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DECLARATION OF GARRY L. SCARFF 
  
I, GARRY L. SCARFF, being duly sworn, hereby deposes and states : 
  
1. I am a citizen of the United states of America, a resident of Florida, and over the age of 18. The statements herein are made of my own personal knowledge and, if called as a witness, I can and will testify competently thereto. 
  
2. I have not been paid, and I have received no expenses of any nature, to write this affidavit. Moreover, this declaration is of my own hand as opposed to other declarations I have signed in the past which were written by other individuals. I am doing so on my own free will, void of any threat, deception or coercion 
  
3. In the last four years, I have experienced enormous pressure and harassment from the Church of Scientology International since giving deposition testimony in the case of Church of Scientology International v. Fishman and Geertz.  Because of sworn testimony I provided that was damaging to the Scientology organization, and upheld by the court in response to Scientology's conspicuous efforts to stop me from testifying, the Church has engaged in a nonstop implementation of harassment and intimidation geared toward my personal and professional ruin. I believe that the Church of Scientology was responsible for my being terminated from a Roman Catholic seminary, my termination from employment at Walt Disney World and my recent termination from an insurance company.  I fear the loss of my current employment because the Church of Scientology is a major client of my employer and is bait for professional intimidation by the Church. In fact, I have 
  
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observed a notarized declaration by a Florida private investigator who admits to having been hired to approach my employers at Walt Disney World and discuss my employment. Recently, Scientology attorney Elliot Abelson made reference to criminal and credit checks done on me by church staffers My father was approached at his home in Florida by an investigator impersonating a police official and intimidated. Later, church attorneys made untrue statements to the media about an estrangement between my father and myself, which did not exist. Members of Scientology's FLAG Division in Clearwater, Florida also approached and interviewed my mother in Lakeland, Florida 
  
4. A Scientology attorney has informed me of continued surveillance on me. Undue and uninvited pressure has also been placed on me by church attorney Timothy Bowles who flew from Los Angeles to Central Florida in an attempt to coerce me to recant my prior testimony 
  
5. In February of this year, I assisted a journalistic team from Germany to Los Angeles to film a documentary on Scientology. During the three days I was with the team, we endured the most significant effort ever played out by scientology staff and private investigators to intimidate the German journalists to end their documentary project. At one point, the German film crew sought the assistance of the Los Angeles Police Department to protect them from the threatening overtures of Scientologists whom brazenly pursued us to and into a police station where a detective, after consulting privately with Scientology attorney Elliot Abelson, turned the German crew away. Recently, Mr. Abelson informed me that the Scientology organization had the Los Angeles 
  
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Police Department in their 'back pocket" due to large financial contributions they have made to the LAPD and the relationship they have with Los Angeles Mayor Riordon. 
  
6. I saw attorney Abelson again the following month in Clearwater, Florida where I engaged in a picket on Scientology's paramilitary headquarters, the Sea Organization and paid tribute to the suspicious death of a young Scientologist who was starved to death following her attempts to leave the organization. Mr. Abelson was friendly, good humored and talkative to me. With Mr. Abelson was Mike Rinder, a top level Scientology executive whom was also friendly and non-threatening towards me, and encouraging me to meet with them to resolve our mutual animosity towards one another.  Rinder encouraged me to write him a letter and said he would assist me in any way he could. 
  
7. In May 1997, I wrote Elliot Abelson a letter requesting an opportunity to discuss our mutual conflicts and to end whatever animosity which existed between the Scientology organization and myself. When Mr. Abelson expressed a willingness to meet with me under more friendly terms, I consulted with Graham Berry, the chief attorney in the Fishman-Geertz case and accepted his offer to represent me in negotiations as my attorney on a pro bono basis. 
  
8. Scientology attorney Elliot Abelson communicated to me that he would not attend any meeting with me as long as Graham Berry served as my attorney.  Mr. Berry is the object of much hate and maligning in the Scientology community because of his successful litigation efforts against the Church of Scientology. scientology's hatred for Mr. Berry has also been reflected in the 
  
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thousands of dollars they've spent investigating Mr. Berry'spersonal background and creating deliberately degrading and hurtful declarations on unethical and illegal acts committed by Mr. Berry, which have no basis in fact and cannot be substantiated. 
  
9. Mr. Abelson expressed his "sincere desire" to meet with me and to do whatever was necessary to remove me from "the litigation pickle" that I was in, if I cooperated fully with him. Mr. Abelson directed me to fire Mr. Berry as my attorney and wrote in a letter that he had received communications from Mr. Berry, which Berry denies, that Mr. Berry sought me out as a client because of his ability to coerce me into working as a witness in future cases involving Scientology, and that Mr. Berry expressed no real desire to help me. 
  
