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CASE NO. 99-7430-CI-08


       1              IN THE CIRCUIT COURT IN AND FOR
                          PINELLAS COUNTY, FLORIDA

       3                   CASE NO. 99-7430-CI-08


       5   ----------------------------------------X
           ORGANIZATION, INC., a Florida           :
       7   corporation,                            :
       8                       Petitioner,         :
       9   vs.                                     :
      10   ROBERT S. MINTON, JR., ET AL.,          :
      11                       Respondents.        :
                 BEFORE:      The Honorable THOMAS E. PENICK, JR.
                 PLACE:        Pinellas County Judicial Building
      14                       545 First Avenue North
                               St. Petersbrg, Florida
                 DATE:         February 10, 2001
                 TIME:         9:00 A.M.

      18         REPORTED BY:  JACKIE L. OSTROM
                               Court Reporter

      20    ---------------------------------------------------
                            ORDERS TO SHOW CAUSE
      21    ---------------------------------------------------
                                                    Pages 1 - 176
      22                                            Volume I

                      ROBERT A. DEMPSTER & ASSOCIATES
      24                        P.O. BOX 35
                            CLEARWATER, FLORIDA
      25                       (727) 443-0992


       1                        APPEARANCES

           The Honorable THOMAS E. PENICK, JR.

           911 Chestnut
       6   Clearwater, Florida

       8   740 Broadway, Fifth Floor
           New York, New York  10003
           Attorneys for Church of Scientology Flag Ship
      10   Organization


      13   2716 Herschel Street
           Jacksonville, Florida  32205

      16   5720 Central Avenue
           St. Petersburg, Florida  33707

      18   Attorneys for Robert Minton and
           Lisa McPherson Trust, Inc.








       1                        PROCEEDINGS

       2            THE COURT:  All right, ladies and

       3       gentlemen.  We're here today on case number

       4       99-7430-CI08, Church of Scientology Flag

       5       Services Organization, Inc., a Florida

       6       Corporation versus Robert S. Minton, Jr. et

       7       al as respondents.  And attorneys for both

       8       sides, are we ready to proceed?

       9            MR. MERRETT:  Yes, Your Honor.

      10            MR. POPE:  Yes, sir.

      11            THE COURT:  Thank you, gentlemen.  We

      12       have on this morning the evidentiary hearing

      13       to the orders to show cause and I believe

      14       that Mr. Minton, or excuse me, Mr. Merrett,

      15       sir, you had filed first and so we'll go with

      16       yours first.

      17            MR. POPE:  Your Honor?

      18            THE COURT:  Yes, Mr. Pope?

      19            MR. POPE:  May I make a suggestion that

      20       might assist some of the witnesses and that

      21       is that we with have various nonparty

      22       witnesses, including four police officers

      23       present.  I wondered if we might just be able

      24       to take every side's nonparty witnesses first

      25       so that we could excuse them and let them go


       1       on about their business rather than keeping

       2       them down here all day.

       3            THE COURT:  I have no problem with that

       4       but I want to keep them in their respective

       5       cases.  In other words, I want to go with his

       6       show causes that were filed by Mr. Merrett,

       7       that side first.

       8            They filed first, and as long as I keep

       9        them straight to each particular defendant

      10        because we've got keep that straight for the

      11        record, so.

      12            MR. POPE:  I don't have a nonparty

      13       witness that I know of for that particular

      14       matter, so perhaps the court should proceed

      15       without them.

      16            THE COURT:  Mr. Merrett and Mr. Howie,

      17       you understand what I'm saying on this?

      18            MR. POPE:  Yes.

      19            MR. HOWIE:  Yes.

      20            THE COURT:  Okay.  I don't know -- you

      21       have any problem taking them, doing it that

      22       way?  I'd like to do it if at all possible.

      23            MR. MERRETT:  I'm not sure that is has

      24       any meaning if the cases are going to be

      25       tried separately.


       1            THE COURT:  Yeah.  It will have to do.

       2       I want to keep them in their respective

       3       cases.  That's all I can say and we'll just

       4       do it that way.

       5            So, let's go ahead.  The first one,

       6        Mr. Merrett, sir.

       7            MR. MERRETT:  Yes, sir.

       8            THE COURT:  And your defendant, if you

       9       would, we're ready to proceed on those cases.

      10            MR. MERRETT:  Call Stacy Brooks.

      11            THE COURT:  And this is going to be for

      12       the three or I believe it was two individuals

      13       and the Church?

      14            MR. MERRETT:  Yes, sir.

      15   Thereupon:

      16                        STACY BROOKS

      17   was called as a witness and having been duly sworn, was

      18   examined and testified as follows:

      19                     DIRECT EXAMINATION

      20   BY MR. MERRETT:

      21        Q    Would you state your name please, ma'am?

      22        A    Stacy Brooks.

      23        Q    And you are the President of the Lisa

      24   McPherson Trust?

      25        A    Yes, I am.


       1        Q    Let me ask you if you recall meeting an

       2   individual named Ferman Geiger?

       3        A    Yes, I do.

       4        Q    And when did you meet him?

       5        A    On the evening of November 30.

       6        Q    What were you doing that evening?

       7        A    I was having dinner with the family of Lisa

       8   McPherson, Ken Dandar, the attorney for the family of

       9   Lisa McPherson, Bob Minton and several other people.

      10        Q    And who is Lisa McPherson or who was she?

      11        A    Lisa McPherson was a Scientologist who died

      12   at the Ft. Harrison Hotel in 1995.

      13        Q    What is it that caused you to meet or become

      14   acquainted with Mr. Geiger on that occasion?

      15        A    Well, in the middle of dinner he suddenly

      16   thrust his hand in front of me with a sheet of paper.

      17        Q    Okay.  Where were you at dinner?

      18        A    We were at the Ruth Chris Steakhouse on

      19   Westshore Boulevard in Tampa.

      20        Q    Okay.

      21            THE COURT:  I'm sorry, the name of the

      22       steakhouse, again?

      23            THE WITNESS:  Ruth Chris Steakhouse, I

      24       think is the way you say it.



       1   BY MR. MERRETT:

       2        Q    Okay.  What happened when he stuck these

       3   papers through to you?

       4        A    Well, I was extremely startled because we

       5   were in the middle of dinner.  We were all talking.

       6   We were very glad to see Lisa's family.  We hadn't

       7   seen them for a while.  They had just gotten into

       8   town, and it was very upsetting to me really because

       9   he was suddenly -- I mean, I was just sitting like

      10   this and all of a sudden he really kind of bumped into

      11   me and thrust these papers right here.

      12        Q    What were the papers?

      13        A    Well, I found out within a few moments that

      14   it was a copy of the injunction that Judge Penick had

      15   just signed that afternoon.

      16        Q    Okay, but the current injunction in this

      17   case?

      18        A    Yes.

      19        Q    Were there any other papers that he was

      20   trying to serve on you?

      21        A    No, not that he was trying to serve me.

      22        Q    Okay.  Did he have any other papers with

      23   him?

      24        A    Yes.

      25        Q    What else did he have?


       1        A    He had a piece of paper with my photograph

       2   on it and a name and address written on it.  I mean a

       3   name and a phone number written on it.

       4            MR. MERRETT:  Your Honor, if could I see

       5       the court file that has the motion for the

       6       order to show cause in it?  I believe I filed

       7       it.

       8            THE COURT:  I'll put the court files up

       9       here.  I don't represent which one they are

      10       in.  You can go through them, sir.

      11            MR. MERRETT:  Thank you.

      12            THE COURT:  Might be there or it might

      13       be one of these.

      14            MR. MERRETT:  This is probably it.

      15             (Whereupon, a pause in the proceedings took

      16        place.)

      17            THE COURT:  Tell you what let's do.

      18       Let's put all these down here on the clerk's

      19       table.  You can all come up to the clerk's

      20       table and get them as needed.

      21             (Whereupon, a pause in the proceedings took

      22        place.)

      23            THE COURT:  Let the record reflect, I

      24       have put the court file on the clerk's table

      25       due to the fact that this is being tried on


       1       Saturday, the 10th day of February, 2001 and

       2       Sunday, February 11, 2001, I do not have a

       3       clerk present.

       4            I'm going to ask the attorneys as

       5        officers of the court to be responsible for

       6        the court files and to look at them and see

       7        that they are not damaged or anything is

       8        missing.

       9             (Whereupon, a pause in the proceedings took

      10        place.)

      11            THE COURT:  Ian, come forward.  Would

      12       you sit up here?  I'm going to have my staff

      13       attorney, Ian Brewster, sit up here at the

      14       clerk's table and see if he can assist the

      15       attorneys in locating things.  And, Ian, you

      16       know those sticky tabs that you and I were

      17       using this morning?  They're right on my

      18       desk.  Go get those and mark these things so

      19       they will be available for both sides.

      20             (Discussion was had off the record.)

      21             (Whereupon, a pause in the proceedings took

      22        place.)

      23            MR. MERRETT:  May I approach the

      24       witness?

      25            THE COURT:  You may, sir.


       1   BY MR. MERRETT:

       2        Q    Ms. Brooks, let me ask you, tabbed with a

       3   pink post-it note what appears to be a photograph of

       4   you on an annotated sheet of paper?

       5        A    Yes.

       6        Q    Is this the document that Mr. Geiger had?

       7        A    Yes.

       8        Q    Or rather a copy of it?

       9        A    Yes.

      10        Q    Okay.  Let me ask you, can you tell the

      11   judge who Judy Ross is?

      12        A    She is someone who works for the Church of

      13   Scientology.

      14        Q    Okay.  Do you know her from your past

      15   association with Scientology?

      16        A    Yes.

      17        Q    Okay.  Do you know what division or

      18   department within Scientology she works for then?

      19        A    She was in the legal department, the Office

      20   of Special Affairs when I was also in the Office of

      21   Special Affairs.

      22            MR. MERRETT:  Your Honor, I would tender

      23       the document as our Exhibit One.

      24            THE COURT:  All right.  Mr. Pope, any

      25       objection?


       1            MR. POPE:  No objection, Your Honor.

       2            THE COURT:  Okay.  That will be

       3       Defendant Minton's Exhibit Number One is in

       4       evidence.

       5            MR. MERRETT:  May I proceed?

       6            THE COURT:  Yes, please, sir, go ahead.

       7   BY MR. MERRETT:

       8        Q    Did you have occasion to discuss with

       9   Mr. Geiger how it was that he came to be at your

      10   dinner party?

      11        A    Yes.

      12        Q    And what did he tell?

      13            MR. POPE:  Objection, Your Honor.  I'm

      14       not sure that Mr. Geiger has been served with

      15       an order to show cause.  I don't think he's a

      16       party to this proceeding in an official

      17       sense.  I think that this is therefore

      18       hearsay.

      19            MR. MERRETT:  He clearly is a party in

      20       any sense.  He has been served February 2 at

      21       4:45 PM.

      22            I'm now tendering to the court a copy of

      23        the order to show cause and return of

      24        service.

      25            THE COURT:  Mr. Pope, have you seen


       1       this?

       2            MR. POPE:  I have not see this.

       3            THE COURT:  All right.  Let Mr. Pope

       4       look at it.

       5             (Whereupon, documents were reviewed.)

       6            MR. MERRETT:  I would additionally point

       7       out to Your Honor that statements by party's

       8       opponent include agents, persons acting on

       9       behalf of a party and if you recall,

      10       Mr. Hertzberg was here in court last time

      11       with a photostat of Mr. Geiger's process

      12       server's license and I believe Mr. Pope

      13       admitted on the record the last time we were

      14       here Mr. Geiger had been retained by him for

      15       the purpose of serving process on behalf of

      16       Scientology.

      17            MR. POPE:  Your Honor, I would merely

      18       point out that on December 1 you entered an

      19       order acknowledging that a process server was

      20       acting on behalf of the court, not for a

      21       party.  The process server is therefore an

      22       agent of the court and not an agent of the

      23       parties.

      24            THE COURT:  I did do that on that

      25       particular date, but the event alleged


       1       happened prior.  We'll wait and see what's

       2       been established or where he goes from there

       3       and also in light of the fact that Mr. Geiger

       4       had now been served, Mr. Pope, is he present

       5       today so I can arraign him?

       6            MR. POPE:  I don't know.

       7            THE COURT:  Okay.

       8            MR. POPE:  I have not seen him.

       9            MR. MERRETT:  I wouldn't know him if I

      10       saw him, Your Honor.

      11            THE COURT:  Mr. Bailiff, if you would

      12       sound the halls for one Ferman Geiger?

      13            THE BAILIFF:  Yes, Your Honor.

      14             (Whereupon, halls were sounded by the

      15        bailiff and there was no response to the call to

      16        the court.)

      17            THE COURT:  Let the record so reflect.

      18            MR. POPE:  Your Honor, we apparently had

      19       a communication from Mr. Geiger yesterday to

      20       the effect that he intended to appear at the

      21       court at about ten o'clock this morning, so

      22       we don't know if that's accurate of if he's

      23       going to show up or not.  That's the only

      24       information we have about the matter.

      25            THE COURT:  Okay.  Hold on.  Let me look


       1       at this.  I'll come back to you in just a

       2       minute.  I want to see what's been handed to

       3       me.

       4            I have an affidavit of service.  Let me

       5        look at it.

       6             (Whereupon, documents were reviewed.)

       7            All right.  I have before me an

       8        affidavit of service.  It's an affidavit by

       9        one Michael Kortz, K-O-R-T-Z, being duly

      10        sworn to depose and say that on the third

      11        day of February, 2001 at 4:25 PM executed

      12        service -- actually substituted service on

      13        Ferman Geiger and it is under oath and

      14        attached to that was the order to show

      15        cause, which the order to show cause said

      16        that Ferman Geiger and Judy Ross shall

      17        appear before the undersigned judge,

      18        Pinellas County Judicial Center, 545 First

      19        Avenue North, St. Petersburg, Florida at

      20        9:00 AM on Saturday, February 10, 2001.  And

      21        let the record reflect that by the court's

      22        clock it is now 0922 hours.  The halls were

      23        sounded for one Ferman Geiger.  He has

      24        failed to appear.

      25            According to go the service, he was


       1        served, had notice to be here at nine

       2        o'clock, there has been no attacks on the

       3        notice of service.

       4            Mr. Bailiff, we will continue to sound

       5        the halls.  If he appears if you would take

       6        him into custody and hold him to bring him

       7        forward in front of me and we will proceed

       8        thus forth once he appears.

       9            THE BAILIFF:  Yes, Your Honor.

      10            THE COURT:  If he appears.

      11            THE BAILIFF:  Yes, Your Honor.

      12            THE COURT:  Otherwise I'll deal with it

      13       with a capias at a later date.

      14            THE BAILIFF:  Yes, your Honor.

      15            THE COURT:  Today.  All right.  Let me

      16       file this, please.

      17             (Whereupon, a pause in the proceedings took

      18        place.)

      19            All right.  You may proceed.

      20   BY MR. MERRETT:

      21        Q    Thank you, Your Honor.  What did Mr. Geiger

      22   tell you when your discussion with him turned to the

      23   issue of how he happened to be at the restaurant where

      24   you were?

      25            MR. POPE:  I renew my objection, Your


       1       Honor.

       2            THE COURT:  Overruled.  Proceed.

       3            THE WITNESS:  He said I'm very, very

       4       sorry to do this.  I've never been asked to

       5       interrupt someone at dinner before to serve

       6       process on them, but I have specifically been

       7       ordered to interrupt your dinner to serve

       8       process on you.

       9   BY MR. MERRETT:

      10        Q    And did you ask him specifically how he knew

      11   to come to Ruth Chris Steakhouse as opposed to the

      12   Crystal on Missouri Avenue?

      13        A    Yes.

      14        Q    What was his answer?

      15        A    He said there are OSA people in the dining

      16   room here with you in this restaurant and they told me

      17   where to find you.

      18        Q    Can you tell the court what or who OSA

      19   people are?

      20        A    OSA people are Office of Special Affairs,

      21   members of the Church of Scientology whose job it is

      22   to deal with all of the legal matters, intelligence

      23   matters, things like that and one of their jobs is to

      24   harass critics of Scientology like me.

      25        Q    Did you have -- let me ask you this.  The


       1   conversation about how he knew that you were there and

       2   that OSA was at the restaurant with you, did that

       3   occur before or after you got the document that's been

       4   introduced as exhibit one, if you recall?

       5        A    Well, it was after, because the first thing

       6   that happened was he thrust the paper in my face.

       7            MR. MERRETT:  Okay.  All right.  I have

       8       nothing further of this witness, Your Honor.

       9            THE COURT:  All right.  Mr. Pope.  Sir.

      10            MR. POPE:  May I exam from here, Your

      11       Honor?

      12            THE COURT:  Yes, sir.  That's fine.

      13                     CROSS-EXAMINATION

      14   BY MR. POPE:

      15        Q    Now, Ms. Brooks, on the 30th of November,

      16   you had knowledge, did you not, that on the 29th, the

      17   day before, the court had entered an order joining you

      18   as a party to this lawsuit and instructing the

      19   plaintiff to serve you with a copy of the order and

      20   summons and complaint; didn't you know that on the

      21   30th?

      22        A    I believe so.

      23        Q    All right.  So didn't you anticipate that

      24   you were going to get served with papers in connection

      25   with your now being a party in this lawsuit?


       1        A    Yes.

       2        Q    All right.  Now, didn't Mr. Geiger identify

       3   himself as a process server and tell you he was there

       4   to serve process?

       5        A    After he apologized to me, yes.

       6        Q    Okay.  Did he show you any identification at

       7   all or did he simplify identify himself as a process

       8   server?

       9        A    I don't recall actually.

      10        Q    Was Judy Ross anywhere present in that room

      11   when you were served with those papers?

      12        A    I don't know.

      13        Q    Weren't you served with a copy of the

      14   Temporary Injunction Number Two and a summons and a

      15   complaint, amended supplemental complaint in this

      16   action all at the same time?

      17        A    Possibly.

      18        Q    You don't know?

      19        A    It was in the middle of dinner, so it was a

      20   little inappropriate at the moment.

      21        Q    So you don't know exactly what was served on

      22   you at that time?

      23        A    I know I was served with the injunction.

      24        Q    All right, and you took the papers that he

      25   handed you, didn't you?


       1        A    Yes.

       2        Q    And you actually got quite angry with

       3   Mr. Geiger, didn't you?

       4        A    Yes, I was very upset with him.

       5        Q    All right.

       6        A    He was very upset also.

       7        Q    Did you also grab some other papers out of

       8   his hands?

       9        A    No.

      10        Q    You didn't do that?

      11        A    Only the paper that Mr. Merrett showed, the

      12   one with my photograph on it.

      13        Q    You didn't take papers out of -- snatch

      14   papers out of Mr. Geiger's hand and refuse to return

      15   them to him?

      16        A    No, I took the photograph of me with Judy's

      17   name on it and her phone number.

      18        Q    You took that out of his hand, right?

      19        A    Well, he was extending his hand with those

      20   papers in it like this.

      21        Q    And you took it, right?

      22        A    Yes, I did.

      23        Q    And you took the photograph as well and he

      24   asked for it back and you refused to give it back to

      25   him, didn't you?


       1        A    There was no separate photograph.  It was a

       2   photograph on that piece of paper with Judy's name and

       3   number on it.

       4        Q    And you took -- he didn't serve that on you,

       5   did he?

       6        A    Well, I don't know.  It was in his hand with

       7   the rest of the papers.

       8        Q    Okay, and didn't you snatch that away from

       9   him and refuse to give it back to him upon his

      10   request?

      11        A    Did I snatch it, no.  I took it from him.

      12        Q    You took if from him?

      13        A    Uh-huh.

      14        Q    Okay.  He asked for it back, didn't he?

      15        A    Yes.

      16        Q    And you refused to give it back?

      17        A    Well, I didn't give it to him.

      18        Q    Okay.  And this whole episode lasted what,

      19   three or four minutes?

      20        A    Actually, I would say probably more like

      21   seven or eight minutes.  Maybe up to ten minutes,

      22   because Mr. Geiger and I had quite a lengthy

      23   conversation about these circumstances under which he

      24   was interrupting my dinner.

      25        Q    And you say Mr. Geiger told you that there


       1   were people from the Office of Special Affairs

       2   somewhere there in the restaurant observing you; is

       3   that what he told you?

       4        A    Yes.  He said there were OSA people in the

       5   restaurant and that's how he knew where I was in the

       6   restaurant.

       7        Q    Did you recognize any of these OSA people

       8   that were purportedly there?

       9        A    You know, Mr. Pope, I wasn't looking all

      10   over the restaurant for the OSA people.

      11            MR. POPE:  All right.  May I have a

      12       moment, Your Honor?

      13            THE COURT:  You may.

      14            MR. POPE:  I don't have any further

      15       questions at this time, Your Honor.

      16            THE COURT:  Okay.  Thank you, sir.

      17       Redirect?

      18            MR. MERRETT:  Very briefly.

      19            THE COURT:  Proceed.

      20                    REDIRECT EXAMINATION

      21   BY MR. MERRETT:

      22        Q    Ma'am, you were asked whether or not you

      23   expected to be served with papers as a result of the

      24   order entered on the 29th.  Did you expect to have

      25   somebody from Scientology walk in and stick his hand


       1   in your face in the middle of dinner?

       2        A    Certainly not.

       3            MR. MERRETT:  I don't have anything

       4       further.

       5            THE COURT:  Anything else, Mr. Pope?

       6            MR. POPE:  No.

       7            THE COURT:  You may step down and have a

       8       seat back by your attorney.  Yes, sir?

       9            MR. MERRETT:  Call J. R. Enerson.

      10            THE COURT:  All right.

      11   Thereupon:

      12                       J. R. ENERSON

      13   was called as a witness and having been duly sworn, was

      14   examined and testified as follows:

      15             (Whereupon, a pause in the proceedings took

      16        place.)

      17            MR. MERRETT:  May I see that exhibit?

      18            THE COURT:  Yes, that's in evidence.

      19            MR. MERRETT:  Thank you, Your Honor.

      20            THE COURT:  It is marked into evidence.

      21            MR. MERRETT:  Thank you.  May I approach

      22       the witness?

