Archive Message - 1995

Since some of the materials which describe the $cientology cult could be considered to be copywritten materials, I have censored myself and The Skeptic Tank by deleting any and all possible text files which describes the cult's hidden mythologies. I have elected to quote just a bit of the questionable text according to the "Fair Use" legal findings afforded to those who report. - Fredric L. Rice, The Skeptic Tank, 09/Sep/95 -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- From!!!!alerma Mon Jul 10 17:00:44 1995 Path:!!!!alerma From: (alerma) Newsgroups: alt.religion.scientology Subject: Fishnan affidavit Date: 6 Jul 1995 23:58:43 GMT Organization: Digital Gateway Systems Lines: 432 Distribution: world Message-ID: <3thtbj$> NNTP-Posting-Host: X-Newsreader: TIN [version 1.2 PL2] dedicated to ronartist,, ------------------------------------------------------------------ F.A.C.T.Net, Inc. (Fight Against Coercive Tactics Network, Incorporated) a non-profit computer bulletin board and electronic library 601 16th St. #C-217 Golden, Colorado 80401 USA BBS 303 530-1942 FAX 303 530-2950 Office 303 473-0111 This document is part of an electronic lending library and preservational electronic archive. F.A.C.T.Net does not sell documents, it only lends them according to the terms of your library cardholder agreement with F.A.C.T.Net, Inc. ===================================================================== ADMINISTRATIVE CODE: A2 SECURITY CODE: PR DISTRIBUTION CODE: RF NAME FOR BBS: Declaration of Steven Fishman re criminal activity November 3, 1993 SORT TO: Legal CONTRIBUTOR: Steven Fishman LOC. OF ORIG: F.A.C.T. archive NOTES: UPDATED ON: UPDATED BY: fishman\affidavit\Page.00001 2 DECLARATION OF STEVEN FISHMAN 3 4 5 I, Steven Fishman, declare as follows: 6 7 1. I have personal knowledge of the facts stated 8 herein, unless stated on information and belief, and if 9 called upon to testify to these facts I could and would 10 competently do so. 11 12 2. I am a Defendant in the case of Church of 13 Scientology v. Steven Fishman and Uwe W. Geertz, Case 14 Number 91-6416-HLH(Tx), United States District Court, 15 Central District of California. I am currently serving a 16 five year sentencc for mail fraud and I am on Parole, under 17 the direction of the United States Parole Commission until 18 November 28, 1993, followed by Prohation, under the 19 direction of the United States Probation Office, until July 20 29, 1995. 21 22 3 I was on lines with the Church of Scientology 23 from March 14, 1979 through July 20, 1990. Specifically 24 and particularly, and since the Church of Scientology does 25 not have an actual membership per se, I was a member of the 26 Hubbard Association of Scientologists International (HASI) 27 from March 14, 1979 until it was renamed the International 28 1 fishman\affidavit\Page.00002 1 Association of Scientologists on October 7, 1984. On February 8, 1986, I joined the International Association of 4 Scientologists (IAS) and I became a Lifetime Member Number 5 12540-221-0002-2061 of the International Association of 6: Scientologists in 1988, until I voluntarily exited the 7 Church on July 20, 1990. I was on public lines with the 8 Church from March 14, 1979 until November 9, 1980, when I 9 was hatted as the Fields Financial Planner of Fort 10 Lauderdale, a non-salaried position. I renewed by contract 11 on November 9, 1985 as the Fields Financial Planner of 12 Miami, and continued actively on post until the day of my 13 arrest, which was July 31, 1988. 14 15 4. I was arrested for mail fraud in connection with 16 my participation in Operating Acting Classes, which was a 17 covert Scientology operation which involved the filing of 18 false proof of claim forms in derivative shareholder suits 19 for the purpose of creating income. My post was in 20 Division 3 Treasury, Department 7 Income. I was supervised 21 by various Mission and Org staff, including Peter and 22 Barbara Letterese, Denise Franklin Monce, Fred and Dori 23 Hare, Michael Hambrick, Frank Thompson, Iiay Jourdain, Leona 24 Littler Grimm and others 25 26 5. After my arrest, I assisted the Church in the 27 initiative to quash an FBI investigation into their 28 2 fishman\affidavit\Page.00003 2 complicity with the crimes for which I was charged. At the 3 same time, agents of the Office of Special Affairs, 4 including Lynn Farny, Ken Long, Laurie Bartilson and Tim 5 Bowles were actively assisting the Assistant United States 6 Attorney in their prosecution against me, without my 7 knowledge or consent. I was later charged with Obstruction 8 of Justice in a reverse sting action which was orchestrated 9 by my Ethics Officer, Frank Thompson. 