10. Pursuant to the offer made by Mr. Abelson, I fired Mr. Berry and signed a declaration provided to me by Mr. Abelson that I was not represented by any lawyer. Mr. Abelson said it was impossible to meet with me without it. Mr. Abelson also sent me a letter advising me that I should keep secret the planning of the meeting, all communications with him, and the meeting itself secret. I chose to ignore Abelson and spoke freely to Mr. Berry about my intentions and I believe, sent him copies of Mr. Abelson's letters to me as well. I did not want to be caught up in the covert histrionics that Scientology tends itself to when participating in intelligence activity. 
  
11. Initially Mr. Abelson and I tried to decide on a mutual date when we would meet in Clearwater, the Church of Scientology's headquarters for its paramilitary division, the Sea Organization. Mr. Abelson then pressured me to fly to Los Angeles to 
  
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meet with him. In his first call to me regarding coming to LosAngeles, he implied the opportunity to come to Los Angeles for a "nice, relaxing weekend" which entailed by flying from Florida to California on Friday night and returning Sunday morning.  Relaxing, indeed ! Because of the pressures of my employment where I had recently transferred to another department, I suggested holding off for several weeks so that I could become accustomed to my new position and some of the pressures of change were absorbed in my life. Mr. Abelson said "No, that is not possible" and again pressured me to spend my Independence Day weekend in Los Angeles with him. 
  
12. In response to Mr Abelson's overtures, I flew to Los Angeles, where I was picked up by a member of the Church of Scientology, and taken to the Hollywood Roosevelt Hotel in downtown Hollywood, arriving the night of July 3rd. Although Mr. Abelson and I had mutually agreed that there would be no games played, andthat I would not be harassed by members of the church, I soon learned that "Charlie," the gentleman whom picked me up at the airport and played host for my visit, was, in fact, exercising the Scientology policy of "handling" me. I posed a number of questions to Charlie about the arrangements of my visit, which he stated he had no knowledge of. Shortly after checking in to my hotel, I decided to walk around downtown Hollywood, whereby my host decided to walk with me. We had dinner together. During dinner there were a couple of occasions when Charlie excused himself to go to the bathroom. On one such occasion, I followed him and stood outside the bathroom door just around the corner out of what would be his eyesight. A moment later I heard him on the telephone giving a 
  
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report to someone about what I was doinq, what I intended to do that night, what I was talkinq about and an acknowledgement that I was under surveillance. I expressed the desire to Charlie to visit the L. Ron Hubbard Museum on Hollywood Boulevard, a few blocks from my hotel.  Charlie informed me that the museum was closed. When I told him that I wanted to walk down by it anyway, Charlie informed me that Elliot Abelson had "ordered" me to "stay away from the building" and that I was "well hated" by other Scientologists and that my safety could not be insured entering a Scientology building. Later, Elliot Abelson informed me that Michael Rinder I would be extremely angry with me if I entered any Scientoloqy buildinq or center. After dinner, I went back to the hotel, was advised by Charlie that Elliot Abelson would arrive at the hotel the next morning at 9:00 am. and we would drive to whatever location our meeting was to be held I then bid Charlie good night and watched him leave the hotel as I took the elevator to my room. Several hours later, as I returned to my room after filling an ice bucket, I was surprised to see Charlie in the hotel and accessing the room directly across from my room. 
  
13. On Friday morning, July 4, I went outside to the valet parking area to wait for Elliot Abelson when I ran into Charlie who told me that Elliot "instructed" me to wait inside the hotel for him. At approximately 10:00 a.m., Charlie said that Elliot Abelson was upstairs waiting for me. I took an elevator upstairs and I was walked to the room directly across from mine which Charlie said was where our meetings were to be held. Entering the room, I observed there was a large suite adjoining the room that had video and audio taping equipment set up. The locked 
  
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door in my room which . Charlie told me was "probably a closet" was, in fact, an access door from this conference room into my room. As I entered the room, I was greeted by attorney Abelson and scientology paralegal Ken Long whom I remembered had sat with scientology attorneys during my deposition in the Fishman/Geertz case. 
  
14. Mr. Abelson said that he wanted me to be as comfortable as I could, taking into account my AIDS condition, and that he wanted to ask me questions in a laid-back and relaxed manner. Mr. Abelson questioned me specifically on two topics : my testimony in the Fishman/Geertz case and my work with the German journalists making the documentary in Los Angeles. I stressed that I wanted a scientology executive present during questioning and would not cooperate with him if this previously agreed to condition 
was not met. Mr. Abelson swore that he did not know the whereabouts of Mike Rinder but that he would try to find him and that other scientology attorneys whose presence I requested were out of town for the holiday weekend. 
  