      23            THE COURT:  You may, sir.




       1                     DIRECT EXAMINATION

       2   BY MR. MERRETT:

       3        Q    Mr. Enerson, I want to show you what's been

       4   received in evidence as Exhibit One and ask you to

       5   take a look at the handwritten items on the document

       6   and I want to direct your attention back to the time

       7   to and between November 30 and December 4 of 5, that

       8   weekend coming into the first part of the next week.

       9   Were you requested by anyone to undertake any

      10   investigation to determine what those phone numbers

      11   were?

      12        A    Yes, I was.

      13        Q    And who is that it requested you to do that?

      14        A    You did.

      15        Q    And what did you do to find out what those

      16   phone numbers next to Judy Ross' name were?

      17        A    I actually called those phone numbers.

      18        Q    What was the response that you got?

      19        A    There was a female voice on the other end

      20   that answered --

      21            MR. POPE:  Objection.  This is hearsay.

      22       There has been no predicate laid that this

      23       can be attributed to the plaintiff or any

      24       agent of the plaintiff.

      25            THE COURT:  Mr. Merrett?


       1            MR. MERRETT:  Your Honor, the statement

       2       is the statement of a person who is an agent

       3       or owner of the telephone number.  The

       4       purpose is to identify the telephone number.

       5            THE COURT:  Sustained.  Proceed.

       6   BY MR. MERRETT:

       7        Q    What did the female voice say?

       8        A    A female voice answered saying special or

       9   public affairs.

      10        Q    And did you make further inquiry to find out

      11   exactly what that was?

      12        A    I said is this Scientology.

      13        Q    What was their response?

      14        A    Yes.

      15        Q    That was their response?

      16        A    Yes, that was the response.

      17            MR. MERRETT:  Thank you.  I have nothing

      18       further of this witness, Your Honor.

      19            THE COURT:  Mr. Pope?

      20            MR. POPE:  No questions, Your Honor.

      21            THE COURT:  Sir, you may step down.

      22            MR. MERRETT:  Your Honor, at this time I

      23       would tender into evidence as an admission of

      24       Mr. Geiger and as an adopted admission of

      25       Scientology by virtue of their having filed


       1       it as an attachment to a motion, the

       2       affidavit of Ferman Geiger dated December 12,

       3       2000.

       4            MR. POPE:  No objection, Your Honor.

       5            THE COURT:  Okay.  Hold on.  Let me get

       6       it in.  This is Defendant's Exhibit Number

       7       Two.

       8             (Whereupon, Defendant's Exhibit Number Two

       9        was admitted into evidence.)

      10            THE COURT:  That is in evidence.

      11            MR. MERRETT:  Thank your, Your Honor.  I

      12       would move the court to take judicial notice

      13       rather than dig through the file, of the fact

      14       that evidenced by the affidavit before you

      15       and the photostat of Mr. Geiger's

      16       identification card previously tendered by

      17       Scientology, that Mr. Geiger is appointed in

      18       Hillsborough County by Judge Alvarez as a

      19       special process server or certified process

      20       server.

      21            THE COURT:  All right.  Bear with me

      22       just a minute.

      23            MR. POPE:  We have no objection to you

      24       so noting, Your Honor.

      25             (Whereupon, a pause in the proceedings took


       1        place.)

       2            THE COURT:  That's so noted.  For the

       3       record, as far as Mr. Geiger is concerned, he

       4       is a failure to appear or respond to a court

       5       order at this time.  He has not been

       6       arraigned on this and quite frankly, I think

       7       any proceedings that we are doing that

       8       involve him are going to have to be done

       9       again if he does show up and give him

      10       arraignment he did not plead to.

      11            MR. MERRETT:  I understand, Your Honor.

      12            THE COURT:  All right.  I just wanted to

      13       make that clear.  All right, let's go ahead.

      14            MR. MERRETT:  Your Honor, we would call

      15       Robert Minton to the stand.

      16   Thereupon:

      17                       ROBERT MINTON

      18   was called as a witness and having been duly sworn, was

      19   examined and testified as follows:

      20                     DIRECT EXAMINATION

      21   BY MR. MERRETT:

      22        Q    Mr. Minton, would you state your name?

      23        A    Robert Minton.

      24        Q    And were you present during the event

      25   described by Ms. Brooks in her testimony?


       1        A    Yes, I was.

       2        Q    And can you tell the court what you recall

       3   seeing and hearing as far as what Mr. Geiger did and

       4   said?

       5        A    It was pretty much just like Ms. Brooks

       6   said.  You know, he appears, you know, on her left

       7   side.

       8             I was sitting to the right of Ms. Brooks.

       9   Mr. Geiger, I later learned that's his name, appeared

      10   over Stacy Brooks' left shoulder and he put these

      11   documents right in front of her face.

      12        Q    Do you recall specifically what documents he

      13   had in his hand?

      14        A    It was the injunction.

      15        Q    Do you recall whether there were any other

      16   documents other than the injunction and the photograph

      17   that's already been tendered in evidence?

      18        A    I'm not aware that there were any others.  I

      19   mean, I flipped through and it just looked like the

      20   injunction to me.

      21        Q    Okay.  Did you hear Mr. Geiger's response to

      22   Ms. Brooks' inquiry regarding how out of all of the

      23   gin joints in all the cities and all the world he

      24   ended up at Ruth Chris Steakhouse?

      25        A    Yes.


       1        Q    What was his response?

       2        A    His response was about his OSA handlers were

       3   in the restaurant.

       4            MR. MERRETT:  I don't have anything

       5       further of this witness, Your Honor.

       6            THE COURT:  Mr. Pope?

       7            MR. POPE:  No questions, Your Honor.

       8            THE COURT:  Mr. Minton, sir, you may

       9       step down.

      10            Also, again for the purposes of the

      11        record, Mr. Merrett has been asking the

      12        questions and Mr. Pope has been doing the

      13        cross-examination, but I don't mean to

      14        slight Mr. Howie, sir.

      15            MR. HOWIE:  I don't feel slighted, Your

      16       Honor.  I have no questions for these

      17       witnesses.

      18            THE COURT:  Okay.  The thought occurred

      19       to me I haven't given you an opportunity.

      20            MR. HOWIE:  I'll intervene if I do have

      21       questions.

      22            THE COURT:  Yes, sir.  All right.  Okay.

      23       Call your next witness.

      24            MR. MERRETT:  Prosecution rests, Your

      25       Honor.


       1            THE COURT:  As far as?

       2            MR. MERRETT:  As far as the Church,

       3       Mr. Geiger and Ms. Ross.

       4            THE COURT:  Okay.  Mr. Pope, sir.

       5            MR. POPE:  I'll ask Mr. Hertzberg to

       6       make a motion, Your Honor.

       7            THE COURT:  Okay.

       8            MR. HERTZBERG:  Your Honor, may I stand

       9       at the podium?

      10            THE COURT:  You may, sir.

      11            MR. HERTZBERG:  Your Honor, at this time

      12       on behalf of defendants Judy Ross, and Church

      13       of Scientology Flag Service Organization, we

      14       ask for a directed verdict or a judgment of

      15       acquittal for the failure to prove.

      16            As Your Honor knows, the standard for

      17        this proceeding is proof beyond a reasonable

      18        doubt and for a variety of reasons which I'd

      19        like to touch on briefly, we would maintain

      20        that that proof has not been made by the

      21        party forward.

      22            The overt action order of this court

      23        that guides us here in determining whether

      24        it is a violation of the injunction is this

      25        court's order of December 1, of the year


       1        2000, and in particular paragraph three

       2        where this court made clear that it did not

       3        intend for its injunction to bar the service

       4        of process by a lawful process server.  And

       5        I will just remind the court of the specific

       6        language that paragraph, quote: Any process

       7        server obtained by any party to this action

       8        pursuant to the laws of the State of Florida

       9        and the applicable rules of court is free to

      10        legally serve process on any person,

      11        notwithstanding the terms of Temporary

      12        Injunction Number Two, inasmuch as such

      13        process server will be an agent of this

      14        court for the purpose of the serving

      15        process, end quote.

      16            Now, they have established in many

      17        different ways that Mr. Geiger was a process

      18        server, a licensed process server in

      19        Hillsborough County.  They put into evidence

      20        the photocopy of his license signed by Judge

      21        Alvarez in Hillsborough County.  I really

      22        don't need anything further, although

      23        Ms. Brooks also conceded on

      24        cross-examination that he represented

      25        himself to be a process server, and they put


       1        his affidavit in, in which he also stated

       2        that he was a licensed process server in

       3        which he stated that the reason that he was

       4        present on the 30th in that restaurant was

       5        to serve process.

       6            We also have the concession from

       7        Ms. Brooks that not only was he serving a

       8        copy of the injunction, but she said on

       9        cross-examination, she conceded on

      10        cross-examination that she could not rule

      11        out the possibility that Mr. Geiger was also

      12        serving a summons and complaint.

      13            Your Honor may take notice of your own

      14        order in this case dated the 29th of

      15        November which is the day before these

      16        events which are the subject of this

      17        particular order to show cause in which Your

      18        Honor stated in paragraph two, you ordered

      19        quote:  The clerk shall, upon plaintiff's

      20        request, issue additional summonses with

      21        respect to each of the foregoing defendants

      22        and plaintiff shall serve upon each of said

      23        defendants a summons, a copy of a verified

      24        amended and supplemental complaint and a

      25        copy of this order.  And one of the


       1        individuals listed in the paragraph above,

       2        paragraph one which Your Honor was referring

       3        to in paragraph two in which Your Honor

       4        directed that those documents be served upon

       5        various individuals is Stacy Brooks.  In

       6        fact, her name is the first name that

       7        appears on your order of the 29th.

       8            Now, some other important evidence, if

       9        we needed anything more, came out in

      10        Ms. Brooks' testimony.  She conceded her

      11        knowledge when she was asked to describe who

      12        Judy Ross was, what her knowledge of Judy

      13        Ross was she said Judy Ross worked in the

      14        legal department at the Church.  That's

      15        totally consistent with this.

      16            What we have then is testimony that a

      17        process server appeared in a public place

      18        after the order that Your Honor issued

      19        directing that Stacy Brooks be served with

      20        process.  And that, we think -- we submit to

      21        Your Honor, is clearly protected under the

      22        terms of your order.

      23            If there was any doubt about it, and I

      24        don't think that there is at this point, I

      25        think that for the reasons I've given


       1        already the case has to be dismissed for

       2        failure to prove.

       3            Your Honor also has in the court file

       4        and can take judicial notice of, a document

       5        that I would like to hand up to Your Honor

       6        through the bailiff and which is the proof

       7        of service that Mr. Geiger swore to under

       8        oath in which he states that he served a

       9        summons and complaint, as well as Injunction

      10        Number Two, Your Honor, if I may direct Your

      11        Honor's attention is up here on this

      12        portion --

      13            THE COURT:  Okay.  Hold on just a minute

      14       please, sir.

      15             (Whereupon, a pause in the proceedings took

      16        place.)

      17            MR. HERTZBERG:  If Your Honor would

      18       look, it's the proof of service which is

      19       under oath by Mr. Geiger which describes --

      20            THE COURT:  -- received it and served

      21       it, up here?

      22            MR. HERTZBERG:  I'm sorry, it is up

      23       here, Your Honor, that I'm directing your

      24       attention to.  May I approach?

      25            THE COURT:  You may.


       1            MR. HERTZBERG:  Summons and Complaint

       2       and injunction Number Two.

       3            THE COURT:  Okay.  Yes, sir. okay.

       4            MR. HERTZBERG:  And he describes that

       5       pursuant to the request of an attorney

       6       Mr. Moxon and Geitzen Associates, his

       7       employer, he went to serve Stacy Brooks at

       8       the steakhouse, in the public place in Tampa

       9       and he swore to that on December 1 in the

      10       return service.  So, what we have here is the

      11       proof of service for the summons and

      12       complaint as well as the injunction.

      13            I would submit to Your Honor that under

      14        the terms of your order where you made clear

      15        that it is not a violation of Injunction

      16        Number Two for process to be served, I would

      17        submit to Your Honor that even if, even if

      18        the only thing that Mr. Geiger served on

      19        Ms. Brooks that evening was the copy of the

      20        injunction, that would not be sufficient to

      21        make out an allegation of a violation of the

      22        injunction whether under a theory of

      23        harassment or any other theory that they

      24        argue to the court, but we don't even have

      25        to be restricted to that because, and this


       1        is significant.  We have the sworn affidavit

       2        of Mr. Geiger in the file saying that he

       3        also served a summons and complaint which is

       4        what Your Honor directed be done.

       5            You ordered that that be done, and we

       6        also have Ms. Brooks on cross-examination

       7        unable to deny, in effect, that she received

       8        documents other than a summons, other than

       9        the injunction on that evening and

      10        Mr. Minton didn't help him at all because he

      11        could not rule out that other documents were

      12        being served by Mr. Geiger at that time.

      13            And we also have in the comments if Your

      14        Honor would look at the comments in the

      15        sworn affidavit of Mr. Geiger in the

      16        document that I handed up to you, we have

      17        his account of what occurred in that

      18        encounter with Mrs. Brooks on that evening

      19        which is significantly different than the

      20        testimony, but in addition -- just take a

      21        moment if Your Honor wants to look at that.

      22             (Whereupon, a pause in the proceedings took

      23        place.)

      24            MR. MERRETT:  Your Honor, I would --

      25            MR. HERTZBERG:  In addition to that, we


       1       have --

       2            MR. MERRETT:  Your Honor I object to

       3       consideration of that as being inadmissible

       4       hearsay.  It's another part of the return.

       5            THE COURT:  Okay.

       6            MR. HERTZBERG:  It is part -- it is

       7       part.  It's part of the integrated document,

       8       but beyond that Mr. Merrett put into evidence

       9       Mr. Geiger's affidavit and in that affidavit

      10       also -- but let me give the context for how I

      11       want to use this affidavit.

      12            I would submit that on the basis of what

      13        I've said so far we are entitled to a

      14        directed verdict or a judgment of acquittal

      15        here because they have failed to establish

      16        even a prima facie case of a violation of

      17        the injunction.

      18            THE COURT:  Okay.

      19            MR. HERTZBERG:  But I will add, unless

      20       you want to --

      21            THE COURT:  I want to ask a question.

      22            MR. HERTZBERG:  Sure.

      23            THE COURT:  Mr. Hertzberg, when you

      24       started here you cited an order 29, November,

      25       year 2000?


       1            MR. HERTZBERG:  Yes, sir.

       2            THE COURT:  Could I see that?

       3            MR. HERTZBERG:  Yes.  I don't want to

       4       give you my marked up copy.

       5            THE COURT:  Just give me a copy.  Let me

       6       see.

       7            MR. HERTZBERG:  Here, Your Honor.  And I

       8       direct Your Honor's attention, please, to

       9       paragraphs one and two on the first page.

      10            THE COURT:  Thank you, sir.

      11            MR. HERTZBERG:  Yes, Your Honor, so I

      12       wanted to do two arguments.  The first

      13       argument, and I am sort of resting in the

      14       middle of my argument, is that based on that

      15       order and based on Mrs. Brooks' and

      16       Mr. Minton's testimony, we are entitled --

      17       they just didn't make that a prima facie

      18       case.

      19            We win just based on what I've said so

      20        far, but without being cumulative there is

      21        also another reason that you should grant it

      22        and that's because they have raised a

      23        reasonable doubt.  This is a sort of

      24        separate theory, failure to make a prima

      25        facie case.


       1            They've also injected reasonable doubt

       2        into the case by introducing Mr. Geiger's

       3        affidavit because Mr. Geiger's affidavit has

       4        some very interesting things in here.  Does

       5        Your Honor have a copy of it?

       6            THE COURT:  Let me ask you, which

       7       affidavit are you talking about.  I've got

       8       affidavit of service and the one that I have

       9       is -- I filed the one, just mark it filed

      10       that he gave me for Ferman Geiger.

      11            MR. HERTZBERG:  That's correct.  This is

      12       the affidavit of December 12, 2000.

      13            THE COURT:  I'm sorry.  Yeah, that --

      14            MR. HERTZBERG:  That one, as well, Your

      15       Honor.

      16            THE COURT:  Okay.

      17            MR. HERTZBERG:  Okay.  Now, let's look

      18       at that affidavit for a moment.  Look at

      19       paragraph three.  Again, he's confirming that

      20       he's a Hillsborough County certified process

      21       server.  Then in paragraph four he says that

      22       on November 30, which is the date in

      23       question, Geitzon and Associates contacted

      24       him to do a service job in the early evening.

      25       And he says Judy Ross gave him the paper to


       1       be served.  It's in the plural.  He didn't

       2       say "paper" like an injunction.  She said

       3       papers and information on where I might

       4       locate the person.

       5            I met Ms. Ross.  She gave me the papers

       6        that were to be served and also furnished me

       7        a photograph of the person to be served,

       8        Stacy Brooks, as I had never seen her

       9        before.

      10            Your Honor, this photograph which has

      11        been introduced into evidence, there is some

      12        suggestion that there was something

      13        improper.  There is nothing improper if

      14        you're providing a process server with

      15        photograph of the person who is to be served

      16        and in fact that's done all the time and

      17        Mr. Geiger, through the affidavit that

      18        they've introduced into evidence, has given

      19        the reason why he needed a photograph,

      20        because he hadn't ever seen Ms. Brooks

      21        before so he needed a photograph of her, so

      22        this is totally corroborative of his going

      23        out to his duty as commanded by the court's

      24        order of the 29th to serve process on

      25        Ms. Brooks.  And he goes to the steakhouse


       1        and he has his instructions where to find

       2        her.

       3            That's not a violation of the injunction

       4        and he was given, in paragraph five he was

       5        given a telephone number where Ms. Ross

       6        could reached in case he had any questions

       7        and that's not a violation of the injunction

       8        and he goes to the restaurant, he identifies

       9        Ms. Brooks in paragraph six by the

      10        photograph he has.  Not through any OSA

      11        operatives through this testimony that they

      12        gave here, the vague testimony about

      13        so-called OSA operatives.

      14            He states under oath in this affidavit

      15        that Mr. Merrett put into evidence that the

      16        way he found Ms. Brooks was through the

      17        photograph and he goes to the table and he's

      18        subjected to verbal abuse.  That's in

      19        paragraph six of the document that they put

      20        into evidence.  Making comments about me for

      21        serving Scientology related papers, papers

      22        again in the plural.

      23            Ms. Brooks got very angry at me.  She

      24        forceably grabbed all the papers I was

      25        holding from my hand.  That's contrary to


       1        her testimony.

       2            She said, she tried to evade on

       3        cross-examination, she refused to adopt

       4        Mr. Pope's question that she grabbed and

       5        said she took it.  Well, the document they

       6        put in contradicted that, Your Honor. it

       7        says that she grabbed it.  And then he asked

       8        for the paper back.  Quote:  I explained I

       9        was a process server performing my job, but

      10        she refused to give them back to me.  I

      11        attempted to convince her that she needed to

      12        give me back my papers, but the only thing

      13        she finally gave back to me was the original

      14        summons.

      15            Your Honor, that is very significant

      16        lest there be any doubt this is cumulative

      17        of course of the proof the service which

      18        says that the summons which Your Honor

      19        directed to be served on them be served.

      20        There's that word.  It's the document they

      21        put in today.

      22            This fills in the gap Ms. Brooks said

      23        she was uncertain whether she got a summons

      24        but they put in evidence saying that it was

      25        a summons from Mr. Geiger.  That's their


       1        exhibit.

       2            Then in paragraph seven of this

       3        affidavit, Your Honor, which they put into

       4        evidence, Mr. Geiger gives a completely

       5        different account than Ms. Brooks and

       6        Mr. Minton about the Office of Special

       7        Affairs.  He denies even knowing what the

       8        Office of Special Affairs is.

       9            He says at the bottom of page two of his

      10        affidavit quote:  I did not tell Stacy

      11        Brooks or anyone else that I was acting on

      12        the instructions of and applying information

      13        provided by the Office of Special Affairs.

      14        Nor did I state that one or more members of

      15        the Office of Special Affairs was involved.

      16            Your Honor, they have raised, if for any

      17        reason Your Honor concludes and I urge you

      18        not to because I think we are completely

      19        correct on this, but if Your Honor does not

      20        agree that they failed to make a prima facie

      21        case, then they, themselves, have raised a

      22        reasonable doubt because this affidavit that

      23        they put on in their case in chief

      24        materially, materially contradicts in

      25        significant ways the testimony of Stacy


       1        Brooks and Robert Minton.  So, I submit to

       2        Your Honor this raises a reasonable doubt

       3        we're entitled to an acquittal.  Thank you.

       4            THE COURT:  Okay.  Let me ask you

       5       another question.  You represent the Church

       6       of Scientology.

       7            MR. HERTZBERG:  Flag Service

       8       Organization and Judy Ross.

       9            THE COURT:  Is Judy Ross present, today?

      10            MR. HERTZBERG:  She is, Your Honor.

      11            THE COURT:  Who are you pointing to.

      12            MR. HERTZBERG:  Please stand.

      13            THE COURT:  Are you Judy Ross?

      14            MS. ROSS:  Yes, sir.

      15            THE COURT:  And you've previously plead

      16       in this case?

      17            MS. ROSS:  Yes, Your Honor.

      18            THE COURT:  Okay.  Thank you.  Let the

      19       record so reflect as to those two defendants

      20       you made your argument at this time.

      21            MR. HERTZBERG:  Thank you, Your Honor.

      22            THE COURT:  All right.  Mr. Merrett.

      23            MR. MERRETT:  Your Honor, I don't know

      24       if the court wants to proceed at this point

      25       or reserve at the conclusion of the case.


       1       I'm prepared either way.

       2            THE COURT:  I'll reserve.

       3            MR. MERRETT:  Thank you.

       4            THE COURT:  Let's do this.  We've been

       5       going for about an hour.  Let's take a break.

       6       Take ten minutes and we'll come back.

       7             (Thereupon, a short recess was taken, after

       8        which the proceedings continued.)

       9            THE COURT:  All right.  Mr. Bailiff, if

      10       you would while we're getting started here,

      11       would you again sound the halls for a Ferman

      12       Geiger, sir.

      13            THE BAILIFF:  Yes, sir.

      14             (Whereupon, a pause in the proceedings took

      15        place.)

