Author Topic: The Desmond Family v. Narconon of Georgia, Narconon International, et al  (Read 238539 times)

Offline ethercat

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Yes, I can't imagine that Martin Cohen would be very friendly toward Mary Rieser and/or Narconon of Georgia, although stranger things have happened.  If he is, though, I have confidence that Jeff Harris, Rebecca Franklin, or one of the others will be able to pull some good info out of him.   :D

I think we'll be getting some answers soon about the protective order and some of the other filings.   ;)

Also, I'm just going to add a pointer here to this other thread: DCH investigation of Narconon of Georgia and its own internal investigation, since some of the documents from the Desmond case have been influential in getting DCH to investigate Narconon of Georgia more thoroughly.

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Offline ethercat

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Happy New Year, everyone!  You know we couldn't let the holidays go by without another "dox dump", so here we are:

These first 2 are transcripts of Motions Hearings that were held back in the spring of 2012 that, for some reason, we were unable to get right after they had been filed.  They make for very entertaining reading, and it's quite apparent in them that Narconon isn't getting over on Jeff Harris, in any way.  Enjoy them; they will take a while to read.

Everything has been OCR'ed, so feel free to copy and paste portions along with your comments as you read:

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-04-16-TranscriptOfMotionsHearingOn2012-03-23.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-04-16-TranscriptOfMotionsHearingOn2012-04-05.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-09-07-NNIsResponseToCourtOrderEnteredAugust23-2012.pdf



Some of this stuff is old news, but we just got the media condensed version of it before, so here's the extended version if you're interested in the "rest of the story the media didn't tell".

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-09-11-NNIsEmergencyMotionToHaveExhibitBWithdrawnAndFiledUnderSeal.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-09-12-NNGsEmergencyMotionAndIncorporatedBriefInSupportThereofToHaveExhibitBWithdrawnAndFiledUnderSealAndProtectDocumentsRecentlyProducedPursuantToCourtOrderUnderSeal.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-09-14-NNGsMotionForTimeToReplyToPlaintiffsProposedOrderAndSupplementalFilingInSupportOfPlaintiffsMotionForSanctionsAgainstNNG.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-09-24-NNGsObjectionsInOppositionToPlaintiffsProposedFindingsOfFact.pdf

This is the transcript from the hearing a few of us attended and discussed, back on page 8 of this thread:
http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-10-08-TranscriptOfMotionsHearingOn2012-07-19.pdf


