GRAHAM E. BERRY
3384 McLaughlin Avenue
Los Angeles, CA 90066
Phone: (310) 745-3771
Fax: (310) 745-3772
grahameb@aol.com
March 29, 2001
Palmer Brown Madden, Esq.
www.statebarpresident@calsb.org
President, State Bar of California
C/o Office of the Secretary
State Bar of California
180 Howard Street
San Francisco, CA 94105 - 1639
RE: Graham E. Berry, State Bar No.128503
[Real Parties In Interest: Church of Scientology International Office of Special Affairs; Kendrick L. Moxon, Esq.; Helena Kobrin, Esq.; Ava Paquette, Esq.; Elliot Abelson, Esq.; Samuel D.Rosen, Esq.; Barbara Reeves, Esq., Michael Turrill, Esq.; Gerald Chaleff, Esq.; Donald Wager, Esq.; Michael Gerner, Esq.; Thomas Byrnes, Esq.; Jerry L. Bregman, Esq.; Gary Soter, Esq.; David Chodos, Esq.; Eugene Ingram, Miguel Hurtado, Michael Hurtado, et al.]
Dear Mr. Madden:
The purpose of this letter is to apprise you and the members of the Board of Governors of the State Bar of California of extensive and corroborated criminal conduct that has been carried out by attorneys representing the Church of Scientology in its efforts to "utterly destroy [me]" and "to cause [my] professional demise" in accordance with written litigation policies of that church. Certain of those representatives have now successfully convinced a Deputy Trial Counsel of the Bar to initiate proceedings to order my "actual suspension" from the Bar. The Bar continues to ignore this evidence of attorney criminal conduct even though brought to its attention by complainants such as Dr. Uwe Geertz, Keith Henson, Arel Lucas, others and me. I believe that more complaints will be made by additional people as well. Sadly, it is the Bar’s history in these matters is to act as a vassal of the church and to pursue the victims rather than the attorney-perpetrators of this and other criminal, tortious and unethical conduct which has been directed not only at me, but also at other members of the State Bar as well.
Indeed, State Bar records indicate that some of the same, sundry attorneys have been communicating with the highest representatives of the Bar in order to have me disbarred as both retribution and to serve as an example to other attorneys of what may happen to them if they accept retentions against the Church of Scientology. Indeed, the current rush to suspend me is also intended to discredit me as a witness in the mid-April Henson trial in Riverside where the District Attorney’s Office is facing a motion to disqualify it because of its involvement in manufacturing criminal charges in association with some of the very same attorneys who are involved in the matters described in the enclosure to this letter. These attorneys include Elliot Abelson, Esq.; Kendrick L. Moxon, Esq.; Gerald Feffer, Esq.; and Samuel D. Rosen, Esq. Both Mr. Feffer and Mr. Rosen regularly appear pro hac vice in California. Indeed, Mr. Rosen appears so regularly and in so many cases here that he should be required to obtain admission in the State of California!
The conduct described in the enclosed letter is but the "tip of the iceberg." The group I describe as "Real Parties In Interest" have perpetrated their criminal, tortious and unethical conduct against numerous California residents and litigants with whom representatives of the Bar can be put in contact.
I appreciate that this is an unusual submission for me to make, but this is an unusual situation, involving on-going criminal, tortious and unethical conduct by practicing California attorneys. Only one purpose of the conduct is to punish attorneys such as me. Another is to extort and intimidate other attorneys and citizens into silence. Accordingly, I urge the State Bar to open a wide-ranging, public investigation into these and related matters involving other litigants who have been harmed by the activities of these lawyers. However, because of the intimidation and other tactics of the Church of Scientology, its lawyers and "investigators", such an investigation must, of necessity, be staffed by a group of people beyond the corruption that has occurred in other such forums. Only by such pro-active response will the State Bar avoid the public criticism that will surely follow the publication of these and related matters involving Keith Henson, Grady Ward, Dennis Erlich, the Cult Awareness Network, Tom Klemesrud and numerous others. Testimony is also available from other attorney victims who include Toby Plevin, Esq.; Ford Greene, Esq.; Joseph Yanny, Esq.; Michael Flynn, Esq.; Barry Van Sickle, Esq.; Mary Grieco, Esq.; and Paul Morantz, Esq.
I recognize that it is almost unbelievable that attorneys from hitherto reputable law firms would engage in the sort of activities described in the enclosed letter and evidenced and corroborated by hundreds of documents and many witnesses. However, millions of dollars in legal fees can apparently blur certain lawyers’ and firms’ perspectives. Moreover, the power of the demonstrable extortion, blackmail, bribery and other crimes cannot be discounted. For those members of the District Attorney’s Office who are receiving this letter, they may make enquiries regarding me to Deputy District Attorney Larry Morrison and regarding Hurtado, Ingram, et. al., to DDAs Elizabeth Ratinoff, Rhonda Saunders, Amy Esther Garcia and DA Investigator Kevin Sleeth. In addition, Lieutenant Stephen T. Gattis and Detective Petz of the West Hollywood Sheriff’s Station have also met with Abelson, Wager, Ingram, Hurtado, Cipriano and me. Some of the evidence was recently provided to District Attorney Steve Cooley’s office. Unless there is appropriate action in the very near future, I shall approach the US Department of Justice Civil Rights Division which is already dealing with public corruption on the part of the LAPD.
In case the bar should continue to refuse to be pro-active in these and related matters, you may consider this to be a formal complaint against those persons within the State Bar’s jurisdiction who are identified as being Real Parties In Interest on the first page of the enclosed letter. In due course I shall again provide the bar with copies of the numerous boxes of evidence cross-referenced to a list of specific crimes, torts, ethical breaches and other relevant and punishable misconduct.