10 11 6. I settled the charges pursuant to an Alford Plea, 12 (United States v. Alford, a North Carolina case), which to 13 my best understanding is a guilty plea in which I contended 14 that I was innocent but nevertheless responsible for the 15 charges alleged in the complaint. I did so because the 16 District Court relied upon Frye v. United States, 293 F. 17 1013 (D.C. Cir. 1923), and various Ninth Circuit decisions 18 which followed Frye. The Frye test was found to be wrong 19 under the recent United States Supreme Court Case of 20 Daubert v. Merrell Dow Pharmaceutical (1993), 113 S.Ct. 21 2786. Had my expert witnesses Drs. Margaret Singer and Dr. 22 Richard Ofshe been allowed to testify in full, I would not 23 have settled the charges at that time. 24 25 7. As a convictcd felon, Scientology will uehemently 26 argue that I am a criminal and I am not to be believed. By 27 their own policies regarding sources of trouble, I would 28 3 fishman\affidavit\Page.00004 2 now be labeled "PTS Type B." However, I maintain that even 3 someone who has been to prison and has been convicted of a 4 crime can nevertheless be honest and forthright; and I 5 personally know that my most worthwhile asset is my 6 integrity. 8 8. During August 1986, and as part of the 9 Wollersheim Crusade also known as the Battle of Los 10 Angeles, I attended a meeting at the War Room of the Office 11 of Special Affairs which was located at the 1300 block of 12 Berendo Street in Los Angeles at the time. In attendance 13 were Deborah Truax of Golden Era Productions, John 14 Stachelrodt and Sarita Alvarez of Bridge Publications, 15 Candy Healey of Golden Era Productions, and several OSA 16 personnel including the Director of Special Affairs of 17 Golden Era Productions and others whom I do not remember. r8 19 9. I had been invited to the meeting to report on 20 surveillance I had undertaken at the office of Charles 21 O'Reilly, as well as to turn in my Completed Staff Work on 22 the Bingoing Project, which involved the flooding of the 23 law office of Charles O'Reilly with unwanted junk mail 24 during the past thirty days. 25 26 10. It was at that time that I was given the 27 telephone number of Dr. Louis Jolyon West, and directed to 28 4 fishman\affidavit\Page.00005 1 2 repeatedly call his home between 2:D0 AM and 5:oa AM for 3 three successive days before he was scheduled to testify on 4 behalf of Lawrence Wollersheim in the Wollersheim Case, 5 which as I stated earlier was referred to as the Battle of 6 Los Angeles and/or the 1986 Crusade. 7 8 11. I also turned in materials which I had 9 accumulated by raiding the trash dumpster of Charles 10 O'Reilly, attorney for Lawrence Wollersheim, located at his 11 law office which to the best of my recollection was on a 12 main thoroughfare in Santa Monica, California. 13 14 12. During that meeting, I overheard Deborah Truax 15 tell John Stachelrodt that the Office of SpeciaL Affairs 16 had assigned an agent to work in the law office of Charles 17 O~Reilly as a typisticlerk/receptionist, The typist, whose 18 name r do not recall or may not have been privy to, was 19 placed there by OSA for two purposes, or major operating 20 targets. I do, however, recall what these targets were. 21 22 13. The primary operating target was to copy legal 23 briefs prepared by Charles O'Reilly and turn tkem over to 24 Marty Rathbun at the Office of Special Affairs. 25 26 14. The secondary operating target was to make things 27 go right and influence Charles O'Reilly into forcing 28 5 fishman\affidavit\Page.00006 1 2 Lawrence Wollersheim to accept a settlement from the Church 3 of Scientology International. This operation was 4 simultaneously designed to create an irreparable ARC Break 5 or rift between O'Reilly and Mr. Wollersheim since Dehorah 6 Truax stated that the differences between the two regarding 7 their positions on the settlement negatiations would be 8 successful in driving a wedge between them, and ultimately 9 would result in O'Reilly dropping Wollersheim as his client 10 and leaving him without counsel. Jahn Stachelrodt 11 mentioned that there were two settlement offers; "one for 12 six million and then another for ten million and that 13 Charles O'Reilly wanted Wollersheim to accept them, but 14 that Wollersheim was unwilling to do so, according to the 15 typist who worked there." 