1                 DECLARATION OF 

 2        I,                     hereby declare as follows:

 3        1.   I am over 18 years of age and a resident of the State

 4    of Texas.  I have personal knowledge of the matters set forth

 5    herein and, if called upon to do so, could and would competently

 6    testify thereto.

 7        2.   From 1972 until 1987, I was a member of various Church

 8    of Scientology ("Church") entities. During that time I held a

 9    number of important positions in the corporate and ecclesiastical

10    hierarchy of the Church.  I was also a devout believer in the

11    religion of Scientology. In March of 1987, my husband        

12           and I left our positions with the Church and returned

13    home to Texas from California. At the tine we left,         and

14    I voluntarily executed certain releases and waivers in full

15    settlement of any and all disputes we had with the Church. In

16    April 1988, notwithstanding our execution of those releases and

17    waivers,         and I filed a lawsuit against several Church

18    entities and individuals in the United States District Court for

19    the Central District of California.

20        3.   During the time I was a senior Church executive, I

21    gained first hand knowledge of the manner in which some apostate

22    former Church members had.pursued civil claims against the

23    Church, and obtained successful verdicts or judgments or

24    favorable settlements notwithstanding the merits. The courts

25    consistently allowed the Church's adversaries leeway to introduce

26    allegations without regard to the normal rules of procedure and

27    evidence.  At the time, this was a source of great concern to me,

28    both as a Scientologist and a Church executive, particularly



1 since my staff duties included responsibilities regarding certain 2 areas of litigation. 3 4. Thus, having participated in Scientology litigation 4 both as a Church executive and as a litigant against the Church, 5 I bring two distinct, but related, perspectives to this 6 declaration from my personal knowledge and observation. First, 7 at the time my husband and I brought our own suit I understood 8 that the legal system could be used to pursue my position. 9 Later, upon having sued various Scientology churches and having 10 allied myself with other litigants and their counsel suing 11 Scientology churches, I observed first hand the ways in which the 12 legal system is successfully used by litigants and counsel 13 opposing the Church. 14 5. The fundamental premise upon which the Church's 15 adversaries and their lawyers operate is the likelihood that 16 courts and juries are willing to believe any allegation made 17 against the Church by a former member, without regard to is plausibility, contrary evidence or the true facts. That concept 19 was most succinctly expressed, on videotape, by anti-Scientology 20 litigant, Gerald Armstrong, when he stated that a lack of 21 documents or evidence was no impediment to litigating against the 22 Church when the litigant can "just allege it." The active 23 pursuit of that litigation approach has now led to the formation 24 of a small group of disaffected Scientologists who are now 25 employed by an even smaller number of attorneys who are making a 26 practice of litigating against the Church. This stable of 27 witnesses can be relied upon to furnish "corroboration" for any 28 allegation which an attorney wishes to make against the Church in
1 pleadings, at deposition, in affidavits, and ultimately in trial 2 testimony. 3 6. The abusive device most consistently utilized by 4 litigants and counsel adverse to the Church occurs in connection 5 with the filing of declarations or affidavits. It is common 6 knowledge among the stable of disaffected ex-Scientologists who 7 supply such sworn statements that the attorneys dictate the 8 desired content of such testimony with the primary, often sole, 9 purpose of presenting inflammatory accusations that prejudice the 10 Church in the eyes of the court. In such declarations or 11 affidavits, context, the truth, and relevance to the issues in 12 the case are disregarded altogether. As time has passed and this 13 technique has evolved, anti-Church litigants and their counsel 14 have become more and more emboldened in making such declarations 15 and affidavits because the tactic has proven to be so effective 16 in poisoning courts and juries against the Church. 17 7. The most common and probably the most devastating 18 manifestation of this tactic is the use of allegations concerning 19 the so-called "Fair Game" policy of the Church. The term "Fair 20 Game" has been misrepresented and repeatedly used by the Church's 21 litigation adversaries as a means to create prejudice against the 22 Church. To accomplish that end, counsel fashions a declaration 23 in which the witness identifies an ugly event -- real, imagined, 24 or just plain invented -- and then alleges that it was a 25 deliberate act which was committed by the Church. The idea is to 26 create the false impression that the Church is committing acts of 27 retribution in pursuit of "Fair Game." 28 8. A central element of exploiting the "Fair Game" tactic
