While reading this, note well, this is an organization that claims protection as a "church"

Goto part 2,
Goto part 3,
go back to index

 

CHURCH OF SCIENTOLOGY )
Case No. CV 91 6426 HLH (Tx) INTERNATIONAL, a California)
non-profit religious organization)

DECLARATION OF GRAHAME. BERRY RE DEPOSITION TESTIMONY )
OF GARRY SCARFF IN SUPPORT OF Plaintiff, )
COST BILL FOR DR. GEERTZ'S )
MOTION FOR AWARD OF COSTS, s. )
EXPENSES, ATTORNEY'S FEES AND )
SANCTIONS STEVEN FISHMAN AND UWE GEERTZ, )
Date: APRIL 4, 1994 Defendants. )
Time: 10:00 a.m. ) Courtroom: 7

[Filed and served concurrently with Dr. Geertz's Bill of Costs.]

DECLARATION OF GRAHAM E. BERRY Esq.,

I GRAHAM E. BERRY, declare as follows: 1. I am an attorney at law licensed to practice before all the Courts of the State of California and before this District Court. I am a partner of Lewis, D'Amato, Bristois & Bisgaard, attorneys of record for defendant Uwe Geertz, Ph.D. ("Dr. Geertz"). I have personal knowledge of all the matters set forth herein and if called upon to do so I could and would competently testify thereto under oath. 2. This declaration Concerns the deposition testimony of Garry Scarff and is offered in support of the motion for costs, fees, expenses and sanctions filed by Dr. Geertz. 3. I attended the deposition of Gerry Scarff taken in this action over the course of 17 days during July and August 1993. Attached hereto as Exhibit "A" is a true and correct copy of the exceprts of Mr. Scraff's deposition testimony. The excerpts of testimony are organized into subjects and a table of contents has been prepared and is attached as part of Exhibit "A". In his deposition, Mr. Scraff testified about various criminal and wrongful activities directed by or discussed in the presence of attorney's from the law offfices of Bowles & Moxon including: death threats, Scientology's Fair Game doctrine, plans to kill Cult Awareness Network presidnet Cynthia Kisser and attorney Ford Greene, Threats against witnesses, instructions to commit suicide, misdirecting and misleading investigations and prosecutions of Scientology, the filing of frivolous lawsuits, financial scams, lies and fraud by Scientology and similar activities, all as set forth in Exhibit "A" hereto. 4. The testimony of Garry Scarff is offered to establish that this action is frivolous and that CSI and its counsel have engaged in a pattern of filing frivolous lawsuits to harass and oppress their perceived opponents. I declare under penalty of perjury that the foregoing is true and correct, and that this declaration is executed under the laws of the State of California on March 8, 1994 at Los Angeles, California. Signed Graham E Berry

TABLE OF CONTENTS

CRIMINAL ACTIVITIES DIRECTED BY OR DISCUSSED IN THE PRESENCE OF ATTORNEYS FROM THE LAW OFFICES OF BOWLES & MOXON

Death Threats for Testimony Critical of Scientology.... 1
Death Threats by Eugene Ingram-Fair Game Doctrine............ 2
Plan 100 Scheme-SLAPP Suits Against Cult Awareness Network. 3
Campaign to Incriminate Without Merit Cult Awareness Network 4
Office of Special Affairs Operation attempting to get Criminal Charges Reinstated Against Rick Ross 5
Descnption of "Terrninal" - Person in Chain of Command To Whom One Reports..... 6
Overt Operation Against Cult Awareness Network. Run Conncurrently With Covert Operations Against CAN .... 7 Deliberate Creation of False Declarations to be Used in Litigation Against CAN. 9

Substantiation of Scarff's Relationship With Scientology............. 11

Scarff's Scientologv Operations Against CAN; Scarff Defects from Scientology. ...............12

Ingram Paid Employee of Bowles & Moxon. Scarff Threatened Because of operations against CAN 13

Ingram Threatens Scarff if He Reveals Information About the Church of Scientology: Family Threatened as Well ............15.

Al Post? Threatens Scarff: Scarff Describes Fair Game Doctrine and its current use 19

Scarff Uses His Access to Law Enforcement Data Systems and National Crime Information Computer to Run Names of Perceived Enemies for CSI: Criminal Records Stolen and Destroyed on CSI Orders; Records First Reviewed by Office of Special Affairs-Gwen Mayfield 22

Operation Snow White 26

Operations Avainst CAN Described. 27

Stolen Criminal Documents to be Used to get Cynthia Kisser and Anne Greek Arrested 28

Gwen Mayfield, Director of Special Affairs for the Mission of Davis in Portland. Directs Scarff to go to Courthouse and Steal Court Documents 30

David Butterworth and Eugene Ingram Instruct Scarff to Steal Court Documents; Ingram Threatens Scarff if He Does Not Comply 32

Decription of Ingram Connections Within the Los Angeles Police Department and FBI, anf that These Connections Will be Used to Trump up Charges on Scarff if he Does Not Comply 35

Ingram's Instructions to Steal Given After Threats of Possible Criminal Charges Against Scarff ....... 39

Scarff Directed to Use Law Enforcement Computer Network to Retreive Information About Julie Cristofferson. Her Mother. and Her Attorneys to be Used Against Cristofferson: Cristofferson Sued CSI in 1979 ................................... 40

Books Critical of Scientology Stolen and Destroyed. 42

Operations Against Richard Behar Descibed: Scarff Involved in Financial Scams for CSI: Scarff Directed to Murder Cynthia Kisser of CAN. and Move to Brazil Afterwards 45

Description Given of how CSI Members Hide Out While Fleeing to Avoid Prosecution.................. 53

Murder Conspiracy Directed Against Ford Greene. an Attorney Who Represented Parties Against CSI ....... 54

Bowles & Moxon Part of CSI, Its Offices Located Directly Above Office of Special Affairs 55

Bowles & Moxon Office Inside CSI Building. 57

Timothy Bowles a Member of CSI, Office of Special Affairs 58

Moxon Involved in Operation Snow White and Conspiracy to Murder Cynthia Kisser and Fird Greene 60

Bowles & Moxon to Intervene on Scarff's Behalf Once Ms. Kisser was Murdered 61

Eugene Ingram, David Butterworth. Tim Bowles. Ken Moxon. Mauri Bartilson and Scarff Present at Meeting Where Murder of Ford Greene Discussed: Meeting at Bowles & Moxon Office: Specifics of Murder Discussed; Bartilson took Notes 62

Scarff Confirrns that Tim Bowles was at Meeting When Murder of Ford Greene was Discussed 65

Scarff Works With CSI in Creating Lawsuits Against CAN 66

Conspiracy to Murder Ford Greene I nvolved Ken Moxon. Tim Bowles. Lauri Bartilson. Eugene Ingram and David Butterworth 67

Discrepancy in Declaration Explained 68

David Butterworth Pressures Scarff to Murder Ford Greene 70

Planned Murders of Cynthia Kisser and Ford Greene Discussed; Planned Release of False Information: Scarff Threatened by Ingram 71

Murder of Ford Greene Discussed 73

Scarff Copies Ford Greene's File for Gwen Mayfield. 74

Plan 100 Discussed By David Butterworth - 100 Frivolous Lawsuits to be Filed and Maintiained Against CAN to Bankrupt it 78

CSI's Litigation Stategy of Harrasment to Force Critics into Bankruptcy 80

Scarff Informed by Ingram that Bowles & Moxon Will File for Jonathan Nordchris .. ... 81

Nordchris and Scarff Lawsuits Invented by CSI for its Own Benefit; Tim Bowles Involved in Scarff7s Lawsuit: Other Lawsuits Prepared by Bowles & Moxon Against CAN 82

Bowles & Moxon Recieves Donation from Kristie Alley to maintain plan 100 lawsuits; other contributions sought 90

Tim Bowles & Attorney Mark Seagal of Portland, Oregon, Train Witnesses How To Effectively Lie Under Oath 91

Fair Garne Doctrine 93

Exhibit Introduced Regarding Fair Garne Policy Against CAN 94

Bowles & Moxon Primary Legal Counsel For CSI. 95

Moxon Gloats Over His Never Being Arrested and Convicted by the FBI. 96

Moxon History Discussed 98

CSI has a Witness School Where Scientologists are Taught to Lie Convincingly 99

Judges and Opposing Attorneys Subject to Fair Game doctrine 101

Attorney Michael Flynn Subjected to Fair Game Tactics; Attorney Graham Berry of Our Offices Targeted 102

CSI's Fair Game tactics Against Judges; CSI Compromizes Judge 104

1987 Operanon Against Ford Greene: Compromise. Blackmail or Murder Greene . . . . .. . . . . . . . . . . . . .107

Conspiracy to Murder Cynthia Kisser: Ties to Time Magazine Artlcle 108

CSI's use of Litigation to Harass. Silence and Destroy Critics: Plan 100;

Specific Litigation Ta;ctics - "Paper" Opposing Party to Death: Delaying Tactics . . . . . . . . . . . . . I09

Litigation Used to Bankrupt Opposition, a Specific Goal of CSI's Tactics. 113

policies of L. Ron Hubbard cannot be Changed or Revised After His Death. 115

SLAPP Suits filed to Silence Critics; Fair Game Doctrine:

Current Use of Litigation as Part of Fair Game Doctrine Targeted at Richard Behar .. 116

Use of Nazi Germany Tactics in Its Own Operations 119

CSI Burglarized Opponents, Steal Confidential Files and Infiltrated Government offices . . . 122

CSI Fabricates Declaration to be Used Against Cynthia Kisser: Ingram a Contact for False Declarant - Kathy Lane 123

Corporate Structure of CSI. 124

CSI Surveillance Operations Against CAN Members 126

Timothy Bowles Directs Scarff to Engage in Felony Financial Scam: Gwen Mayfield to be Involved: CSI itself to Receive Benefit of Operation . .. . . . . .127

Mr. Weiner of Bowles & Moxon Misrepresents that His Offices Has Scarff's Files: CSI Discovey Practice is to Release Documents as Long as Bowles & Moxon is the Final Arbitrator on what Information is Released 129

Threatened and Actual Physical Mistreatment of Church Members: Threatened Use of Confidential Files Against Scarff . . . . . . . . . . . . . .132

Planned Murder of Cynthia Kisser; Ingram's Threats Against Scarff. . ............. 136

Timothy Bowles Threatens Scarff With Criminal Prosecution. 137

Bolwes Intimidates Scarff at Deposition in Wisel Case 138

Scraff Confirms that Many Scientology Adherents Have Suffered
Mental or Physical Abuse the Hands of the CSI 141

