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					1    GRAHAM E. BERRY, Bar No.128503                                                   Filed 09.19.2008
2
     Attorney at Law
     3384 McLaughlin Avenue
3    Los Angeles, California 90066-2005
     Telephone: (310) 745-3771
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     Facsimile: (310) 745-3771
5    Email: grahamberry@ca.rr.com

6    Attorney for Respondent
     Donald J. Myers
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8

9
                IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
                FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
10
                                                              )   Case Nos. BS116340 /BS116339
11                                                            )
     LISSA UVIZL,                                             )   Hon. Richard E. Rico
12
                                                              )
13                                     Plaintiff,             )   DECLARATION OF GARRY L. SCARFF
                                                              )   AND EXHIBITS IN SUPPORT OF
14            vs.                                             )   DEFENDANT’S C.C.P. §425.16 SPECIAL
                                                              )   MOTION TO STRIKE, ETC.
15
                                                              )
16   DONALD J. MYERS,                                         )               (C.C.P. §527.6 and 425.16)
                                                              )
17                                     Respondent.            )   DATE: Friday, October 24, 2008.
                                                              )   TIME: 8-30 a.m.
18                                                                DEPT: 76
                                                              )
19                                                            )
                                                              )
20                                                            )   Filed concurrently with: (1) Defendant’s
     LEWIS MIRANDA,
                                                              )   Notice of Special Motion to Strike, etc; (2)
21
                                    Plaintiff,                )   Evidentiary objections; (3) Declaration of
22                                                            )   Graham E. Berry and Exhibits; (4)
                     vs.                                      )   Declaration of Florian Schwarnert and
23                                                            )   Exhibits; (5) Declaration of Donald J. Myers
                                                              )   and Exhibits; (6) [Proposed] order.
24
     DONALD J. MYERS,                                         )
25                                                            )
                                    Respondent.               )
26

27

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                    Declaration of Garry L. Scarff in Support of Defendant‟s C.C.P. §425.16 Motion, etc.         1
                                  DECLARATION OF GARRY L. SCARFF
1

2    I, Garry L. Scarff, declare and state as follows:

3       1.   I am over the age of 18 years and I am a resident of the State of California, County of
4
     Los Angeles. I have personal knowledge of the facts set forth herein, and if called upon as a
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     witness, I believe I could and would testify competently thereto under oath.
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        2. This declaration is submitted in support of Defendant‟s C.C.P. §426.16 (b) (1) Special

8    Motion to Strike (anti-SLAPP) in the consolidated matters of Lewis Miranda v. Donald J. Myers,
9    L.A.S.C. case number BS116339, and Lissa Uvizl v. Donald J. Myers L.A.S.C. case number
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     BS116340.
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        3.    I am a former member of the Church of Scientology and I have previously testified on
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13   the record in several cases involving the Church of Scientology International, and its various

14   front groups, about my roles in unethical and unlawful activities while I was working with the
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     Church of Scientology International‟s covert intelligence apparatus, the Office of Special Affairs
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     (“O.S.A.”), formerly titled the former Guardian‟s Office. The G.O. changed it‟s name to O.S.A.
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     as part of a public relations ploy following the U.S. government„s response to the Church of
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19   Scientology‟s “Operation Snow White.” I was an operative in and for O.S.A. at various times

20   from 1989 - 1998. During part of that time, and as part of my work as an O.S.A. operative, I
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     worked with, for and at the direction of Scientology attorney Kendrick L. Moxon, Esq.
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        4.    I can attest, from my own personal observation that covert operations, including those of
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     a highly criminal nature, such the hiring of private investigators to follow, harass, threaten, injure
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25   and maim persons perceived by Scientology to be critics of Scientology, are actions that also

26   require the knowledge and approval of Scientology‟s longtime in-house attorney, Kendrick
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     (“Rick”) Lichty Moxon. He is the same attorney seeking the restraining order against Donald J.
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                    Declaration of Garry L. Scarff in Support of Defendant‟s C.C.P. §425.16 Motion, etc.   2
     Myers, who protests with Anonymous under the pseudonym of Angry Gay Pope. I also
1

2    participate in the Anonymous protests against Scientology‟s history of crime and abuse. I do so

3    under the pseudonym of Happy Smurf. However, O.S.A. has now established my real identity. I
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     know this because I have been participating with regular pickets of 6331 Hollywood Boulevard
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     and Ivar Avenue with Anonymous openly and without a mask. I have picketed with persons who
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     include the persons who picket Scientology crime and abuse under the pseudoyms of Angry Gay

