On Tue, 11 Sep 2001 04:31:49 GMT, hkhenson@home.com (Keith Henson) wrote: >(to page 349)
SUPERIOR COURT OF CALIFORNIA COUNTY OF RIVERSIDE DIVISION 4 (HEMET) HON. ROBERT H. WALLERSTEIN, JUDGE The People of the State of California, ) Plaintiff, ) VS. ) No. HEM014371 Keith Henson, ) VOLUME II OF II PAGES 297 THRU 399 Defendant. ) REPORTER'S TRANSCRIPT OF PROCEEDINGS April 17, 19, 20 and 24, 2001 APPEARANCES: For the People: OFFICE OF THE DISTRICT ATTORNEY By: R. SCHWARZ Deputy District Attorney 4075 Main Street, 1st Floor Riverside, California 92501 For the Defendant: LAW OFFICES OF JAMES O. CRIPPS By: JAMES HARR 133 North Buena Vista Avenue Suite 1 Hemet, California 92543 Amanda M. Fagan, C.S.R. No. 8764 Official Court Reporter Amanda M. Fagan, C.S.R. #8764 RPR WITNESS INDEX DIRECT CROSS REDIRECT RECROSS Wagoner, Bruce By Mr. Schwarz: 309 By Mr. Harr: 320 By Mr. Schwarz: : 325 Dezotell, Hillary By Mr. Schwarz: 326 By Mr. Harr: 334 By Mr. Schwarz: : 338 Rowe, Michael By Mr. Schwarz: 339 By Mr. Harr: 344 By Mr. Schwarz: : 350 Amanda M. Fagan, C. S. R. #8764, RPR 1 HEMET, CALIFORNIA - TUESDAY, APRIL 24, 2001 2 MORNING SESSION 3 (The following proceedings were held in open court 4 outside of the presence of the jury.) 5 THE COURT: Good morning. 6 MR. SCHWARZ: Good morning, your Honor. 7 MR. HARR: Good morning, your Honor. 8 THE COURT: Okay. Has Counsel -- I don't know who 9 submitted the jury instructions. 10 MR. SCHWARZ: The People, your Honor. The People 11 submitted the motion - 12 THE COURT: I mean the - 13 MR. SCHWARZ: -- motion in support, yes, your Honor. 14 THE COURT: I mean the verdict forms. 15 MR. SCHWARZ: Yes. The People submit, we always do. 16 THE COURT: All right. Have you looked at the 17 verdict forms? 18 MR. HARR: Yes, your Honor. 19 THE COURT: Any objection? 20 MR. HARR: No, your Honor. 21 THE COURT: Let's talk about the proposed additional 22 jury instructions. Do you wish to be heard, Counsel? 23 MR. HARR: Yes, your Honor, thank you. 24 The People's brief on the terrorist threat and the 25 interference proposed instructions, first of all, I don't see 26 any need to use any instruction other than the C.A.L.J.I.C. 27 instructions that are drafted for this purpose. The terrorist 28 threat instruction, 9.94, that Counsel sets out in his motion 297 Amanda M. Fa an C.S.R. #8764 RPR 1 more than addresses all the issues that are raised in his 2 brief. A threat is a threat or it isn't a threat. The jury 3 -- the People have redacted the reports. And now they're 4 saying we should take the context and the tone, they discuss 5 tone in their report. I don't know about tone. I mean, there 6 isn't anything in the messages about tone. I know Mr. Hoden 7 read them. But as far as the issue of specific intent, all 8 three are specific intent crimes, that's laid out in the 9 standard instructions. 10 The other standard instruction on interference is 11 16.500. All of these have been tried and true. Most of the 12 cases that Counsel cites, none of them -- well, actually, none 13 of them show that the Supreme Court has in any way thought 14 that this novel instruction somehow fits the bill. However, 15 the other C.A.L.J.I.C. instruction certainly has been around 16 since 1999, and Defense sees no reason not to use it. 17 THE COURT: Is that it? 18 MR. HARR: Yes, your Honor. 19 THE COURT: Counsel? 20 MR. SCHWARZ: Your Honor, as the People noted in its 21 motion in support of the jury instruction, the C.A.L.J.I.C. 22 itself lays out the fact that when case law is subsequent to 23 or in addition to the letter describes the C.A.L.J.I.C., the 24 Court is actually -- it is suggested that the Court actually 25 use the additional case law to better explain to the jury what 26 the state of the law is as of this date. 27 The '99 revision, your Honor, was actually written 28 in '98. And it doesn't include cases such as In Re Ricky T. 298 Amanda M. Fagan, C.S.R. #8764 RPR 1 or Lopez or Mendoza. And if you read the C.A.L.J.I.C. as 2 itself, it makes it seem as though -- that it has to be the 3 only -- the only threat that qualifies as a threat is if you, 4 you know, have a gun and you say, "I'm going to kill." That's 5 the -- that's the way the jury instruction reads, your Honor. 6 And that's not the state of the law now. 7 As the People have put in their motion in support 8 thereof, you can use surrounding circumstances. You can use 9 context. In fact, you can make a threat vicariously to 10 somebody else. You don't even have to do it directly. So 11 none of these instructions are reflected in the -- are 12 reflected in the actual C.A.L.J.I.C., and that's the reason 13 why it's in addition to. I'm sure the Court is well aware 14 that the People or Defense usually will add something to it, 15 that's why we're having this meeting. And while it's true 16 that the Supreme Court itself is not -- the People have 17 submitted District Court of Appeal opinions, your Honor, that 18 have not been reversed by the Supreme Court and apparently has 19 felt no necessity to do so. And your Honor, as -- if the 20 Court would like a copy of the People's -- of the actual cases 21 themselves, the People could provide a copy. But the way the 22 C.A.L.J.I.C. is written right now, your Honor, does not 23 reflect what the current state of what 422 is, and I don't 24 think that Counsel makes it very clear that he doesn't 25 disagree with the People. His argument is actually, well, the 26 C.A.L.J.I.C. is the C.A.L.J.I.C., let's just use it, you know, 27 that's what the book says. But that's clearly not the case, 28 your Honor. The law has developed and expanded, and it should 299 Amanda M. Fa an C.S.R. #8764 RPR 1 include these things because that's the way when the charge 2 was brought, your Honor, we were -- we were relying on these 3 cases, your Honor, which in fact encompass the facts and 4 circumstances surrounding this case. 5 With that the People would submit. 6 MR. HARR: Your Honor, may I be heard briefly on 7 this? 8 THE COURT: All right. 9 MR. HARR: The leeway that Counsel is asking for to 10 prove the People's case is addressed in the C.A.L.J.I.C. 11 instruction. For example, I think the issue that Counsel is 12 concerned about is whether he can prove that there is a threat 13 or not. The fourth element in 422 is, "The threatening 14 statement on its face and under the circumstances in which it 15 was made was so unequivocal, unconditional, immediate and 16 specific as to convey to the person threatened a gravity of 17 purpose and an immediate prospect of execution of the threat." 18 That leaves a huge amount of leeway for the jury to decide 19 what's going on. That jury instruction does not say, "Okay, 20 unless I've got a gun in your face there's no threat." That's 21 ridiculous. It says, look under the circumstances, look at 22 what's going on here, and decide in your mind if there is a 23 threat. I really am not agreeing with Counsel that the 24 C.A.L.J.I.C. instruction is just -- we ought to use it because 25 it's there. That's not the case. It's more than adequate in 26 the defense's opinion, your Honor. Thank you. 27 MR. SCHWARZ: Your Honor, may I just respond 28 briefly? I promise I won't take up -- I think what Counsel 300 Amanda M. Fagan, C.S.R. #8764 RPR 1 just read, to a lay jury, your Honor, it says "unequivocal, 2 unconditional, immediate and specific." That conveys that the 3 example that I gave that, you know, you, "I'm going to kill 4 you," and that's the only thing that qualifies to anybody, you 5 know. We're all lawyers and it's been taken up to the 6 District Court of Appeal, your Honor. And we're still having 7 trouble defining what 422 is. And the C.A.L.J.I.C. is behind 8 the times, your Honor. And In Re Ricky T., Lopez, Mendoza 9 demonstrate that it does not have to be immediate. It can be 10 in the future. It does not have to be so unequivocal. There 11 can be some ambiguity to it that's up for the jury. And 12 that's what these decisions indicate, your Honor. That's the 13 current state of the law, and Counsel cannot disagree with 14 that. I have shown these cases to Mr. Harr. His only 15 response is that these - 16 THE COURT: Excuse me, Counsel. Mr. Harr has given 17 a response. Are you -- are you now characterizing what he 18 said? 19 MR. SCHWARZ: No, your Honor. Withdraw my comments. 20 Thank you. Submit. 21 THE COURT: Now, what about this proposed 22 instruction on the First Amendment? I thought you gentlemen 23 were going to stipulate to the defendant's right to picket. 24 MR. HARR: We did, your Honor. 25 MR. SCHWARZ: We did, your Honor. But the People 26 felt that there was a necessity to include the jury 27 instruction. 