      16            THE BAILIFF:  Your Honor, he's being

      17       detained down in the lobby.

      18            THE COURT:  You say he has appeared?

      19            THE BAILIFF:  That's right.

      20            THE COURT:  Would you please have the

      21       bailiff bring him forward?

      22            THE BAILIFF:  Yes, Your Honor.

      23             (Whereupon, a pause in the proceedings took

      24        place.)

      25            THE BAILIFF:  He's in route, Your Honor.


       1             (Whereupon, a pause in the proceedings took

       2        place.)

       3            THE COURT:  Sir, are you Ferman Geiger?

       4            MR. GEIGER:  Yes, sir, I am.

       5            THE COURT:  Mr. Geiger, I have in front

       6       of me an affidavit of service that you were

       7       served with an order to show cause to appear

       8       at this court here in the Pinellas County

       9       Judicial Center, 545 First. Avenue North,

      10       St. Petersburg, Florida at 9:00 AM on

      11       Saturday, February 10, 2001.

      12            MR. GEIGER:  Yes, sir.

      13            THE COURT:  Halls were sounded at 9:15.

      14       You were not present.  Attorneys for the

      15       Church of Scientology told me that maybe you

      16       would show up around ten o'clock.  You did

      17       not respond to the sounding of the halls at

      18       9:15.

      19            The order that was served on you said

      20        that you were to appear on Saturday,

      21        February 10, the year 2001 at nine o'clock.

      22            Your failure to be here at the time

      23        appointed can be direct criminal contempt.

      24        You can be incarcerated for up to six

      25        months.  I am dealing with it at this time


       1        as direct criminal contempt.  Do you have an

       2        attorney present to represent you?

       3            MR. GEIGER:  No, sir, I do not.

       4            THE COURT:  Mr. Pope, do you represent

       5       this man?

       6            MR. POPE:  I do not, Your Honor.

       7            THE COURT:  Mr. Pope, I'm appointing you

       8       to represent him at this time in a direct

       9       criminal contempt proceeding.

      10            MR. POPE:  Your Honor, I'm wondering if

      11       I might not have a conflict in this matter.

      12            THE COURT:  Well, you might.  Quite

      13       frankly, I've looked at the case law and the

      14       case law says he does not have to be

      15       represented by counsel for direct criminal

      16       contempt.

      17            You, Mr. Geiger, were directly legally

      18        served.

      19            MR. GEIGER:  No, sir, I was subserved.

      20            THE COURT:  I have not asked you yet for

      21       any comment.  If you want get double direct

      22       criminal contempt just keep proceeding.

      23             (Whereupon, a pause in the proceedings took

      24        place.)

      25            THE COURT:  All right, now, I'll try one


       1       more time.  You were served.  You did not

       2       appear as ordered.  You are now present.  Let

       3       the record reflect it is now 10:35 by the

       4       courtroom clock.

       5            I will give you an opportunity at this

       6        time to explain yourself.  Tell me why you

       7        weren't present.  If you have a valid excuse

       8        or any mitigating circumstances.

       9            MR. GEIGER:  Thank you, Your Honor.  I

      10       apologize for being late.  I underestimated

      11       the time, the traffic and the location.  I'm

      12       totally unfamiliar with the area.  I traveled

      13       from my home and gave myself an hour and 20

      14       minutes.

      15            THE COURT:  Where is your home?

      16            MR. GEIGER:  In Zephyrhills, Florida,

      17       sir.

      18            THE COURT:  Okay.

      19            MR. GEIGER:  And I gave myself an hour

      20       and 20 minutes and I ended up at the 49th

      21       Street courthouse because I thought that's

      22       where it was at.

      23            THE COURT:  You didn't read the paper

      24       that was served on you?

      25            MR. GEIGER:  Yes, sir, but I'm totally


       1       unfamiliar with St. Pete and I asked for

       2       directions.

       3            THE COURT:  You're a process server?

       4            MR. GEIGER:  Yes, sir, for Hillsborough

       5       County.

       6            THE COURT:  Okay.

       7            MR. GEIGER:  And I'm totally unfamiliar

       8       with this area.  And I went to the 49th

       9       Street courthouse because in periods of time

      10       as an investigator, as well, I have

      11       associated myself with that courthouse.

      12            It is error on my part and I apologize

      13        for the lengthy time.  I have no excuse

      14        other than that, Your Honor.

      15            THE COURT:  Okay.  All right.  You did

      16       receive the paperwork, the order to show

      17       cause?

      18            MR. GEIGER:  Yes, sir.

      19            THE COURT:  Do you have an attorney to

      20       represent you to that matter?

      21            MR. GEIGER:  No, sir.

      22            THE COURT:  Let he me ask you this.  In

      23       as much as the order to show cause against

      24       the Church and Judy Ross with evidence

      25       involving yourself had already been


       1       presented, but I've also put on the record

       2       that as far as you were concerned that would

       3       have to be done again, but you weren't

       4       present.

       5            I'm going to put you at the end of the

       6        line and I'll deal with you after I get

       7        through everything else and because I'm

       8        having to do it twice I'm still considering

       9        the charge of direct criminal contempt and

      10        we'll deal with that later.

      11            Now, I'm continuing you and your matter

      12        and it will be heard when the court can hear

      13        it.

      14            Now, you've been absent once.  If you're

      15        absent a second time I don't think there is

      16        any mitigation or excuse you can come up

      17        with, really.  You're going to be hurting

      18        real bad to come up with something.  So,

      19        rather than put you in the holding cell so I

      20        know you're going to be here when I need

      21        you, I'm telling you and I'll let you go at

      22        this time, but I expect you to be ready at

      23        the call of the court when I come back to

      24        your case.  Do you have any questions about

      25        what I just said?


       1            MR. GEIGER:  No, sir, I do not.

       2            THE COURT:  All right.  Mr. Bailiff, let

       3       him sit out there with everybody else.

       4            THE BAILIFF:  Yes, Your Honor.

       5            THE COURT:  I will continue the matter

       6       of the direct criminal contempt.  I'll deal

       7       with it later.  We'll see how it goes.

       8             (Whereupon, a pause in the proceedings took

       9        place.)

      10            All right.  Let's go back.  All right.

      11        Now, as to the motion that was argued for

      12        directed verdict, I'll hold off on that.

      13        I've got that under advisement and I will

      14        wait and see who that falls with all of the

      15        other matters, especially if that Geiger is

      16        going to have to be tried.  Mr. Pope?

      17            MR. POPE:  Your Honor, as to Judy Ross

      18       and the Church, they rest, and renew the

      19       motion for judgment if acquittal.

      20            THE COURT:  Okay.  Mr. Merritt?

      21            MR. MERRETT:  Yes, Your Honor, I'm

      22       prepared to respond at this time.

      23            THE COURT:  Okay.  Now, remember, I want

      24       the record real clear this is as to the

      25       Church of Scientology Flag Service


       1       Organization and Judy Ross only.

       2            MR. MERRETT:  Yes, sir.

       3            MR. POPE:  Yes, sir.

       4            MR. MERRETT:  May it please the Court.

       5            THE COURT:  Yes, sir.

       6            MR. MERRETT:  Your Honor, the place to

       7       begin, as in most things, is at the

       8       beginning, and the beginning here is to the

       9       extent that sheds light on the court's intent

      10       in the injunction of November 30, your order

      11       of December 1.

      12            In response to the petitioner's first

      13        motion for clarification or amendment or

      14        whatever it was, but the December 1 order

      15        that made the first expressed mention of

      16        process servers and I think that the lesson

      17        we have all learned is that we are in a

      18        court where words mean something, sometimes

      19        to a terrifying effect do they mean

      20        something, and one of the words that the

      21        court took the special pains interlineate on

      22        that order of December 1 was word the I

      23        believe "legally".  It was either legally or

      24        lawfully in the paragraph describing the

      25        exception that the court was creating for


       1        process serving, so what we begin with is

       2        the fact that assuming that the intent of

       3        the injunction was never to alter the law as

       4        it pertains to service of process, ee have

       5        to look at what service of process is.

       6            The place where that starts and I'll

       7        make this part of the argument brief because

       8        I do not -- I cannot represent to you that

       9        the record clearly establishes that there

      10        was no service of anything other than the

      11        injunction.  I mean, I don't think that's

      12        established.

      13            THE COURT:  Right.

      14            MR. MERRETT:  So where I would like to

      15       start is briefly with section 48.011 Florida

      16       Statute which defines process.  Actually it's

      17       not identified as a definition.  It's the

      18       second sentence that I'm looking at that says

      19       that all process except subpoenas shall be

      20       directed to all and singular the sheriffs of

      21       the state and this is why we have what often

      22       is the puzzler, the annotation at the top of

      23       at summons or a writ that says to all in

      24       singular the sheriff and deputy sheriffs of

      25       the State of Florida because of this.


       1            Now based on what section 48.011 says,

       2        the document which is not directed to all in

       3        singular to sheriffs of the state is not

       4        process.  Consequently, it necessarily

       5        follows that the injunction, if the court

       6        should find that the injunction was the only

       7        document that was served by Mr. Geiger on

       8        the night of the 30th, the injunction is not

       9        process of court because it is not directed

      10        to the sheriff.

      11            Process of court is, of course, a term

      12        of art.  It is, you know, this is preaching

      13        to the choir.  This is not the legal

      14        process.  It's not due process.

      15            It's a piece of paper, a specific type

      16        and piece of paper which under section

      17        48.011 must be, if it is to be processed,

      18        directed to falling in singular to sheriffs

      19        of the state.

      20            The next place to which I would direct

      21        the court's attention derives more directly

      22        at the issue of legal service of process.

      23        I'm directing the court's attention at this

      24        time to section 48.021 Florida Statute which

      25        when I was reading this it was another one


       1        of the sections that brings home a thought

       2        that just terrifies me as an attorney and

       3        that is the extent to which I practice law

       4        based on folklore.  There are so many things

       5        that we assume, that we think we know why

       6        they are done.

       7            If you recall there was a long period of

       8        time when "The Rule" didn't exist.  The Rule

       9        is just the custom of the invoking the rule

      10        of sequestration of witnesses.  It was

      11        actually relatively late grafted in the

      12        Rules if Civil Procedure.

      13            We all knew what it was.  We all figured

      14        there must be a rule, but there was an

      15        interesting article in the Bar Journal a few

      16        years back and found out that there really

      17        wasn't one for the longest time.

      18            What section 48.021 in sub paragraph one

      19        provides is this.  All process shall be

      20        served by the sheriff of the county which

      21        person to be served is found except initial

      22        nonenforceable civil process may be served

      23        by a special process server appointed by the

      24        sheriff or by certified process server and

      25        that refers you to the statute authorization


       1        the chief judge to appoint certified process

       2        servers.  So, what you have is the full

       3        extent of authority to special process

       4        servers appointed by the sheriff and

       5        certified process servers appointed by the

       6        chief judge of the circuit.

       7            Now, it is important to bear in mind

       8        that persons who are special process servers

       9        or certified process servers are not

      10        authorized to serve any process of court

      11        except -- I'm sorry, are not authorized to

      12        serve any process except initial

      13        nonenforceable civil process.

      14            Now, one of the cases that I looked at

      15        on this quoted Dean Trawick as holding that

      16        that was an absurd locution and there is no

      17        such thing as initial nonenforceable civil

      18        process, but I think he has kind of a

      19        different attitude toward the legislature

      20        than most of us practicing lawyers do.

      21            So there is a -- what process servers

      22        are permitted to serve is initial

      23        nonenforceable civil process and then

      24        pursuant to the rule of civil procedure I

      25        think it's 1.410, they're authorized to


       1        serve subpoenas in civil cases because

       2        anybody's authorized to serve a subpoena.

       3        So that's where we are so far.

       4            Now, I would next ask the court to

       5        direct it's attention to section 48.27

       6        Florida Statutes which is the statute that

       7        essentially ratified what I assume would be

       8        the inherent authority of the court to

       9        appoint process servers because I'm sure the

      10        court is aware that practice was previously

      11        limited to appoint on a case-by-case

      12        officials who were known as deleasors (sic).

      13            THE COURT:  Okay.

      14            MR. MERRETT:  Which were special process

      15       serves appointed in a given case to serve a

      16       given instrument.  If you look at

      17       subparagraph two of section 48.27, what that

      18       provides is that when a person becomes

      19       certified by the chief judge, it authorizes

      20       him or her to serve initial nonenforceable

      21       civil process and it's important to listen

      22       here because this becomes critical, on a

      23       person bound within the circuit where the

      24       process server is certified when a civil

      25       action has been filed against such person in


       1       the circuit court or in a county court in the

       2       state.

       3            THE COURT:  I'm sorry, where did you

       4       read that?

       5            MR. MERRETT:  This is from subparagraph

       6       two.  This is the end of the first sentence.

       7            THE COURT:  Where it says authorized him

       8       or her to?

       9            MR. MERRETT:  Yes, sir.

      10            THE COURT:  Okay.

      11            MR. MERRETT:  To serve initial,

      12       unenforceable civil process on a person found

      13       within the circuit.

      14            Now, the question is for Mr. Geiger and

      15        Scientology is what circuit, right?  What

      16        circuit is the process server authorized to

      17        serve process in the circuit where he is

      18        certified, when?  When a civil action has

      19        been filed against such person in the

      20        circuit court or in the county court.

      21            These are the statutes that we're

      22        working with when we turn to the judicial

      23        gloss regarding the authority of Mr. Geiger

      24        and people in his position.

      25            Factually, if the court will recall


       1        we've heard three different ways that

       2        Mr. Geiger is a certified process server

       3        appointed by the chief judge in the, is it

       4        the Thirteenth Circuit or the Sixth Circuit?

       5            THE COURT:  Thirteenth is Hillsborough.

       6       The Sixth Circuit is this one.

       7            MR. MERRETT:  So he's appointed by the

       8       chief judge in the Thirteenth Circuit in

       9       Hillsborough County.  You remember his little

      10       card that Mr. Hertzberg presented to you.

      11            That raises an interesting question.

      12        And the answer to the question is this.  I

      13        would refer to court first to -- I have no

      14        idea how this name is properly pronounced.

      15        It's spelled A-B-D-A-T-E, Abdate versus

      16        Providence National Bank, 631 So. 2d. 312.

      17        That is a Fifth District case from 1994.

      18            In that case Providence National Bank

      19        initiated the suit by filing in the circuit

      20        court in orange county.  Thereafter the bank

      21        caused a summons and amended complaint to be

      22        served on Mr Abdate in Palm Beach County by

      23        Charles Smith was what?  A certified process

      24        server like Mr. Geiger certified to serve

      25        process in Palm Beach, County.  So the


       1        situation here is that we have an Orange

       2        County case being served in Palm Beach,

       3        county by a process server who is certified

       4        in Palm Beach, County.  Held that -- I'm

       5        turning here to the next to the last page of

       6        the copy of the opinion that you have, the

       7        statutory language, reading from just below

       8        the last time that it says in the footnotes,

       9        the statutory language indicates that a

      10        certified process server may serve civil

      11        process on a person found within the circuit

      12        only when the action has also been filed

      13        against this person in the same circuit.

      14        And service of process on Mr. Adbate was

      15        quashed because the case had not been filed

      16        in Palm Beach, County of in the circuit that

      17        includes Palm Beach, County but in Orange

      18        County which was a different circuit.

      19            The rule as enunciated in the statute

      20        and affirmed by this case is that a process

      21        server who is certified, judicially

      22        certified and only authorized to serve

      23        process within the jurisdiction in which he

      24        is certified when the process originated

      25        from the court within the jurisdiction in


       1        which he is certified and if you look again

       2        at the fourth page of the Adbate opinion

       3        you'll see that it's laid out quite neatly

       4        and it is on all fours with the evidence as

       5        adduced in this case, that is in the second

       6        and third paragraph, lawsuit was filed in

       7        Orange County, the summons and complaint

       8        were served in Palm Beach County by a

       9        process server certified to serve in Palm

      10        Beach County.

      11            The situation that we have, here unless

      12        I'm sadly mistaken is we've got a case that

      13        was filed in Pinellas County which is not

      14        part of the judicial circuit encompassing

      15        Hillsborough County where Mr. Geiger is

      16        appointed and authorized to serve process.

      17        We have a Pinellas County case being served

      18        in Hillsborough County by a Hillsborough

      19        County process server, exactly like the

      20        situation in the Adbate case.

      21            Consequently, what Mr. Geiger was

      22        attempting to go do was not within the ambit

      23        of either the court's intent on the

      24        December 1 order because that wasn't legal

      25        service of process.  They picked the wrong


       1        process server.  They should have used the

       2        sheriff.

       3            They should have decided and I'll come

       4        back to this point again, they should have

       5        made the thought that civilized human beings

       6        let other people eat and waited until

       7        Ms. Brooks went back in Pinellas County and

       8        served her like civilized human beings do,

       9        instead of taking the deliberately abusive

      10        and harassing tactic that they took.

      11            And in that again, I'll come back to,

      12        but I want you to think about that, Judge.

      13        They went far enough out of their way to

      14        attempt to affect invalid service of process

      15        to make sure that interrupted her at dinner.

      16        Keep that in mind.

      17            The next thing to which I would direct

      18        the court's attention is another

      19        pronunciation.  Farrey's Wholesale,

      20        F-A-R-R-E-Y-'-S versus Hobbies Sound

      21        Industrial Park.

      22            THE COURT:  Thank you so much.

      23            MR. MERRETT:  I'm looking at the --

      24            THE COURT:  Just a minute.  Let me catch

      25       up.


       1            MR. MERRETT:  Yes, sir.

       2            THE COURT:  Okay, sir.

       3            MR. MERRETT:  In the Farrey's Wholesale

       4       case, I read here from the second paragraph

       5       of the first page, says Farrey's sued Hobbies

       6       Sound in Dade County Circuit Court and we

       7       turn to the next page of the opinion, one,

       8       two, three, like four paragraphs up from the

       9       bottom, it says here the action was filed in

      10       Dade County Circuit Court.  The process

      11       server was certified in Palm Beach in Dade

      12       County and Mr. Townsen and Hobbie Sound were

      13       served in Palm Beach, County.  Thus the

      14       service was legally defective.  Again,

      15       because why?  Because the process server was

      16       not certified and serving both in the county

      17       in which the action originated.  That's what

      18       the statute says and that's what is laid out

      19       most clearly in the Adbate case.

      20            THE COURT:  Now, the Farrey's case.

      21            MR. MERRETT:  Yes, sir.

      22            THE COURT:  A suit was filed in Dade

      23       County.

      24            MR. MERRETT:  Yes, sir.

      25            THE COURT:  Okay, and then served in


       1       Palm Beach County, again.

       2            MR. MERRETT:  Yes sir.

       3            THE COURT:  With a Palm Beach County

       4       certified process server.

       5            MR. MERRETT:  Yes, sir.

       6            THE COURT:  All right.

       7            MR. MERRETT:  Your Honor, I think the

       8       court reporter might be obliged if I gave her

       9       the cite.

      10            THE COURT:  Oh, yeah, please sir.

      11            MR. MERRETT:  It's 719 So.2d. 374, Third

      12       District 1998.

      13            THE COURT:  Thank you.  Did you give her

      14       the cite on that other case?

      15            MR. MERRETT:  I think I did.

      16            THE COURT:  The Adbate case.

      17            MR. MERRETT:  Yes, I believe I did.

      18            THE COURT:  Okay, good.  Thank you.

      19            MR. MERRETT:  And, Your Honor, I don't

      20       know what it is you do down here, but back in

      21       Jacksonville we sometimes make fun of Fifth

      22       District Court of Appeal, because they kind

      23       of do seem to be the district that's most

      24       inclined to make bold strokes in the

      25       advancement of the law, shall we say.


       1            They often times felt alone, but that's

       2        not the case here.  We just got a case from

       3        the Third District and handing you one ow

       4        from the First District which states as

       5        succinctly as possible the principle in

       6        operation here.  Dickinson versus Dickinson,

       7        706 So. 2d. 114 First District 1998 and the

       8        last paragraph of the single page case says

       9        quite succinctly, as for the second issue

      10        appellant correctly states that under

      11        section 48.272 Florida Statute, for service

      12        by a private process server to be valid, the

      13        server must be certified in the county which

      14        action originated.

      15            Mr. Geiger told you out of his mouth, he

      16        told you in an affidavit, he told you

      17        through Mr. Hertzberg who for some reason

      18        has access to him but doesn't want to

      19        represent him, through his identification

      20        card where he's certified in Hillsborough

      21        County which is not part of the circuit in

      22        which the case indicates originated.

      23            So that gets us is this, Your Honor.

      24        The only way that someone who's hired by

      25        Scientology's lawyers to walk up and stick


       1        this in someone's face during dinner is not

       2        violating your injunction is according to

       3        the terms of the December 1 order if that

       4        person is legally serving process.

       5            Judge, whatever papers you decide were

       6        in his hand it is irrefutable that the

       7        process that he was seeking to effect that

       8        didn't amount to legal service.  He had no

       9        right to serve those papers.  That's what

      10        the law says.

      11            Now, the issue is not whether or not the

      12        court has jurisdiction over Ms. Brooks.  If

      13        the question were did that convert

      14        jurisdiction over Ms. Brooks, then this

      15        would have been raised on a motion to quash.

      16        That would be the issue to deal with.

      17            The issue is simply whether he was

      18        engaged in legal, lawful service of process

      19        sufficient to take him outside of the ten

      20        foot rule and the harassment rule that the

      21        court imposed in the injunction on

      22        November 30.

      23            Point number one, that was no exception

      24        for people who Scientology hired to fly

      25        their false flag over service of process on


       1        no the face of your November 30 order.  That

       2        didn't happen until December 1.

       3            More to the point, Judge, I'll tell you

       4        for the last time that the law has been

       5        commended for your study that clearly

       6        Mr. Geiger could not legally serve process

       7        in this case in Hillsborough County, period.

       8        That's what the cases say and what the

       9        statute says.

      10            So, we're past that exception and that's

      11        really the question that has been raised by

      12        the argument of counsel and the question

      13        that cries out just from the case of the

      14        pleading and from the evidence here is is

      15        there an exception.