Gwen Mayfield Instructs Scarff to Steal Monies Donated to Positive Action
Center. an Affiliate of CAN; Scarff Steals 70% of Those Donations 143

Scarff Confirms that Many of the Groups Followers Have Been Accused of Committing Financial Scams 144

Ingram Turns Over Deliberatly False Reports to the FBI. IRS. the Justice Department, the Attorney General's Office and the Postmanset General Rewarding the Alleged Criniinal Activities of CAN 145

Scarff Steals Funds from Positive Action Center. 146

Scarff Explains how Noisy Investigations Operations Carrried Out by CSI - This Includes Telephone Calls to the Victim and Harassment: Surveillance Activities of CSI 147

_ 148

Exhibits of Examples of Operations Against CAN. 149

Obtain Money fror the Benefit of Bowles & Moxon and Office of Special Affairs . . .. . .. . . . .. . . . 150

Vicki Aznaran Leaves Scientology and Descibes Its as a Criminal Organization 151

CSI Carried out Criminal Activities on a Daily Basis 152

Operation Carried Out Against Ford Greene Meant to Destroy His Personal and Professional Integrity 153

Eugene Ingram Creates False Declaration for Jonathan Nordquist in Lawsuit Agamst CAN 154

Merit and at the Behest of CSI 155

CSI Steals Government Stationary to Forge Letters Upon i t 156

CSI Infiltration Into Government Agencies; Infiltration Into IRS and Mailing of Confidential Documents to Scientology Members ..............157

Stealing of Court Records 158

Burglary Methods to Obtain and Steal Documents: Guardian's Office Involvement . .. . .. . . . . . . . . . . . 159

Intelligence Courses of Spying: Brainwashing in Connection With C:SI 160

Scarff's Alibi Visit to Christion Fellowship Church to Cover Role in Planned Murder of Cynthia Kisser 161

Conspiracy to Murder Cynthia Kisser 162

BEHAVIOR INSULTING TO THE WITNESS 163

Scarff Assualted in Portland: Threatened by Timothy Bowles 164

Ingram Blackmails Scarff. 165

Private Investigator for CSI Investigates Scarff. 166

Ingrain Threatens Scarff With Jail if He Failed to Cooperate 167

Ingram Threatens Scarff with Ingram's File on Him. 168

Ingram Threatens Scarff With Criminal Prosecution if He Fails to Cooperate. . . . . . . . . . . . . . . 169

Ingram Threatens Scarff With if He Fails to Cooperate. 171

Ingram Threatens Scarff With Criminal Prosecution With Information Created by Ingram 172

CSI Creates Declarations for Scarff to Discredit , Ingram Threatens to Kill Scarff and His Family 174

Conspriracy to Murder Ford Greene ... ..175

Kisser. . . . . . . . . . . . . ... . . . . . . . . . . . . . 176

CSI's Pattern of Destroying Documents that are Requested by Subpeona: Office of Special Affairs and Bowles and Moxon Pattern 177

David Butterworth and Eugene Ingram Advise Scarff of Their Directive for Him to Kill Cynthia Kisser 178

Eugene Ingram Offers Scarff a Bribe to be Silent on Murder Conspiracy Regarding Cynthia Kisser and Ford Greene 179

Eugene Ingram's Plans to use Scarff as a Witness Offering False Testimony Against CAN . . . . . . . . . . . . . . . . . 181

CSI Involved in Scarff's Frivolous Lawsuit. 182

CSI Ordered Scarff to Murder Cynthia Kisser and Ford Greene. 183

CSI engaged in Fraudulent Activities to Further CS1 Activities. Including Teaching Individuals how to Defraud th U.S. Government of Student Loan Funds: Scarff Ordered to Kill Two Individuals, and then Committ Suicide 184

CSI Routinely Destroys Documents in Order to Evade Prosecutorial or Investigative Actions Against it 185

President of the Church of Scientology Instructs Scarff to Copy Documents from Ford Greene 187

Office of Special Affairs Wiretap Operations and Taping People Without Their Consent as aprt of Fair Garne Doctrine 189

George Robertson Inforrns Scarff of Recording Devices in CAN Mernber's Rooms; Scarff Carries Concealed Tape Recorder to Tape Conversations of Individuals Involved in Litigation Against CSI for Purposes of Incrimination I90

CSI Office of Special Affairs and Bowles & Moxon Involved with Conspiracy to Murder Individuals .......192

Scarff Threatens Rick Ross. a Deprogrammer, at the Direction of David Butterworth . . . . . . . .. . . . . 193

CSI and Bowles & Moxon's Campaign to Trurnp up Charades in Order to have Rick Ross Arrested for Kidnapping 194

Eugene Ingram Procures False Sworn Declaration by Cathy Lane Against Cynthia Kisser 195

Eugeme Ingrain has Scarff Sign False Declaration Under Penalty of Perjury. . . . . . . . . . . . . . . . . . . . . . . 196

Ingram Files False Declaration to State Bar. 198

Eugene Ingram Threatens to Murder Prosecution Witness and Scarff. . . . . . . . . . . . . . . . . . . . . . . 199

CSI. Ingram and David Butterworth Prepare Fraudulent Affidavit for Scarfs 200

David Butterworth, Eugene Ingram and Scarff Discuss Murdering Cynthia Kisser by way of a Staged Car Accident 201

Scarff Directed to Murder Cynthia Kisser. 202

Scarff Flies to Chicago to Murder Cynthia Kisser: Ingram to Provide Alibi 203

Murder Plot Regarding Cynthia Kisser. 205

Scarff Explains Murder Plot of Cynthia Kisser to Reverend Peter Paine: CSI Orders to Murder Kisser on Direction of David Butterworth and Eugene Ingram 206

Eugene Ingrams Directs Scarff to Murder Cynthia Kisser's ~_~ < 208

Plan 100 and Murder Plot of Cynthis Kisser 209

Scarff Believes He Will be Murdered After He Carries Out the CSI Directive on Murdering Cynthia Kisser 210 Eugene Ingram Confirms that CSI has Covered up Murder as Suicide Before. .... .......... 211

Tim Bowles. Kendrick Moxon, Lauri Bartilson. Eugene Ingram and Another Bowles & Moxon Attorney Discuss Setting up Ford Greene for Criminal Charges and Murdering Ford Greene 212

Eugene Ingram and David Butterworth Discuss Setting up Ford Greene for Criminal Charges and Murdering Ford Greene: Meeting Takes Place in Office of Special Affairs Directly Below Offices of Bowles & Moxon 213

Murder Conspiracy Regarding Ford Greene and Cynthia Kisser Discusses 214

Scarff Discusses Personal Threats Made by Eugene Ingram 216

Conspiracy to Murder Ford Greene. 217

Fair Game and Harassment Doctrines Discussed 218

Scarff Pleads Fifth Amendment Regarding CSI Operation in Portland Bank 219

David Butterworth and Eugene Ingram Discuss Murder of Cynthia Kisser and Ford Greene 220

Eugene Ingram Arranges False Declaration of Cathy Lane Regarding Cynthia Kisser 221

Project Quaker-Hiding Individuals Fleeing Prosecution. 223

False declaration of Cathy Lane Regarding Cynthia Kisser 224

Eugene Ingram Obtains False Declaration Under Penalty of Perjury by Curtis Harmon. Who Later Retracts the Declaration ...................... 225

Bowles & Moxon Provide Scarff and Jonathan Nordquist with False Declaration Against CAN 226

Bowles & Moxon Behind all the SLAPP Suits Brought Against the CAN. 227

CAN 173

Glen Barton's SLAPP Lawsuit Against CAN. 228

CSI plans to Destroy all Incriminating Documents. 229

Scarff Meets David Miscavige After Meeting at Bowles & Moxon Where Conspircy to Murder Ford Greene Was Discussed 230

Bowles & Moxon Created Plan 100 Which Direct CSI to File 10\0 SLAPP Lawsuits Against Perceived Enemies 231

Scarff Describes CSI as a Criminal Organization. 232

CSI Engaged in Financial Scams. Conspiracy to Murder Two Individuals. and Suggesting to Scarff that He Commit Suicide 233

Eugene Ingram Involved in CSI Operations Against Steven Fishman 234

David Butterworth and Eugene Ingram Pressure Scarff to Murder Cynthia Kisser and Ford Greene 235

Conspiracy to evade prosecution

CRIMINAL ACTIVITIES DIRECTED BY OR DISCUSSED IN THE PRESENCE OF ATTORNEYS FROM THE LAW OFFICES OF BOWLES & MOXON

Death Threats for Testimony Critical of Scientology.

"MR. BERRY: And why have you requested that security arrangements be in place in this building. "THE WITNESS: Because of the Church of Scientology's Fair Game Doctrine which has been unlawfully used in many ways to intimidate, harass and injure people. It has been used by Scientology members, including by Eugene Ingram, an employee of Tim Bowles, to threaten to murder me and members of my family if I say or do anything whatsoever critical of the Church of Scientology in any legal proceeding. "MR. BERRY: Mr. Scarff, do you know a man called Mr. Gene Ingram? "THE WITNESS: I do." (Deposition of Garry L. Scarff, at p. [12], in. 15 - p. [13], in. 3.)

Death Threats by Eugene Ingram-Fair Game Doctine

'Q. And are you prepared to state your address for record? " A. I am not.

"Q. Is there a reason for that?

A. The Fair Game policy instituted by the Church of Scientology against me.

Q. Do you have any other reasons to substantiate your refusal to state your address on the record? "

A. There have been death threats on my life and the life of my family, and I will not allow the dross to know where I currently live.

"Q. Who made those threats, if you know? "

A. An employee of Bowles & Moxon by the name of Eugene Ingram.

"Q. Have there been occasions on which your home has been visited by people who give you concern to fear for your safety?

A . Yes.

"Q. What is the basis for your concern as to your safety if you put your address on the record here?

A. In addition to the threats which I have received by officials of the Church of Scientology, I have been visited by individuals that I suspect may be involved in the Church of Scientology. People who have come to my door and refused to speak with me until I answered the door and suspicious activity very close to my apartment and people coming asking questions of my neighbors about me, questions that they would not know about unless they were personally intimately involved with me. It is just part of the Fair Game policy instituted by the Church of Scientology against me. And I will not allow you to have my residential address at this time.

