Skip ahead to the Story of the Raid

 

Errata: "Jeff Filburt" should be "Geoffrey C. Filbert"

 

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division



____________________________________
)
RELIGIOUS..TECHNOLOGY CENTER, )
)
Plaintiff, )
v. ) Civil Action No. 95-1107-A
)
ARNALDO PAGLIARINI..LERMA, )
)
)
Defendant, )
)
____________________________________)


EXPARTE REQUEST FOR IMMEDIATE STAY OF PROCEEDINGS
INCLUDING BUT NOT LIMITED TO THE SIGNING AND ENTRY
OF ANY WRITTEN ORDER OF SUMMARY JUDGMENT; NOTICE OF
MOTIONS FOR (1) REOPENING PROCEEDINGS; (2) THE
TAKING OF FURTHER DISCOVERY; (3) THE REBRIEFING
AND REARGUMENT OF SUMMARY JUDGMENT MOTIONS;(4)
SUBSTITUTION OF COUNSEL AND PRO-HAC VICE ADMISSION
OF SUCCESSOR COUNSEL; (5) A STATUS AND SCHEDULING
CONFERENCE; AND (6) SUCH FURTHER MOTIONS AS THE
PARTIES MAY FILE AND SERVE. DECLARATION OF ARNALDO
LERMA AND PROPOSED ORDER,






Arnaldo Lerma, Pro Se

20 August 1996


Defendant, Arnaldo Lerma, appearing pro-se
on his own behalf, hereby requests this court ex parte to
issue an order providing an immediate stay of all proceedings
herein, including but not limited to the signing and entry
of any written order of summary judgment pending the filing
and service of motions for, inter alia:

(A) Reopening these proceedings; and
(B) The taking of further discovery herein; and
(C) The rebriefing and reargument of motions for
summary judgment and/or summary adjudication of
issues; and
(D) The substitution of counsel and pro hac vice
admission of successor counsel and successor local
counsel; and
(E) A status and scheduling conference; and
(F) Such further motions that the parties may file
and serve prior to September 27, 1996 and calendar
for hearing on Tuesday October 22, 1996 or such
other date as this court may deem proper on the
grounds, inter alia, that :
(1) This court has an inherent power to correct
its own record at any time prior to the entry of
final judgment hearings; and
(2) That a grevious miscarriage of justice has
occurred in these proceedings; and
(3) Plaintiff has engaged in outragous and
criminal acts of interstate conpiracy and misconduct
in order to insure that defendants counsel of choice
would be precluded from appearing herein; and
(4) Defendants insurance appointed counsel
misrepresented its expertise and experience, failed
to follow defendants and his agents oral and written
instructions including but not limited to:
(a) Failing to convey defendants requests for the
appointment of more suitable counsel to defendants
insurance carrier; and

(b) Taking relevant and appropriate discovery; and
(c) Submitting all court filings to defendants and his
agents for review and approval before filing; and
(d) Filing a motion for summary judgment and opposition
to a motion for summary judgment before prior review,
input, correction and approval, from defendant and his
agents, and then unreasonably failing and delaying to
provide defendant and his agents with copies of those
papers; and
(e) Failing to argue in the summary judgment motion
and reply opposition papers all the appropriate issues,
facts, material issues of triable fact, and the need for
additional discovery; and
(f) Failing to include with those papers the declarations
of expert witnesses, other witnesses and other evidence
that defendant and his agents wanted filed but were prevented
from so doing by his own counsels' breaches of fiduciary duty,
negligence and disobedience from so doing;; and
(g) Fraudulently and excessively "churning" this and related
litigation to the extent of over 1.4 million dollars in a
little over 6 months, and failing to properly advise defendant
and his agents that the proceeds of self-liquidating insurance
was being so rapidy depleted and exhausted in this manner; and
(h) Withdrawing from the representing of defendant upon a
pretextural claim of conflict of interest and doing so in a
manner that breached applicable rules of professional conduct; and
(i) Refusing to take any steps to stay these proceedings or
correct the manifest injustice and misconduct that has occurred
herein because such "a falling on their sword" would "violate an
order of this court" and aggravate their malpractice liability to
defendent, FACTNet Inc., Lawrence Wollershiem and Robert Penny.
(5) That plaintiff, its attorneys, affiliates and other agents
intercepted confidential attorney-client communications between
defendants counsel of choice, Los Angeles