28 THE COURT: Counsel, the example of crying fire in a 301 Amanda M. Fagan, C.S.R. #8764 RPR 1 crowded theater doesn't go back to 1995. It goes back to 2 1926. 3 MR. SCHWARZ: Oliver Wendell Holmes, your Honor. 4 THE COURT: No, it was Justice Brandeis. 5 MR. SCHWARZ: Oh, my apologies, your Honor. I 6 thought it was Oliver Wendell Holmes. 7 THE COURT: It was Justice Brandeis. So I think 8 there's no reason to give that instruction. Let me think 9 about this and I'll let you know. I mean, I'll either give it 10 or I won't give it. Okay? 11 MR. HARR: Yes, your Honor. 12 MR. SCHWARZ: Your Honor, the problem is that the 13 People will be relying on that in closing arguments, your 14 Honor. 15 THE COURT: No, you won't, Counsel. I don't permit 16 instruction. I permit argument. There will be no 17 preinstruction to the jury. You may characterize something. 18 But you may not recite it. 19 MR. SCHWARZ: I wasn't going to recite it, your 20 Honor, but I have to refer to the elements, your Honor. If 21 the elements don't reflect the way the current state - 22 THE COURT: You can argue whatever you want, 23 Counsel. 24 MR. SCHWARZ: Okay. 25 THE COURT: Okay? 26 MR. SCHWARZ: That's fine. 27 THE COURT: Got it? 28 MR. SCHWARZ: Your Honor, there are a few other 302 Amanda M. Fagan, C.S.R. #8764 RPR 1 matters that the People would like to take up. 2 THE COURT: Sure. 3 MR. SCHWARZ: Your Honor, it's come to the attention 4 of the People and we've been informed that what's happening 5 out in the hall is this: Is that during the breaks, your 6 Honor, there has been -- and I'm not accusing anybody of 7 anything, but there are some interested parties for and 8 against this case, and during the sessions, during the breaks 9 loud discussions about what's going on in the case are 10 happening in front of the jurors, your Honor. I would ask 11 that the Court instruct those in the audience not to talk 12 openly about the case while the court is in session. I think 13 that's fair to both parties, your Honor. And because we're in 14 close quarters, there is no places for the jury to go, we all 15 have to sit next to them. If we're talking about the case it 16 unfairly prejudices the jury one way or another. 17 Furthermore, your Honor, I just wanted to bring it 18 to the Court's attention that over the weekend, your Honor, 19 one of the listed witnesses by the defendant went out 20 picketing, and I'm not saying that there's anything wrong with 21 that, in front of Golden Era over the weekend, your Honor. 22 But precisely what happened in the in limine motions, with 23 regard to the three deaths the Court specifically excluded, 24 that person went out there and did the exact same thing. I 25 have actually a photograph that was provided to me if the 26 Court would like to see it. 27 THE COURT: I don't understand what you're asking - 28 what - 303 Amanda M. Fagan, C.S.R. #8764 RPR 1 MR. SCHWARZ: I just want to inform the Court, your 2 Honor, that it appears that certain witnesses have tried to 3 prejudice this case outside the presence -- outside the 4 presence of the Court itself, and the People felt it necessary 5 to bring it to the Court's attention. If the Court just takes 6 note of it, I just want my comments recorded for the record. 7 THE COURT: Well, I understand that. That may be 8 what you want. But let me explain something to you, Counsel. 9 It happens all the time. It happens when Counsel speaks to a 10 reporter during the course of the case. It happens when 11 somebody confronts somebody else. As I indicated earlier, 12 this Court will not issue a prior restraint. The Court has 13 already ordered that the case not be discussed. If you are 14 saying that someone is in contempt of this Court's order, the 15 Court will look at that. But with respect to whether it 16 influences a case or not, the only thing the Court will do is 17 to tell the jury to ignore it. And if those people -- and 18 I'll do this in front of everybody, and I will instruct that 19 if those people who are talking about the case think that 20 they're doing themselves a favor, it may backfire. So that 21 goes for both sides. 22 MR. SCHWARZ: Thank you, your Honor. 23 THE COURT: Okay. Anything else? 24 MR. HARR: Your Honor, regarding the stipulation on 25 the picketing, should we submit that at this time, your Honor? 26 THE COURT: Sure. 27 Okay. I'll read this to the jury when I read the 28 instructions. All right. Thank you, Counsel. 304 Amanda M. Fagan, C. S. R. #8764 RPR 1 MR. HARR: Your Honor, did you see your list of 2 proposed instructions? 3 THE COURT: Yeah. You want to give it to me? 4 MR. HARR: Yes, please. 5 THE COURT: Thank you. 6 MR. HARR: I've got a couple of - 7 MR. SCHWARZ: Oh, there is one matter that we do 8 have to take up. 9 MR. HARR: Is it about this? 10 MR. SCHWARZ: It's a circumstantial, that's correct. 11 There's only one -- from almost all of these, your Honor, we 12 agree. There is only one instruction that we disagree, that 13 we should probably take up at this time before the jury is 14 brought in. It's on circumstantial evidence. 15 Counsel wants to give a jury instruction, either 16 2.01 or 2.02, your Honor. And in this case the People would 17 submit that all -- the entire case is based on direct 18 evidence. There has been no circumstantial evidence. And so 19 we would ask that the instruction not be given. Our entire 20 case is direct, your Honor, documents, testimony, 21 observations, your Honor. 22 THE COURT: Counsel? 23 MR. HARR: Your Honor, I believe that a substantial 24 amount of their case is circumstantial. They're trying to 25 have people infer a -- at least at this point they're trying 26 to have the people infer that -- or circumstantially by the 27 fact that he's standing, Mr. Henson is standing by a bridge 28 that he might lob a bomb. They brought in the Mambo Chicken; 305 Amanda M. Fagan, C.S.R. #8764 RPR 1 what is that for? That's no threat. It's ten-year-old 2 information. The patent, that's got to be there for an 3 inference. What else? The ten-year-old testimony. You know, 4 the bomb exploits out in the desert. These are all 5 circumstantial matters. 6 THE COURT: Let me just say something about that. I 7 think the jury, we will instruct the jury that they may or may 8 not apply any instruction that they think is appropriate and 9 applicable. They may disregard - 10 MR. SCHWARZ: Your Honor, however, in this -- from 11 my experience, your Honor, the circumstantial evidence case 12 where there is no circumstantial evidence is highly 13 prejudicial to the People, and the People would - 14 THE COURT: Why is that, Counsel? Why is it 15 prejudicial to give an instruction concerning circumstantial 16 evidence - 17 MR. SCHWARZ: Because your Honor - 18 THE COURT: -- if the Court includes a caveat that 19 the jury may disregard any instruction which it believes is 20 not applicable to the circumstances? 21 MR. SCHWARZ: Your Honor, this is the reason why. 22 In this Deputy District Attorney's experience, and in the 23 prosecutor's office, your Honor, the reason why is, this 24 particular language, "If circumstantial evidence permits two 25 reasonable interpretations, one which points to the 26 defendant's guilt and the other to the innocence, you must 27 adopt the --" 28 THE COURT: The Court is familiar with the 306 Amanda M. Fa an C.S.R. #8764 RPR 1 instruction. 2 MR. SCHWARZ: Yes, absolutely, your Honor. And the 3 Court would agree with the People, I'm sure, that is, that 4 instruction is confused with reasonable doubt. Now, in a case 5 where circumstantial evidence is appropriate, that becomes - 6 and if the Court's not going to allow the People to in fact 7 argue the jury instructions, then this is highly prejudicial, 8 your Honor, and can be confused easily. Since this case 9 Mr. Harr indicates that everything has been circumstantial, 10 inferences are not circumstantial. Inferences from direct 11 evidence is what we have. We have testimony of direct 12 observation and documents. 13 THE COURT: Counsel, don't argue the case now. I 14 have no intention of not giving that instruction. The jury 15 may in its own reason disregard it if it believes that it is 16 irrelevant. 17 Let's see if the jury is here. When they're here 18 we'll call them in. 19 Do I have a list of those instructions that you just 20 proffered? 21 MR. HARR: They've been submitted, your Honor. 22 (The following proceedings were held in open court 23 in the presence of the jury.) 24 THE COURT: Good morning. I hope you had a good 25 weekend and good Monday. 