177349269 Monique Rathbun v Scientology CSI s Anti SLAPP Motion Part 3

7/27/2019 177349269 Monique Rathbun v Scientology CSI s Anti SLAPP Motion Part 3

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EXHIBIT 19


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DECLARATION OF DANIEL MONTALVO

I, Daniel Montalvo, declare as follows:I. I am over 18 years of age and a resident of the State ofCo lorado. I have

personal knowledge of he statement contained in this declaration and could competentlytestify thereto, except where I have indicated that a statement is made on information andbelief, in which case I firmly believe the statement to be true.

2. In November 2007, I joined the staff ofBridge Publications, Inc. Over aperiod ofmonths prior to leaving Bridge, I downloaded confidential information of manystaffers at Bridge without authorization or permission. Us ing Internet Explorer, I was ableto access the entire FTP site.

3. I downloaded materials for several months prior to Sej)tember 20 10 on to mydesktop computer. I also downloaded these private files onto several flash drives Ipossessed.

4. I dec ided to leave Bridge staff in September 2010. At Ihat time, I tried tocontact Tom DeVocht but I couldn ' t locate a working phone number fo r him. I calledMike Rinder, whose number I found through Nexis-Lexis, and asked him for the phonenumber ofTom DeVocht. DeVocht had been a friend of my parents when he was in theSea Org. I phoned Tom DeVocht and asked for his help to leave the Sea Organization and

Bridge staff. DeVocht agreed to help me.S. I called DcVocht several times on Se temb er 24, 20 IO, and DcVocht

arranged to have a friend of his, Tiziano Lugli meet l!JJ with me Ihat evening. DeVochtinformed me where lo meet TiziCtno Lugli al a Jack- in-lhe-Dox res taurant that was near lhe


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offices ofChurch ofScientology International in Ilollywood. When I arrived at Jack-inlhe-Dox , I wa s met u with by Tiziano Lu gli and Marty Rathbun.

6. On Sc lcmb cr 24, 20 I 0, I wa s assigned to do som e work al my desk during astaff meeting, during which all of the other staff from Ilridge would be occ upi ed and awa yfrom my office. 13ridge Publications is located in Commerce, CA. Seizing u mn thisop Jortunily lo leave Bridge, I removed the fiv e hard drives from my computer andJJackaged them in a f ederal Ex ress box lo cany them. I also took fom flash drives withme which contained Bridge files. Defore l le fi I called DeVocht and told him I was aboutto leave Bridge and that I wa s takin g several hard drives with me. I look a car belonginglo Bridge and drove about 20 miles lo the offices of the Church ofScientologyInternational in Hollywood. DeVochl arranged for me to meet with Lu gli al a Jack-in-theBox a cou le blocks away from the Church of Scientology International building inl lollywood.

7. When l lell Bridge and went lo the Jack-in-the-Box, l mel up with Lugli andRathbun. I knew DeVocht had s )Oken to Rathbun about the hard drives because Rathbunasked me irJ had taken the hard drives from Bridge. Both Lugli and Rath bun were full yaware that I was mtting these stolen hard drives in their trunk. I did this so that security atthe church offices would not see me carrying anything and question me.

8. I arranged to drive Oridgc's car to the Church offices lo drop il off in their>arking lol , and have Lug li and Rathbun p ick me up a block away. I dropped the Oridgccar off al the Church offices and walked from there north fro m Hollywood and Iva r toYu cca Stree t wh ere Lu gli and Rathbun were JJarked, waiting for me. rgol into the car

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copying and it was loading for awhile. It may have been my "Data" drive whichcontained all the Bridge material plus anything else that I may have had on it.

12. I later s JOke to Lug li who told me that he had co Jies of some of theinformation downloaded by Headley. Exactly what Lugli eosscssed from I leadley -downloaded from the stolen hard drives - I do not know but it wa s clear he had som e ofthe material. Later that day, aller Lugli and I had returned to Lugli's house, I did secLug li give som e CDs to Marty Rathbun. I don' t know fo r sure if these CDs conta inedfiles downloaded from the hard drives at Ileadl e_x 's Jlace.

13. On Se )femb er 25 , 20101 Rathbun gave me an airline ticket lo Oy to Plorida togo to Tom DeVocht 's hou se. This wa s )aid for by Tiziano Lugli, but wa s reimbursedthrough donations Rathbun collec ted. Rathbun Jaid for my cab fare to ge t lo the ainor l.

14. While al Lugli 's home, Lugli and Rathbun asked me to )OSC for a )icturewith a CO2Y ofMarc Headley's book "Blown for Good." After being arrested, Ra thbunvostcd it on his Internet webs ite. I did not know the )hoto was going to be s )read on theInternet.

15. In addition to the hard drives, I also took several flash drives with me thatcontained confidential information from Bridge. Although I had allempled that day tomail the hard drives back to Bridge, when we got to FedEx, the place was closed. Lugliagreed to send them back to Bridge Publications. However, I kept the flash drives.

16. After I arrived in Florida, I wa s picked up at the airport by Tom DeVocht. Istayed at DeVocht's hou se overnight, and the next day, went with my grandmother. I leftthe satchel containing the fla sh drives at DeVocht's house. DeVocht told me later, that he

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had searched my possessions and found the flash drives, but said they were enc1ypted andhe was unable to open them. However, one of the flash drives had been loaned to me byDignus Lavooij, a Church of Scientology International staff member. That one was notencrypted, and could have been accessed by DeVocht.

17. I came back to Los Angeles on October 6, 2010, and spoke to a DeputySheriff who was investigating the theft, and was arrested. I was bailed out by Lugli, andtaken to live at the home of Jason Beghe. Beghe informed me after some months livingthere, that Marc Headley had contacted him because he was worried about havingpossession of the Bridge material on his hard drive, due to the fact that he [Headley] wasinvolved in litigation with the Church. Headley and Beghe arranged that Beghe wouldtake possession ofHeadley's hard drive containing the material he had downloaded fromthe hard drives. Beghe told me he was going to hide the hard drive in one of several largemetal shipping containers located on his property. I did not confirm that this actuallyhappened, but I do know that Headley came to visit Beghe on a number of occasions afterBeghe told me that Headley was going to turn over the hard drives.

18. Months later, I spoke to Lugli and he told me that he had spoken to TomDeVocht who then informed Lugli that I had taken some flash drives. Lugli asked mewhat was on the flash drives and when I told him there were a large number of life

histories he said he could have used them to contact family members of staff to causeIl l

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Il l

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problems and upset within fami lies using this confidential information.I declare under penalty of pe1jury under the laws of the State ofColorado that the

foregoing is tme and correct.

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EXHIBIT 20


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ree Daniel Montalvo IMovingOn Up a Little Higher

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Moving On Up a Little HigherMark "Marty" Rathbun's Place

Free Daniel MontalvoPosted on October 8. 2010 by martyrathbun09 I 366 Comments

hllp: //markrathbtm .wordprcss.com/20I0/ I 0/08/ free-daniel-mo


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Daniel Montalvo's first taste of freedom

About two weeks ago while I was taking a brief respite in the fmm of a wondetful evening at the home of MatyJo Leavitt, I received an urgent phone call from Tom Devocht.

Tom told me that he needed help with the escape of a 19-year-old staff member of Bridge Publications. DanielMontalvo never knew the outside world - having been in the Sea Org most of his life. Several months agoDaniel and the rest of Bridge Publications staff were forced to read Miscavige's Freedom magazine attackingmyself, Mike Rinder, Amy Scobee, and Tom Devocht. Daniel knew it was garbage because of what the rag hadto say about Tom. He knew Tom (when Tom was CO CMO CW) when Daniel was a young child andremembered him fondly for being so generous to and tolerant of children, including Daniel himself.

Consequently, Daniel searched the interne t and, through my blog he found a means to get hold of Mike Rinder,whom he figured correctly could (and did) get him in touch \\i th Tom. Daniel told Tom he could no longer takethe incessant stat push on books and tapes, the orders to cany out fraudulent practices against Scientologypublic,and the Int-like DM tortures now being practiced by CMO PAC messengers regularly at BtidgePublications. He said he knew nothing about the outside world, and knew vittually no one as never had a lifeoutside the Sea Org. Tom told Daniel he' d house him and employ him so that he could make a new statt if hewished.

Daniel phoned that patticular Friday night because there was a CMO mission running a rein of terror throughBridge for the usual down stats. All staff were being interrogated on the meter for outside connections andinfluences. Daniel was ce1tain he could not get away with withholding that he was reading my blog and hadconcluded that it contained nothing other than 100% gospel tmth.

Tiziano Lugli being my host in LA, and being the least PTS person I think I know on planet ea1th, bolted intoaction. The kid only had a hand held text message sender and receiver, no phone. We coordinated his routeout, lost all om tails, and picked him up at a pre-designated spot.We took him to a far away Deli and delighted at watching him eat a cheeseburger and fries "ith his eyes lit uplike he was ingesting an eight course gourmet feast prepared by Sinar Parmen himself.

