I don't know if Judge Schaeffer has been reading the Amicus briefs she has been getting or not, but they do go in the case file and become part of the appeal record. This is draft, suggestion about what I should add in the body or included as exhibits are welcome. Remember though, I don't want to make it phone book thickness.

H. Keith Henson
2237 Munns Ave.
Oakville, ON, L6H 3M9
hkhenson@cogeco.ca
905-844-6216
416-529-2789 (cell)

June 7, 2002
Amicus curia brief, for entry in the case file.

The Honourable Judge Schaeffer
Clearwater Courthouse
315 Court Street
Clearwater, FL 33756

Re the Lisa McPherson case and related

Dear Judge Schaeffer:

My name has come up several times in the hearings you are conducting. I am one of the fugitive from Scientology's legal persecution who escaped to Canada. I could make minor corrections to the record such as Mr. Minton being confused about which cases he funded among the 11 or 12 cases Scientology brought against me or caused the state to bring against me (he did not fund the copyright case). But his errors in this particular matter are not substantial enough to warrant correction.

Since the copyright cases have been introduced in this case you may want to examine the background. The copyright case against me started with a letter I wrote to a Judge--attached--where I quoted a Scientology instruction manual, NOTs 34 containing similar policies to those used to "treat" Lisa McPherson. While I lost the case, the judge involved was lambasted by the Wall Street Journal:

"The Scientologists are merely doing their thing, but both cyberlitigants and First Amendment vigilantes ought to take a close look at Judge Whyte's reasoning. Mr. Henson is not trying to steal the profits from Scientology scriptures; his motive is to criticize what he believes is a corrupt and dangerous organization that practices coercive mind control and engages in medical quackery, in the process bilking vulnerable individuals for thousands of dollars and endangering their health. While admitting that the documents were copyrighted, he felt his postings would be covered under as 'fair comment and criticism,' a long-standing provision of copyright law.

"This, Judge Whyte held, didn't even require a jury to deliberate on Mr. Henson's motives. For one thing, his postings didn't include enough explicit criticism of the material, since he felt it was preposterous on its face. More basically, the judge found, the 'fair use' doctrine in its application is much stronger for already published material, and, of course, the posted scriptures had not been published by the owners of the copyright. You can criticize the texts of a public religion, that is, but a secret religion is immune.

"Judge Whyte, in short, has turned copyright law on its head. The purpose of the law is to encourage free speech, giving authors and artists comfort in knowing that others cannot misappropriate their works for their own profit. The essence of the matter before him, as anyone not blinded by a Pecksniffian literalness can see, is that the plaintiffs are using the law to muzzle their critics. In addition, the judge is in the process of morphing an already dubious tort case into a criminal matter through the contempt power--a threat to freedom of speech well recognized in the First Amendment community.

http://groups.google.ca/groups?selm=35b62ff0.464121%40nntptransit.lsan03.pbi.net&oe=UTF8

My concern is with this distortion of the legal system wrought by large amounts of money. Near the end of Vol. 10 of Bob Minton's testimony Mr. Rosen is reported to have listed cases against their critics in which Scientology spent $34.95 million. I believe the real number (including private investigators and investigating/influencing judges) is perhaps closer $35 million *a year*. They have spent at least ten million destroying Mr. Berry. Prior to 1991 scientology was estimated to have spent $125 million suing the IRS into submission. The estimate for how much scientology spent over 22 years delaying payment to Wallersheim is $140 million, or close to $7 million a year. They spent perhaps $20 to $50 million destroying CAN, including payments to Jolie Steckart (who has Master's degree in acting). Jolie is also featured in the transcripts.

By those standards, their claims about me are relatively tame. On Sept. 13, 2000, Mr. Rosen stated in a federal bankruptcy court that Scientology's RTC corporate shell had spent $2 million on me. Eight hundred thousand of that was using the bankruptcy court as a punishment mechanism where the maximum possible recovery (had I been wealthy) was about $200,000. That was about 6 feet of filings ago, so the number may be closer to $3 million by now, they have been spending per year on legal bills about ten times year what I make per year for the last 6 years.

