Heres what the law says, CA Penal Code 422.6., with my capital emphasis added. 422.6. (a) No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States BECAUSE OF the other person's race, color, RELIGION, ancestry, national origin, disability, gender, or sexual orientation, or because he or she perceives that the other person has one or more of those characteristics. (b) No person, whether or not acting under color of law, shall knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or by the Constitution or laws of the United States, BECAUSE OF the other person's race, color, RELIGION, ancestry, national origin, disability, gender, or sexual orientation, or because he or she perceives that the other person has one or more of those characteristics. (Emphasis mine, added) This wording makes it clear, that the action must occur BECAUSE OF THE RELIGION. Henson had little opposition at all to any religion, but rather , his opposition was to EVIL PRACTICES OF A RELIGIOUS ORGANIZATION. That distinguishment, is strong enough to make the difference neccesary to establish that Henson is not guilty. He is not opposed to apple pie, but the evil practices of the pie makers. He is not opposed to the LA Lakers, but just Shaq's dirty elbows inside the paint. He is not opposed to Jehovah Witnesses, just people who knock on your door at 7am on a weekend. He is not opposed to all Rap music as a class of music but he is just opposed to profane lyrics. He is not opposed to boxing as a sport, but just Mike Tysons behaviour... He is not opposed to Football, but just OJ Simpson. He is not opposed to the beleifs of Scientology as a religion, but just the evil practices which happen to be employed by a Church practicing that religion. Here is Dianne Richardson refering to Hensons "own words" in defending why even she , thinks Henson was picketing. (Not degrading Dianne,but emphasising opposing views admissions) Message-ID: <3b647efa.830704@news1.bway.net>
{"Here, in Henson's own words, is his explanation for why he was picketing Hemet:" "The obvious intent of the defendant, i.e., the reason defendant was picketing, was to get Scientology members out of the organization before it killed more of them (such as Stacy Moxon Meyer, June 25, 2000) or more members of the public."} (Henson refering to himself in third person in his own motion) In message ID : <3b655b01.6252623@news2.lightlink.com> I asked Henson if he would Picket a group practicing Scientology absent the evil and dangerious practices that the Church of Scientology happens to practice, and he indicated that he would not, which leads to the inference that his opposition is in the evil and dangeriousness of the CoS, not the religion itself. In fact, Diane Richardson, who avidly argues against Henson-supporters , admits that she thinks Henson wouldnt picket such a group, in Message-ID: <3b655f65.7936417@news1.bway.net> and to make this even more interesting DR PALOMA admiits this too in Message-ID: <9k3umi0vp2@drn.newsguy.com>. Clearly, its agreed that Henson wouldnt picket a group with SCIENTOLOGY RELIGIOUS BELIEFS in the absense of the evil and dangerious practices of the Church of Scientology. Not even OSA trolls question this. The INFERENCE that follows from this hypothetical decision, cannot be anything other then that Hensons motivation to picket was for opposition to crime, not religion. If Hensons motivation was to interfere with the Scientology Religion per se, as opposed to just those evil practices practiced by currupt bunch of people, then Henson would have indicated that he would have an interest in picketing such a freezone Scientology group. Henson has little if no interest at all in the religion, as far as his motivation behind his picketing activity is concerned, but was soley acting out of an inner sense of justice and saftey. I once again remind you that even the opposing views like Paloma and Richardson both concur with us that Henson would not do such activity to another group with the same religious beleifs, absent dangerious and evil practices. There is no question raised over this at all, and this is consistent with the words contained in Hensons own Pro Se motion above, which is consistent with my reception of Mr Hensons posts on Alt.Religion.Scientology. While some critics may avidly attack the religious beleifs of Scientology themselves, I have never observed Henson do this, his main interest is sincerely grounded in opposition to evil and dangeriousness. Furthermore, if someone could dig up a post where Henson opposed Scientology beleifs, it would not neccesarily mean that particular motivation existed for picketing. None of the posts admitted to the court did. Part of admitted post by Keith Henson used in court: Aug 3 01:12:57 2000 Alt.REligion.Scientology "I don't care how many "benetifs" you get or continue to get from the "tech", the management is so corrupt it has to go. Fortunately the management's belief in Hubbard makes them highly vulnerable in ways they can't change. As on e person put it, one wog, 1000 terrified clams. " (To Claire. ) This quote is also consitent with the words in Hensons Motion I quoted originally, Dianne's and Dr Palomas admission, my perception of his posts which all leave no issue to be raised about Hensons motivation in picketing. He did not care about Claires beleifs, but was concerned with curruption of an organization which, just happens to be practicing "Scientology" . But Henson wasnt concerned with that religion, but was focused on the curruption itself. California Penal Code 422.6 requires that the activity be committed BECAUSE OF the religion. The fact that the group that was affected by the pickets just happens to also practice Scientology with their curruption, does not automatically create blankett legal applicability for Ca Penal code 422.6 to apply to anyone and any group anywhere who happens to be protesting unlawful activities of a religious organization. Such blanket applicability would create a world where religious groups cannot be protested against for the same evil principles non-religious men and non-religious groups can. If it was so, all criminals would start "religions" to have the benefit of the advantages given by this potential blanket. The constitution does protect religion, but is not intended to encourage religious organizations to commit crime, nor afford religious organizations any exemptions from crimes. On the extreme otherhand, it is understandable that our legislators did not neccesarily wish to promote interference with constitutional rights which dont fall under the terms set out specifically by CA Penal Code 422.6 :" by force or threat of force, willfully injure, intimidate,interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States BECAUSE OF the other person's race, color, RELIGION, ancestry, national origin, disability, gender, or sexual orientation, or because he or she perceives that the other person has one or more of those characteristicts." (emphasis still mine) When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the crime. ( People v. Caldwell (1984) 36 Cal. 3d 210, 220 [203 Cal. Rptr. 433, 681 P.2d 274] But in the case at bar, Henson even doesnt even make the the prequalifying criteria to be even considered by CALDWELL, as the "prohibited bias" wasnt ANY FACTOR in the motivation behind his picketing activity, yet alone a SUBSTANTIAL FACTOR. Therefore, there can be no finding that Kieth Henson violated CA Penal Code 422.6. LOGIC18