      16            Ms. Brooks testified without reputation

      17        that Mr. Geiger came and put his hand in

      18        front of her.  You saw him, Judge.  His arms

      19        are less than ten feet long.

      20            We know that he violated that and we

      21        also know from the evidence adduced from the

      22        statements that Ms. Brooks recounted that he

      23        had been specifically instructed by about

      24        Scientology to go there during dinner and

      25        serve them.


       1            Now, a couple points that I want make in

       2        that respect.  The one that just jumps out

       3        at you and I have to wonder if you're going

       4        to get a newspaper article of the benevolent

       5        effects of surveillance on the ground since

       6        you got one about nobody should be worrying

       7        about Scientology having cameras all over

       8        the planet, but maybe you'll get one that

       9        will justify this.

      10            How did Judy Ross know they where they

      11        were eating dinner?  How did he know --

      12            MR. POPE:  Your Honor, objection.  Your

      13       Honor, objection.  He's arguing matters that

      14       are not in evidence.

      15            THE COURT:  Overruled.

      16            MR. MERRETT:  Since the statements that

      17       Mr. Geiger made to Ms. Brooks were that that

      18       Judy Ross had told him where to go since his

      19       affidavit said he went there to find them.

      20       Judy Ross was the person who related the

      21       information to him, etcetera, etcetera

      22       etcetera.

      23            That's the question.  How does this

      24        outfit over here find out where people are

      25        eating dinner without violating the


       1        prohibition against harassment?  How do they

       2        do that, Judge?  I don't think it's doable.

       3        I think it tells you that indisputably

       4        Scientology was engaged in surveillance of

       5        these people.

       6            MR. POPE:  Your Honor, objection.  He's

       7       arguing matters -- there's not the first bit

       8       of evidence that he has presented about

       9       surveillance or harassment except for a

      10       process server coming in and handing

      11       Ms. Brooks papers at dinner.  That's what the

      12       evidence shows.

      13            For him to be arguing harassment and

      14        surveillance on this record is highly

      15        improper, Your Honor.

      16            THE COURT:  Mr. Merrett?

      17            MR. MERRETT:  Your Honor, the statements

      18       made by Mr. Geiger were clearly to the effect

      19       that there were OSA handlers, employees of

      20       the Church of Scientology in the restaurant

      21       with these people, that he had received

      22       specific instructions to interrupt their

      23       dinner from Scientology.

      24            THE COURT:  Proceed with your argument.

      25            MR. MERRETT:  Thank you.  There is no


       1       other way for him to turn up there.  I mean

       2       we have not heard testimony that he, himself,

       3       is a Scientologist with OT powers so we know

       4       that he didn't just figure this out by going

       5       exterior.  We know he got this information

       6       from somebody in the real, three dimensional,

       7       solid world who conveyed it to him and we

       8       know that that person has to have been acting

       9       at the direction of Scientology.

      10            We also know from the statement of

      11        Mr. Geiger that Scientology had OSA people

      12        and it's interesting to know that

      13        Mr. Hertzberg use the term of art which

      14        Ms. Brooks did not.  She referred them as

      15        people.  He referred to them as operatives.

      16        Operative is probably a better word given

      17        what they do.  Those people were in the

      18        restaurant.

      19            Even if Mr. Geiger wasn't telling the

      20        truth or didn't say that, you're left with

      21        the inescapable question, how did they know?

      22        And the fact is that the only way to find

      23        out is through harassment.

      24            Now, I will if, the court deems it

      25        appropriate, what I'd to do since


       1        Mr. Hertzberg brought to your attention the

       2        return of service executed by Mr. Geiger or

       3        read to you the name of what he referred to

       4        as an attorney, I want to give Scientology

       5        an opportunity to number one, show the court

       6        where that attorney is of record in this

       7        action and number two, maybe they can give

       8        you his bar number if he's an attorney.

       9            He's not an attorney, not in the State

      10        of Florida.  He's not a member of the

      11        Florida Bar and he has not in connection

      12        with this case.

      13            MR. POPE:  Your Honor, he's arguing --

      14            MR. MERRETT:  He isn't --

      15            MR. POPE:  Objection.  He's arguing

      16       stuff that is not in the record.

      17            THE COURT:  Okay, now, there other than

      18       what you say in the record, he did present --

      19       now, just wait a minute.  Let me get

      20       something.

      21             (Whereupon, a pause in the proceedings took

      22        place.)

      23            Mr. Merrett?

      24            MR. MERRETT:  Yes, sir.

      25            THE COURT:  Where is the reference to


       1       that attorney?

       2            MR. MERRETT:  It's the first line of

       3       the --

       4            THE COURT:  I see it.  You're talking

       5       about this document that Mr. Hertzberg called

       6       my attention called return of service

       7       affidavit Stacy Brooks and then up here when

       8       he showed me summons and complaint and

       9       Injunction Number Two and then right below if

      10       you drop down under the first line that goes

      11       across the page under the style it says

      12       pursuant to the request of Kendrick L. Moxon,

      13       M-O-X-O-N, Esquire, 1100 Cleveland Street,

      14       Clearwater, Florida.  Now that's the attorney

      15       you're making reference to?

      16            MR. MERRETT:  Yes, sir and I would

      17       suggest to you that I would be appalled, but

      18       maybe not surprised, if opposing counsel

      19       wants to represent to you that Mr. Moxon is a

      20       lawyer in the State of Florida or is

      21       affiliated with this case, but if that's

      22       their next step --

      23            THE COURT:  Let's wait and see --

      24            MR. POPE:  Your Honor --

      25            THE COURT:  You've raised the point at


       1       this time and I'll give Mr. Pope a chance or

       2       Mr. Hertzberg when they argue to comment.

       3            MR. MERRETT:  The point would be that

       4       that's a matter for judicial notice who is

       5       and isn't a member of Florida Bar.  I'm sure

       6       you've got directory in your office.  It's

       7       not subject to reputation or dispute.

       8            The question is why is he involved?  Why

       9        is he the one who is directing -- he's the

      10        named contact for the instructions to Ferman

      11        Geiger to pursue these people to the supper

      12        table and wave papers in their faces.

      13            He ain't a lawyer.  Wherever he's a

      14        lawyer, he ain't a lawyer in this case.  He

      15        has no connection to this action other than

      16        having been present at some of the events

      17        the court has heard evidence about, he has

      18        no connection to it.

      19            What does that tell you, Judge?

      20        Customarily when lawyers are serving

      21        process, it's something that lawyers,

      22        members of the Bar do.

      23            We say, you know what?  It's time to

      24        serve Bob Minton and we prepare the papers,

      25        we pick a process served or have an


       1        assistant pick a process server and we sent

       2        it out.  We ordinarily don't refer it to

       3        someone that's not associated with the case

       4        and not an attorney in the State of Florida.

       5            That tells you something about the lack

       6        of good faith in the activities that took

       7        place on the night of November 30.

       8            Now, the argument so far as been based

       9        on this.  Number one, it is absolutely

      10        impossible that what Mr. Geiger was up to

      11        was effecting legal service of process

      12        because of the rules that are laid out in

      13        the statutes and case law that I gave you

      14        requiring that the person be certified in

      15        the county in which the action originated.

      16            Second, that they necessarily,

      17        regardless of what you choose to believe

      18        about the details, necessarily Scientology

      19        has to have been engaged in harassing

      20        behavior in order to know where the woman

      21        was eating.

      22            I mean, that's not something that people

      23        just intuitively know.  We don't know what

      24        that was, but there is no other way for them

      25        to know that other than by following them,


       1        or otherwise engaging in surveillance.

       2        That's where we gotten so far.

       3            The notion that this was part of a

       4        campaign of harassment is bourne out to an

       5        extraordinary degree by the fact that with

       6        was all directed by a non-lawyer who os not

       7        associated with this case.  Not by any of

       8        these lawyers.  None of these guys did it.

       9        It was farmed out to somebody with special

      10        skills.

      11            The last point that I want to bring the

      12        court to is this.  If you disregard all of

      13        that, if you disregard the law that says

      14        Ferman Geiger cannot lawfully service

      15        process which originates in Pinellas County,

      16        if you disregard the fact that somebody had

      17        to be doing something spooky to figure out

      18        where these people were eating, if you

      19        disregard the fact that they associated an

      20        outside person to oversee this operation

      21        you're left with this point, Judge.  What

      22        these people are telling you is that you

      23        know what?  As long as we're serving

      24        process, we can have Mr. Geiger serve it on

      25        Ms. Brooks when she's in gynecologists


       1        office on the table.  As long as we're

       2        serving process we can send a process server

       3        into church on Wednesday night to serve

       4        process and that's not going to violate the

       5        injunction.  We can send a process server

       6        into the intensive care unit where someone

       7        is standing next to his dying mother's bed

       8        and serve process and that's not harassment.

       9        That's what they're trying to tell you,

      10        Judge.

      11            The fact of the matter is, the conduct

      12        in question, prima facie, violates the

      13        injunction as it was entered on November 30

      14        and the exception which has been suggested

      15        to you which is the purported right to serve

      16        process has not been proven because of the

      17        lack of legal authority for the actions

      18        undertaken and the limitation in your order

      19        of December 1 to legal action in pursuit of

      20        service of process.

      21            That means that exemption doesn't apply

      22        to Mr. Geiger and it doesn't apply to them

      23        and lastly the exemption cannot no apply

      24        unless the court is inviting perpetual

      25        subterfuge the exception cannot apply to


       1        behavior which while otherwise lawful is

       2        specifically conducted in a way to make it

       3        harassing.

       4            Now, I want to make it real clear.  If

       5        he's telling the truth, if they're right,

       6        it's going to --

       7            THE COURT:  I'm sorry, who is he?

       8            MR. MERRETT:  He, Scientology, L. Ron

       9       Hubbard, them.

      10            THE COURT:  Okay.

      11            MR. MERRETT:  If they are right it's

      12       going to be a hot time at the Ft. Harrison

      13       because you know what, Judge, all

      14       Scientologists are subject to your injunction

      15       and I just believe I may get me a few process

      16       servers to go in and serve everybody who's

      17       eating dinner in the Ft. Harrison since

      18       serving people while they're eating dinner is

      19       okay according to Mr. Hertzberg since this is

      20       not harassing behavior according to

      21       Mr. Hertzberg.

      22            The fact is, Judge, I didn't do that.

      23        I'm not going to do that.  You know why?

      24        Number one, it's not decent.  It's not

      25        civilized.


       1            Number two, it violates your injunction

       2        because it's harassing people.

       3            Judge, you've been on the bench a while.

       4        It's my understanding you practiced law

       5        before that, which is something I really

       6        admire in a judge.  There's awfully little

       7        of it.

       8            You know what's going on.  This is no

       9        mystery.  This is just another episode of

      10        perversion of the process by Scientology.

      11            Now, I can quote you any time you want

      12        to, I can quote a dozen appellate opinion

      13        explaining that this is Scientology's deal.

      14        This is what they do.

      15            If there is a way to harass people, they

      16        will use it.  That's judicially established

      17        fact over and over and over and over again.

      18            You know what's going on, Judge.  It's

      19        clear that this was undertaken deliberately

      20        to harass Ms. Brooks and their attempted

      21        cloak of service of process vanishes when

      22        you read the law.

      23            It's clear that while Mr. Geiger is not

      24        before you at present, the Church and anyone

      25        acting in collusion with the Church in


       1        setting this up is guilty.  Thank you.

       2            THE COURT:  All right.  Thank you, sir.

       3       Rebuttal?

       4            MR. POPE:  May it Please the Court.

       5            THE COURT:  Yes, sir.

       6            MR. POPE:  Your Honor, an injunction

       7       that's contained within it a prohibition

       8       against the service of process would be a

       9       nullity.  I mean that is on its face patently

      10       ridiculous that an injunction would prevent

      11       the service of process.

      12            What your order of December 1 did was

      13        simply state what the law has always been

      14        and that is that process servers are agents

      15        of the court.

      16            Now, if they these cases that

      17        Mr. Merrett has cited to you are correct,

      18        the remedy for that is to file a motion to

      19        quash the process.

      20            In this case they did no such thing.

      21        They have waived that.  If that is a defect,

      22        they have waived it.

      23            What they're trying to go now is

      24        bootstrap a contempt charge based upon the

      25        claim that the process server of


       1        Hillsborough County, certified though he may

       2        be, can't serve a Pinellas County summons

       3        and complaint.  Bear in mind, however, Your

       4        Honor, that there were three items served on

       5        Ms. Brooks.  There was the temporary

       6        injunction served and why was that served?

       7        Because your order says that if you have

       8        knowledge of the injunction and you're

       9        acting in concert or participation, you're

      10        bound by it.  Anybody can served one of

      11        those orders.  You don't have to be a

      12        process server.  Anybody can hand somebody a

      13        paper and give them notice.

      14            Now, let's go back, Your Honor, and

      15        recreate the situation beginning on

      16        November 29, the day before you entered your

      17        order of injunction.

      18            You signed an order that says the clerk

      19        shall upon plaintiff's request issue

      20        additional summonses with respect of each of

      21        the foregoing defendants and plaintiff shall

      22        serve upon each of said defendants, a

      23        summons, a copy of the verified, amended and

      24        supplemental complaint and a copy of this

      25        order.


       1            We had every right under that order to

       2        do that.  That was the 29th.  No injunction

       3        had been issued as of that time.  You

       4        brought us down especially to your chambers

       5        here on the afternoon of the 30th at about

       6        three, two or three o'clock, and you said

       7        I'm doing that now because I understand the

       8        urgency the big weekend of picketing is

       9        coming up.  That was the time pressure.

      10        That was what created time -- made time of

      11        the essence with respect to this matter.

      12            At the conclusion and you announced your

      13        injunction in an effort to preserve peace

      14        and order.

      15            I had, pursuant to your order joining

      16        Stacy Brooks, Jeff Jacobson, Patricia

      17        Greenway, Peter Alexander and Tory Bezazian,

      18        I was under an instruction here to serve

      19        them.  And I wanted them served right away

      20        because of the urgency of the matter.

      21            I wanted them served, not only with the

      22        complaint, but also with a copy of the

      23        injunction, so there would be no doubt that

      24        they knew about it.  It was an effort to

      25        make sure they had fair notice.


       1            That's what service of process is all

       2        about.  I will represent to the court that I

       3        asked the client to do everything in its

       4        power to effect service of process as soon

       5        as possible.

       6            Now, the record shows that the client

       7        contacted a certified process company called

       8        Geitzon and company in Tampa and they

       9        selected Mr. Geiger to serve the process.

      10            Mr. Geiger goes in and his own return

      11        indicates that the way he located Ms. Brooks

      12        was through the manager.  He had a picture

      13        of her and he located her through the

      14        manager.  He states that on his return and

      15        he goes and serves her.

      16            Now, Your Honor, let's go back to

      17        basics.  The case of Schrimshaw versus State

      18        focuses on a contempt, a criminal contempt

      19        issue and here's the standard.

      20            In you present case, quoted from

      21        Schrimshaw.

      22            THE COURT:  Did you give the cite on

      23       that?

      24            MR. POPE:  The cite is 592 So. 2d. 753.

      25            THE COURT:  Where's it from?


       1            MR. POPE:  It is from the Fourth

       2       District Court of Appeals, I believe.  I'm

       3       sorry, it's the Third District Court of

       4       Appeal, but the point of the case -- there's

       5       lots of cases out there that lay out what the

       6       standard is a contempt matter.

       7            THE COURT:  What's that, about 1987?

       8            MR. POPE:  That would have been 1992.

       9            THE COURT:  '92, okay.  Thank you.

      10            MR. POPE:  The record is devoid of any

      11       evidence indicating that the Detective

      12       Schrimshaw's conduct was intended or

      13       reasonably calculated to degrade, embarrass

      14       or hinder the judicial function.

      15            Your Honor, what Mr. Geiger was trying

      16        to do was assist the judicial function by

      17        serving the papers on a party who had been

      18        joined as a brand new defendant and who was

      19        planning to engage in activities that very

      20        next day touching upon the injunction.

      21        That's we have here.

      22            Now, as to the Church of Scientology and

      23        Judy Ross, the only evidence in the record

      24        is that they asked a private process company

      25        in Tampa, Florida to serve process.  That's


       1        the only evidence in the record.  You don't

       2        convict a person on a beyond a reasonable

       3        doubt standard on things like how did they

       4        know, the how did they know argument that

       5        Mr. Merrett made.  Or they had to be engaged

       6        is harassing conduct.

       7            It is incumbent upon him to prove beyond

       8        a reasonable doubt that they were engaged in

       9        harassing conduct.  The evidence just

      10        doesn't support it.  Thank you, Your Honor.

      11             (Whereupon, a pause in the proceedings took

      12        place.)

      13            THE COURT:  Okay.  I've got this under

      14       advisement.  We've been going about an hour.

      15       Let's take a break.  We'll take ten minutes.

      16             (A short recess took place after which the

      17        proceedings continued.)

      18            THE COURT:  Let's do this.  At this time

      19       we'll move over into the show causes on the

      20       other side and I want to do a couple things.

      21       Is Tory Bezazian present today?

      22            MR. MERRETT:  She is, Your Honor.  I

      23       think she's in the ladies room.  She's been

      24       here all morning.

      25            THE COURT:  Okay.  Keith Henson.


       1            MR. MERRETT:  He is not present, Your

       2       Honor.  Your Honor, Ms. Bezazian is now

       3       physically present before the court.

       4            THE COURT:  Okay.  Very good.  Frank

       5       Oliver.

       6            MR. OLIVER:  Right here, Your Honor.

       7            THE COURT:  Okay.  I see you.  Thank

       8       you.  Okay, Heather Bennett?

       9            MS. BENNETT:  Here, Your Honor.

      10            THE COURT:  Thank you.  Rod Keller.

      11            MR. KELLER:  Here, Your Honor.

      12            THE COURT:  Thank you.  John Merrett.

      13            MR. MERRETT:  Present, Your Honor.

      14            THE COURT:  Thank you, sir.  Jesse

      15       Prince.  Where is he?  He was here.

      16            MR. MERRETT:  I think he's in the men's

      17       room.

      18            THE COURT:  I'll come back to that in

      19       just a second.  Grady Ward.

      20            MR. WARD:  Here, Your Honor.

      21            THE COURT:  Thank you.  The Lisa

      22       McPherson Trust, Inc.

      23            MS. BROOKS:  Here, Your Honor.

      24            THE COURT:  Yes, thank you.  Robert

      25       Minton.


       1            MR. MINTON:  Here, Your Honor.

       2            THE COURT:  Thank you.  All right.  Do

       3       this.  Mr. Bailiff, would you sound the halls

       4       for a Frank Oliver?

       5            MR. OLIVER:  I'm right here, Your Honor.

       6            THE COURT:  I'm sorry, Keith Henson.

       7       I'm sorry, Mr. Oliver, thank you.  Keith

       8       Henson.

       9            MR. MERRETT:  Your Honor, I can save the

      10       bailiff --

      11            THE COURT:  Let him -- just a minute.

      12       My record.  Hold on.

      13            MR. MERRETT:  Yes, sir.

      14            THE BAILIFF:  Your Honor, the halls were

      15       sounded for Keith Henson.  No response to the

      16       call of the court, Your Honor.

      17            THE COURT:  Okay.  Let the record

      18       reflect that it is now 1136 hours on this,

      19       the 10th day of February, the year 2001 which

      20       is a Saturday morning and that Keith Henson

      21       did not answer the call of the court.  The

      22       bailiff sounded the halls in the courthouse.

      23            Now, hold on, Mr. Merrett.  Just a

      24        second.  We'll get to that.  Jesse Prince,

      25        are you present?


       1            MR. PRINCE:  Yes, sir.

       2            THE COURT:  Okay.  Thank you.  All

       3       right.  Now, Mr. Merrett, you were going to

       4       say?

       5            MR. MERRETT:  Your Honor, Mr. Henson is

       6       not present and will not be present for the

       7       reasons previously stated in the motion which

       8       was denied and the affidavit previously filed

       9       with the court regarding his inability to

      10       obtain transportation transcontinentally to

      11       attend the proceeding.

      12            I believe we had moved, but the court

      13        had not ruled on a -- moved to require the

      14        Church of Scientology to advance the costs

      15        of transportation since in the event an

      16        acquittal would be taxable against

      17        Scientology in any event.

      18            THE COURT:  Was there a formal written

      19       motion on that?

      20            MR. POPE:  Your Honor --

      21            MR. MERRETT:  No, Your Honor.  If I

      22       recall correctly it was a -- it may have been

      23       included in one, but I distinctly recall

      24       making it as an oral motion at the conclusion

      25       of the hearing in which --


       1            THE COURT:  To excuse him because he

       2       couldn't afford to come?

       3            MR. MERRETT:  Yes, sir, and as I said, I

       4       don't recall whether it was included in the

       5       motion, the written motion, but I know that I

       6       did raise it orally at the conclusion of that

       7       hearing.

       8            MR. POPE:  Your Honor, may I refresh the

       9       court's recollection?

      10            THE COURT:  Yeah, please.

      11            MR. POPE:  Your order of February 1.

      12            THE COURT:  Yes, sir.

      13            MR. POPE:  Mr, Henson made a motion to

      14       excuse personal appearance which you denied

      15       without prejudice to Mr. Henson's right to

      16       timely arrange for a video conference hearing

      17       in which he shall appear and testify subject

      18       to cross-examination with regard to his

      19       desire to excuse himself from further

      20       personal appearance in this matter.  And you

      21       arranged -- you allowed that.

      22            A video conference hearing shall be

      23        limited to the issue of whether Mr. Henson

      24        wishes to his excuse himself from further

      25        personal participation in this matter, he


       1        was given the opportunity to do that in the

       2        intervening days.  He didn't do it.

       3            THE COURT:  Is that an order I signed?

       4            MR. POPE:  That is an order you signed

       5       on February 1.  You remember we had a --

       6            THE COURT:  Oh, yeah, I remember all of

       7       that.  I just, in that order -- okay.  Let me

       8       just look at it a minute.  Hand me a copy.

       9            MR. MERRETT:  That's what it says,

      10       Judge.

      11            THE COURT:  Okay.  Let me just look.  I

      12       don't doubt either one of you.  I'm just

      13       looking for something for myself.  Hold on.