Daniel brought a couple hard drives with him that contained music and may have been mixed with some otherBridge traffic. We advised Daniel to return them to Bridge which he did via messenger senice. Then we gotDaniel on a flight to Florida to see Tom DV.Tom and Daniel were beseiged by waves of Daniel's family members and OSA Flag staff using evety ploy andthreat possible to get Daniel to return. Tom fought them off like a she-gator protecting her young. Aftersuniving days of the onslaught, Daniel became intent on speaking with his mother. He phoned the church toarrange this, but reception put him through to Kendrick Moxon - an alleged attorney. Moxon proceeded to lieto Daniel that the hard drives were never returned, and made a convincing case (not difficult to do with a 19year old who doesn't even know the three branches of government) that Daniel would be put behind iron barsfor a good long time, UNLESS of course, he returned and cooperated with Moxon and routed out properly.

Tom sagely advised Daniel that he would face only one of two fates should he return, a) be sent to jail, orb)spend ten years in the RPF. After several sleepless nights and incessant badgering and threa ts from the


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aniel Montalvo IMoving On Up a Little Higher http://markra thbun .wordpress.conv'20 I 0/ I 0/08 /free-daniel-mo

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Daniel returned to LA to route out.Daniel was picked up by an investigator in a bl ack car with blacked out windows. Instead of being taken to ahotel, where he could route out as promised, he was taken to the Centmy City Towers. He was deposited in anoffice on the 33rd floor where a pricy chu rch lawyer interrogated him for two hours . Only then, did Moxoncome in and sta1t in terrogating harder, demanding that Daniel finger Tiziano, Tom, an d myself as the masterminds of his having taken hard drives from Bridge. Daniel explained that he could not say that because it is ablatant lie. Quite the contra1y, Tom advised him not to take the hard drives and I advised him to return themonce I learned that he had ignored Tom's otiginal advice.Moxon then said they would need to go the LA Coun ty Sheriffs office to clear eve1ything up . Ins tead of clearingit u p, Moxon pulled out a huge binder wi th shots and dossier's on Tom,Tiziano and myself. Moxon plied th eSherif fs detective with a grand conspiracy theory, characterizing me as the "anti-christ" of the chu rch ofScientology. I guess Kingpin has become passe.The next thing Daniel knows he's in a ce ll where he sat for the next 30 hours. Had it not been forTizianofronting $2,ooo through credit Daniel would be there now and for God kn ows how long.David Mi scavige - who I promise will go to jail before this is all over - ordered Kendrick Moxon - whose barca rd I am now promising to take away - stabbed a nineteen year old slave in t he back the second he got a whiffof freedom. I have never heard of such low-life treache1y . And Lord knows I've seen my share of it under thetu telage of th e master of treache1y, David Miscavige.Tiziano, Jamie Sorrentini, Tom, Mike Rinder, Jason Beghe and I have been worki ng in a fluny this afternoon toget Daniel out of the LA County (East LA branch) jail.As of the minute I post this, Daniel walks free once again, at least temporarily, having been bailed out by Jam ieand Tiziano.We ha\'e arranged for a coml!_etent attorney to re rese nt Daniel at his arraignment tomo1Tow.I have been hesitant to raise money for our cause despite the need - recognizing how fo rmer church membershave been fleeced to the bone ove r and over. However, my rule on that score doesn't apply to a 19 year old kidfacing the penitentiary in thanks fo r th e following sins:a) Leaving a lifehood of slave1y to get a tas te of freedom and the world.

b) Refusing - despite eve1y provocation and incentive and threat - to frame th ree guys who we nt ou t of thei rways (and dipped into their pockets) to help the kid achieve that freedom.Accordingl}J I am creating t rn Free Daniel Montalvo Fund. We are hying to initially raise the 3,000 dolla rs(bail and aitfa res) we've already personally fronted) and another 5,000 for a retainer for a criminal lawyerskilled and tough enough to take on the church and the LA County Sheriff Leroy D. Baca. Yes, the Sheriffhimself. Do you seriously think the chu rch could get any other agency in the world to do th e kind of illegal,underhanded work they've got ten the Sheriff's Office to do? They wouldn 't have a prayer without owning theSher iff himself. As to whether that is the case, I invite you all to peruse church promo over the past ten


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e Daniel Montalvo IMovingOn Up a Little Higher http: //markrathbtm .wordpress.conv20 I0/ I0/08/free-daniel-mo

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Baca has extolled their vi1tues over and over - in exchange for getting to hob nob with Cruise, Travolta, Alley,etc - even while dozens upon dozens of staff have been continually held in vitt ual bondage by thevery inst itution - in his jmisdiction - he lavishes with praise.

For now, if you are interested in conhibuting, you can go to my paypal account - under the donate section onthe front page of the blog, http:/ /markrathbun.wordpress .com/donate/ . When you are prompted to wlite amessage with any donation, ju st put in Free Daniel Montalvo Fund. I'll keep exact accounting of s uchdesignated funds .Without you all, this young man would have already been crushed like a bug and forgotten. With you, he willnever be forgotten. I think this is one of those places where we are compelled by conscience to etch a verydistinct and durable line.

Free Daniel Montalvo!


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EXHIBIT 21

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DECLARATION OF DANIBL MONTALVOI, Daniel Montalvo, hereby declare:l. I am over 18 years ofage and a resident of the State ofCo lorado. I have

personal knowledge of th e statements contained in this dec laration and could comp etentlytestify thereto, except wh ere I have indicated that a statement is made on information andbelief, in which case I firmly believe the statement to be true.

2. I have been involved in several legal cases this past year. One was apotential case against me related to computer hard drives and flash drives that I took wit hout authorization or permission when I left my work at Bridge Publications. JohnDuran, an attorney referred to me by Jason Beghe, represented me in this case. I alsobrough t civil cases against Bridge Publications and the Church of ScientologyInternational.

3. I know a person named Marty Rathbun, who used to be a senior execuliveof the Church. Rathbun has attempted to get involved in my lega l cases. He went to visitmy attorney, John Duran, to talk to him about my cases. Rathbun talked about theChurch and the Church's way ofdealing with lega l matters like the lega l tact ics theChurch would use in litigation. Jolm was not very interested and his reaction was "OK,wh atever." Rathbun was coming up with all these legal conclusions acting like he was the

boss and JoJm was like "You just let me do my job." John was not particularly fond ofRathbun. I was living at Jason Beghe's hom e at the time. Rathbun and Mike Rindcrwere in tow n and they stayed over at Beghe's house one night in early December 20 l0and we talked about my cases. Rathbun and Rinder sa id they were very experienced with


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how the Church handles legal cases. They wanted to talk to my lawyer, John Duran, toget him to "play hard with lhe Church" and lo have them and others testify for thepurpose ofputting Scientology and the Church on trial, even though I was a potentialdefendant in one case, and a defendant in another case, and the Church's actions were notat issue in these cases. ML Duran did not agree with what Rathbun wanted aud thoughthis suggestions were over the top.

4. Rathbun, who I have been informed was a "legal fighting guy" when heworked for the Church, and Mike llinder, who used to be the head of the Office ofSpecial Affairs that handles legal matters, both became consultants to the attorney whorepresented me in my civil case against Bridge and the Church. Prior to the suits beingfiled, Rathbun and Rinder came to Beghe's house and met with me for some hours wherethey talked to me about my involvement in the Church. They then came with me to meetmy civil attorney Kil Winter and rovided information to my attorney on the organizationof the Church, background and information about the Church ofScientology and lega lstrategies used by the Church. Rathbun and Rinder a J arcntly had ex eriencc with theChurch's legal matters and could provide information about the way the lega l sys temworked within the Church and the way the Church uses the legal system. I was resentfor one meeting with my attorney where Rathbun and Rinder were present. It is my

understanding that after that meeting, my attorney s JOke with Rathbun and Rindcr on afow occasions outside my presence.

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5. I also sent the complaints, prior to them being filed , to Rathbun to review.Shortly thereafter Rathbun posted about the filing of the cases, which resulted in the St.Petersburg Times and other media running a story about the lawsuits.

I declare under the penalty of petjury under the laws of the State of Colorado thatthe foregoing is true and correct.

Executed this < . >.S:: ..., day of December, 20 11 at Castle R-ock,(

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EXHIBIT 22

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) Monique Banks Rathbtm

Monique Banks Rathbun

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https ://www. facebook.convmonique. rathbun? fref=ts&re

RECENT ACTIVITY"Happy Valentine's day Mims!!! " on Mm i Arm agh Parrow's post on MoniqueBanks Rathbun's wa ll."Happy Birthday C.R.!! M&M" on C.r. Hodgson's timeline .Monique is now friends with Mark Patterson and Keri Easton.

Mimi Armagh ParrowHope you have a phenomenal weekend!XOXOLike Comment February 11, 2012 at 2:14pm

Dee McMurdie likes this.Monique Banks Rathbun Thanks Babe, Just recovering from allthe fireworks!! Slept till 12:30February 11, 2012 at 2: 15pm Like 1

-1 Mimi Armagh Parrow The rest wa s well deserved! I went to~ spin, came home & did burpees and went right back to bed, lol!February 11, 2012 at 2:16pm Like 1[ Write a comment. ..

