[Garry Scarff Affidavit, second part]
(back to 1st part)
[Page 11]
last March that drew the attention of local and international
media. After Mr. Rinder left the room, I became very emotional and
cried to Mr Abelson that I wanted to end the meeting because Mr.
Rinder did not believe what I was telling him. Mr. Abelson assured
me that he did and suggested that I go outside and take a break. I
did so in the company of my host/handler.
23. When I returned to continue the discussions,
Mr.
Rinder sat down in front of me and said, " So, you don't think
I
believe you?". I looked at Elliot Abelson and asked him
why he told
Mr. Rinder what I said and he replied that it had been required by
his obligations to Mr. Rinder as a church attorney. I told Mr.
Rinder that I did not want to be his enemy anymore, that I wanted
to be his friend and that I would do anything to prove my
worthiness to him including putting a gun to my head and pulling
the trigger. Mr. Rinder scolded me that he did not want me to kill
myself, that he only wanted me to do what the Church of Scientoloqy
requires it's members to do..."to tell the truth and the truth
shall
make you free." I asked Mr Rinder if he would talk to me
again
after our meeting, at which he replied that it was his obligation
I
as a minister of a church to help people, that scientology is in
the business of helping people, and that he would help me if I
asked for it.
24. Shortly thereafter, Ken Long walked into the suite
with several documents titled AFFIDAVIT OF GARRY SCARFF which
Elliot Abelson said he wanted me to sign. I was alarmed that much
of the information that I had given was twisted, had been
creatively and dramatically written to emphasize that I was an
individual with severe mental illness and a patholoqical liar, and
[page 12]
accused my former attorney of acting unethically and criminally.
I
asked Elliot Abelson if the declarations were written by
Scientology investiqator Eugene Ingram because the dramatic and
flamboyant style in which they were written, and because the very
accusatory tone as to specific individuals is very similar to
declarations that Mr. Ingram had written previously.
25. Mr Rinder then said he knew that I was doing
the right thing and that I would not have come all the way to Los
Anqeles without the accompaniment of an attorney if I didn't want
to be truthful. Mr. Rinder said he did believe me, that I was
telling the truth that day, that my physical and emotional health
had been severely damaged and mocked-up by Graham Berry, Larry
Wollersheim and Vaughn and Stacy Young. He said that he wanted to
be my friend. I told him that I wanted to remain in Los Angeles,
or at least move to Los Angeles, so I could work with him. He
replied that I needed help, that I needed to win over my AIDS
condition and that he would help in any way he could I then
agreed (without reqard for how it may hurt others includinq my
friend and former attorney) to sign one major declaration and a
number of smaller declarations derived from the larger declaration.
Mr Abelson, on videotape, went throuqh the motions of introducing
himself, introducing me, asking me whether any of the AIDS-related
medication I'm taking had side effects that would alter my ability
to provide "truthful" testimony, then held up pages of the
declarations into the eye of the camera lens, introduced his notary
public (a Scientologist) who had me swear to the truth of the
declarations prepared for me and I signed them in her presence.
26 Initially, when I first saw the major declaration, I
[page 13]
became very angry as it betrayed every reason and condition for my
aqreeing to meet with Mr. Abelson and I demanded that I have the
opportunity to amend statements and to scratch out statements that
I had not made I recall going through three or four drafts, at
the visible unhappiness of Mr. Abelson and Mr. Rinder. When
the
final draft was completed and printed out by Mr. Long on his laptop
computer, I told Mr Abelson that I wanted to read the declaration
instead of him simply holding pages up and introducing them on
tape. Mr. Abelson refused to abide by my request and we argued,
then Mr Rinder interceded and instructed Mr. Abelson to let me
read it on tape. Mr. Abelson then argued with Mr Rinder about the
"waste of time" it would take for me to read the declaration,
but
Mr. Rinder interceded and told me to read it.
27. I slowly and deliberately read the multi-page
declaration to the obvious ire of Mr. Abelson who resorted to hand
motions to urge me to speak faster. I ignored him. In the mid-
point of my declaration, I observed Mr. Rinder fa11inq asleep on
the sofa.
