay. Now, off-duty contractor, that means 16 in this instance Scientology, right? 17 A Correct. 18 Q Okay. So you were paid $6700 in the last 12 19 standing where Scientology wanted you to stand and 20 watch out for what they wanted you to watch out for, 21 right? 22 A Correct. 23 Q Okay. So, for example, based on what your 24 instructions have been during that 12 month period, 25 you wouldn't for example be down at the Walgreens 140 1 three blocks away watching for shoplifters, right? 2 A Right. 3 Q Okay. What you're doing is protecting 4 Scientology's interest at their request, correct? 5 A Correct. 6 Q Now, how long had the Santa Claus chair been 7 there as of December 8? 8 A I don't know. I didn't set up Santa's 9 chair. 10 Q Okay. Well, interestingly, I didn't ask you 11 if you set it up. I asked you how long it had been 12 there? 13 A I don't know. 14 Q Okay. Was that the first time that you saw 15 it there? 16 A First time that I paid attention to it, yes. 17 Q Is it correct that prior to December 8 when 18 you we're alerted by members of Scientology that you 19 had made no notice of Santa's chair? 20 A Like I said originally, no, I not notice it. 21 Q Okay. Now, you testified on direct 22 examination that you advised Ms. Bezazian and 23 Ms. Greenway that sitting in the chair might possibly 24 be a violation of the injunction? 25 A That's correct. 141 1 Q You didn't accuse them of any crimes, did 2 you? 3 A I didn't accuse them of anything, no. 4 Q Did you mention any criminal activity? 5 A I said that it could be a possibility of an 6 injunction violation. 7 Q Okay. Did you mention any crimes apart from 8 the injunction? 9 A No. 10 Q Now, so the record is clear, you have a 11 clear recollection of this, right? 12 A Sure. 13 Q And is it correct that all of your 14 references to Ms. Bezazian and Ms. Greenway regarding 15 violations of the injunction were couched in terms of 16 possibility and hypothesis and your opinion, right? 17 A Correct. 18 Q Okay. Now, you did tell them repeatedly 19 that they needed to read the injunction, didn't you? 20 A Rephrase that. I didn't understand. 21 Q You did tell them repeatedly they needed to 22 read the injunction? 23 A Make sure they understood it, correct. 24 Q Now, there was in fact a Christmas parade 25 that night, right? 142 1 A Yes, there was. 2 Q And I assume that given that you were 3 investigating this potentially serious breach of 4 public peace and order you took the time to examine 5 Santa Claus' chair after they left, right? 6 A No need for me to examine the chair. 7 Q Okay, them you can tell me if you think 8 about it, I'm sure, was the was chair blocked in any 9 way? Was there an obstruction in the chair? 10 A Was there an obstruction? 11 Q Uh-huh. 12 A The chair was just sitting under the 13 overhang of the porch area by the entrance. 14 Q And you saw other people sitting in the 15 chair? 16 A I didn't pay attention to anyone else 17 sitting in the chair, no. 18 Q Okay. Let's make sure that your answer came 19 out clearly. You did not pay attention to anyone else 20 sitting in the chair? 21 A I did not notice them, no. 22 Q And the signs that said Warning, this is 23 Scientology's chair, don't sit in it, where were they 24 situated? 25 A I saw no signs to that effect. 143 1 Q And the OSA security operative who was 2 instructing that this was Scientology's Santa Claus 3 chair, where was he stationed? 4 A I don't know who you're referring to. 5 Q Okay. Well, there wasn't any such person 6 that you know of, right? 7 A I don't know who you're referring to, so 8 obviously no. 9 Q Okay. Now, Ms. Bezazian and Ms. Greenway 10 were walking east across the of the Clearwater Bank 11 Building when you turned and walked back to them to 12 discuss this matter with them, right? 13 A I believe so, yes. 14 Q And they didn't at any time approach you, 15 right? 16 A No. 17 Q Okay. After you had this discussion in 18 front of the Clearwater Bank Building, they walked 19 around the corner onto Waterson, right? 20 A I believe they did, yes. 21 Q And you followed them? 22 A That's where I normally stand on Waterson, 23 so, yes, I returned back to where I normally work. 24 Q Okay. You normally stand on the east side 25 of Waterson, right? 144 1 A Yes. 2 Q But as it happened what you did, although 3 you just told us that were just going back to where 4 you stood, you followed behind Md. Bezazian and 5 Ms. Greenway on the west side of Waterson? 6 A I don't recall which side of the street I 7 was on. 8 Q But the only reason you would have had to 9 going around the corner on to Waterson would have been 10 to resume your post on the east side? 11 A I will stand on whatever side of the street 12 I choose to stand on. 13 Q Okay. That would be because you're an 14 American citizen, right? 15 A Because I'm a Clearwater police officer and 16 I'm doing my job and I will stand where I want, yes. 17 Q Okay. Now can you give us an idea of what 18 it is that you had in mind as far as the portion of 19 the injunction that was violated by Ms. Bezazian's 20 behind being in Scientology's Santa chair? 21 MR. POPE: Objection, Your Honor. 22 That's the very legal question that's before 23 the court. 24 THE COURT: What do you say, 25 Mr. Merrett? 145 1 MR. MERRETT: I say the question is that 2 he already testified that he felt like that 3 might be a violation of the injunction. I'm 4 trying to get him to tell us what he thinks 5 she violated. 6 THE COURT: Okay. He can answer, but 7 the ultimate decision is mine. 8 MR. MERRETT: I understand, Your Honor. 9 THE WITNESS: Base on what I've been 10 told by our supervisors and the way I 11 understand it is that there is designated 12 protesting zones and there is also protested 13 that are the named parties on both sides have 14 to remain away from the entrances of the 15 buildings and I took that as an entranceway 16 to a building. 17 BY MR. MERRETT: 18 Q Okay. We'll talk about that in just a 19 second, but I want to make sure I clearly understand 20 your understanding. You're out there supposedly 21 enforcing the law, right? 22 A Yes. 23 Q With the impression that this court order 24 prohibits people who are named in the injunction from 25 going around the entrances of Scientology property, 146 1 period? 2 A Correct. 3 Q Okay. Have you read the injunction? 4 A I've been through the injunction. I haven't 5 read it word-for-word. 6 Q Now, the entrance that you're talking about, 7 I want you to look at the judge and tell him the last 8 time you saw people going in and out of those doors? 9 A I normally don't view that doorway because 10 it's on the other side, so I couldn't tell you. 11 Q Okay. That doorway is normally closed, 12 right? 13 A Like I said, I normally do not stand in that 14 area to maintain who goes in and out. 15 Q Let's focus on something you may have seen 16 this night because of the chair caper. The chair was 17 blocking the door, wasn't it? 18 A The chair was in that vicinity, yes. 19 Q Well, was it six feet to the right of the 20 door? 21 A I didn't measure it. I didn't have a tape 22 measure. 23 Q Was it off to the right of the door? 24 A It was somewhat in front of the center of 25 the doorway. 147 1 Q Okay. So the chair was blocking the 2 doorway? 3 A I don't know if you could open the doors ot 4 not. Like I said, I didn't have a tape measure to 5 measure how wide the doors were. 6 Q Okay. Now, the next thing I'd like for you 7 to do is give us the names of just physical 8 descriptions of the people who were trying to come and 9 go through that door when Ms. Bezazian was sitting in 10 the chair? 11 A There was nobody at that time. 12 Q Okay. Did you have any further discussion 13 or confrontation with Ms. Bezazian or her companions 14 after they went around the corner onto Ft. Harrison 15 Street? 16 A No, not that I recall. 17 Q But you do have a clear memory of this, 18 right? 19 A Yes. I have a memory of what happened but I 20 don't recall if we had any more confrontations. I 21 don't remember it verbatim. 22 Q Well, I'm not asking you to tell me about it 23 verbatim. Let's be clear on the question. The 24 question is not what did you day. The question is did 25 you have further confrontation or discussion after 148 1 they turned the corner onto Waterson? 2 A Like I said, I don't recall having anymore 3 further conversation. 4 Q But according to you, you do have a clear 5 memory of that event? 6 A Yes. 7 Q Now, I assume that before you received a 8 certificate to engage in the profession which you 9 presently pursued, you had to go to the police 10 academy, right? 11 A Yes, I did. 12 Q Okay. And one of the things that they teach 13 in great length in the police academy is 14 constitutional law, right? 15 A They teach law, yes. 16 Q Okay. So, of course, you're familiar with 17 the constitutional issues surrounding whether or not 18 screaming and yelling are breaches of the peace and 19 disorderly conduct, right; you know that? 20 A Correct. 21 Q Okay. So, if you made any promises or 22 threats or suggestions inconsistent with that law, you 23 did it deliberately? 24 A I would not deliberately violate the law. 25 Q Okay. My question is this. You told us 149 1 that you're familiar with the law regarding screaming 2 and yelling and whether or not that's a breach of the 3 peace and disorderly conduct, right? 4 A I'm familiar with that. 5 Q Okay. If you make threats to Mr. Minton and 6 to people with him that's not supported by that law 7 that you know, you did it deliberately, right? 8 A Sir, I didn't threaten anybody. 9 Q Okay. Okay. Now, when Mr. Minton was 10 coming down the street headed south on Waterson, you 11 say he went out into the street, correct? 12 A Yes. 13 Q Okay. Describe the oncoming traffic on 14 Waterson Street? 15 A There was buses and vans and cars. 16 Q Let me try to refine it for you. Let me 17 point out I started out when he was walking down the 18 street. I'm not asking you globally what traffic may 19 be there at any begin moment since the dawn of 20 creation. I'm asking what the oncoming traffic was 21 when he was walking down the street? 22 A I could not describe the exact vehicle. 23 Like I said, that's a loading zone there with Church 24 buses and Church vans. 25 Q There were Church buses? 150 1 A In that area. I don't know when -- if they 2 were exactly there when he started out of his doorway 3 or when he got to that position. 4 Q No, the fact is nothing came down the street 5 moving while he was in the street, correct? 6 A I don't know if they did or not. I was 7 paying attention to him. 8 Q Okay. So you're not testifying that there 9 was any traffic block? 10 A There were vans in that area during that 11 time to the best of my knowledge, yes, there was a bus 12 there. 13 Q Parked beside the road? 14 A What came through at that time, I don't 15 know. 16 Q Okay. And the -- you ended up standing 17 pretty close to Mr. Minton, didn't you? 18 A Yeah, we stood close to each other, yes. 19 Q And the other officer who was with you, 20 what's his last name? 21 A Correa. 22 Q How is it spelled? 23 A I don't know. 24 Q What are his initials? 25 A I think it's Steve, S. 151 1 Q Now how did it come to pass that you and 2 Officer Correa and Mr. Minton were standing in 3 proximity to one another? 4 A We asked him to get out of the street. 5 Q Okay. And the sound waves of his voice 6 pulled you out toward him? 7 A It's where I stood to talk with him. He was 8 in the street and I stood there to ask him to step 9 back up on the sidewalk. 10 Q Okay. Let me back up and go through this 11 slowly. My question is what was the sequence of 12 events that caused you and Officer Correa to find 13 yourselves in the immediate proximity to Mr. Minton? 14 A Like I said, Mr. Minton was standing in the 15 street. 16 Q And what did you do? 17 A I told him to step up on the sidewalk 18 because he could not stand out there and yell and 19 scream. 20 Q Then what happened? 21 A Then he complied. 22 Q Okay. Did you change your position after 23 the first time that you or Officer Correa said 24 something to him about getting out of the street? 25 A Did I change my position? 152 1 Q Did you move after the first direction to 2 get out of the street was given? 3 A I believe Officer Correa spoke with him 4 first and then I walked into the street and asked him 5 to step on to the sidewalk. 6 Q At what point in all this did Mr. Minton 7 stop moving? 8 A He moved the entire time. 9 Q So he was in transit down the street 10 throughout this event? 11 A Well, he would stop on occasion. 12 Q Uh-huh. And at the time that you're 13 describing he was stopped because and Officer Correa 14 were talking to him, right? 15 A He was more or less yelling at us. 16 Q Uh-huh. And that means what? 17 A That's what he was doing. You asked what he 18 was doing. That's what I'm telling you. 19 Q Okay. In fact, first Officer Correa and 20 then you left the position where you had been standing 21 and walked out in the street so that you were 22 essentially in Mr. Minton's face, correct? 23 A No, I was telling Mr. Minton to get out of 24 the street. 25 Q Okay. Let's back up and I will ask you a 153 1 question and you listen to it and answer the one I'm 2 asking you, if you don't mind? 3 A I just answered your question. 4 Q The question is this. In fact, first 5 Officer Correa and then you left the position that you 6 occupied and traveled into the street to place 7 yourselves nose to nose with Mr. Minton, right? 8 A We don't occupy any position. I can walk 9 anywhere I like to on that street and so, yes, I 10 walked over to Mr. Minton and told Mr. Minton to step 11 out of the street and back on to the sidewalk. 