"Q. Was there any incident involving vehicles? "

A. Yes. "Q. Could you tell us about that? "

A. I was visited by a gentleman at the front door who knocked on my door. I opened the window of my living room which opens out on to the street level. I asked him what he wanted. He said that I would have to open the door because he needed to speak with me, that he had some papers that he needed to give me. And I heard some whispering and I looked over to the left looking out the screen to the left and I saw a gentleman with his back to the wall next to my door trying to conceal himself. "I also noticed a red van out in the parking lot with a door ajar with an individual in the van looking at my apartment. "At that time I advised the person that I was calling 911. I got on the phone to call 9 l l and I said I am calling the police. The next thing I heard was the van screeching out of the parking lot. The individuals are no longer at my door. The van was taking off at a high speed outside my parking lot. And then I noticed an older car like an Oldsmobile rushing within a few feet behind it out of the parking lot taking off." (Deposition of Garry L. Scarff, at p. [22], in. 18 - p. [24], in. 19.)

Plan 100 Scheme-SLAPP Suits Against Cult Awareness Network.

"Q. Turning now to Exhibit-16 what is Exhibit-16, Mr. Scarff? " A. 16 is a copy of a lawsuit which was part of the OSA, Office of Special Affairs, and Bowles & Moxon's scheme called Plan 100, which was number of SLAPS suits which were filed against the Cult Awareness Network, and this was a lawsuits which Bowles & Moxon had intended to file on my behalf. "THE WITNESS: And on the last page you will notice a Timothy Bowles representing himself as my attorney in this lawsuit. "BY MR. BERRY: "Q. Is there any indication on the top of the documents as to its source? "

A. Yes. This exhibit is actually the second -- I am sorry, the third draft of the complaint. If you notice under the complaint for damages it says Scarff No. 3. At the time it was faxed to me on January 27, 1992 from Bowles & Moxon. "Q. And that appears to be a 13-page document? "

A. It is a 13-page document (Defendant's Exhibit-No. 16 was marked for identification and is bound separately.)" (Deposition of Garry L. Scarff, at p. [49], in. 21 - p. [50], In. 24.)

Campaign to Incriminate Without Merit Cult Awareness Network.

"Q. Now, you referred to a campaign. What did you mean by that? " A. It was another operation against the Cult Awareness Network to incriminate without merit the Cult Awareness Network. "Q. And who conducted this operation? "

A. The Office of Special Affairs in coordination with Bowles & Moxon, in coordination with Eugene Ingram and a number of other individuals that have worked with us. Dr. George Robertson and a slew of other individuals who wanted to see the Cult Awareness Network cease to exist. "Q. Did you actually hear people say that they wanted the Cult Awareness Network to cease to exist? "

A. On many occasions. Many occasions, yes. "Q. And were these people within the Office of Special Affairs? "

A. Office of Special Affairs. Also at Bowles & Moxon. And various Scientology entities throughout the United States that I had contact and association with. (Defendant's Exhibit-No. 66 was marked for identification and is bound separately.) (Deposition of GalTy L. Scarff, at p. [129], in. 18 - p. [130], in. 19.)

Office of Special Affairs Operation attempting to get Criminal Charges Reinstated Against Rick Ross.

"Q. And just so we don't have any misunderstanding, when we refer to OSA through this deposition, are we referring to the Office of Special Affairs of the Church of Scientology Intemational? "

A. We are referring to the Office of Special Affairs, Church of Scientology Intemational, which is formerly known as the Guardian's Office which the church and their public relations has said no longer exists. "Going back to the first letter from Rick Ross. Evidently someone at that conference had taken a copy of my press release and sent it to Rick Ross, and this is a response from Rick Ross basically threatening legal action against me for comments I made in the letter and explaining that some of the infommation I had was not correct. And he sent me Page 2, which is an order from the Superior Court of Washington whereby charges against Mr. Ross had been dismissed without prejudice and I spoke to at that time I believe it was Aaron Mason at Bowles & Moxon about the document. And he told me that Rick Ross was kind of skirting the issue in his letter because when something is dismissed without prejudice it means that it can be refiled again. And that David Butterworth was working on Jason Scott to constantly hammer at the district attorney in the Bellevue, Washington area to get him to reinstate charges against Rick Ross. "Q. Jason Scott is referred to as a cc on the last page of Exhibit-72, correct, above your name? "

A. I don't see that. "Q. The last page of Exhibit-72. The next page. "

A. That's correct. "Q. And did you substantially apply --"

A. This wasn't a cc to them. In the body of the press release, if you notice on Page 5 it says for more information on deprogramming you can contact these individuals, and he is listed as one of these individuals. w Q. You just mentioned Aaron Mason at Bowles & Moxon. Does Jason Scott have a connection with Bowles & Moxon? "

A. I don't know that. I can't speak (Defendant's Exhibit-No. 72 was marked for identification and is ound separately.) (Deposition of Garry L. Scarff, at p. [148], in. 12 - p. [150], in. 11.)

"Description of "Terminal" - Person in Chain of Command To Whom One Reports.

Q. What did you mean by the word sterminal'? " A. A terminal is the person that each person is responsible to answering to as far as getting direct -- getting directives from passing on information. It is a line of communication. Each person has a terminal that they pass information to and any time they have a report to make they pass it to that specific individual who passes it on to another terminal and it goes up like a chain of command. "David Butterworth was a person that I was responsible to for passing on information. Many times when I thought it was okay to pass information on to Gwen Mayfield I found out otherwise because I was chastised for doing so. And it was made very clear to me that my time I had any type of intelligence information that I was to pass this on directly to David Butterworth. And a system had been set up with both David Butter vorth and Eugene Ingram that any phone calls that I made were reimbursed by Bowles & Moxon through Eugene. Therefore, I was constantly in contact with the Office of Special Affairs, and if you were to look at my phone records over the last year, you would see that I had almost daily contact with Mr. Butterworth at the OAS in Los Angeles. "BY MR. BERRY: "Q. Mr. Butterworth you said was your terminal? "

A. That's correct. "Q. He was above you on the command line then, is that right? A. That's correct. (Defendant's Exhibit-No. 73 was marked for identification and is bound separately.)" (Deposition of Garry L. Scarff, at p. [154], in. 25 - p. [156], in. 15.)

Overt Operation Against Cult Awareness Network. Run Conncurrently With Covert Operations Against CAN

"Q. Turning your attention to Page 3, is that your signature on Page 3 of that document? "

A. We are talking about Exhibit-No. --n Q. 78. " A. Yes, that is my signature. " Q. And this is a letter that you mailed yourself to the 500 people that you just spoke about, correct? " A. This is a letter which was created by myself in addition to Mr. Butterworth and Ms. Mayfield which was sent, yes. "Q. Did you have discussions with David Butterworth and Gwen Mayfield regarding the creation and finalization of this letter? "

A. Yes. Like I said before, I was not allowed to mail this letter out until I had the final approval of David Butterworth. " Q. Whose idea was it, if I may use that word, to send this letter in the first place? "

A. David Butterworth. "Q. How do you know that? "

A. Because David Butterworth instructed me that with everything that had been happening, particularly after a number of incidents that resulted out of the church's Fair Game Doctrine against individuals it perceived to be its enemies, that they wanted to kind of blind-side the Cult Awareness Network by promoting dialogue which would be an overt operation and at the same time they would continue their covert operations against the Cult Awareness Network. But that the purpose of this letter was to promote dialogue and hopefully communicate to those families which Mr. Butterworth told me had expressed some opposition to practices and decisions made within the Cult Awareness Network. And if we could reach those families and get those families to rebel and to leave the Cult Awareness Network, it would assist the OSA into working toward their goal of destroying the Cult Awareness Network . "Q. When did Mr. Butterworth tell you all this? "

A. He told me this in July of '92 "Q. Did he tell you this in a telephone call or -- " A. Yes. " Q. -- in person? "

A. No. These were a series of telephone calls both made to my home and to the Mission of Davis where I was at the time. "Q. And did you make any calls to Mr. Butterworth regarding this matter? "

A. Yes. And my telephone records will prove that. "Q. And with regard to the revisions to this letter, how did that process work? "

A. Mr. Butterworth again told me that prior to making any statements with regards to Cynthia Kisser that it needed the approval of Mr. Bowles or another legal within Bowles & Moxoo to make sure that nothing in the content of this letter could be legally held against them. "Q. I understand that but this letter went through several revisions, correct? "

A. It did go through several revisions.

"Q. How did the creation, revision and finalization process work in terms of the letter going backwards and forwards? "

A. Initially it was simply a dialogue letter, but because of the hold that Mr. Butterworth and others felt that Cynthia Kisser had on the Cult Awareness Network because she had been in an authority position within the Cult Awareness Network for many years and had gained the respect of quite a few people, that we needed to formulate a letter which would not only promote dialogue but also show, quote, the truth, end quote, of the lack of integrity that Ms. Kisser has exercised both in her personal and professional life. "And so it was kind of a two-part letter. We had to denigrate Cynthia Kisser but at the same time promote this dialogue.

"Q. Did drafts go back and forth between you and Mr. Butterworth? "

A. Yes, it did. I didn't have a fax machine so I had to go into downtown to Mission of Davis and fax it through Mission of Davis to Mr. Butterworth and he would fax it back to the Mission of Davis for me. " Q. And did there come a point in time where the very final draft of this letter had been approved by Mr. Butterworth? "

A. Yes. "Q. And what happened then? "

A. The letter was sent to 550 plus members of the Cult Awareness Network and their associates. " Q. Did you send that letter to the 500 people? "

A. Yes." (Deposition of Garry L. Scarff, at p. [167], in. 12 - p. [171], in. 4.)

Deliberate Creation of False Declarations to be Used in Litigation Against CAN.