      14             (Whereupon, a pause in the proceedings took

      15        place.)

      16            MR. HERTZBERG:  Paragraph eight, the

      17       last page.

      18            THE COURT:  Okay.  Thank you, sir.

      19             (Whereupon, a pause in the proceedings took

      20        place.)

      21            All right.  Mr. Merrett.

      22            MR. MERRETT:  Yes, sir.

      23            THE COURT:  Did you or were you

      24       representing Keith Henson?

      25            MR. MERRETT:  Yes, I was.


       1            THE COURT:  Did you forward a copy of

       2       this to him?

       3            MR. MERRETT:  Yes, sir.

       4            THE COURT:  Okay.

       5            MR. MERRETT:  However, for the same

       6       reasons relating to his impecunious status

       7       he's not able to set up a video conference.

       8       I mean, that's, you not, if he had the money

       9       it wouldn't be an issue.

      10            MR. POPE:  Your Honor, I would point out

      11       that he didn't have any trouble coming here

      12       to picket --

      13            THE COURT:  So noted.  So noted.  That

      14       argument was made earlier and that's --

      15            MR. HERTZBERG:  Your Honor.

      16            THE COURT:  Just a minute.

      17             (Whereupon, a pause in the proceedings took

      18        place.)

      19            THE COURT:  All right.  Well, just for

      20       the record, based upon the bailiff sounding

      21       the halls and Keith Henson not being present

      22       nor do I find at this time do I have any

      23       evidence or anything in front of me to

      24       explain away his failure to comply with

      25       paragraph eight of the court's order of the


       1       first day of February in the year 2001 and

       2       based upon the Sandstrom v. State case, which

       3       is found at 390 So. 2d. 448, it's a Fourth

       4       DCA case from the year 1980, that clearly and

       5       unequivocally says that a defendant's failure

       6       to appear in court on the day and time

       7       ordered can be a basis for direct criminal

       8       contempt.

       9            At this time I will put on the record

      10        later, but I'm treating this as a direct

      11        criminal contempt and we'll deal with it

      12        accordingly and I'll probably issue a

      13        capias.

      14            All right.  Now, let me go -- I want

      15        Mr. Merrett and then I will come to you,

      16        Mr. Howie, but I want to double check.  To

      17        my knowledge Ms. Bezazian did enter a plea

      18        in this matter and entered a not guilty

      19        plea.

      20            If I'm wrong in any of these,

      21        Mr. Merrett, correct me, but I believe

      22        Ms. Bezazian, Mr. Oliver, Ms. Bennett,

      23        Mr. Keller, yourself, Mr. Prince, Grady

      24        Ward, and the Trust all entered not guilty

      25        pleas and were arraigned, am I not correct?


       1            MR. MERRETT:  I know that they were all

       2       arraigned.  I'm not sure who entered pleas

       3       and who stood mute.

       4            THE COURT:  You want me to call them all

       5       up or are you going to enter a not guilty for

       6       all of them with the exception of Henson?

       7            MR. MERRETT:  What I would ask, Your

       8       Honor, is that the respondents stand mute and

       9       that the court deem pleas of not guilty

      10       entered on their behalf which is the

      11       provision under criminal rules.

      12            THE COURT:  Yeah, I'll treat it that

      13       way.  You have any objections, Mr. Pope?

      14            MR. POPE:  No, Your Honor.

      15            THE COURT:  We'll go that way.  Now,

      16       Mr. Howie, as to Mr. Minton.

      17            MR. HOWIE:  Your Honor, Mr. Minton was

      18       already arraigned and a plea of not guilty

      19       was entered at that time.

      20            THE COURT:  Okay.  All right.  Then

      21       we're ready to proceed.  And, Mr. Pope, I'll

      22       come over to you and, sir, how would you like

      23       to proceed?

      24            MR. POPE:  I'd kind of like to do it in

      25       a way that would make it easy on the nonparty


       1       witnesses.

       2            THE COURT:  Okay.  Let's do that.  I'm

       3       willing to do that.  Just let's --

       4            MR. POPE:  I'd like to start with --

       5       we've got an amended and consolidated order

       6       to show cause that deals with Bezazian and

       7       Henson you've already resolved, and a group

       8       of people including Mr. Merrett and

       9       Mr. Minton.

      10            I'd like to with Bezazian because there

      11        are three police officer who have testimony

      12        to offer on that issue and I'd like to just

      13        call them and get them and have them

      14        testify.

      15            THE COURT:  All right.

      16            MR. POPE:  One of the police officers

      17       has testimony with respect to both of the two

      18       orders to show cause and just to save

      19       everybody time, when I have him on the stand

      20       I'd like to cover both areas.

      21            THE COURT:  All right.  You know where

      22       we're going --

      23            MR. POPE:  I'll do that.

      24            THE COURT:  The main thing is I want

      25       this record clear so that it can be followed


       1       on each and intervested.

       2            MR. POPE:  All right.

       3            THE COURT:  All right, now, Mr. Merrett.

       4            MR. MERRETT:  Yes, Your Honor.  We have

       5       served yesterday and are filing today as soon

       6       as I can dig it out, a motion to dismiss or

       7       compel ori tenus, a statement of particulars

       8       which complies with the court's order.

       9            If you recall, we filed a motion for a

      10        statement of particulars asking among other

      11        things a specific portion in the injunction

      12        which were alleged to be violated that they

      13        be enumerated and that the conduct in

      14        question which violated them be enumerated.

      15        The response of Scientology was simply to

      16        refer to paragraph of the injunction.

      17            For example, when it says, you know,

      18        what portion of the injunction if violated

      19        by the conduct described in paragraph three

      20        the response was paragraph one, two and

      21        three of the injection was all the

      22        prohibited paragraphs in the injunction and

      23        essentially this response to the court's

      24        order for a statement of particulars that

      25        was responsive to the request was entirely


       1        nonresponsive and was deliberately evasive

       2        and left -- it made no change or narrowing

       3        or increased specificity in the order to

       4        show cause, so we move, Your Honor, to

       5        dismiss for lack of specificity in the order

       6        to show cause or to dismiss it and sanction

       7        for failure to comply with the court's order

       8        or alternatively to compel him to announce

       9        now specifically what portions of the

      10        injunction are said to have been violated by

      11        each of the acts described in the order to

      12        show cause.

      13            THE COURT:  Mr. Howie.

      14            MR. HOWIE:  May it Please the Court, I

      15       received Mr. Merrett's written motion fairly

      16       late.  I think it was just yesterday and I

      17       did not have an opportunity to respond or

      18       join in.  At this time I would join in with

      19       his motion concerning the motion to compel

      20       statement of particulars.

      21            THE COURT:  Okay.  Mr. Pope.

      22            MR. POPE:  I haven't even seen this

      23       motion yet, so it's a surprise to me.  Your

      24       Honor, we did not specify in the order to

      25       show cause even a paragraph and when we did


       1       this and the statement of particulars, I

       2       filed what I thought was a good faith

       3       response and pointed to each paragraph that

       4       we contended was violated.

       5            I mean the language is in the paragraph

       6        and some cases it's paragraph one and two

       7        and in some cases it's paragraph one, two

       8        and another one.

       9            You know, I'm pointing their nose right

      10        at the paragraph that's involved in this

      11        thing and I haven't even see this motion now

      12        that he's purporting to call up for hearing.

      13        I mean the notice is a little short.

      14            MR. MERRETT:  Judge, I'm wondering if

      15       Mr. Pope would read to us for example,

      16       paragraph one, and maybe explain to the court

      17       how that specifies what violation is alleged

      18       to have been caused by any of the behavior

      19       since there are three specific prohibitions

      20       in paragraph one.

      21            That's my point.  He didn't tell us

      22        anything.

      23            THE COURT:  Mr. Pope, you want to

      24       respond to this?

      25            MR. POPE:  Your Honor, the order to show


       1       cause sets forth the facts that we contend

       2       constitute a violation.

       3            THE COURT:  And you are standing on all

       4       of them, paragraphs one, two, three, four,

       5       five, six, etcetera.

       6            MR. POPE:  Absolutely.

       7            THE COURT:  Let's proceed.

       8            MR. POPE:  All right.

       9            MR. MERRETT:  Judge, if I may, I need to

      10       make this clear for the court if not for the

      11       record, what Mr. Pope is apparently

      12       representing to you is that Ms. Bezazian

      13       sitting in the Santa Claus chair was putting

      14       her within ten feet of a member of the

      15       Church, blocked a path of a member or motor

      16       vehicle of a member of the Church and

      17       physically inhibited a church member from

      18       enter or leaving property owned and operated

      19       by the Church.

      20            That's what he's telling us and that is

      21        insufficient and obvious that he knew that.

      22        That's what he's saying in each of these

      23        allegation that every act that he

      24        alleges -- he's alleging for example that

      25        climbing up the ladder and looking at the


       1        camera, did it put us within ten feet, did

       2        it block a path of a member of Scientology,

       3        did it physically inhibit them, did it

       4        harass a member of the Church.  That's what

       5        he's saying and that patent nonsense.  That

       6        is not a statement of particulars in

       7        compliance with the court's order.

       8            Essentially, the statement of

       9        particulars says read the injunction,

      10        however, the injunction is multifarious

      11        paragraph by paragraph in its prohibition

      12        and consequently that does not apprise the

      13        defendant of the conduct which is charged.

      14            MR. POPE:  We allege facts instead of

      15       legal conclusions.  The facts either fit

      16       within the terms of the injunction or they

      17       don't.  If sitting in the Santa Claus chair

      18       is not a violation of the injunction, he's

      19       certainly free to argue that and compare it

      20       to the injunction.

      21            I cited him to each paragraph.  His

      22        motion says what provision of Temporary

      23        Injunction Two said that it had been

      24        violated.  I said in paragraph one, two and

      25        eleven.  That tells those are the


       1        provisions.  I didn't do it on a

       2        word-by-word basis.  You broke it out into

       3        paragraphs and I responded thusly.

       4            MR. MERRETT:  Again, Your Honor, if

       5       Mr. Pope is proceeding in good faith, he can

       6       stand back up and he can tell you without a

       7       moments hesitation exactly what prohibition

       8       was violated by Ms. Bezazian committing

       9       grievous acts by sitting in Scientology's

      10       Santa chair.  I mean it's not a complex

      11       procedure.  He drafted the charge.

      12             (Whereupon, a pause in the proceedings took

      13        place.)

      14            THE COURT:  All right.  After looking at

      15       the order to show cause injunction and the

      16       statement of particulars, there is enough to

      17       go on there.  We'll see where it goes.  Let's

      18       proceed.

      19            MR. POPE:  Call the first witness, Your

      20       Honor?

      21            THE COURT:  You may, sir.

      22            MR. POPE:  Officer Butterfield.  Your

      23       Honor, this relates to the amended and

      24       consolidated order to show cause specifically

      25       relating to Tory Bezazian.


       1   Thereupon:

       2                     JAMES BUTTERFIELD

       3   was called as a witness and having been duly sworn, was

       4   examined and testified as follows:

       5                     DIRECT EXAMINATION

       6   BY MR. POPE:

       7        Q    Would you tell us your full name, Officer

       8   Butterfield?

       9        A    James Robert Butterfield.

      10        Q    And your occupations?

      11        A    Police officer for the City of Clearwater.

      12        Q    How long have you had that position?

      13        A    About a year-and-a-half, sir.

      14        Q    All right.  I want to bring your

      15   attention -- before I bring your attention to that,

      16   are you familiar with what is known as Injunction

      17   Number Two in this proceeding?

      18        A    Yes, I am.

      19        Q    How is that you're familiar with that?

      20        A    I have briefly reviewed the document itself.

      21        Q    Was a copy provided to you by the police

      22   department?

      23        A    No, a copy was provided to me by the Church

      24   of Scientology on the days that I worked there.

      25        Q    Okay.  And on, specifically on December 1,


       1   2000, did you have an opportunity to have discussions

       2   about this injunction and its terms with Ms. Bezazian?

       3        A    Yes.

       4        Q    Would you tell us how often you spoke to her

       5   about it on that day?

       6        A    Approximately five times.

       7        Q    All right.  Would you just walk us through

       8   if you can remember what the nature of your discussion

       9   and her response was as to each of those episodes?

      10        A    When I showed up for work that day --

      11            MR. MERRETT:  Judge, I'd ask at this

      12       point for permission to examine the document

      13       to which the witness refers to while

      14       testifying.

      15            THE COURT:  Come forward.

      16             (Whereupon, documents were reviewed.)

      17             (Discussion was had off the record.)

      18            MR. MERRETT:  I would just, Your Honor,

      19       that in accordance with accepted practice and

      20       the evidence code, the witness be instructed

      21       to refrain from reviewing the document unless

      22       predicate is laid regarding lack of

      23       recollection or there is an attempt to move

      24       it into evidence.  Witnesses are to testify

      25       from their own recollection.


       1            THE COURT:  All right.  Mr. Pope.

       2            MR. POPE:  Your Honor, may I return this

       3       to the witness?

       4            THE COURT:  You may, please, sir.

       5            MR. MERRETT:  Judge, I ask that it be

       6       placed on the clerk's table unless and until

       7       there is some legitimate reason for the

       8       witness to be --

       9            THE COURT:  Mr. Pope, lay a predicate.

      10            MR. POPE:  Your Honor, I wasn't going to

      11       ask him any question about it.  He brought

      12       it.  I didn't ask him --

      13            THE COURT:  All right.

      14            MR. POPE:  Put it face down and we'll go

      15       from there.

      16            THE COURT:  Thank you.

      17   BY MR. POPE:

      18        Q    Now, we were on the subject of your five

      19   different encounters with Ms. Bezazian, would you

      20   start and tell us about the first one?

      21        A    If I can give you a little history before

      22   that?

      23            MR. MERRETT:  Objection.  Nonresponsive.

      24   BY MR. POPE:

      25        Q    Please give us some history then in leading


       1   up to the question just asked you.

       2            MR. MERRETT:  Objection.  Calls for a

       3       narrative, relevance.

       4            THE COURT:  You may proceed.  Thank you

       5       very much.

       6            THE WITNESS:  I showed up for work at

       7       the Church of Scientology for detail that day

       8       about one minute before the start of my

       9       shift.

      10            I was given that document.  I quickly

      11        reviewed the document with some of the other

      12        members of the Church of Scientology who

      13        showed me what the high points were and

      14        which maps we would refer to the given area

      15        that I was working at.

      16            At that exact moment in time, so I'm

      17        told., at the --

      18            MR. MERRETT:  Objection.  Hearsay,

      19       competence.

      20            THE COURT:  As to hearsay, sustained.

      21   BY MR. POPE:

      22        Q    Don't tell us what anyone told you.  Just

      23   tell us what happened at that exact moment in time.

      24        A    They were having a meeting at the --

      25            MR. MERRETT:  Objection.  Competence.


       1       The witness has no personal knowledge of

       2       this.

       3   BY MR. POPE:

       4        Q    All right.  Just move on.

       5        A    I quickly read the document and reviewed the

       6   map and went to my assigned post.

       7        Q    Which was where; you're assigned post?

       8        A    If I could look at the map I could tell you

       9   which building it is.  It's the Church of Scientology

      10   building on Cleveland Street on the south side,

      11   whatever that building number is.

      12        Q    All right.

      13        A    There were several protesters walking around

      14   at that time.  One of them was Tory.  Since I had not

      15   had much time to review the map or the document, every

      16   time I interacted with them or thought they were doing

      17   something inappropriate, I would walk over to them and

      18   say, hey, I don't understand this document any better

      19   than you because I just received it a minute ago.

      20   Let's review it together, so every single time we

      21   looked at the map together and we looked at the

      22   narrative together to figure out what was being done,

      23   if it was right or wrong and exactly what the map said

      24   or showed that it should or should not be.  So, in the

      25   several instances where Tory was where she should not


       1   have been, we would look --

       2            MR. MERRETT:  I'm going to object.

       3       Legal conclusion.

       4            THE COURT:  Overruled.  Proceed.

       5            THE WITNESS:  We would look at the map,

       6       decide if she should or should not be

       7       protesting in that area.  Every single time

       8       we came to a mutual agreement whether she

       9       should or should not be there and I

      10       instructed her to adhere to the agreement,

      11       which she did in every case except for one

      12       time.

      13   BY MR. POPE:

      14        Q    Tell us about that one time?

      15        A    If I -- on this building on Cleveland Street

      16   on the south side, on the south side of that building

      17   there is a parking lot.  To the east of that parking

      18   lot is the area in question.

      19             There is a side street there.  I don't

      20   believe the side street has an actual name to it.

      21             She was standing in front of the entrance

      22   way to the parking lot.  According to go the map the

      23   property line seems to go through or into the next

      24   building that's not owned I believe by the Church of

      25   Scientology.  So she was standing extremely close or


       1   on the border.

       2             She had her sign up at one time.  She was

       3   yelling chants of some sort as the cars or buses or

       4   people walking by.  I approached her, showed her the

       5   map.  We agreed that she could not be legally

       6   protesting there.

       7             I instructed her she had to turn her sign

       8   upside down and yet she could be there, she just

       9   couldn't protest there, so she would stand there with

      10   her sign upside down.

      11             She stayed for several minutes, maybe 15 to

      12   20 minutes and there was one time another member of

      13   the Church of Scientology walked over to me a said

      14   she's got her sign up and she did have her sign up.

      15            MR. MERRETT:  I object.  Move to strike

      16       and ask counsel take charge of the witness

      17       rather that inducing a narrative.  Move to

      18       strike statements of this other Scientologist

      19       and again ask that counsel take charge of the

      20       witness.

      21            MR. POPE:  I'll agree --

      22            THE WITNESS:  I did see --

      23            THE COURT:  Hold on just a minute.  Give

      24       Mr. Pope a chance.

      25            MR. POPE:  I agree that his statement


       1       about what the Scientologist said is

       2       inadmissible.

       3            THE COURT:  Okay.  Rephrase your

       4       question.

       5   BY MR. POPE:

       6        Q    Just go ahead and explain what you did and

       7   what she did without reference to with the

       8   Scientologist said.

       9        A    I visually witnessed her with the sign or

      10   saw her with the sign up and chanting or yelling at

      11   the buses.  I walked over to her and said you can't do

      12   that.  We, I believe, we reviewed the map again and

      13   the narrative and she stopped.

      14            MR. POPE:  All right.  I have no further

      15       questions for this witness.

      16            THE COURT:  You may inquire,

      17       Mr. Merrett.

      18                     CROSS-EXAMINATION

      19   BY MR. MERRETT:

      20        Q    Was that the first time you worked a detail

      21   for the Church of Scientology?

      22        A    No, sir.

      23        Q    Was is the last time?

      24        A    No, I think I've done it once since then.

      25        Q    Can you tell the court how much money


       1   Scientology has paid you since you've been working

       2   with them?

       3        A    I believe it's around $21 an hour.

       4        Q    Okay.  How much total?

       5        A    I did receive the W-2 the other day, but I

       6   did not look at it.  If I had to take a guess I would

       7   saw between on and two thousand.

       8        Q    Okay.

       9        A    I would guess 1400 for the year.

      10        Q    And at what rate are you being compensated

      11   for your presence here today?

      12        A    The standard overtime rate which I believe

      13   is $21 an hour.

      14        Q    So you're here testifying to the facts that

      15   you observed for the fee of $21 an hour; is that

      16   correct?

      17        A    As is true with all times that I have

      18   testified, yes.

      19        Q    And that is being paid by whom?

      20        A    At this moment in the time, the City of

      21   Clearwater.

      22        Q    Now, on the date of the event that you just

      23   discussed, your compensation was being paid by the

      24   Church of Scientology, correct?

      25        A    Correct.


       1        Q    Now, the building that you referred to, is

       2   that the what is sometimes known as the Coachman

       3   Building?

       4        A    It could be, sir.

       5        Q    Okay.

       6        A    I don't usually work that area of the city.

       7        Q    Is this the one at the -- let's see, what

       8   would that be, the southeast corner of Cleveland and

       9   Ft. Harrison?

      10        A    Yes, sir.

      11        Q    And where you're talking about Ms. Bezazian

      12   being is on the street or the sidewalk on the street

      13   which is south of the parking lot behind that

      14   building, right?

      15        A    Yep.

      16        Q    Okay.  Where?

      17        A    It would be the alleyway.  I don't believe

      18   it has a name and it doesn't have a sidewalk, to the

      19   east of that building.

      20        Q    So this is the alleyway that cuts through to

      21   that, what is that, Garden?

      22        A    It could be.  Can I refer to the map?

      23            MR. MERRETT:  Actually, I'm looking for

      24       a copy of it, but you're welcome to.

      25            THE COURT:  Here it is right here.


       1       That's is.

       2            THE WITNESS:  Yes.  It's the alleyway

       3       between Cleveland Street and Park Street.

       4   BY MR. MERRETT:

       5        Q    Hang on a second.  The alleyway between

       6   Cleveland and where?

       7        A    Park Street, sir.

       8        Q    Okay.  So this is running down the east side

       9   of the building, right?

      10        A    Correct.

      11        Q    Now, if I understood your testimony

      12   correctly, you didn't know any more about the

      13   injunction than the protesters, did you?

      14        A    I'm sorry, what?

      15        Q    You didn't know any more about the

      16   injunction than the protesters did, right?  I mean, it

      17   was news to you?

      18        A    I don't know what they knew.  I only knew

      19   what I had strictly reviewed in the document.

      20        Q    Well, didn't you just tell us that you told

      21   them you didn't know any more about it than they did?

      22        A    That was a friendly statement on my part to

      23   enhance our chance of communication.  I don't know

      24   what their personal knowledge of this document is.

      25        Q    But you were telling the truth, weren't you?


       1        A    I don't know.  I believe I was.

       2        Q    Okay.  So your knowledge of the injunction

       3   was limited at best at that point, correct?

       4        A    It was limited did.

       5        Q    Okay.  Now, who were these Scientologists

       6   that delivered a copy of the injunction to you and who

       7   explained to you where you were suppose to be watching

       8   for?

       9        A    There were three of them.  I only knew one

      10   by name which was Tony.  The other two I'd never met

      11   before.

      12        Q    Tony what?

      13        A    I don't know Tony's last name.

      14        Q    Okay.  Are any of those people in court

      15   today?