15. In my conversations with Mr Abelson, I related the tremendous pressure, stress, and heartache that I had endured as a result of ever becoming involved in the battles between scientology and their perceived enemies, that both sides were at fault, and that I just wanted to live my life in peace, acknowledging the rights and freedoms of Scientologists and non-scientologists. Mr. Abelson asked pointed questions which alluded to my former attorney Graham Berry having knowingly participated in a criminal conspiracy in defending the Fishman/Geertz case. I replied that I did not mknow of any criminal or unethical activities conducted, conspired 
  
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or performed by Graham Berry. At this point, Mr. Abelson called for a break and ordered the cameras turned of 
  
.16. During the break, Elliot Abelson asked me about several people that I had testified about in my deposition, including Adrian & Anne Greek of Portland, Oregon.  Although my relationship with the Greeks figured heavily in my depositions in the Fishman/Geertz case, and in a lawsuit filed against the National Cult Awareness Network, Mr. Abelson said he didn't know anything about them because he'd only been a church attorney for 4 years Mr Abelson also informed me that he had read my testimony and wanted to know how I could expertly testify to the knowledge of certain exhibits in my Fishman/Geertz testimony since I had not been present at the time or place where the documents were created, and by my testifying to the accuracy of them, I was guilty of perjury and lying under oath. I told Mr Abelson that Mr. Berry had actually shown them to me and that I recognized them as Scientology documents from my having had possession of them myself, or from my own individual experience in Scientology, I recognized them.  Whether they were introducible into evidence or not was a question that I left to the attorneys. 
  
17. Mr Abelson informed me that he brought me to Los Angeles to remedy my conflicts with the Church of Scientology and if I cooperated openly and fully, I would be in a position where no party would be able to involve me in litigation, including that ofGraham Berry. Mr. Abelson again asked me questions that he had asked on-camera and that I denied. When I reiterated what I said before, Mr Abelson became short-tempered and said that I was manipulating him by not being truthful I sensed from him an 
  
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intention to back down from every condition we had established to my coming to Los Angeles and to play a manipulative game intended to use me as a weapon for Scientology to use to hurt others. My suspicions were later confirmed to me in the form of declarations. 
  
18. Mr Abelson and I went back to the suite and continued our conversation on film and audio with Mr. Abelson calling an end to the taping at 4:30 p.m. stating that he had a dinner engagement with his wife that evening. Mr Abelson suggested that Charlie and I go to a movie theater and see "Face-Off" starring John Travolta, a member and celebrity spokesman for the Church of Scientology. We did this at the expense of the Church of Scientology. 
  
19. The next morning, I went to the suite for what was supposed to be a 10:00 meeting with Mr. Abelson. We actually did not meet until nearly 3 hours later. Because of the time that had been wasted for me to continue our meeting, I decided to leave the hotel and play "tourist" until Mr. Abelson was physically present at the hotel and prepared to begin our meeting. I told my host/driver that I wanted to go have lunch at an outside cafe in West Hollywood which we did. At approximately 12:30 p.m. in the middle of our meals, Charlie received a beeper page and he went inside the restaurant to make a call. He then came rushing out of the restaurant stating that Elliot Abelson was ready to meet with me again. I responded that I was kept rudely waiting all morning, that I was in the middle of my lunch and that they would just have to wait until I finished my lunch. Charlie became very anxious and upset at my refusal to leave everything behind to rush back to the hotel to meet Mr. Abelson. Again, I told him he was free to go back to the hotel himself, but I was staying. A half-hour later, I 
  
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arrived back at the hotel to meet a very angry Mr Abelson at which time I made a derisive joke about egotistical attorneys and said that I ran my own show, not him. 
  
20. Mr. Abelson then informed me that there was someone in the other room that I had asked to be present and Mike Rinder came out of the room and shook hands with me. It was a startling and very emotional moment coming face-to-face with the high-level Scientology executive that I had physically confronted in Los Angeles during the German documentary filming (which was filmed and aired to an audience of millions in Europe) and that I had words with several times during the filming (as we were intensively pursued and shadowed by Scientology members and private investigators working for the Church) 
  
21. My feelings and emotions for Mike Rinder are very conflicted.  In his position as International Director for the Church of Scientology International's Office of Special Affairs (OSA), which was formerly known as the Guardian's Office and is widely regarded as the church's intelligence division, Mr. Rinder would be very aware of the hurtful activities that have been played out against me in pursuit of the church's Fair Game policy. On the other hand, I am unexplainably moved to respect Mr Rinder in a mixture of fear, affinity and confusion. 
  
22. Mr Rinder said that he had wanted to ask me some direct questions in addition to those asked by Ken Long and Elliot Abelson.  I invited him to ask anything that he wanted. During our interview, Mr. Rinder expressed frustration, gave me a sheet of paper and asked me to talk about how the Clearwater Police Department acted in concert with the anti-scientology picketers 
  
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last March that drew the attention of local and international media. After Mr. Rinder left the room, I became very emotional and cried to Mr Abelson that I wanted to end the meeting because Mr. Rinder did not believe what I was telling him. Mr. Abelson assured me that he did and suggested that I go outside and take a break. I did so in the company of my host/handler. 
  