http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-10-29-PlaintiffsMotionForSanctionsAgainstNNI.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-10-30-PlaintiffsMotionForACommissionToTakeAnOutOfStateDeposition.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-10-31-PlaintiffsMotionForSanctionsAgainstNNI.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-10-31-PlaintiffsMotionToCompelAgainstNonParty.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-11-05-OrderForSanctionsAgainstNNG.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-11-06-NNGsRequestForCertificateOfImmediateReview.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-11-06-OrderForCommissionToTakeDeposition.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-11-07-LetterFromJeffreyHarrisToJudgeHydrick.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-11-15-OrderForHearing.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-11-16-NoticeOfDepositionOfMaryColleenDesmond.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-11-16-NoticeOfDepositionOfPatrickCDesmond.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-11-16-Rule52-NNIsResponsesToPlaintiffs1stRequestsForAdmissions.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-11-26-PlaintiffsMotionForProtectiveOrder.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-04-NNGsMemorandumOfLawInSupportOfItsMotionForJudgementOnThePleadingsOrInTheAlternativeMotionForSummaryJudgementOrPartialSummaryJudgement.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-04-NNGsRequestForFilingOriginalDiscovery.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-04-NNGsRequestForOralHearing.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-04-NNGsStatementOfMaterialFactsAsToWhichThereIsNoGenuineIssueToBeTried.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-04-NNGsStatementOfTheoriesOfRecovery.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-05-NNIsBriefInOppositionToPlaintiffsMotionForDiscoverySanctions-ExhibitB-Emails.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-05-NNIsBriefInOppositionToPlaintiffsMotionForDiscoverySanctions-ExhibitC-AffidavitOfClaudiaArcabascio.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-05-NNIsBriefInOppositionToPlaintiffsMotionForDiscoverySanctions-ExhibitE-AffidavitOfMaryRieser.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-05-NNIsBriefInOppositionToPlaintiffsMotionForDiscoverySanctions-ExhibitF-AffidavitOfXochitlOrlandi.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-05-NNIsBriefInOppositionToPlaintiffsMotionForDiscoverySanctions-ExhibitG-AffidavitOfGabriellaHutchinson.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-05-NNIsBriefInOppositionToPlaintiffsMotionForDiscoverySanctions-ExhibitsH-I.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-05-NNIsBriefInOppositionToPlaintiffsMotionForDiscoverySanctions.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-06-AffidavitOfClarkCarr.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-06-AffidavitOfMariaDelgado-Webb.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-06-NNIsBriefInSupportOfItsMotionForJudgementOnThePleadingsOrInTheAlternativeForSummaryJudgementOnAllClaimsAndMotionToDismissForLackOfPersonalJurisdiction-Pg28-Missing.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-06-NNIsMotionForJudgementOnThePleadingsOrInTheAlternativeForSummaryJudgementOnAllClaimsAndMotionToDismissForLackOfPersonalJurisdiction-Pg28-Missing.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-06-NNIsRequestForOralArgument.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-06-NNIsStastementOfTheoriesOfPlaintiffsNon-Recovery.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-06-NNIsStatementOfMaterialFactsAsToWhichThereIsNoGenuineIssueToBeTried.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-06-NoticeOfAppearance.pdf

This one is important because it says that the hearing scheduled for January 4 has been postponed until January 17, and I assume is to be included with this hearing scheduled on the same day.  10am in the Epic and Honorable Judge Hydrick's Courtroom 2A.
http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-11-NoticeOfHearing.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-12-NonPartyChuckClarkesObjectionToAndMotionToQuashPendingSubpoenaAndBriefInSupport.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-21-NNIsOppositionToPlaintiffsMotionForProtectiveOrderOrMotionInLimine.pdf

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-12-21-Rule52-PlaintiffsNoticeToTakeVideotapedDepositionOfMartinCohen.pdf
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Offline Mary_McConnell

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Thank you!! *S*(*oo

(Like you didn't have enough to do this last week!!   \--O--/ )
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline ethercat

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(Like you didn't have enough to do this last week!!   \--O--/ )

Oh, yeah.  I would say I need a vacation, but that's what I just had.  My job will seem like the vacation after the past couple of weeks. 

 ===|8OOOo
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Offline snippy

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Bless you, ec.

Offline Mary_McConnell

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(Like you didn't have enough to do this last week!!   \--O--/ )

Oh, yeah.  I would say I need a vacation, but that's what I just had.  My job will seem like the vacation after the past couple of weeks. 

 ===|8OOOo

 \*/
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Offline Mary_McConnell

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This one's a doozie! The Church of Scientology Director of Special Affairs Deb Danos not complying with production of records, letter to judge about it, and Rick Moxon as the attorney representing her not getting back about particulars. Includes a list of dox plaintiffs want, lol
http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-10-31-PlaintiffsMotionToCompelAgainstNonParty.pdf

I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline Witnessman

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The local Atlanta Church of Scientology, with the orchestration of long-time Scientology scrubber Moxon, refuses to participate in the judicial process, fails and refuses to respond to counsel, fails and refuses to respond to a Motion to Compel ... this should go over really well with the Judge.

And NNINT opposes sanctions based on the sworn testimony of unrepentant confirmed liar Mary Rieser that the extraordinarily detailed and comprehensive Things That Shouldn't Be memo was never even sent to NNINT, and the box of docs was of course not sent either ... Oh Yeah, that is some rock solid evidence that the Judge will certainly find very highly believable.