Monique Banks Rathbun shared a hnk.Scientology I nc. v. De bbie Cook, Day 2markrathbun.wordpress.comOn going coverage: Village Voice updates from inside the courtroomMikeBoard1200 Twitter feed from inside the courtroom I will be adding linksto the post as they become available. -Mosey

Like Comm ent Share February 10, 2012 at 7:11am Pete Griffiths and Michelle Wentl ing like this.1 share

[ Write a comment...

Monique Banks RathbunOMG I am still awake and I have no idea why!!

J Like Comment Share February 10, 2012 at 3:29am View 6 more comments

Mimi Armagh Parrow Yup 34! !February 10, 2012 at 3:47am Like

Mon ique Banks Rathbun ok i can do that! Gonna try and get inan hour or two of sleep before Day 2! ! Check with ya laterFebruary 10, 201 2 at 3:47am Like 2

-; Sara Finning you're on GMT (Greenwich Mean Tlme);.1("4".'~ February 10, 2012 at 4:53am Like:J Mimi Armagh Parrow Holler or text if .... . . .. __ ... _,__ - - -' '. ~ Chat {Off}

J


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) Monique Banks Rathbun


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https ://www.facebook.com/monique. ra thbrn1?fref=ts&re

More information on the crimes of the "Church of Scientology" that continue togo unnoticed by authorities!!! Help wake up the Federa l Government who aresupposed to be protecting citizens rights!!If you have not signed the pet ition please do so, this is not aboutreligion...... his is about basic human rights!!!Why th e Federal Government Must Be Held toAccoun tmarkrathbun .wordpress .comPease see the documentation of illegal andunconscionable conduct of David MiscaviQe's Radical

Like Comment Share October 16, 2011 at 6: 19am Tara Morgan Bryant, Dee McMurdie and 2 others like this.I rite a comment...

RECENT ACTIVITY"Well done!!!! :-)" on Ziba Feu lner's post on Marty Rathbun's wa ll.

Monigue Ba nks RathbunAnother example of what this so called "church " is doing! Please read thisarticle, these are friends and well intentioned individuals!!!WE CAN NOT LET THIS "CHURCH" GET AWAY WITH THIS!!!SIGN THE PETITION! !!!http://wh.gov/40s

Scientology Hates Clean Ice, Part 2:Another Target, and the Web asWeaponblogs.villagevoice.comOn Wednesday, we told you about aScientology

Like Comment Share October 14, 2011 at 9:08am Sinar Parman, Laura Ann Fow ler Wilson, Dee McMurdie and 3 others likethis.

Mareka Backus I can't believe they did that to Susan!! They arefkn insane .October 14, 2011 at 9:26am LikeMonique Banks Rathbun I can totally believe it, it's the samecrap they have been doing to everyone who has anyconnection toMike or Marty. I just can't believe they are allowed to get away withit, I mean FFS...enough already, how much proof do you need beforethe authorities get off their asses!!!!!October 14, 2011at9:30am Like 4Karla Zamudio We'll make it!October 14, 2011 at 12:01pm Like[ Write a comment...

Chat (Off)


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https://www. acebook.convmonique. ra thbtm?fref=ts& re

Hello Lady .. t has been a long time .. ou look amazing! Hope all is well!!! :-)) )Like Comment October 13, 2011 at lO:OSam

Monique Banks Rathbun Yes things are really good! How arethings with you .. .Octo ber 13, 2011 at 11:42am Likej Write a comment. ..

Monique Banks RathbunRecent example of how the "Church of Scientology" rips families apart. HeartBreaking!! I f you have not signed the petition .. .Please do so!! No "church"should be allowed to hid beh ind "religion" to get away with these abuses!!!http://wh.gov 40s

Know ledge Report : Lori Hodgson onDisconnectionwww youtube.comSciento logy's po licy of Disconnection breaks upfamilies.

Like Comment Share October 12, 2011 at 6:34am Dee McMurdie, Svetlana Shketik, Graham Berry and 4 others like this. , arla Zamudio just email over 100 people on my database gotIll.4 about 300 more to go .... xo

Octobe r 14, 2011 at1 2:00am LikeI rite a comment...Monique Banks RathbunLori Hodgson

Scientology and Disconnection: 'No One's Going to Take MyEternity Away'biogs .villagevo ice .comLori Hodgson keeps telling me she's going to give me the entire story of hertime in Scientoloqy. Well, I'm ..

Like Comment Share October 11, 2011 at 8:55am Dee McMurdie, Graham Berry, Mary Elle and 2 others like this.

Mareka Backus Disconnection sucks ass! Poor Lori, I hope herkids see sense soon!Octobe r 11, 2011 at 10 :43am Like 3Paul Jay Salemo Lori is seeing things more clearly day by day ... Ihope those poor kids break free of all the unhealthy influences thatthey may be experiencing soon .October 22, 2011 at 7:05pm Like [Write a comment...

RECENT ACTIVITYMonique likes Scien tology Hates Clean Ice, Chat (Off)


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https: //www.facebook.conv'monique. rathbtm?fre f=ts&re

Monique Banks RathbunThis is what the "church of Scientology'' spends donation money on. Trackingdown our travel reservations and ambushing us at the airport inPhoenix ...http:/ /youtu.be/SxQolLCu700I f you have not already signed this petition, please do! No one should beallowed to get away with this kind of behavior in the name of "religion".

http://wh.gov/40s ..See Morehttp : / /www .youtu.be/SxQolLCu700www.youtu.be

Like Comm ent Share September 29, 2011 at 6:34am

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Sam Domingo, Dee McMurdie and 2 others like this.Laura Ann Fowler Wilson Jim doesn't know what to do whenconfronted with Mosey and carol! Grrrrrrrr! You go girls!September 29, 2011 at 7:22am Li keJack Airey Get EM Mosey . .! signed the PSeptember 29, 2011 at 8:09pm Like[ Write a comment...

Lauralee HunnicuttYour still an AMAZING person that I met when I was a kid, you ALWAYS hadthe biggest heart! I hope we never lose contact again! xoxoLike Comment September 28, 2011at9:13pm

Monique Banks Rathbun Nope!!! Never!!!!September 29, 2011 at 5:48am Like 1jWrite a comment...

RECENT ACTIVITYMonique and Tatiana Baklanova are now friends . Like Comment

Monique Banks RathbunTo my FB friends and Family, Please read the attached petition and sign. Peasehelp to get the government to investigate the abusive and criminal behavior ofthis "church''. What they are doing is wrong and should not be allowed to getaway with it. All you need is a valid email account, you can even just sign usingyour first and last initials if you would prefer to remain anonymous! Help bringjustice for so many victims of the church! Thank you!! Currently at 1400 almosthalfway there!!

EX AM INE THE GOVERN MENT'S FAILURE TOI NVESTIGATEAND PRO SECU TE CHUR CH OFSCIENTOLOGY CRIME, FRAI In ANnwwws.whitehouse.gov j


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Sneering, Whining and Lying - DM's Trademarks IMoving On Up a Little Higher

1nosey lo 2011 at 4.50 om f { f olyMy real concern is that as the "church" continues to lie to their members and opcrathes abouthow "evil" Marty and the independents arc, seeing how deluded they already are, might dosomething ,e1y stupid. Who is to say that one of these poor souls who are on some s01t ofethics amends project or tl);ng to get on the next lewl of the bridge, or trying to be a hero thatDM will raise in stah1s, won't do something really crazy. I've looked Joanne Wheaton and EdBryan in the eyes. They are deranged incli\;duals. The church is breeding these extremists.Radicalism is dangerous. Look what was done in the name of Islam. My hope is that"Scientologists" don't go the same route. Having been exterior to the situation all along andsimply watched what has played out before my eyes, I think it is nai\'e not to haw suchconcerns.

Martin J July 16, 201 1 at5 :07 prn J ~Completely agree Mosey; this is a real concern, and why, despite eve1y thing collectively weneed to see the goodness within all these people, even the raclicalisecl ones, and be readywith help and support when needed. Pretty soon there be a lot ofve1y confused anddisodentated SO and staff in particular who will need stable reference points and friendlyarms. I have the wherewithal and willingness in my area to help house and support those ingenuine need.

splog July 16, 2011 at 9:53 pm J ~I promised myself a while ago that evmy now and then when this aspect comes up (SOmembers find themselves with nowhere to go), I'd make an offer to help - sooner orlater old friends of mine will read this and maybe find themselves needing a helpinghand. The time has come around again.

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CAUSE NO. C-2013-1082BMONIQUE RATHBUN,

Plaintiff,v.

DAVID MISCAVIGE, RELIGIOUSTECHNOLOGY CENTER,CHURCH OF SCIENTOLOGY

INTERNATIONAL, STEVEN GREGORY SLOAT, MONTY DRAKE, DAVE LUBOW and ED BRYAN,

Defendants.