26 Before we begin let me say something. The Court has 27 heard and I want to bring it to the attention of everybody in 28 the courtroom that there -- you may have heard some discussion 307 Amanda M. Fagan, C.S.R. #8764 RPR 1 in the hall concerning this case. I don't know. But if you 2 heard it, you also have heard the Court's instruction to 3 disregard what you hear and read and see. You'll make up your 4 decision. You'll make your decision from the facts in this 5 courtroom and not from any conversation or statement you may 6 have heard outside. 7 Likewise, I would like to -- I certainly have no 8 reason to not welcome anybody that's in the courtroom. But I 9 would ask you, or I would tell you that it does no good for 10 any of you to do or say anything outside the presence of the 11 Court and in the possible presence of the jury. To do so may 12 in fact hurt your cause as opposed to helping it. 13 That being said, let us commence. You have your 14 next witness, Counsel? 15 MR. SCHWARZ: Yes, your Honor, thank you. People 16 would call Bruce Wagoner to the stand. 17 THE COURT: Good morning, sir. 18 THE WITNESS: Good morning. 19 THE COURT: Would you raise your right hand and face 20 the clerk, please. 21 THE CLERK: Do you solemnly swear that the testimony 22 you are about to give in the case now pending before this 23 Court shall be the truth, the whole truth, and nothing but the 24 truth, so help you God? 25 THE WITNESS: Yes, I do. 26 THE CLERK: Thank you. Please be seated. State and 27 spell your name for the record. 28 THE WITNESS: My name is Bruce Wagoner. Do you need 308 Amanda M. Fa an C.S.R. #8764 RPR 1 me to spell - 2 THE COURT: Last name if you would, please. 3 THE WITNESS: The last name is spelled 4 W-a-g-o-n-e-r. 5 THE COURT: I presume you spell Bruce like Bruce? 6 THE WITNESS: That's correct. 7 THE COURT: Okay. Go ahead, Counsel. 8 MR. SCHWARZ: Thank you, your Honor. 9 DIRECT EXAMINATION 10 BY MR. SCHWARZ: 11 Q. Good morning, Mr. Wagoner. 12 A. Good morning. 13 Q. Have you ever testified before in court? 14 A. No, I haven't. 15 Q. Okay. Well, there are a couple of things I might 16 want to mention to you. If I ask you a question, answer the 17 question. But if it calls for a "yes" answer, say "yes" and 18 not "yeah" or - 19 MR. HARR: Objection, leading the witness. 20 THE COURT: Well, overruled. But I - 21 MR. SCHWARZ: If the Court wants to instruct - 22 THE COURT: That's all right. Sometimes you don't 23 have to. You shouldn't instruct a witness - 24 MR. SCHWARZ: Yes, your Honor. Thank you. 25 Q. Anyway, that's how it works. 26 Anyway, to begin with, let's start with some 27 background information on you. How old are you? 28 A. I'm 41. 309 Amanda M. Fagan, C.S.R. #8764 RPR 1 Q. And where do you live? 2 A. I live in an apartment here in Hemet. 3 Q. And since when have you lived in Hemet? 4 A. I came here in 1988, and I've lived here since. 5 Q. And where do you work? 6 A. At the Church of Scientology International at the 7 Golden Era Productions facilities. It's just on Highway 79, a 8 little bit outside the city limits in Riverside County. 9 Q. How long have you worked in Golden Era? 10 A. I've worked there since 1988. 11 Q. And what do you do at the church? 12 A. Well, my duties there include basically making sure 13 that the church is in compliance with the laws of the land in 14 all ways. We have translations we do of our films there, and 15 we have people that come from other countries, make sure they 16 have their immigration in order, proper visas. We have 17 vehicles, I make sure they're registered properly. We have 18 various permits that we have from the County for things we do, 19 I make sure they're renewed and kept updated. I also help our 20 employees if they have personal matters they need help with, 21 like maybe a marriage license or something, or some of the 22 older staff who want a will, or people who want to get a 23 driver's license, I'll assist them with those kinds of things. 24 Q. And are you a Scientologist? 25 A. Yes, I am. 26 Q. Do you know of a person by the name of Keith Henson? 27 A. I do. 28 Q. And is he in the courtroom today? 310 Amanda M. Fagan, C.S.R. #8764 RPR 1 A. Yes, he is. 2 Q. Could you please point him out and name an article 3 of clothing that he is wearing? 4 A. Yes. He's sitting at the table right here, and he 5 has a blue jacket and a white flower. 6 THE COURT: Indicated the defendant for the record. 7 MR. SCHWARZ: Thank you, your Honor. 8 Q. When did you first see him? 9 A. I first saw him in 1997. 10 Q. And can you tell us under what circumstance you saw 11 Mr. Henson? 12 A. Yes, I can. He was on the highway that runs right 13 through our property where the church is, and he was out on 14 the road there with a sign. 15 Q. And did you speak to him then? 16 A. I did. 17 Q. And what happened? 18 A. Well, I was told there was someone on the road with 19 a sign. And oftentimes when there's somebody out there, 20 whether.it be a motorist that may have broken down - 21 MR. HARR: Objection, your Honor, nonresponsive. He 22 just asked him what happened. 23 THE COURT: Sustained. 24 Q. (By Mr. Schwarz): Well, so just tell us what 25 exactly happened, what did you do? 26 A. I went and spoke to Mr. Henson just to see if he had 27 a difficulty or needed help with something. 28 Q. And since 1997 have you received any information 311 Amanda M. Fagan, C.S.R. #8764 RPR 1 about the defendant which gave you cause for concern? 2 A. Yes, I have. 3 Q. And what information did you receive? 4 A. Well, I learned different things about him. I read 5 apart of a book about Mr. Henson that's called The Great 6 Mambo Chicken something or other. And in it, it gives 7 information about him being an explosives expert, somebody 8 who's set off bombs out in the desert and knows how to make 9 bombs, also had guns, even had a cannon. These are things I 10 considered a bit unusual. I've also seen postings that he's 11 made on the internet - 12 THE COURT: Excuse me, sir, I think the question was 13 what did you learn about Mr. Henson. 14 THE WITNESS: Okay, sir. I also learned from 15 postings that he made on the internet that he has a hatred for 16 my religion and would like to destroy Scientology and 17 Scientologists utterly, has no regard for us whatsoever. I 18 also learned about him from a posting I saw that he had 19 instructed children in pyrotechnics and how to make pipe 20 bombs, which to me indicated that the man has the capability 21 to do destructive things and is also dangerous. 22 THE COURT: Excuse me, sir, the question is what did 23 you learn about him? 24 THE WITNESS: Understood. Well, that is what I 25 learned. I learned that he has the capability of making 26 explosives devices, is considered to be an expert in that, and 27 is dangerous. 28 Q. (By Mr. Schwarz): Okay. Now, you mentioned The 312 Amanda M. Fagan, C.S.R. #8764 RPR 1 Great Mambo Chicken and the Transhuman Condition; is this the 2 book that you're referring to? 3 A. Yes, it is. 4 MR. SCHWARZ: May I approach, your Honor? 5 THE COURT: Yes. 6 Q. (By Mr. Schwarz): Now, you haven't been privy to 7 this, but previous testimony talks about the atomic bombs or 8 whatever. But you mentioned something about a cannon. Would 9 you please read to me that portion of the book talking about 10 the cannon that gave you concern? 11 A. Yes, I will. 12 Q. Can you please state the page number and the 13 paragraph that you are reading from. 14 A. Okay. I'm on page 50 of the book, and it's a 15 paragraph at the very bottom of that page. This is what it 16 says. It says, "They and their friends also held," in quotes, 17 "'ring parties,' modeled after J.R.R. Tolkein's Lord of the 18 Rings," and it quotes, "'We re-enacted the scenes that called 19 for lots of fire, smoke and explosives like the storming of 20 Isengard " end quote, "Caroline said. And if all that weren't 21 enough, the Hensons also owned a Civil War replica cannon 22 named Terrace Dolba (phonetic spelling) plus assorted guns, 23 rifles and other hardware. Indeed, Caroline and Keith were 24 every inch one of Tuscon's highest tech, highest fire power 25 married couples." 26 Q. Now, you've seen that book; is the book fiction or 27 non-fiction? 28 A. It's non-fiction. 313 Amanda M. Fagan, C.S.R. #8764 RPR 1 MR. HARR: Objection, your Honor, calls for a 2 conclusion. 3 MR. SCHWARZ: Personal knowledge, your Honor. 4 THE COURT: Do you know, sir? 5 THE WITNESS: It is non-fiction. I say that because 6 it just gives accounts of things that happened. It's not 7 pretend. 8 MR. SCHWARZ: Thank you. Excuse me, your Honor. 9 May I approach, your Honor? 