Attorney Graham E. Berry, Esq., and Lawrence Wollershiem and engaged
in other acts of outrageous and despicable conduct against Graham E.
Berry, Esq. on an interstate and international basis; and
(6) That plaintiff, its affliates, attorneys and other agents
engaged in an unlawful conspiracy and acts of intimidation and
blackmail against Robert F. Lewis, Esq. and certain senior partners
of the Los Angeles law firm of Lewis, D'Amato, Brisbois and '
Brisgaurd in a hitherto successful "operation" to ensure that
Graham E. Berry, Esq. was prevented from appearing in this
litigation as defendants counsel of choice; and
(7) That plaintiff, its affiliates, entered into a secret settlement
agreement with Robert F. Lewis Esq., which not only represented unlawful
and unethical conduct thereto but also contained language arguable
releasing defendant herein from all or part of his alledged liability
herein, and which agreement is still being withheld from defendant
herein, although a judge in a related case, reviewed in camera, and
ordered it produced on the grounds of relevance, and
(8) That Graham E. Berry, Esq. has resigned from his partnership in
the Lewis D'Amato, Brisbois and Bisgaurd law firm effective August 23,
1996 and will become a member of the large Los Angeles law firm of Musick,
Peeler and Garrett on Tuesday September 3, 1996 and he has agreed to
assume the representation of the defendant herein and that of defendants
in related cases; and
(9) Upon such further grounds, arguments, facts, and evidence as will be
presented to this honorable court in connection with the various motions
noticed herein and to be filed and served on or before September 27th 1996
or on such other date as this court might order.
This ex parte request for an immediate stay of all proceedings herein,
including but not limited to the signing and entry of any summary judgment
order, is made on the grounds that the interest of justice and judicial
economy require that defendant have the opportunity, through new counsel,
to file and argue the noticed motions inter alia, that are described herein,
and in all the circumstances, not withstanding the courts prior admoniton
that no further papers are to be filed herein.




Respectfully submitted,
August 20, 1996

____________________
Arnaldo P. Lerma
Defendant Pro Se

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division



____________________________________
)
RELIGIOUS..TECHNOLOGY CENTER, )
)
Plaintiff, )
v. ) Civil Action No. 95-1107-A
)
ARNALDO PAGLIARINI..LERMA, )
)
)
Defendant, Pro-Se )
)
____________________________________)


EIGHTH DECLARATION OF ARNALDO LERMA
IN SUPPORT OF EMERGENCY BRIEF TO STAY ALL PROCEEDINGS

I, Arnaldo Lerma,declare under penalty of perjury as follows:

