CASE NO. 99-7430-CI-08

                      IN THE CIRCUIT COURT IN AND FOR
                          PINELLAS COUNTY, FLORIDA

                           CASE NO. 99-7430-CI-08

           ORGANIZATION, INC., a Florida           :
           corporation,                            :
                               Petitioner,         :
           vs.                                     :
           ROBERT S. MINTON, JR., ET AL.,          :
                               Respondents.        :

                 BEFORE:      The Honorable THOMAS E. PENICK, JR.

                 PLACE:        Pinellas County Judicial Building
                               545 First Avenue North
                               St. Petersburg, Florida

                 DATE:         Februry 12, 2001

                 TIME:         9:40 A.M.

                 REPORTED BY:  JACKIE L. OSTROM
                               Court Reporter

                            ORDERS TO SHOW CAUSE
                                                    Pages 436-550
                                                    Volume IV

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



           The Honorable THOMAS E. PENICK, JR.

           911 Chestnut
           Clearwater, Florida

           740 Broadway, Fifth Floor
           New York, New York  10003

           Attorneys for Church of Scientology Flag Ship

           2716 Herschel Street
           Jacksonville, Florida  32205

           5720 Central Avenue
           St. Petersburg, Florida  33707

           Attorneys for Robert Minton and
           Lisa McPherson Trust, Inc.

.                                                                438

       1                        PROCEEDINGS

       2            THE COURT:  All right.  Let me do

       3       something real quick.  Let's check in with

       4       the beeper and cell phone representatives.

       5       You got everything under control?  Good deal.

       6       Thank you all.

       7            Okay.  Boy, that just goes on and on.

       8        They just had an incident over there with

       9        the jurors and even after they asked him to

      10        please quit talking in court, he didn't

      11        quite understand.

      12            Okay.  All right.  We're ready to

      13        proceed and Mr. Pope.

      14            MR. POPE:  My next witness is Lindsey

      15       Colton, Your Honor.

      16            THE COURT:  Okay.  Please come forward.

      17       Now she was placed under oath on Saturday and

      18       I'm going to continue her under the oath that

      19       I put her under Saturday and, ma'am, you do

      20       understand that I'm asking you to tell the

      21       truth and continue to tell the truth, okay.

      22       Thank you.

      23            Come on up and have a seat and I warned

      24        you about that chair on Saturday.

      25            All right.  Go ahead, Mr. Pope, sir.

.                                                                439

       1                     DIRECT EXAMINATION

       2   BY MR. POPE:

       3        Q    Refresh us with your name and occupation,

       4   please?

       5        A    Lindsey Colton.  I'm a private investigator.

       6        Q    I want to call your attention to the date of

       7   January 5, 2001 and ask you if you were asked to serve

       8   some form of a document on Mr. Minton on that day?

       9        A    Yes, I was.

      10        Q    What was it that you were asked to do?

      11            MR. MERRETT:  Objection.  Relevance.

      12       He's already abandoned this allegation

      13       yesterday.

      14            That's why the tape was chopped up again

      15        was because he was eliminating the evidence

      16        regarding Mrs. Colton's activities on the

      17        fifth which is what was removed from the

      18        tape.

      19            MR. POPE:  Your Honor.

      20            THE COURT:  Yes, sir.

      21            MR. POPE:  I was not abandoning the

      22       argument.  What I did was I split the tape up

      23       because part of it related to her testimony

      24       and part of it related to Antonio's

      25       testimony.

.                                                                440

       1            THE COURT:  All right.  I'll see where

       2       this is going.  Let's proceed.

       3            MR. POPE:  I did not signal to the court

       4       that I was abandoning anything.  I just split

       5       the tape up.

       6            THE COURT:  Okay.  I understand.  Go

       7       ahead, sir.

       8   BY MR. POPE:

       9        Q    What were you asked to do?

      10        A    I asked to serve two federal subpoenas on

      11   Mr. Minton, along with several other documents, an

      12   order to show cause an injunction and many other

      13   documents.

      14        Q    Are you a licensed process server?

      15        A    Yes, I am.

      16        Q    In which jurisdiction?

      17        A    In Pinellas County and in Hillsborough

      18   County.

      19        Q    All right.  Now, where did you attempt this

      20   service?

      21        A    On the street in Waterson Avenue along the

      22   sidewalk.

      23        Q    All right.  Would you describe how you began

      24   the effort?

      25        A    Yes, I did.  I came along the sidewalk.

.                                                                441

       1   Mr. Minton was parking his vehicle and as I came to

       2   the brake light of the vehicle, Mr. Minton and I made

       3   eye contact in the rear view mirror and he swung open

       4   his door on the left-hand side, the driver's door, and

       5   jumped out and started shouting at me and threatened

       6   that if I came within ten feet he would kill me and I

       7   proceeded to follow him and telling him who I was and

       8   what documents I had and he ran up the step to the

       9   McPherson Trust Building and he ran inside and as I

      10   was telling him, he pulled the door too and I slid the

      11   documents into the door.  After even he pulled the

      12   door to -- he opened it back up and as I turned around

      13   he chased after me shouting at me and threw the

      14   documents at me.

      15        Q    What did you do thereafter, if anything?

      16        A    I walked away.

      17        Q    All right.  Let me show you a videotape.

      18   May I, Your Honor?

      19            THE COURT:  You may.

      20   BY MR. POPE:

      21        Q    Can you identify that?

      22        A    Yes.  This is the videotape of the incident.

      23        Q    Is it the incident that you were involved

      24   in?

      25        A    Yes.

.                                                                442

       1        Q    Have you viewed it?

       2        A    Yes, I have.

       3        Q    Is it a true and accurate depiction of the

       4   event you just testified to?

       5        A    Yes, it is.

       6            MR. POPE:  I offer it into evidence,

       7       Your Honor.

       8            THE COURT:  Sir?

       9            MR. MERRETT:  I would object to

      10       relevance.  If everything she just said is

      11       true, it doesn't constitute a violation of

      12       any portion of the injunction.

      13            MR. HOWIE:  Your Honor, we join in this.

      14            THE COURT:  Thank you, sir.  I'll allow

      15       it in.  Let's see where it goes.

      16            MR. POPE:  Okay.

      17            THE COURT:  Let me -- that will be your

      18       number ten, I believe.

      19             (Plaintiff's Exhibit Ten was marked and

      20        admitted into evidence.)

      21            MR. POPE:  May I publish this?

      22            THE COURT:  Yes.

      23            MR. MERRETT:  Your Honor, before that is

      24       published I would ask you again that opposing

      25       counsel be permitted to cross-examine the

.                                                                443

       1       witness before he refreshes the recollection

       2       by watching the video.

       3            THE COURT:  Okay.  We'll go that way and

       4       Mr. Howie.

       5            MR. HOWIE:  Your Honor, since this

       6       pertains to Mr. Minton, I'll go first.

       7            THE COURT:  You may.

       8                     CROSS-EXAMINATION

       9   BY MR. HOWIE:

      10        Q    Ma'am, how did you know that Mr. Minton was

      11   going to be there at that particular time?

      12        A    I didn't.

      13        Q    You waited for him on the sidewalk?

      14        A    Yes, I waited for him at the building;

      15   around the area.

      16        Q    And you waited for how long?

      17        A    Probably 45 minutes.

      18        Q    Okay, and this was on the afternoon of

      19   January 5?

      20        A    Yes.

      21        Q    And so you knew Mr. Minton was in town?

      22        A    I was told he was in town.

      23        Q    All right.  You were also told that he was

      24   arriving in town on that day from the airport, were

      25   you not?

.                                                                444

       1        A    No.

       2        Q    All right.  You were not told he was coming

       3   from the airport at that time?

       4        A    No.

       5        Q    You were simply told that you could expect

       6   that he would arrive sometime that afternoon?

       7        A    Correct.

       8        Q    And who told you this?

       9        A    I believe it was Joyce from the Church.

      10        Q    By what means were you told this?

      11        A    Verbally.

      12        Q    On the phone or personally?

      13        A    Personally.

      14        Q    This was when you were supplied the papers

      15   to be served?

      16        A    Yes.

      17        Q    All right.  And you reviewed those papers,

      18   did you not?

      19        A    Yes.

      20        Q    As a matter of fact, as a process server

      21   it's your responsibility to know what papers you are

      22   serving?

      23        A    Correct.

      24        Q    So that you can make out an affidavit saying

      25   this paper, this paper, and this paper were served?

.                                                                445

       1        A    Correct.

       2        Q    In fact, you provided an affidavit to that

       3   effect?

       4        A    Correct.

       5        Q    Now, you say that Mr. Minton pulled up in a

       6   car.  Were you seated in a car when he pulled up?

       7        A    No.

       8        Q    Where were you at physically when he pulled

       9   up?

      10        A    I was several feet away.  I was by one of

      11   the doorways along side of the Watterson Avenue.

      12        Q    All right.  Of the Clearwater Bank Building?

      13        A    Yes.

      14        Q    And that's where you waited for 45 minutes?

      15        A    No, I waited all the way around.  I waited

      16   in the front of the building, on the side of the

      17   building.  I moved.

      18        Q    Now, you indicated that Mr. Minton saw you

      19   while he was still parked or still seated in his car

      20   through rear view mirrors?

      21        A    Right.

      22        Q    And at that point he exited from the car and

      23   your testimony is that he threatened to kill you?

      24        A    Correct.

      25        Q    And he used the pronoun "you"?

.                                                                446

       1        A    No.  Well, I believe it was -- my

       2   recollection it was "you".  Let me think.  It happened

       3   so fast.  If you come within ten feet of me I will

       4   kill -- um, you guys.  It could have been "you guys".

       5        Q    Okay.

       6        A    I can't recall the exact words.  It happened

       7   to fast.

       8        Q    Didn't he in fact say you come within ten

       9   feet of me and you guys are going to get killed?

      10        A    Could very well be.

      11        Q    How many times did you get a chance to

      12   review this videotape that we're about to play?

      13        A    Once.

      14        Q    And when did you review that?

      15        A    At the time of -- just shortly after it

      16   happened.

      17        Q    So, you have not reviewed this videotape for

      18   a little over a month, five weeks?

      19        A    Um, no, I correct that.  Sorry.  I saw it on

      20   Saturday afternoon; Saturday afternoon in the

      21   courtroom.

      22        Q    All right.  By Saturday afternoon in the

      23   courtroom, you mean just two days ago?

      24        A    Correct.

      25        Q    Now, you indicated in your testimony that

.                                                                447

       1   after he said come within ten feet of me you guys are

       2   going to get killed, didn't he in fact turn and walk

       3   away from you?

       4        A    He was running from me, correct.

       5        Q    He was running from you?

       6        A    Yes.

       7        Q    And didn't you in fact have to run or trot

       8   after him?

       9        A    Yes.

      10        Q    In order to catch up with him at the door?

      11        A    Yes, I did.

      12        Q    And when you got to the door he was trying

      13   to close the door on you, correct?

      14        A    Correct.

      15        Q    But the door was still open enough that you

      16   were able to get the papers through the door?

      17        A    Correct.

      18        Q    All right.  Now, at that point you turned

      19   around and walked away?

      20        A    Correct.

      21        Q    All right.  And you had your back to

      22   Mr. Minton as you walked away?

      23        A    Correct.

      24        Q    That is you didn't walk backwards or turn

      25   around and face him.  You simply walked away?

.                                                                448

       1        A    Correct.

       2        Q    And as you were walking away, you made an

       3   announcement, he has been served?

       4        A    Correct.

       5        Q    Now, is there some tradition or custom or

       6   legal requirement that a process server upon serving

       7   papers has to announce out loud that you have been

       8   served or he has been served?

       9        A    Not that I know of, but I had told

      10   Mr. Minton he was served.  The "he has been served"

      11   was addressed to my husband that I was facing.

      12        Q    And for purposes of the record, your

      13   husband's name is?

      14        A    Greg Colton.

      15        Q    Okay.  Where was Mr. Colton?

      16        A    In front of me.

      17        Q    Okay.  Was he operating to video camera?

      18        A    Yes, he was.

      19        Q    Were there any other video cameras aimed in

      20   your general direction at that time?

      21        A    Not that I know of.

      22        Q    The videotape that we're about to see was in

      23   fact viewed by your husband, Mr. Colton?

      24        A    Yes, it was.

      25        Q    Concerning the statement, "He has been

.                                                                449

       1   served" were you present in the courtroom when

       2   Mr. Kronschnabl, I believe on Saturday, testified that

       3   he made the same statement out loud after serving Jeff

       4   Jacobsen at the Lisa McPherson Trust Building?

       5        A    Yes, I was.

       6        Q    And, again, it's your testimony that it's

       7   not traditional, customary or legal obligation that a

       8   process server announce out loud he has been served?

       9        A    Not in that terminology.  You usually, when

      10   you are addressing the individual and telling them

      11   what you are serving them with, you are telling them

      12   that you are being served so you don't have to make

      13   the statement that you're served.

      14        Q    All right.  So your statement was really for

      15   the benefit of your husband and for the videotape that

      16   he was making, correct?

      17        A    Correct.

      18        Q    Now, you say that you were walking away, you

      19   were facing the cameras and you were facing your

      20   husband when you make the statement, correct?

      21        A    Correct.

      22        Q    And in the meantime it's your testimony that

      23   Mr. Minton threw these papers at?

      24        A    Correct.

      25        Q    But your back was to Mr. Minton, correct?

.                                                                450

       1        A    Correct.

       2        Q    You did not see him throw the papers, did

       3   you?

       4        A    No, I heard him as he was shouting at me to

       5   get my ass out of there, I heard the papers come by my

       6   head.

       7        Q    Come by your head?

       8        A    Yeah, come towards me.  You could hear the

       9   wind.  The wind actually threw the papers.

      10        Q    You actually didn't see where the papers

      11   went?

      12        A    No, not until I viewed the videotape.

      13        Q    And you didn't see which way he threw those

      14   papers, did you?

      15        A    No.

      16        Q    Isn't it a fact that according to the

      17   videotape, Mr. Minton didn't throw them in your

      18   direction, in fact he threw them straight down on the

      19   sidewalk in front of him?

      20        A    No.

      21        Q    That's not your testimony?

      22        A    No, that's not my testimony.

      23        Q    And you viewed this videotape?

      24        A    Correct.  I would say the wind blew them.

      25   Because they were bunched together, the wind actually

.                                                                451

       1   blew them.  It was quite a windy day.

       2        Q    All right.  So it's you're testimony that

       3   when we see this videotape it will clearly show

       4   Mr. Minton throwing the papers at you and not just

       5   down on the sidewalk?