16 17 15. The OSA representative also told us that they had 18 access to a botulism culture from a medical laboratory 19 which he wanted the typist to introduce into O'Reilly's 20 food, in order to induce a "terror stomach" (his exact 21 words) to O'Reilly, in order that he would be less 22 effective during the days of the trial. I have no idea P3 whether that project was ever adopted or not. P4 25 16. In the fall of 19B6, I was taking training at the 26 American Saint Hill Organization in LOs Angeles. I was 27 studying the Saint Hill Special Briefing Course and I was 28 6 fishman\affidavit\Page.00007 1 2 supervised on this course by Course Supervisor Ken Shapiro, 3 who had also been an active registrar for the course. 4 5 17. I was assigned to do "twinning" with another 6 Scientologist, by the name of Lenny Leibowitz. Twinning is 7 a process whereby two Scientologists work together and 8 co-audit each other, and at the same time they are 9 responsible for each other's progress on the course and 10 indicate each other's gains on worksheets which become part 11 of the preclear folder, or record of progress of the 12 student or preclear in Scientology. 13 14 18. I made written entries in the preclear folder of 15 Lenny Leibowitz, and this folder was turned in to the 16 Course Supervisor, Ken Shapiro. 17 18 19. Thc particular part of the Saint Hill Special 19 Briefing Course with which I co-audited Lenny Leibowitz was 20 Section B. One of the subjects which Lenny Leibowitz and I 21 co-audited each other on was Checksheet Number 48, Chapter 22 24 Column V, The Ability to Handle Responsibility. The 23 Demo for this chapter was the section on the responsibility 24 level at 1.1 (covert hostility) on the tone scale. 25 26 2D. Mr. Leibowitz is from White Plains, Westchester, 27 New York, and was working as an intern with the Office of 28 7 fishman\affidavit\Page.00008 1 2 Special Affairs for the Church of Scientology. He told me 3 that his mother's first name was "Doris" and that she had a 4 complex because she was very short. I also recall Lenny 5 Leibowitz's birth date of October 26, 1949, since he is 6 exactly one month older than I am. During the course of 7 handling a "present time problem" within the context of the 8 material we were studying relating to The Ability to Handle 9 Responsibility, Mr. Leibowitz related to me that he was 10 having difficulty handling the fact that he had drowned a 11 dog. Mr. Leibowitz informed me that the dog was a collie 12 by the name of "Duke", and that he belonged to a Judge 13 Swearinger who lived in the hills of Los Angeles. When he 14 disclosed this, I ran Mr. Leibowitz on "rudiments" in order 15 to fully handle this present time problem and bring it to 16 its end phenomena, in order that we could go on with the 17 course and not get hung up on the checksheet. 18 19 21. In running the rudiments, Lenny Leihowitz 20 indicated to me that he was driven to the Judge's house in 21 a white late model Jeep Cherokee by another intern with the 22 Office of Special Affairs of Scientology. The intern who 23 drove him to the Judge's house was named Clarice Guidice. 24 Mr. Leibowitz told me that Clarice Guidice was on an 25 internship from the Milan Org in Italy, and she spoke with 26 a thick italian accent. He described her as a girl in her 27 mid-twenties, who had a "chunky pot belly." He further 28 8 fishman\affidavit\Page.00009 1 2; stated that she did not own the white jeep, but rather it 3 was a car owned by a senior staff member at the Office of 4 Special Affairs in Los Angeles. Mr. Leibowitz told me that 5 Clarice Guidice had something he called an "international 6 driver's license." I remember that vividly because I had 7 never heard of an "international driver's license" hefore. 8 ~ 22. Mr. Leibowitz told me that when he arrived at the 10 judge's house, he walked around the back of the house while Clarice Guidice remained in the jeep as she was driving. 11 12 Mr. Leibowitz then threw the dog into the pool and "sat on 13 the dog" until the dog drowned. Mr. Leibowitz also 14 complained that his clothes were all wet and he foolishly 15 had not brought a change of clothes with him. Mr. 16 Leibowitz informed me that he was ordered to drown the dog 17 by Kendrick "Rick" Moxon of the Office of Special Affairs 18 of the Church of Scientology International. Mr. Leibowitz 18 also stated to me that Mr. Moxon informed Mr. Leibowitz 20 that "if he didn't do it, someone else would." After Lenny 21 Leibowitz disclosed all of the above information to me, we 22 were both but individually given a Security Check and I was 23 assigned a new twin, whose name was Jay Grossfeld. I 24 co-audited with him a short time before having to return to 25 Florida to check on the pending status of various class 26 action lawsuits in Operation Acting Classes. 