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           1        IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA

           2                      CASE NO. 00-5682-CI-11

           3

           4

           5
                DELL LIEBREICH, as Personal
           6    Representative of the ESTATE OF
                LISA McPHERSON,
           7

           8              Plaintiff,

           9    vs.                                     VOLUME 2

          10    CHURCH OF SCIENTOLOGY FLAG
                SERVICE ORGANIZATION, JANIS
          11    JOHNSON, ALAIN KARTUZINSKI
                and DAVID HOUGHTON, D.D.S.,
          12
                          Defendants.
          13
                _______________________________________/
          14

          15

          16    PROCEEDINGS:        Defendants' Omnibus Motion for
                                    Terminating Sanctions and Other Relief.
          17
                CONTENTS:           Testimony of Brian Haney.
          18                        (Cross-Examination)

          19    DATE:               June 19, 2002.  Afternoon Session.

          20    PLACE:              Courtroom B, Judicial Building
                                    St. Petersburg, Florida.
          21
                BEFORE:             Honorable Susan F. Schaeffer,
          22                        Circuit Judge.

          23    REPORTED BY:        Lynne J. Ide, RMR.
                                    Deputy Official Court Reporter,
          24                        Sixth Judicial Circuit of Florida.

          25

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           1    APPEARANCES:

           2
                MR. KENNAN G. DANDAR
           3    DANDAR & DANDAR
                5340 West Kennedy Blvd., Suite 201
           4    Tampa, FL 33602
                Attorney for Plaintiff.
           5

           6    MR. LUKE CHARLES LIROT
                LUKE CHARLES LIROT, PA
           7    112 N East Street, Street, Suite B
                Tampa, FL 33602-4108
           8    Attorney for Plaintiff

           9
                MR. KENDRICK MOXON
          10    MOXON & KOBRIN
                1100 Cleveland Street, Suite 900
          11    Clearwater, FL 33755
                Attorney for Church of Scientology Flag Service
          12    Organization.

          13
                MR. LEE FUGATE
          14    MR. MORRIS WEINBERG, JR.
                ZUCKERMAN, SPAEDER
          15    101 E. Kennedy Blvd, Suite 1200
                Tampa, FL 33602-5147
          16    Attorney for Church of Scientology Flag Service
                Organization.
          17

          18    MR. ERIC M. LIEBERMAN
                RABINOWITZ, BOUDIN, STANDARD
          19    740 Broadway at Astor Place
                New York, NY 10003-9518
          20    Attorney for Church of Scientology Flag Service
                Organization.
          21

          22    MR. RICHARD D. ROGOVIN
                Bricker & Eckler, LLP
          23    100 South Third Street
                Columbus, Ohio  43215-4291
          24    Attorney for Hugh Brian Haney.

          25

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           1    APPEARANCES:
                (Continued)
           2

           3    MR. ROBERT J. HEALY, JR.
                Fowler, White, Boggs & Banker
           4    501 First Avenue North
                Suite 900
           5    St. Petersburg, Florida  33701
                Attorney for Digital Lightwave.
           6

           7

           8

           9

          10

          11

          12

          13

          14

          15

          16

          17

          18

          19

          20

          21

          22

          23

          24

          25

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           1              THE COURT:  You may be seated.

           2              All right.  You may inquire.

           3              MR. WEINBERG:  Thank you.

           4                        CROSS-EXAMINATION

           5    BY MR. WEINBERG:

           6         Q    Good afternoon, Mr. Haney.

           7              You say -- I heard you say that you are not an

           8    anti-Scientologist, just a Scientology critic.  Is that what

           9    you said?

          10         A    That would be correct.

          11         Q    All right.  Now, eventually, am I right, that you

          12    disassociated yourself from the Lisa McPherson Trust because

          13    they -- their actions or purpose was to harass Scientology,

          14    that is essentially what they started doing?  Is that what

          15    you said?

          16         A    Most of the activities were dictated by Bob.  And

          17    they were mostly to harass Scientology, yes.

          18         Q    Now, Mr. Minton was an anti-Scientologist, wasn't

          19    he?

          20         A    I -- I don't know how he considers himself.

          21         Q    Well, how did you consider him when you saw him in

          22    action at the Lisa McPherson Trust, and then the contact you

          23    had with him over the Internet and in person?  How did you

          24    consider him?  He was somebody that had -- had a very strong

          25    dislike for Scientology, didn't he?

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           1         A    I thought of it a little differently than that.  I

           2    thought of him as somebody who wanted to be in the

           3    spotlight.  So I didn't, you know, look at it maybe the same

           4    way you do.  But that is the way he got himself in the

           5    spotlight.

           6         Q    Stacy Brooks, at the LMT, she was an

           7    anti-Scientologist, wasn't she?

           8         A    Actually, Stacy usually was telling him not to do

           9    the things that he did, but he didn't listen to her, either,

          10    at least during the time I was present.

          11         Q    Now, Jesse Prince, you had association with him,

          12    didn't you?

          13         A    Yes.

          14         Q    And you considered him to be an

          15    anti-Scientologist, didn't you?

          16         A    Mmm, Jesse almost never wanted to do the things

          17    like picketing.  He did a couple times at the beginning.  I

          18    think he disliked it and he didn't want to.

          19              But Bob made it pretty much a requirement of

          20    working there that, you know, you had to accompany him on

          21    these things.  I would say it was considered disloyal if you

          22    didn't participate.

          23         Q    So it's fair to say that Jesse went kicking and

          24    screaming to these pickets but he didn't really want to go?

          25         A    Well, at the beginning he went to a few of them, I

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           1    would say, gleefully, and I would say after that, Mmm, you

           2    know, very quickly it soured in his mouth, so to speak.

           3         Q    Well, and you were at these pickets?

           4         A    No.

           5         Q    But you just heard about them?

           6         A    I heard about them and sometimes saw videos of

           7    them, yeah.

           8         Q    Mr. Bunker's videos of them?

           9         A    Yes.

          10         Q    So did you see the videos where Mr. Minton and

          11    Mr. Prince and others at the LMT shouted obscenities at the

          12    Church?

          13         A    I saw -- I saw a video when they were in Boston

          14    where the two of them and the one fellow -- kind of short

          15    fellow -- Mmm, had a very, you know, bad altercation in

          16    front of the Boston org.  I remember that one.

          17         Q    Well, you went on the -- on the Internet and would

          18    go to the ARS site, alt.religion.scientology site.  You did

          19    that, didn't you?

          20         A    I viewed it, yes.

          21         Q    And you would consider that to be an

          22    anti-Scientology site, wouldn't you?

          23         A    Well, if you tell me what you mean by

          24    anti-Scientology, I will be happy to make that more concise.

          25         Q    Well, it's fair to say that the people that visit

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           1    that site, the great vast majority of them say very nasty

           2    things, often obscene things, about the Church of

           3    Scientology, David Miscavige, and others involved in

           4    Scientology, right?

           5         A    I would say that there is a very vocal, very small

           6    minority, that do exactly what you are saying, yes.

           7         Q    And that vocal, small minority included people

           8    like Bob Minton, correct?

           9         A    Yes.

          10         Q    Jesse Prince?

          11         A    Mmm, some.  Not nearly so much.  Yeah.

          12         Q    Stacy Brooks?

          13         A    No.  She -- she didn't -- I don't remember her

          14    ever using foul language.

          15         Q    Now, Grady Ward?  I mean, he was one of your

          16    fellow board members or advisory committee members at the

          17    LMT.  You saw some of his stuff on ARS, didn't you?

          18         A    I saw Grady Ward's things that you're talking

          19    about.  And then, as I recall, he just stopped.

          20         Q    Right.  And those were -- were beyond obscene,

          21    correct?  Those were grotesque?

          22         A    Yes, I would never -- I didn't read them after the

          23    first couple, so ...

          24         Q    Now, you would consider him a critic of

          25    Scientology like yourself?  That is, Grady Ward?

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           1         A    I don't think I can call him -- people have

           2    different purposes.  My purpose is the only one I can really

           3    speak to.

           4         Q    Well, the other folks that were at the LMT that

           5    were on the board that you were on, on the advisory

           6    committee, you know, when this got started, Jeff Jacobsen

           7    was a critic of Scientology?

           8         A    Yes.

           9         Q    Rod Keller?

          10         A    Yes.

          11         Q    Critic?

          12              Gerry Armstrong?

          13         A    Mmm --

          14         Q    Critic?

          15         A    I don't think he was on either of those things.

          16    But you might know better.

          17         Q    Frank Oliver?

          18         A    Yes.

          19         Q    Critic, right?

          20         A    Uh-huh.

          21         Q    Larry Wollersheim?

          22         A    He was not active in those things.  He was off by

          23    himself.

          24         Q    Now, you would consider some of the things that

          25    you saw posted by folks like some of the critics that we

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           1    just talked about on ARS to be religious bigotry, wouldn't

           2    you, posted against the Church of Scientology?  That is what

           3    it is, isn't it?

           4              MR. DANDAR:  Objection.  Outside of the scope.

           5              THE COURT:  Overruled.

           6              MR. DANDAR:  Relevance.

           7              THE COURT:  Overruled.

           8         A    I think that people had strong opinions about

           9    Scientology's behavior.  And sometimes they expressed those

          10    in ways that I wouldn't, but I think each person is entitled

          11    to their own opinion.

          12    BY MR. WEINBERG:

          13         Q    Well, did you approve of the obscene statements

          14    that Mr. Prince made in front of the Ft. Harrison Hotel

          15    about David Miscavige?

          16         A    I didn't see that.

          17         Q    Did you approve of the obscene statements that

          18    Mr. Minton made in front of Church buildings?  Is that

          19    something that you believed -- believe is -- is appropriate

          20    conduct?

          21         A    The one tape that I saw in Boston, that fellow,

          22    Frank Ofman or whatever his name is, Bob and Jesse were

          23    walking back and forth -- trying to just walk back and

          24    forth, and he stayed in their face so close that I'm sure

          25    his spittle was on their face.  And finally at some point

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           1    they all ended up screaming filthy language at each other.

           2    Yes, that did happen.

           3         Q    What did you mean when you said that Jesse Prince

           4    didn't want to picket?

           5         A    I didn't say that.  I said, to me, I think he lost

           6    his taste for it because of that incident, and maybe one

           7    other like it.

           8              Then, after that, I think he did it strictly

           9    because Bob wanted him to.  And it was -- you know, it was

          10    basically a requirement of the job, I think.

          11         Q    So when you say the job, Bob Minton was paying

          12    Jesse Prince to do whatever Bob Minton wanted Jesse Prince

          13    to do?  Was that your understanding?

          14         A    No.  My understanding was that there were a group

          15    of people, six or eight people, who worked at the Lisa

          16    McPherson Trust.  And each time Bob went to picket, he would

          17    ask them to picket.  And if they didn't want to go, I saw

          18    the way he behaved toward them.  And it's my impression that

          19    he considered it disloyal for them not to go picket when he

          20    wanted them to.

          21         Q    I thought you lived in Columbus, Ohio?

          22         A    I do.

          23         Q    So how frequently were you in Clearwater?

          24         A    Mmm, maybe one year, four times.  Another year,

          25    three times.  Something like that.

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           1         Q    So this experience that you're talking about,

           2    about your observations concerning Jesse Prince and Bob

           3    Minton, this would be a handful of experiences because you

           4    weren't down here on a daily basis, or weekly basis, or even

           5    a monthly basis, correct?

           6         A    It would be that small number in Clearwater, yes.

           7         Q    Now, when did you become a critic of Scientology,

           8    as you use that term?

           9         A    Mmm, I got on the Internet in, I think, August of

          10    '96.  And I spent quite a lot of time, between August,

          11    September, October, reading on the Internet.  And I would

          12    say by October I knew enough about what was going on that I

          13    would consider myself a critic.

          14         Q    Well, you left the staff.  And you left being a

          15    public member of Scientology when?

          16         A    In February of '94.

          17         Q    So from February of '94 when you left, until what

          18    you just said, August of '96, you were not a critic of

          19    Scientology?

          20         A    Yes, I didn't do anything.  I didn't -- you know,

          21    I didn't do anything in relation to Scientology during that

          22    time.

          23         Q    Well, what do you mean by critic?

          24         A    I mean someone who believes that there are things

          25    about Scientology and its actions in society that ought to

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           1    either be reformed or stopped, and that someone would have a

           2    moral obligation to bring those things to the attention of

           3    parties who could do something about it.

           4              And also the aspect of helping people, helping

           5    people who have lost their money, their homes, their

           6    familial relationships, through their association with

           7    Scientology, help them to get help through rehab centers,

           8    through counseling, through churches.

           9         Q    And you learned this -- this information that led

          10    you to be a critic from going on the Internet in August

          11    of -- August, September and October of 1996?

          12         A    I would say not exclusively, but, yes, the vast

          13    majority of what I learned, I learned from reading it on the

          14    Internet.

          15         Q    And what site or sites did you visit on the

          16    Internet, Mr. Haney?

          17         A    Mmm, I wasn't conversant with the Internet back

          18    then.  I just got started.  So I don't know all of the

          19    different places that I went.  But certainly --

          20         Q    List one.

          21         A    Xenu.net, which they call Operation Clambake.  I

          22    know that was one.

          23         Q    Operation Clambake.  How about ARS,

          24    alt.religion.scientology?

          25         A    That is just a newsgroup.  They have messages

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           1    there.  And I started reading messages at some point, but I

           2    don't know when it was.