12 Q Is that all that you said? 13 A That's all I recall saying, yes. 14 Q Was there any other subject matter that you 15 discussed with him? 16 A Not that I recall, no. 17 Q Was there any other subject matter that 18 Officer Correa discussed with you? 19 A I didn't talk to him. Officer Correa did. 20 You'll have to ask him. 21 Q Okay. Well, let's explore that. I'm going 22 to start walking toward you and you tell the judge 23 when I'm as far away from you as Officer Correa was 24 when he said these things that I'm going to have to 25 ask him about? 154 1 A I'd say in that vicinity. 2 Q Okay. And you have good hearing 3 bilaterally? 4 A My hearing is fine. 5 Q Okay. And you have a clear recollection of 6 these events? 7 A Roughly, yes. 8 Q Now, the fact of the matter is Mr. Minton 9 did not approach you and Officer Correa, right? 10 A He did approach us because we were standing 11 there and that's the area he worked so he did come to 12 us. 13 Q Okay, walking down the street? 14 A Sure. 15 Q Okay. You and while you may not think you 16 have a position and it is a free county. You have a 17 position, right now. You're sitting in the chair in 18 the witness stand. 19 A Very good. 20 Q You left from the place where you were 21 standing, first Officer Correa and then you and walked 22 out into the street to place yourself within inches of 23 Mr. Minton; isn't that correct? 24 A No, I would tell him -- yes, that is 25 correct. 155 1 Q Thank you. 2 A Tell him to get back on the sidewalk. 3 Q Okay. So the physical proximity was the 4 result of your and Officer Correa's decision to step 5 out into the street? 6 A No, for him standing in the street yelling 7 and screaming. If he wouldn't have done it I would 8 have never had to make contact with him. 9 Q Okay. And the basis for your interest in 10 what you were doing was what? 11 A Safety to the public. 12 Q Okay. And the public consisting of whom? 13 A Consisting of everybody; Mr. Minton and the 14 church members. 15 Q Okay. And which church members? 16 A Whoever might be coming and going at that 17 time. 18 Q Okay. But you've already told us that there 19 might not have been any? 20 A There was Church security there. I don't 21 recall who all was standing there. 22 Q Well, the Church security was there because 23 the Church security was videotaping all of this and 24 walked out to the scene of this confrontation, right? 25 A I believe they walked away from Mr. Minton 156 1 so they wouldn't be in violation of the injunction the 2 way I understand it. 3 Q Interesting. You don't remember the OSA 4 security guard coming out into the street with his 5 video camera to videotape you and Officer Correa 6 shaking your fingers at Mr. Minton? 7 A I didn't shake my finger at nobody. 8 Q Officer Correa did, right? 9 A Better watch the videotape. I didn't shake 10 my finger at anybody. If you're going to give me a 11 question, give me a true one. 12 Q Okay. So, I guess at this point based on 13 your last answer we can assume that you have watched 14 the videotape recently enough so that anything you say 15 that differs from it is a knowing difference, right? 16 A I didn't watch the videotape. 17 Q Okay. That just sprung to mind? 18 A What's that? 19 Q That just spring to mind? 20 A I know I didn't shake my finger at 21 Mr. Minton. 22 Q Okay. Officer Correa did, right? 23 A I don't know what Officer Correa did. 24 Q How close did you come to Mr. Minton? 25 A How close did he come to me? 157 1 Q How close did you come to Mr. Minton? 2 A We were within inches. 3 Q Any particular reason for that? 4 A No. 5 Q Just talking you need to be physically close 6 to him? 7 A No, I was actually asking him to get off the 8 street which is what normal citizens normally do when 9 they're asked to do so by the police and he continued 10 to stand there and yell. 11 Q Okay. But of course at that point Officer 12 Correa was standing immediately in front of them, four 13 square, right? 14 A At that point in time I don't know where 15 Officer Correa was. That's when I was talking with 16 Mr. Minton. 17 Q Okay. Let's make sure we're real clear on 18 what you're saying. You're saying at the time you 19 were standing within inches of Mr. Minton talking to 20 him, you don't know where Officer Correa was? 21 A I don't know directly, no. 22 Q Okay. So the answer is you don't know where 23 he was? 24 A He was in the vicinity. I don't know if he 25 was behind me, to the right, to the left. 158 1 Q Okay. But you do have a clear recollection 2 of all this? 3 A Like I said, I wasn't worried about what 4 Officer Correa was doing at that time. 5 Q You don't watch for you partner when their 6 in a confrontation with somebody who's raising hell? 7 A I didn't think I was in a confrontation. 8 Q You didn't? 9 A No. 10 Q Okay. Did you not tell me moments ago that 11 Mr. Minton was agitated, that he was screaming and 12 yelling? 13 A He was yelling at me, but I didn't see the 14 problem -- there was no confrontation on my part. He 15 was yelling and screaming. 16 Q Okay. And have you read that you're able to 17 recall the portion of the injunction that prohibits 18 walking in the street? 19 A Like I said, for public safety I was asking 20 him to step on to the sidewalk. 21 Q Okay. But his is hypothetical public 22 safety, right? 23 A Anything could happen. I don't want him 24 standing out in the street and get hit by a car. 25 Q Okay, and of course the other thing was that 159 1 like if a grain of sand were to fall like in a 2 cartoon -- 3 A Yes, anything is possible. 4 Q Okay. Now, who was the Scientology security 5 guard present that night? 6 A I believe that was Anthony; known to me as 7 Antonio. 8 Q Antonio who? 9 A I don't know his last name. 10 Q Now, ordinarily when people who are believed 11 associated with Lisa McPherson Trust come and go down 12 Waterson Avenue, whatever security guard that's on 13 duty makes a call on his radio or phone, right? 14 A I don't know what they do with their 15 policies. It's not my policy. 16 Q Okay. Let me back up again and tell you I 17 didn't ask anything about the policy. What I asked 18 you was it is correct, is it not, that the people who 19 are believed to be affiliated with the Lisa McPherson 20 Trust come and go down Waterson Avenue, whatever 21 Scientology guard is stationed down there near you, 22 pick up a telephone or radio and make a call, right? 23 A They normally talk on the radios quite 24 often, yes. 25 Q Okay, and they normally do that among other 160 1 times in specific conjunction with the appearance of 2 people who are believed to be affiliated with the 3 Trust, right? 4 A That has happened in the past. 5 Q Okay. Who is it they're calling? 6 A I have no idea. 7 Q Okay. If I correctly understand the sum of 8 your testimony, it is that Tory Bezazian sat in 9 Scientology's Santa chair, right? 10 A That is correct. 11 Q And Bob Minton walked in the street and 12 yelled at you? 13 A That is correct. 14 MR. MERRETT: The public thanks you. 15 THE COURT: Thank you. 16 MR. POPE: Your Honor -- 17 THE COURT: Time out. Mr. Howie. 18 MR. HOWIE: May it please the court, 19 I'll reserve cross until after Mr. Pope's 20 motion. 21 MR. POPE: Your Honor, Mr. Merrett just 22 made a totally gratuitous comment, the public 23 thanks you or something like that. I wonder 24 if we could just raise the level of the 25 examination in the room just a little bit. 161 1 That's uncalled for. 2 THE COURT: The answer to your question 3 is yes and I've noticed that might have a 4 bearing on the emptiness of one's stomach. 5 I'm well aware that we're into the lunch 6 hour, but I would like to finish up with this 7 officer we can and I'm going to ask everybody 8 until you can get something to eat, don't try 9 my patience. 10 Mr. Howie, you're next. 11 CROSS-EXAMINATION 12 BY MR. HOWIE: 13 Q Officer Harbert, have you had the 14 opportunity view the videotapes taken either during 15 the incident that you described with Tory Bezazian or 16 with Mr. Minton? 17 A I have not completely viewed the videotape, 18 no. 19 Q When you say you have not completely viewed 20 them, have you viewed portions of them? 21 A I seen a fragment just to know that they had 22 the videotape. That's it. I didn't pay any attention 23 to what was on the videotape and did not watch them. 24 Q Under what circumstances did you see the 25 fragment? 162 1 A I don't recall. I believe someone had it. 2 I know it was turned over to the department, the 3 police department. I don't remember if someone had it 4 on their camera. It might have been on security's 5 camera. I don't recall that. 6 Q What specific instant do you recall viewing 7 the fragment of? 8 A All I see is Mr. Minton in confrontation 9 with me, but it had no audio and like I said it was 10 maybe two seconds worth. I didn't watch anymore. 11 Q This would be the incident that you 12 described in Waterson Street the night of January 7? 13 A That would be correct. 14 Q And the small fragment that you did see 15 fairly and accurately depicted the incident as you 16 recall it? 17 A Yes, sir. 18 Q Did you also see any portion of the 19 videotape -- well, let me back up with a predicate. 20 Were you aware that during your discussion with Tory 21 Bezazian on December 8, 2000, that you and she were 22 being videotaped at that time? 23 A No, I was not. 24 Q You did not observe a video camera to you? 25 A No, I did not. 163 1 Q Did you ever have an opportunity to view 2 later on any segment of the videotape of that 3 incident? 4 A Yes, I did. I seen some video of, I believe 5 she was leaving the chair and I was walking up to her. 6 Like I dais, I don't believe I watch the whole video, 7 just a very short fragment of the video. 8 Q Okay. From what little you saw of the 9 fragment of the video do you have reason to believe 10 that that was taken from either a handheld or a fixed 11 camera? 12 A I could not tell. I couldn't be positive 13 how it was taken. 14 Q Okay. From what you observed of that 15 fragment, could you tell whether the incident was 16 filmed at a fairly close range, by which I mean say 17 within 20 feet as opposed from across the street? 18 A No, it was from a distance. 19 Q Okay. Again, under what circumstances did 20 you review that videotape? 21 A There was a copy that was placed in the 22 property, and like I said, I don't recall if I also 23 viewed through my department or it might have been 24 that security had a copy of the tape. I believe is 25 was through the Church security. 164 1 Q How exactly did you come to view this will 2 segment? 3 A I think we took that inside and watched it 4 inside the recorder just to see if it was what had 5 taken place. 6 Q When you say we, who is -- 7 A The security for the Church. 8 Q So you were shown this by security from the 9 Church? 10 A Yes, I was. 11 Q And this was during the course of your 12 employment as security for the Church? 13 A I'm employed by the City of Clearwater. We 14 subcontract with the church; that is correct. 15 Q Okay. During your subcontract work for te 16 church? 17 A Correct. 18 Q Likewise, both during these confrontations 19 on the December 8 with Tory Bezazian and again on 20 January 7 with Robert Minton, you were in fact 21 employed in your subcontract capacity? 22 A Yes, sir. 23 Q You indicated to Mr. Minton on the Waterson 24 Street incident on January 7 that he was subject to 25 arrest for disorderly conduct; is that your testimony? 165 1 A I don't recall ever saying that to this him, 2 no. 3 Q You did not indicate to him at anytime that 4 he was subject to arrest? 5 A No, I did not tell him he would be arrested. 6 Q And did you ever inform him that his actions 7 constituted disorderly conduct in violation of state 8 law? 9 A I don't recall if I ever told him that he 10 was violating at that time. If he was violating I 11 would have charged him accordingly and I didn't. 12 Q And you would have been able to charge him 13 accordingly in your capacity as a Clearwater police 14 officer? 15 A If he was violating the law, yes. 16 Q Okay. In fact you did not do that? 17 A Correct. 18 Q And Mr. Minton was not taken into custody. 19 He was free to leave at that time? 20 A Sure, he was. 21 Q Mr. Minton complied with your direction to, 22 eventually complied with your direction to go back and 23 stand on the east sidewalk of Waterson? 24 A Yes, he did. 25 Q At that time Mr. Minton did not have any 166 1 kind of picket sign or protest sign in his hand, did 2 he? 3 A They had signs. I don't recall if he was 4 holding one at the time or not. 5 Q From what you saw of the videotape, had 6 Mr. Minton held a picket sign, that videotape would 7 have depicted it? 8 A It should have. 9 Q Did Mr. Minton -- at any time when you 10 observed Mr. Minton that night, not just in the street 11 but on the sidewalk, did Mr. Minton appear to have a 12 picket sign in his hands to your recollection? 13 A I do not recall that. 14 Q Did you have any further contact with 15 Mr. Minton on January 7, that evening, other than this 16 incident that you've just described? 17 A Nope. 18 MR. HOWIE: Thank you. I don't have any 19 further question? 20 THE COURT: Mr. Pope. 21 REDIRECT EXAMINATION 22 BY MR. POPE: 23 Q Officer, you described the situation in 24 which you and Mr. Minton were in close proximity and 25 that he was yelling at you; is that correct? 167 1 A Yes, he was. 2 Q Tell us what it was he said to you? 3 A I was using profanities and told us we were 4 working for the Church and we were church officers and 5 he just screaming and the whole thing was just -- 6 Q I mean what specifically did he say? Do you 7 remember the words he uttered? 8 A He was using the F-word and saying basically 9 to F the police, that we worked for the Church. 