28. At the conclusion of the videotaping,
Mr Abelson
promised me that I would have copies of all declarations,
audiotapes and videotapes of my interviews and the reading of the
declarations before I left Los Anqeles to go home. This was not
the case. I received copies and one videotape three weeks later,
after I had faxed a demand letter for them, made one personal
telephone call to Elliot Abelson, and spoke with paralegal Ken Long
who told me that the Church did not intend to release the promised
materials to me until Scientology attorneys had had the opportunity
to use them. Shortly afterwards they arrived in the mail. Mr.
[page 14]
Abelson later apologized for the delay in getting copies to me
saying that he had been very busy and discounted Mr. Long's
statement to me, saying that he was out of line and apologized for
him as well.
29. I left Los Angeles on Sunday morning, July
6th.
30. Having received the declarations, and having
had the
opportunity to carefully review them without being hurried along as
I was by Mr. Abelson, and in an environment free of Scientologists,
I am now cognizant of numerous distortions of fact and statements
I
had made in those declarations.
31 In a personally-driven attempt to retire from
the
loop of the scientology wars that I had been an intimate part of
for nearly two decades of my life, I was willing to do anything I
could to facilitate that desire, even if it meant denying my past,
denying the truth, and opening myself up to potential perjury
charges. My mindset was and is now, that nothing could hurt me
more than what I've had to endure as a PWLA (Person Living with
AIDS) , and that although I would be scourged by two opposing sides,
it would provide me the opportunity to leave my past behind me and
live for the future.
32. It wasn't until after having spoken to Graham
Berry
that I learned of the potential that my declaration had to destroy
a man's professional career, if such declarations were misused in
a
manner intended to do just that. After carefully reading my
declarations and recollecting my conversations with Mr. Abelson who
claimed Mr Berry to be "a very troubled man in a lot of trouble",
I concluded that Scientology attorneys were intending to use me as
a weapon to destroy Graham Berry.
[page 15]
33. For the record, I attest that the most current
declarations I signed under pressure and encouraqement from
Scientology officials are deliberate distortions of facts stated
and believed I feel remorse for falsely implicating Graham Berry,
Esq. in any activities which, under the laws, would be viewed as
unethical or illeqal. I have known Mr. Berry since the Fishman-
Geertz case was pending in 1993. I first met him when he flew me
to Los Angeles, ironically, during the Independence Day weekend in
1993, to take my declaration. Having given declarations and
depositions in the past, and having had legal education in college,
I am aware that declarations may be taken prior to speaking in a
deposition because it gives attorneys the opportunity of discovery
and learning whether such a witness would be useful in a deposition
scenario. Unlike the corroborated "witness schools" which
have
existed in the Church of Scientoloqy for years, Graham Berry did
not, and has not, ever offered or spoken to me in the manner of
coaching me for a deposition as Mr Abelson alleges.
34. Admittedly Mr. Berry and I have had our moments.
We
both possess strong personalities that have clashed more than once,
but that does not give anyone the right to falsely implicate
Mr. Berry in wrongful conduct and wrongful activities.
35. Contrary to my July 5, 1997 declarations,
prepared
by Scientology representatives, Graham Berry, Esq. has always
advised me to tell the truth, to be precise with the facts, and to
stand strong against Scientology-based intimidation and coercion
implemented as a result of the Church of Scientology's Fair Game
Policy. Specifically:
[page 16]
(a) M. Berry never "spent several days drilling
for the deposition". The work "drilling" is an
oft-used
Scientology word with it's own individual definition.
The two days I spent with mr Berry prior to my
deposition in the Fishman-Geertz case were spent in the
presence of a court reporter, in a law office, who took
what was described as an examination under oath. The two
volumes of this examination under oath, along with a
prior examination under oath, were made exhibits to the
transcript of my deposition
(b) It is my understanding that an attorney is
entitled to meet with a witness to discuss his knowledge
of a case, and to determine from that discovery whether
to use the witness in a deposition. I also met with
attorney Dan Leipold for the former Cult Awareness
Network. At no time have Scientology attorneys inferred
that Dan Leipold was coaching me as a witness although I
was speaking to him as an adverse witness to the Church.
