Vous êtes sur la page 1sur 46

GRAHAM E. BERRY, Bar No.

128503
1 Attorney at Law \
3384 McLaughlin Avenue
2 Los Angeles, California 90066-2005
Telephone: (310) 745-3771
3 Facsimile: (310) 745-3771
Email: grahamberry@ca.rLcom
4
Defendant and Cross-Complainant pro se
5

8 SUPERIOR COURT. OF THE STATE OF CALIFORNIA

9 COUNTY OF LOS ANGELES

10 CENTRAL DISTRICT

11
KENDRICK MOXON )
12 ) Case No. BC429217
Plaintiff, )
13 v. )
)
14 GRAHAM BERRY, ) DEFENDANT AND CROSS-
) COMPLAINANT'S APPENDIX NO. II
15 Defendants. ) OF EXIllBITS AND REQUEST FOR
JUDICIAL NOTICE FILED AS PART OF
16 11----------------------------) ) THE UNVERIFIED ANSWER AND
GRAHAM E. BERRY, an individual; ) VERIFIED COMPULSARY CROSS-
17 ) COMPLAINT HEREIN.
Cross-Complainant, )
18 v. ) Action filed: January 5, 2010
)
19 KENDRICK L. MOXON, an individual; )
) [Filed concurrently with: (1) Judicial Council
20 Cross-Defendant. ) of California Form MC-701 (C.C.P. 391.7;
(2) Appendix No. I of Exhibits [Exhibit A];-:
21 11----------------------------) ) (4) Appendix No. IIIof Exhibits [Exhibits
E-J] ; Unverified answer and verified cross-
22 complaint]

23

24

25

26

27

28

1
1 COMES NOW the defendant and cross-complainant GRAHAM BERRY and attaches hereto the

2 exhibits expressly incorporated into and made a part of his concurrently filed answer and cross-

3 complaint herein.

4 1. This Appendix No. II of Exhibits has been expressly incorporated as part ofthe concurrently
5
filed unverified answer and verified cross-complaint herein.
6
7 2. This Appendix No. II of Exhibits is also filed in connection with defendant and cross-

8 complainant's Judicial Council of California Form MC-701 (C.C.P. 391.7) filed concurrently

9 herewith. Pursuant to the cross-complaint filed herein, defendant and cross-complainant alleges
10
that the C.C.P. 391.7 order obtained in the underlying matters through, inter alia, plaintiff and
11
cross-defendant herein was a product of the frauds upon the courts, unjust judgments and orders,
12
13 irregular proceedings, a disqualified judge and other wrongful conduct and representations alleged

14 in the answer and cross-complaint herein, and is clearly erroneous as appears on the face of the

15 judgment roll and record, and it therefore should be vacated and set aside as requested herein.

16
3. Pursuant to: California Evidence Code sections 450, 452 (c), 452 (d) (1), 453, 454, 455,459,
17
18 1530; Code of Civil Procedure sections 430.30 and 430.70; and the Court's own inherent

19 discretion, defendant and cross-complainant Graham E. Berry hereby requests that the court take

20 Judicial Notice of the document (s) listed hereunder for the limited purpose of the matters set forth

21 in this cross-complaint and cross-complainant's concurrently filed Judicial Council Form MC-701.
22
23 4. Attached hereto and made a part hereof are true and correct copies of the following documents

24 and marked as follows:

25
B. Declaration of Robert Cipriano executed May 5, 1994, which Cipriano admits in his
26
27 August 9, 1999 declaration [Exhibit C] to be false and procured through extortion by

28 cross-defendant's agent and private investigator Eugene Ingram.


2

APPENDIX OF EXHIBITS RE ANSWER & CROSS-COMPLAINT


C. Declaration of Robert Cipriano executed August 9, 1999 with 50 exhibits attached
1

2 thereto. Many of these exhibits are in cross-defendant Moxon's own handwriting.

3
D. Declaration of Robert Cipriano executed June 14, 1999.
4

6
7 DATED: February 11,2010

8 GRAHAM E. BERRY

9 Defendant and Cross-complain

10

11

12

13

14

15

16

17

18

19

20

21

22
23

24

25

26
27

28
3

APPENDIX OF EXHIBITS RE ANSWER & CROSS-COMPLAINT


EXHIBITB
\
-tt
~"

OECLARATION OF ROBERT J. CIPRIANO


.r

I, ROBERT J. CIPRIANO, ~o hereby ~e~lare al folloVis

1. I am a resi~ent of New York Clty, New York. I own


Tr.nsa~t Resources International at 230 Park Av~nue~ Suite 1000,
New York City, New York, 101". 1 am 32 year. of age an~ am
married.

2. Between 1980 an~ 1985 I va. a partner with Nev York


attorney Jerome L. Spiegelman In a company call.~ Cipriano
Enterprise.. From 198. the company va. locat.~ at 303-305 Ea.t
o


Slrd Street, New York City, Nev York. Cipriano Enterprises va.
an entertainment-talent agency-management company. Hr.
Spiegelman's primary occupation was practicing lav. Hy primary
occupation was running Cipriano Ent.rpri.... I have never been
an attorney.

3. Beginning in Hay 1984, Hr. Spiegelman forme4 a law


partnership with another attorney named Oraham E. aerry. Hr.
Berry il from New Zealan~. Mr. Spiegelman an~ Hr. Berry
operate~ their" lav practice at 303-305 East S3r~ Street, New
York City. ~helr office. vere. on the second floor directly
above a gay nightclub calle~ "Rounds- which they both
frec;uente~.

~. Between May 1984 .n~ February 1985 when I left Nev


York City for Los Angeles, california, I ha~ numerous contacts,
convet.atlons an~ ob.ervation. of M%. Berry an~ Hr. Sple;elman.
I observed both ~en frec;uently abu.e cocalne an~ both vere
. I/.!
,-~
~r------"
practIcIng h~ 'Jexuals who admitted pref\'~1ng young underage
men for :sexual grat1fIcat1on. Hr. Serry wa. a-class1c ixample
of a "Chicken Hawk,R whlch in street vernacular 1s a term for~~n
adult mAle ..,h'o
has sexual relat10ns w1th bOYI under the age of
sixt.en.

5. Hr. Berry would routinely tell me, In graphic


~etaIl, about hia aexual explolt~ wIth boys under the a;e of
..
'

s1xteen. Hr. Berry told me that he would .odomlz~ the.e boy.


and have them orally cop~late h1~ penla. Between Hay 1914 and
February 1'.5 I personally ob.erved at lea.t 50 to '0 boy.
between the agel of 14 and 16 in the company of Hr. 'Serry at the
law flrm on East 53rd Street. He frequently polnted out ..,hlch
boy he had had sex wlthand would tell me all about 1t In
detaIl. Hr. Berry ",~uld alia frequently have the.e young boys
perform odd job. at the law firm, ulually 1n exchange for
cocalne, which he would provlde them. I ob.erved luch exchan;el
numerous tImes. Hr. Berry told me hil New %ealand accent va.
found to be attractlve by thele boy

6. I alia ob.erved a aide of H%. Berry which I felt ~a


even Raeedler." He uaed to frequent the AnvIl Club 1n Greenvlch
VI11a;e in Nev York City. Ho~olexual ~le. at the club would
orally copulate and sodomized .ach other In ~pen vlev of the
other patrona. Inalde the club th'ey ala a practiced aad11tic and
masochiat1c aex acta upon each other, including in.ertlng their
greased hand up the rectum of the other and placing thelr penla
through a hole In the vall, commonly called a Rglory hole,R
where in anonymous 'Nle would orally copulate 1t.
---- ---~
/[~- -: --~~. -re- ~- """-
t a
...... -.'- -"
=.....:;...
7 ~r. Berry once -told me ~bout klng boy oftvelve

years of age to thl AnvIl Club for the purpo~e. of 1ntroc5uclng


h1m to gay sex.

8. In about 1984 I met a 22 year old homosexual man


named- Dav1d Lee vho vas vorking a production assistant for
Coast to Coast Production. in Nev York 61ty. I thin hIred him
to work for Cipriano Enterpri.e. at our officI. on East Slrd
street. Mr. Berry va. living In a homosexual relatlons~lp vith
Mr. Lee at that tIml and I believi Hr. Lei sub.equently
Intro~uce~ Hr. Berry to Hr. SpIegelman.

9. I recall that Imme~iatlly prIor to Hr. Berry


becoming a partner In the SpIegelman , Berry lav firm he had
just broken up his relatIonship and law pa;tnershlp wIth. New
~ork City attorney named Frank HofflY. I al.o rlcall that Hr.
S~legelman re~resented Hr. Berry In a subslqulnt law .uit that
Hr. Berry brought agaIn.t Hr. Hoffey. Thl. lav.ult and the
allegec5 1njustices that Mr. Hoffey brought upon Hr. Berry were
frequently d1.cussed In the offIce by Hr. Berry.

10. Hr. Spllgelman and Hr. Berry became partner.


becau.I HZ. Blrry haa slvlral.cllents 1n thl entertaInment, male
modeling and night club acene ~n_Nlv York CIty. HZ. Berry va.
frequlntly .urrounded by young attractivi male modll ome bllov
the .g~ of 16 Whom he u.ed for sex. lecau.I Hr. Spiegelman also
enjoyed engagIng In .exual acta vith these type of young men and
boys and because he vanted to .1.0 practl~e entertainment law,
-
he agreec5 to let Hr. larry become hIs partner.

su-:
.
,!.. .-
-.'.'-.,_/ -.-- ~
:-~ -
,---._-'~J - --.-;,.--:-.-,..' _:-.-.- -
.,-.~"

-~.~ .- ~ - .

11. 1 also recall that Hr. Berrr representecS ~he owner.


of a nlght club calle~ stu~10 54 in New York City. ~ a result,
Hr. Berry never had to pay for anything hec~nsumed at the ~lub.
He was treate4 11ke celebrity. Mr. Barry freQuently inv1te4
Hr. spiegelman an4 I to be his quests at Stu410 54. We vere
also tleate~ 11ke VIPs. The patrons of Stu410 54 were
approxlmately 50\ homosexual.

I declare under the penalty of per~ury that the previous


statements are true an4 correct. Slgne4 thl. t;rn 4&y of Kay

RO~2.t:--
1994 in New York City, New York.

.'
~gi\J/1397 21:1~ 212- ~g MACROfo1AT I~ ~ PAGE tl5
Declaration of Robert J. Cipriano. r ~_ )4
http://WpXX02 ~l._ IUerzburg. de/-kraseIlCoSla1T/.,uc. h

[ I Oead-agenting of Graham ~~ I

DECLARATION OF ROBERT J. CIPRIANO


I, ROBERT J. CIPRIANO, do hereby declare as follows:

1. I am a resident of New York City, New Yori<oI own Transact Resources International at 230
Pari<Avenue, Suite 1000, New York City, New York, 10169. I am 32 years of age and am
married.