       6        A    Yes.

       7        Q    And it's further your testimony that the

       8   only reason you know this is because you, yourself,

       9   saw the videotape?

      10        A    Correct, and the fact that he was getting

      11   louder so I know he was approaching me when he was

      12   shouting at me.

      13        Q    All right.  So, it was your impression that

      14   he was approaching you?

      15        A    Correct.

      16        Q    And the videotape will show him approaching

      17   you, following you?

      18        A    Yes.

      19        Q    As you walked away southbound on Watterson

      20   on the sidewalk?

      21        A    He stopped when I came along side my

      22   husband, passed my husband when he saw the video

      23   camera.

      24        Q    At any time, whether on or off the video did

      25   you eventually turn around and face Mr. Minton and

.                                                                452

       1   observe what he was doing?

       2        A    Yes.

       3        Q    Okay.  At what point did you do that?

       4        A    When I passed my husband.

       5        Q    All right.  So once you were off camera you

       6   turned around and you faced Mr. Minton?

       7        A    Correct.

       8        Q    By that time wasn't he heading back into the

       9   Lisa McPherson Trust Building?

      10        A    Yes, he was.

      11        Q    Now, in fact, other than what you've

      12   testified to, Mr. Minton made no aggressive moves

      13   towards you or your person, did he?

      14        A    Not if you discount the threat and vulgar

      15   language, no.

      16        Q    All right.  And, in fact, he never touched

      17   you or had physical contact with you in any way, did

      18   he?

      19        A    No.

      20            MR. HOWIE:  Thank you.  I don't have any

      21       further questions.

      22            THE COURT:  Mr. Merrett.

      23                     CROSS-EXAMINATION

      24   BY MR. MERRETT:

      25        Q    Thank you, Your Honor.  Who is it that told

.                                                                453

       1   you that rather than saying word-for-word what

       2   Mr. Minton says on the tape you were to say he said I

       3   will kill you.

       4        A    I'm sorry, I don't understand.

       5        Q    Okay.  You testified initially on direct

       6   examination twice and then again on cross-examination

       7   that Mr. Minton said if you get within ten feet of me

       8   I will kill you.  That's what you testified to.  Why

       9   did you say that?

      10        A    I don't thing I said "I".  I thought I said

      11   he will kill me.  I misquoted the quote.  I'm sorry.

      12        Q    Okay.  We'll "he" is just as good.

      13        A    Okay.

      14        Q    That's obviously not what's on the

      15   videotape, right?

      16        A    No.

      17        Q    Why did you testify to a quote that's

      18   inaccurate?

      19            MR. POPE:  Your Honor, I believe he's

      20       treading into the arguing with the witness

      21       realm.  He ought not do that.

      22            He can certainly examine the witness as

      23        to what she said and we can compare it to

      24        what's on the tape and he can argue all day

      25        long that she misspoke, but he can't stand

.                                                                454

       1        up here and argue with her like this.

       2            THE COURT:  I understand.  Counsel, if

       3       you would.

       4            MR. MERRETT:  I'll rephrase the

       5       question.

       6            THE COURT:  Please.  Thank you, sir.

       7   BY MR. MERRETT:

       8        Q    The question is this.  You know that what he

       9   actually said was if you guys get within ten feet of

      10   me you are going to get killed, correct?

      11        A    No.

      12        Q    You don't know that?

      13        A    Well, my memory misspoke.  If you would like

      14   me to read from my affidavit when it was fresh in my

      15   memory, I'd be happy to read the quote for you.

      16        Q    Okay.  This is not something that you

      17   bothered to do before coming in here to testify in a

      18   criminal case?

      19        A    I reviewed my affidavit.  I didn't memorize

      20   my affidavit.

      21        Q    Okay.  And you understand of course that

      22   there is a significant difference between somebody

      23   saying I will kill you and you're going to get killed?

      24        A    No, I consider that a threat.

      25        Q    Okay.  So, if somebody says don't play in

.                                                                455

       1   the street, you're going to get killed, that's a

       2   threat?

       3            MR. POPE:  Excuse me, Your Honor.  He's

       4       arguing again with the witness.

       5            THE COURT:  Yeah, now that -- please,

       6       let's don't --

       7            MR. MERRETT:  Let me rephrase it.

       8            THE COURT:  Reserve your arguments for

       9       closing.

      10   BY MR. MERRETT:

      11        Q    I will.  Let me ask you this.  Do you see a

      12   difference between these two statements:  Don't go out

      13   in the street or you're get killed, that's one

      14   statement.  The second statement is don't go out in

      15   the street or I'll kill you.  Do see a difference

      16   between those two statements?

      17        A    Yes, I do.

      18        Q    Okay.  But the statement you elected to

      19   testify to in this case was I will kill you?

      20        A    That's what I already said.  It wasn't that

      21   I elevated to.  It's my memory misquoted.

      22        Q    Now, when you initially became involved with

      23   Scientology and people affiliated with the Lisa

      24   McPherson Trust, that was back in July, correct?

      25        A    Correct.

.                                                                456

       1        Q    And your initial briefing and instruction

       2   was by Helena Kobrin; is that correct?

       3        A    Some of it, yes.

       4        Q    And Ms. Kobrin is a partner in the firm of

       5   Moxon and Kobrin, correct?

       6        A    I don't know her --

       7        Q    She's one of Scientology's lawyers, right?

       8        A    Okay.  Yes, I believe so.

       9        Q    Okay.  And the subpoenas that you testified

      10   that you had along with the order to show cause were

      11   subpoenas, at least one of them was in the wrongful

      12   death case against Scientology involving Lisa

      13   McPherson, right?

      14        A    I'd have to review my affidavit.  I listed

      15   all of the documents in my affidavit.

      16        Q    Okay.

      17        A    There were a lot of documents that day.  I

      18   had several of them.

      19        Q    Okay.  Where is your affidavit?

      20        A    Um, I don't have a copy of it with me.

      21        Q    What cases were these documents in?

      22        A    If I can review my affidavit I'll be happy

      23   to tell you.

      24        Q    Okay, so you're telling me that you don't

      25   know what you were serving on him?

.                                                                457

       1        A    I served a lot of documents.  There were a

       2   multitude of documents and I wrote them down at the

       3   time so that I could list them.

       4        Q    There were a number of them in other cases,

       5   correct?

       6        A    Correct.

       7        Q    Okay.  In other cases involving Scientology,

       8   correct?

       9        A    Correct.

      10        Q    In other cases involving Scientology in

      11   which Scientology is represented by lawyers other than

      12   Mr. Pope and Mr. Hertzberg, correct?

      13        A    I didn't check the attorneys that were

      14   listed on the documents.

      15        Q    Okay.  Isn't that part of your affidavit?

      16        A    No.

      17        Q    That you received direction from a

      18   particular attorney?

      19        A    That I received the items, yes.  I don't

      20   have to check which lawyer is signed on the bottom of

      21   the document.

      22        Q    What is Joyce's last name?

      23        A    To tell you the truth, I don't know it.

      24        Q    Was this the first time you ever had

      25   communication with Joyce?

.                                                                458

       1        A    No.

       2        Q    When had you previously talked to her?

       3        A    Probably a month ago.

       4        Q    What was that about?

       5            MR. POPE:  Excuse me, Your Honor.  I

       6       think we're getting into a discovery

       7       deposition here.  He's supposed to be

       8       cross-examining the witness on an event that

       9       she testified to.  This is far field.

      10            THE COURT:  Mr. Merrett.

      11            MR. MERRETT:  Your Honor, she testified

      12       that she talked to Joyce, receiving

      13       information, advanced information about the

      14       whereabouts of Mr. Minton.

      15            THE COURT:  Proceed.

      16   BY MR. MERRETT:

      17        Q    What did you talk to her about when you

      18   talked to her a month before?

      19        A    I couldn't tell you.  I have a lot of

      20   conversations.

      21        Q    At what location did you talk to her on

      22   January 5?

      23        A    On January 5, at the Bank of Clearwater

      24   Building.

      25        Q    In the building or outside?

.                                                                459

       1        A    Inside the building.

       2        Q    And she is the person who delivered to you

       3   all the papers that were to be served?

       4        A    No.

       5        Q    What papers did she deliver to you?

       6        A    She didn't deliver any papers to me.

       7        Q    Who delivered the papers to you?

       8        A    Judy did.

       9        Q    Judy Ross?

      10        A    Yes.

      11        Q    When was that?

      12        A    Shortly after.

      13        Q    Shortly after you talked to Joyce?

      14        A    Correct.

      15        Q    Okay.  And Joyce, you met where with Joyce

      16   at what time?

      17        A    I don't remember the exact time; just when I

      18   arrived.  I didn't have a specific meeting time.

      19        Q    Where did you meet with Ms. Ross?

      20        A    Inside the building.

      21        Q    Same building?

      22        A    Yes.

      23        Q    Okay.  Did you meet with Ms. Ross

      24   immediately after meeting with Joyce?

      25        A    Yes.

.                                                                460

       1        Q    And what exactly did Joyce tell you about

       2   Mr. Minton's whereabouts?

       3        A    They didn't tell me anything about his

       4   whereabouts, just that he was expected at the Lisa

       5   McPherson Trust Building.

       6        Q    When?

       7        A    No, there was no time.  Sometimes I waited

       8   for staff members for eight hours, sometime 15

       9   minutes.

      10        Q    How long was this meeting with Joyce before

      11   Mr. Minton actually arrived?

      12        A    Probably eight minutes, five minutes.

      13        Q    So you talked with Joyce.  She told you

      14   Mr. Minton is expected at the Lisa McPherson Trust.

      15   You went and talked to Judy Ross.  She gave you the

      16   documents, right?

      17        A    Uh-huh.

      18        Q    What information did she give along with the

      19   documents?

      20        A    Nothing, just that she needed these to be

      21   served.

      22        Q    And this was all of the documents that you

      23   received?

      24        A    Correct.

      25        Q    And you walked out the door of the

.                                                                461

       1   Clearwater Bank Building?

       2        A    No, I stopped to write down all of the

       3   documents that were listed.

       4        Q    Okay.  And in less than ten minutes you were

       5   standing outside the Clearwater Bank Building and saw

       6   Mr. Minton pull up?

       7        A    No, it was more than ten minutes because it

       8   didn't take -- I mean I was there about 45 minutes, so

       9   it took a few minutes.

      10        Q    Let's back up.  Obviously we had some

      11   confusion of an earlier question.  I asked you how

      12   long before Mr. Minton arrived at the Lisa McPherson

      13   Trust Joyce told you that he was expected there?

      14        A    You asked me what time.  You didn't say how

      15   long before and I couldn't tell you the exact minute,

      16   but --

      17        Q    I understand that --

      18        A    Approximately 45 minutes.

      19        Q    I didn't ask you to argue or lecture me.

      20   How long before Mr. Minton arrived did you talk to a

      21   Joyce?

      22        A    Approximately 45 minutes before.

      23        Q    So the five to eight minutes between the

      24   time you talked to Joyce and the time you talked to

      25   Ms. Ross?

.                                                                462

       1        A    Correct.

       2        Q    Okay.  And so 45 minutes ahead of time

       3   Scientology told you Mr. Minton was expected at the

       4   Trust?

       5        A    Correct.

       6        Q    Okay.  Now, you are already testified that

       7   you were present during Mr. Kronschnabl's testimony?

       8        A    I believe for the whole -- I think he's only

       9   testified once.

      10        Q    Can you tell the court why it is that you

      11   didn't use the Kronschnabl Rule and just stand in the

      12   hall at the LMT and wait?

      13            MR. POPE:  Your Honor, that's

      14       argumentative.  It serves no useful purpose.

      15       There has not been any establishment of

      16       anything called the Kronschnabl Rule.  That's

      17       just Mr. Merrett collapsing back into the

      18       sarcastic mode.

      19            THE COURT:  Mr. Merrett, move on, sir.

      20   BY MR. MERRETT:

      21        Q    Yes, sir.  Well, you heard the testimony

      22   that a process server has the right to be anywhere

      23   that he wants to.  Why didn't you just stand in the

      24   hall of the Lisa McPherson Trust?

      25        A    Okay.  I can go anywhere I need to to serve.

.                                                                463

       1   The last time I served you in the McPherson Trust

       2   Building, Stacy and several members chased me out

       3   screaming and shouting at me, so it was a lot easier

       4   to be on the outside to do it.

       5        Q    Okay.  All right.  But, of course, you knew

       6   that Mr. Minton and Stacy weren't there, right?

       7        A    I had know idea who was there.

       8        Q    Except you knew Mr. Minton wasn't there

       9   because Scientology had told you that he was going to

      10   be arriving?

      11        A    Correct.

      12            MR. MERRETT:  Thank you.  Nothing

      13       further.

      14            THE COURT:  Mr. Pope, anything?

      15            MR. POPE:  Nothing Your Honor.

      16            THE COURT:  All right.  And, yes, now

      17       Mr. Pope, ready to proceed?

      18            MR. POPE:  I want to publish the tape.

      19            THE COURT:  Mr. Howie.

      20            MR. HOWIE:  Your Honor, at this time we

      21       would object to publishing the tape and we

      22       would move to strike the testimony as well as

      23       the tape.

      24            THE COURT:  Grounds?

      25            MR. HOWIE:  Relevance, Your Honor.

.                                                                464

       1       Nothing indicated here shows a violation of

       2       any aspect of the injunction whatsoever.

       3            THE COURT:  Mr. Merrett.

       4            MR. MERRETT:  Your Honor, I would join

       5       in that and point out that unless counsel is

       6       going to quote us the portion of the

       7       injunction that says that we're to be

       8       stationary and polite when confronted by

       9       process servers, this has been a waste of the

      10       court's time and everybody else's.

      11            THE COURT:  Mr. Pope.

      12            MR. POPE:  Your Honor, the order to show

      13       cause specifically has this as a ground in it

      14       and furthermore contempt is defined in

      15       Thompson versus State, 398 So. 2d. 514,

      16       Second District Court of Appeal, 1981, as an

      17       act which is calculated to embarrass, hinder

      18       or obstruct a court in the administration of

      19       justice or which is calculated to lessen its

      20       authority or dignity.

      21            These process servers are agents of the

      22        court.  They have been systematically

      23        obstructed and this can be a contempt of

      24        court.

      25            MR. MERRETT:  I'm sorry, was that a

.                                                                465

       1       quote from the case, as well, Your Honor,

       2       that evading process is contempt of court?

       3            MR. POPE:  I just quoted from the case,

       4       Your Honor.

       5            MR. MERRETT:  My question, if the court

       6       would ask Mr. Pope to clarify, how much of

       7       that was a quote and how much of was Pope on

       8       service of process.