IN THE DISTRICT COURT

207TH JUDICIAL DISTRICT

COMAL COUNTY, TEXASAFFIDAVIT OF DAYID LUBOW

I, David Lubow, hereby declare and state:I. I make the following statements of my own personal knowledge and if called to

testify thereto, I could and would do so competently.2. I am a resident of Los Angeles County, California.3. I am a licensed private investigator. I am also an independent documentary film

producer. I started my documentary film career in 2004. Because there was so much false andderogatory information about me on the Internet arising out of my investigative work, I decidedto use the pen name David Stalter for my documentary work. My first documentary, which Iwrote and produced, was the feature length documentary Prescription: Suicide? addressingpsychiatric abuse of prescription medication with children. My film and producer credit can be

found on IMDB (Internet Movie Database, containing- the standard database for film makersand movies) under the name David Stalter (Executive Producer: Prescription Suicide? 2005). InNovember of2005, Prescription: Suicide? premiered at the Ft. Lauderdale International Film

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Festival where it won the "Spirit of Independents" award. The film has appeared in many otherfilm festivals across the US and Canada, including the Beverly Hills Film Festival, where itreceived an Honorable Mention. The film has been seen by at least 600,000 people thus far. It iscurrently for sale through a national distributor. As producer of the film, my responsibilitiesincluded financing the film, writing scripts and dialog, hiring the director, editor and film crewand arranging worldwide distribution. Through my international distributor, Prescription:Suicide? has appeared on television stations in the USA, Canada, Israel, Norway, Finland,Sweden, Brazil, The Middle East, Hungary and in Germany on ZDF as recently as August of2013. After the success ofPrescription: Suicide? I began work on a second film dealing withthe same issues. That sequel to Prescription: Suicide? is in pre-production.

4. Prior to 2009, I was retained by Los Angeles attorney Elliot Abelson on behalf ofhis client, the Church of Scientology International ("CSI") to perform investigative actions insupport of litigation, prospective litigation and threatened litigation in which the CSI was orcould be involved. I was also retained to investigate potential violations of intellectual prope1tyrights licensed to CSI relating to the Scientology religion.

5. This assignment arose in part out of public record research and investigation, inwhich it was detennined that Mark ("Marty") Rathbun (sometimes hereinafter "Rathbun") waspotentially violating religious trademarks for which CSI is the exclusive licensee by deliveringan altered form of Scientology. Rathbun also made public statements on his blog in August2010, exhorting Scientologists to steal church records from CSI or any other church available tothem, to bring the stolen materials to him and that he would "protect" the thieves as purportedwhistleblowers. Rathbun was overtly working with persons involved in litigation with CSI,Scientology parishioners and the Church ofScientology Flag Service Organization church and

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purporting to be a "consultant" to attorneys engaged in litigation with CSI and Flag ServiceOrganization. Mr. Abelson hired me on behalf of his client CS!, to investigate the mattersaddressed in this paragraph respecting Mark Rathbun, and also to determine what facts might beapplicable to bringing both civil and criminal actions against Rathbun. I took direction from Mr.Abelson and coordinated and reported to him or to staff at CSI. I have never reported norconsulted with any staff member or representative of Religious Technology Center, nor withDavid Miscavige, regarding any investigation relating to Rathbun. I have never met nor spokento Mr. Miscavige.

6. In the context of this assignment, I performed investigations regarding MarkRathbun. At no time did I or anyone working under my direction or in coordination with me,undertake any unlawful actions or actions which would violate the privacy of Monique Rathbun.Indeed, the investigation was targeted at Mark Rathbun, and Monique was at best tangentiallyinvolved because she lived with Rathbun and she was engaged with him in the business ofdelivering "Scientology" services in violation of religious trademarks .

7. Neither I nor any investigator working for me or within my knowledgephotographed inside the Rathbuns' place of business/residence, used any form of electronicsurveillance with respect to the interior of his business/residence, used any form of microphoneto overhear private conversations ofplaintiff or her husband inside or on the porch of the placeof business/residence, interfered with or wiretapped the Rathbuns' telephone or internet service,physically blocked or interfered with the Rathbuns' freedom of movement, or physically touchedor threatened the Rathbuns. No surveillance was conducted by photographing into theirwindows or doors. No electronic devices were ever used to track Rathbun or his wife. The onlyinvestigative actions undertaken respecting Rathbun (or his wife) were conducted for the purpose

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of obtaining, information with reference to (a) the identity, habits, conduct, business, occupation,honesty, integrity, credibility, knowledge, activity, movement, whereabouts, affiliations,associations, transactions, acts, reputation, or character ofMarty Rathbun, (b) the location anddisposition of stolen property; and (c) securing evidence to be used before a court or forcomplaints to appropriate law enforcement pursuant to California Business & Professions Codesection 7521 and section 1702.104 of the Texas Occupations Code.

8. In 2010 I interviewed some former co-workers ofMonique Rathbun. Thepurpose of the interviews was to acquire information regarding Marty Rathbim, his finances, hisactivities, his associations and his mental state. I interviewed Monique's ex-husband for all thesame reasons. Monique Rathbun called me in 2010 after these interviews and indicated she wasavailable to answer questions. These conversations were all for the purpose of the investigationof Mark Rathbun for the reasons addressed above.

9. In 2009 through early 2011, Rathbun made many virulent and malicious attacksagainst the Scientology religion - of which I am a member. These included appearances in theelectronic media through live interviews, interviews to print reporters and his own blog entries.Among public assertions by Rathbim, were that the way the religious procedures are utilized inchurches of Scientology were somehow incorrect, and his own claims that he could provideservices to Scientologists in a fashion different from the services the churches offered butsupposedly more true to the religion - assertions that are very offensive to me as a Scientologist,to CSI and to any Scientologist. And, as noted above, Rathbun was engaged in deliveringScientology services and counseling at his office/home, for compensation, even though he hadbeen expelled from the religion and possessed no religious authority to provide Scientologyservices to anyone. These actions of altering standard Scientology practice, and the delivery of

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altered Scientology counseling, is known in the religion as "squitTeling." In Scientologyvernacular, Mark Rathbun was a "squirrel."

10. I was infonned, and I saw for myself, that many church parishioners were upsetover the false and derogatory assertions by Rathbun and were upset that this "squirrel" wasoffering a bastardized version of Scientology to former members, and seeking to enticeparishioners to leave the faith with false assertions that his brand of so-called Scientology wasmore con-ect than standard Scientology delivered in churches.

11. In March of 2011, I learned that CSI was willing to provide assistance and somefunding for Scientologists who wished to demonstrate against what were perceived as heinousacts by Rathbun. I met with Mark Warlick and John Allender, both dedicated Scientologists, atCSI offices in Los Angeles, to discuss the potential details and roles for such a project. Weagreed that we would simultaneously demonstrate at Rathbun' s office and make a documentaryregarding Rathbun, part ofwhich would include footage ofprotestors outside the location whereRathbun was undertaking his "squirrel" activities, and which he was using for his backdrop formedia interviews. A working title for the documentary was "The Story of a Squin-el," arid it wasplanned as both a film and sh01t videos of Rathbun and the protests against him to educate otherScientologists and the general public that Rathbun was a squirrel. We designed a logo for"Squirrel Busters" to put on T-shirts for the filming. Mr. Allender, as a producer for thedocumentary, filed a fictitious business name statement as "Squirrel Busters Productions" andregistered two potential websites we would use: sqbproductions. com and squirre/busters.org.Mr. Allender would be a producer and one of the primary voices for the documentary.

12. Starting in April 2011, I coordinated some of the Squin-el Buster's activities inand around Ingleside-on-the Bay, Texas, where Rathbun's squmel activates were in operation. I

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was present during most of the time the Squinel Busters protested and/or filmed. I briefed anynew volunteers who came to act as "squhrnl busters" on the project about Rathbun's propensitiesto violence, and the need to always keep the cameras running when Rathbun was in the vicinity.We also discussed the necessity not to react to Rathbun' s violence, screaming, and rage andpredicted efforts to incite the squirrel busters to fight with him. We agreed that no matter whatRathbun did, each person would maintain a totally non-violent form of demonstration. In fact, Ireceived approval from Mr. Abelson to retain a security guard who stood by during much of thefilming. The hope was that through pointed questions and sincere demonstrations we mightenlighten Rathbun to stop making false and malicious statements about Scientology andScientologists, or baning that result, to create a documentary showing his true nature as aviolent, foolish, "squirrel."

13. I hired professional videographers for the project to accompany the SquirrelBusters in their confrontations with Rathbim and to film the protesting outside of his office.Professional videographer Batt Pan did most of the filming for the project. For a three-dayperiod, I hired a local videographer named Bert Leahy to assist Mr. Parr. Mr. Leahy turned outto be extremely unreliable and incompetent and I info1med him after three days that his serviceswere no longer needed, and paid him for his time. Leahy called a couple ofweeks later askingfor further employment, but I declined to use him again. He apparently was upset at histermination and contacted Mr. Rathbun. Leahy allegedly gave a statement to Rathbun asse11ingthat I told Lealty the Squinel Buster project was "to make Rathbun's life a living hell." Thisassertion is utterly false; I never said that or anything similar to Leahy. After Rathbun publiclyposted an interview with Leahy making this asse1tion, Lealty called me several times and leftmessages suggesting he would change his story if I paid him to do so. I viewed these messages

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( as an attempt to extort me with tlll'eats unless I paid him . Following these messages, I spoke toLeahy on the phone, at which time he admitted that I did not make the "make Rathbun's life aliving hell" statement he had asserted and that Rathbun had "put words in his mouth." Leahyalso advised me that Rathbun had said he would "take care of me," paid all of his expenses tocome back to Ingleside-on-the-Bay for the recorded interview, and gave Leahy a personal checkfor $300 which Rathbun characterized to Leahy as a "gift" from a lady in Switzerland Rathbunrefused to identify. In that conversation Leahy attempted to exto1t me by offering to change hisstory if ! paid him $20,000, which I refused.

