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

I. The Guardian's Office Restrains and Guards Michael Meisner

On April 27, Mr. Andrus, following a meeting with Mr. Meisner, notified the defendant Weigand that Mr. Meisner was so concerned about the slowness of the Guardian's Offices actions that Mr. Meisner intended on "leaving for either Canada or DC Saturday." (Government Exhibit No. 154.) .

Government Exhibit No. 154 was seized by Special Agent William R. Stovall from defendant Heldt's desk at the Fifield Manor. Mr. Meisner identifies the signature on page five as having been written by Mr. Andrus. On April 28, Mr. Andrus spoke to the defendant Wolfe and was informed that it was impossible to withdraw the waiver of the rule requiring an indictment within 45 days of arrest. (Government Exhibit No. 155.) That exhibit was also seized by Special Agent Stovil from the defendant Heldt's desk.

On April 28, Ms. Rezzonico and Mr. Andrus, together with Jim Fiducia, Mr. Meisner's auditor, visited Mr. Meisner at his Serrano Street apartment in order to convince him that it was not in his best interest to leave Los Angeles and return to the District of Columbia on his own. Mr. Meisner, however, was adamant that he would leave by April 30 unless he received assurances that the Wolfe situation in the District of Columbia would be resolved promptly. In a 29 April letter to the defendant Heldt summarizing the April 28 meeting, Ms. Rezonico stated her conclusion, based upon additional conver- sations with the defendants Raymond and Weigand, that there were reasons for concern about Mr. Meisner's situation. She also stated that she had been notified by the Assistant Guardian for the Legal bureau in the District of Columbia, Kendrick "Rick" Moxon, that the defendant Wolfe's attorney had reported that the United States Attorney's Office "had made 'noises' about the Grand Jury." (Government Exhibit No. 156.) Government Exhibit No. 156 was seized by Special Agent Stovall from the defendant Heldt's desk. Mr. Meisner recognizes Ms. Rezzonico's signature at page three of that letter.

That same day, the defendant Heldt informed the defendant Mary Sue Hubbard that "Herb [Meisner] is threatening to return to DC and handle the scene as he sees fit if the waiver is not withdrawn this week." He told her that he was ordering the Information Bureau to "arrange to restrain Herb and prevent him from leaving, and to guard him so that he does not do so." (Government Exhibit No. 157.) [Handwriting expert James Miller concludes that the entire letter was written in the defendant Heldt's handwriting. The letter was seized by Special Agent Stovall from the defendant Heldt's desk at the Fifield Manor.]

The defendant Heldt then directed the defendant Weigand and Ms. Rezzonico that "Herb is to be restrained and guarded. He is not to be permitted to leave." He further directed that the Canadian cover be set up within ten days even if it required trips to Canada, and that the Legal Bureau should assume much closer supervision and control over the defendant Wolfe and direct him to conclude his case in the District of Columbia promptly. (See Government Exhibit No. 158.) [Government Exhibit No. 158 was seized by Special Agent Hillman from Room 15 in the Information Bureau at the Cedars Complex. It was inventoried and initialed by Special Agent Gonzales.]

Mr. James Miller, the handwriting expert, positively concluded that the letter was handwritten by the defendant Heldt. Or. April 29, Mr. Andrus met with Mr. Meisner at Mr. Meisner's South Serrano Street apartment and informed him that from that day on he would be placed under guard. (Government Exhibit No. 159 at p. 4 et seq.)

Mr. Meisner told Andrus that he would not accept the presence of guards. Mr. Meisner, also made it clear that if he were charged as a fugitive he would not enter a guilty plea. He complained that his whole situation had been mishandled by the Guardian's Office and had resulted in his becoming a fugitive. He demanded that the defendant Heldt explain to him what action was being taken regarding his case. At the end of that meeting Mr. Andrus placed the guards outside Mr. Meisner's apartment. (See 29 April letter to the defendant Weigand.)

That same day, the defendant Heldt reported to the defendant Mary Sue Hubbard that Mr. Meisner was now under guard and that Mr. Meisner had "reacted violently to the arrival of persons to insure he did not blow." He added that he had directed the Information Bureau to locate "a more isolated" apartment where Mr. Meisner could be kept under the watch of "some trustworthy . . . Body Guards". He also stated that he was sending the defendants Weigand and Willardson to see Mr. Meisner, and "get control" over him. (Government Exhibit No. 159.) According to handwriting expert James Miller that letter was written in its entirety by the defendant Heldt. [Government Exhibit No. 159 was seized by Special Agent Daniel P. LeVine from the defendant Heldt's desk at the Fifield Manor.]

Pursuant to the defendant Heldt's directive, the defendants Weigand and Willardson together with Southeast U.S. Secretary Brian Andrus and three guards, visited Mr. Meisner at approximately 2:15 a.m. on April 30. The defendant Weigand warned Mr. Meisner that he would no longer be permitted to make "demands and threats on the Church," and "that he was to start becoming a decent, cooperative, contributing part of the venture and nothing else was to be tolerated." With the guards' assistance, the defendant Willardson searched Mr. Meisner's apartment and personal property and removed any evidence connecting Mr. Meisner to the Church of Scientology. At approximately 6:30 a.m., the meeting concluded "with the guards in charge." [For a detailed report of that meeting, see Govern- ment Exhibit No. 160. That exhibit was seized by Special Agent Frederick S. Hillman from a file cabinet in the defendant Raymond's office. It was inventoried and initialed by Special Agent Martin A. Gonzalez.]