As for big shot lawyer Jay Bennett and 2 of his partners from jumping into the case 9 weeks before trial, WTF is up with that?  Musical chairs, Hail Mary, or Flailing in Quicksand?  And filing half a forest of paper. And wanting a continuance of the trial too! This is all way just way too much more of seriously bizarre stuff that again can hardly be looked upon with favor by a Judge who has already made it clear that she had more than enough of all the stupid Scientology litigation gamesmanship.

Offline CoolHand

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My guess is they're making arrangements to go ahead and shut down soon and simply trying to stall while they gather a new Executive Director, location, Board, etc. and file for new corp. status, just like they did in Michigan when Narconon Stone Hawk closed and re-opened as Narconon Freedom Center.

Not sure what Narconon International will do, though, other than ask for a chunk of change from the church of Scientology to cover the damages awarded.  They won't be allowed to fold like Mary Rieser will be forced to do.

Offline Mary_McConnell

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The local Atlanta Church of Scientology, with the orchestration of long-time Scientology scrubber Moxon, refuses to participate in the judicial process, fails and refuses to respond to counsel, fails and refuses to respond to a Motion to Compel ... this should go over really well with the Judge.

And NNINT opposes sanctions based on the sworn testimony of unrepentant confirmed liar Mary Rieser that the extraordinarily detailed and comprehensive Things That Shouldn't Be memo was never even sent to NNINT, and the box of docs was of course not sent either ... Oh Yeah, that is some rock solid evidence that the Judge will certainly find very highly believable.

As for big shot lawyer Jay Bennett and 2 of his partners from jumping into the case 9 weeks before trial, WTF is up with that?  Musical chairs, Hail Mary, or Flailing in Quicksand?  And filing half a forest of paper. And wanting a continuance of the trial too! This is all way just way too much more of seriously bizarre stuff that again can hardly be looked upon with favor by a Judge who has already made it clear that she had more than enough of all the stupid Scientology litigation gamesmanship.

Great summary, Witnessman!!

I think Jay Bennett and the other were brought in as a last ditch attempt when it occurred to NN Int that they couldn't bullshit their way through this anymore and had to spring for their own attorney. As well, NN Int seems to think they have no alternative but to put the blame on Mary Rieser now. What better way to do that than to get better attorneys like those from Alston & Bird LLP, than the rinky dink firm they shared before.
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline Witnessman

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Previously, the Carlock Copeland firm with partner David Root as lead counsel had substituted for Drew Eckl, which as you note obviously had a conflict of interest representing both NNGA and NNINT.

The thing about silk stockinged Alston & Bird jumping in is it smells of rank desperation on the part of Scientology and an unseemly love of filthy lucre on the part of AB.  As to the latter, I mean, how many zeros had to be on that retainer check for this supposed bastion of legal propriety to sell out and dive into the Scientology sewer of evil?

Offline Mary_McConnell

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Previously, the Carlock Copeland firm with partner David Root as lead counsel had substituted for Drew Eckl, which as you note obviously had a conflict of interest representing both NNGA and NNINT.

The thing about silk stockinged Alston & Bird jumping in is it smells of rank desperation on the part of Scientology and an unseemly love of filthy lucre on the part of AB.  As to the latter, I mean, how many zeros had to be on that retainer check for this supposed bastion of legal propriety to sell out and dive into the Scientology sewer of evil?

 ;D
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Offline AnonLover

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Ohhhhh my goodness! Dox delirium! i haz sum.

Offline Mary_McConnell

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Ohhhhh my goodness! Dox delirium! i haz sum.

Hey, AL, glad to see you here!! Yes, lotsADox!
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline mefree

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Ohhhhh my goodness! Dox delirium! i haz sum.