10 Q Okay. Did you consider that be fairly 11 insulting commentary? 12 MR. HOWIE: Objection, Your Honor. 13 Calls for a conclusion. Speculation. 14 THE COURT: Overruled. 15 THE WITNESS: Yes, I did. 16 MR. POPE: Thank you. That's all I 17 have. 18 THE COURT: All right. Can we excuse 19 the officer? 20 MR. POPE: We can. 21 MR. MERRETT: I have some brief recross 22 based on the matter that have just been 23 opened up. 24 THE COURT: Within the scope. 25 MR. MERRETT: Yes, sir. 168 1 THE COURT: Please. 2 RECROSS-EXAMINATION 3 BY MR. MERRETT: 4 Q All these conversations involving Mr. Minton 5 began with him essentially making a circle out into 6 the street and pointing at you all telling you to stay 7 away from him, right? 8 A Correct. He kept saying that we were 9 violating the injunction. 10 Q Okay, but it started with him, if you heard 11 what Mr. Howie asked, it was more of him coming out in 12 the street pointing his finger at you saying you guys 13 stay away from me? 14 A Yeah. Like I said, he was yelling and 15 screaming. 16 Q And in the context of doing that I think you 17 just testified that he accused you of standing where 18 you were standing because Scientology was paying you 19 22 bucks an hour for working for Scientology, right? 20 A That's right. 21 MR. MERRETT: Nothing further. 22 THE COURT: Mr. Howie. 23 MR. HOWIE: Nothing further, Your Honor. 24 THE COURT: All right. Let me see if I 25 understand is this now. You observe 169 1 Mr. Minton walking down Waterson in a 2 southerly direction was he at the time 3 yelling or saying anything to anybody from 4 the church? 5 THE WITNESS: He was yelling profanities 6 that way. I believe there were people when 7 he first got there, Your Honor, there were 8 people getting off the of bus. 9 THE COURT: Okay. You told me -- okay, 10 there were people getting off the bus. Okay. 11 You said there were some vans and stuff 12 parked there also? 13 THE WITNESS: Yes, there was. 14 THE COURT: So you walked out in the 15 street to hey, could you get over here on the 16 sidewalk? 17 THE WITNESS: He was screaming, yelling 18 that we're f-ing in violation. 19 THE COURT: Okay. Thank you. 20 THE WITNESS: We told him to get back on 21 the sidewalk, that we weren't going to let 22 him to carry on in the street. 23 THE COURT: Got it. Thank you very 24 much. All right can we excuse the officer? 25 MR. MERRETT: Your Honor, I do have a 170 1 couple questions I need to ask based on the 2 court questions? 3 THE COURT: Okay. You may, sir, within 4 my scope. 5 RECROSS-EXAMINATION 6 BY MR. MERRETT: 7 Q Yes, sir. I just want to make it really 8 clear that you've raised you hand and swore to God 9 that you're telling is the truth and you're saying 10 there were people coming off that bus when you came 11 down the street? 12 A I said I believe initially there were people 13 coming off the bus, yes, sir. 14 Q Okay. Are you testified that there were 15 people from Scientology coming off the bus or in the 16 street at that time, yes or no? 17 A There were people coming off the bus when he 18 came down the street. 19 Q Okay. 20 A At some point in time. I don't know what 21 point in time you're being specific to. 22 Q Im talking about the night that you've been 23 testifying to? 24 A There had been people coming off the bus, 25 yes. 171 1 Q Okay. How long before Mr. Minton reached 2 your position? 3 A It was in the same proximity of time. I 4 can't give you an exact. 5 Q So what you're telling me is if we look at 6 the videotape and it shows Mr. Minton coming down the 7 street and there is a bus in the background, we're 8 going to see people coming of the bus? 9 A The to best of my recollection there were 10 people coming off the bus, yes. 11 Q And you do have a clear recollection of 12 that. 13 A I believe there were people in that vicinity 14 at some time that night yes. 15 Q Well, now wait a minute. 16 A During that incident there were people in 17 the area. 18 Q Okay. There were what people? 19 A There were Church members coming off the 20 bus. 21 Q Okay. 22 A Off a bus or a van. I don't recall exactly 23 what because I was watching traffic, I'm watching 24 Mr. Minton, I'm watching the protesters to make sure 25 everybody does what they're supposed to and nothing i 172 1 instigated. 2 THE COURT: Let me just try some here. 3 When you say coming off or get off or 4 something, you mean unloading? 5 THE WITNESS: Unloading, yes, sir. I'm 6 sorry. 7 THE COURT: Is that what we're taking 8 about? 9 MR. MERRETT: I believe so, Your honor. 10 THE COURT: All right. 11 BY MR. MERRETT: 12 Q But the fact is that you're not telling us 13 that you remember that at all, are you? 14 A I'm saying there were people there at that 15 time during that incident. 16 Q There being where? 17 A On Waterson. 18 Q Okay. Were they between bus and -- 19 A I believe they were unloading off the bus, 20 yes. 21 Q Okay. Well -- 22 A There was a bus there so obviously people 23 must have gotten off of it and believing that 24 timeframe there were people leaving the bus, yes. 25 Q It is your testimony that at the time of 173 1 these events when Mr. Minton was coming down the 2 street yelling there were people exiting through the 3 door of the bus? 4 A Somebody did, correct. 5 MR. MERRETT: Okay. Thank you very 6 much. 7 THE COURT: Mr. Howie? 8 MR. HOWIE: Your Honor, again within the 9 scope of your questions. 10 THE COURT: Please, sir. 11 RECROSS-EXAMINATION 12 BY MR. HOWIE: 13 Q Officer Harbert, do you recall verbatim what 14 it was Mr. Minton was saying before you confronted him 15 in the street? 16 A I don't recall verbatim, no. He was very 17 upset and yelling and screaming. 18 MR. HOWIE: Okay. Thank you. No 19 further questions. 20 THE COURT: Okay. Mr. Pope, anything? 21 MR. POPE: Nothing, Your Honor. 22 THE COURT: All right. Gentlemen, may 23 we please excuse the officer now? 24 MR. POPE: You may. 25 THE COURT: Mr. Merrett? 174 1 MR. MERRETT: Yes, sir. 2 THE COURT: Officer, thank you very 3 much. You are free to. All right, we're 4 going to go the lunch. 5 This is a good time to take a break. Be 6 back at 2:25 and the courtroom will be 7 locked during the lunch hour unless, only 8 attorneys, only attorneys during the lunch 9 hour will I allow in here and -- excuse me. 10 Mr. Feathers, do we have a problem out 11 there? 12 THE BAILIFF: They're speaking out loud, 13 sir. 14 THE COURT: Bring the two of them 15 forward. Everybody else sit down. Could I 16 have your names? 17 MR. WARD: My name is Grady Ward, Your 18 Honor. 19 THE COURT: Okay. And your name, sir? 20 MR. PETERSON: Robert Peterson. 21 THE COURT: Okay. All right. Let me 22 ask both of you, where are we today? 23 MR. PETERSON: We are in your courtroom, 24 Your Honor. 25 THE COURT: You have any questioned 175 1 about that? 2 MR. PETERSON: No, Your Honor. 3 THE COURT: How about you? 4 MR. WARD: We're in your courtroom, Your 5 Honor, and should observe the decorum in the 6 courtroom. 7 THE COURT: Can I trust you to continue 8 to do that or please and no more problem? 9 MR. WARD: Yes, Your Honor. 10 THE COURT: Now, let me make it clear to 11 everybody in this courtroom. Please, 12 remember where we're at. We're here today on 13 some serious business and everybody is 14 represented by attorneys. I know you're 15 probably paying top dollar because you've got 16 AV lawyers. Now, if you don't know what that 17 means ask the lawyers. And I'm sure they 18 won't be bragidocious when they tell you but 19 that's the top, that's the best rating you 20 can get and that only comes -- there are only 21 a few people authorized to make that 22 recommendation to the Martindale-Hubble who 23 does that. 24 Now, if have you any other questions 25 about what you need to do, please ask my 176 1 bailiffs. But so there is no doubt about 2 who works for whom around here, the bailiffs 3 work for me when they're in my courtroom. 4 So if they have any problems, I got a 5 problem. Have you good lunch everybody. 6 (A luncheon recess took place after which 7 the proceedings continued.) 8 End of Volume I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 IN THE CIRCUIT COURT IN AND FOR PINELLAS COUNTY, FLORIDA 2 3 CASE NO. 99-7430-CI-08 4 5 ----------------------------------------X : 6 CHURCH OF SCIENTOLOGY FLAG SERVICE : ORGANIZATION, INC., a Florida : 7 corporation, : : 8 Petitioner, : : 9 vs. : : 10 ROBERT S. MINTON, JR., ET AL., : : 11 Respondents. : ----------------------------------------x 12 BEFORE: The Honorable THOMAS E. PENICK, JR. 13 PLACE: Pinellas County Judicial Building 14 545 First Avenue North St. Petersbrg, Florida 15 DATE: February 10, 2001 16 TIME: 2:30 P.M. 17 18 REPORTED BY: JACKIE L. OSTROM Court Reporter 19 20 --------------------------------------------------- ORDERS TO SHOW CAUSE 21 --------------------------------------------------- Pages 177-258 22 Volime II 23 ROBERT A. DEMPSTER & ASSOCIATES 24 P.O. BOX 35 CLEARWATER, FLORIDA 25 (727) 443-0992 1 APPEARANCES 2 The Honorable THOMAS E. PENICK, JR. 3 CIRCUIT COURT JUDGE 4 F. WALLACE POPE, JR., ESQUIRE 5 JOHNSON, BLAKELY, POPE ET AL 911 Chestnut 6 Clearwater, Florida 7 MICHAEL LEE HERTZBERG, ESQUIRE 8 740 Broadway, Fifth Floor New York, New York 10003 9 Attorneys for Church of Scientology Flag Ship 10 Organization 11 12 JOHN MERRETT, ESQUIRE 13 2716 Herschel Street Jacksonville, Florida 32205 14 15 BRUCE G. HOWIE, ESQUIRE PIPER, LUDIN, HOWIE AND WERNER 16 5720 Central Avenue St. Petersburg, Florida 33707 17 18 Attorneys for Robert Minton and Lisa McPherson Trust, Inc. 19 20 21 22 23 24 25 179 1 PROCEEDINGS 2 THE COURT: All right. Mr. Pope, sir, 3 you may proceed. 4 MR. POPE: We're ready, Your Honor. 5 THE COURT: Call your next witness. 6 MR. POPE: Call Derrick Kronschnabl. 7 Thereupon: 8 DERRICK KRONSCHNABL 9 was called as a witness and having been duly sworn, was 10 examined and testified as follows: 11 DIRECT EXAMINATION 12 BY MR. POPE: 13 Q State your name please, sir? 14 A Derrick A. Kronschnabl. 15 Q Where do you live, Mr. Kronschnabl? 16 A Palm Harbor, Florida. 17 Q What is your occupation? 18 A Process server appointed by the sheriff in 19 Pinellas County. 20 Q How long have you been in that business? 21 A Three-and-a-half years. 22 Q Okay. I want to draw your attention to 23 December 1, 2000 and ask if you were asked to serve 24 some process with respect to this lawsuit? 25 A Yes, sir, I was advised by C.J. Post 180 1 Enterprises on December 1 to serve Peter Alexander and 2 Jeff Jacobson and injunction and summons and 3 complaint. 4 Q Okay. Did you proceed to try to locate them 5 and do that? 6 A Yes, sir. 7 Q Where did you go? 8 A I went to 33 North Ft. Harrison, the Lisa 9 McPherson Trust. 10 Q Okay. What did you do when you got there? 11 A I was told that I was going to have a 12 problem serving the two individuals, so I put the 13 papers in my back pocket and put my identification in 14 my pocket and entered the building and walked up to 15 the receptionist and she thought I was Peter 16 Alexander's son so I said yes, I am, go get him for 17 me, please and when she walked behind me she noticed 18 the papers in my pocket and yelled process server, 19 process server and then everyone came out and one of 20 the individuals came out and had a video camera in my 21 face. 22 Q All right. What happened after that? 23 A I served the papers to Jeff Jacobson and as 24 I was filling out the paper there was no conflict from 25 any of the individuals at that time until the 181 1 attorney, Mr. Merrett, entered the building from 2 returning from lunch or whatever he was coming back 3 from, with his hat and glasses and came up to me and 4 told me that I was trespassing and I needed to get off 5 his property and in doing go so he placed his hands on 6 me and pushed did me and I asked him to take his hands 7 off me and not push me again and he pushed me two more 8 times and -- 9 THE COURT: Hold on. Just a minute. I 10 missed it. The name of that individual? 11 THE WITNESS: John Merrett. 12 THE COURT: John Merrett, okay. Go 13 ahead. 14 THE WITNESS: He pushed me one more time 15 and I asked him to takes his hands off of me 16 and then as I was walking out the door they 17 pushed me one more time as I was leaving the 18 building. 19 BY MR. POPE: 20 Q Did he say anything to you during these 21 pushing episodes? 22 A No, nothing else to the fact that I was 23 trespassing. That was all that he said. 24 Q Okay. Did you later serve Mr. Alexander? 25 A Yes, and hour-and-a-half later I was advised 182 1 that he was eating lunch at 45. North Ft. Harrison and 2 I went to that address and served Peter Alexander in 3 the restaurant. 4 MR. POPE: Okay. No further questions. 5 THE COURT: Okay. Mr. Merrett? 6 CROSS-EXAMINATION 7 BY MR. MERRETT: 8 Q Thank you. We'll start with that last bit. 9 Who advised you that Mr. Alexander would be eating 10 lunch at that 45 North Ft. Harrison? 11 A I was called from my office by C. J. Post 12 Enterprises, so I do not know. 13 Q Okay. Let me point out to you C. J. Post 14 Enterprises is not a person. They can't dial a phone. 15 Who called you and told you that? 16 A C. J. 17 Q C. J. what is that person's name? 18 A Her real name is Corole Post. 19 Q Where did she get that information? 20 A I don't know. I'm not sure. 21 Q Was there anyone else employed by C. J. Post 22 Enterprises working the area conducting surveillance? 23 A No, sir. 24 Q Okay. You got that information indirectly 25 from the Church of Scientology, right? 183 1 A I'm not sure because I received the 2 information from C. J. 3 Q Okay, but C. J. wasn't in downtown 4 Clearwater at the time, was she? 5 A No. 6 Q Okay. Was there anybody else employed y C. 7 J. Post Enterprises in downtown Clearwater at that 8 time? 9 A No, sir. 10 Q Okay. Then why don't you solve this mystery 11 for us. How did you know to go to 33 North 12 Ft. Harrison on that day at that time? 13 A That's the address that was on the complaint 14 that I was given to take to that address. 