Meet Elliot Abelson Scientology and Mafia Lawyer: His Role in the Henson Case

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"That these defendants were willing to frame their critics to the point of giving false testimony under oath against them and having them arrested and indicted speaks legions for their disdain for the rule of law. Indeed, they arrogantly placed themselves above the law, meting out their personal brand of punishment to those 'guilty' of opposing their selfish aims." Judge Richey, in meting out prison sentences to L. Ron Hubbard's wife and other Scientologists

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Elliot Abelson has acted in the Henson case as a sort of unelected District Attorney, directing the actions of the DA in minute detail. Witnesses report that Deputy District Attorney Robert K. Schwarz never does anything at all in court without consulting Scientology lawyer Abelson, who often beckons Schwarz over to give him his marching orders. This is a pretty good position for a Scientology cult lawyer who also used to work for the Gambino Crime Family.

Those who have not experienced it firsthand often have trouble appreciating the pervasive, perverse and pernicious mendacity displayed by Scientology and their lawyers. I provide this exhaustive analysis in the hopes of decoding the shocking case of legal corruption embodied in Elliot Abelson and his subversion of the Riverside County District Attorney's office and Deputy District Attorney Robert K. Schwarz.

From elrond1@home.com Fri May 18 21:59:55 2001 From: elrond1@home.com (Gregg) Newsgroups: alt.religion.scientology Subject: HENSON UPDATE: Sentencing Report - The Abelson Rant Date: Sat, 19 May 2001 01:59:55 GMT Organization: Temple of At'L'An Message-ID: <3b0ad1e4.14362979@news2.lightlink.com> X-Newsreader: Forte Agent 1.5/32.451 MIME-Version: 1.0 Content-Type: text/plain; charset=ISO-8859-1 Content-Transfer-Encoding: 8bit NNTP-Posting-Host: 24.141.40.229 X-Original-NNTP-Posting-Host: 24.141.40.229 X-Trace: 18 May 2001 22:00:31 -0400, 24.141.40.229 X-Original-Trace: 18 May 2001 22:00:31 -0400, 24.141.40.229 Lines: 365 Path: news2.lightlink.com Xref: news2.lightlink.com alt.religion.scientology:1299792 [The Henson Sentencing Report included several Black PR letters by Scientology agents and members. They were all basically the same fantasies, fables, fictions and minimal fact. The worst rant was by a known Mafia Associate. It is important to note the several hundred pages of exhibits alluded to in this screed have never been shown to Jim Harr or Keith Henson, as required by law. WGH] LAW OFFICES OF ELLIOT J. ABELSON 8491 West Sunset Boulevard o Suite 1100 o Los Angeles, CA 90069-1911 Telephone (323) 960- 1935 o FAX (323) 650-0464 May 7, 2001 County of Riverside Probation Department Hemet Office Re: People v. H. Keith Henson, Case HEM 011371 Dear Sirs: We are counsel to Reverend Ken Hoden, Bruce Wagoner, and Hillary Dezotell, the Scientology staff who were found by the Jury to be some of the victims of Henson's criminal conduct.{1} We are also counsel to many other Scientology Clergy and parishioners who have been victimized by Henson's conduct both in the same hate crimes incident for which he was convicted and in other like incidents. In other words, found guilty for his free speech in this case and for other like incidents of free speech. None of these other instances are "hate crimes" either, none are alleged to have involved any violence. Even in the instant case, no conviction exists for any crime other than a "hate crime" which in no other case has existed as a stand-alone offense without being found impermissibly to restrict Constitutionally protected speech. On 26 April 2001, a jury of 12 found Henson guilty of one count of violating '422.6. The Jury deadlocked on two other counts (9-3 and 10-2 in favor of a guilty conviction) related to making terrorist threats. On May l6th , the Honorable Robert Wallerstein will sentence Henson in Department 4 of the Hemet Superior Court. The maximum sentence Judge Wallerstein can impose is one year of incarceration or a lesser period of incarceration followed by probation. A sentencing at that hearing required the prosecution to provide the defense with their sentencing report 48 hours prior to the hearing. Henson, advised by his counsel that sentencing could not proceed according to the local rules, and with only a ruling on his Judgment Notwithstanding the Verdict motion on the calendar, for which appearance was not necessary, did not appear, whereupon the court, fully aware that the defense had not received the sentencing report in time for the hearing, chose to change the hearing to a sentencing hearing apparently solely for the purpose of issuing a no-bail bench warrant, as sentencing did not occur at the hearing in any case. In violation of the local rules, the court served the sentencing report, a 252 page document, and gave the defense 20 minutes to construct a reply. Needless to say, this deprived defense counsel of any chance to construct a meaningful reply and appears to constitute a deliberate and malicious denial of due process to the defendant. On behalf of the victim, we sincerely urge that Henson, an admitted explosives expert, be sentenced to a minimum of six (6) months of incarceration (if not the full one year term) to be followed by probation, a condition of which to be that for five years thereafter, Henson shall stay at least 100 yards away from any Scientology church, housing unit where Scientologists reside, or other facility, and that he be barred from inducing or encouraging others to ether within that zone. In short, what Mafia lawyer Abelson is requesting is that Henson, after incarceration for 200 days and for a period of five years, be arrested if he so much as suggests a picket of Scientology, much less actually does one. {1 The criminal charges proffered by the Riverside County District Attorney included, as additional victims, Michael Gilchrist, Dana Reid and Muriel Dufresne. However, because neither the criminal charge nor the punishment are enhanced by the addition of three additional victims, and so as to simplify the trial, the District Attorney elected at trial to proceed with evidence respecting only the three victims named above. That, however, does not diminish Henson's culpability in terms of the number of victims of his criminal conduct.