           3         Q    How did you find out about Operation Clambake or

           4    whatever the site?

           5         A    It was referred to on one of the places I went.  I

           6    mean, I just put -- I put "Scientology" into a search

           7    engine, it popped up with results, and I went to some of the

           8    places that came up.

           9

          10         Q    Well, was there something that happened in August

          11    of '96 that had you go to Operation Clambake, start going to

          12    the Internet, which you said you had not visited much

          13    before?

          14              THE COURT:  I don't think it is Operation

          15         Clambake.  I think it is X-E-N-U, I have seen it

          16         referred to.

          17    BY MR. WEINBERG:

          18         Q    But that is the Operation Clambake site, is that

          19    what it is?

          20         A    That is the title page.  That is what it says,

          21    yes.

          22         Q    How do you pronounce that?  Xenu?

          23         A    Yes.  That is how you pronounce it.  Xenu.net.

          24              MR. WEINBERG:  You are quicker than I am on

          25         that.

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           1    BY MR. WEINBERG:

           2         Q    Was there something that occurred in August of '96

           3    that caused you, led you, to go to Xenu.com and some of

           4    these other sites on the Internet?

           5         A    Only that I got Internet access.  And when I got

           6    it, I put many different things into the search engine and

           7    saw the results that came up and looked at things.

           8              For instance, my car.  I have an NSX.  So I put

           9    "Acura NSX" in there.  And I have lots of different things

          10    like that.  And one was Scientology.

          11         Q    But you didn't become a critic of Acura cars,

          12    right?

          13         A    That is correct.

          14         Q    But you put in "Scientology."  And what came out

          15    was -- were sites or places where you -- one could go to

          16    see -- to read very bad things about Scientology.  Correct?

          17         A    I would say that there were sites that had a

          18    tremendous amount of information about Scientology, yes.

          19         Q    Okay.  And was there some way that you could

          20    assure yourself that what you were reading was, you know,

          21    anything more than garbage?

          22         A    Mmm, only to the -- only by the sense that you

          23    just look at a wide variety of sources and come to a

          24    conclusion based on reading all of them.  I do that with a

          25    lot of things.

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           1         Q    So you went on the Internet for three months in

           2    '96 and you got all educated up from these sites about

           3    Scientology.  And then what did you do?

           4         A    I contacted some of the people that had E-Mail

           5    addresses on ARS at some point.

           6         Q    Okay.  Well, who were some of the people?

           7         A    Well, I don't remember initially.

           8         Q    Well, some names that we might know.  Vaughn

           9    Young?  Stacy Young?  Jesse Prince?  Larry Wollersheim?

          10         A    Well, Stacy was one of the first ones.

          11         Q    Stacy Young?

          12         A    Yes.

          13         Q    Anybody else that comes to mind?

          14         A    I don't know who else in the beginning that I

          15    contacted.

          16         Q    Well, after the beginning?

          17         A    Oh, certainly Grady Ward.  Well, if you go all of

          18    the way up until today, Frank Oliver, Mark DeLarma

          19    (phonetic), Jeff Jacobsen, Jesse Prince, Bob Minton.

          20         Q    What did you do with them on the Internet?  You

          21    got their E-Mail addresses.  What did you do?

          22         A    Just asked them what their association with -- you

          23    know, with Scientology, what was their interest, how did

          24    they become interested in it, what was their experience, if

          25    they'd been members, that kind of stuff.

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           1         Q    And did, for example, Stacy Young tell you she and

           2    her husband had been making a living writing declarations

           3    and testifying in cases involving the Church of Scientology?

           4    Did she tell you that?

           5         A    That wasn't the area of my inquiry, no.

           6         Q    Okay.  When you talked to Jesse Prince, did he

           7    tell you that he was being hired on to -- to work in cases

           8    against the Church of Scientology?

           9         A    I met Jesse before that.  So, no.

          10         Q    Well, did you have discussions with any of these

          11    people on the Internet about their cases involving

          12    Scientology?

          13         A    I don't know what you mean by that.

          14         Q    Did you talk -- did you communicate with Larry

          15    Wollersheim ever?

          16         A    Yes.  Once or twice I did.  Yes.

          17         Q    Okay.  How?

          18         A    By E-Mail.  And then I went to the FACTNet board

          19    meeting.  And I certainly saw him there, talked to him some

          20    there.

          21         Q    Okay.  So first it's going to the Internet.  Then

          22    you get names, E-Mail addresses, you communicate with

          23    people.

          24              Then what do you do as you evolved as a critic of

          25    Scientology after October of '96?

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           1              THE COURT:  I don't know what exactly you mean,

           2         what did he do?

           3    BY MR. WEINBERG:

           4         Q    Well, was there some other -- I mean, it sounds

           5    like it was an evolution, first the Internet, then you are

           6    communicating with some individuals.  Then is it FACTNet?

           7              I mean, what is the next -- what is it that you do

           8    to -- to -- to launch your critic activities?

           9         A    Well, I really didn't do anything.  I mean, I just

          10    communicated with people.  And sometimes when there were

          11    meetings, the AFF meeting, or the --

          12         Q    What does that mean, AFF?

          13         A    American Family Foundation.  It's an organization

          14    of academics, mostly, who meet and discuss cultic issues

          15    around the world.  They meet once a year at a convention.  I

          16    went to that convention two times.

          17         Q    With any of the -- of the critics from

          18    Scientology?

          19         A    Mmm, yes.

          20         Q    Who?

          21         A    Stacy was there sometimes.  Bob was there

          22    sometimes.  Hana and Jerry Whitfield were there sometimes.

          23    Frank Oliver was there sometimes.  Jeff Jacobsen was there

          24    sometimes.  Rob Keller was at the one in Philadelphia.

          25         Q    All right.  Now, FACTNet, when was it -- or how

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           1    was it that you got involved in FACTNet?

           2         A    Well, I went to the FACTNet board meeting and met

           3    the four or five people there.

           4         Q    Well, did somebody invite you to go there?

           5         A    Yes.  Stacy did.

           6         Q    So you had acquainted -- had you visited with

           7    Stacy before?  Or was this just over the phone or by E-Mail?

           8         A    I think just by E-Mail.  Maybe once on the phone.

           9         Q    Okay.  And you knew what FACTNet was?  It was

          10    explained to you what it was?

          11         A    I just went to their website and looked at what

          12    they were.

          13         Q    And did you understand that -- that it had to do

          14    with Scientology and activities against Scientology?

          15         A    I thought of it as an archival library about

          16    cults, almost exclusively about Scientology.  They had four

          17    or five other things, but mostly about Scientology.

          18         Q    When did you go out there, approximately?

          19         A    During the same time period.

          20         Q    Well --

          21         A    August, September, '96.  That is when I went

          22    there -- no, I'm sorry, I take that back.  Mmm, sometime

          23    before May of '98, but I don't know when the first time I

          24    went there was.

          25         Q    Okay.  And you -- when you went there, you met

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           1    with Mr. Wollersheim, Ms. Brooks and Mr. Minton?

           2         A    And Dan Leipold.

           3         Q    And Dan Leipold was there, as well?

           4         A    Yes.

           5         Q    Is that when you first met Mr. Leipold?

           6         A    Yes.

           7         Q    And it was at that first meeting that you

           8    contributed $100,000?

           9         A    No.  It was a couple weeks later.

          10         Q    And then the total amount that you gave to FACTNet

          11    was $120,000?

          12         A    That is correct.

          13         Q    And those were checks made payable to FACTNet?

          14         A    Yes.

          15         Q    And that money was solicited by Ms. Brooks, or

          16    Mr. Minton, or who?

          17         A    Mostly by Ms. Brooks.

          18         Q    Okay.  And -- and that caused you, I think you

          19    said, down the road some concern because you didn't think

          20    the money was being used the way you wanted it to be used?

          21         A    I had given that money to pay their operating

          22    expenses for approximately one year.  I understood their

          23    operating expenses to be about $8,000 a month.  They were

          24    putting all their money toward litigation.

          25              I thought the archival library was a valuable

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           1    resource for people who wanted to find out about

           2    Scientology.  So I said, "Look, I'll put in this money and

           3    this should pay your expenses for one year, during which you

           4    can do other fund-raising efforts and raise money to keep it

           5    going after that."  That was my intention.

           6         Q    Now, you knew Mr. Minton was also putting his

           7    money into FACTNet, too, right?

           8         A    No.

           9         Q    Now, you were on the board of FACTNet?

          10         A    No.

          11         Q    Did you have a position at FACTNet?

          12         A    No.

          13         Q    In the fall of 1998, you funded an

          14    anti-Scientology airplane banner that flew over the county,

          15    correct?

          16         A    I contributed money to a -- to -- somebody had

          17    arranged for a banner that said "Remember Lisa McPherson."

          18    And I think it was about $1,000.  And I said I would put up

          19    half of it if the group of people that were sitting there,

          20    about 30 people, put up the other half of the money to fly

          21    over downtown while they did the vigil, yes.

          22         Q    Was that your idea?

          23         A    No.

          24         Q    Whose idea was it?

          25         A    Mmm, I think the guy's name was Kevin Baker, but

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           1    I'm not sure that is exactly right.  That is what I

           2    remember.

           3         Q    During that same period of time, you paid for

           4    anti-Scientology ads to go up on transit authority buses in

           5    Pinellas County, didn't you?

           6         A    No, I did not.

           7         Q    You didn't contribute any money to that?

           8         A    No.  No.

           9         Q    Did you have anything to do with it?

          10         A    I talked to Frank Oliver about it.  It was his

          11    idea to start a -- he's in that business, and he wanted to

          12    cause a group of advertisements like that to be circulated

          13    around.  And he asked my advice about specific aspects of

          14    that.  And I gave him that advice.

          15         Q    And do you know who paid for it?

          16         A    My understanding is it was like $100.  I think he

          17    paid for it himself.

          18         Q    Now, you attended the Public (sic) Suncoast

          19    Transit Authority -- PSTA -- meeting on January 27, 1999

          20    with Mr. Oliver and with Mr. Dandar when there was a

          21    petition being made -- being advanced to try to get those

          22    ads back up on the buses, correct?

          23         A    That is correct.

          24         Q    And you were there to -- as part of Mr. Oliver's

          25    team?  Or what?

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           1         A    Mmm, I was there because I was interested.  I

           2    thought that was a very egregious situation and I was

           3    shocked it occurred.  So I was very interested to see the

           4    outcome.

           5         Q    Do you remember seeing the ads on the buses?

           6         A    I didn't stay that day.  I was leaving town.  I

           7    walked by the bus stop and I might have seen two or three of

           8    them as they went by, but that is it.

           9         Q    And did you have anything to do with the

          10    different -- the language on the different ads?

          11         A    No.  Somebody else -- I assume Frank -- did that.

          12         Q    And what participation did Mr. Dandar have in all

          13    of that?  Do you know what he was doing at that meeting with

          14    you and Mr. Oliver?

          15         A    Mmm, he agreed to speak on Frank's behalf.  That

          16    is all.

          17              MR. WEINBERG:  Could I approach, your Honor?

          18              THE COURT:  You may.

          19              MR. WEINBERG:  This was part of 161.

          20              THE COURT:  I think I have already seen them.

          21              MR. DANDAR:  Are these in evidence?

          22              MR. WEINBERG:  Well, I -- there was an

          23         objection way back when.  And I frankly don't know,

          24         recall, what the bottom line was.

          25              THE COURT:  Madam Clerk, do you happen to have

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           1         the exhibit number of this group of pictures?

           2              MR. FUGATE:  It is 161.  And on my list it says

           3         ID only.

           4              THE COURT:  This is Number 161.  Is it in

           5         evidence?

           6              MR. DANDAR:  I do not believe so.  But, you

           7         know what, we objected before.  We'll waive the

           8         objection and let them in.

           9              MR. WEINBERG:  Okay.

          10              THE COURT:  All right.  Then whatever is 161,

          11         I'm sure it is this or something like this.

          12              MR. WEINBERG:  I think what it was was the

          13         transcript plus the -- no, it is just the ads.  So

          14         this is in evidence.

          15              THE COURT:  It's in evidence.

          16              THE CLERK:  It was only --

          17              MR. WEINBERG:  No.  But she just admitted it.

          18              THE COURT:  I just admitted it without

          19         objection.

          20    BY MR. WEINBERG:

          21         Q    You would consider -- you flipped through there.

          22    You would consider these to be rather critical signs of

          23    Scientology, correct?

          24         A    I consider them to be anti as opposed to pro, yes.

          25         Q    And you were -- and your position was that this

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           1    was some First Amendment right to be able to put this on the

           2    buses?  Was that the idea?

           3         A    I think the idea was Frank modeled these slogans

           4    in the campaign after the one done by truth.com where they

           5    ran advertisements on billboards and other places, on

           6    television, about big tobacco and their smoking campaign.

           7    And they used rather tantalizing statements to get people to

           8    pay attention.  And he modeled it on that.  And I thought it

           9    was a smart idea.  I thought it would get a lot of

          10    attention.

          11         Q    And this was at a time when you were a consultant

          12    for Mr. Dandar in the wrongful death case, correct?

          13         A    No.  It was after that.

          14         Q    Well, the meeting was -- was in 1999, wasn't it,

          15    the transit authority meeting?

