Reasons to Picket -
DECLARATION OF ROBERT J. CIPRIANO
From: heldal@online.no (Andreas Heldal-Lund - www.xenu.net)
Newsgroups: alt.religion.scientology
Subject: GEBerry: DECLARATION OF ROBERT J. CIPRIANO
Message-ID: <37bee88c.8514641@news1.c2i.net>
Date: Fri, 13 Aug 1999 09:48:02 GMT
DECLARATION OF ROBERT J. CIPRIANO
I, Robert J. Cipriano, hereby declare and state as follows:
1. I have personal knowledge of the matters set forth herein and, if
called upon to do so, I could and would competently testify thereto
under oath.
2. I have primarily drafted and typed this declaration myself,
free of duress, intimidation or inducement.
3. As of July 12th 1999, a certain set of circumstances and events
have transpired that have caused me to write this Declaration. The
events surround the introduction of Church Of Scientology private
investigators, attorneys, officials and followers into my life since
May 4th 1994. The circumstances and events surround "threats",
"bribery", "intimidation", " "duress", "dead agenting", "fair game",
"black propaganda", "slander", and "witness tampering".
4. Since May 4th 1994, my personal and professional life have been
destroyed due to the acts of The Church Of Scientology and their
Office Of Special Affairs, including the acts of their lawyers, Mr.
Kendrick Moxon of Moxon & Kobrin, Mr. Sandy Rosen of Paul, Hastings,
Janofsky & Walker and numerous officials and followers including:
Kendrick Moxon, Esq.; Gary Soter, Esq.; Steven Hayes, Esq.; Timothy
Bowles, Esq.; Elliot Abelson, Esq.; John Ryan; Eugene Ingram; Judy
Ross; Ken Long; Isadore Chait; Rev. Glenn Barton; Michael Rinder;
David Miscavige; Erla Hawkins and Joanne Weaton. I cannot be sure how
many other Church of Scientology followers and officials are involved,
that have not become known to me as of the date of this Declaration.
I am learning on a weekly basis of additional individuals who became
involved in my life, who were operatives or in some way working on
behalf of Church Of Scientology and/or their Office Of Special Affairs
to monitor, control, influence, harm, intimidate and tamper with me.
5. More importantly to the focus of the Declaration is my very real
concern for my safety and physical protection. I have absolutely no
doubt that Church of Scientology and their Office of Special Affairs
will attempt further tactics of intimidation, threatening acts and,
eventually attempt to have me silenced. The information contained in
the Declaration provides a very clear and precise depiction, with over
1000 pages of written proof of my statements and allegations. It is my
personal opinion that once this information is made public through
court filings and media releases, that I will become subject to the
full vengeance, of the Church of Scientology and its operatives.
6. Additionally, I have written this Declaration to bring an eventual
close to what I believe to be one of the most horrendous, continuous
displays of criminal acts perpetrated in the name of an IRS recognized
religion in my life and possibly to bring awareness to the public
about this bogus, fraudulent and extremely dangerous cult. It is my
hope that all proper law enforcement officials can provide me with
capable legal protection and that the media coverage will become
sufficient to dissuade Church Of Scientology from harming me.
Furthermore, I am not a Scientologist; however, I was brought into
their private world and exposed to many of their illegal tactics.
Cipriano
General Background
7. I have been a businessman since 1980. At age 18 I entered into a
business partnership, Capri Productions, Ltd., with Jerome L.
Spiegelman. The primary focus of this business partnership was the
management of entertainment performers and artists in the New York
City vicinity. Over a period that spanned 1980 through February 1985,
Mr. Spiegelman and I opened and managed numerous entertainment and
fashion businesses.
8. In February 1985, I dissolved my partnership with Mr. Spiegelman
for reasons of heavy drug use by Mr. Spiegelman and numerous legal
complaints for fraud placed by his law clients. I relocated to Los
Angeles, California, where I began work with Parkinson Friendly
Productions under the supervision of Griffin O'Neal. I primarily
created programming and production projects for Parkinson Friendly.
9. In late 1985 - early 1986, I left the entertainment business and
decided to start a career in real estate. I began work with R&B
Commercial Properties at Wilshire Court Financial Center and
eventually was hired away from R&B by Paramount Group, Inc. at
Paramount Plaza 3550/3580 Wilshire Boulevard as an Assistant Property
Manager. In late 1986 - 1987, I moved to Dayton, Ohio, married
Jeanette Lambert and began my first commercial real estate
development, Elmwood Galleria Business Center with Paragon Realtors
(Donald Nordstrom). After completing the design, financing
syndication and "breaking ground", I sold my interest in the project
and relocated to New York City wherein I sought and was granted a
divorce from Ms. Lambert in 1988.
10. 1988 through 1993 was spent both in New York City and Los Angeles,
California, building Cipriano Development Group (CDG). I brokered
real estate transactions, created real estate syndication, managed
real estate properties, and in general worked particularly in the real
estate business.
11. In early 1994, after losing CDG in late 1993, I became the subject
of a criminal charge in May's Landing, New Jersey, for Failure Of
Required Disposition over a recently acquired subsidiary of Cipriano
Development Group called Artistic Builders Group. The purported crime
was perpetrated by the previous owner, Mr. Peter Augay. However,
because CDG had acquired the company, I was charged with the crime.
The charge was falsified against me and at the time I had no funds to
retain proper legal representation and therefore utilized the services
of the Public Defender who eventually entered a plea bargain that
required restitution and probation. During the same period, May,
1994, I was approached and threatened by a private investigator
working for the Church of Scientology (COS) regarding a Mr. Graham E.
Berry (see Ingram). This was a very exhausting and trying period for
me.
12. In January, 1996, I elected to move from New York City back to Los
Angeles, California, where I started work with the Foundation For The
Declaration Of The Rights Of Children (FDRC). As their Executive
Director, I created The Day Of The Child fundraising themed projects
in New York City and Washington D.C. I had decided that, for personal
reasons, I needed to give back to people in need and children had
always been a very serious concern of mine.
13. The period from 1996 through and including July 1999 are detailed
in the remaining portions of this Declaration as they go to the center
of the Church of Scientology and Office of Special Affairs'
circumstances and events concerning me.
May 4th & 5th, 1994
Eugene Ingram
(P.I. For Church Of Scientology and Moxon & Kobrin Law Firm)
First Visit With Cipriano
14. On May 4th 1994, at more or less 2:00 PM, I was paid a visit by a
Mr. Eugene Ingram and his female accessory at my home at 245 East 63rd
Street, Apartment 1617, New York City, New York. Mr. Ingram presented
himself as a Los Angeles Police Detective and presented a Detective's
Shield upon addressing me at my apartment door. Mr. Ingram had passed
through a heavily guarded, high security apartment building without
being noticed. Mr. Ingram stated that he had affairs that he wanted to
talk to me about. I welcomed both of them into my apartment and sat
and listened to him. I was under the impression that I was going to be
arrested by both of them for the May's Landing, New Jersey, criminal
charge, as I had not surrendered to the New Jersey legal system. I was
still seeking an attorney to answer the charges who would work with me
since I had limited funds. Upon entrance into my apartment, Mr.Ingram
immediately established that he was aware of my situation in New
Jersey and stated that, "You should be careful and be very helpful to
me!" It was a natural presumption for me to conclude that if I did not
assist him in any all manners that he would arrest me and take me to
New Jersey before I could retain legal representation.