I. Faegre and Benson's negligence and failure to follow instructions
I had voiced my concerns about needing to have a firm experienced in Scientology litigation tactics from the beginning of this case, and felt coerced into accepting the insurance carrier designated counsel, as it was my understanding that I had no choice, though gravely concerned.
Advice from a member of the FACTNet board, Larry Wollershiem was ignored, who has the longest experience winning against Scientology, (see Exhibit D) and I understand that Tom Kelly told Ross Dixon to ignore him also.
Throughout this case to date, I felt compromised but felt if I spoke more assertively then the firms would withdraw, and feeling that any representation was better than none, kept silent. I was concerned that Faegre was going through the motions of deposition in a wasteful manner,
and were not relying on the counsel of Larry Wollershiem and listening to his recommendations, nor using many of the experts we designated. I faxed much of what is presented in this document to Ross Dixon and Faege asking that it be addressed, and asking that the compelling public interest involved be stressed as it was the nature of our adversary that was the main issue.
Recently, a member of the Faegre firm called Bob Penny, who is seriously ill and impaired with multiple sclerosis, and claimed that he received Mr. Penny's assent to withdraw from the Denver case against FACTNet for which I serve as a Director. Mr. Penny provided a notarized statement denying that he assented for Faegre to withdraw. After reading Ross Dixon's Motion for Summary Judgment, I wondered where the opposition motion was... and did not receive it until after the filing date. The only part of it I saw before filing was a declaration by Arnaldo Lerma, not the brief.. When it did arrive sometime after the filing I did not pay attention to it as I felt after the court's order that there be 'no more paper' that it was hopeless. When the document was called to my attention recently by Mr. Wollershiem I looked it over and found that it contained falsehoods represented as facts. One specifically comes to mind, the deposition statement by Warren McShane that described "Hubbard's entry into religion as starting in 1954". This is completely false, Hubbard was proud to tout his work as an applied philosophy, it wasn't untill after the FDA raids in the late 60's that he required the apparency of religiosity (collars, and a cross were brought in) and various names and titles were changed, I recall this vividly, being on staff in Scientology at that time, as being a sham to avoid litigation and prosecution. Myself and fellow staffers thought it was a joke then, I now think deeming it a religion is a fraud, yet it is stated as an uncontested fact. I cannot disagree more.
Further, throughout this case I have been advised to state the truth, except it seems some truths were not acceptable and were not argued on my behalf and brought to the court's attention. Dwayne Kronhke agreed to use the 'privilege' defense and I believed him, until I read the Opposition for Summary Judgment. Further, I felt we needed a technologically experienced firm. I can move hundreds of pages of documents in seconds around the world,
however, it wasn't until very late in the case that I even had one email address to use to contact Faegre and Benson. Furthermore the frontier of the Net is very difficult to explain, I read much, and was experienced with computers since perhaps 1984, and until you experience the medium you really haven't a clue what you are dealing with. I feel now Faegre used us to learn the net. I have yet to receive any document from Ross Dixon or Faegre in electronic form, so I could easily transmit them for comment in this fast paced case, and quickly gave up asking for them. However your own court reporter handed me a diskette in lieu of paper when I ordered a copy of a hearing transcript from him, having not received it from my own attorneys.
Without the benefit of an experienced Scientology jurist, and with the inability and unwillingness of Faegre to listen, act on, and benefit from the experience of our own Larry Wollershiem, I felt seriously compromised.
In my declaration in support of the motions noticed herein, and with the guidance and assistance of new counsel Graham E. Berry, Esq. I shall provide extensive non-privileged evidence of Faegre & Benson's blatent misconduct, negligence and disobedience, to the extreme detriment and damage to my position in this litigation. It is not too late to undo this detriment and damage and thus avoid the courts being burdened with further litigation. However, Faegre and Benson has refused to take any action to mitigate the damage their conduct has caused me.

II. Additional facts and arguments for the courts consideration

The following part of this declaration was originally distributed by mail and electronic form as a petition for redress and I have chosen to keep it more or less intact, as even in its sometimes clumsy wording it addresses issues that were not articulated by counsel.

1) Copyright to large portions of the Power processes, R6EW, the Clearing course, and OT 1 through 7 and some of the 'Confidential' L series, (inclusive of what RTC falsely describes
as 'Advanced Technology') was granted by the US copyright office to Geoffrey Filburt April 25 1982, in a publication called Excalibur Revisited' which includes massive word-for-word transcriptions of materials I recall as being Scientology.... some 450 pages, single spaced typing. A true and correct copy of excerpts of this file as obtained from America Online is provided as Exhibit A.

2) The RTC's filed copyrights for these materials are dated May 12th 1982.

3) Mr. Filburt claims to have received permission from Hubbard to do as he wished with the materials of Scientology.

4) I prompted Homer Smith to call Mr. Filburt, and get his permission to post these materials to the Internet in the fall of 1994. They have been available on America Online for nearly two years.

5) They are not identical to the Fishman Geertz materials, which are an earlier version of the "AT" materials than those Mr. Filburt included, however, they are identical in substance to the original works, yet are mutually agreed by some kind of consent decree to 'Not be Scientology'.