On May 3, 1977, the defendant Weigand forwarded this report to Deputy Guardian for Information World-Wide Mo Budlong. Copies were sent to "DG US", the defendant Heldt, and "CSG", the defendant Hubbard. On May 1, Mr. Andrus gave Mr. Meisner a handwritten dispatch from the defendant Mary Sue Hubbard which explained to Mr. Meisner that she was aware that he had been placed under guard, and that it was being done for his own good and the good of Scientology. She promised Mr. Meisner that if he followed orders, the guards would be eventually removed. 

See Government Exhibits Nos. 161 and 162 at pages four. The second document is a coded version of the first one. They were both seized by Special Agent Aldrich from the defendant Willardson's office. Mr. Meisner identifies the signature "Brian" on pages four and eight as having been written by Mr. Brian Andrus.

On May 1, at approximately 6 p.m., Brian Andrus, Peeter Alvet, Information Bureau official Chuck Reese and two bodyguards visited Mr. Meisner and told him that he was to be moved to another apartment. Mr. Meisner refused to leave, threatening to cause a commotion if forced to do so. The two guards handcuffed him behind his back, gagged him and dragged him out of the building. Outside, they forced him onto the back floor of a waiting car. In the car one of the guards held Mr. Meisner down with his feet. Mr. Meisner was taken to an apartment which he later learned was located at 3219 Descanso Drive, in Los Angeles, California. After Messrs. Andrus and Alvet left, three guards remained in the apartment with Mr. Meisner. [ This incident is detailed by the defendant Weigand in a 2 May 1977 letter, to Mr. Budlong (Government Exhibits Nos. 161 and 162.) The routing on that letter indicates that copies of it were sent to the defendants Mary Sue Hubbard and Henning Heldt, and to GWW Jane Kember.]

On Monday, May 2, the defendant Heldt approved the defendant Raymond's funds requests for Mr. Meisner's guards. (See Government Exhibit No. 163.)

[In that "CSW", the defendant Raymond requested $202.48 for Mr. Meisner's guards' expenses, including food, and a fine for one of the guard's car, which had been towed. Handwriting expert James Miller positively identifies the handwritten note at the top of page one next to the title "DG US" as having been written by the defendant Raymond. Mr. Miller further identifies the initial next to Mr. Heldt's title and next to the word "approved" on page two as probably having been written by the defendant Heldt. Mr. Meisner identifies that initial as having been written by the defendant Heldt. He also recognizes the signature at the bottom of page two and the handwriting on that page as that of the defendant Raymond. Mr. Miller also positively identifies the following handwriting on the envelope appended to the end of the exhibit: ."A Rush" - positively written by the defendant Raymond; "Good - disp rec'd. Love H." - positively written by the defendant Heldt; the initial next to the title "DG US" - probably made by the defendant Heldt. Government Exhibit No. 163 was seized by Special Agent Hillman from the defendant Raymond's office at the Cedars Complex. It was inventoried and initialed by Special Agent Gonzalez.

An additional request for funding for Mr. Meisner's guards was made by Acting Collections Officer Jim Douglass to the defendant Heldt on May 13, 1977. (Government Exhibit No. 166.) That request included money for food, gas, and a battery that was stolen from one of the guard's jeeps. Government Exhibit No. 166 was seized by Special Agent Hillman from Room 15 at the Cedars Complex. It was initialed by Special Agent Gonzales.

During the ensuing three weeks, Mr. Meisner, continued to be guarded and prevented from leaving his apartment. By May 5, Mr. Meisner determined that it was in his best interest to cooperate with his captors. He corresponded with the defendant Heldt in an attempt to resolve his predicament and to have the guards removed. [See Government Exhibit No. 164 at P. 3 et seq. That exhibit was seized by Special Agent Aldrich from the defendant Willardson's office at the Cedars Complex.] He also accepted auditing.

Meisner's account of the events of the first days in May is corroborated by the defendant Weigand in a letter to Mr. Budlong, by Mr. Andrus in a letter to the defendant Heldt, (see Government Exhibit No. 164), and by the defendant Weigand in a letter, dated May 8, 1977 to the defendant Heldt. (See Government Exhibit No. 165.) According to Mr. Miller, the handwritten letter signed "H" and addressed to "Herb", located at page six and seven of Government Exhibit No. 164, was written in its entirety by the defendant Heldt. Mr. Meisner concurs in that finding. Handwriting expert Miller, concludes that the defendant Heldt wrote the note to Brian Andrus on the 5 May 1977 letter appended to the Government Exhibit No. 165. Mr. Miller also finds that it is "probable" that the defendant Heldt wrote the initial next to the title "DG US" on that letter. Mr. Meisner identifies that initial as having been written by the defendant Heldt. Furthermore, he recognizes the signature at the end of that letter as having been written by Mr. Brian Andrus.