8    Pope and Barney the Dinosaur.
9       5. I have read the Plaintiff‟s Complaint and Supporting Evidence herein. During my own
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     presence at various Anonymous pickets with Donald J. Myers I have never seen him engage in
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     any of the conduct alleged of him, with the exception of sometimes loudly voicing his picketing
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13   messages and questions which involve the various alleged crimes, abuses and secular frauds of

14   the Church of Scientology, it‟s various front groups and its lawyers and private investigators.
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        6.   I am informed and believe that Operation Snow White was the Church of Scientology‟s
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     name for an illegal project that began during the early 1970s. Its goal was to purge unfavorable
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     records about Scientology and its founder L. Ron Hubbard by implementing a series of office
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19   infiltrations and thefts from 136 government agencies, foreign embassies and consulates, as well

20   as private organizations critical of Scientology. This operation was carried out by Church of
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     Scientology members in more than 30 countries.
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        7.   I am also informed and believe that the Federal Bureau of Investigation (“F.B.I.”)
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     concluded that Operation Snow White was the single largest infiltration of the United States
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25   government in history. “Under this program, church operatives committed unlawful infiltrations,

26   wiretapping, and theft of documents in government offices, most notably those of of the U.S.
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     Internal Revenue Service. Eleven of the church‟s top executives, including Mary Sue Hubbard
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                    Declaration of Garry L. Scarff in Support of Defendant‟s C.C.P. §425.16 Motion, etc.   3
     (wife of founder L. Ron Hubbard) and second-in-command of the Scientology organization),
1

2    pled guilty or were convicted in federal court of obstructing justice, burglary of government

3    offices, and theft of documents and government property.” The case was United States vs. Mary
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     Sue Hubbard et al., 493 F. Supp. 209 (D.D.C. 1979). They were convicted and sent to prison for
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     five years.
6

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        8.    I am further informed and believe that in the events thereof, the F.B.I. named Kendrick

8    Moxon as an "un-indicted co-conspirator" in Operation Snow White for providing false
9    handwriting samples to the F.B.I. The Church of Scientology entered into a written, signed and
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     filed 264 page stipulation of evidence that also described unindicted co-conspirator Kendrick L.
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     Moxon‟s actual activities as part of the obstruction of justice and fabrication of evidence.
12

13      9. I have previously testified under oath as to my own personal knowledge of the nature of

14   Kendrick Moxon‟s direct role in knowingly and intentionally taking advantage of, and abusing
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     the court process, to fulfill the goals and agenda of the Church of Scientology. One such
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     proceeding, which also included Mr. Moxon‟s extensive questioning of me, involved my
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     deposition being taken for about 17 days in 1993. An off-duty L.A.P.D. officer was provided for
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19   my protection against any Church of Scientology misconduct and as result of telephone threats if

20   I flew from Orlando to Los Angeles and testified against Scientology.
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        10. On Thursday, August 14, 2008, I attended and participated in a lawful protest at the
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     Hollywood Guaranty Building (H.G.B.) at 6331 Hollywood Blvd, Los Angeles, CA 90027. This
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     building is also the corporate headquarters of the Church of Scientology International. See
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25   Exhibit C hereto.

26      11. Upon information and belief, the H.G.B. is owned by a Church of Scientology
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     corporation and it is the location of the Scientology corporate administration. David Miscavige,
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                    Declaration of Garry L. Scarff in Support of Defendant‟s C.C.P. §425.16 Motion, etc.   4
     the ecclesiatical leader of the Church of Scientology worldwide maintains a luxurious office on
1

2    the 12th floor of the H.G.B. Building. The Religious Technology Center, the corporation that

3    controls the trademarked names and symbols of Dianetics, Scientology and anything related to L.
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     Ron Hubbard, maintains its corporate offices in the same building but lists a different street
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     address of 1710 Ivar Avenue, Suite 1100, Los Angeles, CA 90027, (which is the staff entrance to
6

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     the building). O.S.A. also has extensive offices within the 6331 Hollywood Boulevard building.

