IV. The Conspiracy to Obstruct Justice, to Obstruct an Investigation, to Harbor a Fugitive and to Make False Declarations Before the Grand Jury

A. The preparation of the Cover-Up Story

On June 12, 1976 Mr. Meisner was met at the Quality Inn Motel, in Arlington, Virginia by Mr. Bruce Ullman who gave him money for a round trip flight to Los Angeles. Mr. Ullman drove Mr. Meisner to National Airport where Mr. Meisner took a United Airlines flight to Los Angeles. On the plane, Mr. Meisner completed his detailed report of the Courthouse incident as he had been directed to, the night before, by the defendant Weigand through the defendant Hermann/Cooper.

Mr. Meisner arrived in Los Angeles at approximately noon, and went directly to the defendant Weigand's office on the seventh floor of the Fifield Manor. Defendant Weigand reviewed Mr. Meisner's handwritten report and then asked him to type it. Mr. Meisner typed it at defendant Weigand's desk. (Government Exhibit No. 114.) [Government Exhibit No. 114 was seized and initialed by Special. Agent Henry L. Williams from the office of the defendant Raymond at the Cedars Complex. The document was inventoried and also initialed by Special Agent Raymond Mislock.]

When he had finished, Mr. Meisner showed the typed report to defendants Weigand and Willardson, both of whom read it. Defendant Weigand remarked that he would take it to the defendant Heldt's office on the sixth floor. He did this and returned approximately fifteen minutes later. The defendants Weigand and Willardson then, together with Mr. Meisner, analyzed the crisis to determine what leads the FBI had and how they could contain or stop the investigation.

The three men decided to devise a cover story for use by the defendant Wolfe if he were arrested. The plan contemplated further that defendant Wolfe would, if captured, enter a guilty plea, after which Mr. Meisner would surrender to the FBI and give the same story to them as Wolfe had. An alternative plan had both the defendant Wolfe and Mr. Meisner surrendering immediately and giving the same cover story. All parties recognized that the highest priority lay in stopping the FBI investigation before it could connect the defendant Wolfe and Mr. Meisner to the Church of Scientology and thereby expose other officials of the Guardian's office who had been involved in the burglaries, thefts, and buggings, described in the first conspiracy, _supra_. After a full afternoon of discussions, the defendants Weigand and Willardson drove Mr. Meisner to a Holiday Inn located near Hollywood Boulevard in Los Angeles, California, where Mr. Meisner registered under a false name. That evening he had dinner together at the motel prior to leaving Mr. Meisner for the evening

On June 11, 1976 the defendant Richard Weigand had written a lengthy report to Deputy Guardian for Information World-Wide Mo Budlong, outlining the events which had taken place In the United States Courthouse in the District of Columbia. The defendant Weigand also explained the manner in which the defendant Wolfe and Mr. Meisner could be traced to the Church of Scientology, as well as the story to be given to law enforcement investigators. See Government Exhibit No. 116. A copy of that report was sent to the "CS-G", defendant Mary Sue Hubbard. That report was written in code. It was seized by Federal Bureau of Investigation Special Agent Harold R. Brunson from the area immediately outside the office of the defendant Raymond at the Cedars Complex. It was inventoried and initiated by Special Agent Michael Ray Napier. Government Exhibit No. 185 (Code ISIS) was seized by Special Agent Eusebio Bonavidez from a file cabinet in the defendant Willardson's office at the Cedars Complex. Code ISIS had an attached cover letter from Mr. Mo Budlong to the then Deputy Guardian for Information, the defendant Duke Snider, in which Mr. Budlong directed that Code ISIS was to be used only for dispatches between the United States Guardian's Office and the World-Wide Guardian's Office. Mr. Meisner identifies the handwriting at the top of that page as that or the defendant Snider, and the signature and handwriting the bottom of the page as that of Mr. Budlong. Special Agent Arthur R. Eberhardt, a cryptanalysis expert with the Federal Bureau of Investigation in Washington, D.C., has examined Government Exhibit No. 116 and Code ISIS (Government Exhibit No. 188). He concludes that the coded text within Government Exhibit No. 116 used two different methods of a substitution code - "digital" and "word or phrase". The "digital" code substitutes digits 10 through 99 for the various letters of the alphabet. The "word and phrase" code substitutes a word or phrase for a plaintext word or phrase. He also finds that Code ISIS (Government Exhibit No. 188) is the code which was used to encode Government Exhibit No. 116. Thus, using Code ISIS he decoded that Government Exhibit No. 116 by placing the decoded letters and words above the coded ones. See Government Exhibit No. 212. On June 21, 1976 the defendant Weigand sent the same report to CS-G Assistant for Information Jimmy Mulligan. See Government Exhibit No. 115 which was seized by Special Agent James R. Kramarsic from a file cabinet located in a closet in the defendant Heldt's inner office at the Fifield Manor. Handwriting expert James Miller concludes that it is "probable" that the defendant Heldt wrote his initials next to his title in the routing portion of the cover letter, and that it is "probable" that the defendant Weigand wrote the signature "Dick" on that letter. Mr. Meisner recognizes both the initial and the signature as those of the defendants Heldt and Weigand, respectively.

On Sunday, June 13, 1976, the defendant Willardson met Mr. Meisner at his motel room and drove him to the defendant Weigand's office, where all three met to finalize the outline of the plan, which they had discussed the day before, in order to present it to the defendants Heldt and Snider. Soon there- after, the defendant Weigand and Mr. Meisner met with the defendants Heldt and Snider in the defendant Heldt's sixth floor offices at the Fifield Manor. The defendants Heldt and Snider each indicated that they had already read Mr. Meisner's report (Government Exhibit No. 114) and were fully conversant with the matters discussed in it. All present concluded that the FBI could readily trace already existing leads back to the Church of Scientology.

With this in mind, the defendants Heldt and Snider suggested an alternative plan which they had formulated on their own earlier that day. That plan called for the defendant Wolfe and Mr. Meisner to be withdrawn from the District of Columbia and sent out of the United States. The defendant Heldt stated that as long as there were no bodies, the FBI would have nothing to investigate. The defendant Weigand, however, countered that if no bodies were found then the FBI would look even more deeply and find the connection between the defendant Wolfe and Mr. Meisner and the Church of Scientology organization. The defendant Weigand explained that Mr. Meisner had given the FBI an address close to his real residence where, by canvas, the FBI might find someone who could identify him by the photograph on his counterfeit IRS credentials. It was also pointed out that the FBI not only had Mr. Meisner's and the defendant Wolfe's handwriting on the Courthouse and library logs, but also Mr. Meisner's fingerprints on his false IRS identification card.

Thus, the defendant Weigand suggested that if the defendant Wolfe allowed himself to be arrested and gave the proper cover story, then the investigation could be contained. Then, following the defendant Wolfe's plea of guilty, Mr. Meisner would surrender, give the same cover story as the defendant Wolfe, and enter a guilty plea. This, he posited, would terminate the investigation with little or no connection to Scientology. The defendant Heldt directed the defendant Weigand and Mr. Meisner to discuss both plans, and detail one of them and present it to him for his final approval. The defendant Weigand and Mr. Meisner returned to the defendant Weigand's office where the defendant Willardson joined them to implement the defendant Heldt's orders. During that meeting, the defendant Hermann/Cooper informed them that the defendant Wolfe had left the District of Columbia and was to arrive in Los Angeles later that evening.

The defendant Hermann then joined the meeting for a short period of time. The three men drafted defendant Weigand's ideas in proposal format. The defendant Weigand himself actually wrote out the proposal for the defendant Heldt's approval, typed it, and took it to the defendant Heldt. Some fifteen minutes later, the defendant Weigand returned to his office and stated to the defendant Willardson and Mr. Meisner that the defendant Heldt had approved that plan. They decided to meet again the next morning to prepare the cover story with the defendant Wolfe. The defendant Weigand directed Mr. Meisner to change his appearance with the assistance of Weigand's secretary, Janet Finn. The defendant Willardson and Mr. Meisner then had dinner, after which Mr. Meisner was returned to the Holiday Inn motel. On Monday, June 14, the defendant Weigand's communicator (secretary), Janet Finn, met Mr. Meisner at approximately 9:00 a.m. at his motel room. She cut his hair, then dyed it red. Mr. Meisner then shaved his mustache. Establishment Officer (Esto Off) Peeter Alvet met Mr. Meisner and gave him approximately $200 to obtain contact lenses.

