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13 April 2000:
CST Legal Papers 12 Mitchell Affidavit
Date: 13 Apr 2000 08:58:46 -0000 From: Anonymous-Remailer@See.Comment.Header (Legal Archives) Subject: CST Legal Papers 12 Mitchell Affidavit Newsgroups: alt.religion.scientology Message-ID: <39B554D3DCF@127.0.0.1> NOTES: 1. This is an Affidavit of Truth executed by Stephen Mitchell on 20 November 1997. The Affidavit was posted on the internet, date unknown. Stephen Mitchell has recently filed an appeal in a libel suit against the CORPORATION known as "Church of Spiritual Technology" (CST). CST is referenced in this Affidavit. 2. The Affidavit was apparently written as a result of a letter or FAX to Mitchell from attorney William M. Hart (of law firm Paul, Hastings, Janofsky & Walker LLP), but names other interested parties, including David Miscavige, Sherman Lenske, Lyman Spurlock, and Guillame LeSevre. 3. The Affidavit addresses differences in various versions of the book "New Slant on Life," and demands a response to each and every paragraph of the Affidavit, with the challenge: "Any statement of fact contained hereinabove that is not contradicted by direct response, sworn under penalty of perjury, shall stand as true and uncontested," going on to say that "...lack of said response, sworn under penalty of perjury...shall constitute an estoppel in pais for every statement of fact...hereinabove, and shall debar respondent from gainsaying or denying the uncontested truth of any statement of fact...hereinabove." 4. Interesting note: Attorney Hart apparently put the actual Client Numbers for his clients Religious Technology Center (RTC) and Bridge Publications, Inc. (BPI) in his FAX/letter. The document speaks for itself: ==================================================================== AFFIDAVIT OF TRUTH William M. Hart, of the law firm Paul, Hastings, Janofsky & Walker LLP, hereinafter "respondent." And other interested parties, David Miscavige, Chairman of the Board of Religious Technology Center; Sherman Lenske, Special Director of Church of Spiritual Technology; Lyman Spurlock, last known as President of Church of Spiritual Technology; John Doe #1, Executive Director of Bridge Publications, Inc.; and Guillaume LeSevre, Executive Director of Church of Scientology International. 1. WHEREAS, respondent Hart concedes that there are no fewer than two separate and distinctly different editions of "A New Slant on Life"--a.k.a. "Scientology A New Slant on Life," a.k.a. "Scientology: A New Slant on Life," a.k.a. "A New Slant on Life / L. Ron Hubbard"--and, further, 2. WHEREAS, the 1988 edition bears a separate and distinctly different identifying ISBN from the 1965 edition, and, further, 3. WHEREAS, the 1988 edition bears no cite to the 1965 edition copyright, and, further, 4. WHEREAS, the 1997 edition bears cite to the 1988 edition copyright information, and bears an ISBN identical to the ISBN of the 1988 edition, and, further, 5. WHEREAS, respondent Hart concedes that the "1965 edition of that work...was written by Mr. Hubbard," and, further, 6. WHEREAS, the cover and dustjacket of the 1965 edition bear the unequivocal statement, "by L. Ron Hubbard," and, further, 7. WHEREAS, respondent Hart concedes that the 1988 edition is a "new edition," as defined in the "Editor's Foreword" printed in that edition, and, further, 8. WHEREAS, the 1988 "new edition" does not, anywhere, bear the unequivocal statement, "by L. Ron Hubbard," and, further 9. WHEREAS, respondent Hart concedes that the 1988 "new edition" contains "new matter," and, further, 10. WHEREAS, respondent Hart concedes that the 1988 new edition "includes...text...by the Church of Scientology International," and, further, 11. WHEREAS, the 1988 new edition contains text, other than the editor's foreward, that is authored by persons other than L. Ron Hubbard, and, further, 12. WHEREAS, certain text, other than the editor's foreword, in the 1988 new edition includes revisions to, and re-writes of, text taken from L. Ron Hubbard's original 1965 edition, and, further, 13. WHEREAS, the revisions and re-writes established in [Paragraph] 12 hereinabove are in no way segregated from L. Ron Hubbard's original 1965 text, and are in no way identified or identifiable as to