On May 13, 1977, the defendant Wolfe entered a plea of guilty to a one-count information charging him with the wrongful use of a Government seal, in violation of 18 U.S. Code, Section 1017, before United States District Judge Thomas A. Flannery in Washington, D.C. The defendant Wolfe's plea specifically involved the June 11, 1976 entrance into the United States Courthouse in that city and his use of the IRS identification card bearing the name "Thomas Blake". A few days thereafter, Mr. Meisner was informed of this new development by Mr. Andrus. By the third week of May, in part due to Mr. Meisner's cooperation, his watch was relaxed and his guards began to take him out of the apartment.

In a letter dated 13 May, the defendant Willardson instructed the defendant Raymond to take control of the guards. He complained that they could not involve any more Information Bureau personnel in this matter. See Government Exhibit No. 167.

Page four of that exhibit included a weekend guard schedule for "Herbert" (Mr. Meisner). It listed the following individuals as guards: Jim Douglass, Chuck Reese, Peeter Alvet, John Lake, George Pilat, and Gary Lawrence. Handwriting expert James Miller concludes as follows: "positive" that the first two pages were handwritten by the defendant Willardson; "positive" that the notation on the third page from "Cindy" to "Greg" was written by the defendant Raymond; and "positive" that the handwritten notation on the last page addressed "Dear Cindy" was written by the defendant Willardson. Government Exhibit No. 167 was seized by Special Agent Hillman from Room 15 at the Cedars Complex. It was inventoried and initialed by Special Agent Gonzales.

At that time, Brian Andrus showed Mr. Meisner a program written by DG I WW Mo Budlong which approved the final plan for handling the cover-up. Mr. Andrus told Mr. Meisner that Mr. Budlong had decided that Mr. Meisner could not surrender to the FBI in Washington, D.C. until the IRS had granted the Church of Scientology of California's request for tax exempt status.

J. Michael Meisner's First Escape from his Guards

By the end of May, Mr. Meisner was guarded by just one person. On May 29, while he was out with his guard, John Matoon, Mr. Meisner escaped by jumping into a taxicab. He went to the Greyhound Bus Station, and took a bus to Las Vegas. Mr. Meisner did not have much money, but having been there previously he knew a motel which he could afford. He escaped from his guard because he wanted time to think about his predicament and to determine an appropriate course of action. At that time, Mr. Meisner was still committed to Scientology, and did not want to leave the organization precipitously.

On May 30, Mr. Meisner telephoned the defendant Raymond in Los Angeles and requested to speak to either Mr. Brian Andrus or Mr. Jim Douglass. Since Mr. Andrus was unavailable, Mr. Douglass spoke to Mr. Meisner. Mr. Meisner refused to state where he was staying in Las Vegas until he first spoke to defendant Heldt. Therefore, a telephone call was scheduled for 8:30 that evening. The defendant Heldt pleaded with Meisner to return to Los Angeles and the Guardian's Office of the Church of Scientology.

The defendant Raymond immediately notified her new superior, Temporary Deputy Guardian for Information US (T/DG I US) Brian Andrus, of Mr. Meisner's telephone call to her and of the defendant Heldt's telephone discussion with Mr. Meisner that evening. She concluded that "[t]he only thing I can think of is that we work a _cover_story_ that he is trying to blackmail the Church for money by pretending that the Church harbored him for the last months making the Church a party to the crime." (Emphasis added.) (Government, Exhibit No. 168.)

That same day, the defendant Raymond sent Ms. Mary Rezzonico (DG L US) a letter requesting her to brief the thirteen people who had had contact with Mr. Meisner and who knew he had been harbored by Scientology. ( See Government Exhibit No. 169.) Both documents were seized by Special Agent Williams from a desk in Room 15 in the Information Bureau in the Cedars Complex. They were inventoried and initialed by Special Agent Mislock. Handwriting Expert James Miller positively identifies the handwriting on pages three and five of Government Exhibit No. 168 as having been written by the defendant Raymond.

While Mr. Meisner initially refused, he did agree to meet with Douglass the next day in Las Vegas. On May 31, Mr. Meisner met with Mr. Douglass at a prearranged crowded location. They discussed Mr. Meisner's concerns, and Mr. Douglass urged Mr. Meisner to return with him. Mr. Meisner refused. By the next morning the Guardian's Office had learned where he had been staying, and he was confronted by information Bureau official Chuck Reese, who insisted that Mr. Meisner return with him to Los Angeles. Mr. Reese represented to Mr. Meisner that the defendant Weigand had been removed from his position as Deputy Guardian for Information in the United States, and had been temporarily replaced by Brian Andrus, who had been Mr. Meisner's case officer. Mr. Meisner first spoke to the defendant Heldt who promised to meet with him that evening if he returned to Los Angeles. Mr. Meisner, still troubled and confused, agreed, nonetheless, to return to Los Angeles.

That same night, Mr. Meisner and the defendant Heldt met at Canter's Restaurant in Los Angeles. The defendant Heldt assured Mr. Meisner that he understood Mr. Meisner's feelings. He told him that both L. Ron Hubbard and the defendant Mary Sue Hubbard were working on his case and would do everything to help him. He explained that while Mr. Meisner would have to continue to be guarded, he should consider his guards his friends and not his enemies.