6) If a large portion of the AT materials have in fact 'not been Scientology' then the true nature of this lawsuit by the 'RTC' is apparent. I did not recall the existence of this document or it's implications to this case until approximately Dec. 15th, when I brought it to the attention of Mr. Kronhke, in spite of the fact I was party to the original phone call to Mr. Filburt to get permission to post these materials to the internet in the fall of 1994.

7) Throughout the preparation for this case, and directly resulting in extreme expense for my
legal team, I have been deprived of the means to mount my own defense by not having my personal records to refer to during this massive litigation. A box of affidavits which I kept in order to provide for my own defense, were 'sealed' by the court, and were unavalible to educate my attorneys or otherwise use to argue the compelling public interest of posting the Fishman Geertz affidavit. Included in this sealed box was a translation of

"COURT OF INSTRUCTION 21 MADRID
D / Previas 2663/84
DECREE OF THE COMMENCEMENT OF ORAL TRIAL"

which brought criminal proceedings for "the felonies of illicit association,
threats, coercion, usurpation of functions, false accusation, simulation of a
felony, illegal arrest, crimes against the Tax Administration, crimes against
freedom and safety in the workplace, intrusion, crimes against the public
health, and inducement to suicide.."

A true and accurate translation of the original is provided as Exhibit C.

These and the other documents, were essential to my defense. Indeed, the California Courts in the case of Church of Scientology vs. Armstrong have allowed the defense of self defense in justification for the possession of allegedly copyrighted and trade secret Scientology documents.

8) Fair Use Statute: I am not a publisher of news on the Internet acting alone, I was in this case the 'typesetter' of a public record court document, being published by the group effort, of citizenry interested in the cult of Scientology and it's coercive practices. The sum of commentary
about the subject matter of this document, is many thousands of pages. I do not have
nor do I now have access to my own documents to refer to, to provide for my own defense and accurately document the event. I contend that this was the express intent of the cult in administering the unconstitutional raid upon my home and the seizure and the related criminal acts I claim to have occurred.

9) Between February & November of 1995 I posted over 850 postings to the newsgroup Alt Religion Scientology. Far from being a lonely pamphleteer, I was part of a team of editors, critics, writers, reviewers, researchers, commentators, who together, united by the mutual purpose of public discussion, interest, and criticism, IN THE PUBLIC INTEREST, provided a running discussion of many thousands of pages. My own 'commentary' at the time of posting this document, as well as others, was limited by the fact of the hours of time and effort I had to put in to prepare an accurate rendition of this public record court document, suitable for uploading and the resulting massive review and commentary by the public, and for the public. Thus, not only
should my own and following postings be considered, but the thousands of pages of postings and commentary about the subject matter by the other members of the free citizens publishing empire called 'alt.religion;scientology' must be considered. See Exhibit H, Samples of postings.
To do otherwise is to deny the true nature of this most spectacular 21st century medium, the Internet, by defining it in the 17th century definitions of Gutenberg., with a 19th century law, when in fact, the Internet is of the same magnitude an innovation and revolution as the invention of the Gutenberg Printing Press itself .

10) I chose to attempt to take this to trial to have this information heard. I have asked repeatedly of counsel, 'When do I get to just explain this whole thing to the judge in my own words?', my understanding was that I was being saved for trial & chose to take the chance of providence, as the only way I saw, that funds might be made available to defend the corporation, FACTNet, in its case in Colorado, would be if I could gain a win in this case. I chose that gamble in order to help ensure, by hoping for both a ruling favorable to the Colorado case, but a ruling that would allow attomeys fees to be awarded to replenish the 1 million dollars I have consumed, from the FACTNet insurance fund, that now is not available to my co-directors in Colorado.

11) Need for posting en mass of Fishman Geertz document - Included in this document is
the "OT8" briefing, where Hubbard states that he is not only the anti-christ, but that Jesus
was a pedophile, etc. - The church claims this is a forgery, as they once claimed OTIII was a forgery when first published by the LA Times. To determine the authenticity of the OT 8 Documents it was essential that the other OT levels be included so that a comparison could be made as to style as well substance.