"Q. Moving on to Exhibit-No. 80, that is a two- page document. What is that? "

A. The front copy is a copy of a check I received from Eugene Ingram on August 14th, 1992 for what he refers to as witness fees and expenses. And then the second copy is just an example of the types of things that I sent to Eugene Ingram and asked for reimbursement from. "Q. So the second page is not the expenses that are being reimbursed by the first page? "

A. That's correct. That's correct. "Q. If this is an example of the sort of things that are being reimbursed, what is the notation 'witness fees and expenses' at the bottom of Mr. Ingram's check? "

A. As I have said on record before, I was acting under the scheme of Scientology as the witness, as the suffering witness for Eugene Ingram against the Cult Awareness Network. I was not perceived to be the member of the Church of Scientology doing these things against the Cult Awareness Network. I was the witness. So on every check that he sent me that had absolutely nothing to do with any type of legal process, he would always write there witness fees. " Q. And that was irrespective of the nature of the expense being reimbursed? w

THE WITNESS: That's correct, because Mr. Ingram was an employee of Bowles & Moxon, a law firm, and I was considered a witness for Bowles & Moxon. "Q. You received a number of checks from Mr. Ingram, did you? "

A. Yes. "Q. And what was written in the memo section of those various checks? "THE WITNESS: The memo section was different. There were different explanations on various checks that I received from him. "Q. So it wasn't always witness fees and expenses. Let me back up here. "

A. Let me refer to an earlier exhibit. Looking back to Exhibit-31, for example, dated October 9th of '91, there was an explanation in the memo box which does not, at least from what I can read here, say expense fees. And I don't recall at that time whether I wrote witness fees. "I believe in this example he wrote witness slash and then there was another explanation. And I don't recall what that explanation was. And then on this check it was witness fees plus expenses. "Q. Was Exhibit-31 and Exhibit-32, were those checks presented to you at the time that you prepared the four declarations with Mr. Ingram? "

A. They were payment for me following my signature on the declarations. But they were payment for my role in the deliberate creation of these phony declarations, yes. " Q. And after that Exhibit-16 was created which was the lawsuit that you were to filed against the Cult Awareness Network, correct? "

A. That is correct. "Q. And then Exhibit-80, which we have just been looking at, was after the creation of the draft lawsuit, correct? " A . That ' s correct. (Defendant's Exhibit-No. 80 was marked for identification and is bound separately.)

"Q. Was there more than one occasion in which you received reimbursement from Mr. Ingram? "

A. Monthly. "Q. And what were that reimbursement for? "

A. For witness fees and expenses. "Q. And was that what they were actually for? "

A. No. "Q. What were they for? "

A. Expenses reflected the out-of-pocket expenses that I had in the various operations that I was involved in, whether it be letter writing complaints, phone calls, threatening phone calls to individuals, any type of unlawful activity that may have incurred an expense, Eugene reimbursed me for and I also provided him with receipts, copies of my telephone bills and anything that I could get a receipt on. And then from that he would reimburse me." (Deposition of Garry L. Scarff, at p. [179], ln. 3 - p. [183], in. 13.)

Substantiation of Scarffs Relationship With Scientology.

"Q. Now, turning to Exhibit-81, what is Exhibit-81 or the various things which appear to be photocopied onto Exhibit-81? "

A. These are just things that I provided to Dan Leipold to in part substantiate my relationship with Scientology. It includes the business card of Eugene Ingram. Business card from Henry Kriegel, who is a member of a Montana cult. A business card of Mary Anne Ahmad who is a public relations director of the Church of Scientology in Chicago. And also a letter I received from Mary Anne Ahmad. "Q. By 'letter' you mean a photocopy of an envelope? " A . That's correct. (Defendant's Exhibit-No. 81 was marked for identification and is bound separately.)" (Deposition of Garry L. Scarff, at p. [183], in. 14 - p. [184], in. 6.)

Scarff!'s Scientologv Operations Against CAN; Scarff Defects from Scientologv.

"Q. Exhibit-82, that is a two-page letter unsigned. What is that? "

A. This is a confidential letter that I sent to Cynthia Kisser when I made the decision to defect from the Church of Scientology. "Q. And what was the purpose of that letter? "

A. Purpose of that letter was to offer to speak with her attorneys and to relay a decision on my part to make amends for all the anguish and pain that I caused a number of people as a result of the Scientology operations that I was a part of on behalf of Scientology (Defendant's Exhibit-No. 82 was marked for identification and is bound separately.)

"MR. WEINER: Excuse me, if I can interrupt, I don't believe you asked him anything about the signature. I notice it is not signed. If I may ask is the original of this letter signed? "THE WITNESS: Yes. The original of this was signed "BY MR. BERRY:

"Q. And this was your copy of that letter? "

A. That's correct." (Deposition of Garry L. carff, at p. 184, in. 8 - p. 185, in. 10.)

Ingram Paid Emplovee of Bowles & Moxon: Scarff Threatened Because of Operations Against CAN.

"Q. Does Eugene Ingram work for the law firm of Bowles & Moxon? "

A. Eugene Ingreun represents himself as a private investigator who works for Bowels & Moxon that just happens to represent one of many clients and that one client being the Church of Scientology. That is a deliberate lie and a deliberate misrepresentation meant not only to deceive the public but to deceive the various facets of the judicial and legal system. "Eugene Ingram is a paid employee of Bowles & Moxon which is the in-house law firm for the Church of Scientology. Its attorneys, most whom are members of the Church of Scientology. "MR. BERRY: Once again we will lay the foundation later in this deposition.

"Q. Would those last two sentences on Paragraph 2, are you saying that Mr. Ingram was investigating attorney Daniel Leipold? "

A. Yes. I received a phone call initially from Eugene Ingram telling -- asking me if I received a phone call from the Cult Awareness Network telling me that through his law enforcement sources, sources of which he could not reveal to me, he had learned that the Cult Awareness Network and their attorneys were seeking to have me thrown in prison for crimes committed against the Cult Awareness Network. "I knew because of my conversations with Mr. Leipold this was a lie. That Eugene Ingram was lying to me. And then out of the blue I get a telephone call from George Robertson asking me how the deposition went and I had no deposition. No deposition had occurred at that time. However, I did provide a declaration to Mr. Leipold, and it scared me because Mr. Leipold told me that he had told absolutely no one outside his law firm that he had done the declaration on me, that no one outside his law firm had been notified that he flew to Portland to meet with me on a confidential level. And here Eugene Ingram was saying that he knew everything that was happening, which led me to believe that they were doing surveillance on me and that some type of fair game was going on within the church. "And when I denied to George Robertson that I did any type of deposition, he said -- he made some derogatory comments about the fact that he knew for a fact I did do a deposition with the Cult Awareness Network and that I was Lying. And he became derogatory. But he did admit that Eugene Ingram was investigating me. Q. And according to this letter, is it correct that he told you that Eugene Ingram was investigating the background of Daniel Leipold? A. Yes. "Q And at that time was Daniel Leipold an attorney for the Cult Awareness Network? A. Yes, he was. "Q. And was the Cult Awareness Network, to your knowledge, engaged in litigation against the Church of Scientology? A. Yes, he was. "Q. And was the Church of Scientology in that litigation represented by Bowles & Moxon? "

A. Yes.

"Q. And so is it correct then that Eugene Ingram was investigating Mr. Leipold, the Opposing counsel for Bowles & Moxan? "

A. Yes. (Defendant's Exhibit-No. 91 was marked for identification and is bound separately.)" (Deposition of Garry L. Scarff, at p. 200, in. 16 - p. 203, in. 17.)

Ingram Threatens Scarff if He Reveals Information About the Church of Scientology; Family Threatened as Well.

"Q. Tell me about that phone call that you got from Mr. Ingram that you refer to in this letter. "

A. Again, at this time I was not telling the Church of Scientology that I had left it because I feared the repercussions, and Mr. Ingram called me and said that he knew for a fact that I had contact with the Cult Awareness Network. That he had corroborated through his s ources that Leipold had flown to Portland to interview me. And he demanded to know what conversations I had with Cynthia Kisser, and he called me a liar and said that I underestimated his abilities as a private investigator and he asked me if I can -- if I recall correctly, how I enjoyed a particular meal at a particular restaurant that I went to on I believe it was a Tuesday or Thursday night. And from that I learned from Mr. Ingram that I had been followed and under surveillance by church members to find out what I was up to.

"Q. Was anyone else, according to your conversation with Mr. Ingram, under surveillance by Mr. Ingram? " A. Dan Leipold was also under surveillance. Mr. Ingram advised me at that time that he knew how he -- that someone had done a substantial check with the airlines at the Los Angeles airport and learned how Mr. Leipold came to Portland, what airline he was "rubbing" me out. "Q, Well, when did those other conversations occur with Mr. Ingram? "

A. I received several phone calls after September 17th in which he said that he was going to rub me out. That if he couldn't reach me he would reach my family and kill my parents. Q. Do you recall when each of these conversations were? ''

A. All I can recall is it happened late September, early October, and they stopped approximately a week before the deposition which Mr. Weiner attended. '

Q. Did he call you or did you call him? '

A. No, he called me. Q. With regard to -- were there two phone calls or more than two? '

A. There are two phone calls after this initial phone call. Q. Where were you when he made the first phone call to you? '

A. At home. ' Q. And where was that at that time? '

A. Portland. Q. And what time was that phone call made to you? '

A. This phone call here? Q. No. The second one after that. 'We are talking about three phone calls altogether? '

A. That's correct. '

Q. And the first phone call is reflected by Exhibit-94? '

A. Correct. ' Q. So where were you when that first phone call was made? ' A. I was in my apartment in Portland, Oregon. Q. About what time of the day did you receive that phone call? '

A. This was approximately 4:00 to 4:30 in the afternoon. Q. Now the next phone call, approximately when was that? A. I recall it being late at night. Around 11:00. Between l0:00 and ll:00, I believe. Q. And Mr. Ingram called you? '

A. That's correct. Called me at home. Q. And what was said during that conversation by him and by you? '

A. He said that he had substantiated his claims with his law enforcement sources, that he had sources within the Los Angeles Police Department that worked for him on numerous occasions, and that he had confirmed through them that I had in fact struck a deal with the Cult Awareness Network and that I was blabbing about my experiences in the Church of Scientology. And if I said anything in any type of court hearing detrimental to the Church of icientology, that he would burn me and that he would burn my family. And to me that truly epresented a death threat. Q. Anything else said in that conversation? A. Not that I recall. Q. Now, there was a third conversation I think you said with Mr. Ingram. A. That's correct. Q. And he once again made the call to you? A. He called me at my apartment in Portland, Oregon. on, what flight he was on and so on and so forth. "

Q.And so Mr. Ingram told you in this conversation that he had had Mr. Leipold under surveillance? "

A. Yes.

"Q. And once again Mr. Ingram was working for Bowles as Moxon? "

A. Yes. "

Q. And Mr. Leipold was opposing Bowlers & Moxon in this same litigation? "

A. That's correct. "

Q. By 'sarne litigation' I am not referring to this case but another case. "

A. Yes. "

Q. Now, the next paragraph of that letter refers to -- seems to be a threat against you. can you tell me what you meant when you wrote that and what Mr. Ingram said to you with regard to that, if anything? "

A. When he told me that I was being followed and that I was a liar and that he knew all these things were happening, I told him I was very angry to what I considered to be an invasion of personal privacy. And he told me that it was his job to protect his employer, Bowles & Moxon, and the Church of Scientology and that he would do everything necessary to do that. And that if they, and I assume when Eugene Ingram says 'they,' that he is talking about the Church of Scientology and Bowles & Moxon, ever found out that I had given a deposition against them or if I ever testified against them, that I would wish I was dead.

