Another Bad Day at Cult Rock. We (my local attorney Jim Harr, Arel, Ida and I) were in the Hemet court this morning waiting outside courtroom H2. (We had gone in and were tossed out because things had not started yet.) We watched as Mike Rinder, Warren McShane and Eliot Abelson came in through security. They did not look happy. Abelson walked right over to me and offered me a blue toothbrush with a narrow black ribbon or yarn tied to it with words (best memory) "Here is a gift from me, you're going to need it." I didn't take it. My wife was standing there and asked "Why? Why would you do that?" Eliot snapped at Arel, "I am not talking to you." He then said something to the effect "Don't get Walker or you are going by-by” holding up his hand and making a tiny wave with his fingers only. He then walked away. This was an obvious threat, an attempt to intimidate me. While this was going on Jim Harr was talking to Robert Schwartz, the local assistant DA who prosecutes all the misdemeanors cases in Hemet. When they finished talking, I reported the encounter with Abelson to Jim who later relayed it to the judge. I was kind of mystified, but Jim was not, since Walker was the other one of the two judges we might be assigned to. Jim said he knew Judge Walker and trusted him. About this time, Robert Schwartz found out that my case had been assigned to Judge Walker in courtroom H3. (Was this an attempt to get me to ask that Judge Walker not hear this case? Are they such fools as to think I would follow what they say instead of my lawyer?) We went in. The judge was not on the bench. Jim and Robert identified themselves to the court clerk. Jim wanted the scientology attorneys (Rosen, Abelson) who were going to help Robert identified, but before that could be done Jim and Robert were called into the Judge Walker's chambers. There was a *long* wait during which Eliot Abelson, Warren McShane and Mike Rinder plus an OSA drone or two wondered out of the courtroom. An ars lurker was in the courtroom. He came over and introduced himself to us. Our lurker told a funny story about an encounter with the gold base guards some time ago. I would recount it, but it might make it easier for the clams to identify him. Eventually Jim came out of the judge's chambers and took me outside. It seems that the judge was aware of the First Amendment/constitutional aspects of the case, and rather than have a constitutional motion hit after a jury had been sworn in and the state's case presented, he wanted the constitutional aspects fully briefed in motions first. We called Graham (who had stayed over at Ida's working on legal papers). Graham came over and after some discussion outside the courthouse, we all agreed to do it the way the judge wanted. Back in the court at 11 am, the three lawyers, went into chambers for a *long* time. Eventually they all came out and Judge Walker came out and took the bench. The judge spoke a while (see Arel’s notes), Robert Schwartz spoke a little, and my attorneys said about four words each. I lucked out. Judge Walker is intelligent, concerned about constitutional arguments, right on top of the elements of the case, and not the least bit intimidated by all these high priced lawyers buzzing around. The result was that the DA and my lawyers have to work out an agreement on the facts of the case by Dec. 8, the picketing restrictions remain on me. We got out of court about 11:45. Everyone went off to Ida’s Entheta Café for lunch. About halfway through lunch it started to rain hard, but the rain ended about 1:30. Graham, Arel, JS and a foreign reporter went out to gold base and gave them a solid 2-hour picket. Arel reports that the weather was perfect for a picket, the clouds were beautiful and the birds were out in force. As usual when they have had any warning, the place looked close to deserted. They were running a few vehicles across the road. Graham saw one with a driver and one passenger. The passenger hunkered down in the back seat below the window level. Graham noted that there was some low-level work going on at the apartments, but that moving into them by the end of the year looks unlikely. On the way back Edwin Richardson followed them. Graham played with him till he got Richardson alone side his car for a good view. Then Richardson gave up and left. While the rest were giving gold a good picket, I made up 100 of Arnie’s horrifying “It’s worse than you think” flyers and put in over an hour picketing at the corner of Florida and State Street. About 60 people in cars took flyers. There was more support from the people driving by this time compared to last time— and support was high last time. Make up report from last Friday. I flew down to LA, met Graham who had just flown in from Germany and stayed at his house. Graham was jet lagged from the 15-hour trip. Next morning at an unghodly hour we drove out to Hemet. We stopped short of going into town to have Jim Harr get permission from the judge to drive down Sanderson Road, which boarders the cult’s property. When we got to court, Sandy Rosen was there. Because newly introduced evidence was taking the case in an unexpected direction, we asked for a continuance. It was denied, going to trial Monday. That afternoon, ADA Robert Schwartz told Jim Harr that they were introducing more new material from an uncorrected deposition taken Wednesday in my bankruptcy case to authenticate my Usenet postings in the criminal case in Hemet. Incidentally, Rosen made a plane reservation in front of me at that deposition. I knew he flies first class, but I didn’t know he takes two seats. Perhaps the second seat was for someone else.? Keith Henson
(ARSCC approved posting)
PS, we rented Bad Day at Black Rock and watched it two nights in a row. If you don't know this classic with Spencer Tracy in it, you should. The story is rather in tune with this news group. ************ Arel putting in my notes about the judge’s speech: “ . . . a constitutional issue that has to be addressed and resolved . . . . The constitutional issue cannot be avoided. . . . because of the extent of the constitutional issue would probably require addressing before we impanel a jury. . . evidentiary issues . . . with the agreement of the attorneys and with their assistance [we will decide the] constitutionality of this statute as it might be applied to the content of this case . . . . The speech issues then can and will be addressed . . . unconstitutionality impinging on the free speech of Mr. Henson . . . by December 8 a set of stipulated facts upon which we can proceed . . . which I would use in considering the constitutional issues that I would address. . . . [agreement] may not be possible . . . put it in writing [and if they can’t agree on something] tell me what it is [so I can] attempt to iron that out [in a] further evidentiary hearing [where we can] proceed to the constitutional . . . factual . . . we would then agree on a further briefing schedule. Mr. Henson initially has agreed to a further waiver plus a probably [further one than that]. The trial date of today’s date will be vacated, [The judge then asked for objections or comments from the assistant district attorney, Keith’s attorneys and Keith. Schwartz pointed out that in cases like this the defendant would] “normally waive 45 days” [and that 30 days would not be enough in this case. 45 days was stipulated The DA also wanted to know if the] status quo [would remain—that is, the restraining order, previous orders]. [The judge asked Harr and Berry if they agreed, and they did, and he asked Keith if he understood and agreed to waive his right to a speedy trial for that period. They all said yes. The judge said] Please be prepared to tell me what it is [that you can’t agree on] what you agree on. The statement of facts should be signed by the attorneys and Mr. Henson.”