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DECLARATION OF STACY BROOKS
1. I am over the age of eighteen years and not a party to the above-captioned case. If required, I can and will personally testify to these facts. 2. This declaration is written to correct certain statements made in declarations filed by Samuel D. Rosen and Michael Rinder in the case of Religious Technology Center v. Grady Ward. 3. In February and March 1999 Michael Rinder and Marty Rathbun had a series of conference calls in efforts to settle the Bridge Publications, Inc. (BPI) v. FACTNet litigation. Some of these telephone conference calls were between Rinder, Rathbun and Robert Minton, who was at that time a FACTNet director. Several of these telephone conference, calls were between Rinder, Rathbun, Minton and myself, also at that time a FACTNet director. There were also a number of conference calls at which Scientology attorney Samuel Rosen and FACTNet attorney Daniel Leipold were also present. But Rinder and Rathbun expressed a strong desire to speak to Minton and me without any attorneys present, and we agreed to do so. 4. During one of the telephone conferences between Rinder, Rathbun, Minton and me, in which we were discussing the letter agreement which Rinder and Rathbun wanted Minton to sign. Minton objected to the list of specific individuals and groups that Minton would have to refrain from helping in any way if he signed the draft letter that Rinder and Rathbun had faxed him. Among others, Grady Ward and FACTNet were included on the list. Minton said he wou1d not sign away his right to donate to a nonprofit like FACTNet. There was some discussion about this and I believe, Rinder and Rathbun then agreed with Minton on that point. Then Rathbun raised the issue of Grady Ward. Rathbun said that Grady Ward was a convicted copyright infringer and should therefore not be funded by Minton because he would use the money in his continuing legal actions against Scientology. Rathbun then pointed out that Ward was FACTNet's webmaster and that his employment by FACTNet would have to be terminated as part of any settlement with Minton and/or FACTNet. Rathbun said it would only be possible for Ward to work for FACTNet if Ward dropped his pending appeal in the Ninth Circuit Court of Appeals 5. Minton and I both objected to the idea that Scientology could dictate in any way who FACTNet could or could not hire. Minton was particularly adamant that he would not use his position as a FACTNet director to get Grady fired. and that if that was a stipulation of settlement of the FACTNet case there could be no settlement. 6. We then terminated
that phone call and that evening Minton and I discussed the letter agreement
that Rinder and Rathhun wanted Minton to sign. Rinder and Rathbun had
made it clear that they would not settle with Lawrence Wollersheim unless
they could also settle separately with Minton as an individual, because
they would not pay Wollersheim unless they could be assured that the money
Wollersheim paid to Minton would not be used to fund any anti-Scientology
activities. Minton then decided that it might be, acceptable to him to
agree not to fund any further anti Scientology litigation (with the exception
of the Lisa McPherson wrongful death suit which Minton is continuing to
fund in Florida), including any of the individuals Rinder and Rathhun
had listed in their draft letter. 8. In Samuel Rosen's affidavit dated June 7, 1999, in paragraph 6, Rosen characterizes Ward's employment with FACTNet as "an alternative way to give Ward money" for Minton. This is incorrect. Indeed, Minton resigned from the board of FACTNet in April 1999 and Ward has continued to be employed -- and paid -- by FACTNet, although Minton has not made any donations to FACTNet since his resignation. 9. In paragraph 8 of Rosen's affidavit he states that it was not Scientology that sought to interfere with Ward's income: however, as I stated earlier in this affidavit, it was indeed Scientology, through its representative. Marty Rathbun who sought to bar Ward from employment by FACTNet. It is correct that Minton considered ceasing all litigation support, including litigation support of Ward, but Minton specifically refused to be required to fire Ward from his contracted employment as the FACTNet webmaster. 10. To reiterate, the draft letter for the Minton agreement. which included Grady Ward's name on a list of people whom Minton would be required to cease funding, was drafted by Scientology and faxed to us prior to any consideration by Minton that he might cease funding litigation (except for the McPherson case). It was Scientology that proposed the specific list of names on the draft letter they faxed. Marty Rathbun brought up the issue of Grady Ward, suggesting that he, would have to stop working for FACTNet under those terms. Minton objected and refused to accept Marty's suggestion that Ward's employment by FACTNet would be included in such an agreement. 11. Michael Rinder, in an affidavit dated June, 6. 1999 states in paragraph 8 that Minton considered the idea of firing Ward from FACTNet for 24 hours before expressing his disagreement. This was not the case. On the contrary, as I stated earlier in this affidavit,. during a telephone conference attended by Rinder, Rathbun, Minton and myself. Rathbun raised the issue of Ward's employment as FACTNet's webmaster as something that would have to be terminated as part of Minton agreeing to cease funding further litigation. Minton immediately objected to this stipulation, in answer to Rathbun's statement. Minton immediately responded that he would nor agree to use his influence as a FACTNet board member to get Ward fired from his webmaster position. There was no lapse of time at all between Rathbun's suggestion and Minton's rejection of it. The next day Minton discussed the possibility that he might cease funding further anti Scientology litigation but never agreed to get Ward fired and, indeed. never agreed to cease funding any activities except litigation (and insisted that he would continue to fund the McPherson case). I declare under penalty of perjury under the laws of the United States of Amerjca that the foregoing is true and correct. Executed this __12__day of June 1999, at Vashon Island, Washington.
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