23. When I returned to continue the discussions, Mr. Rinder sat down in front of me and said, " So, you don't think I believe you ?". I looked at Elliot Abelson and asked him why he told Mr. Rinder what I said and he replied that it had been required by his obligations to Mr. Rinder as a church attorney. I told Mr. Rinder that I did not want to be his enemy anymore, that I wanted to be his friend and that I would do anything to prove my worthiness to him including putting a gun to my head and pulling the trigger. Mr. Rinder scolded me that he did not want me to kill myself, that he only wanted me to do what the Church of Scientoloqy requires it's members to do ..."to tell the truth and the truth shall make you free." I asked Mr Rinder if he would talk to me again after our meeting, at which he replied that it was his obligation I as a minister of a church to help people, that scientology is in the business of helping people, and that he would help me if I asked for it. 
  
24. Shortly thereafter, Ken Long walked into the suite with several documents titled AFFIDAVIT OF GARRY SCARFF which Elliot Abelson said he wanted me to sign. I was alarmed that much of the information that I had given was twisted, had been creatively and dramatically written to emphasize that I was an individual with severe mental illness and a patholoqical liar, and  
  
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accused my former attorney of acting unethically and criminally.  I asked Elliot Abelson if the declarations were written by Scientology investiqator Eugene Ingram because the dramatic and flamboyant style in which they were written, and because the very accusatory tone as to specific individuals is very similar to declarations that Mr. Ingram had written previously. 
  
25. Mr Rinder then said he knew that I was doing the right thing and that I would not have come all the way to Los Anqeles without the accompaniment of an attorney if I didn't want to be truthful. Mr. Rinder said he did believe me, that I was telling the truth that day, that my physical and emotional health had been severely damaged and mocked-up by Graham Berry, Larry Wollersheim and Vaughn and Stacy Young. He said that he wanted to be my friend.  I told him that I wanted to remain in Los Angeles, or at least move to Los Angeles, so I could work with him. He replied that I needed help, that I needed to win over my AIDS condition and that he would help in any way he could I then agreed (without reqard for how it may hurt others includinq my friend and former attorney) to sign one major declaration and a number of smaller declarations derived from the larger declaration. Mr Abelson, on videotape, went throuqh the motions of introducing himself, introducing me, asking me whether any of the AIDS-related medication I'm taking had side effects that would alter my ability to provide "truthful" testimony, then held up pages of the declarations into the eye of the camera lens, introduced his notary public (a Scientologist) who had me swear to the truth of the declarations prepared for me and I signed them in her presence. 
  
26 Initially, when I first saw the major declaration, I 
  
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became very angry as it betrayed every reason and condition for my aqreeing to meet with Mr. Abelson and I demanded that I have the opportunity to amend statements and to scratch out statements that I had not made I recall going through three or four drafts, at the visible unhappiness of Mr. Abelson and Mr. Rinder.  When the final draft was completed and printed out by Mr. Long on his laptop computer, I told Mr Abelson that I wanted to read the declaration instead of him simply holding pages up and introducing them on tape. Mr. Abelson refused to abide by my request and we argued, then Mr Rinder interceded and instructed Mr. Abelson to let me read it on tape. Mr. Abelson then argued with Mr Rinder about the "waste of time"  it would take for me to read the declaration, but Mr. Rinder interceded and told me to read it. 
  
27. I slowly and deliberately read the multi-page declaration to the obvious ire of Mr. Abelson who resorted to hand motions to urge me to speak faster.  I ignored him. In the mid-point of my declaration, I observed Mr. Rinder fa11inq asleep onthe sofa. 
  
28. At the conclusion of the videotaping, Mr Abelson promised me that I would have copies of all declarations, audiotapes and videotapes of my interviews and the reading of the declarations before I left Los Anqeles to go home. This was not the case. I received copies and one videotape three weeks later, after I had faxed a demand letter for them, made one personal telephone call to Elliot Abelson, and spoke with paralegal Ken Long who told me that the Church did not intend to release the promised materials to me until Scientology attorneys had had the opportunity to use them. Shortly afterwards they arrived in the mail. Mr. 
  
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Abelson later apologized for the delay in getting copies to me saying that he had been very busy and discounted Mr. Long's statement to me, saying that he was out of line and apologized for him as well. 
  
29. I left Los Angeles on Sunday morning, July 6th. 
  
30. Having received the declarations, and having had the opportunity to carefully review them without being hurried along as I was by Mr. Abelson, and in an environment free of Scientologists, I am now cognizant of numerous distortions of fact and statements I had made in those declarations. 
  
31 In a personally-driven attempt to retire from the loop of the scientology wars that I had been an intimate part of for nearly two decades of my life, I was willing to do anything I could to facilitate that desire, even if it meant denying my past, denying the truth, and opening myself up to potential perjury charges. My mindset was and is now, that nothing could hurt me more than what I've had to endure as a PWLA (Person Living with AIDS) , and that although I would be scourged by two opposing sides, it would provide me the opportunity to leave my past behind me and live for the future. 
  
