From http://www.sierratimes.com/02/11/29/raythomas.htm
Cuttin' through the Bull #142
Government Rape of a Citizen
By Ray Thomas Copyright © 2002
Published 11. 28. 02 at 22:57 Sierra Time
In late August, 1995, a bunch of thugs broke into a private home in Boulder, Colorado and stole several valuable computers, hard discs and thousands of floppy discs containing lots of private and sensitive information that detailed the alleged depredations committed against its members by the Church of Scientology. This effectively put the victim out of business. These thugs - minions of the church -- were accompanied by armed thugs wearing the badge of a federal marshal.
This was a surprise raid carried out to seize materials the church claimed is proprietary and copyrighted information. Church secrets.
What?
JACK-BOOTED THUGS?
A surprise raid by what amounted to a bunch of jackbooted thugs in support of a matter that, last I heard, was a civil action? A raid during which, if recent experience with similar federal surprise raids is any indication, could have resulted in this person being shot and killed, had he chosen to resist the unwarranted intrusion. Over a copyright infringement suit?
SINCE WHEN?
Since when does a judge in a civil copyright case raid one of the parties, confiscate important evidence, and turn it over to the other side, there to be, at best, copied in its entirety for future study at leisure, or at worst, altered? Last I heard, copyright cases are usually resolved by giving a monetary award to the injured party to ensure no further use of the copyrighted materials if such previous use can be proved in the first place. Where does this judge get off in authorizing such a raid?
NO OVERSIGHT?
Why has this judge not been censured by the court for overstepping his authority? Where is oversight to keep judges from violating the basic Constitutional rights of citizens, on their own initiative? Can there be no controls placed on the actions of judges such as this one? This case involves a computerized attack on the Church of Scientology by a former member, one Lawrence Wollersheim, who left the church because of the things he had hoped to expose through FACTNet (Fight Against Coercive Tactics Network) on the Internet. Judge Lewis Babcock of the U. S. District Court of Denver authorized the raid, along with a restraining order against Wollersheim and against Bob Penny, whose home was also raided.
CHURCH STILL OWES HIM $5 MILLION JUDGEMENT
Wollersheim had sued this church in 1986 and was, at the time of the raid, still working to collect the $5 million judgment he got (why is it outfits like the Church of Scientology can get such quick action while at the same time putting off paying a huge judgment for almost ten years?). Seems to me they've got the fix in somewhere to be able to not only delay payment of a million dollar judgment for almost ten years, and still be able to get a federal judge to authorize such a rape of a citizen as this raid comprises.
CHURCH SECRETS?
I don't know which side is right. Maybe the Church of Scientology is a corrupt cult -- maybe not. But secret rituals not to be divulged to unbelievers are a regular part of the paranoia that is usually exhibited by cults, And going to great lengths to keep those secrets quiet is part of the modus operandi of a cult.
THIS IS NOT AMERICA
What I do know is that staging surprise raids, seizing evidence and turning it over to the opposition is not the way we handle copyright cases in this country. We are still in this country -- aren't we?
UPDATE
Since this article was written, another federal judge ordered the church to return these materials -- and they did, with all of the information they said was their proprietary information deleted. So far, no one has done anything to them for this egregious violation of Wollersheim's rights and of a federal court order -- and I'm not holding my breath waiting for it to happen. This case has been an example of the most obvious rape of a citizen's rights, and not one person who should do something about it seems to care.
This happened before 1996, but similar things are happening right up to this moment, and courts are doing nothing about them. It's easy for the government, or a private organization such as the Church of Scientology to violate people's rights as long as they have the collusion and cooperation of the government and a court. There is no oversight here and that judge gets to do what he wants, constitutional or not. Something needs to be done about this.
---
The information on this page is not legal advice. Before carrying out suggestions found here consult your attorney. To contact me by mail, write to: P. O. Box 16247, Denver, CO 80216-0247