Mr. Meisner then went to an optometrist on Hollywood Boulevard where he purchased soft contact lenses. [Dr. Gerald Nankin, an optometrist with offices on Hollywood Boulevard in Los Angeles, California, sold a pair of contact lenses to Mr. Meisner on June 14, 1976.] At approximately 1:00 p.m. the defendants Weigand, Willardson and Wolfe arrived at the Holiday Inn to create the cover story to be given by Wolfe to the FBI. The defendant Weigand informed Mr. Meisner that the defendant Hermann/Cooper was on a plane on his way to the District of Columbia where he was to assume temporarily the position of Assistant Guardian for Information until Richard Kimmel could be brought back from England where he had been undergoing training at World- Wide for that position. [Mr. Kimmel had been selected to replace Mr. Meisner, who during his meetings in Los Angeles in February 1976, had been slated to become National Secretary for the United States.

During the next hour the following cover story was prepared: The defendant Wolfe and Mr. Meisner were to have met in February 1976 in a District of Columbia bar, which was to be selected later, and struck up a friendship. Mr. Meisner was to have introduced himself as "John Foster". Mr. Mr. Meisner was to have told the defendant Wolfe that he was a law student attending Georgetown University School of Law. The defendant Wolfe was to have informed Mr. Meisner that he worked at the IRS. The two individuals were to have met on a number of occasions. Then in mid-March 1976, after having drunk heavily at a few different bars, Mr. Meisner was to have mentioned that he had never been to the IRS, and Wolfe was to have offered to take him on a tour of that building. The defendant Wolfe was to have taken Mr. Meisner to the IRS, signed him in, and taken him on a tour of the first floor. Inadvertently, according to the story, they stumbled upon the identification room which had an open door. They went in and as a lark decided to make identification cards for themselves. The defendant Wolfe was to have made Mr. Meisner an identification card and typed in the name "John Foster" upon it. Mr. Meisner was then to have made an identification card for the defendant Wolfe who had decided to use the name "Thomas Blake".

On a subsequent occasion, the defendant Wolfe and Mr. Meisner were to have met at a bar and after a few drinks the defendant Wolfe asked Mr. Meisner to teach him how to do legal research so that he might be able to obtain a better job. Mr. Meisner agreed to do so if Wolfe would, as a return favor, look up some information for him at the IRS for a paper which Mr. Meisner was writing on section 501 (c)(6) of the IRS Code (the section dealing with exempt organizations).

They decided that the District of Columbia Bar Association Library in the United States Courthouse in the District of Columbia was the most convenient for them. Thus, on May 21, 28 and June 11, they went to the Courthouse to use the D.C. Bar Association Library where Mr. Meisner taught the defendant Wolfe legal research. While there, they were directed by the cleaning personnel to the photocopying machines within the United States Attorney's Office. Specifically, they used those machines to photocopy cases in law books and their own notes from those books. However, they had no idea that they were within the United States Attorney's Office. After the confrontation with the FBI agents, the defendant Wolfe and Mr. Meisner were so upset that they forgot to set up a further meeting. Since the defendant Wolfe did not know where Mr. Meisner lived, he could not contact Mr. Meisner again, and therefore, could not give the FBI his location.

After the defendants Weigand, Willardson, Wolfe and Mr. Meisner had outlined the cover story, the defendant Weigand instructed them to write out "mission orders" for the defendant Hermann in the District of Columbia, write out the cover story, and drill the defendant Wolfe on it. The defendant Weigand then left the Holiday Inn Motel. The defendant Wolfe called his office at the IRS in Washington, D.C., to determine through a friend whether anyone, such as the FBI, had made any inquiries regarding him. In the process, he requested his friend to notify his supervisor that he would not be at work the next day. [Mr. Keith Shelton, Chief of the National Office Branch of the IRS and custodian of the time and attendance records, states that the defendant Wolfe used eight hours of sick leave on June 14, 1976, and six hours of sick leave and two hours of annual leave on June 15, 1976.]

After that phone call, the three individuals prepared written "mission orders" for the defendant Hermann/Cooper. Those orders required Hermann/Cooper to: (1) keep in constant contact with the defendant Wolfe; (2) locate an attorney for the defendant Wolfe so that he could test the plausibility of the concocted story on someone other than the FBI; and (3) supervise the defendant Wolfe pending his arrest. They then wrote out the cover story, gave a copy to the defendant Wolfe and drilled him on that story.

At approximately 7:00 p.m. Mr. Meisner checked out of his motel room, and, together with the defendant Willardson, drove the defendant Wolfe to the airport where Wolfe took a night flight to Baltimore-Washington International Airport. Mr. Meisner stayed that night at the defendant Willardson's home on Roxbury Drive in Beverly Hills. On June 15, 1976, in Washington, D.C., the defendants Hermann/Cooper and Wolfe met, discussed the cover plan, story and the attorney who was to be selected for Wolfe. The defendant Wolfe then met with his attorney and presented him with the cover story which had been prepared the previous day.

In Los Angeles, Mr. Meisner, who began to use the alias "Jeff Murphy", moved to the defendant Weigand's house on Westmoreland Street, near Wilshire Boulevard, where he stayed for the remainder of the summer. The defendant Weigand directed Mr. Meisner to prepare a complete report on his activities as Assistant Guardian for Information in the District of Columbia and on all pending activities there as required by Guardian's Office procedures when an official leaves a post. For the next few days, Mr. Meisner, working in the defendant Weigand's office, prepared the report as directed. On June 18, 1976, that completed report was typed by Mr. Meisner and presented to the defendant Weigand. (Government Exhibit No. 108.) [Government Exhibit No. 108 was seized by Special Agent Gary Aldrich from the office of the defendant Willardson at the Cedars Complex. Handwriting expert James Miller positively identifies the notation "G. I'll read it later. L.D." located on the front page of that report as the handwriting of the defendant Weigand. Mr. Meisner also identifies the initials "GW" in the upper portion of the front page as having been made by the defendant Willardson.]

In his report, Mr. Meisner explained how he had burglarized government offices, including the manner in which he had forcibly opened doors, and supervised covert operatives. He identified the current covert operatives who were still operating and itemized what remained for them to accomplish. He also described his duties as Assistant Guardian for Information. Within a few days thereafter, the defendant Willardson issued "mission orders" to Mr. Meisner which had been approved by the defendants Weigand and Heldt. These orders directed Mr. Meisner to go to Dallas, Texas, to attend the American Medical Association Convention, and then to New York to resolve a local Guardian's Office matter. Upon his return to Los Angeles, on July 7, Mr. Meisner was appointed National Secretary for the United States by Guardian World-Wide Jane Kember.

B. The Defendant Gerald Bennett Wolfe is Arrested in Washington D.C. by the Federal Bureau of Investigation

On June 30, the defendant Wolfe was arrested in the main IRS building by FBI Special Agent Christine Hansen. He was charged with the use and possession of a forged official pass of tho United States, in violation of 18 U.S. Code, Section 499, and arraigned before United States Magistrate Henry H. Kennedy, Jr. (U.S. Mag. No. 76-930 M (Cr)).