       9            MR. POPE:  That was from the treatise,

      10       Merrett on sarcasm, again.

      11            THE COURT:  All right, hand me up the

      12       case, please, sir.

      13            MR. POPE:  I have others, as well, Your

      14       Honor.

      15             (Whereupon, documents were reviewed.)

      16            All right.  As to the issue facing the

      17        court at this time, on the case of

      18        Thompson v. State at 398 So. 2d. 541, it's a

      19        Second DCA case, 1981.  I'm going to allow

      20        this in and allow it to proceed.  You may

      21        show the tape.

      22            MR. MERRETT:  Judge, I wonder if I could

      23       get a look at that case?

      24            THE COURT:  Sure can.  Come here.

      25            MR. MERRETT:  Thank you.  And I would

.                                                                466

       1       also, if I could ask one question of witness

       2       before you do this?

       3            THE COURT:  Yes, sir, I'll tell you what

       4       I'll be glad to do for you too, if you want.

       5       Let me have my staff attorney make two copies

       6       of that for you and then you can look at

       7       that.

       8            Mr. Brewster, come here just a minute,

       9        would you please, sir.  Hand that to him and

      10        make copies of that for him.

      11            MR. POPE:  May I ask him to make a few

      12       more copies of some other cases if we're

      13       going reargue that?

      14            THE COURT:  Let's do that.  We'll do it.

      15       Go ahead and let him have those.

      16            MR. POPE:  I have one more here.  I'm

      17       sorry, I have a copy of Thompson versus State

      18       for counsel.

      19            THE COURT:  Thank you.

      20            MR. MERRETT:  Judge, may I ask my

      21       question?

      22            THE COURT:  Yeah, let's do that. while

      23       he's making those copies go ahead and ask

      24       your question.


.                                                                467

       1                     CROSS-EXAMINATION

       2   BY MR. MERRETT:

       3        Q    Is the Joyce, to whom you referred to, in

       4   the courtroom?

       5        A    Yes, she is.

       6        Q    Is that her seated at the table over there?

       7        A    Yes, it is.

       8            MR. MERRETT:  Thank you.  Your Honor, I

       9       would ask that Joyce whoever she is be

      10       instructed to remain available until the

      11       conclusion of the proceeding to be called as

      12       a witness?

      13            THE COURT:  She is present here in

      14       court, has been identified and I would ask

      15       that you be available for the call of the

      16       court.  All right.

      17            Let's wait until you get a copy of that

      18        case.  While he's getting that, let me get a

      19        couple things.  I'll be right back.

      20             (Whereupon, a pause in the proceedings took

      21        place.)

      22            After reviewing that one particular

      23        case, any comment?

      24            MR. MERRETT:  No, Your Honor, except

      25       that the only part that was a quote was the

.                                                                468

       1       definition of the contempt.  That's a case

       2       that a party failed to appear for a hearing

       3       as instructed.

       4            The other things I need to point out and

       5        I would ask the court to remedy post haste

       6        is that Judy Ross, who is a defendant in a

       7        matter which is pending before the court,

       8        seems to have unilaterally excused herself

       9        from attendance at court.

      10            THE COURT:  Mr. Pope.

      11            MR. POPE:  Your Honor, the case against

      12       Judy Ross is over.  You have it under

      13       advisement.

      14            THE COURT:  I haven't made a ruling yet.

      15            MR. MERRETT:  Nor have we argued it.

      16            THE COURT:  Yeah, it hasn't been argued

      17       or anything.  Quite frankly, I just said

      18       okay -- well, when I said under advisement I

      19       guess I should have said it was continued.  I

      20       think there may be a misunderstanding here,

      21       but haven't ruled on that at all.  And I've

      22       waited for the -- I guess I've waited is the

      23       right word, waited for it to be argued as to

      24       what we have there and in fact the problem I

      25       have with that particular order to show cause

.                                                                469

       1       unfortunately we've not gotten to Mr. Geiger

       2       yet and he's been very patiently waiting out

       3       in the hall and we've got to go back and

       4       revisit that whole scene, so let me say that

       5       if it's possible if we can have Ms. Ross back

       6       here by this afternoon.

       7            MR. POPE:  We'll get her back.

       8            THE COURT:  Okay.  All right, then can

       9       we go ahead now and with this one based on

      10       that case?

      11            MR. POPE:  I'm ready to publish the

      12       tape.

      13            THE COURT:  All right.  Mr. Merrett and

      14       Mr. Howie, you want a continued objection for

      15       the record?

      16            MR. HOWIE:  Yes, Your Honor.

      17            MR. MERRETT:  Yes, sir.

      18            MR. HOWIE:  Based on Thompson we feel

      19       that this should be stricken because there is

      20       no evidence, there is no relevance to

      21       establish any kind of intent either through

      22       this testimony or through the videotape.

      23            THE COURT:  Let me make sure -- did you

      24       say contempt or intent?

      25            MR. HOWIE:  Intent, Your Honor.

.                                                                470

       1            THE COURT:  That's what I thought you

       2       said.

       3            MR. HOWIE:  Requiring the element of

       4       intent it's not relevant to prove all

       5       elements of this and we would move to strike.

       6            THE COURT:  I understand, but I am going

       7       to allow it in and we'll go from there.

       8            Let's do same the thing we've don't in

       9        the past.  Go ahead and cock that around and

      10        then you and I will step down and you can

      11        have a seat on the front row.  I'll sit down

      12        there and then so that everybody can view

      13        the tape.

      14             (Whereupon, the videotape was played to the

      15        court.)

      16            THE COURT:  Mr. Pope, can I get you to

      17       run that again?  I'm fast, but not that fast.

      18            MR. POPE:  All right.  All right.  It is

      19       a brief episode, Your Honor.

      20             (Whereupon, the videotape was played

      21        again.)

      22            THE COURT:  Just a minute.  All right.

      23       In light of that, Mr. Merrett and Mr. Howie,

      24       would you like to ask some questions?

      25       Mr. Howie, you can go first, sir.

.                                                                471

       1            MR. HOWIE:  If I may.

       2            THE COURT:  Is it all right if she sits

       3       here?

       4                     CROSS-EXAMINATION

       5   BY MR. HOWIE:

       6        Q    Ma'am, you've had an opportunity to view the

       7   videotape now for a third time.

       8        A    Right.  Correct.

       9        Q    And in that paper -- in that video, you have

      10   the papers in your left hand initially, correct?

      11        A    Yes.

      12        Q    Okay.  And in fact you have the papers

      13   hidden behind your left leg like this as you hold them

      14   in your hand, correct?

      15        A    Correct.

      16        Q    And you have that in the position as you

      17   approach Mr. Minton, correct?

      18        A    Correct.

      19        Q    And your reason for doing that was to keep

      20   him from knowing you were trying to serve papers on

      21   him, correct?

      22        A    Correct.

      23        Q    So that was your intent for putting the

      24   papers behind your left leg as you approached him?

      25        A    Until I could get close enough to him to

.                                                                472

       1   give them to him, correct.

       2        Q    And during that time while you have the

       3   papers behind your left leg you noticed in the video

       4   that he said the words, you guys get within ten feet

       5   of me and you guys are going to get killed?

       6        A    Correct.

       7        Q    And then he turned and he ran from you?

       8        A    Correct.

       9        Q    And only then did you produce the papers out

      10   from behind you, correct?

      11        A    Correct.  Well, I had already announced that

      12   I was a process server to him, so, yes, at the same

      13   time I brought the documents out.

      14        Q    It's your recollection that you announced

      15   that you were a process server?

      16        A    No, it should be on the tape quite clear.

      17        Q    You believe you heard those words on the

      18   tape?

      19        A    Yeah.  To tell the true there is so much

      20   static I couldn't hear it, but I announced it before

      21   as he's getting out of the car I announced that I'm a

      22   process server.

      23        Q    All right.  Now, at the time tail end of

      24   that tape you saw the camera pan down and show the

      25   papers on the sidewalk, correct?

.                                                                473

       1        A    Correct.

       2        Q    And in fact those papers are on the sidewalk

       3   right next to the car where Mr. Minton was, correct?

       4        A    I don't remember which car was there.  I

       5   don't know if it was the car he got out of or the car

       6   in front of him.

       7        Q    And the entrance where you saw Mr. Minton

       8   come out of and where the papers ended up on the

       9   sidewalk, that's the entrance to the Lisa McPherson

      10   Trust, correct?

      11        A    Yes.

      12        Q    As far as you know all the papers that you

      13   handed him ended up in that pile on sidewalk, didn't

      14   they?

      15        A    I have no idea.

      16        Q    You didn't have a chance to --

      17        A    I didn't touch them after they fell on the

      18   floor.

      19        Q    How much longer did you remain in the

      20   immediate vicinity in view of that area of Lisa

      21   McPherson Trust?

      22        A    Probably five minutes while I reviewed the

      23   tape and then walked off.

      24        Q    You actually reviewed this videotape with

      25   your husband on the scene?

.                                                                474

       1        A    Right, through the screen.

       2        Q    And that was the one viewing of that tape

       3   that you testified that earlier today?

       4        A    Correct.

       5            MR. HOWIE:  Thank you.  I don't have any

       6       further questions.

       7            THE COURT:  Mr. Merrett, sir.

       8                     CROSS-EXAMINATION

       9   BY MR. MERRETT:

      10        Q    You were holding the papers behind your left

      11   leg so that Mr. Minton would not see the papers and

      12   know that that's what you were doing, correct?

      13        A    Right.

      14        Q    And as Mr. Minton came out of the driver's

      15   side of his vehicle which was the side closest to the

      16   sidewalk, you announced that you were a process

      17   server?

      18        A    Correct.

      19        Q    Okay.

      20             (Whereupon, the videotape was played.)

      21             So right there with the papers still hidden

      22   from him, you're announcing that you're a process

      23   server?

      24        A    They're not actually hidden behind my leg.

      25   They're at the side of me at the present time.

.                                                                475

       1        Q    Mr. Minton is still in the car, correct?

       2   His leg is coming out of the car?

       3        A    Correct.

       4        Q    Your body is between him and the paper?

       5        A    Correct.

       6        Q    Okay.  All right.  So you're both holding

       7   the papers away from him and telling him you're a

       8   process server?

       9        A    I'm walking with my arms down beside me and

      10   holding onto the papers.

      11        Q    So, apparently what the videotape shows us

      12   is accurate.  You only thought it necessary to conceal

      13   the papers from him as long as he was in his car?

      14        A    Until I could get close enough to serve him,

      15   correct.

      16        Q    Of the people visible in the videotape,

      17   you're obviously the one closest to the camera, right?

      18        A    Correct.

      19        Q    So if we're able to hear anybody talking it

      20   ought to be you, right?

      21        A    Correct.

      22            MR. MERRETT:  Okay.  I don't have

      23       anything further.

      24            THE COURT:  Mr. Pope, sir.

      25            MR. POPE:  Nothing, Your Honor.

.                                                                476

       1            THE COURT:  All right.  May we excuse

       2       this witness?

       3            MR. POPE:  Your Honor, as to this

       4       episode we may excuse this witness as she is

       5       a witness with respect to Mr. Henson and as I

       6       recall there is still an open issue as to

       7       whether Mr. Henson is going to excuse himself

       8       for further participation or --

       9            THE COURT:  I'll ask her to wait.  We'll

      10       address it later.  I'm not going to excuse

      11       her at this time.

      12            MR. POPE:  All right.

      13            THE COURT:  Ma'am, I'm going to ask you

      14       to be available for the call of the court.

      15       All right, you may call your next witness.

      16            MR. POPE:  Your Honor, I'm at the point

      17       where I'm at the Henson allegations on my

      18       amended consolidated order to show cause.

      19            My next logical witness would be

      20        Ms. Colton on the Henson matter.

      21            THE COURT:  Hold on.  Let me get up to

      22       the bench and deal with this, okay.

      23             (Whereupon, a pause in the proceedings took

      24        place.)

      25            All right.  We're ready to do the Henson

.                                                                477

       1        matters and is Keith Henson present?

       2            MR. HENSON:  Yes, Your Honor.

       3            THE COURT:  Okay.  Mr. Henson is

       4       present.  Sir, at this time they're going to

       5       take up the show cause allegations in regards

       6       to you and I want the record to reflect he is

       7       present and let's for the record establish

       8       Mr. Merrett, you represent him?

       9            MR. MERRETT:  I do, Your Honor.

      10            THE COURT:  Okay.  You can, Mr. Henson,

      11       you can sit there if you want or you can come

      12       up to the front row so you can see better.

      13       However you would like to do it, or I'll tell

      14       you what, if you so want -- Mr. Bailiff,

      15       let's put a chair there over there by

      16       Mr. Merrett at this right arm.

      17            MR. POPE:  Your Honor, it was my

      18       understanding that the issue of whether

      19       Mr. Henson wanted to excuse himself from

      20       further personal appearance was to be

      21       decided.  Do I understand that he has decided

      22       to stay for the proceedings and not excuse

      23       himself's.

      24            THE COURT:  Well, let me do this.

      25       Mr. Henson is present in court today and

.                                                                478

       1       Mr. Merrett has said that he does represent

       2       him and I given Mr. Henson an opportunity to

       3       sit next to his counsel at defendant's table

       4       and Mr. Henson, if -- I will take it from

       5       your physical appearance here today you do

       6       intend to be present when these allegations

       7       made in court here.  You're here and you're

       8       participating, right?

       9            THE DEFENDANT:  I have not been released

      10       yet, Your Honor.

      11            THE COURT:  Well, let's do this.  I'll

      12       release you.  Now what you going to do?

      13            MR. MERRETT:  Your Honor, he's going to

      14       remain at least through the reception of

      15       evidence.

      16            THE COURT:  Okay.  Well, let me receive

      17       the evidence, okay, and then I want to get on

      18       the record if he elects not to be here when

      19       the court announces its decision, I need that

      20       on the record to be sure he's appearing

      21       voluntarily making that decision.

      22            MR. MERRETT:  Yes, sir.

      23            THE COURT:  Okay.  All right.  Mr. Pope,

      24       you may proceed, sir.

      25            MR. POPE:  Recall Lindsey Colton.

.                                                                479

       1            THE COURT:  Ma'am, come back up and take

       2       the seat in the witness stand and again,

       3       you're under oath and we'll go from there.

       4                     DIRECT EXAMINATION

       5   BY MR. POPE:

       6        Q    Ms. Colton, I direct your attention to

       7   December 1, 2000.  Were you on that day asked to serve

       8   a paper on Keith Henson?

       9        A    Yes, I was.

      10        Q    And what were you asked to serve on him?

      11        A    An injunction, Injunction Number Two.

      12        Q    Okay.  Would you describe your efforts to do

      13   that?