Mr. Meisner agreed to remain with the Guardian's Office. He was driven to his Descanso Drive apartment by the defendant Heldt and Mr. Reese. When he arrived, Mr. Meisner was met by Mr. Douglass who had been waiting to guard him. Mr. Meisner describes the then-existing situation as an "armed truce". In the meantime, Brian Andrus, on May 31, had ordered the defendant Raymond to find a "secured" place for Meisner to stay if and when he returned from Las Vegas. He suggested "a place where he could be locked in a room that has no or a very small window" and where he would have "no outside contact". (Government Exhibit No. 170.) Government Exhibit No. 170 was seized by Special Agent Williams from a desk in Room 15 at the Cedars Complex. It was inventoried and initialed by Special Agent Mislock. Mr. Meisner identifies the handwriting notation "changed by verbal order" as having been written by the defendant Raymond, and the signature "Brian" as having been written by Mr. Andrus.

On June 1, Mr. Meisner was moved by his guards to in apartment located at 327 South Verdugo in Glendale, California. During the entire month he continued to be guarded by at least one person.

K. The Defendant Wolfe's Sentencing and Subsequent Testimony Before the Grand Jury in the District of Columbia.

On June 10, the defendant Wolfe was sentenced by United States District Judge Thomas A. Flannery to a term of probation, and was required to perform one hundred hours of community service. Inasmuch as he resided in Minnesota, the case was transferred both for probation supervision and jurisdiction to that state. Immediately following his sentencing, the defendant Wolfe was served with a subpoena to appear that same afternoon before the United State Grand Jury for the District of Columbia which had been investigating the entries into the United States Courthouse there.

At approximately 1 p.m., the defendant Wolfe appeared before the October 1976 Grand Jury of the United States District Court for the District of Columbia. [United States District Court Clerk James F. Davey states that the records of that court reveal that the October 1976 Grand Jury had been sworn in on October 13, 1976, and was authorized to conduct investigations and hear evidence on behalf of the Court on June 10, 1977. Its term did not expire until April 1978.]

He was represented by attorney, David Schmidt, Esquire. The defendant Wolfe was sworn by Grand Jury Foreperson Mildred Chaplin. The record was transcribed by an official Grand Jury reporter, Ms. Judith Bracegirdle Warner, who states that Government Exhibit No. 215 is the complete testimony given by the defendant Wolfe on that day.

At the time of the defendant Wolfe's appearance, the Grand Jury was conducting an investigation to determine whether violations of statutes of the United States and the District of Columbia had been committed in the District of Columbia. The Grand Jury was attempting to identify the individuals who had committed, caused the commision of, and conspired to commit such violations. lt was material to its investigation for it to determine the reasons for the presence of the defendant Wolfe and one "John M. Foster" in the United States Courthouse in the District of Columbia on May 21, 28 and June 11, 1976. The Grand Jury was seeking the reasons for the defendant Wolfe's use on May 28 of an identification card bearing the last name "Haake", and his use on June 11, 1976, of counterfeit IRS credentials bearing the name of "Thomas J. Blake".

It was also material for the Grand Jury to determine whether, while in the United States Courthouse, the defendant Wolfe and the individual using the name "Foster" had entered the office of any Assistant United States Attorney for the District of Columbia, and, if so, whether they had unlawfully taken any documents or files located therein. Moreover, the Grand Jury wanted to learn whether the defendant Wolfe and "Mr. Foster" had photocopied any documents which were the property of the Office of United States Attorney for the District of Columbia, and the United States of America, on photocopying machines within that office. The Grand Jury sought to learn from the defendant Wolfe the true identity of the individual who had entered the Courthouse with him and used the name "John M. Foster". It also was inquiring into the manner in which the defendant Wolfe and "Mr. Foster" had obtained the counterfeit and forged IRS credentials which they had used to enter the Courthouse. Finally, the Grand Jury was attempting to determine whether any other individual in the District of Columbia or elsewhere had conspired with, aided and abetted, or caused the defendant Wolfe to obtain his counterfeit IRS credentials, or assisted him in entering the United States Courthouse for the District of Columbia. During his testimony under oath before the federal Grand Jury, the defendant Wolfe knowingly made the following false declarations regarding the above-mentioned material matters which the grand jury was investigating:

The complete transcript of Mr. Wolfe's Grand Jury testimony is submitted to the Court as evidence, and is incorporated as part of this record. See Government Exhibit No. 215.

The defendant Wolfe knew that the testimony he was giving to the Grand Jury of the United States District Court for the District of Columbia on June 11, 1977, was false in all material respects. He knew that the individual who had entered the Courthouse with him using the name "John M. Foster" was in fact Michael Meisner, who at the time of the entries was the Assistant Guardian for Information in the District of Columbia, He knew Mr. Meisner's address and telephone number in Arlington, Virginia, as well as Mr. Meisner's telephone number at the Church of Scientology offices at 2125 S Street, N.W., in Washington, D.C.