2. Between 1980 and 1985 I was a partner with New York attorney Jerome L. Spiegelman in a
company called Cipriano Enterprises. From 1984 the company was located at 303-305 East
53rd Street. New York City, New York. Cipriano Enterprises was an entertainment-talent
agency-management company. Mr. Spiegelman's primary occupation was practicing law. My
primary occupation was running Cipriano Enterprises. I have never been an attorney.

3. Beginning in May 1984, Mr. SpieQelman former a law partnership with another attorney
named Graham E. Berry. Mr. Berry IS from New Zealand. Mr. Spiegelman and Mr. Berry
operated their law practice at 303-305 East 53rd Street. New York City. Their offices were on
the second noor directly above a gay nightclub called "Round- which they both frequented.

4. Between May 1984 and February 1985 when I left New York City for Los Angeles,
California, I had numerous contacts, conversations and observations of Mr. Berry and Mr.
Spiegelman. I observed both men frequently abuse cocaine and both were practicing ';
homosexuals who admitted p,referring youni underage men for sexual gratification. Mr. Berry
was a classic example of a 'Chicken Hawk. which in street vernacular is a term for an adutt
male who has sexual relations with boys under the age of sixteen.

5. Mr. Berry would routinely tell me, in graphic detail, about his sexual exploits with boys under
the age of sixteen. Mr. Berry told me that he would sodomize these boys and have them orally
copulate his penis. Between May 1984 and February 1985 I personally observed at least 50 to
60 boys between the ages of 14 and 16 in the company of Mr. Berry at the law firm on East
53rd Street. He frequently pointed out which boy he had had sex with and would tell me all
about rt in detail. Mr. Berry would also frequently have these youn~ boys perform odd jobs at
the law firm, usually in exchange for cocaine which he would provide them. I observed such
exchanges numerous times. Mr. Berry told me his New Zealand accent was found to be
attractive by these boys.

6. I also observed a side of Mr. Berry which I felt was even "seedier." He used to frequent the
Anvil Club in Greenwich Village in New York City. Homosexual males at the club would orally
copulate and sodomized each other in open view of the other patrons. Inside the club they
also practices sadistic and masochistic sex acts upon each other. including inserting their
greased hand up the rectum of the other and plaCIng their penis through a hole in the wall.
commonly called a "glory hole," where an anonymous male would orally copulate it.

7. Mr. Berry once told me about taking a boy of twelve years of age to the Anvil Club for the
purpose of introdudng him to gay sex.

9. In about 1984 I met a 22 year old homosexual man named David Lee who was wori<ing 8S
a production assistant for Coast to Coast Productions in New York City. I then hired him to
work for Cipriano Enterprises at our offices on East 53rd Street. Mr. Berry was living in a
homosexual relationship with Mr. Lee at that time and I believe Mr. Lee subsequently
introduced Mr. Berry to Mr. Spiegelman.

1 of 2 10/1AJ97 6:31 F
;q
_, ..J ' _ ..J ,...-..:;:--;~'~
~rg.del-kraMUCoSl.tfIaff_n:.

----
\ .

9. I recall that immediately prior to Mr. a.rry becoming a partner in the Spiegelman & Berry
law firm he had just broken up his relationship and la~ partnership with a New York City
attomey named Frank Hoffey. I also recall that Mr. Spiegelman represented Mr. Berry in a
subsequent law suit that Mr. Berry brought against Mr. Hoffey. This lawsuit and the alleged
injustices that Mr. Hoffey brought upon Berry were frequently discussed in the office by Mr.
Berry.

10. Mr. Spiegelman and Mr. Berry became partners because Mr. Berry had several clients in
the entertainment, male modeling and night club scene in New York City. Mr. Berry was
frequently surrounded by young attractive male models some below the age of 16 who he
used for sex. Because Mr. Spiegelman also enjoyed engaginq in sexual acts with these type
of young men and boys and because he wanted to also practice entertainment law. he agreed
to let Mr. Berry become his partner.

11. I also recall that Mr. Beny represented the owner'S of a night club called Studio 54 in New
York City. As a result. Mr. Berry never had to pav f~r anything ~ consumed at the cl,:,b. He
was treated like a celebrity. Mr. Berry frequenttv Invited Mr. Spiegelman and I to be hiS guests
at Studio 54. We were also tr.eated like VIPs. The patrons of Studio 54 were approximately
50% homosexual.

I declare under the penalty of perjury th~t the previous statements are true and correct. Signed
this 5th day of May 1994 in New York City. New York.

(signed)
ROBERT J. CIPRIANO

1011~7 6:31 P

20(2
EXHIBITC
;.~

Iii'
I
!

DECLARATION OF ROBERTJ. CIPRIANO


2
;.

3
i!I
4 I: 1. Robert J. Cipriano. hereby declare and state as follows:
I:Ii
5 1. I have personal knowledge of the matters set forth herein and. if called upon to do so.
I;
6 could and would competently testify thereto under oath.
7
..., I have primarily drafted and typed this declaration myself. free of duress. intimidation
8
or inducement.
9
3. As of July 1th 1999. a certain set of circumstances and events have transpired that
10
I

11 I: have caused me to write this Declaration. The events surround the introduction of Church Of
I:
I~

12 Scientology private investigators. anorneys. officials and followers into my life since May 4th 1994.

13 The circumstances and events surround "threats". "bribery", "intimidation". " "duress". "dead
I
j:
I
14
agenting". "fair game". "black propaganda". "slander". and "witness tampering".
15
4. Since May 4th 1994. my personal and professional life have been destroyed
16
due to the acts of The Church Of Scientology and their Office Of Special Affairs. including
17
the acts of their lawyers. Mr. Kendrick Moxon of Moxon & Kobrin. Mr. Sandy Rosen of .
18
19 Paul. Hastings. Janofsky & Walker and numerous officials and followers including:

20 Kendrick Moxon. Esq.: Gary Soter. Esq.: Steven Hayes. Esq.: Timothy Bowles. Esq.: Elliot

21 .Abelson. Esq.: John Ryan: Eugene Ingram: Judy Ross: Ken Long: Isadore Chait: Rev. Glenn
22
Barton: Michael Rinder: David Miscavige: Erla Hawkins and Joanne Weaton. I cannot be
23
sure how many other Church of Scientology followers and officials are involved. that have
24
not become known to me as of the date of this Declaration. I am learning on a weekly basis
25

26 of additional individuals who became involved in my life. who were operatives or in some

27

28

Final 8-1'99 :04 PM I


DECLARATION OF ROBERT J. CIPRIANO
':1
/
,~
!

~.-~.~
, .

way working on behalfof Church Of Scientology andJor their Office Of Special Affairs to
2
monitor. control. influence.harm.intimidate and tamper with me.
3

4 5. More importantly to the focus of the Declaration is my very real concern for my safer

5 and physical protection, I have absolutely no doubt that Church of Scientology and their Office of

6 Special Affairs will attempt further tactics of intimidation. threateIl.ing acts and. eventually attempt t
7 ;,
have me silenced. The information contained in the Declaration provides a very clear and precise
8
depiction. with over 1OQOpages of written proof of my statements and allegations. It is my personal
9
opinion that once this information is made public through court filings and media releases. that I will
10

11 become subj ect to the full vengeance. of the. Church of Scientology and its operatives.

12 6. Additionally, 1 have written this Declaration to bring an eventual close to what I

13 believe to be one of the most horrendous. continuous displays of criminal acts perpetrated in the
14
! name of an IRS recognized religion in my life and possibly to bring awareness to the public about
15
I this bogus. fraudulent and extremely dangerous cult. It is my hope that all proper law enforcement
16
officials can provide me with capable legal protection and that the media coverage will become
17 I

sufficient to dissuade Church Of Scientology from harming me. Furthermore. I am not a


18
19 Scientologist: however. I was brought into their private world and exposed to many of their illegal

20 tactics.

21
Cipriano
22
General Background
23
7. I have been a businessman since 1980. At age 18 I entered intoabusiness partnership,
24

25 Capri Productions. Ltd .. with Jerome L. Spiegelman. The primaryfocus of this business partnership

26 was the management of entertainment performers and artists in the New York City vicinity. Over a

27

28

Final- 84'992:04 PM :2
DECLARATION OF ROBERT J. CIPRIANO
'~.'

1
period that spanned 1980 through February 1985. Mr. Spiegelman and I opened and managed
2
numerous entertainment and fashion businesses.
3
\:
,
8. In February 1985.1 dissolved my partnership with Mr. Spiegelman for reasons of
4 IiI;
i;

5 I:I- heavy drug use by Mr. Spiegelman and numerous legal complaints for fraud placed by his law
I~
i
6 clients. I relocated to Los Angeles. California, where I began work with Parkinson Friendly

7
Productions under the supervision of Griffin 0 'Neal. 1 primarily created programming and
8
production projects forParkinson Friendly.
9 ::
9. In late 1985 - early 1986. 1 left the entertainment business and decided to start a caree
10 i

in real estate. I began work with R&B Commercial Properties at Wilshire Court Financial Center an
11

12 eventually was hired away from R&B by Paramount Group. Inc. at Paramount Plaza 3550/3580

13 I Wilshire Boulevard as-an Assistant Property Manager. In late 1986- 1987.1 moved to Dayton,

14
Ohio. married Jeanette Lambert and began my first commercial real estate development.Elmwood
15
Galleria Business Center with Paragon Realtors (Donald Nordstrom). After completing the design.
16
financing syndication and "breaking ground". I sold my interest in the project and relocated to New
17
York City wherein I sought and was granted a divorce from Ms. Lambert in 1988.
18
19 10. 1988 through 1993 was spent both in New York Cityand Los Angeles. California.'