15 Q Okay, so this was listed as the home address 16 of Mr. Peterson, Mr. Jacobson and Mr. Alexander? 17 A No, sir, this is listed as a business 18 address. 19 Q Okay. And who instructed you with regarded 20 to the specific fact that you could find them at that 21 address on that date at that time? 22 A I just -- they gave me the papers to go to 23 that address. I wasn't advises that they would be 24 there or not. I was just advised that that's where I 25 could find them. 184 1 Q That's all that you were told? 2 A Yes, sir. 3 Q So what were you doing when you testified a 4 minute ago that you were told that you were going to 5 have problems serving the papers, who told you that 6 one? 7 A I was told that other process servers had 8 attempted to serve those individuals and that they had 9 had a conflict and problem and that's what I was 10 advised by C. J. 11 Q And this was at the seem time as the 12 conversation where you just said the only thing they 13 told was go to 33 North Ft. Harrison, right? 14 A Yes. 15 Q Okay. So your testimony a minute ago was 16 not truthful as to the complete conversation, right? 17 A No, sir, I don't understand what you're 18 trying to say, sir. 19 Q Okay. I asked about two minutes ago who 20 told you -- how did you know to go to 33 North 21 Ft. Harrison and you said that's all that you were 22 told. You had a conversation and basically that's all 23 you were told? 24 A I was only advised by C.J. Post and that is 25 the only person I was advised by to do anything on 185 1 that date. 2 Q And she told you in addition to telling you 3 where to go, she told you that you could expect 4 trouble serving Mr. Peterson and Mr. Alexander? 5 A Yes, sir. 6 Q Okay. Now, you've testified that you were 7 in the building. Can you tell the court where exactly 8 in the building you were? 9 A Right in front of the reception desk. 10 Q Were you in the hall? 11 A The only hallway -- I didn't even go into a 12 room in that building. I walked through the double 13 glass doors and I was right there front of the 14 reception desk. 15 Q Okay. Are you sure you came through the 16 double glass doors? 17 A It might be the back door, because it's not 18 the entrance on Ft. Harrison. 19 Q Okay. Whichever end of the building it's 20 on, you came through the double glass doors? 21 A That is correct. 22 Q Okay. And you stayed in the tiled hallway 23 area the whole time you were there? 24 A Yes, sir. 25 Q Now you've testified that I entered the 186 1 hallway at some point? 2 A Yes, sir. 3 Q Tell the court if you would specifically 4 exactly act what you were doing the instant before I 5 began to speak to you? 6 A I was filling out one of the summonses to 7 Jeff Jacobson. 8 Q Did you finish filling out the summons 9 before I began to speak to you? 10 A No, sir. 11 Q So your testimony is that and you have a 12 recollection, right? Your testimony is that you were 13 interrupted in filling out the summons by my arrival 14 and discussion with you? 15 A Yes, sir. 16 Q Okay. Now, is it your custom to enter 17 private property and enter buildings to serve papers? 18 A I was no entering private property. I'm 19 allow to be on any piece of property in this county 20 when ordered by the judge with a summons and 21 complaint. 22 Q So, it's your testimony that when let's say 23 Ms. Brooks is home this evening and you have papers to 24 serve, you may be in her bathroom? 25 A No, that's not a business; that's a home. 187 1 Q Okay. How about her living room? 2 A No, that's a home. That's not a business, 3 sir. 4 Q Now, you're -- you didn't say business. You 5 said any property in Pinellas County you have the 6 right to be there? 7 A Yeah, I do. 8 Q Okay. Are homes property? 9 A Yes, they are. 10 Q So you're saying you had the right to be 11 there waiting in her living room however you get in, 12 right? 13 A No, sir. 14 Q Okay. Why not? What's different about 15 that? 16 A Because that's not a business, sir. 17 Q Okay. So what you're saying is you have the 18 right to enter any business premises? 19 A Yes, I do. 20 Q Okay. And who told you that? 21 A That's a statute. That's a law. 22 Q Which statute is that? 23 A I'm not sure. 24 Q And it's your testimony that you don't have 25 to leave no matter who tells you to leave, right? 188 1 A The only way I would have to leave the 2 building is if a sheriff's deputy came and told me to 3 remove myself from the property. 4 Q So you have got a privilege against trespass 5 somewhere, right? 6 A Yes, I would say so. 7 Q Okay. Have you ever heard of a search 8 warrant? 9 A Yes. 10 Q Ever heard of an arrest warrant? 11 A Yes, sir. 12 Q Okay. You know what those are for? 13 A To take someone to jail or enter a property 14 that they want to enter. 15 Q That's right, a court order specifically 16 saying you can go on people's private property and you 17 don't have to leave. You didn't have one of those, 18 did you? 19 A No, I didn't, but they're to arrest 20 somebody. I wasn't there to arrest somebody, sir. 21 Q Now, the reason that didn't leave when you 22 were instructed to is what? 23 A It is because I had a summons and complaint 24 for the two subjects that were at the property and I 25 was there to serve the two individuals. 189 1 Q Okay. Let me ask you this. What is the 2 total number of sets of documents that had you with 3 you? 4 A Two summonses and two complaints. One to 5 Peter Alexander and one to Jeff Jacobson. 6 Q Okay. That is you had two sets of papers, 7 two packages, right? Not three, not four, two? 8 A That's correct. 9 Q Okay. And by the time that I arrived and 10 began talking to you, you had already disposed of one 11 set, correct? 12 A No, sir. 13 Q Okay. You had already done what? Had you 14 already spoken to Mr. Jacobson? 15 A No, sir. 16 Q Okay. Had you seen Mr. Jacobson? 17 A Yes, sir. 18 Q Where had you seen him? 19 A With the crowd of people that came out in my 20 face with the camera. 21 Q What does he look like? 22 A He's a white male. I had a photograph of 23 him. 24 Q Uh-huh. Is that him right there? 25 A No. 190 1 Q Okay. What did he look like beyond being a 2 white male? 3 A I just had a description. I see a million 4 people a day, sir. I can't describe him at that point 5 in time. 6 Q Okay. Let me ask you this. Isn't it 7 correct that you pronounced the words, you have been 8 served, to Mr. Jacobson when you were outside of the 9 building about to leave? 10 A That's correct. 11 Q That is only time that you told Jeff 12 Jacobson you've been served? 13 A That's correct. 14 Q Okay. And how many sets of documents did 15 you leave on the steps on the Waterson side of the 16 building? 17 A I left the summons and complaint for Peter 18 Alexander and Jeff Jacobson and the reason for leaving 19 Peter Alexander's papers also was just from my 20 Adrenalin being high from the argument of the point 21 with you and the subject in my face with the camera. 22 Q So you wee high at the time? 23 A No. I was not. 24 Q Isn't that what you just said? 25 A Yeah, Adrenalin. I wasn't on an illegal 191 1 substance, sir. 2 Q Did you later come back and retrieve it? 3 A No, I did not. I had the original, so I 4 just went and made a copy of the complaint and later 5 served the individual down the street. 6 Q Where was the original? 7 A In my hand. 8 Q Where was it before it was in your hand? 9 A What do you mean by that, sir? 10 Q Well, you've already testify once under oath 11 that you only had two sets of documents with you. 12 You're now testify about a third. Where was the 13 third? 14 A No, there was no third set. That is a copy, 15 two copies of the summonses attached to the summons. 16 Q Uh-huh. 17 A One copy is original, which goes with me and 18 gets files with the court with an affidavit. 19 Q Uh-huh. 20 A I still had that and I left a copy on the 21 ground with the other one in front of the door. 22 Q Did you have a copy of the documents that 23 were attached to the summons, as well? 24 A No, I did not. 25 Q So the only thing that you served on Peter 192 1 Alexander was a naked summons? 2 A No, I served the copy of the complaint there 3 and I went and made another copy of the complaint at 4 my office which was served on Peter Alexander. 5 Q And you did that while he was eating, right? 6 A That is correct. 7 Q Okay. And that has become I would assume 8 routine practice for you when you work for 9 Scientology, interrupt people's meals? 10 A No, I do not work for Scientology, sir. I'm 11 not a Scientologist. 12 Q Here's interesting question. Who was the 13 client on whose behalf the papers were being served? 14 A State the question again, sir. 15 Q Who was the client on whose behalf you were 16 serving papers? Who was the client? 17 A I was serving the papers I would say for 18 Johnson, Blakely, sir. 19 Q Okay. That would be Scientology's lawyers? 20 A I would say so, sir. 21 Q Okay. So let me just clarify. It is your 22 position that when you enter anyplace that's not a 23 residence, you have the right to stay there however 24 long you think you ought to stay there, right? 25 A I do, sir. I'm commanded at the top of 193 1 every complaint that I serve and ordered by the court 2 to be at that property in that place. 3 Q Okay. So it's your testimony that the judge 4 ordered you to loiter in the hallway at the Lisa 5 McPherson Trust? 6 A I am ordered to be there to serve papers, 7 sir. 8 Q Now, let me make it clear. It's your 9 understanding that you were specifically ordered to go 10 to that place and stand there no matter what anybody 11 told you? 12 A Yes, sir. 13 Q Okay. Now, I guess the last thing that I 14 need to cover with you is you said that you talked to 15 the receptionist who thought that you were 16 Mr. Alexander's son? 17 A That's correct. 18 Q Okay. And you told her that you were, 19 right? 20 A That's correct. Yes, sir, I did. 21 Q Now, is that true? 22 A No, it's not. 23 Q Okay. And do you know of a word for a 24 statement that is not true? What do you call that? 25 A Lying. 194 1 Q And what do you call people that tell lies? 2 A A liar. 3 Q And you told a lie, didn't I? 4 A Of course. I was told that I was going to 5 have a conflict, so -- 6 Q And you're a liar, right? 7 A No, sir, I'm not. 8 MR. MERRETT: Okay. All right. 9 MR. HOWIE: May it please the court? 10 THE COURT: You may proceed. 11 CROSS-EXAMINATION 12 BY MR. HOWIE: 13 Q Sir, to your knowledge were you can 14 videotaped by any member of the Church of Scientology 15 when you exited the building? 16 A No, sir. 17 Q Okay. The only video camera that are aware 18 of is one that you were confronted with in the Lisa 19 McPherson Trust building? 20 A That's correct. 21 Q Do you know or can you identify the person 22 that had that camera? 23 A Yes, sir. 24 Q Who was that? 25 A The gentleman on the end there with the 195 1 brown coat. 2 MR. HOWIE: Okay. Can the record 3 reflect that he indicating Mark Bunker. 4 THE WITNESS: What's that? 5 MR. HOWIE: I am putting on the record 6 that you are identifying Mark Bunker. 7 THE WITNESS: That's correct. 8 BY MR. HOWIE: 9 Q Okay. You have succeeded in did serving 10 Jeff Jacobson, did you not? 11 A Yes, sir. 12 Q You succeeded in filling out your summons or 13 paperwork on Mr. Jacobson, correct? 14 A Yes, sir. 15 Q You also successfully served Peter 16 Alexander? 17 A Yes, sir. 18 Q Nobody obstructed you or prevented you from 19 serving Peter Alexander, did they? 20 A Yes, sir, they did. The manager of the 21 restaurant tried to exit me out of the building also, 22 sir. 23 Q All right. Do you know that manager's name? 24 A No, sir. 25 Q Do you know if that manager has any any 196 1 connection with the Lisa McPherson Trust? 2 A No, sir. 3 Q And do you know what it was that you did to 4 cause the manager to ask you to leave the restaurant? 5 A The manager asked me to leave the restaurant 6 because it was a involving a scene in his restaurant 7 because the subjects I was trying to serve were being 8 obnoxious and loud to call the police and this and 9 what and he wanted to calm his customers down, sir. 10 Q So the manager asked you, not Peter 11 Alexander, to leave? 12 A That's correct. 13 Q And you did successfully serve Pater 14 Alexander? 15 A Yes, sir. 16 MR. HOWIE: Thank you. No further 17 questions. 18 THE COURT: In light of the questions he 19 asked you, let me ask you a question. You 20 say you served him at 33 North Ft. Harrison; 21 is that right. 22 THE WITNESS: That's correct. Peter 23 Alexander I served I 45 North Ft. Harrison. 24 THE COURT: Okay. Hold on. Who did you 25 serve at 33 North Ft. Harrison? 197 1 THE WITNESS: 33 North Ft. Harrison was 2 Jeff Jacobson and 45 North Ft. Harrison was 3 Peter Alexander. 4 THE COURT: Just a second, please. Now 5 that address, 45 North Ft. Harrison is a 6 restaurant? 7 THE WITNESS: Yes, sir. 8 THE COURT: What's the name of that 9 restaurant? 10 THE WITNESS: I can't even pronouce it, 11 sir. O-T-T-A-I-V-I-S or something like that. 12 THE COURT: Spell that again. 13 THE WITNESS: O-T-T-I-A-V-E-S or 14 something like that. 15 THE COURT: Is it Octavias? 16 THE WITNESS: Yeah, I think so. 17 THE COURT: Okay. What side of the 18 street is it on? 19 THE WITNESS: It's on the -- if you're 20 going north it's on the right-hand side. 21 THE COURT: That would be the east side. 22 THE WITNESS: East side, sir. 23 THE COURT: And that sort of in that 24 line of buildings that the Bank of Clearwater 25 and the Lisa McPherson Trust and all that? 198 1 THE WITNESS: That's correct. 