((My comments in double parentheses - Homer))
                       DAVID MISCAVIGE AFFIDAVIT
                                CD - 27
                            15 January 1995
                   Copyright (C) 1994 David Miscavige
       Redistribution rights granted for non commercial purposes.
William T. Drescher
23679 Calabasas Road, Suite 338
Calabasas, California 91302
(818) 591-0039
Michael Lee Hertzberg
740 Broadway
New York, New York 10003
(212) 982-9870
Attorneys for Non-Party
INTERNATIONAL, a California Non-
Profit Religious Organization,
vs .
CASE NO. CV 91-6426 HLH(Tx)
     I, DAVID MISCAVIGE, declare and say:
     1.  I am over 18 years of age and a resident of the State of
California.  I have personal knowledge of the matters set forth in this
declaration and, if called upon as a witness I could and would
competently testify thereto.
     2.  I am not a party in the above-referenced case.  nor am I
affiliated in any corporate capacity with the plaintiff, Church of
Scientology International ("CSI").  I make this declaration for several
reasons.  First, until January 4, 1994, the date on which I was informed
that my deposition had been ordered in this case by Magistrate Judge
Tassopulos, I had no idea that I would be required to testify in this
case.  I was never served with any subpoena for such testimony, I have
never had any contact whatsoever with either defendant, and I had
nothing whatsoever to do with this case until now.  In fact, it was not
until January 6, 1994, after my deposition had been ordered, that I
first read the outrageous papers filed by Geertz's counsel when he
sought to have my deposition ordered.  Second, upon reading those
papers, I discovered that Geertz's counsel made arguments to the
Magistrate Judge that gave her the absolutely false impression that I
was evading service of subpoena.  It caused me great concern to learn
that the Magistrate Judge had asked, "Why has Mr.  Miscavige avoided
service?" I did no such thing, and were it not for the baseless
allegations which Geertz's counsel proffered, I believe the Magistrate
Judge would instead have asked Geertz's counsel, "Has Mr.  Miscavige
been served?" The truthful answer to that question is "No." Third, my
lawyers' efforts to arrange for my deposition to be taken have been
rebuffed by Geertz's counsel, who, at the same time, is threatening to
move for a contempt citation against me for not appearing at a
deposition he has refused to schedule.  It is inconceivable to me that
Geertz's counsel can seriously contend that I am to blame for a
deposition not going forward when he has refused to depose me.  Finally,
in the course of these proceedings, Geertz's Counsel, Robert Vaughn
Young and Stacy Young have made a number of allegations about me and
about the Scientology religion which require a response, so there can be
no doubt that those allegations are false.
     3.  I have read the vile declarations filed by Vaughn and Stacy
Young in this case.  It is clear to me that the false allegations they
have filed have been offered solely for the purpose of making me the
centerpiece of this litigation, and that their motivation is to forward
a litigation tactic of harassment to the point of a hoped-for default by
the only plaintiff to this action, CSI.  The foregoing is based on the
falsity of the claims they have made, my personal knowledge that both of
these individuals are not qualified to testify to the matters they have
addressed by declaration, and because I have seen the same litigation
tactics used before in instances where Vaughn Young would have learned
this "technique." Therefore, this declaration is submitted to
demonstrate that I have no knowledge of the defendants in this case, to
set the record straight concerning the false allegations of Vaughn and
Stacy Young, and to comply as fully with the court order concerning my
deposition as Geertz's counsel's actions permit, since Geertz's counsel
has declined all opportunities to do so.  I also submit this declaration
because I feel the Court has been poisoned into believing that I have
had some role in this litigation by the statements of the Youngs and
counsel for Geertz, to which I have neither responded nor even had the
opportunity to respond.
     4.  I have been a practicing member of the Scientology religion
since 1971.  In 1976, I joined staff of the Church of Scientology of
California (and the Sea Organization -- the Scientology religious
order).  During my tenure in this corporation, I held many positions.
In 1977, I had the opportunity to work directly with L.  Ron Hubbard in
many different capacities.  In 1978, Mr.  Hubbard was engaged in the
production of Scientology films which had the purpose of training
Scientology counselors (called "auditors") in the practice of
Scientology.  During this time I was the Chief Cameraman.  Later, I
worked directly with Mr.  Hubbard as a member of the Commodore's
Messenger Organization ("CMO"), which duties consisted of assisting Mr.
Hubbard in whatever activities he was engaged in.  The functions are
best described as an assistant.  Later, when Mr.  Hubbard went into
seclusion to continue his researches on Dianetics and Scientology, and
to engage in his own writings, I became part of a newly formed CMO
organization, CMO International.
     5.  CMO International's role was to see that the management of the
Church operated in accordance with Scientology policy and technology.
The title of my position was Action Chief.  In short, this post was
responsible for missionaire activities of the Church, where personnel
from the Mother Church would travel to different parts of the world to
see to the proper operation of various Church activities and to take
corrective action where necessary.  The types of missions I generally
supervised were those that saw to the correct functioning of the Church
management and the correction thereof.
     6.  From the beginning of 1982 until March of 1987, I was Chief
Executive Officer and later Chairman of the Board of Author Services,
Inc.  ("ASI"), a California corporation which managed the personal,
business, and literary affairs of L.  Ron Hubbard.  Later in this
declaration, I describe how I came to that position.
     7.  Since March of 1987, I have been Chairman of the Board of
Religious Technology Center ("RTC"), a California non-profit religious
corporation recognized as tax exempt under Section 501(c)(3) of the
Internal Revenue Code.  RTC is not part of Church management, nor is it
involved in the daily affairs of various Church of Scientology
organizations or missions.  RTC ensures that the trademarks of Dianetics
and Scientology, and the technology they represent, are properly used
around the world.  It exists to see that Dianetics and Scientology
technology is safeguarded, is in good hands, and is properly used.
     8.  RTC was formed with the specific purpose of seeing that the
religion of Scientology was kept pure and true to the source materials
of the religion.  In fact, a major reason for its formation was to have
such a Church organization that performed these functions in a capacity
entirely separate from the actual management of the various Churches and
Missions of Scientology.  Not only is RTC not involved in the management
of the international hierarchy of Scientology churches, but its very
existence and performance of its true functions depends on the fact that
it is NOT part of Church management.  The authority of the Religious
Technology Center stems from the ownership of the trademarks of
Dianetics and Scientology.  In brief, RTC's maintenance of these
trademarks is threefold:
     A) ensuring that when something is represented as Dianetics or
Scientology, that it actually is;
     B) seeing that any organization representing itself as Dianetics or
Scientology (and using those names), while actually being something
entirely different, is prevented from doing so; and
     C) seeing that anyone offering Scientology, but calling it
something else (a name other than Dianetics or Scientology) is prevented
from doing so.
     I could give various such examples where actions listed in B) and
C) have actually occurred, although it is not necessary here.  Suffice
it to say that when such has occurred, RTC has acted, with litigation
when necessary, and has been able to uphold the proper use of the marks
in every instance.