      14        A    Certainly.  In the morning I was at the

      15   Clearwater Bank Building and standing outside the

      16   building where Mr. Henson had a video camera and was

      17   handing out pamphlets and he spoke to me and offered

      18   me a pamphlet.

      19             I didn't know at the time who he was.  Then

      20   I was told to accept the injunction, that they had the

      21   injunctions ready.

      22             I took a bunch of injunctions and I was

      23   instructed that Keith Henson was to be served.  And I

      24   was then -- he was then identified to me.

      25             I followed -- walked in front of the bank

.                                                                480

       1   building and walked down to the Ft. Harrison Hotel

       2   where he had gone to and he was walking in front of

       3   the Ft. Harrison on the sidewalk right directly in

       4   front of the Ft. Harrison Hotel with a placard and was

       5   demonstrating right in front of the hotel.

       6        Q    On the east side of Ft. Harrison?

       7        A    Correct.

       8        Q    I'm sorry, the west side of Ft. Harrison.

       9   Not the construction site?

      10        A    Right.

      11        Q    Directly in front of the --

      12        A    Directly in front of the hotel.

      13            THE COURT:  What was the date?  What was

      14       this date?

      15            MS. COLTON:  This was January -- I'm

      16       sorry, December 2.

      17            THE COURT:  Okay.

      18   BY MR. POPE:

      19        Q    Was it December 2 or December 1?

      20            MR. MERRETT:  Objection.  Counsel has no

      21       right to chance the answer because he didn't

      22       like it.

      23            MS. COLTON:  I'm sorry.

      24            THE COURT:  Hold on.  Hold on.

      25            MR. MERRETT:  The witness has testified.

.                                                                481

       1            MS. COLTON:  I apologize.  I was just,

       2       since talking about the January date with

       3       Mr. Minton I got the confused.

       4   BY MR. POPE:

       5        Q    Tell us the date to the best of your

       6   recollection?

       7        A    The best of my recollection it was the first

       8   of December.

       9        Q    2000?

      10        A    2000.

      11        Q    All right.  Proceed with what you did?

      12        A    I proceeded down to the hotel and I came

      13   along side, came towards him and had the injunction in

      14   my hand which has a dark blue cover and it was quite

      15   obvious what I had in my hand.  He saw it, turned and

      16   saw it and started shouting that you have to stay ten

      17   feet away from me.

      18             I explained to him that I was a process

      19   server, that I had a copy on the injunction that I

      20   needed to give him and he ran backwards from me

      21   avoiding my coming up close to him telling me you have

      22   to stay ten feet, you have to stay ten feet.

      23             I told him at the time that you obviously

      24   know what this is if you can tell me that I have to

      25   stay ten feet away that you knew what I had in my hand

.                                                                482

       1   and he started to laugh and ran across Ft. Harrison

       2   through the traffic to the other side of the road to

       3   avoid me getting close enough to give him a copy.

       4             At that time I followed him across the road,

       5   again trying to give him the copy and he was still

       6   shouting that I had to stay away from him and he was

       7   laughing.

       8             When I got back across the road he ran back

       9   towards the hotel, but as he turned I threw the

      10   document down to his feet and he ran across the road

      11   to the hotel.

      12        Q    Was that the conclusion of your effort to

      13   serve him?

      14        A    It was.

      15        Q    Now, thereafter on that same day did you

      16   observe him picketing near the Ft. Harrison?

      17        A    Yes.

      18        Q    What did you observe?

      19        A    Several times.  I stayed in the area of the

      20   Ft. Harrison Hotel and several times he came back

      21   right in front of the hotel picketing.  He would be

      22   there for 30 minutes to an hour.  Then he would come

      23   back still the same picketing.

      24        Q    You mentioned that when you first

      25   encountered him over near the Bank of Clearwater

.                                                                483

       1   Building that he handed you a pamphlet?

       2        A    Correct.

       3        Q    What was that?

       4        A    It was a McPherson Trust pamphlet against

       5   Scientology.

       6        Q    All right.  Now, did you also encounter him

       7   picketing or observe him picketing in the vicinity of

       8   the Coachman Building?

       9        A    Yes, I did.

      10        Q    Would you describe that?

      11        A    He would leave the Ft. Harrison Hotel and

      12   cross the street and go to the Coachman.  Then he

      13   would walk back down and come back in front of the

      14   hotel.

      15             He would walk with his picket clearly in the

      16   driveways of the Coachman area, parking lot area and

      17   almost every area that he wasn't supposed to be

      18   because he said the injunction didn't affect him.  He

      19   hadn't been served.  He considered himself not being

      20   served and therefore it didn't affect him.

      21            MR. POPE:  I have no further questions.

      22            THE COURT:  Okay.  Again. on this, let's

      23       go this way.  Mr. Merrett.



.                                                                484

       1                     CROSS-EXAMINATION

       2   BY MR. MERRETT:

       3        Q    Thank you, Your Honor.  Ma'am, the pamphlet

       4   that he handed you was actually a Xenu pamphlet,

       5   wasn't it.  It said Xenu and the Space Aliens on it,

       6   didn't it?

       7        A    To tell you the truth, I haven't looked at

       8   it since.  It's a beige pamphlet.

       9        Q    Okay.

      10        A    Beige in color.

      11        Q    And what was the text; what was the material

      12   inside it?

      13        A    He explained to me it was information I

      14   should know against the Scientologists.

      15        Q    Did it explain what Scientology was about?

      16        A    I believe so.

      17        Q    Told the story about Xenu the Galactic

      18   Overlord and that?

      19        A    We didn't get a chance to converse that

      20   long.  He just handed it to me and that was it.

      21        Q    All right.  And tell me anything that you

      22   remember about the pamphlet?

      23        A    Just the color and the size and what he said

      24   it was.

      25        Q    Was there a picture on it?

.                                                                485

       1        A    Not that I believe so, no.

       2        Q    Okay.  Now, who identified Mr. Henson to

       3   you?

       4        A    I believe it was Antonio.

       5        Q    Okay.  Antonio Avila?

       6        A    Yes.

       7        Q    And who told you to serve Mr. Henson?

       8        A    I don't remember.

       9        Q    Where were you told?

      10        A    In the Bank of Clearwater Building.

      11        Q    Was it Mr. Shaw who told you?

      12        A    No.

      13        Q    Was it Joyce?

      14        A    No.

      15        Q    Ms. Ross?

      16        A    No.

      17        Q    Mike Render?

      18        A    I don't know who he was.

      19        Q    David Miscavige?

      20        A    I don't know who he is.

      21        Q    And you don't know who told you that he was

      22   to be served?

      23        A    I can't remember.  I was given several

      24   injunctions so I had to serve several people.  I don't

      25   remember who picked Mr. Henson or named Mr. Henson.

.                                                                486

       1        Q    All right.  Now you testified the first time

       2   that Mr. Pope asked you about it that these events

       3   occurred on December 2, correct?

       4        A    Correct.

       5        Q    And after Mr. Pope asked you a question you

       6   pointed out, if I understand correctly, that you were

       7   confused because you had just been testifying about

       8   Mr. Minton in January?

       9        A    In January.

      10        Q    Okay.  So what you're telling the court is

      11   the reason that you said it happened on December 2 was

      12   because you had January 5 on your mind?

      13        A    I wasn't thinking the date correctly,

      14   correct.

      15        Q    Okay.  So January 5 makes you think

      16   December 2?

      17        A    No.  I was -- yeah, I guess you can put it

      18   that way.

      19        Q    Okay.  What time did you serve Mr. Henson?

      20        A    I'll have to review my affidavit.

      21        Q    Okay.  About what time?

      22        A    It was approximately 10:30 in the morning.

      23        Q    Okay.  And why did you remain around the

      24   Ft. Harrison after serving Mr. Henson?

      25        A    To issue other injunctions.

.                                                                487

       1        Q    Okay.  Were you also engaging in videotaping

       2   and surveillance activities at that time?

       3        A    Yes.  Not in the beginning, no.  I was I

       4   think later on in the afternoon.

       5        Q    At whose instruction did you do that?

       6        A    Um, I don't remember.

       7        Q    Someone in the Clearwater Bank Building,

       8   correct, or in the Coachman Building?

       9        A    I believe it would be someone in the bank

      10   building.

      11        Q    Okay.  And you said that Mr. Henson had a

      12   placard and a picket sign.  What did the picket sign

      13   say?

      14        A    I don't remember.

      15        Q    You don't know?

      16        A    I don't remember.

      17            MR. MERRETT:  Okay.  I don't have

      18       anything further, Your Honor.

      19            THE COURT:  Mr. Howie.

      20            MR. HOWIE:  May it please the court.

      21            THE COURT:  Please, sir.

      22                     CROSS-EXAMINATION

      23   BY MR. HOWIE:

      24        Q    Ma'am, concerning this pamphlet that you're

      25   saying Mr. Henson has, where is it now?

.                                                                488

       1        A    It's -- I believe I gave it to someone at

       2   the Church of Scientology.

       3        Q    All right.  Do you recall who?

       4        A    I may have given it to Joyce.

       5        Q    Okay.  Again, that's the same Joyce who

       6   directed you in the service of Mr. Minton?

       7        A    I don't know -- oh, I'm sorry.  No.  No, it

       8   wasn't Joyce that asked me to serve Mr. Minton.  It

       9   was Judy.

      10        Q    Okay.  But It was Joyce who directed you

      11   that Mr. Minton would appear that day, wasn't it?

      12        A    Correct.

      13        Q    All right.  That's the same Joyce we're

      14   talking about?

      15        A    Correct.

      16        Q    Do you know what became of that pamphlet?

      17        A    No idea.

      18        Q    Have you seen it since?

      19        A    No.

      20        Q    All right.  Did you completely review the

      21   entire pamphlet from front to back?

      22        A    No, I didn't.

      23        Q    You didn't read the entire contents of it?

      24        A    No.  I was too busy.

      25        Q    You've identified it as a Lisa McPherson

.                                                                489

       1   Trust pamphlet, correct?

       2        A    I'm sorry?

       3        Q    You have identified it as a Lisa McPherson

       4   Trust pamphlet, correct?

       5        A    Correct.

       6        Q    What was it on the face of the pamphlet that

       7   caused you to believe it was a Lisa McPherson Trust

       8   pamphlet?

       9        A    Because Mr. Henson came from Lisa McPherson

      10   Trust Building.

      11        Q    Let me clarify my question.  What was in the

      12   pamphlet itself that indicated it was from the Lisa

      13   McPherson Trust?

      14        A    Nothing that I know of.

      15        Q    And you are unable to present that pamphlet

      16   now?

      17        A    Correct.

      18        Q    Or any copies of it?

      19        A    Correct.

      20        Q    And to the best of your knowledge you don't

      21   know who has it?

      22        A    Correct.

      23            MR. HOWIE:  I have no further questions

      24       of this witness.  Your Honor, at this time I

      25       would move to strike any testimony concerning

.                                                                490

       1       the pamphlet.

       2            I will do so on the grounds of both

       3        relevance and hearsay.  The relevancy

       4        objection is based on the fact that we can't

       5        establish that this in fact was a pamphlet

       6        from the Lisa McPherson Trust and therefore

       7        any testimony pertaining to it is

       8        irrelevant.

       9            Also on the grounds of hearsay, the

      10        allegation that it came from the Lisa

      11        McPherson Trust is in fact a hearsay

      12        statement.  It's allegedly based on the

      13        contents of the brochure and there is no

      14        exception to that.  It doesn't fall under

      15        admission by party opponent because in fact

      16        it cannot be ascribed to the Lisa McPherson

      17        Trust.

      18            MR. POPE:  Your Honor, I'll save you

      19       some work.

      20            THE COURT:  Wait a minute.  Let me see

      21       if Mr. Merrett wants to say anything.

      22            MR. POPE:  I agree.  I agree.  I'm not

      23       going to fight them on it.

      24            THE COURT:  Thank you.  Okay.  I wasn't

      25       trying to cut you off.

.                                                                491

       1            MR. POPE:  I was just trying to save you

       2       a little time.

       3            THE COURT:  I'll accept that.  Okay.

       4       Let's move on.

       5            MR. HOWIE:  Nothing further from me,

       6       Your Honor.

       7            THE COURT:  Mr. Pope.

       8            MR. POPE:  Nothing further from this

       9       witness, Your Honor.  We do not have a video

      10       in connection with this witness.

      11            THE COURT:  Can she now be excused or

      12       subject to recall of the court?

      13            MR. MERRETT:  Subject to recall if you

      14       please, Your Honor.

      15            THE COURT:  Okay, ma'am.  I'm going to

      16       have to ask you to stick around subject to

      17       recall of the court.  You may step down and

      18       have a seat back out there.

      19            Ladies and gentlemen, we've been in here

      20        going an hour.  Let's take a ten minute --

      21        make it a 15 minute break and then we will

      22        come back and pick it up from there.  Thank

      23        you.  All right.

      24             (Thereupon, a short recess was taken, after

      25        which the proceedings continued.)

.                                                                492

       1            THE COURT:  Next.

       2            MR. POPE:  Call Steve Bellavigna.

       3            THE COURT:  Please come forward, sir.

       4   Thereupon:

       5                      STEVE BELLAVIGNA

       6   was called as a witness and having been duly sworn, was

       7   examined and testified as follows:

       8                     DIRECT EXAMINATION

       9   BY MR. POPE:

      10        Q    Tell us your name, please, sir?

      11        A    Steve Bellavigna.

      12        Q    And your address?

      13        A    592 130th Avenue North, St. Petersburg,

      14   Florida.

      15        Q    Okay.

      16            THE COURT:  Just a minute.

      17       Mr. Bellavigna, please spell that last name?

      18            THE WITNESS:  B-E-L-L-A-V-I-G-N-A.

      19            THE COURT:  Thank you, sir.

      20   BY MR. POPE:

      21        Q    Your occupation, Mr. Bellavigna?

      22        A    Private investigator.

      23        Q    Call your attention to December 1, 2000.

      24   Did you on that day make any observations with respect

      25   to Mr. Keith Henson in the proximity of the

.                                                                493

       1   Ft. Harrison Hotel?

       2        A    Yes, Mr. Henson was picketing with several

       3   other teenagers.

       4        Q    Several teenagers?

       5        A    Yes, several unidentified teenagers.

       6        Q    And where was he picketing?

       7        A    In front of the Ft. Harrison building on

       8   Ft. Harrison.

       9        Q    On the west side of Ft. Harrison?

      10        A    Correct.

      11        Q    And did they ultimately move to some other

      12   area?