8    The law firm of Moxon & Kobrin (formerly Bowles & Moxon) is part of the Legal Unit within
9    O.S.A. and is officed there. Moxon & Kobrin maintain a front-office/mail drop in a Wilshire
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     Boulevard executive suite. Other O.S.A. attorneys such as Elliot Abelson are also officed within
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     O.S.A. at 6331 Hollywood Boulevard despite their external postal drops. Indeed, the O.S.A.
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13   Legal Unit attends crew musters thrice a day (when on base) and when he is there, Kendrick

14   Moxon heads the O.S.A. Legal Unit at crew muster. The Plaintiffs herein are junior in rank and
15
     seniority to Kendrick L. Moxon, Esq and if they disobey a command they are subject to
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     horrendous punishments (called “ethics handlings”), perhaps in the Scientology gulag called the
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     Rehabilitation Project Force. Disobedience may even lead to a scientologist being declared a
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19   “Suppressive Person” to be “utterly destroyed by any means possible” and denied their “eternity”

20   for the next one billion years. From my own experience and observation as an O.S.A. operative I
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     also know that scientology witnesses are trained to lie in litigation and other matters, “for the
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     greater good” of the Church of Scientology (or the ends justify the means). Attached hereto as
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     Exhibit C is a description of the various offices and functions within the Scientology middle
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25   management buidling at 6331 Hollywood Boulevard. Upon information and belief it was

26   prepared and posted to the Internet by Chuck Beatty, a former Scientology Sea Organization
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                    Declaration of Garry L. Scarff in Support of Defendant‟s C.C.P. §425.16 Motion, etc.   5
     member and R.P.F. victim, unlawfully confined for over five years. According to my
1

2    recollection, the contents of Exhibit C appear accurate.

3       12. During this August 14, 2008 protest on the public sidewalks outside and around 6331
4
     Hollywood Boulevard, California, I was in the company of Donald J. Myers also known as
5
     Angry Gay Pope. While we were protesting in front of the L. Ron Hubbard Gallery, facing
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     Hollywood Boulevard, I noticed a young female with blonde hair and wearing glasses sitting

8    behind the reception counter at the staff entrance, which is just to the right of the public entrance
9    of the Gallery. I observed this young woman laughing, with a telephone to her right ear and
10
     pointing in our direction. She then walked out of the room. Mr. Myers identified this woman as
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     the “anti-shirtless lady” Elisabeth (Lissa) Dawn Uvizl, who appeared in a video he had
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13   previously made, and for which he interviewed her outside the building. She later filed for the

14   Temporary Restraining Order herein against Mr. Myers, claiming he had harassed her. However,
15
     I know from my experiences as a former Church of Scientology member and former O.S.A.
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     operative that members are coached and “drilled” to allege fear, harassment, threats of violence,
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     etc. whenever people picket and protest the Church of Scientology. From my own work with
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19   O.S.A. and Mr. Moxon I also know that in the past they have selected and ordered Scientology

20   members and staffers to serve as plaintiffs in litigation that the Church of Scientology wishes to
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     file through Kendrick L. Moxon, Esq. The case of Jason Scott against Rick Ross and the Cult
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     Awareness Network was one such case. So were the dozens of “cookie cutter” complaints that
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     Mr. Moxon filed as part of the “Bowles & Moxon Plan 100” to have at least 100 law suits,
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25   however frivolous, on file at any one time against the Cult Awareness Network as part of a

26   successful O.S.A. operation to bankrupt the Cult Awareness Network, take it over and to operate
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     it as one of the Church of Scientology front groups. It is still in operation today.
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                    Declaration of Garry L. Scarff in Support of Defendant‟s C.C.P. §425.16 Motion, etc.   6
        13. . Later that afternoon of August 14, 2008, I was also with Mr. Myers when he was
1

2    approached by a small, heavyset man, wearing sunglasses and a heavy jacket with the hood

3    pulled over his head. I found this to be odd as the weather was a hot ninety five degrees. I
4
     observed this gentleman asking Mr. Myers if he was “John” and reached out to shake his hand.
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     Mr. Myers responded by asking the man who he was and to present some identification. The man
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     replied that he had some documents for him, didn‟t have to identify himself, and then tossed the

8    documents in front of Mr. Meyers scattering them all over the sidewalk and informing Mr.
9    Myers he had “been served.” Because of this man‟s extremely odd and aggressive demeanor,
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     heightened by the fact he was wearing a heavy jacket with a hood pulled over his head, when the
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     weather was at least 95 degrees & sunny at the time, I was not surprised with Mr. Myer‟s
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13   jumping back, seemingly alarmed, when this man did this.