32. It wasn't until after having spoken to Graham Berry that I learned of the potential that my declaration had to destroy a man's professional career, if such declarations were misused in a manner intended to do just that. After carefully reading my declarations and recollecting my conversations with Mr. Abelson who claimed Mr Berry to be "a very troubled man in a lot of trouble", I concluded that Scientology attorneys were intending to use me as a weapon to destroy Graham Berry. 
  
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33. For the record, I attest that the most current declarations I signed under pressure and encouraqement from Scientology officials are deliberate distortions of facts stated and believed I feel remorse for falsely implicating Graham Berry, Esq. in any activities which, under the laws, would be viewed as unethical or illeqal. I have known Mr. Berry since the Fishman-Geertz case was pending in 1993. I first met him when he flew me to Los Angeles, ironically, during the Independence Day weekend in 1993, to take my declaration.  Having given declarations and depositions in the past, and having had legal education in college, I am aware that declarations may be taken prior to speaking in a deposition because it gives attorneys the opportunity of discovery and learning whether such a witness would be useful in a deposition scenario. Unlike the corroborated "witness schools" which have existed in the Church of Scientoloqy for years, Graham Berry did not, and has not, ever offered or spoken to me in the manner of coaching me for a deposition as Mr Abelson alleges. 
  
34. Admittedly Mr. Berry and I have had our moments. We both possess strong personalities that have clashed more than once, but that does not give anyone the right to falsely implicate Mr. Berry in wrongful conduct and wrongful activities. 
  
35.  Contrary to my July 5, 1997 declarations, prepared by Scientology representatives, Graham Berry, Esq. has always advised me to tell the truth, to be precise with the facts, and to stand strong against Scientology-based intimidation and coercion implemented as a result of the Church of Scientology's Fair Game Policy. Specifically : 
  
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(a) M. Berry never "spent several days drilling for the deposition". The work "drilling" is an oft-used Scientology word with it's own individual definition. The two days I spent with mr Berry prior to my deposition in the Fishman-Geertz case were spent in the presence of a court reporter, in a law office, who took what was described as an examination under oath. The two volumes of this examination under oath, along with a prior examination under oath, were made exhibits to the transcript of my deposition 
  
(b) It is my understanding that an attorney is entitled to meet with a witness to discuss his knowledge of a case, and to determine from that discovery whetherto use the witness in a deposition. I also met with attorney Dan Leipold for the former Cult Awareness Network. At no time have Scientology attorneys inferred that Dan Leipold was coaching me as a witness although I was speaking to him as an adverse witness to the Church. 
  
(c) During the Fishman-Geertz case, Graham Berry went well beyond the call of duty for an attorney to ensure that I was protected against physical assault from members of the church by hiring off-duty Los Angeles Police officers to insure my safety. Also, because of the mental and emotional struggles in testifying against something that I had had a close bond to for many years, Mr Berry hired counselors to assist me if I needed someone to talk to 
  
36. I profess that I am not an attorney and I do not 
  
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know what are considered acceptable tactics in a court of law. It is true in my declaration given to Elliot Abelson that Graham Berry had me authenticate certain documents which were introduced as evidence in my deposition of which I had no first-hand personal experience with.  It is also true that Scientology attorney Abelson informed me that Graham Berry was indeed committing an illegal act, worthy of disbarment from the California state Bar by having me authenticate documents that were created at a time and place I was I not in the direct vicinity. I have trouble with this I can with almost certainty identify the writing of my parents,  to testify and identify letters that bore their handwriting, even though I was not present when they wrote the letter, makes me less capable in identifying something that I had maintained personal, intimate contact with for a period 40 years ? I was indeed capable of [ "40 years?" is partly handwritten] authenticating Scientology~related documents in the Fishman-Geertz case, and certainly did so, with very few objections from the two Scientology attorneys present at the time. 
  
37. during my "seventeen days of sworn deposition in the Church of Scientology International v. Steve Fishman & Uwe Geertz case ... " I never manufactured "one lie after another for Berry's use against the Church of Scientology". Furthermore, since my testimony was factual, I was not concerned about any perjury and had no discussions about any perjury with Graham Berry. Accordingly, Mr. Berry never assured me not to worry about perjury, or said that he would take care of it, or said that any Scientologist who testified otherwise would not be believed because the Courts were prejudiced against scientology. What I have learned from my own observations is that the courts have become  
  
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aware of the less-than-conducive tactics of church attorneys, and their legal losses tend to be proportionate to their own self-created problems. 
  
38. My deposition testimony, in the Fishman-Geertz case, as to a conspiracy "with attorneys Kendrick Moxon, Timothy Bowles and Laurie Bartilson, as well as investiqator Eugene Ingram, to murder CAN's Executive Director, Cynthia Kisser, and San Anselmo attorney Ford Greene, was absolutely factual, was not false, and was not "completely fabricated"... a phrase written into my prior declarations by Scientoloqy attorney Elliot Abelson.. "with the knowing participation of Mr. Berry." At all times, I was testifying truthfully and as a result I gave Mr. Berry no reason to think otherwise. 
  
