Mr. David Miscavige

February 4, 1999

Page 2

need be immediately dismissed. You were willing to accept Pre-Trial Intervention on the lesser felony of practicing medicine without a license, which, if successfully completed, would result in dismissal of that charge as well. After reflection, I also rejected that offer, and thoughtfully considered whether I should make a counter proposal. Ultimately, I decided not to do so.

reasonable proposals to resolve the pending criminal charges against the Church of Scientology Flag Service Organization, Inc. However, you have made it apparent that you will not consider any resolution except one that ensures that all charges are ultimately dismissed. Dismissal is not a proposal that we consider reasonable for a number of factors including our view of the seriousness of the underlying conduct. Therefore, until such time as a significantly different offer is on the table, I do not believe additional meetings would serve any purpose. I do not intend to become involved in repeated “bargaining” sessions, or make counteroffers that your inflexible position would mandate that you refuse, unless some area of common ground first appears.

 

As is apparent, our office disagrees with your assessment of the applicability and effect of the Florida Religious Freedom Restoration Act on the instant charges. We are somewhat surprised that your letter and the letter/memorandum from Williams & Connelly continue to suggest that corporate charges with a maximum of $15,000 in fines are more onerous upon the “Church” as an entity, than imprisonment of high level, long time officials or corporate employees. (The use of quotation marks is not meant as disparagement but to distinguish the collective group of adherents to which you refer from the local corporation with which you claim no legal affiliation.).

 

You have not suggested that the actions of “Flag” employees (which underlie the charges of culpable negligence and the illegal practice of medicine) were mandated by the religious doctrine or practices of Scientology; indeed your letter suggests that the Scientology practices were contravened. Nor have you suggested that completion of the prosecution will in any way impede any adherent’s ability to believe what they wish or attend sessions at the Clearwater facilities as they see fit. Rather, you suggest that the embarrassment of other adherents