2 THE COURT: And Jimmy Hall's is kind of 3 right behind it or east of it? 4 THE WITNESS: That's correct, it's 5 directly behind it. 6 THE COURT: Okay. I see. All right. 7 Mr. Pope? 8 MR. POPE: No further questions, Your 9 Honor. 10 THE COURT: All right. In light of my 11 questions, Mr. Merrett? 12 MR. MERRETT: No, Your Honor. 13 THE COURT: Mr. Howie? 14 MR. HOWIE: No. 15 THE COURT: Thank you, sir. You're free 16 to go. 17 THE WITNESS: Thank you sir. 18 THE COURT: Have a good day. Thank you 19 for coming. All right. 20 MR. POPE: Your Honor we'll call 21 Mr. Robert Bussard. 22 23 24 25 199 1 Thereupon: 2 ROBERT BUSSARD 3 was called as a witness and having been duly sworn, was 4 examined and testified as follows: 5 DIRECT EXAMINATION 6 BY MR. POPE: 7 Q Tell us your name please, sir? 8 A Robert David Bussard. 9 Q And what is your address, sir? 10 A 12931 88th Avenue North, Seminole. 11 Q What is your occupation? 12 A I have my own business. I'm a special 13 process server appointed by sheriff. 14 Q Which sheriff? 15 A Everett Rice. 16 Q In Pinellas County? 17 A Pinellas County. 18 Q Is that where you serve process? 19 A Yes, I do. 20 Q Do you have any relationship with Gietzon 21 and Associates? 22 A Yes, one on my clients. 23 Q Okay. 24 A My company's name is Due Process. 25 THE COURT: Due Process? 200 1 THE WITNESS: Due Process. 2 BY MR. POPE: 3 Q I want to call your attention to November 4 30, 2000 and ask you if you were asked to serve some 5 process and some paper with respect to some parties to 6 this lawsuit? 7 A Yes, I was. I was called by Gietzon and 8 Associates and they said we have some work for you in 9 Clearwater and I said okay, so I went there 10 approximately four o'clock in afternoon and the papers 11 weren't ready. About eight o'clock, 8:15 I had been 12 given ten restraining orders and injunction number two 13 to be delivered to a certain number of people and the 14 place was located at Steak and Ale on U.S. 19. 15 Q In what city? 16 A That's Clearwater, Florida. 17 Q What did you do then? 18 A I went and drove up there, like I said, 19 between 8:15 and 8:30. I immediately went into the 20 restaurant and I had these -- I was carrying these 21 restraining orders and I went to a couple of 22 waitresses and I said do you have large party in this 23 restaurant and they said well, we did at five o'clock 24 and they seem to have gone. Okay, I must have missed 25 them. I said that can't be because I know for a fact 201 1 that I recognize the van, that white van, and I heed 2 they've say got to be here, so I looked -- I went upon 3 myself and looking in different rooms and I didn't see 4 anybody so on the way out being an avid football fan, 5 there was a football game on in the bar and I looked 6 up there it was. The game was on. As soon as I did 7 that a young gentleman jumped up and said you can't 8 come in here. Don't you know the ten foot rule? You 9 cannot come in here. What is wrong with you? Don't 10 you understand the ten foot rule? 11 I said my name is Robert Bussard. I'm a 12 special process server and I have my badge right here. 13 I showed it to him, he says let me see that again. I 14 says no, because people have tried to keep it, I said 15 that does not work with me, so I put it back in my 16 pocket and I says I have some paperwork here for 17 certain people such as Jeff Jacobson, I had summons 18 and complaint, plus the restraining order. And I had 19 same for Heather Bennett and I had some for Keith 20 Henson and he jumped and kept saying, no, you don't 21 understand the ten foot rule and I says wait a minute. 22 I don't have to, I'm an agent of the court and I was 23 trying to be calm, cool and collected. I didn't want 24 to cause any confrontation, and as I started to go 25 serve them I got blocked by this gentleman right here. 202 1 Q And who are you pointing to? 2 A It's John Merrett. I didn't know at the 3 time who he was. 4 Q All right. 5 A This is the first time I've ever seen him 6 other than earlier in the evening. 7 Q What did he do specifically? 8 A Well, I started to go this way and he 9 blocked my path and I started to go this way and he 10 blocked my path again and I started to go this way and 11 I so I says this is useless so he called the manager 12 and I explained to the manager, showed him my badge 13 and my name, what I was trying to do and immediately 14 he says call the police, so I says fine. 15 THE COURT: Who is he? 16 THE WITNESS: John Merrett. 17 THE COURT: You were talking about the 18 manager of the restaurant. I thought the 19 manager -- 20 THE WITNESS: John Merrett says call the 21 police. 22 THE COURT: All right. 23 THE WITNESS: So he did and says okay, 24 good. That's better for me because I was 25 hoping it was the sheriff's department but it 203 1 turned out to be with the Clearwater police. 2 Well, they have no jurisdiction over civil 3 cases, and I waited for the police to come 4 and my wife goes with me when I go out and 5 serve because otherwise I never see her, 6 morning, noon and night and she asked 7 Mr. Merrett, she says who are you and he says 8 I'm lawyer and she says what's your name and 9 he says ain't none of your business. I said 10 he needs to be taught some rules, man, 11 etiquette, but anyway, that's what happened 12 and before the police got there they had 13 adjourned to go out to the cars and on the 14 way out Mr. Merrett gave a business card to 15 one of the police officers and meantime when 16 I was there, the whole time I was there I was 17 being videotaped. We had a friendly 18 conversation, Mark Bunker and myself, we are 19 talking and also -- 20 THE COURT: Wait a minute. They were 21 videotaping you in the restaurant? 22 THE WITNESS: Uh-huh. I walked away 23 from the pary they were sitting at at the 24 tables and I went out to the foyer. 25 204 1 BY MR. POPE: 2 Q Who was doing the videotaping? 3 A Mark Bunker. 4 Q Okay. And did you ever get them served? 5 A No. Only way I could have done it was air 6 mail. I couldn't do that and then these little old 7 lady sitting at the table, she's taking my picture. 8 She kept snapping my photo and I never seen her 9 before, but up do this point if I may interject, Your 10 Honor. 11 MR. MERRETT: I'll object to be 12 nonresponsive and narrative and ask the 13 witness be instructed to confine himself to 14 respond to the question posed. 15 BY MR. POPE: 16 Q Let me ask you this question. What was it 17 you wanted to tell the judge just now? 18 MR. MERRETT: I'll object. 19 THE COURT: Overruled. 20 THE WITNESS: I've been serving Lisa 21 McPherson Trust and if you want to call it a 22 company or whatever, I've served Stacy Brooks 23 with no problem. We've been on a friendly 24 basis. I've served Robert Minton. He and I 25 were on a first name basis. Come in the 205 1 door, they were very friendly to me. And 2 I've served Jesse Prince. I even served him 3 at his house and he's taken it with no 4 problem. I've served -- I tried to get Grady 5 Ward. He was never around, but I've served 6 Robert Peterson and I've never had no problem 7 all this time. 8 Like I said, walk in and we know each 9 other by first name basis. Who and I going 10 to serve today? Well, Stacy, you're on the 11 list today. I got a subpoena for you here 12 today. What's it about. I'd show it to 13 them and say you got to be in court on such 14 and such. Okay. No problem. Up until this 15 young gentleman here came on the scene and I 16 never had a problem up to that point. 17 MR. POPE: No further questions. 18 THE COURT: Okay. Just a minute. Let 19 me get my notes up to date. 20 (Whereupon, a pause in the proceedings took 21 place.) 22 Okay. You may inquire, Mr. Merrett. 23 MR. MERRETT: That's fine. 24 THE COURT: Go ahead, sir. 25 206 1 CROSS-EXAMINATION 2 BY MR. MERRETT: 3 Q Thank you. How long you been a process 4 server? 5 A Be two years in May. 6 Q And you're familiar with the obligations of 7 a process server, right? 8 A Excuse me, sir? 9 Q You're familiar with the obligations of the 10 process server? 11 A Yes, I am. 12 Q If fact, you -- 13 A We have to take a test every year. 14 Q Right. You have to take a test, you have to 15 pass it. That's part of your certification? 16 A Yes. 17 Q And one of the things that you have to do or 18 at least be prepared to do is advise someone that 19 you're serving what it is you're serving on them? 20 A Absolutely. 21 Q And you don't know who can read and who 22 can't? 23 A Exactly. 24 Q So, it's part of your duty to familiarize 25 yourself with whatever documents you're serving, 207 1 right? 2 A Yes. 3 Q Okay. So, on this night, November 30, we 4 can reasonably assume that before you got to he Steak 5 and Ale for the etiquette lesson you had read the 6 injunction, right? 7 A I did. 8 Q And you knew what it said, right? 9 A Yeah. 10 Q Now, the last injunction that you served on 11 me and the people affiliated it the Lisa McPherson 12 Trust when was that? 13 A The injunction? 14 Q Yeah, before this one. 15 A Never have served an injunction. 16 Q Huh? 17 A I've served summons and subpoenas and 18 complaints but never served and injunction. 19 Q So this is the only piece of paper that you 20 ever served saying the people affiliated with 21 Scientology have to stay away from people affiliated 22 with the Trust? 23 A That's right. 24 Q Okay. So all during the love feast that you 25 described for us, there was any order that said people 208 1 affiliated with Scientology stay away, right? 2 A Right. 3 Q Okay. Now, tell the court if you would how 4 many time you have previously served, well, to start 5 with, with anybody, how many times have you previously 6 walked into a restaurant with people sitting down 7 taking a meal to serve papers? 8 A That's the first time. 9 Q So you can reasonably assume that your 10 etiquette skills were being honed that night for the 11 first time, right? 12 A If that's what you want to call it. 13 Q Okay. And of course you believe that 14 comports with the etiquette that you possess and the 15 lesson that you think that I need is to walk in while 16 people are eating to serve papers on them, right? 17 A Yes, I guess. 18 Q Where you having supper tonight? I may have 19 something to serve on you? 20 MR. POPE: Your Honor, that is the kind 21 of gratuitous -- 22 THE COURT: All right. Yes, sir, I 23 agree. Struck and let's move on. 24 BY MR. MERRETT: 25 Q Now, you would agree that is offensive, 209 1 wouldn't you? 2 A I have a job to do -- 3 MR. POPE: Objection -- 4 THE COURT: Wait a minute. Wait, wait? 5 MR. POPE: Objection. 6 THE COURT: Heres' how we're going to do 7 this. Mr. Merrett, you ask a question. If 8 you'll pause just a minute and let's see what 9 Mr. Pope does. 10 THE WITNESS: Okay. 11 THE COURT: If he doesn't do anything, 12 answer the question. 13 THE WITNESS: Okay. 14 THE COURT: But if Mr. Pope wants to 15 object, let's get the objection on the record 16 and then give me a chance to see what's going 17 on here, in other rule, and then we'll get 18 back to you. Let's work it that. 19 MR. POPE: The issue before the court is 20 whether there was anything illegal about what 21 he did, not whether it might be offensive in 22 his eyes. 23 THE COURT: Agreed. Let's move on. 24 BY MR. MERRETT: 25 Q Now, you mentioned having seen me earlier 210 1 that evening. Where you saw me earlier that evening 2 was outside the Lisa McPherson Trust, right? 3 A You were at your can and you had the trunk 4 up and I was waiting for Keith Henson to give him one 5 of the restraining orders and that's when you started 6 screaming you cannot come within ten feet. 7 Q Right. 8 A And I tried to explain to you that I'm an 9 agent of the court. 10 Q Right. 11 A Okay. 12 Q Okay. Now, you get paid how much for each 13 piece that you serve? 14 A How much do I get paid. 15 Q Uh-huh. 16 A It varies. It depends on what the paperwork 17 is. If it's a subpoena I get 16. If it's a summons I 18 get 22. 19 Q Okay. And in this particular instance for 20 your activities on November 30, the money that you 21 being paid came from Scientology lawyers, right? 22 A Well, I billed Gietzon and Associates and 23 then they in turn pay me. 24 Q Okay. The lawyer on that summonses that you 25 had, the lawyer you responded to was a Scientology 211 1 lawyer, right? 2 A Yes. 3 Q Okay. No, how many summonses did you have 4 with you that day? 5 A Only had one for Jeff Jacobson and the rest 6 were restraining orders; summons and complaint. 7 Q How many injunctions did you have all 8 totalled? 9 A Around ten. 10 Q Ten. Now, when was you first conversation 11 that day with Judy Ross? 12 A Probably around 4:00 PM. 13 Q And Judy Ross is an employee or agent of 14 Scientology; is that right? 15 A Best of my knowledge she is, yes. 16 Q What was that four o'clock conversation 17 about? 18 A That they would have some papers for me to 19 be served to certain individuals whom I just named. 20 Q Okay. Where is that you went on that first 21 trip when you found the papers were not ready to go? 22 A Right behind the Scientology building. 23 Q Which one? 24 A The one closest to -- not the one -- the one 25 across the street from the main Scientology building. 212 1 It's the one where the parking lot is where they drop 2 people off and pick them up in vans. 3 Q The Coachman Building, the one that fronts 4 on Cleveland and the side -- 5 A Yes. 6 Q And who did you talk to when you got there? 7 A I talked to -- when I got there the papers 8 weren't ready so I just waited. 9 Q Well, who did talk to when got there? I 10 mean -- 11 A Actually, you know who I talked to? I 12 talked to Keith Henson. 13 Q Okay. Inside the Coachman Building? 14 A No, he was walking down the street. 15 Q Okay. When you got inside the Coachman 16 building, okay, assuming that you didn't just -- 17 A I didn't go inside the Coachman Building. 