When RTC was getting a court order to depose my daughter in 2000 (who had just turned 18) Judge March of the Central District of California said:

"'I don't think I've even seen a Chapter 23 docket that ran 34 pages in this district. I was amazed when we requested the docket from the Northern District of California and they faxed down 34 pages of their docket from the clerk's office, and I don't think I've ever seen a Chapter 13 case where so many people have had either 2004 exams or depositions taken. It's---it's absolutely amazing.' (p.20)

"'I think in light of the history of this case that is reflected in the docket of the N.D. of Cal, which I take judicial notice of, and is reflected in the motion, that there have been a lot of long contentious and duplicative discovery in depositions taken, and that therefore, it was appropriate to move this court for a protective order.'(p.24)

Judge March limited my daughter's deposition to one hour and awarded sanctions to my daughter of $1,000. Needless to say RTC appealed the decision. Replying to the appeal cost far more than the (never paid) $1000 sanction.

Being a former tax lawyer, you might appreciate the sweetheart deal Scientology obtained from the IRS when they paid 1.2 percent of what they themselves estimated they owed and obtained tax deductions for "services" in violation of the law.

January 29 this year Judge Silverman in the Sklar appeal to the Ninth Circuit wrote:

" . . . . An IRS closing agreement cannot overrule Congress and the Supreme Court.

"If the IRS does, in fact, give preferential treatment to members of the Church of Scientology -- allowing them a special right to claim deductions that are contrary to law and rightly disallowed to everybody else -- then the proper course of action is a lawsuit to put a stop to *that* policy. The remedy is not to require the IRS to let others claim the improper deduction, too."

http://news.cpamerica.org/_files/wtu/relsch.pdf

I have discussed such a lawsuit with one of the lawyers before your court. His estimate is that such a suit would cost $4 million or perhaps more with no chance to recover of any of the cost. So the illegal "preferential treatment" for scientology--which greatly contributes to their ability to abuse the legal system--is likely to remain the "law of the land."

As to how scientology got such "special consideration," this is in an article by Douglas Franz of the New York Times:

"The decision to negotiate with the church came after Fred T. Goldberg Jr., the commissioner of the Internal Revenue Service at the time, had an unusual meeting with Miscavige in 1991. Scientology's own version of what occurred offers a remarkable account of how the church leader walked into IRS headquarters without an appointment and got in to see Goldberg, the nation's top tax official. Miscavige offered to call a halt to Scientology's suits against the IRS in exchange for tax exemptions."

full article at: http://www.lermanet.com/scientologynews/nytimes/nyt-irs-030997.htm

So if you wonder about Mr. Minton crumbling in the face of incessant scientology litigation, consider that the IRS folded, after (it is believed) the commissioner was entrapped and blackmailed. You can read some details here:

http://groups.google.ca/groups?selm=3bbdc2bd.159339126%40news2.lightlink.com

I am not certain, but I believe one of the people in your court, Patricia Greenway, is the one who heard the story of the Scientology leaders barging into the IRS Commissioner's office from his secretary at a screening of The Profit.

More can be found here in a letter from another of the lawyers, Graham Berry, who has been before you.

http://www.lermanet.com/reference/GrahamBerry/lettertoAndrewCard.htm

Mr. Berry has been reduced to living on welfare by the cult's incessant attacks on him in retaliation for representing a number of clients, including me, against the cult. At least 3 judges who have ruled against him have been found to have close connections to the cult, in one case, the Judge's wife was *employed* by them.

I am sure you are aware of the cult's efforts that finally succeeded in driving medical examiner Joan Wood from office. It is known that she spent nearly a year in a mental ward afterwards, and it has been widely speculated that the cult dosed her with psychotropic drugs (LSD) as they known to have done in a few other cases.

