H. Keith Henson
Box 60012 (302 College Ave.)
Palo Alto, CA 94306
hkhenson@pacbell.net
650-776-5702 cell
650-325-7533 hm April 2, 2001 Honorable Michael D.Marcus
Supervising Judge
State Bar Court
1149 South Hill Street
Los Angeles,CA 90015
(213) 756 1400
Fax: (213) 765 1443 By Fax Re: Case No.: 00-0-12250
Respondent: Kendrick L. Moxon
Dear Judge Marcus: The attached letter to the FBI relates directly to the Berry/Moxon matter of which I am sure you have become aware. I filed a complaint the state bar almost a year ago and supplied a great deal of additional evidence on request last Friday to back up my complaint against Kendrick Moxon. Since Friday I have acquired more, including the inserted clip from the January 19, 2001 deposition of Donald Wager before THE HONORABLE STEPHEN M. LACHS, Judge of the Superior Court (Retired) where Wager admits under oath to criminal acts, including purchasing false testimony against Graham Berry from a person (Apodaca) in jail. Pages 54-55: 13 JUDGE LACHS: My recommendation is to overrule 14 that objection. I can't understand why it would be 15 privileged. 16 MR. ABELSON: Well, I think it's privileged -- 17 I don't know who it was given by. But if it was given 18 by his client or given by his client's other lawyer, I 19 think it would be privileged. 20 MS. MATTHAI: I -- among other problems with -- 21 first of all, I don't think it's privileged in the first 22 place. 23 Secondly, I think that given the testimony in 24 this action by Mr. Apodaca, that the money was deposited 25 in his account in return for false statements to be made 55 1 against Mr. Berry. I think that puts it into the crime 2 fraud exception to the attorney-client privilege. 3 JUDGE LACHS: I think that's a good 4 possibility, Mr. Abelson. Page 57: 2 MR. ABELSON: Back on the record. 3 Let me make a little statement. I'm going 4 withdraw any objection to his answer or answers in this 5 area. 6 If you want to ask him questions about why -- 7 you want to go more into why he paid him the money and 8 how that came about, that's fine -- 9 MS. MATTHAI: Okay. 10 MR. ABELSON: -- because I want to clear it up. 11 MS. MATTHAI: Okay. 12 Q First of all, do you have a recollection of how 13 much money it was? 14 A I do not, other than the figures we have 15 mentioned. 16 Q All right. What was the source of the money? 17 A I think it was my money. 18 Q You think it was your money? 19 A Right. 20 Q Did you receive reimbursement of that money 21 from anyone else? 22 A I believe I did. 23 Q Who did you receive reimbursement from? 24 A I believe Mr. Moxon. If your Honor wishes to see the entire deposition, it is posted on the Internet in the news group alt.religion.scientology under the subject line "Deposition of Donald Wager in Hurtado v Berry." Upwards of 100,000 people regularly read this news group, often the most widely read news group on the net, so a political storm is not out of the question. People often believe the worst about lawyers, but in this case, it is the worst. You might want to deal with this on an expedited basis.
Sincerely,
H. Keith Henson
PS, your phone does not seem to be working this morning at 10:55.