[The Henson Sentencing Report included several Black PR letters by Scientology agents and members. They were all basically the same fantasies, fables, fictions and minimal fact. The worst rant was by a known Mafia Associate. It is important to note the several hundred pages of exhibits alluded to in this screed have never been shown to Jim Harr or Keith Henson, as required by law. WGH] LAW OFFICES OF ELLIOT J. ABELSON
8491 West Sunset Boulevard o Suite 1100 o Los Angeles, CA 90069-1911
Telephone (323) 960- 1935 o FAX (323) 650-0464 May 7, 2001 County of Riverside
Probation Department
Hemet Office Re: People v. H. Keith Henson, Case HEM 011371 Dear Sirs: We are counsel to Reverend Ken Hoden, Bruce Wagoner, and Hillary Dezotell, the Scientology staff who were found by the Jury to be some of the victims of Henson's criminal conduct.{1} We are also counsel to many other Scientology Clergy and parishioners who have been victimized by Henson's conduct both in the same hate crimes incident for which he was convicted and in other like incidents. On 26 April 2001, a jury of 12 found Henson guilty of one count of violating §422.6. The Jury deadlocked on two other counts (9-3 and 10-2 in favor of a guilty conviction) related to making terrorist threats. On May l6th , the Honorable Robert Wallerstein will sentence Henson in Department 4 of the Hemet Superior Court. The maximum sentence Judge Wallerstein can impose is one year of incarceration or a lesser period of incarceration followed by probation. On behalf of the victim, we sincerely urge that Henson, an admitted explosives expert, be sentenced to a minimum of six (6) months of incarceration (if not the full one year term) to be followed by probation, a condition of which to be that for five years thereafter, Henson shall stay at least 100 yards away from any Scientology church, housing unit where Scientologists reside, or other facility, and that he be barred from inducing or encouraging others to ether within that zone. {1 The criminal charges proffered by the Riverside County District Attorney included, as additional victims, Michael Gilchrist, Dana Reid and Muriel Dufresne. However, because neither the criminal charge nor the punishment are enhanced by the addition of three additional victims, and so as to simplify the trial, the District Attorney elected at trial to proceed with evidence respecting only the three victims named above. That, however, does not diminish Henson's culpability in terms of the number of victims of his criminal conduct.} While we appreciate this is Henson's first actual criminal conviction, the potential danger to the victims and other members of their religion in this situation is of primary importance. We therefore ask that you consider: (1) Henson has engaged in similar religious bigotry-related conduct against Scientologists for the past five years and has continued to do so even after his conviction. (2) Henson has engaged in other criminal conduct in furtherance of his bigoted hatred of the Scientology religion, its clergy arid parishioners. {2} (3) Henson has actively requested and encouraged others to engage in the very same kind of religious bigotry and conduct for which Henson himself was charged in this case. (4) During the recent trial in Hemet, Henson had the audacity to attempt to intimidate witnesses and to obstruct justice by attempting to communicate with the Jurors in violation of California Penal Code §§ 136.1 and 95 respectively. (5) Henson has shown no remorse for his crimes which is consistent with his lack of remorse when previously convicted by a San Jose federal court jury of willful copyright infringement involving Scientology scriptures, and his lack of remorse when previously adjudicated in contempt of a prior federal court order. In short, Henson is a sociopath who, despite his latest conviction, remains dedicated to attacking the Scientology religion and its adherents. He shows no remorse for his conduct and Henson himself has demonstrated that rehabilitation is not even remotely possible to the point where it is a certainty that the day his period of incarceration ends, he will resume his bigotry-based conduct attacking the Scientology religion and its adherents. (6) Henson is not merely a sociopath but also practices extortion, demanding a five million dollar payment from the Scientology religion to cease his bigoted harassment of Scientologists. (7) Henson has repeatedly demonstrated his contempt for the law, for the court's, and for our entire judicial system - both civil and criminal. He is a diseased miscreant, unfit to live in a civilized society, and our clients' regret only that the maximum Statutory period of incarceration on his conviction is only one year. { 2. The Probation Department and Judge Wallerstein may properly consider Henson's other criminal conduct which did not result in a conviction in determining Henson's sentence here. People v Gragg 216 Cal.App.3d 32, 44, 264 Cal.Rptr. 765, 772 (19$9). } Background: Henson attempts to justify his conduct as merely his exercise of free Speech under the First Amendment. His conduct is certainly not protected but more importantly, Henson resorts to what amounts to criminal libel accusing Scientology of murder. See Henson's picket signs in which he asserts that the Scientology religion killed Lisa McPherson, Ashlee Shaver, and Stacey Meyer.{3} Henson's picketing with these same signs shamelessly alleging the murders of these unfortunate young women by Scientology continued after his conviction and, indeed, he carried very libelous signs right in front of the Hemet courthouse (Exhibit 1). Henson's attacks on the Scientology religion began in 1990. Henson is a self-employed computer consultant, living In a home in Palo Alto, with no previous contact,) with any church of Scientology. Henson began using the Internet to post confidential scriptures of tile Scientology religion. Significantly Henson decided to violate the copyrights of these materials shortly after a federal judge had enjoined one of his cohorts from posting them. Henson was actually present in court when Judge Whyte issued this injunction and thus his very first assault on the Scientology religion was all act of defiance of judicial authority.