Scientology, as you have probably noted, is willing to spend 10 or even 100 dollars to cost an opponent a dollar. Scientology is not the only example where large amounts of money have distorted justice. The tobacco cases, OJ Simpson, and Microsoft come to mind. The use of courts this way to economically destroy opponents was not an anticipated abuse of the legal system. To date the courts have found no way to control this abuse.

What seems to be the Scientology managed goal in the case before you is that the hearing be extended until the resources of the Lisa McPherson estate and Mr. Dandar are completely drained.

Keith Henson

PS. This case is being watched all over the world. The transcripts have been posted on the a.r.s news group and put on web sites. The web sites have had to be moved twice because of the high demand placed on them by people downloading the transcripts.

  12              THE COURT:  No, I just want to know basically,
  13         is it your hope that you can just walk away and --
  14         and be no longer involved in any litigation and you
  15         go your way and they go theirs and --

  16              THE WITNESS:  And that I don't bother them.  I
  17         don't want to speak out about the Church of
  18         Scientology anymore.  I don't want them to speak out
  19         about me.

  20              THE COURT:  Bother you, bother your wife,
  21         bother Ms. Brooks?

  22              THE WITNESS:  You know, I guess -- yes, I would
  23         just like for us to be able to -- you know, I'm not
  24         saying we're going to send each other Christmas
  25         cards or patch up anything other than the most
   1         fundamental issue between us, but --

   2              THE COURT:  I take it you hope you don't have
   3         to pay any money, and if you do, whatever it is you
   4         have to pay, is as little as possible?

   5              THE WITNESS:  Well, that's for sure.  That's
   6         for sure, your Honor.

   7              THE COURT:  So -- so those are two things that
   8         we said pretty quickly.
   9              Now, what else is it you hope to obtain in this
  10         global settlement, if anything?

  11              THE WITNESS:  I just -- I just want some peace
  12         and --

  13              THE COURT:  Okay.

  14              THE WITNESS:  -- you know, your Honor, since --
  15         you know, this has been really hard.  It's been -- I
  16         just can't do it anymore.  I don't want to do it.

Only attacks resolve threats.

In the face of danger from Govts or courts there are only two errors one can make: (a) do nothing and (b) defend. The right things to do with any threat are to (1) Find out if we want to play the offered game or not, (2) If not, to derail the offered game with a feint or attack upon the most vulnerable point which can be disclosed in the enemy ranks, (3) Make enough threat or clamor to cause the enemy to quail, (4) Don't try to get any money out of it, (5) Make every attack by us also sell Scientology and (6) Win.

If attacked on some vulnerable point by anyone or anything or any organization, always find or manufacture enough threat against them to

cause them to sue for peace. Peace is bought with an exchange of advantage, so make the advantage and then settle. Don't ever defend. Always attack.

Don't ever do nothing. Unexpected attacks in the rear of the enemy's front ranks work best.

-- L. Ron Hubbard
HCOPL 1960-08-15

++++++++++++ SACRED CULT SCRIPTURE +++++++++++++

Find or manufacture enough threat against them to cause them to sue for peace. Originate a black PR campaign to destroy the person's repute and to discredit them so thoroughly they will be ostracized. Be alert to sue for slander at the slightest chance so as to discourage the public

presses from mentioning Scientology.

It is my specific intention that by the use of professional PR (black PR) tactics any opposition not only be dulled but permanently iradicated.

-- L. Ron Hubbard
HCOPL 30 may 1974

++++++++++++ SACRED CULT SCRIPTURE +++++++++++++

And I call to your attention the situation of any besieged fortress. If that fortress does not make allies, does not send forth patrols to attack and harrass, and does not utilize itself to make the beseiging of it a highly dangerous occupation, that fortress may, and most often

does, fall.

The DEFENSE of anything is UNTENABLE. The only way to defend anything is to ATTACK, and if you ever forget that, then you will lose every battle you are ever engaged in, whether it is in terms of personal conversation, public debate or court of law. NEVER BE INTERESTED IN CHARGES. DO, yourself, much MORE CHARGING, and you will WIN. And the public, seeing that you won, will then have a communication line to the effect that Scientologists WIN. Don't ever let them have any other thought then that Scientology takes all its objectives.

