GRAHAM E. BERRY
3384 McLaughlin Avenue
Los Angeles, CA 90066
Phone: (310) 745-3771
Fax: (310) 745-3772
October 12, 2001
Terrie Goldade, Esq.
Agustin Hernandez, Esq.
Deputy Trial Counsel
The State Bar of California
Office of the Chief Trial Counsel Enforcement
1149 South Hill Street
Los Angeles, CA 90015-2299
Re: Case No. 99-0-12791, Complainants: Michael Gerner, Esq., and Donald Wager, Esq.
[Real Parties In Interest: Church of Scientology International Office of Special Affairs; Kendrick L. Moxon, Esq.; Helena Kobrin, Esq.; Ava Paquette, Esq.; Elliot Abelson, Esq.; Samuel D. Rosen, Esq.; Donald Wager, Esq.; Thomas Byrnes, Esq.; Eugene Ingram]
Dear Ms. Goldade and Mr. Hernandez:
I am in receipt of your October 12,2001 letter directing me to leave two redwelds of original documents with you for overnight copying. That is not what my October 11,2001 letter proposed and it is not acceptable. I am not prepared to leave original documents with you for the reasons, in summary, set forth below.
The California Civil Discovery Statute (Code of Civil Procedure Sections 2016-2036) applies to California State Bar proceedings. State Bar Rules of Procedure, Rule 180. C.C.P.2031 (a) (1) only requires me to produce these two redwelds for inspection and copying. It does not require me to either let them out of my sight or to leave them with you. In the ordinary case, and probably in the ordinary State Bar disciplinary matter that is not an issue.
This is no ordinary case.
This is no ordinary State Bar proceeding.
This State Bar matter is not proceeding in the ordinary manner. Even the trial judge herein is not proceeding in the normal manner (see my filings such as: Combined Opposition to Eight motions to quash; Motion for Reconsideration: Motion to Continue Trial, etc.). All of these matters are being presented to Federal authorities in Washington, DC and to authorities elsewhere. After my Part Two Responses to Interrogatories are served then those and other documents are also being provided to the local and national legal media, and to other media. I believe that is my right, having waived confidentiality herein because, in the words of Justice Holmes," sunlight is the best disinfectant."
My reasons for refusing to permit the State Bar to have custody of
original documents (without existing copy) are, in summary, as follows:
1. The unholy alliance herein between the California State Bar and the criminally convicted Church of Scientology is self-evident and has been the subject of prior comment by me. The new and recent information that this matter is being controlled by the senior "hierarchy" of the State Bar merely aggravates what is already known and apparent.
2. The Church of Scientology has a long record of rewriting history by removing what it calls "entheta" [negative information] from wherever it exists. The Church calls this "culling entheta." Various witnesses have testified to both this church scripture and to engaging in this on behalf of the Church of Scientology. As a result, pages are torn from public library books, public library books are stolen, court records are removed, government records are stolen.
3. California State Bar member Kendrick L.Moxon Esq.,now practicing pro hac vice in Clearwater, Florida, was stipulated to be an unindicted co-conspirator in the largest ever-known criminal infiltration and theft of documents from the United States Government. This was the Church of Scientology's Operation Snow White. It still existed in 1989 when Elaine Siegel sent a communication as it's Officer in Charge. The Church's claim was that it only stole a few million pages of Xerox paper containing information that was it's exclusively and should not have, in the Church's opinion, been within thirteen different government departments from which they stole it! It
should have been in the "Red Boxes" where Church policy requires the storage of documents criminally implicating the Church, it's lawyers and investigators!
4. California lawyer Kendrick L.Moxon Esq., stipulated to be an unindicted criminal co-conspirator for his part in the forgery and provision of criminally altered documents to the FBI He is now engaged in pro hac vice representation in Florida where a "motion for severe sanctions" is being/has been filed against him. You may enquire further of Ken Dandar Esq., (813) 289 3858 and John Merrett Esq.,(904) 388 8891.
5. Many of the court's records in Wollersheim v. Church of Scientology have simply "disappeared" from the court files. You can enquire further of Mr.Wollersheim's lawyer Daniel A. Liepold Esq.,(714) 796 1555. It is in connection with that case that there has been testimony that California lawyer Kendrick L. Moxon, Esq. was involved in the drowning of trial Judge Swearinger's collie dog "Duke."
6. There is testimony that California State Bar member Kendrick L.Moxon, Esq. recruited a Church of Scientology covert intelligence operative to infiltrate an opposing counsel's law office (not mine) and to steal certain of his files. That occurred. You can enquire further of A.Ford Greene, Esq. (415) 258 0360. The same operative has testified that he was also hired by California Sate Bar members Timothy Bowles, Esq., Kendrick L.Moxon, Esq., and California licensed investigator Eugene Ingram, to murder both that San Francisco lawyer and a Chicago, Ill. woman and her daughter. Acts in furtherance of those instructions were taken. After the testimony was given, an eminent Los Angeles lawyer was extorted by California State Bar member Elliot J. Abelson, Esq., the relevant documents were removed from the client's files, and the client's representation was compromised so that the court records could be sealed over the client's objections. The State Bar has already chosen to expressly ignore these matters and the evidence relating thereto.