          16         A    Mmm --

          17         Q    Weren't these signs in the fall of '98?

          18         A    I thought that -- I thought that this was -- I

          19    could be wrong, but I thought that he did these signs.  And

          20    then the next week I went to Gerry Armstrong's deposition.

          21         Q    All right.

          22         A    And that -- that was the beginning of my working

          23    with Mr. Dandar.

          24              MR. WEINBERG:  If I could approach, I think I

          25         can refresh his recollection.

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           1              THE COURT:  All right.

           2    BY MR. WEINBERG:

           3         Q    I'm going to show you what are some minutes of

           4    January 27, 1999 of the Pinellas Suncoast Transit Authority.

           5              You see in here there is a section at the end,

           6    there is a sign-in.  And that is your signature, correct?

           7         A    Yes, it is.

           8         Q    Does that refresh your recollection that --

           9         A    Yes.  So it was actually the month after.  So I

          10    started working with Mr. Dandar in December.  And this was

          11    the next January.  That is correct.

          12              MR. DANDAR:  So what is the date?  I'm sorry.

          13              THE COURT:  I don't know.

          14              THE WITNESS:  January 27, '99.

          15              MR. WEINBERG:  January 27, '99.

          16              MR. DANDAR:  The hearing?

          17              MR. WEINBERG:  Yes.

          18              MR. DANDAR:  Okay.  Thanks.

          19    BY MR. WEINBERG:

          20         Q    Now, I'm going to show you --

          21              MR. WEINBERG:  I'll have the clerk mark --

          22              THE CLERK:  212.

          23              MR. WEINBERG:  -- this as 212.

          24    BY MR. WEINBERG:

          25         Q    And if you'll just look at Exhibit 212.  Is that

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           1    the banner that you contributed to that was flown over the

           2    county?

           3         A    Yes.  I never saw it, so --

           4              THE COURT:  You are assuming that is it?

           5              THE WITNESS:  Yes.  It sure looks like it.

           6              MR. DANDAR:  Exhibit number?

           7              THE COURT:  212.

           8              MR. WEINBERG:  212.  I move 212 into evidence.

           9              MR. DANDAR:  No objection.

          10              THE COURT:  It will be received.

          11              MR. DANDAR:  Do we have a date on this?

          12              MR. WEINBERG:  No.  But I think he said it was

          13         in the fall of '98.

          14    BY MR. WEINBERG:

          15         Q    Is that right?

          16         A    This would have been during the same week that the

          17    signs were on the bus.  Yes.

          18         Q    And that had to do with the Lisa McPherson vigil,

          19    that was all timed for about the same time?

          20         A    It was the -- the memorial of her death was that

          21    week.  Yes.

          22         Q    Okay.  So that would be early December.  Correct?

          23         A    That is correct.

          24         Q    Now, has Mr. Dandar been your lawyer in anything?

          25         A    I don't believe so, no.

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           1         Q    You said something about you and Mr. Dandar having

           2    the same problem with the same individual.

           3         A    That is correct.

           4         Q    What was that?

           5         A    Mmm --

           6         Q    Or who was that, first of all?

           7         A    Well, I would rather not say who it is because --

           8    because I would rather not have that person contacted or

           9    possibly harassed.

          10         Q    Well, excuse me --

          11              MR. WEINBERG:  Your Honor --

          12              MR. DANDAR:  Judge, I object.  That person has

          13         nothing to do with Scientology, nothing to do with

          14         litigation, nothing to do with this case.

          15              THE COURT:  I'm sorry, this is a hearing, he

          16         brought it up.  He needs to answer the question.  I

          17         can't assume that is going to happen.

          18              I mean, this is something that was involved in

          19         some litigation?

          20              MR. DANDAR:  No.  No.  No litigation.  It has

          21         nothing to do with the Church of Scientology.  It

          22         has nothing to do with any litigation at all.

          23              THE COURT:  Well, it doesn't matter.  You can't

          24         just say "I am not going to tell you who it is."

          25              MR. DANDAR:  Judge, it involves a privacy

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           1         matter that I would invoke on behalf -- Mr. Haney's

           2         behalf and this third party.

           3              THE COURT:  What is it?  I mean, what is it

           4         you're talking about?  I thought this was somebody

           5         you were involved in litigation with.

           6              MR. DANDAR:  No, I'm not involved in litigation

           7         with.  And it involves a third party who has nothing

           8         to do with anybody here or anything --

           9              THE COURT:  Well, maybe I --

          10              MR. DANDAR:  I would rather tell you that in

          11         camera, to be honest with you.

          12              THE COURT:  Well, the answer is no.  I mean,

          13         no.  I can't assume just because you think that the

          14         Church of Scientology is going to harass this --

          15         whoever it is -- that that is going to occur.  We

          16         just can't have people coming in saying, "I'm not

          17         telling you."  There is no privacy right.

          18              If you have a privilege -- you represent him?

          19         Or do you represent them?

          20              MR. DANDAR:  No, I don't represent any of them.

          21              THE COURT:  Well --

          22              MR. DANDAR:  I represent myself.  And it is

          23         also relevancy.  There is nothing to connect it --

          24              THE COURT:  Counselor, sit down.

          25              You'll have to tell us who it is you are

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           1         talking about.

           2              THE WITNESS:  Fine.

           3         A    His name is Bob Gordon.

           4    BY MR. WEINBERG:

           5         Q    And what was the purpose of you even mentioning

           6    this, that you and Mr. Dandar had the same problem?  What

           7    did that have to do with this?  What was the purpose of you

           8    mentioning that?

           9              THE COURT:  Well, I think it came up as to --

          10         well, I don't know how it did come up.

          11              THE WITNESS:  I was asked why I was in

          12         Clearwater that day --

          13              THE COURT:  That is right.

          14              THE WITNESS:  -- when I was served with the

          15         subpoena.

          16    BY MR. WEINBERG:

          17         Q    Oh, the day you were served with the subpoena,

          18    that was it?

          19         A    That is correct.  Yes.

          20         Q    And so you and Mr. Dandar had a meeting with this

          21    same person to try to work out whatever the problem was?

          22         A    That is correct.

          23         Q    And Mr. Dandar had asked you to be at that

          24    meeting?

          25         A    No.  The man, Mr. Gordon, asked me to be at that

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           1    meeting.

           2         Q    And also asked Mr. Dandar to be at the meeting?

           3         A    I assume so.  I wanted him to be at the meeting.

           4         Q    Who served you with a subpoena?

           5              THE COURT:  Is that really relevant to this?

           6              MR. WEINBERG:  I don't know why Mr. Dandar

           7         asked him about it to begin with.

           8              THE COURT:  I don't know why, either.

           9         A    A man.  I don't remember his name.

          10    BY MR. WEINBERG:

          11         Q    All right.

          12              THE COURT:  I don't know if there is some

          13         confidentiality business.  I guess there is.  Some

          14         lawyer is here.

          15              MR. DANDAR:  I just wanted to put on the record

          16         he's not here voluntarily.

          17              THE COURT:  All right.

          18    BY MR. WEINBERG:

          19         Q    Now, in -- in the fall of 1998, you struck a deal

          20    with Dan Leipold to finance the Lopez case against the

          21    Church of Scientology, didn't you?

          22         A    No.  I -- Mmm -- I agreed to loan Dan Leipold some

          23    money.  And I knew he was going to act as a lawyer for

          24    Mr. Lopez, yes.

          25         Q    How did you know all that?

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           1         A    He told me.

           2         Q    How did you know Mr. Leipold at that point?

           3         A    You asked me that.

           4              I met him at the FACTNet meeting in May of '98.

           5         Q    Okay.  So -- so between May of '98 and whenever

           6    this was -- what was this?  In December of '98?  When did

           7    you loan the money to Mr. Leipold?

           8         A    Between October and December of '98.  I don't

           9    remember specifically.

          10         Q    Had you had other meetings with Mr. Leipold?

          11         A    I don't know if I'd seen him again between May and

          12    that time or not.  I don't recall.

          13         Q    You gave him $100,000?

          14         A    I gave him $10,000 to start with.

          15         Q    Well, how much did you end up giving him?

          16         A    $100,000.

          17         Q    All right.  And -- and Mr. Leipold indicated that

          18    he needed it in order to finance his case against the Church

          19    of Scientology?

          20         A    He indicated he needed it for his business.  And

          21    that was one of the things he was doing.  And I was willing

          22    to help him with that, yes.

          23         Q    What do you mean, you mean one of the things he

          24    was doing was going to sue the Church?

          25         A    He had already sued the Church.

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           1         Q    In the Wollersheim matter?

           2         A    No.  In the Lopez case.

           3         Q    Okay.  And you got a loan agreement with him?

           4         A    Yes.

           5         Q    I mean, an actual loan agreement that says

           6    whatever the terms are?

           7         A    Yes.

           8         Q    And does he -- I mean, does this particular

           9    agreement say he has to pay you back?

          10         A    Yes.

          11         Q    Under all circumstances?  Or just if he wins the

          12    case?

          13         A    All circumstances.

          14         Q    Okay.  And I take it --

          15              THE COURT:  We don't need to go into too much

          16         detail --

          17              MR. WEINBERG:  All right.

          18              THE COURT:  -- about some loan agreement in

          19         some other case, do we?

          20              MR. WEINBERG:  No, but --

          21    BY MR. WEINBERG:

          22         Q    You understood that Mr. Leipold was essentially

          23    almost exclusively devoting his practice to Scientology at

          24    that time?  You knew that, didn't you?

          25         A    No.  I don't think he ever did that.

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           1         Q    Now, had he already -- which firm was he with at

           2    this time?

           3         A    Mmm, Leipold, Donahue & Shipe.

           4         Q    Was his new firm?

           5         A    Mmm --

           6              THE COURT:  If he knows.

           7         A    I don't know.  I know at some point he went out on

           8    his own.  And he was on his own in that firm when I met him,

           9    as far as I know.

          10    BY MR. WEINBERG:

          11         Q    And that same time period, Mr. Leipold -- you

          12    hired Mr. Leipold to demand a million dollars from the

          13    Church of Scientology, didn't you?

          14         A    I had Dan Leipold send a letter asking for a

          15    refund on my behalf for the $1,200,000 I had given to

          16    Scientology during my time in it, yes.

          17              THE COURT:  Wow.  Two and a half years?

          18              THE WITNESS:  Yes, ma'am.

          19    BY MR. WEINBERG:

          20         Q    He was your lawyer with regard to that letter, is

          21    that right?

          22         A    That is correct.

          23         Q    Let me show you what we'll have the clerk mark as

          24    the next exhibit.

          25              THE CLERK:  213.

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           1    BY MR. WEINBERG:

           2         Q    213.  Now, Exhibit 213 you authorized Mr. Leipold

           3    to send to the General Counsel, Church of Scientology

           4    International, on or about September 28, 1998, is that

           5    right?

           6         A    That is correct.

           7         Q    And at this point, you were definitely a critic of

           8    Scientology, as you would define that term, is that right?

           9         A    That is correct.

          10         Q    And do you recall that there was a series of

          11    correspondence back and forth between the Church and your

          12    lawyer?

          13         A    My recollection is that Mr. Abelson sent him two

          14    letters, and he sent one more letter, so a total of four

          15    letters.

          16         Q    And the bottom line was -- is that the Church

          17    refused to refund a million dollars to you, is that right?

          18         A    That is correct.

          19              THE COURT:  Or any part of it?

          20              THE WITNESS:  They said if I wanted it, I had

          21         to sue them.

          22    BY MR. WEINBERG:

          23         Q    You had to what?

          24         A    Sue them.

          25         Q    That is what they said?

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           1         A    Yes.

           2         Q    Didn't -- didn't they actually say that there was

           3    a process to go through and you needed to go through that

           4    process?

           5         A    In the first letter, that is what they said.  In

           6    the second letter, it was a little bit different.

           7         Q    Oh, well --

           8              THE COURT:  How much of this stuff do we have

           9         to get into here?  I mean --

          10              MR. WEINBERG:  I agree.  I mean, it's obvious

          11         what --

          12              THE COURT:  I don't know what is obvious,

          13         though.

          14              MR. WEINBERG:  No, I mean --

          15              THE COURT:  If you want to go ahead and put it

          16         all in, put it all in.

          17              MR. WEINBERG:  I'm not going into detail.  I

          18         was just going to mark the other letters.

          19              THE COURT:  All right.  Is this -- all of this,

          20         I'm trying to see, "Each of the below listed

          21         organizations, provide a full and detailed

          22         accounting," I don't know what the "below listed

          23         organizations" are.

          24              MR. WEINBERG:  I think there is another page.

          25         We can have him --

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           1              THE WITNESS:  I'd donated money to each of

           2         those organizations.

           3              THE COURT:  So when you said "the below listed

           4         organizations," it is those organizations that you

           5         carbon-copied on the letter?

           6              THE WITNESS:  That is correct, your Honor.

           7              THE COURT:  There is no other list?

           8              THE WITNESS:  No, your Honor.

           9              THE COURT:  Okay.

          10              MR. WEINBERG:  What did you mark them, Madam

          11         Clerk?

          12              THE CLERK:  214A, B, and C.

          13              MR. WEINBERG:  214A is the October 20, 1998

          14         letter from Mr. Abelson to Mr. Leipold.