{ 3 These accusations, amounting to criminal libel, demonstrate the depths of Henson's sociopathic mind. The medical examiner in Florida certified that Lisa McPherson died accidently from a pulmonary embolism, not from any criminal conduct. Ashlee Shaner was an inexperienced driver, who died in an automobile accident in which she was driving a car on the public highway and ran into construction equipment not owned or controlled by any Scientology organization. But the fact that it occurred in front of a Scientology facility in Hemet is sufficient, in Henson's warped mind, to accuse Scientology of murdering her. The Riverside Sheriff's office fully investigated the accident and found no basis to proceed with any criminal actions against the Church of Scientology. Respecting Stacey Meyer, she died by way of an accident in which she came in contact with a high voltage electric power source. Here again, the Riverside County Sheriff's office fully investigated the matter and found it to be exactly what it was -- an accident. Yet in Henson's distorted, bigoted mind, Scientology murdered her.}

When Henson was then requested to cease and desist from further infringement. his response was that counsel for the Church (known to Henson as a woman with two children) could "take your demand, fold it till it is all corners and stick it where `the sun don't shine"'. (Exhibit 2) Henson continued to violate the copyrights of these materials, and as a result of his refusal to cease infringing he was sued in the Federal District Count for the Northern District of California for copyright infringement. (Religious Technology Center v Henson C96-20271 RMW) As it turned out Henson wanted to get sued in order to make a name for himself on the Internet. He claimed that the litigation was a "great game" and "entertainment." After all, he was forcing Scientology churches to spend hundreds of thousands of dollars in legal fees to protect the copyrights in response to his acts of infringement that cost him virtually nothing. He also boasted that his misconduct enhanced his status among a handful of anti-Scientologists whose perverse rating system gives one a higher ranking and stature the more trouble and expense one causes the Scientology religion. (Exhibit 3, at 94-97). In April 1997, the district court granted summary judgment against Henson, finding that he had willfully infringed the Church's copyrights and a permanent injunction was entered against him. Henson saw that he was in trouble so just before trial began on the issue of damages, Henson filed a Chapter 13 bankruptcy petition, invoking the automatic stay provision to sabotage the trial. Two days later, while still under the court's injunction, Henson threatened that he would publicly present the Church's confidential materials to the U.S. Food and Drug Administration on television. He boasted that after committing this act of "civil disobedience," he would report with toothbrush in hand to the judge who issued the injunction, and go to jail for contempt of court. (Exhibit 4 ) A further injunction was then issued against him. But Henson's delay tactics failed and in May 1998 a jury found him to be a willful infringer and assessed damages against him for $75,000 (one of the highest assessments of damages for a single copyrighted work in the history of the US). (Exhibit 5) Henson immediately refiled for bankruptcy to thwart collection of the judgment. Henson showed no remorse before, during or after that trial. During the trial proceedings, he encouraged others to violate the Church's copyrights by posting the same materials that he was enjoined from copying. Following the jury verdict, Henson intentionally had a confidential portion of the trial transcript which had been sealed by court order posted on the Internet. The federal Judge in that case issued an order to show cause why Henson should not be held in criminal contempt. However, as a criminal contempt proceeding would have required the participation of the U.S. Attorney's Office and thus a long delay, the judge decided to go forward against Henson in a civil contempt proceeding. There, Henson was found in contempt and fined $7,500. (Exhibit 6) Most rational people would learn from their mistakes and change their ways, but not Henson. He instead escalated his attacks against the Church and its members. Instead of working to pay off his debts, Henson, supported by a handful of cohorts, began appearing at Scientology churches around the country, attempting to disrupt church services and intimidate church members. As a result of such activities, he has been placed under anti-harassment restraining orders in both Florida and California. (Exhibits 7 & 8) In one incident in 1998, Henson approached a Scientology minister in violation of one such injunction. When another person attempted to protect the minister and place Henson under citizen's arrest, Henson bit the person on his hand, requiring medical attention. But despite losing the copyright infringement case, getting sanctioned for contempt and getting restraining orders issued against him, Henson continued. The reason for his continued harassment later became obvious, when, in a debtor examination, Henson revealed that he wanted the Church to pay him $5 million dollars to stop the harassment. Henson's attempted extortion was rejected out of hand. (Exhibit 9) The Hate Crimes and threats to the Church As mentioned above Henson started to intensify his actions getting more and more irrational in his behavior. From May to September 2000, he traveled from Palo Alto to Riverside County to target the staff of Church of Scientology International at its Golden Era Production facilities in Hemet. For approximately 50 days he followed Church staff from their homes to the Church's property on Highway 79 between State and Sanderson. He would lurk outside their apartments, taunting and harassing them. All the