Events today in LA did not go entirely the way the cult wished.
Benwog was there with XenuTV and is going to post as well. I hope this report compliments his posting. I certainly have no intent to steal any of his thunder.
Graham got to the court at 8am. Rosen was the first to arrive. He was looking very worn and pale.
Subsequently the rest arrived, including Rinder who looked positively ill. Graham asked him quietly "Why don't you turn states evidence?" Rinder just looked glum and made no response. Rinder also seemed to be keeping his distance from Moxon and Parken.
For the lawyers was Gerald Chaliff, who is also Chairman of the Police Commission and the only one to whom reports about terrorist activities have to be made by the police, David Chodos (the lawyer for Barton who got the TRO against Henson) who seemed the usual gentleman, but was extremely uncomfortable at what was going on. Garry Soter, Cipriano's former attorney (paid for by Moxon) appeared by telephone and then disappeared, not wanting to be heard on the vexatious litigator motion.
Also present was Lynn Shape, OSA and Mike Turrill from Paul Hastings who continues to be the naive lap dog unaware of the sharks among whom he is swimming. He was acting as if the attorneys with whom he works are not behaving like thugs.
Curiously, after Judge Williams' outburst about Graham being a few minutes late last Monday, he didn't start the hearing today until 9:45. It was evident from the start, that this was going be a lynching by a kangaroo court. The vexatious litigator motion was argued by Chaliff, Moxon, Rosen, and Chodos. Four to one. To be consider a vexatious litigator, according to the statute, the complaint must be considered frivolous. If the complaint was frivolous, why was so much high priced legal help assembled?
Graham pointed out that Moxon was joined by a criminal defense lawyer G. Chaliff from which the court might draw an inference. Chaliff was adamant that the record indicated that Graham had to be stopped. Judge Williams denied sanctions of $4200 requested by other cult lawyers after conceding that he was unaware that Graham had given proper notice to the court and all the parties for the Monday ex parte motion.
(A transcript has been ordered and the full record will be posted next week on Graham's new scientology litigation or personal web site
Chodos said that he did not believe that a lawyer would ever act as Graham had filing this lawsuit. Which, since Graham followed him, gave the perfect opening to lead right into the Cipriano declaration where Graham stated he did not believe that lawyers would commit blackmail and bribery to obtain a perjured declaration, publish it, and then when sued, solicit the representation of the perjurer and continue the perjury.
Graham took Judge Williams through the Cipriano declaration and exhibits with Moxon's finger prints all over it, leases, car rentals, checks, and all. Moxon did not deny the evidence, just claimed it was inaccurate. About 3/4 of the way through, Judge Williams asked what relevance the Cipriano declaration had with Graham being a vexatious litigator (with his jaw audibly hitting the floor) Graham told him everything! The essence of the vexatious litigator statute is that the case be frivolous and that not only was the defense presenting falsehoods which led to the case, the falsehoods had been procured by blackmail and bribery. Their conduct was perjurious and that the proceedings had been tainted, polluted through out by the criminal conduct of the parties and their counsel. The Judge said to Graham it is not what you did but how you did it--as if the impudence and impertinence of fighting the criminal cult constitutes vexatiousness
One thing Graham did ask for and had granted was a request to add the self-defense and justification defense recognized in the CoS vs Armstrong decision to the record. The Armstrong appeal said that Armstrong was justified in taking documents from CoS in order to defend himself. Impertinence and less than fully civil behavior seems justified under the circumstances
Graham told the court that he felt like the character in Darkness at Noon, having fallen down the rabbit hole like Alice where the law had been stood on hits head, just as the WSJ had described Mr. Rosen's result in the Henson case.
There was concern that Graham might file another case next week. The clam lawyers wanted a minute order immediately declaring Graham a vexatious litigator. They got it. Judge Williams had the cult lawyers draft it, and had everyone come back after lunch so he could sign it in front of them. Graham advised the court that he would be filing an abuse of process claim against Moxon, Eugene Ingram, and Hurtado next week.