          15              214B is November 10 -- I mean, I'm sorry, 214B

          16         is the October 28, 1998 letter from Mr. Leipold to

          17         Mr. Abelson.

          18              And 214C is the November 10, 1998 letter from

          19         Mr. Abelson to Mr. Leipold.

          20    BY MR. WEINBERG:

          21         Q    And can you identify those as the various

          22    correspondences that went back and forth, Mr. Haney?

          23         A    Yes.

          24              MR. WEINBERG:  I offer 214A, B and C into

          25         evidence, your Honor.

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           1              MR. DANDAR:  No objection.

           2              THE COURT:  All right.

           3              MR. DANDAR:  Is 213 in evidence?

           4              MR. WEINBERG:  I think so.  What is 213?

           5              MR. DANDAR:  The original --

           6              MR. WEINBERG:  I offer 213, as well, if I

           7         could.

           8              THE COURT:  All right.

           9              MR. DANDAR:  No objection.

          10              THE COURT:  Did you ever get any money back?

          11              THE WITNESS:  No, your Honor.

          12    BY MR. WEINBERG:

          13         Q    Did you ever sue them?

          14         A    No, I did not.

          15         Q    Did you ever go through the refund process that

          16    Mr. Abelson described to your lawyer?

          17         A    No, I did not.

          18         Q    Now, as I understand it from your testimony, in

          19    December of 1998 you got involved in the Lisa McPherson

          20    case, is that right?

          21         A    In December 1998 I agreed to help Ken with the

          22    case.  Yes.

          23         Q    Well --

          24              THE COURT:  As a consultant?  Is that what you

          25         mean?

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           1              THE WITNESS:  Yes.

           2    BY MR. WEINBERG:

           3         Q    Was there a contract of some sort?

           4         A    There was a one-page agreement, yes.

           5         Q    And were you paid to do this?

           6         A    No, I was not.

           7         Q    And how -- just describe briefly how you got

           8    involved.  I mean, how was it you came in contact with

           9    Mr. Dandar?

          10         A    I met with him in Clearwater.  I listened to his

          11    presentation of what the case was about.  And I thought that

          12    it was important that he have as much help as he could get.

          13         Q    What I meant by that, was there somebody like

          14    Ms. Brooks or someone like that, Mr. Minton, that had put

          15    you in touch with Mr. Dandar?

          16         A    No.  I just sought him out.

          17         Q    And you learned this from the Internet?  Or was

          18    there some other reason?

          19         A    Something I had read about the Lisa McPherson case

          20    obviously mentioned his name.

          21         Q    Now, the first thing you did when you got involved

          22    was to pay the expenses for a witness to fly from Europe to

          23    Clearwater to testify in December of '98.  Right?

          24         A    Mmm, before December, there was a witness who had

          25    participated in a similar isolation watch to Lisa's.  And

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           1    they were unable -- they were unemployed and needed money

           2    for a ticket to get to Clearwater to testify.  And I paid

           3    for that ticket.

           4         Q    Right.  And his name was Karsten Lorenzen, is that

           5    right?

           6         A    That is correct.

           7         Q    Who approached you to pay for that ticket?

           8         A    He just said he couldn't come.  And I offered to

           9    give him the money.  I asked him how much it was.  He said,

          10    "$500."  I got his E-Mail address from Rod Keller.  So

          11    nobody, you know, approached me.

          12         Q    But -- so you weren't even a consultant at that

          13    point?

          14         A    That is correct.

          15         Q    But you did attend his deposition?

          16         A    In December I attended the depositions of Gerry

          17    Armstrong and Karsten Lorenzen, right.  Yes.

          18         Q    And Marjorie Wakefield, correct?

          19         A    I don't recall that.

          20         Q    Now, other than attending the deposition of Gerry

          21    Armstrong and Karsten Lorenzen in December of 1998, were

          22    there any other depositions in this case that you attended?

          23         A    Yes.  I attended a series of depositions the

          24    following summer in Dallas with Dell Liebreich, Ann Carlson

          25    and --

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           1         Q    Lee Skelton and Sam Davis?

           2         A    That is right.  Those four.

           3         Q    And is that the sum and substance of the depos

           4    that you went to, the two in December of '98 and the four in

           5    May of '99?

           6         A    I don't know.  I went to some court hearings, and

           7    I might have gone to some other depos.  I just don't

           8    remember.

           9         Q    Now, in addition to loaning money to Mr. Leipold,

          10    you also provided funds to Vaughn Young for over a year in

          11    order to work on a project to -- to try to -- to try to get

          12    rid of the tax-exempt status of the Church of Scientology,

          13    correct?

          14         A    No.  Vaughn Young had -- he was living in a house

          15    that was paid for by the guy that was sleeping with his

          16    wife.  He decided he could no longer stay there.

          17              I told him he could come and stay with me.  He had

          18    a big dog.  After a period of time, I didn't -- I was not

          19    comfortable with his big dog living at our house, so I got

          20    him an apartment.  After he was there for a few months and

          21    it became obvious he was not moving any time soon, I said,

          22    "Hey, I have got tens of thousands of pages of materials and

          23    books and court documents and stuff that I have acquired

          24    about Scientology.  Could you put these together in some

          25    kind of order for me?"

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           1              And he said he would.  He got sick, had a heart

           2    attack.  Then he had cancer.  And he never did it.  And he

           3    stayed there approximately twelve months.

           4         Q    And he's testified previously that you were paying

           5    him $200 a week for approximately 12 months, I think.  Is

           6    that accurate?

           7         A    I gave -- I paid for his apartment and I gave him

           8    $200 a week to cover his other incidental expenses, yes.

           9         Q    This was during 1998, do you know?

          10         A    I think it was the second half of '98 and the

          11    first half of '99.

          12         Q    Okay.  And did -- did his work have anything to do

          13    with going to Washington to pull documents concerning the

          14    tax-exempt status of the Church of Scientology?

          15         A    He went to several places getting documents and

          16    filling in the gaps in the things that I already had.  And I

          17    don't remember all of the different places.  He went a very

          18    substantial number of places.  I think he was gone two

          19    months, driving around the country in his car and stuff,

          20    getting things.  So, you know --

          21         Q    You gave him a car, too, right?

          22         A    Mmm, I had rented a car -- well, I rented a car

          23    and I owned a car.  And he drove one or the other at

          24    different times, yes.

          25         Q    When did you first meet Jesse Prince?

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           1         A    In August of that year, I believe.

           2         Q    Well, that year meaning?

           3         A    July or August.

           4         Q    What year are we talking about?

           5         A    Mmm, I think it is '99.  I don't remember if Jesse

           6    was '98 or '99.  One or the other.

           7         Q    Do you remember the circumstances where you first

           8    met him?

           9         A    Bob and Stacy came to discuss that curriculum I

          10    spoke of before.  Stacy got an E-Mail saying that Jesse was

          11    trying to contact her.  Stacy suggested that he come to

          12    Columbus, because he was there.  And he flew in that night

          13    about 11 p.m.  We picked him up at the airport.

          14         Q    But that was in '98, wasn't it?

          15         A    I just don't know.

          16              THE COURT:  He said he didn't know.  If you say

          17         you don't know, let's assume it is '98 and let's go

          18         on from there.

          19    BY MR. WEINBERG:

          20         Q    The Key West meeting took place a year later,

          21    correct?

          22         A    Yes, it was the next summer, yes.

          23         Q    The Key West meeting was in August of '99?

          24         A    Okay.  So it would have been '98.

          25         Q    Okay.  And did you give any money to Mr. Prince?

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           1         A    No.

           2         Q    Did you give money to Mr. Oliver?

           3         A    Not as a gift.  I did some business with

           4    Mr. Oliver once, but I didn't give anything to Mr. Oliver.

           5         Q    You didn't give him $100,000 or thereabouts?

           6         A    No.

           7         Q    Now, you said that -- by the way, during the time

           8    that you were -- well, after the May '99 depositions in

           9    Dallas where you were with the family members, did you do

          10    anything else on the case?

          11         A    I attended different hearings and spoke and such.

          12         Q    Did there come a point in time when you didn't do

          13    anything on the case anymore?

          14         A    Yes.

          15         Q    And can you date that for us?

          16         A    Mmm, at the end of 2000.

          17         Q    All right.  And was there a reason?

          18              THE WITNESS:  Mmm, well, I'm not supposed to

          19         discuss the settlement agreement.  Are you ordering

          20         me to discuss the settlement agreement, your Honor?

          21              THE COURT:  I don't even know who you settled

          22         with.

          23              THE WITNESS:  His name was Bryan Zwan.  He's

          24         the owner of Digital Lightwave.

          25              MR. WEINBERG:  I don't want to get into

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           1         Mr. Zwan's settlement agreement.

           2              THE COURT:  Then don't ask the question.  Back

           3         off of it, because I will order him to discuss it.

           4    BY MR. WEINBERG:

           5         Q    The time that you last did anything on the case

           6    was in 2000 sometime, is that right?

           7         A    That is correct.

           8         Q    All right.  Now, in -- you said that there were

           9    meetings that you attended in which the -- there was a

          10    discussion with regard to amending the complaint by adding

          11    David Miscavige.  Do you remember that?

          12         A    Yes.

          13         Q    Now, how many of those meetings were there?

          14         A    As I recall, there were four or five in a very

          15    short period of time, over two or three days.

          16         Q    And when was the meetings?

          17              THE COURT:  Are you telling me you stopped

          18         doing anything for Mr. Dandar because, at least in

          19         part, that was disclosing the settlement agreement?

          20              THE WITNESS:  Yes, your Honor.

          21              THE COURT:  Go ahead.

          22    BY MR. WEINBERG:

          23         Q    When did the meetings take -- can you date the

          24    meetings?

          25         A    I don't recall.  It would be the date of the fifth

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           1    amended complaint.  That was when that was happening.  But I

           2    don't recall the date at all.

           3         Q    Do you remember if it was before, or after, the

           4    Key West meeting?

           5         A    No.

           6         Q    Now, do you recall where the meetings were?

           7         A    Yes.  They were in Ken Dandar's office.

           8         Q    Do you remember which office?

           9         A    No.  He moved.  I don't remember -- I think they

          10    were at the new office, like when he first moved.

          11         Q    Now, and did you do any memos at the meetings?

          12         A    No.

          13         Q    Take notes at the meetings?

          14         A    No.

          15         Q    Now, you said that Mr. Dandar, during these

          16    meetings, kept asking where the evidence was with regard to

          17    supporting adding David Miscavige to the case, right?

          18         A    He wanted to know specifically was there enough

          19    direct evidence.  That is what I recall him saying, direct

          20    evidence.  Whatever that means in legalese, I don't know.

          21    But he said, "Are you sure you have enough direct evidence

          22    to prove that he directed this," so to speak.

          23              That was his single concern.  That is what I

          24    remember him repeating.

          25         Q    Were you looking at drafts of the fifth amended

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           1    complaint?  Were you-all discussing drafts?

           2         A    I was not looking at drafts.  I don't know if

           3    anybody had or not.

           4         Q    Well, was there discussion about the evidence to

           5    support the allegation that David Miscavige had ordered Lisa

           6    McPherson to die?  Was there discussion about that?

           7         A    I would say the discussions centered around what

           8    Jesse knew and what Stacy knew that would make that true.

           9    That is what I recall being discussed.

          10         Q    Well, do you remember Jesse Prince, Stacy Brooks

          11    or Ken Dandar or anyone at that meeting saying that they had

          12    a shred of evidence to indicate that David Miscavige had

          13    been -- had -- had ordered Lisa McPherson to -- to die?

          14         A    I wouldn't put it that way.  I would say that they

          15    claimed and discussed a very -- a very serious showing of

          16    how things are done in Scientology, and that it became

          17    obvious, through that discussion, that it would be directed

          18    by David Miscavige -- whatever was done with her would be

          19    directed by David Miscavige, because of her status as a

          20    persistent red tag, which is when you have a problem and --

          21    in your auditing and it does not resolve, that this goes up

          22    and up the chain of command.  And by the point where she was

          23    running around naked in public, it would certainly have been

          24    his personal concern.

          25              And from what they said, I agree.  I thought that

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           1    made sense, from my experience.  Running the local org, that

           2    made perfect sense to me.

           3         Q    And it made perfect sense to you that David

           4    Miscavige would have ordered -- sent an order out that Lisa

           5    McPherson die?  That made perfect sense to you, from your

           6    two years' experience in the Columbus org?

           7         A    I didn't say that.

           8              THE COURT:  He didn't say that, Counsel.

           9              MR. WEINBERG:  No.  I understand that.

          10    BY MR. WEINBERG:

          11         Q    And that didn't make perfect sense to you, did it,

          12    that -- that David Miscavige, as the complaint said, ordered

          13    Lisa McPherson to die?  That didn't make perfect sense to

          14    you, did it?

          15         A    It only made sense to me in the context that

          16    Teresa Summers, at that time, relayed to me an incident

          17    where another person was actually ordered to drop their

          18    body, which means die, in Scientology.  And I was very

          19    shocked by that.

          20         Q    Well, Teresa Summers told you in 1999 that?

          21         A    Yes.

          22         Q    And where did you meet Teresa Summers?

          23         A    I had known Teresa Summers for almost ten years,

          24    because her sister and brother-in-law were my wife and my

          25    best friends in Scientology.  So I knew Teresa through her

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           1    sister.

           2         Q    So Teresa was at that point working as part of the

           3    trial team of Mr. Dandar in August of '99?

           4         A    No.  Teresa had contacted Mr. Dandar and done a

           5    video for him, giving some evidence.  And when I saw her

           6    name I said, "Hey, Ken, I have known this woman for ten

           7    years."