I await the response of the Board of Governor’s and Office of the Chief Trial Counsel Enforcement.
Very Truly Yours,
Graham E.Berry
cc:
Honorable Michael D.Marcus
Supervising Judge
State Bar Court
1149 South Hill Street
Los Angeles,CA 90015
(213) 756 1400
Fax: (213) 765 1443
Judy Johnson, Esq.,
Executive Director
State Bar of California
180 Howard Street, 6th Floor
San Fransisco ,CA 94105 - 1639
(415) 538-2080
Fax: (415) 538-2305
MEMBERS OF THE STATE BAR BOARD OF GOVERNORS
Robert K. Persons, Esq.
1209 The Esplanade, Suite 4
Chico, CA 95926
(530) 893-0717
Fax: (530) 893-9236
www.chicolaw@stormnet.com
James R. Greiner, Esq.
Vice President, State Bar of California
555 University Avenue, Suite #290
Sacramento, CA 95825
(916) 649-2006
Fax:(916) 920-7951
jaygreiner@midtown.net
David L. Roth, Esq.
Vice President, State Bar of California
One Kaiser Plaza 3 601
Oakland, CA 9461
(510)835-8181
Fax:(510) 451-2944
Erica R. Yew, Esq.
c/o Office of the Secretary
State Bar of California
180 Howard Street
San Francisco, CA 94105 - 1639
(408) 279-8700
Fax: (408) 279-3244
eyew@mfmlaw.com
Ronald E. Albers, Esq.
Vice President, State Bar of California
Public Defender’s Office
555 7th Street
San Franciso, CA 94103
(415) 553-9344
Fax:(415) 553-9810
Ron_Albers@ci.sf.ca.us
Scott H. McNutt, Esq.
McNutt & Litteneker, LLP
55 Hawthorne Street, Suite 430
San Francisco, CA 94105
(415) 553-9344
Fax: (415) 995-8487
shm@mcnuttandlitteneker.com
Anthony P. Capozzi, Esq.
1233 W. Shaw Avenue #102
Fresno, CA 93711
(559) 221-0200
Fax: (559) 221-7997
capozzilaw@aol.com
James E. Herman, Esq.
Reicker, Clough, Pfau, Pyle, McRoy, Herman, LLP.
P.O. Box 1470
Santa Barbara, CA 93101
(805) 966-2440
Fax: (805) 966-3320
jherman@rcpplaw.com
Nancy J. Hoffmeier Zamora , Esq.
c/o Office of the Secretary
State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
(213) 488-9411
Fax: (213) 488-9418
Zamora3@aol.com
Patrick R. Dixon, Esq.
Office of the District Attorney
18000 Criminal Courts Building
210 West Temple Street,
Los Angeles, CA 90012
(213) 974-3739
Fax: (213) 620-1257
Karen S. Nobumoto, Esq.
Vice President, State Bar of California
LA District Attorney’s Office
210 West Temple Street, #1800
Los Angeles, CA 90012
(213) 974-7444
Fax:( 213) 626-2758
Maria D. Villa, Esq.
C/o Office of the Secretary
State Bar of California
180 Howard Street
San Francisco, CA 94105 - 1639
(213) 488-1960
Fax : (213) 947-1162
villa@litigationcounsel.com
Scott Wylie, Esq.
Whittier Law School
3333 Harbor Boulevard
Costa Mesa, CA 92626 - 1501
(714) 444-4141 ,ext. 307
Fax: (714) 444-3230
rswylie@law.whittier.edu
James D. Otto, Esq.
Vice President, State Bar of California
John Hill & Associates
P.O. Box 3698
Torrance, CA 90510 - 3698
(310) 782-2500
Fax: (310) 782-0200
Judith M. Copeland, Esq.
Copeland & Tierman, Esq.
1230 Columbia Street, # 680
San Diego, CA 92101-8502
(619) 231-0456
Fax: (619) 231-0581
judithc@adnc.com
Peter D. Nitschke, Esq.
Walswoth, Franklin, Bevins & McCall, LLP
1 City Blvd. W. 5th Floor
Orange, CA 92868
(714) 634-2522
Fax:(714) 634-0686
peter@wfbm.com
Joe R. Hicks
Vice-President, State Bar of California
LA City Human Relations Commission
200 North Main Street, Room 700
Los Angeles, CA 90012
(213) 485-4495
Fax: (213) 485-4390
jhicks@hrc.ci.la.ca.us
Julie S. Sommars
c/o Office of the Secretary
State Bar of California
180 Howard Street
San Francisco, CA 94105 - 1639
(415) 538-2538
Fax: (415) 538-2305
THE STATE BAR OF CALIFORNIA
1149 South Hill Street
Los Angeles,Ca 90015-2299
(213) 765-1000
Fax: (213) 765-1318
Michael Nisperos, Jr., Esq. Chief Trial Counsel Fran Bassios, Esq. Acting Chief Trial Counsel William W. Davis, Esq. Special Assistant to Chief Trial Counsel Terry St. Bernard, Esq. Deputy Trial Counsel Jan Oehrle, Esq. Deputy Trial Counsel Russell Weiner, Esq. Deputy Trial Counsel Terri Goldade, Esq. Deputy Trial Counsel Ms. Brenda Barnes Special Investigator Mr. Brian Rowsey Special Investigator
Chief Of Police
Sherriff, County of Los Angeles
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Central District of California