CASE NO. 99-7430-CI-08


       1              IN THE CIRCUIT COURT IN AND FOR
                          PINELLAS COUNTY, FLORIDA

       3                   CASE NO. 99-7430-CI-08


       5   ----------------------------------------X
           ORGANIZATION, INC., a Florida           :
       7   corporation,                            :
       8                       Petitioner,         :
       9   vs.                                     :
      10   ROBERT S. MINTON, JR., ET AL.,          :
      11                       Respondents.        :
                 BEFORE:      The Honorable THOMAS E. PENICK, JR.
                 PLACE:        Pinellas County Judicial Building
      14                       545 First Avenue North
                               St. Petersbrg, Florida
                 DATE:         February 10, 2001
                 TIME:         2:30 P.M.

      18         REPORTED BY:  JACKIE L. OSTROM
                               Court Reporter

      20    ---------------------------------------------------
                            ORDERS TO SHOW CAUSE
      21    ---------------------------------------------------
                                                    Pages 177-258
      22                                            Volime II

                      ROBERT A. DEMPSTER & ASSOCIATES
      24                        P.O. BOX 35
                            CLEARWATER, FLORIDA
      25                       (727) 443-0992


       1                        APPEARANCES

           The Honorable THOMAS E. PENICK, JR.

           911 Chestnut
       6   Clearwater, Florida

       8   740 Broadway, Fifth Floor
           New York, New York  10003
           Attorneys for Church of Scientology Flag Ship
      10   Organization


      13   2716 Herschel Street
           Jacksonville, Florida  32205

      16   5720 Central Avenue
           St. Petersburg, Florida  33707

      18   Attorneys for Robert Minton and
           Lisa McPherson Trust, Inc.







.                                                                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.





.                                                                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.


.                                                                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.


.                                                                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

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       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.



.                                                                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.

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       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,

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       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?

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       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.

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       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


       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


       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