10 Q. For the benefit of the jury we're not going to go 11 one by one, and for the record I am presenting the witness 12 what's been previously been marked as People's Exhibits 2, 6, 13 7, 8A, 9A, 10, 13, 14, 15A, 17, 18A, 19A, 20, 22, 23, 24A, and 14 25A. Again for time, would you please look over those 15 postings and see if you recognize them. 16 MR. HARR: Your Honor, while he's -- while the 17 witness is doing that could I please ask Counsel to repeat 18 everything after 20? I couldn't write fast enough, I'm sorry. 19 THE COURT: Okay. 20 Q. (By Mr. Schwarz): Mr. Wagoner, some of those 21 postings also have been redacted, which means that parts of it 22 have been removed because they are irrelevant and don't comply 23 with the California Evidence Code - 24 THE COURT: Excuse me, Counsel. I think that that's 25 somewhat inaccurate. I think portions of them have been 26 removed. 27 MR. SCHWARZ: Correct. 28 THE COURT: Whether they are relevant or not is a 314 Amanda M. Fagan, C.S.R. #8764 RPR 1 question that has not been resolved. 2 MR. SCHWARZ: That's fine, your Honor. 3 Q. So just to be aware of that. 4 A. Okay. 5 Okay. I've seen them all now. 6 Q. Okay. Do you recognize those postings that I gave 7 to you? 8 A. Yes, I do. 9 Q. And how do you recognize them? 10 A. I've read these before. 11 Q. And when was that? 12 A. In the summer of last year between a period roughly 13 from June to July. 14 Q. Okay. And where did you get the postings from? 15 A. These were given to me by our general manager, 16 Mr. Hoden. 17 Q. And why did Mr. Hoden give you that information? 18 A. He gave me these so that I would read them and be 19 briefed and understand who Keith Henson was and what he did so 20 I'd understand when he came in front of our church there he 21 was actually there because he was threatening us and doing 22 something to intimidate us. 23 Q. After you received this knowledge from Mr. Hoden and 24 witnessed the defendant's behavior, what did you do? 25 A. Well, for me, personally, I became concerned. I 26 actually became worried for my safety. 27 THE COURT: Excuse me. The question is, what did 28 you do? 315 Amanda M. Fagan, C.S.R. #8764 RPR 1 THE WITNESS: Understood, sir. What I did was I 2 helped in part of a response that was developed there at the 3 church to basically protect our staff whenever Mr. Henson 4 would come out on the road. And what I mean by that is, when 5 he would come I would have to leave my duties, whatever they 6 were, and literally just run outside and keep our staff from 7 going near the highway, and also at times keep them from going 8 underneath the tunnel. Because we didn't know if possible he 9 would throw a bomb or explosives device over and injure or 10 kill someone. This went as far as in the heat of the summer, 11 sometimes it's over 110 degrees out there, we'd have to tell 12 our staff not to use the tunnel that's in the center of the 13 place - 14 MR. HARR: Objection, your Honor - 15 THE WITNESS: -- but go to the other end. 16 THE COURT: What is your objection, Counsel? 17 MR. HARR: Hearsay. 18 THE COURT: What's that? 19 MR. HARR: Hearsay. 20 THE COURT: Overruled. 21 THE WITNESS: Well, just to make it clear, I 22 actually would tell people myself not to go through our 23 central tunnel but to go outside our secondary tunnel, which 24 was probably another, I would say from my own experience, half 25 mile walk. And this was very concerning to me, not only 26 because it was an interruption to my duties, and I couldn't 27 carry out my own religious duties, but at times when I wanted 28 to worship I literally couldn't even go across the street to 316 Amanda M. Fagan, C.S.R. #8764 RPR 1 our chapel because it wasn't safe to go anywhere near the 2 tunnel. I at times saw the defendant hanging over the side of 3 it, possibly making threats. He looked like he was 4 gesticulating towards people there. It caused me concern in 5 other ways, too. There were times where we couldn't even have 6 our staff, our employees couldn't come to dinner because they 7 couldn't get from one side of the place to the other just to 8 go eat, because we didn't know if they were safe or might be 9 injured in some way. I also had to see - 10 THE COURT: Excuse me. Counsel, ask another 11 question. 12 Q. (By Mr. Schwarz): Why don't you tell us what things 13 you personally observed regarding Mr. Henson's conduct? 14 A. Okay. 15 Q. During the relevant period of time. 16 A. Well, I observed -- I observed one thing at my 17 apartment. I left to come in one morning to go to the church. 18 I was driving in in a car, and I had some other employees with 19 me. As I left the parking lot, I saw a car coming by very 20 slowly right in front of the place where I live, probably 21 about three miles an hour. And as I looked into it, it was 22 Mr. Henson in the car. He was literally peering out at me, 23 looking at what I was doing, glaring at me through the car 24 windshield. I was concerned about it. I had other people 25 with me, didn't know if he might attack the car - 26 THE COURT: That was his concern; isn't that right? 27 MR. SCHWARZ: Yes, that is his concern. 28 THE COURT: Do you have a question for him? 317 Amanda M. Fagan, C.S.R. #8764 RPR 1 MR. SCHWARZ: Yes. 2 THE COURT: Thank you. 3 Q. (By Mr. Schwarz): So now, you said this was outside 4 of your apartment. So where is your -- I don't want the exact 5 location, but is your apartment at the Golden Era Productions? 6 A. No, it's in town. I don't mind giving where it is. 7 It's on Kirby Street. 8 Q. Okay. Did you witness anything else that Mr. Henson 9 did that gave you concern? 10 A. Yes, I did. I believe I mentioned I saw him hanging 11 over the fence at our -- at the church, looking over. And he 12 was saying something I couldn't hear, but yelling at other 13 people that were there. I also saw him on the road, and at 14 times he would run from one gate to another. And this was at 15 a time when our buses were coming in with the staff in them. 16 And he would literally get out in front of them or in their 17 way so he could be near them. And it was, you know, I took it 18 as intimidation of the people by him. And I was concerned 19 about that, too, because I thought maybe he was going to 20 attack the bus. 21 MR. HARR: Objection, your Honor, that was 22 speculation. 23 MR. SCHWARZ: That's his feeling, your Honor. 24 THE COURT: Well, I think it is speculation. 25 MR. SCHWARZ: That's fine, your Honor. 26 THE COURT: Sustained. 27 MR. SCHWARZ: Thank you. 28 Q. Let's talk about the time that he was out in front 318 Amanda M. Fagan, C.S.R. #8764 RPR 1 of your home. Did he have a picket sign then? 2 A. I saw no sign. 3 Q. And you mentioned a fence, that he was hanging over 4 a fence; is there a fence around all your property? 5 A. Yes, there is. 6 Q. Out of curiosity, why is that? 7 A. Well, it's like other gated communities you'll find 8 in this area. And the difference with us is we have a lot of 9 equipment there. It's a place where we make instructional 10 films for the church. There is a lot of movie equipment in 11 there that's worth a lot of money. But then inside of there, 12 those buildings don't even have locks on the doors. The whole 13 place is wide open. So that fence serves to protect the place 14 and the people there. And also at night when all the staff go 15 home there's hardly anybody there, it's just a handful of 16 people left. So it's a way to keep the facility safe. 17 Q. Okay. Now, when you read those postings, and I take 18 it just not just now, but back when you originally read them, 19 how did that make you feel? 20 A. I became -- I became frightened. I actually was 21 scared for my own well-being and for my fellows', because I 22 felt that there was a real threat here of somebody who would 23 like to destroy and do harm to us. 24 Q. Was your name mentioned in any of those postings? 25 A. No. 26 Q. Were you -- and you were nevertheless afraid? 27 A. Yes, I was. 28 Q. Why? 319 Amanda M. Fagan, C.S.R. #8764 RPR 1 A. Well, these -- there are threats in here against my 2 religion as a Scientologist. But it's not just that it's a 3 piece of paper. I mean, there is literally a man in front of 4 my office walking up and down the street, and he is the one 5 that made these threats. And they're against me, because I am 6 a Scientologist, too. But it isn't just that. It's like, I 7 know that this man can make explosives. I know he has said he 8 would like to destroy the church and Scientologists utterly. 9 And it's not even at work. I go home, and I come out in the 10 morning, and there he is in front of my house. This is - 11 this is not normal. This causes me great concern, personally 12 and for my friends as well. 13 MR. SCHWARZ: I appreciate that. Thank you. No 14 further questions. 15 THE COURT: Counsel? 