authorship, but, indeed, would appear, to any reasonably prudent person, to be an integral part of L. Ron Hubbard's original text, and, further, 14. WHEREAS, those revisions and rewrites, as established in [Paragraphs] 12 and 13 hereinabove were not written by L. Ron Hubbard, and, further, 15. WHEREAS, the Library of Congress lists "Church of Scientology, employer for hire" in the AUTH (author) datafield for the 1988 new edition, and, further, 16. WHEREAS, the words "Church of Scientology" do not appear anywhere on cover or dustjacket of the 1988 new edition, or the 1988-1997 new edition, in any way that could be perceived or understood, by a reasonbly prudent person, as representative of authorship, and, further, 17. WHEREAS, the 1988 new edition, and the 1988-1997 new edition, hereinafter "new editions," are absent eight (8) chapters which were written by L. Ron Hubbard, and which appeared in the original 1965 edition, and, further, 18. WHEREAS, the new editions contain no mention of the eight (8) missing chapters, and, further, 19. WHEREAS, neither of the new editions are identified anywhere on covers or dustjackets as "revised editions," or "abridged editions," and, further, 20. WHEREAS, respondent Hart concedes that the 1988 new edition was prepared "based upon....L. Ron Hubbard writings," which is clearly and inarguably not the same as being L. Ron Hubbard writings, and, further, 21. WHEREAS, the Library of Congress does not list "L. Ron Hubbard" in the AUTH (author) datafield for the 1988 new edition, and, further, 22. WHEREAS, respondent Hart concedes that "the name 'L. Ron Hubbard' was incorporated into the title" in the actual certificates filed with the U. S. Copyright Office for the 1988 new edition, and is not simply a mistake in the abstracts, and, further, 23. WHEREAS, so incorporating the name "L. Ron Hubbard" into the title enables "misrepresentations as to authorship," and, further, 24. WHEREAS, L. Ron Hubbard, in Hubbard Communications Office Policy Letters, hereinafter "HCO PLs," specifically forbade any misrepresentations as to authorship of his works, declaring, "The field and public must not be led to believe that I have written or issued things I have not," and, further, 25. WHEREAS, L. Ron Hubbard, the man and the author, did not issue the new editions, which have text authored by unknown others, and which have had eight (8) chapters removed, and, further, 26. WHEREAS, the Church of Scientology International, Bridge Publications, Inc., and the Religious Technology Center are legally bound to uphold and abide by HCO PLs, and, further, 27. WHEREAS, the words "L. Ron Hubbard" appear prominently on the covers and dustjackets of the new editions in a position and size that would be construed by any reasonably prudent person to represent sole authorship by L. Ron Hubbard, and, further, 28. WHEREAS, the words "L. Ron Hubbard" and "Hubbard" are currently registered trademarks under the control of Religious Technology Center, hereinafter "RTC," and, further, 29. WHEREAS, respondent Hart--on a document dated November 14, 1997, and identified as a FAX cover sheet, with the identifying number "No. 703 P001"--states CLIENT NAME to be RTC (Religious Technology Center), and states CLIENT # to be 24437.00600, and, further, 30. WHEREAS, the publisher of the new editions of "A New Slant on Life" is Bridge Publications, Inc., and, further, 31. WHEREAS, respondent Hart--on a document dated November 14, 1997, and identified as the first page of a letter to Affiant, VIA FACSIMILE, with the identifying number "No. 703 P002," and with further identification as "FILE NO. 24437.00600," and headed, "Re: 'A New Slant on Life'"--states, "This firm is intellectual property litigation counsel to Bridge Publications, Inc.," and, further, 32. WHEREAS, both RTC and Bridge Publications, Inc. are indispensible to, and are each and both principals in the advertising, and in the final marketed presentation of the new editions of "A New Slant on Life," and, further, 33. WHEREAS, respondent Hart represents himself as counsel to both parties, and, further, 34. WHEREAS, the advertising and the final marketed presentation of the new editions of "A New Slant on Life" would lead any reasonably prudent person to believe that L. Ron Hubbard was the sole