>Where I think Graham could have best used help was in
>proofreading and editing this series of letters, but it would
>appear that we (the general a.r.s. readership, at least) are
>too late for that. These letters are extremely disorganized,
>and seem to mix elements of the judicial record, corroborated
>reports, and suppositions in a fairly arbitrary manner. Graham
>and whoever he has for editorial backup need to put themselves
>in the position of a jurist whose knowledge of the "Church" of
>Scientology can be encapsulated in the phrase "litigious whackos",
>as opposed to "criminal cult".
Earlier this evening I emailed you an incorrect and incomplete version of this document. The attached correct version had been misnamed. I apologize.
I beg your indulgence and again ask that you read the attached letter and respond as requested. Several faxes have been set to the Judge already.
You may also wish to fax District Attorney Steve Cooley at (213) 974 3512 , LAPD Chief Bernard Parks at (213) 485 3202 and LA County Sheriff Leroy Baca at (213) 894 0141.
Graham E. Berry
Sponsored by Xenu
Be all that you once were!
GRAHAM E. BERRY
3384 McLaughlin Avenue
Los Angeles, CA 90066
Phone: (310) 745-3771
Fax: (310) 745-3772
March 30, 2001
To My Friends, Colleagues And Acquaintances:
I urgently need your help, so urgently that I regrettably cannot physically write to each of individually, and for this I wish to offer my most sincere apologies. As you are aware for the past ten years I have been involved in litigation against the Church of Scientology. I have represented plaintiffs, defendants and me. In the process Scientology, principally through certain of its lawyers, has intentionally set about depriving me of my career, condominium, car, civil and legal rights. Some of what these lawyers and their "investigators" did is summarized on pages 8 through 32 of the attached/appended or enclosed letter to:
Honorable Michael D. Marcus
State Bar Court
1149 South Hill Street
Los Angeles, CA 90015
(213) 756 1400
Fax: (213) 765 1443
RE: Graham E. Berry, State Bar No.128503
Early Neutral Evaluation Conference: April 3, 2001, at 2 pm.
As you will see on pages 21 through 26 of this letter the year 1999, was an absolutely horrible one for me, although I did successfully become a recovering alcoholic! Robert Cipriano has testified that Scientology lawyer, Rick Moxon, was having improper communications with my two former partners. Subsequently, one of them testified on behalf of Hurtado and then, expressly in association with Wager, he complained to the State Bar that he did not know, but thought it possible, that I may have stolen money from a client.
Since 1999, attorneys Wager and Gerner have been repeatedly pressuring the State Bar to disbar me because of the Hurtado, Hurtado/Cipriano, and the Pattinson cases. As you will read in the letter to Judge Marcus, Wager (Moxon, Ingram, et. al.) solicited, manufactured and paid for false testimony in Hurtado. Wager confessed this under oath. The District Attorney has failed to even acknowledge receiving the damning document. An aide to former Los Angeles DA Garcetti stated that the DA would not touch the Cipriano, Hurtado and Apodaca matters for "political reasons". Until recently, the Chairman of the Los Angeles Police Commission was a Church of Scientology lawyer (Gerald Chaleff). The Church of Scientology’s Intelligence ("CIA like") service: The Office of Special Affairs of the Church of Scientology ("OSA") uses scientologist founded and dominated Earthlink for certain of its electronic communications. Perhaps therefore it is unremarkable that if one does a web search using the most likely web address for the Los Angeles Police Department (www.lapd.org) one is instead sent to an site run not by the LAPD, but one run by "supporters" through Earthlink! (It was LAPD Scientology Chaplain Barton who, with Scientology [and former LAPD Officer] "Investigator," Edwin Richardson, assaulted and arrested Keith Henson. Richardson’s sidekick, Frank Petty, is also an ex-LAPD Officer as is Moxon & Kobrin’s "Chief Investigator" Ingram.)
It was then LAPD Police Commission Chairman, Chaleff, who the Church of Scientology used to convince Judge Williams (whose fiancée works for Scientology/OSA) to have me declared a vexatious litigant for having sued Cipriano, Barton, Miscavige and Ingram, and for being about to add Moxon and Abelson as defendants. Moxon, Rosen, Reeves and Lieberman then used this ruling, and other frauds upon the court, to convince Judges Snyder and Minning that the Michael Pattinson v. Church of Scientology case was factually and legally baseless as against Moxon and the Church of Spiritual Technology. Consequently, the State Bar is seeking my "actual suspension" from legal practice for filing the Berry v. Cipriano and the two Pattison v. Church of Scientology, Church of Spiritual Technology and the Moxon cases. The specific charge is "maintaining an unjust action".
Scientology and certain of its lawyers engaged in the most serious and outrageous of criminal conduct against me in connection with and during the Cipriano, Barton, Miscavige, Moxon and the Pattinson cases. They "overwhelmed" me into dismissal, obtained prevailing party costs and sanctions, levied on my bank accounts and forced me into a "no asset" bankruptcy where they continue to ceaselessly pursue me. Over half of the State Bar’s case to "actually suspend" me from legal practice is on the basis of my failure to pay these costs/sanctions to Moxon, Rev. Barton and OSA (scientology). This is called "failure to obey an order." (When there is a bit more time, I shall be happy to write and/or speak with you about the details of these goings-on, if the various attachments do not sufficiently clarify the issues for you!)