      13        A    Yes, they went from the west side they moved

      14   along side to Pierce Street on the other side of

      15   Ft. Harrison.

      16        Q    What time of day was this?

      17        A    Approximately about 4:00 PM.

      18        Q    All right.  What did you do when they were

      19   moving over onto the Pierce Street side of the

      20   Ft. Harrison?

      21        A    At that time I relieved -- I was taking a

      22   video at the time on the picketers.  At that time I

      23   gave my video camera over to Greg Colton, my

      24   associate, and I proceeded to walk over across the

      25   street and serve Mr. Henson Injunction Number Two.

.                                                                494

       1        Q    All right.  What was his response to that?

       2        A    He refused to accept it.  He said that I

       3   don't -- this doesn't apply to me.  I'm not going to

       4   take it.  I refuse to take it.

       5        Q    What did you do with it?

       6        A    At that time I said well, you're going to be

       7   served, I said, so I just dropped it at his feet which

       8   is a good service and that was --

       9            MR. MERRETT:  I'll object and move to

      10       strike the legal conclusion.

      11            MR. POPE:  Your Honor, I'll agree that

      12       you can --

      13            THE COURT:  Okay.  Lay a predicate.  I

      14       don't care.

      15            MR. POPE:  That's fine.

      16            THE COURT:  Sustained.

      17   BY MR. POPE:

      18        Q    Was that the conclusion of the matter?

      19        A    Yes.

      20            MR. POPE:  All right.  I have no further

      21       questions.

      22            THE COURT:  All right.  Mr. Merrett.

      23                     CROSS-EXAMINATION

      24   BY MR. MERRETT:

      25        Q    Why did you serve Keith Henson?

.                                                                495

       1        A    When did I serve him?

       2        Q    Why?

       3        A    Because he was picketing in front of the

       4   building.

       5        Q    Did anyone specifically instruct you to

       6   serve Keith Henson?

       7        A    Mr. Colton.

       8        Q    Anybody else?

       9        A    No.

      10        Q    And did Mr. Colton give you a reason for

      11   serving him?

      12        A    Yes, because he was apparently violating the

      13   injunction that was on the papers we were serving.

      14        Q    So you were to serve him because he was

      15   violating the injunction?

      16        A    Correct.

      17        Q    And what you were to serve him with was the

      18   injunction?

      19        A    Correct.

      20        Q    Okay.  Now, you also served two or three of

      21   those teenagers, didn't you?

      22        A    Yes, we also gave them a copy of it, yes.

      23        Q    Why did you serve them?

      24        A    To inform them of what they were doing.

      25        Q    What do mean inform them of what they were

.                                                                496

       1   doing?

       2        A    To inform them that they were picketing in a

       3   place where they shouldn't have been.

       4        Q    Okay.  And these -- you don't know who they

       5   are to this day, right?

       6        A    The teenagers, no, I don't.

       7        Q    Okay.  And in fact one of them said

       8   something about showing the injunction to their bible

       9   teacher, didn't they?

      10        A    Yes, he mentioned that, yes, he did.

      11        Q    And who instructed you to serve these

      12   unknown teenagers?

      13        A    Um, myself.

      14        Q    Okay.  Your instructions generally were to

      15   serve anybody that you saw with a picket sign around

      16   Scientology property, correct?

      17        A    That's correct.

      18        Q    That's why you served Mr. Henson and that's

      19   why you served these teenagers, right?

      20        A    Yes.

      21        Q    Okay.  When Mr. Henson declined to accept

      22   service of the injunction, he told you that one of the

      23   reasons he wasn't taking it is because he wasn't named

      24   in it, right?

      25        A    From my recollection that could be, very

.                                                                497

       1   well be, but I'm not positive on that point now.

       2        Q    And on whose instruction were you

       3   videotaping picketers?

       4        A    The instruction of the Church of

       5   Scientology.

       6        Q    Okay.  I'm assuming the Church used bodies

       7   to convey that information.  Whose body did they use?

       8        A    Who conveyed that information?

       9        Q    Yes.

      10        A    I had my information from my associate, Greg

      11   Colton.

      12        Q    And where did he have his information from?

      13        A    I don't know.

      14        Q    Okay.  So your instructions were to

      15   videotape all picketers?

      16        A    Correct.

      17        Q    Okay.  Were you assigned to any

      18   particular -- let me back up.  When you were at the

      19   Ft. Harrison at the time we're talking about, had you

      20   been directed to go to a particular property or did

      21   that just happen to be where you were in the course of

      22   moving around that day?

      23        A    Exactly.

      24        Q    Okay.  And so that we're clear on this, have

      25   you seen the map that the court put together that

.                                                                498

       1   accompanied the injunction?

       2        A    Yes, I have.

       3        Q    Okay.  And you know what is meant by an

       4   orange area?

       5        A    Yes, I do.

       6        Q    Okay.  And at the time that you served

       7   Mr. Henson or attempted to serve him and these other

       8   people, they were an orange area, right?

       9        A    That's correct.

      10        Q    Okay.  And you were in an orange area,

      11   correct?

      12        A    That is correct.

      13        Q    You were at that time being paid an hourly

      14   wage for your work?

      15        A    Yes, sir.

      16        Q    And your work was being conducted on behalf

      17   of Scientology, correct?

      18        A    Correct.

      19            MR. MERRETT:  I have nothing further.

      20            THE COURT:  Mr. Howie.

      21            MR. HOWIE:  I have no questions, Your

      22       Honor.

      23            THE COURT:  Mr. Pope.

      24            MR. POPE:  Nothing further, Your Honor.

      25            THE COURT:  All right.  Sir, I thank you

.                                                                499

       1       very much.  Is he free to leave?

       2            MR. POPE:  He is.

       3            MR. MERRETT:  Yes, sir.

       4            THE COURT:  Okay.  You're free to leave.

       5       Thank you very much for coming and

       6       testifying.

       7            Mr. Pope, call your next witness.

       8            MR. POPE:  Call Antonio Avila.

       9            THE COURT:  Antonio Avila.  Sir, you're

      10       continued under the same oath that I placed

      11       you under yesterday.

      12                     DIRECT EXAMINATION

      13   BY MR. POPE:

      14        Q    Tell us your name?

      15        A    Antonio Avila.

      16        Q    Occupation?

      17        A    Security guard for the Church of Scientology

      18   Flag Service Organization.

      19            MR. POPE:  May I approach the witness?

      20            THE COURT:  You, may sir.

      21   BY MR. POPE:

      22        Q    Mr. Avila, I am showing you a photograph.

      23   Can you identify that?

      24        A    Yes, sir.  This is Robert Minton and Keith

      25   Hensen.  Robert Minton is giving money to Keith

.                                                                500

       1   Henson.

       2        Q    Who took that photograph?

       3        A    I did.

       4        Q    You saw the event?

       5        A    Yes, sir.

       6        Q    Is that photograph a true and accurate

       7   depiction of what you saw?

       8        A    Absolutely.

       9        Q    What was the date on which you took it?

      10        A    November 30, 2000.

      11        Q    And the time?

      12        A    2:25 PM.

      13        Q    And the place?

      14        A    This is right adjacent in front of the

      15   hotel, of the Ft. Harrison Hotel.

      16        Q    West side of Ft. Harrison?

      17        A    Yes.

      18            THE COURT:  Hold on just a minute.

      19       You're going a little too fast for me.  Just

      20       a second, please.  What was that date again,

      21       sir?

      22            MR. AVILA:  November 30, 2000.

      23            THE COURT:  This was on the sidewalk

      24       directly in front of the Ft. Harrison Hotel?

      25            MR. AVILA:  Yes, sir.

.                                                                501

       1            THE COURT:  Thank you, sir.  You may

       2       proceed.

       3            MR. POPE:  I offer it into evidence,

       4       Your Honor.

       5            THE COURT:  Show it to the other side?

       6            MR. POPE:  I did.

       7            THE COURT:  Sorry.

       8            MR. MERRETT:  Your Honor, I object under

       9       the document's completeness and request that

      10       Scientology be compelled to play the

      11       videotape from which this was excised.

      12            THE COURT:  Mr. Howie.

      13            MR. HOWIE:  I join in that objection,

      14       Your Honor, and motion.

      15            THE COURT:  Mr. Pope.

      16            MR. POPE:  Your Honor, this is a

      17       photograph that was taken off of a videotape

      18       showing what it shows.  If they want to play

      19       the whole tape, they're welcome to do it.  I

      20       don't have a --

      21            THE COURT:  Do they have a copy?

      22            MR. POPE:  I don't know if they do or

      23       not.

      24            THE COURT:  Okay.  I'll allow it in

      25       evidence and overruled.  This is, Madam

.                                                                502

       1       Clerk, this will be the Petitioner's Exhibit

       2       Number 11.

       3             (Whereupon, Petitioner's Exhibit 11 was

       4        admitted into evidence.)

       5            THE COURT:  Cross or anything?

       6            MR. MERRETT:  May I proceed?

       7            THE COURT:  Yes.

       8                     CROSS-EXAMINATION

       9   BY MR. MERRETT:

      10        Q    Now, I assume that this is another one of

      11   the deals where you turned the videotape into OSA and

      12   it came back like this the next time you saw it?

      13        A    Yeah, I believe so.

      14        Q    Okay.  And in fact this videotape has been

      15   edited even more masterfully than the other, down to a

      16   nanosecond on white paper, right?

      17        A    That seems to be a frame of the videotape.

      18        Q    All the rest of the videotape is gone and

      19   you don't know where it went?

      20        A    Correct.

      21        Q    Okay.  Why were you videotaping this

      22   activity?

      23        A    They were protesting, as you can see.

      24        Q    Uh-huh.  And what -- this was according to

      25   Scientology's routine practice of videotaping

.                                                                503

       1   protesters, correct?

       2        A    That's the way we document the protests.

       3        Q    And the -- this must have been quite an

       4   intelligence coup for you, getting this photograph?

       5            MR. POPE:  Objection, Your Honor.

       6       Argumentative, sarcastic.

       7            THE COURT:  Sustained.

       8   BY MR. MERRETT:

       9        Q    Did you regard this as a find, as an

      10   accomplishment getting a photograph of Mr. Minton

      11   handing money to Mr. Henson?

      12            MR. POPE:  Objection, Your Honor.

      13       Whether he regarded it as such is irrelevant.

      14            THE COURT:  Sustained.

      15   BY MR. MERRETT:

      16        Q    This was -- what was going on here?  Put

      17   this picture in context for us?

      18        A    Well, Mr. Minton and Mr. Merrett -- I'm,

      19   sorry, not you.  Mr. Henson and there was another

      20   fellow there protesting directly in front of the

      21   Ft. Harrison Hotel.

      22        Q    Uh-huh, and what?  This act that is depicted

      23   in this exhibit, what was it?

      24        A    That shows Mr. Minton giving money, dollars,

      25   it seems, to Mr. Henson.

.                                                                504

       1        Q    Was that it?  It mean is that what was going

       2   on?

       3        A    And they were picketing.

       4        Q    Were they saying anything?

       5        A    I believe Minton called my name as to get my

       6   attention.

       7        Q    Uh-huh.  And the -- did this appear to be

       8   serious business or what appeared to be going on?

       9        A    It appeared that Minton was paying Henson, I

      10   would assume, or, you know, just giving him money.

      11        Q    Okay.  But you did make a videotape -- I'm

      12   assuming that there is actually a videotape and not

      13   10,000 sheets of paper showing theses activities in

      14   sequence, right?

      15        A    I know there is a videotape.  I don't know

      16   how many papers there is.

      17        Q    Do you know where the videotape is?

      18        A    No, I don't.

      19        Q    Where was it last time you say it?

      20        A    I put it in to the receptionist.

      21        Q    And you haven't seen it since?

      22        A    Haven't seen it since.

      23        Q    Since November 30?

      24        A    Correct.

      25            MR. POPE:  Your Honor, I will -- I just

.                                                                505

       1       review the -- we were required to produce

       2       videotapes that we intended to use, that we

       3       might use them.

       4            THE COURT:  Yes, sir.

       5            MR. POPE:  And I did in fact on

       6       February 5 produce that to both counsel.

       7            THE COURT:  All right.

       8            MR. MERRETT:  May the witness step down

       9       so he can view the television, Your Honor?

      10            THE COURT:  Okay, let's do this.  We'll

      11       shift and go down there like we did

      12       yesterday.

      13            MR. MERRETT:  May I proceed?

      14            THE COURT:  Please, sir.

      15   BY MR. MERRETT:

      16        Q    Who was th other person who was there with

      17   Mr. Minton and Mr. Henson?

      18        A    I'm not sure of the name.  I don't remember

      19   right now.

      20        Q    Okay.  What did he look like?

      21        A    White male, I'd say maybe in his 30s.

      22        Q    Uh-huh.

      23        A    On the thinner side, maybe about 5'8", 5'9".

      24        Q    Okay.  Let's take a look at this and see if

      25   this is the actual videotape of which Scientology has

.                                                                506

       1   offered a fraction.

       2            THE COURT:  Now, Mr. Merrett, you going

       3       to be putting this in or do you want the

       4       court reporter to attempt to try to get this

       5       down?

       6            MR. MERRETT:  I'll be putting it in.

       7            THE COURT:  Okay.  All right, so she

       8       won't have to work to take this down.  Okay,

       9       sir.

      10             (Whereupon, the videotape was played for

      11        the court.)

      12   BY MR. MERRETT:

      13        Q    Is that the whole tape?

      14        A    No, that's a part of it.

      15        Q    So this is another OSA edit job?

      16        A    It's edited.

      17        Q    Okay.  But that's the tape of which that

      18   photograph exhibit is a fraction, right?

      19        A    Correct.

      20            MR. MERRETT:  I don't have anything

      21       further, Your Honor.

      22            THE COURT:  Mr. Howie.

      23                     CROSS-EXAMINATION

      24   BY MR. HOWIE:

      25        Q    Please the court, sir, just to make sure we

.                                                                507

       1   understood what was seen and what you saw that day,

       2   the videotape depicts Mr. Minton standing between two

       3   white males on the sidewalk, right?

       4        A    I believe so.

       5        Q    And the video further depicts Mr. Minton

       6   calling out your name, Antonio?

       7        A    Yes.

       8        Q    Your attention was already on Mr. Minton

       9   when he called out your name, correct?

      10        A    Correct.

      11        Q    And was your understanding that Mr. Minton

      12   was calling out your name to make sure he had your

      13   attention?

      14        A    I don't know what his reason for calling my

      15   name was.

      16        Q    He certainly had your attention at that

      17   time?

      18        A    Even before that, yes.

      19        Q    And then in full view of you, did he appear

      20   to notice that you were watching him at all?