39. I have never "been informed by Mr Berry or others that a litigation tactic successfully employed aqainst the Church was to allege threats or fears for one's life", a phrase which was written into my declarations with attorney Abelson, by Mr. Abelson himself to further incriminate, without just or legal cause, Mr. Berry. 
  
40. It is also not true and correct that "my deposition in the Fishman-Geertz case was a show put on by Graham Berry, in which I attended his 'witness school', learned how to authenticate exhibits I had never seen before, and then matriculated through 17 days of blatantly false testimony with Berry's assurances that I would never be prosecuted for my falsehoods". I know and can attest to the phrase "witness school" as a Scientology phrase. My 17 days of excruciating testimony, which was so stressful that it exaggerated an ulcer condition, was very true, very factual and correct. 
  
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41. It is also blatantly false that Graham Berry has "helped me lie while publicly protesting attacks on my credibility." This phrase was a creation of Scientology attorney Abelson as yet another example of the Scientology's exuberant hatred for Graham Berry.  Moreover, Graham Berry, Esq., has never "knowingly participated in bringing me to create false testimony" and therefore it is absolutely false that he "should be accountable for his actions" 
  
42. All of the testimony that I gave under direct examination and cross-examination during the 17 days of deposition in the case of The Church of Scientology v. steve Fishman and Uwe Geertz was true and correct at the time that I gave it, having been sworn in by an officer of the court, to the very best of my knowledge and belief, and it remains true and correct to this day. 
  
43. I deliberately and falsely recanted this testimony on July 5, 1997, in Los Angeles in the company of Scientology attorney Elliot Abelson, Scientology executive Mike Rinder, Scientology paralegal Kenneth Richard Long, and a Scientologist cameraman Earlier events to have this meeting accompanied by an attorney to assure that my personal rights were assured were ignored by the Scientologists who refused to speak with me unless I fired my attorney and signed their declaration confirming the termination of my legal representation. Further, my recantation was inspired by the culmination of enormous harassment, intimidation, slander, conspiracies to cause damage in my personal livelihood and the enormous impact that such actions were having on my weakened health I am a man living with AIDS and have suffered  
  
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maladies attributable to the AIDS virus. Because of the stress and fear of retaliation by Scientology members, I believed that a total repudiation of past testimony would free me from the future such activities by Scientologists towards me. I also wanted to believe that Scientology attorney Abelson cared for me, cared for my health and wanted to be my "friend", and to achieve this I relented to attorney Abelson's demands to participate in the discussions specific to what Mr Abelson said was of importance to Scientology at the time, and after they had worded and created the declarations their words and flamboyant editorial style, signed various July 5, 1997, declarations that Abelson insisted I sign before returning to Florida. I complied. 
  
44. Mr Abelson advised me on a number of occasions, true to the conditions we had verbally agreed upon in meeting, that I would be provided copies of my declaration, copies of the videotaped discussions, and copies of audiotapes prior to my return to Florida. Mr Abelson failed to honor this agreement. Three weeks later, I spoke to Scientology paralegal Kenneth Long who informed me that Abelson and Rinder had decided to not release to me any of the declarations and tapes until such time as they decided to facilitate them in some legal action. Following several long-distance angry telephone calls, Mr. Abelson mailed me some, but not all of the materials that he had promised me. 
  
45. Since my return from Los Angeles to Florida, I have reflected upon what I did and why, and I now wish to correct that record before any further damage is wrongfully done to injure Graham Berry's personal and/or professional life 
  
46. As a terminally ill individual, I placed the 
  
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importance of my personal situation above all else and was amiss in looking at the circumstances of my bad judgment. I was also mislead, again, by what I first observed was the compassionate and cordial side of Scientology which agreed to meet with me under my own conditions, yet, I was driven to pursue, support and record precisely what Scientology representatives sought from me : testimony that falsely incriminates an attorney and declarations that present me as a totally unreliable individual with no integrity, no dignity or self-worth. I have come to experience many broken promises in the last two months, and given their attitudes toward me during our meetings, and afterwards when they demanded that I sign declarations that they had written, I realized that I was just another "good end product" to Scientology and a weapon that they could use to hurt and injure others. 
  
47. Likewise, I have learned the hard way, after wanting very much to forgive, to trust and to believe, that working with Scientology is like working for the Mafia. You can be their friend, but if you don't follow them and follow their rules, you pay a high price ! 
  
48. To my knowledge, I have never known attorney Graham Berry to have participated in any unlawful, unethical or improper conduct. 
  
49. With this truthful and factual correction of the record, it is my wish to have no further involvement in any matters relating to the Church of Scientology, except for those matters where my personal integrity is questioned and maligned. However, my primary focus is concentrating on my own health and stress-free environment as much as is humanly possible. 
  
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I declare under penalty of perjury under the laws of the United States and under the laws of the states of California and Florida, that the foregoing is true and correct. 
  