} According to Abelson, one presumes that anyone who so much as saw one of Henson's picket signs is also a "victim" and therefore Henson should be punished for acts for which he was never convicted, and which are moreover not remotely criminal. While we appreciate this is Henson's first actual criminal conviction, the potential danger to the victims and other members of their religion in this situation is of primary importance. We therefore ask that you consider: (1) Henson has engaged in similar religious bigotry-related conduct against Scientologists for the past five years and has continued to do so even after his conviction. Again, Abelson proposes that any picket of Scientology whatsoever be considered a "hate crime" regardless of the First Amendment implications of such an action and without any adjudication of guilt relating to the other pickets, which continued for five years during which the "victims" no doubt had every opportunity to seek legal action if they felt "victimized" by Henson's "hate crimes." (2) Henson has engaged in other criminal conduct in furtherance of his bigoted hatred of the Scientology religion, its clergy and parishioners. {2} This statement is left flat, as if it is, by itself, proof, and despite the lack of any criminal convictions of Henson in the five years of his prior picketing and public commentary. (3) Henson has actively requested and encouraged others to engage in the very same kind of religious bigotry and conduct for which Henson himself was charged in this case. Only in one small and corrupt Riverside County court is picketing Scientology considered to be a "hate crime." Abelson will have a hard time demonstrating to anyone else that the global pickets against the cult he represents are in any way anything other than free speech protected by the First Amendment in America, by the European Convention of Human Rights in European countries, and by the Constitutions of all civilized nations. While Abelson's criminally convicted cult may have been able to reduce one California county to the level of a banana republic, the rest of the world is neither eager nor willing to join such a backward march into the Middle Ages. (4) During the recent trial in Hemet, Henson had the audacity to attempt to intimidate witnesses and to obstruct justice by attempting to communicate with the Jurors in violation of California Penal Code '' 136.1 and 95 respectively. This sounds like another brazen lie from Abelson. He also does not enclose an exhibit to prove this nonsense. (5) Henson has shown no remorse for his crimes which is consistent with his lack of remorse when previously convicted by a San Jose federal court jury of willful copyright infringement involving Scientology scriptures, and his lack of remorse when previously adjudicated in contempt of a prior federal court order. In short, Henson is a sociopath who, despite his latest conviction, remains dedicated to attacking the Scientology religion and its adherents. He shows no remorse for his conduct and Henson himself has demonstrated that rehabilitation is not even remotely possible to the point where it is a certainty that the day his period of incarceration ends, he will resume his bigotry-based conduct attacking the Scientology religion and its adherents. While the previous litigation history between the parties is too excruciatingly complex to put in a nutshell, a large (if unsorted) archive of material relating to Henson's prior and current litigation with the cult is available at Fredric Rice's Holysmoke page. This includes the largest penalty for a single copyrighted document in American history, $75,000.00 for posting a single 2 or 3 page document called NOTS 34. More on NOTS (New Era Dianetics for OTs) at the NOTS Scholars Home Page, maintained by Dr. David Touretzky of CMU. The NOTS Scholars Home Page has been threatened with litigation in the past by the cult, which has amounted to nothing. (6) Henson is not merely a sociopath but also practices extortion, demanding a five million dollar payment from the Scientology religion to cease his bigoted harassment of Scientologists. While it is sometimes difficult to infer the source of the bizarre, unsubstantiated allegations made by Abelson, it is believed that this refers to a statement of Henson's that he'd settle his litigation for "whatever you gave Dennis Erlich, a previous copyright litigant whose rights were violated by Scientology in a raid later declared unconstitutional by the very judge who issued it based on false claims by Scientology. The raid on Erlich (streaming RealVideo here) was one of several galvanizing events that astounded and outraged net citizens in the years 1994-1995 and set off protests and pickets against the criminal cult worldwide. Erlich later settled a copyright infringement claim as well as his own countersuit with an undisclosed monetary settlement. This is another long story which can not be encapsulated easily, but a lot of information can be found with this Google search on "Dennis Erlich. While it is not known that the sum was five million, and in fact I have reasons to believe otherwise, it was shortly after Henson's settlement offer that the cult began making this bizarre accusation of "extortion." In any case, no reasonable person could consider an offer to settle outstanding litigation as "extortion" by any stretch of the imagination. This is another case of Abelson's utter incapacity to tell the truth, or even tell a plausible lie. (7) Henson has repeatedly demonstrated his contempt for the law, for the court's, and for our entire judicial system - both civil and criminal. He is a diseased miscreant, unfit to live in a civilized society, and our clients' regret only that the maximum Statutory period of incarceration on his conviction is only one year. I am certain that Abelson's clients regret that they can not lock a man up for life or summarily execute him for disagreeing with them. What is interesting is that Abelson's pathological desire to cause harm to Henson results in language very similar to that applied to the cult by judicial authorities in describing Scientology's practices with regard to the law. When Scientology waged a vicious libel campaign against Crown Prosecutor Casey Hill, then got sued for libel and lost the biggest judgment in Canadian history, their immediate response was to repeat the libel on the very steps of the courthouse. Needless to say, the appeals court was not impressed, stating: "There can be no doubt that the conduct of Scientology in the publication of the injurious false statement pertaining to its "enemy" was malicious. Its publication was carefully planned and carried out in a manner which ensured its widest possible dissemination in the most damaging manner imaginable. The allegation made against Hill was devastating. It was said that he had been guilty of breach of trust, breach of a court order and that his conduct and behaviour was criminal. Scientology's actions from