On that same day, Assistant Guardian for Information in the District of Columbia Richard "Rick" Kimmel notified the defendant Hermann/Cooper of the defendant Wolfe's arrest. The defendant Hermann/Cooper then informed the defendant Weigand that at 2:30 p.m. Wolfe had been arrested by the FBI, that he had been arraigned, and released on his own recognizance pending a preliminary hearing. As a condition of his release, the defendant Wolfe was to submit handwriting exemplars to the FBI. (Government Exhibit No. 117.) [ Government Exhibit No. 117 was seized by Special Agent Brunson from the area immediately outside the main office of the defendant Raymond at the Cedars Complex. It was inventoried and initialed by Special Agent Napier.]

The defendant Hermann/Cooper told the defendant Weigand that all covert activities in the District of Columbia had been ordered "shut down", that "sensitive material" had been moved to another office, and that "Kelly" (another covert name for the defendant Wolfe) "has been briefed to carry out his part". He also told the defendant Weigand that all data on "Jeff" (Mr. Meisner's alias at the time) had been taken out of the organization. [Located above some of the more incriminating words on Government Exhibit No. 117 are the coded words which were to be substituted later. These words are identical to those in code ISIS (Government Exhibit No. 188). Mr Meisner recognizes the initials next to the title "DG Info US" as having been written by the defendant Weigand, and the signature on that document as that of the defendant Hermann/Cooper.]

On July 1, the defendant Weigand wrote a letter to Deputy Guardian for Information World-Wide Mo Budlong informing him of the arrest of the defendant Wolfe and the information brought to his attention the previous day by the defendant Hermann/Cooper. (Government Exhibit No. 118.)

Government Exhibit No. 118 is also in code. Special Agent Eberhardt of the Cryptanalysis Section of the FBI Laboratory, decoded that document using code ISIS (Govern ment Exhibit No. 188). See Government Exhibit No. 216 for the decoded version of the instant document. That document was seized by Special Agent Brunson from the area outside the defendant Raymond's office at the Cedars Complex. Handwriting expert James Miller concludes that it is "probable" that the defendant Weigand signed this letter. Moreover, Mr. Meisner identifies that signature as having been written by the defendant Weigand. The initials "DW:jf" are those of the defendant Weigand and his secretary Janet Finn.

In a letter dated July 1, 1976, and entitled "Re: Mike and the FSM", the defendant Mary Sue Hubbard stated to the defendant Weigand that "[from an investigative point of view it was really too easy for the opposition. All they had to do was to trace the common enrty [sic] points of the log back for both Mike and the FSM [Wolfe] until they arrived at the point where the FSM used his correct ID card." She urged the defendant Weigand to keep her informed of what has happened to the FSM, the defendant Wolfe. (Government Exhibit No. 119 at p. 2.) Handwriting expert James Miller is "positive" that the signature on that document was written by the defendant Mary Sue Hubbard. [Government Exhibit No. 119. was seized by Special Agent Brunson from the area outside the defendant Raymond's office at the Cedars Complex.]

The defendant Weigand responded to the defendant Hubbard's inquiry in two separate letters, both dated July 2, 1976. He informed her that the defendant Wolfe (Silver) was about to submit his resignation to the IRS to avoid being suspended. He also wrote that the prosecutor in the case had been told that Wolfe had obtained his identification card as part of "[a] lark gone sour". He added that an additional $800 would be needed to "cover the balance of the retainer" of Wolfe's attorney. (Government Exhibit No. 119 at  P. 3-4.) He also stated that the defendant Wolfe was "instructed . . . [to] go nowhere near the org [Church of Scientology] and . . . have no personal contact with the case officer [Kimmel] either."

He concluded that it was still possible that the defendant Wolfe would be "given minimal punishment" and that the matter would terminate without any connection to the Church of Scientology. (Government Exhibit No. 119 at p. 1.)

Handwriting expert James Miller concludes that it is "probable" that the defendant Weigand wrote the signature "Dick" on pages one and four of the document, and that the initial next to the title "DG US" on the first letter was written by the defendant Heldt. Mr. Meisner recognizes both signatures as having been written by the defendant Weigand, and the initial in question as having been written by the defendant Heldt.

In the other letter of 2 July 1976 regarding "Silver", the defendant Weigand updated for Mr. Budlong the information regarding the defendant Wolfe's arrest. (Government Exhibit No. 120.) That coded letter was decoded by a cryptanalyst, Special Agent Arthur Eberhardt. (Government Exhibit No. 213.) In the letter, the defendant Weigand reiterated the information which he had given on that same date to the defendant Hubbard.

[See Government Exhibit No. 119 at pp. 1, 3-4. A copy of Government Exhibit No. 120 was sent to CSG Assistant for Information Jimmy Mulligan who, on July 6, 1976, requested the defendant Weigand to provide him with translations of the Code. The defendant Weigand responded in a letter dated July 13, 1976. See Government Exhibit No. 122. Government Exhibits Nos. 119, 120, and 122 were seized by Special Agent Brunson from the area outside the defendant Raymond's office at the Cedars Complex. Mr. Meisner identifies the signature "Jimmy" On the 6 July letter as having been written by Mr. Mulligan.]

On July 2, 1976, the defendant Hermann/Cooper inquired of the defendant Weigand whether the defendant Hubbard in her letter of July 1, 1976 "is looking toward Silver [Wolfe] denying the use of the false ID card and then it not being able to be proven that he had actually used one." (Government Exhibit No. 121.) [Government Exhibit No. 121 was seized by Special Agent Brunson from the office of the defendant Raymond at the Cedars Complex. Mr. Meisner identifies the signature on the July 2 letter as having been written by the defendant Hermann/ Cooper.]

The defendant Hermann/Cooper recommended that "we go ahead with the worked out cover story".

C. The United States Case Against the Defendant Gerald Bennett Wolfe is Referred to the Grand Jury, and an Arrest Warrant is Issued for Michael Meisner.

On July 28, 1976, the defendant Wolfe appeared with his attorney, Lawrence Speiser, Esquire, before United States Magistrate Henry H. Kennedy, Jr. for a preliminary hearing. Following that hearing, United States Magistrate Kennedy found that probable cause existed, and ordered the case "bound over for the action of the Grand Jury". A few days later, on August 5, 1976, Magistrate Kennedy issued a sealed warrant for the arrest of Michael Meisner for the use of a forged official pass of the United States, in violation of 18 U.S. Code, Section 499. (U.S. Mag. No. 1101-76M(Cr)). In mid- August, CSG Assistant for Information Jimmy Mulligan informed Mr. Meisner that the defendant Thomas had overheard a conversation in Mr. Paul Figley's office at the Department of Justice in which it was stated that a sealed arrest warrant had been issued in the District of Columbia.

On August 30l FBI Special Agents Joseph Jackson and John Pavlansky went to the offices of the Church of Scientology at 2125 S Street, N.W., in Washington, D.C., to attempt to locate Mr. Meisner. They were met there by Assistant Guardian for Legal Bureau Kendrick "Rick" Moxon.

They explained to Mr. Moxon that they were acting on behalf of the Office of the United States Attorney for the District of Columbia and were attempting to locate Mr. Meisner because an arrest warrant had been issued for him on August 5, 1976, charging him with forgery of United States Government identification cards. They told Mr. Moxon that they wanted to inform him and all others concerned of Mr. Meisner's status so that they could notify him and help him "avoid putting himself in a fugitive status". They warned Mr. Moxon that anyone who aided Mr. Meisner in remaining a fugitive "would be guilty of a criminal act under the harboring of criminals statute."

Mr. Moxon informed the agents that he did not know where Mr. Meisner was. Mr. Moxon immediately notified his superior, Mary Rezzonico, the Deputy Guardian for the Legal Bureau in the United States, and appended to that letter the harboring of fugitives statute, emphasizing that it provided for a penalty of 15 year sentence and $2,000 maximum fine" (Government Exhibit No. 123.) [Government Exhibit No. 123 was seized by Special Agent Brunson from a file cabinet in Room 10 at the Cedars Complex. Mr. Meisner identifies the signature on that exhibit as that of Mr. Moxon with whom he had worked closely for two years. He also recognizes the initials of the defendant Weigand in the routing portion of the letter.]