14. The composition of the Squinel Busters was primarily volunteers who changedfrom week to week, as each volunteer had other responsibilities. Mr. Abelson provided somefinancial and legal support to the Squirrel Busters from the Church of Scientology International.

15. The Squinel Busters were in Ingleside-on-the-Bay near Rathbun's place ofbusiness from April 18-21, 2011. Jn the month ofMay 2011, none of the Squin'Cl Busters werein Texas and no filming was done. On or around June I0th, filming and protest actionsrecommenced from time to time, schedules of the Squirrel Buster volunteers permitting. InSeptember 2011, all fihning and protests ended. Some of the filming was done in locations farfrom Rathbun' s home or office. Rathbun was not present at these other locations. Except for thefew minutes on April 18, 2011 when Messrs. Allender, Warlick and Hirst knocked on Rathbun'sdoor, all filming was done on public property.

16. Much of this filming was done with one or more of the Squirrel Buster's readingfrom signboards with script, and discussing religious issues with the Rathbuns' office/home inthe background. Some of the filming was "B-roll" filming at places Rathbun had claimed towork, and locations around Texas where he lived or traveled.

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17. CSI covered my expenses for the project, but several of the Squirrel Busters paidtheir own travel and food expenses. I rented a house for the Squirrel Busters in the neighborhoodnear the filming locations to reduce the costs for lodging, and to increase security.

18. RTC or David Miscavige has never retained me. I have never taken any directionfrom, met or communicated with David Miscavige.

Affiant further sayeth naught."

SUBSCRIBED AND SWORN TO BEFORE ME on this I ;.fl.., day ofOctober, 2013,to celiify which witness my hand and seal of office.

l it) OFFICIAL SEAL I KERRI PAUTANG5 " . NOTARY PUBLIC CALIFORNIA ~(ij . COMMISSION# 1911945 C; , . LOS ANGELES COUNTY -'! "" MY COMM. EXP. DECEMBER 1, 20141NOTARYPUBLICIN ~ O RTHE STATE OF CALIFORNIA

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active in defending my religion from persons seeking to attack its precepts and practicesand harassing the members ofmy faith. For example, I worked extensively to resolve theattacks by a hate-group calling itse lf "Anonymous" which made numerous threats to ourchurches and members, and promoted hateful "demonstrations" outside our churches. Iworked extensively with an anti-hate network in Santa Clara County, California, theOffice ofHuman Relations who were investigating the Anonymous group and whoissued a formal letter finding them to be a hate group. I actively pa1ticipate in ourreligious activities and outreach in this County and elsewhere in California.

4. I saw Marty Rathbun on CNN in 2010, when he made many false andhateful statements against my faith, and I was outraged to hear these assertions. I spokewith Mark Warlick, who was my friend and a staffmember at the Los Gatos church andthe Director of Special Affairs for that church and offered to help if there was anything Icould do.

5. In or about March of2011, I received a call from Mr. Warlick, who told memore about what Rathbun was doing in attacking our religion and its Founder with manyfalse statements which the media was willingly repeating. I learned that Rathbun, whowas expelled from the Church of Scientology, was promoting himself as an "independentScientologist," and claiming that our religious practices were somehow wrong, that hecould do better than the standard church practices in delivering Scientology, andencouraging Scientologists to leave our faith. I saw some of the public statements andarticles quoting Rathbun in this regard, which I viewed as outrageous. The Scientology

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religion has very precisely defined procedures and Rathbun's assertions were theequivalent ofreligious heresy, called in Scientology "squirreling." The term meansaltering the exact Scientology procedure set forth in works of the religion's Founder, andin Rathbun's case, pretending it is real Scientology practice. Squirreling is about theworst thing that one can do in the Scientology religion. Mr. Warlick said he intended togo to Texas where Rathbun lived and let Rathbun know very directly that churchparishioners knew what Rathbun was doing and we !mew he was a squirrel. I discussedthis with Mr. Warlick and volunteered to help and to speak to Rathbun personally abouthis wrongful conduct.

6. Mr. Warlick and I thereafter met with Dave Lubow and a staff member ofthe Church ofScientology International at the CS! offices in Los Angeles to discussRathbun. Mr. Lubow informed me he was a private investigator but also a filmmaker,and had made a documentary about harmful psychiatric drugging of children. We cameup with the name Squirrel Busters and discussed creating a documentary regardingRathbun. Mr. Warlick was a professional photographer and videographer and with DaveLubow's documentary experience we discussed how this could work to protest Rathbun'sactions and to create a documentaty to help educate other Scientologists and the public ingeneral that Rathbun was a squirrel and a liar. Mr. Lubow was the director and aproducer and general coordinator. I was to be a producer. We would talk to othermembers of our church to undertake protest actions in exercise of our First Amendment

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rights. The CSI staff member told us that CSI would help with some of the expensesinvolved to allow us to unde1iake this protest action and make the documentary.

7. I thereafter filed a fictitious business name statement as Squirrel BustersProductions with the city ofCampbell, CA. In June 2011, I also registered two potentialwebsites we would use sqbproductions.com and squirrelbusters.org. I registered the sitesfor 2 years and they have now expired.

8. I thereafter traveled to Ingleside on the Bay, Texas and met with MarkWarlick, and Richard Hirst (another Scientologist who volunteered for the protest anddocumentary project). We discussed what should happen in terms of reacting to Maiiy,because there was concern that he could be volatile and violent, and determined that nomatter what he did, we would maintain a totally non-violent form of demonstration. Ihoped through pointed questions and demonstrations, but not reacting in kind to anythingRathbun might say against my religion, to shame him into changing his ways. The goalwas to get him to stop presenting himself as a Scientologist and to recant. To me he wasobviously trying to make some cash over his notoriety and relying on the media to dothat. Religiously, it was very offensive for Rathbun to pretend to practice Scientologyand to denigrate the real practice of Scientology.

9. We also wanted to show who Rathbun really was through videos,interviews and a documentary - a man who was dishonest, illogical and a "squirrel," andthat the "Squirrel Busters" exercised their rights to protest that squirreling and attacks onour religion. We hoped to do this by asking questions to Rathbun to get him to reveal his

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squirreling and his trne nature. We wanted to let him know that we knew what he wasdoing. Thus, our first visit was a "tech inspection." In a Church of Scientology, a techinspection may be done where it is suspected or apparent that non-standard practices arebeing undetiaken by a minister or in a religious course room. In that event, a seniorecclesiastical person or authority would demand to see if the practices of the offendingchurch or minister was llue to the "technology of Scientology." Thus, our first visit wasappropriately, a "tech inspection" ofRathbun. On April 18, 2011, with a professionalvideographer named Bart Parr, and Scientologists Mark Warlick and Richard Hirst, Iknocked on Rathbun's door with video rolling. When he opened the door, I asked to seehis parishioner folders to see ifhe was correctly applying Scientology procedure, or"tech." Rathbun told us to get off his property and pushed Richard Hirst. Weimmediately did leave his front doorway, again with video rolling. Rathbun followed usto the street, taking video himself, where he assaulted me and ripped a microphone out ofmy camera. This incident was posted by us on the internet on.our squirrel busterY ouTube channel, and was also posted by Rathbun on his own Y ouTube channel. Thiswas the one and only time that the Squirrel Busters went onto Rathbun's property.

10. The composition of the Squirrel Busters was mostly different volunteerswho changed from week to week, as all ofus had other work or responsibilities at ourrespective homes. The Church ofScientology International provided some financial andlegal support to the Squirrel Busters. The crew included, from time to time, aprofessional photographer, and at some point, a security professional who was hired by

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Lubow. These professionals were hired to assist in documenting the events and to protectthe Scientologists from any potential harm.

11. In one incident when I attempted to interview Rathbun on the street in frontof his office/home where he was operating his squirrel practice, he repeatedly sprayed meand my microphone with a hose. The water ruined the microphone.

12. During the course ofour filming activities, the Squirrel Busters had non-violent verbal encounters with Rathbun and plaintiff in public areas, in the course ofwhich we discussed, often in heated or argumentative terms, Rathbun's "squirrel" andanti-Scientology activities. Except for the few minutes on April 18, 2011, when Iknocked ori Rathbun' s door, all the rest of filming was done on public property.

13. Many of our videos were put up on Y outube and I saw a number ofvideostaken by Rathbun of our actions, which were also posted by him on the Internet.

14. No member of the Squirrel Busters in my observation or within myknowledge, ever entered the Rathbuns' place of business/residence, peered into it,photographed inside of it, used any form of electronic surveillance with respect to it, usedany form ofmicrophone to overhear private conversations of Rathbun or his wife insideor on the porch of the business/residence or interfered with or wiretapped the Rathbuns'telephone or internet service, physically blocked or interfered with the Rathbuns'freedom ofmovement, or physically touched or threatened the Rathbuns.