"Q. What did you take Mr. Ingram to mean by that statement? "

A. That my life would be in mortal danger if I ever spoke out about my experiences and told the truth about my experiences in the Church of Scientology, which is why I asked the L.A.P.D. officer to be present today during this deposition, based on comments like this, which were not the first and not the last comments I received from Mr. Ingram about him

1Q. Approximately when was it? In what period of time in the year was it? "

A. It was approximately a week before the scheduled deposition. "

Q. Would that be October 26, '92 or thereabouts? "

A. Yes.

"Q. About what time of day was the phone call made? "

A. It was around 8:00, 8:30 in the morning.

"Q. What was said during that conversation? As best as you can recall. "

A. Something to the effect that he was going to rub me out.

"Q. And what did you understand that phrase to mean? "

A. That he was going to murder me. At which time I hung up on him and stuck the phone on voice mail.

"Q. And do you consider that to be a threat? "

A. Yes. Definitely. I know he is capable of doing it. "

Q. Do you take that threat seriously? "

A. I did take that threat seriously, and will do everything I have to to protect myself. I need to take a break, please. MR. BERRY: Certainly. (Defendant's Exhibit-No. 94 was marked for identification and is bound separately.) * * *

"Q. Are you ready to proceed? "

A. Yes. "Q Exhibit-94 we have just been dealing with. "You also stated in that letter that you suspected your phone was being tapped; is that correct? "

A. Yes.

"Q. What led you to believe that? "

A. Well, just the fact that Leipold was telling me that he was being very confidential, very sensitive with the information that I was giving him, that no one in the Church of Scientology would have known I was speaking to him whereby the information would come from him or his office. That there had to be other schemes at work. And so I suspected the possibility and I write in the letter, I can't prove it, that my phone is being tapped because Eugene Ingraun also relayed to me that he knew I was talking to Father Kent Burtner and I couldn't understand how he would attain that information. "

Q. Did you have any other basis for believing that Eugene Ingram or the Scientology organization might tap someone's phone? "

A. I had heard about experiences in the past where the Office of Special Affairs had been engaged in wire tapping. But they were just conversations that I had had with people. And there were a number of phone calls I had with people where there was some very audible noises, static, clicking going on and hushed voices, very hushed during conversations I had. So I didn't know whether it was telephone interference or whether I was being bugged.

"Q. When you had these conversations with people in the past about Scientology wire tapping, were these conversations with other members of the Office of Special Affairs? n A . Yes.

"Q. And did those people indicate that the organization had been involved in telephone surveillance? "

A. Yes. In fact George Robertson informed me that the phones at the Sheraton Motel in Oklahoma City, which was the site of the cult awareness conference in 1991, that they knew exactly what phone calls Cynthia Kisser, Patricia Ryan and other officials of the Cult Awareness Network were making out of the hotel. I don't know whether that was true or not but that was the comment he made to me." (Deposition of Gary L. Scarff, at p. [205], in. 20 - p. [215], in. 5.)

End of Part 1 - through Page 32 of 246 pages of detailed testimony. Al Post? threatens Scarff; Scarff Describes Fair Game Doctrine and its Current Use.

"Q. Exhibit-97, what is that? "

A. This is a police report which I filed following a death threat I received on the telephone what would occur if if I flew to Chicago, because I had already been declared as a state's witness in this case. And I received a threatening phone call from someone saying that if I came to Waukegan to testify that I would not leave alive.

"Q. And did you have any suspicion as to who made that phone call? " A. Yes, I did. But I couldn't prove it so I told the police officer who I suspected it to be, but that I had no proof.

"Q. And who did you suspect it to be? "THE WITNESS: A gentleman by the name of Al Post, who was a member of the Christian Fellowship Church

"Q. And was anything else --"

A. Well, only that the police officer that wrote this told me that because of the numerous reports that he had to file on the night that he responded to my call that it took him two to three days after the fact to write this. And I noticed when I got a copy of the report that he got a lot of his information misconstrued because it states on the second page of the police report that 'I am an ex-Church of Scientology member who was a witness in a Scientology sex abuse case' and later it says, 'The Church of Scientology has ties with the' -- wait a second. It makes references to the fact that the Church of Scientology was facing trial for sex abuse charges, and again that information was incorrect.

"Q. And then the last page is a business card of Detective Mark Bigeagle. What was that about? "

A. This had no relationship to the incident report.

"Q. What did the business card relate to then? "

A. Let me look at the date of this just to make sure. It does have some relationship. Let me explain. On -- wait a second. "

Q. Did you have another conversation with the Portland police after this incident report? "

A. This is dated October 24th. Excuse me. "

Q. The incident report was taken by --"

A. I am going to read this first. "

Q. If you look at the bottom, it looks like it was taken by an Officer Bailey. "

A. I am sorry, my information was incorrect here. The voice on the phone sounded like At Post because at the time that I was declared a state's witness in the Waukegan case, I was also preparing for the October 26th deposition with Dan Leipold in which Mr. Weiner represented the Church of Scientology. And I received the death threat on l0/24192. And it sounded like Mr. Post, but wasn't sure. I remember questioning why Post would call me when he has absolutely nothing do with the Church of Scientology, so I wasn't sure. But the person that told -- that called me said that You're swimming in dangerous waters, my friend. Before you give a deposition against Scientology, you better think how much you value your life, my friend.' I asked him what that meant. And he said, How does road kill sound, my friend?' The caller then hung up. "I told the officer that it sounded like Al Post. It was not Eugene Ingram. I know his voice. It was not Eugene Ingram. But this was called in the day before I had the deposition with Mr. Leipold and Mr. Weiner here. "

Q. And is the Christian Fellowship Church associated with the Church of Scientology? "

A. At the time that I was involved, it was at one point. They then broke off relations with the Church of Scientology.

"Q. And when you received this death threat, did you consider it to be part of any Scientology sponsored policy or doctrine? "

A. Well, I knew for a fact it was part of the Fair Game Doctrine, yes.

"Q. What do you mean by Fair Game Doctrine? "

A. Fair Game doctrine is a policy which was initially created by L. Ron Hubbard back in the '60's which is still used today, although the Church of Scientology and its members deliberately lie and say it no longer exists. And it is a policy by which individuals which the Church of Scientology perceives to be its critics and enemies are intimidated, harassed, threatened and anything that would cause a person to be silenced. "Not only myself but a number of my friends who are ex- members and former high-ranking officials of the Church of Scientology have all been targeted under the Fair Game policy and have been threatened and one has even been set up in a staged car accident by the Church of Scientology's Office of Special Affairs. "In the actual policy it states that a target of the Fair Game policy can be lied to, tricked or destroyed. And destroyed is very selff elxplanatory. It gives a Scientologist the approval to murder someone that speaks out or is critical of Scientology.

"Q. Now, the final page of this exhibit is the card of a Detective Bigeagle, B I G E A G L E. "

A. That's correct. This was not included with the October 24th police report. Following the termination of the October 26th deposition which Mr. Weiner says that I was responsible for despite the evidence and facts at that time, Mr. Leipold and I visited with a detective of the Portland Police Bureau, Detective Bigeagle, where we sat down for approximately one and a half hours and we talked to him about the Church of Scientology and its insidious nature and the fact that it is not a church, but a criminal organization, in and out, and we talked about the total circus that Mr. Weiner was responsible for at the deposition and how that played into the entire Scientology scheme to suppress me and other individuals that are critical towards it. And we asked for police protection." (Deposition of Garry L. Scarff, at p. 223, in. 14 - p. 229, in. 4.)

"Q. Mr. Scarff, turning your attention to Exhibit-165, did you create that document? "

A. I did create this document. "Q. When did you create it? "

A. I created this document yesterday. "Q. And did you create it on your own or was anyone present? "

A. No one was present in the room and I created this on my own and it is a factual documentation of the activities that I have been involved in and that I have personal knowledge of existing within the Church of Scientology International by its entities, Bowles & Moxon and the Office of Special Affairs in Los Angeles as well as other offices of the Offices of Special Affairs throughout the country. "Q. And are you making this list out o f your testimony in this case? "

A. I stipulated that it would be a part of my exhibits, yes. "MR. BERRY: we will come back to this list shortly.

Defendant's Exhibit-No. 165 was marked for identification and is bound separately.) (Deposition of Garry L. Scarff, at p. 289, in. 8 - p. 290, in. 7.)

Scarff Uses His Access to Law Enforcement Data Systems and National Crime Information Computer to Run Names of Perceived Enemies for CSI; Criminal Records Stolen and Destroyed on CSI Orders; Records First Reviewed by Office Of Special Affairs Gwen Mayfield.

"Q. Mr. Scarff, before we return to the authentication of documents in this case, I would like to turn back to Exhibit-165 and the list that you prepared. I appreciate that we will deal with some of these or all of these matters when we get to taking your testimony as to the events in chronological order. But for the moment I would like to briefly go through this list and have you briefly indicate what activities and when constitute each of the items on the list. Item I on the list is stealing documents. What do you mean by that statement? "

A. During the time that I was working for the Office of Special Affairs and even prior to the time I was working for the Office of Special Affairs through the Mission of Davis, Church of Scientology in Portland, Oregon I was directed to compromise my job back in 1982 and in several jobs since that time in stealing official records which would be beneficial to the Church of Scientology. "The first date that I can relate to is in 1982 to 1984 when I was a student employed with Multnomah County Corrections Division in Portland, Oregon in which I had access to the crime computer that is used by law enforcement agencies and judicial agencies. "The computer system is referred to as LEDS/NCIC, which stands for Law Enforcement Data Systems and National Crime Information Computer. "And during this time I was directed to run searches on any criminal records of individuals that were provided to me by the Church of Scientology on a written list. And it was my understanding at the time that these individuals were perceived as enemies of the Church of Scientology and the church were interested in knowing what types of information law enforcement had on each one of these individuals. "I received this information from the computer, made computer printouts on these individuals which not only included name, birth date, birth information and criminal information, crimes which people had been convicted of, but also files entitled variable records which means any noncriminal conduct whereby this person has had any conduct -- I am sorry, any contact whatsoever with any law enforcement entity whether that be the local police, the FBI, anyone in a law enforcement capacity. And I provided numerous printouts on numerous individuals for the Church of Scientology. It is my understanding that these printouts were mail packed down to CSI in Los Angeles. "At that time in 1982 to '84 I was not aware of what the Guardians office was or what the Office of Special Affairs was. I was simply told that these records made their ways down to Los Angeles to the mother church. "Q. And was there a reason why you engaged in this activity? w

A. I was directed to do it. "Q. And who directed you to do it? "

A. Members of the Church of Scientology, officials working out of the Mission of Davis. "Q. Who were those officials? "

A. One official was John Carmichael and this is the person that I answered to, Elena Arnold and other people that they basically directed me to speak with that could tell me what records l they wanted, but names that I just don't recall. It has been over 11 years now. l "Q. Was John Carmichael your terminal at the time? l "

A. Yes, he was. l "Q. And what were the official capacities of Carmichael and Elena at the Office of Special l Affairs in Portland at that time? "

A. I can only tell you what they told me. John Carmichael told me that he was in charge of all public affairs with regards to the church media relations. Anything that involved the church and its public image. Elena Arnold was a recruiter, a registrar with the church, a course registrar, and it was my understanding that Elena was in charge of recruiting people for the introductory courses of Scientology and in charge of utilizing the staff and helping the staff to sell the courses and the services of the Church of Scientology through the Mission of Davis.