      21        A    Yeah, he knew I was there.

      22        Q    Okay, because you were standing out there

      23   and you were in full view of Mr. Minton?

      24        A    I would say so.

      25        Q    And he was looking in your direction,

.                                                                508

       1   correct?

       2        A    At some point, yes.

       3        Q    And you saw him reach into your pocket and

       4   pull out some money, correct?

       5        A    Right.

       6        Q    In a fairly exaggerated fashion.  That is,

       7   he wasn't trying to hide that from you, was he?

       8        A    He didn't seem to be trying to hide it.

       9        Q    And also didn't seem to be hiding the fact

      10   that he was handing what appeared to be money to both

      11   the white make on his left and Mr. Henson on his

      12   right, correct?

      13        A    Correct.

      14        Q    And he made a show of this, didn't he?

      15        A    I'm not sure.  He just simply gave him

      16   money.

      17        Q    And both Mr. Henson and Mr. Minton were

      18   smiling as this occurred, correct?

      19        A    I don't know.  They didn't look unhappy

      20   about it.

      21        Q    Then you saw the white male standing next to

      22   Mr. Minton hand back the money that Mr. Minton handed

      23   him, correct?

      24        A    Yes, the other male there, he extended the

      25   money back to Mr. Minton.

.                                                                509

       1        Q    And Mr. Minton took it back, correct?

       2        A    Right.

       3        Q    Now, what kind of video camera was that?

       4        A    It was a handheld video camera.

       5        Q    Do you know the make and model of the

       6   camera?

       7        A    It's a JVC model.

       8        Q    Who is the owner of the camera?

       9        A    It belongs to the Church.

      10        Q    Who is responsible for the maintainence of

      11   that particular camera?

      12        A    At that moment, I was.

      13        Q    And the image on the camera was date

      14   stamped, correct?

      15        A    Right.

      16        Q    And the image on this Exhibit 11 which was

      17   recently put into evidence is also date stamped; isn't

      18   that correct?

      19        A    Yes, I believe it is.

      20        Q    And it's date stamped November 30 and it

      21   says PM 2:25:24, correct?

      22        A    Correct.

      23        Q    And who set up the time on that camera?

      24        A    I'm not sure.  It could have been me.

      25        Q    But you're not sure whether you set it or

.                                                                510

       1   somebody else set it?

       2        A    I don't know recall setting the time.

       3            MR. HOWIE:  All right.  Thank you, Your

       4       Honor.  I have no further questions of this

       5       witness.

       6            THE COURT:  Mr. Pope.

       7            MR. POPE:  I have no further questions,

       8       Your Honor, and I don't object if Mr. Merrett

       9       and Mr. Howie want to introduce that

      10       videotape out of time.

      11            MR. HOWIE:  Your Honor, at this time I

      12       move to strike a portion of Exhibit 11.  That

      13       is the time stamped on Exhibit 11.

      14            It constituted a hearsay statement.  The

      15        witness was not able to testify who set the

      16        camera or whether time was accurate and

      17        under the circumstances we move to strike

      18        that portion as a hearsay statement.

      19            THE COURT:  Excuse me, Mr. Merrett.

      20            MR. MERRETT:  I have no objection to

      21       his --

      22            THE COURT:  You join in?

      23            MR. MERRETT:  Well, it's my exhibit.  I

      24       can't exactly join, but I stand mute in

      25       response to the objection.

.                                                                511

       1            THE COURT:  Well, all right.  Mr. Pope.

       2            MR. POPE:  Well, the witness testified

       3       on the stand at the time that I asked him

       4       what time it was taken and he recited the

       5       time and they haven't impeached that in any

       6       way, so it seems to me it should stand.

       7            THE COURT:  Well, we'll with do this.

       8       I'll strike it and the witness' testimony is

       9       in the record.

      10            MR. HOWIE:  That's fine.

      11            MR. POPE:  Your Honor, that's granted as

      12       to the time block on the photo?

      13            THE COURT:  That's correct.

      14            MR. POPE:  But not as to the photo.

      15            THE COURT:  That's right.

      16            MR. POPE:  Thank you.

      17            THE COURT:  All right.  Good.  Now, you

      18       know, how technical are we going to get here

      19       as to are we going to excise that out or just

      20       let the record reflect that I struck it or

      21       are we going to take some white out and put

      22       over the of it?

      23            MR. POPE:  I have faith in the court to

      24       be able to ignore it, Your Honor.

      25            THE COURT:  Thank you very much.  Let's

.                                                                512

       1       proceed.

       2            MR. HOWIE:  Just to clarify, the extent

       3       of my motion, the court will not consider the

       4       time stamp on the photo or the exhibit that

       5       Mr. Merrett has put in which exhibits the

       6       same information which we object to on the

       7       same grounds.

       8            THE COURT:  Done.

       9            MR. MERRETT:  And, Your Honor, I would

      10       thank Mr. Pope and go ahead an tender this

      11       out of turn.  I think it would actually be

      12       our Exhibit One, but I'm not sure.

      13            THE COURT:  It will be your Exhibit

      14       Number One, in evidence.

      15            MR. MERRETT:  I assume that the court's

      16       in agreement with Mr. Pope that we can take

      17       it out of turn or just I can just --

      18            THE COURT:  Mr. Pope had no objection.

      19            MR. POPE:  I have no objection.

      20            THE COURT:  And I will put right here

      21       hire to this right now.  Hold on.  Bear with

      22       me, while we're here.

      23             (Whereupon, Defendant's LMT Exhibit One was

      24        admitted into evidence.)

      25            All right.  Now, any further questions

.                                                                513

       1        for this witness?

       2            MR. POPE:  Not from me, Your Honor.

       3            THE COURT:  All right.  Is he subject to

       4       recall still?

       5            MR. MERRETT:  I would ask for that, sir.

       6            THE COURT:  Okay.  There is a chance you

       7       will get called back so I'm going to have to

       8       ask you to remain.

       9            Mr. Pope, call your next witness.

      10            MR. POPE:  Spencer Lowrey.

      11            THE COURT:  Mr. Lowrey, please.

      12   Thereupon:

      13                       SPENCER LOWREY

      14   was called as a witness and having been duly sworn, was

      15   examined and testified as follows:

      16                     DIRECT EXAMINATION

      17   BY MR. POPE:

      18        Q    State your name, please, sir?

      19        A    Spencer Lowrey.

      20        Q    Your address?

      21        A    551 North Saturn.

      22        Q    What is your occupation?

      23        A    Security guard for the Church of

      24   Scientology.

      25        Q    Were you present in the vicinity of the

.                                                                514

       1   hotel, Ft. Harrison Hotel on December 1, 2000?

       2        A    Yes, I was.

       3        Q    In the early afternoon?

       4        A    Yes.

       5        Q    At approximately 2:10?

       6        A    Yes.

       7        Q    Did you at that time make any observations

       8   with respect to Keith Henson?

       9        A    Yes, I did.

      10        Q    What did you see?

      11        A    I saw Keith Henson protesting with a sign.

      12   He was stationary at some points and some points he

      13   walked down south, directly in front of the

      14   Ft. Harrison Hotel and to the end of it and turned

      15   around and walked north directly in front of the

      16   Ft. Harrison Hotel, back and forth.

      17        Q    Was he alone?

      18        A    He was alone when he was walking in front of

      19   the building.

      20        Q    Yeah.

      21        A    But earlier he was with Mr. Merrett at the

      22   corner.

      23        Q    Okay.  And did he move anywhere else besides

      24   in front of the Ft. Harrison Hotel?

      25        A    I didn't see him move anywhere else.  I

.                                                                515

       1   mean, he could have later.  He obviously moved away

       2   later.

       3        Q    How long was he doing this picketing.

       4        A    About 45 minutes that I can a remember, you

       5   know.

       6        Q    Okay.  I'm going to show you a video.  May

       7   I, Your Honor?

       8            THE COURT:  Yes.  Well.  Let's see.

       9       When you say you're going to show it to him?

      10            MR. POPE:  For identification purposes.

      11            THE COURT:  Okay.

      12   BY MR. POPE:

      13        Q    Let me show you this, Mr. Lowrey.  Have you

      14   reviewed that.

      15        A    Yes, I have.

      16        Q    Does that contain a true and accurate

      17   depiction of the events you just testified to?

      18        A    Yes, it does.

      19            MR. POPE:  All right.  I'll offer it

      20       into evidence, Your Honor?

      21            THE COURT:  All right.  Mr. Merrett.

      22            MR. MERRETT:  If I could just find out

      23       what is the label on it so that I can see it?

      24            THE COURT:  Read it to him.  What's that

      25       say?

.                                                                516

       1            THE WITNESS:  Ft. Harrison.  It says

       2       Henson slash Ft. Harrison, December 1, 2000.

       3            MR. MERRETT:  Thank you.

       4            THE WITNESS:  Number two; Lowrey

       5       Exhibit A.

       6            MR. MERRETT:  If I can have a minute?

       7            THE COURT:  Take a minute.  You have it.

       8            MR. MERRETT:  I'm sorry, Lowrey what; A

       9       or B?

      10            THE WITNESS:  It says Lowrey Exhibit A.

      11            MR. MERRETT:  Okay.  Thank you.  Your

      12       Honor, I do object on several bases assuming

      13       that this is a duplicate of the tape that was

      14       furnished pursuant to the court's prior order

      15       under the name Henson, Ft. Harrison,

      16       December 1, 2000, Number Two Lowrey A.

      17            It contains videotapes made by someone

      18        else in addition to Mr. Lowrey and it

      19        contains hearsay statements and commentary

      20        on events, however, of course, I don't know

      21        how this one has been changed since the last

      22        time I saw it either, but that's the exhibit

      23        that they produced under his name contains a

      24        tape made by somebody else in addition

      25        to -- well, it contains tapes clearly made

.                                                                517

       1        by two different people and it contains

       2        hearsay commentary, so if this is that one,

       3        it is not admissible?

       4            THE COURT:  Mr. Howie.

       5            MR. HOWIE:  I join in the objection.

       6            THE COURT:  Mr. Pope.

       7            MR. POPE:  Your Honor, the witness has

       8       testified that he was present, he saw the

       9       event and it is a true and accurate depiction

      10       of what he witnessed.  He has properly

      11       authenticated it.

      12            I don't understand what they're talking

      13        about.  Any videotape of an event with

      14        conversation is going to have hearsay I

      15        suppose in it, but we've certainly come in

      16        here all throughout this proceeding and I

      17        don't think that's a valid objection as to a

      18        live video that the witness has

      19        authenticated.

      20            MR. MERRETT:  Well, the problem is,

      21       Judge, what it contains is commentary from

      22       Ms. Colton regarding what's going on.  That's

      23       clearly hearsay.

      24            There is not a special private

      25        investigator exception or a special

.                                                                518

       1        videotape exception and again the fact is

       2        this contains videotape taken from two

       3        different places covering the same event

       4        which means that at least half of the tape

       5        contains things that Mr. Lowrey cannot

       6        possibly have seen and cannot possibly

       7        represent as being fairly depicted by the

       8        videotape.

       9            THE COURT:  As for this witness, I'll

      10       sustain the objection.

      11   BY MR. POPE:

      12        Q    Mr. Lowrey, you took part of that video,

      13   correct.

      14        A    I did.

      15        Q    Who took the other part of it?

      16        A    Lindsey.

      17        Q    All right.  You saw the same events that she

      18   was videotaping, didn't you?

      19        A    That is correct.

      20        Q    Were those events that she was videotaping

      21   and witnessed by you, are they truly and accurately

      22   depicted on the videotape?

      23        A    Yes, they are.

      24        Q    All right.  Reoffer it, Your Honor.

      25            MR. MERRETT:  Your Honor, that clearly

.                                                                519

       1       doesn't cure the fact that he can't

       2       authenticate the videotape taken from 100

       3       feet from where he stood.  He can't

       4       authenticate a tape from somebody's back when

       5       what he saw was somebody's face.

       6            Beyond that, counsel has still failed to

       7        address the fact that the tape includes

       8        running commentary by Ms. Colton which is

       9        clearly hearsay which he would not be

      10        allowed to testify to in any event.

      11            MR. POPE:  Your Honor, the tape is not

      12       being offered for any running commentary of

      13       Ms. Colton.  I'm perfectly willing for the

      14       court to disregard it.  I don't even remember

      15       what it was.  It's not offered for that.

      16            MR. MERRETT:  If that is irrelevant it

      17       should be redacted.  They obviously have

      18       facilities to do what the like with the

      19       tapes, Judge.

      20            THE COURT:  Here's what I'm going to do.

      21       I'll allow that portion in that's identified

      22       by this witness if he was either taped by

      23       himself or saw.  I'll disregard any other

      24       comments at this time or anything by

      25       Ms. Colton until I see where it goes from

.                                                                520

       1       there as far as that's concerned.

       2            MR. MERRETT:  Yes, sir.

       3            THE COURT:  All right.

       4            MR. MERRETT:  And I would ask for leave

       5       to cross prior to the witness seeing the

       6       tape.

       7            THE COURT:  You now have that.

       8            MR. MERRETT:  I assume that the balance

       9       of direct is concluded?

      10            MR. POPE:  It is.

      11                     CROSS-EXAMINATION

      12   BY MR. MERRETT:

      13        Q    Mr. Lowrey, this was on what day?

      14        A    December 1.

      15        Q    And who is your superior?

      16        A    Security Chief Paul Kellerhoff.

      17        Q    And what is your stat?

      18        A    Excuse me?

      19        Q    Your statistic?  What is your statistic that

      20   you report on Thursday?

      21        A    You mean --

      22            MR. POPE:  Objection, Your Honor.

      23       Unintelligible question.

      24            THE COURT:  Rephrase the question.

      25            MR. MERRETT:  Well, Your Honor, if I

.                                                                521

       1       may, the fact that it is claimed to be

       2       unintelligible to Mr. Shaw and Mr. Pope, the

       3       witness was about to answer.

       4            THE COURT:  All right.  If he can answer

       5       it, he can answer it.

       6   BY MR. MERRETT:

       7        Q    What is your statistic?  What do you report

       8   on Thursday afternoon.

       9        A    Outstanding situations that might be a

      10   security problem.

      11        Q    And to whom do you report that?

      12        A    To Paul Kellerhoff.

      13        Q    Okay.  And what is your identified product

      14   in the context of those reports?

      15        A    I don't understand your question exactly.

      16        Q    Is it your testimony that you do not have a

      17   product and you do not know what a product is?

      18        A    No, I just didn't understand your question

      19   as you a stated it.

      20        Q    What is your product?

      21        A    Secure places, secure Church, secure

      22   parishioners.

      23        Q    And for what department do you work?

      24        A    The security department.  I mean, it's

      25   security department as Antonio stated earlier.