The defendant Wolfe had attained employment at the Internal Revenue Service knowing that he was a covert operative for the Guardian's Office of the Church of Scientology, and that his purpose for being at the IRS was to have access to Government documents in order to steal them for the Guardian's Office. He was aware that the counterfeit IRS credentials had been used by himself and Mr. Meisner to make illegal entries into various Government buildings for the purpose of burglarizing offices and stealing documents and photocopies thereof located therein. He and Mr. Meisner had entered the United States Courthouse on May 21, 28 and June 11, 1976, for the purpose of burglarizing the Office Of Assistant United States Attorney Nathan Dodell and stealing documents from that office. Indeed, they had accomplished that task on May 21 and 28, 1976. The defendant Wolfe also was fully aware that he and Mr. Meisner had not gone into the United States Courthouse to use the Library of the Bar Association of the District of Columbia to do legal research, and that Mr. Meisner was not to teach him to do any legal research.

He knew that they did not, at any time, photocopy law books or cases contained in law books which were taken from the library but had, in fact, photocopied, with United States Government equipment and supplies, United States Government documents taken from Mr. Dodell's office. The defendant Wolfe further knew that the burglaries of, and thefts of documents from, the office of Assistant United States Attorney Dodell were pursuant to Guardian Program Order 158. Mr. Meisner had fully briefed him on that Guardian's Program Order, as well as the orders which he had received from his superiors in Los Angeles, California, including the defendants Heldt, Weigand, Willardson, Snider, Raymond, Hermann, and Hubbard. The defendant Wolfe participated in the preperaton of the cover-up story in Los Angeles, California, on June 14, 1976, together with the defendants Willardson, Weigand and Mr. Meisner. He was repeatedly briefed by Guardian's Office officials both in the District of Columbia and in Los Angeles regarding the cover-up story and his contrived statements to the United States Attorney Office for the District of Columbia, Federal Bureau of Investigation, and the Grand Jury of the United States District Court for the District of Columbia.

Indeed, when the defendant Wolfe appeared before the Grand Jury on June 10, 1977, he was under specific orders from the Guardian's Office of the Church of Scientology, including, at one time or another, the defendants Hubbard, Heldt, Snider, Weigand, Willardson, Raymond and Hermann, to make false material declarations to that Grand Jury for the purpose of derailing the Grand Jury investigation and preventing that Grand Jury from discovering the actual facts about the involvement of the above-named defendants, the Guardian's Office of the Church of Scientology in the United States and at World-Wide, and Mr. Meisner. All of the defendant Wolfe's testimony before the Grand Jury of the United States District Court in the District of Columbia, on June, 10, 1977, including the statements quoted above and at counts 25 through 28 of the indictment, conformed in detail to the cover-up plan and story prepared by the defendant Wolfe, the above-named defendants and Mr. Meisner. All the false declarations made by the defendant Wolfe were material to the Investigation being conducted by the October 1976 Grand Jury of the United States District Court of the District of Columbia with the assistance of the Office of the United States Attorney for the District of Columbia.

L. The Defendant Wolfe is Debriefed by the Guardian's Office After his Grand Jury appearance.

Immediately following his Grand Jury appearance the defendant Wolfe went to the office of the Church of Scientology at 2125 S Street, N.W., in Washington, D.C. where he was debriefed by Guardian's Office officials. The next day on June 12, a transcript of that debrief was sent to the Guardian's Office in Los Angeles, California, and excerpted by legal Bureau official Paul Klopper in a memorandum to his superior, Deputy Guardian for the Legal Bureau Mary Rezzonico. That memorandum, entitled "Silver Hearing and Grand Jury" summarizes the sentencing proceedings before Judge Flannery and the testimony or the defendant Wolfe. (Government Exhibit No. 173.) Government Exhibit No. 173 was seized by Special Agent William R. Stovill from the defendant Heldt's desk at the Fifield manor.

According to the routing on the June 12 letter, copies of that letter and debrief were sent to the "CSG", defendant Mary Sue Hubbard, the "DG US", defendant Henning Heldt, the "DGI US" Brian Andrus and the Guardian World-Wide Jane Kember. Mr. Meisner identifies the handwriting of the defendant Raymond at page five, the margins at page ten, eleven, thirteen, twenty-one through twenty-four and at the bottom of page twenty-six.

Pursuant to the order of the defendant Heldt (Government Exhibit No. 171) [Government Exhibit No. 173 was seized by Special Agent Levine from the defendant Heldt's desk at the Fifield manor.] Ms. Rezzonico and Mr. Andrus gave Mr. Meisner the debrief contained in Government Exhibit No. 173 to read so that he could start adjusting his cover-up story to that given by the defendant Wolfe in the Grand Jury. Mr. Meisner read the defendant Wolfe's Grand Jury debrief at his apartment on South Verdugo. Appended to the Wolfe Grand Jury debrief were two newspaper clippings from the Washington Post and Washington Star, regarding Wolfe's sentencing.

In his directive to Ms. Rozzonico and Mr. Andrus, the defendant Heldt also ordered them to research any possible fugitive charge against Mr. Meisner and to increase security. [Handwriting Expert James Miller has positively identified the defendant Heldt as the writer of the entire letter marked Government Exhibit No. 171.]

