decrescenzo v scientology allan cartwright declaration - motion to compel opposition (feb 2013)

7/30/2019 DeCrescenzo v Scientology Allan Cartwright Declaration - Motion to Compel Opposition (Feb 2013)

http://slidepdf.com/reader/full/decrescenzo-v-scientology-allan-cartwright-declaration-motion-to-compel-opposition 1/13

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KENDALL BRILL & KLIEGER LLP

Bert H . Deixler (70614)[email protected] . com

Nicholas F. Daum (236155)

ndaum@kbhfirm . com

10100 Santa Mon ica Blvd., Suite 1725Los Angeles, California 90067Telephone: 310.556 .2700Facsim ile: 310.556.2705

RABINOWITZ, BOUDIN , STANDARD ,KRINSKY & LIEBERMAN , LLP

Eric M . Lieberman (pro hac vice) FILED45 Broadway, Suite 1700 Supeior Court of Cal iforniaNew York, NY 10006 County of Los AngelesTeleph one : 212.254.1111

INTERNATIONAL

JEFFER, MANGELS, BUTLER & MITCHELL , LLP

Robert E. Mangels (48291)Matthew D . Hinks (200750)1900 Avenue of the Stars, Seventh Floor

Los Angeles, California 90067Telephone : 310.203 .8080Facsim ile : 310 .203.0567

Attorneys for Defendant RELIGIOUS TECHNOLOGY CENTER

Facsimile: 212.674 ,4614 FEB 2 1 2013

Attorneys for Defend antCHURCH OF SCIENTOLOGY

SUPERIOR COURT OF THE STATE OF CAL IFORNIA

COUNTY OF LOS ANGELES, CENTRAL DISTRICT

LAURA ANN DeCRESCENZO ,

Plaintiff ,

Case No . BC411018

Assigned for All Purposes to the Hon. RonaldSoh igian , Dept. 41

v.

INTERNATIONAL , a corporate entity ,REL IGIOUS TECHNOLOGY CENTER ,

previously sued herein as Doe No. 1, a

California Corporation , and DOES 2-20,

CHURCH OF SCIENTOLOGY

DECLARATION OF ALLAN

CARTWRIGHT IN OPPOSITION TO

PLA INTIFF 'S MOTION TO COMPEL OR

FOR TERM INAT ING SANCTIONS

Defendants.

Judge : Hon. Ronald SohigianDept.: 41Date: March 6, 2013

Time : 1:30 p.m.

Filed concurrently with Opposition toPlaintiff 's Motion to Compel; Declaration ofNicho las F . Daum ; Declaration of WarrenMcShane; Evidentiary O bjections

128452,1

DECLARAT ION OF ALLAN CARTWRIGHT IN OPPOSIT ION TO PLA INTIFF,S MOTION TO COMPEL OR

FOR TERM INAT ING SANCTIONS



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DECLARATION OF ALLAN CARTWRIGHT

I, Allan Cartwright, declare as follows:

1.

I have personal knowledge of the facts set forth in this declaration, and if called

upon as a witness, I could and would competently testify thereto.. .

2. I have been a member of the clergy of several churches of Scientology since 1974.

My main po st responsibility before 1982 was the training of Church m inisters and overseeing staff

and parishioners'

study of the Scientology Scripture.

3 . In 1982 I became a full time member of the clergy when I joined Scientology's

religious order called the Sea Organization. Since then I have worked in several dif ferent

positions regarding legal matters for churches of Scientology. In 2006,1 assumed the position of

Legal Director for CSI .

4. In her declaration dated February 7, 2013, Ms. DeCrescenzo claims that she was

told (by whom is not identified) and understood that "anyone who was senior to [her]" within CSI

would be perm itted to review the contents of her auditing folder regardless of whether or not they

were an auditor. This assertion is not true and is con trary to Ms . DeCrescenzo'

s prior testimony.

In her deposition, Ms. DeCrescenzo testified that she reported a particularly sensitive personal

incident to "the auditor that was auditing me, Chris Swanson;" (Mr . Kris Swanson is identified in

CSI' s privilege log as "KS" reflecting the correct spelling of his first name.)

Q . And then after you reported this to Chris Swanson what happened next?

A. Nothing . .. . It was like an auditing session so it was considered confidential

priest/penitent privileged information."

A true and co rrect copy of this excerpt from her deposition is attached hereto as Exhibit A .

I attended Ms . DeCrescenzo,s deposition and can personally attest that this transcript, which Ms.