the time of publication, throughout the trial, and after the trial decision was rendered constituted a continuing attempt at character assassination by means of a statement which it knew to be false. It was such outrageous conduct that it cried out for the imposition of punitive damages. "There might have been some concern that, in light of the award of general and aggravated damages totalling $800,000, there might not be a rational basis for punitive damages. However any lingering doubt on that score is resolved when Scientology's persistent misconduct subsequent to the trial is considered. On the very next day following the verdict, Scientology republished the libel in a press release delivered to the media. It then brought a motion to adduce fresh evidence which it stated would have a bearing "on the credibility and reputation of the plaintiff S. Casey Hill" which, if presented at trial, "would probably have changed the result". Its actions were such that Hill was forced to bring an application for an injunction enjoining Scientology from republishing the libel. In his reasons for granting the injunction, Carruthers J. stated that he was forced to take that action because "no amount awarded on account of punitive damages would have prevented or will prevent the Church of Scientology from publishing defamatory statements about the plaintiff". Even the injunction did not deter Scientology which moved to set it aside. Further, in its notice of appeal of the libel judgment, Scientology alleged that the trial judge had erred in ruling the decision of Cromarty J. in the contempt proceedings was res judicata of the issues raised in the libel trial." Canadian Supreme Court, in Hill v. Church of Scientology of Toronto One suspects that the cult is merely turning around language that has been applied to them themselves in the many civil and criminal cases that swirl around this cult. { 2. The Probation Department and Judge Wallerstein may properly consider Henson's other criminal conduct which did not result in a conviction in determining Henson's sentence here. People v Gragg 216 Cal.App.3d 32, 44, 264 Cal.Rptr. 765, 772 (19$9). } Background: Henson attempts to justify his conduct as merely his exercise of free Speech under the First Amendment. His conduct is certainly not protected but more importantly, Henson resorts to what amounts to criminal libel accusing Scientology of murder. See Henson's picket signs in which he asserts that the Scientology religion killed Lisa McPherson, Ashlee Shaver, and Stacey Meyer.{3} Henson's picketing with these same signs shamelessly alleging the murders of these unfortunate young women by Scientology continued after his conviction and, indeed, he carried very libelous signs right in front of the Hemet courthouse (Exhibit 1). Here Abelson swerves entirely off the tracks of sanity and reason, and invents an offense with no statutory basis. The complete list of criminal defamation statutes in the US is as follows: Ala. Rev. Stat. ' 13A-11-163; Colo. Rev. Stat. ' 18-13-105; Fla. Stat. ch. 836.01-836.11; Ga. Code Ann. ' 16-11-40; Idaho Code ' 18-4801-18-4809; Kan. Stat. Ann. ' 21-4004; La. Rev. Stat. Ann. ' 14:47; Mich. Comp. Laws ' 750.370; Minn. Stat. ' 609.765; Miss. Code Ann. ' 97-3-55; Mont. Code Ann. ' 13-35-234; Nev. Rev. Stat. ' 200.510; N. H. Rev. Stat. Ann. ' 644:11; N.M. Stat. Ann. ' 30-11-1; N.C. Gen. Stat. ' 14-47; N.D. Cent. Code ' 12.1-15-01; Ohio Rev. Code 2739 et seq; Okla. Stat. tit. 21 '' 771-781; Pa. Stat. tit. 18 ' 4412; S.C. Code Ann. ' 16-7-150; Utah Code Ann. ' 76-9-501 et seq; Va. Code Ann. ' 18.2-417; Wash Rev. Code 9.58.010; Wis. Stats ' 942.01. Simply, California has no such offense as "criminal libel" nor does any Federal equivalent exist. Even in those states where there such a statute remains on the books it is usually considered an archaic embarrassment, and when a prosecutor attempted a prosecution in Nevada based on these unconstitutional travesties, the statute was declared unconstitutional by the State Supreme Court in October 1998. It is highly doubtful Henson's statements are even civilly actionable. When Time magazine described the murderous Scientology cult in the award-winning article "Scientology: The Thriving Cult of Greed and Power", author Behar had many bones to pick. He stated that the cult "survives by intimidating members and critics in a Mafia-like manner." He also stated: "Those who criticize the church - journalists, doctors, lawyers and even judges - often find themselves . . . framed for fictional crimes, beaten up or threatened with death." Further he blames the death of Noah Lottick on this cult. "THE LOTTICKS LOST THEIR SON, Noah, who jumped from a Manhattan hotel clutching $171, virtually the only money he had not yet turned over to Scientology. His parents blame the church and would like to sue but are frightened by the organization's reputation for ruthlessness." It is not too harsh to describe such deaths as homicides, and in fact in France the cult's President Jean-Jacques Mazier was, in fact, criminally convicted for homicide and inducement to suicide in the death of Patrice Vic. In the case with Time the cult promptly sued the magazine, the author and its sources for libel. The cult lost every single case, including the primary case against Time in a ground-breaking decision in the Second Circuit. Abelson's claims of "criminal libel" simply have no merit and his cult has repeatedly and resoundingly lost such cases even before civil courts. Abelson is defending a client so repugnant and despised by anyone familiar with it that it is effectively a libel-proof defendant. Henson's attacks on the Scientology religion began in 1990. Henson is a self-employed computer consultant, living In a home in Palo Alto, with no previous contact,) with any church of Scientology. Henson began using the Internet to post confidential scriptures of tile Scientology religion. Significantly Henson decided to violate the copyrights of these materials shortly after a federal judge had enjoined one of his cohorts from posting them. Henson was actually present in court when Judge Whyte issued this injunction and thus his very first assault on the Scientology religion was all act of defiance of judicial authority. This is simply another lie. An injunction does not enjoin a third party or anyone who happened to be watching the proceedings as a concerned citizen, but only persons acting directly in concert with the enjoined party. Anyone wishing to enjoin the conduct of a party must file suit against that party, not assume that an injunction magically applies to everyone on the planet. { 3 These accusations, amounting to criminal libel, demonstrate