"Q. And how did you come to get involved in this activity on behalf of the church? "

A. I was directed to do so. They knew that I was working with Multnomah County in a capacity of an office clerk and I was working -- and that I had access to computers. "Several times when I went to the Mission of Davis I talked about how much I enjoyed my work, because at that time I was working in the capacity with corrections officers in an office called Pre-Trial Release which is also referred to as Recognizance in some cities. "And my job required me to interview inmates that could be trusted to be released in lieu of bail on recognizance and part of my job required me to run search records on these individuals to make sure there was no outstanding warrants on these individuals in either Oregon or other states, because if a warrant did exist then they would not be released, of course. "And I told people through my counselors, just people that I met at the Mission of Davis, that I really enjoyed my job because not only was it so technical but because I got to talk to inmates and I felt I was making a positive impact in helping inmates. "And it came to me in at least two conversations that I could really help the Church of Scientology out, but they weren't specific as to why they wanted the records or what they were going to do with them. So I simply did it. "In the Church of Scientology when someone gives you a direct order you do not disobey it or you are punished. b Q. What form can that punishment take? "

A. It is referred to as the RPF, the Rehabilitation Project Force. And you're basically reduced to a slave laborer in various activities that they deem that you should do, whether it is cleaning toilets. "They brand you. you are required to wear a maintenance uniform, a blue maintenance uniform which marks you as an RPF individual. You are put on a very poor diet. At that time it was rice beans and water. They mistreat you. It is just a very punishing activity. And anyone that is on RPF knows they are being punished. "Although the Church of Scientology would like you to believe, like in the military, it is simply a means of constructive rehabilitation or a constructive discipline. But it in fact is punishment. And I don't know of any person that has ever been on RPF that said it was a positive and an enlightening experience. And I know of individuals who have when on RPF that have said they still shudder from the experiences they had on RPF. It still bothers them. 23

"Q. What is your understanding as to whether RPF is a voluntary or unvoluntary exercise? "

A. It is like I would just compare it to the U.S. Marine Corps. If a marine officer gives you a direct order and you tell him to fuck off, you know what the punishment is going to be. "That is the same thing with the RPF. If you do not submit to RPF as you are ordered to do there is further and more drastic punishment rendered against you. It is a very involuntary --I don't know anyone who has ever volunteered for RPF. If you talk to anyone in the Church of Scientology about RPF you will never hear anyone say they look forward to attending RPF. It is just not said. "Q. In 1982 when you were engaged in the LEDS NCIC activity, were you aware of the existence of RPF? "

A. Yes, I was. "Q. Now, the second item, and I will come back when we deal chronologically to your testimony to some of this material, but the second item on your list is stealing court records. "

A. Yes. "Q. What did you mean by that statement? "

A. In 1991 and early last year, 1992, I was assigned an operation to go into the Multnomah County courthouse which I was advised by David Butterworth, the director of the Office of Special Affairs here in Los Angeles, was a nationwide effort by Scientology entities to remove all court files that related to any type of Scientology litigation. Anything that was accessible to the public. "I was instructed to go into the Multnomah County courthouse, pull anything that were in the files, anything that I could get on microfiche and walk out of the courthouse with the records and destroy them so there was no record at the courthouse of Scientology based litigation. "There were two files, two cases that I specifically rememoer that I destroyed, although I don't recall the specific names, only the cases. One dealt with a young man who died while undergoing an exercise within the Church of Scientology and that the parents of this individual sued the Church of Scientology for this death which they considered to be unresponsible or irresponsible. Another case that I destroyed dealt with two members of the Church of Scientology that left and then filed suit against the Church of Scientology as disciplining a member being called the western division. And that these individuals sought a full refund for the money they spent in the Church of Scientology and how Scientology reacted to their lawsuit. There was also records referring a gentleman who had been deprogrammed by the name of Jim Boland and one of the private investigators for the Church of Scientology by the name of John Gaw had come to Portland and gotten his declaration which the church intended to use as a means to incriminate the Cult Awareness Network. "And I stole all of the records pertaining to Jim Boland reflective of the case in which he was the victim of sex abuse by his parish priest, the parish priest bing Fr. Thomas Laughlin, and now all records pertaining to Thomas Laughlin are no longer at the courthouse. "Prior to these records being destroyed they were reviewed by the Church of Scientology and I don't -- I left them at the church. I don't know what they did with them, but they were eventually turned to me and I destroyed them. Why they did it that way, I don't know. Why they didn't destroy them themselves, I don't know.

Q. Who, if anyone, did you give them to at the church? "

A. Gwen Mayfield, who is the director of the Office of Special Affairs. Also Angie Mann, who is her assistant. " Q. When did you give these documents to Gwen and Angie? "

A. This would occur between November of '91 and the spring of '92. "Q. And were these documents just the ones relating to Jim Boland or were they relating to the other several files that you spoke about? " A. Anything that I could get from the courthouse dealing with the Church of Scientology. Anything. There were some documents I could not retrieve because they were in the archives and there were some on microfilm and microfiche that I could not retrieve. "Q. So on how many occasions did you go to the courthouse to retrieve documents? l "

A. Approximately at least five times. I would say five to six times. | "Q. After each occasion would the documents that you retrieved then be given to either Gwen l or Angie? l "

A. I was specifically told to stick them in a brown envelope, seal the envelope, tape the envelope and then write on their OSAGM, for eyes only, which is a Scientology term meaning confidential. For eye's only. They know when there is a document that says eye's only that a receptionist is not entitled to open it up and see that it is regular mail. "Q. What does the phrase wOSAGM mean? "

A. OSA, when I put it on the envelope? "Q. Yes. "

A. OSA is Office of Special Affairs. GM is the initials for Gwen Mayfield. I would write on the envelope OSA or OSA: Gwen Mayfield. "Q. Who told you to do this? A. Gwen Mayfield, David Butterworth, Eugene Ingram. "Q. Can you tell me when as accurately as you can you received instructions to engage in this activity by David Butterworth, Gene Ingram and Gwen Mayfield? Let's start with David Butterworth. "

A. I can't give you specific dates because this was an everyday operation within the Church of Scientology. This was not one specific operation. It was always ongoing. Whenever I had a time to do it, it was something I did on a routine basis. When you work within the OSA and you do any type of project for the OSA it becomes ingrained in your psyche that it is something that has to be done on a daily basis. It is like a daily routing out of the negative. And it was recently following my providing declarations to Eugene Ingram that Eugene Ingram told me that for me to escape any type of civil or criminal liability that Bowles & Moxon had planned to bring upon me, that he advised me that if I did not follow his directives and the directives of David Butterworth as they gave them to me, then there would be punishment. And it was simply after that that I starting doing these things at their request." (Deposition of Gerry L. Scarff, at p. 291, in. 14 - p. 303, in. 3.)

Operation Snow White.

"Q. Have you ever heard of a Scientology operation known as Operation Snow White? "

A. I ever heard of it, yes. " Q. Did you have any understanding as to whether this was part of Operation Snow White?

A. It is my understanding that Operation Snow White occurred back in the time when the 11 members of the Church of Scientology were arrested and convicted on federal crimes and sent to prison. I dont recall hearing this operation as being referred to as Snow White, no (deposition of Gary Scarff, at p 303, lns 4-14)

Operation Against CAN Described.

"Q. Going back to receiving instructions to engage in this activity, I would like you to try and recall the various instructions you received from David Butterworth, what you recall what was said in the conversations. "

A. I am sorry. Say that again. If you are asking me to repeat every conversation with David Butterworth, I can't do that because if you look at my telephone bills, I was talking to David Butterworth approximately 100, 150 times a month on a twice or more daily basis. I am sorry. I am not that smart. HQ. What I would like you to try to remember is any conversations in which David Butterworth gave you instructions to pull particular court files. "

A. There was a discussion that David Butterworth had -- he called me and he told me that they wanted to retrieve Jim Boland's declaration SO they can use that to prove that there was a strong connection between the Cult Awareness Network and involuntary deprogramming because the Church of Scientology has long said that the Cult Awareness Network is a hate organization and that they coordinate deprogramming although the Cult Awareness does not do that. "And they felt like in Jim Boland's declaration that it would be the proof to show that because Anne Greek was at that time a Vice-President of the Cult Awareness Network, and that Anne Greek was involved in this deprogramming that it would show the direct connection between the Cult Awareness Network and unlawful deprogramming. And I was told to pull every record I could find on the sex abuse incident concerning Mr. Boland, because Mr. Boland has stated in his declaration that Anne Greek was one of his counselors following the sex abuse by this priest. And she also acted in the capacity of a counselor to him when the parents became disturbed over his behaviors following his joining a fundamentalist Christian church. And in my declaration that I provided for the Church of Scientology we, in the OSA wanted to provide the distorted and misrepresented viewpoint that the only reason Anne Greek had detained Mr. Boland unlawfully and had him deprogrammed was to force him to become a Catholic again. And that there was no integrity in this deprogramming whatsoever. And we wanted to give the distorted impression that this deprogramming was simply another incidence of abuse perpetuated against an innocent individual and that the unlawful deprogramming had no integrity in it thereby incriminating not only Anne Greek but the Cult Awareness Network. Q. When you say 'we' to whom did you refer? A. I am referring to Eugene Ingram who stated numerous times both verbally and on record as reflected in numerous letters that he sent to law enforcement and judicial agencies that I was a witness or a, quote, 'legal witness' for him. David Butterworth, who was my terminal who I answered to, and Gwen Mayfield, whom Mr. Butterworth told me I needed to work with on local issues, because Gwen Mayfield was the director of special affairs for the Portland entity of the church." (Deposition of Garry L. Scarff, at p. 303, in. 15 - p. 306, in. 8.)

