15 Sep 2000

Keith Henson <hkhenson@netcom3.netcom.com>

Due to the screw up of Helena (whose side is she on anyway?) I found out about the arraignment in Hemet in time to do something about it. Last night I left Graham's by magic carpet and made it to Ida's after the PIs had gone off shift. So it was a bit of a surprise when I showed up in court this morning. The time given on the appearance notice (I found out later) was 7:30. Not knowing, I got there at 7:45. No problem, the court doors were not opened till a little after 8:30. The printout Helena had provided said H4, and my name was on the posted list in the hallway for that court.

I went in and shortly my name was called. Most of the people there were in on minor matters. Just short of 9 a.m. (in the middle of a judge droning on about traffic school on a TV monitor) Tom Gage (correct spelling), and another DA, Leonard Mandel, came into the courtroom and asked if Keith Henson was there. I got up, spilling a lap full of papers and went out of the courtroom with them. They introduced themselves; expressing surprise that I was there, I explained that at 8 pm last evening I found out that the Hurtado deposition set for today had been canceled. Tom, is a tall thin dude who reminds me a little of someone in the cult who I cannot put a name on. Leonard is somewhat older fellow. Tom informed me that he had moved the case to H2 "because he had other business there."

H2 was an entirely different place. A whole row in the jury box was filled with prisoners wearing orange jump suits. Ken Hoden was sitting on the left side of the court, so I got a seat on the right. Tom and Leonard left me in H2, and that is the last I saw of them.

After 5-10 minutes a deputy acting as bailiff handed me a few papers. I can see one possible reason I never got notice of this hearing--they used my street address. I had to get a box some years ago because important legal mail seems to vanish out of my home mailbox with regularity. I am going to ask the Postal Service what might have happened to the notice because they are hip to the problem and usually reroute mail to my home into my box.

The paper reads:

Case number HEM014371,

(Wrong address for me)

Appearance notice

Criminal charges have been filed against you. You are required to appear for arraignment at 7:30 a.m. on September 15, 2000 at

County Administrative Center
880 N. State St.
Hemet, California 92543

[Boilerplate]

Count 1

The undersigned, under penalty of perjury upon information and belief, declares: That the above named defendant(s) KEITH HENSON committed a violation of Penal Code section 422, a Misdemeanor in that on or about July 1, 2000 through and including September 1, 2000, in the County of Riverside, State of California, he did willfully and unlawfully and with the specific intent that his statement would be taken as a threat, threatened another person, to wit: Bruce Wagoner, Hilary Dezofell, Michael, [sic] Gilchrist, Dana Reid and Muriel Dufresne, to commit a crime which would result in great bodily injury and death, which threat on its face and under the circumstances in which it was made was so unequivocal, unconditional, immediate and specific as to convey to said person a gravity of purpose and an immediate prospect of execution of the threat, and thereby caused said person to reasonably be in sustained fear for their own safety and the safety of members of their immediate family.

Count 2

The undersigned, under penalty of perjury upon information and belief, declares: That the above name defendant(s) KEITH HENSON committed an [sic] violation of Penal Code section 664/422, a Misdemeanor in that on or about July 1, 2000 through and including September 1, 2000, in the County of Riverside, State of California, he did attempt to willfully and unlawfully, with the specific intent that his statement would be taken as a threat, threatened another person, to wit: Bruce Wagoner, Hilary Dezofell, Michael, [sic] Gilchrist, Dana Reid and Muriel Dufresne, to commit a crime which would result in great bodily injury and death, which threat on it face and under the circumstances in which it was made was so unequivocal, unconditional, immediate and specific as to convey to said person a gravity of purpose and an immediate prospect of execution of the threat, and thereby caused said person to reasonably be in sustained fear for their own safety and the safety of members of their immediate family.

Discovery Request

Pursuant to Penal Code section 1054.5, subsection (b), the People are hereby informally requesting that defense counsel provide discovery to the People as required by Penal Code section 1054.3.

I declare under penalty of perjury upon information and belief under the laws of the State of California that the foregoing is true and correct.

Dated September 1, 2000 (signed with a TWG in script, but no name typed, only "Complainant." TWG:dac

************

Wow! I only know one of these people even by name. Muriel is a local PR agent for scientology. She has recently been at the manager's office for the community where Ida lives, but I have no idea of what she looks like.

9:14 one woman in a blue jumpsuit is led in. She is in chains--they look snug, and the padlock is right in the middle of her back. No wonder the prisoners are sitting oddly. From the name sign I write down the judge's name, Albert J. Wojcik. "Your Honor" will have to do; no way I am going to try to pronounce his name! The judge is very conservative looking, dark hair, starting to gray at the temples. He is one who brooks no nonsense (oh man).

My case is called in jig time. On Graham's advice, I ask the arraignment to be continued for ten days. The young sleek DA at the table says that's ok with him, but he wants a restraining order to keep me 300 *yards* from the cult's compound and away from this list of people. At first, the judge says that's wider than the *road*, how can he keep me off a public road? The DA insists, says I can go some other way, and the judge gives in. Of course, this means that all direct routes to Interstate 10 are blocked to me because the cult's property goes all the way to Sanderson, the only road to the north, and that four-lane highway is less than 300 yards wide! I ask specifically if this means I cannot exercise my first Amendment right to picket out at gold and he verifies this, if I don't like it I will be arrested and arraigned on the spot. I then complain I don't know what any of these people look like. The judge cuts me off and goes into timing issues. If he gives me the ten days, then my 45 days for a speedy trial dates from the delayed arraignment date. That's ok with me. I waive speedy trial to that limited extent. Last I ask if this would apply to my wife picketing gold. He states that my wife is not the subject of this hearing, but says it in a tone of voice that indicates he is baffled by such a possibility.

I go back to sit down. Ken Hoden (looking unhappy) leaves. I think he was expecting an arrest warrant would be issued so they could get me arrested out by gold base, but they did get a RO as a consolation prize). A minute or two later, the DA who was arguing leaves. I catch him at the courtroom door and ask his name, he says Robert Swartz. I ask if it is the usual spelling, he asked me why? I tell him I report on the Internet and shortly he will be able to ego surf and find his name on the net. He is not the least happy at the prospect. Perhaps the icky nature of being coupled to the cult is dawning on the Hemet DAs.

I go back and wait for the restraining order. First time I start to write in objections, the bailiff stops me, takes the paper back to the judge. The judge deals with other matters for a while and calls me up again. I complain that another scientologist, Glenn Barton obtained a RO, chased me and had the cops and his goons citizen-arrest me for violating the order. I don't know what these people look like, I would not know who they were if I were in a bank line with them! They can hang out in the local stores and claim I was violating the RO. The judge can't believe anyone would play such game with the legal system, but he does say I would have a good defense if one of them did it. That is not much of a consolation when you are in handcuffs. Well, I hope I made enough of an impression that this judge will get steamed at them if the pull a "Barton" on me. He said I should talk to the cops if I was worried about them going after me, or hanging out in the local stores trying to get me to innocently violate the order. (This will be interesting to try to explain to the local cops, but after all the PIs in the neighborhood they might not think I was a paranoid nut.) He could not believe they have been chasing me all over in cars. Wait till the TV show comes out! [Grin].

I signed the paper having been forced into giving up my rights to protest the killer cult at gold and bet the bailiff some of these people would be hanging out at the door. Perhaps they were, but I was not grabbed on a citizen's arrest on the way to the parking lot. I drove straight to Ida's house, where I think I will stay till some of the reinforcements arrive tonight.

Keith Henson

Reporting from Occupied Riverside County.