DeCrescenzo has also signed and authenticated, is accurate .

5. In add ition, I can state from my own personal experience - having been an

executive in Scientology chu rches for over 30 years, and having supervised dozens of staff as my

juniors, that I have never looked in the auditing fi les of any of them. In fact, it has never ever

128452.1_ 1_ECLARATION OF ALLAN CARTWRIGHT IN OPPOSITION TO PLA INT IFF>S MOT ION TO COM PEL OR

FOR TERMINAT ING SANCT ION S



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even occurred to me to do so, as this is simply not something that any Scientologist - executive or

not - would do .

6. The documents that CSI has withheld from production on the basis of the clergy-

penitent privilege are documents contained in the . "

auditing" folder of Ms. DeCrescenzo . The bulk

of these documents are made up of records or notations from aud iting sessions. When a document

from the auditing folder is referred to as "confidential communication in spiritual counseling

session between LD and her clergyman ...,"

the document is precisely a record or notation of an

auditing session , and nothing else . These records or notes of auditing sessions are prepared, under

Scientology doctrine, on standardized forms, and the preparation of such notes by the aud itor is

itself a critical part of the auditing process, as cod ified under Scientology Scripture .

7. In add ition to documents withheld that are simply records or notations of

communications between Ms . DeCrescenzo and an auditor, CSI has also withheld documents that

reflect communications between a Case Supervisor and auditor concerning Ms. DeCrescenzo'

s

communication in session and upcoming auditing sess ions for Ms. DeCrescenzo . These records

are required under Church doctrine to be maintained as strictly confidential within a parishioner'

s

auditing file . Such documents specifically describe or refer to communications made in previous

aud iting sessions by Ms. DeCrescenzo , and, as such , they also reflect confidential auditing

commun ications made by Ms . DeCrescenzo in the auditing process. These communications

between the auditor and the C/S regarding Ms . DeCrescenzo,s auditing were clearly described in

CSI's privilege log.

8. Each penitential communication described in the privilege log was disclosed

exclusively to a single Scientology clergy person , who , under the discipline and practice of

Scientology, was authorized to hear such communications, and had an ob ligation under

Scientology tenets to keep them confidential . The aud iting file includes records of confidential

communications Ms. DeCrescenzo made to Scientology clergy persons with formal titles of

Examiner and Director of Processing concerning her spiritual progress, which also remain secret

and are kept exclusively in the auditing file . As explained in the Declaration of Warren McShane,

128452.1 2

DECLARAT ION OF ALLAN CARTWRIGHT IN OPPOSITION TO PLAINT IFF,S MOTION TO COMPEL OR

FOR TERM INAT ING SANCT ION S



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an Examiner is a trained aud itor who, as required by Scientology Scripture, mee ts with the

parishioner in a private room immediately follow ing every auditing session. The parishioner has

the opportunity to communicate to the Exam iner, in confidence, about his auditing session or

anything else he wishes to originate. The Examiner writes down the parishioner'

s . .. . . ..

communications, and this document then goes into the auditing folder . The Director of Processing

is also a trained auditor who , under the direction of the Case Supervisor, meets with the

parishioner for confidential communications regarding the paishioner>

s spiritual condition or

progress. Interviews with the Director of Processing are always conducted in a confidential

setting , and the notes of the parishioner'

s communication are always placed into the aud iting

folder, and nowhere else as described in Scientology Scripture .

9. Laura DeCrescenzo was a member of the Sea Org from 1991 through 2004, and the

vast m ajority of the aud iting which she received was during tho se years when she was in the Sea

Org as a staff member of CSI . There were approximately 500 members of the Sea Org working

along with Ms. DeCrescenzo at our Los Angeles facility. A high percentage of these dedicated

staff are clergymen, and , based upon our review of the auditing file, at different times different

clergym en acted as auditors or Case Supervisors for Ms. DeCrescenzo . As relected in the

privilege log, there are 42 files of her auditing, which took place over a thirteen-year period in

both Los Angeles and Albuquerque, with Ms. DeCrescenzo sometimes receiving auditing on a

daily basis. It is therefore not unusual that she had a large number of auditors and Case

Supervisors during this time period .