the depths of Henson's sociopathic mind. The medical examiner in Florida certified that Lisa McPherson died accidently from a pulmonary embolism, not from any criminal conduct. Ashlee Shaner was an inexperienced driver, who died in an automobile accident in which she was driving a car on the public highway and ran into construction equipment not owned or controlled by any Scientology organization. But the fact that it occurred in front of a Scientology facility in Hemet is sufficient, in Henson's warped mind, to accuse Scientology of murdering her. The Riverside Sheriff's office fully investigated the accident and found no basis to proceed with any criminal actions against the Church of Scientology. Respecting Stacey Meyer, she died by way of an accident in which she came in contact with a high voltage electric power source. Here again, the Riverside County Sheriff's office fully investigated the matter and found it to be exactly what it was -- an accident. Yet in Henson's distorted, bigoted mind, Scientology murdered her.} This farrago of nonsense barely even deserves reply. Once again, there is a reference to "criminal libel" laws which simply do not exist in California in any way, shape or form. It represents a malicious falsehood even to make such a claim. As for the medical examiner in the Lisa McPherson case, immediately upon making this decision, and after the cult openly threatened her career if she did not change her decision, she changed it and has since then completely disappeared. Needless to say, the bizarre about-face of the medical examiner in the Lisa McPherson case, as well as her immediate disappearance directly following that decision, casts serious doubt on the whole affair. Check out the Lisa McPherson site to decide for yourself, based on the full record. As for Henson's claims in the case of Ashlee Shaner and Stacy Moxon, while the Moxon case remains unsolved, the state has, indeed, filed homicide charges in the Shaner death. As a final note, Henson never to my knowledge has accused anyone of "murder" in relation to either death, stating instead that they were negligent homicides. The Shaner death is, indeed, being prosecuted as such. None of Abelson's hysterical and mendacious screeching about nonexistent "criminal libel" will change these facts, nor the fact that Scientology is linked indelibly with a long history of deaths that are, at best, suspicious. Finally, the statement that the construction equipment which killed Ashlee Shaner while driving in the wrong lane at night with no headlights was not controlled by Scientology is simply another flat-out lie. Scientology was operating as a self-contractor, therefore directly controlled all construction equipment at its site. When Henson was then requested to cease and desist from further infringement. his response was that counsel for the Church (known to Henson as a woman with two children) could "take your demand, fold it till it is all corners and stick it where `the sun don't shine"'. (Exhibit 2) As responses to the insane behavior of Helena Kobrin go, this is comparatively mild. Compare, for example, the response of Norwegian lawyer Knut Vigeland. This infamous Scientology lawyer is a textbook example of a frivolous litigant. I am not engaging in hyperbole here. The textbook is Yeazell and Martin's Federal Rules of Civil ProcedureWith Selected Statutes and Cases and the relevant section is here. Her bizarre threat to sue the entire Internet won her the coveted Usenet Kook of the Month Award for August 1995, and her fraudulent attempt to destroy the newsgroup alt.religion.scientology with an utterly bogus rmgroup was the monumental disgrace that set off the entire conflict between the Internet and the cult of Scientology. I could say more, but as they say, a picture tells a thousand words. Click the pic for more of Helena Kobrin's dubious exploits. Henson continued to violate the copyrights of these materials, and as a result of his refusal to cease infringing he was sued in the Federal District Count for the Northern District of California for copyright infringement. (Religious Technology Center v Henson C96-20271 RMW) As it turned out Henson wanted to get sued in order to make a name for himself on the Internet. He claimed that the litigation was a "great game" and "entertainment." After all, he was forcing Scientology churches to spend hundreds of thousands of dollars in legal fees to protect the copyrights in response to his acts of infringement that cost him virtually nothing. He also boasted that his misconduct enhanced his status among a handful of anti-Scientologists whose perverse rating system gives one a higher ranking and stature the more trouble and expense one causes the Scientology religion. (Exhibit 3, at 94-97). Actually, this is another flat-out lie. The newsgroup does indeed have such a ranking systems, which is basically a joke. However, even as a joke, it does not rank "trouble and expense" one causes the criminal cult of Scientology, rather, it ranks the person by the sorts of litigation the cult launches against the person or what criminal actions are committed by the cult in response to the person's speech. Here are the "SP rankings." In April 1997, the district court granted summary judgment against Henson, finding that he had willfully infringed the Church's copyrights and a permanent injunction was entered against him. Henson saw that he was in trouble so just before trial began on the issue of damages, Henson filed a Chapter 13 bankruptcy petition, invoking the automatic stay provision to sabotage the trial. Two days later, while As much as this cultist might wish otherwise, the purpose of the automatic stay in bankruptcy proceedings is exactly to prevent litigation from being perverted and warped by deliberately or accidentally by money concerns preventing a person from putting on an adequate defense. While this ultimately, in fact, occurred, presenting the use of a law for the exact purpose it was enacted as "sabotage" is pathetic and ludicrous even by this Mafia lawyer's twisted and malevolent standard for spin-doctoring. still under the court's injunction, Henson threatened that he would publicly present the Church's confidential materials to the U.S. Food and Drug Administration on television. He boasted that after committing this act of "civil disobedience," he would report with toothbrush in hand to the judge who issued the injunction, and go to jail for contempt of court. (Exhibit 4 ) A further injunction was then issued against him. This document is supposedly in purpose of furthering an investigation of "terrorism" and that the defendant is perceived to be physically dangerous by the "victims" who claim to be "terrorized" by him. How on earth a "threat" to present a document to the FDA, which the cult admits is a genuine document, supports or enhances a sentence for "terrorism" is quite unclear. One assumes that Abelson merely intends to muddy the water with as much irrelevant and scandalous commentary as possible, without ever once supporting an allegation of physical danger posed by Henson to the "victims," none of whom were even remotely involved in these prior adventures. But Henson's delay tactics failed and in May 1998 a jury found him to be a willful infringer and assessed damages against him for $75,000 (one of the highest assessments of damages for a single copyrighted work in the history of the US). (Exhibit 5) Henson immediately refiled for bankruptcy to thwart collection of the judgment. Since then, the cult has admitted on the record spending over a million dollars in a bankruptcy action in which they can collect, at most, $75,000.00. The purpose of bankruptcy law is to allow creditors to receive some portion of the debt they are owed while also allowing the debtor to resume normal economic life. The cult has shown no interest in recovering any portion of the debt they are owed, and instead seem hell-bent on spending astounding quantities of cash in order to use the bankruptcy courts as a tool to bludgeon the defendant. In this motion Henson's counsel outlines in brief the bizarre history of this case, in which the creditor has shown no apparent interest in collection of a debt, and has, indeed, spent over 12 times the maximum amount they could possibly collect. The discovery abuse in this case has been so excessive, including frivolous and unnecessary attempts to depose Henson's daughter, that the court sanctioned the cult sua sponte, that is, without even a motion by the defense. Henson showed no remorse before, during or after that trial. During the trial proceedings, he encouraged others to violate the Church's copyrights by posting the same materials that he was enjoined from copying. Copyright is a strict liability tort. There is no relevance to Rosen's discussion of "remorse" as it has no bearing whatsoever on the previous case. Following the jury verdict, Henson intentionally had a confidential portion of the trial transcript which had been sealed by court order posted on the Internet. The federal Judge in that case issued an order Here is a copy of the disputed "sealed transcript" of the Henson copyright trial. Read it yourself and see if the government has some compelling interest in keeping this document secret. to show cause why Henson should not be held in criminal contempt. However, as a criminal contempt proceeding would have required the participation of the U.S. Attorney's Office and thus a long delay, the This is a convoluted way of saying the USAG told them to go piss up a rope. judge decided to go forward against Henson in a civil contempt proceeding. There, Henson was found in contempt and fined $7,500. (Exhibit 6) A federal judge has almost limitless leeway to find contempt, and this one was known to be highly favorable to Scientology. Most rational people would learn from their mistakes and change their ways, but not Henson. He instead escalated his attacks against the Most rational people would learn that attempting to silence the free speech of their critics is an affront and an outrage to all decent people, and that Abelson should tell his criminally insane clients not to expect the PR to get any better for their despicable acts no matter what spurious cloak of legality is used to justify them. Church and its members. Instead of working to pay off his debts, Abelson neglects to mention that his clients continually harass anyone who has given Henson a job, therefore the Mafia lawyer is complaining of a situation created by his criminal clients. Henson, supported by a handful of cohorts, began appearing at Scientology churches around the country, attempting to disrupt church services and intimidate church members. As a result of such Here is a short list of this "handful" of cohorts, numbering over a hundred people who have picketed Abelson's repulsive clients from outrage at their despicable acts: This is grossly incomplete. After considerable effort to obtain names, I proposed: 32. Henson has demonstrated at one or more Churches of Scientology with the following individuals - Administrati, Ahmad, Alan Barclay, Alyson,Anima, Arel Lucas, Arnie Lerma, Barbara Graham, Barbara Warr, Beverly Rice, Bill Scannell, Bill Winfield, Bob Minton, Brent Stone, Birgitta Harrington, Bob Peterson, Bruce Pettycrew, Carl Kaun, Catarina Pamnell (from Sweden), Christer (clind@xxx.se), Dave Touretzky, David Cecere, David Rice, Dean Benjamin, Deana Holmes, DEEP WOG from Toronto CW 1998, Dennis Erlich, Dobe R. Mann, Doug Johnson, Dr. Ed Lottick and family, Ed (metasyn), Duncan Pierce, Elvis, Ermine, Ethercat, Frank Oliver, Fred Davis, Fred Rice (and family), Fubarz, Gabe Cazares, Garry Scarff, Geoff Burling, Gerry Armstrong, Grady Ward, Graham Berry, Gregg Hagglund, Gypsy Blue, Ina Brochman, J.M. Ivler, Jason, Jeff Jacobsen, Jeff Lee, Jesse Prince, Jim Lewis, Jim Wissick, Joe Neal, Jwog, Karsten Lorenzen (from Denmark), Kathy Pettycrew, Keith Bennett, Kim Baker, Kristi Wachter, Lady Jane, Larry Wollersheim, Len "BigBeard" Nieman, Lisa Derrick, Lisa (at Campbell org), M.C. DiPietra and family, Mad Kow, Margaret Huffstickler, Mark Bunker, Mark Dallara, mark ebner, MarkIRC, Mark2, Mark Plummer, Martin Ottmann, Matt Ouimette, Meklar, Merkabah, Michael Reuss, Nancy, Neal Hamel, Neddie, Patricia Greenway, Peaches, Peter Alexander, Peter Reichelt, phr (Paul Rubin), Podkayne, Prignillius, Priscilla Coates, Ray Randolph, Richard Maggini, Rod Keller, Roger Gonnet, Ron Newman, Roxthefox, Sam, Shelley Thomson, Snefru, Stacy Brooks, Steve Fishman, Steve Hassan?, Steve Whitlach, stukafox, Sue Mullaney, Suse, TalonK (Justin), Taniwha, Tashback, Ted Mayett, Thaddeus Beier, The Stunning Brunette, Thomas Merritt, Tilman Hausherr, Tommy Collins (Mar 98 LA), Tom Klemesrud (Mar 98 LA), Tony Williams, "Twils", Valerie Emanuel, Wayne Whitney, Xenu, Zelle, Zinjifar (Joe Lynn) and some dozens of others. One could say this is a rather large "handful of cohorts." One could also note that this "handful" includes the former Mayor of Clearwater Florida, retired investment banker Bob Minton, numerous journalists and computer professionals, L. Ron Hubbard's former biographer Gerry Armstrong, University faculty, film producers, authors, and a large number of ex-Scientologists protesting against the cult that defrauded and abused them. activities, he has been placed under anti-harassment restraining orders