7. A letter I sent to a Church of Scientology lawyer was fraudulently
tampered with and then filed in Berry v. Cipriano, Barton, Miscavige (Moxon, Abelson) by California State Bar member Kendrick L. Moxon, Esq. One of my then counsel, Christian J.Scali, Esq., prepared a motion for terminating, evidentiary and monetary sanctions. It was twice filed and twice disappeared from the L.A.Superior Court files. California State Bar member Kendrick L. Moxon, Esq. then manipulated the involuntary dismissal of one of his numerous clients in the case, by engaging in overwhelming discovery and successfully alleging that he was not satisfied with the responses.
8. Subsequently, official records of the Swedish Parliament and Swedish Government, including documents filed by me in the Church of Scientology v. Fishman-Geertz case, were stolen. That was after The Church of Scientology, through former Gambino mafia family counsel Elliot J. Abelson, Esq. and Scientology/Moxon "Investigator" Eugene Ingram, extorted and blackmailed an eminent downtown Los Angeles lawyer to sell out his client and participate in the criminal cover up, that also involves these State Bar proceedings against myself. At the same time, Scientology blocked access to those court records. The Washington Post newspaper circumvented the obstruction by paying to have the Fishman-Geertz court files copied over-night. The Church of Scientology sued the Washington Post in connection with the portions of the Church of Scientology v. Fishman-Geertz files it published. The Church interfered with the Washington Posts request that I assist in its defense. Subsequently, the Post won on summary judgment and the Church of Scientology was ordered to pay its legal fees. I am not aware of any more Church of Scientology defamation lawsuits following Church of Scientology v. Fishman & Geertz. Defamation lawsuits used to be the Church's standard weapon for suppressing media reports of the Church of Scientology enterprise. Indeed, at one point, the Church of Scientology had filed so many defamation lawsuits that it had lost count!
9. Several weeks ago approx. 18 boxes of Scientology related documents were stolen from the Northern California home of cult expert and regular "mind control" expert witness Margaret Singer, Ph.D. This is only one example of a number of similar incidents where all that was removed were Church of Scientology litigation related documents.
10. Yesterday, I learned that certain of my trial exhibits herein that Judge Brott ordered removed from the State Bar Court files had also "disappeared" from the appellate record in People v. Henson, Superior Court for the County of Riverside, Case No. Hem 014371.A copy of the communication from Mr. Henson is attached. You can enquire further of Henson's lawyer James J.Harr, Esq. (909) 925 5024.This case has it's own history of corruption. California Sate Bar member Elliot J. Abelson, Esq. has been closely involved in the case. So has Samuel D. Rosen, Esq. of the New York office of Paul, Hastings, Janofsky & Walker and Gerald Feffer, Esq. of the white-collar criminal defense firm of Williams & Connelly in Washington, DC. In addition, it is alleged that the trial court's minute orders had been changed to delete all references to the document being part of the trial and appellate record. A court transcript change also occurred in Berry v. Cipriano, Barton, Miscavige (Abelson/Moxon). In the Berry cases, part of the proceedings herein, there was also testimony from a former Paul, Hastings, Janofsky & Walker employee that certain down-town Los Angeles office lawyers were paying $300.00 for court filed documents to be filed bearing a previous day's date!
11. The commercial operations of the Church of Scientology are partially routed through corporations that belong to the World Institute of Scientology Enterprises (W.I.S.E.). Although the IRS ordered the Church to disband W. I. S. E. in 1993 that has not happened. Members of W. I. S. E. pay approx. 10% of their gross income as technology license fees. These monies are ultimately deposited in the Church's Central Reserves.W.I.S.E. is part of the Church of Scientology's governing "Watch Dog Committee." The Church of Scientology, through Church of Spiritual Technology (CST) and Religious Technology Center (RTC), has the ability to control the operations of W. I. S. E. companies. One such W. I. S. E. Company is the large national court reporting company of Atkinson-Baker. See generally: Atkinson-Baker & Associates, Inc. v. James G. Kolts (9th.Cir.1993) 7 F.3d 1452; Church of Spiritual Technology v. United States (1992) 26 Cl.Ct. 713.The possibilities for transcript "modification" are obvious.
I trust that this letter adequately explains why I will not allow original and uncopied documents to leave my custody and control and why we must proceed in connection with such documents in strict accord with C.C.P.? 2031 (a) (1). Accordingly, please arrange for the copying to be done while I meet with you Monday afternoon. If this is not acceptable, I await your alternate proposal.
Very truly yours,
Graham E. Berry
Cc: Gus Hernandez, Esq.
Graham E. Berry
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