while making various threats of destruction on the Internet. Henson is a known expert in the use of explosives and bombs. (Exhibit 10) Thus, his presence at the Church's .facilities created fear, intimidation and interference with the religious practice of over 700 staff. That was intentional. As Henson later told Sheriff's detectives, he was engaged in psychological warfare, intending to create paranoia among the Church members. The fear that he created was very real. Henson has a history of setting off explosives, making pipe bombs and teaching children how to do the same. (Exhibit 11) His exploits with explosives were even covered in a book entitled The Great Mambo Chicken (Exhibit 12) In fact, in the above mentioned copyright case, a federal Magistrate Judge issued an order preventing Henson from attending a deposition of a Church official due to a conversation about bombs that Henson had with a friend of his at the San Jose airport when they were in route to the deposition. (Exhibit 13 ) Henson's activities escalated even further. Acting in concert with his cohorts, who used a Global Positioning System ("GPS") device, they plotted the coordinates of several of the Church's buildings on the Golden Era property. The satellite coordinates were then posted on the Internet along with Henson's suggestion for a vector one could use to destroy them with a missile (Exhibit 14). Henson's threats lead to his being arrested and the criminal conviction that followed. Threats to Law Enforcement. As noted above, Henson had earlier demonstrated his refusal to abide by court orders, having been held in contempt of court by a federal judge. More recently, he has taken other actions which show his utter disregard for any form of judicial or law enforcement authority. Prior to criminal trial, Henson sought the recusal of the entire Riverside District Attorney's Office from prosecuting the case. This was "supported" by a series of falsehoods and innuendo. An attorney from the Attorney General's Office opposed the motion and Henson's motion was denied. While the trial was in progress, Henson attempted to intimidate witnesses, in violation of California Penal Code § 136, by having his wife and others picket at the Church's facilities (where the witnesses work), carrying signs containing language specifically excluded from the trial by Judge Wallerstein. Henson, himself, in violation of Penal Code § 95 attempted to influence jurors by handing out fliers attacking Scientology in the Hemet area. (Exhibit 15) Rather than showing any remorse following his conviction, Henson became even more brazen. As mentioned above, within two hours of the verdict, Henson was back at the courthouse with his wife Arel protesting the court's action. The following day, Henson posted an "Open Letter to Judge Robert H Wallerstein" on an Internet newsgroup. (Exhibit 16) In the letter, Henson called the judgment a "miscarriage of justice" and "an assault on free speech" attempting to poison the judge with the very lies about the Church of Scientology which has been ruled inadmissible during the trial. He reargues the same points that his attorney had unsuccessfully raised in a motion for judgment notwithstanding verdict, a motion for a new trial and a motion for mistrial. Moreover, Henson's letter was is direct disobedience to the reprimand he received from Judge Walker following his earlier ex-parte contacts with judges. (Exhibit 17) Henson even attempted to intimidate the Deputy District Attorney who was prosecuting him, both prior to and during trial, through numerous postings on the Internet. (Exhibit 18) Henson even went so far as to take the Deputy DA's photograph when he was coming out of his office. Additionally, on the eve of the trial, Henson went to the District Attorney's office in Hemet in an attempt to intimidate his staff. Henson then described this visit on the Internet in a posting where he revealed the full names of three female DA's Office's employees (Exhibit 19) Henson's affiliation with a cadre of like minded hate mongers is a separate cause for concern. In an attempt to influence the court, members of that group posted direct threats against the DA's office, suggesting that the DA should be "violated by Nazi Lowriders." Henson has been associating with a key figure in this group, a millionaire by the name of Robert Minton, who himself has been found in contempt of a court ordered injunction in a recent proceeding in Florida. Minton's stated aim is the destruction of the church, graphically demonstrated in a photo of himself which was posted on the Internet and where he expresses his intentions. (Exhibit 20) Henson's close affiliation with Minton is also shown in the attached photo which shows Minton handing money to Henson in front of a Church of Scientology in Florida. (Exhibit 21)


Summary Henson is a sociopath, but a very smart one, who has exploited and misused the legal system for his personal agenda. In my 33 years of practicing law as both a prosecutor and defense attorney, Henson is one of the most dangerous criminals I have seen. The lessons of Oklahoma City and Columbine fill the press on a daily basis. In both cases there were early warning signs which went unheeded. We must not let that happen again as Henson has the expertise to carry out his threats. I am sure you will share our concerns and will make the appropriate recommendation to ensure that Keith Henson is restrained from taking actions to further the hate crimes for which he was convicted and from threatening the lives and safety of our citizens. He must not be allowed to walk away from the crime he committed. Henson should be sentenced to a minimum of six months incarceration with five years probation as described above in the hope that this will teach him to change his ways. Sincerely, {signed} Elliot J. Abelson
Law Offices of Elliot J. Abelson Paul Hastings Janofsky & Walker
Of Counsel