On June 16, Mr. Andrus informed Ms. Rezzonico that "Herb [Meisner] was given the news. His reaction was mild pleasure. He uplifted his eyebrows and said something like 'not bad'. He learned the news by reading the hearing debrief." (Government Exhibit No. 172.) [Government Exhibit No. 172 was seized by Special Agent Williams from a desk in room 15 of the Information Bureau in the Cedars Complex. It was inventoried and initialed by Special Agent Mislock. Mr. Meisner identifies the signature at the end of that letter as that of Mr. Andrus.]

According to Mr. Andrus, Mr. Meisner complained that "he didn't feel that anyone was concerned or really looking out for his own welfare." Mr. Andrus assured him that he would keep him informed of all new developments and would see him again soon. On June l3, the defendant Heldt and Mr. Andrus visited Mr. Meisner in order to show him a handwritten letter from the defendant Mary Sue Hubbard. The defendant Heldt read to him that letter in which the defendant Hubbard warned Mr. Meisner that if he escaped from his guards again he would be on his own. On June 17, Mr. Andrus met once again with Mr. Meisner. He discussed with him the potential legal defenses prepared by the Legal Bureau, and left the meeting feeling that "Herb was again in better shape communication and duplication wise. In Government Exhibit No. 174, Mr. Andrus informed the Temporary Deputy Guardian for Information in the United States of the meeting, which he had with Mr. Meisner. [Government Exhibit No. 174 was seized by Special Agent Williams from a desk in Room 15 in the Information Bureau in the Cedars Complex. It was inventoried and initialed by Special Agent Mislock.]

M. Michael Meisner Surrenders to the Federal Bureau of Investigation

By mid-June, Mr. Meisner had decided that if the watch over him were ever relaxed, he would immediately leave the Guardian's Office, surrender to the Federal authorities, plead guilty, and cooperate in the ongoing investigation. Thus, he feigned cooperation with his captors and his superiors in the Guardian's Office in the hope that eventually his guards might be removed.

As a reward for this cooperation, Mr. Meisner's watch was relaxed. In fact, beginning on the evening of Friday, June 17, he was no longer guarded at night. His guards would leave his apartment at night and return at 9 a.m. the next morning. On Monday, June 20 at 6 a.m. Mr. Meisner, taking a few clothes with him, left his apartment on South Verdugo in Glendale, California, for the purpose of surrendering to Federal Authorities. In order to elude any potential follower, Mr. Meisner took two buses to a bowling alley, from which he placed a collect call to Assistant United States Attorney Garey Stark in Washington D.C. Mr. Meisner identified himself to the operator as "Gerald Wolfe" because he feared that the Guardian's Office of the Church of Scientology might have placed a covert operative in the United States Attorney's Office.

When Mr. Stark answered the telephone Mr. Meisner identified by his real name, informed Mr. Stark that he was ready to surrender, plead guilty for his participation in the criminal activities of the Guardian's Office, and cooperate with the United States. Mr. Stark directed him to stay at the bowling alley and wait for Federal Bureau of Investigation agents.

Approximately two hours later, three agents of the FBI met Mr. Meisner at the bowling alley. Mr. Meisner surrendered to the agents and was taken by them to Los Angeles airport, where he was placed on an airplane to the Baltimore-Washington International Airport Upon his arrival in Baltimore, he was met by FBI Special Agents Robert S. Tittle and James S. Kramarsic. He was kept that night in a motel and taken the next morning, June 21, to the office of Assistant United States Attorney Garey G. Stark. At the insistence of the Assistant United States Attorney assigned to the investigation, Mr. Meisner conferred with an attorney appointed to him by United States Magistrate Henry H. Kennedy, Jr.

After conferring with his court- appointed attorney, Mr. Meisner agreed to enter a plea of guilty to a five-year conspiracy felony pursuant to 18 U.S. Code, Section 371, without any other condition except that he would fully cooperate with the Grand Jury investigation. Mr. Meisner was, of course, warned that any false testimony he made would be prosecuted as perjury. Mr. Meisner requested and was granted protective custody by the United States Marshall Service. He has been in the Marshal Service's protective custody since June 2l, 1977.

From June 20 to June 22, the defendants and other officials of the Guardian's Office notified each other of Mr. Meisner's disappearance. On June 20, the defendant Willardson informed the defendant Heldt that "Herbert [Meisner] was found missing today." He stated that Brian Andrus had found in Mr. Meisner's apartment a note stating that Mr. Meisner would call in a week, that he was not going anywhere where he could be located, and that there was no purpose in discussing his motivations.

The defendant Willardson informed the defendant Heldt that Mr. Meisner had last been seen by his guard on Sunday, June 18 at 6:00 p.m. He speculated that Mr. Meisner was hiding somewhere in Los Angeles, probably doing legal research in a library regarding his possible legal defenses in the District of Columbia case. He added that a Guardian's Office official had been to Mr. Meisner's apartment to remove any documents connecting Mr. Meisner to Scientology, and to wipe-out all possible fingerprints. (Government Exhibit No. 175.) Government Exhibit No. 175 was seized by Special Agent Aldrich from the defendant Willardson's office in the Cedars Complex. Handwriting Expert James Miller concludes that it is "probable" that the signature "Greg" is in the handwriting of the defendant Willardson. Mr. Meisner identi- fied that signature as being in the handwriting of the defendant Willardson.