1 is to make certain that the allegations are crafted so they 2 cannot be objectively disproved. In other words, the declarant 3 makes an allegation of a bad or harmful or harassing act that 4 cannot be documented in a tangible form and then alleges that it 5 was done by the Church pursuant to the Fair Game "policy." By so 6 doing, the declarant has put the Church in the impossible 7 position of trying to prove a negative and trying to prove it 6 without documentation. It becomes a matter of the declarant's 9 word against that of the Church, and by making the act alleged 10 sufficiently despicable, the result is prejudice against the 12 Church. 12 9. The Fair Game policy was a policy to forward 13 Scientology's belief that any attacks on Scientology by those 14 seeking to destroy it were to be vigorously defended by legal 15 means and never ignored. It was not a policy condoning or 16 encouraging illegal or criminal activities. The policy was 17 misinterpreted by others and was thus canceled. It has since 18 been used by litigants over the years as a vehicle to give 19 credibility to allegations to try to prejudice courts against 20 Scientology. An event happens such as someone's wife dies in a 21 car accident, and the allegation is made that this is a murder 22 committed by the Church pursuant to "Fair Game" policy. This 23 technique is known to those who attack the Church and so they 24 continue to use this term to try to prejudice the courts. These 25 people feel comfortable making scandalous allegations, knowing 26 that the Church does not have such a policy. I am unaware of any 27 allegations of "Fair Game" being made by persons who have simply 28 left the Church. Rather, the charges of Fair Game are invariably
1 made by parties who have subsequently become involved in 2 litigation with the Church and who have started working with 3 other anti-Scientology litigants familiar with this tactic. 4 10. It has been may experience that these litigants and 5 lawyers become emboldened because the history of, Scientology 6 litigation demonstrates that virtually any charge leveled against 7 the Church in litigation by an avowed enemy, no matter how 8 outrageous or unfounded, will be accepted and believed. Based on 9 my experience it is a matter of common knowledge that efforts by 10 the Church to refute such prejudicial allegations have commonly 11 not been believed in the courts. 12 11. Thus, it has become a routine practice of litigants to 13 make accusations against the Church, including even false 14 allegations of threats of murder, which would be summarily thrown 15 out of court as unsupported and scandalous in other litigation. 16 They do it because it works, and they do it by deliberately 17 mischaracterizing the term "Fair Game". They do it as an 18 intentional means to destroy the reputation of the Church in the 19 context of litigation so that they can win money or force the 20 Church to settle. 21 12. While I was in the Church I witnessed the "Fair Game" 22 allegations made by Gerry Armstrong and Larry Wollersheim in 23 their litigation against the Church. My position in the Church 24 at the time gave me broad access to what was occurring and I 25 would have known were the allegations made by Armstrong and 26 Wollersheim true. Wollersheim, for example, made the allegation 27 that a pipe bomb was found on his parent's lawn and, without any 28 corroboration, blamed the Church. I know from my own personal
1 knowledge that this outrageous allegation of Church involvement 2 is absolutely false. During the Wollersheim trial rumors began 3 to spread throughout the trial courtroom that Judge Ronald 4 Swearinger had been followed, his tires had been slashed, and his 5 pet dog had drowned, and that the Church was responsible for that 6 supposed activity. All of those allegations of Church complicity 7 were false, as well, as I now personally attest. Armstrong 8 alleged the Church was trying to kill him and this allegation 9 also was just made up. I know of its falsity of my own personal 10 knowledge. Both Armstrong and Wollersheim continue to make the 11 same type of outrageous allegations of Fair Game to forward their 12 litigation to this day, due in no small measure to the fact that 13 they practiced Fair Game so effectively in their earlier, 14 victorious litigation against the Church. 15 13. The term "fair game" has become a catch phrase for 16 those who attack the Church. When I was in the Church I never 17 heard it referred to as a policy to be used, the only time it was 18 discussed was in reference to litigation in which it was being 19 alleged by Church adversaries. When I was in the Church, I knew 20 that litigants opposing the Church were constantly making fair 21 game allegations against us and that those allegations were 22 nonsense. I also know the frustration those allegations caused 23 because of the willingness of courts and juries to embrace them. 24 From my experience in litigating against the Church, I can see 25 that nothing has changed in this regard. I also know from my 26 experiences in suing the Church and from my association with 27 other litigation adversaries of the Church that they know that 28 "Fair Game" as they portray it is not Church policy. "Fair Game"
1 exists only as a litigation tactic employed against the Church. 2 I declare under the penalty of perjury under the laws of the 3 United States of America, and under the laws of each individual 4 state thereof, including the laws of the states of California and 5 Texas, that the foregoing is true and correct. 6 Executed this 19th day of May, 1994 in Dallas, Texas. 7 8 Signature 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28