     9.  As Chairman of the Board, the most senior position in RTC, I am
uniquely interested in the standard application of the Scripture of
Scientology as detailed in Hubbard Communications Office Policy Letters
(HCO PLs) and Hubbard Communications Office Bulletins (HCOBs) and the
spoken words of Mr.  Hubbard on the subjects of Dianetics and
Scientology as recorded on audio tape, video, film and, in some cases,
written transcriptions of these materials.  I inspect and correct
departures from the standard application of the Scripture of the
religion.  I also ensure that any attempted perversion of the technology
of Dianetics and Scientology is rapidly dealt with, to keep the religion
pure so that all people may benefit from the application of Mr.
Hubbard's breakthroughs in the fields of the mind, the spirit and life.
     10.  In the course of my duties I travel widely.  I often appear at
Church events and briefings which serve to keep Scientologists around
the world aware of the widespread application of Mr.  Hubbard's
writings.  In all such appearances, my position as Chairman of the Board
of RTC is known, as is its distinction from actual Church management
officials of CSI.  I also oversee the affairs of the Religious
Technology Center in its function of verifying that the source writings
of the religion are kept pure.  This specifically includes the
verification that the materials representing themselves as being
Dianetics and Scientology are in fact that, and that they honestly
reflect the source writings of the religion by L.  Ron Hubbard.  I also
oversee RTC's function of assuring that the trademarks of Dianetics and
Scientology are legally registered and kept current in over 190
countries around the world.
     11.  Neither RTC nor I has any corporate authority over any
Scientology church, including CSI.  CSI is the Mother Church of the
Scientology religion and has been since its inception in 1981.  As such,
CSI is responsible for the activities commensurate with such a role,
including the ecclesiastical management of Churches, dissemination and
propagation of the faith and defense of its activities, including
external and legal affairs.  All of the foregoing facts were submitted
to and thoroughly reviewed by the Internal Revenue Service prior to the
recent recognition of the tax-exempt status of CSI, RTC and a host of
other Church corporations and entities.
     12.  Apparently Geertz's counsel made some attempts to serve me
with a deposition subpoena in Los Angeles in December of 1993, when I
was away from California on business in the United Kingdom and
Washington, D.C.  I keep a busy schedule that requires extensive travel
in the course of handling a wide range of ecclesiastical duties, and my
schedule has nothing to do with the presence or absence of process
servers.  In January, I was away on business in Clearwater, Florida and
Washington, D.C.  In Washington, I met with the head of Interpol,
Raymond Kendall, on one of the days that Geertz's counsel unilaterally
set for my deposition.  This meeting had been arranged for more than a
month and since this individual was traveling all the way from Interpol
headquarters in Europe, it was hardly something I could cancel.  During
that same week, and on another day arbitrarily set for my deposition, I
met with IRS officials in a similarly pre-arranged meeting.  In fact, I
was only home for approximately 25 days in all of 1993.  I was simply
not in the State of California during the entire time in which service
attempts on me were apparently being made.  I understand this fact was
made known to the Magistrate Judge in this case and later to the Court.
To this day, I have never received a subpoena in this case.
     13.  Any suggestion that I try to avoid giving testimony is just
false.  In May of 1992, I testified at a legal proceeding in Toronto,
Canada, although there was no legal means to compel my testimony.  I
testified for four full days in the summer of 1993 in Church of
Scientology International v.  Eli Lilly.  et al., a case pending in
federal court in Washington, D.C.  There are over 1100 pages of
deposition transcript that comprise that deposition, with very little in
the way of objections or colloquy.  I did so because I knew my testimony
was needed and relevant.  In 1990, I was deposed for two full days in
Bent Corydon v.  Church of Scientology International.  In that instance,
I was "rewarded" for appearing by having plaintiff's counsel serve me
with various subpoenas in other disrelated matters.  In both Lilly and
Corydon, the opposition first attempted to notice my deposition while
concurrently arguing that I would "refuse to appear."  In each instance
I was forced to refute such nonsense and in fact did appear.  To claim
that I evade service or avoid being deposed or otherwise avoid giving
testimony is nonsense on its face.
     14.  I want the Court to be aware that upon learning that my
deposition had been ordered by the Magistrate Judge on January 4, 1994
and upon reading the allegations that apparently led to that order,
which I first read on January 6, 1994, I consulted with my counsel in
this matter, who advised that I seek the Court's review of the
Magistrate Judge's order concerning my deposition.  At the same time, I
also instructed my counsel that in spite of the fact that I had no
knowledge of the issues raised in this case, and in spite of the lack of
any service of a subpoena on me, and in spite of the fact, as noted
above, I was to be out of town for much of January, counsel should try
to make arrangements for my deposition to be taken, should the Court not
reverse the Magistrate Judge's order.  Efforts to make such arrangements
commenced on January 10, 1994 and continued through February 4, 1994.  I
am informed that Geertz's counsel was not willing to discuss a mutually
acceptable date for my testimony, particularly at the end of that
period, when Geertz's counsel declined even to propose a date for my
deposition.  In the meantime, while refusing to depose me, he threatens
me with contempt for not having been deposed.  I am convinced that this
entire tactic of attempting to bring me into a case where my only
involvement stems from this pursuit of my testimony, is for the purpose
of harassment and to forward a litigation tactic of avoiding litigation
of the actual case by use of abusive and irrelevant discovery tactics.
     15.  As a result, I feel I should make whatever effort I can to set
the record straight on many of the false and inflammatory allegations
that have been injected into this case.  Therefore, I am using this
written declaration to inform the Court of what my testimony would have
been.  I also am making my testimony available, because of my great
concern that my name has been attacked in such a way that the Court has
made rulings regarding my appearance based entirely on falsehoods
presented by Geertz's counsel and Vaughn and Stacy Young.
     16.  I first heard the name Steven Fishman in the summer of 1990,
when it was brought to my attention that someone by that name had been
sentenced to prison for mail fraud and obstruction of justice and that
in the course of being sentenced, he had referred to me by name and it
had been alleged that illegal acts he had committed were as a result of
Fishman being "implanted" and caused pain by inserting BIC pens in his
penis and forcing him to smell human feces.  As I had never heard of
Fishman and because the allegations were such tabloid rot, I assumed
this was some new form of "insanity defense" and that Fishman had picked
my name out of the press or something.  I never thought about the matter
again, until 1991, when I read the 8 page cover story in Time Magazine
concerning CSI in the May 6, 1991 edition.  At no time, either before or
since I read their names in that magazine, have I met with, spoken to,
communicated with or otherwise had any contact or communication of any
kind with either Geertz or Fishman.  It was when I read that article
that I first heard the name Uwe Geertz.