           8              He said, "No, you don't."  He couldn't believe

           9    such a coincidence.

          10              Anyway, I called her up, we got together, had

          11    lunch, that sort of stuff.

          12         Q    She told you this person she was talking about was

          13    a person who was terminally ill?

          14         A    That is correct.

          15         Q    You knew there was no evidence that Lisa McPherson

          16    was terminally ill.  You knew that, didn't you?

          17         A    I had never seen any evidence that said she was

          18    terminally ill, no.

          19         Q    Now, at this meeting, did Mr. Dandar -- at these

          20    meetings did Mr. Dandar ask Mr. Prince or Ms. Brooks or you

          21    or whoever else was there what the evidence was that

          22    Mr. Miscavige had ordered Lisa McPherson to die?

          23         A    Yes, he did.

          24         Q    And the evidence was what?

          25         A    Their experience at -- they were both highly

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           1    placed managers inside of the Scientology organization.

           2    Mr. Prince was the second most powerful person in the entire

           3    organization.  And evidence was their experience of how

           4    Scientology runs and who gives orders and who follows them.

           5              And based upon what they said, I thought that what

           6    they said was correct.

           7         Q    Now, did Mr. Prince say, at the meeting, that he

           8    had ever given an order for someone, on an introspection

           9    rundown, to die?

          10         A    I don't recall that.

          11         Q    Did he say that he had ever been on an

          12    introspection rundown, at these meetings?

          13         A    My recollection was that he had supervised at

          14    least one, and that he and Stacy had both, at different

          15    times, supervised that same one.  You know, by coincidence,

          16    that they had both worked on one that was the same.  I don't

          17    know if they had done others or not.

          18              THE COURT:  Counsel, it is kind of amazing to

          19         me you are kind of grilling this guy.  And the

          20         lawyer on the case apparently thought the same

          21         thing, and he's the lawyer, and he thought there was

          22         enough.  That is what this is about.  This isn't an

          23         unschooled man who apparently was swayed by

          24         Mr. Prince and Ms. Brooks.

          25              I don't know why you are spending all this

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           1         time.  You heard the same thing that the others

           2         heard.  Mr. Dandar is the one that filed the

           3         complaint.  He didn't know any more than what is in

           4         Mr. Prince's affidavit.  That apparently was enough

           5         for Mr. Dandar.

           6              MR. WEINBERG:  That was going to be my next

           7         question.

           8              THE COURT:  We don't need to spend a lot of

           9         time on this.  This is a waste of time.  It is

          10         whether Mr. Dandar thought he was filing a -- filing

          11         a false complaint is what is the issue here.

          12    BY MR. WEINBERG:

          13         Q    Did you review Mr. Prince's affidavit in the case?

          14         A    I only saw it after it was filed.  I didn't see it

          15    in that context.

          16         Q    And did you work on that affidavit with him?

          17         A    I never saw it before it was filed.

          18         Q    And at the meetings did Dr. Garko express

          19    discomfort with regard to making that allegation that David

          20    Miscavige had ordered Lisa McPherson to die?

          21         A    He had a very serious concern that it would link

          22    them to time of trial.  And also the time to get to the

          23    trial, yes.  So he was opposed to it.

          24         Q    Now, when did you disassociate yourself from the

          25    Lisa McPherson Trust?

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           1         A    I think in January of 2000.

           2         Q    That was like a month after it started?

           3         A    Oh, I'm sorry, December 2000.

           4         Q    Okay.

           5         A    About a year later, yeah.

           6         Q    And you only visited the Lisa McPherson Trust four

           7    or five times?

           8         A    If that, in that year, yes.

           9         Q    So you were not active in the Lisa McPherson

          10    Trust?

          11         A    I wasn't there every day, no.

          12         Q    Now, you were at the Key West meeting in August of

          13    '99?

          14         A    Yes.

          15         Q    And did you have anything to do with organizing

          16    the meeting?

          17         A    I -- Mmm -- Thom Haverty invited me and my son.

          18    He and his wife were going to be there.  And I asked Ken if

          19    he could go.  And he said yes.  And then I asked Jesse.  And

          20    he said he could go.  And then a few weeks later I asked

          21    Ford and Dan Leipold to come, too.

          22         Q    Was there anybody --

          23         A    So, basically, I asked everybody there was to be

          24    asked after I was invited, yes.

          25         Q    Was there anybody else you asked that didn't come?

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           1         A    No.

           2         Q    Well, did you ask Mr. Minton to go?

           3         A    No.

           4         Q    Now, this was not just a fishing trip, was it?

           5         A    As far as I was concerned, it was, yeah, a

           6    fishing -- it was a vacation, a vacation/fishing trip.  We

           7    were going to go deep-sea fishing.  My son really wanted to

           8    go deep-sea fishing.  That is why I went.

           9         Q    Now, the testimony has been that there were daily

          10    discussions concerning Scientology and strategy as it

          11    related to Scientology cases at this Key West meeting.  Is

          12    that correct?

          13              THE COURT:  Counsel --

          14         A    That is correct.

          15              THE COURT:  -- there has also been testimony it

          16         was a vacation, fishing or --

          17    BY MR. WEINBERG:

          18         Q    Well, how many times did you go fishing?

          19         A    I think five.

          20         Q    You were down there five days?

          21         A    Well, I think I went five times deep-sea fishing.

          22    Ford took my son out sometimes in a little skip boat, you

          23    know, to go fishing, in addition to that.  So I went five

          24    times.

          25         Q    Were there other people that would stay back and

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           1    have meetings?

           2         A    It wasn't so much meetings like you're talking

           3    about.  This was the common thing that linked all of the

           4    people together, they all had interest in Scientology, they

           5    had some Scientology litigation.  So they -- that is what

           6    they discussed.  It was the common thing that linked all of

           7    the people together.

           8         Q    And did you-all talk about the strategy of the

           9    various cases, including the Lisa McPherson case?

          10         A    I would assume so, yes.  I mean, that is -- yeah,

          11    in the broad term, sure.

          12         Q    And was Mr. Leipold and/or Mr. Greene -- was there

          13    discussion about them joining the case, helping Mr. Dandar

          14    out?

          15         A    Yes.

          16         Q    Was that part of why you brought them here?

          17         A    It was more because Dan Leipold said, "I really

          18    want to go fishing."

          19              I said:  "Since you are thinking about joining the

          20    case, this would be a good chance to get to know Ken, see if

          21    you get along, all that sort of stuff."  So at the last

          22    minute I asked him if he would go.

          23         Q    You said you weren't familiar with the

          24    introspection rundown?

          25         A    That is right.

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           1         Q    And you couldn't find it?

           2         A    It wasn't something that was available at our

           3    organization, at a Class Five organization.  We didn't have

           4    it in our org.

           5         Q    Well, did you-all have the red volumes?

           6         A    Yes.

           7         Q    Don't you -- aren't you aware it's in the red

           8    volumes?

           9         A    No, I'm not aware of that.

          10         Q    But if it is in the red volumes, you obviously had

          11    access to it, correct?

          12         A    Yes.  Uh-huh.

          13         Q    Now, you said that you had a discussion with

          14    Mr. Minton concerning money, and Mr. Minton made it clear

          15    that -- that he had a way to bring his own money into the

          16    United States from overseas to fund this case?

          17         A    Correct.  He made it clear that was his intention.

          18    He was kind of poking about a way to -- he was asking me

          19    questions how I would do it.  So I don't know if he had a

          20    way or not, but that was certainly his intention.

          21         Q    You knew he was talking about his money?

          22         A    That is correct.

          23         Q    Did you give him some suggestions about how he

          24    could do that and not have it traced?

          25         A    No.

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           1         Q    Now, Mr. Dandar asked you about the fair game

           2    policy.  There was no -- in the org you were in, there was

           3    no fair game policy that was available to you, was there?

           4         A    There was no printed policy there at all.  No.

           5         Q    You never saw a policy that said "Fair Game" or

           6    "Cancel Fair Game" when you were in the Church of

           7    Scientology, did you?

           8         A    Not inside the org, no.

           9         Q    Now, you said that you had -- I think you said

          10    that you had some meetings or a meeting with Dell Liebreich

          11    and her siblings down in Texas during the depos, is that

          12    right?

          13         A    That is correct.

          14         Q    And was anybody else at this meeting other than

          15    the -- Dell Liebreich, her siblings or you?

          16         A    I think Ken Dandar was there.  And maybe Thom

          17    Haverty.

          18         Q    All right.

          19         A    And maybe Michael Garko.

          20         Q    And was this one meeting?  Or several meetings?

          21         A    I don't remember specifically.  I just know I went

          22    there to talk to him about it.  And I did talk to them about

          23    it.

          24         Q    And during this one meeting or meetings, all of

          25    the family members made it clear that they did intend to

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           1    donate a substantial portion of the proceeds from any

           2    settlement or victory to some anti-cult group, preferably a

           3    group in the name of Lisa, is that what they said?

           4         A    That wasn't what they said.

           5         Q    Well, what did they say?

           6         A    Dell spoke for them.  And I approached it from the

           7    viewpoint of being a Christian.  And I simply said that I

           8    didn't believe God's world was for Lisa to die to make her

           9    relatives rich, and asked her opinion on that, after

          10    ascertaining they were all Christians.  They said they

          11    agreed with that.

          12              I said, "What do you think God's purpose was?"  We

          13    went through things like that.

          14              At the end she told me they had discussed this

          15    before and that they thought that the money should go to

          16    help people who had been victimized by cults, that that was

          17    Fannie's last wishes, and that that is what they wanted to

          18    do, and that they might set up an organization in Lisa's

          19    name.

          20         Q    And did you have discussions with the family

          21    concerning -- well, strike that.

          22              You had a further discussion with Dell Liebreich

          23    in December of 1999 about this same subject?

          24         A    Yeah.

          25         Q    And she confirmed again that it was -- it was her

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           1    intention and her family's intention to donate the bulk of

           2    the proceeds or substantial portion of the proceeds to some

           3    group?

           4         A    She confirmed that she had not committed to give

           5    the money to Bob Minton or to the Lisa McPherson Trust.

           6    This was a different subject, so to speak.

           7         Q    But she was going to contribute it to something

           8    else?

           9         A    I didn't go over that again with her.  I just

          10    wanted to know that no agreement had been made to give it to

          11    Bob, FACTNet or the Lisa McPherson Trust.

          12         Q    So you had an interest to make sure that

          13    Mr. Minton didn't get the money, is that what you are

          14    saying?  I mean, you brought the subject up?

          15         A    Yes, I brought the subject up.

          16         Q    Because by this time, you and Mr. Minton had had a

          17    falling out?

          18         A    No.  That was a little bit later.  But I just

          19    didn't think that was the appropriate use of the money.  It

          20    didn't have anything to do with him personally.

          21         Q    Well, what was not an appropriate use of the

          22    money?

          23         A    To go to an organization that was basically about

          24    picketing and antagonizing and harassing.  I thought it

          25    should go to other groups or people who would really -- I

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           1    was involved with other groups that were doing helpful

           2    things.  I would certainly have suggested, if there was

           3    money, for them to contribute money to some of those things,

           4    and others.

           5         Q    The meeting that you had with Dell Liebreich, Ken

           6    Dandar, maybe Thom Haverty and the other siblings, was that

           7    before, or after, the depositions?

           8         A    I don't know.  It was just during that trip.

           9         Q    Now, have you had discussions with Vaughn Young

          10    with regard to the case?

          11         A    I -- I'm sure it's come up at some time or

          12    another, but I don't remember anything specific.

          13         Q    When is the last time you talked to Jesse Prince

          14    about, you know, anything substantive concerning the case?

          15         A    I don't know.

          16         Q    Well, recently?

          17         A    Mmm, not very recently.  But, you know --

          18         Q    Well, within the last month or two?

          19         A    I don't think so, no.  It would be longer than

          20    that.

          21         Q    What about Patricia Greenway?  Have you talked to

          22    her about this hearing?

          23         A    No.

          24              MR. WEINBERG:  I think I'm about done.

          25              THE COURT:  We're just waiting so we can all

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           1         stop for the day so maybe I can get the orders out

           2         on these tapes.

           3              MR. WEINBERG:  Believe me, I want to.

           4              THE COURT:  Because if I don't do this order

           5         today, it's going to get to you-all in two weeks.

           6              MR. WEINBERG:  I know.  I know.

           7    BY MR. WEINBERG:

           8         Q    What month -- do you know the month and year that

           9    you left the Church?

          10         A    February of 1994.

          11         Q    And you alleged in a lawsuit, the Digital

          12    Lightwave lawsuit, I think you alleged that you leaving the

          13    Church had to do with a disagreement concerning your wife,

          14    is that correct?

          15         A    That is correct.

          16         Q    Now, are you affiliated with Craig Branch?

          17              THE COURT:  Is this a -- a person, Craig?

          18              MR. WEINBERG:  Yes.

          19    BY MR. WEINBERG:

          20         Q    You know who Craig Branch is, correct?

          21         A    Yes, I do.

          22         Q    He runs the Apologetics Resource Center?

          23         A    Resource Center, yes.

          24         Q    He's a person that has been down here in

          25    Clearwater with you and other places, in essence speaking

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           1    out against what he calls cults, including Scientology,

           2    correct?