20 building Cipriano Development Group (CDG). 1 brokered real estate transactions. created real estate'

21 .syndication. managed real estate properties. and in general worked particularly in the real estate
22
business.
23
11. In early 1994. afierlosing CDG in late 1993.1 became the subject of a criminal charg
2t.
in May's Landing. New Jersey. for Failure Of Required Disposition over a recently acquired
25

26 subsidiarx of Cipriano Development Group called Artistic Builders Group. The purported crime was

27 perpetrated by the previous O\\'TIer~Mr. Peter Augay. However. because CDG had acquired the

28

Final 84'99 2:04 PM


DECLARATION OF ROBERT J. CIPRIANO
I
,
/f-7\

'~-.r-'.-"

company, I was charged' with the crime. The charge was falsified against me and at the time I had no

funds to retain proper legal representation and therefore utilized the services of the Public Defender
3

~ who, eventually entered a plea bargain that required restitution and probation. During the same

5 period. May. 1994. I was approached and threatened by a privateinvestigator working for the Churc

6 of Scientology (COS) regarding a Mr. Graham 'E. Berry (see Ingram). This was a very exhausting
7
and trying period for me.
8
9
12. In Januarv,~ 1996. lelected
-
to move from
" -
New York Citv~ back to Los Anzeles,
- -
California. where I started work with the Foundation For TheDeclaration Of The Rights Of Children
10
11 (FDRC). As their Executive Director. I created The Day Of The Child.fundraising themed projects

12 in New York.City and Washington D.C. I had decided that. for personal reasons. I needed to give

13 , back to people in need and children had always been a very serious concern of mine.
"

14
13. The period from 1996 through and including July 1999 are detailed in the remaining
15
portions of this Declaration as they go to the center of the Church of Scientology and Office of
16
17
Special Affairs' circumstances and events concerninz
. _- - - me .
18
19 Eugene Ingram

20 (P.1. For Church Of Scientology and Moxon & Kobrin Law Firm)
21 First Visit With Cipriano
22
14. On May 4th 1994,. at more or less 2:00 PM. I was paid a visit by a Mr. Eugene Ingram
23
and his female accessory at my horne at 245 East 6yd Street.Apartment 1617. New York CityNew
24
25 York. Mr. Ingram presented himself as a Los Angeles Police Detective and presented a Detective's

26 Shield upon addressing me at my apartment door. Mr. Ingram had passed through a heavily guarded,

27 high security apartment building without being noticed. Mr. Ingram stated that he had affairs that he

28

Final- 8'4'99 :;:04 PM 4


DECLARA TlON OF ROBERT J. CIPRIANO
1
wanted to talk to me about. I welcomed both of them into my apartment and sat and listened to him. I
2
was under the impression that I was going to be arrested by both of them for the May's Landing. Nev

Jersey.. criminal charze.


~ as I had not surrendered to the New Jersey legal system. I was still seeking .

5 i an attorney to answer the charges who would work with me since I had limited funds. Upon entrance

6 into my apartment. Mr.lngram immediately established that he was aware of my situation in New
I
7 !:
,. Jersey and stated that. "You should be careful and be very helpful to me!" It was a natural
8 '
presumption for me to conclude that if I did not assist him in any all manners that he would arrest me
9
and take me to New Jersey before I could retain legal representation.
10
11 15. . Mr. Ingram began discussing Mr. Spiegelman. a previous business partner of mine.

12 We discussed his law firm, our business partnership together and Mr. Spiegelman' s legal problems.
"
13 ij: which had landed him in jail after I dissolved my partnership with him. Mr. Ingram continued with
,
14 !
questions surrounding other legal partners ofMr. Spiegelman's including Mr. Graham E. Berry. Mr.
15
Ingram was very interested in Mr. Berry's legal clients and his personal habits. I asked why and wha
16
this was about. I had not seenMr. Berry since the beginning of 1985. and had heard he had moved to
17
Australia or New Zealand. I was aware of an open question regarding some six million dollars that
18
19 was not recovered at the time Mr. Spiegelman was arrested in 198511986. and I began to think that

20 Mr.iBerrys unanticipated departure to Australia or New Zealand was very mysterious. I began to

21 relax knowing that I really had no data on Mr. Berry beyond the end of 1984. or at best. early 1985.
22
which was prior to my departure from New York City and arrival in Los Angeles to work for
23
Parkinson Friendly Productions.
24
25 16. Mr. Ingram continued with numerous questions regarding Mr. Berry's personal

26 conduct. sexual habits and his legal clients. He asked me what I knew about Mr. Berry's gay lifestyle

27 . I stated that I knew he lived a gaylifestyle: that he had numerous male partners who were young