12) OT II is an exact formula that 'cannot be paraphrased' or described in any other way
except as written. Like a drawing of a particular chemical molecule, OTII is a layout of a particular Incident (or so it is claimed by the church in its own materials) and must be described, in this exact manner. It is a description of an incident that is claimed to have happen ed to you
and I and all inhabitants of earth. Thus it is part of our subconscious memories (or so it is claimed). I believe the legal term for this is 'merger'. As such OTII cannot be copyright. Hubbard stresses repeatedly in associated documents that this is the EXACT wording and cannot be altered.

13) Constitutional concerns: : If a citizen can go to various 'rooms' in courthouses all over the nation (at considerable expense) to view documents from various Scientology cases. And,.if the EXACT same thing was done 'virtually' through the industry of an individual citizen, preparing an accurate rendition of an existing unsealed courthouse document, and placing it in a virtual room, where citizens who were already interested in a single topic, Scientology, assembled regularly to view these documents and discuss them in public.

How can this be denied under the 1st amendment?

If a newsgroup was considered analogous to a 'room', a location for citizens to assemble, a liberty tree, and discuss topics of mutual interest, and 'the right to peacably assemble can not be
denied, then if one of the historical uses for this room was to allow citizens who could not physically travel to courthouses all over the nation, to view public records, then why should this this constitute publishing, rather than free assembly to view a virtual document?

Internet users have to 'enter' this room, they don't just see the document by logging onto the Internet.
Then how is this different from physically going to the courthouse to view it?
There is no difference! One is 'virtually' doing the exact same thing, without the time, expense and inconvenience. And one can receive a 'copy' of the court document. If this act is sanctioned under the first amendment right to free assembly, and prohibited under the Copyright Act, which law is senior? (See Liberty Tree Exhibit HScreed by Arnaldo Lerma in selected postings)

14) It is the informed belief of the Directors of FACTNet including myself that given ample discovery, competently directed, we may document the fraudulent transfer of Hubbard's copyrights to David Miscavige, RTC, ASI , Bridge Publications, and/or other entities . The Court has not been informed about the blank pads with Hubbard's signatures used by David Miscavige or the actual fair market value at the time of transfer, and whether this was paid to his heirs, and how this valuation was determined. The two individuals that I know have knowledge of this, David Miscavige and Patrick Broeker, as well as the surviving members of Hubbard's family are difficult to depose.

III. Scientology's unclean hands towards me
On Tuesday, the 15th of August, (I believe that was the date during a conference with chambers between attorneys at Hogan and Hartsen, the court, and Earl Cooley at approximately
2PM. Earl Cooley expressed that this is the first he knew about Mr. Lerma being a member of the board of FACTNet, and having any insurance coverage to provide a defense. This was during a conference to request a delay of Wednesday's 'Video Deposition' of me by RTC. This fact is of significance because it betrays the true plan of RTC.

On that day, just after the conference to get the delay of the Video deposition, I told attorneys of Hogan and Hartsen, that while the cult was searching my house, I had concluded that they had placed LSD on an electric toothbrush I use. I recounted the following details and was told to "keep my mouth shut" because it would "damage my credibility" and would be impossible to prove.

After the shock of the raid itself, that Saturday morning, I didn't brush my teeth until perhaps Sunday night, drank some water from an open gallon jug of spring water, and then brushed my teeth. Please bear with me. Having suffered from "CFS" Chronic Fatigue Syndrome from some 6 years, I have been only able to muster the physical strength to work intermittently, and suffer from forgetful lapses, and frankly, am just hanging on to the home I have owned for 10 years. Being very tight-fisted with money, I should have replaced the toothbrush head many, many months ago, it is worn, and must be run under hot water, while running, to loosen it up, so it continues to run while brushing one's teeth. This is important, and frankly, this small fact is what saved me. After rinsing it very well under hot water I brushed my teeth and went to bed. About an hour later, I found myself VERY paranoid, and unable to relax. I attributed this, at first, to the extreme stress of the raid, until, some minutes later, I noted how clammy, and sweaty my palms were, and then, with my eyes shut, I began to hallucinate, geometric images
I got out of bed, and then realized, having taken LSD in the 1960's perhaps 10 times, that I had been drugged. I called Kemp Harshman, and described these events, he told me to call the