15. Mr. Ingram began discussing Mr. Spiegelman, a previous business
partner of mine. We discussed his law firm, our business partnership
together and Mr. Spiegelman's legal problems, which had landed him in
jail after I dissolved my partnership with him. Mr. Ingram continued
with questions surrounding other legal partners of Mr. Spiegelman's
including Mr. Graham E. Berry. Mr. Ingram was very interested in Mr.
Berry's legal clients and his personal habits. I asked why and what
this was about. I had not seen Mr. Berry since the beginning of 1985,
and had heard he had moved to Australia or New Zealand. I was aware of
an open question regarding some six million dollars that was not
recovered at the time Mr. Spiegelman was arrested in 1985/1986, and I
began to think that Mr. Berry's unanticipated departure to Australia
or New Zealand was very mysterious. I began to relax knowing that I
really had no data on Mr. Berry beyond the end of 1984, or at best,
early 1985, which was prior to my departure from New York City and
arrival in Los Angeles to work for Parkinson Friendly Productions.
16. Mr. Ingram continued with numerous questions regarding Mr. Berry's
personal conduct, sexual habits and his legal clients. He asked me
what I knew about Mr. Berry's gay lifestyle. I stated that I knew he
lived a gay lifestyle; that he had numerous male partners who were
young "boy next door" types. That in 1984, I knew and had met a David
Lee who was involved with Mr. Berry. Without warning, the discussion
turned domineering and combative when Mr. Ingram started to ask
seriously deranged questions. For example: "You saw Graham Berry with
underage boys - 12 year olds, right?" "Graham was a cocaine addict,
right?" and "Graham Berry was a really sick faggot, right?" He was not
questioning me any further, yet demanding that this had happened and
that that had happened. I asked him to back off and slow down. Mr.
Ingram showed me a picture of Mr. Berry standing in a nightclub and
said this a gay club in West Hollywood.
17. I thought back to those days in the early 1980's and recounted my
recollections. "There was cocaine that was being abused during
1984-1985." I told Mr. Ingram that, "I had done cocaine for about six
months in 1984 and had quit because it just destroys everything."
"There were a number of young boys, I didn't know or recall how old
they were." "Graham Berry represented Studio 54." Mr. Ingram suddenly
dropped it and went back to my situation in May's Landing, New Jersey.
He questioned me on how long it had been since I was advised of the
charges and that it was only a matter of time before they would come
for me in New York. I stated that I knew that and that I was moving as
fast as I could to get an attorney, that I was not guilty and that I
was set-up by Mr. Spiegelman and Peter Augay, Mr. Ingram stated that
he had spoken to Spiegelman. Mr. Ingram stated that, "Mr. Berry went
to the Anvil, a seedy after hours gay club in New York City and he
took boys with him." I stated that "I have never gone to a place like
that, I would not know if he did or did not."
18. Mr. Ingram proceeded to ask if I would sign a legal declaration on
Mr. Berry. I asked what would it be used for. Mr. Ingram stated that
it would be placed in a file, and most likely never be used. I agreed
and Mr. Ingram stated that he would contact me the following day May
5th 1994, to have me sign it.
19. After he left my apartment, I went out for a number of hours. I
returned home at approximately 10:00 or 11:00 PM that evening to find
out from my then wife, Valerie Hayman Cipriano, that Mr. Ingram came
back earlier in the evening and had sat and talk with her for an hour
or so. As my wife had no part or knowledge of my lifestyle, friends
or business associates in the early 1980's this caused me some serious
anxiety.
20. On May 5th 1994, Mr. Ingram visited me at my office at
245 Park Avenue, where he presented a Declaration that had numerous
exaggerated statements and fabrications. He took my basic statements
and painted a different picture than I had presented the day before. I
told him that this was not what I had said, and he instantaneously
became furious and belligerent with me again, because I dared to
challenge him on the ages of the males involved with Mr. Berry. He
said, "The next time you open your door at home it is not going to be
me, but New Jersey, now sign it." I signed it and asked him if he was
going back to Los Angeles and he said yes, he would be going back to
Los Angeles after he spoke with Troy Glick. He left my office. I
immediately called Troy Glick and told him that a Los Angeles
Detective had just been at my home and that he was after Berry and
Spiegelman.
Eugene Ingram's
Second Visit With Cipriano's Declaration
Posted To The Internet
21. In January of 1996, I moved to Los Angeles to start my new life.
I started working for FDRC, a 501 c(3) children's charity, working on
Day Of The Child. In early April 1997, a girlfriend had purchased a
computer system and we set it up in our Marina Del Rey apartment in
Mariners' Village. It had internet access. We subscribed to America
Online (AOL) and I created a Screen Name (CIPGUY). While exploring the
internet through AOL, I came across a Search Engine and started typing
in people and things from my past. Eventually, I typed in my name
"ROBERT J. CIPRIANO", and became completely and absolutely appalled to
see numerous postings under my name. Each and every one of them
involved my Declaration from 1994. I immediately looked up Eugene
Ingram's card from my business card collection and contacted him. I
set up a meeting in Marina Del Rey for lunch.
22. On April 30th 1997, we met at the Warehouse Restaurant and I asked
him straight out,
"What the f--k is going on and who are you working for?" Mr. Ingram
said a law firm that had litigation with Mr. Berry. Mr. Ingram stated
again that my situation in New Jersey was not completely over and that
I was in violation of my probation, which was true, but only because I
had failed to make a few restitution payments. I had stayed in touch
with my probation officer trying to work things out. On May 11th 1997,
Mr. Ingram came by my apartment and noticed my professional pictures
and awards on my home-office walls. Mr. Ingram wanted to make copies
of all of them. Mr. Ingram took them to a local copy shop and returned
an hour later. Mr. Ingram then asked me who each and every person was
in the pictures and proceeded to write the info and the back of the
copies.
Eugene Ingram's
Third Visit With Cipriano
Hears Of Law Suit Against Him By Berry
23. Sometime in January, 1998, Eugene Ingram contact me in my
Carpinteria home to advise me that I might be sued by Graham E. Berry
for my Declaration. Mr. Ingram told me over the phone that he needed
to see me right away. He arranged to drive up to Carpinteria the
following day to meet with me. We had lunch at a local restaurant and
Mr. Ingram told me that he worked for the Church of Scientology and a
law firm that represented the Church of Scientology. Mr. Ingram told
me that Mr. Berry was representing numerous people who did not like
the Church of Scientology. Mr. Ingram told me he was on his way to San
Luis Obispo where L. Ron Hubbard's autopsy had been conducted and
where Mr. Berry was causing problems. Mr. Ingram said something about,
"getting to the Coroner's office before Berry did." Mr. Ingram told me
that he had a spy in Mr. Berry's law office and he or she had gotten a
copy of the complaint. I asked for a copy of it and he refused to
provide one to me. Mr. Ingram said that if I received a copy of it
that it could prove that I was served in the future, if that became an
issue. After that, both Christine Gregos and I decided to move from
Carpinteria to her duplex in Van Nuys, California. Mr. Ingram stated
that, "If you moved to Van Nuys, Berry would never find you".