D. The Guardian's Office Harbors and Conceals Fugitive From Justice Michael Meisner

On August 30, 1976, the same day that he received notification that an arrest warrant had been issued for Mr. Meisner, the defendant Weigand notified the defendant Mary Sue Hubbard that he has "Just received word that Mike [Meisnerl had a warrant out for his arrest." He added that "[the plan at this time is to hide Mike out. It appears that the safest place to do this is in Europe somewhere." (Government Exhibit No. 124.) [Government Exhibit No. 124 was seized by Special Agent Brunson from a file cabinet in Room 10 in the Information Bureau at the Cedars Complex.

The defendant Weigand added:

The defendant Mary Sue Hubbard responded to the defendant Weigand's letter as follows:

(Government Exhibit No. 124 at p. 2.) On September 2, the defendant Weigand responded to the defendant Hubbard's inquiry that he did not know how the FBI had connected "John M. Foster" to Michael Meisner. He suggested, however, that they might have been able to locate his former apartment house and have his photograph identified by a tenant. [Handwriting expert James Miller concludes that it is "probable" that the signature "Dick" was written by the defendant Weigand, and that the initials next to the title "DG US" on the August 30 and September 2 letters were written by the defendant Heldt. Mr. Meisner recognizes the signature of the defendant Weigand and the initial of the defendant Heldt.]

On the evening of August 30, the defendant Weigand contacted Mr. Meisner and requested him to come to his office, which had since been moved to a warehouse in Glendale, California. In the presence of the defendant Hermann and Assistant Guardian for Information in Clearwater, Florida, Joe Lisa, he informed Mr. Meisner of the outstanding warrant for his arrest, and instructed him to sever all outward connections to the Guardian's Office. He told him that the defendant Hermann would assist him in moving out of the Weigand residence into a motel. He also removed him from the position of National Secretary for the United States. Mr. Meisner was given funds for the motel.

With the defendant Hermann's assistance, Mr. Meisner moved to the RegaLodge on 200 West Colorado Boulevard, in Glendale, where he registered as "Jeff Burns". On September 1, Mr. Meisner moved to the Bon Air Motel at 1727 North Western Avenue in Los Angeles, where he stayed until September 8. He registered there as "Jeff Marks." During that time, the defendant Hermann/Cooper ordered Mr. Meisner to change his appearance. (Government Exhibit No. 125.)

[Government Exhibit No. 125 was seized by Special Agent Brunson from a file cabinet outside the office of the defendant Raymond in Room 15 at the Cedars Complex. Mr. Meisner was ordered to change his appearance so as to create "the image of an aging guy wanting to look hip as a means of regaining his youth a bit," to wear a "mod wardrobe," to shave his head, to wear contact lenses, to have a tooth capped, to lose or gain some weight, and to wear earth shoes to change his posture.]

In a letter dated 3 September 1976 the defendant Weigand notified the defendant Hermann/Cooper that the defendant Heldt had issued new orders relating to "Jeff Murphy" - Mr. Meisner's alias at the time. (Government Exhibit No. 126.) [Government Exhibit No. 126 was seized by Special Agent Brunson from a file cabinet outside the defendant Raymond's office at the Cedars Complex.]

The defendant Weigand suggested that Los Angeles was a better place to hide Mr. Meisner since it was "a huge city and he can get lost here very successfully," while still being close to the Guardian's Office. He directed the defendant Hermann/ Cooper to give this matter "top priority and lets [sic] get it done." [Mr. Meisner identifies the handwritten notations on the lower half of this letter as having been written by the defendant Hermann/Cooper.]

On September 10, 1976, Mr. Meisner moved to the Westgate Hotel located at 445 South Western Avenue in Los Angeles. At midnight, as a result of new developments in the District of Columbia, Mr. Meisner was moved by the defendants Willardson and Hermann/Cooper to the Wilshire Dunes Motel at 4300 Wilshire Boulevard, also in Los Angeles. He registered at both locations as "Jeff Marks", and stayed at the latter until September 12. Mr. Meisner was then moved by the defendant Hermann-Cooper to the Travelodge at 7370 Sunset Boulevard for one night. On September 13 and 14, he stayed at the Sunset 8 Motel at 6516 Sunset Boulevard. Then, on September 15, he registered at the Burbank Hotel located in Burbank, California, where he remained until early October. Mr. Meisner paid for all of these hotels with Guardian's Office funds supplied to him by the defendant Hermann/Cooper who was his immediate contact.

In a September 18, 1976 letter, the defendant Mary Sue Hubbard informed the defendant Weigand that she had "at last gotten a copy of the warrant" for the arrest of Mr. Meisner. She concluded that there was "the need to establish an alibi for MM", The defendant Weigand responded to the defendant Hubbard's letter on 22 September 1976 in which he expressed his belief that her plan would "encounter difficulties" in view of the fact that the FBI had the defendant Wolfe's and Mr. Meisner's handwriting on the log books of the Courthouse. He stated his opinion that establishing an alibi as she bad suggested, would "come down to our word(s) against 2 FBI agents, cleaners and guards, plus handwriting experts, ear experts and possibly fingerprint experts." He concluded that there were two options open:

"The worst," he stated "from my viewpoint is that M would get 5 years in jail and a $2000 fine that being the maximum for the action. Also, there would be attempts to get him to turn or otherwise implicate us or others in various wrong doings." He added that "[i]f the investigation continues I expect that more data will be turned up linking us with M's and others [sic] actions." He asked the defendant Hubbard to send him her views. (Government Exhibit No. 127.) [Government Exhibit No. 127 was seized by Special Agent Brunson from a file cabinet outside the defendant Raymond's office at the Cedars Complex. Mr. Meisner identifies the initials next to the words "Info" and "Return" as having been written by the defendant Heldt.]

The defendant Hermann/Cooper and Mr. Meisner met for some two hours on September 20, 1976. Mr Meisner told the defendant Hermann/Cooper that he was absolutely opposed to leaving the country. (See also Government Exhibit No. 128.) [Government Exhibit No. 128 was seized by Special Agent Brunson from a file cabinet located outside the defendant Raymond's office at the Cedars Complex. Mr. Meisner identifies the handwriting around the caption of the September 21, 1976 letter, from the defendant Hermann/Cooper to the defendant Weigand, as that of the defendant Hermann/Cooper.]

The defendant Hermann/Cooper advised Mr. Meisner that, pursuant to a Guardian's Office directive, a San Diego police lieutenant had made an inquiry through the National Crime Information Center (NCIC) computer to determine the specifics regarding the arrest warrant which had been issued for Mr. Meisner on August 5. The defendant Hermann/Cooper stated that the NCIC check revealed that the Meisner warrant was for the forgery of government identification cards. He told Mr. Meisner that the FBI had contacted the police lieutenant to find out why he had made that inquiry.

San Diego police lieutenant Warren Young, a member of the Church of Scientology, told the FBI that he had made the NCIC check because he had arrested Mr. Meisner for a pedestrian violation the previous day in San Diego. In fact, Mr. Meisner had never been to San Diego. In a handwritten letter dated 16 September 1976, the defendant Duke Snider stated to the defendant Weigand that "[i]t looks as though AG SD [Assistant Guardian for San Diego] has set C of S [Church of Scientology] up to be accused of conspiring with this policeman to violate the law." He directed the defendant Weigand to take the necessary steps to handle the matter. (Government Exhibit No. 129A.)

On the same day, the defendant Weigand responded to the defendant Snider that, while he did not know whether the policeman was "cool", he knew that the police officer was a lieutenant who "is on SCN (Scientology] lines". He observed that they "have laid a nice false lead for the FBI which cant [sic] help but help us while dispersing their investigation. This according to reliable sources is one thing that can draw an investigation to a quik [sic] close.'' (Government Exhibit No. The defendant Snider, in a handwritten notation thanked the defendant Weigand and stated that he was "glad to see it is under control".