police and make a report and go to the hospital. . Being 'self-employed', and having gone far into debt already, I had let my hospitalization insurance lapse. So I did not relish a call to the emergency room at 2AM and the billing for what was now obvious to me, as an 'Acid Trip' of mild intensity. The police came, and refused to take a report, not knowing how to 'write it up', a friend who was staying with me at the time, can testify as to these events. A Detective J. M. Moore, of the Arlington County police department, came to my home some time later, and listened to my story. I knew it was 'incredible', so I directed him to some of the affidavits I had scanned and uploaded onto America Online' (not having any archives to place in his hands) and he took the toothbrush and tried to get it tested. His superior refused to authorize the expensive test, without "someone in custody". His phone number was at that time 703 358 4051. I also realized that even if it tested positive, who is to say, I didn't place it there myself to 'frame' the cult'. I also saved a urine sample that to this day is in the back of my refrigerator. The toothbrush is still in the possession of Detective Moore at this date.

I recounted this story some weeks later to Jay Brown at Ross Dixon as well as Attorneys from Faegre and Benson, & they too refused to let me speak.
So I remained silent, for some time, until I learned from Larry Wollershiem, that they had done this to others, Paulette Cooper, (Author of Scandal of Scientology) (and survivor of years of litigation and harassment that culminated in FBI raids of church premises) and another name I don't recall. Paulette has confirmed an incident similar to this, I believe Dennis Erlich has recounted a similar incident, after learning this, one night, in late September, I recounted the
story, 'live', on an Internet chat channel to critics of Scientology, just to unburden myself, so I would feel a bit better. Tom Klemesrud, in litigation with the RTC in the Erlich case, also claims to have been drugged during an incident with the cult.

I haven't taken LSD since the 60's, I'm 45 years old now, I didn't like the effects it had on my
ability to reason, recall and think, I have never suffered a flashback, but I am utterly convinced, that this toothbrush was the vehicle of intended administration. By certain other unmistakable physical symptoms that could not be confused with anything else in the entire universe, but which are very personal in nature, I have a complete, and utter certainty that it was LSD, and it was administered to me by the toothbrush, which I can only assume, was apparently dosed during the raid by agents or employees of RTC, who had the motive, opportunity, and documented record of ability and willingness to do so. To prove this would require that the documents be seized from the RTC as they would no doubt claim to not have a plan for the raid of Lerma's home, which I contend would have been approved by David Miscavige, and the RTC would not willingly divulge this document and if they did would provide an altered copy or fraudulent copy.

"In January of 1980 there was an announcement of a possible raid to be made by the FBI or other law enforcement agencies of the property. Everyone on the property was required by Hubbard's representatives, the Commodore's Messengers, to go through all documents located on the property and "vet" or destroy anything which showed that Hubbard controlled Scientology organizations, retained financial control, or was issuing orders to people at Gilman Hot Springs.
A commercial paper shredder was rented and operated day and night for two weeks to destroy hundreds of thousands of pages of documents."
from appendix to Gerry Armstrong Affidavit,


I then placed the toothbrush in a plastic ziplock bag which I gave to Detective Moore. You cannot imagine the fear I felt, thinking, as the cult certainly intended, that I was 'going crazy', until I realized it was not 'me going crazy' it was LSD, and I thank god that I realized this at that time. Someone who had either never taken it, or lacked the long term memory to recall the effect, would certainly be pushed over the edge.

This brings me back to their plan.
Had I not been too cheap to buy a new toothbrush head, I would not have rinsed the one I used, thoroughly, for so long, in order to get it running, thereby removing most of the drug... I can only imagine the intensity of the experience I might have had, and what a massive dose must have been applied to it, for me to suffer a mild episode, mild enough, for me to realize it had occurred, and keep my wits about me to some extent.