(c) During the Fishman-Geertz case, Graham Berry
went well beyond the call of duty for an attorney to
ensure that I was protected against physical assault from
members of the church by hiring off-duty Los Angeles
Police officers to insure my safety. Also, because of
the mental and emotional struggles in testifying against
something that I had had a close bond to for many years,
Mr Berry hired counselors to assist me if I needed
someone to talk to
36. I profess that I am not an attorney and I do
not
[page 17]
know what are considered acceptable tactics in a court of law. It
is true in my declaration given to Elliot Abelson that Graham Berry
had me authenticate certain documents which were introduced as
evidence in my deposition of which I had no first-hand personal
experience with. It is also true that Scientology attorney Abelson
informed me that Graham Berry was indeed committing an illegal act,
worthy of disbarment from the California state Bar by having me
authenticate documents that were created at a time and place I was
I
not in the direct vicinity. I have trouble with this I can with
almost certainty identify the writing of my parents, to testify
and identify letters that bore their handwriting, even though I was
not present when they wrote the letter, makes me less capable in
identifying something that I had maintained personal, intimate
contact with for a period 40 years ? I was indeed capable of [ "40 years?" is partly handwritten]
authenticating Scientology~related documents in the Fishman-Geertz
case, and certainly did so, with very few objections from the two
Scientology attorneys present at the time.
37. during my "seventeen days of sworn deposition
in the
Church of Scientology International v. Steve Fishman & Uwe
Geertz
case... " I never manufactured "one lie after another for Berry's
use against the Church of Scientology". Furthermore, since my
testimony was factual, I was not concerned about any perjury and
had no discussions about any perjury with Graham Berry.
Accordingly, Mr. Berry never assured me not to worry about perjury,
or said that he would take care of it, or said that any
Scientologist who testified otherwise would not be believed because
the Courts were prejudiced against scientology. What I have
learned from my own observations is that the courts have become
[page 18]
aware of the less-than-conducive tactics of church attorneys, and
their legal losses tend to be proportionate to their own self-
created problems.
38. My deposition testimony, in the Fishman-Geertz
case,
as to a conspiracy "with attorneys Kendrick Moxon, Timothy Bowles
and Laurie Bartilson, as well as investiqator Eugene Ingram, to
murder CAN's Executive Director, Cynthia Kisser, and San Anselmo
attorney Ford Greene, was absolutely factual, was not false, and
was not "completely fabricated"... a phrase written
into my prior
declarations by Scientoloqy attorney Elliot Abelson.. "with the
knowing participation of Mr. Berry." At all times, I was
testifying truthfully and as a result I gave Mr. Berry no reason to
think otherwise.
39. I have never "been informed
by Mr Berry or others
that a litigation tactic successfully employed aqainst the Church
was to allege threats or fears for one's life", a phrase which
was
written into my declarations with attorney Abelson, by Mr. Abelson
himself to further incriminate, without just or legal cause, Mr.
Berry.
40. It is also not true and correct that
"my deposition
in the Fishman-Geertz case was a show put on by Graham Berry, in
which I attended his 'witness school', learned how to authenticate
exhibits I had never seen before, and then matriculated through 17
days of blatantly false testimony with Berry's assurances that I
would never be prosecuted for my falsehoods". I know and
can
attest to the phrase "witness school" as a Scientology phrase.
My
17 days of excruciating testimony, which was so stressful that it
exaggerated an ulcer condition, was very true, very factual and
[page 19]
correct. .1 .
