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Harold J. McElhinny
(Bar No. 66781) Jana G. Gold (Bar
No. 154246) Attorneys for Defendant
NORTHERN
DISTRICT OF CALIFORNIA SAN JOSE DIVISION
I, Jesse Prince, declare as follows: 1. This
declaration is of my own personal knowledge and if called upon to testify
to the facts herein I could and would be competently able to testify thereto. 2. I
was in Scientology for 16 years (1976 - 92) and served in the highest
ranks, including as the second in command of the Religious Technology
Center (“RTC”). Because of this experience, I am intimately
familiar with the Scientology organizations, the Scientology movement,
and the beliefs of Scientology. At that time, my position was “Deputy
Inspector General, External,” I was in charge of all activities inside
and outside the Scientology organization. This included being in charge
of all litigation by or against any Scientology organization, intelligence
(e.g. spying and covert operations) against perceived “enemies”
(ranging from critics to media to the courts), trademark registration,
and the licensing of trademarks to other Scientology organizations. 3. I
first became involved with Scientology in September 1976, in San Francisco.
In late 1976, I joined the elite Scientology paramilitary organization
known as the Sea Organization, also known as the “Sea Org” or
“SO.” The Sea Organization is the organization that actually
controls the Scientology empire. SO personnel are authorized to take over
and control any Scientology organization. This is also true of the nominally
secular organizations, such as Bridge Publications. The control by SO
is possible because all the executives in these organizations are selected
for their agreement that the SO is the commanding organization. This weeding
out process guarantees there will be nobody to resist the SO’s management.
In this manner SO can control the entire Scientology empire. 4. Before
I was recruited into RTC in 1982, most of my Scientology experience was
with technical material; the codified methods and techniques used within
the Scientology organizations. During these years, I became intimately
familiar with the technical material of Scientology, most of which was
written by Scientology founder L. Ron Hubbard. It was that familiarity
that prompted my promotion to a technical position at RTC. 5. When
I moved to RTC, I was transferred to and lived and worked at what is known
as “Golden Era Studios,” near Hemet, California. It is also
known as “Gold” or simply “the base.” RTC’s presence
at Gold was known to all at the base, but was kept hidden from others,
to try to make it appear that Gold was merely a video production studio.
In reality, the studio is a front for the top of Scientology’s actual
power structure. (The security system at Gold is elaborate; it includes
motion detectors, buried sensors, high-speed cameras, night cameras; motorcycles
guards, and barbed wire fences). RTC was, at that time, the most powerful
organization within Scientology. All RTC members were also Sea Org members,
as were all at the base. 6, L.
Ron Hubbard died in 1986. His widow was Mary Sue Hubbard, who was by then
an elderly and fragile woman. David Miscavige, then, as now, the leader
of Scientology, had Mary Sue Hubbard watched at her home and received
daily reports as to her condition and activities. Mary Sue Hubbard was
under constant surveillance by the Church of Scientology and Miscavige. 7. A number of weeks after L. Ron Hubbard’s death, I was present at a meeting where David Miscavige and a group of 12-17 other Scientologists coerced Mary Sue Hubbard into relinquishing her legal rights to the Scientology writings of the recently-deceased L. Ron Hubbard. I participated in that meeting in my capacity as a high-level member of RTC and Sea Org. The day before this meeting, David Miscavige told me and a group of other senior Scientology executives that he wanted a group, including me, to go over to Mary Sue Hubbard’s home in Los Angeles in order to get Mary Sue Hubbard to sign an agreement relinquishing her claims to L. Ron Hubbard’s estate. Miscavige said he wanted a group to go the house because he wanted, in his words, a “show of force” and that the group would stay at Mary Sue Hubbard’s house until the agreement was signed. The next day the meeting did take place at Mary Sue Hubbard’s home. The group that went to her house, including myself, went over with the intent to overwhelm Mary Sue Hubbard and get her to sign an agreement. That was something we had openly discussed and was the purpose and intention of our going over there. The meeting lasted about 3 hours, from about 12:30 to 3:30 in the afternoon. I was personally present at this meeting, along with a number of Scientology officers and officials, including David Miscavige, Norman Starkey, Lymon Spurlock, Marty Rathbun, Vicki Aznaran, Mark Yeager, Ray Mithoff, and Mark Ingber. I believe that Warren McShane was also present, as well as a Scientology lawyer, Earl Cooley. At the end of the meeting Mary Sue Hubbard was forced to sign an agreement in which she transferred her rights to L. Ron Hubbard’s works to various Scientology entities. Those works included copyrights, trademarks, bank accounts, and other property - anything of value related to the Scientology fortune. In “exchange” Mary Sue was compensated with a monetary amount. I believe it was $100,000. Diana, Suzette, and Arthur Hubbard, the children of L. Ron also received a monetary amount. I believe those amounts to be $50,000 each. All of those amounts, individually and in total, were trivial in relation to the value of the L. Ron Hubbard fortune, which I understand was then valued at between $200 and $400 million, possibly more. David Miscavige also personally informed me that he obtained similar agreements from L. Ron Hubbard’s other children, outside the Hubbard family. 8. Based
on my personal observations at this meeting, Mary Sue Hubbard did not
make the transaction voluntarily. At the time of the meeting, Mary Sue
Hubbard appeared elderly, in her late 60s or early 7Os, and seemed obviously
sickly and was overdressed in that she was wrapped in clothes. She remained
seated throughout the whole meeting. Based on my observations, including
her appearance, mannerism and some of the things she said, she did not
seem altogether coherent. At times she seemed to rant or speak non-sequitors.