24. Mr. Ingram told me that his boss, Kendrick Moxon, wanted to meet
me immediately. We arranged for me to drive down the next day to meet
with Mr. Moxon and Mr. Ingram at an office on Brand Avenue in
Glendale, California. Mr. Ingram stated that I really needed to count
on him and Mr. Moxon. I told Mr. Ingram that I had lost a couple of
jobs due to employers reading the Declaration on the internet and that
this whole mess was absurd and preposterous. Mr. Ingram told me of a
computer nerd that had broken into some private computer system while
on the nightshift of some job and that he had broken the guy's cover
(I would later find out that was Keith Henson). Mr. Ingram told me
that he had been to London, England, to investigate a female
television reporter who was running a story on the Church of
Scientology in the United Kingdom. That his job was to convince
everyone that she was a prostitute or a stripper in order to convince
her not to do the show. Additionally, the authorities banned him or
arrested him on some charge and asked him to leave the country. I
asked Mr. Ingram about the numerous arrest warrants here in the United
States for him that I had read about on the internet. He said that
they were not real and that people can say anything on the Internet.
Kendrick Moxon's First Meeting &
Eugene Ingram's Fourth Meeting With Cipriano
25. On January 23rd 1998, I arrived at 5:30 P.M. for my appointment
with Kendrick Moxon and Eugene Ingram at 550 North Brand, Suite 700,
in Glendale. Mr. Ingram was waiting for me in the building lobby
reception area. He was nervous regarding something. We entered Mr.
Moxon's office and Mr. Ingram proceeded, without asking anybody, to a
conference room to the right of the office reception center. We sat
inside and he began showing me paper work on something that Mr. Berry
was involved in regarding the Los Angeles Unified School District and
a gay student program.
26. Mr. Ingram told me about Mr. Berry selling tickets to a Gay
Liberation March On Santa Monica Blvd.; and something about Mr. Berry
telling the affluent gay population that he started AMFAR so as to
sell more tickets. Mr. Ingram told me that Mr. Berry was also filing
legal paperwork against Mathilde Krim, the Chairman of AMFAR, for a
Declaration she wrote.
27. Mr. Ingram told me about a book he wanted me to read, Bag Of Toys.
I ask why. He said that it was about, ". . those days in New York
City." He proceeded to give me a copy. He told me that the main
character in the book, Bernard LeGeros, also signed a Declaration
against Mr. Berry, but that LeGeros was in jail in New York or New
Jersey for a murder depicted in the book. He told me that LeGeros was
completely insane and wanted Mr. Berry dead.
28. Mr. Moxon finally arrived, shook my hand and sat down. Mr. Ingram
started talking, completing a narrative of some of the history of the
situation. Mr. Moxon stated that, "Well, certainly, if Berry did sue
you, then I would represent you at no cost. You were helpful to me and
we will not leave you alone to fight this battle . . .Further, we
don't think Berry is serious and is just bluffing with the lawsuit."
The meeting with Mr. Moxon was over in ten minutes, and I returned to
Carpinteria alone.
Cipriano
Served With Graham E. Berry's Summons
In Van Nuys, California
29. On March 9th, 1998, I was served a Summons with Case Number
BC184355, Graham E. Berry, Plaintiff v. Robert J.1 Cipriano, Defendant
for Libel, Libel Per Se, Slander, Slander Per Se, Intentional
Infliction Of Emotional Distress, Negligent Infliction Of Emotional
Distress, Invasion Of Privacy, Public Disclosure Of Private Facts and
Conspiracy
Cipriano And Graham E. Berry
Email Communication
Cipriano Settlement Letter Offer To Berry
30. In the following days and weeks, I received emails from Mr. Berry
(See Exhibit 1, 2, & 3 [a]), that I perceived as threats upon me. I
contacted Mr. Moxon to advise him of the emails received from Mr.
Berry. Additionally, I prepared a personal letter to Graham E. Berry
that I sent to Mr. Moxon in an attempt to settle this problem between
Mr. Berry and me. I told Mr. Moxon to send it to Mr. Berry (See
Exhibit 4). By Saturday evening March 21st 1998, both my fiancé, Ms.
Christine Gregos, and I were intensely apprehensive and I called Mr.
Berry, Mr. Ingram and Mr. Moxon and I told them to meet me at the Van
Nuys Police Station to work this out with the appropriate law
enforcement authorities. Mr. Berry refused to meet at the Police
Station and Mr. Ingram and Mr. Moxon arrived at my home roughly one
hour later.
Mr. Moxon And Mr. Ingram
Contacts Office of Special Affairs & Offer Incentives
Cipriano Signs Retainers With Moxon
31. At this time, Mr. Moxon took me into our home office while Mr.
Ingram worked on Ms. Gregos. They switched and Mr. Ingram started
talking with me while Mr. Moxon talked with Ms. Gregos. Mr. Moxon, in
his attempts at quieting Ms. Gregos, offered her anything she wanted;
a job, money, anything. Ms. Gregos stated to him that she wanted
nothing he had to offer. Ms. Gregos hated both of them and wanted me
to get away from anything having to do with Mr. Ingram.
32. Mr. Moxon called the Office of Special Affairs at the Church of
Scientology and had them fax over a document for me to read entitled
Affidavit of Garry Scarff (See Exhibit 5). Finally, Mr. Moxon
convinced me that if he called Mr. Berry and told him that I was being
represented by Mr. Moxon now, and that Mr. Berry was to no longer
attempt to communicate with me, that this would stop Mr. Berry from
further personal communications. Mr. Ingram offered to give me
unlawful phone tapping equipment to record Mr. Berry when, and if, he
called again. Ms. Gregos demanded that no equipment be involved on our
phones, so I refused same from Mr. Ingram.
33. Mr. Moxon made it very clear that I would not have to pay a dime
in legal fees or any other fees relating to this matter. Further, that
the Church of Scientology was paying for everything, including Mr.
Moxon's fees.
34. The following Monday, March 23rd 1998, Mr. Moxon sent over a
REQUEST FOR INVESTIGATION OF ATTORNEY GRAHAM E. BERRY. Mr. Moxon asked
me to place it on my personal stationary and send it to the State Bar
Of California, located at 1149 South Hill Street Los Angeles,
California, (See Exhibits 6 & 7) to harass Mr. Berry and get him to
drop the lawsuit.
35. Due to Mr. Berry's lawsuit against me and the threat of financial
ruin, on March 23rd 1998, Ms. Gregos demanded that I contact Mr. Moxon
and have him draw a Quit Claim Deed on 17232 and 17234 Vanowen Street;
a relinquishment on household items; a relinquishment on jewelry; a
relinquishment on my 1997 BMW 328; a relinquishment on a GMC Sonoma
Truck; a relinquishment on a 1995 Grand Cherokee Laredo Jeep and a
relinquishment of any and all rights in our checking accounts (See
Exhibit 8)
36. On March 25th 1998, Mr. Moxon asked me to meet him at Wasserman,
Comden & Casselman law office at 5567 Reseda Boulevard in Tarzana,
California, to meet with Gary Soter, Esq. I arrived and proceeded to
sign a Retainer Agreement with Mr. Moxon of Moxon & Kobrin (See
Exhibit 9) and Gary Soter of Wasserman, Comden & Casselman (See
Exhibit 10) for legal representation in the Berry v. Cipriano lawsuit.
The Retainer Agreement with Moxon & Kobrin was strangely backdated to
March 23rd 1998, so Mr. Berry could not claim that I was a
"free-agent" during that short period of time. Additionally, the Moxon
& Kobrin Retainer stated that Moxon & Kobrin was responsible for
payment to Wasserman, Comden & Casselman regarding my representation.
Equally the Wasserman, Comden & Casselman Retainer stated that Moxon &
Kobrin were responsible for payments for legal services rendered by
their firm.
Mr. Moxon Arranges Job For Cipriano At
Earthlink Network, Inc.