41. It is also blatantly false that Graham
Berry has
"helped me lie while publicly protesting attacks on my
credibility." This phrase was a creation of Scientology attorney
Abelson as yet another example of the Scientology's exuberant
hatred for Graham Berry. Moreover, Graham Berry, Esq., has never
"knowingly participated in bringing me to create false testimony"
and therefore it is absolutely false that he "should be accountable
for his actions"
42. All of the testimony that I gave under direct
examination and cross-examination during the 17 days of deposition
in the case of The
Church of Scientology v. steve Fishman and Uwe
Geertz was true
and correct at the time that I gave it, having been
sworn in by an officer of the court, to the very best of my
knowledge and belief, and it remains true and correct to this day.
43. I deliberately and falsely recanted this testimony
on July 5, 1997, in Los Angeles in the company of Scientology
attorney Elliot Abelson, Scientology executive Mike Rinder,
Scientology paralegal Kenneth Richard Long, and a Scientologist
cameraman Earlier events to have this meeting accompanied by an
attorney to assure that my personal rights were assured were
ignored by the Scientologists who refused to speak with me unless
I
fired my attorney and signed their declaration confirming the
termination of my legal representation. Further, my recantation
was inspired by the culmination of enormous harassment,
intimidation, slander, conspiracies to cause damage in my personal
livelihood and the enormous impact that such actions were having on
my weakened health I am a man living with AIDS and have suffered
[page 20]
maladies attributable to the AIDS virus. Because of the stress and
fear of retaliation by Scientology members, I believed that a total
repudiation of past testimony would free me from the future such
activities by Scientologists towards me. I also wanted to believe
that Scientology attorney Abelson cared for me, cared for my health
and wanted to be my "friend", and to achieve this I relented
to
attorney Abelson's demands to participate in the discussions
specific to what Mr Abelson said was of importance to Scientology
at the time, and after they had worded and created the declarations
their words and
flamboyant editorial style, signed various July
5, 1997, declarations that Abelson insisted I sign before returning
to Florida. I complied.
44. Mr Abelson advised me on a number of occasions,
true to the conditions we had verbally agreed upon in meeting, that
I would be provided copies of my declaration, copies of the
videotaped discussions, and copies of audiotapes prior to my return
to Florida. Mr Abelson failed to honor this agreement. Three
weeks later, I spoke to Scientology paralegal Kenneth Long who
informed me that Abelson and Rinder had decided to not release to
me any of the declarations and tapes until such time as they
decided to facilitate them in some legal action. Following several
long-distance angry telephone calls, Mr. Abelson mailed me some,
but not all of the materials that he had promised me.
45. Since my return from Los Angeles to Florida,
I have
reflected upon what I did and why, and I now wish to correct that
record before any further damage is wrongfully done to injure
Graham Berry's personal and/or professional life
46. As a terminally ill individual, I placed the
[page 21]
importance of my personal situation above all else and was amiss in
looking at the circumstances of my bad judgment. I was also
mislead, again, by what I first observed was the compassionate and
cordial side of Scientology which agreed to meet with me under my
own conditions, yet, I was driven to pursue, support and record
precisely what Scientology representatives sought from me:
testimony that falsely incriminates an attorney and declarations
that present me as a totally unreliable individual with no
integrity, no dignity or self-worth. I have come to experience
many broken promises in the last two months, and given their
attitudes toward me during our meetings, and afterwards when they
demanded that I sign declarations that they had written, I realized
that I was just another "good end product" to Scientology
and a
weapon that they could use to hurt and injure others.
47. Likewise, I have learned the hard way,
after wanting
very much to forgive, to trust and to believe, that working with
Scientology is like working for the Mafia. You can be their
friend, but if you don't follow them and follow their rules, you
pay a high price!
48. To my knowledge, I have never known attorney
Graham
Berry to have participated in any unlawful, unethical or improper
conduct.
49. With this truthful and factual correction of
the
record, it is my wish to have no further involvement in any matters
relating to the Church of Scientology, except for those matters
where my personal integrity is questioned and maligned. However,
my primary focus is concentrating on my own health and stress-free
environment as much as is humanly possible.
[page 22]
I declare under penalty of perjury under the laws of
the United States and under the laws of the states of California
and Florida, that the foregoing is true and correct.
Executed in Orlando , Florida, this 14 day of
August, 1997.