in both Florida and California. (Exhibits 7 & 8) In one incident in 1998, Henson approached a Scientology minister in violation of one such injunction. When another person attempted to protect the minister and place Henson under citizen's arrest, Henson bit the person on his hand, requiring medical attention. This is quite simply an outright lie. The other person was Edwin Richardson, who did not place him under citizen's arrest himself, but placed him under citizen's arrest based on paperwork already written up in advance by Glenn Barton. Glenn Barton had filed a restraining order against Henson, claiming to be in mortal fear of him, and then proceeded to stalk him all over Los Angeles to any location he picketed in an attempt to create an incident. His hired thug, Edwin Richardson, who is also involved in the instant case, jumped Henson from behind and put him in an illegal chokehold, strangling him and placing his arm over Henson's mouth to keep him from breathing. This is when Henson "bit" him. Even a week after the incident, Henson still had visible bruises on his neck and chest. Click photo for 800K original Additionally, contrary to Abelson's claims that "another person" had to step in to "protect the minister," it was an unidentified passerby who instead intervened to save Henson from what doubtless appeared to the passerby to be a murder attempt. Henson's narrative of this incident is here, and here is an MPEG movie of the attack. But despite losing the copyright infringement case, getting sanctioned for contempt and getting restraining orders issued against him, Henson continued. The reason for his continued harassment later became obvious, when, in a debtor examination, Henson revealed that he wanted the Church to pay him $5 million dollars to stop the harassment. Henson's attempted extortion was rejected out of hand. (Exhibit 9) This is what a lawyer should know as a "settlement offer." Abelson's clients make these offers all the time both during settlement negotiations and elsewhere. Their settlement offers generally involve agreements never to so much as say the word "Scientology" again in your life. Abelson's characterization of an offer to settle outstanding litigation as somehow extortionate could characterize his own client's conduct as nothing more than pure extortion. He doesn't appear to realize this, however. The Hate Crimes and threats to the Church Even in the current intolerable situation, Henson is convicted of one count of violating California statute 422.6. Abelson's bogus attempt to multiply this is mere sleight of hand. As mentioned above Henson started to intensify his actions getting more and more irrational in his behavior. From May to September 2000, he traveled from Palo Alto to Riverside County to target the staff of Church of Scientology International at its Golden Era Production facilities in Hemet. For approximately 50 days he followed Church staff from their homes to the Church's property on Highway 79 between State and Sanderson. He would lurk outside their apartments, taunting and harassing them. All the while making various threats of destruction on the Internet. Henson is a known expert in the use of explosives and bombs. (Exhibit 10) Thus, his presence at the Church's .facilities created fear, intimidation and interference with the religious practice of over 700 staff. That was intentional. As Henson later told Sheriff's detectives, he was engaged in psychological warfare, intending to create paranoia among the Church members. Scientology simply is schizophrenic and paranoid, as noted by Judge Breckenridge in his ruling in Scientology v. Armstrong. Judge Breckenridge concluded, after an exhaustive examination of the cult's history and its founder: "In addition to violating and abusing its own members civil-rights, the organization over the years with its "Fair Game" doctrine has harassed and abused those persons not in the Church whom it perceives as enemies. The organization clearly is schizophrenic and paranoid, and the bizarre combination seems to be a reflection of its founder LRH. The evidence portrays a man who has been virtually a pathological liar when it comes to his history, background, and achievements. The writings and documents in evidence additionally reflect his egoism, greed, avarice, lust for power, and vindictiveness and aggressiveness against persons perceived by him to be disloyal or hostile." The fear that he created was very real. Henson has a history of setting off explosives, making pipe bombs and teaching children how to do the same. (Exhibit 11) His exploits with explosives were even covered in a book entitled The Great Mambo Chicken. (Exhibit 12) The book by Ed Regis entitled The Great Mambo Chicken & the Transhuman Condition: Science Slightly Over the Edge, regardless of its literary merits, is completely irrelevant to a legal proceeding. Ed Regis, its author, was not available for examination by the defendant, nor were his sources and opinions relevant to the matter at hand. As for Henson's expertise with explosives, Abelson is attempting to create criminal liability and added legal penalties for merely knowing. Further, the allegation that he has taught children how to make pipe bombs is a lunacy and a lie. Henson has, indeed, taught pyrotechnic safety, in public schools by the specific request of the schools. No illegality attaches to teaching a safety class to students in an educational establishment, however desperate Abelson is to portray Henson's public safety activities as somehow criminal. In fact, in the above mentioned copyright case, a federal Magistrate Judge issued an order preventing Henson from attending a deposition of a Church official due to a conversation about bombs that Henson had with a friend of his at the San Jose airport when they were in route to the deposition. (Exhibit 13) This is another case of a purely fabricated incident based entirely on perjury. If Abelson believes that people who openly discuss bombs and explosives in front of airline employees are allowed to board an aircraft, he is sorely deluded. This incident was created in a failed attempt by cult leader David Miscavige to derail a deposition and obstruct discovery in the same copyright case referenced above. The airline, Southwest, denied all knowledge of the incident, and certainly if it had actually occurred as reported, Henson would have been immediately placed into custody, and obviously would never have been allowed to board the plane in the first place. There is a very good reason that cult leader David Miscavige wished to duck this deposition, and why the cult moved to have it sealed after it occurred. Quite simply, the behavior of