Enjoy! ||||9000||||
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Offline SocialTransparency

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http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-10-31-PlaintiffsMotionToCompelAgainstNonParty.pdf

  :D^This, this,this,this!^ :D

 On another note,the Januray 4th hearing being postponed until thursday January 17th.How apropos. ;D

I seem to recall Scientology of Georgia,s DSA Deb Danos being a pal of Rex Fowler. If some are not aware, ole Rex, an OT 7 or sumthin is now serving life in prison for the murder of a member of his software company.

http://www.skeptictank.org/gs/sci413.htm

Quote

From news.interserv.net!news.sprintlink.net!howland.reston.ans.net!ix.netcom.com!netcom.com!janda Thu Sep 14 09:44:39 1995
Newsgroups: alt.religion.scientology
Path: news.interserv.net!news.sprintlink.net!howland.reston.ans.net!ix.netcom.com!netcom.com!janda
From: janda@netcom.com (Keith "Justified And Ancient" Cochran)
Subject: Thoughts on the picket... (Boulder)
Message-ID: <jandaDEp4D0.65@netcom.com>
Organization: NETCOM On-line Communication Services (408 261-4700 guest)
Date: Sun, 10 Sep 1995 15:29:24 GMT
Lines: 54
Sender: janda@netcom5.netcom.com

(1) It is imperitive that one person have a laptop and printer at each
    of the suceeding pickets.  Deb Danos made a comment along the lines
    of "Somebody else wrote up the fair game policy; Hubbard rescinded
    it".  I wanted to ask her why the Copyright Office listed Hubbard
    as the author, but didn't have the copyright numbers, etc handy.
    I ran into a couple of other situations like that.

(2) I finally met some practicing members of Scientology yesterday.  The
    OTIII said something about "I don't need to read that; I'm OTIII"
    as she went running out of the area.  There was a person who claimed
    to be OTVI, and working on OTVII, but I didn't get to speak with her.

(3) I asked Deb Danos if she thought a post containing six lines from
    OTVII could be cancelled by the cult.  She said "yes".  Deb also
    mentioned that the cancellations has been brought up in court Friday,
    but she didn't mention any details.

(4) I pity the Scientologists I met.  Deb was high-strung, and seemed to
    me to be extremly nervous.  Anderson seemed to be alert, but I felt
    that he was out there because he was afraid somebody was going to
    fuck up, not that he was out there for fun.  He spent a lot of time
    hanging around behind Deb.

(5) Is Boulder/Boston the only sites that had implants?  Our implant
    had a sign that read something like "We support lawlessness and
    terrorism on the Internet".  Now this is a gentleman (He introduced
    himself as "Bob") I pity.  I walked up to him and asked "Do you
    really think you're fooling anybody?"  I figured he would smile,
    laugh, make a small joke, or something.  He just said "No, I'm
    playing the cynical picket."  I didn't ask what the hat of cynical
    picket was.

(6) Gender:  At the Boulder picket, there were two male scientologists when
    we started:  Anderson and Bob.  The other three pickets, Deb, and the
    rest (Until Rex Fowler and the clear showed up) were all females.  Do
    you think this was intentional?

(7) I'm going to report myself for a comm violation to ARS executive central.
    Did _anybody_ mention to the press that I am a programmer, another
    person manages an art gallery, another ran for the senate in 1992,
    that we come from diverse background, with diverse interests, and
    we have two commen things about us:

    (1) We all use the Internet.
    (2) The cult has declared war on the Internet.

    It is imperitive that the pickets get together with short biographies
    a week or so before the next picket so that we know who each other
    are, and something about them.

(8) Yes, I'm going to get a spelling checker for my next picket sign.
--
Click <Here> To Receive A Copy Of The SeKrEtScRiPtUrEs Of The Cult Of
Scientology.

ΓΏ

« Last Edit: January 02, 2013, 19:33 by SocialTransparency »

Offline BMF

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My guess is they're making arrangements to go ahead and shut down soon and simply trying to stall while they gather a new Executive Director, location, Board, etc. and file for new corp. status, just like they did in Michigan when Narconon Stone Hawk closed and re-opened as Narconon Freedom Center.