A Church Of Scientology Company
37. On or about March 26th 1998, Mr. Moxon and I talked about my
re-entering the work force. Mr. Moxon suggested Earthlink Network,
Inc., in Pasadena. Earthlink Network is a Church Of Scientology
company. Mr. Moxon contacted Mr. Sky Dayton, Chairman of Earthlink,
who referred him to Mr. George Williams, Director of Dial-Up Sales. An
interview was arranged, and I was hired March 27th 1998, even though
they were not hiring at that time. Earthlink created a new sales
management position for a girl named Jennifer so they could move her
up creating an opening for me in the sales department. On March 28th
1998, I sent an email to Mr. Moxon thanking him for the introduction
(See Exhibit 11 & 12).While at Earthlink Network in Pasadena,
California, I had access to the Internet Service Provider's internal
operations.
38. I was befriended the first day of my employment at Earthlink by a
Mr. Michael Hamra, another sales associate. I quickly started a
friendship with Mr. Hamra and spent countless hours talking about
various things including how Earthlink started with investments, by
Kirstie Alley, Tom Cruise, John Travolta and other wealthy
Scientologists, into Sky Dayton's idea of an internet service
provider. Mr. Hamra told me how Sky Dayton had a coffee shop before
starting Earthlink and that he, because of being a Scientologist and
his friendships with celebrity Scientologists, he was able to build a
multi-million dollar company that could, "Watch over the entire
internet from within the internet."
39. Additionally, Mr. Hamra told me he was one of the founding group
of Scientologist who ran Earthlink out of a Glendale one room office
where he made sales calls from a bathroom in the office. Mr. Hamra
said, "The Church of Scientology now had a database of information on
every subscriber which included names, credit card info., credit
reports, telephone info., computer info., who had referred them to
Earthlink and who were their previous ISP providers." Mr. Hamra told
me about the "other Earthlink building" which was next door on New
York Avenue in Pasadena. Mr. Hamra told me that the other building was
high security and is where Earthlink and the Church of Scientology did
all the monitoring of the internet. Mr. Hamra was always very
interested in my testimony in Berry v. Cipriano. It became clear to me
that he was reporting what I was saying to other in Scientology.
40. I received many incoming sales calls while at Earthlink from
individuals who would ask, "Are you a bunch of Scientologists?" We
were trained to never admit that we were involved with the Church Of
Scientology.
41. On April 4th 1998, I received an update from Mr. Moxon by email.
In this email, Mr. Moxon informed me of the ". . .fun starting with
Berry." He was also asking me for further Declarations to substantiate
my lack of knowledge regarding the posting of my Declaration on the
internet (See Exhibit 13).
Moxon Introduces Cipriano To
Hubbard's Holdings In Hollywood, Celebrity Center
Further Defendants In Cipriano Case
42. During one of the weekends between April 4th and May 12th 1998, I
was asked by Mr. Moxon to join him on a Sunday afternoon at the L. Ron
Hubbard Museum on Hollywood Boulevard. At said time, Mr. Moxon
arranged for me to have a highly private tour of their facilities. A
personal escort took me to areas of the facility that were not open to
the public They attempted to have me use their E-Meter machine, which
I aggressively refused. After the tour, Mr. Moxon took me to the
Church Of Scientology Celebrity Center in Hollywood where we were met
by a person I believed to be Isadore Chait. Additionally, I believe
that I met a gentlemen who identified himself as David Miscavige,
however, I am not absolutely positive it was he. On our drive in Mr.
Moxon's car, he did not want to ride in my car, Mr. Moxon asked me
what it was in the world that I really wanted or needed. I thought
about it and did not answer right away.
43. Once at the Celebrity Center, Mr. Moxon repeated his question,
referring to a financial incentive of around $750,000.00. I said that
I did not want to be paid for my testimony. On our way back to Mr.
Moxon's car, and on our way in his car back to mine, I said that I had
a dream concept that I had spent quite a long time developing, called
DAY OF THE CHILD, which was a children's charity concert that would
benefit over 500 children's charities. They could assist with an
investment, celebrity endorsements and personnel if they wanted. Mr.
Moxon asked how much would a video commercial of it cost? How much
would it cost for an office with equipment? How much for various
things? Mr. Moxon told me, in plain words, that he would syndicate the
monies needed with some of the wealthy Scientologists and get it
funded. I told him I would email him from Earthlink with information.
Moxon Offers Trip To Cipriano
New York City To Warm-Up New Witnesses
44. April 30th 1998, Mr. Moxon asked me to track down witnesses and
convince them to testify against Mr. Berry. Mr. Moxon wanted me to
talk to Suzette and Richard Holmes, Howard Shafran and Carol
Lackenbach, people that worked in and around Mr. Spiegelman and Mr.
Berry back in 1984. Mr. Moxon offered to fly me back to New York City
to soften-up and warm-up the witnesses and prep them for a new private
investigator they had hired in New York City (See Exhibit 14). This
trip never happened.
Cipriano Responds To Moxon's Offer
Icon Entertainment Group/Day Of The Child
SEC Private Placement Offering
45. On May 14th 1998, I sent an email from Earthlink to Mr. Moxon
advising him of the starting point for the project. I discussed
ownership percentages, Earthlink's participation, the legal offices
being at Moxon & Kobrin's law office, etc. (See Exhibit 15)
46. On May 23rd 1998, as per Mr. Moxon's request, I prepared and
presented a SEC Private Placement Offering for Icon Entertainment
Group for Day Of The Child to solicit and secure funds from Church Of
Scientology and Church Of Scientology members, entertainers,
celebrities and officials. I pledged my personal stock in other
companies as collateral. (See Exhibit 16)
Cipriano Receives A $2,500.00 Non-Repayable Loan
From Geoffrey Barton A Relative Of Glenn Barton
A Defendant in Graham Berry's Cases Against
Church of Scientology
47. On or about May 25th 1998, Mr. Moxon arranged for and wired
$2,500.00 from a Geoffrey Barton into the account of Christine M.
Gregos, Accurate Bookkeeping Company, on my behalf. This loan was to
pay off any outstanding debts between Christine Gregos and me so that
I would have no obligations to her. When the money was given to me,
however, Mr. Moxon stated that we needed to sign a promissory note so
that it did not look like Scientology was paying me while I was a
witness. I asked Mr. Moxon was this the same Barton that was named in
Mr. Berry's lawsuit against me? Mr. Moxon told me that it was a
different person and just a coincidence the last name was the same.
During this same time period, Mr. Moxon suggested that I get away from
Ms. Gregos, as she was "toxic" for me. (See Exhibit 17).
Mr. Moxon Informs Cipriano That The Berry v. Cipriano
Case Has Been Moved From Judge Hiroshigi To Judge Williams
48. Mr. Moxon informed me that Judge Hiroshigi was a "lame-judge" who
could never begin to grasp the case and that he had filed a motion to
replace Hiroshigi. The case was transferred to a Judge Williams, who
Mr. Moxon told me was, "A friend of the Church of Scientology."
Cipriano Is Moved Into a Safe House
Church Of Scientology Boarding House In Hollywood
Deposition Of Cipriano Taken
49. Approximately June 17th 1998, Mr. Moxon moved me into a
Scientology boarding house, free of charge to me, on Franklin Avenue
called the Franklin House, owned and operated by Eugene Ingram's
detective-operative Joanne Weaton, a known Scientologist. This was
done to get me away from Christine Gregos, who Mr. Moxon thought was
"toxic" to me as well as to keep me from bolting to Mr. Berry's side
of the lawsuit.