14      14. I told Mr. Myers to ignore the documents scattered on the sidewalk and to just walk
15
     away, telling him that it is not legal process for an idiot to throw documents on the sidewalk, and
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     after scattering them on the sidewalk, then just simply walked away. Mr. Myers and I left the
17
     scene leaving the documents on the sidewalk.
18

19      15. I then informed attorney Graham Berry, who was at the protest, of what had occurred

20   and that I had informed Mr. Myers to ignore the documents scattered on the sidewalk, and now
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     which I observed some had been blown into the street.
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        16. I was later informed by Mr. Myers, after attorney Graham Berry walked over and
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     looked at the documents on the sidewalk, that the documents were two restraining orders brought
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25   against him by Scientology attorney Kendrick Moxon, and seemingly in retaliation for a protest

26   Mr. Myers did previously on July 22, 2008. Mr. Myers had also filmed this protest which
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     included a confrontation by attorney Kendrick Moxon expressly threatening to personally sue
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                    Declaration of Garry L. Scarff in Support of Defendant‟s C.C.P. §425.16 Motion, etc.   7
     Mr. Myers the following day if he did not stop “harassing” church members. This video has been
1

2    posted on YouTube and numerous other places on the Internet.

3       17. Later that same day, Kendrick Moxon appeared again on the public sidewalk outside the
4
     H.G.B. Building and I observed him again threatening to have Mr. Myers arrested for violating
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     the T.R.O. filed against him (which was also videotaped). I observed Mr. Myers telling Mr.
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     Moxon that he had neither touched nor read the various documents thrown and scattered on the

8    sidewalk in front of him, and that he was advised by an attorney of what he later learned was a
9    T.R.O. filed against him, was in fact, served on him improperly. I then observed Mr. Moxon
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     entering the Scientology building at the staff entrance of 6331 Hollywood Boulevard.
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        18. Approximately 15 minutes later, this picket by about a dozen of we Anonymous
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13   protestors was overshadowed by the blaring sirens and flashing lights of, I counted, eight

14   L.A.P.D. squad cars quickly converging on the H.G.B. Building. I personally observed 15
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     uniformed police officers appearing at the scene and, as they approached the building, I observed
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     Scientology attorneys Kendrick Moxon and Ava Paquette exiting the Ivar street entrance off the
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     6331 Hollywood Boulevard building and approaching the L.A.P.D. officers. I remember telling
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19   Graham Berry that I believed Mr. Moxon to have lied to the L.A.P.D. exaggerating the situation

20   which resulted in a phalanx of uniformed police officers showing up at once in the highly public
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     manner in which they did so.
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        19. I was standing next to Mr. Myers when I observed Kendrick Moxon and Ava Paquette
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     speaking to the L.A.P.D. officers with documents in their hands. I also observed Mr. Myer‟s
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25   attorney Graham Berry clearly identifying himself to officers that he was Mr. Myer‟s attorney

26   and wanted to join the conversation between the officers and the two scientology attorneys, and I
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     observed L.A.P.D. officers specifically prohibiting him from doing so, advising Mr. Berry that,
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                   Declaration of Garry L. Scarff in Support of Defendant‟s C.C.P. §425.16 Motion, etc.   8
     regardless of his being Mr. Meyer„s personal attorney, he was not authorized to be involved in a
1

2    conversation between Scientology attorney„s Paquettte & Moxon and the L.A.P.D. officers. I

3    recall telling Mr. Berry that this was another incident which clearly showed the L.A.P.D. acting,
4
     unlawfully, in concert with the Church of Scientology and Mr. Moxon. I then observed the man
5
     with the hood over his head speaking to the L.A.P.D. officers, Mr. Moxon and Ms. Paquette.
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        20. One of the L.A.P.D. officers asked me if I knew the identity of Scientology‟s hooded

8    process server because he had informed the officers present that he was an active deputy with the
9    Los Angeles Sheriffs Department but was unable to confirm that with the attending officers.
10
        21. I informed this officer that this man had lied to them because I know, having worked in
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     law offices in the Los Angeles area, that civil process servers for the the L.A.S.D. are uniformed
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13   and drive clearly identifiable L.A.S.D. vehicles marked Civil Process Unit, not personal vehicles

14   like the large black truck I observed this hooded man arriving on the scene in.
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        22. Approximately ten minutes later, I observed the officers and the two Scientology
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     attorneys approach Mr. Myers and request that he accompany them in front of the H.G.B.
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     building where he was advised by Officer Romero, a L.A.P.D. training officer, that they were
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19   serving him the T.R.O. on behalf of the Church of Scientology and that the man throwing the

20   documents on the sidewalk at his feet and scattering them on the sidewalk constituted lawful
21
     process. When Mr. Myers told Officer Romero, who said he was in charge of all the officers at
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     the scene, that the process server acted aggressively towards him and refused to provide him with
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     identification, one of the officers spoke up and told Mr. Myers that the hooded man‟s actions
24

25   were legal and that he was not required to provide Myers with personal identification.

