Reports of the Raid In Progress

Tom Klemesrud is the BBS operator who provides network access to Dennis Erlich, victim of a previous Scientology raid.

Announcment That Lerma Is Currently Being Raided

From tomklem@netcom.com Sat Aug 12 18:47:33 EDT 1995
Article: 97616 of alt.religion.scientology
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From: tomklem@netcom.com (Tom Klemesrud)
Subject: Re: Lerma is Raided!!!
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Armed with a Federal Writ of Seizure, Church of Scientology attorneys
Earl C. Cooley of Boston, and Helena K. Kobrin on North Hollywood, CA;
are raiding the Arlington, Virginia house of Arlnaldo Lerma, a former 
Scientology.  What they are seeking is material legally obtained from the 
Federal Courthouse in Los Angeles--the Fishman case--in which the upper 
level material, the secret, sacrid scriptures of the Cult, are revealed.
It is alleged that Lerma posted the Court documents, that are unsealed,
on Usenet.

Accompanying the two attorney's are two armed Federal Marshals, and six 
other people included two computer technicians.  "The are upstairs and 
downstairs in the house.

Lerma is having the whole raid videotaped, for presentation on TV, or
the evening news.  There will be news coverage.  No news of who the 
Federal Judge is that issued the order, or if the Judge knew that the 
materials sought were given to Lerma, or Lerma's source by the Clerk of 
the Federal Court in Los Angeles.

						Tom Klemesrud SP5
						KoX
Somebody post Lerma's Home phone
number, and address for the news media.

Description of the Raid

Article 97685 of alt.religion.scientology:
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From: tom.klemesrud@support.com
Subject: Lerma is Raided!!!
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Writ of Seizure was issued by Judge Lennie M. Brinkema of the
Eastern District of Virginia.  Civil action No. 95-1107A issued
August 11, 1995.

The raid took place from 9:30 am to 12:15 pm EDT.  Lerma told
the Federal Marshals that they had to wait until Lerma's attorney
arrived.  The Marshals, one of which was N. David Williams, said
they did not have to wait for Lerma's attorney.

What was taken:

His whole computer, with 550 megabyte hard drive that included
Lerma's business clients, invoices, personal letters, spread
sheets, proposals, and archives of ARS traffic including a
private E-mail list.

The Scientologists took pictures of his house and videotaped the
raid.  Arnie Lerma also videotaped the videotaping of the raid,
and the raid.

Waren McShane was present with Earl C. Cooley and Helena Kobrin.
They had two men from INET (Interprise Network Solutions of
Betheda, MD.):  James C. Settle, Director of Information
Security, and Ronald d. Tencati.

Also present was attorney Chad Dunn of Williams and Brinks of
Arlington, VA.

On the Writ of Seizure it appears that Arnaldo Pagliarini Lerma,
and Individual; and DIGITAL GATEWAY SYSTEMS, a Virginia
Corporation, is being sued for Copyright Infringement, and Trade
Secret Misappropriation.

Exhibit A

LIST OF UNPUBLISHED LITERARY WORKS

OT I                           REG NUMBER 303382
OT II                                     303388
OT III                                    290496
OT IV                          REG PENDING 
OT V                           REG PENDING
OT VI                          REG PENDING
OT VII                         REG PENDING

Affidavits of Warren McShane, Helena K. Kobrin, and Susan Taylor
where submitted in support of the request for a Writ of Seizure.

More to follow.

Tom

Comments on the Writ of Seizure

Article 97756 of alt.religion.scientology:
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From: tomklem@netcom.com (Tom Klemesrud)
Subject: Lerma is Raided!!!
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In reviewing the Writ of Seizure from Federal Judge Leonie M. Brinkema,
I see that the judge did not allow everything that the Scientologists 
wanted to do.  There are two paragraphs that she crossed out and initialed.

She allowed them to go to his house and take "all copies, reproductions, 
or embodiments of all or any part of the literary works identified on 
Exhibit A to the complaint ... including any computer disks and printed 
materials; all plates, molds, matrices, masters, tapes, or other articles 
by which such copies, reproductions, or embodiments may be reproduced; 
any articles and things that appear to be works of L. Ron Hubbard 
protected by copyrights; optical scanning equipments; [sic] and all 
personal computers (including all ancillary equipment and disk drives, 
disks and other things with memory capacity) found at or within the 
above-described locations..."

The judge did not allow the scientologists to go "elsewhere where 
defendant Lerma or any such agents and persons may be found in the 
territory in which you may serve this Writ, including any building, annex 
or other structure adjacent to or on the premises identified above ..."
The judge scratched that part off.

Lerma is a video editor.  Support Lerma was editing news at CNN?
Thank god this request was struck.

The final paragraph in the Writ of Seizure was also scribbled out and 
initialed by Judge Brinkema:  "YOU ARE FURTHER DIRECTED to make repeated 
seizures or attempted seizures of the above described articles upon being 
advised by counsel for plaintiff that new or additional infringing 
articles have been located or placed in the possession or under the 
control of the defendant Lerma, or of any agent of or persons acting in 
concert with the defendant."

With the above paragraph, the Cult could pretty much pick their target 
anywhere in the U.S. -- as long as they told the judge that the Internet 
users were acting in "concert" with defendant Lerma.  Isn't all of 
Internet kind of like a music concert?

						Tom Klemesrud SP5
						Kox

Lerma's Private Correspondence Compromised

Article 97666 of alt.religion.scientology:
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From: wbarwell@Starbase.NeoSoft.COM (William Barwell)
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Keywords: Lerma raid

In article ,
shelley thomson  wrote:
>Citizens of the Net:
>
>	You already know that this morning Arnie Lerma was raided by 
>representatives of the Church of Scientology.  His home was entered and 
>ransacked by a team of some ten people, including Helena Kobrin and Earle 
>Cooley in person.  The court order enabling this action was signed by 
>Judge Leona Brinkman (spelling not guaranteed) of the Eastern District 
>Circuit Court.  
>
>	What you may not know is that the Church took Lerma's business 
>records, correspondence, telephone lists, etc..  **Anyone who has 
>had private correspondence or telephone conversations with Arnie Lerma 
>now risks being visited by the cult.**  


I doubt this is allowable under the terms of the writ of seizure against 
Alerma for his posting of the Fishman Documents.  Sounds like illegal 
action to me.  They did this to Dennis, too.
Now this establishes a record for the RTC and it's lawyers.
A pattern.  A pattern of illegality.

It will cost them evetually.
I hope dearly.

Pope Charles
SubGenius Pope Of Houston
Slack!

Lerma's Computer Files Delivered to The Scientologists

Article 97792 of alt.religion.scientology:
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From: tom.klemesrud@support.com
Subject: Lerma is Raided!!!
Message-ID: <9508121347.0JDIK02@support.com>
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A lurker asked:

>Does the stuff seized go directly to the clams for inspection, or can
>lerma request that the marshals seal it and keep it for the time being?


They took it all.  They were directed in the Writ "to hold the articles
so seized in a safe place and to forthwith deliver all such articles
to the custody of counsel for the plaintiff ..."

                                               Tom Klemesrud SP5


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