28

Final 8-1'992:0-1 PM 5
DECLARA TION OF ROBERT J. CIPRIANO
('0
~~~
J
.'

"boy next door" types. That in 1984. I knew and had met a David Lee who was involved with Mr.
2

3
, Berry. Without warning. the discussion turned domineering
i
and combative when Mr.Ingrarn .staned
I:

4! to ask seriously deranged questions. For example: "You saw Graham Berry with underage boys - 12
!
i
5 " year olds. right?" "Graham was a cocaine addict. right?" and "Graham Berry was a really sick
!'
6 faggot. right?" He was not questioning me any further. yet demanding that this had happened and t~a
7
that had happened. I asked him to back off and slow down. Mr. Ingram showed me a picture of Mr.
8
Berry standing in a nightclub and said this a gay club in West Hollywood.
9
17. I thought back to those days in the early 1980's and recounted my recollections.
10

11 "There was cocaine that was being abused during 1984-1985. n I told Mr. Ingram that. "I had done

12 cocaine for about six. months in 1984 and had quit because it just destroys everything."
.
"There were

13 number of young boys, I didn't know or recall how old they were." "Graham Berry represented
14
Studio 54." Mr. Ingram suddenly, dropped it and went back to my situation in May's Landing. New
15
Jersey. He questioned me on how long it had been since I was advised of the charges and that it was
16
only a matter of time before they would come for me in New York. I stated that I knew that and that
17
was moving as fast as I could to get an attorney. that I was not guilty and that I was set-up by Mr.
18 I --.'

19 Spiegelman and Peter Augay. Mr. Ingram stated that he had s80ke.n to Spiegelman. Mr. Ingram state

20 that. "Mr. Berry went to the Anvil. a seedy after hours gay club in New York Citv and he took boys
- . .
21
. with him." I stated that "I have never gone to a place like that. I would not know if he did or did not."
22
18. Mr. Ingram proceeded to ask if I would sign a legal declaration on Mr. Berrv, I asked
23
what would it be used for. Mr. Ingram stated that it would be placed in a file. and most likely never

25 be used. I agreed and Mr. Ingram stated that he would contact me the following day May 5th 1994. to

26 have me sign it.

27

28

Final - 84'99 2:04 PM 6


DE CLARA TION OF ROBERTJ. CIPRIANO
I
J..~~ ... ~
i

1
19. After he left my apartment. I went out for a number of hours. I returned home at
2
, approximately 10:00 or 11:00 PM that evening to find out from my then wife. Valerie Hayman
3 i
;"
I'
4 ! Cipriano. that Mr. Ingram came back earlier in the evening and had sat and talk with her for an hour
I:
l-
5 I or so. As my wife had no part or knowledge of my lifestyle. friends or business associates in the
I
6 t,
I early 1980's this caused me some serious anxiety.
t,
7 I't- th
20. On May 5 1994. Mr. Ingram visited me at my office at
8
245 Park A venue. where he presented a Declaration that had numerous exaggerated statements and
9
I, fabrications. He took my basic statements and painted a different picture than I had presented the day
10 i
I'
!.
11 I before. I told him that this was not what I had said. and he instantaneously became furious and

12 belligerent with me-again. because I dared to challenge him on the ages of the males involved with

13 Mr. Berry. He said. "The next time you open your door at home it is not going to be me. but New
14
Jersey. now sign it." I signed it and asked him ifhe was going back to Los Angeles and he said yes.
15
he would be going back to Los Angeles after he spoke with Troy Glick. He left my office. I
16
immediately called Troy Glick and told him that a Los Angeles Detective had just been at my home
17
and that he was after Berry and Spiegelman.
18
19 Eugene Ingram's

20 Second Visit With Cipriano's Declaration


21 Posted To The Internet
22
21. In January of 1996. I moved to Los Angeles to start my new life. I started working fo
23
FDRC. a 50 I c(3) children's charity. working on Day Of The Child. In early April 1997. a girlfriend
24
25 had purchased a computer system and we set it up in our Marina Del Rey apartment in Mariners'

26 Village. It had internet access. We subscribed to America Online (AOL) and I created a Screen Nam

27 (CIPGLIY). While exploring the internet through AOL. I came across a Search Engine and started

28

Final- 84'99 ~:04 PM 7


DECLARATION OF ROBERT J. CIPRIANO

/~
/ ~.
1
typing in people and things from my past. Eventually. I typedin my name "ROBERT 1. CIPRIANO'
2
and became completely andabsolutely appalled to see numerouspostings under my name. Each and
3 Ii
Ii
4 I' everyone of them involved my Declaration from 1994. I immediately looked up Eugene Ingram' s
I:n
5 I:" card from my business card collection and contacted him. I setup a meeting in Marina Del Rey for
,Ii
I;
6 j: lunch.

T !:,
..,.., On April so" 1997. we met at the Warehouse j{estaurant and I asked him straight out.
8 j'
Ii "Whatthe f--k is going on and who are you working for?" Mr. Ingram said a law firm that had
9
litigation with Mr. Berry. Mr. Ingram stated again that my situation.in New Jersey was not
10
11 completely over and that lwas.in violation of my probation. whi<;hwas true. but only because I had

12 failed to make a few restitution payments, I had stayed in touchwith my probation officer trying to

13 work things out. On May 11th L997. Mr. Ingram came bymy apartmentand noticed my professional
14
pictures and awardson my home-office walls. Mr. Ingram wanted to make copies of all of them. Mr.
- -
15
Ingram took them to a local copy.shop and returned an hour later.Mr. Ingram then asked me who
16
each an.d every person was in the pictures and proceeded to write.the info and the back of the copies.
17

18 Eugene Ingram's

19 Third Visit With Cipriano

20 Hears Of Law Suit Against Him By.Ber'ry


21
23 - Sometime in January. 1998. Eugene Ingram contact me in my Carpinteria home to
22
advise me that I might be sued bv
....
Graham E. Berrv. for rnv.. Declaration.
.- - '.' '"
Mr. Inzrarn
'--...
told me. over the
-

23
phone that he needed to see me right away. He. arranged to drive jlP)O Carpinteria the following day
24
25 to meet with me. We had lunch at a local restaurant and Mr. Ingram told me that he worked for the

26 Church of Scientology and a law firm that represented the Church of Scientology. Mr. Ingram told

27 me. that Mr. Berry was representing numerouspeople who didnot like 'the Church of Scientology.
28

Final - 8-4i99 2:04 PM 8


DECLARATION OF ROBERT J. CIPRIANO

Ie
~ .. ~~
T~
/

vlr. Ingram told me he was on his way to SanLuis Obispo where L. Ron Hubbard's autopsy had bee

conducted and where Mr. Berry was causing problems. Mr. Ingram said something about. "getting to

the Coroner's office before Berry did." Mr. Ingram-told me that he had a spy in Mr. Berry's law offie

5 and he or she had gotten a copy of the complaint. I asked for a copy of it and he refused to provide

6 one to me. Mr. Ingram said that if l received a copy of it that.it could prove that I was served in the
7
future. if that became an issue. After that. both Christine Gregosand I decided to move from
8
Carpinteria to her duplex in Van Nuys. California. Mr. Ingram.stated that. "If you moved to V an
9
Nuys. Berry would never find you".
10

11 24. Mr. Ingram told me that his boss. Kendrick Moxon, wanted to meet me immediately.

12 i \\ie arranged for me to drive down the next day to meet with Mr. Moxon andMr. Ingram at an office
,,
13 on Brand Avenue in Glendale. California. Mr. Ingram stated that I really needed to count on him and
14
Mr. Moxon. I told Mr. Ingram that I had lost a couple of jobs due to employers reading the
15
Declaration on the internet and that this whole mess was absurd and preposterous. Mr. Ingram told
16
me of a computer nerd that had broken into some private computer system while on the nightshift of
17
some job and that he had broken the guy's cover (I would later find out that was Keith Henson). Mr.
18
19 Ingram told me that he had been to London. England. to investigate a female television reporter who

20 was running a story on the Church of Scientology in the United Kingdom. That his job was to

21 . convince everyone that she was a prostitute or a stripper in order to convince her not to do the show.
22
. Additionally. the authorities banned him or arrested him on some charge and asked him to leave the
23
country. I asked Mr. Ingram about the numerous arrest warrants here in the United States for him tha
2t.
I had read about on the internet. He said that they were not real and that people can say anything on.
25
26 the Internet

27
28

Final - 84 '99204 PM 9
DECLARA TIOl'l OF ROBERT J. CIPRIANO
.i
-.,..
1
Kendrick Moxon's First Meeting &
2
I: Eugene Ingram's Fourth Meeting ""itb Cipriano
3
ii 25. On January 23rd 1998. I arrived at 5:30 P.M. for my appointment with Kendrick
4 Ii
5 Moxon and Eugene Ingram at 550 North Brand. Suite 700, in Glendale. Mr. Ingram was waiting for"

6 me in the building lobby reception area. He was nervous regarding something. We entered Mr.

7 Moxon's office and Mr. Ingram proceeded. without asking anybody. to a conference room to the
8
right of the office reception center. We sat inside and he began showing me paper work on somethin
9 I:I;
I, that Mr. Berrv. was involved. in regarding the Los Angeles Unified School District and a gay student
10 I'
!'I

11 I, program.
i:

12 26. Mr. Ingram told me about Mr. Berry selling tickets to a Gay Liberation March On

13 Santa Monica Blvd.: and something about Mr. Berry telling the affluent gay population that he starte

14 AMF AR so as to sell more tickets. Mr. Ingram told me .that Mr. Berry was also filing legal paperwor
15
against Mathilde Krim. the Chairman of AMF AR. for a Declaration she wrote.
16 I

27. Mr. Ingram told me about abook he wanted me to read. Ba2 OfTovs. I ask why. He
17
said that it was about. " .. those days in New York City:' He proceeded to give me a copy. He told
18
19 me that the main character in the book. Bernard LeGeros. also signed a Declaration against Mr.

20 Berry. but that LeGeros was in jail in New York or New Jersey for a murder depicted in the book. H

21 told me that LeGeros was completely insane and wanted Mr. Berry dead.
22
28. Mr. Moxon finally arrived. shook my hand and sat down. Mr. Ingram started talking.
23
completing a narrative of some of the history of the situation. Mr. Moxon stated that, "Well,
24
certainly. if Berry did sue you. then I would represent you at no cost. You were helpful to me and w
25
26 will not leave you alone to fight this battle ... Further. we don't think Berry is serious and is just

27
28

Final- 8'4'992:04 PM ]0
DECLARATION OF ROBERT J. CIPRIANO

- -_. __ ._---------------------------
, .:~
't ...;.;..,...,
,
...,
~.If
./

bluffing with the lawsuit." The meeting with Mr. Moxon was over in ten minutes. and I returned to
2
Carpinteria alone.
3

4 Cipriano

5 Served With Graham E. Berry's Summons


6 In Van Nuys, California
7
29. On March 9th, 1998.1 was served a Summons with Case Number. BC184355. Graham
.

8
E. Berry. Plaintiff v. Robert].1 Cipriano. Defendant for Libel, Libel Per Se. Slander. Slander Per Se.
9
Intentional Infliction Of Emotional Distress. Negligent Infliction Of Emotional Distress. Invasion Of
10

11 Privacy, Public DisclosureOfPrivate Facts and Conspiracy

12 Cipriano And Graham KBerry

13 Email Communication
14
Cipriano Settlement Letter Offer To Berry
15
30. In the following days and weeks. I received emails from Mr. Berry (See Exhibit 1. 2,
16
& 3 [a]), that 1 perceived as threats upon me. 1 contacted Mr. Moxon to advise him of the emails
17
received from Mr. Berry. Additionally. 1 prepared a personal letter to Graham E. Berry that I sent to
18
19 Mr. Moxon in an atternpt.to settle this problem between Mr. Berry and me. I told Mr. Moxon to send

20 it to Mr. Berry (See Exhibit 4). By Saturday evening March 21511998. both my fiance. Ms. Christine

21
Gregos. and 1 were intensely apprehensive and I called Mr. Berry. Mr. Ingram and Mr. Moxon and I
22
told them to meet me at the.Van Nuys Police. Station to work this out with the appropriate law
23
enforcement authorities. Mr. Berry refused to meet at the Police Station and Mr. Ingram and Mr.
24
Moxon arrived at my home roughly one hour later.
25

26

27

28

Final - 84'992:04 PM II
DECLARATION OF ROBERT J. CIPRIANO
.!~ .
/

Mr. Moxon And Mr. Ingram


2
. Contacts Office of Special Affairs & Offer Incentives
3
,.I: Cipriano Signs Retainers With Moxon
4
I;,
5 31. At this time. Mr. Moxon took me into our home office while Mr. Ingram worked on.

6 Ms. Greuos. Thev. switched and Mr. Ingram started talking with me while Mr. Moxon talked with
'- . --. .

7
Ms. Gregos. Mr. Moxon. in his. attempts at quieting Ms. Gregos. offered her anything she wanted: a
8
i job. money. anything. Ms. Gregos stated to him that she wanted nothing he had to offer. Ms. Gregos
9
i, hated both of them and wanted me to get away from anything having to do with Mr.Ingram.
10

11 Mr. Moxon called the Office of Special Affairs at the Church of Scientology and had

12 them fax over a document for me to read entitled Affidavit of Garry Scarff (See Exhibit 5). Finally; .

13 Mr. Moxon convinced me that if he called Mr. Berry and told him that I was being represented by
14
Mr. Moxon now. and that Mr. Berry was to no longer attempt to communicate with me. that this
15
would stop Mr. Berry from further personal communications. Mr. Ingram offered to give me
16
unlawful phone tapping equipment to record Mr. Berry when. and if. he called again. Ms. Gregos
17
demanded that no equipment be involved on our phones. so I refused same from Mr. Ingram.
18

19 Mr. Moxon made it very clear that I would not have to pay a dime in legal fees or any

20 other fees relating to this matter. Further. that the Church of Scientology was paying for everything.

21 . including Mr. Moxon's fees.


22
34. The following Monday. March 2yd 1998. Mr. Moxon sent over a REQUEST FOR
23
I1\,,'VESTIGATION OF ATTORNEY GRAHAM E. BERRY. Mr. Moxon asked me to place it on my
2~

25 personal stationary and send it to the State Bar Of California. located at 1149 South Hill Street Los

26 Angeles. California. (See Exhibits 6 & 7) to harass Mr. Berry and get him to drop the lawsuit.
?...,
c r

28

Fmal- 8 4992:04 PM 12
DE CLARA nON OF ROBERT J. CIPRIANO
l~ "frY"
r~~:.~ ..~ ~ ,
Ii
1
I:
].!
1
35. Due to Mr. Berry's lawsuit against me and the thr eat.o f fmancia. I' rum. on M ar ch"'"
_.J
rd

2
j: 1998. Ms. Gregos demanded that I contact Mr. Moxon and have, him draw a Quit Claim Deed on
3 - .
Ii
4 17232and 17234Vanowen Street: a relinquishment on household items: a relinquishment on
Ii
5 jewelry: a relinquishment on my 1997 BMW 328: a relinquishment on a GMC Sonoma Truck; a

6 relinquishment on a 1995 Grand Cherokee Laredo Jeep and a relinquishment of any and all rights in
7
our checking accounts (See Exhibit 8)
8
36. On March 25th 1998. Mr. Moxon asked me to meet him at Wasserman. Comden &
9
Casselman law office at 5567 Reseda Boulevard in Tarzana. California. to meet with Gary Soter. Esq
10
11 I arrived and proceededto sign a Retainer Agreement with Mr. Moxon of Moxon & Kobrin (See

12 Exhibit 9) and Gary Soter of Wasserman. Comden & Casselman (See Exhibit 10) for legal

13 representation in the Bem' v. Cipriano lawsuit. The Retainer Agreement with Moxon & Kobrin was
14
strangely backdated to March 23rd 1998. so Mr. Berry could not claim that I was a "free-agent"
15
during that short period of time. Additionally. the Moxon & Kobrin Retainer stated that Moxon &
16
17
Kobrin was responsible for payment
",- .',,
to Wasserman. Comden & Casselman rezardinz
'. - -..... mv.,

representation. Equally the Wasserman. Comden & Casselman Retainerstated that Moxon & Kobrin
18
19 were responsible for payments for legal services rendered by their firm.

20 Mr. Moxon Arranges Job For Cipriano At


21 Earthlink Network, Inc.
22
A Church Of Scientology Company
23
th
37. On or about March 26 1998. Mr. Moxon and I talked about my re-entering the work
24
force. MLMoxon suggested Earthlink Network.Jnc .. in Pasadena. Earthlink Network is a Church
25
26 Of Scientology company. Mr. Moxon contacted Mr. Sky Dayton. Chairman of Earthlink. who

27 referred him to Mr. George Williams. Director of Dial-Up Sales. An interview was arranged. and I

28
Final- 84'992:04 PM ]3
DECLARATION OF ROBERTJ. CIPRIANO
!

was hired March :!th 1998. even though they were not hiring at that time. Earthlink created a new

sales management position for a girl named Jennifer so they could move her up creating an opening

.. A for me in the sales department. On March zs" 1998. I sent an.~mail to Mr. Moxon thanking him for

5 the introduction (See. Exhibit 11& 12).While at Earthlink Network in Pasadena. California. I had

6 access to the Internet Service Provider' s internal operations.


7