18 Q How did you find out the paperwork wasn't 19 ready? 20 A They called me. 21 Q Where did they call you? 22 A My office called me. 23 Q Okay. And you said that you talked to Judy 24 Ross about 4:00 PM. Was this during this same time? 25 A Approximately the same time, yes. 213 1 Q How did you talk to Judy Ross? 2 A Cell phone. 3 Q Okay. And you didn't actually see her at 4 that time; is that correct? 5 A No, I did not. 6 Q Okay. What time was it when you actually 7 got the that you were supposed to deliver? 8 A Must have been about 7:30. 9 Q Okay. And at about what time was the call 10 from Judy Ross telling you that the people you were 11 supposed to be delivering papers were at Steak and 12 Ale? 13 A Right around eight. 14 Q Okay. Now, did you follow that party to the 15 Steak and Ale? 16 A Did not. 17 Q Did anybody that you know of who was working 18 with you follow that party to the Steak and Ale? 19 A Not to my knowledge. 20 Q Okay. How is it that Judy Ross directed you 21 toe Steak and Ale? 22 A I have no idea. 23 Q Okay. 24 A But I did see you folks come out of the back 25 end of the north building, 33 North Ft. Harrison and 214 1 they started taking more pictures of me. 2 Q Uh-huh. 3 A And I was across the street. 4 Q Uh-huh. Lurking in the shadows by the 5 parking garage? 6 A I wasn't lurking. I was just watching, you 7 know, waiting to serve Keith Henson. 8 Q But, you didn't follow him and you don't 9 have -- 10 A I didn't follow you, no. 11 Q Okay. 12 A I had no idea at that point. 13 Q So it was just somebody from Scientology's 14 legal department that mysteriously told these people 15 were at a specific restaurant? 16 A Yes. 17 Q Okay. Did you ask her how she knew? 18 A No. All I know like I told you, serve these 19 papers as soon as possible. That was my office. They 20 said they got to be done as soon as possible. For me, 21 that's a rush so I serve people at their place of 22 employment, I serve people at home, I serve them 23 different places and I said, well, why would a 24 restaurant be any different? Especially the situation 25 we had with the folks and I've been on a very friendly 215 1 basis with them. 2 Q Okay. 3 A I figured another day at the office is what 4 I figured. 5 Q On that basis you assumed it was appropriate 6 to interrupt people eating. Now, a couple things 7 interested my in your testimony on direct. You 8 testified the when the manager came to where you and I 9 were talking that I instructed the manager to call the 10 cops, right? 11 A Uh-huh. Yes, you did. 12 Q Do you recall filling out and signing an 13 affidavit in connection with the motion for the order 14 to show cause in this case? 15 A My affidavit? 16 Q Uh-huh. 17 A Yeah. 18 Q Okay. And did you read the affidavit before 19 you signed it? 20 A Sure did. 21 Q Who drafted it? 22 A I just wrote down what happened that night 23 and then gave it to the attorneys. 24 Q Which attorney? 25 A The gentleman in the middle there. 216 1 Q Okay. Let me ask you if you recall making 2 this statement in your affidavit: Because of the 3 disturbance this man, referring to me, caused by his 4 refusal to allow me to peacefully serve process, the 5 manager of the restaurant called the police. Is that 6 your statement? 7 A Per your request. 8 Q Okay. However, you omitted that from your 9 affidavit, right? 10 A Probably did. 11 Q Would you agree that the reading of your 12 affidavit is that the manager called the police 13 because I was creating a disturbance? 14 A There was no disturbance. There could've 15 been a disturbance but I didn't want to cause a 16 confrontation. When you started brushing up against 17 me, I left. 18 Q Let me freeze you right there. There was no 19 disturbance? 20 A None to speak of. Only what you caused. 21 Q Okay. Well, a minute ago you said there was 22 no disturbance? 23 A Well, I didn't cause a disturbance. 24 Q Okay. However, you do agree in your 25 affidavit under oath just like you're testifying now, 217 1 you stated that the reason for the phone call was to a 2 disturbance, right? 3 A To serve, not to disturb. To serve? 4 Q Listen to the question. 5 A I heard you. 6 Q Okay. Then answer it. The question is, is 7 it is or is it not true that you said in your 8 affidavit that the reason the police were called was 9 because of the disturbance? 10 A That's the reason they were called. 11 Q Okay. But, you testified not ten minutes 12 ago that the reason they were called is because I told 13 the manager to call the police, right? 14 A You -- 15 Q Is that true or not true? 16 A You told the manager to call the police. 17 Q And that's the reason that the police were 18 called, correct? 19 A That's right. 20 Q Okay. Now, is there any particular reason 21 that you managed to get all the way through your 22 affidavit under oath without pointing that out? 23 A I didn't think about it. It wasn't 24 necessary. 25 Q How did you decide what was necessary or 218 1 what wasn't when you're telling the truth under oath? 2 A You mean right now I'm under oath? I'm 3 telling the truth right now and this is just the way 4 it was, okay. I omitted about the police. 5 Q So if we need to make a choice about when 6 you're telling the truth under oath, it's today? 7 A It's all the time. 8 Q That your memory is better now than it was 9 back December 7? 10 A What's December 7. I didn't do December 7. 11 It was November 30. 12 Q Well, other than December 7 being the date 13 you signed your affidavit under oath, you don't have 14 anything to do with December 7? 15 A Right. 16 Q So you're saying your memory is better now 17 than it was then? 18 A It's the same. 19 Q Okay. Just the evidence you give is 20 different? 21 A What evidence? 22 Q Okay. Now, you testified a few minutes ago 23 that you stepped in the bar at the restaurant to look 24 at the television and as you looked back I jumped up 25 and -- 219 1 A You recognized me and you jumped up from 2 your seat. 3 Q Okay. Now, was that the entire sequence of 4 events up to the point that I jumped up that you 5 walked in, looked at the television and when you 6 looked back there I was? 7 A Yep. 8 Q Okay. 9 A You saw me with the restraining order and 10 that's when you started telling me that don't you 11 understand then ten foot rule and Keith said the same 12 thing, don't you understand? What's wrong with you? 13 Don't you understand? At that point, I felt like an 14 idiot. 15 Q Well, I'll just leave that lay. My next 16 question is this. You laid out your affidavit in 17 chronological order, right? You stated the events in 18 the order that they happened, correct? 19 A Yes. 20 Q Okay. And it is correct that in your 21 affidavit you stated that approximately 8:30 PM on 22 November 30 I walked into the restaurant and after a 23 few minutes recognized Henson, Jacobson and Heather 24 Bennet sitting at a table close to the door. 25 I'd seen Heather Bennet and Jeff Jacobson 220 1 previously and knew who they were and I had been given 2 a photograph of Keith Henson. 3 Then in the succeeding you stated a man with 4 a beard and bald head who looked about 5'7" and 220 5 pounds was sitting with them immediately jumped up 6 when he spotted me and said -- 7 THE COURT: Slow down, please. The 8 court reporter need to keep up with the you. 9 She's doing it but, I don't know -- that 10 thing is a couple pages long. 11 BY MR. MERRETT: 12 Q Said that I cannot come within ten feet of 13 them? 14 A Right. 15 Q Okay. So what actually happened was you had 16 actually come into the dining room where we were 17 before anybody approached you; isn't that correct? 18 A Yes. 19 Q Okay. 20 A That's a public place. 21 Q Other than Mr. Jacobson, you had no 22 summonses to serve on anyone else, correct? 23 A That's correct. 24 Q And other than Mr. Jacobson, the only 25 document you had to serve on the others was a copy of 221 1 the injunction, correct? 2 A That's correct. 3 Q Were any of the people who you were supposed 4 to serve other that Mr. Jacobson named in the 5 injunction? 6 A No. I had a list of names who I was to be 7 giving these to. 8 Q So the people other than Mr. Jacobson which 9 is a separate case. It's a separate matter. There's 10 a reason for him having a summons and the other one is 11 not, other in a Mr. Jacobson, the other people that 12 you were there in the dining room standing at the 13 table trying to serve people, those people were not 14 named in the injunction, right? 15 A Just what I had on the list was who I was 16 supposed be giving those to. 17 Q That's what I'm trying to figure out. The 18 people you were supposed to serve were not people 19 whose names appeared in the injunction, right? 20 A I was supposed to serve people that I knew. 21 Q Okay. 22 A That's who I was supposed to be serving. 23 Q Okay. And who were they? 24 A Jeff Jacobson was the one that was the 25 summons and complaint. 222 1 Q Who else? 2 A Heather Bennett. 3 Q Okay. 4 A Keith Henson, because I had a photograph of 5 him. 6 Q Uh-huh. 7 A I think Mark Bunker. 8 Q Uh-huh. 9 A I didn't know the lady that was taking my 10 picture, I didn't know her name. 11 Q Were you supposed to serve her? 12 A I didn't know -- I didn't have her name. I 13 didn't know who she was. 14 Q Were your instructions to serve specified 15 people or just anybody that you saw? 16 A People that I knew. 17 Q Okay. I expect it wasn't just anybody you 18 know; people that you knew that what? 19 A People that I have been dealing with as far 20 as serving before. 21 Q Okay. Anybody that you ever served before? 22 A Connected with Lisa McPherson Trust. 23 Q Okay. All right. Any other names? 24 A I've served Jesse. I don't know if he was 25 there that night. I don't think so. He might have 223 1 been. I don't know. There was I think about ten 2 people there. I didn't get to see all the faces. I 3 didn't have time. 4 Q Now, in relation to the parties leaving the 5 Trust, when were you informed that Steak and Ale was 6 the place to serve them? 7 A By eight o'clock. 8 Q Okay. When was that in comparison to when 9 the party left the Trust? Was it before, after, same 10 time? 11 A It was probably when you were coming out the 12 door and you were getting ready to leave. 13 Q Uh-huh. 14 A I called and said I was unable to serve the 15 injunctions because I was not allow ten feet. 16 Q Right. 17 A So then I was told to go to Steak and Ale. 18 MR. MERRETT: Okay. I don't have 19 anything further, Judge. 20 THE COURT: Okay. Mr. Howie? 21 MR. HOWIE: I have nothing. 22 THE COURT: Thank you. Okay, Mr. Pope? 23 MR. POPE: I don't have anything 24 further, Your Honor. 25 THE COURT: All right. Can we excuse 224 1 the gentleman? 2 MR. POPE: You may. 3 THE COURT: Sir, thank you very much. 4 You are free to leave. 5 THE WITNESS: Thank. 6 THE COURT: We've been going 7 approximately an hour. We've been going 54 8 minutes. Let's take a quick ten minute break 9 and we'll come back and get going again. 10 (A short recess took place after which the 11 proceedings continued.) 12 THE COURT: Mr. Pope, call your next 13 witness. 14 MR. POPE: Steve Bellavigna. 15 Thereupon: 16 STEVE BELLAVIGNA 17 was called as a witness and having been duly sworn, was 18 examined and testified as follows: 19 DIRECT EXAMINATION 20 BY MR. POPE: 21 Q Tell us your name and address, please, sir? 22 A Steve Bellavigna. My address is 590 100th 23 Avenue North, St. Pete, Florida. 24 THE COURT: Can I get you to spell that 25 last name slowly? 225 1 THE WITNESS: B-E-L-L-A-V-I-G-N-A? 2 THE COURT: Thank you. 3 BY MR. POPE: 4 Q What is your occupation. Mr. Bellavigna? 5 A I'm a licensed private investigator for the 6 State of Florida. 7 Q All right, sir. I want to show you three 8 returns of service. These are actually already in the 9 court file and served. I need to show counsel because 10 I only have one copy. 11 MR. MERRETT: Thank you. 12 (Whereupon, documents were reviewed.) 13 MR. POPE: May I approach, Your Honor? 14 THE COURT: You may. 15 BY MR. POPE: 16 Q Let me show you these three return on 17 service. 18 (Whereupon, documents were reviewed.) 19 Are those your returns, Mr. Bellavigna? 20 A Yes, sir, they are. 21 Q And they reflect service by you of what? 22 A Injunction. 23 Q Injunction Number Two? 24 A Correct. 25 Q All right. What does the first one reflect 226 1 as to service? 2 A The first one reflect on Randy Enerson. 3 Q Okay. And when did you serve him with the 4 injunction? 5 A That was served on the December 1 of 2000. 6 Q Okay. At what time? 7 A At approximately 4:15 PM. 8 Q All right. Who is the next one? 9 A The next one reflects a Lerma Arnie, 10 A-R-N-I-E. 11 Q Arnie Lerma? 12 A Correct. 13 Q When was he served? 14 A That was served on December 1 of 2000 at 15 approximately 11:30 AM. 16 Q And that was Injunction Number Two? 17 A That's correct. 18 Q What is the last one? 19 A Anita Gogolla. 20 Q When was she served? 21 A December 1 of 2000 at 12:10 PM. 22 Q May I have those back, please, sir? Did you 23 in fact serve these injunctions as these return 24 reflect? 25 A Yes, I have. 227 1 MR. POPE: Your Honor, I offer these 2 returns in evidence. The originals are 3 already in the file. 4 THE COURT: You want these in evidence? 5 MR. POPE: Yes, sir. 6 THE COURT: Okay. Any objection? 7 MR. MERRETT: No, Your Honor. 8 THE COURT: I'll make these the 9 Petitioner's Exhibit Number One today. 10 Please proceed. 11 MR. POPE: I have no further questions 12 of this witness. 13 THE COURT: Okay. Just a second. 14 (Whereupon, a pause in the proceedings took 15 place.) 16 They're in evidence. Mr. Merrett? 17 MR. MERRETT: No questions, Your Honor. 18 THE COURT: Mr. Howie? 19 MR. HOWIE: Nothing. 