      16        A    Tony is, yes.

      17        Q    Can you point him out by where he's sitting

      18   and what he's wearing?

      19        A    I believe he's outside in the hallway.

      20        Q    Okay.  You don't know his last name?

      21        A    No, sir.

      22        Q    Okay.  Now, when you asked her to turn her

      23   sign upside down she complied, right?

      24        A    Yes, sir.

      25        Q    Okay.  And then after that I guess what I'd


       1   like for you to do is -- may I approach the witness,

       2   Your Honor?

       3        A    You may, sir.

       4        Q    You can compare this to the one that you

       5   have there.  I think that's the same map?

       6        A    Yes, it is.

       7        Q    That shows the Coachman Building?

       8        A    Yes, sir.

       9        Q    Can you mark on there in fact where she was

      10   when you went to her the second time?

      11        A    Yes.

      12        Q    If you would please?

      13        A    If I could have a pencil, please?

      14            MR. MERRETT:  If I could approach again?

      15            THE COURT:  Come on.  Yes, sir.

      16            THE WITNESS:  Thank you.

      17   BY MR. MERRETT:

      18        Q    If you could just put an X wherever that

      19   was?

      20        A    Yes, sir.

      21        Q    And when you went to her the second time and

      22   she complied with your request?

      23        A    Yes.

      24        Q    What is it that you saw her doing at that

      25   time?


       1        A    She had her sign in the upright position and

       2   she was saying things to the passing by buses.

       3        Q    Where were the buses passing by?

       4        A    One of two places.  They were either coming

       5   out of the parking lot or they were actually driving

       6   down the alley.

       7        Q    Okay.  What was she saying to them?

       8        A    I don't recall at this time.  I can tell you

       9   that tit was nothing vulgar or gross.  She was kind of

      10   saying it in something louder than a talking voice,

      11   she wasn't screaming, but it certainly audible from

      12   probably 50 feet away.

      13        Q    If you would please, can tell us that just

      14   what time of day this was?

      15        A    Daytime, maybe between noon and oneish.

      16            MR. MERRETT:  Okay.  I have nothing

      17       further of this witness.

      18            MR. POPE:  Your Honor, may I examine the

      19       X mark that was put on the --

      20            THE COURT:  Come forward.

      21             (Whereupon, documents were reviewed.)

      22            MR. MERRETT:  I would tender it into

      23       evidence but I don't want to lose it until

      24       the end of the trial.

      25            MR. POPE:  I just want the court to see


       1       it, Your Honor.

       2            MR. MERRETT:  I don't have any objection

       3       to that.

       4             (Whereupon, documents were reviewed.)

       5            THE COURT:  You want to tender it now?

       6       It's your call.

       7            MR. MERRETT:  No, sir.  I will hang on

       8       to it and if somebody wants it.

       9            THE COURT:  We'll mark for ID purposed,

      10       though.

      11            MR. MERRETT:  Okay.

      12            THE COURT:  So we know what we're

      13       talking about.  This is called -- I'm going

      14       to call you Defendant Number One.

      15            MR. MERRETT:  That's by no means the

      16       worst thing I've been called even recently.

      17            THE COURT:  Let's see, number one for

      18       ID.

      19            MR. MERRETT:  May I approach counsel?

      20            THE COURT:  Come forward.

      21                    REDIRECT EXAMINATION

      22   BY MR. POPE:

      23        Q    Officer, where you put the X here is where

      24   she was standing on which event of the five encounters

      25   that you had with her?


       1        A    It was probably three and four.

       2        Q    You said that the last one was the one that

       3   you had difficulty getting her to comply with?

       4        A    The fourth one was one or the third and

       5   fourth one was the one that was difficult to get her

       6   to comply with.

       7        Q    And the X is where that occurred?

       8        A    Yes, sir.

       9            MR. POPE:  Thank you.

      10            MR. MERRETT:  Judge, I ask the court to

      11       notice there is one thing I forget to ask.

      12            THE COURT:  You may.  Go ahead.

      13                    RECROSS-EXAMINATION

      14   BY MR. MERRETT:

      15        Q    Who made the annotations and marks on your

      16   copy of the injunction where it says like Lisa

      17   McPherson Trust and has parts underlined and things

      18   like that?

      19        A    I did to refresh my memory for today's

      20   activities.

      21            MR. MERRETT:  All right.  Thank you,

      22       officer.

      23            MR. POPE:  Nothing further.

      24            MR. HOWIE:  May it Please the Court if I

      25       could --


       1            THE COURT:  Mr. Howie, I'm sorry, I

       2       didn't mean to cut you out of this.  You may.

       3                     CROSS-EXAMINATION

       4   BY MR. HOWIE:

       5        Q    Officer Butterfield, the picket sign that

       6   you described held by Tory Bezazian, was this a

       7   standard picket sign on a small picket or a stick?

       8        A    Yes.

       9        Q    All right.  And when you instructed her to

      10   turn the sign upside down, she complied with that?

      11        A    Yes.

      12        Q    And your purpose in having her turn the sign

      13   upside down was so that by doing so she was not

      14   protesting in the location where she was standing; is

      15   that correct?

      16        A    My understanding of what they considered a

      17   protest to be, if you hold the sign upside down she's

      18   not protesting, so, yes.

      19        Q    And this was your understanding of the

      20   purpose of the injunction after you had discussions

      21   with members of the Church of Scientology?

      22        A    And after reading the documents, yes.

      23        Q    Okay.  And as a result of both those things,

      24   that was your own interpretation of this injunction?

      25        A    Correct.


       1            MR. HOWIE:  Thank you.  No further

       2       questions.

       3            THE COURT:  Mr. Pope?

       4            MR. POPE:  No further questions, Your

       5       Honor.

       6            THE COURT:  Mr. Merrett?

       7            MR. MERRETT:  None, Your Honor.

       8            THE COURT:  May we excuse the officer?

       9            MR. POPE:  He may be as far as I'm

      10       concerned.

      11            MR. MERRETT:  Yes, for our part.

      12            MR. HOWIE:  Yes, sir.

      13            THE COURT:  Sir. thank you.  You're free

      14       to go.  Thank you very much.  Mr. Pope, call

      15       your next witness.

      16            MR. POPE:  Officer Linda Stverak.

      17   Thereupon:

      18                       LINDA STVERAK

      19   was called as a witness and having been duly sworn, was

      20   examined and testified as follows:

      21                     DIRECT EXAMINATION

      22   BY MR. POPE:

      23        Q    Ma'am, please state your name?

      24        A    Linda Joyce Stverak.

      25        Q    What is your occupation?


       1        A    Police officer with the City of Clearwater.

       2        Q    How long have you been a police officer?

       3        A    Almost 12 years.

       4        Q    I note you brought what appears to be a copy

       5   of the injunction.  I'd like to ask you, just don't

       6   refer to it for the time being unless you need to for

       7   your testimony?

       8        A    Yes, sir.

       9        Q    I want to call your attention to the date of

      10   December 7, 2000?

      11        A    Yes, sir.

      12        Q    And ask you if you, while you were

      13   performing your duties as a police officer had

      14   exchanges with Tory Bezazian?

      15        A    I did.

      16        Q    And would you tell us about the first of

      17   those?

      18        A    During the shift Officer Butterfield had

      19   spoken to Tory.

      20            MR. MERRETT:  Objection.  Competence.

      21   BY MR. POPE:

      22        Q    Don't tell us what Officer Butterfield did,

      23   just tell what you did.

      24        A    I stood by and listened.

      25        Q    Oh, you were present?


       1        A    Yes.

       2        Q    When Officer Butterfield spoke to her?

       3        A    I was.

       4        Q    Okay.  And what did you do thereafter?  Was

       5   this on the December 7?

       6        A    I believe so.

       7        Q    All right.  What did you do?

       8        A    I just hung out and listened to the

       9   conversation.

      10        Q    I'm sorry.  Did you discuss any of these

      11   matters with Tory Bezazian on December 7, yourself?

      12        A    Yes, I did.

      13        Q    Tell us your discussion with her.

      14        A    Okay.  Later on during my shift, Tory had

      15   walked in front of the Clearwater Building with a

      16   couple of picket signs in her hand.  They were in the

      17   upright position.  She was walking from the building

      18   which was an area which was covered under the

      19   injunction as a place that she could not walk.

      20        Q    What did you do when you saw that?

      21        A    I made contact with her, spoke to for a few

      22   minutes, asked her to not do that anymore and if she

      23   was going to walk through the sidewalk area she needed

      24   to put the signs in a downward motion and not upright,

      25   because as an upright motion it appeared to me that


       1   she was picketing.

       2        Q    All right.  And what was her response to

       3   that?

       4        A    She said okay.

       5        Q    All right.  Did she comply with your

       6   request?

       7        A    She did.

       8        Q    And did you have any additional encounters

       9   with her on December 7?

      10        A    No, sir.

      11            MR. POPE:  All right.  No further

      12       questions.

      13            THE COURT:  You may inquire,

      14       Mr. Merrett.

      15                     CROSS-EXAMINATION

      16   BY MR. MERRETT:

      17        Q    The events that you've testified to occur on

      18   December 7; is that right?

      19        A    I believe that was the date.

      20        Q    What is your regular assignment?

      21        A    I'm a patrol officer.  I was working

      22   midnight shift.

      23        Q    I'm sorry, you work midnights?

      24        A    Yes, sir.

      25        Q    Okay.  And I assume then that these events


       1   in seventh occurred during the day?

       2        A    Yes, it did.

       3        Q    You would have been working an off-duty job?

       4        A    That's correct.

       5        Q    And that was, your compensation was provided

       6   by the Church of Scientology; is that correct?

       7        A    My compensation is given to us by the City

       8   of Clearwater, but the Church pays the City of

       9   Clearwater.

      10        Q    $21 an hour or thereabouts?

      11        A    I believe it's $23.50.

      12        Q    Okay.  And was December 7 the first time

      13   that you worked for the Church?

      14        A    No.  I worked the Church several times last

      15   year and I've already worked several times this year.

      16        Q    What's the total amount that has been paid

      17   to you for working for the Church?

      18        A    This year I couldn't tell you yet, but last

      19   year it was 1600-some odd dollars.

      20        Q    And you are not presently assigned to the

      21   detective division; is that correct?

      22        A    I am not.

      23        Q    And why is it that you're not in uniform

      24   today?

      25        A    I'm off duty.  I'm not required to wear a


       1   uniform to court.

       2        Q    Okay.  And how are you being compensated for

       3   your appearance here today?

       4        A    City of Clearwater.

       5        Q    Any reimbursement from the Church of

       6   Scientology?

       7        A    A mileage fee of $20.

       8        Q    Now, you said at one point in your direct

       9   testimony that you saw Ms. Bezazian passing I guess on

      10   the Cleveland Avenue side of the Clearwater Bank

      11   Building; is that right?

      12        A    The Ft. Harrison side.

      13        Q    Okay.  What direction was she headed?

      14        A    In a south direction on the east side of the

      15   roadway.

      16        Q    So she was between the Trust and the

      17   Ft. Harrison Hotel?

      18        A    Yes.

      19        Q    On the Trust side of Ft. Harrison, right?

      20        A    Yes.

      21        Q    Okay.  And was she in transit; was she

      22   moving up until the time that you asked to speak to

      23   her?

      24        A    Absolutely.

      25        Q    At any time she could have turned around and


       1   headed back or walked a loop on the sidewalk, right?

       2        A    Absolutely.

       3        Q    Okay.  But she didn't to that, right?

       4        A    Nope.

       5        Q    She was in continuous transit from the

       6   direction of the Trust.  Could I approach, Your Honor?

       7            THE COURT:  I'll just look at that

       8       exhibit that you had.

       9            MR. MERRETT:  I can give it back to you.

      10            THE COURT:  I'm just trying to follow

      11       her testimony, that's all.

      12            MR. MERRETT:  I don't think that's on

      13       the map, but maybe it is.

      14            THE WITNESS:  I have a copy of the map,

      15       Judge.

      16            THE COURT:  Well, we've got one we're

      17       using.  Just a minute and let me see if I can

      18       get that one and sort of make it because the

      19       Bank of Clearwater is on there and the

      20       Ft. Harrison on there, I think.  Let's see

      21       what she IDs.

      22            MR. MERRETT:  If you can pass it over

      23       her?

      24            THE COURT:  Yeah, here.  There is an X

      25       on there, but you called it the Clearwater


       1       Building.  Whare are you referring to?

       2            THE WITNESS:  It's this one right here,

       3       sir.

       4            THE COURT:  Show me?

       5            THE WITNESS:  Yes, sir.  This is

       6       Cleveland Street here.

       7            THE COURT:  Right.

       8            THE WITNESS:  And this is Ft. Harrison.

       9            THE COURT:  Right.

      10            THE WITNESS:  And she was walking in

      11       that area.

      12            THE COURT:  Okay.  Let the record

      13       reflect that she showed me the building

      14       that's called the Clearwater Building on this

      15       map and she pointed to the general area on

      16       the -- headed south.  Well, actually it's on

      17       the northeast corner of Cleveland and

      18       Ft. Harrison intersection.  And she pointed

      19       the general area of headed south on the

      20       south -- well, that northeast corner about

      21       maybe 20 feet north of the corner of the

      22       building.

      23            MR. MERRETT:  Yes, sir.

      24            THE COURT:  Do you mind if I ask her to

      25       put an X there?


       1            MR. MERRETT:  No, that would be fine,

       2       Your Honor.  I gave her a pen, I think, or

       3       somebody did.

       4            THE COURT:  Just put an X there and I'll

       5       put a yellow arrow there where she indicated.

       6       Can you put your initials there?

       7            THE WITNESS:  Yes, sir.

       8            THE COURT:  Thank you very much.

       9       Mr. Pope, did you want to look at that?

      10            MR. POPE:  That's fine.  I'm all right.

      11       Thank you.

      12            THE COURT:  Okay.

      13   BY MR. MERRETT:

      14        Q    Officer, we were talking about what you had

      15   done and I believe your testimony was she was in

      16   transit continuously moving south along Ft. Harrison

      17   Avenue, correct?

      18        A    That's correct, sir.

      19        Q    And when she stopped, was it when you told

      20   her you needed to speak to her or however you

      21   approached her, right?

      22        A    That's correct, sir.

      23        Q    Okay.  Now, in your direct testimony you

      24   mentioned at one point there being an area or areas

      25   indicated on the map where she could not walk.  There


       1   is not any areas on the map that people can't walk,

       2   are there?

       3        A    Picket, I'm sorry.

       4        Q    So, the issue is not where she was walking

       5   as far as you're concerned and as far as you were

       6   concerned back on December 7.  The issue is where she

       7   was picketing, right?

       8        A    That's correct.

       9        Q    Okay.  And you asked her to put her sign

      10   down and she did?

      11        A    Yes, sir.

      12        Q    Okay.  And did she then continue on south

      13   along Ft. Harrison or where did she go?

      14        A    She did.

      15            THE COURT:  Okay.

      16            MR. MERRETT:  I don't believe I have

      17       anything further.

      18            THE COURT:  Okay.  Let's do this.

      19       Mr. Howie, do you want to go next?

      20            MR. HOWIE:  Yes, and I just have a few

      21       questions.

      22            THE COURT:  Go ahead.

      23                     CROSS-EXAMINATION

      24   BY MR. HOWIE:

      25        Q    Officer, when you had this encounter with


       1   Tory Bezazian, you were in uniform, correct?

       2        A    Yes, sir.

       3        Q    And you observed that Officer Butterfield

       4   was also in uniform when we had his discussion with

       5   her, correct?

       6        A    Correct.

       7        Q    And in your discussions with Tory Bezazian

       8   you indicated to her that there was no problem with

       9   her being where she was as long as she turned her

      10   picket signs down; is that correct?

      11        A    What I told her was if she going to continue

      12   down the street with the picket signs she would have

      13   to turn them upside down.

      14            MR. HOWIE:  Thank you very much.

      15            THE COURT:  Yes, sir.  Mr. Pope?

      16                    REDIRECT EXAMINATION

      17   BY MR. POPE:

      18        Q    I don't have any further questions.  Oh, I

      19   do have one question.  Did you prepare a report of

      20   this incident?

      21        A    I did, sir.

      22            MR. POPE:  Thank you.

      23            THE COURT:  Anything else?  Can we

      24       excuse the officer?

      25            MR. POPE:  Sure.


       1            THE COURT:  Officer, thank you coming in

       2       and testifying.  You're free to leave.  Thank

       3       you.

       4            MR. POPE:  Officer Harbert will be our

       5       next witness.

       6            THE COURT:  Okay.

       7            MR. POPE:  Your Honor, while they're

       8       calling Officer Harbert I'd like to offer

       9       into evidence a certified copy of her police

      10       report.

      11            THE COURT:  Any objection?

      12            MR. MERRETT:  Yes, Your Honor.

      13            THE COURT:  Tell me.

      14            MR. MERRETT:  Hearsay.

      15            MR. HOWIE:  I would join in the

      16       objection, Your Honor.

      17            MR. MERRETT:  In case we've missed the

      18       point that the court's made the last time we

      19       were here, this is a criminal proceeding.

      20            THE COURT:  Uh-huh.  Mr. Pope.

      21            MR. POPE:  Your Honor, it is an official

      22       record certified by the police.  It's

      23       admissible under the Florida Evidence Code.

      24       It's an official record of a government

      25       agency.


       1             (Whereupon, a pause in the proceedings took

       2        place.)

       3            THE COURT:  Mr. Merrett, do you have a

       4       case to cite me?

       5            MR. MERRETT:  No, Your Honor.  What I

       6       would like to do is tell you what my copy of

       7       the evidence code says.

       8            THE COURT:  Please proceed.

       9            MR. MERRETT:  That's section 90.303(8).

      10            THE COURT:  Hold on.  Let me catch you.

      11       All right.  I'm with you, sir.

      12            MR. MERRETT:  Yes, sir.  It says here

      13       records, reports, statements reduced to

      14       writing or data compilations in any form of

      15       public offices or agencies setting forth the

      16       activities, etcetera, or matters observed

      17       pursuant to a duty imposed by law as to

      18       matters which there was duties to report

      19       excluding in criminal cases matters observed

      20       by a police officer or other law enforcement

      21       personnel are admissible under the public

      22       records exception of the hearsay rule and I

      23       mean there is another evidence code book

      24       around out there but that's what mine says.

      25            THE COURT:  Mr. Pope, sir.


       1            MR. POPE:  I have nothing further to

       2       add, Your Honor.

       3            THE COURT:  Okay.  The objection is

       4       sustained.  Call your next witness.

       5            MR. POPE:  Officer Harbert.

       6   Thereupon:

       7                       LARRY HARBERT

       8   was called as a witness and having been duly sworn, was

       9   examined and testified as follows:

      10                     DIRECT EXAMINATION

      11   BY MR. POPE:

      12        Q    Tell us your name, please, sir?

      13        A    Larry Harbert.

      14        Q    And your address?

      15        A    645 Pierce Street.

      16        Q    And your occupation?

      17        A    Police officer.

      18        Q    You've been a police officer for how long?

      19        A    Going on 11 years.

      20        Q    With what city?

      21        A    City of Clearwater.

      22        Q    I want to call your attention to the date of

      23   December 8, 2000 and ask you if on that date you had

      24   any contact with Tory Bezazian?

      25        A    Yes, I did.


       1        Q    And would you tell us about the first

       2   contact you had with her?

       3        A    I was advised by the security for the Church

       4   that Tory and believe it was Patricia Greenway were in

       5   the area of the Santa chair taking turns sitting in

       6   the chair, which was located in front of the 500

       7   Building on Cleveland Street.

       8        Q    What action. if any. did you take?

       9        A    I spoke with them and told them based on my

      10   interpretation of the injunction that they possibly

      11   could be in violation and told them they needed to

      12   discontinue the action and that I would be writing a

      13   report on what had happened.

      14        Q    What response did you get from them?

      15        A    I was told basically that it's

      16   Christmastime, it is a Christmas parade and that they

      17   were just in the Christmas spirit of taking pictures

      18   sitting in the chair.

      19        Q    Did they comply with your request?

      20        A    They left after I told them it would be best

      21   based on circumstances of the violation of the

      22   injunction possibly so they did leave.

      23        Q    Did you have any other encounters with

      24   either one of them on that day?

      25        A    Earlier in the day Tory was by the -- there


       1   was a camera that's adjacent to the properties at the

       2   end of 500 at the north side of Waterson and she was

       3   by the camera and had some kind of pole waving it in

       4   front of the camera and we went up myself and I

       5   believe it was Officer --

       6            MR. MERRETT:  I'm going to object at

       7       that point and move to strike for relevance.

       8       I'm sure counsel can refer to the section of

       9       the order to show cause that deals with this

      10       incident if it's relevant.

      11            MR. POPE:  I haven't heard enough of the

      12       testimony to know yet, Your Honor.  I'm sure

      13       the court can disregard it if it turns out

      14       that it's not pertinent to the order to show

      15       cause.

      16            MR. MERRETT:  Judge, I hate to be a

      17       pill, but customarily when people practice

      18       law, they kind of have an idea of what

      19       evidence we're going to present and we don't

      20       make others people --

      21            THE COURT:  Attorneys, approach the

      22       bench.

      23             (Thereupon, the following proceedings were

      24        had out of the presence of the audience:)

      25            THE COURT:  Gentlemen, I have the


       1       injunction in front of me.  He said that he's

       2       relying on the injunction on the he, listed

       3       paragraph, the part of the injunction.

       4            Now, let me do something just a minute.

       5        Okay, you said Ms. Bezazian violated

       6        paragraph one, two and eleven.  I note that

       7        last sentence says that are enjoined from

       8        any criminal acts of harassment, violence in

       9        may fall under that.

      10            MR. MERRETT:  Your Honor, if I may, the

      11       issue is not where it falls in the statement

      12       of particulars or anything else.  The issue

      13       is what acts are charged according to the

      14       order to show cause which occurred involving

      15       camera on December 8.  This is like charging

      16       a breach of the peace that occurred on June 5

      17       in Clearwater and then coming in and wanting

      18       to put on all this evidence about somebody

      19       drinking a beer in a park in St. Petersburg

      20       on June 12.