Stolen Criminal Documents to be Used to Get Cynthia Kisser and Anne Greek Arrested

"Q. Now, can you recall any conversations with Gene Ingram relating to the destruction of court documents which you have just been referring to? "

A. Only with regards to Jim Boland's case. And that we would be able to use these documents to get Cynthia Kisser arrested and Anne Greek arrested for their activities. "Q. Do you recall when that conversation took place approximately? Let's start with the year. "

A. I want to say the spring of '92. It occurred within a week prior to John Gaw coming to Portland. "Q. Do you mean '93 or '92? n A. '92. I am sorry. "Q. Because you had already left --"

A. That's right. I left in September of 1992. I would have to look at Jim Boland's declaration and see when he signed it but it occurred like within two weeks of him signing this declaration. Because I had been told at the time by both Mr. Ingram and Mr. Butterworth that there was not any money available for anyone from the church in Los Angeles to fly to Portland to get Mr. Boland's declaration. "And why they chose to lie to me, I don't know. But I found out later from Gwen Mayfield at the time when I was still asking Mr. Ingram when he was coming up to get Mr. Boland's declaration that in fact Mr. Gaw had already gotten his declaration and then they sent me a copy of the declaration. And when I called David Butterworth and asked him why he saw it necessary to lie to me and tell me that it wasn't taking place, he told me that I would be distracted too much from doing the operations that they felt were more important. And I needed to focus on doing those cycles and getting those out of the way before I take on something else. "Q. And the exhibits you are referring to, the declarations of Jim Boland, are they Exhibits-68 and 69? "

A. There are actually three declarations. One is my declaration. Another is Jim Boland's declaration and Jim Boland provided a third one in which he disputes certain things in my declaration. What number was that? " Q. Exhibit-68 and 69 have been previously identified as d eclarations given by Jim Boland and they both appear to have been -- well, turning to 68 and 69, on both of those declarations is there anything that refreshes your recollection as to when conversations with Eugene Ingram that you referred to might have occurred? "

A. It would have been the first week of April of '92. I don't recall specifically the date, no. But --

"Q. And what is the date of the declarations of Boland that you were referring to? " A. The Boland -- both declarations are signed April 12th, 1992 in if State of Oregon. " Q. You also refer to a declaration given by you. "

A. That's correct. "Q. Is that part of this record? "

A. Yes. It is Exhibit-No. 67. And it is dated April 7th of 1992.

28

"Q. Would that have been in the spring of 1992? "

A. Right -- well, I am sorry. It says spring of '93. That's when I seem to remember this event occurred. "Q. You testified that you thought the conversation with Ingram took place in the spring of 1992. Are these declarations to which have been referring around the time of spring 1992? "

A. Yes. April of 1992. I assume the spring." (Deposition of Garry L. Scarff, at p. 306, in. 9 - p. 309, in. 12.)

Gwen Mavfield, Director of Special Affairs for the Mission of Davis in Portland, Directs Scarff to go to Courthouse and Steal Court Documents.

"Q. Now, referring to Gwen Mayfield, do you recall any conversations which you had with her regarding the activity that you testified to in relation to the destruction of court documents? "

A. I was speaking with Gwen practically on an everyday basis. Could you be more specific.

"Q. Do you recall any specific conversations you had in which she may have told you to go to the courthouse and steal court records? If there is a number which all merge together, perhaps you could summarize that number. b

A. Like I said before, there were numerous conversations between me and all parties that I have mentioned on record already. I do recall her at one time challenging some of the information in the records, if that's what you are looking for, where she said that the judges in the cases were biased and that the people who filed these lawsuits were nuts and that anything that's not valid should not even belong in the Court record and so it was necessary to get rid of that information. But I don't -- and I would say that was around the spring time of 1992 too. It was during the time that I was actively involved in a Scientology letter writing campaign to various people and there was a lot going on at that time which has been documented in the exhibits.

"Q. As a result of her saying the information needed to be gotten rid of, or words to that effect, do you perceive that you received certain instructions from her? "

A. Yes. It was different. Because Gwen Mayfield talked on a daily basis with David Butterworth. Gwen Mayfield had a twofold job. Actually a threefold job. she was not only the Director of Special Affairs for the Mission of Davis in Portland, she also was in charge of some financial affairs within the Mission of Davis. She was in charge of Workers' Compensation. She was in charge of payroll, if that's what you want to call it. " And she had other matters. And she often was under strain and stress within the Church of Scientology because she had all this time that needed to be devoted to her local duties but she was also receiving directives from David Butterworth in Los Angeles often in the form of a fax. And I was getting phone calls on a daily basis from Gwen Mayfield. 'Can you come down here or if you can't we will send a messenger to your home because there is a fax here "For Eyes Only" from David Butterworth and he was sending directives.' there were several occasions in which I had to call Mr. Butterworth and inform him that I was not getting the cooperation that I needed from Ms. Mayfield or Mrs. Mann and it became apparent several hours later after I complained that they got the message back from Mr. Butterworth because of the hostile responses I received from them. wSo I don't mean to get off the record here, but there were numerous conversations with Gwen. There were numerous faxes coming to me that were being messengered or couriered to my home. I was making a lot of visits to COSMOD, particularly during the nighttime after spending the day at the Mission. I had to go home and come back and pick up faxes. And there was a coffee shop next door that Gwen Mayfield and I made quite a bit of use out of for our private conversations. "This mostly occurred within between the months of January and July of '92." (Deposition of Gaerry L. Scarff, at p. 309, ln.13 - p. 312, ln 11.)

David Butterworth and Eugene Ingrain Instruct Scarff to Steal Court Documents; Ingram Threatens Scarfs if He Does Not Complv.

"Q. And what was your reason for carrying out the instructions of David Butterworth, Eugene Ingram and Gwen Mayfield with regard to this activity, the activities of stealing court records? "

A. You're talking about what dates? "Q. No. I am talking about why you followed those instructions. A. Because following the meeting that I received from Eugene Ingram in October of 1991 where he visited me without notice, he pushed his way into my apartment and he told me in very specific terms that if I did not cooperate fully with him and with the Church of Scientology, particularly the Office of Special Affairs, that Bowles & Moxon was prepared to send me to prison and they would also take civil actions against me and it was the duress and the threats and the combination of both that initially made me decide to cooperate with them. "And it was later through some intimate conversations I had with Mr. Butterworth in Oklahoma City during the CAN Conference that I chose to simply surrender my life to Scientology and I was willing to do anything that they directed me to do, not only in fear of going to prison but the fear of being sued by Bowles & Moxon because I know of the past and I know of the reputation of Bowles & Moxon, on behalf of Scientology with going after people they perceive to be their enemies and I knew that they were in a position to destroy me financially and to make my life a living hell. "One of the phrases that you hear quite a bit within the Church of Scientology is that we are going to make people go insane " And I knew that they could do that simply through the tactics that they use, which in part have been evidenced during this deposition. And I felt that I had no recourse but to cooperate fully and then as I became more intimate as a friend with Mr. Butterworth, Mr. Butterworth said he really cared about me as an individual, I was duped. I really believed that Mr. Butterworth cared for me. I met with him in Oklahoma City in November of 1991 during the disruption campaign against the Cult Awareness Network conference and I specifically asked him at one time what do I needed to do in order to receive the full forgiveness of the Church of Scientology. "And he said if L. Ron Hubbard was alive today he would be very happy to have me by his side because I was meeting the conditions necessary to amend the incidents of my past and that if I continued to do as I was told, then everything would be okay.

"Q. During your declaration under oath you gave lengthy testimony about this meeting with Eugene Ingram. Do you still stand by that testimony? "

A. You are talking about both at the Red Lion in Portland, his creation of phony documents?

"Q. Yes. " A. His telling me -- in fact after an argument with his telling me that because this declaration which was created was being s igned by a notary public, which was not a court officer, and therefore, would not be perceived or authenticated as sworn testimony, that by signing this declaration under, quote, penalty of penury unquote, was basically null and void because it was being witnessed by a nonjudicial officer and I was not sworn prior to making this declaration."That it was simply part of the game that Scientology was willing to play against the Cult Awareness Network. Yes, I stand fully by that. I was misled. I was duped. Eugene l Ingram lied to me. "I found out after the fact that any document I signed under Penalty of perjury" is a legal document that can be used against me and I was told otherwise by Eugene Ingram who represented himself to me as a former long time Los Angeles police officer who was honorably discharged from the LAPX and a private investigator for the Church of Scientology. "I also found out that the comments made to me by Mr. Ingram about his, quote, honorable discharge from the Los Angeles Police Department were also a lie. That Mr. Ingram has a very corrupt and dishonorable record with the Los Angeles Police Department.

"Q. Was it about this time that you also received a letter from Bowles & Moxon identifying Mr. Ingram as an investigator for Bowles & Moxon? " A. Yes, it is. And just prior to that, receiving that letter and the reason that letter came to me is Eugene tried to convince me that I could trust him and I had some reservations about whether I could trust somebody who, one, visits me unannounced, two, pushes his way into my apartment; three, when I told him that I had to go to work he didn't care. He simply felt r that the information was necessary at that time to talk with him about this case. Jo "Four, when I told him that I was going to go to work at this hotel and that I would meet with him once I got off work and even offered to speak with him after I got off work about midnight, that Mr. Ingram chose to check into the motel where I was working. "Five, he came out into the work area where I came in after a run. I was a shuttle van driver, and proceeded to stepping onto my van and stayed in the van during the entire shift that I was working despite the numerous guests that were inside the van which caused the security office and my boss to question who this man was and what he was doing in the van. wAnd six, Mr. Ingram told me that he had received approval from the manager of the hotel to accompany me during my entire work shift. And according to my manager at the tirne, Brian Huitt, that was not the case. That Mr. Ingram never approached the manager. It turned out to be another lie that Mr. Ingram perpetuated so to harass me on the job.

"Q. Turning your attention to what has been previously marked as Exhibit-30 in this deposition, a one-page letter from Bowles & Moxon to you dated October 4, 1991 signed by Tim Bowles, is that the letter to which you just referred? " A. Yes. Again just prior to this letter Mr. Ingram tried not to provide me this letter. He said, 'You can trust me. All you have to do is look at the Time Magazine article dated May 6th of 1991 which provides a negative view of Scientology.' And he said within this article there was a side bar which refers to him. And he said, 'This will prove to you if, in fact, you believe what Time Magazine is relaying to its readers that I am who I say I am.' "And I said, ' That's not good enough. You are threatening to throw me in prison. You are threatening to sue nce and I am not going to cooperate if I don't have some type of immunity Q. And--

" A. And Mr. Ingram said, 'Fine, I will get a letter from Bowles & Moxon.' "And then he came up with this letter and I said, sWell, I can't sign or I cannot agree to this letter because you have noted in the letter that this is a lawful background investigation when in fact you are perpetuating this, what I call fraud.' "And he said, 'Don't worry about it. It is just for the benefit of the people from the Cult

Decription of Ingram Connections Within the Los Angeles Police Department and FBI, and that These Connections Will be Used to Trump up Charges on Scarff if he Does Not Comply.