27 28 fishman\affidavit\Page.00010 1 2 23. I had not previously related this information to 3 anyone prior to the signing of my preliminary affidavit on 4 this issue in September, 1993, as I did not recall that 5 Judge Swearinger was the trial judge in the case of 6 Wollersheim v. Church of Scientology until August of 1993. 7 I was personally involved with Scientology operations 8 during that trial including calling up jurors and hanging 9 up in the middle of the night. 10 11 24. On or about or prior to the above referenced 12 incident, I was called upon to transcribe various hard copy 13 documents into a terminal of the INCOMM computer located at 14 the office at North Catalina Street, and I was brought in 15 to INCOMM by Deborah Truax of Golden Era Production, who 16 was also the junior to the OSA liaison there by the name of 17 Linda Hamil. As the Fields Financial Planner of Miami, I 18 was PBO cleared and held a password on the INCOMM system 19 which was the word "wogdom" followed by the backslash and 20 my clearance number which was 15223. I was assisted in 21 logging on and accessing the correct data base by a Sea Org 22 Member whose nickname was "Pacman." He looked about 19 23 years old. I was recruited to work on a O5A project which 24 was called "Mission Find the Crimes" and I had volunteered 25 40 hours of computer time to INCOMM, and my computer time 26 was approved by the Deputy Director of Intelligence for the 27 Office of Special Affairs, who at the time was Marty 28 10 fishman\affidavit\Page.00011 2 Rathbun. 4 25. One of the documents which I had to transcribe 5 into the INCOMM data base was an internal memo which 6 described how OSA Investigator Eugene Ingram had hired and 7 recruited a teenage Mexican male prostitute named Pablo 8 Garcia to seduce the son of Judge Swearinger at a gay bar 9 which Eugene Ingram had discovered was frequently visited 10 by the Judge's son. I recall reading that Eugene Ingram 11 found this boy in a park in East Los Angeles which was a 12 ~known spot" (according to the memo] frequented by young, 13 latino male prostitutes. There was also a financial chit 14 in the folder where Eugene Ingram wanted to be reimbursed 15 from Rick Moxon for the two hundred dollars he gave Pablo 16 Garcia to get the Judge's son to accompany him to an 17 apartment on Vermont Avenue where he was photographed with ls the boy. The file later contained other data which 19 confirmed that three or four encounters had taken place 20 between Judge Swearinger's son and Pablo Garcia. Another 21 OSA ~nvestigator named Jose Ruiz was later sent out to 22 guestion the boy, and to masquerade as a heavy "a 23 policeman's valence" in order to compel the b~y to make a 24 coerced statement or confession indicating that the Judge's 25 son was periodically having sex with him. However, there 26 was no such document or statement written by Pablo Garcia 27 in the file that needed to he transcribed. 28 11 fishman\affidavit\Page.00012 1 2 3 26. I recall not knowing how to transcribe the 4 financial chit into the data base and when I asked pacman 5 for advice, he told me to just "handle it." Not wanting to 6 leave anything out, I entered every word that was on the 7 chit, in order from left to right, top to bottom. I recall 8 that the file was signed by Linda Hamil, who was the same 9 person who ordered Deborah Truax to give me the file and 1D directed me to do the work. I never met Linda Hamil. 11 12 27. The file was a Program called Program Pablo 13 Garcia, which was part of a Project called Project Wild 14: Bill, which in turn was part of Operation Wolly, which I 15 have since discovered related to the targeting of Lawrence 16 Wollersheim and his lawyer at the time, Charles O'Reilly. 17 18 28. There is an ongoing policy in the Church of 19 Scientology to harass and intimidate judges. I have read 20 the neclaration of Robert Vaughn Young, an expert witness 21 for the defense in my civil case, in which he described the 22 following in Paragraph 49: "The other member of the Court 23 that was being referred to was Federal District Court Judge 24 Charles Richey who was the target of a sting operation 25 conducted by a private investigator hired by Scientology 26 that forced the Judge to recuse himself from the 27 Scientology case on which he was sitting. The judge was


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