author, and, further, 35. WHEREAS, the new editions are edited, abridged, and revised, and, further, 36. WHEREAS, the words "edited," "abridged," or "revised" are present nowhere in the advertising, marketing, or outward presentation of the new editions, and, further, 37. WHEREAS, the trademark "L. Ron Hubbard" is featured prominently on the covers and dustjackets of the new editions in a place and manner most likely to lead any reasonably prudent person to believe that L. Ron Hubbard was the sole author, and, further, 38. WHEREAS, the Church of Spiritual Technology, is, by assignment, the current holder of the copyrights to the new editions, and, further, 39. WHEREAS, the Church of Scientology International, the Religious Technology Center, the Church of Spiritual Technology, and Bridge Publications, Inc. have all had, at all relevant times, implied and actual notice of all the foregoing, and, further, 40. WHEREAS, neither Church of Scientology International, Religious Technology Center, Church of Spiritual Technology, nor Bridge Publications, Inc., have taken any action to correct or rectify any of the foregoing, and, further, 41. WHEREAS, respondent Hart, representing, as counsel, both RTC and BPI, has characterized the foregoing as "baseless allegations," even while conceding many of the points contained hereinabove, and, further, 42. WHEREAS, respondent Hart, representing, as counsel, both RTC and BPI, has issued threats to the Affiant of "substantial legal consequences" for the dissemination of the incontrovertible facts contained hereinabove, and, further, 43. WHEREAS, Affiant avers that all the foregoing is true and accurate to the best of his knowledge and belief, THEREFORE, 44. Notice is hereby given that Affiant demands a response within ten (10) days, from respondent, sworn under penalty of perjury, to each and every statement of fact in [Paragraphs] 1 through 43 hereinabove. A response, sworn under penalty of perjury, that contradicts any one of the statements of fact in any of [Paragraphs] 1 through 43 hereinabove shall have no bearing on any other statement of fact contained in any other [Paragraph] hereinabove. Any statement of fact contained hereinabove that is not contradicted by direct response, sworn under penalty of perjury, shall stand as true and uncontested. 45. Notice is hereby given that lack of said response, sworn under penalty of perjury, by respondent shall be construed as willful bad faith on the part of respondent in regard to all matters referenced in [Paragraphs] 1 through 43 hereinabove. 46. Notice is hereby given that lack of said response, sworn under penalty of perjury, by respondent shall constitute an estoppel in pais for every statement of fact in [Paragraphs] 1 through 43 hereinabove, and shall debar respondent from gainsaying or denying the uncontested truth of any statement of fact in [Paragraphs] 1 through 43 hereinabove. 47. Affiant specifically reserves to himself his sovereign and inalienable rights to communicate the incontroverted facts contained in [Paragraphs] 1 through 43 hereinabove to anyone of his choosing, including any person whose life, liberty, or pursuit of happiness may be adversely affected by an unawareness of the facts contained in [Paragraphs] 1 through 43 hereinabove, and reserves to himself all rights and remedies that are his under God and under law, whether express or implied. Further, Affiant Saith Not. Subscribed and sworn to this 20th day of November in the year 1997 (Signature of Stephen Mitchell) [L.S.}__________________________________SEAL My Hand and Mark as Subscriber California state ) )ss. Los Angeles county ) On this 20th day of November 1997, before me, Trisha Welsh, Notary Public, personally appeared Stephen Mitchell personally known to me or proved to me on the basis of satisfactory evidence to be the man whose name is subscribed within the instrument, and Stephen Mitchell acknowledged to me that he executed the same and that by his mark and seal on the instrument, Stephen Mitchell executed the instrument. Purpose of Notary Public is for administering oath and/or identification and cannot be construed as representing any entrance into a foreign jurisdiction. (Signature--Trisha Welsh) ________________________________________ Notary Public |