26      23. I observed the Officer Romero advising Mr. Myers that the T.R.O. or “Stay-Away
27
     Order” required him to not come within 100 yards of the H.G.B. Building. Mr. Myers asked
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                   Declaration of Garry L. Scarff in Support of Defendant‟s C.C.P. §425.16 Motion, etc.   9
     Officer Romero if the TRO was in effect for all Scientology-owned properties and I witnessed
1

2    Officer Romero telling him it was only in effect for the H.G.B. Building.

3       24. I then observed Mr. Myers asking Officer Romero what the scratched-out portion of the
4
     T.R.O. meant and Officer Romero told him that Mr. Moxon had requested the T.R.O. prevent
5
     him from protesting at numerous other Scientology owned locations, but the court ruled that it
6

7
     only applied to this specific location, the H.G.B. Building on Hollywood Boulevard.

8       25. I witnessed Mr. Myers complying with the officers and the T.R.O. and he left the area
9    immediately.
10
        26. After Mr. Moxon had supervised the service of the T.R.O. on Mr. Myers he came over to
11
     me and stated, “You‟re next Scarff.” Later I learned that Kendrick Moxon and Ava Paquette had
12

13   told Graham Berry that they were going to take his deposition again.

14      27. Approximately one hour later, I stopped protesting at the H.G.B. Building. I was driving
15
     down Ivar Street when I observed Mr. Myers walking on the sidewalk and I offered him a ride. I
16
     was aware that he had no car and that he relied on the bus for transportation.
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        28. I suggested to Mr. Myers that it was still early in the evening and that we should do a
18

19   peaceful protest and picket at the Scientology-owned complex of buildings (“Big Blue”),

20   formerly the Cedars of Lebanon Hospital, between Sunset Boulevard and Fountain Avenue, and
21
     Catalina Street and L. Ron Hubbard Way, because the T.R.O. did not preclude him from those
22
     properties. I also informed Mr. Myers that when I was in Scientology, I worked with Mr. Moxon
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     at another one of his actual law offices, located on L. Ron Hubbard Way, and that the office he
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25   publicly lists on Wilshire Boulevard is nothing more than a shell office with the intention of

26   deliberately deceiving the courts that he is simply a Scientologist who does attorney work for the
27
     cult whereas, in fact, he is, and has for decades been, the chief in-house attorney for the cult, and
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                    Declaration of Garry L. Scarff in Support of Defendant‟s C.C.P. §425.16 Motion, etc.   10
     that nearly 100% of his legal work is directly tied to the Church of Spiritual Technology and its
1

2    subsisdiaries Religious Technology Center, Church of Scientology International, O.S.A. and

3    their worldwide operations.
4
        29. Upon arriving at L. Ron Hubbard Way, Mr. Myers informed me he had never been on l.
5
     Ron Hubbard Way before. I let him out of my car, parked it off-site, and then I joined him on the
6

7
     public sidewalk where I observed him engaging people in polite conversation about Scientology.

8       30. I gave Mr. Myers a walking tour of the different office buildings on L. Ron Hubbard
9    Way and explained what their missions were in Scientology. While I watched Mr. Myers politely
10
     engage people in conversation we were subjected to the routine activities afforded to critics of
11
     Scientology of being closely followed by cult security and filmed.
12

13      31. Within five minutes of arriving at L. Ron Hubbard Way, we observed a L.A.P.D. car

14   approach us on L. Ron Hubbard Way and the officer pulled over to talk to us. The officer, who
15
     was extremely polite and professional, advised us that he had received a radio call regarding Mr.
16
     Myer‟s presence on L. Ron Hubbard Way, in violation of a T.R.O. We advised the officer that
17
     the T.R.O. only prohibited Mr. Myers from protesting with 100 yards of the H.G.B. Building and
18

19   that it was routine for Scientology officials, and Mr. Moxon, to deliberately lie and abuse the

20   terms of a T.R.O. claiming Mr. Meyer was prohibited in being in locations beyond that which
21
     was specifically declared in the T.R.O. against him.
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        32. The L.A.P.D. officer called someone on his car radio, then came back to us and
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     confirmed it was cult attorney Kendrick Moxon informing them that the T.R.O. included the
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25   entire Scientology complex between Sunset Blvd. & Fountain Avenue, and he asked to see

26   Mr.Meyer‟s copy of the T.R.O. which I provided to the officer after retrieving it from my car.
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                    Declaration of Garry L. Scarff in Support of Defendant‟s C.C.P. §425.16 Motion, etc.   11
        33. Shortly thereafter, Kendrick Moxon appeared and approached us, and he informed Mr.
1