By this action, I feel, that the cult in fact, assumed I would be massively under the influence of LSD Saturday night through Tuesday, and while being in such a state, would have been unable to seek the legal aide I needed to delay the 'Video' deposition they planned for me.

Your Honor, Imagine what that Video Deposition might have looked like, if the man being interrogated, without counsel, by Earl Cooley, had been up for three days after being drugged by a massive dose of LSD - that is, if I was able to show up, at all....
I contend that this was their plan, and it makes sense of their reckless disregard of the terms and limits of the Writ of Seizure. They expected me to be incoherent, have no counsel, and be a raving madman on video.... imagine...

The most compelling evidence I have to prove this scenario, is the recklessness of the RTC's application of the 'intent' of the seizure the court authorized. This was how they expected to get away with such outrageous behavior, in a case whose facts are beyond fantastic, and I contend that the RTC relied upon the unbelievable and fantastic nature of my allegations, that these facts would not be disclosed and if so would not be believed.

Further, after showing a previous rendition of this document to Amy Jones Baskaran of

Arlington Virginia, an Attorney, who was running a video camera on my behalf during the raid
of my home by this cult, after reading the statement above said, "I was wondering why a couple of them spent so much time in your bathroom"

Further, I believe Hubbard states that LSD should be given to enemies before speaking in public. This is from his own writings, available on the Internet, from the seized documents during the FBI's raid in I believe, 1982, and also discussed in a publication that used to be distributed by the Scientology organizations called the 'Brainwashing Manual'. Because this document was written by Hubbard it is considered scripture and cannot be changed.

In an excerpt from "Lonesome Squirrel, a manuscript by Steven Fishman, ex-employee and covert operative of the cult, available on the Web, and note that I just located this for the first time on April 29th 1996

""Why? How is he any different?", I questioned.

"Fred Hare was Ron's personal courier on the Flag Ship Apollo in 1971 and 1972.
He travelled through Europe carrying millions of dollars which was used for Scientology expansion, and not once did he ever lose a single penny of Ron's
money. There was no danger that was too great for Fred Hare to overcome, and he certainly knows how to handle the enemy. I'll tell you what happened one time. There was a psych convention in London, and a notorious electric-shocking, drug pushing, killer psychiatrist from Australia named Harry Bailey was scheduled to speak at
the Portman Hotel in front of about three hundred other evil SPs. The G.O. got the word
that this lunatic suppressive, whose nickname was "Doctor Deep Sleep", was going to
carry on a raving tirade, criticizing and maligning Scientology. The press was there, and we had to stop this psycho from making his speech. Ron was in Saint Hill at the time, and the British Government was causing trouble, trying to revoke his visa. Anyway, just to show you what amazing "confront" Fred had, he disguised himself as a room service attendant in the hotel where this Harry Bailey was staying, and he triumphantly put crystals of LSD into the psychiatrist's toothpaste."

"What happened?", I asked.
"Well, Bailey never made his speech!", Kevin laughed." "

Recently an ex-staff member came forward to recount by phone the following tale of harassment and the use of drugs by the "church" on dissidents. Attached is a true and accurate copy of a tape recorded conversation, in my possession, by Lavenda Van Shaick as Exhibit E. attached

What I did suffer from, was some scrambled memories, and a compromised ability to recall short term events. My short term memory was already bad, due to Chronic Fatigue Syndrome, and I knew this, so I saved everything I read or posted on my computer. And used my computer as my surrogate 'mind'' for short term memory. Assuming that it would always be there, in duplicate, on two hard disks, and many archive diskettes to find if the need arose.

I was mistaken.

Well, their plan was to take away and compromise my brain's memory with the drug. And seize my short-term memory, by taking my computer, and my archive diskettes, and seize the evidence I hoped to preserve, in order to show you that what I did was post a public record document, and not 'stolen property'.
This is the rest of the 'story' your Honor.
And I posted this affidavit to protect the public, and to speak for all those who have already been sent, shivering, into silence. See Exhibit F, Appeal Letter
I assure the court I am speaking from the heart, and what I described herein is exactly how events appear to me.
I wish to state these events, and assure the court, I have no future intent and never had any 'intent' to violate copyright. I mistakenly assumed, after the raid on Dennis Erlich, and evidently was ill-advised that if I confined my activities to open public court records, it would be ok.