           3         A    Craig, his job at the ARC, is Christian

           4    Apologetic, which is defending the faith, Christianity, and

           5    part of that is speaking to people about other religious

           6    movements, NRM, New Religious Movements, including

           7    Scientology --

           8         Q    It also includes --

           9              THE COURT:  Were you done, sir, before he

          10         interrupted you?

          11         A    Yes.  I go to speak at different times with him,

          12    yes.

          13    BY MR. WEINBERG:

          14         Q    And those movements he speaks out about --

          15    against -- and I guess you have, as well -- against -- it

          16    includes Mormons, Jews, Unitarians and other religions?

          17    True?  Buddhists?  Hindus?

          18         A    I have never gone with him and spoke about any of

          19    those groups, nor has he spoken about any of those groups in

          20    my presence.

          21         Q    Now, you know what The Way to Happiness is?

          22         A    Yes.

          23         Q    Do you remember getting commended with regard to

          24    having contributed to dissemination with regard to The Way

          25    to Happiness?

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           1         A    Yes.

           2         Q    And The Way to Happiness is this little booklet

           3    here?

           4         A    That is right.

           5         Q    And do you remember that in the booklet various

           6    things are mentioned, including don't do anything illegal,

           7    is that right?

           8         A    It -- yes, it says several different homilies in

           9    there.

          10         Q    It says don't lie, right?

          11         A    Yes.

          12              THE COURT:  Let me see that book a minute.

          13              MR. WEINBERG:  Oh, sure.

          14              THE COURT:  I remember looking at that --

          15              MR. WEINBERG:  It's in evidence.

          16              THE COURT:  I know it is.  Well, my copy is

          17         somewhere.  I marked it.  It is in evidence.

          18              MR. WEINBERG:  Right.

          19              THE COURT:  So you would agree whatever it says

          20         in the book, that is the book we're all talking

          21         about, right?

          22              THE WITNESS:  Yes, your Honor.

          23              MR. WEINBERG:  We'll mark this as our next

          24         exhibit.  I'm almost done.

          25              THE CLERK:  215.

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           1              MR. WEINBERG:  215.

           2    BY MR. WEINBERG:

           3         Q    Is this the commendation that you got with regard

           4    to The Way to Happiness?

           5         A    Yes.

           6         Q    July 9, 1993?

           7         A    Yes.

           8              MR. WEINBERG:  I move that into evidence, your

           9         Honor.

          10              MR. DANDAR:  No objection.  What number is it?

          11              THE COURT:  214?

          12              THE CLERK:  215.

          13              MR. WEINBERG:  215, I think.

          14    BY MR. WEINBERG:

          15         Q    Now, did you violate these basic precepts when you

          16    were in the Church that are in The Way To Happiness?

          17         A    Mmm, we -- we as individuals and as an

          18    organization did lots of things that were deceptive or

          19    downright deceitful.  Yes.

          20         Q    But I asked you, did you?

          21         A    Yes.

          22         Q    Now, are you familiar with policies with regard to

          23    reporting in the Church?

          24         A    Yes.

          25              THE COURT:  I can tell you're going to be going

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           1         on too long.

           2              MR. WEINBERG:  No.  This is my last question.

           3              THE COURT:  I'm sorry, it's not your last

           4         question.  We're taking a break.

           5              MR. WEINBERG:  I don't mind taking a break, but

           6         I'm right at the end.

           7              THE COURT:  Go on.

           8              MR. WEINBERG:  Okay.  Two things to show him.

           9         Then I don't have any more questions.

          10    BY MR. WEINBERG:

          11         Q    Are you familiar with the policy on knowledge

          12    reports and staff member reports?

          13         A    Yes.

          14              MR. WEINBERG:  All right.  We'll mark those as

          15         next exhibits.  And those are all my questions.

          16              MR. DANDAR:  I think he has to identify them

          17         first.

          18              MR. WEINBERG:  Okay.

          19              THE COURT:  I can't even tell you what they are

          20         yet.

          21              THE CLERK:  216.

          22              MR. WEINBERG:  That is one.

          23              THE COURT:  Okay.  Knowledge reports will be

          24         216.

          25              And staff member reports will be 217.

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           1              And he doesn't have to identify them because

           2         these are both HCO policy letters.  I mean, he can

           3         identify them.

           4              Are you familiar with these policy letters?

           5              THE WITNESS:  Yes.

           6              MR. WEINBERG:  I move them into evidence.

           7         Those are all my questions.

           8              THE COURT:  All right.  Any redirect?

           9              MR. DANDAR:  I have just a couple hours' worth.

          10         I'm just kidding!  I have two questions.

          11              THE COURT:  All right.

          12             (A discussion was held off the record.)

          13                       REDIRECT EXAMINATION

          14    BY MR. DANDAR:

          15         Q    Mr. Haney, how much money did you contribute to

          16    The Way to the Happiness -- The Way to Happiness

          17    dissemination project?

          18         A    Approximately $175,000.

          19         Q    And where did that $175,000 go?

          20         A    To buy The Way to Happiness books.

          21         Q    Where did those books go?

          22         A    I understand most of them are sitting in

          23    somebody's garage.  They were supposed to be disseminated to

          24    schools, but nobody followed through on the program and they

          25    just sat.

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           1              MR. DANDAR:  That is all I have.

           2              THE COURT:  Anything further?

           3              MR. WEINBERG:  No.  I'm fine.

           4              THE COURT:  Thank you, sir, for coming.  You

           5         may be excused.

           6              Counselor, thank you for coming.  I hope you

           7         enjoyed your trip to Florida.

           8              MR. ROGOVIN:  I did.  Thank you.

           9              THE COURT:  Our weather hasn't been perfect

          10         but --

          11              MR. ROGOVIN:  Better than ours.

          12              MR. DANDAR:  I would like to remind the Court

          13         about Jesse Prince being able to talk to me over the

          14         two-week break.

          15              THE COURT:  Yes, let's go ahead and deal with

          16         that.

          17              What I would like to do is go out, first of

          18         all, and see -- I had Sue redraft that order.  And I

          19         want to look at it, because I want to try to get

          20         that out so you-all can maybe -- what I have done is

          21         direct Mr. -- Mr. Keane to prepare the summary,

          22         because I'm hoping it is on his computer.  If it is

          23         not on the computer, we'll have to redo the whole

          24         thing.

          25              So if I can maybe take a little break, I can

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           1         see if she's ready.  If not, I'll have a redraft and

           2         maybe I can give you all that order.

           3              MR. WEINBERG:  Good idea.  Why don't we take a

           4         break.

           5              THE COURT:  We'll take a break and then come

           6         back.

           7              On Mr. Prince, I will tell you what my

           8         inclination is.  My inclination is the same as it

           9         has been for every other witness.  And that is that

          10         it's a long break.  That the person that may have

          11         some reason to talk to them about something other

          12         than their testimony not be prohibited from doing

          13         so.  I think I afforded every witness that.  I think

          14         Mr. Prince is still Mr. Dandar's expert consultant.

          15         I think it would be grossly unfair, since I'll be

          16         gone for a two-week period, to prohibit him from

          17         speaking to Mr. Dandar.

          18              So unless you can show me some law that said I

          19         would be abusing my discretion and somehow cause

          20         this trial to be mistried no matter what the

          21         verdict, I have full intention of treating

          22         Mr. Prince, especially since he just barely got

          23         started -- I don't know how much he testified, maybe

          24         an hour.

          25              MR. WEINBERG:  I think it was longer than that.

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           1              THE COURT:  Was it?

           2              MR. WEINBERG:  A couple hours.

           3              THE COURT:  A couple hours?  Okay.

           4              MR. WEINBERG:  But, you know, I don't -- you

           5         order what you order.

           6              THE COURT:  No, it's not my order.  I want to

           7         hear what you have to say why I should treat him

           8         differently and why I should deny Mr. Dandar his

           9         either expert or consultant during a

          10         two-and-a-half-week period.

          11              MR. WEINBERG:  Well, is he -- my first

          12         question, is he back being a consultant to

          13         Mr. Dandar?

          14              THE COURT:  As far as I'm concerned, he is and

          15         has been and will be until Mr. Dandar has somebody

          16         else.  I don't think he has anybody else.

          17              MR. DANDAR:  I previously announced --

          18              THE COURT:  I think Mr. Prince comes on and off

          19         the witness list, based on whether or not he can

          20         find somebody else who he thinks will make a better

          21         witness without all of the baggage that Mr. Prince

          22         has.

          23              When those witnesses go away, for whatever

          24         reason they go away, many of which I have heard in

          25         here, Mr. Prince goes back on the list.  So I will

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           1         never consider Mr. Prince off the list until this

           2         trial, if it takes place, is over, because I have a

           3         feeling he would be off again and on again and off

           4         again and on again.

           5              MR. WEINBERG:  My request is, is that -- is

           6         that it be clear that he not speak to anybody

           7         else -- I mean, other than Mr. Lirot, obviously --

           8              THE COURT:  Right.

           9              MR. WEINBERG:  -- about it, particularly

          10         Ms. Greenway and the other people that have been

          11         attending the hearings here, and that he continue

          12         the way in which, you know, he's apparently supposed

          13         to have been the last few weeks, other than talking

          14         to Mr. Dandar about reviewing other people's

          15         testimony and stuff like that.  I don't think that

          16         would be appropriate.

          17              THE COURT:  Under the rule -- he's still under

          18         the rule.  In other words, he's not supposed to

          19         discuss what is going on in this hearing with any

          20         other witness.  It is just when he testifies he's

          21         normally precluded from speaking to anyone,

          22         including all of the lawyers, yourself, Mr. Dandar,

          23         what have you.

          24              I simply think, since we'll be absent a

          25         two-week period, he happens to be on the stand, he's

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           1         Mr. Dandar's expert, he's Mr. Dandar's consultant,

           2         it would be inappropriate for me to prohibit

           3         Mr. Dandar, as this case is getting close to trial,

           4         from speaking in any respect about -- to his expert.

           5              MR. DANDAR:  Miss Greenway is a volunteer

           6         consultant for me and does talk to me about things.

           7              THE COURT:  Is she going to be a witness in the

           8         case?

           9              MR. DANDAR:  No.

          10              THE COURT:  Are you going to call her?

          11              MR. WEINBERG:  No.

          12              THE COURT:  Then you can talk to her.

          13              MR. WEINBERG:  Jesse Prince can talk to

          14         Patricia Greenway?

          15              THE COURT:  Absolutely.  The rule says you are

          16         not supposed to speak to any other witness about

          17         your testimony.

          18              MR. WEINBERG:  So what is --

          19              THE COURT:  That is all the rule is.  It's so

          20         one witness can't influence another witness's

          21         testimony.  That is it.

          22              MR. WEINBERG:  But what -- but what -- I

          23         understood the rule somewhat differently, that -- I

          24         mean, you can't circumvent the rule by, you know, by

          25         having -- putting somebody in between a witness or

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           1         whatever to -- to talk to the witness.  I mean,

           2         Ms. Greenway --

           3              THE COURT:  I know what Mr. Prince's testimony

           4         is going to be.  For heaven sakes, if you don't, I

           5         would be absolutely flabbergasted.

           6              MR. WEINBERG:  I'm not arguing with you.

           7              THE COURT:  I would have known what his --

           8              MR. WEINBERG:  I don't have the strength to

           9         argue with you.

          10              THE COURT:  There is no point in it.  I can

          11         hardly wait to get through it.  I could almost do

          12         his direct, your cross, and when all is said and

          13         done, I'll still have it in my lap to decide how to

          14         ferret it out.

          15              MR. WEINBERG:  You might make it easier for me.

          16              THE COURT:  I don't care who he talks to.  I

          17         know --

          18              MR. DANDAR:  Could it be because you have an

          19         affidavit from him?

          20              THE COURT:  It could be.  It could be I expect

          21         he'll testify consistent with that affidavit and his

          22         deposition of over a thousand pages.  I don't think

          23         it is going to change much.

          24              But Ms. Greenway, of course, should not be

          25         disclosing to him anything that went on in the

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           1         hearing --

           2              MR. DANDAR:  Oh, no.

           3              THE COURT:  -- in here.  And he's, of course,

           4         not to speak to any other witness about his

           5         testimony, because that could influence another

           6         witness.

           7              All I am saying is I'm going to -- the rule is

           8         still in effect.  Whatever the rule means to every

           9         other witness it still means to him.

          10              I'm going to allow him, however, to speak to

          11         Mr. Dandar, even though his testimony is going on

          12         during this break.

          13              MR. WEINBERG:  Okay.

          14              THE COURT:  I am going to ask you, Mr. Dandar,

          15         however, that you not speak to him directly about

          16         the testimony that has already taken place --

          17              MR. DANDAR:  Exactly.  Right.

          18              THE COURT:  -- at all.  In other words, that

          19         testimony is that testimony, and you ought not speak

          20         to him about that.  Okay?

          21              MR. DANDAR:  That is fine.

          22              THE COURT:  Fair enough?

          23              MR. WEINBERG:  We'll see you after the break?

          24              THE COURT:  Yes.

          25              MR. LIEBERMAN:  I just want to clarify one

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           1         point, your Honor.  It will take me 30 seconds.

           2              Your Honor said the issue is whether

           3         Mr. Dandar -- this is a legal point and I just

           4         wanted -- so that our position is clear.