50. On June 29th and 30th 1998, Mr. Moxon invited me to his home on
Vista Verdugo outside of Glendale, California. Mr. Moxon prepared me
to answer questions in my Deposition scheduled for July 1st and 2nd
1998. Mr. Moxon told me to lie about the ages of Mr. Berry's intimate
relationships, and to antagonize him and get Mr. Berry to say things
he might normally not say. Mr. Moxon told me to get Mr. Berry "pissed
off" at the Deposition. It appeared to me that this was a game for Mr.
Moxon and it was more about scaring Mr. Berry than about a real cause
of action based on truthful facts.
51. On July 1st 1998, I arrived in downtown Los Angeles at the Paul,
Hastings, Janofsky and Walker law firm and met with Mr. Moxon, Mr.
Sandy Rosen, Mr. Michael Rinder, Ms. Barbara Reeves and numerous other
Church Of Scientology and Office Of Special Affairs officials at 8:30
A.M. They were standing around the conference room, shaking my hand
and laughing about Mr. Berry. Mr. Moxon was being extremely smug,
like he had the witness that would bring Mr. Berry to his knees. I
was prepared by Mr. Rosen and given a copy of Mr. Berry's bankruptcy
documents. I was told by Mr. Rosen to pick the items in the
bankruptcy that I thought might be false and on which Mr. Berry had
filed. Mr. Rosen told me that when I was unsure of an item, to say
that it was false.
52. Each time Mr. Moxon and Mr. Rosen asked for a break we would go
downstairs to smoke, Mr. Rosen & Mr. Moxon would laugh like little
kids about how Mr. Berry and his lawyer, Mr. Lewis, were totally
screwing up. Mr. Rosen told me he thought I was the best witness he
had ever had and I should think about being a professional witness
around the country. Both Mr. Moxon and Mr. Rosen showed their true
colors during those two days. I found both of them to be totally
repulsive, unprofessional and homophobic. The case was not about Mr.
Berry being a law-abiding citizen, instead the idea was, "Let's get
Berry because he is lives a gay lifestyle." This was when I first
understood what the term "dead agenting" meant and saw it in action.
53. On July 2nd 1998, I arrived again and was greeted by Eugene
Ingram. Mr. Ingram asked me when we were alone, "I never showed you a
Los Angeles Detective's badge when I first interviewed you in New
York, did I?" I found this very strange due to the fact that I had
told Mr. Moxon a couple weeks earlier that Mr. Ingram had, in fact,
misrepresented himself to me as a Detective. I became very concerned
after I read an article on the internet regarding an outstanding
warrant for Mr. Ingram's arrest in Florida for impersonating an
officer and knowing what he had done to me. It was obvious that Mr.
Moxon told Mr. Ingram and Mr. Ingram was, once again, intimidating me.
I was paid a fee of $45.00 per day for my Deposition (See Exhibit 18).
Cipriano Moved To Palm Springs, California By Moxon
Church Of Scientology International Headquarters
54. Immediately following my Deposition, I was moved to Palm Springs,
California, to get me away from Los Angeles. Mr. Moxon told me this
was the Church of Scientology "witness protection program" and that it
was 15 miles from the International Headquarters for the Church Of
Scientology in Gilman Hot Springs. Under the promise that now Mr.
Moxon would cover all expenses and get Day Of The Child funded and off
the ground, I left Ms. Gregos and moved to Palm Springs. I had
delivered the Deposition in the manner that they wanted and everyone
was pleased so, this was a reward.
55. In early July 1998, after I arrived in Palm Springs, I began work
immediately on preparing budgets for Day Of The Child. In phone
conversations with Mr. Moxon I indicated that the budget numbers for
Day Of The Child were coming in around at about $520,000.00 for the
first year. He indicated that he had no problem with that. At this
point, I was staying in Palm Springs with a friend named Donald
Snodgrass waiting for Mr. Moxon to provide what he had promised. Mr.
Snodgrass and I were working extremely hard to obtain back up on the
budgets so that we could get Day Of The Child off the ground. We both
waited week after week with nothing from Mr. Moxon.
Cipriano And Moxon Confrontation
56. Mr. Snodgrass became very enraged that I had been promised so much
by Scientology and that I was being "jerked off". Mr. Snodgrass
contacted Mr. Moxon by telephone and told him to "get his ass to Palm
Springs" or Cipriano would disappear completely. Mr. Moxon told Mr.
Snodgrass that he would be in Palm Springs within a couple hours. I
was very upset with Mr. Moxon, Scientology and anybody who had
anything to do with the whole mess.
57. At approximately 5:30 P.M. Mr. Moxon, with Mr. Ingram, arrived in
Palm Springs at
Mr. Snodgrass' home. I had hand written a letter (Exhibit 19) for Mr.
Moxon to read:
Lost Home
Lost Relationship
Lost Job
Lost Pay
Lost Promise
You Lost Me
58. Mr. Moxon, Mr. Ingram and Mr. Snodgrass had a long conversation
which ended with Mr. Moxon telling Mr. Snodgrass to have me get in
touch with him as soon as possible. Additionally, Mr. Moxon wrote a
message on my hand written note (See Exhibit 19) apologizing and
promising to fix everything.
Mr. Moxon Rents Cipriano A Palm Springs Condo
And Starts Sending Money Weekly To Cipriano
59. On or about the last week of July, 1998, Mr. Moxon told me to go
and arrange an apartment or condo for me to live in. I arranged for
Palm Springs Rental Agency's Nancy Zachary to show me 280 South
Caballeros Unit 236. On July 27, 1998, Mr. Moxon completed the rental
application, sent $1074.00 to Palm Springs Rental Agency and signed a
lease for the premises at $500.00 per month for 7 months. (See
Exhibits 20, 21 & 22) Additionally, Mr. Moxon started sending $200.00
to $400.00 every week or two via Western Union or Money Gram. Every
month thereafter Mr. Moxon would call me to his Los Angeles office and
give me checks drawn on Moxon & Kobrin ranging in amounts between
$500.00 to $1,000.00 for living expenses, groceries and Day Of The
Child. The checks would be made payable to me and I would go into a
Wells Fargo bank across the street from Mr. Moxon's office to cash
each one. Mr. Moxon paid the monthly rental on the condo directly to
the Landlord.
Mr. Moxon Arranges For Free Legal Representation
For Cipriano In New Jersey For
Pending Probation Violation
60. On August 6th 1998, Mr. Moxon sent me a Federal Express with a
letter informing me that Mr. Moxon had retained Lloyd Levenson, Esq.,
in Atlantic City, New Jersey, free of charge to me, to handle my
problem there and for me to sign some documents pertaining to same.
Mr. Moxon wanted the legal problem in New Jersey erased and taken care
of immediately so as to not help Mr. Berry in the case Berry v.
Cipriano. (See Exhibit 23)
Mr. Moxon Incorporated Day Of The Child
World Concert, Inc. In Nevada For Cipriano
And Names Himself As Director & Treasurer
Starts Paying Day Of The Child-Cipriano Expenses
61. In an email letter dated September 1, 1998, from Mr. Moxon to me,
Mr. Moxon says that he will pay for the Incorporation of Day Of The
Child and indicates that his investors/donors are definite prospects
as soon as the application for non-profit is filed. Mr. Moxon and
Scientology were finally living up to their agreements with me
regarding my testimony in Berry v. Cipriano and all the other related
cases.