38. I was befriended the first day of my employment at Earthlink by a Mr. Michael
8
Hamra. another sales associate. 1.quickly started a friendship with Mr. Hamra and spent countless
9
hours talking about various things including how Earthlink started with investments. by Kirstie Alley
10
Tom Cruise. John Travolta and other wealthyScientologists, into Sky Dayton's idea of an internet

12 service provider. Mr. Hamra told me how Sky Dayton had a coffee shop before starting Earthlink an

13 that he. because of being a Scientologist and his friendships with "celebrity Scientologists. he was
14
able to build a multi-million dollar company that could. "Watch oyer the entire internet from within
15
the internet."
16
39. Additionally. Mr. Hamra told me he was one of the founding group of Scientologist
17
who ran Earthlink out of a Glendale one room office where he made sales calls .frorn a bathroom in
18 , .

19 the office. Mr. Hamra said: "The Church of Scientology now had. a database of information on every

20 subscriber which includednames. credit card info .. credit reports. telephone info .. computer-info ..

21 'who had referred them to Earthlink and who were their previousJSP providers." Mr. Hamra told me
22
about the "other Earthlinkbuilding" which was next door on New.York.Avenue in Pasadena. Mr.
23
Hamra told me that the other building was high security and iswhere Earthlinkand the Church of
24
Scientology did all the monitoring of the internet. Mr. Hamra wasalways very interested in my
25

26 testimony in Bern' \', Cipriano.: It became clear to me thathewas reporting what I was saying to othe

27 in Scientology.

28

Final- 84/992:04 PM 14
DECLARATION OF ROBERT J. CIPRIANO
~.
j
I
!
I
1 Ii
40. I received many incoming sales calls while at Earthlink from individuals who would
2
ask. "Are you a bunch of Scientologists?" We were trained to never admit that we' were involved wit
3
Ii the Church Of Scientology.
4 Ii
"

5 I: 41. On April 4th 1998. I received an update from Mr. Moxon by email. In this email. Mr.
j!
6 !'"
Moxon informed me of the " ... fun starting with Berry:' He was also asking me for further
!;!,
7 !,, Declarations to substantiate my lack of knowledge regarding the posting of my Declaration on the
8
internet (See Exhibit 13).
9
Moxon Introduces Cipriano To
10
Hubbard's Holdings In Hollywood, Celebrity Center
11

12 Further Defendants In Cipriano Case

l3 ;
4'" During one of the weekends between.Aprils" and May 12th 1998. I was asked by Mr.

14
Moxon to join him on a Sunday afternoon at the L. Ron Hubbard Museum on Hollywood Boulevard.
15
At said time. Mr. Moxon arranged for me to have a highly private tour of their facilities. A personal
16
escort took me to areas of the facility that were not open to the public They attempted to have me us
17
their E-Meter machine. which I aggressively refused. After the tour. Mr. Moxon took me to the
18

19 Church Of Scientology Celebrity Center in Hollywood where we were met by a person I believed to

20 be Isadore Chait. Additionally. I believe that I met a gentlemen who identified himself as David

21 Miscavige. however. I am not absolutely positive it was he. On our drive in Mr. Moxon's car. he did
22
not want to ride in my car. Mr. Moxon asked me what it was in the world that I really wanted or
23
needed. I thoucht about it and did not answer rizht
~. ~. away.
24
43. Once at the Celebrity Center. Mr. Moxon repeated his question. referring to a
25
26 financial incentive of around $750.000.00. I said that I did not wan! to be paid for my testimony. On

27 our \\'a: back to Mr. Moxon's car. and on our way in his car back to mine. I said that I had a dream

28

Final- 84'992:04 PM 15
DECLARA TION OF ROBERT J. CIPRIANO
.r>.

/'
I!
;.
concept that I had spent quite a long time developing. called DAY OF THE CHILD. which was a
2
children's charity concert that would benefit over 500 children' s charities. They could assist with an
3
t.

I: investment. celebrity endorsements and personnel if they wanted. Mr. Moxon asked how much waul
I:
4
L
5 I: a video commercial of it cost? How much would it cost for an office with equipment? HoV;' much for
Ii
6 1!. various things" Mr. Moxon told me. in plain words. that he would syndicate the monies needed with
i:
7 some of the wealthy Scientologists and get it funded. I told him I would email him from Earthlink
8 i
! with information.
9
Moxon Offers Trip To Cipriano
10
New York City To Warm-Up New Witnesses
11

12 44. April sc" 1998. Mr. Moxon asked me to track down witnesses and convince them to

13 testify against Mr. Berry. Mr. Moxon wanted me to talk to Suzette and Richard Holmes. Howard

14 Shafran and Carol Lacken?ach. people that worked in and around Mr. Spiegelman and Mr. Berry
15
back in 1984. Mr. Moxon offered to fly me back to New York City to soften-up and warm-up the
16
witnesses and prep them for a new private investigator they had hired in New York City (See Exhibit
17
14l. This trip never happened.
18

19 Cipriano Responds To Moxon's Offer

20 leon Entertainment Group/Day Of The Child

21 SEC Private Placement Offering


22
On May 14th 1998.1 sent an email from Earthlink to Mr. Moxon advising him of the
23
starting point for the project. I discussed ownership percentages. Earthlink s participation. the legal
2t.
offices being at Moxon & Kobrin's law office. etc. (See Exhibit 15)
25

26 46. On May 23rd 1998. as per Mr. Moxon's request. I prepared and presented a SEe

27 Private Placement Offering for Icon Entertainment Group for Day Of The Child to solicit and secure

28

Final- 8'4/99 :::04 PM 16


nECLARA nON OF ROBERT J. CIPRIANO
funds from Church Of Scientology and Church Of Scientology members. entertainers. celebrities and
2
officials. 1 pledged my personal stock in other companies as collateral. (See Exhibit 16)
3
Cipriano Receives A $2.500.00 Non-Repayable Loan
4 ii;:
L From Geoffrey Barton A Relative Of Glenn Barton
5 I:[!
!
6 A Defendant in Graham Berry's Cases Against

7 Church of Scientology
8 ,.!1:

i,
47. On or about May zs" 1998. Mr. Moxon arranged for and wired $2.500.00 from a
9 i:!:
I. Geoffrey Barton into the account of Christine M. Gregos. Accurate Bookkeeping Company. on my
t

10 "i
L
I'i
behalf. This loan was to payoff any outstanding debts between Christine Gregos and me so that I
11
,
11
12 would have no obligations to her. When the money was given to me. however. Mr. Moxon stated tha

13, !, we needed to sign a promissory note so that it did not look like Scientology was paying me while I
i
14 i,
was a witness, I asked Mr. Moxon was this the same Barton that was named in Mr. Berry's lawsuit
I
15
against me? Mr. Moxon told me that it was a different person and just a coincidence the last name
16
was the same. During this same time period. Mr. Moxon suggested that I get away from Ms. Gregos.
17
as she was "toxic" for me. (See Exhibit 17).
18
19 Mr. Moxon Informs Cipriano That The. Bern' Y. Cipriano

20 Case Has Been Moved From Judge HiroshigiTo Judge Williams

21 48. Mr. Moxon informed me that Judge Hiroshigi was a "lame-judge" who could never
22
begin to grasp the case and that he had filed a motion to replace Hiroshigi. The case was transferred
23
to a Judge Williams. who Mr. Moxon told me was. "A friend of the Church of Scientology."
24
25
26
27
28

Final 8 4'99 2:04 PM 17


DECLARATION OF ROBERT J. CIPRIANO
~.,
,
, ;

Cipriano Is Moved Into a Safe House


2
Church OfScientology Boarding House In Hollywood
3
I:
i. Deposition Of Cipriano Taken
4
I:
[ ~
5 I~ . 49. Approximately June I th 1998. Mr. Moxon moved me into a Scientology boarding
I!
!'
6 house. free of charge to me. on Franklin Avenue called the Franklin House. ownedand operated by
7
Eugene Ingram' s detective-operative Joanne Weaton, a known Scientologist. This was done to get m
8
away from Christine Gregos. who Mr. Moxon thought was "toxic" to me as well as tokeep me from
" .
9
! bolting to Mr. Berry' s side of the lawsuit.
10

11 50. On June 29th and so" 1998. Mr. Moxon invited me to his home on Vista Verdugo

12 outside of Glendale. California. Mr. Moxon prepared me to answer questions in my Deposition

13 scheduled for July 1SI and 2nd 1998. Mr. Moxon told me to lie about the ages ofMr. Berry's intimate
14
relationships. and to antagonize him and get Mr. Berry to say things he might normally not say. Mr.
15
Moxon told me to get Mr. Berry "pissed off' at the Deposition. It appeared to me that this was a
16
game for Mr. Moxon and it was more about scaring Mr. Berry than about a real cause of action base
17
on truthful facts.
18

19 51. On July I SI 1998. I arrived in downtown Los Angeles at the Paul. Hastings. Janofsky

20 and Walker law firm and met with Mr. Moxon. Mr. Sandy Rosen. Mr. Michael Rinder. Ms. Barbara

21
Reeves and numerous other Church Of Scientology and Office Of Special Affairs officials at 8:30
22
A.;'\'1.They were standing around the conference room. shaking my hand and laughing about Mr.
23
Berry. Mr. Moxon was being extremely smug. like he had the witness that would bring Mr. Berry to

25 his knees. I was prepared by Mr. Rosen and given a copy of Mr. Berry's bankruptcy documents. I

26 \\3S told hy Mr. Rosen to pick the items in the bankruptcy that I thought might be false and on which

27 \1r. Berrv had filed. Mr. Rosen told me that when I was unsure of an item. to say that it was false.
28

Fma!- 8 499 204 PM 18


DE CLARA TIO~ OF ROBERT J. CIPRIANO
/r~
~~ ...

52. Each time Mr. Moxon and Mr. Rosen asked fora break we would go downstairs to

srnoke.Mr.Rosen & Mr. Moxop. would laugh like little kids about how Mr. Berry and his lawyer.

Mr. Lewis. were totally screwing up. Mr. Rosen told me he thought I was the best witness he had

5 ever had and I should think about being a professional witness around the country. Both Mr. Moxon

6 and Mr ..Rosen .showed-their.rrue colors during those two days. I found .both of them to be totally
7
repulsive. unprofessional and homophobic. The case was notab01.lt Mr. Berry being a law-abiding
8
citizen. instead the idea was. "Let's get Berry because he is lives a gay lifestyle." This was when I
9
first understood what theterm.l'dead agenting'' meant and saw it in action.
10

11 53. On July 2nd) 998, I arrived again and was greetedby Eugene Ingram. Mr. Ingram

12 asked me when we were alone. "I never showed you a Los Angeles Defective' s badge when I first

13 interviewed you in New York.did I?" I found this very strange due to the fact that I had told Mr.
14
Moxon a couple weeks earlier that Mr. Ingram had. in fact. misrepresented himself to me as a
15
Detecti ve. I became very concerned after I read an article on the internet regarding an outstanding .
16
warrant for Mr. Ingram' s arrest in Florida for impersonating an officer and knowing what he had
17
done to me. It was obvious that Mr. Moxon told Mr. Ingram andMr. Ingram was. once again.
18
19 intimidating me. I was paid a fee of $45.00 per day for my Deposition (See Exhibit 18).

20 Ciprtano-MovedTo Palm Springs, California By Moxon


21
Church Of Scientology International Headquarters
22
54. Immediately following my Deposition. I was moved to Palm Springs. California. to
23
get me away from Los Angeles. Mr. Moxon told me this was the Church of Scientology "witness
24
protection program" and that it was 15 miles from the International Headquarters for the Church Of
25
26 Scientology in Gilman Hot Springs. Under the promise that nowMr. Moxon would cover all

27 expenses and get Day Of The Child funded and off the ground. lleft Ms. Gregos and moved to Palm

28

Final - 8,4!99 2:04 PM 19


DECLARATION OF ROBERTJ. CIPRIANO

/;
~
:l
. i.
C~ ,

1 I

Springs. I had delivered the Deposition in the manner that they wanted and everyone was pleased so.
2
thiswas a reward.
3 I:
4 i' 55. In early July 1998. after I arrived in Palm Springs.T began work immediately on
i!
5 Ii preparing budgets for Day Of The Child. In phone conversations with Mr. Moxon I indicated that the
ii
6 budzet numbers for Dav Of The Child were corninz'- in around at about $520.000.00 for the first year.
',.....
' - ." ".' ,- -

7
He indicated that he had no problem with tha~. At this point I was staying in Palm Springs with a
8
friend named Donald Snodgrass waiting for.Mr. Moxon to providewhat he had promised. Mr.
9
Snodgrass and I were working extremely hard to obtain back up on the budgets so that we could get
10
Day Of The Child off the ground. We both waited week after week with nothing from Mr. Moxon.
11

12 CiprianoAnd Moxon Confrontation

13 56. Mr. Snodgrass became very enraged that I had been promised so much byScientology
14
and that 1.was being "jerked off'. Mr. Snodgrass contacted Mr. Moxon by telephone and told him to
15
"get his ass to Palm Springs" or Cipriano would disappear completely. Mr. Moxon told Mr.
16
Snodgrass that he would be in Palm Springs within a couple hours. I was very upset with Mr. Moxon
17
Scientology and anybody who had anything to do with the whole mess.
18

19 57. At approximately 5:30 P.M. Mr. Moxon. withMr. Ingram. arrived in Palm Springs at

20 Mr. Snodgrass' home. I had hand written a letter (Exhibit 19) for Mr. Moxon to read:

21 Lost Home
22
Lost Relationship
23
Lost Job
24
Lost Pav
25

26 Lost Promise

27 You Lost Me

28

Final - 8,4'99 2:04 PM 20


DECLARATION OF ROBERT J. CIPRIANO

i .'.
Mr. Moxon. Mr. Ingram and Mr. Snodgrass had a long conversation which ended wit
58.
2
Mr. Moxon telling Mr. Snodgrass to have me get in touch with him as soon as possible. Additionally.
3
4 ' Mr. Moxon wrote a message on my hand wrinen note (See Exhibit 19) apologizing and promising to

5 fix everything.

6 Mr. Moxon Rents Cipriano A Palm Springs Condo


7 i:
And Starts Sending Money Weekly To Cipriano
8
59. On or about the last week of July, 1998. Mr. Moxon told me to go and arrange an
9
apartment or condo for me to live in. I arranged for Palm Springs Rental Agency's Nancy Zachary to
10 I

show me 280 South Caballeros Unit 136. On July 27. 1998. Mr. Moxon completed the rental
11

12 application. sent $1074.00 to Palm Springs Rental Agency and signed a lease for the premises at

13 I S500.00 per month for 7 months. (See Exhibits 20. 21 & 22) Additionally, Mr. Moxon started

14
sending 5)200.00 to $400.00 every week or two via Western Union or Money Gram. Every month
15
thereafter Mr. Moxon would call me to his Los Angeles office and give me checks drawn on Moxon
16
8: Kobrin ranging in amounts between 5)500.00 to $1.000.00 for living expenses. groceries and Day
17
Of The Child. The checks would be made payable to me and I would go into a Wells Fargo bank
18

19 across the street from Mr. Moxon's office to cash each one. Mr. Moxon paid the monthly rental on

20 the condo directly to the Landlord.

21 Mr. Moxon Arranges For Free Legal Representation


22
For Cipriano In New Jersey For
23
Pending Probation Violation
24
60. On August 6th 1998. Mr. Moxon sent me a Federal Express with a lerter informing me
25
26 that \1[ Moxon had retained Lloyd Levenson. Esq .. in Atlantic City. New Jersey. free of charge to

27 me. to handle my problem there and for me to sign some documents pertaining to same. Mr. Moxon

28

Fmal- 8-199 20-1 PM 21


DECLARATION OF ROBERT J. CIPRIANO

u-
:"'~
I
...,
.
-'

1
wanted the legal problem in New Jersey erased and taken care of immediately so as to not help Mr.
2
Berry in the case Bem' Y. Cipriano. (See Exhibit 23)
3
Mr. Moxon Incorporated Day Of The Child
4

5 World Concert, Inc. In Nevada For Cipriano

6 And Names Himself As Director & Treasurer


7 Starts Paying Day Of The Child-Cipriano Expenses
8
61. In an email letter dated September 1. 1998. from Mr. Moxon to me. Mr. Moxon says
9
10 ! that he will pay for the Incorporation of Day Of The Child and indicates that his investors/donors are

definite prospects as soon as the application for non-profit is filed. Mr. Moxon and Scientology were
11

12 finally living up to their agreements with me regarding my testimony in Bem' Y. Cipriano and all the

13 other related cases.

14 62. In a letter dated September 3. 1998. Mr. Moxon indicated that he had paid the phone
15 '
bill and had placed a phone deposit so that Day Of The Child/Cipriano could stay in business. (See
16
Exhibit 14)
17
63. In an email letter dated September 8. 1998.Mr. Moxon made corrections to a
18

19 contemplated merger agreement between Children's Charities Of America and Day Of The Child.

20 Additionally. he requested information so that he/Scientology can file a tax-exempt application on

21 . behalf of Day Of The Child. (See Exhibit 25) Mr. Moxon never filed for the tax-exempt status. As a
22
result. Mr. Snodgrass and I retained a local Palm Springs accounting firm. Brabo. Carlsen & Cahill.
23
to prepare and submit the IRS application at a personal cost of $500.00. which was paid by Mr.
24
Snodgrass.
25

26
27

28

Final - 8,4'99 2:0-1 PM


DECLARA TION OF ROBERT J. CIPRIANO
-.:
~~~?I