Miscavige under oath is shocking and bizarre. For some reason, the cult later filed this section of the sealed deposition in an unsealed filing, so I can present it here. During the deposition Miscavige failed to derail with fabricated stories, Miscavige went berserk and began ranting about public buggery. © 1998 St. Petersburg Times Photo by Robin Donina Serne Click image for interview From the deposition of David Miscavige by Keith Henson and Grady Ward, May 21, 1997 at Palm Springs, California. Case No. CV-96-20207 Northern District of California U.S.C.A. (9th) Docket No. C 98-16994 (*) = David Miscavige, head of the Church of Scientology GW = Grady Ward, deposing David Miscavige under oath "(*): Wait a second, I'd like to note for the record that Mr. Ward here, said he was doing TR 1.1. And I would just like that noted here. That is probably not understandable to someone who is not a Scientologist, but it is definitely an attempt to demean the religion[sic] of Scientology and I'd like that noted for the record. This TR 1.1 refers to a writing by Graham Berry, where he states that he will start up a 1.1 Club, including, qualifications for this for non homosexuals, is that there will be a public buggering of the leaders of Scientology. Buggering of course I think you know that it refers to sodomy and that is I understand what the 1.1 Club is. I think that's what Mr. Ward was stating that in reference to. I'd also like to state for the record. I believe I've taken about a minute to state that and I'm willing to give them an extra minute so that it doesn't come off their time. "GW: For the record I have no idea why -- Yingling: Mr. Ward this is not -- "GW: I'm sorry, I do get to respond to that ma'am. He's accusing me of accusing him of vile words which he has put into the record, which I am shocked that he would put such vile words into the record. But for the record, I'm just looking at him. And he's the one that asked me what I'm doing and he just said this is TR something. So of course, since I know how much Scientologists are fond of humorous situations, I gave him a humorous answer and I have no idea what he's talking about Graham Berry's and other vile words that he said which I'm glad I didn't put on the record, as he did. "(*): Just so we have a record here and I don't care to engage in argument and I'd like the record to reflect that we've probably both been quite cordial with each other. But in reference to that, as Mr. Ward states, he has no idea what I'm referring to, the reason I was lead to believe that he would know about this is because Mr. Ward - I have seen postings from him, describing the various sexual acts that he has me engaged with various male members of the Scientology religion[sic], attorneys and so forth. And again, I won't state here what that is, but he has already been ruled to be disgusting by the judge. "Mr. Hart: and let the record reflect that both Mr. Henson and Mr. Ward are snickering GW: Let the record that William M. Hart is not well shaved and he looks like a ruffian and is causing a disruption of the deposition." Indeed. Henson's activities escalated even further. Acting in concert with his cohorts, who used a Global Positioning System ("GPS") device, they plotted the coordinates of several of the Church's buildings on the Golden Era property. The satellite coordinates were then posted on the Internet along with Henson's suggestion for a vector one could use to destroy them with a missile (Exhibit 14). The type of missile to be used was a "Tom Cruise missile." One would presume this would seem implausible to most people. The Usenet thread in question is archived at this Google link. Nowhere in it does Henson advocate targeting or destroying anyone with any type of missile. Abelson is, again, lying. Henson's threats lead to his being arrested and the criminal conviction that followed. Threats to Law Enforcement. As noted above, Henson had earlier demonstrated his refusal to abide by court orders, having been held in contempt of court by a federal judge. More recently, he has taken other actions which show his utter disregard for any form of judicial or law enforcement authority. Again, Abelson appears to be echoing previous scathing condemnation of his own clients from real judicial authorities, as compared to Abelson himself, who has no official position in People v. Henson aside from his tortious intermeddling and unprivileged defamation. As Judge Richey noted: "In view of this, it defies the imagination that these defendants have the unmitigated audacity to seek to defend their actions in the name of 'religion.' That these defendants now attempt to hide behind the sacred principles of freedom of religion, freedom of speech and the right to privacy -- which principles they repeatedly demonstrated a willingness to violate with impunity -- adds insult to the injuries which they have inflicted on every element of society." Prior to criminal trial, Henson sought the recusal of the entire Riverside District Attorney's Office from prosecuting the case. This was "supported" by a series of falsehoods and innuendo. An attorney from the Attorney General's Office opposed the motion and Henson's motion was denied. That motion is here as well as Henson's declaration in support. Abelson does not provide any specific examples of "falsehoods and innuendo" so I presume that he can't. While the trial was in progress, Henson attempted to intimidate witnesses, in violation of California Penal Code ' 136, by having his wife and others picket at the Church's facilities (where the witnesses work), carrying signs containing language specifically excluded from the trial by Judge Wallerstein. Henson, himself, in violation of Penal Code ' 95 attempted to influence jurors by handing out fliers attacking Scientology in the Hemet area. (Exhibit 15) Abelson seems to be claiming that one can stop picketing of an organization's facilities simply by having anyone who works there file a complaint. Ths First Amdendment does not work like that, as much as Abelson might prefer that it bow to the capricious and bizarre demands of his criminally convicted clients. If Abelson did not wish Henson to picket his client's facilities, his recourse would be to get a valid restraining order against it. Abelson tried and failed to get such an order, which the court denied. Rather than showing any remorse following his conviction, Henson became even more brazen. As mentioned above, within two hours of the verdict, Henson was back at the courthouse with his wife Arel protesting the court's action. No illegality attaches to protest, and none is alleged. The following day, Henson posted an "Open Letter to Judge