20 THE COURT: Sir, thank you for coming 21 and testifying. You're free to leave. Thank 22 you. 23 MR. POPE: Next witness is Neil Arfman. 24 25 228 1 Thereupon: 2 NEIL ARFMAN 3 was called as a witness and having been duly sworn, was 4 examined and testified as follows: 5 DIRECT EXAMINATION 6 BY MR. POPE: 7 Q Tell us your name and address, please, sir? 8 A Neil Arfman, 2523 Hickory Court, Clearwater, 9 Florida. 10 Q What's your occupation? 11 A I am a licensed private investigator. 12 Q Okay. Mr. Arfman, I want to show you a 13 verified affidavit of service. May I, Your Honor? 14 THE COURT: Yes. 15 (Whereupon, documents were reviewed.) 16 BY MR. POPE: 17 Q Can you identify that? 18 A Yes. It the affidavit that I signed. 19 Q All right. What does it reflect? Who did 20 you serve? 21 A It was a Rob Keller. 22 Q When did it occur? 23 A It occurred on the second day of December, 24 year 2000. 25 Q At what time? 229 1 A Appears to be ten o'clock in the morning. 2 Q And what was it you served on him? 3 A I served the injunction. 4 Q Number Two? 5 A That's correct. 6 MR. POPE: All right. No further 7 questions. 8 THE COURT: Okay. 9 MR. MERRETT: I wonder if counsel wanted 10 to move it in? 11 MR. POPE: Yeah, I would offer it into 12 evidence. I forgot about that. 13 THE COURT: I was waiting to see what 14 happens. Any objection? 15 MR. MERRETT: No, sir. 16 THE COURT: Okay. It's in evidence. 17 Please proceed. 18 MR. POPE: No further questions. 19 THE COURT: Mr. Merrett. 20 CROSS-EXAMINATION 21 BY MR. MERRETT: 22 Q Briefly. Sir, you're not a sheriff or 23 deputy sheriff, are you? 24 A I'm a retired deputy. I'm not a deputy now. 25 Q Okay. So in other words I understand that 230 1 former status and active status but the status under 2 which you serve process is as a certified or special 3 process server? 4 A No, only civilly. 5 Q Okay. Without being certified -- 6 A Not certified process server. 7 Q Special process server appointed by the you 8 sheriff? 9 A No. 10 MR. MERRETT: No further questions right 11 now. 12 THE COURT: Hold on. Just a minute. 13 MR. HOWIE: I have no further questions, 14 Your Honor. 15 THE COURT: Thank you. 16 REDIRECT EXAMINATION 17 BY MR. POPE: 18 Q You didn't serve a summons and complaint, 19 did you? 20 A No, I did not. 21 Q You served a copy of an injunction? 22 A That's correct. 23 MR. POPE: Thank you. 24 THE COURT: Anybody? 25 MR. MERRETT: No, sir. 231 1 THE COURT: Can we excuse me? 2 MR. POPE: As far as I'm concerned. 3 THE COURT: Sir, you're free to go. 4 Thank you for coming. Call your next 5 witness. 6 MR. POPE: Lindsey Colton. 7 Thereupon: 8 LINDSEY COLTON 9 was called as a witness and having been duly sworn, was 10 examined and testified as follows: 11 DIRECT EXAMINATION 12 BY MR. POPE: 13 Q Tell us your name and address, please? 14 A Lindsey Colton, 2194 State Road 580, 15 Dunedin, Florida 34698. 16 Q Your occupation? 17 A Private investigator. 18 MR. POPE: May I approach the witness, 19 Your Honor? 20 THE COURT: You may, sir. 21 BY MR. POPE: 22 Q Let me show you a verified affidavit of 23 service . 24 (Whereupon, documents were reviewed.) 25 Can you identify that? 232 1 A Yes, I can. 2 Q What is it? 3 A It's an affidavit I signed after serving the 4 Injunction Number Two on a Mr. Frank Oliver. 5 Q Did you actually make that service on him? 6 A Yes, I did. 7 Q What date and what time? 8 A On December 2 at 10:50 AM. 9 MR. POPE: I would offer this into 10 evidence, Your Honor. Any objection? 11 MR. MERRETT: No, Your Honor. 12 MR. HOWIE: None. 13 THE COURT: Okay. It will be received 14 as Petitioner's Number Three in evidence. 15 MR. POPE: I have no further questions. 16 THE COURT: Okay. Just a minute. All 17 right, it's in evidence. Proceed, 18 Mr. Merrett. Thank you. 19 CROSS-EXAMINATION 20 BY MR. MERRETT: 21 Q Ms. Colton, are you a certified process 22 server? 23 A Yes, I am. 24 Q By what judge? 25 A I'm sorry, I can't here. 233 1 Q By what judge? 2 A Chief Judge Alvarez's order. 3 Q Okay. Any other certifications? 4 A Yes, I'm a special process server in 5 Pinellas County by Everett Rice. 6 Q Do you have a professional connection with 7 Mr. Bellavigna? 8 A Yes, I do. 9 Q Is he a certified or special process server? 10 A You would have to ask him that. I'm not 11 sure which jurisdiction he's covered. 12 MR. MERRETT: I don't have anything 13 else. 14 MR. HOWIE: No questions, Your Honor? 15 THE COURT: Mr. Pope? 16 MR. POPE: Nothing further. 17 THE COURT: May she be excused? 18 MR. POPE: I'm going to use her later on 19 so she needs to stick around. 20 THE COURT: Okay. Ma'am, at this time 21 you may step down but Mr. Pope stated he 22 wants you to come back a little bit later, so 23 I can't excuse you. You will have to wait. 24 Thank you. 25 MR. MERRETT: I'm going to have to 234 1 interpose an objection at this point, bring 2 witnesses on piecemeal. I mean what he's 3 asking is simply not to be required to 4 examine the witness at this time. I mean 5 we're proceeding a pace on the case and I 6 think the witness gets to be called once and 7 then cross-examined. 8 MR. POPE: Your Honor, the next time I 9 call her I'm going to have her identify a 10 video and the video isn't set up yet and I 11 have a couple of other witnesses to do. 12 THE COURT: I'll allow you to do that at 13 this time. Let's move on. 14 MR. POPE: All right. Your Honor, with 15 regard on this next witness we will need to 16 set up the video playing procedure and I ask 17 the bailiff, if you can if that's the one 18 we're going to use -- 19 THE COURT: Let's do this. Let's take a 20 recess so we all don't sit and watch the 21 bailiff or you people all set this up and 22 whatever it takes and once it's all ready and 23 everybody is ready to come back we'll do it, 24 okay. We're in recess right now. 25 (A short recess took place after which the 235 1 proceedings continued.) 2 THE COURT: All right. Mr. Pope, sir, 3 call your next witness. 4 MR. POPE: Ahmed Elkamel. 5 Thereupon: 6 AHMED ELKAMEL 7 was called as a witness and having been duly sworn, was 8 examined and testified as follows: 9 DIRECT EXAMINATION 10 THE COURT: When they ask you to 11 identify yourself, can I get you to spell 12 your name? 13 THE WITNESS: Yes, sir. 14 THE COURT: And if I can get you to do 15 it slowly. Go ahead. 16 BY MR. POPE: 17 Q Tell us your name, please, sir? 18 A Yes, my last name is Elkamel. My first name 19 is A-H-M-E-D. 20 Q Will you spell them? 21 Q My first name is A-H-M-E-D and my last name 22 is E-L-K-A-M-E-L. 23 THE COURT: Thank you, sir. 24 BY MR. POPE: 25 Q Mr. Elkamel, your address? 236 1 A 511 North Saturn Avenue, Clearwater. 2 Q Sir, what is your occupation? 3 A Security officer. 4 Q For whom? 5 A For Church of Scientology Flag Service 6 Organization. 7 Q Mr. Elkamel, I direct your attention to 8 December 7, 2000 and ask you if were on that date 9 monitoring one of the cameras that filmed what was 10 going on on the Ft. Harrison Bank of Clearwater 11 Building on the east side of Ft. Harrison. 12 A Okay. 13 Q Were you? 14 A Yes, I was. 15 Q You need to speak up. 16 A Yes, I was. 17 Q All right. What did you observe at that 18 time? 19 A I saw a lady that was carrying two signs. 20 MR. MERRETT: I'm going to object at 21 this point, competence. There has been no 22 establishment that the medium which he 23 purports to make his observations is one that 24 transmits images of actual events. 25 Apparently, although we haven't laid a 237 1 predicate, what he is doing is simply looking 2 at a television screen and he is not entitled 3 to report to us what he's seen through a 4 television screen without somebody 5 establishing what it is that comes up on that 6 screen. 7 BY MR. POPE: 8 Q Would you explain to us how your system 9 works Mr. Elkamel. 10 A Yes, sir. I have different cameras and 11 different locations to monitor what's happening around 12 our property and I view them. They come live. I see 13 the picture of what's happening there. 14 Q At the same time do these camera make a 15 video recording? 16 A I record those, yes, sir, right away. 17 Q And you view it live as it happens? 18 A That's right. 19 Q Now what did you see on that date? 20 MR. MERRETT: Judge, I have to reraise 21 the objection. The fact is he hasn't seen 22 anything live. He's seen television pictures 23 of something. 24 MR. POPE: Your Honor, that is -- 25 MR. MERRETT: That is the bottom line. 238 1 The witnesses are people that see things. I 2 can tell you all about Who Wants To Be A 3 Millionaire last night but you know what? If 4 somebody shot Regis, I'm not going to be able 5 to testify to it. 6 MR. POPE: Your Honor, when a man is 7 operating a video camera and has his eye at 8 the eyepiece, he's seeing through a lens. 9 He's seeing -- it's the same principle. That 10 the man happened to be a block or two away 11 makes no difference whatever as to the 12 reliability of it. 13 THE COURT: Hold on just a minute. 14 Mr. Merrett, sir. 15 MR. MERRETT: Yes, sir. 16 THE COURT: Would you bring forward the 17 case you're relying on, please? 18 MR. MERRETT: Your Honor, it's no case. 19 It's the simple rule or competence. A 20 witness is capable of testifying only to what 21 he personally observed. What he personally 22 observed was not an event. What he 23 personally observed was a motion picture on 24 the television screen. 25 He had been on the street he might have 239 1 personally observed what happened there. 2 THE COURT: Okay. I understand your 3 argument. Overruled proceed. 4 BY MR. POPE: 5 Q All right. What did you see? 6 A Sir, I saw a lady walking by the Clearwater 7 Bank Building. She was carrying two signs and walking 8 southbound on the sidewalk on Ft. Harrison Avenue. 9 Q Did you recognize this person? 10 A Yes, sir. 11 Q Who is it? 12 A It was Tory Bezazian. 13 Q Was this right next to the Bank of 14 Clearwater Building on the sidewalk? 15 A That's correct. 16 Q Have you seen the video that your equipment 17 made of this event? 18 A Yes, sir. 19 Q Is it a true and accurate representation of 20 what you observed? 21 A Yes, sir. 22 MR. POPE: All right. Your Honor, I'll 23 offer it. We would like to play it for the 24 court. It's just a minute or so long. 25 THE COURT: Yes? 240 1 MR. MERRETT: Your Honor, at this time 2 whatever the object is that counsel intends 3 to present to the court has not been 4 authenticated as anything. At this point the 5 witness has testified that there is somewhere 6 a videotape of what he watched on TV which 7 the court is apparently inclined to accept, 8 but at this point we don't know -- there is 9 no authentication of the object which is to 10 be tendered and we've seen enough videotapes 11 in this courtroom for that to be a necessary 12 step. 13 MR. POPE: Pardon me, Your Honor, for 14 trying to speed this up. 15 THE COURT: Mr. Pope, I appreciate your 16 interest in time, but as I stated earlier 17 when this was scheduled, this is very 18 important matter that involves many people in 19 the community and as we have seen earlier in 20 some of these other hearings, vast numbers. 21 I believe at one time I counted 11 patrol 22 cars from the City of Clearwater involved in 23 one of these instances between the parties 24 and I'd like it that we not cut corners. 25 MR. POPE: All right. 241 1 THE COURT: Dot all I's cross all T's 2 and proceed appropriately and that applies to 3 both sides, everyone. 4 MR. POPE: May I approach the witness? 5 THE COURT: Yes, sir. 6 BY MR. POPE: 7 Q Is that the video that you have previously 8 seen that reflects the incident you just testified to. 9 A I'm actually not sure. It's the label that 10 throws me off here. 11 Q If you see it can you identify it? 12 A I'd have to see it, yes, sir. 13 MR. POPE: All right, Your Honor, may I 14 have the witness identify it from sight since 15 he seems to be confused and I'm pretty sure 16 he can identify it if he sees the first frame 17 or two of it. 18 (Whereupon, a pause in the proceedings took 19 place.) 20 THE COURT: In case there's a problem 21 here, this is a bench trial. I'm going to 22 step out for a minute. 23 MR. POPE: All right. 24 THE COURT: Have you seen it? You don't 25 even know what he's purporting to show? 242 1 MR. MERRETT: I do no which videotape. 2 THE COURT: Here's what I'm going to do. 3 Just so there is not a problem, I'm going to 4 step out and then if there is a problem, as 5 officers of the court I know you will tell me 6 and so we won't try to spin wheels that don't 7 to be spun. 8 (Thereupon, a short recess was taken, after 9 which the proceedings continued.) 10 THE COURT: Mr. Pope, can we proceed? 11 BY MR. POPE: 12 Q Mr. Elkamel, is the tape that you just 13 looked at a true and accurate representation of what 14 you saw on December 7, 2000? 15 A Yes, sir. 16 MR. POPE: All right. I'd ask the offer 17 that into evidence and ask to offer to 18 publish it to the court, Your Honor. 19 THE COURT: Any objection, except for 20 the prior objections so noted for the record 21 reserved. 22 MR. MERRETT: Other than that, 23 relevance, Your Honor. 24 THE COURT: Okay. I understand. 25 Overruled. We'll proceed and let the record 243 1 reflect you prior objections are reserved. 2 MR. MERRETT: Yes, sir. 3 THE COURT: Mr. Howie. 4 MR. HOWIE: I would just join in that 5 objection. 6 THE COURT: Let the record so reflect. 7 MR. MERRETT: Your Honor, may the 8 parties position themselves so they can view 9 the tape? 10 THE COURT: Yeah. Wait a minute. Time 11 out. Let's do this. I have a better idea. 12 Mr. Elkamel, you and I are going to step down 13 and I'm going to ask them to spin that around 14 and we'll go over there and stand and take a 15 look, okay, and see what's up. 16 (Whereupon, videotape was played for the 17 court.) 18 MR. POPE: That's it, Your Honor. I 19 have no further questions of this witness. 