A copy of that letter was sent to the defendant Mary Sue Hubbard ("CSG"), the defendant Raymond ("BI DC Scene Co-Ord (Natl Sec)") and Mary Rezzonico (as "BI DC Scene Co-Ord (DG L)") That same day Ms Rezzonico notified the defendant Mary Sue Hubbard that Mr. Meisner had escaped. Ms. Rezzonico speculated that Mr. Meisner had become concerned about additional fugitive from justice charges. She stated that the defendant Willardson had agreed to have all those individuals in Washington, D.C. who might be affected by Mr. Meisner's appearance briefed on what to do if he should return there. She also stated that the defendant Heldt ("DG US") had ''suggested the possibility of creating some confusion with some phone calls and a false arrest set-up -- leading the government to believe that Patsy [Mr. Meisner's wife] would be meeting her ex-husband at some clandestined [sic] meeting -- then have her and Greg Taylor [another Guardian's Office Official who resembled] Mr. Meisner meet." Thus, the FBI would, presumably, arrest the wrong person. (Government Exhibits Nos. 176 and 177)

Government Exhibits Nos. 176 an 177 are identical. However, they were seized by the FBI from two different locations. Government Exhibit No. 176 was seized by Special Agent Levine from the defendant Heldt's desk at the Fifield Manor; Government Exhibit No. 177 was seized by Special Agent Williams from the desk in Room 15 in the Information Bureau it the Cedars Complex. The later document was inven- toried and initialed by Special Agent Mislock.

In a letter also dated 20 June, the defendant Willardson ordered the defendant Raymond and Mr. Brian Andrus to "[c]ontinue to fully work out Herb's [Meisner's] cover story per the program eventualities so that we are prepared". (Government Exhibit No. 178). [ Government Exhibit No. 177 was seized by Special Agent Aldrich from a file cabinet in the defendant Willardson's office at the Cedars Complex] He also directed that Mr. Meisner's wife be ordered not to follow her husband's instructions should he contact her.

Brian Andrus, in a letter dated 22 June, 1977, informed the defendant Willardson that he had contacted Mr Meisner's wife on June 21 and briefed her about her husband's unauthorized departure from his apartment. She was ordered to notify Andrus immediately upon being contacted by Mr. Meisner. She was directed "not to take any instructions from him, but to simply ack[nowledge] him and contact me." See Government Exhibit No. 132 seized by Special Agent Williams from a desk in Room 15 of the Information Bureau at the Cedars Complex. It was inventoried and initialed by Special Agent Mislock.

Furthermore, Guardian's Office personnel were to continue checking all libraries in Los Angeles on the assumption that Mr. Meisner was doing research. The defendant Willardson ordered the removal of all incriminating documents from the Guardians Office and their placement in the "Red Box". (Government Exhibit No. 219.)

[Government Exhibit No. 219 is the directive regarding "Red Box". It orders that "[a]ll the Red Box material from you areas must be centrally located, together in a movable container (ideally a briefcase), locked, and marked." Appended to that document is the "Red Box Data Information Sheet" which defines "what is a Red Box?" Under that definition, "Red Box" includes:

a) Proof that a Scnist is involved in criminal activities. b) Anything illegal that implicates MSH, LRH. c) Large amount of non-FOI docs. d) Operations against any government group or persons. e) All operations that contain illegal activities. f) Evidence of incriminating activities. g) Names and details of confidential financial accts.

In a letter dated June 21, 1977, the defendant Mary Sue Hubbard explained to Ms. Mary Rezzonico that she believed Mr. Meisner's escape had resulted from a refusal on his part to recognize the need to plead guilty on the fugitive from justice charge. She felt that that charge, with its five years and/or $5,000 fine was too heavy for Mr. Meisner to bear. She speculated that Mr. Meisner had probably gone somewhere where he could do legal research to prepare his case. However, she concluded that she did not think that he would remain in the Los Angeles area but that he was more likely to go to San Francisco, or possibly Berkeley. (Government Exhibit No. 179 at P. 2.) [Government Exhibit No. 179 was seized by Special Agent Aldrich from a file cabinet in the defendant Willardson's office in the Cedars Complex. Handwriting expert James Miller positively concludes that the signature on that letter was written by the defendant Hubbard.]

Following her receipt of the defendant Hubbard's letter, Ms. Rezzonico notified "DG I US", the defendant Willardson, and "B-1 CO-ORD US", the defendant Raymond as well as "NAT'L CASE OFF (SEUS SEC)" Brian Andrus of the defendant Hubbard's directive. [Handwriting expert James concludes positively that the notation on the lower part of that letter "Mary, Could you please clarify this? GW" was written by the defendant Willardson. Mr. Meisner identifies the four-lines of text signed "M" as having been written by Ms. Rezzonico.]

That same day, the defendant Willardson notified Ms. Rezzonico in her capacity as "DC Scene Co- Ord[inator]" that the CSG, defendant Mary Sue Hubbard, had ordered that the Information Bureau "not waste resources" looking for Mr. Meisner, since he might be anywhere.