Robert H Wallerstein" on an Internet newsgroup. (Exhibit 16) In the letter, Henson called the judgment a "miscarriage of justice" and "an assault on free speech" attempting to poison the judge with the very lies about the Church of Scientology which has been ruled inadmissible during the trial. He reargues the same points that his attorney had unsuccessfully raised in a motion for judgment notwithstanding verdict, a motion for a new trial and a motion for mistrial. Moreover, Henson's letter was is direct disobedience to the reprimand he received from Judge Walker following his earlier ex-parte contacts with judges. (Exhibit 17) Here is the "Open Letter to Judge Robert H. Wallerstein." Abelson does not even attempt to allege that this letter violates law, and his ludicrous belief that rules pertaining to introduction during trial somehow magically forbid any discussion of the excluded topics in any other forum is without factual or statutory basis of any kind. Henson even attempted to intimidate the Deputy District Attorney who was prosecuting him, both prior to and during trial, through numerous postings on the Internet. (Exhibit 18) Henson even went so far as to take the Deputy DA's photograph when he was coming out of his office. Additionally, on the eve of the trial, Henson went to the District Attorney's office in Hemet in an attempt to intimidate his staff. Henson then described this visit on the Internet in a posting where he revealed the full names of three female DA's Office's employees. (Exhibit 19) Here is the photograph of which Abelson is complaining. Left to right, Jamie Harr, Henson's counsel; Tony Greer; and Robert Schwarz, who is ducking and cringing to avoid being photographed. Click photo for enlargement. As much as the alleged public servant Deputy DA Robert K. Schwarz may like to believe that his office immunizes him against public comment on his behavior, it is in the United States still legal to photograph a District Attorney. If he finds being photographed to be so utterly terrifying as to unman him and reduce him to a quivering, cringing wreck one could suggest that he adopt a different line of work which does not require contact with the public and leave a job for which he is evidently unsuited by reason of unnatural cowardice. Henson's affiliation with a cadre of like minded hate mongers is a separate cause for concern. In an attempt to influence the court, members of that group posted direct threats against the DA's office, suggesting that the DA should be "violated by Nazi Lowriders." Henson has been associating with a key figure in this group, a millionaire by the name of Robert Minton, who himself has been found in contempt of a court ordered injunction in a recent proceeding in Florida. Minton's stated aim is the destruction of the church, graphically demonstrated in a photo of himself which was posted on the Internet and where he expresses his intentions. (Exhibit 20) Henson's close affiliation with Minton is also shown in the attached photo which shows Minton handing money to Henson in front of a Church of Scientology in Florida. (Exhibit 21) I did not, nor ever have, suggested that the Deputy District Attorney Robert K. Schwarz should be "violated by Nazi Lowriders." I very clearly stated, rather, that he "ought to be in prison being brutally sodomized by a gang of Nazi Lowriders" in this thread. My opinion of the Deputy District Attorney Robert K. Schwarz and his possible avenues for self-actualization are entirely irrelevant to any penalty that should be attached to a completely unrelated person. In short, if he doesn't like it, he should take it up with me himself, rather than against Henson, who didn't even say it. Whether or not Bob Minton has ever placed a photograph of whatever sort on the WWW or whether or not he has ever violated an injunction is irrelevant. As for the video referenced, I should know something about that since I'm in it myself. For years, Scientology has accused anyone who says anything critical of them whatsoever of automatically being "paid by Minton." In response to this bogus rhetoric, Mr. Minton often heckles their private investigators and camera people by handing out money to various critics in an ostentatious and blatant manner. In my case, the very same video will show that I returned the money as soon as the goof was over. I believe Henson returned the money some time later. In either case, this reference to a bit of clever street theatre did not fly in the cult's contempt case against Minton and thirteen other people, including Henson. Henson was completely acquitted in that case, and so were eleven of the others, in a case sometimes called the "Clearwater Thirteen." That case, including Judge Penick's final ruling, on video, is available in its entirety at the website of the now-defunct Lisa McPherson Trust. Summary Henson is a sociopath, but a very smart one, who has exploited and misused the legal system for his personal agenda. In my 33 years of practicing law as both a prosecutor and defense attorney, Henson is one of the most dangerous criminals I have seen. In my 31 years of being alive, the most dangerous criminals I have seen are Abelson's clients. The lessons of Oklahoma City and Columbine fill the press on a daily basis. In both cases there were early warning signs which went unheeded. We must not let that happen again as Henson has the expertise to carry out his threats. The comparison to Timothy McVeigh and the Columbine shooters is so outrageous as to pass without any comment other than contempt at the intellectual and moral bankruptcy of the arguer whose argument is so vacuous and empty it requires such idiocy. I am sure you will share our concerns and will make the appropriate recommendation to ensure that Keith Henson is restrained from taking actions to further the hate crimes for which he was convicted and from threatening the lives and safety of our citizens. He must not be allowed to walk away from the crime he committed. Henson should be sentenced to a minimum of six months incarceration with five years probation as described above in the hope that this will teach him to change his ways. If this scumbag actually believes that any amount of illegal and criminal corruption of the legal system will convince even one person that the venomous and totalitarian Scientology cult does not deserve to be protested until the organization reforms or ceases to exist entirely, he is sorely deluded. Sincerely, {signed} Elliot J. Abelson Law Offices of Elliot J. Abelson Paul Hastings Janofsky & Walker Of Counsel Elliot Abelson (right) with David Lebeau aka David Lee aka Ron Christopher aka Robert Clarke Click photo for enlargement.