62. In a letter dated September 3, 1998, Mr. Moxon indicated that he
had paid the phone bill and had placed a phone deposit so that Day Of
The Child/Cipriano could stay in business. (See Exhibit 24)
63. In an email letter dated September 8, 1998, Mr. Moxon made
corrections to a contemplated merger agreement between Children's
Charities Of America and Day Of The Child. Additionally, he requested
information so that he/Scientology can file a tax-exempt application
on behalf of Day Of The Child. (See Exhibit 25) Mr. Moxon never filed
for the tax-exempt status. As a result, Mr. Snodgrass and I retained a
local Palm Springs accounting firm, Brabo, Carlsen & Cahill, to
prepare and submit the IRS application at a personal cost of $500.00,
which was paid by Mr. Snodgrass.
Mr. Moxon Directs Cipriano To Star Magazine On
John Travolta & Michael Pattinson
Gay Relationship Story
64. An article appeared in Star Magazine regarding John Travolta a and
Michael Pattinson, an ex-Scientologist, wherein Mr. Pattinson claimed
that Mr. Travolta and Scientology deceived him into believing that
Scientology could cure him of his homosexuality. Mr. Berry was
representing Mr. Pattinson in the lawsuit against the Church of
Scientology. Mr. Moxon told me to call the reporter, Martin Gould, and
explain to him about Mr. Berry and my previous declaration. Mr. Moxon
went as far as to say magazines like the Star pay good money for such
stories. I did call Mr. Gould and told him about Mr. Berry as per Mr.
Moxon's instructions but, to my knowledge, nothing came from it.
Mr. Moxon Attempts To Arrange For Barbara Reeves Of
Paul, Hastings, Janofsky & Walker To Become House Council
For Children's Charities Of America/Reveals That
Reeves Husband Is A Court Of Appeals Judge
65. In an email letter dated September 26, 1998, from Mr. Moxon to Ms.
Betsy Reinking, Executive Director of Children's Charities Of America,
Mr. Moxon explained who Barbara Reeves was and who her husband was, in
hopes that Children's Charities Of America would retain her, because
Day Of The Child and Children's Charities Of America were joining
forces to produce a major concert event for charity. (See Exhibit 26)
66. Mr. Moxon wanted Betsy Reinking to know that Barbara Reeves'
husband was an appellate judge and that he was a friend of
Scientology. Additionally, that Barbara Reeves would work for Children
Charities Of America for a nominal amount, much less than her regular
fees, because she wanted to do something where she was answering to a
much higher God than the one she had been answering to.
Mr. Moxon Leases a 1999 Saturn For Cipriano
67. On October 6th 1998, Mr. Moxon called and informed me that I could
go get a new car if I wanted. I immediately went to a Saturn dealer in
Palm Springs and selected the auto that I wanted. The salesperson at
Saturn was given Mr. Moxon's phone number and Mr. Moxon was called.
Mr. Moxon arranged and closed the lease agreement in his name, and I
drove the new Saturn off the lot two hours later. (See Exhibit 27)
Mr. Snodgrass Offers To Pay Cipriano's
Atlantic City Legal Obligation
Moxon Provides Bankwire Information
68. October 8th 1998, and after some numerous phone conversations
between Mr. Moxon and Mr. Snodgrass, Mr. Snodgrass offered to pay off
my legal obligation in New Jersey. Mr. Moxon provided bankwire
information to Mr. Snodgrass. The communication angered Mr. Snodgrass
because he had offered only as much as it could be negotiated down to.
Mr. Moxon wanted all the money, $18,500.00, wired into his trust
account. Mr. Snodgrass then refused to help. (See Exhibit 28)
Children's Charities Of America (CCA) Refuses To Enter
Into Agreement Due To Mr. Moxon's Participation &
Involvement With Day Of The Child
69. CCA and Day Of The Child had negotiated an agreement and the
agreement was being presented to CCA's Board Of Directors for approval
in late November, 1998. One of the Board members at CCA, Brian
Morrison, Executive Director of Grant-A-Wish in New York City, had
discovered the information on the internet regarding Mr. Moxon and my
Declaration. He convinced the Board to stop all activities with Day Of
The Child. He convinced the Board not to work in any manner with Day
Of The Child. Additionally, Virginia Van Zandt, another CCA Board
member had had a horrible experience with Mr. Moxon when Mr. Moxon had
attacked actor Wayne Rodgers (M.A.S.H) because Mr. Rogers had come out
publicly against the Church Of Scientology. (See Exhibit 29, 30 & 31)
Mr. Moxon Arranged For $20,000.00 To Be
Transferred To Lloyd Levinson, Esq., the New Jersey
Attorney Handling Cipriano's Legal Problem In New Jersey
70. On November 3rd 1998, Mr. Moxon asked that I come up to Los
Angeles to meet with him at the 6255 Sunset office. During this visit
he told me that he was very excited that we did not need the Snodgrass
money; that he was able to get $20,000.00 from someone whose identity
he could not tell me, but that the person was very famous. Mr. Moxon
said, "If anyone ever found out about this I would be disbarred for
sure." Of course, my being curious, I said, "Tom Cruise and Nicole
Kidman?" He said "No." I said, "Kirstie?" He said, "No." I said,
"Don't tell me, Travolta?" He said, "Ok, I won't tell you it was
John." I said, "Jesus, can we get him to be our national spokesperson
for Day Of The Child?" Mr. Moxon said to write a personal letter to
Travolta and make it c/o Steve Hayes, John Travolta's personal
attorney and partner to Kendrick Moxon.
71. Mr. Moxon received $20,000.00 from John Travolta and wired or sent
a check to Lloyd Levenson, Esq., in Atlantic City, New Jersey for
$20,000.00. The outstanding amount due was $18,500.00.
Mr. Moxon Arranged For Isadore Chait
to give $1,000.00 To Cipriano/Day Of The Child
72. In early November, 1998, Mr. Moxon called and asked me to send a
series of Federal Express letters (on Moxon & Kobrin's FedEx Account)
to Clearwater, Florida. One of these was to Timothy Bowles, another to
Isadore Chait. The letter packages were regarding Day Of The Child. On
November 20th 1998, I received a check from Mr. Moxon, from Isadore
Chait, in the amount of $1,000.00 made payable to Day Of The Child c/o
Moxon & Kobrin 6255 Sunset Boulevard, Suite 2000, Los Angeles,
California. (See Exhibit 32) I immediately opened an account at Bank
Of America in the name of Day Of The Child and with the corporate
address at 6255 Sunset Boulevard, Suite 2000, Los Angeles, California,
and deposited it into same.
Lloyd Levenson Calls Cipriano With Settlement Offer
In Atlantic City, New Jersey Case
73. On December 22nd 1998, Mr. Levenson of Cooper, Perskie & Levenson
law firm called me and advised me that he was negotiating with the
authorities in Atlantic City, New Jersey, and he thought that he could
get them down from the balance of $18,500.00 to around $12,000.00. He
indicated that Rick Moxon had wired him $20,000.00 and that was more
than enough. He indicated he would call back with the final offer. On
December 23rd 1998, Mr. Levenson called me again and told me he
settled for $9,500.00 and he was happy. I agreed and said settle it.
Later that day, we spoke again and he wired $2500.00 into Day Of The
Child bank account. (See Exhibit 33, 34, 35 & 36) In the following
month, on January 11th 1999, and January 25th 1999, he wired an
additional $1,400.00 and $988.55 respectively into Day Of The Child
bank account.
Moxon Introduces Famous Scientologist
John Ryan To Cipriano
74. In early December, 1998, Mr. Moxon introduced Mr. John Ryan to me
for the purposes of joining Day Of The Child. Mr. Moxon explained that
Mr. Ryan was a top executive at Polygram Records. After meeting Mr.