     17.  Geertz has submitted copies of purported correspondence from
defendant Steven Fishman to Church members making reference to me as a
participant in Fishman's mail fraud crimes.  These references to me are
pure fiction.  Indeed, I have been informed that CSI has filed with the
Court an unrebutted declaration of a typewriter expert who concluded
that these letters could not have been created on the dates claimed by
     18.  Other than the falsified documents of a convicted felon, the
defendants have identified no other "evidence" that I even knew Fishman,
much less ordered or condoned crimes for which he was imprisoned.
Instead, Geertz has submitted two vicious declarations, from Vaughn and
Stacy Young, which attack and vilify me personally without reference to
any issue in this case.  Most significantly, neither of the Young's ever
suggests that they ever heard me or any other senior official in the
Scientology religion mention Steven Fishman or Uwe Geertz in their
presence.  At no time does either one even suggest that they know
anything that connects me to any issue in this case.  The reason they
have failed to do so is clear: they have no such evidence of my
involvement with Fishman or Geertz because no such evidence exists.
     19.  Exemplifying the unsupportable, irrelevant and malicious
nature of Vaughn Young's personal assault on me is his false and
repugnant insinuation that I was involved with the death of my mother-
in-law, Mary Florence Barnett.  Not only is there no evidence to support
this claim by Young, but there is clear evidence to the contrary.  With
the reports of the coroner and the medical examiner's investigator, and
with the deposition of the medical examiner taken by Geertz's counsel at
hand -- all to the unanimous, unequivocal conclusion that Ms.  Barnett
died from self-inflicted gunshots -- Young has the temerity to suggest
that I should be investigated to determine what he calls my role in that
tragic suicide.  With complete disdain for the facts and no regard
whatsoever for any sense of decency, Young has taken a personal tragedy
in my family's life, the suicide of my mother-in-law, and attempted to
make this an issue in this lawsuit by twisting it to imply non-existent
wrongdoing on my part.  I not only had nothing to do with this tragic
incident, but Vaughn Young's gratuitous embellishment that I ordered the
matter "hushed up" is equally false.  My only association with this
tragedy was to console my wife who was understandably emotionally
traumatized and grief stricken.  Vaughn Young's effort to exploit this
tragedy is malicious in and of itself, but his innuendo and attempts to
recast the incident, despite the uncontroverted evidence as to the true
cause of Ms.  Barnett's death, show the depths to which he is willing to
     20.  At this point, I have stated all I know of Steve Fishman and
Uwe Geertz and anything that could possibly be relevant to this case.
However, Vaughn and Stacy Young have taken it upon themselves to
introduce into this case their version of my history with the Church.  I
cannot understand the relevance of this under any circumstances, but
since counsel has now refused to take my deposition while concurrently
leveling threats, I feel I am forced to give a brief history of what
actually occurred to be in compliance with the Court's order if such is
considered relevant, and to show in proper context how Vaughn and Stacy
Young are simply incapable of competently testifying to events they have
"described" in their declarations.  
     21.  False allegations leveled against me in the context of
litigation or in the media are nothing new.  I raise this point only so
that the Court will understand that the sort of scurrilous personal
attack on me launched by Geertz's counsel and Vaughn Young is the latest
in a pattern of such attacks in litigation over the years.  I recognize
that it is not uncommon for leaders of organizations and movements to be
subjected to such attacks.  I can only assume that I am attacked because
I am visible as the ecclesiastical leader of the Scientology religion.
I note that I am the ecclesiastical leader of the religion, not the
Church.  The mischaracterization of my role made by the editors of
Premiere magazine in an editorial note cannot convert me from the leader
of the religion to the head of the Church.  Neither can the imprecise
use of language by Ted Koppel on ABC's Nightline Show.  Both of those
erroneous designations are examples of the media not understanding the
nature of what I do or the nature of my relationship to the Church.  In
the case of Premiere, the same article that contained the erroneous
statement by the editors, also contained a photo caption which I did
compose and which did correctly identify my position as "David
Miscavige, Chairman of the Board of Religious Technology Center, Holder
of the Trademarks of Dianetics and Scientology." On "Nightline," I was
sitting on live, nationwide TV, engaged in rebutting a set up video for
the show, containing 15 minutes of false and outrageous charges about
Scientology and did not deem it important to pause from correcting those
false charges so I could educate Mr.  Koppel on matters of corporate
     22.  My name has now been dragged through the mud in this
litigation, not only by means of a mean-spirited personal attack, but
also as part of what appears to be a tactic of hurling false and
irrelevant allegations against Church of Scientology International, the
Scientology religion and its Founder.  It is unfortunate that I am now
put in the position of defending my reputation and refuting lies about
my religion that have become part of the record in this case.  In that
regard, I must note that in reviewing the sordid and outrageous
allegations made about me by Geertz's counsel and Mr.  Young, I was
struck by their technique of using vague, innuendo-filled vignettes and
unsubstantiated rumors in an effort to sound authoritative.  I was also
struck by the way that their declarations attempt to portray normal
things as abnormal.  I can only submit that trying to make the usual
seem strange and trying to color events by innuendo are the tools by
which bigotry is crafted and prejudice is spread.
     23.  The personal attacks on me, as well as many other irrelevant
and malicious falsehoods that have been brought in this case, have
largely been introduced through declarations of Robert Vaughn Young and
Stacy Young and forwarded by Geertz's lawyer, Graham Berry.  The Youngs
left Scientology almost five years ago, have no personal knowledge of
the current activities of RTC, CSI, or any other part of Scientology
and, by their own admission, have no personal knowledge of the
defendants in this case.  Neither Vaughn nor Stacy Young ever worked
with me or even near me during the entire time I have been employed by
RTC.  They couldn't possibly testify to any of my activities as RTC's
Chairman of the Board since 1987 because they simply were in no position
even to observe such activities.  They are not experts on anything
relating to Scientology, but have apparently been hired to file
inflammatory declarations on non-issues in this suit.  The Youngs are,
however, generally aware of the fact that, through the years, attempts
to malign me personally and create a false picture of the Church with
sensational allegations have been the stock-in-trade of litigants
opposing the Church and the former Scientologists upon whom counsel rely
to swear to matters they do not know and to make false allegations for
which they have no basis.  I believe that the Youngs' awareness of that
litigation ploy explains their involvement in this case and defines the
role they are playing.
     24.  For example, part of Vaughn Young's attack is his complete
mischaracterization of my role in the dismantling and permanent
disbanding of the Guardian's Office ("GO").  The Guardian's Office and
the fallout that resulted from it is particularly significant as it is
the linchpin of a litigation tactic that has been employed for years
against me and the Church.  Vaughn Young is simply revisiting the same
path trod by others before, but as this has now been injected into the
case I feel it important to address this matter, even if necessarily
     25.  Young would have the Court believe that I was an opportunist,
using the jailing of Mary Sue Hubbard as a means of taking control of
the GO, while leaving its criminally tainted substance unchanged and
operating under a different name.  This is a complete perversion of the
true events, as set forth below.  I would not have expected Young to
know all of the details of how I directed the disbanding of the GO and
the permanent expulsion of its leaders and other wrongdoers, as he was
in a low level position in the GO at the time.  However, he knows that
when the staff of other Church units completely took over the GO offices
and put an end to it as an organization, literally hundreds of his
fellow GO staff members were dismissed, expelled from the religion, and
forever barred from ever holding any position in any Church organization
     26.  To understand the magnitude of this upheaval, a description of
the history, power and authority of the GO is vital.  The GO was
established in March of 1966 because legal and other external facing
matters were consuming the time and resources of Churches of
Scientology.  In particular, Church leaders were being distracted from
their primary functions of ministering to the spiritual needs of their
expanding religious communities and building their organizations.