2    Myers with the officer present, that Mr. Myers was in “technical violation of the restraining

3    order” because one of the complainants, Lewis Miranda, “lived here“ pointing to the American
4
     Saint Hill Organization (ASHO) building facing L. Ron Hubbard Way . I told the officer that Mr.
5
     Moxon was lying because the building he was pointed to is purely an office building and has no
6

7
     residential living spaces. The officer asked me how I knew that and I informed him I used to

8    work for Mr. Moxon in that very building. Mr. Moxon stated that he was not going to talk to me.
9       34. I observed Mr. Moxon advising Mr. Myers he was “on notice” for violating the T.R.O.
10
     and stating to Mr. Myers, “Listen, you‟re presently in violation of the restraining order.” and
11
     “you‟re on notice that Mr. Miranda lives here.” Mr. Myers asked Mr, Moxon why all of the
12

13   Scientology locations, other than the HGB Building on Hollywood Blvd, was scratched out

14   which Mr. Moxon replied, “The judge did it” and that “judges don‟t want people to stalk their
15
     victims,” but in this T.R.O., Moxon stated that “the judge didn‟t know what he was doing.”
16
        35. Mr. Myers informed Mr. Moxon that he would abide by the T.R.O. stipulations ordered
17
     by the judge, but not him, and that Mr. Moxon did not have the lawful authority to overrule the
18

19   judge‟s decision and to amend it to his liking. Mr. Moxon responded, “I‟m telling the court.

20   You‟re in knowing violation of this restraining order,” and “We have a record of it. You
21
     understand Mr. Miranda lives there” (again pointing directly at the A.S.H.O. office building) and
22
     then telling Mr. Myers he can no longer speak to him because he is represented by an attorney.
23
        36. The L.A.P.D. officer stated, as far as the T.R.O. was concerned, despite Mr. Moxon‟s
24

25   interpretation of it, that Mr. Myers was perfectly entitled to protest on L. Ron Hubbard Way. He

26   then drove from the premises. Mr. Moxon told Mr. Myers to inform his attorney Graham Berry
27

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                    Declaration of Garry L. Scarff in Support of Defendant‟s C.C.P. §425.16 Motion, etc.   12
     to call him, with which he did. Mr. Myers dialed Mr. Berry on his cell phone and handed it to
1

2    Mr. Moxon to speak to him.

3       37. After Mr. Moxon ended the call, he told Mr. Myers that because he was going to wash
4
     his hands because he didn‟t know where Mr. Meyer‟s hands had been prior to giving him the cell
5
     phone. At that point, upon Mr. Berry's advice, we left the premises and went to a nearby
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7
     Subway for dinner.

8       38. I can attest to the fact that Mr. Moxon has a long history of deceit, engaging in and
9    supervising criminal acts, and going to great lengths to deceive and defraud the courts with a
10
     litany of false filings based on manufactured evidence, the filing of SLAPP suits and targeting
11
     individual judges with investigations into their past and that of their families, harassment, and in
12

13   one case, a former Scientologist who used to work in Mr. Moxon‟s office admitted, under oath,

14   that he drowned a judge‟s dog at the instruction of Mr. Moxon, in retaliation for a ruling that the
15
     judge made against the cult in a case.
16
        39. I can also attest, from my own experience, observation and knowledge, that Mr.
17
     Moxon‟s history of unethical behavior and unlawful criminal activity is reflective of the core
18

19   values of the Scientology “religion” which Mr. Moxon is a dedicated adherent of. Scientologists

20   are trained to believe and accept that they are more evolved than non-Scientologists who they
21
     refer to, insultingly, as “Wogs.” In the mind of a dedicated Scientologist. like Mr. Moxon, he
22
     knows he is better and superior than Wogs.
23
        40. When one is new to Scientology, he is known as a “homo sapien” (a normal everyday
24

25   human being). When you reach the state of Clear in Scientology, you are no longer viewed as an

26   ordinary human. You are now a “Homo (man) Novis (new)” making the Scientologist a superior
27
     being over other humans. Because they believe they are superior and more evolved than ordinary
28




                    Declaration of Garry L. Scarff in Support of Defendant‟s C.C.P. §425.16 Motion, etc.   13
     humans, Scientologist believe they are the only ones that truly understand the way it really is in
1

2    the world, and they are the only hope for mankind which provides dedicated Scientologists the

3    inherent right to place Scientology‟s beliefs over the rules and laws required of ordinary citizens.
4
        41. Believing they are the only hope for mankind, dedicated Scientologists like Mr. Moxon
5
     have had no issue committing vile criminal acts, including Mr. Moxon‟s personal role in
6

