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[Part of the Berry to Yingling letter]


May 8, 1997

VIA FACSIMILE & FIRST CLASS MAIL

Monique Yingling, Esq.          Charles Ogle, Esq. 
Zuckert, Scoutt &               Ogle & Merzon
  Rasenberger                   770 Morro Bay Blvd.
888 17th St., NW, Ste 600       Morro Bay, California  93442
Washington, D.C.  20006                 

Re:     The Estate of L. Ron Hubbard

Dear Ms. Yingling and Mr. Ogle:
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<BIG SNIP>
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b. The Coroner's own report, Exhibit A, page 5, states that 
the Coroner terminated his investigation when David Miscavige 
and Dr. Denk arrived and showed him the 1982 and 1986 wills 
then convinced the Coroner that there was no material 
difference between the two wills.  What David Miscavige and 
Dr. Denk concealed from the Coroner was the following: 

(1) There was no disclosure of the change of executor less 
than one day before death. 

(2) There was no disclosure of the change in provisions 
regarding Mary Sue Hubbard and the last minute abrogation of 
her community property interests in a $26.5 million estate 
after 34 years of marriage (see generally, Berry Declaration, 
Exhibit C, p. 57, para. 36-40). 

(3) There was no disclosure of the last minute change in the 
1986 will regarding the copyrights which comprised 95% of 
the Estate. 

(4) There was no disclosure of the fact that a mere two 
weeks from the date of death, Mr. Hubbard's constant 
medical attention had been withdrawn, when David Miscavige 
and others took Dr. Denk on a gambling trip to Reno, Nevada. 

(5) There was no disclosure of the last will's last minute 
inclusion of a new provisions allegedly anointing David 
Miscavige, the architect of the will and circumstances 
surrounding death, as a trusted "servant and friend."  
Indeed, had Mr. Hubbard's cognitive powers not been so
obviously impaired by his crippling stroke and faintly 
scrawled signature, he might have said "and you too Brutus." 

(6) Indeed, we observed that you, Ms. Yingling, practicing 
in Washington, D.C., appeared at this hearing in San Luis 
Obispo County Court, California.  Clearly David Miscavige 
was handling Mr. Hubbard's death. Clearly he is handling 
the current litigation.  You frequently appear as 
Mr. David Miscavige's personal counsel, and as counsel for 
the Scientology Organization, and are said to be one of 
Mr. Miscavige's most trusted advisors along with Mr. Feffer 
of the Washington white collar criminal defense law firm of 
Williams and Connoley. 

8. Your opposition papers also stated that none of the 
Hubbard heirs had ever complained about anything that had 
occurred.  Because of the circumstances of their life, as 
set forth in our Ex Parte Petition, this is an inherently 
suspect statement by Mr. Starkey.  No waiver of community 
property rights has ever been filed on behalf of Mary Sue
Hubbard and no indication that she received truly 
independent legal counsel at the relevant time.  This 
omission is compounded by the pertinent contents of 
Mr. Small's letter which you attached as Exhibit 1. 

"As I am confident you will show at the hearing, 
Mr. Hubbard's statutory successors (widow, children) have 
assigned their renewal rights to Mr. Starkey and his 
successors, and these renewal rights have been exercised
by Mr. Starkey pursuant to the assignments, so that the 
renewed copyrights are owned by CST as successor to 
Mr. Starkey.  I understand that Mr. Starkey purchased these 
rights for valuable consideration paid to the statutory 
successors, and further, to the best of my knowledge, that 
none of them has questioned the assignments in any way.  
In my opinion, the purchase of these rights by Mr. Starkey 
was in accordance with standard practice in this field and 
was completely proper and effective to secure both the 
contingent renewal rights and the renewed copyrights for 
Mr. Starkey's successors." 

9. This startling admission by Mr. Small is alone grounds 
to grant the relief we will seek by way of regularly 
noticed petition.  In circumstances suggesting coercion, 
Mr. Small has stated that Mr. Hubbard's heirs assigned 
their renewal rights to David Miscavige's organization 
despite Mr.  Starkey's multiple and non-waivable conflicts
of interest as a subordinate to David Miscavige, being a 
member of the Scientology Control Group and a beneficiary 
of the Estate (even ignoring the copyrights that have 
subsequently been personally assigned by Mr. Starkey to 
himself).  Contrary to your other arguments in your 
opposition papers, Mr. Small's startling statement is an 
admission of counsel that the copyrights were the property 
of L. Ron Hubbard at the time of death, that the Hubbard 
Family did have renewal rights in those copyrights, that 
Mary Sue Hubbard did have community property interests in 
the estate assets, all contrary to Norman Starkey's 
statements under oath that there were no community property 
interests, that the entire estate belonged to L. Ron 
Hubbard, and subsequent statements that the copyrights had 
passed by way of pretestamentary assignment.  If this were 
not enough, there is also no evidence on the Court file of 
any of this and no evidence of any of these "heirs" 
receiving truly independent legal counsel at the relevant 
time. 

10. Exhibit 3, like paragraph 8 of Mr. Starkey's letter, 
states "toxicology studies were performed and the 
toxicology results were negative findings for any drug 
and/or alcohol content."  However, the Coroner's report, 
Berry Declaration Exhibit A, and the attached "Toxicology 
Report" found traces of the psychiatric drug Vistaril in 
Mr. Hubbard's blood stream and his own doctor, Gene Denk, 
stated to the Coroner that he had prescribed and 
administered a number of drugs to Mr. Hubbard which 
included Vistaril (a psychiatric drug usually administered
in combination with other hypnotic, psychotic and sedating 
narcotics and restricted drugs) and that Mr. Hubbard also 
had a "long history of chronic pancreatitis" which is 
primarily caused by alcoholism.  For your convenience, we 
refer you to page 17 of the attached Coroner's Report. 
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Roland
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