During the 1970s the GO operated as an entirely autonomous organization
unchecked and unsupervised by the ecclesiastical management of the
Church.  The power of the GO was absolute.  Unless a member of the GO,
one could not even enter their locked offices.  They held all corporate
directorships.  They and they alone dealt with legal affairs of the
Church.  The GO operated in complete secrecy, and conducted its affairs
independently of the Church and its management and personnel.  Any
attempt to find out their affairs, by Church ecclesiastical staff or any
Scientologist, was met with the same "treatment" they handed out to
others.  For instance, GO staff carried out illegal programs, such as
the infiltration of government offices for which eleven members of the
GO were prosecuted and convicted.  There were also instances in which GO
staff used unscrupulous means to deal with people they perceived as
enemies of the Church -- means that were completely against Scientology
tenets and policy, not to mention the law.
     27.  In 1981, a Church investigation was begun into the activities
of the GO.  That investigation was prompted by the existence of a number
of civil law suits which had been filed at that time against Church of
Scientology of California and Mr.  Hubbard, and which the GO was
supposed to be responsible for handling.  Not only was the GO not
handling these suits, the GO, and particularly Mary Sue Hubbard, even
refused to answer our questions about the suits because they viewed
themselves answerable only to persons within the GO.  My involvement in
the purge of the GO arose from my position at the time, Action Chief CMO
International.  My duties included directing Church missionaires
conducting the investigation of the GO to determine the reasons for the
GO's ineffectiveness and why the GO had departed from its original
     28.  Our attempts to get information were thwarted by Mary Sue
Hubbard.  She informed us that she did not appreciate our investigation
of the GO and that if one were needed she would do it.  In March 1981
she cut all of our communication lines to the GO, except through
herself.  It must be noted that Mary Sue Hubbard believed her position
as Controller and as the "Founder's wife" to be unassailable and beyond
reproach by anyone but Mr.  Hubbard -- who was not around at the time, a
fact that she was well aware of.  This, plus her absolute control of the
GO, made it difficult for the Church missionaires to get anything done.
     29.  In April 1981, in an unprecedented move and without Mary Sue
Hubbard's knowledge, I sent a mission to the headquarters of the GO in
England -- GO World Wide ("GOWW") --_to inspect the Legal Bureau under
the guise that it had been authorized by Mary Sue Hubbard.  What the
mission found confirmed our worst suspicions.
     30.  We discovered that the GO had grossly mismanaged the legal
affairs with which it had been entrusted, and displayed a disdain for
the basic policies by which a Scientology organization is supposed to be
guided.  Whatever else the GO was, it was not Scientology, and it was
not adhering to Scientology policy.  Moreover, the GO continued to
withhold from Church management the darkest of its secrets -- the
criminal acts committed by GO staff against the United States government
and others.  We only learned of these crimes when we read copies of GO
documents attached as exhibits to court papers filed by litigation
adversaries.  These documents had been removed by the GO from its own
files in order to continue to hide their criminality from the Church.
While the FBI had seized these documents in their 1977 raid of the
Church, the GO had obtained an order sealing these materials from the
public, including the Church.  During a short period, the Court had
lifted its sealing order and litigation adversaries obtained copies.
And that is why we were only able to start discovering these acts when
filed by the opposition in civil litigation.
     31.  When further investigation proved the documents to be
authentic, it was made clear that we had no choice but to overthrow the
GO and dismiss everyone who had violated Church policy or the law.
These activities ultimately led to a complete disband of the GO.  I
gathered a couple of dozen of the most proven Church executives from
around the world and briefed them on the criminal and other unethical
conduct of the GO.  Together, we planned a series of missions to take
over the GO, investigate it and reform it thoroughly.  On July 13, 1981,
a matter of weeks after we had uncovered what was going on, and with no
advance warning to the GO, a coordinated series of CMO missions were
sent out concurrently to take over the GO.
     32.  However, there were a number of obstacles to overcome before
the termination of the GO could be accomplished.  Mary Sue Hubbard was
still asserting her authority over the GO from her position as
Controller.  Contrary to Young's statements, she was not in jail, but
was still very much in control of the GO.  At the same time, Mary Sue
Hubbard was covertly attempting to expand her power through her
friendship with and influence over Laurel Sullivan, a Church staff
member who was in charge of a project she referred to as the "MCCS
project" -- the purpose of which was to "sort out" the corporate
structure of Church of Scientology of California.
     33.  Instead of addressing a sensible reorganization of that
Church, Sullivan and her GO supporters were making their own plans to
establish trusts and for-profit entities which would have placed even
greater corporate control of the Church in the hands of Mary Sue Hubbard
and other GO executives in a fashion that would have assured the
permanency of GO dominance and power.
     34.  Shortly before the purge of the Guardian's Office, I discussed
with Laurel Sullivan various illicit GO activities we had already
uncovered.  Sullivan was aware of these activities.  Sullivan did not
agree that the acts the GO had committed were atrocious and that Mary
Sue Hubbard and the rest of her criminal group needed to be removed.
She insisted that Mary Sue Hubbard remain in power and that at all costs
she and the Guardian's Office should maintain total control of the
organization regardless of the criminal acts exposed by the government
and others, in which Sullivan felt the GO was completely justified in
     35.  Upon learning of Laurel Sullivan's alliance with the GO and
the plans to reorganize the Church under Mary Sue Hubbard and her GO
allies, I removed Sullivan from her position and disbanded the MCCS
project altogether.  In fact, recently released documents reveal that
Laurel Sullivan -- who would later become an adverse witness against the
church and me -- long ago admitted to law enforcement officials that the
corporate restructuring of the Church actually implemented, differed
entirely from that envisioned in her MCCS project.
     36.  Contrary to Young's claims, Mary Sue Hubbard was removed from
her post before she went to jail.  I know, because I personally met with
her and obtained her resignation.  Vaughn Young was not present at that
meeting nor was he present at any of the events described here.  He does
not and cannot know what occurred.  I do.  At first, Mary Sue Hubbard
was not willing to resign.  Eventually she did so.  Mary Sue Hubbard and
the GO, however, did not simply capitulate.