See also Government Exhibit No. 129. Handwriting expert James Miller is "positive" that all of the handwriting on the Snider letter marked Government Exhibit No. 129A is in the handwriting of the defendant Snider. He is "positive" that the handwritten notation signed "Duke" on Government Exhibit No. 129B is in defendant Snider's handwriting. He also concludes that the handwritten notation signed "Love Cindy", as well as the initials and date next to the "natl sec" entry on Government Exhibit No. 129, are positively in the handwriting of the defendant Raymond. Government Exhibit No. 129 was also seized by Special Agent Brunson from a file cabinet outside the defendant Raymond's office at the Cedars Complex. In fact, Special Agent Christine Hansen requested the FBI Field Office in San Diego, California, to question police lieutenant Warren Young, and follow the lead, given by him, that Mr. Meisner was in that city. This false lead diverted the resources of the FBI in the instant investigation to yet another city.

On September 28, 1976, Deputy Guardian for Information World-Wide Mo Budlong, in a letter to the defendant Weigand "Re: Murphy [Meisner]", stated:

(See Government Exhibit No. 131.) [Government Exhibit No. 131 was seized by Special Agent Henry L. Williams from the desk of the defendant Cindy Raymond at the Cedars Complex. It was inventoried and initialed by Special Agent Raymond Mislock.]

E. The Guardian's Office Gives the FBI and the Grand Jury False Handwriting Exemplars.

In late September 1976, FBI Special Agent Hansen requested the Church of Scientology in Washington, D.C., to supply the government investigators with exemplars of Mr. Meisner's handwriting. In Los Angeles, California, the defendant Raymond met with Mr. Meisner to discuss what should be given to the FBI. She informed Mr. Meisner that it had been decided to give false exemplars to the FBI.

In a letter dated September 30, 1976, to the defendant Weigand, the defendant Mary Sue Hubbard stated that she was aware that the FBI had requested Meisner handwriting exemplars and that those would be compared to the log books of the buildings which Mr. Meisner had entered. She, thus, requested the defendant Weigand to furnish her with a list of all the buildings which Mr. Meisner had illegally entered. The defendant Hubbard stated in that letter that she was, as of that date, fully aware of the existence of an arrest warrant for Mr. Meisner. (Government Exhibit No. 132.) [ Government Exhibit No. 132 was seized by Special Agent Raymond Mislock from a file cabinet located in Room 30 of the Information Bureau at the Cedars Complex.]

In order to respond to the defendant Hubbard's inquiry the defendant Raymond met with Mr. Meisner to obtain from him a list of all the buildings he had illegally entered in the District of Columbia and the details of those entries. She then relayed that information to the defendant Weigand who responded to the defendant Hubbard's request in a late October 1976 letter. (Government Exhibit No. 132 at page 1.) In that letter, the defendant Weigand informed the defendant Hubbard that the buildings illegally entered by Mr. Meisner included the Department of Justice, the Internal Revenue Service, the Office of International Operations, as well as a number of other private and Government buildings.

The other buildings listed in that letter include the Post Office, the Labor Department's National Office, the Federal Trade Commission, the Department of the Treasury, the U.S. Customs Building, the Drug Enforcement Administration, the American Medical Association's law firm offices in Washington D.C., and the offices of the law firm representing the St. Petersburg Times, also in Washington, D.C. Handwriting expert James Miller concludes that it is "highly probable" that the signature "Dick" at the end of the October 8 letter was written by the defendant Weigand. Mr. Meisner, himself, recognizes that signature as in the handwriting of defendant Weigand, and explains that the initials "DW/jf" to the left of the signature are those of the defendant Weigand and his communicator (secretary) Janet Finn.

The defendant Weigand pointed out to the defendant Hubbard that he was in the process of "working out a full cover that would cover the log book sign-ins along the lines of they were done to reveal the insecurity within the government for a series of articles that M [Meisner] would be writing as exposes."

For another series of letters to the defendant Mary Sue Hubbard discussing the District of Columbia incident and the Wolfe/Meisner situation, see Government Exhibit No. 130, which includes a "CSW" from Mr. Meisner to the defendant Hubbard as well as memoranda from the defendant Hermann/Cooper to the defendant Hubbard. Mr. Meisner states that the defendant Hermann/Cooper's handwriting appear in the following locations: the word "secret" at the top of page one, and the signature on the last page. Government Exhibit No. 130 was seized by Special Agent Brunson from a file cabinet outside the defendant Raymond's offices.

On October 8, 1976, FBI Special Agent Hansen served upon Assistant Guardian for the Legal Bureau in Washington, D.C. Kendrick "Rick" Moxon a Grand Jury subpoena for all original known handwriting exemplars of Michael Meisner and the employment application and personnel records of Mr. Meisner in the possession of the Church of Scientology. That subpoena was returnable on October 14, 1976. Assistant Guardian for Information in the District of Columbia Richard Kimmel immediately notified the defendant Hermann/Cooper of the service of that subpoena. The defendant Hermann/Cooper then notified the defendants Heldt and Weigand in an October 9, 1976 memorandum. (Government Exhibits Nos. 133 and 134 at p. 1.) [Government Exhibits Nos. 133 and 134 were seized by Special Agent Brunson from a file cabinet in room 10 at the Cedars Complex.]

In that same memorandum, the defendant Hermann/ Cooper requested approval from the defendants Heldt and Weigand for a mission by Randy Windment, the real name of Bruce Raymond, the National Operations Officer for the Information Bureau in the United States. Mr. Windment/Raymond was to go to the District of Columbia to check the security of the Guardian's Office and the covert operatives who were still functioning--namely the defendant Sharon Thomas (also known as "Judy") and Ms. Nancy Douglass (also known as "Pitts"). Both the defendants Weigand and Heldt signed their approval of that mission. (See Government Exhibit No. 134.)

Handwriting expert James Miller concludes that it is "probable" that the handwritten initials next to the words "mission approved" on page one of Government Exhibit No. 134 were written by the defendants Heldt and Weigand. Similarly, Mr. Miller finds it "probable" that the initials and date next to the title "DG Info US" on page one are in the hand- writing of the defendant Weigand, and the initial next to item 2 (vital targets) on page two is probably in the handwriting of the defendant Heldt. Mr. Meisner identifies those initials as in the handwriting of the defendants Weigand and Heldt respectively, as he does all of the handwriting on page three as that of the defendant Hermann/Cooper. Mr. Meisner also identifies the signature "Mike" at page one of Government Exhibit No. 134 and the handwriting on pages three and five of Government Exhibit No. 133 as that of the defendant Hermann/Cooper.

On October 14, 1976, District of Columbia Assistant Guardian for the Legal Bureau Kendrick "Rick" Moxon, submitted an affidavit with nine pages of handwritten material. In the affidavit, he stated that he was unable to locate a personnel file for Mr. Meisner, and that the nine pages of appended handwriting were those of Mr. Meisner. However, as the defendant Raymond stated to Mr. Meisner in a meeting in late September 1976, Mr. Moxon had been directed to supply the government with fake handwriting samples in lieu of Mr. Meisner's true handwriting exemplars.

F. The Guardian's Office Refines its Cover-Up Plans

In early October 1976, the defendant Raymond decided that it would be best for Mr. Meisner to move from his motel to an apartment, thereby reducing the expenses of the Guardian's Office. Paul Poulon, the Collections Officer for the Information Bureau, rented an apartment for Mr. Meisner at 444 South Burlington Street in Los Angeles, California, to which Mr. Meisner moved on October 6. Mr. Meisner, at that time, was spending most of his days at local libraries doing research on the security of government buildings, in order to support one of the cover-up stories, _viz._, that he had entered various government buildings to do an expose on the lack of security.