           5              You had suggested the issue is whether

           6         Mr. Dandar thought he was filing a false complaint.

           7         And we've argued -- and it is in our May 14 memo and

           8         we'll argue again -- the issue is not that, but

           9         whether he had an objective good faith evidentiary

          10         basis to make the allegations.  He could have

          11         thought it was true --

          12              THE COURT:  You might argue that to me, but you

          13         are certainly never going to get me to disqualify a

          14         lawyer on the basis of the fact that summary

          15         judgment is granted or not.  That is what summary

          16         judgments are for.

          17              Your legal position may be one I don't adopt,

          18         Counselor.  I understand your legal position

          19         perfectly fine.  That doesn't mean I'm going to buy

          20         it.  Okay?

          21              We'll be in recess now for 15 minutes, and I

          22         hope to come back with an order.

          23                 (WHEREUPON, a recess was taken.)

          24              THE COURT:  Okay.

          25              MR. DANDAR:  Judge, may we take up Mr. Haney

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           1         being re-served with a subpoena?

           2              THE COURT:  Yes.

           3              MR. DANDAR:  Mr. Rogovin has to catch an

           4         airplane flight.

           5              MR. ROGOVIN:  Your Honor, Mr. Moxon served

           6         Mr. Haney with a subpoena outside the courtroom for

           7         July 2nd to testify and bring documents to Florida

           8         on July 2nd.

           9              Mr. Haney is a resident of the state of Ohio,

          10         city of Columbus.  No notice was given to -- to

          11         Mr. Dandar regarding this.  And we think this

          12         motion -- or this subpoena should be quashed.

          13              THE COURT:  All right.

          14              MR. ROGOVIN:  We're asking the Court now.  They

          15         then withdrew the subpoena, then followed Mr. Haney

          16         downstairs and attempted to serve him in front of

          17         the courthouse.

          18              Then just a few minutes ago, Mr. Moxon said,

          19         "We'll withdraw it," or words to that effect, "And

          20         we'll file a motion for commission."

          21              So, frankly, we don't know where we stand.  But

          22         we would feel better if this were quashed because we

          23         don't think Mr. Haney has to come to Florida to

          24         testify, and we don't think it was proper to serve

          25         him when he was under subpoena to testify at this

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           1         hearing.

           2              THE COURT:  Okay.  Mr. Moxon?

           3              MR. MOXON:  I gave him a cover letter

           4         indicating that we would be happy to schedule it at

           5         any convenient time.  We had to pick an arbitrary

           6         date.  Obviously, Mr. Haney just arrived today.  He

           7         was willing to come down to Florida pursuant to

           8         Mr. Dandar's subpoena.

           9              And I also told Mr. Rogovin we would be happy

          10         to go to Ohio, if necessary, but it would be easier

          11         to do it this way than through an out-of-state

          12         commission, to have to litigate it here and then

          13         litigate it in Ohio again.

          14              THE COURT:  What requirement is there that an

          15         out-of-state deponent who doesn't want to come for a

          16         deposition has to?

          17              MR. MOXON:  Well, I guess it's the same

          18         Mr. Dandar just --

          19              THE COURT:  No, there is a little bit of

          20         difference because this is a hearing.  In other

          21         words, I'm not going to Ohio.

          22              MR. MOXON:  Okay.  Well, as I indicated to him,

          23         if you are in the state -- my understanding, the

          24         general law is if you are in the state you can serve

          25         somebody in the state and have them come.  There may

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           1         be requirements with respect to paying their airfare

           2         or whatnot, but I told him whatever is convenient.

           3         I just served it to get the ball rolling.

           4              THE COURT:  Did you clear this date with

           5         Mr. Dandar?

           6              MR. MOXON:  No.  I told Mr. Dandar, again, I

           7         picked an arbitrary date and said, "Let's get

           8         together now."  The date is up in the air.  I don't

           9         care what the date is.

          10              THE COURT:  The subpoena will be quashed.

          11              MR. ROGOVIN:  Thank you.

          12              MR. DANDAR:  Judge --

          13              THE COURT:  However, the deposition may be

          14         taken, but it should be taken in Ohio where he

          15         resides, and they should be coordinated with

          16         counsel --

          17              MR. MOXON:  Great.

          18              THE COURT:  And, I don't know, is he a witness?

          19              MR. DANDAR:  No, he's not a witness to the

          20         wrongful death case.

          21              THE COURT:  Oh.

          22              MR. MOXON:  Well, he just testified today,

          23         though, he's got considerable knowledge with respect

          24         to what happened at LMT over that whole year period

          25         and formation of it and knowledge about this -- his

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           1         position --

           2              THE COURT:  I'm going to tell you what.  You

           3         are not to depose him until after I determine

           4         whether the wrongful death case and the counterclaim

           5         are to be done at the same time.

           6              Number one, I have got a motion to dismiss in

           7         front of me.  If that is granted, you don't get his

           8         deposition, period.

           9              Number two, if I decide that the motion to

          10         dismiss is to be denied, we have a trial scheduled

          11         right now only on the wrongful death.  He has no

          12         information that I could see about that unless

          13         Mr. Dandar wanted to call him for one of those small

          14         things he said he's not going to.

          15              So unless you want to call him, in which case,

          16         you know, that is a different story.

          17              MR. MOXON:  No, I think you are right about

          18         that.

          19              THE COURT:  Okay.  And then if I should decide

          20         that I want to consolidate, if -- if I don't dismiss

          21         the case and if I consolidate the counterclaim with

          22         the wrongful death, then I dare say that this case

          23         will not most likely go to trial in August, in which

          24         case you'll have time to take his deposition.

          25              MR. MOXON:  Fair enough.  Thank you.

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           1              THE COURT:  So at the appropriate time -- I

           2         think that he does have information concerning the

           3         counterclaim.  Discovery is something that might

           4         tend to lead to relevant evidence.

           5              MR. DANDAR:  Judge, we cancelled ten

           6         depositions for the wrongful death case, many of

           7         which are expert witnesses of the defense.  I

           8         haven't been able to get anyone to reschedule those.

           9         Hopefully, we'll be able to talk tomorrow or try to

          10         get them rescheduled.  That takes precedence over

          11         Mr. Haney and --

          12              THE COURT:  Did you not hear me?  Were you just

          13         getting ready to talk and didn't pay any attention

          14         to what I said?

          15              MR. DANDAR:  I don't think --

          16              THE COURT:  Obviously you were ready to talk,

          17         you had it in your mind what you were going to say

          18         and, therefore, you didn't listen to me.

          19              I just told him he couldn't take the deposition

          20         until after either the trial of the wrongful death

          21         took place, which is scheduled for what now?

          22              MR. DANDAR:  Mid-August.

          23              THE COURT:  Mid-August, which is suspected to

          24         go two months, unless I consolidated the

          25         counterclaim.  And if I did that, I dare say you-all

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           1         won't be ready to go in August.  One side or the

           2         other will move for continuance, it will be

           3         continued, then he can schedule it.

           4              I think Mr. Haney may have some information

           5         regarding the counterclaim.  I think if he wants to

           6         take the deposition, he can do that.  I'm giving the

           7         wrongful death depositions priority, and I quashed

           8         the subpoena, and ask him not to reschedule it until

           9         all those decisions are made.

          10              MR. MOXON:  Understood.

          11              THE COURT:  Then I think even though he's in

          12         Florida -- but I'm not sure of that law, but --

          13              MR. MOXON:  I'm not sure, either.

          14              THE COURT:  But you said you would go to Ohio.

          15         And I think that is the place to go.

          16              MR. ROGOVIN:  Thank you.

          17              THE COURT:  Okay.  Now, obviously if he has

          18         plans to come down here for something, there is

          19         going to be a deposition taken, he wants it here,

          20         that can be worked out.

          21              MR. DANDAR:  All right.

          22              THE COURT:  Now, I have something else.  First

          23         of all, I'm going to give you-all copies of this

          24         order.  I want you to read it, because it was kind

          25         of hastily put together.  I want to be sure it made

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           1         sense.  This is another one of these copies to all

           2         counsel where you get several, and I hope you'll --

           3              MR. MOXON:  We'll distribute them.

           4              THE COURT:  I need one for my own file.  Can

           5         you just take -- there we go.

           6              Madam Clerk, this is the original of this

           7         order.  This is not to be filed as evidence in this

           8         case.  It is to be filed with the clerk's office.

           9              THE CLERK:  Okay.

          10              THE COURT:  Do you understand?  It is to be

          11         filed in the case.  Here is the order, and with the

          12         order is an order sealing this part of this order.

          13         It is to be sealed here.  It is to be filed with

          14         this.

          15              This is not to be sealed.

          16              This is to be sealed.  Okay?

          17              THE CLERK:  Yes.

          18              THE COURT:  I -- see if you can understand

          19         this.  My secretary said she understood it.  So --

          20         by the way, the word "videographer" I may not have

          21         spelled right, because it came up on my computer as

          22         a misspelled word with no suggestion on how to spell

          23         it right.

          24              MR. DANDAR:  You have it correct.

          25              THE COURT:  Is that what it is?

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           1              MR. DANDAR:  Yes.

           2              THE COURT:  Apparently it's a new word.

           3              MR. DANDAR:  Maybe from the Watergate era.

           4              THE COURT:  Does that cover everything?

           5              MR. DANDAR:  It does.  What about are you going

           6         to address separately or do we just go with the

           7         transcript of the written documents?  E-Mails?

           8              THE COURT:  No.  Mr. Moxon said he would

           9         prepare that.

          10              MR. DANDAR:  Oh, okay.

          11              MR. MOXON:  I'll prepare it when we get the

          12         transcript.  I'll give a copy to Mr. Dandar.

          13              THE COURT:  Yes.  If you can't get that done by

          14         tomorrow, I'll have to do my own because I want it

          15         done before I leave town.

          16              MR. MOXON:  Okay.

          17              THE COURT:  If you need the transcript, I mean,

          18         I know what I said, I can do it myself.  I just

          19         thought maybe you could get it done.

          20              MR. DANDAR:  All right.

          21              MR. MOXON:  We'll do it for you, Judge.

          22              THE COURT:  Okay.

          23              MR. LIROT:  Judge, one additional matter, if

          24         this is an appropriate time to bring it up.  This

          25         was relative to the discussion this morning where

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           1         Mr. Dandar discussed concern in the documents taken

           2         off the LMT hard drive --

           3              THE COURT:  Yes?

           4              MR. LIROT:  -- that had the Internet and E-Mail

           5         addresses of individuals that apparently approached

           6         the LMT for counseling, or some concerns with their

           7         experience with the Church.

           8              I had written Mr. McGowan a letter.  He wrote

           9         me back and said he tried not to -- to ensure that

          10         none of that really was turned over to anybody,

          11         trying to be sensitive of the other people's privacy

          12         rights.

          13              If I could present the two letters, Judge.

          14              Obviously in light of the scheduling concerns

          15         that we have, I don't know if there is anything that

          16         can be done, but Mr. McGowan suggested that perhaps

          17         if we look at that material with some greater

          18         scrutiny to make sure none of the individuals that

          19         are clearly not witnesses in this case and clearly

          20         would not have any knowledge or information that

          21         would be discoverable in this case, if the Church

          22         and Church's counsel could turn over or return that

          23         until the Court had a chance to look at that, make

          24         sure the individuals' identities are not divulged to

          25         any third party or to the Church, just to verify

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           1         that that information is not misdirected -- I'm not

           2         casting any dispersions on the Church.  Just in an

           3         abundance --

           4              THE COURT:  You are prattling.  And you have

           5         given me letters and you said, "Please read the

           6         letters," and now you are talking.  So let me read

           7         the letters and then you can talk.

           8              MR. LIROT:  I will cease prattling.

           9              THE COURT:  Which of these letters come first?

          10         Yours?

          11              MR. LIROT:  My letter went to Mr. McGowan

          12         earlier today.  And I do have a copy of that.

          13              THE COURT:  Okay.  You mean there is another

          14         one?

          15              MR. LIROT:  Just one from me.  And I tried to

          16         make copies, and I didn't want to disturb the Court

          17         with the noise.  So as Mr. McGowan responded, my

          18         office faxed it to me.

          19              THE COURT:  I have two letters.  Which is

          20         first?

          21              MR. LIROT:  The one from me to Mr. McGowan.

          22              THE COURT:  So there are only two total

          23         letters?

          24              MR. LIROT:  Two total letters.

          25              THE COURT:  I have got it now.  Okay.

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           1              Okay.  Well, it seems to me like what he said

           2         here is you let him know what you're talking about

           3         and he'll file a motion.

           4              MR. LIROT:  Well, is it possible for the Court

           5         to take possession of those documents pending that,

           6         obviously in light of the fact that we're not going

           7         to be here for another two weeks?

           8              THE COURT:  Do you think for one minute that if

           9         the Church of Scientology had some interest in these

          10         E-Mail addresses, that they don't already have them?

          11         So, you know, could I?  Yes.  Do I want to?  No.

          12              You know, am I going to ask these people who

          13         have been at this hearing all this time to go home,

          14         get them, bring them back here tomorrow when we're

          15         not going to be in session?  The answer is no.

          16              If there is something that you want to be

          17         returned, file your motion.  I will hear it at the

          18         appropriate time.  And if something should be

          19         returned, I'll specifically state what it is and

          20         have it returned and direct them at that time not

          21         to -- to use it.

          22              Like I said, if I suggest to them it ought to

          23         be removed from their pile and thrown away, they'll

          24         have to do that.  If they don't, something will

          25         happen, they'll use it inadvertently sometime.  So

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           1         they'll know that.  Okay?