7
     ordering acts of unlawful harassment, physical assaults, misrepresenting the truth to law

8    enforcement officials and judges when suspicious deaths have occurred in and on Scientology
9    properties, and Mr. Moxon‟s personal role in ordering the murders of two widely-known critics
10
     of the cult. Mr. Moxon‟s involvement in these acts are, again, reflected in the manner which
11
     many dedicated Scientologists view the world around them.
12

13      42. Mr. Moxon adheres to the concept that Scientologists are the only hope for mankind, and

14   it's perfectly justifiable for them to hurt people, to harass and to threaten them, to destroy and
15
     separate families, to mentally and physically abuse their members, even destroy critics and
16
     "troublemakers" in their midst, and to go to any length necessary to save the group based on their
17
     concept of “clearing the planet“ of all undesirables. I saw and learned all of things in the course
18

19   of my experience working with and for the Church of Scientology, O.S.A. and Kendrick L.

20   Moxon.
21
        43. In my experience, Mr. Moxon‟s strict adherence to these core “religious” beliefs explain
22
     his repeated acts of abusing theT.R.O. against Mr. Myers, questioning the judge‟s competence
23
     and willfully ignoring the provisions of the T.R.O. herein.
24

25      44. On Saturday, September 6, 2008, Mr. Myers and I drove to Tustin, California to engage

26   in a peaceful protest of a Scientology facility there. Shortly after arriving, I spoke to a Tustin
27
     police officer, I believe to be Officer Garcia, Badge No. 1021, who informed me that
28




                    Declaration of Garry L. Scarff in Support of Defendant‟s C.C.P. §425.16 Motion, etc.   14
     Scientology officials had called the Tustin Police claiming that Mr. Myers was violating the
1

2    T.R.O. against him herein by protesting in Orange County. I informed the officer of the

3    stipulations in Mr. Myer‟s T.R.O. and that it did not include properties in Orange County,
4
     although this is what Scientology officials had apparently advised the police.
5
        45. Later that afternoon, Mr. Myers and I engaged in a peaceful protest of a Scientology
6

7
     property in Riverside County near San Jacinto. The Scientology property is the Church of

8    Scientology International Headquarters although it is signposted as the Golden Era Film Studios.
9    It is actually located in Gilman Hot Springs just outside of Hemet, CA. Again, Scientology
10
     officials called the Riverside Sheriffs advising them that Mr. Myers was violating his T.R.O. by
11
     protesting in Riverside County near Hemet. I heard cult official Muriel Defresne tell the officers
12

13   that the T.R.O. included all Scientology properties, though the deputies present were quite aware

14   this was not true, and as in Tustin, no police actions were taken against Mr. Myers.
15
        46. Over the last two months, I became aware that individual protestors identifying
16
     themselves as Anonymous and wearing masks at protests worldwide were being investigated,
17
     followed & harassed by private investigators whom I know from past experience, are regularly
18

19   paid and supervised by church attorneys, including Mr. Moxon and Ms. Paquette.

20      47. In addition to having their identities publicly exposed by investigators working for OSA
21
     and supervised by Mr. Moxon, protestors were are currently being served at their homes with
22
     “Cease & Desist” Letters from Scientology attorneys nationwide. Each of these letters have the
23
     same content, falsely alleging Anonymous as a cyber-terrorist & criminal enterprise and
24

25   threatening protestors with arrest for participating in lawful, peaceful protests, many of which

26   law enforcement officials were notified in advance.
27

28




                    Declaration of Garry L. Scarff in Support of Defendant‟s C.C.P. §425.16 Motion, etc.   15
        48. I can attest that the Scientology organization has often claimed that they have been
1

2    targeted with numerous death threats, bomb threats & other nefarious activities by Anonymous

3    claiming the FBI is actively investigating. In a CNN interview in August with a cult official, it
4
     was confirmed that the Scientology organization was deliberately distorting the facts as an
5
     investigation by the FBI found no truth to any claims made by cult officials.
6

7
        49. On Thursday afternoon, September 18, 2008, I was personally served with a “Cease &

8    Desist (C&D)” letter falsely alleging that I was “engaging in” and coordinating criminal
9    activities against Scientology through my participation in peaceful protests. The letter, which I
10
     received from Andrew Wilson, a private attorney in Northern California makes numerous false
11
     and defamatory accusations against me and his letter is clearly an attempt to use his position to
12

13   unlawfully harass and intimidate me from further protesting Scientology.