The defendant Raymond and Mr. Meisner met approximately twice a week to discuss the ongoing cover-up. Mr. Meisner requested of the defendant Raymond that she set up a meeting between him and the defendant Snider as soon as possible. Mr. Meisner had been anxious to communicate his views regarding the cover-up in the current District of Columbia situation with someone in a position of higher authority. He thus selected the defendant Snider because of his high position in the Guardian's office as well as the fact that he had known him for a long time. Indeed, the defendant Snider had recruited Mr. Meisner for the Information Bureau of the Guardian's office. On October 28, the defendant Snider and Establishment Officer Peeter Alvet met with Mr. Meisner at the Burlington Street apartment. Mr. Meisner told the defendant Snider that he was concerned about the length of time that the cover-up operation was taking.

The defendant Snider cautioned Mr. Meisner that "we didn't want him doing something too fast as we wanted to see what happened with Silver [Wolfe] first, the threat of a Grand Jury." Government Exhibit No. 137, is a letter dated 4 November 1976 in which the defendant Snider wrote the defendant Heldt of the outcome of his meeting with Mr. Meisner. [Government Exhibit No. 137 was seized by Special Agent Brunson from a file cabinet located outside the office of the defendant Raymond.]

In it, the defendant Snider stated that Mr. Meisner "seemed to finally realize . . . that his actions would ultimately seriously effect [sic] the church . . ." Mr. Meisner had expressed concern for his wife and his parents as well as for the fact that he was being kept almost totally uninformed of Guardian's Office actions on the ongoing cover-up. The defendant Snider' assured Mr. Meisner that he would be briefed on all decisions taken by the Guardian's Office and that his views would henceforth be considered. He assured Mr. Meisner that the defendant Mary Sue Hubbard was concerned about the situation and was fully aware of it, and that anything Mr. Meisner wanted to express to the defendant Hubbard would be sent directly to her.

At the conclusion of the meeting, the defendant Snider asked Mr. Meisner to continue doing work for the Information Bureau. In his letter to the defendant Heldt reporting on that meeting (Government Exhibit No. 137), the defendant Snider concluded that Mr. Meisner "is not a traitor and will cooperate" with the Guardian's Office. (Emphasis added.)

Three days later, in a letter to defendant Weigand the defendant Hubbard added yet another dimension to the cover-up plan. She suggested that the following scenario be considered: Mr. Meisner (whom she refers to by the letter "H" for the code name Herbert which Mr. Meisner had assumed since going underground after the issuance of his arrest warrant) was having marital trouble and was jealous that his wife was being more productive than he. Therefore, he took it upon himself to organize the burglaries of government buildings and thefts of documents from those buildings to prove that he too could produce for the Guardian's Office. She instructed the defendant Weigand that "[i]f this seems workable" then Mr. Meisner should be ordered to work on the details of this aspect of that plan. (Government Exhibit No. 135.) [Government Exhibit No. 135 was seized by Special Agent Brunson from a file cabinet in Room 10 in the Information Bureau at the Cedars Complex. Mr. Meisner identi- fies the handprinting on that letter above the typewritten words as being in the handwriting of the defendant Raymond. He further recognizes the initial next to the title "DG US" as having been written by the defendant Heldt.]

In response to an order that he received from his "senior", the defendant Heldt directed the defendant Willardson to contact the defendant Wolfe and instruct him to "push his lawyer to get the scene handled." (Government Exhibit No. 136.) [Government Exhibit No. 136 was seized by Special Agent John C. Kammerman from Room 15 in the Information Bureau at the Cedars Complex. It was inventoried and initialed by Special Agent Michael Ray Napier.]

On November 5, pursuant to the decision made during his meeting with the defendant Snider, Mr. Meisner was moved by Mr. Paul Poulan to a new apartment located at 840 South Serrano Street in Los Angeles, California. Mr. Meisner rented that apartment in the name of "Jeff Marks" with funds provided him by Mr. Poulon. Mr. Meisner resided at that location until the end of April 1977.

On November 26, Mr. Meisner wrote a lengthy letter to the defendant Mary Sue Hubbard explaining to her the extent of his predicament. Government Exhibit No. 138.) [Government Exhibit No. 138 was seized by Special Agent Kammerman from a file cabinet in Room 15 in the Information Bureau at the Cedars Complex. It was initialed by Special Agent Napier.]

In that letter, he expanded upon the various aspects which she had proposed in her October 31 letter to the defendant Weigand (Government Exhibit No. 135). Mr. Meisner told the defendant Hubbard, that regardless of what cover story was eventually used to handle the ever expanding Federal investigations in the District of Columbia, it would be necessary to explain where he had been living since June 11 when he was confronted by the FBI in the United States Courthouse. He explained that, in any event, the FBI would want to know how Mr. Meisner was able to support himself during all the time that be was in hiding. Thus, Mr. Meisner told the defendant Hubbard that he and the defendant Raymond had already worked out a plan, whereby Mr. Meisner would tell the FBI that he had been living with a friend in Canada.

Mr. Meisner wrote that Canada was selected because the FBI had no authority to conduct investigations there. However, he also stated that a cover would have to be created in Canada. He concluded in a postscript that "in my opinion, no matter what story we use, the longer we wait to implement it, the less believeable it will be and the more that the government will be inclined to believe that the Church is behind it." On November 30, the defendant Mitchell Hermann (a/k/a Mike Cooper) wrote a briefing memorandum outlining step-by-step the activities in which the defendant Wolfe (Silver) and Mr. Meisner (Herbert/MM) had been involved in the District of Columbia, and the cover story which had been prepared since their encounter with the FBI.

The defendant Hermann/Cooper explained that the defendant Wolfe and Mr. Meisner had been involved, from 1974 through June 1976, in the burglaries of Government offices and thefts of Government documents in Washington, D.C. In the spring to summer of 1976, they had directed their attention to the office of Assistant United States Attorney Nathan Dodell in the United States Courthouse in Washington, D.C. It was there, on June 11, 1976, that they were confronted by the FBI. The defendant Hermann/Cooper stated that on June 12, Mr. Meisner had come to Los Angeles, where over the next few days a cover-up story and plan was prepared to contain and terminate the FBI investigation. On June 30, the defendant Wolfe was arrested by the FBI and subsequently gave the previously prepared cover-up story to the FBI and the Office of the United States Attorney for the District of Columbia. Then, on July 28, the defendant Wolfe's case was referred to a grand jury for investigation. On August 5, he pointed out, a sealed warrant had been issued for Mr. Meisner. He concluded that "an overall cover story for MM and Silver is being put together by Natl Sec to submit uplines for final approval." That briefing memorandum was sent on December 1, 1976, to the Deputy Guardian for Informa- tion World-Wide, via the defendants Heldt and Weigand, with a copy to the defendant Raymond. (Government Exhibit No. 139.)

Government Exhibit No. 139 was seized by Special Agent Kammerman from a file cabinet in Room 15 in the Information Bureau at the Cedars Complex. It was initialed by Special Agent Napier. At that time, the defendant Raymond held the position of National Secretary for the Information Bureau in the United States. Mr. Meisner identifies the handwritten word "Secret" at the top of page one as having been written by the defendant Hermann/Cooper. During this time Mr. Meisner was undergoing regular auditing pursuant to the directive of the defendant Heldt. See Government Exhibit No. 140.

Handwriting expert James Miller concludes as follows: "positive" that the word "handroute" at the top of page one and the notation "cc: DDGUS . . . ." in the routing portion also on page one were in the handwriting of the defendant Raymond; "positive" that the handwritten notation in the upper right-hand portion of page two, the 28 November 1976 letter from the defendant Heldt, as well as the signature on that page were written by the defendants Raymond and Heldt respectively; "positive" that the notation to "Cindy" in the upper part of page three was written by the defendant Heldt; "positive" that the notation "(enemy formula)" at the bottom of page six was written by the defendant Raymond; "positive" that the notation "CR: note no folders . . . ." two-thirds down on the eleventh page was written by the defendant Raymond; "positive" that the notations in the left margin were written by the defendant Raymond; "positive" that the handwritten routing on the reverse of page seventeen and the notation at the top of page eighteen were written by the defendant Raymond. Government Exhibit No. 140 was seized by Special Agent Brunson from a file cabinet in Room 10 of the Cedars Complex.