Executed in Orlando , Florida, this 14 day of August, 1997. 
  
 

  

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Comments : 
  
Subject: LMT: Trust and Good Faith
From: Joe's Garage swatron@xenu.net 
Date: 8/2/00 6:46 PM Central

Snipped :

Let's go back to a previous similar incident, back, back to Scarff, a wonderful OSA "defector" who said what everybody wanted to hear when he first "defected" from OSA. Wasn't he terrific telling about how he was told to commit MURDER for Scientology? Everybody really liked that, but then Scarff Scarffed out and said he would sue the German TV station if they broadcast the blubberling Scarff show again. Did Scarff end up striking a decisive blow to the heart of the enemy? It depends on if you believed him or not.

One good thing about Scarff is that now we can honestly say that an OSA defector has given sworn testimony that he was part of a SCIENTOLOGY MURDER PLOT. Even if the whole thing was a lie, nobody can prove it one way or another. So he can be taken at his word, stipulating that >is what is being done. In other words, it would be improper to say that Scientology plotted to murder its critics, but it is perfectly OK, and perhaps even beneficial to say that an OSA "defector" has given sworn testimony that he was part of a Scientology murder plot.

Joe Cisa r: 

Joe, I would like to comment on this. There is an extensive Gary Scarff Declaration which goes into quite a bit of detail on the scientology plot to murder Cynthia Kisser. I worked in the CAN office as a staff member and there are details in his Declaration that only a CAN person or someone who had CAN and Kisser under surveilance would know. I have communicated privately with Scarff on this matter and he has provided other details which make me a believer.  In this Scarff Declaration the other scientologists alleged to be involved in
this are named. Not one of them has ever refuted Scarff's statements. A Chicago Scientologist, Randy Kretchmar, was named by Scarff aas an accomplice and Kretchmar has never denied or refuted in any way this charge. I am part of a project which is writing up a report on the harassment, destruction, and takeover of CAN. This alleged murder plot will be in this report. I recently contacted Randy Kretchmar asked to meet with him as I wanted to provide him with the opportunity to refute these charges or tell his side of it. Kretchmar has refused to meet with me or to communicate about this. His wife is also a scientologist and I have written to her and asked her directly if she knew of this plot. She is a major contributor to the 'War Chest'.

I have read papers that were in the CAN Files that were written by Gary Scarff and I believe that he was recruited for this plot and other infiltration activities against CAN. Scarff was a young guy with family difficulties and who really wanted to go to a Seminary. He did go and got into a hassle the result of which he either left or was asked to leave. Somewhere in this he wondered into scientology's waiting arms and they saw a young naive guy that they could use for their sick purposes. He never really did much in the way of scientology courses as they right off enlisted in in their schemes against CAN. They knew that if Scarff got caught they could distance themselves from him and say, "well, he is not a scientologist and he took no courses etc. here ..." They set him up to infiltrate some anti-cult people in Seattle or Portland, they had him infiltrate CAN as a 'Jonestown' survivor. Both of these operations were briefly successful and did a lot of damage to CAN and some persons in the anti-cult arena. I'm not sure of the time line in all of this but somewhere in this they sent him off to Chicago where a surveillance team had tracked Cynthia Kissers' daily route and activities. Scarff says in his Declaration that Kretchmar was to meet Scarff and help him cut the brake lines on Kisser's car. They knew what kind of car she had and a lot of small detail. They were to follow Kisser to ensure that she had an accident. 
  
This plan was aborted for some reason. According to Scarff, Chicago Org staff members, Alan Brooks and Mary Anne Ahmad, knew about this plan. I don't think that the scientology higherups, like Moxon and Weiland, ever actually thought that Laurel and Hardy would bring off this scheme but if they did...what a big win. The evil Cynthia Kisser would be out of the picture and scientology could continue on with its mission to Clear the planet If they got caught...well, one was not a scientologist, "we don't have him in our records" and the "other was a bad apple and we got rid of him."

It is easy without having access to certain details and materials to discount Gary Scarff's claims. However, having looked into it from an inside view, so to speak, I believe him. I did not want to believe the disclosures about the CAN spy, Jolie Steckart, who used the stolen identity of Laura Terepin but when I took a good look at it, her perfidy was undeniable.

There is a great deal of information that is slowly surfacing about the Church of Scientology's plan the destroy CAN. It is nasty, ugly stuff. The Chicago Org is revealed to be much deeper involved than previously known.

I believe that Gary Scarff was telling the truth on this and that he has more information that he has not revealed. I believe that he has not revealed this information because he is under some kind of threat f rom the cult. 

JImDBB 
  
"Q. Now, at this early Sunday morning meeting on or about November 17, 1991, which I think is when you testified it occurred --"

A. It occurred very late at night and it was after midnight so that's why I said Sunday morning versus Saturday night as previously stated on the record. 