Ryan in Mr. Moxon's office, I realized that he was a record producer,
however did not work for Polygram Records, instead had a home business
called Chicago Kid Productions. I learned that Mr. Ryan had been a
record producer for STYX in the 1970's and had been involved with
other projects. Mr. Ryan agreed that Day Of The Child was a great
project, however in our selection process for beneficiary children's
charities that we needed to select certain charities that stood up
against the mental health establishment. Mr. Ryan demanded that Day Of
The Child endorse Scientology organizations that were supporting the
attacks, lawsuits and other tactics against the use of Ritalin with
children. I became very disturbed with Mr. Ryan's wanting to exchange
his services for Day Of The Child supporting Scientology based causes.
75. During this same visit to Mr. Moxon's office with Mr. Ryan, Mr.
Steven Lewis called for Mr. Moxon. Judy Ross advised Mr. Moxon that
Mr. Lewis was on the phone. Mr. Moxon said ok, thank you to Judy Ross
and looked to me and said, "Watch this." From the tone of Mr. Moxon's
voice while talking with Mr. Lewis, it was obvious to me that they
were having fun. Mr. Moxon kept looking back at me and smiling. Mr.
Moxon was asking questions regarding Mr. Berry; where he kept various
things, and what was his response to this thing and that thing. After
the telephone conversation ended between Mr. Lewis and Mr. Moxon. Mr.
Moxon said, "I forgot to tell you that Lewis and Scali decided to
terminate their law practice with Berry and they want to work with
us." I was truly amazed at the turn of events. Mr. Moxon indicated
that he was getting "dirty laundry" from Mr. Lewis on Mr. Berry. In
fact, Mr. Moxon said Mr. Lewis was seeking advice from Mr. Moxon on
how to get out from under Mr. Berry's request that Mr. Lewis remain in
place as council for Mr. Berry.
76. In mid December, 1998, Mr. Moxon, Mr. Ryan and I had another
meeting, wherein they both introduced me to the Scientology based
"Org. [Organization] System", Mr. Moxon typed it out and printed a
copy which was handed to me. Mr. Ryan was demanding that Mr. Moxon and
he could fill in each of the Org. departments with Scientology
personnel, which would leave me out of the picture, other than as an
ambassadorial representative.
77. In late December, 1998, I held a Day Of The Child Christmas Party
in Palm Springs. Mr. Moxon and Mr. Ryan attended. Mr. Ryan and Mr.
Moxon took me outside for approximately 30 minutes and berated me on
how Scientology could take over Day Of The Child.
All Financial Activities Between Cipriano & Moxon
Conducted Through Day Of The Child
World Concert, Inc. Bank Of America Account
78. Between November, 1998, and June, 1999, most if not all of the
transactions, financially and professionally, were handled through Day
Of The Child World Concert, Inc.'s bank account. (See Exhibit 37)
Mr. Moxon Purchases A
Packard-Bell Computer For Cipriano
79. On December 17th, 1998, Mr. Moxon purchased at Packard-Bell
Computer for me on one of his credit cards from Circuit City in
Hollywood. (See Exhibit 38) The charge was approximately $1,000.00 for
the CPU, monitor and printer. Mr. Moxon helped me carry it to my car
and I returned him to his office.
Moxon Handled Custody Matter For
Cipriano's Girlfriend Leslie Lamborn
80. In January, 1999, Mr. Moxon advised and created a Stipulation Of
The Parties between Leslie Keene Lamborn, my girlfriend and Jeff Appel
her ex-boyfriend, on my behalf, free of charge. (See Exhibit 39)
Mr. Ingram, Mr. Moxon And Cipriano Have
Meeting At Moxon's Office
To Talk About Michael Hurtado And
Other Acts Against Mr. Berry
81. In early January 1999, I was called to a meeting at Mr. Moxon's
office where Mr. Ingram was waiting for me. At this meeting, I learned
from Mr. Ingram, in front of Mr. Moxon, that he and a group of
Scientologists had plastered Mr. Berry's neighborhood with hate
flyers, advising everyone in his neighborhood that Mr. Berry was a
pedophile. Mr. Ingram also told me about having spies and operatives
in a gay nightclub called Numbers in Los Angeles. He also told me,
that there was a young man named Mr. Hurtado who Mr. Ingram had found
who would say that he went home with Mr. Berry and a couple underage
boys one night. Further that Mr. Berry drugged the boys and had sex
with them in front of Mr. Hurtado. Mr. Ingram also stated that Mr.
Berry was exchanging legal services for sex with this Mr. Hurtado
person and that Mr. Ingram was going to file a Bar Complaint.
82. Furthermore, Mr. Ingram stated that Mr. Berry was trying to sue
Mr. Ingram and could not serve him. Mr. Ingram laughed at that
thought, claiming that Mr. Berry did not know what he looked liked and
has been as close a five inches from Mr. Berry on numerous occasions
without Mr. Berry knowing. Mr. Ingram also said, "The litigation and
scare tactics against Mr. Berry were just to make him go away and
leave the Church of Scientology alone."
83. Mr. Ingram said that Mr. Berry had a roommate who was on the cover
of some gay porno magazine and that Mr. Ingram was looking for
information on the publisher of that type of magazine to ascertain how
old the roommate was when the pictures were taken.
Moxon & Ingram Have Cipriano
Infiltrate Los Angeles Youth Center
84. As part of my Day Of The Child day to day activities, I would
routinely interview children's charities to review their operations.
This is a process that must be conducted in order for them to be a
beneficiary of the proceeds of our events. I interviewed a gentleman
named Jason Whitman who organized and manages The Los Angeles Youth
Council on Santa Monica Blvd., in West Hollywood The LA Youth Council
works with males who are caught up with gay street prostitution. It
attempts to provide them with a career, housing and guidance.
85. Mr. Moxon and Mr. Ingram thought it would be a good idea to have
Mr. Whitman, who works with numerous male prostitutes talk to the
young men and distribute flyers with a picture of Mr. Berry around
West Hollywood. If anyone knew of Mr. Berry or had any information on
him they were guided to call a number on the flyer. The information
would be passed on to Mr. Ingram for use by Mr. Moxon against Mr.
Berry. A young man came forward named Anthony Apodaca, who said he
knew of or had seen Mr. Berry. This information was passed on to Mr.
Ingram and Mr. Moxon and Mr. Ingram was sent to meet with Mr. Apodaca
to obtain a Declaration. Mr. Whitman told me in a telephone
conversation in May 1999 that Mr. Ingram took Mr. Apodaca to a hotel
room, threatened him and paid him $300.00 for a Declaration. I do not
know if a Declaration was obtained or filed; however, I do know that
Mr. Apodaca was terrified and went in to hiding or disappeared at that
same time.
Moxon Rents 5 Bedroom House
For Cipriano & Lamborn In Palm Springs, California
86. On January 6th 1999, Mr. Moxon moved both Leslie Lamborn and me to
1050 Racquet Club Road in Palm Springs. Mr. Moxon signed the lease,
"Kendrick Moxon for Leslie and Robert Cipriano as occupants." The rent
was $1,295.00 per month and the lease ran for one year. (See Exhibits
40, 41, 42, 43)
87. In late January, 1999, Ms. Lamborn and I had serious differences
and Mr. Moxon asked Ms. Lamborn and me to meet him and Mr. Ryan at a
restaurant in Malibu and then proceeded to go to a secluded beach
front in Malibu, California. Mr. Moxon and Mr. Ryan wanted me close to
them and away from Leslie Lamborn and Donald Snodgrass. I moved out of
the house at the request of Mr. Moxon and back to Los Angeles, where I
moved into a friends' house near Marina Del Rey.