10 . In almost all cases, Ms. DeCrescenzo's auditors and Case Supervisors have been

identified by name in the privilege log , and , as noted above, in all such cases the relevant auditors

or Case Supervisors were trained clergymen within Scientology doctrine . However, as all records

written by an auditor during or just after an auditing session are handwritten , it sometimes occurs

that the auditor does not clearly print his name (or om its to record it at all) . In compiling CSI,s

privilege log , when we encountered this situation , it was no ted on the log that the auditor'

s name

was illegible . However, since the format for auditing reports is uniform throughout the

1284S2.1_ 3_ _DECLARAT ION OF ALLAN CARTWRIGHT IN OPPOSIT ION TO PLAINT IFF'S MOT ION TO COMPEL OR

FOR TERM INATING SANCTIONS



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Scientology world (as required by our Scripture), it is clear to any trained Scientologist what the

record of an auditing session looks like. Therefore, in putting together the privilege log, we were

able to determ ine which documents were auditing records, even if we were unable to identify the

aud itor . . .. , . .11 . Based on the Court,s most recent ruling on the plaintiffs motion to compel, CSI

has not withheld from production every document found within the Plaintiffs aud iting file.

Rather, when a document was found within the plaintiffs aud iting i le that was not a record of a

confidential commun ication between plaintiff and a clergyman or a confidential communication

between the auditor and Case Supervisor that would disclose communications made in the course

of plaintiff s auditing that document was produced .

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct, and that I executed this docum ent on February 21 , 2013 at Los

Angeles, California .

Allan Cartwright

128452. 1

DECLARAT ION OF ALLAN CARTWRIGHT IN OPPOSIT ION TO PLA INTIFF'S MOTION TO COMPEL OR

FOR TERMINAT ING SANCTIONS



Page 1

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

MARC HEADLEY , )\

Plaintiff, )\

vs . ) CASE No. CVO9

) -3986DSF(MANx)

CHURCH OF SCIENTOLOGY )

\

INTERNATIONAL , a corporate )\i

entity, and DOES 1-20 , )\)

Defendants. )

)

VIDEOTAPED DEPOSITION OF LAURA ANN DIECKMAN

Los Angeles , California

Monday, February 1 , 2010

0

Reported by: Wendy S . SchreiberCSR No . 3558

NDS Job No.: 135318

HNetwork Deposition Services , Inc. . networkdepo .com . 8 66-NET-DEPO

i_

,j Exhibit A

9d3e434e-b102-4478 -ae28-d 1 e9440



Page 16 9

1 were now going to begin to route out .

2 A . I was going to go through whatever because I

3 didn 't want to lose my parents and so I figured , you

4 know, I'll go through the sec checking or whatever

02 38 53 5 it is that I need to do so I can leave . I knew at6 that point , you know, that meant that I was going to

7 lose my spouse because he wasn 't about to come with

8 me at that time . And generally that meant that I

9 was going go have to do mest work which means , you02 39 13 10 know , like I said working on the roof of the HI . We

11 were doing something with the tiling , doing things

12 like sanding and sheet rocking and crap like that.

13 Q . Manual labor still?

14 A . Yes .

02 39 28 15 Q . Okay.

16 A . And then I got back and I was gotten in for

17 the auditing and whatnot and at that point I started

18 to feel suicidal . I actually still to this day have

39 58 20 which is like completely pointless , but I was

21 literally so -- I don't have words to express how I

Ti 22 felt at that point in time .

W23 Q . So you had returned to Hollywood to route

w 24 out and at some point after you returned , if I,m02 40 16 25 understanding , you were in a room -- your own room?

HNetwork Deposition Services , Inc. . networkdepo .com . 866-NET-DEPOf Exhibit A

9d 3e434e-b102-4478 -ae28-d1e94409



Page 170

1 A . Yes .

2 Q . And you had one of your earrings?

3 A . Yes .

4 Q . And , what , you take the sharp end of the ear

02 40 23 5 piece and begin rubbing it against your wrist?

6 A . Yes .

7 Q . And did you cause yourself to begin

8 bleeding ?

9 A . Well, I have a scar on my arm .

02 40 32 10 Q . Were you trying to kill yourself?

11 A . I don,t know what I was trying to do . I was

12 so blah at that time I don't know . You know , I told13 them at the time that when it happened that I did it

14 and - -02 40 45 15 Q . To whom did you report that?16 A. The auditor that was auditing me , Chris7 Swanson.8 Q . And Chris Swanson was the auditor auditing

40 54 20 the beginning of the routing-out process?

21 A . No , this was the beginning of the handling

22 process .

23 Q .

"Handling " meaning --

24 A . They wanted me to stay .

-...02 40 59 25 Q . They wanted to encourage you to remain?