     37.  Within a day of Mary Sue Hubbard's resignation, senior GO
officials secretly met with Mary Sue Hubbard and conspired to regain
control of the GO.  Mary Sue Hubbard signed a letter revoking her
resignation and condemning the actions of the CMO.  Scores of GO staff
responded, locking the missionaires out of their premises and were
intending to hire armed guards to bar access by me and the other Church
officials who had ousted them.  I then confronted the mutineers, and
persuaded Mary Sue Hubbard to again resign, which ended the last vestige
of GO resistance.
     38.  When it was decided that cleaning up and maintaining the
Guardian's Office in any form was not workable and that it needed to be
disbanded altogether, this was accomplished by a new series of CMO Int
missions sent to GO offices around the world.  The pattern of the
missions was to remove all GO staff from their positions and put them on
estates work and physical labor around the church.  Before being
disbanded the GO's Finance Bureau had monitored some aspects of the
Church's finances, including the production of and maintenance of
accounts and financial records.  With the disbanding of the GO, this
function was taken over by the International Finance Network, where it
remains.  Public relations activities were put under the direction and
supervision of the L.  Ron Hubbard Personal Public Relations Officer
International and his staff.  All GO social betterment functions - drug
rehabilitation, criminal rehabilitation and educational reform, were
taken over by a new organization known as Social Coordination.  Later
this function was assumed by Association for Better Living and Education
("ABLE"), recognized as a tax-exempt organization by the IRS.  To
administer legal affairs, the Office of Special Affairs ("OSA") was
formed from a mixture of Sea Org staff who had been on one or more of
the missions that had disbanded the GO, new staff recruited to work in
the area and some former GO staff who had survived investigation and
scrutiny and had undergone ethics clean-ups relating to their former
affiliation in the GO.  Completely unlike the GO, the Office of Special
Affairs is not an autonomous group.  OSA International is part of the
Flag Command Bureau and the highest OSA management position is that of
CO OSA Int.  The Watchdog Committee has a WDC member, WDC OSA, whose
sole job is to see that OSA Int effectively performs its functions and
operates according to Church policy.  Local OSA representatives, called
Directors of Special Affairs, are staff at their local church subject to
the supervision of the church's Executive Council.
     39.  To further ensure that the old GO influence was completely
terminated, all "Guardian Orders," the non-standard issues which GO
staff followed instead of Mr.  Hubbard's policies, were canceled.  These
numbered in the thousands.  Today, none of the individuals involved in
the criminal activities of the Guardian's Office are serving on the
staff of any organization within the Church hierarchy.  During the years
1981 through 1983, the Church kept a record of the names of individuals
we found to have been involved in illegal activities, who condoned them,
or who were in a position where they should have known and done
something to stop them.  Any individuals who were found at that time to
be on staff were dismissed and informed never to apply for reemployment.
A list of names of ex-GO members either involved in, condoning, or being
in a position to stop criminal acts is maintained by the International
Justice Chief (IJC) at Flag Bureaux.  Church organizations are required
to check with IJC prior to hiring any ex-Guardian's Office staff member;
that means anybody who was ever employed by the GO, whether he was
involved in or cognizant of any criminal acts or not.  The IJC then
checks the names against the list of those banned from staff and informs
the local Church organization whether it can hire the individual or not.
The Church has thus ensured that no individuals involved in the criminal
activities of the GO ever serve on staff.  Ironically, the lone
exception, discussed below, was created by Vicki Aznaran.
     40.  Vaughn Young displays his ignorance of the actual facts
concerning the dissolution of the GO, for this was no mere "cosmetic
alteration," as he so ridiculously asserts.  In a police interview,
Laurel Sullivan, the GO ally and architect of the stillborn MCCS
project, characterized the purge of the GO as a "blitzkrieg," in marked
contrast to Vaughn Young's vastly understated description.  It was, in
fact, a major, dramatic, and permanent overhaul, with over 800 GO staff
dismissed as unqualified or because of their disagreements with Church
policies or because of their complicity in criminal conduct.  It
required approximately 50 separate missions to purge the GO.  The posts
of Guardian and Controller were abolished.
     41.  As a direct result of the GO corruption and its ultimate
overthrow, the Church embarked on a complete corporate reorganization,
in part to prevent such criminality from ever occurring again and to
make sure a "new GO" could never come about.  This is where CSI and RTC
came into existence and the reasons for their place in the Church
hierarchy are clearly stated in the Church of Scientology International
reference book What is Scientology?
     NOVEMBER 1, 1981
     The Church of Scientology International was founded, signaling a
new era of Scientology management.  A strong standardized corporate
structure was required to facilitate the rapid expansion of Scientology
and maintain high ethical standards in a widespread international
network of churches.  This followed a series of Sea Org inspections that
discovered that the Guardian's Office (which had been established in
1966 to protect the Church from external attacks and care for its legal
matters) had become entirely autonomous and corrupt.  The Guardian's
Office had been infiltrated by individuals antithetical to Scientology
and had become an organization that operated completely apart from the
day-to-day activities of the Church.  Their secret actions in violation
of Church policy had resulted in eleven members being jailed for
obstruction of justice.  Sea Organization executives overthrew the
Guardian's Office and disbanded it.  Part of the measures taken to
ensure a similar situation could never recur was the formation of the
Religious Technology Center on 1 January 1982.  L.  Ron Hubbard bestowed
the trademarks of Scientology to RTC, whose purpose is to safeguard the
proper use of the mars and ensure they remain in good hands and are
properly used.
     42.  Vaughn Young calling the dismantling of the GO "cosmetic" is
the functional equivalent of someone referring to World War II as a
"tiff." He wasn't where the dismantling occurred, he doesn't know what
happened, and he has no clue.
     43.  It is important to point out how far from the actual practice
of Scientology the GO had departed and to point out the reason that
Young is attempting to trivialize the purge of the GO.  Unless Young
characterizes the GO dismantling as "cosmetic," he cannot argue that his
allegations of what he calls "Fair Game" continued to be committed after
the GO was eradicated.  It is a standard ploy for opposing litigants to
point to the GO and allege "Fair Game" being practiced today on the
basis of what the GO did thirteen or more years ago.  In Young's "Fair
Game" accusations, he is merely trying to stigmatize the Church today by
dredging up the type of illicit activity in which the GO indulged and
falsely ascribing it to the people who are responsible for ridding
Scientology of the GO.  What the GO did in the 1970's was not pursuant
to "Fair Game." One should call their actions by the precise term that
describes them: illegal.  But which side was Vaughn Young on during the
early 1980s when all of this criminal conduct came to light?  I was
cleaning out the GO; Young was in the GO.  We became aware of the acts
of the Guardian's Office and were more horrified by the GO and its
crimes than law enforcement officials and others outside the Church.
Eleven people were indicted by the authorities; we discharged 800 GO
staff.  There isn't one iota of evidence concerning my involvement in
any GO activities, or that of any other current Church executive.  None
of us had any involvement in the GO other than to obliterate it forever.
Moreover, there isn't one iota of evidence that any current Church staff
or executive ever engaged in any conduct reminiscent of the GO.