"Q. What was said at that meeting by whom ? "

A. First David Butterworth recalled my meeting with him. Just prior to that it was like two and a half weeks prior to that when I first met him at the Cult Awareness Network conference in Oklahoma City and he recalled our conversation where I asked him if I was doing all I could to meet their conditions of amending my past where I was not obedient and where I had cursed the Church of Scientology and where I had made up lies to hurt the Church of Scientology when I was angry at the world and he said there was one more thing that they wanted to do. And it was something that would ultimately bring down the Cult Awareness Network. "They said that up to that point that everything they had tried to do was not successful and that they wanted to get rid of Cynthia Kisser once and for all because she was the whole reason that the Cult Awareness Network existed. She was the wglueW that held it together and if they could get rid of Cynthia Kisser once and for all that there would be no one there competent enough to replace her. wAnd it was Eugene Ingram that said that Priscilla Coates might step in but that the "old broad" was "not intelligent enough or didn't have enough time on her hands or something to that effect that she would be able to walk in and take over for Cynthia Kisser. "So in order to destroy the Cult Awareness Network all we had to do was destroy Cynthia Kisser. And I assumed when he said this that he meant simply attacking her credibility as they have done in the past but doing it with much more vigor than they have done so in the past. 

"Q. What else was said at that conversation, at that meeting ? "

A. Only that they talked to me about the specific operation where, if I performed this operation that if L. Ron was still alive he would be honored to have me at his side and that Mr. Ingram informed me that David Miscavige was personally aware of this operation and considered it an honorable role on my behalf, would welcome me with open arms if I was to perform this operation, and then we got into the specifics of what they wanted me to do. wQ. And were the specifics what you testified about with regard to Cynthia Kisser just before the break -- let me withdraw the question. 
  
"What were the specifics of the operation very briefly ?"

A. The specifics of the operation was for me to fly to Chicago O'Hare Airport, rent a vehicle with the information provided to me by the Office of Special Affairs in Los Angeles and the [ OSA in Chicago particularly with the tools provided to me by Randy Kretchmar, who is an | official of the OSA in Chicago, to follow Cynthia Kisser home, run her off the road and take all steps necessary to render Cynthia Kisser dead. "It was also discussed for a greater impact in these events that if someone within the Cult Awareness Network got smart enough to replace Cynthia with someone else, and that if Cynthia Kisser had her daughter with her, it would be an added benefit to kill Cynthia Kisser and to kill her daughter as well, because when a child dies it carries a greater impact in the ; minds of the public than if simply an adult dies, and that would send a message to the Cult }Awareness Network that it was time to end their hatred toward whom they perceived to be cults. 
  
"Q Now, was Gene Ingram present at that meeting ? "

A. He was present, yes. 

"Q. did he say anything at that meeting ?"

A. Yes, he did. He told me that there was absolutely no way that I could be held l accountable if I -- there is no way I could be caught -- first of all, that immediately after I did l it I was to fly back to Los Angeles and that Mr.Ingram would be responsible for putting me l into to a safe house and if need be, he could ferret me out of the country to Brazil or Mexico l City or one of the other places that they have established safe houses at. And that they would l keep me there until the steam blew off or until Bowles & Moxon was successful enough in l impeding any type of legal investigation towards me and that I would be held not accountable l for these crimes, and it was specifically discussed that they would put me into hiding and that l any type of criminal investigation that was pending towards me, any type of legal investigation l that may have started as a result of this murder, that Bonvles & Moxon would step in and l throw so many legal maneuvers at the courts that there is no way that I would be eventually l prosecuted for this crime. And Eugene laughed and said that --he said, 'Trust me. I mean the court dockets are so overloaded right now, if Bowles & Moxon was to throw all these legal maneuvers at the courts there do be absolutely no way that prosecutors would find the time to want to prosecute you for something like this. ' "And then we got into discussions that -- what would happen if the authorities did charge me with a crime, if there was the possibility of them catching up to me and if what he said was going to happen as security precautions did not work, that's when he mentioned that I could TKO.

"Q. And what is TKO? "

A. I didn't know if it was a Scientology phrase or it is something that Eugene Ingram used in law enforcement. 
  
Is it a law enforcement term ? 
  
I don't know. But he told me that TKO was -- and he showed me with his hand. It is not something that he just told me. 

"Q. What did you take him to mean by this? "

A. I asked him and he said that I could just end my life and that all it takes is a gun shot in the mouth. And -- I mean he was very specific in telling me that unlike what you see on television where people simply stick the barrel into the mouth and pull the trigger, that l sometimes people will not die as a result of that because you have to sever your spinal cord l when you shoot into your mouth to kill yourself. So he suggested sticking it up towards the l gums so it blows my brains out. Therefore, my brain would not -- he got into technical side of suicide, and the fact that if you blow your brains out you may not die right away but at least your brain ceases to function and you don't have pain. He says it is a very quick, easy way to end your life. 

"Q. You mentioned earlier that someone had said that L. Ron Hubbard would be pleased to have you at his side. Did you have any understanding of what was meant by that statement?"