16 MR. HARR: Thank you, your Honor. 17 CROSS-EXAMINATION 18 BY MR. HARR: 19 Q. Good morning, Mr. Wagoner. 20 A. Good morning. 21 Q. So I believe you said you met Mr. Henson in 1997? 22 A. Yes. 23 Q. And you were actually face-to-face with Mr. Henson? 24 A. Yes, I was. 25 Q. And did he try to punch you or anything during that 26 encounter? 27 A. He didn't try to do anything physically. 28 Q. I believe you indicated that the postings led you to 320 Amanda M. Fagan, C.S.R. #8764 RPR 1 believe -- actually, reports that led you to believe that 2 Mr. Henson didn't like individual Scientologists; is that 3 correct? 4 A. He says there that he would like - 5 Q. Is that correct? 6 A. -- that he would like to see all - 7 THE COURT: Excuse me, sir. 8 THE WITNESS: -- all Scientologists destroyed - 9 THE COURT: Excuse me, sir. 10 THE WITNESS: I'm sorry. 11 THE COURT: If you'll wait first. The question - 12 what was the question? 13 MR. HARR: I could either - 14 THE COURT: Would you read it back, please. 15 (Record read.) 16 THE COURT: Is that correct? 17 THE WITNESS: It is. 18 THE COURT: All right. 19 Q. (By Mr. Harr): Okay. Of the postings that 20 Mr. Schwarz handed you, which I believe you still have, could 21 you please tell me which, if any, of those reports indicated 22 to you that Mr. Henson doesn't like a specific Scientologist? 23 A. Well, here's the first one. This is what it says. 24 Q. Could you please hold that up so I can see which 25 document you're referring to? 26 A. Yeah. The number's 23. And it says, "The only way 27 I can get clear of this Scientology mess is to destroy them 28 utterly." 321 Amanda M. Fagan, C.S.R. #8764 RPR 1 Q. So you believe that that refers to a specific 2 Scientologist? 3 A. It refers to anyone who is a Scientologist. 4 Q. Okay. 5 A. Every individual. 6 Q. So that's your testimony. So you believe that 7 somebody is referred to individually even though they're not 8 named? 9 A. I as an individual feel I'm referred to by that. 10 Q. Okay. But your name's not in there; is that 11 correct? 12 A. No, it's not. But I am a Scientologist, and it does 13 refer to me as such. 14 Q. So even though your name's not on it, you're 15 convinced that that refers specifically to you? 16 A. I am. 17 Q. Thank you. I don't recall that you actually said 18 what your title was at Golden Era; can you please tell us what 19 your title is at Golden Era? 20 A. My title is called legal officer. 21 Q. And is Mr. Hoden in effect your boss? 22 A. Yes. 23 Q. And isn't it true that you wouldn't have seen any of 24 these reports that Mr. Henson wrote had Mr. Hoden not given 25 them to you; is that correct? 26 A. I might not have. 27 Q. Do you have a computer? 28 A. I have access to them. And I do have one. 322 Amanda M. Fagan, C.S.R. #8764 RPR 1 Q. Do you normally -- you saw the heading on those 2 reports that you just looked at; are you a frequent observer 3 of the site that's referred to at the top of those reports? 4 A. No. I am not frequent. My association with them 5 has been those postings. 6 Q. Do you do it at all? 7 A. No. 8 Q. Where did -- never mind. I won't ask that. 9 How long has Mr. Hoden been your boss? 10 A. Since about 1995. 11 Q. And did Mr. Hoden tell you that he got these 12 postings from Los Angeles somewhere? 13 A. He didn't say. 14 Q. So you don't know where he got them exactly? 15 A. No. 16 Q. I believe you indicated that you were involved in a 17 response when Mr. Henson comes out there; does that response 18 involve all the people at the Golden Era facility? 19 A. Yes, it does. 20 Q. So if Mr. Henson goes to the facility, someone 21 initiates the response, and then all 700 or so people do 22 something? 23 A. I'm going to clarify. 24 Q. Okay. Well, let me -- that was -- you've answered 25 the question. Thank you. 26 I take it you've seen the fence out at Golden Era? 27 A. Yes. 28 Q. And I take it that your testimony was that 323 Amanda M. Fagan, C.S.R. #8764 RPR 1 Mr. Henson hangs over the fence? 2 A. I did see him do that. 3 Q. Okay. What's at the top of the fence post out 4 there? 5 A. Nothing. 6 Q. There isn't a design at the top of the fence post? 7 A. It's just a black fence. 8 Q. There isn't a little design at the top of the fence 9 that's kind of pointed? 10 A. They're still straight posts that go up. 11 Q. So there's no design at the top of them as far as 12 you know? 13 A. I don't think so. 14 Q. Was there a tarp on one of the -- over one of the 15 tunnels that you've referred to in your testimony? 16 A. I don't remember - 17 Q. Excuse me, that's incorrect - 18 A. I don't remember a tarp. 19 Q. Okay. When you were reading The Mambo Chicken Book, 20 that's not the exact title, but you know, that one, were you 21 aware that the information -- that that book was written in - 22 on or about 1990? 23 THE COURT: I think that calls for a "yes" or "no" 24 answer, sir. 25 THE WITNESS: The answer to that is yes. 26 Q. (By Mr. Harr): If you know, are there more than 50 27 Scientology sites in California? 28 MR. SCHWARZ: Objection, relevance. 324 Amanda M. Fagan, C.S.R. #8764 RPR 1 THE COURT: Sustained. 2 MR. HARR: Your Honor, may I approach on that? Or 3 - 4 THE COURT: No. 5 MR. HARR: Okay. Yes, your Honor. 6 Q. Were you aware that various Scientologists have been 7 picketing at Mr. Henson's home during what's been referred to 8 as the relevant period? 9 A. No. 10 Q. Were you aware that certain Scientologists were 11 picketing Mr. Henson's wife's place of employment during the 12 relevant period? 13 A. No. 14 MR. HARR: No further questions. 15 THE COURT: Anything? 16 MR. SCHWARZ: Yes, your Honor. 17 REDIRECT EXAMINATION 18 BY MR. SCHWARZ: 19 Q. Are you on the ground crew? 20 A. I'm not sure I understand what ground crew is. 21 Q. Is your job entailed then in maintenance of the 22 grounds? Is that your job? 23 A. It's not my personal job, no. 24 Q. Okay. So you wouldn't take notice of particularly 25 whether there was a tarp or not? 26 A. No, I wouldn't. 27 Q. Okay. Or how the fence is necessarily constructed? 28 A. No. 325 Amanda M. Fagan, C.S.R. #8764 RPR 1 MR. SCHWARZ: No further questions. Thank you. 2 MR. HARR: No further questions, your Honor. 3 THE COURT: Thank you, Mr. Wagoner. Thank you for 4 your testimony. You are excused, and I guess subject to 5 recall. You may leave. 6 THE WITNESS: Thank you, sir. 7 THE COURT: Next witness, please. 8 MR. SCHWARZ: Thank you, your Honor. The People 9 would call Ms. Hillary Dezotell. 10 THE COURT: Good morning, ma'am. Would you please 11 stand and face the clerk. 12 THE CLERK: Raise your right hand. 13 Do you solemnly swear that the testimony you are 14 about to give in the case now pending before this Court shall 15 be the truth, the whole truth, and nothing but the truth, so 16 help you God? 17 THE WITNESS: Yes, I do. 18 THE CLERK: Thank you. Please be seated and state 19 and spell your name for the record. 20 THE WITNESS: State my name? 21 THE CLERK: Yes. 22 THE WITNESS: My name is Hillary Dezotell. 23 THE COURT: Could you spell your last name? 24 THE WITNESS: Certainly. It's D-e-z-o-t-e-1-1. 25 THE COURT: All right, Counsel. 26 MR. SCHWARZ: Thank you, your Honor. 27 DIRECT EXAMINATION 28 BY MR. SCHWARZ: 326 Amanda M. Fagan, C.S.R. #8764 RPR 1 Q. Ms. Dezotell, let's start with a little background 2 information about you. 3 A. Okay. 4 Q. If it's okay. You don't have to answer. How old 5 are you? 6 A. I'm 49. 7 Q. You're 49. And where do you live? 8 A. I live in Hemet. 9 Q. Okay. And how long have you lived in Hemet? 10 A. Thirteen years. 11 Q. And where do you work? 12 A. I work at the Church of Scientology, the Golden Era 13 Productions facility on Gilman Hot Springs, Gilman -- Highway 14 79. 15 Q. Okay. And just so for the record, is that in 16 Riverside County? 17 A. Yes, it is. 18 Q. Are you a Scientologist? 19 A. Yes, I am. 20 Q. And how long have you worked at Golden Era 21 Productions? 22 A. For 15 years. 23 Q. And what is your position at Golden Era Productions? 24 A. I'm a host, and I look after the recording artists, 25 the celebrities, and V.I.P.'s who come to film on our 26 educational films that we do and to record music, with some 27 musicians and so forth. And that's what I do. 28 Q. And can you describe what other sorts of activities 327 Amanda M. Fagan, C.S.R. #8764 RPR 1 that comprise your job? 2 A. Yeah. We have a lot of functions there that are 3 fund raisers, charity events, and so forth. We -- I host 4 visitors that come, say, from the Emblem Club, the Elks Club, 5 the Chamber of Commerce have fund raisers there. And we have 6 weddings, marriages, and so forth with, you know -- ministers 7 come sometimes, too, for that. 8 Q. Do you know who Keith Henson is? 9 A. Yes, I do. 10 Q. And how do you know him? 11 A. I know him from photographs, and from seeing him 12 personally, and from reading information about him. 13 Q. And do you see him in the courtroom today? 