Mr. Moxon Directs Cipriano To Star Magazine On


2
John Travolta & Michael Pattinson
3

4 !,i; Gay Relationship.Story."


I
Ii

5 I: 64. An article appeared in Star Mag:azine regarding John Travolta a and Michael
;.-i
6 Pattinson. an ex-Scientologist. wherein Mr. Pattinson claimed thatMr. Travolta and Scientology
i "

7 Ii
" deceived him into believing that Scientology could cure him of his homosexuality. Mr. Berry was
"
8
representing Mr. Pattinson in the lawsuit against the Church of Scientology. Mr. Moxon told me to
9
call the reporter. Martin Gould. and explain to him about Mr. Berry and my previous declaration. Mr.
10
11 Moxon went as far as to say magazines like the Star pay good mop:ey for such stories. I did call Mr.

12 Gould and told him about Mr. Berry as perMr. Moxon' s instructions but. to my knowledge. nothing

13 i came from it.

14
Mr. Moxon Attempts To Arrange For Barbara Reeves Of
15
Paul, Hastings, Janofsky & Walker To Become House Council
16
For Children's Charities Of America/Reveals That
17
Reeves Husband Is A Court Of Appeals Judge
18
19 65, In an email letter dated September 26. 1998. from Mr. Moxon to Ms. Betsy Reinking.

20 Executive, Director of Children' s Charities Of America. Mr. Moxon explained who Barbara Reeves

21
was and who her husband was. in hopes that Children's Charities Of America would retain her.
22
because Day Of The Child and Children's Charities Of America were joining forces to produce a
23
major concert event for charity. (See Exhibit 26)
2t.
66, Mr. Moxon wanted Betsy Reinking to know that Barbara Reeves' husband was an

26 appellate judge and that he was a friend of Scientology. Additionally. that Barbara Reeves would

27. work for Children Charities Of America for a nominal amount. much less than herregular fees.

28

Finai - 8~'99 2:04 PM ')~


-.)

DECLARATION OF ROBERT J. CIPRIANO


,r
\J
,i

because she wanted to do something where she was answering to a much higher God than the one sh

had been answering to.:

..., Mr. Moxon Leases a 1999 Saturn For Cipriano

5 67. On October 6th 1998. Mr. Moxon called and informed me that I could go get a new car

6 if I wanted. I immediately went to a Saturn dealer in Palm Springs and selected the auto that I

7 wanted. The salesperson at Saturn was given Mr. Moxon's phone number and Mr. Moxon was called.
8
Mr. Moxon arranged and closed the lease agreementin his name. and I drove the new Saturn off the.
9
lot 1\\'0 hours later. (See Exhibit 27)
10
Mr. Snodgrass Offers To Pay Cipriano's
11

12 Atlantic City Legal Obligation

13 Moxon Provides Bankwire Information


14 68. October 8th 1998. and after some numerous phone conversations between Mr. Moxon
15
and Mr. Snodgrass. Mr. Snodgrass offered to payoff my legal obligation in New Jersey. Mr. Moxon
16
provided bankwire information to Mr. Snodgrass. The communication angered Mr. Snodgrass
17
because he had offered only as much as it could be negotiated down to. Mr. Moxon wanted all the
18

19 money. S 18.500.00. wired into his trust account. Mr. Snodgrass then refused to help. (See Exhibit 28

20 Children's Charities Of America (CCA) Refuses To Enter

21 Into Agreement Due To Mr. Moxon's Participation &


22
Involvement With Day Of The Child
23
69. CCA and Day Of The Child had negotiated an agreement and the agreement was
24
being presented to CCA's Board Of Directors for approval in late November. 1998. One of the Board
25
26 members at CCA. Brian Morrison. Executive Director of Grant-A- Wish in New York City. had

27 discovered the information on the internet regarding Mr. Moxon and my Declaration. He convinced

22

Final- 8 -199 ~:O-1 PM 24


DECLARATION OF ROBERT J. CIPRIANO
~-~
I J
. ."