14      50. The Cease and Desist letter was served on me by two well-known Scientology officials
15
     associated with its Office of Special Affairs; Charles Earl, whom I have personally known for a
16
     decade, and another gentleman he introduced as Tom Davis. A copy of the Cease and Desist
17
     letter that was served upon me is attached hereto as Exhibit A. Both individuals were very polite,
18

19   cordial & respectful to me, and Mr. Earl stronglyl encouraged me to discontinue my association

20   with Anonymous due to his claims that it is a dangerous, cyber-terrorist group. He kept grabbing
21
     me, patting my back, and showing me a lot of affection while encouraging me to disassociate
22
     from Anonymous and Graham Berry. I asked Mr. Earl why I should disassociate from attorney
23
     Graham Berry and he said we both know that he is crazy and that he represents Anonymous
24

25   which is a cyber-terrorist group which has made bomb threats and other threats on Scientology

26   properties and buildings. I asked Mr. Earl where he got his information that I was associating
27
     with Mr. Berry. Mr. Earl laughed and said he know I had visited with mr. Berry at his home on
28




                    Declaration of Garry L. Scarff in Support of Defendant‟s C.C.P. §425.16 Motion, etc.   16
     Barrington Street (sic) the day before and that I was watched entering and leaving Mr. Berry‟s
1

2    home. I asked Mr. Earl why he was keeping Mr. Berry under surviellance and Mr. Earl replied in

3    a smirking and laughing manner, “You know why and I even know why you were taking to Mr.
4
     Berry, as we overheard your conversation in the backyard.” Later I learned from Mr. Berry that
5
     there is an allyway behind his backyard.Mr. Earl then provided two video tapes. One video
6

7
     attacked Anonymous and the other was a Scientology promotional video. Mr. Earl told me that

8    he really wanted to help me and extended an offer for me to take extension courses with
9    Scientology and that Mr. Earl would help me with these courses as a tutor. At this point I told
10
     Mr. Earl that I was quite busy and needed to get back to doing what I was doing (drafting this my
11
     Declaration) and Mr. Earl was determined to continue our conversation inside my apartment ot
12

13   to go with him and have lunch somewhere. I declined and told Mr. Earl I would think about it

14   and went into my apartment and shut the door on him.
15
        51. On Thursday afternoon, September 18, 2008, I am informed and believe that the person
16
     who has been described herein as the Anonymous participant masquerading in a Barney the
17
     Dinosaur costume was also served with a Cease and Desist by Edwin Richardson who is a
18

19   private investigator involved in many of O.S.A. activities over the past 10-15 years. Attached

20   hereto as Exhibit B is copy of an Internet posting by that person describing what occurred there,
21
     how it occurred, and including a copy of that “Cease and Desist” letter.
22
            I declare under penalty of perjury according to the laws of the State of California that the
23
     foregoing is true and correct.
24

25          Executed at Los Angeles, California this 19th day of September, 2008.

26                                                        [signed]
27
                                                   ______________________
28                                                      Garry L. Scarff




                    Declaration of Garry L. Scarff in Support of Defendant‟s C.C.P. §425.16 Motion, etc.   17
                                                           PROOF OF SERVICE
1

2
     STATE OF CALIFORNIA)
3                       ) ss.
     COUNTY OF LOS ANGELES)
4

5
     I reside in the County of Los Angeles, State of California. I am over the age of 18 and I am not a
6
     party to the within action.
7

8
     On September 19, 2008 I served the foregoing document described as:
9

10   By Personal Delivery to a person in control of the reception area, in an envelope addressed as
     follows:
11

12   DECLARATION OF GARRY L. SCARFF AND EXHIBITS IN SUPPORT OF
     DEFENDANT’S C.C.P. §425.16 SPECIAL MOTION TO STRIKE, ETC.
13

14   Kendrick L. Moxon, Esq.
     Moxon & Kobrin
15
     3055 Wilshire Boulevard, Suite 900
16   Los Angeles, CA 90010

17
     I declare under penalty of perjury under the laws of the State of California that the foregoing is
18
     true and correct.
19

20   Executed this 19th day of September, 2008, at Los Angeles, California.

21

22
                                                 Signed: ________________________________
23                                               Print Name: Graham E. Berry
                                                   Address: 3384 McLaughlin Avenue,
24                                                           Los Angeles, CA 90066
25

26

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                    Declaration of Garry L. Scarff in Support of Defendant‟s C.C.P. §425.16 Motion, etc.   18
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     Declaration of Garry L. Scarff in Support of Defendant‟s C.C.P. §425.16 Motion, etc.   19

				
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