     44.  Once the Guardian's Office was disbanded there was much that
needed to be done to deal with the legal and public relations matters
that had been mishandled by that office for so many years.  The years of
neglect and the GO's destructive acts had put the Church in a position
where it was repeatedly being attacked in civil cases, and even the
Founder of the religion was being pulled into these suits, despite the
fact that he had no connection with any of the claims or acts alleged by
civil litigants.
     45.  Mr.  Hubbard took no part in the disbanding of the GO or
removal of Mary Sue Hubbard.  In fact, the first he heard of it was five
months after the initial purge, in July of 1981.  While he had been out
of communication and uninvolved in Church activities for the previous
two years, he had engaged in further researches on Dianetics and
Scientology.  More relevant, however, was that he had also, for the
first time since the release of Dianetics in 1950, resumed his writing
of fiction.  Mr.  Hubbard understood that the representation of these
works and their publication could not be handled within the Church.
Accordingly, in 1982, Author Services was formed to manage the personal
affairs of L.  Ron Hubbard including his literary, financial and legal
matters.  As I was held in some regard by Mr.  Hubbard, I was given the
opportunity to be part of this new endeavor.  Beginning in 1982, I
devoted my full time and attention to Mr.  Hubbard's personal affairs
from my position as Chief Executive Officer of Author Services.
Youngs's contention that I was somehow managing all Scientology Churches
internationally at the same time that I was supervising Mr.  Hubbard's
affairs is preposterous.
     46.  Since the purge of the GO, I have been repeatedly forced to
deal with the points of false allegations that Mr.  Young has made here,
as well as other lies circulated by a handful of the very individuals I
had kicked out.  I have become the target of attack for the activities
of the very individuals I purged from the Church.  In this litigation,
Fishman has made numerous allegations about my "involvement" in his
criminal enterprise.  These allegations are not only false, but resulted
in his criminal conviction.  Vaughn and Stacy Young have littered the
record of this matter further by giving "expert" testimony to support
Fishman's allegations by stating, "they might have occurred" based on
the acts of the old GO.  This is not the first time this tactic has been
used as a litigation ploy to harass me and divert the Court's attention
from the actual facts in litigation.  Each time similar allegations have
been raised in the past, however, I have been completely vindicated.
     47.  The first bizarre episode -- of which Mr.  Young is aware, but
of which he makes no mention -- illustrates Mr.  Young's knowledge of
the tactic of generating false allegations as a litigation ploy.  This
particular episode led to an FBI investigation and a bogus lawsuit, but
ultimately led to complete exoneration of me.  Shortly after I became
Chief Executive Officer of ASI, a call came in to ASI from a New
England-based bank.  The phone caller was calling to verify that a check
supposedly signed by Mr.  Hubbard should be cleared.  After ascertaining
that the check was not valid, I stopped payment on it in my capacity as
the Chief Executive Officer of Mr.  Hubbard's personal, business and
literary agency.  The matter of this forged check, however, assumed even
greater proportions when a so-called "probate" action was commenced
against the "estate" of L.  Ron Hubbard.
     48.  The probate action was filed by a Boston-based personal injury
attorney who induced Ron DeWolfe (L.  Ron Hubbard's estranged son who
had long since been written out of his will), to claim that Mr.
Hubbard's estate was being looted and that DeWolfe should be appointed
to "protect it." This Boston attorney was the same one who had pending
literally dozens of damage suits naming Mr.  Hubbard and which portrayed
the Church and the religion's Founder in the most outrageous and
prejudicial manner imaginable.  Yet, suddenly, in the probate action,
that lawyer was suing to "protect" Mr.  Hubbard's estate.
     49.  To buttress the false claim that Mr.  Hubbard's estate was
being looted, DeWolfe and his lawyer made reference to the forged check
mentioned above.  I had no idea how they were aware there had been an
attempt to pass a forged check on Mr.  Hubbard's account.  Upon
examining the facts we were able to develop, we learned that the bank
had informed the FBI about the forged check, and that the first and only
person the FBI contacted for information was this same Boston attorney,
who told the FBI that I, one of Mr.  Hubbard's closest and trusted
friends, was the most likely candidate to have committed the forgery!
As a result, I became the target of an FBI investigation, even though I
had been the one who stopped payment on it when I was alerted to the
check's existence.  Eventually, the entire probate case was dismissed
and I was cleared of any involvement with the forgery.  Nonetheless, I
had been unjustly subjected to negative press in all manner of media
publications literally all over the world.  Furthermore, this incident
of the forged check and the probate case marked the emergence of a new
litigation tactic, one that Vaughn Young and Geertz's counsel are trying
to exploit here.
     50.  Upon the dismissal of the probate action, DeWolfe's attorney
announced that his "real" purpose in bringing the probate action had
been to force Mr.  Hubbard out of seclusion so he could be served in the
civil damages cases filed by DeWolfe's lawyer.  The idea was simple.
Aware that Mr.  Hubbard wanted to maintain his privacy and seclusion,
the lawyer would notice Mr.  Hubbard's deposition as both an individual
and as a "managing agent" of the Church.  Default or settlement then
would follow a managing agent finding and non-appearance.  This ploy was
particularly effective since Mr.  Hubbard went completely out of touch
with any and all Church entities from May of 1984, until he passed away
in January of 1986.  Even if they had so desired, the Church was
literally incapable of presenting Mr.  Hubbard for deposition to give
testimony to end this ruse.  Vaughn Young knew that Mr.  Hubbard was not
in communication with the Church during the time that ploy was being
pursued.  Vaughn Young also knew this litigation tactic, and his
knowledge of it is evident in this case.  It is precisely what is
happening here, except Young's false claims of managing agent of the
Church status are directed at me.
     51.  I am not L.  Ron Hubbard, nor am I in seclusion.  I am visible
and I testify.  Most of all, as set forth in detail above, I am not
CSI's managing agent, and Vaughn Young's attempt to characterize me as
such collapses from the weight of his ignorance of the corporate, tax,
legal and financial structures of RTC, CSI, and every other Church-
related organization.  Ironically, this tired litigation tactic was
finally put to rest with respect to L.  Ron Hubbard hours before his
death on January 24, 1986, when Judge Mariana R.  Pfaelzer definitively
ruled that L.  Ron Hubbard was not the managing agent of any church.  A
copy of that order is annexed as Exhibit A.
     52.  Next, I was subjected to a two and a half year criminal
investigation by the Internal Revenue Service.  Ironically, the very
people I had kicked out of the GO exploited the government's concern
over acts the GO had committed to make me the target of an investigation
based on the very acts they had committed.  Of course they didn't make
their previous associations with the GO known.  In fact, the IRS's
Criminal Investigation Division ("CID") was based on specious
allegations filed in civil litigation and spread in the media.  The
thrust of the investigation was an alleged criminal conspiracy begun in
1966 to impede the Internal Revenue Service.  I was the primary target
of this investigation even though I was only six years old when I began
the "conspiracy."