      21            There is nothing in the order to show

      22        cause that deals with the incident this

      23        officer is about to describe and counsel

      24        knows that.

      25            MR. POPE:  Your Honor, the respondent's


       1       state of mind and the attitude toward this

       2       injunction and complying with it is if this

       3       is a willful violation is at issue in this

       4       matter and any incident that shows that that

       5       state of mind is pertinent.

       6            MR. HOWIE:  Your Honor, if I may?

       7            THE COURT:  Yes, sir.

       8            MR. HOWIE:  It seems to be a violation

       9       of another provision 90.404(2)(b) of the

      10       Florida Statutes.

      11            THE COURT:  90 what?

      12            MR. HOWIE:  90.404(2)(b) of the Florida

      13       Statutes.

      14            THE COURT:  90.404(2)(b)?

      15            MR. HOWIE:  Yes, sir.  No notice was

      16       provided to us concerning the use of this

      17       matter to show state of mind or any other

      18       matter.  We would object on both the grounds

      19       of relevance and violation of notice.

      20            MR. MERRETT:  And I would joint in that.

      21       I think that's the Williams Rule, Judge.

      22            MR. HOWIE:  I would add that there is no

      23       notice in the motion for the order to show

      24       cause or the order to show cause itself.

      25            MR. POPE:  Your Honor, this is not a


       1       jury trial and you're certainly free to

       2       disregard the matter if you think it

       3       ultimately does not go to the intent issue.

       4            MR. MERRETT:  That's reference to a case

       5       that I have been looking for for years that

       6       the evidence code doesn't apply unless

       7       there's a jury in the room, but I've never

       8       seen --

       9            THE COURT:  Proceed.  Go on.  Just a

      10       minute.  Hey, hey, come here.  Inasmuch as we

      11       are under the criminal rules, I will sustain

      12       them.  Move on.

      13             (Thereupon, the sidebar conference was

      14        concluded and the following proceedings were had

      15        in the presence of the audience:)

      16   BY MR. POPE:

      17        Q    Officer, let me go back to the initial

      18   incident that you testified about the sitting in the

      19   chair.  Where was that chair located?

      20        A    The chair was located directly in front of

      21   the what I would consider to be the front door of the

      22   building.

      23        Q    The entranceway?

      24        A    On the north side, yes.

      25        Q    On Church property?


       1        A    I would say, yes it's a --

       2            MR. MERRETT:  Objection.  Competence.

       3       Move to strike.

       4   BY MR. POPE:

       5        Q    You were getting ready to say was it was

       6   under the overhang?

       7        A    Under the overhang of the front door.

       8            MR. MERRETT:  Okay.

       9            MR. POPE:  Now, Your Honor, that's all I

      10       have as to this particular episode.  I want

      11       to shift -- he has some facts relative to the

      12       other motion.  Perhaps counsel wants to --

      13            THE COURT:  You talking about Greenway?

      14            MR. POPE:  No, there is a separate

      15       motion dealing with the -- we got two

      16       motions, orders to show cause.  This

      17       testimony so far has been only on the amended

      18       consolidated order.

      19            He also has information relative to the

      20        order to show cause for an event on

      21        January 7 on Waterson Avenue involving

      22        Mr. Minton and three other people.

      23            THE COURT:  Okay.  Proceed.

      24   BY MR. POPE:

      25        Q    Fine.  Let me direct your attention, please,


       1   sir, to January 7.  Where were you patrolling on that

       2   day?

       3        A    I was working off duty at Waterson and

       4   Cleveland and it was on Waterson at an area where we

       5   stop traffic and assist the pedestrians as the exit

       6   and enter buses to go to eat.

       7        Q    About what time of day was it?

       8        A    I don't recall the exact time.  I would say

       9   sometime around six o'clock.

      10        Q    Was it in the evening?

      11        A    Yes, sir. it was.

      12        Q    Had it started to get dark?

      13        A    Yes, sir.

      14        Q    Okay.  Can you tell us what happened on this

      15   date?  First of all tell us who you had an encounter

      16   with?

      17        A    Well, I had an encounter with Mr. Minton.

      18   I'm not sure who else was there.  I believe Tory was

      19   there.

      20             They had come down to protest in the

      21   designated area in which they were allowed to protest.

      22   They had their signs.

      23             Myself and Officer Correa was standing in

      24   that area because that's where we watch the vehicles

      25   as the travel northbound on Waterson so we can stop


       1   them in time to assist people as they're loading and

       2   unloading the buses.  And they began to protest there

       3   and Mr. Minton was standing in the street.  We asked

       4   him to step out of the street.

       5        Q    What was his response?

       6        A    He became very agitated with us.  He began

       7   cursing at Officer Correa and myself and yelling

       8   screaming that we were in violation of the injunction.

       9        Q    Did you he tell how it was that you were

      10   violating this injunction?

      11        A    He said we were considered officers of the

      12   Church.

      13        Q    Did he other elucidate as to how that

      14   violated the injunction?

      15        A    He said the injunction states that all

      16   officers of the Church are to stay away from him ten

      17   feet and being that we were working for the Church as

      18   a off-duty job that we were thus considered I guess on

      19   his behalf he believed we were part of the Church.

      20        Q    How did this encounter between you and

      21   Mr. Minton and the others resolve itself?

      22        A    We warned him several times that he needed

      23   to step out of the street and that his carrying on

      24   could possibly lead to disorderly conduct.  He was

      25   yelling and screaming and using profanities.


       1             There was a number of people who were

       2   unloading at the buses at the time and he was like

       3   sitting in the street.  Eventually we were able to

       4   convince him to step back up off of the sidewalk.

       5            MR. POPE:  Okay.  No further questions.

       6            THE COURT:  All right.  I'm going to go

       7       this way.  Mr. Howie, you can go first.

       8            MR. HOWIE:  Your Honor --

       9            THE COURT:  Mr. Minton is your client

      10       and he's talking about Mr. Minton, so I will

      11       give you first cross.

      12            MR. HOWIE:  Since the first part of his

      13       testimony dealt with Tory Bezazian, which is

      14       Mr. Merrett's client, I thought Mr. Merrett

      15       might want to go.

      16            THE COURT:  Okay.  I don't know.

      17       Gentlemen, don't arm wrestle.  Somebody get

      18       up there.

      19                     CROSS-EXAMINATION

      20   BY MR. MERRETT:

      21        Q    Yes, sir.  All right.  I'd kind of like to

      22   refine and focus on your testimony about the events of

      23   December 8 involving a Santa Claus chair.  How long

      24   you been about working out there for Scientology?

      25        A    I believe we've been out there about a year.


       1        Q    You have been out there off and on for a

       2   period of approximately 12 months?

       3        A    Yes, sir.

       4        Q    Tell the court how many thousands of dollars

       5   Scientology had paid you over that time?

       6        A    I believe I made $6700 this year.

       7        Q    $6,700?

       8        A    Yes, sir.

       9        Q    Okay.  And you're paid that money in order

      10   to inducing you to stand in particular places and

      11   watch particular property, right?

      12        A    Whatever we're asked to do by the off-duty

      13   contractor we do pursuant to our general orders and

      14   state law.

      15        Q    Okay.  Now, off-duty contractor, that means

      16   in this instance Scientology, right?

      17        A    Correct.

      18        Q    Okay.  So you were paid $6700 in the last 12

      19   standing where Scientology wanted you to stand and

      20   watch out for what they wanted you to watch out for,

      21   right?

      22        A    Correct.

      23        Q    Okay.  So, for example, based on what your

      24   instructions have been during that 12 month period,

      25   you wouldn't for example be down at the Walgreens


       1   three blocks away watching for shoplifters, right?

       2        A    Right.

       3        Q    Okay.  What you're doing is protecting

       4   Scientology's interest at their request, correct?

       5        A    Correct.

       6        Q    Now, how long had the Santa Claus chair been

       7   there as of December 8?

       8        A    I don't know.  I didn't set up Santa's

       9   chair.

      10        Q    Okay.  Well, interestingly, I didn't ask you

      11   if you set it up.  I asked you how long it had been

      12   there?

      13        A    I don't know.

      14        Q    Okay.  Was that the first time that you saw

      15   it there?

      16        A    First time that I paid attention to it, yes.

      17        Q    Is it correct that prior to December 8 when

      18   you we're alerted by members of Scientology that you

      19   had made no notice of Santa's chair?

      20        A    Like I said originally, no, I not notice it.

      21        Q    Okay.  Now, you testified on direct

      22   examination that you advised Ms. Bezazian and

      23   Ms. Greenway that sitting in the chair might possibly

      24   be a violation of the injunction?

      25        A    That's correct.


       1        Q    You didn't accuse them of any crimes, did

       2   you?

       3        A    I didn't accuse them of anything, no.

       4        Q    Did you mention any criminal activity?

       5        A    I said that it could be a possibility of an

       6   injunction violation.

       7        Q    Okay.  Did you mention any crimes apart from

       8   the injunction?

       9        A    No.

      10        Q    Now, so the record is clear, you have a

      11   clear recollection of this, right?

      12        A    Sure.

      13        Q    And is it correct that all of your

      14   references to Ms. Bezazian and Ms. Greenway regarding

      15   violations of the injunction were couched in terms of

      16   possibility and hypothesis and your opinion, right?

      17        A    Correct.

      18        Q    Okay.  Now, you did tell them repeatedly

      19   that they needed to read the injunction, didn't you?

      20        A    Rephrase that.  I didn't understand.

      21        Q    You did tell them repeatedly they needed to

      22   read the injunction?

      23        A    Make sure they understood it, correct.

      24        Q    Now, there was in fact a Christmas parade

      25   that night, right?


       1        A    Yes, there was.

       2        Q    And I assume that given that you were

       3   investigating this potentially serious breach of

       4   public peace and order you took the time to examine

       5   Santa Claus' chair after they left, right?

       6        A    No need for me to examine the chair.

       7        Q    Okay, them you can tell me if you think

       8   about it, I'm sure, was the was chair blocked in any

       9   way?  Was there an obstruction in the chair?

      10        A    Was there an obstruction?

      11        Q    Uh-huh.

      12        A    The chair was just sitting under the

      13   overhang of the porch area by the entrance.

      14        Q    And you saw other people sitting in the

      15   chair?

      16        A    I didn't pay attention to anyone else

      17   sitting in the chair, no.

      18        Q    Okay.  Let's make sure that your answer came

      19   out clearly.  You did not pay attention to anyone else

      20   sitting in the chair?

      21        A    I did not notice them, no.

      22        Q    And the signs that said Warning, this is

      23   Scientology's chair, don't sit in it, where were they

      24   situated?

      25        A    I saw no signs to that effect.


       1        Q    And the OSA security operative who was

       2   instructing that this was Scientology's Santa Claus

       3   chair, where was he stationed?

       4        A    I don't know who you're referring to.

       5        Q    Okay.  Well, there wasn't any such person

       6   that you know of, right?

       7        A    I don't know who you're referring to, so

       8   obviously no.

       9        Q    Okay.  Now, Ms. Bezazian and Ms. Greenway

      10   were walking east across the of the Clearwater Bank

      11   Building when you turned and walked back to them to

      12   discuss this matter with them, right?

      13        A    I believe so, yes.

      14        Q    And they didn't at any time approach you,

      15   right?

      16        A    No.

      17        Q    Okay.  After you had this discussion in

      18   front of the Clearwater Bank Building, they walked

      19   around the corner onto Waterson, right?

      20        A    I believe they did, yes.

      21        Q    And you followed them?

      22        A    That's where I normally stand on Waterson,

      23   so, yes, I returned back to where I normally work.

      24        Q    Okay.  You normally stand on the east side

      25   of Waterson, right?


       1        A    Yes.

       2        Q    But as it happened what you did, although

       3   you just told us that were just going back to where

       4   you stood, you followed behind Md. Bezazian and

       5   Ms. Greenway on the west side of Waterson?

       6        A    I don't recall which side of the street I

       7   was on.

       8        Q    But the only reason you would have had to

       9   going around the corner on to Waterson would have been

      10   to resume your post on the east side?

      11        A    I will stand on whatever side of the street

      12   I choose to stand on.

      13        Q    Okay.  That would be because you're an

      14   American citizen, right?

      15        A    Because I'm a Clearwater police officer and

      16   I'm doing my job and I will stand where I want, yes.

      17        Q    Okay.  Now can you give us an idea of what

      18   it is that you had in mind as far as the portion of

      19   the injunction that was violated by Ms. Bezazian's

      20   behind being in Scientology's Santa chair?

      21            MR. POPE:  Objection, Your Honor.

      22       That's the very legal question that's before

      23       the court.

      24            THE COURT:  What do you say,

      25       Mr. Merrett?


       1            MR. MERRETT:  I say the question is that

       2       he already testified that he felt like that

       3       might be a violation of the injunction.  I'm

       4       trying to get him to tell us what he thinks

       5       she violated.

       6            THE COURT:  Okay.  He can answer, but

       7       the ultimate decision is mine.

       8            MR. MERRETT:  I understand, Your Honor.

       9            THE WITNESS:  Base on what I've been

      10       told by our supervisors and the way I

      11       understand it is that there is designated

      12       protesting zones and there is also protested

      13       that are the named parties on both sides have

      14       to remain away from the entrances of the

      15       buildings and I took that as an entranceway

      16       to a building.

      17   BY MR. MERRETT:

      18        Q    Okay.  We'll talk about that in just a

      19   second, but I want to make sure I clearly understand

      20   your understanding.  You're out there supposedly

      21   enforcing the law, right?

      22        A    Yes.

      23        Q    With the impression that this court order

      24   prohibits people who are named in the injunction from

      25   going around the entrances of Scientology property,


       1   period?

       2        A    Correct.

       3        Q    Okay.  Have you read the injunction?

       4        A    I've been through the injunction.  I haven't

       5   read it word-for-word.

       6        Q    Now, the entrance that you're talking about,

       7   I want you to look at the judge and tell him the last

       8   time you saw people going in and out of those doors?

       9        A    I normally don't view that doorway because

      10   it's on the other side, so I couldn't tell you.

      11        Q    Okay.  That doorway is normally closed,

      12   right?

      13        A    Like I said, I normally do not stand in that

      14   area to maintain who goes in and out.

      15        Q    Let's focus on something you may have seen

      16   this night because of the chair caper.  The chair was

      17   blocking the door, wasn't it?

      18        A    The chair was in that vicinity, yes.

      19        Q    Well, was it six feet to the right of the

      20   door?

      21        A    I didn't measure it.  I didn't have a tape

      22   measure.

      23        Q    Was it off to the right of the door?

      24        A    It was somewhat in front of the center of

      25   the doorway.


       1        Q    Okay.  So the chair was blocking the

       2   doorway?

       3        A    I don't know if you could open the doors ot

       4   not.  Like I said, I didn't have a tape measure to

       5   measure how wide the doors were.

       6        Q    Okay.  Now, the next thing I'd like for you

       7   to do is give us the names of just physical

       8   descriptions of the people who were trying to come and

       9   go through that door when Ms. Bezazian was sitting in

      10   the chair?

      11        A    There was nobody at that time.

      12        Q    Okay.  Did you have any further discussion

      13   or confrontation with Ms. Bezazian or her companions

      14   after they went around the corner onto Ft. Harrison

      15   Street?

      16        A    No, not that I recall.

      17        Q    But you do have a clear memory of this,

      18   right?

      19        A    Yes.  I have a memory of what happened but I

      20   don't recall if we had any more confrontations.  I

      21   don't remember it verbatim.

      22        Q    Well, I'm not asking you to tell me about it

      23   verbatim.  Let's be clear on the question.  The

      24   question is not what did you day.  The question is did

      25   you have further confrontation or discussion after


       1   they turned the corner onto Waterson?

       2        A    Like I said, I don't recall having anymore

       3   further conversation.

       4        Q    But according to you, you do have a clear

       5   memory of that event?

       6        A    Yes.

       7        Q    Now, I assume that before you received a

       8   certificate to engage in the profession which you

       9   presently pursued, you had to go to the police

      10   academy, right?

      11        A    Yes, I did.

      12        Q    Okay.  And one of the things that they teach

      13   in great length in the police academy is

      14   constitutional law, right?

      15        A    They teach law, yes.

      16        Q    Okay.  So, of course, you're familiar with

      17   the constitutional issues surrounding whether or not

      18   screaming and yelling are breaches of the peace and

      19   disorderly conduct, right; you know that?

      20        A    Correct.

      21        Q    Okay.  So, if you made any promises or

      22   threats or suggestions inconsistent with that law, you

      23   did it deliberately?

      24        A    I would not deliberately violate the law.

      25        Q    Okay.  My question is this.  You told us


       1   that you're familiar with the law regarding screaming

       2   and yelling and whether or not that's a breach of the

       3   peace and disorderly conduct, right?

       4        A    I'm familiar with that.

       5        Q    Okay.  If you make threats to Mr. Minton and

       6   to people with him that's not supported by that law

       7   that you know, you did it deliberately, right?

       8        A    Sir, I didn't threaten anybody.

       9        Q    Okay.  Okay.  Now, when Mr. Minton was

      10   coming down the street headed south on Waterson, you

      11   say he went out into the street, correct?

      12        A    Yes.

      13        Q    Okay.  Describe the oncoming traffic on

      14   Waterson Street?

      15        A    There was buses and vans and cars.

      16        Q    Let me try to refine it for you.  Let me

      17   point out I started out when he was walking down the

      18   street.  I'm not asking you globally what traffic may

      19   be there at any begin moment since the dawn of

      20   creation.  I'm asking what the oncoming traffic was

      21   when he was walking down the street?

      22        A    I could not describe the exact vehicle.

      23   Like I said, that's a loading zone there with Church

      24   buses and Church vans.

      25        Q    There were Church buses?


       1        A    In that area.  I don't know when -- if they

       2   were exactly there when he started out of his doorway

       3   or when he got to that position.

       4        Q    No, the fact is nothing came down the street

       5   moving while he was in the street, correct?

       6        A    I don't know if they did or not.  I was

       7   paying attention to him.

       8        Q    Okay.  So you're not testifying that there

       9   was any traffic block?

      10        A    There were vans in that area during that

      11   time to the best of my knowledge, yes, there was a bus

      12   there.

      13        Q    Parked beside the road?

      14        A    What came through at that time, I don't

      15   know.

      16        Q    Okay.  And the -- you ended up standing

      17   pretty close to Mr. Minton, didn't you?

      18        A    Yeah, we stood close to each other, yes.

      19        Q    And the other officer who was with you,

      20   what's his last name?

      21        A    Correa.

      22        Q    How is it spelled?

      23        A    I don't know.

      24        Q    What are his initials?

      25        A    I think it's Steve, S.


       1        Q    Now how did it come to pass that you and

       2   Officer Correa and Mr. Minton were standing in

       3   proximity to one another?

       4        A    We asked him to get out of the street.

       5        Q    Okay.  And the sound waves of his voice

       6   pulled you out toward him?

       7        A    It's where I stood to talk with him.  He was

       8   in the street and I stood there to ask him to step

       9   back up on the sidewalk.

      10        Q    Okay.  Let me back up and go through this

      11   slowly.  My question is what was the sequence of

      12   events that caused you and Officer Correa to find

      13   yourselves in the immediate proximity to Mr. Minton?

      14        A    Like I said, Mr. Minton was standing in the

      15   street.

      16        Q    And what did you do?

      17        A    I told him to step up on the sidewalk

      18   because he could not stand out there and yell and

      19   scream.

      20        Q    Then what happened?

      21        A    Then he complied.

      22        Q    Okay.  Did you change your position after

      23   the first time that you or Officer Correa said

      24   something to him about getting out of the street?

      25        A    Did I change my position?


       1        Q    Did you move after the first direction to

       2   get out of the street was given?

       3        A    I believe Officer Correa spoke with him

       4   first and then I walked into the street and asked him

       5   to step on to the sidewalk.

       6        Q    At what point in all this did Mr. Minton

       7   stop moving?

       8        A    He moved the entire time.

       9        Q    So he was in transit down the street

      10   throughout this event?

      11        A    Well, he would stop on occasion.

      12        Q    Uh-huh.  And at the time that you're

      13   describing he was stopped because and Officer Correa

      14   were talking to him, right?

      15        A    He was more or less yelling at us.

      16        Q    Uh-huh.  And that means what?

      17        A    That's what he was doing.  You asked what he

      18   was doing.  That's what I'm telling you.

      19        Q    Okay.  In fact, first Officer Correa and

      20   then you left the position where you had been standing

      21   and walked out in the street so that you were

      22   essentially in Mr. Minton's face, correct?

      23        A    No, I was telling Mr. Minton to get out of

      24   the street.

      25        Q    Okay.  Let's back up and I will ask you a


       1   question and you listen to it and answer the one I'm

       2   asking you, if you don't mind?

       3        A    I just answered your question.

       4        Q    The question is this.  In fact, first

       5   Officer Correa and then you left the position that you

       6   occupied and traveled into the street to place

       7   yourselves nose to nose with Mr. Minton, right?

       8        A    We don't occupy any position.  I can walk

       9   anywhere I like to on that street and so, yes, I

      10   walked over to Mr. Minton and told Mr. Minton to step

      11   out of the street and back on to the sidewalk.

      12        Q    Is that all that you said?

      13        A    That's all I recall saying, yes.

      14        Q    Was there any other subject matter that you

      15   discussed with him?

      16        A    Not that I recall, no.

      17        Q    Was there any other subject matter that

      18   Officer Correa discussed with you?

      19        A    I didn't talk to him.  Officer Correa did.

      20   You'll have to ask him.

      21        Q    Okay.  Well, let's explore that.  I'm going

      22   to start walking toward you and you tell the judge

      23   when I'm as far away from you as Officer Correa was

      24   when he said these things that I'm going to have to

      25   ask him about?


       1        A    I'd say in that vicinity.

       2        Q    Okay.  And you have good hearing

       3   bilaterally?

       4        A    My hearing is fine.

       5        Q    Okay.  And you have a clear recollection of

       6   these events?

       7        A    Roughly, yes.

       8        Q    Now, the fact of the matter is Mr. Minton

       9   did not approach you and Officer Correa, right?

      10        A    He did approach us because we were standing

      11   there and that's the area he worked so he did come to

      12   us.