"Q. You referred to Ingram threatening to have you thrown into jail. "

A. That's correct.

"Q. Did you have an understanding as to how he was going to achieve that? "

A. He told me several things. One, he spoke of his honorable standing within the Los Angeles Police Department, that he had a lot of persons that he counted on to assist him in his work which were Los Angeles police officers, FBI and that he had this whole cadre of law enforcement people behind him, and that if not in a legitimate manner, that he would be able to trump up charges against me which would result in my arrest, conviction and imprisonment because I would have absolutely no one to back me up or to support me and that I knew better than to cross him. eAnd given what I knew about the church and particularly how it came down on Julie Christofferson in 1985 and '79, I knew what he was telling me was correct. "

Q. And what about your previous activity with regard to the LEDS NCIC computer, was Ingram aware of that? w

A. Very much so. In fact he told me that he had everything on me. He had all my PC folders. He had everything that I have told anybody in a confidential manner dating back to 1976, when I first met up with Scientology. He even asked me 'Do you recall a conversation that you had with a waitress in 1976?' "And I said, 'No.' "And he said, "Do you recall the Italian restaurant the very first job you had when you came to Oregon?" "And I said, 'Yes, it was an Italian restaurant and I was a busboy, but I don't recall any type of conversation with the waitress.' then said, 'Well, you had a conversation with the waitress whereby someone provided you a pamphlet on the street and you were talking about some negative information you had heard about the church on the pamphlet which turned out to be the Church of Scientology.' The waitress turned out to be a Scientologist and she filed a knowledge report on me about some comments that I made with regard to that pamphlet. "And he that knowledge report he had it in his file and that my file read like an encyclopedia. And that he had every confidential report on me including the numerous conversations I had with the counselor who told me at the time that it was covered by the Privacy Act and it was confidential regarding things that happened in my past which I was embarrassed about.

"Q. Was this a counselor with the Church of Scientology? "

A. Yes. This is someone that I trusted to be a counselor that could help me that guaranteed me that anything that I told her would be held confidential and not go beyond her office.

"Q. Do you recall who she was? "

A. I don't recall the name of the specific person I spoke to, no.

"Q. Did you are you familiar with a phrase "auditing"? "

A . Yes.

"Q. Were the counseling sessions anything to do with auditing? "

A. No. Not initially The initial counseling I had was simply to guide me in what courses would help me out initially. And one was a communications course that I had taken and then later it got into auditing.

"Q. And we will deal with this later. "

A. Which were a series of exercises. It wasn't really counseling. It was exercises that they said would help me to become clear.

"Q. Is "clear" a Scientology term? "

A. Yes. It means that you are free of your reactive mind.

"Q. What is a reactive mind? "

A. In the Church of Scientology philosophy you have what is considered the analytical mind which is an ability to confront your tensions, your problems and to deal with it from a very strong healthy standpoint. And simply deal with those problems as they come. " A reactive mind within the Church of Scientology is that instance when your mind reacts or restimulates itself to something that happened in the past. For example, if I had a car accident, my mind acts like a camera and it takes a picture of that car accident and it forms a number of mental images within my mind and it is buried within my subconscious. wAnd if I was ever to walk across the street and saw a car dodging toward me and I reacted and suffered from that experience emotionally, that acted as a restimulation to my reactive mind. I was reacting to that incident. And they told me that because of this reactive mind that I needed to be cleared of those engrams that were causing all those things to happen, that I needed to be free of those engrams or I would never be cleared to the point where I could function healthily and exist in life in a very healthy manner.

"Q. Did some of this activity take place within the auditing exercise? "

A. Yes. I recall a specific exercise where I had told them I attended a show or I was -- it was going back to the time that I was in the service and that I had attended a USO show and there was a snake handler there and he had a bull snake in his hand and how much I freaked out at seeing the sight of a snake because when I lived in Florida I had been bitten by a rattlesnake. And I remember the experience and every time I saw a snake it freaked me out. "I also recall telling this auditor how any time I saw a snake shed its skin it had such a negative impact on me that I would not eat bread for years because I saw bread as the skin of a snake. I made that mental connection. And how I freaked out every time I saw a snake. And they told me that auditing would be able to help me route out that negative reaction that I was carrying around with me and would bring me to a point where I could pick up a snake and kiss it and hold it and fondle it and it would have no impact on me whatsoever.

"Q. And was the information imparted by you during auditing sessions private or public information? "

A. I was told it was private. That was between me and my auditor.

"Q. Did you ever give any information to auditors regarding a very personal past experiences?

A . Yes.

"Q. And when you had this conversation in Portland in or around October 4, 1991 with Gene Ingram was it your impression that he knew of any of these records? "

A. He definitely knew because he told me that he wanted to take some of those experiences and utilize them to benefit some covert operations that they wanted to use to incriminate in l particular one attorney by the name of Ford Greene.

"Q. We will get to that later, but did he refer to any other past experiences of yours dunng l those meetings? l "

A. Yes.

"Q. Can you indicates what they were? "

A. He knew about the long-term estrangement that I had with my mother He knew about my past homosexual activities and port involvement.

"Q. And were all these things part of what you thought were your confidential PC file? "

A. I didn't think -- they guaranteed me it was confidential and would never be used against me.

"Q. Did you feel they were being used against you in October 4, 1991 but Eugene Ingram?

A. The way he flaunted it and said he knew all these things and had all these records and files on me read like an encyclopedia. It was very apparent to me by Mr. Ingram that he was prepared to lay them out on the table and talk about them and expose them if I did not cooperate.

"Q. And was anything said regarding the LEDS/NCIC work that you had done for the Church of Scientology?

A. Yes.

"Q. By Mr. Ingram? "

A. Yes.

"Q. And what do you recall him saying regarding that? "

A. He told me that it was a felony crime and that he could take that incident and use it against me because he said that versus in a state court when you commit a crime there is a statute of limitations. In a federal court there is no statute of limitations and I could still be arrested and held responsible for doing that and they could make it look like that I was solely | accountable for that incident and that it could be used against me and I would have absolutely no recourse. "Again he mentioned the fact that he had worked in the LAPD. That he had had a great, personal relationship with Daryl Gates, who was the Chief of Police, and that he had very --he had friends that were very high up in the organization and that he could make charges against me stick. And so he made it very clear to me at that time that I would be incredibly stupid to challenge him.

"Q. Was it after those conversations with Gene Ingram that he gave you instructions to engage in the stealing of court documents? "

A. Yes. This occurred approximately November because at that time when I saw him in Portland, his primary interest was in creating these declarations and getting them off because he said that once these declarations were created and approved by Bowles & Moxon that he was going to duplicate them and send them immediately tovarious sources throughout the country, and I learned from Mr. Butterworth in fact that following my signing of the declarations that they duplicated -- according to Mr. Butterworth, 500 plus copies were duplicated and sent to every organization and entity within the Church of Scientology on their list, whatever their list was. And that people throughout the country had copies of my declaration." (Deposition of Garry L. Scarff, at p. 319, in. 8 - p. 328, in. 11.)

Ingram's Instructions to Steal Given After Threats of Possible Criminal Charges Against Scarff.

"Q. We will go back to that later in the deposition when we deal chronologically with these documents. What I am trying to drive at is you testified earlier that Mr. Ingram gave you instructions, was one of the three people who gave you instructions to steal court records. Were the instructions from Mr. Ingram in that regard subsequent to these conversations involving threats that you have just been telling us about? "

A. When you say subsequent --

"Q. Were the instructions from Mr. Ingram to steal court documents given to you after October and November of 1991? " A. Yes, it was afterwards." (Deposition of Garry L. Scarff, p. 328, Ins. 12- 25.)

Scarwff Directed to Use Law Enforcement Computer Network to Retreive Information About Julie Cristofferson. Her Mother, and Her Attorneys to be Used Against Cristofferson: Cristofferson Sued CSI in 1979.

"MR. BERRY: Now, referring back to the LEDS NCIC computer activity for a moment, I would like you to briefly turn your attention to what will be marked as Exhibit-125 in your folder before you. (Defendant's Exhibit-No. 125 was marked for identification and is bound separately.) "THE WITNESS: I have seen this document "BY MR. BERRY:

"Q. What is Exhibit-125? " A. This is a document that was prepared by what then was referred to as the Guardians Office which is now referred to as the Office of Special Affairs, and it is an intelligence document because the Office of Special Affairs despite what they would like you to believe on a public level is actually the intelligence division for the Church of Scientology. This is a, what they refer to as a confidential for eyes only intelligence document. And it is titled "Julie' s Background . " And it --

Q. Who is Julie? "

A. They are referring to Julie Cristofferson- Titchbome, who had sued the church in 1979 and the trial -- who had a trial with the Church of Scientology in 1979 and 1985. And this is an intelligence document which refers in the document to a major target where they were wanting to dredge up any data on Julie's criminal background, any type of drug arrest, anything that the church might be able to utilize and turn against her in an offensive manner.

"Q. Now, we will discuss this document in greater depth later in the deposition, hut for the moment if you would turn your attention to what is labeled at the top AB-104 and turn your attention to Paragraph 9, or the paragraph numbered 9 and Item E. Does that say and what is it about? "

A. It refers to gaining access to the arrest records of Julie.

"Q. Do you recall ever having any involvement in that sort of activity? "

A. Yes.

"Q. And what was that involvement? "

A. I recall being told to get LEAS NCIC infommation on not only Julie Christofferson but to do a what they refer to as a state check on Elma Hall, who at that time was living in Montanna, which is Miss Christofferson's mother, to get criminal printouts or anything that I could gain on an attorney by the name of Don Andrews, Attorney John Powers, Attorney Gary McMurray, Attorney Ron Wade. And I am trying to recall other individuals, but those are the ones that I do rernember.

Q. Who are these attorneys that you are obtaining information on? "

A. John Powers, Gary McMurray and Ron Wade were the attorneys representing Julie Christofferson in this civil action against the Church of Scientology.

Q. So were they what we might call opposing counsel to the Church of Scientology?

A. Yes (Deposition of Garry. L. Scarff, at p. 329. ln. 1 - p. 331. ln 14.)

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