At the beginning of the meeting, Mary Sue Hubbard was introduced to everyone
in the group and told their positions in Scientology, and things were
cordial. When David Miscavige asked Mary Sue Hubbard to sign an agreement
things changed. Mary Sue Hubbard stated that she would not sign the agreement
proposed by Miscavige because she did not agree with it. She told everyone
that she did not trust Miscavige and felt he was destructive to Scientology.
She made reference to Miscavige as a “deceptive, power-hungry person”
bent on taking over everything and said she was not going to go along
with it. However, Mary Sue Hubbard was confronted by Miscavige and 12-17
others, including myself. Most of the others, including myself, were large
men who wore the paramilitary uniforms of the Sea Org. David Miscavige
screamed at her to sign the document and screamed that she would sign
the document Miscavige also told her that: “Everything that L. Ron
Hubbard did, he did for the church. We are the church, not you. Therefore
everything is staying right here with us.” Miscavige also told her
that the persons who were there would stay until she did sign the agreement.
The combination of Miscavige screaming at her, sometimes very close to
her face, and the rest of us browbeating her, was an intimidating and
coercive environment, particularly for a frail and elderly woman. There
was an implicit threat that she and her family would be subject to various
Scientology sanctions such as “auditing,” “ethics,”
or “sec checking” involving long interrogations if she did not
comply with the demands to sign the documents. Mary Sue Hubbard was told
that the group would stay there no matter how long it took, and it could
either be done the easy way or the hard way. During the entire proceeding,
Mary Sue Hubbard was never left alone; she was always in the presence
of Scientology members bent on getting her to sign the legal documents
that would strip her of her legal interest in L. Ron Hubbard’s Scientology
works. 9. A
Scientology lawyer, I believe it was Earl Cooley, was at this meeting,
but he did not advise Mary Sue Hubbard of her legal rights. At no time
during the process was Mary Sue Hubbard advised of her legal rights, either
community property rights or her inheritance rights. Mary Sue Hubbard
had no personal counsel present at this meeting. The only directions given
by the Scientology lawyer was that the agreement would make things better
for Scientology and Mary Sue Hubbard was told where to sign the documents. 10.
I was informed by David Miscavige that although Mary Sue Hubbard and L.
Ron Hubbard had been separated and had not talked for a long time, she
was saddened by the death of her husband. Miscavige told me he would use
this to his advantage. Also, before the meeting took place, Ray Mithoff
told me, in the presence of David Miscavige, that he couldn’t wait
to tell Mary Sue Hubbard that L. Ron had not asked about her before his
death. Mithoff seemed anxious for Mary Sue Hubbard to ask him about this
and appeared gleeful at the opportunity to tell her this. Near the end
of the meeting, Mary Sue Hubbard did in fact ask if L. Ron Hubbard had
said anything about her or had asked about her before he died. Ray Mithoff
then told her that Hubbard had not even mentioned her name. At that point,
after the hours of browbeating, the screaming by Miscavige, which was
sometimes done very close to her face, the implicit threats, the emotional
turmoil, and the general coerciveness of the situation, Mary Sue Hubbard
became silent, bowed her head and proceeded to sign anything Miscavige
and his minions put before her. I saw her sign multiple documents and
she did not seem to pay any attention to them she just signed them. She
then said words to the effect that you got what you want, now you leave. 11.
I do not believe that either Mary Sue Hubbard or her family knew tbat
the L. Ron Hubbard estate was worth between $200 and $400 million. I base
this on the fact that neither Mary Sue or any of L. Ron Hubbard’s
children were on the Board of Directors of any of the umbrella corporations
of Scientology, such as Author Services, Inc., RTC, CST or CSRT. Because
of my position within the organization, I know that it was the policy
of the corporations to keep the financial information secret. Under the
coercive conditions she was put under and the information she was given,
Mary Sue Hubbard did not knowingly or voluntarily relinquish her claims
to the L. Ron Hubbard estate. I do not believe that Mary Sue Hubbard would
have signed the agreement had she been advised or her legal rights and
provided additional information, particularly information regarding the
value of the L. Ron Hubbard Scientology fortune. It is also my belief,
based on what I saw happen at this meeting, the Mary Sue Hubbard felt
very threatened by David Miscavige and the rest of us. Mary Sue Hubbard
was allowed to read the documents, but because of her actions and words
that day, I do not believe she understood what she was reading. I regret
that I had any part in this and am saddened because I realize now that
this was destructive and wrong. 12. I left Scientology on October 31, 1992. From the time Mary Sue Hubbard got out of jail, which I believe was 1981, until the time that I left my post at RTC, Mary Sue Hubbard was cared for around the clock by two Scientologists, Neville and Leslie Potter. The Potter’s provided a detailed report to Norman Starkey, a Trustee of RTC, and David Miscavige, also a Trustee, every day on Mrs. Hubbard’s activities, even including trips to go shopping. Because Starkey and Miscavige were trustees for RTC, RTC was always acutely aware of Mrs. Hubbard’s whereabouts, and always would have been able to produce her if needed for a deposition. I declare, under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Signed this 17th day of March, 1999 at Boulder, Colorado.
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