14 A. Yes, I do. 15 Q. Could you please point to him and name an article of 16 clothing that he or she is wearing? 17 THE COURT: Excuse me, ma'am. 18 THE WITNESS: Yes. 19 THE COURT: Would you identify him, where he's 20 seated? 21 THE WITNESS: I will, yes, sir. 22 THE COURT: Okay. 23 THE WITNESS: He's right there. 24 THE COURT: Okay. For the record the defendant. 25 MR. SCHWARZ: Thank you, your Honor. 26 Q. Now, you indicated that you received some 27 information from him; when did that occur? 28 A. Last year, summer. 328 Amanda M. Fagan, C.S.R. #8764 RPR 1 Q. And what was that information? 2 A. The information was -- it was a book that I read, a 3 Chicken Mambo book or something, and some other information on 4 internet postings and so forth. I 5 Q. Okay. And under what circumstances did you receive 6 this information? 7 A. Well, because of the nature of my job - 8 THE COURT: Excuse me, what was the question? 9 THE WITNESS: I'm sorry. 10 MR. SCHWARZ: Under what circumstances did she 11 receive this information? 12 THE COURT: Under what circumstances? 13 THE WITNESS: I received them because I understood 14 that Keith Henson was antagonistic to the church, and because 15 of the people that I work with it was important that I know 16 this. 17 Q. (By Mr. Schwarz): Okay. And how many postings 18 would you say you were shown? 19 A. Possibly, I don't know, 30 or 40, something like 20 that. 21 Q. What I want you to do at this time is I -- I don't 22 know. May I approach, your Honor? 23 THE COURT: Yes. 24 MR. SCHWARZ: I think the previous witness left 25 what's been previously been marked as Exhibits 2, 6, 7, 8A, 26 9A, 10, 13, 14, 15A, 17, 18A, 19A, 20A, 22, 23, 24A, and 25A. 27 And that's all for the record. Those have been left up on 28 your witness stand. Would you mind doing me a favor and 329 Amanda M. Fa an C.S.R. #8764 RPR 1 taking a look at those postings, read them, see if you 2 recognize them? And all at once. We aren't going to go 3 through them one by one, to save some time for the jury. So 4 if you can do that, and when you're done looking at them, look 5 up and let me know that you are done. 6 THE WITNESS: Yes, I will. 7 MR. SCHWARZ: Okay. Thank you. 8 Q. Are you done? 9 A. Yeah, I'm done. 10 Q. Okay. Do you recognize any of those postings? 11 A. Yes, I did. 12 Q. All of them? 13 A. I think there was one or two there that I didn't - 14 I don't remember seeing before. 15 Q. Okay. Would you mind pulling those -- I hope you 16 made a separate pile. 17 A. I didn't, but it's pretty easy. 18 Q. I see. I should have probably told you to put it in 19 a -- okay. And which ones do you have that you don't 20 particularly know? 21 A. I have - 22 THE COURT: You have not seen that one before? Give 23 it to the district attorney. 24 MR. SCHWARZ: Yes. 25 Q. So you haven't seen 13 or 20A? 26 A. I don't particularly remember seeing those, no. 27 Q. Okay. Now, with respect to the ones that you have 28 read before, again, when did you see those postings? 330 Amanda M. Fagan, C.S.R. #8764 RPR 1 A. Last year sometime. 2 Q. Okay. And who gave you those postings? 3 A. Ken Hoden gave them to me. 4 Q. And did you read them yourself? 5 A. Yes, I did. 6 Q. How did they make you feel? 7 A. They made me feel really nervous. I was like really' 8 -- what with the Chicken Mambo thing that I'd read and the 9 whole thing about explosives, I felt really threatened. I 10 felt really scared. 11 Q. And if you need to take a moment - 12 A. Sorry. 13 Q. Do we have tissue? 14 THE COURT: We have some kleenex -- let me have it, 15 Counsel. 16 THE WITNESS: Sorry. Thank you. 17 Q. (By Mr. Schwarz): I know this might be hard. Can 18 you tell me why you were scared? 19 A. Because he blows things up and has done it, you 20 know, and brags about how great it is to see hundred-foot-high 21 flames. And people blow things up, and it's happened before. 22 And I'm vulnerable for myself as well as the people that I 23 work with. I couldn't even bring people up sometimes to come 24 and visit. I told them not to come because I was -- I felt 25 really interfered with, you know, like, intimidated and 26 scared, is how I felt. 27 Q. Okay. Let's not talk about that now. 28 A. Sorry. Sorry. 331 Amanda M. Fagan, C.S.R. #8764 RPR 1 Q. That's okay, that's no problem. 2 Did you ever observe personally some behavior by 3 Mr. Henson that gave you concern? 4 A. Yes. 5 Q. Can you describe it, if it's okay? 6 A. Yeah. So I was in my office, and my office is very 7 close to the highway. And he was peering over the fence right 8 in the window. 9 Q. Can you, if it's not too much trouble, would you 10 mind standing for the jurors and on that board can you please 11 show the jurors which is your building, where is your office 12 located, ma'am? 13 A. Okay. So it is right here. The highway is about 15 14 feet to my window. It's the very closest one right here. 15 Q. Okay. 16 MR. HARR: Your Honor, I don't mean to hold things 17 up, but I didn't see what she pointed to - 18 THE COURT: Could you point to it again for us? 19 THE WITNESS: Oh, sorry. This one. 20 MR. HARR: This blue thing right here? 21 THE WITNESS: Right in the corner. 22 MR. HARR: Okay. 23 Q. (By Mr. Schwarz): Okay. And again, where was 24 Mr. Henson? 25 A. He was right across -- he was on the highway on the 26 verge, and right on the other side of our fence. And I was 27 just, you know, opening the Venetian blinds, and he was 28 peering in. He had this sign and his hat and what have you, 332 Amanda M. Fagan, C.S.R. #8764 RPR 1 his backpack and stuff. 2 Q. Okay. Now, were you afraid of Mr. Henson, or were 3 you afraid of the sign? 4 A. I was afraid of Henson. I didn't care about the 5 sign. 6 Q. I want to -- please be as specific as you can. How 7 did Mr. Henson's activities and your knowledge about what he's 8 done, how did that interfere with your religious -- well, your 9 duties at Golden Era? 10 A. Okay. How did it interfere with -- well. Well, 11 sometime -- my job takes me physically in different places, 12 because we have a studio where we film, and we have a 13 recording studio on the other side of the property. So I have 14 to go all over with the people that I work with, with the, you 15 know, the actors and singers and, you know, some important 16 people in my estimate. And I couldn't -- I was restricted. I 17 wasn't going to go under the tunnel where he's hanging over 18 the tunnel. You know, it made the hair stand up on the back 19 of my neck. It interfered with me. Sometimes I couldn't go 20 to the chapel for myself. But I also couldn't -- I couldn't 21 have -- I couldn't do my job in a normal fashion. And I mean, 22 I'm there seven days a week, it's what I do. I've dedicated 23 my life to do it. So I kind of feel strongly about it, to 24 help people improve their lives. So -- I don't know. 25 Q. Absolutely. 26 A. It's the opposite, you know? 27 Q. Did you alert anyone else about the defendant's 28 activities? 333 Amanda M. Fagan, C.S.R. #8764, RPR 1 A. I'm sorry, I didn't get - 2 Q. I'm sorry. Did you alert anybody else about the 3 defendant's activities? 4 A. I told two actors - 5 MR. HARR: Objection, your Honor, hearsay. 6 THE WITNESS: Sorry? 7 THE COURT: That calls for a "yes" or "no" answer. 8 THE WITNESS: Oh, yes. 9 Q. (By Mr. Schwarz): You did? 10 Thank you, your Honor. 11 Who did you alert? 12 A. There were two actors who were supposed to arrive on 13 a particular day for shooting, and I told them not to come. 14 Q. Okay. Has the defendant ever appeared outside your 15 residence -- oh, before that, let me ask you, you said you 16 lived here in Hemet; do you live -- do you live at Golden Era 17 Productions? 18 A. No. I live at Kirby Garden Apartments. 19 Q. Okay. Have you ever seen Mr. Henson outside of your 20 residence, ma'am? 21 A. Well, he was outside, because there's one day that I 22 couldn't leave - 23 THE COURT: Excuse me, did you ever see him outside? 24 THE WITNESS: Oh, no. Sorry. 25 MR. SCHWARZ: Okay. I think I have no further 26 questions for this witness. Thank you. 27 THE COURT: Counsel? 28 MR. HARR: Thank you, your Honor. 334 Amanda M. Fagan, C.S.R. #8764 RPR 1 CROSS-EXAMINATION 2 BY MR. HARR: 3 Q. Good morning, ma'am. 4 A. Good morning. 5 Q. How long has Mr. Hoden been your boss? 6 A. He's not my boss. 7 Q. Who is? 8 A. Muriel is my boss. 9 Q. And are you referring to Muriel DuFresne? 