20 THE COURT: Mr. Merrett, give him a 21 chance to come and be seated and we'll give 22 you a chance for cross-examination. 23 MR. MERRETT: Yes, sir. 24 MR. POPE: Your Honor, did you receive 25 that into evidence yet? 244 1 THE COURT: No, I haven't marked it. I 2 said I would receive with him reserving all 3 his objections and everything for the record, 4 but I didn't want to make you yank it out and 5 then put it back and all, so if you would 6 please, once we're through using in the 7 machine, then hand it to me so I'll affix the 8 sticker to it. 9 CROSS-EXAMINATION 10 BY MR. MERRETT: 11 Q Mr. Elkamel, can you see this whole TV 12 screen here? 13 A Yes. 14 Q Okay. What I want to ask you first is where 15 is it that you sit to monitor these cameras? Where is 16 your office located. 17 A I'm located in the Ft. Harrison Building. 18 Q The hotel? 19 A That's correct. 20 Q And how many camera feeds do you receive 21 there? 22 A Excuse me? 23 Q How many camera feeds do you receive there? 24 How many cameras are you able to monitor from that 25 location? 245 1 A Over a hundred. 2 Q How many of those are focused on areas that 3 inside the limits of property which is owned or leased 4 by Scientology? 5 A All of them. 6 Q Well, I'm assuming that you don't think 7 Scientology owns the sidewalk on Ft. Harrison Avenue, 8 right? 9 A The whole sidewalk, no, we don't own the 10 sidewalk. 11 Q Okay. What I'm askers you is of those 12 hundred or more cameras, how many of them are on the 13 inside looking on the inside of Scientology property? 14 A I'm not sure exactly. 15 Q And where you sit and receive feeds not only 16 from downtown Clearwater but also from cameras out at 17 Hacienda Gardens; is that correct? 18 A No, it is not correct. 19 Q Okay. So this hundred or more cameras is 20 all in the downtown Clearwater area, correct? 21 A Partially correct. Different buildings and 22 different locations. 23 Q Well, where are they other than in downtown 24 Clearwater? 25 A There's some warehouses way, several blocks 246 1 away, all over, all over the place. 2 Q Now, how many people work with you in that 3 area monitoring these cameras? 4 A One other person. 5 Q Who is that? 6 A His name is Danar Hoverson. 7 Q Can you spell that first name? 8 A D-A-N-A-R. 9 Q And his last name? 10 A Hoverson, H-O-V-E-R-S-O-N. 11 Q Now the feed that you receive from these 12 cameras, does that come via a hard wire or via some 13 sort of radio wave transmission? 14 A Both, I believe. 15 Q Some cameras are one and some are the other? 16 A Yes. 17 Q Okay. And obviously we can see from the 18 video that you or somebody has the ability to 19 manipulate the camera, right? 20 A This one, yes. 21 Q Okay. How many of that hundred or more 22 cameras that Scientology has looking around downtown 23 are not able to be remotely controlled? 24 A I'm not sure, exactly. 25 Q Most of them can be remotely controlled, 247 1 right? 2 A No. Most of them don't move. Most them are 3 a fixed camera. 4 Q Okay. Do the two little cameras in the 5 junction box on Waterson Avenue, are they monitored 6 from the place where you are? 7 A Which one is that? 8 Q On the north end of the bank building, the 9 two little cameras in the junction box that are 10 pointed north on Waterson? 11 A Yeah. 12 Q Okay. Are there any other monitoring 13 stations for any of the cameras in downtown Clearwater 14 other than the monitoring station that you occupy? 15 A No. 16 Q Okay. Now, if you will, let's take a look 17 at the exhibit which you just authenticated. First of 18 all, I want to ask you again -- 19 THE COURT: Hold on. Time out. Stop 20 it. We'll step down and have you sit on the 21 front row there closest to the gate. We'll 22 call that a witness box. I will sit over 23 here in the chair by the bailiff, well, 24 somewhere where I can see and ask you to turn 25 it around so everybody here can see, these 248 1 other parties. Everybody here has the right 2 to see this. So let's do this. You and I 3 will step down again, okay? 4 THE WITNESS: Yes, sir. 5 (Whereupon, a pause in the proceedings took 6 place.) 7 MR. MERRETT: May I proceed, Your Honor? 8 THE COURT: Yes, sir. 9 BY MR. MERRETT: 10 Q All right, sir, I'm going to start the 11 video. Now first off let me ask you where is the 12 camera that took this picture? 13 A This is the Westcoast building so that's the 14 corner of Ft. Harrison and Drew Street. 15 Q Ft. Harrison and Drew, and this I think we 16 see is a remote control camera? 17 A That's correct. 18 THE COURT: Excuse me. The cameras that 19 was taking this is on the Westcoast Building? 20 THE WITNESS: Yes, sir. 21 THE COURT: Okay. 22 BY MR. MERRETT: 23 Q Now, are you the person who was responsible 24 for maneuvering the camera at this time? 25 A Yes, sir. 249 1 Q Okay. Now, let me ask you this. The time 2 stamp here is 135107, right? 3 THE COURT: Where do you see that? 4 MR. MERRETT: Top of the screen, Judge. 5 THE COURT: I see. Okay. 6 BY MR. MERRETT: 7 Q The film taken from the Westcoast Building 8 actually continues in time beyond the point at which 9 it stops and switches to another camera, right? 10 A Okay. 11 Q You have additional footage taken from the 12 camera at the Westcoast Building beyond what you've 13 just shown us, correct? 14 A That's correct. 15 Q Okay. And then this camera here is located 16 on the corner of the Coachman building; is that right? 17 A Correct. 18 Q Okay. And this is also a camera we can see 19 you're tracking here, this is another one that you can 20 manipulate, right? 21 A Correct. 22 Q And you're the individual who is 23 manipulating that camera? 24 A That's right. 25 Q Okay. Now, can you tell the court, please, 250 1 who it is that physically spliced these tapes and put 2 them together? 3 A Who put them together? I do that. 4 Q Okay. So you have the raw complete tapes 5 and you turn them into this composite tape; is that 6 right? 7 A This one? 8 Q Well, I'm sure that there's a copy of -- 9 A Yeah, I'm not sure about that one exactly. 10 Q But in terms of the instrument of this set 11 of the picture, you're the one who put it together, 12 right? 13 A That's right. 14 Q Okay. Now, I want to ask you about the 15 way -- the appearance of these pictures? Why are 16 these pictures jerky like this? 17 A I'm not sure, sir. 18 Q And all that you're able to tell us today if 19 I understand correctly is that what we're seeing on 20 this tape is what you saw on one of the monitors in 21 camera, right? 22 A That's correct. 23 Q Now, let me ask you what it is that the 24 caused you to turn your attention and your cameras to 25 Ms. Bezazian? 251 1 A Ms. Bezazian was in front of the Clearwater 2 Bank Building with signs. 3 Q Uh-huh. Did you know who she was? 4 A Yes. 5 Q How did you know who she was? 6 A Because I know who she is? 7 Q Is that because you dated her or what? 8 A No, because I seen her before an I heard her 9 name. 10 Q Okay. Where had you seen her before? 11 A Um, the Sand Castle. 12 Q Who told you her name? 13 A I believe she told me. 14 Q You had photographs of her delivered to you, 15 right, or shown to you? 16 A No. 17 Q No. So the way that you know her name is 18 what you're telling us is she introduced herself to 19 you at the Sand Castle? 20 A Yeah. 21 Q Was this while she was taking courses at the 22 Sand Castle? 23 A I believe so. I don't know exactly. 24 Q How long ago was that? 25 A Um, I'm not sure; 1993 or something like 252 1 that. 2 Q The last question I have for you is you told 3 us how you decided to point your camera on 4 Ms. Bezazian. How did you decide where to begin and 5 end the videotape? 6 A Not videotape. I video all my cameras. 7 Q Uh-huh. How did you decide how you were 8 going to put this particular collection together? 9 A Um, just the part that she violates the 10 injunction. 11 Q And she is violating the injunction how, 12 according to you? 13 A She is demonstrating in front of the 14 Clearwater Bank Building. 15 Q Uh-huh. 16 A And per the injunction she is not supposed 17 to. 18 Q If you would please, take at look at Your 19 Honor, if you would and tell him how many of these 20 other people who are seated in this room who you have 21 videotaped? 22 A I'm sorry? 23 Q How many of the other people seated in this 24 room have you videotaped in connection with your work 25 at Scientology? 253 1 THE COURT: If you want to stand up and 2 turn around so you can view all the people 3 over there and take a moment and do that. 4 MR. POPE: While he's doing that, Your 5 Honor, I have allow him pretty wide latitude 6 beyond the scope of my direct. This has 7 nothing to do with my direct examination 8 about who else he may have videotaped. This 9 is totally out of the scope of direct. 10 THE COURT: Mr. Merrett? 11 MR. MERRETT: Your Honor, in my 12 experience latitude comes from the court. 13 THE COURT: I'm sorry? 14 MR. MERRETT: In my experience, Latitude 15 comes from the court and is commended to the 16 sound instruction of the court. I think this 17 is an appropriate question. He's testified 18 regarding his activities as a monitor of 19 Scientology's video surveillance network and 20 that why I'm attempting to cross. 21 THE COURT: All right. I understand 22 first the law on discretion. Two, I 23 understand Mr. Pope's objection. But, three 24 I'm overruling it because he has testified 25 that he monitors all these cameras and are 254 1 everything else and sees people on this 2 videotape a lot. I'm allowing it. Go ahead. 3 you may move about. 4 THE WITNESS: What's the question again? 5 BY MR. MERRETT: 6 Q The question is that -- 7 THE COURT: Speak up please. Remember, 8 you have your back to the court reporter. 9 BY MR. MERRETT: 10 Q How many of the people here wearing the 11 white roses have you videotaped; all of them at one 12 time or another, haven't you? 13 A I'd say most of them. I recognize a couple. 14 MR. MERRETT: Okay. I don't have 15 anything further, Your Honor. 16 THE COURT: Mr. Howie. 17 MR. HOWIE: May it please the court? 18 THE COURT: Yes, sir. 19 CROSS-EXAMINATION 20 BY MR. HOWIE: 21 Q Mr. Elkamel, Mr. Merrett asked you why these 22 videos were so jerky. Isn't it a fact that when these 23 are initially recorded off the camera they are 24 recorded digitally; isn't that correct? 25 A No, it's not, sir. 255 1 Q It your testimony that they're recorded 2 directly on videotape? 3 A Yes, sir. 4 Q And then you copy from one video tape to 5 another? 6 A That's correct. 7 Q And they come out jerky like this? 8 A I don't know which copy the come from. 9 Q Is it your testimony that these images are 10 only placed on conventional videotape and through no 11 other medium? 12 A That is correct. Through a camera lens, 13 through a monitor and the recording. 14 Q And that recording device is a VHS tape? 15 A I'm not sure about that actually. 16 Q Okay. So, you're not sure that it's 17 recorded on -- 18 A It's recorded on regular tapes. 19 Q Do you have the capacity to record these 20 video images digitally? 21 A No, I don't do any digital recordings. 22 THE COURT: Let's do this. Let's go 23 back to the front. 24 MR. HOWIE: Your Honor, that concludes 25 my questions. 256 1 THE COURT: Mr. Howie, I thought I heard 2 you but I'm not sure. Did you have more 3 questions? 4 MR. HOWIE: That concludes my questions, 5 Your Honor. 6 THE COURT: Of this witness. 7 MR. HOWIE: Yes. 8 THE COURT: Okay. Yes. Mr. Pope. 9 REDIRECT EXAMINATION 10 BY MR. POPE: 11 Q Just one. Mr. Elkamel, do you know whether 12 the remote video camera in question does it's 13 photography on a time lapse basis; does that mean 14 anything to you? 15 A Yes. It does. No, these or like realtime. 16 The4y can be played on a real VCR. 17 Q Was this time lapses on this particular 18 camera? 19 A No. 20 MR. MERRETT: Objection, asked and 21 answered. 22 MR. POPE: Excuse me, I didn't 23 understand his answer. 24 MR. MERRETT: If I may, Your Honor, the 25 question was was this recording done 257 1 digitally and the answer was no. I don't 2 think that's subject to misinterpretation. 3 MR. POPE: Your Honor, I'm not asking 4 about the digital. I said time lapse, time 5 lapse photography is -- 6 THE COURT: Overruled. Proceed. 7 BY MR. POPE: 8 Q Now, did you understand my question 9 about -- my question is was this camera a type lapse 10 camera? 11 A No, it's not, sir. 12 Q Okay. 13 A It's realtime. 14 Q Thank you. 15 MR. MERRETT: Nothing further, Your 16 Honor. 17 MR. HOWIE: Nothing further. 18 THE COURT: Okay. All right. Sir. You 19 May step down. And have a seat back out 20 there. Let me have that please. Thank you 21 very much, Mr. Bailiff. Let me get this in 22 evidence. Bear with me please. 23 (Plaintiff's Exhibit Four was admitted into 24 evidence.) 25 All right, it's in evidence. The case 258 1 number is on there, Plaintiff's Exhibit 2 Number Four, today's date and my initials. 3 Ladies and gentlemen, by the courtroom 4 clock it is ten of five, 1650 hours. We 5 have been going since nine o'clock this 6 morning. This is an appropriate break time. 7 We will adjourn for today. 8 We will pick it back up tomorrow. The 9 court is not unmindful that we've got two 10 things going on here. One, we're faced with 11 urgency on this particular court proceeding 12 and attempt to get these matters resolved 13 and trying to them see if some peace and 14 harmony can come in the Clearwater area. 15 I am also aware that one of parties here 16 is a church. So rather than start at nine 17 o'clock tomorrow morning, we'll pick this up 18 at 12:30 and we will go until 6:30 tomorrow 19 night. I'll see you all at 12:30. Thank 20 you very much. 21 (Thereupon, the trial was adjourned to 22 reconvene at 12:30 P.M. on February 11, 2001.) 23 End of Volume II 24 25