           2              MR. LIROT:  Very good.

           3              THE COURT:  All right.  So -- I don't know what

           4         Mr. McGowan is talking about here about that "Ken --

           5         for the first time I learned that Ken Dandar was to

           6         view whatever I turned over to Mike Keane.  After I

           7         reviewed documents, that --" I don't know what he's

           8         talking about.  I just didn't order that.

           9              I ordered that Mike Keane, on any document that

          10         he saw that had Ken Dandar's name to or from, should

          11         be turned over to me for review.

          12              MR. LIROT:  Right.

          13              THE COURT:  Then I think later he kind of says

          14         that.  So you might make sure that --

          15              MR. LIROT:  We'll make sure he gets a copy of

          16         the order.

          17              THE COURT:  This is you.  I haven't sent this

          18         order to Mr. Keane yet, so this is for your

          19         protection.  You might make sure that Mr. Keane

          20         understood what I told him and tell him an order is

          21         forthcoming.

          22              MR. DANDAR:  I will.

          23              THE COURT:  I doubt he misunderstood because I

          24         explained the purpose of it was I wanted him to be

          25         sure that even though there may be some relevancy,

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           1         that if there was no relevancy, that it was

           2         protected.  So he agreed.  So I think he

           3         understands.  Okay?

           4              MR. DANDAR:  All right.

           5              THE COURT:  I would ask the Church not to

           6         destroy or -- well, I don't care if you destroy

           7         them, that is perfectly all right.  But don't

           8         disseminate, I should say, the information that you

           9         have received from Mr. Keane to anyone beyond the

          10         lawyers in the Church, in the event I should order

          11         the return of those documents.

          12              MR. MOXON:  Very good.

          13              MR. FUGATE:  Judge, I think I have the only

          14         copy and it is in my briefcase, and I don't intend

          15         to be disseminating it to anyone.

          16              THE COURT:  Good.  And I believe that Mr. Moxon

          17         was going to give me, at some point in time, the 20

          18         documents you thought that you had taken --

          19              MR. MOXON:  Yes.

          20              THE COURT:  Then at that point, hopefully all

          21         this will be under good control.

          22              Did you-all understand this order all right?

          23              MR. MOXON:  Yes.  Fine.

          24              MR. FUGATE:  Yes.

          25              THE COURT:  It is not the best I have ever

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           1         done.  But if it gets it done, that is fine.

           2              Now, I have here -- this was delivered today in

           3         the mail -- an amicus curiae brief for entry in the

           4         case file.  This is from Mr. Keith Henson.

           5              Does anybody know anything about it?

           6              MR. LIEBERMAN:  I can address it briefly, your

           7         Honor, though to fully address it might take a

           8         little while.  And my suggestion is --

           9              THE COURT:  How do you know what it is?

          10              MR. LIEBERMAN:  Because he posts it on the

          11         Internet and warns us he's going to do it so we know

          12         it is coming.

          13              THE COURT:  Oh.

          14              MR. LIEBERMAN:  The issues are a little

          15         complicated.  My suggestion is we take it up when

          16         you come back.

          17              THE COURT:  Okay.

          18              MR. LIEBERMAN:  But my request is it not be

          19         filed until we have a chance to take it up.

          20              THE COURT:  Fair enough.  I gather -- he sent

          21         me three of them, one of which says "Original."  So

          22         how about -- I guess this is a copy for each side?

          23              MR. LIEBERMAN:  That would be terrific.

          24              THE COURT:  I'll give each of you a copy.  If

          25         it's not the same thing, save them, bring them back

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           1         to me.  But there are three of them.  One says

           2         "Original."  I'll hold on to it.  We can address it

           3         after the break.

           4              MR. LIEBERMAN:  I mean, what we're going to

           5         suggest, your Honor, is that you not permit it, you

           6         not file it.  Maybe Mr. Dandar may well agree with

           7         it when he takes a look at it.  I don't know.  But I

           8         think we should take it up when you come back.

           9              THE COURT:  Okay.

          10              MR. LIEBERMAN:  If there is a question, it

          11         would take me about ten minutes to give you

          12         background.  And I know you want to leave.  And I

          13         know that I want to leave.  And I know all of the

          14         other lawyers want to leave.

          15              THE COURT:  What I really hoped is I would have

          16         time to get some stuff done today, but the hour is

          17         getting late.

          18              MR. DANDAR:  I withdrew my two hours of

          19         questioning.

          20              THE COURT:  Yes, you did.

          21              MR. MOXON:  Could we have the same agreement

          22         with Mr. Dandar agreeing not to copy or distribute

          23         this document, since there are issues involved

          24         there?

          25              THE COURT:  Yes.  Mr. Dandar, until I take this

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           1         up.  Now, of course, if it is already on the

           2         Internet --

           3              MR. MOXON:  Well, all of it is not on the

           4         Internet.  The attachments aren't.

           5              THE COURT:  If you just hold this, don't

           6         distribute it until such time as I take it up.

           7              MR. LIROT:  We'll do so.

           8              MR. DANDAR:  We will do that.

           9              THE COURT:  Please, somebody, remind me.  Let

          10         me see, Madam Clerk, so I gave you an original

          11         order, right?

          12              THE CLERK:  Yes.

          13              THE COURT:  And a -- something sealed?

          14              THE CLERK:  Yes.

          15              THE COURT:  I have some knowledge reports here.

          16         Oh, okay, I remember those were filed.  I'll take

          17         those home tonight, and if I can read those I will

          18         be up to date.

          19              If anybody has a couple extra notebooks for the

          20         clerk --

          21              MR. MOXON:  What size?

          22              THE COURT:  I guess this size (indicating).  I

          23         have got some.  I just know that I need to go

          24         through them and see what I can throw out because

          25         you all have given me plenty.  I'll give you -- if

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           1         you'll lend her some, I promise you when this is

           2         over, I'll give you all of the ones I have back.

           3              MR. MOXON:  Okay.

           4              THE COURT:  I just don't know which ones I'm

           5         done with and -- and I need some of them.

           6              MR. MOXON:  Do you need them now?  Or tomorrow?

           7              THE COURT:  Next week.  What do you have that I

           8         still need to file?  I'm not going to worry about

           9         this during the two-week hiatus.  I might if I move

          10         into my new house, my study --

          11              MR. FUGATE:  Break it right in.

          12              THE COURT:  -- I might break it in, read some

          13         of this transcript or something.

          14              MR. FUGATE:  Bless your heart.

          15              THE COURT:  Probably not, though.  Okay,

          16         everybody can be at ease.

          17              Mr. Moxon, if you get that order done --

          18              MR. MOXON:  I'll do it tonight.

          19              THE COURT:  Give it to me, because I'll be in

          20         in the morning.

          21              MR. MOXON:  I'll have it delivered first thing

          22         in the morning.

          23              THE COURT:  Wonderful.  Assuming it is okay.  I

          24         don't know what we'll do about the list, because

          25         you-all have to kind of agree on the attached list.

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           1         And I don't imagine you can agree on it.

           2              MR. MOXON:  I guess we'll have a conference

           3         with Mr. Keane, the three of us, or four of us, and

           4         see if we can work that out.

           5              THE COURT:  Okay.  I would say that the list --

           6         I just think this, Mr. Dandar.  The list needs to be

           7         broad enough to cover people that might be relevant

           8         to the counterclaim, which would certainly include

           9         the witnesses that have testified here and people

          10         like them.

          11              MR. DANDAR:  But it should be on matters that

          12         concern the counterclaim or the Church of

          13         Scientology, but not private matters.

          14              THE COURT:  Not necessarily.  You see, a

          15         statement of a witness can be a statement that could

          16         be unrelated to Lisa McPherson.  It could be

          17         unrelated to the counterclaim.  It could be a

          18         statement that says, "I despise the Church of

          19         Scientology and I will do anything in my power to

          20         ruin it."  That could be said at a toast somewhere.

          21              MR. DANDAR:  That --

          22              THE COURT:  They are then entitled to that.

          23         They are entitled to use it if that person

          24         testifies.

          25              MR. DANDAR:  But, again, that involves

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           1         Scientology.  If it involves my sister going to the

           2         doctor, and this is what she has to do --

           3              THE COURT:  That is true.  That is true.

           4              MR. DANDAR:  All right.

           5              MR. LIEBERMAN:  We have no interest in that, by

           6         the way.

           7              THE COURT:  No.  I'm sure they don't.

           8              MR. DANDAR:  All right.

           9              THE COURT:  But, again now, we're going to have

          10         to remember that the -- the person going to make the

          11         decision on what is going to be turned over will

          12         have to be Stacy Brooks or her counsel.

          13              MR. DANDAR:  Yes.

          14              THE COURT:  Because, remember, if that -- that

          15         order is to direct them to comply with the orders of

          16         the Court.  And I suppose since the latest order was

          17         Judge Beach's order, that order ought to be

          18         attached, maybe, if that was the latest.

          19              MR. DANDAR:  That is the latest order.

          20              THE COURT:  Except it speaks about the -- about

          21         this case.  Of course, you know, this case could

          22         mean more than -- this case right now is the

          23         wrongful death and the counterclaim.

          24              MR. MOXON:  Judge Quesada's order was a little

          25         different.  It said, "Use the witness lists plus

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           1         anybody else that is manifestly relevant" or

           2         something like that.

           3              THE COURT:  But his order has been superseded

           4         by Judge Beach's so his order doesn't count any

           5         more.  Judge Beach was sitting as special master.

           6         That was a later order.  Judge Quesada's order has

           7         been superseded.  Do not follow that order.  Okay?

           8              MR. DANDAR:  So we'll attach Judge Beach's

           9         order then.

          10              THE COURT:  Yes.  And then, as I said,

          11         Ms. Brooks was the one that will make that decision,

          12         or her lawyer.

          13              And, you know, you can put in there that -- why

          14         should I tell somebody who has been required to turn

          15         somebody over how to do it?

          16              MR. DANDAR:  But it should only be the people

          17         on the witness list.  Mr. Moxon added the search

          18         list, the new list, to include my consultants,

          19         myself, my brother.  And that should be eliminated.

          20         Patricia Greenway, who is not a witness on anybody's

          21         list.  Ursula Caberta, who is not a witness on

          22         anyone's list.

          23              THE COURT:  How do you know?

          24              MR. DANDAR:  I know what the lists are.  We

          25         already have a filed list of witnesses for trial.

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           1         They have a filed list.

           2              MR. MOXON:  We have not filed a witness list

           3         for the counterclaim, so --

           4              THE COURT:  Well, you see, you don't

           5         necessarily get those documents.  You get those

           6         documents, and the reason why a Court would compel

           7         those documents, is for impeachment purposes more

           8         than anything else.  So I don't know you can just

           9         list a witness and get a bunch of documents.

          10              MR. MOXON:  Yeah, or potentially other

          11         discovery purposes.  Somebody, for example, that

          12         works for LMT makes a statement, we wouldn't

          13         necessarily call them as a witness.  But if they

          14         said something that goes directly to one of the

          15         issues here, then obviously that would be relevant.

          16              THE COURT:  Well, Stacy Brooks is the one that

          17         will have to decide.  So try to get a list that

          18         you-all can agree on, get me the order.  After

          19         tomorrow, you'll not get me for a couple days.

          20              And, quite frankly, if you don't -- if I don't

          21         have it with a list that you have agreed to, I'll

          22         have to do my own order.  My order will simply order

          23         them to comply with the order of Judge Beach.

          24              MR. MOXON:  Maybe that is the simplest thing to

          25         do.

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           1              THE COURT:  I think it is.  And then just put

           2         in there in the event of -- of -- you know, in the

           3         event they're unable -- she or whoever it is, is

           4         unable to determine, turn them over to the Court.

           5         But I don't want them all is what I'm saying.  I

           6         don't want to be un -- inundated with a bunch of

           7         stuff off the Internet that I could care less about

           8         reading.  Everything I read on here last night I

           9         could care less --

          10              MR. DANDAR:  I agree.

          11              THE COURT:  -- about.  It takes hours and hours

          12         of my time, and it is stuff that really isn't

          13         relevant to this case at all.

          14              MR. DANDAR:  Except for the work product

          15         E-Mail.

          16              THE COURT:  Well, I could have cared less about

          17         that.  I couldn't even understand the first thing.

          18         And the other thing was simply a work product.  But

          19         it isn't any big deal.  It just shouldn't have

          20         been -- shouldn't have been given.

          21              MR. MOXON:  Okay.

          22              THE COURT:  Okay?  All right, we'll see you all

          23         in a couple weeks.

          24              (WHEREUPON, Court stands in recess at 4:00

          25         p.m.)

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           1                      REPORTER'S CERTIFICATE

           2

           3    STATE OF FLORIDA         )

           4    COUNTY OF PINELLAS       )

           5              I, LYNNE J. IDE, Registered Merit Reporter,
                certify that I was authorized to and did stenographically
           6    report the proceedings herein, and that the transcript is
                a true and complete record of my stenographic notes.
           7
                          I further certify that I am not a relative,
           8    employee, attorney or counsel of any of the parties, nor
                am I a relative or employee of any of the parties'
           9    attorney or counsel connected with the action, nor am I
                financially interested in the action.
          10

          11              DATED this 19th day of June, 2002.

          12

          13

          14                              ______________________________
                                              LYNNE J. IDE, RMR
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