It took Wager and Gerner (assisted by my former partner Stephen Lewis) two years to convince the State Bar to act upon these allegations. That has just occurred. Recently, the State Bar file was "re-assigned" t o Terri Goldade, Esq. She has written Judge Marcus that "the State Bar believes that Mr. Berry should receive actual suspension. Your recommendation as to length of that suspension would be appreciated". With reference to their complaint, the State Bar (and no doubt Wager and Gerner) managed to get show the date of my admission to California Bar to be inconsistent with the State Bar’s own records show.
Ms. Goldade is adamant that the State Bar must act against me immediately and cannot wait until the Judge returns from vacation in three weeks. That would be after the Riverside County District Attorney’s prosecution of Keith Henson for misdemeanor terrorism - causing a "sustained state of terror" among 750 of the most dedicated scientologists when he carries a anti-scientology picket sign within the vision of scientology staff members. This is an interesting contention since numerous scientologists follow and harass Mr. Henson exhibiting no fear whatsoever!
There are numerous (published) sordid tales of extortion into silence, corruption, injustice and other travesties involving the scientology enterprise and the courts. It has to stop! Not because of what has been done to me, but because of what has been done by certain Church of Scientology lawyers to pervert the justice system. Instead of practicing the Rules of Professional Conduct for Lawyers, they apply Scientology’s "Fair Game" and "ethics". The purpose is to both punish the specific attorney opponent and discourage other lawyers from agreeing to represent those in litigation against scientology. Thus they intentionally shrink the pool of counsel available to represent and assist those who scientology decides to "use the law to harass" and to "utterly destroy by whatever means possible."
THE TIME TO ACT IS NOW!
I urgently need your help in my fight to stop this corruption, abuse and malicious damage to our legal and judicial system. I ask:
(1) That you read the two emails that accompany this letter and which are addressed to Honorable Michael D. Marcus and Palmer Brown Madden, Esq. the President of the California State Bar and which are copied to members of the Board of Governors and Staff of the California State Bar. If you agree with me, please immediately email or fax those two officials and as many of the other ccs as possible, and state that you support and join with my request that the State Bar "open a wide-ranging public investigation into these and related matters involving other litigants and individuals who have been harmed by the lawyers included on the list of "Real Parties In Interest" at the top of this letter: including Moxon, Kobrin, Paquette, Abelson, Rosen, Chaleff, Wager, Gerner and Byrnes.
(2) In addition, it would assist me in defending against "actual suspension" of my law license for the conduct described above, if I had an "extraordinary demonstration of good character of the member attested to by a wide range of references in the legal and general communities and who are aware of the full extent of the member’s [alleged] misconduct." Consequently, if you are of the opinion that I remain of "good character" would you please take the time to immediately fax Judge Marcus (copy to me) at the above address and tell him of your opinion in that regard.
My decision to seek your help at this particular time was motivated by Scientology’s attacks on my friend Jane Scott. She is a former scientologist. Her scientologist ex husband purchased over $1M of Church of Scientology "courses", "services" and "processing" during their marriage. Scientology destroyed her marriage and family. She has saved me from the streets and is assisting me with food, shelter and a place to work. She is a witness to some of the wrongful and illegal conduct I describe in my letter to Judge Marcus. Moxon & Kobrin’s "chief investigator" Ingram is now calling Jane’s friends in Nevada and northern California. The purpose is to cause her to "disconnect" from me, be "shuddered into silence" and not provide testimony as to what she knows. Among other things, this is witness tampering and extortion which are serious crimes. The evidence is beyond reasonable doubt. However, assisted by lawyers such as Moxon, Kobrin, Paquette, Rosen, Abelson and others, the harassment arrogantly continues with apparent and presumed impunity from prosecution. Yesterday, we received a letter from a brave friend of Jane’s. I enclose a transcription for your own evaluation.
The misuse use of the "vexatious litigant" statute by the Church of Scientology the commission of crime and fraud through and upon the courts, the death and destruction of innocent victims of the church, with the co-operation of public officials and police departments has to be stopped. Only last month, a Florida judge condemned the Clearwater, Fl. police department for becoming a ". . .scientology paid enforcement operation" against the church’s critics such as the Lisa McPherson Trust. Indeed, I urge you to review the various documents at www.lisatrust.net , www.xenu.net and www.lermanet.com .
I hope that you agree, and assist, with my call for a comprehensive California State Bar Investigation of these matters and attorneys Kendrick Moxon, Helena Kobrin, Ava Paquette, Elliott Abelson, Samuel Rosen, Barbara Reeves, Michael Turrill, Gerald Chaleff, Donald Wager, Michael Gerner, Thomas Byrnes and Jerry Bregman. I also hope that you write the bar immediately as to my continuing "good character."
Thank you for taking the time to read this as well as the enclosures/attachments.
Graham E. Berry