The defendant Raymond sent to the defendant Weigand the cover-up plan and story intended to stall the FBI investigation in the District of Columbia (Government Exhibit No. 141 at p. 2 et seq.) Government Exhibit No. 141 was seized by Special Agent Brunson from a file cabinet outside Room 15 at the Information Bureau at the Cedars Complex. It was inven- toried and initialed by Special Agent Napier.

She stated that once the defendant Wolfe's District of Columbia case was resolved, Mr. Meisner (Herbert) would be surrendered by the Church of Scientology and would give the agreed-upon cover-up story which she outlined. That story conformed to the one prepared and approved by the defendants Heldt, Snider, Weigand, and Willardson in mid-June, and given to the defendant Wolfe. Appended to her letter was a project for the containment of the investigation which was being conducted by the FBI and United States Attorney's Office in the District of Columbia. The defendant Weigand simultaneously informed the defendant Mary Sue Hubbard that the cover-up plan had been completed.

He explained that:

(Government Exhibit No. 141.) The defendant Weigand sent the same information to Deputy Guardian for Information World-Wide Mo Budlong. (Government Exhibit No. 142.)

Handwriting expert James Miller concludes that it is "highly probable" that the writing "Love, Dick" at the end of that letter is that of the defendant Weigand. Government Exhibit No. 142 was seized by Special Agent Brunson from a file cabinet outside Room 15 in the Cedars Complex. It was inventoried and initialed by Special Agent Napier.

G. The Federal Grand Jury Investigation in the District of Columbia Continues

On December 15, 1976, the Grand Jury investigation continued before a new Grand Jury of the United States District Court for the District of Columbia with the appearance of Special Agent Christine Hansen. [As mentioned _supra_, at page 212, a previous Grand Jury of that Court had, in October, issued a subpoena directing the Church of Scientology to surrender the personnel records and exemplars of Michael Meisner's known handwriting. See also Government Exhibit No. 214 for the Grand Jury docket entry reflecting Agent Hansen's appearance.]

In a briefing paper dated January 7, 1977, the defendant Hermann/Cooper informed the defendant Heldt that the Commodore Staff Guardian, defendant Mary Sue Hubbard, had "approved" a plan identical to the one previously laid out by the defendant Raymond on December 10, 1976. (Government Exhibit No. 143.)

See page five of Government Exhibit No. 143 and compare to Government Exhibit No. 141 at page 2 et seq. Handwriting expert James Miller concludes that it is "highly probable" that the signature "Love, Mike" at page four was written by the defendant Hermann/Cooper. Mr. Meisner identi- fies that signature, as well as the one on page six, and the handwriting in the routing portion of page one as having been written by the defendant Hermann/Cooper. A copy of Government Exhibit No. 143 was sent to the "CSG", defendant Mary Sue Hubbard, and to the defendant Raymond. Government Exhibit No. 143 was seized by Special Agent Kammerman in a file cabinet In Room 15 of the Cedars Complex. It was inventoried and initialed by Special Agent Napier.

In that briefing paper the defendant Hermann/Cooper outlined for the defendant Heldt the following events: the arrest of the defendant Wolfe; the investigation which was being conducted by the FBI and the United States Attorney's Office; the cover-up story given by the defendant Wolfe; Principal Assistant United States Attorney Carl S. Rauh's statement that he did not believe that story; the assignment of the investigation to Assistant United States Attorney Garey Stark of the Fraud section; the statement by Wolfe's attorney "that the case has been prepared to go to the grand jury" (emphasis added); and the various attempts which were being made by the FBI to locate Mr. Meisner in Washington, D.C.

He suggested that research should be conducted to determine if a "guilty plea would then eliminate the grand jury." He also stated that the defendant Wolfe had been directed not to give any further information beyond the cover-up story prepared for him by the Guardian's Office. (See Government Exhibit No. 143 at P. 5.)

On January 23, 1977, the defendant Hermann/Cooper notified the defendants Heldt and Weigand that the defendant Wolfe had a scheduled meeting with the United States Attorney's Office in Washington, D.C. He suggested that that meeting be used to present "further cover story to them as a possible means of forstalling [sic] a possible grand jury." He added, however, that the "furthr [sic] cover story needs to be elaborated." Thus, he appended to his "CSW" the original story with the additions that were prepared to "dovetail" with it. (Government Exhibit No. 144.) [Handwriting expert James Miller has reached the following conclusions: "positive" that the notation "Cindy's copy" on page one, the entire fourteen-line handwritten notation on page two, and the notations in the right- hand margins of pages three, four and seven, are all in the handwriting of the defendant Raymond. Mr. Meisner also identifies the notation in the left-hand margin of page one as having been written by the defendant Raymond, and the notation in the upper portion of page 5 as having been written by the defendant Hermann/Cooper. Government Exhibit No. 144 was seized by Special Agent Kammerman from a file cabinet in Room 15 in the Inform-ation Bureau in the Cedars Complex. It was inventoried and initialed by Special Agent Napier.]

In handwritten notations throughout the document, the defendant Raymond opposed some of the changes in the cover-up story proposed by the defendant Hermann/Cooper, In an appended report beginning at page five of Government Exhibit No. 144, the defendant Hermann/Cooper outlined the final proposed cover-up story which in fact was given by the defendant Wolfe to the United States Attorney's Office, the FBI, and later to the United States Grand Jury for the District of Columbia. He included in that report the names of restaurants and bars which had earlier been left unnamed.

One week later the defendant Hermann/Cooper reminded the Deputy Guardian for Legal Affairs in the United States Mary Rezzonico that "it is still planned to get Silver [Wolfe] out here for briefing prior to the meeting" which Wolfe had scheduled with the United States Attorney's Office. He expressed the defendant Wolfe's concern that the United States Attorney's Office would attempt to strike a deal with him to become a government witness. (Government Exhibit No. 146.)

During the same period the defendant Hermann/Cooper requested Paul Klopper the Legal Branch II Director U.S., to research whether the United States Attorney's Office could still conduct a grand jury investigation if the defendant Wolfe entered a guilty plea. (Government Exhibit No. 145.) Govern- ment Exhibit No. 145 was seized by Special Agent Aldrich from a file cabinet in the office of the defendant Willardson at the Cedars Complex. Government Exhibit No. 146 was seized by Special Agent Kammerman from a file cabinet in Room 15 of the Information Bureau at that complex. The latter document was inventoried and initialed by Special Agent Napier. Mr. James Miller, the handwriting analyst, concludes that it is "probable" that the signature "Mike" on Government Exhibit No. 146 was written by the defendant Hermann/Cooper. Mr. Meisner identifies that signature as that of the defendant Hermann/Cooper.

During the months of February and March 1977 the cover- up preparation by the Guardian's Office and Information Bureau slowed considerably due to the failure of the defendant Mitchell Hermann (a/k/a Mike Cooper) to complete the outstanding aspects of the cover-up story, and because of the defendant Wolfe's waiver of the rule requiring an indictment within forty-five days of arrest. [Rule 4(a)(1) of the _Rules of the United States District Court for the District of Columbia_ provides that indictments are to be returned within forty-five days of any arrest which occurred prior to July 1, 1976.]

The defendant Raymond and Mr. Meisner continued to elaborate upon various portions of that cover-up story. The defendants Willardson and Raymond assigned Mr. Meisner the task of preparing other covert operations and projects. During this period, Mr. Meisner continued to be audited three times a week. Towards mid-March, however, Mr. Meisner became upset at the lengthy delays and complained to the defendant Raymond, who informed her superiors of Mr. Meisner's dissatisfaction. The defendant Weigand notified Mr. Meisner that the defendant Hermann/Cooper had been removed from the Information Bureau in part for his failure to properly handle the cover-up, and was assigned to the Services Bureau. He was replaced as cover-up coordinator by the defendant Raymond. Simultaneously, Brian Andrus was appointed to replace the defendant Hermann/ Cooper Southeast U.S. Secretary.