Berry Dismissed Cipriano Case
88. Mr. Moxon called me in early February, 1999 and advised me that
Mr. Berry had dismissed Krim and was about to dismiss me in his
action. I met with Mr. Moxon the next day and had him discuss the
legal jargon regarding the dismissal. Mr. Moxon said that the lawsuit
was over for me. I asked him, "Can Mr. Berry every come back and
re-file?" Mr. Moxon said, "No."
89. I was also informed by Mr. Moxon that they had attached Mr.
Berry's bank accounts and that Mr. Berry was leaving the country for
good. Furthermore, that, "Scientology finally achieved what they
wanted." I said, "Well then I served my purpose?" He said, "You
certainly did."
90. I had finally come to the conclusion that Scientology had no plan
on keeping their promises to me other than small handouts from time to
time. I had come to terms that it was all a game for Scientology and
they had what they wanted.
91. On March 8th 1999, Mr. Moxon asked me to work as an operative for
Scientology on ECT, a company that manufactures and distributes
electro-shock machines used by mental health facilities. (See Exhibit
44) Mr. Moxon wanted me to obtain internal documents from The State
Department Of Mental Health, VA Hospital, UCLA, and various other
hospitals, these documents included approved consent forms. I told
him, "I will think about it, that I had just about had it with
Scientology and all of its games."
92. On or about March 12th 1999, I received a call from my friend, in
Palm Springs, Donald Snodgrass. He advised me that he had a
partnership with Lassen Galleries and was ready to open an art gallery
in Palm Springs. He asked me to come back to Palm Springs and assist
him in running the gallery. Since I was receiving no help, calls or
any assistance from Mr. Moxon, I decided to take the offer. I moved
back to Palm Springs on or about March 12th 1999, and began to work
with Mr. Snodgrass. Mr. Moxon and I had two or three email and phone
communications between March 12th 1999, and June, 1999. I advised Mr.
Moxon of my move to Palm Springs. I requested that Mr. Moxon give me
and the Board Of Directors an immediate resignation from Day Of The
Child World Concert, Inc. Mr. Moxon provided the resignation.
93. On March 20th 1999, I emailed Mr. Moxon responding to a phone
message from him. I advised him of my need for monies as per our
previous agreement. I state in the last line, "I also think that I was
there for the cause-100% and by all appearances-everyone should be
pretty happy with my performance." (See Exhibit 45) On March 21st
1999, Mr. Moxon emailed me in return with, "Got It. Please give me a
call so we can handle the details." (See Exhibit 46).
94. May and June, 1999, I spent in Palm Springs trying to get out from
under the 1050 Racquet Club Road house and keep Day Of The Child up
and running. I informed Mr. Moxon in an email dated May 10th 1999,
that I had a possible new partner named Roy Webb and we were working
on an agreement. Mr. Moxon indicated that the house needed to be
resolved. (See Exhibit 47)
95. Finally on June 7th 1999, I sent my last email to Mr. Moxon
begging for food and gas money. I advised him that Day Of The Child
was in Roy Webb's hands and that I was moving the operation up to
Anaheim to keep Day Of The Child alive. I asked for $500.00. Mr. Moxon
sent $195.00 by Western Union. (See Exhibit 48) Mr. Webb called Mr.
Moxon after my move to Anaheim and requested $1,000.00 for me to
restart my life after the past several years, and Ms. Judy Ross, Mr.
Moxon's legal secretary, arranged for a check to be made payable to
Professional Management, Roy Webb's company, in the amount of $800.00.
96. This was the last communication with Mr. Moxon that we had other
than Mr. Moxon's calling Mr. Webb in early July and asked him, "How is
Robert's health?" In early to mid July, I was contacted by Joanne
Weaton, Eugene Ingram's Scientology operative, via email. I was
contacted and responded to Erla Hawkins, who is with the IAS
(International Association Of Scientologists) (See Exhibit 49), who
requested that I take a position as head of public relations for a
Scientology "crusade" in Europe starting July 22nd 1999. The position
was for no pay and only a one-way ticket to Europe plus
accommodations. Ms. Erla Hawkins attempted to have me meet her on a
Saturday afternoon in an old, unmarked apartment in an unmarked
building behind a schoolhouse and L. Ron Hubbard Way. It is my full
belief that if I had attended that phony meeting, I may never have
come back.
97. Since then, I have been under surveillance and am followed daily
by various autos. In conclusion, I cannot stress enough that the acts
of this fanatic organization and its lawyers and officials have caused
serious harm to me and to my organization, Day Of The Child. I
organized, created and built Day Of The Child to assist hundreds of
authentic children's charities in the United States. The acts of
Kendrick Moxon and Eugene Ingram as lawyer and operative for the
Church of Scientology and its many divisions have been literally
grossly offensive and illegal. As a result of their actions, Day Of
The Child has been refused a general 501c (3) status, which turned one
of the foremost fundraising concert events into nothing more than a
waste of time. The Church of Scientology has turned 500 children's
charities one-chance fortune to share equally in a global event's
income into broken promises to every child in America that depends on
the deeds of people who truly care.
98. Furthermore, I have learned in the past two to three months that
the deepness of Scientology's terror reaches into the lives of
children, which I will never stand by and tolerate. I have learned
that children are held in paramilitary camps and are forced to suffer
cruel and inhuman acts while under the armed guards of Scientology.
This may be a customary practice in Scientology, however this violates
every human rights issue and federal and state law in place today that
protects children in America. It must be stopped immediately.
99. Day Of The Child may have been defiled, if not devastated by the
actions of the Church Of Scientology, however my resolve to assist any
child in need can not be deterred. It is my most sacred desire that
this Declaration will bring attention by the proper law enforcement
agencies to investigate and prosecute these monsters.
100. I personally became the subject of a bloodthirsty scheme of
"dead agenting" and "fair game" between the Church Of Scientology and
Mr. Graham E. Berry, a lawyer who subjects himself to the vengeance
and destructive actions of Scientology. It is absolutely obvious that
Scientology conducted one of the most severe "fair game" campaigns
upon and to Mr. Berry in order to discourage him from further
anti-Scientology litigation. It is obvious that Mr. Berry has had his
entire personal life, false or not, broadcast across the world by the
acts of Mr. Ingram and Mr. Moxon.
101. Attached hereto as Exhibit 50 is a true and correct copy of a
declaration and exhibits that I executed on July 16, 1999. I hereby
confirm the contents thereof as being true and correct both then and
now, however since that time, and after having reviewed all of my
related files, letters, email communications and financial records, I
have incorporated the July 16, 1999, declaration with this final and
complete Declaration.
I declare under penalty of perjury under the laws of the United States
Of America and the State of California that the foregoing is true and
correct.
Executed this 5th day of August 1999 in Santa Monica, California.
___________________________________
ROBERT J. CIPRIANO
1
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1
Final - 8/4/99 2:04 PM
DECLARATION OF ROBERT J. CIPRIANO
Best wishes, SP4 & Adm. TOXE CXI
Andreas Heldal-Lund, Normannsgaten 9, N-4013 Stavanger, Norway
Pho: +47 88 00 66 66 Fax: 90 32 35 46 E-mail: heldal@online.no
home.sol.no/~spirous www.xenu.net www.hedning.no/hedning
---------------------------------------------------------------
"There IS life, love and friendship.... after $cientology."
- said by a former Scientologist