The defendant Willardson also notified Mr. Mo Budlong by telex that Mr. Meisner had "_blown_ again" and that "no real avenues [were] open to locate [him]." He told him that Mr. Meisner's apartment was "_cleaned_out_ and _wiped_down_", and that "all _his_GO_ associates [were] to be briefed". He states that a "[P]lan [was] in the works to remove sensitve GO data shud [sic] It become necessary in future". (Government Exhibit No. No. 180).

Handwriting expert James Miller concludes that he is "positive" that the telex was written by the defendant Willardson. He also identifies the initials and letters "OK'd" next to the title "DG US" on the envelope appended to the telex as probably in the handwriting of the defendant Heldt. Mr. Meisner identifies the initials and letters as having been written by the defendant Heldt. Government Exhibit No. 180 was seized by Special Agent Aldrich from a file cabinet in the defendant Willardson's office in the Cedars Complex.

In a 22 June 1977 letter, the defendant Raymond updated the information which the defendant Willardson had telexed to Mr. Budlong. She informed him that "[w]e are working on a plan to create another false arrest scene type of action along ops [operations] lines", to sidetrack the ongoing Grand Jury investigation in the District of Columbia. (Government Exhibit No. 181.) [Government Exhibit No. 181 was seized by Special Agent Williams from a desk in Room 15 of the Information Bureau in the Cedars Complex. It was inventoried and initiated by Special Agent Mislock.]

On June 21, the defendant Mary Sue Hubbard instructed the defendant Willardson not to "waste time or resources" searching for Mr. Meisner in the Los Angeles area. She stated that she believed that he was more likely to be in a city or community such as San Francisco or Berkeley where there were good libraries available. She further informed the defendant Willardson that she had already instructed Ms. Rezzonico to prepare a program to handle the present situation. The next day, the defendant Willardson agreed with the defendant Hubbard that Mr. Meisner was "probably on the west coast somewhere" and that there were "too many possibilities to make a check worthwhile." He pointed out that the Information Bureau's checks of the local libraries in Los Angeles had been negative. (Government Exhibit No. 183.)

Handwriting expert James Miller concludes that he is "positive" that the signature "Mary Sue" on the June 21 letter was written by the defendant Hubbard. He also stated that it is "probable" that the signature "Greg" on the June 22 letter was written by the defendant Willardson. Mr Meisner identifies both signatures as those of the defendants Hubbard and Willardson respectively. Government Exhibit No. 183 was seized by Special Agent Aldrich from a file cabinet in the defendant Willardson's office at the Cedars Complex.

All the defendants and officials of the Guardian's Office firmly believed that Mr. Meisner was still a devoted member of the Guardian's Office and had not surrendered to the federal authorities. On June 29 the defendant Willardson informed Ms. Rezzonico that he had met with the defendants Raymond and Mr. Andrus to "iron out some bugs on Herb's [Meisner's] story". He indicated that he had directed Mr. Andrus and the defendant Raymond to continue to work over the next few days on the "basic story". He expressed concern that Mr. Meisner had not called the Guardian's Office since his escape on June 20, and that the situation "could potentially leave us open to crossing up stories or facts to both Herb's and our defendant." He concluded, however, that he was convinced that Mr. Meisner had not surrendered to the authorities and was still with the Guardian's Office. (Government Exhibit No. 184) Government Exhibit No. 184 was seized by Special Agent Aldrich from a file cabinet in defendant Willardson's office at the Cedars Complex

On that same day the defendant Willardson notified the defendant Heldt that he had "just got word from Herb." The defendant Willardson had just been informed that Mr. Andrus had received a letter from Mr. Meisner postmarked San Francisco. The letter which had been sent by Mr. Meisner after his surrender to the federal authorities and after the United States Attorney's Office for the District of Columbia had decided to obtain a search warrant for Guardian's Office premises, stated:

(Government Exhibit No. 185 at p. 4.) Government Exhibit No. 185 was seized by Special Agent LeVine in the defendant Heldt's desk at the Fifield Manor. Mr. Meisner identifies the signature on that letter as having been written by the defendant Willardson.

The defendant Willardson concluded that "as CSG [the defendant Hubbard] predicted" Mr. Meisner had been doing legal research in the San Francisco area. He suggested that the Guardian's Office send a "missionaire" to "scout the legal libraries and perhaps law schools to locate him [Meisner]." A copy of this letter was sent to the "CSG", the defendant Mary Sue Hubbard, National Secretary, the defendant Raymond, and Southeast Secretary, Brian Andrus. The defendant Hubbard, in a handwritten letter dated July 3, told the defendant Heldt:

(Government Exhibit No. 185 at p. 3.)

Handwriting expert James Miller states that he is "positive" that the bulk of the letter was written by the defendant Hubbard.

The defendant Heldt immediately notified the defendant Willardson of the defendant Hubbard's directive not to look for Mr. Meisner. He instructed him to "produce a plan or plans in report form early this week" to carry out the defendant Hubbard's directive. (Government Exhibit No. 185 p. 2.) \

Handwriting expert James Miller is "positive" that the entire letter was written by the defendant Heldt. Additionally, Mr. Miller finds that the envelope on page one of the series of letters was handwritten by the defendant Hubbard ("To: DG US, Frm: CSG").