On Sat, 13 Oct 2001 10:59:49 -0400, Mike Krotz <M_K@fornikulture.com>
>There is something terribly wrong with a court system that allows the
>continuous abuses that Moxon and the cult are able to pull off. What is
>this about missing or altered records in one of your cases Keith? It
>sounds and smells like the cult has gained an unusual and undue amount of
>control of the courts in CA, much like here in FL.
Barb also posted in reply to Graham letter: >What are you referring to regarding ALTERED COURT DOCUMENTS? They
>actually are rewriting these things after they're filed? Man, if this is true,
>it's time for the Feds to do their goddamn JOB and investigate this crap!
Thursday I relieved the Clerk's transcript for the appeal in the Hemet case. I had already received and posted the trial transcript which did not cover all the motions in court. (The trail transcript is on the free henson web site) I thought that it was a little odd the motions part of the of the transcript was missing til I got the clerk's transcript. Now I know. You can find the following two postings on Google: On Thus, 19 Apr 2001 16:00:49 GMT. In Message-ID: <firstname.lastname@example.org> From: email@example.com (Hefter).
Wrote on the subject: HENSON REPORT - 18th April 2001 - Report from the Hemet front: snip >After the serious defeat Tuesday where we lost an attempt to get
>Frank Oliver in as an expert witness and his qualifications made
>part of the court's record, Jim and I had a strategy session.
>We wanted this stuff in as part of the appeal record (should
>things go that badly)
(You can see right here how important we thought it was to preserve Frank Oliver's material for the appeal record and if you read the full postings how much further--up to filing it as part of a writ--we would have gone to get it in.) > and it seemed a really good idea to educate
>the judge about some of the nasty non-religious aspects of the cult.
>We could have done the record preserving with a less complicated
>mechanism called an offer of proof. But instead, we made it into a
>motion to reconsider with a declaration from Frank about having been
>in the court during the Clearwater 13 trial and heard one of their
>security people define me (and the rest of us) as "enemy" and
>"suppressive persons" and attached Franks qualifications to the
>motion as an exhibit.
(This goes on to say the motion, declaration, and exhibit were only "received" by the clerk and not "filed" when we turned it in.) From: Heffer (firstname.lastname@example.org)
Subject: HENSON REPORT - 19th April 2001 - Gonzo reporting from the
Hemet front View: Complete Thread (18 articles) | Original Format Date: 2001-04-20 10:01:01 PST
>The morning started off with a big win.
>Judge Wallerstein took up the motion we filed yesterday,
>and ruled against us again, taking only a few minutes.
>Afterwards, Jim asked him if the motion had been filed
>with the court, and, after a short interchange with his
>clerk, it was determined right there on the record that
>the motion and exhibit were filed. Suppressives everywhere
>were dancing a jig. Frank Oliver (not being needed) took
>off to the airport, and I believe he made a flight back to
>Florida this afternoon.
snip According to my recollection, that of Jim Harr, and my report at the time, the motion for reconsideration, Frank Oliver's declaration and his exhibit with all the GO/OSA documents in it should have been in the appeal record. Indeed, they were the major grounds for the appeal since all evidence of TR lying, and scientology policies such as fair game and paying witnesses $1000 for false testimony were suppressed in the trail by motions in limine. I knew that scientology steals things out of the court records (so many exhibits were stolen out of the Wollersheim files that the court sealed what was left) and that false records had been filed in this court when the DA and scientology tried to get me arrested for failure to appear back on Sept. 15 of 2000. So I was not overly surprised to find the motion, the declaration, and the exhibit were all missing from the appeal record when it came in the mail. This means I can't cite fair game, policies on lying, or scientology's policy of paying for false testimony in the appeal because (according to the lower court's official written records) they are not part of the record. Not only that, but the transcript of where Jim asked the judge after he ruled if these were now part of the record, DDA Schwarz's objection to it being made part of the record and the judge telling Robert Schwarz that he had ruled on it, it was part of the record and it could not be taken out was not provided (by now it may not exist). Also, the minute orders of the day (April 19) do not mention the judge ruling on the motion to reconsider. So there was a concerted effort to take out all references to the motion, Frank Oliver declaration and his exhibit as DDA Schwarz and the cult insisted. This is in spite of the judge specifically making them part of the record. Graham said this manipulation of court documents was a new record even for scientology cases and two other lawyers I spoke with were simply aghast at this blatant corruption of the judicial process. This is a long way from a harmless error since the motion and Frank's declaration about me being called a SP and enemy and his exhibits about fair game and OSA corrupting the legal process are critical to the appeal. Since at least three things were done, removing the material from the file, no minute order or altering the minute order, and not transcribing parts of the transcript, the chances of this being an innocent error are next to zero. I now have serious doubt about the utility of an appeal since the strongest grounds for appeal were excised from the trial record. I would also have to assume the *appeals court* is not compromised. Having had my nose rubbed in this altering of the record by the Hemet court, the previous filing of false records in the arraignment, not to mention Deputy Greer just lying to me, I am not sanguine about the appeals court in Riverside county--especially given the close relation the DA/DDA has with cult lawyers Elliott Abelson, Gerald Feffer and Alan E. Oberstein. Keith Henson PS, Suggestion would be welcome, but don't suggest I call the FBI, do it yourself.