Not sure what Narconon International will do, though, other than ask for a chunk of change from the church of Scientology to cover the damages awarded.  They won't be allowed to fold like Mary Rieser will be forced to do.

Circumstances in Mich were a bit different than this situation.  I dont believe they will try that as it will tie them to the new corp legally.

http://info.legalzoom.com/constitutes-successor-corporation-20923.html

Freedom Center didnt get hit with the lawsuits and such of Stone Henge as Per started to pay them back. 

What I believe they are doing is intentionally stalling, playing dumb, etc to try and outlast the Desmonds or the attorneys.  When they have tried everything and there are no more loopholes or tricks to play and their asses are against the wall, they will offer a settlement.  A confidential one.
"But now," says the Once-ler, "Now that you're here,
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UNLESS someone like you,
cares a whole awful lot,
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Offline SocialTransparency

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 Just reread this document.

http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-04-16-TranscriptOfMotionsHearingOn2012-04-05.pdf

End of page 46 into the beginning of page 47 makes no sense to me time wise.

Quote
19 Q. Ms. Rieser, if you could tell the Court what was
20 happening in March of 2008 at Narconon to prompt the Board of
21 Investigation?
22 A. What was happening was there is a group called
23 Anonymous. They had originally come with masks. They were like
24 a hate group. They were across the country. They had -- there
25 were threats. They had already taken down some Web sites.
 

Quote


Back then nobody knew about them. Now they have had
more national attention, and they would stand at the end of the
road taking pictures of the students.

 Were there protests at the NarCONon of Georgia facility in Feb/March of 08 as Ms.Rieser claims? Were those alleged N of G protests the impetus behind this " Board of Investigation" she refers to in this depo?

Offline snippy

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I just saw that, too! She must be refering to this:

One of many vids on YouTube: Atlanta Georgia police V Anonymous

Quote
Uploaded on Mar 16, 2008

An open email to Atlanta Georgia police department demanding they explain their actions on the 15th March 2008 when they apparently arrested members of anonymous unprovoked. An act, which if left unexplained, is an abomination against the constitution of the United States of America. The video includes the footage of the arrests, this is a transcript of the email sent to the chief of police in DeKalb County, Atlanta, Georgia ('tdbolton@co.dekalb.ga.us'):

What is the story behind the video on the Internet showing your police department arresting two apparently peaceful protestors at the protest by anonymous on March 15th 2008?

Why is your police department one of the very few around the world, possibly the only one, who responded to the protests against scientology in full riot gear? Police in many other cities, some with a greater turn out that in yours on the 15th, did not respond in such force and only in regular uniforms because, frankly, they correctly assessed the situation. Check the London protests, 700 -- 800 protestors, no riot gear. The same is true in most of the other 100+ locations where protests were held by anonymous against scientology on the 15th March 2008.

Your departments response to the protests was apparently in excess of all others. The arrests you made were apparently unprovoked and not repeated anywhere else during this world wide protest. These apparent facts make your department's response suspiciously different to the normal response to what was a very peaceful world wide protest against scientology. It has to be asked therefore, are there any links between your department and the organisation of scientology that would explain this variance from the normal response world-wide?

This is an open letter and I trust you can explain yourselves. I hope however there will be some judicial review of your actions that day because, frankly, it looks like your department were acting in a manner that violates a couple of the tenets of the US constitution.

We expect an explaination of what appears to be anomalous behavior from those who are meant to serve us. Arrogance will not suffice.

This news spread around the globe. I was under the impression this protest was in front of the church, not in front of Narconon.  ooo:/

Offline snippy

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My impression is that Scientology pulled their usual drama queen act for the DeKalb Police, convincing them that Anonymous was a terrorist hate group that had threatened them, hence the over-the-top police presence in full riot gear. The scilons like Mary probably believe their own propaganda. Scientology made fools of the DeKalb Police department. The two arrests were for something lame.
« Last Edit: January 03, 2013, 00:50 by snippy »