10 A. DuFrane, yeah. Yeah. 11 Q. Is Mr. Hoden the -- as far as you know the manager 12 - 13 A. General manager, yeah. 14 Q. General manager? 15 A. Yeah. 16 Q. From whom did you receive the reports that you just 17 received except for the two that you didn't recognize? From 18 whom did you receive those reports? 19 A. From him. 20 Q. "Him" being Mr. Hoden? 21 A. Yeah, Mr. Hoden. 22 Q. And how long have you been at Golden Era in your 23 current capacity? 24 A. What I do now, six years. I've been at Golden Era 25 13 years, but I've done what I do now for six years. 26 Q. Do you recall seeing Mr. Henson picketing at Golden 27 Era in 1995? 28 A. No. 335 Amanda M. Fagan, C.S.R. #8764 RPR 1 Q. Are you familiar with the design of the fence at 2 Golden Era in the sense that -- have you seen a lot of the 3 fence posts out there that Mr. Henson was supposedly hanging 4 onto? 5 A. I don't know about hanging onto fence posts. 6 Q. Okay. So he was on the street side of the fence, he 7 never was on Golden Era, I take it. Isn't there a pointed 8 little deal at the top of all the little posts out there on 9 the fence that surrounds Golden Era Productions? 10 A. Yeah. I'm not sure. Probably, yeah. There's that 11 place, you know, where the tunnel -- where the main tunnel is 12 where we walk. That's where I saw him hanging over. 13 Q. Okay. Isn't there a little pointy deal on each one 14 of the little posts out there? 15 A. I actually don't know, so. 16 Q. So you're not interested in what Mr. Henson's sign 17 says? 18 A. No. 19 Q. So you think based on what you've heard in certain 20 reports that what he actually does when he gets out there 21 really isn't that important? 22 A. Not to me. 23 Q. Okay. I believe it's accurate to state that none of 24 the reports that you just read specifically mentions your 25 name; does it? 26 A. They don't have to. It talks about where I work 27 every day. 28 THE COURT: Excuse me, ma'am. 336 Amanda M. Fa an C. S. R . #8764 RPR 1 THE WITNESS: I'm sorry. 2 THE COURT: The question was, do any of the reports 3 that you read mention your name? 4 THE WITNESS: No. 5 THE COURT: Thank you. 6 Q. (By Mr. Harr): Did any of the reports that you read 7 mention I.C.B.M.'s? 8 A. Yeah. 9 Q. Did you think Mr. Henson was going to launch an 10 I.C.B.M. at - 11 A. I thought he was going to blow something up. I 12 don't know about I.C.B.M., you know, I don't know. 13 Q. When you read the Mambo Chicken book, I believe - 14 had you read it before June of 2000? 15 A. Yeah. 16 Q. When did you first read it? 17 A. I think it was about a year before that I looked at 18 some of the passages in there, yeah. 19 Q. And did you just pick it up in a book store? 20 A. No. It was actually Ken Hoden had it in his office 21 and it was -- yeah, it looked kind of weird, so I picked it up 22 myself. 23 Q. So Ken Hoden had this book at least a year before 24 June of 2000? 25 A. Something like that, yeah. I can't remember 26 exactly, but. 27 Q. Did Mr. Hoden show you a patent that Mr. Henson - 28 A. A what? 337 Amanda M. Fagan, C.S.R. #8764 RPR 1 Q. A patent, copy of a patent? 2 A. No. 3 Q. Isn't it true that you wouldn't have seen any of 4 these postings or reports that you've just referred to unless 5 Mr. Hoden had given them to you? 6 A. Well, the chicken book I picked up myself. 7 Q. I'm talking about -- I don't mean to interrupt, but 8 the reports? 9 A. Oh, yeah, no. I wouldn't have. 10 MR. HARR: No further questions. Thank you. 11 THE WITNESS: Thank you. 12 THE COURT: Counsel? 13 REDIRECT EXAMINATION 14 BY MR. SCHWARZ: 15 Q. Ms. Dezotell, now, you received this, these 16 postings, the book, whatnot, the information about Mr. Henson; 17 did you form your own opinion, or did you take on Mr. Hoden's 18 opinion about whether you should fear Mr. Henson or not? 19 A. I absolutely formed my own opinion. 20 MR. SCHWARZ: Okay. No further questions. Thank 21 you. 22 THE COURT: Anything? 23 MR. HARR: No, your Honor. 24 THE COURT: Thank you, ma'am. 25 THE WITNESS: Thank you, sir. 26 THE COURT: Thank you for your testimony. You are 27 excused subject to recall. 28 THE WITNESS: Okay. 338 Amanda M. Fagan, C.S.R. #8764 RPR 1 THE COURT: Any further witnesses? 2 MR. SCHWARZ: Yes, your Honor. The People have one 3 more witness. However, the People are unsure exactly where 4 that person is. He is? Oh, good. Well, then, the People 5 would call Deputy Rowe. Thank you. 6 THE COURT: Are you recalling Deputy Rowe? 7 MR. SCHWARZ: First time, your Honor. Detective 8 Greer is the one who testified before. 9 THE COURT: Oh, okay. Good morning, Deputy. Would 10 you raise your right hand and be sworn. 11 THE CLERK: Do you solemnly swear that the testimony 12 you are about to give in the case now pending before this 13 Court shall be the truth, the whole truth, and nothing but the 14 truth, so help you God? 15 THE WITNESS: I swear. 16 THE CLERK: Please be seated, state and spell your 17 name for the record. 18 THE WITNESS: Deputy M-i-c-h-a-e-1, Michael, Rowe, 19 R-o-w-e. 20 THE COURT: Go ahead, Counsel. 21 MR. SCHWARZ: Thank you, your Honor. 22 DIRECT EXAMINATION 23 BY MR. SCHWARZ: 24 Q. Deputy Rowe, how are you employed, sir? 25 A. I'm a Deputy Sheriff for the Riverside County 26 Sheriff's Department. 27 Q. And how long have you been a sworn peace officer in 28 the state of California? 339 Amanda M. Fa an C.S.R. #8764 RPR 1 A. Been a sworn peace officer for about three years, 2 just over three years. 3 Q. What training did you receive in order to hold your 4 position? 5 A. I went through a 24-week basic academy, at which 6 time I graduated and was placed in the jail, went through a 7 two-month training program and went to patrol and received a 8 four-month training program there. 9 Q. Okay. And were you taught how to interview and 10 conduct investigations and write reports? 11 A. Yes. 12 Q. When -- do you know a person by the name of Keith 13 Henson? 14 A. Yes. 15 Q. And do you see that person in court today? 16 A. Yes. 17 Q. Can you point to him, please? 18 A. Right there. 19 Q. Can the record reflect - 20 THE COURT: For the record the defendant. 21 MR. SCHWARZ: Thank you, your Honor. 22 Q. When did you first meet the defendant? 23 A. Last year, I believe the date was July 19th. 24 Q. Okay. And under what circumstances did you meet 25 Mr. Henson? 26 A. I was called by Golden Era, by the general -- I 27 believe the general manager, Ken Hoden, reference some 28 internet postings that they had been made aware of, and they 340 Amanda M. Fagan, C.S.R. #8764 RPR 1 called us out there to conduct an investigation. 2 Q. When you -- so you -- was there anybody else besides 3 you who responded to Golden Era? 4 A. Nope. I believe it was -- at that point I believe 5 it was just me. 6 Q. Well, what did you do when you went to Golden Era 7 when you responded to the call? 8 A. I spoke to the general manager and a few other 9 people that -- that Golden Era had for me. I received a whole 10 bunch of internet documents. They kind of went over them and 11 told me that they felt threatened, that they were afraid of 12 Mr. Henson. And so I went out front where Mr. Henson was 13 picketing and spoke to him. 14 Q. Okay. And then what happened? 15 A. Based on the information in the documents that they 16 had given me I arrested Mr. Henson and took him to the station 17 so that I could further interview him. 18 Q. Okay. And did you read him his Miranda rights? 19 A. Yes, I did. 20 Q. And did he still agree ultimately to speak with you? 21 A. Yes. 22 Q. Did the defendant reveal a purpose behind his 23 internet postings to you? 24 A. Yeah. He told me he likes to make the 25 Scientologists paranoid. 26 Q. Did you ask the defendant whether he was intending 27 to make the victims afraid? 28 A. Yes. 341 Amanda M. Fagan, C. S. R . #8764 RPR 1 Q. What did he say? 2 A. He clarified and said "paranoid." 3 Q. Okay. And did you ask the defendant about his 4 background and extensive history of making bombs? 5 A. Yes. 6 Q. And what did he say about that? 7 A. He told me that he used to teach pyrotechnic safety 8 and that he was -- he clarified me and said it wasn't bombs, 9 it was pyrotechnics and explosives. And he used to teach it 10 in -- or he was qualified to teach it. 11 Q. Did you discuss with him the fact that his extensive 12 explosives background made the Scientologists afraid? 13 A. Yes. 14 Q. And what did he say about that? 15 A. Oh, boy. I believe he said, "That's --" "That's on 16 them," or, "That's their problem," if I recall. 17 Q. Did you ask the defendant whether he thought the 18 church took his threats seriously? 19 A. Yes, I did. 20 Q. And what did he say about that? 21 A. I believe he said they're hyper-paranoid, and they 22 shouldn't be taking them seriously, and if they did that - 23 and I believe again it was something somewhere to, "That's 24 their problem." 