.                                                                522

       1        Q    And above Mr. Kellerhoff, what is the chain

       2   of command?

       3        A    Well, I'd have to look at.  I don't know

       4   exactly.

       5            MR. MERRETT:  Okay.  If I can have just

       6       a second, Your Honor?

       7            THE COURT:  You have it.

       8             (Whereupon, a pause in the proceedings took

       9        place.)

      10   BY MR. MERRETT:

      11        Q    Okay.  Without looking at an organizational

      12   chart, you don't know who is above you past

      13   Mr. Kellerhoff; is that correct?

      14        A    I do know who, like the person above him.  I

      15   don't know the entire chain of command.

      16        Q    Who is above him as far as you know, your

      17   chain of command?

      18        A    Um, the senior director of inspections in

      19   the report.

      20        Q    Who is that?

      21        A    Her name is Heather.

      22        Q    Heather?

      23        A    Heather, um, Hoff.

      24        Q    Okay.  Above that?

      25            MR. POPE:  Objection, Your Honor.  I

.                                                                523

       1       asked this witness a discreet question about

       2       a discreet event and had him identify a

       3       video.  He's wanting to go up the chain of

       4       command for no useful purpose except

       5       discovery, presumably.  It's totally

       6       irrelevant.

       7            THE COURT:  Mr. Merrett, where are we

       8       going with this?

       9            MR. MERRETT:  To find out why he was

      10       there, who he was working for and who he

      11       reports to.

      12            THE COURT:  Well?

      13            MR. MERRETT:  Who is authorized to take

      14       consequences if his testimony is not as

      15       requested or expected.  It goes to a witness'

      16       bias and prejudice.

      17            THE COURT:  Proceed.

      18   BY MR. MERRETT:

      19        Q    Who is above her?

      20            MR. POPE:  Objection, Your Honor.  That

      21       question does not go to his bias or

      22       prejudice.  The only question he can really

      23       ask this witness about is bias and prejudice

      24       is are you a Scientologist or not.

      25            The chain of command within the

.                                                                524

       1        organization doesn't have a thing to do with

       2        my direct examination or any question of

       3        bias or prejudice on the witness' part.

       4        This is just an utter waste of time.

       5            THE COURT:  I think we're getting a

       6       little far field here.  I mean who gave him

       7       the order and what was he told to do, I

       8       understand that, but when we start getting

       9       into the rarefied air of the organization,

      10       I'm not sure I understand where you're going.

      11       Move on.

      12   BY MR. MERRETT:

      13        Q    Yes, sir.  Let me ask this.  Are you a

      14   member of the Sea Org?

      15        A    Yes.

      16        Q    And who gave your instructions to videotape

      17   that day?

      18        A    Mr. Kellerhoff.

      19        Q    Okay.  Anybody else give you instructions or

      20   directions about what to do on that day?

      21        A    No.

      22        Q    Okay.  And you were stationed where when you

      23   were making this videotape?

      24        A    I was stationed at the garage exit or

      25   entrance, however you want to state it.

.                                                                525

       1        Q    On Ft. Harrison Avenue?

       2        A    Correct, on the west side of Ft. Harrison

       3   Avenue.

       4        Q    Okay.  That's right in front of the hotel,

       5   right?

       6        A    That's right.

       7        Q    That's almost at the south end of the

       8   building.  That's kind of the last or next to the last

       9   opening in front of the building, right?

      10        A    Yes.  Yeah.

      11        Q    Then you've got that county parking lot, or

      12   whatever it is, or city lot behind it?

      13        A    Yeah, whatever that is.

      14        Q    And that's -- you were a couple hundred feet

      15   from Pierce Street, right?

      16        A    I don't know that it was a couple 100.  I

      17   thought it was more like 100, a little over 100 maybe.

      18        Q    But it's the length of the street, right?

      19        A    The length of the building, whatever that

      20   is, right.

      21        Q    Right.

      22        A    Yeah.

      23        Q    Okay.  And during the time that you were

      24   videotaping Ms. Colton and who you referred to as

      25   Lindsey was standing on the corner of Pierce and

.                                                                526

       1   Ft. Harrison across Pierce, correct?

       2        A    Yeah, that's correct.

       3        Q    Okay.  And so you were not able to hear her

       4   talking, correct?

       5        A    That is correct.

       6        Q    Okay.  Now, you have testified that you

       7   reviewed the tape there.  When did you review it?

       8        A    I reviewed it two days ago, I think.

       9        Q    Where was that?

      10        A    I think it was in the Clearwater building, I

      11   think.

      12        Q    Who was with you?

      13        A    Um, I don't know his name.  He was --

      14        Q    Mr. Hertzberg, the lawyer in the middle next

      15   to Mr. Shaw?

      16        A    I'm just trying to remember.  That's why

      17   I'm -- I reviewed it more than once.  The time I

      18   remember who was with me was Mr. Pope.

      19        Q    Okay.

      20        A    That's when I remember.

      21        Q    That was at the Clearwater building?

      22        A    That is correct.

      23        Q    Couple of days ago?

      24        A    No, that one I don't remember who was with

      25   me at the time, but the time before that Mr. Pope was

.                                                                527

       1   there.

       2        Q    When was that, the time before that that

       3   Mr. Pope was there?

       4        A    That was -- I don't recall.  It would have

       5   been close to a month ago, I think.

       6        Q    Where was that?

       7        A    In the lobby of the Clearwater Building.

       8        Q    Okay.  Now, you have -- you testified that

       9   you remember that this was December 1, right?

      10        A    Yeah.

      11        Q    And remember that Mr. Henson picketed for

      12   about 45 minutes, right?

      13        A    Yeah.

      14        Q    And you remember that he was stationary some

      15   of the time, right?

      16        A    That's correct.

      17        Q    And you remember that he came in there at

      18   one point, right?

      19        A    That's correct.

      20        Q    But you don't remember who was standing next

      21   to you when you were looking at that videotape day

      22   before yesterday, right?

      23        A    That's correct, I don't.

      24        Q    Was it Mr. Shaw?

      25        A    No, it wasn't.

.                                                                528

       1        Q    Okay.  Was it Mr. Hertzberg?

       2            MR. POPE:  Ask and answered, Your Honor.

       3       The witness said he couldn't remember and

       4       what difference does it make?

       5   BY MR. MERRETT:

       6        Q    Have you received instructions or signals to

       7   disclaim recollection of that from anybody?

       8        A    No, never.

       9        Q    But you remember all these other things

      10   except who was standing next to you day before

      11   yesterday?

      12        A    Yeah.  I mean, I didn't even -- I didn't

      13   think about it.

      14        Q    Okay.  I don't have anything -- well, who

      15   let you into the room?

      16            MR. POPE:  Your Honor, what possible

      17       relevance is who let him in the room to any

      18       issue before the court?

      19            THE COURT:  Sustained.  Move on.

      20            MR. MERRETT:  Your Honor, if I may, I

      21       believe I'm entitled to demonstrate the

      22       witness' both defective and apparently

      23       convenient memory.  I mean, his memory is

      24       either one or the other and I believe I'm

      25       entitled to demonstrate.

.                                                                529

       1            THE COURT:  All right.  Can you answer

       2       that question?

       3            THE WITNESS:  Yeah, it was -- to best of

       4       my recollection I think it was Joyce who was

       5       here earlier.

       6            MR. MERRETT:  I don't have anything

       7       further, Your Honor.

       8            THE COURT:  Mr. Howie.

       9            MR. HOWIE:  No questions.

      10            THE COURT:  All right.  Mr. Pope.

      11            MR. POPE:  No further questions, Your

      12       Honor.  Wish to publish the video.

      13            THE COURT:  You may publish within the

      14       ruling of the court previously entered.

      15            MR. POPE:  Is it right here?

      16            THE COURT:  No, that's their exhibit.

      17       Here it is, right here.

      18            MR. POPE:  I guess it hasn't been marked

      19       yet.

      20            MR. MERRETT:  I'm sorry, Judge.  It

      21       looks like maybe three videotapes have just

      22       been passed up.

      23            THE COURT:  No.  Hold on.  This was

      24       number ten.  It didn't get up here.  It was

      25       sitting over there.  This is yours, your

.                                                                530

       1       previously 11, the Defendant LMT's Number

       2       One.  And then I have here the one that was

       3       just handed to me Henson, Ft. Harrison,

       4       December 1, 2000 number Two Lowrey Exhibit A.

       5            MR. MERRETT:  Thank you.

       6            THE COURT:  That's the one we've been

       7       talking about that came right off the bench

       8       there in front of the witness in one box.

       9             (Whereupon, Petitioner's Exhibit 11 was

      10        marked admitted into evidence.)

      11            THE COURT:  Okay.

      12             (Whereupon, the videotape was played for

      13        the court.)

      14            MR. POPE:  Your Honor, may I ask the

      15       witness to identify the picket?

      16            THE COURT:  You may.

      17   BY MR. POPE:

      18        Q    Who is the picket there, Mr. Lowrey.

      19        A    I have to be closer.

      20        Q    All right.  Play the video, Mr. Cartright.

      21        A    That's Keith Henson right there?

      22        Q    Thank you.

      23        A    I don't know who the other person is.

      24            MR. POPE:  May I have the witness stand

      25       up here to identify any others?

.                                                                531

       1            THE COURT:  Yeah, just so that he

       2       doesn't block my eye view.

       3            MR. MERRETT:  I'm going to ask that the

       4       record reflect that this is Ms. Colton's

       5       videotape the witness --

       6            THE COURT:  Stop the tape.  Yes,

       7       Mr. Merrett?

       8            MR. MERRETT:  I would ask that the

       9       record reflect at this point the witness is

      10       testifying based on Ms. Colton's videotape,

      11       based of the prospective that he attested to.

      12            THE COURT:  Mr. Pope.

      13            MR. POPE:  Your Honor, you admitted the

      14       tape and as I recall you were going to

      15       consider any commentary she had on it and

      16       decide on that.  I've got Ms. Colton out in

      17       the audience if we need to bring here up here

      18       to authenticate her portion, but this witness

      19       testified that he saw --

      20            THE COURT:  I know that, sir.  I heard

      21       that, and if you feel we need to bring

      22       Ms. Colton, she is here and he at least has

      23       identified the male there as Keith Henson and

      24       let's proceed.


.                                                                532

       1            (Whereupon, the videotape was played to

       2        the court.)

       3            MR. MERRETT:  May the record reflect

       4       this has new been switched to what is

       5       apparently Mr. Lowrey's videotape.

       6             (Whereupon, the videotape was played to the

       7        court.)

       8            THE COURT:  Mr. Merrett.

       9            MR. MERRETT:  If I can have just a

      10       moment?

      11            THE COURT:  You can have it.  Let's do

      12       this.  Why don't you take a moment to get

      13       prepared.  We've been going an hour.  We'll

      14       take a ten minute break.  And I want to

      15       stagger lunch a little bit today to try to

      16       slip you in between the crease with all the

      17       jurors in town and everything else and I'll

      18       work with you on lunch.  Don't worry.  Nobody

      19       is going to go hyperglycemia and let's take a

      20       ten minute and come back and go back to work.

      21             (A short recess took place after which the

      22        proceedings continued.)

      23            THE COURT:  You need another minute?

      24       Hold on.  I'll give it to you.  I'll give you

      25       a few more minutes.

.                                                                533

       1            MR. MERRETT:  Actually, Your Honor, I

       2       will ask that Mr. Lowrey remain subject to

       3       recall, however I have nothing further within

       4       the scope of the tape.  I do intend to call

       5       him in the defense's case.

       6            THE COURT:  Okay.  He's subject to

       7       recall and then he can -- wait a minute.

       8       Mr. Howie.

       9            MR. HOWIE:  Your Honor, I don't have any

      10       further questions or requests.

      11            THE COURT:  Okay.  I didn't want to put

      12       him off the stand if you had something.

      13            All right.  Then Mr. Pope, is there

      14        anything you want to go forward with?

      15            MR. POPE:  He may be excused subject to

      16       recall, Your Honor.

      17            THE COURT:  Yeah.  I'll tell you what,

      18       sir.  You can step down and have a seat back

      19       out there or wherever you would like to wait,

      20       but there is a real chance you will be called

      21       back, okay.  You can't go home.

      22            THE WITNESS:  Okay.

      23            THE COURT:  Thank you.  All right,

      24       Mr. Pope, call your next witness.

      25            MR. POPE:  I wish to recall Lindsey

.                                                                534

       1       Colton to the stand.

       2            THE COURT:  Let's do that.  Ms. Colton,

       3       if you come forward, please.  As you're

       4       coming forward, let me remind you I have

       5       placed you previously under oath.  You've

       6       been up here before and we're going to

       7       continue you under the same oath.

       8                     DIRECT EXAMINATION

       9   BY MR. POPE:

      10        Q    Ms. Colton, tell us your name again?

      11        A    Lindsey Colton.

      12        Q    Were you sitting in the courtroom when the

      13   last videotape was played with regard to Keith Henson?

      14        A    Yes, I was.

      15        Q    And can you tell us whether you filmed a

      16   portion of that?

      17        A    Yes, I did.

      18        Q    From which prospective did you film it?

      19        A    I was facing the Ft. Harrison Hotel standing

      20   in front of the Presbyterian Church on the corner

      21   filming Keith Henson.

      22        Q    That was Mr. Henson you were filming?

      23        A    Yes, it was.

      24        Q    Now, is that the same person that had

      25   observed earlier in the day?

.                                                                535

       1        A    Yes, it was.

       2        Q    Picketing in front of the Ft. Harrison

       3   Hotel?

       4        A    Yes.

       5            MR. POPE:  That's all the questions I

       6       have.  Wait.  Wait.  Excuse me.  I'm

       7       finished, Your Honor.

       8            THE COURT:  Okay.  Mr. Merrett.

       9                     CROSS-EXAMINATION

      10   BY MR. MERRETT:

      11        Q    Ma'am, that's not the entirety of the tape

      12   that you made on that date of those events, is it?

      13        A    No, it isn't.

      14        Q    Who edited it?

      15        A    I don't know.

      16        Q    Who did you turn it in to?

      17        A    To the Church of Scientology.

      18        Q    Where?

      19        A    At the bank building.

      20        Q    What person?

      21        A    Actually, I didn't hand it in to a person.

      22   I put my name on it and labeled it and put it down on

      23   the desk in the conference room.

      24        Q    What conference room?

      25        A    In the bank building in front.

.                                                                536

       1        Q    Okay.  To whom was it you intend to deliver

       2   it?