      13        Q    Okay, walking down the street?

      14        A    Sure.

      15        Q    Okay.  You and while you may not think you

      16   have a position and it is a free county.  You have a

      17   position, right now.  You're sitting in the chair in

      18   the witness stand.

      19        A    Very good.

      20        Q    You left from the place where you were

      21   standing, first Officer Correa and then you and walked

      22   out into the street to place yourself within inches of

      23   Mr. Minton; isn't that correct?

      24        A    No, I would tell him -- yes, that is

      25   correct.


       1        Q    Thank you.

       2        A    Tell him to get back on the sidewalk.

       3        Q    Okay.  So the physical proximity was the

       4   result of your and Officer Correa's decision to step

       5   out into the street?

       6        A    No, for him standing in the street yelling

       7   and screaming.  If he wouldn't have done it I would

       8   have never had to make contact with him.

       9        Q    Okay.  And the basis for your interest in

      10   what you were doing was what?

      11        A    Safety to the public.

      12        Q    Okay.  And the public consisting of whom?

      13        A    Consisting of everybody; Mr. Minton and the

      14   church members.

      15        Q    Okay.  And which church members?

      16        A    Whoever might be coming and going at that

      17   time.

      18        Q    Okay.  But you've already told us that there

      19   might not have been any?

      20        A    There was Church security there.  I don't

      21   recall who all was standing there.

      22        Q    Well, the Church security was there because

      23   the Church security was videotaping all of this and

      24   walked out to the scene of this confrontation, right?

      25        A    I believe they walked away from Mr. Minton


       1   so they wouldn't be in violation of the injunction the

       2   way I understand it.

       3        Q    Interesting.  You don't remember the OSA

       4   security guard coming out into the street with his

       5   video camera to videotape you and Officer Correa

       6   shaking your fingers at Mr. Minton?

       7        A    I didn't shake my finger at nobody.

       8        Q    Officer Correa did, right?

       9        A    Better watch the videotape.  I didn't shake

      10   my finger at anybody.  If you're going to give me a

      11   question, give me a true one.

      12        Q    Okay.  So, I guess at this point based on

      13   your last answer we can assume that you have watched

      14   the videotape recently enough so that anything you say

      15   that differs from it is a knowing difference, right?

      16        A    I didn't watch the videotape.

      17        Q    Okay.  That just sprung to mind?

      18        A    What's that?

      19        Q    That just spring to mind?

      20        A    I know I didn't shake my finger at

      21   Mr. Minton.

      22        Q    Okay.  Officer Correa did, right?

      23        A    I don't know what Officer Correa did.

      24        Q    How close did you come to Mr. Minton?

      25        A    How close did he come to me?


       1        Q    How close did you come to Mr. Minton?

       2        A    We were within inches.

       3        Q    Any particular reason for that?

       4        A    No.

       5        Q    Just talking you need to be physically close

       6   to him?

       7        A    No, I was actually asking him to get off the

       8   street which is what normal citizens normally do when

       9   they're asked to do so by the police and he continued

      10   to stand there and yell.

      11        Q    Okay.  But of course at that point Officer

      12   Correa was standing immediately in front of them, four

      13   square, right?

      14        A    At that point in time I don't know where

      15   Officer Correa was.  That's when I was talking with

      16   Mr. Minton.

      17        Q    Okay.  Let's make sure we're real clear on

      18   what you're saying.  You're saying at the time you

      19   were standing within inches of Mr. Minton talking to

      20   him, you don't know where Officer Correa was?

      21        A    I don't know directly, no.

      22        Q    Okay.  So the answer is you don't know where

      23   he was?

      24        A    He was in the vicinity.  I don't know if he

      25   was behind me, to the right, to the left.


       1        Q    Okay.  But you do have a clear recollection

       2   of all this?

       3        A    Like I said, I wasn't worried about what

       4   Officer Correa was doing at that time.

       5        Q    You don't watch for you partner when their

       6   in a confrontation with somebody who's raising hell?

       7        A    I didn't think I was in a confrontation.

       8        Q    You didn't?

       9        A    No.

      10        Q    Okay.  Did you not tell me moments ago that

      11   Mr. Minton was agitated, that he was screaming and

      12   yelling?

      13        A    He was yelling at me, but I didn't see the

      14   problem -- there was no confrontation on my part.  He

      15   was yelling and screaming.

      16        Q    Okay.  And have you read that you're able to

      17   recall the portion of the injunction that prohibits

      18   walking in the street?

      19        A    Like I said, for public safety I was asking

      20   him to step on to the sidewalk.

      21        Q    Okay.  But his is hypothetical public

      22   safety, right?

      23        A    Anything could happen.  I don't want him

      24   standing out in the street and get hit by a car.

      25        Q    Okay, and of course the other thing was that


       1   like if a grain of sand were to fall like in a

       2   cartoon --

       3        A    Yes, anything is possible.

       4        Q    Okay.  Now, who was the Scientology security

       5   guard present that night?

       6        A    I believe that was Anthony; known to me as

       7   Antonio.

       8        Q    Antonio who?

       9        A    I don't know his last name.

      10        Q    Now, ordinarily when people who are believed

      11   associated with Lisa McPherson Trust come and go down

      12   Waterson Avenue, whatever security guard that's on

      13   duty makes a call on his radio or phone, right?

      14        A    I don't know what they do with their

      15   policies.  It's not my policy.

      16        Q    Okay.  Let me back up again and tell you I

      17   didn't ask anything about the policy.  What I asked

      18   you was it is correct, is it not, that the people who

      19   are believed to be affiliated with the Lisa McPherson

      20   Trust come and go down Waterson Avenue, whatever

      21   Scientology guard is stationed down there near you,

      22   pick up a telephone or radio and make a call, right?

      23        A    They normally talk on the radios quite

      24   often, yes.

      25        Q    Okay, and they normally do that among other 160

       1   times in specific conjunction with the appearance of

       2   people who are believed to be affiliated with the

       3   Trust, right?

       4        A    That has happened in the past.

       5        Q    Okay.  Who is it they're calling?

       6        A    I have no idea.

       7        Q    Okay.  If I correctly understand the sum of

       8   your testimony, it is that Tory Bezazian sat in

       9   Scientology's Santa chair, right?

      10        A    That is correct.

      11        Q    And Bob Minton walked in the street and

      12   yelled at you?

      13        A    That is correct.

      14            MR. MERRETT:  The public thanks you.

      15            THE COURT:  Thank you.

      16            MR. POPE:  Your Honor --

      17            THE COURT:  Time out.  Mr. Howie.

      18            MR. HOWIE:  May it please the court,

      19       I'll reserve cross until after Mr. Pope's

      20       motion.

      21            MR. POPE:  Your Honor, Mr. Merrett just

      22       made a totally gratuitous comment, the public

      23       thanks you or something like that.  I wonder

      24       if we could just raise the level of the

      25       examination in the room just a little bit.


       1       That's uncalled for.

       2            THE COURT:  The answer to your question

       3       is yes and I've noticed that might have a

       4       bearing on the emptiness of one's stomach.

       5       I'm well aware that we're into the lunch

       6       hour, but I would like to finish up with this

       7       officer we can and I'm going to ask everybody

       8       until you can get something to eat, don't try

       9       my patience.

      10            Mr. Howie, you're next.

      11                     CROSS-EXAMINATION

      12   BY MR. HOWIE:

      13        Q    Officer Harbert, have you had the

      14   opportunity view the videotapes taken either during

      15   the incident that you described with Tory Bezazian or

      16   with Mr. Minton?

      17        A    I have not completely viewed the videotape,

      18   no.

      19        Q    When you say you have not completely viewed

      20   them, have you viewed portions of them?

      21        A    I seen a fragment just to know that they had

      22   the videotape.  That's it.  I didn't pay any attention

      23   to what was on the videotape and did not watch them.

      24        Q    Under what circumstances did you see the

      25   fragment?


       1        A    I don't recall.  I believe someone had it.

       2   I know it was turned over to the department, the

       3   police department.  I don't remember if someone had it

       4   on their camera.  It might have been on security's

       5   camera.  I don't recall that.

       6        Q    What specific instant do you recall viewing

       7   the fragment of?

       8        A    All I see is Mr. Minton in confrontation

       9   with me, but it had no audio and like I said it was

      10   maybe two seconds worth.  I didn't watch anymore.

      11        Q    This would be the incident that you

      12   described in Waterson Street the night of January 7?

      13        A    That would be correct.

      14        Q    And the small fragment that you did see

      15   fairly and accurately depicted the incident as you

      16   recall it?

      17        A    Yes, sir.

      18        Q    Did you also see any portion of the

      19   videotape -- well, let me back up with a predicate.

      20   Were you aware that during your discussion with Tory

      21   Bezazian on December 8, 2000, that you and she were

      22   being videotaped at that time?

      23        A    No, I was not.

      24        Q    You did not observe a video camera to you?

      25        A    No, I did not.


       1        Q    Did you ever have an opportunity to view

       2   later on any segment of the videotape of that

       3   incident?

       4        A    Yes, I did.  I seen some video of, I believe

       5   she was leaving the chair and I was walking up to her.

       6   Like I dais, I don't believe I watch the whole video,

       7   just a very short fragment of the video.

       8        Q    Okay.  From what little you saw of the

       9   fragment of the video do you have reason to believe

      10   that that was taken from either a handheld or a fixed

      11   camera?

      12        A    I could not tell.  I couldn't be positive

      13   how it was taken.

      14        Q    Okay.  From what you observed of that

      15   fragment, could you tell whether the incident was

      16   filmed at a fairly close range, by which I mean say

      17   within 20 feet as opposed from across the street?

      18        A    No, it was from a distance.

      19        Q    Okay.  Again, under what circumstances did

      20   you review that videotape?

      21        A    There was a copy that was placed in the

      22   property, and like I said, I don't recall if I also

      23   viewed through my department or it might have been

      24   that security had a copy of the tape.  I believe is

      25   was through the Church security.


       1        Q    How exactly did you come to view this will

       2   segment?

       3        A    I think we took that inside and watched it

       4   inside the recorder just to see if it was what had

       5   taken place.

       6        Q    When you say we, who is --

       7        A    The security for the Church.

       8        Q    So you were shown this by security from the

       9   Church?

      10        A    Yes, I was.

      11        Q    And this was during the course of your

      12   employment as security for the Church?

      13        A    I'm employed by the City of Clearwater.  We

      14   subcontract with the church; that is correct.

      15        Q    Okay.  During your subcontract work for te

      16   church?

      17        A    Correct.

      18        Q    Likewise, both during these confrontations

      19   on the December 8 with Tory Bezazian and again on

      20   January 7 with Robert Minton, you were in fact

      21   employed in your subcontract capacity?

      22        A    Yes, sir.

      23        Q    You indicated to Mr. Minton on the Waterson

      24   Street incident on January 7 that he was subject to

      25   arrest for disorderly conduct; is that your testimony?


       1        A    I don't recall ever saying that to this him,

       2   no.

       3        Q    You did not indicate to him at anytime that

       4   he was subject to arrest?

       5        A    No, I did not tell him he would be arrested.

       6        Q    And did you ever inform him that his actions

       7   constituted disorderly conduct in violation of state

       8   law?

       9        A    I don't recall if I ever told him that he

      10   was violating at that time.  If he was violating I

      11   would have charged him accordingly and I didn't.

      12        Q    And you would have been able to charge him

      13   accordingly in your capacity as a Clearwater police

      14   officer?

      15        A    If he was violating the law, yes.

      16        Q    Okay.  In fact you did not do that?

      17        A    Correct.

      18        Q    And Mr. Minton was not taken into custody.

      19   He was free to leave at that time?

      20        A    Sure, he was.

      21        Q    Mr. Minton complied with your direction to,

      22   eventually complied with your direction to go back and

      23   stand on the east sidewalk of Waterson?

      24        A    Yes, he did.

      25        Q    At that time Mr. Minton did not have any


       1   kind of picket sign or protest sign in his hand, did

       2   he?

       3        A    They had signs.  I don't recall if he was

       4   holding one at the time or not.

       5        Q    From what you saw of the videotape, had

       6   Mr. Minton held a picket sign, that videotape would

       7   have depicted it?

       8        A    It should have.

       9        Q    Did Mr. Minton -- at any time when you

      10   observed Mr. Minton that night, not just in the street

      11   but on the sidewalk, did Mr. Minton appear to have a

      12   picket sign in his hands to your recollection?

      13        A    I do not recall that.

      14        Q    Did you have any further contact with

      15   Mr. Minton on January 7, that evening, other than this

      16   incident that you've just described?

      17        A    Nope.

      18            MR. HOWIE:  Thank you.  I don't have any

      19       further question?

      20            THE COURT:  Mr. Pope.

      21                    REDIRECT EXAMINATION

      22   BY MR. POPE:

      23        Q    Officer, you described the situation in

      24   which you and Mr. Minton were in close proximity and

      25   that he was yelling at you; is that correct?


       1        A    Yes, he was.

       2        Q    Tell us what it was he said to you?

       3        A    I was using profanities and told us we were

       4   working for the Church and we were church officers and

       5   he just screaming and the whole thing was just --

       6        Q    I mean what specifically did he say?  Do you

       7   remember the words he uttered?

       8        A    He was using the F-word and saying basically

       9   to F the police, that we worked for the Church.

      10        Q    Okay.  Did you consider that be fairly

      11   insulting commentary?

      12            MR. HOWIE:  Objection, Your Honor.

      13       Calls for a conclusion.  Speculation.

      14            THE COURT:  Overruled.

      15            THE WITNESS:  Yes, I did.

      16            MR. POPE:  Thank you.  That's all I

      17       have.

      18            THE COURT:  All right.  Can we excuse

      19       the officer?

      20            MR. POPE:  We can.

      21            MR. MERRETT:  I have some brief recross

      22       based on the matter that have just been

      23       opened up.

      24            THE COURT:  Within the scope.

      25            MR. MERRETT:  Yes, sir.


       1            THE COURT:  Please.

       2                    RECROSS-EXAMINATION

       3   BY MR. MERRETT:

       4        Q    All these conversations involving Mr. Minton

       5   began with him essentially making a circle out into

       6   the street and pointing at you all telling you to stay

       7   away from him, right?

       8        A    Correct.  He kept saying that we were

       9   violating the injunction.

      10        Q    Okay, but it started with him, if you heard

      11   what Mr. Howie asked, it was more of him coming out in

      12   the street pointing his finger at you saying you guys

      13   stay away from me?

      14        A    Yeah.  Like I said, he was yelling and

      15   screaming.

      16        Q    And in the context of doing that I think you

      17   just testified that he accused you of standing where

      18   you were standing because Scientology was paying you

      19   22 bucks an hour for working for Scientology, right?

      20        A    That's right.

      21            MR. MERRETT:  Nothing further.

      22            THE COURT:  Mr. Howie.

      23            MR. HOWIE:  Nothing further, Your Honor.

      24            THE COURT:  All right.  Let me see if I

      25       understand is this now.  You observe


       1       Mr. Minton walking down Waterson in a

       2       southerly direction was he at the time

       3       yelling or saying anything to anybody from

       4       the church?

       5            THE WITNESS:  He was yelling profanities

       6       that way.  I believe there were people when

       7       he first got there, Your Honor, there were

       8       people getting off the of bus.

       9            THE COURT:  Okay.  You told me -- okay,

      10       there were people getting off the bus.  Okay.

      11       You said there were some vans and stuff

      12       parked there also?

      13            THE WITNESS:  Yes, there was.

      14            THE COURT:  So you walked out in the

      15       street to hey, could you get over here on the

      16       sidewalk?

      17            THE WITNESS:  He was screaming, yelling

      18       that we're f-ing in violation.

      19            THE COURT:  Okay.  Thank you.

      20            THE WITNESS:  We told him to get back on

      21       the sidewalk, that we weren't going to let

      22       him to carry on in the street.

      23            THE COURT:  Got it.  Thank you very

      24       much.  All right can we excuse the officer?

      25            MR. MERRETT:  Your Honor, I do have a


       1       couple questions I need to ask based on the

       2       court questions?

       3            THE COURT:  Okay.  You may, sir, within

       4       my scope.

       5                    RECROSS-EXAMINATION

       6   BY MR. MERRETT:

       7        Q    Yes, sir.  I just want to make it really

       8   clear that you've raised you hand and swore to God

       9   that you're telling is the truth and you're saying

      10   there were people coming off that bus when you came

      11   down the street?

      12        A    I said I believe initially there were people

      13   coming off the bus, yes, sir.

      14        Q    Okay.  Are you testified that there were

      15   people from Scientology coming off the bus or in the

      16   street at that time, yes or no?

      17        A    There were people coming off the bus when he

      18   came down the street.

      19        Q    Okay.

      20        A    At some point in time.  I don't know what

      21   point in time you're being specific to.

      22        Q    Im talking about the night that you've been

      23   testifying to?

      24        A    There had been people coming off the bus,

      25   yes.


       1        Q    Okay.  How long before Mr. Minton reached

       2   your position?

       3        A    It was in the same proximity of time.  I

       4   can't give you an exact.

       5        Q    So what you're telling me is if we look at

       6   the videotape and it shows Mr. Minton coming down the

       7   street and there is a bus in the background, we're

       8   going to see people coming of the bus?

       9        A    The to best of my recollection there were

      10   people coming off the bus, yes.

      11        Q    And you do have a clear recollection of

      12   that.

      13        A    I believe there were people in that vicinity

      14   at some time that night yes.

      15        Q    Well, now wait a minute.

      16        A    During that incident there were people in

      17   the area.

      18        Q    Okay.  There were what people?

      19        A    There were Church members coming off the

      20   bus.

      21        Q    Okay.

      22        A    Off a bus or a van.  I don't recall exactly

      23   what because I was watching traffic, I'm watching

      24   Mr. Minton, I'm watching the protesters to make sure

      25   everybody does what they're supposed to and nothing i


       1   instigated.

       2            THE COURT:  Let me just try some here.

       3       When you say coming off or get off or

       4       something, you mean unloading?

       5            THE WITNESS:  Unloading, yes, sir.  I'm

       6       sorry.

       7            THE COURT:  Is that what we're taking

       8       about?

       9            MR. MERRETT:  I believe so, Your honor.

      10            THE COURT:  All right.

      11   BY MR. MERRETT:

      12        Q    But the fact is that you're not telling us

      13   that you remember that at all, are you?

      14        A    I'm saying there were people there at that

      15   time during that incident.

      16        Q    There being where?

      17        A    On Waterson.

      18        Q    Okay.  Were they between bus and --

      19        A    I believe they were unloading off the bus,

      20   yes.

      21        Q    Okay.  Well --

      22        A    There was a bus there so obviously people

      23   must have gotten off of it and believing that

      24   timeframe there were people leaving the bus, yes.

      25        Q    It is your testimony that at the time of


       1   these events when Mr. Minton was coming down the

       2   street yelling there were people exiting through the

       3   door of the bus?

       4        A    Somebody did, correct.

       5            MR. MERRETT:  Okay.  Thank you very

       6       much.

       7            THE COURT:  Mr. Howie?

       8            MR. HOWIE:  Your Honor, again within the

       9       scope of your questions.

      10            THE COURT:  Please, sir.

      11                    RECROSS-EXAMINATION

      12   BY MR. HOWIE:

      13        Q    Officer Harbert, do you recall verbatim what

      14   it was Mr. Minton was saying before you confronted him

      15   in the street?

      16        A    I don't recall verbatim, no.  He was very

      17   upset and yelling and screaming.

      18            MR. HOWIE:  Okay.  Thank you.  No

      19       further questions.

      20            THE COURT:  Okay.  Mr. Pope, anything?

      21            MR. POPE:  Nothing, Your Honor.

      22            THE COURT:  All right.  Gentlemen, may

      23       we please excuse the officer now?

      24            MR. POPE:  You may.

      25            THE COURT:  Mr. Merrett?


       1            MR. MERRETT:  Yes, sir.

       2            THE COURT:  Officer, thank you very

       3       much.  You are free to.  All right, we're

       4       going to go the lunch.

       5            This is a good time to take a break.  Be

       6        back at 2:25 and the courtroom will be

       7        locked during the lunch hour unless, only

       8        attorneys, only attorneys during the lunch

       9        hour will I allow in here and -- excuse me.

      10            Mr. Feathers, do we have a problem out

      11        there?

      12            THE BAILIFF:  They're speaking out loud,

      13       sir.

      14            THE COURT:  Bring the two of them

      15       forward.  Everybody else sit down.  Could I

      16       have your names?

      17            MR. WARD:  My name is Grady Ward, Your

      18       Honor.

      19            THE COURT:  Okay.  And your name, sir?

      20            MR. PETERSON:  Robert Peterson.

      21            THE COURT:  Okay.  All right.  Let me

      22       ask both of you, where are we today?

      23            MR. PETERSON:  We are in your courtroom,

      24       Your Honor.

      25            THE COURT:  You have any questioned


       1       about that?

       2            MR. PETERSON:  No, Your Honor.

       3            THE COURT:  How about you?

       4            MR. WARD:  We're in your courtroom, Your

       5       Honor, and should observe the decorum in the

       6       courtroom.

       7            THE COURT:  Can I trust you to continue

       8       to do that or please and no more problem?

       9            MR. WARD:  Yes, Your Honor.

      10            THE COURT:  Now, let me make it clear to

      11       everybody in this courtroom.  Please,

      12       remember where we're at.  We're here today on

      13       some serious business and everybody is

      14       represented by attorneys.  I know you're

      15       probably paying top dollar because you've got

      16       AV lawyers.  Now, if you don't know what that

      17       means ask the lawyers.  And I'm sure they

      18       won't be bragidocious when they tell you but

      19       that's the top, that's the best rating you

      20       can get and that only comes -- there are only

      21       a few people authorized to make that

      22       recommendation to the Martindale-Hubble who

      23       does that.

      24            Now, if have you any other questions

      25        about what you need to do, please ask my


       1        bailiffs.  But so there is no doubt about

       2        who works for whom around here, the bailiffs

       3        work for me when they're in my courtroom.

       4        So if they have any problems, I got a

       5        problem.  Have you good lunch everybody.

       6             (A luncheon recess took place after which

       7        the proceedings continued.)

       8                      End of Volume I