See Government Exhibit No. 147 at page three where the defendant Raymond indicated that the defendant Hermann/ Cooper "was badly suppressing the lines and giving no or false information, keeping both Legal and BI in a confusion as to exactly what to do." Government Exhibit No. 147 was seized by Special Agent Brunson from a file cabinet outside Room 15 of the Cedars Complex. It was inventoried and initialed by Special Agent Napier.

Soon thereafter, Mr. Andrus also became Mr. Meisner's case officer. On March 27, 1977, the defendant Raymond sent a "CSW" to the defendants Heldt and Weigand emphasizing the need for action in regard to the defendant Wolfe's and Mr. Meisner's situation in Washington, D.C. She pointed out that she had recently been assigned the task of coordinating the cover-up and reminded them that the Commodore Staff Guardian, the defendant Mary Sue Hubbard, and the Guardian's Office World-Wide had ordered the containment of the grand jury investigation. (Government Exhibit No. 147.)[During the few months prior to March 1977, the defendant Raymond had shown Mr. Meisner much of the correspondence within the Guardian's Office concerning ongoing research for the cover-up. See, e.g., Government Exhibits Nos. 147A and 147B. Handwriting expert James Miller positively identifies the handwriting of the defendant Raymond on the following pages: page one - the notation "A Rush"; page two - the three-line handwritten notation in the middle of the first line; pages four, five and six - the handwritten notations; page nine - the handwriting at the bottom of the page; page thirteen - all writings in both margins; page seventeen - the handwritten notation in the upper portion of the right margin. Mr. Miller also positively identifies the initials and date next to the title "DG I US" in the routing portion of page one as being in the handwriting of the defend- ant Weigand. Moreover, Mr. Meisner identifies the initials next to the title "DG US" on that same routing as being in the handwriting of the defendant Heldt.

H. The Guardian's Office Cover-Up Moves Into its Final Phase

In late March, Mr. Meisner wrote to the defendant Heldt requesting him to take a more active role in the handling of the District of Columbia situation because the delays were becoming intolerable. Mr. Meisner stated that he was prepared to return to the District of Columbia and handle the matter himself. Soon thereafter, the defendant Heldt became more active in supervising the execution of the cover-up.

To that end, on April 1, 1977, the defendant Heldt told the defendant Mary Sue Hubbard that Mr. Meisner was concerned about the delays. He told her that he was now taking a more active role in the handling of Mr. Meisner and that he was sending the defendant Weigand to speak to Mr. Meisner "to cool him off". (Government Exhibit No. 148.) (The appended handwritten letter explains the coding contained in the typewritten one.) [Government Exhibit No. 148 was seized by Special Agent Brunson from a file cabinet located outside Room 15 in the Information Bureau at the Cedars Complex. It was initialed and inventoried by Special Agent Napier. Handwriting expert James Miller positively identifies the defendant Heldt as the writer of the entire handwritten letter beginning at page six of this exhibit.]

The defendant Heldt then responded to Mr. Meisner's earlier letter, stating that he was convinced that both the defendant Wolfe and Mr. Meisner should enter guilty pleas in the District of Columbia. He also told Mr. Meisner that Brian Andrus would keep in constant contact with him and inform him of all new developments and solicit his views on all future matters. Heldt also promised Mr. Meisner that within six weeks the defendant Wolfe would enter his guilty plea and pave the way for Mr. Meisner's surrender to Federal authorities in Washington, D.C. Mr. Andrus handed that letter to Mr. Meisner.

On April 6, in a letter to the defendant Heldt, Mr. Meisner reviewed the issues which were of concern to him. He complained that "the data I had been given was false, incorrect, misinformed, etc., and I caved in." He expressed relief that the defendant Heldt was now in control of the Situation. (Government Exhibit No. 149.) [Government Exhibit No. 149 was seized by Special Agent Aldrich from a file cabinet in the defendant Willardson's office in the Cedars Complex.]

Mr. Meisner also wrote to the defendant Weigand on April 7, 1977, suggesting that, since the defendant Heldt had indicated that Mr. Meisner would shortly be surrendering in Washington, an attorney should be chosen to handle his case. He also recommended that an "FSM" be placed in the appropriate government agency to obtain information regarding anticipated action by federal authorities.

By memorandum dated 12 April 1977, Brian Andrus informed the defendant Weigand that Mr. Meisner (Herb) had inquired about the delay in receiving a response from the defendant Weigand to his letter of 7 April 1977. (Government Exhibit No. 150.) In a handwritten note on that memorandum, the defendant Weigand responded that he had not as yet read Mr. Meisner's letter, and that he wished to receive Andrus' and Raymond's proposals before responding. The handwriting analyst, Mr. James Miller, concludes that it is "probable" that that notation was written by the defendant Weigand. Mr. Meisner identifies that notation, and the initials next to the title "DG I US", as having been written by the defendant Weigand. He also recognizes the signature on the memorandum as that of Mr. Andrus. Government Exhibit No. 150 was seized by Special Agent Henry Williams in the defendant Raymond's desk at the Cedars Complex. It was inventoried and initialed by Special Agent Mislock.

Mr. Andrus and United States. Deputy Guardian for Legal Bureau Mary Rezzonico gave the defendant Heldt's letter to Mr. Meisner during a meeting they had at his apartment. At that meeting, Mr. Meisner told Mr. Andrus and Ms. Rezzonico that he did not believe it was necessary to enter a guilty plea. He preferred to return to the District of Columbia, surrender to the authorities, and go to trial putting the government to its burden as required by law. Mr. Meisner felt that in this manner he could challenge FBI Agent Hansen's identification of him as one of the two persons she had confronted in the United States Courthouse in the District of Columbia. (See also Government Exhibit No. 151.) Government Exhibit No. 151 was seized by Special Agent Henry Williams from the defendant Raymond's desk at the Cedars Complex. It was inventoried and initialed by Special Agent Mislock.

In a briefing memorandum dated April 15, Mr. Andrus stated that Mr. Meisner had thanked him for being willing to listen to his point of view. Mr. Andrus concluded that Mr. Meisner was now once again in the fold. A few days thereafter, the defendant Wolfe arrived in Los Angeles, California, where he was briefed on various aspects of the cover-up story by Mr. Andrus, Ms. Rezzonico, and Paul Pflueger, a Legal Bureau official. Mr. Andrus informed Mr. Meisner of the defendant Wolfe's presence and of the briefing sessions.

On April 20, 1977, Guardian World-Wide Jane Kember criticized the defendant Heldt for his "sloppy reporting and poor co-ordination" of the Wolfe/Meisner District of Columbia situation. She formulated the following "strategy", whereby the defendant Wolfe would request an immediate meeting with the United States Attorney's Office, admit his guilt stating the cover-up story, waive his right to a Grand Jury indictment plead guilty, and would be "sentenced lightly" as a first offender. Meisner would then surrender and also enter a guilty plea based on the cover-up story, giving "an informal story on where he had been for the last 7 months", and also receive a suspended sentence. If the United States Attorney's Office were to insist on continuing with its Grand Jury investigation, then Wolfe would be directed to "refuse to testify".

Ms. Kember also demanded an explanation for the long delay in resolving the Wolfe case. (Government Exhibit No. .152.) [Government Exhibit No. 152 was seized by Special Agent William R. Stovall from the defendant Heldt's desk at the Fifield Manor. Mr. Meisner identifies the whole letter as being in the handwriting of Ms. Kember.]

At the same time, the Commodore Staff Guardian, defendant Mary Sue Hubbard, directed the defendant Heldt to begin creating a Canadian cover to explain Mr. Meisner's fugitive status without connecting Mr. Meisner to the Church of Scientology. The defendant Heldt immediately informed Mr. Andrus of the defendant Hubbard's order and charged him with the task of putting it into effect. (See Government Exhibit No. 153.) 

Part IV (I-M) of the Stipulation of Evidence