And on the basis of the above as well as the massive filings in this case, I beg the court for the opportunity to address these issues and place the rest of this story into the official record, and not allow these facts to be suppressed by either the RTC, or the malpractice of my previous attorneys.. Having spent months in depression, anxiety, and terror over the raid, and litigation, and the horrific thought that these people might actually be able to be after me financially for years, and tied up with the time required to attempt to educate the law firms involved about the 'church', and do what was required of me to attempt to mount a defense, I am now in the hole, financially, so far, it will likely take an act of providence to be made whole again.
Electronic Frontier Foundation advises me that I have a valid claim for violation of my civil rights, regarding the taking of personal e-mails, and abuse of process, however, at this time I have no representation in these matters and addressing them was precluded by the terms of the insurance coverage we had, which would only provide for 'defense', but I expect to have counsel in a matter of weeks to properly address these grave Constitutional issues properly and Statutory issues of the Electronic Communications Privacy Act, in a suit for abuse of process and ECPA statutory violations.
Copies of a less formal rendition of the this document, accompanied by Exhibit F Appeal Letter, and Exhibit B, Radio Interview and diskettes containing copies of the documents in the "sealed box", were mailed to various people, looking for assistance. One reply I received is entered here, as Exhibit G MEMORANDUM RE: CRIMINAL ACTIVITY REPORT from Chief Judge Kovachevich USDC Middle District of Florida where the headquarters for Scientology is.
A closing remark sent to me by the Dutch:
"This is especially so in the United States, where the 'First Amendment" is used to support all manner of evil exploitation in the name of religion. Anyone who pretends to be religious or runs something even faintly related to religion is considered virtually outside the law. The worst aspects of Medieval ecclesiastical policy in Europe has for all practical purposes come back to the United States: the contention that religions are exempted from the claims of law.
Proffessor Aagaard of the Danish Dialog Center
This document is written without any waiver of any of our rights, remedies, all of which are expressly reserved and none of which are waived.

I, Arnaldo Lerma, declare under penalty of perjury that the foregoing is true and correct.
Executed this 20th day of August, 1996.

____________________
Arnaldo Pagliarini Lerma
Arlington, Virginia
page 6

CERTIFICATE OF SERVICE

I hereby certify that the foregoing was served this 20th day of August, 1996 upon counsel for the other parties as follows:

J. Frederick Sinclair, Esq.
910 King Street,
Alexandria, Virginia 22314
(certified mail)

Craig L. Plastrik, Esq.
William Brinks Hofer
Gilson & Lione
2000 K Street N.W.
Suite 200
Washington, D.C. 20006-1809
(certified mail)

Helena K. Kobrin, Esq.
7629 Fulton Avenue
N. Hollywood, Calif 91605
(certified mail)

_____________________________
Arnaldo Pagliarini Lerma



17



IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division



____________________________________
)
RELIGIOUS..TECHNOLOGY CENTER, )
)
Plaintiff, )
v. ) Civil Action No. 95-1107-A
)
ARNALDO PAGLIARINI..LERMA, )
)
)
Defendant, )
)
____________________________________)


O R D E R
_________


The Court has reviewed defendant Lerma's ex parte Request for

Immediate Stay of Proceedings. Because the Court has ruled orally

on the substantive issues of this complex litigation and is within

days of issuing its written opinion, the Request is DENIED. This

civil action will be concluded forthwith. If Mr. LErma has new

issues he wants to litigate, that must be done in a new civil

action in the appropriate forum.

The Clerk is directed to forward copies of this Order to

counsel of record.

Enetered this 21st day of August, 1996.


(signed)
Leonie M. Brinkema
United States District Judge

Alexandria, Virginia