25 Q. Did he show any remorse for the victims' fear? 26 A. No. 27 Q. Now, you mentioned before about 7th and 8th graders, 28 about teaching them something; did the defendant talk about 342 Amanda M. Fagan, C.S.R. #8764 RPR 1 pipe bombs? 2 A. Yes. 3 Q. And what did he say about that? 4 A. He said -- he said he used to teach it, and that he 5 knew how to make them. He said he hasn't made any pipe bombs 6 in a very long time, but he said -- he was certainly familiar 7 with how to make them. 8 Q. Okay. Did any -- did he indicate anything about the 9 capability or the degree of damage these bombs would have? 10 A. Yeah. Okay. He said when he set them off when he 11 was a kid - 12 MR. HARR: Objection, your Honor, there is no 13 indication that anyone - 14 THE COURT: Overruled. 15 MR. SCHWARZ: Please continue. 16 THE WITNESS: He said he used to set them off when 17 he was a kid. And I don't recall his exact statement, but he 18 explained to me that the radius and the damage they could do, 19 and he quoted a certain distance. 20 Q. (By Mr. Schwarz): Do you recall what that distance 21 is? 22 A. I don't recall the exact distance, but it was rather 23 large. But he knew it. 24 Q. It was a quarter mile? 25 A. Could have been. 26 Q. Okay. Did he -- did the defendant say anything 27 about taking the church down? 28 A. Yes. 343 Amanda M. Fagan, C.S.R. #8764 RPR 1 Q. What did he say? 2 A. He said he wanted to take them down by psychological 3 means, and he said another way, too. But -- he didn't say a 4 physical means. As a matter of fact, he clarified that. Not 5 by physical means, but by psychological means. 6 MR. SCHWARZ: Thank you very much. No further 7 questions for this witness. 8 THE COURT: Counsel? 9 MR. HARR: Thank you, your Honor. 10 CROSS-EXAMINATION 11 BY MR. HARR: 12 Q. Good morning, Deputy Rowe. 13 A. Good morning. 14 Q. You have a heck of a memory for remembering exactly 15 when you met Mr. Henson; how do you happen to remember exactly 16 the date when you met him? 17 A. I'm sorry? 18 Q. How do you happen to remember the exact date that 19 you met Mr. Henson? 20 A. I reviewed my report. 21 Q. So you thoroughly reviewed your report this morning 22 before testifying? 23 A. No, actually, I did not get an opportunity to review 24 it this morning before I testified. I was a little late this 25 morning. But I reviewed it last week when I was here. 26 Q. And do you have an independent recollection of 27 events as opposed to just reading your report and stating 28 what's in your report? 344 Amanda M. Fagan, C.S.R. #8764 RPR 1 A. Yeah. Actually, it was actually the transcript 2 where I remember most of the details. My report didn't 3 actually have it. It was the interview. 4 Q. So you actually went over your transcript as well? 5 A. Yes. 6 Q. So you think you're familiar with that transcript? 7 A. I'm vaguely familiar with it. I wouldn't be able to,, 8 quote you very many specifics. 9 Let me see if you remember this part, Deputy Rowe. 10 "Deputy Rowe: Okay. Are you trying -- you're 11 trying to disband them, trying to shut them down, 12 is that what you're doing --" 13 MR. SCHWARZ: Objection, foundation, your Honor. 14 MR. HARR: I'm reading from the transcript that 15 Deputy Rowe just mentioned. If he has a copy of the 16 transcript with him, I'd ask that he could follow along with 17 me. 18 THE COURT: Do you have a copy, Deputy? 19 THE WITNESS: I do. It's over there. 20 THE COURT: Where? 21 THE WITNESS: By the seats over there. 22 THE COURT: Why don't you let the deputy get it. 23 MR. HARR: Please. 24 Q. Okay. Deputy Rowe, have you had a chance to get 25 that transcript? 26 A. Yes, sir. 27 Q. Okay. Thank you. Now, I don't know if I've got the 28 same transcript you do, but the transcript I have I am 345 Amanda M. Fagan, C.S.R. #8764 RPR 1 referring to as page 21. And I think the last time we 2 discussed this there might have been a slight discrepancy in 3 the two documents as far as page number goes. But if you'd 4 please refer to page 21. 'Cause does the top of your page 21 5 start with the word "Henson" and then some testimony that 6 starts -- or not testimony, but starts, "There is no," or - 7 is that on your page 21? 8 A. "No virtue"? 9 Q. Yes, that one. 10 A. Okay. 11 Q. Okay. If you could go down past your name and then 12 Mr. Henson's to where it says your name again, where it says 13 "Rowe." 14 A. Okay. 15 Q. And it's -- it says, "Okay. Are you trying, you're 16 trying to disband them, trying to shut them down, is that what 17 you're doing?" And Mr. Henson apparently answered, "Either 18 get --" 19 MR. SCHWARZ: Objection, your Honor. 20 MR. HARR: I'm reading from the transcript - 21 MR. SCHWARZ: Your Honor, this is hearsay as to 22 Mr. - 23 THE COURT: Excuse me, Counsel. I think it was an 24 admission, and that was the reason the Court allowed it in. 25 Overruled. 26 MR. HARR: Thank you, your Honor. 27 Q. And Mr. Henson says, "Either get them to massively 28 reform or put them completely out of business." Your 346 Amanda M. Fagan, C.S.R. #8764 RPR 1 question, "How are you -- how are you -- how are you trying to 2 do that? 3 "Answer: Picketing. Picketing them. 4 "Rowe: By picketing them, not by means of threat or 5 when you're - 6 "Henson: You mean like physical attacks on them? 7 "Rowe: No. Just threats, maybe with the news group 8 maybe --" 9 And then he goes on. 10 Isn't it true he was trying to bring these people 11 down, if at all, by picketing? Wasn't that his testimony 12 during the interview? 13 THE COURT: Excuse me, Counsel - 14 THE WITNESS: Yes, right there it was. 15 Q. (By Mr. Harr): And isn't it true that the only 16 person that he intended to make paranoid, if anybody, was 17 Mr. Miscavige? 18 A. Yes, I remember him mentioning -- I couldn't say 19 that would be the only person, because he mentioned 20 Scientology as well. But he did mention some contempt for 21 Mr. Miscavige as well. 22 Q. And you mentioned earlier, I believe, that you wrote 23 a police report about this interview? 24 A. Correct. 25 Q. And isn't it true that that report only says that he 26 was trying to make Mr. Miscavige paranoid? 27 A. Possibly. 28 Q. Do you have your report with you? 347 Amanda M. Fagan, C.S.R. #8764 RPR 1 A. Yes. 2 Q. Could you please refer to page -- continuation page 3 3 of your report? 4 A. I brought it with me, but I don't have it up here. 5 Q. Oh, I'm sorry. 6 Your Honor, may he please get his police report, 7 copy of it? 8 THE COURT: Sure. 9 Ladies and gentlemen, we'll take our recess as soon 10 as Detective Rowe is concluded or at 10:30, whichever is 11 first. 12 Q. (By Mr. Harr): Okay. Deputy Rowe, have you had a 13 chance to flip to continuation page 3 of your report? 14 A. Yes. 15 Q. Okay. Do you see the paragraph, it's the third full 16 paragraph that starts, "I conducted a tape-recorded 17 interview"? 18 A. Uh-huh. 19 Q. Okay. And about the next two -- the second sentence 20 after that it says, I believe, "He stated that he sometimes 21 says things on the site to make Miscavige paranoid." You 22 didn't -- isn't that what your report says? 23 A. Yes. 24 Q. And it doesn't mention him trying to make anybody 25 else paranoid; does it? 26 A. Not here, no. 27 Q. Okay. Anything else in your report that says that 28 he was trying to make somebody paranoid? 348 Amanda M. Fagan, C.S.R. #8764 RPR 1 A. I don't think there's anything else in the report, 2 in the written report. 3 Q. Now, I believe your report, I'm now looking at one, 4 two, three, four, the fourth full paragraph which says "Under 5 Penal Code," blah, blah, blah. There, okay, last sentence. 6 It says, "Ken refused to sign a citizen's arrest for him to 7 have Keith arrested." Who is Ken? 8 A. That would be Ken Hoden. 9 Q. And who is Keith? 10 A. Keith Henson. 11 Q. So is it correct to say that Mr. Hoden refused to 12 sign a citizen's arrest for Mr. Henson? 13 A. Yes. 14 Q. Did you ask Mr. Henson if he had any idea where 15 Mr. Miscavige was? 16 A. I may have. I don't recall. I may have. 17 Q. And you did in fact make a tape of your interview, 18 is that correct, with Mr. Henson? 19 A. Yes. Yes. 20 Q. And isn't it true that Mr. Henson indicated that to 21 the extent that he may have mentioned I.C.B.M.'s in certain 22 reports that he was only joking? 23 A. Uh-huh, true. 24 Q. And isn't it true that Mr. Henson was picketing when 25 you arrived at Golden Era that day and you first met him? 26 A. Yes, he was. 27 Q. And was -- to your knowledge was he doing anything 28 illegal while he was picketing? 349 Amanda M. Fagan, C.S.R. #8764 RPR