15. On June 21, 2011, the City ofingleside passed an ordinance directed at theSquirrel Busters, requiring us to file for a permit in order to film. W c filed an application

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for a permit, but subsequently withdrew it upon legal advice that the ordinance wasunconstitutional as drafted. A local attorney was located for us by the Church ofScientology International, Richard W. Rogers, to assist as needed. On our behalf, on July20, 2011, Mr. Rogers wrote to the County Attorney on the matter and the City thereafterrepealed the Ordinance.

16. On September 20, 2011, our lawyer, Richard Rogers, received a call from aSan Antonio attorney, Christopher Gale, who said he represented Marty Rathbun andthreatened to file a lawsuit. Rogers met with Gale and Rene Rodriguez, another lawyerrepresenting Rathbun, and told them that his clients' acts were protected by the FirstAmendment, as our acts were solely the exercise of our rights to protest and the creationof a documentary regarding what we saw as important religious issues. Gale requestedthat the Squirrel Busters agree to stay 150 yards away from Rathbun's prope1ty. Rogerstold Gale the Squirrel Busters could possibly agree to remain at least 20 feet away fromthe property. Informal negotiations continued between Rogers and Gale, but noagreement was reached and no lawsuit was filed.

17. I have never had any dealings or communications with any RTC staffmembers on this subject or any matter relating to Texas, Marty or Monique Rathbun, theSquirrel Busters or any remotely related matter. I have never met or communicated withDavid Miscavige prior to or during the filming of the documentary. I did meet Mr.Miscavige for the first time at the Grand re-openings of the newly renovated StevensCreek and Los Gatos Churches ofScientology in 2012. Mr. Miscavige was present as the

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ecclesiastical leader of the religion at these ceremonies to dedicate the newly openedchurch buildings. At each, I literally said a quick hello and shook hands and had mypicture taken to commemorate the events. I was not paid by RTC, directed by RTC orcommunicated with RTC on the Squirrel Buster project.

18. I covered my own expenses traveling to and from Texas to my home inCalifornia several times.

JOHN ALLENDER

State of California )c:.3((,114.. c-te..k.County ofbelt Angeles ')Subscribed and sworn to (or affirmed) before e ~ ' l t ti


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CAUSE NO. C-2013-lUll:.16MONIQUE RATHBUN,

Plaintiff,v.l>AV1D MISCAVIGE, RELIGIOUSTECHNOLOGY CENTER,CHURCH OF SCIENTOLOGYINTERNATIONAL, STEVENGREGORY SLOAT, MONTY DRAKE,DAVE LUBOW and ED BRYAN,

Defendants.


207 JUDICIAL DISTRICT

COMAL COUNTY, TEXAS

AFFIDAVIT OF RICHARD HIRSTOn this day, personally appeared Richard Hirst, who, after presenting proper

personal identification and being sworn, upon his oath, stated as follows:l. My name is Richard Hirst. I am over 18 years of age, have never been

convicted of a felony or crime involving moral turpitude, and am otherwise competent to

make this affidavit. The statements made herein and facts stated in this affidavit are trueand correct and based upon my own personal knowledge.

2. I am a resident of the State of Florida.3. I own a small electronics company which manufactures equipment for

various companies, including the aviation industry.4. I have been an active and devoted Scientologist for 40 years.


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5. In April of2011, I received a call from a staff member of the Church ofScientology International, telling me that John Allender, Dave Lubow and Mark Warlickwere planning to go to Texas to protest the actions of a man named Marty Rathbun, andto create a documentary regarding their protest efforts and Rathbun's activities. I had readabout Rathbun and knew that he was a former member of the Church, but that he wasnow an apostate of the religion making lurid and false statements about my faith. I agreedto participate in the project in support of my religious rights.

6. I thereafter paid my own way to fly to Texas. I met with John Allender,Mark Warlick, and a videographer named Bart Parr near Corpus Christi. Mr. Allender,Mr. Warlick and Mr. Lubow had already worked out many of the details of the project. Itwas to perform protests against Mark Rathbun arising out ofhis public attacks against thestandard practice ofScientology-- which he denigrated -- in lieu ofhis own distortedpractice of pseudo-Scientology which he offered. Our second purpose was to create adocumentary of those protests and Rathbun's acts. I considered Rathbun's acts to be tobe an altered form of Scientology, called in our religion, a "squirrel," oftbeat and totallywrong practice. So we called ourselves "Squirrel Busters."

7. I was in Ingleside-on-the-Bay four different times for several weeks in all. Iparticipated in the movie making and demonstrations against Mark Rathbun outside ofhis office/home where he was undertaking this "squirrel" practice. I felt very stronglyabout the religious issues involved in our demonstrations and our right to exercise ourright to protest Rathbun s wrongful acts.

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8. Often Marty Rathbun ands metimes his wife would come out to the streetwhere we were staging the movie makin and the protests. I was assaulted by Rathbunduring this process, having been shoved him s e v e r a l H m ~ . J l a t h b u n came up to meon one occasion and knocked my h t d f f t ~ i n t ~ ~ : ~ ~ - = ~ to stop protesting. However,despite Rathbun's assaults and battJries, I and my fellow Squirrel Busters felt it importantto maintain a totally peaceful protest, and we did so. On several occasions, Rathbun'swife, named Monique, came out to talk to us and engaged in debate on religious issues. Irequested that she try to keep her husband under control so we could make our movie andprotest without his intimidation and assault and disruption ofour filming.

9. During our protests and movie making, never did I or my fellow SquirrelBusters film into Rathbun's house, doors or windows. We never blocked the way ofMr.or Mrs. Rathbun or physically intimidated them in any way.

10. Only once did we go on Rathbun's property-the very first day we arrived.On that date in mid-April 201 l, we knocked on Rathbun's door to talk to him and askedto do a "technical inspection" ofhis notes and materials. This is a Scientology tenn,meaning to review the procedures of a Scientology minister/auditor. We knew thatRathbun could not pass a tech inspection because he was a "squirrel" and was notperfonning standard Scientology procedures. He told us to leave his property, which weinllllediately did.

11. The subject of the protest was not Monique Rathbun. Rather, the subjectwas Marty Rathbun and the primary object was Marty Rathbun's improper application of

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Scientology materials in an offensive manner, pretending what he was doing was actualScientology, as well as his false and highly derogatory assertions against my religion.Affiant further sayeth naught." ~ * = -ICHARD HIRST

SUBSCRIBED AND SWORN TO BEFORE ME on this 15 day ofOctober,2013, to certify which witness my hand and seal of office.

NOTARY PUBLIC INAND FORTHE STATE OF FLORIDA~ a ?


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CAUSE NO. C-2013-1082BMONIQUE RATHBUN,

Plaintiff,v.

DAVID MISCAVIGE, RELIGIOUSTECHNOLOGY CENTER,CHURCH OF SCIENTOLOGY

INTERNATIONAL, STEVEN GREGORY SLOAT, MONTY DRAKE, DAVE LUBOW and ED BRYAN,

Defendants.


207TH JUDICIAL DISTRICT

COMAL COUNTY, TEXASAFFIDAVIT OFMONTY DRAKE

On this day, personally appeared Monty Drake, who, after presenting proper personalidentification and being sworn, upon his oath, stated as follows:1. "My name is Monty Drake. I am over 18 years of age, have never been convicted of afelony or crime involving moral turpitude, and am otherwise competent to make this affidavit.The statements made herein and facts stated in this affidavit are true and correct and based uponmy own personal knowledge.2. I am a resident ofHood County, Texas.3. I am a private investigator licensed in the states of Texas and Oklahoma, and have beenin the private investigation industry since 1986. My work has been diverse and includesinvestigation of third party personal injury cases, workers' compensation and non-subscribercases, background checks and investigations for employers and other business entities, witnessand asset location, skip tracing and other general investigations.

