15 Sep 2000

Keith Henson <hkhenson@netcom3.netcom.com>

More on "terrified" clams

It gets really interesting out in sunny California.

This morning as Graham and I were driving in to the center of LA to the courthouse, I gave Tony Greer, a deputy I know from Hemet a call. Tony was one of the ones who worked on the Stacy Moxon Meyer case, and I will refrain from repeating what he said about that case, because things still might develop in it.

However, I won't keep it a secret about what Tony said this morning when I talked to him about the computer printout that was filed by Helena Kobrin as an exhibit in my bankruptcy case Wed. September 13, 2000 (yesterday). (There should be a scan of it up shortly). I asked Tony if he were aware of what the DA was doing with the case and he said no, that he had forwarded the case file to the DA without recommendation, and that in his opinion it was BS.

That was not definitive. But he gave us a number 909-766-2378 for the DA he sent it to, a Mr. Guage. Graham called him just before noon and left a message. Early afternoon Mr. Gauge called Graham back (I think for a DA not to return such a call would be way out of line, so he had to). We later got an address for the DA's office, 910 N. State St., Hemet, CA 92543. (DON'T abuse these!) So this is being done out of the local office in Hemet and not the main office in Riverside--which explains why I could never find anyone in the Riverside DA's office who knew anything about the case and might also explain why it is not being charged as a felony. He would not give us an email address. I was in the room listening to Graham as they talked.

The deal that went down first was that I would go to Hemet to be arraigned on Sept. 25, that being the first day everyone had free. (Graham is tied up tomorrow and at the time the Hurtado deposition was still possible.) Then Graham asked whether I might be arrested if I was out there picketing? Yes I would, picketing was *out of the question*. A lot of discussion went back and forth about me not being willing to let the DA's office chill my first amendment right to protest the killer cult and the cult's claims that they are "in fear" of me being enough to invoke the law.

Graham kept making the point that the scientologists claims of being in fear of Henson's ability to pull a cruise missile out of his pocket and lob it across the fence was not what they were really in fear of. What they truly feared were the words on his picket signs.

The DA several times told Graham that the scientologists were in constant fear of Henson by his mere presence on the side of the road and not whether he was carrying a cruise missile. Graham made the point that cruise missiles aren't easy to come by and the government takes an interest in who has them. He assured the DA that Mr. Henson did not have one. The DA said, the charge related to the Internet posting which caused them to fear Henson's presence anywhere in the neighborhood. Graham told Guage this was ridiculous and told him they try to keep staffers away from *all* picketers and that they react the same way to everyone who comes out to picket including him.

Graham also mentioned him similarly clearing LRH Way over in LA with a pickets sign. There have been no claims that the other picketers, such as Brent Stone, Bruce Pettycrew, and Bob Minton, who they also fear and react to in the same way, have anything do with missiles. Further, Graham said that I had a constitutional right to take my message to the scientologists whether or not they found it offensive. Graham reminded the DA that just last month the LA Federal court had precluded picketers at the Democratic convention being confined to an area where they would not be seen and heard by the convention delegates, the judge saying the picketers had a *right* take their messages to the people they were trying to influence even if the people didn't like the messages.

In addition Graham he said it was Henson who should be in fear of the scientologists and not visa versa, since gold base has armed guards, razor wire, bunkers, surveillance cameras and (if you consult the Tabayoyon Declaration) bombs. The DA said he had not claimed the scientologists were defenseless out there. Graham went on to say that two people had been killed there recently. The DA told Graham that even the worst criminals in the world are entitled to protection from terrorist threats. Although Henson's joking on the Internet could not have been prosecuted ten years ago, the new law requires only making a threat and not the ability to actually carry out a threat nor that the fear on the part of the 750 alleged victims be reasonable. Graham suggested that if it was merely the Internet joke that prompted the prosecution then there was still no reason to chill Henson's first amendment right to carry his message to them.

The DA disagreed strongly so Graham commented: "So, its Henson's mere presence with a message on a picket sign has the heavily armed base of 750 staffers in a constant state of fear?" Graham also commented that the DA and scientology were going to be laughed out of court with the evidence of the staffers belief in OT powers and their lack of ability to be "at cause" over Henson, one guy with a stick and a chunk of cardboard (not to mention his other "tools of the trade," tape recorder, camera and cell phone.)

Obviously scientology's beliefs and practices, especially in the area of critical messages (entheta) and the policies and practices of fair game are going to play an important role at trial because the complaining scientologist have put their state of mind at issue in this case. We might get to depose every one, or at least a good sample of the gold base staff. At least we should be able to get a list of them to pick some samples from.

The final result was the arraignment date was off. On Friday the DA would seek an arrest warrant and there was a prospect I would be arrested if I went out to the cult's compound and protested the deaths of the two women killed there since mid May. Always the cooperative one, Graham advised the state of the next date and time Henson will be picketing gold, this Saturday, along with other picketers and the media. Graham also told them that I would not accept any kind of plea bargain and I had prevailed in two similar situation in LA *and* had prevailed against Hoden when they tried to keep me from picketing through civil action in Riverside court before Judge Cunnison.

At one point Graham told him the DA's that was doing him a favor in giving him information which would be coming back to haunt him at trial and afterwards. The DA commented that defendants regularly win at trial and the fact that they had charged the matter as misdemeanor and not a felony indicated how the DA viewed the case. Graham told him he was being used by the cult. This was a HOT BUTTON.

The DA immediately made a comment that Graham might see thing differently when he sobered up. That make it clear this guy had dead agent material from the cult as to whom Graham was. Graham was most indignant because it has been 18 months since he has had any alcohol. Both then apologized, but man, this is an information leakage about who has been convincing the DA's office to waste money on hassling a citizen to advance the cults agenda.

Apparently this DA knows nothing of Tabayoyon's declaration, the German helicopter flyover, the suspension of the pilot's license, Hoden's arrest of the two German journalists, and the two dead women at gold or about Lisa McPherson. He also knew nothing about Mike Rinder amazing declaration and how it established the cults real fear about pickets over dead bodies and not jokes on the net. Rinder's declaration has made him a witness in this case.

Anyway, I will be out there Saturday. Although I might get arrested, I *will not* let them chill my First Amendment right to protest the cult with the classic means of protest, a picket sign.

Keith Henson

PS, all are welcome Sat. 7 a.m. start time, but come any time.

PPS, I am by nature not paranoid enough, but the fact I did not get a letter supposedly mailed on September 1 bothers me. If I were properly paranoid I might think that someone along the notice chain had tossed or intercepted the letter, leaving me open to warrant being issued for failure to appear and subsequently being arrested while picketing for failure to appear. Of course, in that case the cult would hardly disclose this to me in time for me to do something about it--would they? Or might this be yet another screw up by the keystone cult team of Moxon, Kobrin, and Paquette?