I
I

i
1 !,
~ the Board to stop all activities with Day Of The Child. He convinced the Board not to work in any
2
,.
i
I' manner with Day Of The Child. Additionally. Virginia Van Zandt, another CCA Board member had
3 ,
I:
i~ had a horrible experience with Mr. Moxon when Mr. Moxon had attacked actor Wayne Rodgers
4 II;
I:
5 "L (M.A.S.H) because Mr. Rogers had come out publicly against the Church Of Scientology. (See
i'I
6 Exhibit 29. 30 & 31 )
7 Mr. Moxon Arranged For $20,000.00 To Be
8 '
Transferred To Lloyd Levinson, Esq., the New Jersey
9 ,
i. Attorney Handling Cipriano's Legal Problem In New Jersey
10
70. On November 3rd 1998. Mr. Moxon asked that I come up to Los Angeles to meet with .
11

12 him at the 6255 Sunset office. During this visit he told me that he was very excited that we did not

13 need the Snodgrass money: that he was able to get $20~000.00 from someone whose identity he coul
i
14 not tell me. but that the person was very famous. Mr. Moxon said, "If anyone ever found out about
15
this I would be disbarred for sure." Of course. my being curious. I said. "Tom Cruise and Nicole
16
Kidman?" He said "No.' I said. "Kirstie?" He said. "No." I said. "Don't tell me. Travolta?" He said.
17
"Ok. I won't tell you it was John." I said. "Jesus. can we get him to be our national spokesperson for
18
19 Day Of The Child?" Mr. Moxon said to write a personal letter to Travolta and make it c/o Steve

20 Hayes. John Travolta's personal attorney and partner to Kendrick Moxon.

21 71. Mr. Moxon received $20.000.00 from John Travolta and wired or sent a check to
22
Lloyd Levenson. Esq .. in Atlantic City. New Jersey for $20.000.00. The outstanding amount due was
23
S 18.500.00.
2~
25
26
27
28

Final - 84!99 2:04 PM 25


DECLARATION OF ROBERT J. CIPRIANO
Mr. Moxon Arranged For Isadore Chait
2
to give $1,000.00 To Ciprianu/Day Of TheChild
3
4
i 72. In early November. 1998. Mr. Moxon called and asked me to send a series of Federal

5 I, Express leners (on Moxon & Kobrin's FedEx Account) to Clearwater. Florida. One of these was to
6 i' Timothy Bowles. another to Isadore Chait. The lener packages were regarding Day Of The Child. 0

7
Ii1:
November zo" 1998. I received a check from Mr. Moxon. from Isadore Chait. in the amount of
i
8 :.
i;" $1.000.00 made payable to Day Of The Child c/o Moxon & Kobrin 6155 Sunset Boulevard. Suite
!l
ii
9
"I: 2000. Los Angeles. California. (See Exhibit 32) I immediately opened an account at Bank Of
10 E
I
I America in the name of Day Of The Child and with the corporate address at 6255 'Sunset Boulevard.
11 I,
I,
il-
12 Suite 2000. Los Angeles.' California. and deposited it into same.
I
i.
I
13 I, Lloyd Levenson Calls Cipriano With Settlement Offer
I: .
I'

14 i . In Atlantic City, New Jersey Case


15
73. On December 22nd 1998. Mr. Levenson of Cooper .Perskie & Levenson law firm
16
!, called me and advised me that he was negotiating with the authorities in 'Atlantic City. New Jersey.
17
and he thought that he could get them down from the balance of$18.500.00 to around $12.000.00.
18

19 He indicated that Rick Moxon hadwired him $20.000.00 and that \-Vasmore than enough. He

20 indicated he would call back with the final offer. On December 23rd 1998. Mr. Levenson called me

21 again and told me he settled for $9.500.00 and he was happy. I agreed and said settle it. Later that
. .

22
day. we spoke again and he wired $2500.00 into Day Of The Child bank account. (See Exhibit 33.
23
34.35 & 36)ln the following month. on January. n" 1999. and January.. 25th 1999. he wired an
"

24
additional S 1.400.00 and $988.55 respectively into Day Of The Child bank account.
25
26
27
28

. Final - 84 '99 :!:04 PM 26


DECLARATION OF ROBERT J. CIPRIANO
Moxon Introduces Famous Scientologist
2
John Ryan To Cipriano
3
74. In early December. 1998. Mr. Moxon introduced Mr. John Ryan to me for the
4

5 purposes of joining Day Of The Child. Mr. Moxon explained that Mr. Ryan was a top executive at

6 Polygram Records. After meeting Mr. Ryan in Mr. Moxon's office. I realized that he was a record

7 producer. however did not work for Polygram Records. instead had a home business called Chicago
8
Kid Productions. I learned that Mr. Ryan had been a record producer for STYX. in the 1970's and ha
9
, been involved withother projects. Mr. Ryan agreed that Day Of The Child was a great project.
10
however in our selection process for beneficiary children' s charities that we needed to select certain
11

12 charities that stood up against.the mental health establishment. Mr. Ryan demanded that Day Of The

13 Child endorse Scientology organizations that were supporting the attacks. lawsuits and other tactics

14
against the use of Ritalin with children. I became very disturbed with Mr. Ryan's wanting to
15
exchange his services for Day Of The Child supporting Scientology based causes.
16
75. During this same visit to Mr. Moxon' s office with Mr. Ryan. Mr. Steven Lewis called
17
for Mr. Moxon. Judy Ross advised Mr. Moxon that Mr. Lewis was on the phone. Mr. Moxon said ok
18
19 thank you to Judy Ross and looked to me and said. "Watch this." From the tone of Mr. Moxon's voic

20 while talking with Mr. Lewis. it was obvious to me that they were having fun. Mr. Moxon kept

21 . looking back at me and smiling. Mr. Moxon was asking questions regarding Mr. Berry: where he
22
kept various things. and what was his response to this thing and that thing. After the telephone
23
conversation ended between Mr. Lewis and Mr. Moxon. Mr. Moxon said. "I forgot to tell you that

Lewis and Scali decided to terminate their law practice with Berry and they want.to work with us." I
25

26 was truly amazed at the turn of events. Mr. Moxon indicated that he was getting "dirty laundry" fro

27 \1r. Lewis on Mr. Berry. In fact. Mr. Moxon said Mr. Lewis was seeking advice from Mr. Moxon on

28

Fmal- 84'992:04 PM "27


DECLARATION OF ROBERT J. CIPRIANO
'"'"'
I."
.
-e-,
C .
/~

~/

1
how to ~
!let out from under Mr. Berrv's
- request that Mr. Lewis remain in place as council for Mr.
2 .

Berry.
3

4 76. In mid December. 1998. Mr. Moxon. Mr. Ryan and I had another meeting. wherein

5 they both introduced me to the Scientology based "Org. [Organization] System". Mr. Moxon typed it

6 out and printed a copy which was handed tome. Mr. Ryanwas demanding that Mr. Moxon and he
7
could fill in each of the Org. departments with Scientology personnel. which would leave me out of
8
the picture. other than as an ambassadorial representative.
9
77. In late December. 1998. I held a Day Of The Cl1il9 Christmas Party in Palm Springs.
10

11 Mr. Moxon and Mr. Ryan attended. Mr. Ryan and Mr. Moxon took me outside for approximately 30

12 minutes and berated me on how Scientology could take over Day Of The Child.

13 All Financial Activities Between Cipriano & Moxon


14
Conducted Through Day Of The Child
15
'World Concert, Inc. Bank Of America Account
16
78. BetweenNovember. 1998. and June. 1999. most ifnot all of the transactions.
17
financially and professionally. were handled through Day Of The .Child World Concert. Inc.' s bank
18
19 account. (See. Exhibit 37)

20 Mr. Moxon Purchases A


21 Packard-Bell Computer For Cipriano
22 th
79. On December 17 . 1998. Mr. Moxon purchased at Packard-Bell Computer for me on
23
one of his credit cards from Circuit City in Hollywood. (See Exhibit 38) The charge was
24
approximately $1.000.00 for the CPC. monitor and printer. Mr. Moxon helped me carry it to my car.
25

26 and I returned him to his office.

27

28

Final - 8'4'992:04 PM 28
DECLARA TION OF ROBERT J. CIPRIANO
i

Moxon Handled Custody Matter For

. Cipriano's Girlfriend Leslie Lamborn

.., 80. In January. 1999. Mr. Moxon advised and created a Stipulation Of The Parties

5 between Leslie Keene Lamborn. my girlfriend and Jeff Appel her ex-boyfriend. on my behalf. free 0

6 charge. (See Exhibit 39)


7
Mr. Ingram, Mr. MoxonAnd Cipriano Have
8
Meeting At Moxon's Office
9
To Talk About Michael Hurtado And
10
Other Acts Against Mr. Berry
11

12 81. .
In early. Januarv 1999. I was called to a meeting at Mr. Moxon's office where Mr.

13 Ingram was waiting for me. At this meeting. I learned from Mr. Ingram. in front of Mr. Moxon, that

14
he and a group of Scientologists had plastered Mr. Berry' s neighborhood with hate flyers. advising
15
everyone in his neighborhood that Mr. Berry was a pedophile. Mr. Ingram also told me about having
16
spies and operatives in a gay nightclub called Numbers in Los Angeles. He also told me. that there
17
was a young man named Mr. Hurtado who Mr. Ingram had found who would say that he went home
18
19 with Mr. Berry and a couple underage boys one night. Further that Mr. Berry drugged the boys and

20 had sex with them in front of Mr. Hurtado. Mr. Ingram also stated that Mr. Berry was exchanging

21 'legal services for sex with this Mr. Hurtado person and that Mr. Ingram was going to file a Bar
22
Complaint.
23
82. Furthermore. Mr. Ingram stated that Mr. Berry was trying to sue Mr. Ingram and coul
24
not serve him. Mr. Ingram laughed at that thought. claiming that Mr. Berry did not know what he
25

26 looked liked and has been as close a five inches from Mr. Berry on numerous occasions without Mr.

27

28

Final - 84'99 ::04 PM 29


DECLARATION OF ROBERT J. CIPRIANO
1
Berrv knowina. Mr. Inzram also said. "The litigation and scare tactics against Mr. Berry were just to
2 .. - -- -.
3: ;.
make him go away and leave the Church of Scientology alone."
i'
i: Mr. Ingram said that Mr. Berry had a roommate who was on the cover of some gay
4 :. 83.
l.
;.

5 ; porno magazine and that Mr. Ingram was looking for information on the publisher of that type of

6 : . magazine to ascertain how old the roommate was when the pictures were taken.
7
Moxon & Ingram Have Cipriano
8
Infiltrate Los Angeles Youth Center
9
84. As part of my Day Of The Child day to day activities. I would routinely interview
10

11 children's charities to review their operations. This is a process that must be conducted in order for

12 them to be a beneficiary of the proceeds of our events. I interviewed a gentleman named Jason

13 Whitman who organized and manages The Los Angeles Youth Council on Santa Monica Blvd .. in
14
Vi est Hollywood The LA Youth Council works with males who are caught up with gay street
15
prostitution. It anempts to provide them with a career. housing and guidance .
. 16
85. Mr. Moxon and Mr. Ingram thought it would be a good idea to have Mr. Whitman.
17

18 who works with numerous male prostitutes talk to the young men and distribute flyers with a picture

19 of Mr. Berry around West Hollywood. If anyone knew of Mr. Berry or had any information on him

20 they were guided to call a number on the flyer. The information would be passed on to Mr. Ingram.