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4. One specialty of my work has been investigating violations of intellectual property rights,production and marketing of counterfeit goods and, particularly, trademark violations. In thisrole, I have worked with dozens of major national and international fashion designers andproducers, investigating and coordinating civil and criminal prosecution of violations of theirintellectual property rights. I have been involved in hundreds of cases and many large arrestsand seizures relating to trademark violations. While many of my clients are in California, NewYork, France and Italy, my investigations for each have been focused in Texas. I oftencoordinate with law enforcement entities to pursue criminal charges against intellectual propertyviolators, and have frequently assisted law enforcement and prosecutors in arrests andprosecutions.5. Another focus ofmy work has been investigations for the telecom industry relating to thebulk purchasing and misuse or illegal use of prepaid mobile phones. I have worked for mostmajor telecommunication phone companies. Many such mobile phones are purchased in theU.S., and then sent to the Middle East and other foreign countries. Telecommunicationcompanies lose money from the illegal use. These phones are also susceptible to use byterrorists or for other illegal activities, since the phones are inexpensive and often used only onceand, therefore, are difficult to trace.6. I have never been sanctioned or disciplined by the Texas State Board of PrivateInvestigators and/or the Counsel for Law Enforcement Education and Training ("CLEET") inOklahoma.7. Los Angeles attorney Elliot Abelson retained me in 2009 on behalf of his client, theChurch of Scientology International ("CSI''), to undertake an investigation in support oflitigation, prospective litigation and threatened litigation related to CSI and to investigate

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potential violations of intellectual property rights licensed to CSI relating to the Scientologyreligion. My retention arose in part out of public record research and investigation, in which itwas determined that Mark ("Marty") Rathbun (sometimes hereinafter "Rathbun") was potentiallyviolating trademarks for which CSI is the exclusive licensee. Mr. Abelson hired me on behalf ofhis client CSI to investigate the matters addressed above respecting Mark Rathbun, and also togather facts which might be applicable to bringing both potential civil and criminal actionsagainst Mark Rathbun. Rathbun also made public statements on his blog in August 2010,encouraging Scientologists to steal church records and/or information from CSI or any otherchurch entity and to bring the stolen materials to him. I was also told that Mark Rathbun hadreceived property stolen by a staff member of Bridge Publications (the religion's publishinghouse) in September 2010. All of these matters were the subject ofmy investigation.8. At no time did I, or anyone working under my direction or in coordination with me,unde1take any unlawful actions, actions exceeding my license as a private investigator, or anyaction which otherwise violated the privacy of Mark Rathbun or his wife, Monique Rathbun.The focus of the investigation was directed at Mark Rathbun and not at Monique Rathbun.9. The extent of my investigation was lawful surveillance for the reasons noted above. Itconsisted of surveillance, photographing, videotaping and static cameras focused on the areaoutside the Rathbuns' office/home and publicly visible from the street or other public area. Thestatic video and photographing were performed from another house in the neighborhood which I

rented for that purpose. The cameras allowed me to observe persons coming and going from theRathbuns' office/home premises. Anything the camera could see, a person could also see fromthe street. No surveillance was ever done by me, anyone working with me, or within myknowledge, which was directed inside the Rathbuns' office/home. No surveillance was done by

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photographing into their windows or doors. No electronic eavesdropping or listening deviceswere used in our investigation. No electronic tracking devices were used to track Rathbun or hiswife. Neither I, nor anyone working with or for me, ever entered upon the Rathbuns' property.Neither I, nor anyone working with or for me, ever spoke with or sent anything to MoniqueRathbun or to her place of employment.I 0. The investigative actions undertaken respecting Rathbun were surveillance andinterviews conducted for the purpose of obtaining information concerning (a) crimes or wrongsdone or threatened against CSI or other churches ofScientology, (b) the identity, habits, conduct,business, occupation, honesty, integrity, credibility, knowledge, activity, movement,whereabouts, affiliations, associations, transactions, acts, reputation, or character ofRathbun andthose associated with him, (c) the location, disposition and recovery of misappropriated or stolenproperty, or (d) securing evidence to be used before a court or for complaints to appropriate lawenforcement.11. Some of my investigation was via the Internet sites which Rathbun publicly used tocommunicate his activities and sometimes I or an associate followed Rathbun's car to determinewith whom he was meeting.12. These sources of information indicated that both Mark Rathbun and his wife wereapparently engaged in business pursuits from their office/home potentially in violation of andprofiting from Scientology trademarks and copyrights, were seeing clients and others at theiroffice/home who were persons who had evidently left the Church of Scientology, who werepresent members of the Church of Scientology and/or were individuals involved in potentiallycriminal, tortuous and/or litigation actions against the Church. The Rathbuns were providing

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interviews from their office/home to media members who had been critical of the Church, andjournalists were meeting with them at their office/home.13. I billed CSI's counsel, Mr. Abelson, for my services.14. I never had any dealings or communications with any Religious Technology Center("RTC") staff members or David Miscavige, have never worked for or received funds from RTC,and have never met or communicated with David Miscavige, either directly or indirectly.


5 ~SUBSCRIBED AND SWORN TO BEFORE ME on this ( - day of October, 2013,to certify which witness my hand and seal ofoffice.

KELLY JO WILCOXMy Commlulon Expir11AUQllll 28. 2017

v/t(Printed ame ofNotary Public)My Commission Expires: O'{, a-8- '{)f>/1

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CAUSE NO. C-20131082BMONIQUE RATHBUN,Plaintiff,v.

DAVID MISCAVIGE, RELIGIOUSTECHNOLOGY CENTER,CHURCH OF SCIENTOLOGYINTERNATIONAL, STEVENGREGORY SLOAT, MONTY DRAKE,DAVE LUBOW and ED BRYAN,Defendants.

IN THE DISTRICT COURT 207TH JUDICIAL DISTRICT COMAL COUNT'f; TEXAS

AFFIDAVIT OF STEVEN GREGORY SLOAT

I

On this day, personally appeared Steven Gregory Sloat, who, after presenting properpersonal identification and being sworn, upon his oath, stated as follows:

1. My name is Steven Gregory Sloat. I am over 18 years of age, have never beenconvicted of a felony or crime involving moral turpitude, and am otherwise competent to makethis affidavit. The statements made herein and facts stated in this affidavit are true and correctand based upon my own personal knowledge.

2. I am a resident of Harris County, Texas.3. In 1976 and 1977, I was a police officer in Houston, Texas. I was recommended

for appointment to the President by Senator John Tower and became a Deputy U.S. Marshal In1977, which position I held for 11 years, until 1988. In 1989 I became a professional race cardriver through 1996, and still teach racing to younger drivers. I am now an author, havingwritten and published A Day to Die, and am in the process of a writing a further book.

4. In early 2013, I was retained by J.R. Skaggs, a licensed Texas PrivateInvestigator because of my investigative and law enforcement background. I was asked toassist Mr. Skaggs as an undercover contractor in an investigation in Comal County relating to aformer member of the Church of Scientology. But, I had no oral or written communications withAftidavil of Steven Gr&gofy Sloat Page 1


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5. I was informed by Mr. Skaggs that the client who retained Mr. Skaggs hadconcern regarding a man named Mark ("Marty'') Rathbun, who had recently moved to Bulflerde,Texas. Mr. Skaggs told me Rathbun was a former Scientologist who was trying to divert peopleaway from the Church of Scientology. Mr. Skaggs told me that Rathbun was engaged in somesort of practice similar to Scientology of his own creation at that location and was seeing clientsthere. I was to attempt to see who was going to the premises where he was undertaking this

Iactivity, get pictures if possible of persons associating with him, and to meet Rathbun and to getto know him and, if possible, so he would tell me more about what his activities were at thatlocation.

6. I rented a property next to Mr. Rathbun's business/residence in Bulverde, in awooded area. I was provided three low resolution cameras in the hopes that a camera coulddetermine when a car arrived at the parking area of Mr. Rathbun's property adjacent to myproperty. These were cameras typically used in deer runs, had a focal length of about 1-20yards and could not be adjusted. There was no zoom capability. Objects much beyond thefocal length gradually became obscure. The cameras are the type typically used to photographgame, operating on a motion detector and taking a picture when something moved in front ofthe camera, and had the capability of sending the pictures via cell phone to a web site wherethe pictures could be seen. The manual for the cameras indicated they were for game purposes.In addition to the motion detector setting, I set the cameras to take one picture an hour.

7. I placed one camera pointed towards the driveway area next to Rathbun'spremises, one towards the road facing away from his premises to record who was coming ontothe property, and one on a deer stand on the property, facing away from his property.

8. The cameras never pointed directly at Rathbun's office/house. The cameraseach took a picture when the motion detector perceived motion in front of it and was also set to

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take one picture per hour. The camera facing Rathbun's premises was 60-70 yards from thearea where a car might be parked. The distance was much too great for the device to detectmotion on his property, and therefore took no pictures caused by motion on his property. Thecamera pointed through trees and saplings towards the driveway and shed area. The clJ.merapointing towards his property was not useful for the intended purpose, as the resolution waspoor, and the camera had no zoom or focal adjustment capabilities. An example of the sceneviewed from the camera is attached as Exhibit 1. I tried a different location, seen in the pictureof Exhibit 2, but it was equally unworkable.

I9. There was an old deer stand on the property, where i placed one of the cameras

facing away from Rathbun's property. I left a note on that deer stand with my name and phonenumber to attempt to locate who had placed the stand there. Rathbun evidently came onto myproperty, as he called me at the number given. I told him I was working on a book I was writing,had leased the property and intended to bring a camper there in the future to do work in anundisturbed location. We chatted for about 1o minutes.

1O. In early July of 2013, I came onto the property to change the batteries, as I didoccasionally. Rathbun was standing at the edge of my property. I spoke to him briefly. Rathbunevidently came onto the property a few days later on July 27, 2013, as seen by the motiondetector photo at Exhibit 3. This was the last visible picture from this camera, as he placed tapeover the lens so that pictures could no longer be taken. The cameras were removed a few dayslater.

11. I never saw the plaintiff, Monique Rathbun. I never talked to her, never had any

communication with her and never photographed her. The subject of the investigation was notMonique Rathbun. Rather, the subject was Mark Rathbun and the object was Mark Rathbun'sassociations and business dealings.