The cult's lawyers swooned in disbelief that Graham would do such a thing as filing new lawsuits to sue for abuse of process. Abuse of process involves the use of lawful process either in an unlawful manor or for an unlawful end. The Cipriano declaration demonstrates that they have been involve in the most egregious abuse of process imaginable
An obviously sensitive Judge Williams said that he was not concerned about what the press might say about him, he had been in trouble before, and had survived reelection. He did not have to face the voters again (because he will retire) He said he is now in his "federal term" and can behave like a federal judge.
Williams denied Graham's motion for an excess page brief as permitted by the Judge in dept 45, and for an order to hold Moxon in criminal and civil contempt and to impose sanctions for his conduct in connection with the Cipriano declaration.
He was not going to tell Graham how to practice law but could bring the motion if he wanted to.
Graham told the court that even though it had indicated that it would not find Moxon in criminal contempt, for the conduct described in the Cipriano declaration, he was going to file the motion anyway. Judge Williams was not amused.
Ironically, the Williams praised Graham as being erudite, polite, and an excellent lawyer, who crafted compelling arguments, and who could be quite poetic. I.e, if Graham would just behave and not upset the cult, things would be alright.
Judge Williams expressed his disgust that court matters were being posted on the net, he made the representation that he had never surfed the net for anything to do with these matters. (Hi Judge.)
The cult lawyers expressed their outrage that court documents would wind up on the net. Rosen wanted the Cipriano declaration sealed because of what it said about himself, Barbara Reeves and Mike Turrill. Soter wanted par 4 struck because of the reference to him and his law firm. They failed. Williams has his problems, but he is not such a fool as to try to sweep back the internet sea.
Judge Williams did not recognize Cipriano at all, saying he was no longer a part of the litigation. Though oddly he did accept Cipriano's joinder in opposition to the motion to declare Berry a vexatious litigator. This leaves it open for Graham to represent Cipriano, though the service of other lawyers are being sought.
The whole thing is stranger than fiction. As Graham told the court we have lawyer lawlessness exceeding anything in a John Grisham novel.
In all the truth, Graham is not devastated to be declared by the scientology cult to be a vexatious litigator. (It is a fact that he had vexed the hell out of them. :-) ) He is not much bothered by the fact that he now has to file a copy of the Williams order at the top of every case he files. Graham thinks this might make a good way bring up the character of the cult and perhaps will even add to the banter he can have in other court rooms with other Judges about what the respected Judge Williams has done on behalf of the cult of scientology.
The cult's lawyers appear to be horrified that Cipriano should have the courage to stand beside Graham in the courtroom and confirm what had happened. They were boggled that he could look them in the eye and unflinching stand up to them.
Moxon whined to Cipriano outside the court room, "Why are you doing this to me?" "Is Berry representing you?" and when Cipriano said "No, no one is representing me," Moxon whined again, "Then why are you doing this to *me*?" (Next time, Robert, the answer is "Because you are scum.")
On the way out, Rosen and Moxon said to Graham, "You still don't get it, do you." Graham responded to Rosen, Rinder, and Lynn Shape "This is merely round one."
Also on the way out, it looked like Rinder tired to trip Cipriano as he walked through the door.
Rinder broke away from the rest the moment Graham came out of the courthouse and went rapidly down Hill St., smoking and walking alone in the direction of the criminal courts building....
The soap opera continues next week. Near as this scribe understands it, there is a motion to be filed for Moxon to be held in contempt; on Wed. Dept 45 is hearing the CTS SLAPP suit to dismiss Pattinson, and the CTS demure. Graham will be filing an abuse of process mentioned in the body above. Further he intends a motion to hold Moxon in contempt and to sanction him in the Pattinson case and to terminate the Pattinson case in Pattinson favor due to Moxon's criminal activities directed against Graham during the pendency of the Pattinson case. Among other things, what Moxon did constitutes obstruction of justice in the Pattinson case. It is also probable that on Wed. Dept 45 will order Miscavige's deposition to be taken by Graham. (The scribe bets 'ol Davie will leave the country first.)
Clearly the cult is worried and on the run regardless of what they accomplished today and the grim looks on their faces all through today confirmed that. There was no jubilee at all on their part.
And every dollar they spend on Graham undermines their tax exemption.