       3        A    Not an individual; to the Church of

       4   Scientology.

       5        Q    What did the label say?

       6        A    It had my name on it.

       7        Q    Okay.  Any other information contained?

       8        A    My name and the date.

       9        Q    Who had instructed you to videotape?

      10        A    Um, I wouldn't know on that particular day.

      11        Q    Who has instructed you to videotape during

      12   that time period, during that weekend of November 9

      13   through December 4?

      14        A    Okay.  Um, Joyce, um -- that's the only

      15   person I can name.  There is a lot of staff members

      16   there that I don't know their first or last names.

      17        Q    How many of them during that time period

      18   were instructing you what to do and where to go?

      19        A    Um, there is two or three.

      20        Q    Who are they?

      21        A    Like I said, I don't know the names of all

      22   of the staff members.

      23        Q    Okay.  Ma'am, I didn't ask you the names of

      24   all the staff members.  You said there were two or

      25   three other than Joyce who told you where to go and

.                                                                537

       1   what to do during that weekend?

       2        A    Sorry, I --

       3        Q    I'm trying to get who they were?

       4        A    I'll clarify.  I don't know the names of

       5   individuals that told me to videotape it.

       6        Q    So out of a group of two to three, you

       7   remember zero?

       8        A    I remember Joyce.

       9        Q    Okay.  Have any of those persons other than

      10   Joyce who instructed you during that time period where

      11   to go and what to do ever before or after given you

      12   any instructions?

      13        A    Before or after what?

      14        Q    This weekend?

      15        A    That particular weekend that's on the

      16   videotape?

      17        Q    Yes.

      18        A    Yes.

      19        Q    Okay.  Who were the other people who have

      20   given you instructions about where to go and what to

      21   do?

      22        A    I'm sorry, I must have misunderstood.  Out

      23   of the three or four people that I have had conduct

      24   that have told me to videotape, I know Joyce's name

      25   and I don't know all of other people's name.

.                                                                538

       1        Q    Do you know any of the other people?

       2        A    I know Antonio.

       3        Q    Uh-huh.  Judy Ross?

       4        A    Yes.

       5        Q    She's instructed you?

       6        A    No.  She's instructed me to serve papers.

       7   She's never asked me to videotape.

       8        Q    Okay.  But you don't know who was

       9   instructing you on this particular occasion?

      10        A    No.

      11        Q    What was the purpose of videotaping?

      12        A    To videotape any of the protesters if they

      13   were violating the injunction.

      14        Q    Uh-huh.  You were videotaping prior to the

      15   entry of the injunction though, weren't you?

      16        A    Yes.

      17        Q    Okay.  And presumably that wasn't to

      18   document violations of the injunction?

      19        A    No.

      20        Q    Why were you videotaping then?

      21        A    We were videotaping protesters.

      22        Q    Why?

      23        A    Because there had been previous instances of

      24   violence and disruptive behavior.

      25        Q    Okay.  And unlike when you were blocking the

.                                                                539

       1   sidewalk back in July?

       2        A    When the protesters --

       3            MR. POPE:  Excuse me, Your Honor.  Let

       4       me object to relevance.  I had this lady

       5       testify as to a videotape that we presented

       6       here and now he's going back into July on

       7       entirely collateral matters that prove

       8       nothing?

       9            THE COURT:  Please, let's stay current

      10       and move on.

      11   BY MR. MERRETT:

      12        Q    Yes, sir.  How long was the videotape from

      13   which this OSA edit was done?

      14        A    I couldn't tell you.

      15        Q    Okay.  What is it that was removed by

      16   Scientology from this tape before it was produced here

      17   in court?

      18        A    It would be different scenes of the

      19   protesters and different angles and different street

      20   address.

      21        Q    But you don't know what the Office of

      22   Special Affairs took out or why?

      23        A    No.

      24            MR. MERRETT:  I don't have anything

      25       further.  I renew my objection, Your Honor.

.                                                                540

       1            All these videotapes are being edited by

       2        somebody behind the green curtain and that

       3        is -- none of them is what it purports to be

       4        because they've been edited by

       5        non-witnesses.

       6            THE COURT:  Mr. Howie.

       7            MR. HOWIE:  Your Honor, I join in the

       8       objection and motion.

       9            THE COURT:  Let the record so reflect.

      10       Mr. Pope.

      11            MR. POPE:  The witness has testified as

      12       to the accuracy of the depiction.  That's all

      13       that's required for authenticity.  We don't

      14       have to introduce hours of tape just to prove

      15       a minor point, Your Honor.

      16            THE COURT:  I understand.  I'll note the

      17       objection for the record.  The motion to

      18       strike is denied.  The court will accept the

      19       tape and give it the credibility I feel it

      20       deserves.  Let's proceed.

      21            MR. MERRETT:  Your Honor, pursuant to

      22       the Doctrine of Completeness, I will request

      23       the entirety of the videotape be produced

      24       before the court.

      25            MR. POPE:  Your Honor, the entirety of

.                                                                541

       1       the videotape doesn't relate to the matters

       2       before -- the matter was Mr. Henson picketing

       3       in front of the Ft. Harrison Hotel.  That's

       4       the sole function of that piece of tape was

       5       to show it, period.  The rest of the tape

       6       doesn't have anything to do with it.

       7            THE COURT:  Denied.  Move on.  Now, any

       8       further questions for the witness?

       9            MR. POPE:  I have none, Your Honor.

      10            THE COURT:  All right.  She still

      11       subject to recall?

      12            MR. MERRETT:  Yes, sir.

      13            THE COURT:  Good.  Ma'am, you may step

      14       down and I can't excuse you.  There is a

      15       possibility you will be called back, so thank

      16       you.

      17            Mr. Pope, call your next witness.

      18            MR. POPE:  Your Honor, I wish to offer

      19       into evidence this document entitled

      20       "Affidavit of H. Keith Henson" that actually

      21       was addressed to you and was presented to the

      22       the court by Mr. Merrett.  Already it's in

      23       the court file, but I wish to offer it in

      24       evidence as an admission at this time.

      25            MR. MERRETT:  I'll object based on

.                                                                542

       1       relevance.  It does document the fact that

       2       he's been hounded for year by the cult of

       3       Scientology.  I don't know that that's

       4       necessarily pertinent to where we are at this

       5       moment.

       6            THE COURT:  Mr. Howie.

       7            MR. HOWIE:  Your Honor, I join in the

       8       objection.

       9            THE COURT:  Okay.  Thank you, sir.

      10       Mr. Pope.

      11            MR. POPE:  Your Honor, it's in the court

      12       file.  It's a letter that was written to you

      13       by the respondent, Mr. Henson.  It touches on

      14       his activities in picketing here.

      15            THE COURT:  It will be received.  Madam

      16       Clerk, I believe that's number 13, is it.

      17       Thank you.  Mr. Pope.

      18            MR. POPE:  Your Honor, that concludes

      19       our presentation of evidence on the two

      20       orders to show cause.  Excuse me, I would

      21       like to ask the court to notice one thing for

      22       the record, if you would.  That is that

      23       Mr. Henson, is along with all the other

      24       respondents, wearing a white rose in the

      25       courtroom.

.                                                                543

       1            THE COURT:  So noted.

       2            MR. MERRETT:  And the record then also

       3       reflect that the court expressed approval of

       4       identifying ourselves to avoid being

       5       encroached upon by Scientologists during a

       6       prior hearing.

       7            THE COURT:  So noted.  All right.  Well,

       8       State's announced that they've presented

       9       their evidence at this time.  Previously when

      10       I said that we would go to lunch and move on

      11       and go later, let's do this.

      12            This would good point then to break for

      13        lunch here and then I'll pick up the this

      14        afternoon and move to the other side and

      15        anything else that needs to be done?

      16            MR. MERRETT:  Judge, I believe that in.

      17       And I'm asking the court in a way to sort of

      18       take my word believe for it, I believe that

      19       we can dispose of, although I'm going to ask

      20       him to be retained as a witness, I believe we

      21       can dispose of Mr. Geiger's matter in about

      22       two minutes literally.

      23            THE COURT:  Let's do it.  Let's see what

      24       we can do with Mr. Geiger.

      25            MR. MERRETT:  If I may call the witness

.                                                                544

       1       to testify from here, Your Honor, and as I

       2       say, I'm asking the court to bear about me.

       3       I believe that --

       4            THE COURT:  Yeah, what I'm thinking

       5       about, we've got to get -- Mr. Geiger is

       6       here.  He's in the courtroom now and I'd like

       7       to do that too if we can.

       8            Attorneys approach the bench

       9        momentarily.  Let me see the attorneys.

      10             (Thereupon, the following proceedings were

      11        had out of the presence of the audience:)

      12            THE COURT:  The reason I asked you to

      13       come to the bench is I've been pondering in

      14       my head.  The bailiff I guess Thursday or

      15       yesterday told me that Mr. Geiger had been

      16       asking possibly that whatever he had to say,

      17       he had to say something that he wanted to say

      18       to the judge and not in full open court.

      19            I don't know what it is he has to say or

      20        what's on his mind that way.

      21            MR. MERRETT:  Judge, may I comment off

      22       the record?

      23             (Discussion was had off the record.)

      24            THE COURT:  Let's do that.

      25             (Thereupon, the sidebar conference was

.                                                                545

       1        concluded and the following proceedings were had

       2        in the presence of the audience:)

       3            THE COURT:  All right.  At this point

       4       we'll take up that Geiger matter, and

       5       Mr. Merrett, sir.

       6            MR. MERRETT:  Yes, sir.  Ms. Brooks is

       7       here.  May she testify from where she is

       8       seated?

       9            THE COURT:  That's all right with me.

      10            MR. POPE:  It will only be a moment and

      11       subject to the oath previously administered.

      12            THE COURT:  Yes.  Yes.  She's been

      13       previously sworn.  I'll continue her under

      14       the same oath and let's proceed.  What I

      15       would request of her is just to speak in a

      16       loud and clear voice so I can hear, the court

      17       reporter can hear and the people behind you

      18       can hear.  Okay.  Let's go.

      19                     DIRECT EXAMINATION

      20   BY MR. MERRETT:

      21        Q    Would you state your name, please, ma'am?

      22        A    Stacy Brooks.

      23            MR. MERRETT:  I have nothing further,

      24       Your Honor.  And I assume that Mr. Geiger has

      25       no cross-examination on that.

.                                                                546

       1            THE COURT:  Mr. Geiger, I need to do

       2       something.  Sir, would you come forward.

       3       Have a seat over here at this table.

       4            MR. GIEGER:  Here, Your Honor?

       5            THE COURT:  Yeah, that would be fine.

       6       Mr. Geiger, do you have an attorney here with

       7       you today?

       8            MR. GIEGER:  No, sir, I do not.

       9            THE COURT:  So you're proceeding pro se?

      10       You're representing yourself.

      11            MR. GIEGER:  Yes, sir, I am.

      12            THE COURT:  Okay.  Mr. Geiger, there was

      13       an order to show cause was issued for you and

      14       you have appeared and as far as the evidence,

      15       the show cause was taken out by the defendant

      16       in this case and the evidence that's been

      17       presented strictly amounted to calling Stacy

      18       Brooks and there basically was no evidence

      19       presented or anything for you to

      20       cross-examine.

      21            MR. MERRETT:  Your Honor, if there is no

      22       cross-examination, I have an announcement.

      23            THE COURT:  Yeah.  I was just going

      24       to -- would you please?  I was trying to

      25       figure, in light of the other testimony that

.                                                                547

       1       was presented as to other two on that one

       2       charging document whether you were going to

       3       piggyback that or not and I was then going to

       4       explain to him, so let me come back to you.

       5            MR. MERRETT:  No, Your Honor, it's my

       6       understanding that we could reopen the

       7       proceeding dealing exclusively with

       8       Mr. Geiger, that the prior evidence dealt

       9       with exclusively though the court.

      10            THE COURT:  Okay.

      11            MR. MERRETT:  It has come to my

      12       attention that the consequence pretty much

      13       however the court might rule, if the court

      14       were to withhold adjudication, anything that

      15       the court might do other than an acquittal of

      16       Mr. Geiger would carry grotesque,

      17       disproportionate consequences that are

      18       outside of the court's jurisdiction to

      19       effect.

      20            Consequently, for that reason, because

      21        of the likely disproportionate effect to

      22        carry of presenting additional evidence at

      23        this time the proponents of the order to

      24        show cause as to Mr. Geiger rests and I'm

      25        sure there is somebody here who as an

.                                                                548

       1        officer of the court can make a motion on

       2        Mr. Geiger's behalf.

       3            MR. POPE:  Your Honor, in all fairness

       4       to Mr. Geiger and since he's a layman in here

       5       it would appear to me that you should enter a

       6       judgment of acquittal.

       7            THE COURT:  Mr. Pope.  I thank you very

       8       much.  I was going on its own motion, was

       9       going to do that.

      10            Mr. Geiger, sir, the court at this time

      11        enters a judgment of acquittal on the order

      12        to show cause that was issued to you and you

      13        are free to go at this time.  And there is

      14        no further matters in my court at this time

      15        in this case involving you pending.

      16            MR. GIEGER:  Thank you, Your Honor.

      17            THE COURT:  Have a good day.

      18            MR. MERRETT:  Your Honor, my only

      19       request is he remain available as a witness

      20       or a phone if he can give us a number.

      21            THE COURT:  All right.  Let's do this.

      22       Mr. Geiger, the may want to bring you back as

      23       a witness.  But if you would give Mr. Merrett

      24       and Mr. Pope a phone number and I would

      25       request of them that they, because you've

.                                                                549

       1       been here and other than that confusion where

       2       the county has six different courthouses,

       3       give them a number where we can get ahold of

       4       you and we'll give you lead time to get here,

       5       okay, if they need you.

       6            MR. GIEGER:  Yes, Your Honor.  I would

       7       like to say that about the only way to get a

       8       hold of me would be e-mail.

       9            THE COURT:  Well, then give an e-mail.

      10       That's fine.  You can just give it to them

      11       and I would ask them as officers of the court

      12       treat it with respect.

      13            Let's do this now.  We'll go to lunch

      14        and I'll give you -- be back at 1:30.

      15        Listen.  Also, hear me, everybody.  I'm not

      16        unmindful that this is jury day and this

      17        puts a lot of extra people in the downtown

      18        area on lunch.

      19            If you go someplace and they happen to

      20        be a little slow serving you, don't gag down

      21        your food and rush back.

      22            We'll wait for you, but don't come back

      23        about three o'clock.  Try to get back as

      24        soon as you can around 1:30, okay.

      25            Everybody have a good lunch.  Thank you.

.                                                                550

       1             (Thereupon, a luncheon recess was taken,

       2        after which the proceedings continued.)

       3                      End of Volume IV