     53.  The CID's massive investigation was ultimately rejected
outright by the Justice Department.  However, the IRS dossier on me, an
accumulation of over 100,000 pages of documents -- the largest in the
Service's history -- was filled with falsehoods from a handful of bitter
former Scientologists and ex-GO like Mr.  Young.  It contained the same
allegations that have been repeatedly disproved, but which are
nevertheless being made again in this case.
     54.  For example, Mr.  Young repeats the allegations made by Gerry
Armstrong that the Church practices "Fair Game" and that Gerry Armstrong
was in "fear of his life." To bolster the validity of this allegation,
Vaughn Young refers to the Breckenridge decision.  What Mr.  Young fails
to disclose, however, is the fact that following that opinion, Armstrong
was proven a liar.  In a police-sanctioned investigation, Gerry
Armstrong was captured on video tape acknowledging his real motives,
namely a plot to overthrow the Church leadership and gain control of the
Church.  On those very video tapes, Armstrong acknowledges he not only
isn't "afraid," but that he "will bring the Church to its knees." While
plotting his overthrow attempt he gives advice that the Church should be
accused of various criminal acts.  When told no evidence exists to
support such "charges," he responds, "just allege it." It should be
noted that while Gerry Armstrong had been an "informant" during the IRS
criminal investigation, based on these tapes and statements, the IRS
dropped him as a witness, thereby repudiating his credibility.  Vaughn
and Stacy Young were fully aware of these facts as Stacy wrote the cover
story in Freedom Magazine that exposed Armstrong's plot.
     55.  The steady barrage of such falsehoods poisoned the IRS with
respect to the Church generally and me personally.  Years later, IRS
Internal Security agent Keith Kuhn filed a declaration in several cases,
falsely accusing me of threatening another IRS agent with whom I had
never spoken in my life.  That declaration was stricken as unsupported
and scurrilous, and the IRS was ordered by Judge Keller of this Court to
pay sanctions for having filed it at all.  [Ex.  8, Order and
transcript, Church of Scientology of California v.  IRS, No.  CV 90-5638
WDK (C.D.Cal.)]
     56.  The attempts to harass me in litigation have extended to
creating not just false allegations, but false documents as well.  In
1984, a former staff member, who was employed by a splinter group that
was seeking to pull Scientologists away from the Church for the splinter
group's profit, created a forged document entitled SMASH THE SQUIRRELs
which was allegedly written by me and which purported to show that I
intended some form of harassment towards apostates of Scientology.  One
would normally ignore such wild incidents, except this document was
continuously used against me in litigation, most particularly to prevent
me from gaining access to government files on me.  I have had to fight
this issue for years and only last year was this matter put to rest.
This document was recently examined in a Freedom of Information Act
case, Miscavige v.  IRS, No.  CV 88-7341 TJH (C.D.Cal.) by Special
Master Jack Tenner, who found that it was, in fact, a forgery and could
not be used in court.  That decision was affirmed by Judge Hatter of
this Court.  [Ex.  D, Order of Judge Hatter.] Even though this document
has been ruled to be a forgery, Geertz's attorneys have now referred to
it and seek to use it in this case as if it were real.
     57.  Perhaps the most telling indication that the allegations made
by Mr.  Young and other apostates regarding corporate and financial
affairs of various Church entities are false, is the recent recognition
of the tax exempt status of all Scientology Churches in the United
States by the IRS.  This recognition of exemption followed the most
exhaustive review of financial records and corporate structure of any
exemption application ever filed.  That process is described in detail
in the accompanying declaration of Monique E.  Yingling.  [Ex.  C.] As
part of the exemption process, the IRS also considered and rejected
virtually all of the same allegations that are now being made against me
in this case.  These discredited and untrue charges should not have to
be dealt with time and time again.  After the most extensive review in
IRS history, to have uninformed apostates second-guessing the IRS's
determination, and regurgitating false claims that the IRS and Courts
have rejected again and again, putting me in the position of defending
against the same old allegations, is ludicrous!  This has to end
somewhere, as it is not just wasting my time, but the Court's time as
well.  All the while further false accusations are made that the Church
likes litigation.  Magistrate Tassopulos stated on January 4, 1994, "You
know you people enjoy the fight..." To the degree this statement is
directed at me, she is just wrong.  I despise litigation and in fact
know of no Scientologist who enjoys it.  However, we have been forced to
defend ourselves because of unfounded allegations the courts seem too
willing to accept or which they are incapable of preventing.
     58.  Putting aside Mr.  Young's familiarity with the tactic of
maligning the Church and me as a litigation weapon, I simply do not
understand from where Mr.  Young purports to derive his self-proclaimed
"expertise" about Scientology as a religion, or about the corporate,
legal, or financial affairs of RTC, CSI, or any other Scientology
organization.  I know Mr.  Young, having worked with him briefly on
specific projects in 1981 and 1983, and once held him in some personal
regard.  He never occupied any position of corporate or ecclesiastical
authority in any Church or in ASI, and certainly did not have any
significant personal exposure to how the corporate or ecclesiastical
structure of Scientology is established or how it works.  He cannot
claim any personal knowledge in that regard since July of 1989.  At no
time did he occupy any "inner circle" in Scientology leadership and, in
candor, he was never in any position to have any knowledge of what I do
or how I do it.  To that I must add that despite his outrageous claim to
the contrary, I never in my life laid a finger on Vaughn Young, let
alone beat him unconscious or otherwise, as he claims.  Indeed, this
allegation only surfaced once he attempted to enmesh me in this case.
It is absurd on its face for Mr.  Young to have omitted this alleged
incident from his earlier affidavits which purportedly cited the reasons
"why he left the church." In my mind, his need to invent complete lies
such as this reveal that his motives are personal, his character is
spiteful, his aim is money, and his means to those ends know virtually
no limits.
     59.  Vaughn Young completely misstates my relationship to the
plaintiff Church of Scientology International.  Young claims that I
somehow direct, manage and control every facet of CSI's operations and
activities.  This also is ludicrous.  CSI has well over a thousand staff
members who deal with international promotion and dissemination efforts,
evaluate situations in Scientology churches around the world, and
provide plans and programs that give guidance to these churches.  This
is the activity of international and middle management of CSI, which has
an entirely different purpose and sphere of activity than RTC.  My job
as Chairman of the Board involves many functions, but does not include
management of CSI or any other Scientology church.  I do not create
corporate strategy nor do I direct or manage the personnel of CSI.  I do
not remove CSI's directors or officers.  I do not run CSI or its
executives.  Anyone who would testify to the contrary is either
uninformed or untrustworthy.