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SUBSCRIBED AND SWORN TO BEFORE ME on thisto certify which witness my hand and seal of office.

11-IL day of October, 2013,'

Affidavit of Steven Gregory Sloal

NOTARY PUBLIC IN AND FORTHE ST ATE OF TEXAS(J/, ]I Pl


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CAUSE NO. C-2013-1082B

Filed13 September 4 PKathy FaulknerDistrict ClerkComal District

MONIQUE RATHBUN IN TH E DISTRICT COURTv. DAVID MISCAVIGE, RELIGIOUS TECHNOLOGY CENTER, CHURCH OF SCIENTOLOGY INTERNATIONAL, STEVEN GREGORY SLOAT, AND MONTY DRAKE

207rn JUDICIAL DISTRICT

COMAL COUNTY, TEXAS

PLAINTIFF'S FIRST AMENDED PETITION

TO THE HONORABLE JUDGE OF SAID COURT:The Plaintiff, Monique Rathbun, brings this action against the Defendants, David

Miscavige, Religious Technology Center ("RTC"), Church of Scientology International("CS!"), Steven Gregory Sloat, Monty Drake, Dave Lubow a/k/a David J. Labow, and EdBryan, and for causes of action shows the following:

DISCOVERY CONTROL PLANl. The Plaintiff intends to conduct discovery under Level 3 of Rule 190 of

the Texas Rules of Civil Procedure.PARTIES AND SERVICE OF PROCESS

2. Mrs. Rathbun is a resident of Comal County, Texas. David Miscavige hasappeared herein and is being served by serving his counsel of record, Lamont A.Jefferson, Haynes & Boone, LLP, 112 E. Pecan Street, Suite 1200, San Antonio, Texas78205-1540. Religious Technology Center has appeared herein and is being served byserving its counsel of record, Lamont A. Jefferson, Haynes & Boone, LLP, 112 E. Pecan


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Street, Suite 1200, San Antonio, Texas 78205-1540. Church of Scientology Internationalhas appeared herein and is being served by serving its counsel of record, Les J. StrieberIII, Davis, Cedillo & Mendoza, McCombs Plaza, Suite 500, 755 E. Mulbeny Ave., SanAntonio, Texas 78212. Steven Gregory Sloat is an individual residing in Houston(Bellaire), Texas. He may be served by serving him at 4907 Beech Street, Bellaire, Texas7740 I. Monty Drake is an individual residing in Granbury, Hood County, Texas. Hemay be served by serving him at 1620 Malibu Bay Ct., Granbury, Texas 76048.

3. Dave Lubow a/k/a David J. Labow, is a California resident doing businessin Texas. He may be served with process and this pleading by serving the Secretary ofState of Texas at 1019 Brazos Street, Austin, Texas 78701, as its agent for service. Acopy of same may be mailed to Dave Lubow a/k/a David J. Labow at 26501 TorreyPines, Newhall, Santa Clarita, CA 91321-2235.

4. Ed Bryan is a California resident doing business in Texas. He may beserved with process and this pleading by serving the Secretary of State of Texas at 1019Brazos Street, Austin, Texas 78701, as its agent for service. A copy of same may bemailed to Ed Bryan at 2808 N. Naomi Street, Burbank, CA 91504-2023.

SUBJECT MATTER JURISDICTION5. This action is a suit for injunctive relief and damages in an amount within

the jurisdictional limits of this Court. The Plaintiff seeks monetary relief over $1,000,000.PERSONAL JURISDICTION

6. Mr. Miscavige, RTC, CSJ, Mr. Labow, and Mr. Bryan are subject topersonal jurisdiction in Texas. Texas comis have general jurisdiction over Mr.Miscavige, RTC, CSJ, Mr. Labow and Mr. Bryan because they have a substantial

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connection with Texas due to their continuing and systematic contacts purposefullydirected toward Texas. Also, Texas courts have specific jurisdiction over theseDefendants because they have a substantial connection with Texas due to the fact that thiscause of action arises out of or relates to their contacts with Texas. Mr. Sloat and Mr.Drake are citizens and residents of Texas, where they do business

VENUE7. Comal County is a county of proper venue, because it is a county in which

a substantial part of the events or omissions giving rise to the claim occurred and are stilloccurring.

FACTS8. Monique Rathbun (fo1merly, Monique Carle) was 33 years old in 2005,

when she met and fell in love with her future husband, Mark Rathbun. Eventually, Mr.and Mrs. Rathbun made their home in Ingleside On The Bay, Texas, and they were wedon July 3, 20 l0. Although this case involves Scientology, Mrs. Rathbun is not, nor hasshe ever been, a member of the Church of Scientology. The Church of Scientology is anotorious, multi-billion dollar cult.

9. Mrs. Rathbun learned at the outset of her romance with Mr. Rathbun thathe was a fmmer member of the Church of Scientology. In fact, Mr. Rathbun had devoted27 years of his life to the service of Scientology. He was the second highest rankingofficial in Scientology's hierarchy. Mr. Rathbun worked directly with David Miscavige,Scientology's supreme leader. Mr. Miscavige, who refers to himself as the "Pope ofScientology," wields absolute control over all Scientology corporate operations,including the operation made the basis of this suit.

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10. By 2004, Mr. Rathbun realized that he could no longer abide Mr.Miscavige's illegal and immoral misconduct, especially Miscavige's physical and mentalabuse of devoted Scientology clergy. Mr. Rathbun escaped from Scientology's secretive,secure compound in the California desert, and made his way to South Texas, where helived in anonymity. Mr. Rathbun's disappearance from his life in Scientology was soeffective that he was rumored to be dead. In fact, it was rep01ted in Wikipedia that he haddied of cancer. Duling those quiet years, Mr. and Mrs. Rathbun met, married, and begantheir new life on the Texas coast.

11. Mr. Rathbun was living in relative seclusion in Texas. He had no contactwith his family and friends, who remained in Scientology and who were prohibited by theChurch of Scientology from having any communication or connection with him. There isa department within the Church of Scientology dedicated to full-scale attack againstanyone who questions or criticizes Mr. Miscavige's reign over the Scientologycorporations. That organization is called the Office of Special Affairs ("OSA"). OSAemploys a cadre of lawyers, investigators, public relations personnel, and shadyoperatives to destroy anyone identified as an attacker of Scientology. For several years,Mr. Rathbun kept quiet and avoided the attention of OSA.

12. In 2009, Mr. Rathbun exercised his rights under the Texas and UnitedStates Constitutions to speak out against Mr. Miscavige's criminal mistreatment ofScientology clergy. The Plaintiff, Monique Rathbun, did not join her husband in speakingout concerning Scientology issues, nor has she ever taken a public position regardingScientology. Her few public comments have related to the ongoing harassments againsther husband and her. Mrs. Rathbun was never a member of the Church of Scientology.

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In no way was she an "attacker" of Scientology. Her only involvement was her marriageto a prominent former Scientologist.

13. Nevertheless, Mrs. Rathbun has been intentionally targeted by OSAmerely because of her relationship with Mr. Rathbun. Under Scientology's writtenpolicies and procedures, it is "fair game" to threaten that which an enemy seeks toprotect. To Scientology, Mr. Rathbun is an enemy, and his beloved wife is "that which heseeks to protect." Accordingly, OSA and its co-defendants have engaged in three yearsof ruthlessly aggressive misconduct against Mrs. Rathbun. This abusive campaigncontinued, unabated, as of the filing of this suit.

14. The Defendants have worked around the clock for t!nee years to destroyMrs. Rathbun. She has been harassed, insulted, surveilled, photographed, videotaped,defamed, and humiliated to such a degree as to shock the conscience of any decent, law-abiding person. She has been subjected to numerous, aggressive attempts to intimidateher. Each and all of the Defendants have pa1ticipated enthusiastically in this abuse,without regard to Mrs. Rathbun's basic rights as a human being. She has been targeted athome, at work, and anywhere else that she happens to be.

15. As a direct result of the Defendants' relentless campaign, Mrs. Rathbunand her husband were driven from their cherished home in Ingleside On The Bay. Theymoved to a more secluded residence in Comal County in the hope of obtaining theordinary privacy and tranquility to which they are entitled. Unfortunately, their respitewas sh01t-lived. The Defendants have resumed their activities against Mrs. Rathbun inComal County. Mrs. Rathbun believes that she has no choice but to bring this suit to endthe Defendants' assault upon her privacy, her tranquility and peace of mind, her right to

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work, and her right to freely associate with friends and co-workers free from intrusion,surveillance, harassment, and embarrassment.

ADDITIONAL JURISDICTIONAL FACTS16. David Miscavige and RTC have complained that the Plaintiffs Original

Petition failed to plead specific facts to supp01t personal jurisdiction over them in Texas.Plaintiff disagrees, but in an abundance of caution, the following additional factualallegations are provided.

17. This case arises from a planned, calculated, multi year operation ofScientology's Office of Special Affairs ("OSA") in Texas. To the profound suffering ofMrs. Rathbun, she has been the innocent victim of OSA's primary function -- thedestruction of anyone deemed an enem

Documents

177349269 Monique Rathbun v Scientology CSI s Anti SLAPP Motion Part 3