KNetwork Deposition Services , Inc. . networkdepo .com . 866-NET-DEPO

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9d3e434e -b102-4478 -ae28-d 1 e9440



Page 171

1 A . Yes .

2 Q . I see .

3 A . They wanted me to go to the RPF .

4 Q . I understand . If you go to the RPF , you can02 41 08 5 be rehabilitated and remain in the Sea Org?

6 MR . VAN SICKLE : Object to the form of the

7 question .

8 THE WITNESS : No , they could keep me there

9 so I could get back and work for them more .

02 41 12 10 BY MR. BRODY :

11 Q . Well, when you had been -- you said you were

12 familiar with the routing-out process. Was part of

13 it to encourage people to remain in Sea Org?

14 A . Yes .

02 41 22 15 Q . So you told the people that you had done

16 whatever you did with the earring , and as I

17 understand it you rubbed it or dragged it acros s

18 your wrist hard enough to cause yourself to , I don ,t19 know , have a scratch because you say you"re scarred

02 41 39 20 now ?

21 A . Yeah . It's not -- not of any significance .

'

?'s 22 It's nothing that caused me any harm other than a --

23 other than a mark .

'ÿ.J

24 Q . And then after you reported this to Chris

.,02 41 50 25 Swanson what happened next?

U-

'"

M -Network Deposition Services , Inc. . networkdepo.com . 866-NET-DEPO

s ,,.j Exhibit A

9d3e434e-b102 -4478 -ae28-d 1 e9440



Page 1721

1 A . Nothing . I didn 't report it. It was like

2 an auditing session so it was considered

3 confidential priest/penitent privileged information .

4 Q . Well, did you continue the routing-out

02 42 09 5 process after this incident with the earring?

6 A . I was never put on a routing form - or put on

7 any kind of thing to route out. They were handling

8 me to go to the RPF .

9 Q . So what happened next?

02 42 22 10 A . Then -- then , you know , I was doing -- one

11 day I was doing mest work in the HI . I was sanding

12 or painting or something in a room and Katie

13 Johnston came up to me and said , "Come with me."

Took me outside the HI downstairs by the dumpsters

02 42 50 15 and gave me a toothbrush and said , "You need to

16 scrub the dumpsters with a toothbrush."

17 And I told her to fuck off , I wasn't going

18 to do it. And I walked away and I said -- and she

19 tried to physically restrain me to bring me back and

02 43 03 20 I said , "Get your hands off me or I,m going to

21 become violate . I 'm not going -- you 're not going

- 122 to sit there and hold me back and bring me -- drag

23 me back into the HI." So I took a walk around the

\ '

ÿ

24 block. Walked around and went back up to my room .

%,02

i

: 43 17 25 Q . Let me see if I understand this incident

i. - }ÿ

H-Network Deposition Services , Inc. . networkdepo.com . 866-NET-DEPO

f, ; Exhib it A

9d3e434e-b102 -4478-ae28-d 1 e9440



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STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

) ss:

I , WENDY S . SCHREIBER, do hereby certify :

That I am a duly qualified Certified Shorthand

Reporter , in and for the State of California , holder of

certificate number 3558 , which is in full force and

effect and that I am authorized to administer oaths andaffirmations;

That the foregoing depositipn testimony of the

herein named witness was taken before me at the time and

place herein set forth ;

That prior to being examined , the witness named

in the foregoing deposition , was duly sworn or affirmed

by me , to testify the truth , the whole truth , and

nothing but the truth ;

That the testimony of the witness and all

objections made at the time of the examination were .

recorded stenographically by me , and were thereafter

transcribed under my direction and supervision ;

That the foregoing pages contain a full, true

and accurate record of the proceedings and testimony to

the best of my skill and ability ;

That prior to the completion of the foregoing

deposition , review of the transcript was requested .

Network Deposition Services , Inc . . networkdepo .com . 8 66-NET-DEPO

Exhibit A

9d3»434e-b102 -4475-aa28-d 1 a944090d



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I further certify that I am not a relative or

employee or attorney or counse l of any of the parties ,

nor am I a relative or employee of such attorney or

counsel, nor am I financially interested in the outcome

of this action.

IN WITNESS WHEREOF , I have subscribed my name

this 8th day 0f February 2010.

WENDY S . SCHREIBER , CSR No. 3558

Network Deposition Services, Inc. . networkdepo.com . 866-NET-DEPO

Exhib it A

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decrescenzo v scientology allan cartwright declaration - motion to compel opposition (feb 2013)

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