21
for use by Mr. Moxon against Mr. Berry. A young man came forward named Anthony Apodaca, wh
22
said he knew of or had seen Mr. Berry. This information was passed on to Mr. Ingram and Mr.
23
\loxon and Mr. Ingram was sent to meet with Mr. Apodaca to obtain a Declaration: Mr. Whitman
2~

25 told me in a telephone conversation in May 1999 that Mr. Ingram took Mr. Apodaca to a hotel room,

26 threatened him and paid him $300.00 for a Declaration. I do not know if a Declaration was obtained

27

2S

Final - 8 4'99 2:04 PM 30


DECLARA nON OF ROBERT J. CIPRIANO
I
I
I
I
I

2 j~r filed: however. I do know that.Mr. Apodaca was terrified and went in to hiding or disappeared at

Ilthat same time. .


3/ Moxon Rents 5 Bedroom House
41 i
j
For Cipriano & Lamborn In Palm Springs, California
5 i
lh
6 I!I: 86. On Januarv6
. - ..
1999.Mr. Moxon moved both Leslie Lamborn and me to 1050 Racquet

7 II Club Road in Palm Springs. Mr. Moxon signed the lease. "Kendrick Moxon for Leslie and Robert
8 i; .
Ii Cipriano as occupants." The rent was $l.295.00 per, month and the lease ran for one year. (See
9 'I . . .
IEXhibits40, 41, 42.43)
10 /i
I 87. In late January. 1999. Ms. Lamborn and I had serious differences and Mr. Moxon
111
I asked Ms. Lamborn and me to meet him and Mr. Ryan at a restaurant. in Malibu and then proceeded
12 i
13 I to go to a secluded beach front in Malibu. California. Mr. Moxon and Mr. Ryan wanted me close to
i
14 II them and away from Leslie LambomandDonald Snodgrass. I moved out of the house at the request

15 Ii ofMr.
ii ". Moxon and back to Los Angeles. where I moved
., into a friends'
:-.,-. house near Marina Del". Rev.

16
L
Berry.Dismissed Cipriano Case
17 ji
i.
I 88. Mr. Moxon called me in early February. 1999 and advised me that Mr. Berry had
18
dismissed Krim and was about to dismiss me in his action. Imet with Mr. Moxon the next day and
19

20 had him discuss the legal jargon regarding the dismissal. Mr. Moxon said that the lawsuit was over

21 .forme. I asked him. "Can Mr. Berry every come back and re-file?" Mr. Moxon said. "No."

22 89. I was also informed by Mr. Moxon that they had attached Mr. Berry's bank accounts
23
and that Mr. Berry was leaving the country for good. Furthermore, that. "Scientology finally achieved
24
what they wanted." I said. "Well then I served my purpose?" He said. "You certainly did."
25
26

27

28
Final - 8,4'992:04 PM 31
DECLARATION OF ROBERTJ. CIPRIANO
,~

Q-........ r---
,
C
I,
I
I
/

,
II

1 I' 90. I had finally come to the conclusion that Scientology had no plan on keeping their
2 ,: '
ipromises to me other than small handouts from time to time. Ihad come to terms that it was all a
3 jI . .
'gam~ for Scientology and they had what they wanted. .'
4 I
5 I 91. On March s" 1999, Mr. Moxon asked me to work as an operative for Scientology on

6 iECT. a company that manufactures and distributes electro-shock machines used by mental health
If .'

7 /lracilities. (See Exhibit 44) Mr. Moxon wanted me to obtain internal documents from The State
I' . .'
8 "
I'
Ii Department Of Mental Health. VA Hospital, UCLA, and various other hospitals. these documents
II .
9 II included approved consent forms. I told him. "I will think about it. that I had just about had it with
10
Scientology and all of its games,"
11
92. On or about March Ith1999. I received a call from my friend. in Palm Springs.
12
13 Donald Snodgrass. He advised me that he had a partnership with Lassen Galleries and was ready to
I .
14 I open an art gallery in Palm Springs. He asked me to come back to Palm Springs and assist him in
!
15 ,i running
I.
the gallery. Since I was receiving no help. calls or any assistance from Mr. Moxon. I decided
ii
16 ii to take the offer. I moved back to Palm Springs on or about March Ith 1999. and began to work with
17 ii ' .
Ii Mr. Snodgrass. Mr. Moxon and I had two or three email and phone communications between March
18 I' .
:i 1:;lh1999. and June. 1999. I advised Mr. Moxon of my move to Palm Springs. I requested that Mr.
19
"
i
20 !1 Moxon give me and the BoardOfDirectors animmediate resignation from Day Of The Child World
ii
I'
21 :!Concert. Inc. Mr. Moxon provided the resignation.
. ' .

I'
lh
22 i! 93. On March 20 1999. I emailed Mr. Moxon responding to a phone message from him. I

23
i;
!~
advised him of my need for monies as per our previous agreement. I state in the last line. "I also'
- .
24 Ii .
:: think that I was there for the cause-IOO% and by allappearances-everyone should be pretty
25 I:: . . .
'I;: happywith my performance." (See Exhibit 45) On March 2151 1999. Mr. Moxon emailed me in
26 !, '

27 I!
ii return with. "Got It. Please give me a call so we can handle the details." (See Exhibit 46).
i, ~
28 Ii
Ii Final - 84 '992:04 PM
It DECLARATION OF ROBERT J. CIPRIANO
It
1
94. May and June. 1999. I spent in Palm Springs trying to get out from under the 1050
2 .1

jiRacquet Club Road house and keep Day Of The Child up and running. I informed Mr. Moxon in an
3 I .
lemail dated May io" 1999.that I had a possible new partner named Roy Webb and we were-working
4 I
5 Ion an agreement. Mr. .Moxon indicated that the house needed to be resolved. (See Exhibit 47)

6 ii 95. FinallyonJune th 1999. I sent my last email to Mr. Moxon begging for food and gas

7 Ii rnoney.J advised him that Day Of The Child was in Roy Webb'shands and that I was moving the

8 ii operation up to Anaheim tokeepDayOf The Child alive. I asked for $500.00. Mr. Moxon sent
9 Ii .
'I $195.00 by Western Union. (See Exhibit 48) Mr. Webb called Mr. Moxon after my move to Anaheim
10 II
Ii
11 and requested $1.000.00 fat me to restart my life after the past several years. and Ms. Judy Ross: Mr.

12 I Moxon's legal secretary, arranged fora check to be made payableto Professional Management. Roy
I
13 I Webb's company. in the aITl0unt of $800.00.
'II,
14 Ii 96. This was the last communication with Mr. Moxon that we had other than Mr. Moxon's
li
15 Ii call inc
!. .. Mr.,", Webb in early. Julv
/',_.. and
" asked him.
- . "How is Robert's /,. health?"
: In earlv. to mid July.
. I was
16
I!contacted by Joanne Weaton. Eugene Ingram's Scientology operative. via email. I was contacted and
17 j: ..., . ,

::responded to Erla Hawkins. who.is with theIAS (IntemationalAssociation Of Scientologists) (See


18
Exhibit49l. who requested that 1 take a position as head of public relations fora Scientology
19
nd
20 : "crusade" in Europe starting July 22 1999. The position was for no pay and only a one-way ticket to

21 !:,:: Europe plus accommodations. Ms. ErlaHawkins


.
attempted to have me meet heron
,'
a Saturdav.

22 i, afternoon in an old. unmarked apartment in an unmarked building behind a schoolhouse and L. Ron
23
Hubbard Way. It is my full belief that if I had attended that phony meeting, I may never have come
24

25
Since them I have been under surveillance and am followed daily by various autos. In
26
27 cone Iusion. I cannot stress enough that the acts .of this fanatic organization
.-
and its lawvers
. and

28
Final - 8-1'99 2:04 PM 33
DECLARATION OF ROBERT J. CIPRIANO
officials have caused serious harm to me and to my organization, Day Of The Child. I organized.

created and built Day Of The Child to assist hundreds of authentic children's charities in the United
3
:5 tates. The acts of Kendrick Moxon and Eugene Ingram as lawyer and operative for the Church of
4

5 ;!Scientology and its many divisions have been literally grossly offensive and illegal. As a result of

6 utheir actions. Day Of The Child has been refused a general 501 c (3) status. which turned one of the

7 !j foremost fundraising concert events into nothing more than a waste of time. The Church of
8
!IScientology has turned 500 children's charities one-chance fortune to share equally in a global event's
9 ji
!i income into broken promises to every child in America that depends on the deeds of people who

111 II trulv care.


11 .

12 I 98. Furthennore. I have learned in the past two to three months that the deepness of
I
13 I Scientology's terror reaches into the lives of children. which I will never stand bv and tolerate. I have
II - .. .. -
14 illearned
I;
that children are held in paramilitary . camps and are forced to suffer cruel and inhuman acts

15 Ii while
];
under the armed guards of Scientology. This may be a customary practice in Scientology.
16 i.
!i however this violates every human rights issue and federal and state law in place today that protects
17 j

Ii children in America. It must be stopped immediately.


18 '
;i 99.
19 . Day Of The Child may have been defiled. if not devastated by' the actions of the
I; .
20 i! Church Of SCIentology. however my resolve to assist any child in need can notbe deterred. It is my
!!
21 Ii most sacred desire that this Declaration will bring attention by the proper law enforcement agencies
H
t ;

22 i! to
!.
investigate and prosecute these monsters.
23 ,.
i 100. I personally became the subject of a bloodthirsty scheme of "dead agenting" and "fair
Ii
24 I'
:i game" between the ChurchOfScientology and Mr. Graham E. Berry. a lawyer who subjects himself
25 I:
:.

26 i~to the vengeance and destructive actions of Scientology. It is absolutely obvious that Scientology
!i

27 i1 conducted one of the most severe "fair game" campaigns upon and to Mr. Berry in order to

34
DE CLARA TION OF ROBERT J. CIPRIANO
~ ..
"

I
I
biSCOUrage him from further anti-Scientology litigation. It is obvious that Mr. Berry has had his entire
2 i
i
~ersonallife. false or not. broadcast across the world by the acts ofMr. Ingram and Mr. Moxon.
3/
10 1. Attached hereto as Exhibit 50 is a true and correct copy of a declaration and exhibits
4 i
I,
5 !thatI executed on July 16, 1999. I hereby confirm the contents thereof as being true and correct both
;

6 [then and now. however since that time. and after having reviewed all of my related files. letters. email

7 Ii communications and financial records. I have incorporated the July 16. 1999. declaration with this

8 /i final and complete Declaration. . . '


9 'I ,.
I declare under penalty of perjury under the laws of the United States Of America and the
10
I
I State of California that the foregoing is true and correct. '
11 ! ~ Act-
12 I Executed thisfth day of August 1999 in Santa Monica. California.

131 ~V' W
I
14 !
I:Ii
15 :;
,:
jl

16 i-
I:
I,

17 Ii
.'

18 !i:
19

20 ;
,

21 !
22

23
24
r.
25 .'

26

27 ,:

28 ;,
i\
Ii Final- 8!4'99 2:04 PM
I: 35
II
I'
i'
DECLARA nON OF ROBERT J. CIPRIANO