-- L. Ron Hubbard
HCOPL 30 may 1974
Magazine Article on Level 0 Checksheet

++++++++++++ SACRED CULT SCRIPTURE +++++++++++++

At this instance there are men hiding in terror on Earth because they found out what they were attacking. There are men dead because they attacked us -for instance Dr. Joe Winter. He simply realied what he did and died. There are men bankrupt because they attacked us - Purcell, Ridgeway, Ceppos.

-- L. Ron Hubbard
Manual of Justice (Public Domain)

++++++++++++++++++++++++++++++++++++++++++++++++++

INTELLIGENCE SPECIALIST TRAINING ROUTINE - TR L

Purpose: To train the student to give a false statement with good TR-1. To train the student to outflow false data effectively. [...]

Training Stress: In Part 1 coach gives command, student originates a falsehood. Coach flunks for out TR 1 or TR 0. In Part 2 coach asks questions of the student on his background or a subject. Student gives untrue data of a plausible sort that the student backs up with further

explanatory data upon the coach asking further questions. The coach flunks for out TR 0 and TR 1, and for student fumbling on question answers. The student should be coached on a gradient until he/she can

lie facilely. [...]

-- [Cult document recovered in FBI raid]

++++++++++++ SACRED CULT SCRIPTURE +++++++++++++

THE ONLY WAY YOU CAN CONTROL PEOPLE IS TO LIE TO THEM. You can write

that down in your book in great big letters. The only way you can control anybody is to lie to them. When you find an individual is lying to you, you know that the individual is trying to control you. One way or another this individual is trying to control you. That is the mechanism of control. This individual is lying to you because he is trying to control you - because if they give you enough misinformation

they will pull you down the tone scale so that they can control you.

-- L. Ron Hubbard
Technique 88

++++++++++++++++++++++++++++++++++++++++++++++++++

The past 8 years have consisted mainly of a prolonged, and ultimatly unsuccessful, attempt to persuade or compel the plaintiff to comply with lawful discovery. These efforts have been fiercely resisted by plantiffs. They have utilized every device that we on the District Court have ever heard of to avoid such compliance, and some that are new to us.

This noncompliance has consisted of evasions, misrepresentations, broken promises and lies, but ultimately with refusal. As part of this scheme to not comply, the plaintiffs have undertaken a massive campaign of filing every conceivable motion (and some inconceivable) to disguise the true issue in these pretrial proceedings. Apparently viewing litigation as war, plaintiffs by this tactic have had the effect of massively increasing the costs to the other parties, and, for a while,

to the Court. The appointment of the Special Master 4 years ago has considerably relieved the burden to this Court. The scope of plaintiff's efforts have to be seen to be believed. (See, Exhibit "A",

photo of clerk with filings, and Exhibit "B", copy of clerk's docket with 82 pages and 1,757 filings.)

Yet, it is almost all puffery -- motions without merit or substance.

-- Declaration of Hon. James M. Ideman
17 October 1994

++++++++++++++++++++++++++++++++++++++++++++++++++

Most of the prolix memorandum and almost 1,000 pages of accompanying exhibits and supplements have nothing to do with anything at issue in these consolidated cases. Instead, the papers recite every grievance allegedly suffered by Scientology at the hands of others for the past forty years. Plaintiffs have assembled this hodge-podge of grievances

into a conspiracy theory, in which each and every grievance is alleged

to somehow connect to this litigation. The ultimate aim is to convince the court that the counterclaims were dismissed because conspirators sabotaged this case, not because plaintiffs failed to comply with court-ordered discovery.

-- James G. Koltz, U.S. Special Master
23 July 1992

++++++++++++ SACRED CULT SCRIPTURE +++++++++++++

Don't ever tamely submit to an investigation of us. Make it rough, rough on attackers all the way.

-- L. Ron Hubbard
HCOPL 25 Feb 1966

++++++++++++++++++++++++++++++++++++++++++++++