     60.  The Youngs have chosen not only to malign me personally, but
also to attack the very religious beliefs and practices which they once
professed to follow.  Although the religious nature of Scientology has
been recognized by courts and administrative bodies throughout the world
for decades, the defendants and their witnesses are attempting to enter
the constitutionally forbidden area of judicial evaluations of religious
tenets by placing the meaning and efficacy of religious beliefs and
practices of Scientology on trial.  Deliberately distorted
interpretations of Scientology religious doctrine have been filed in
this Court concerning Scientology concepts such as PTS Type 3 and Black
Dianetics.  At the same time, defendant Steven Fishman has also invented
entirely fictitious terms such as "EOC," and claimed that they are part
of Scientology.  They are not.  His claim that there is anything in the
Scientology religion that even resembles a directive to commit murder or
suicide is as outrageous as it is ridiculous.  These are all total
misrepresentations of religious doctrine made by people who are not in
the least qualified to make doctrinal judgments.  I can say
categorically that "EOC" does not exist in Scientology, and the concept
ascribes to it in this case by the defendants is false and scandalous.
     61.  Young tries to gain credibility by stating he was one of maybe
ten people summoned to Mr.  Hubbard's ranch when he passed away.  He was
not the first to be called, but arrived with a cook, a carpenter,
gardeners, and a guard.  More importantly, the press on LRH's passing
away was not handled from the ranch.  Vaughn Young was at the ranch to
deal with any local inquiries and with the neighbors and farmhands who
had been friends of Mr.  Hubbard, and he worked under the guidance of
another ASI staff member.
     62.  Young also mentions Pat Broeker, and attempts to position
Broeker as someone who had power and legitimacy within the Church
structure.  Young, who never held a senior management position during
the entirety of his time in the Church, falsely claims that there was a
power struggle between Broeker and me after the death of L.  Ron
Hubbard.  This assertion demonstrates Young's lack of knowledge of the
actual corporate structure of the Church.  Pat Broeker was neither an
officer nor a director nor a trustee of Religious Technology Center, CSI
or any other Church corporation.  It was only an ignorant and
destructive few, such as Vaughn Young and Vicki Aznaran, who ever
believed or supported Broeker's claims to authority.  No removal of Pat
Broeker occurred or was necessary.  He simply did not hold any position
in any Church corporation.  Vicki Aznaran, on the other hand, was
removed from her position as President and Inspector General of RTC.
She herself has testified to the reasons for her removal -- employing an
ex-GO staff member involved in criminal acts and allowing false Church
scriptures to be presented as authentic writings of Mr.  Hubbard, when
she knew they were not.
     63.  All of the foregoing should be viewed in the context of
Scientology being a new, evolving religion.  Although unfortunate, all
emerging religions in history have gone through a period of turmoil,
especially following the death of its Founder.  Scientology is no
exception.  However, we have entered into an extended period of calm and
expansion since these upheavals in the 1980s.  The resolution of the
long-standing conflict with the IRS is perhaps the best indicator of
     64.  The only issue mentioned by the defendants in connection with
taking my deposition which is even arguably relevant to this case is the
so-called "of and concerning" issue.  That can be disposed of in a few
sentences.  When a person makes a statement about "Scientology" or the
"Church of Scientology," the most reasonable conclusion is that the
reference is to CSI.  CSI is the Church corporation that is viewed as
"Scientology" by the public at large.  Major Scientology publications
found in public bookstores regularly contain introductory remarks from
CSI.  For example, the book What is Scientology?, which has just
recently been distributed in paperback around the country, has an
introduction from CSI.  Freedom Magazine, which Stacy Young tried to
sever from the Church, proudly states that it is published by CSI.
Likewise, when a Scientology spokesman is wanted by the media for
virtually anything about "Scientology" or the "Church," they routinely
contact CSI.  When the IRS recognized CSI as tax exempt and established
a group exemption so that new churches could immediately become tax
exempt on the authority of the Mother Church, it was CSI to whom the
group exemption authority was given.  It certainly is reasonable for the
public to understand statements about "Scientology" and the "Church" as
referring to CSI.
     65.  The thrust of the declarations filed by Vaughn and Stacy Young
is that the allegations made by Fishman should be believed.  This is
remarkable in itself since the Youngs have apparently never met him and
never knew him.  They appear completely willing to accept this convicted
felon at face value, although he served a prison sentence for
obstructing an FBI investigation of his financial scam, by telling the
same lies about the Church that he is telling this Court.  The Youngs
devote pages to descriptions of a "Fair Game" policy that no longer
exists.  Yet they are silent as to their own experiences between the
time they left the Church in 1989 and the time they began their careers
as paid for hire witnesses.  What did happen after they left the Church?
There was no harassment.  They were free to leave, which they did.  We
got on with our lives and paid them no attention.  Now, nearly five
years later, they have resurfaced, making outrageous accusations and
participating in an effort to resurrect in this case the tactics of the
GO of which Vaughn Young was once a part.  The conclusion that
necessarily flows from those facts is that the only reason that the
Youngs feel safe enough to make their outrageously false allegations of
bad conduct and harassment against the Church and me is because they
know there will be no "Fair Game" retaliation, thanks to my kicking out
the GO and putting a permanent end to their abuses.
     66.  Since 1981, I have heard this allegation of Fair Game
literally thousands of times.  Yet, I had never even heard the term
until I saw it used in civil litigation, and to this day have never once
heard the term used within the Church.  Nor have I ever heard, even from
civil litigants anything actually done to them.  Its use is strictly as
a smear tactic when one has no act to point to.  Vaughn and Stacy Young
know the trick and since they know the truth about the use of this
tactic against Scientology, I find their declarations particularly
     67.  The foregoing represents what testimony I believe I had to
give in this case had Geertz's counsel not refused to take the
deposition of me that he persuaded the Magistrate Judge to order.  The
essence of the matter is this -- I do not know Fishman and I do not know
Geertz, and as to my knowledge of either of them, either before or after
the Time magazine article, it is nil.  Having no basis to seek my
testimony in this case, Geertz's counsel resurrected the same tactics
that adversaries have employed for years in litigation involving the
Church, namely the employment of hired guns like Vaughn and Stacy Young,
to make allegations about matters of which they know nothing.  Unlike
the Youngs, I know the facts about the matters they address.  Unlike the
Youngs, I was there.  Their self-proclaimed and completely non-existent
"expertise" is a disingenuous litigation tactic in pursuit of
harassment, and that "expertise" is shown to be fiction crafted for hire
and evidence of nothing.  The GO was disbanded with finality and the
criminals within were forever banished.  The IRS attacks were brought to
a conclusion with finality.  I did those things; the Youngs did not.  I
know those facts; the Youngs do not.  The Youngs present nothing but
dusted-off, discredited allegations that cannot withstand scrutiny.  I
have provided the Court with an accurate, first-hand account of the
facts.I declare under penalty of perjury under the laws of the united
States of America that the foregoing is true and correct.
     Executed this [illegible, eighth?] day of February 1994, at
Riverside County, California
Homer Wilson Smith           This file may be found at
homer@rahul.net              ftp.rahul.net/pub/homer/act/CD27.MEMO
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