Paul Maser affidavit (Clearwater police, 1995)
cultxpt
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CITY OF CLEARWATER and
SIDNEY R. KLEIN, Chief of
Police, Clearwater Police
Department,
Plaintiffs,
vs. Case No.
94-292-CN-T-24A
CHURCH OF SCIENTOLOGY FLAG
SERVICE ORGANIZATION, INC.,
Defendant.
AFFIDAVlT 0F PAUL MASER
STATE OF FLORIDA COUNTY OF PINELLAS
I, Paul Maser, being duly sworn, deposes and says of my own personal
knowledge
and belief that:
1 . He is employed by the Clearwater Police Department and has
been,
so employed for 20 years. He holds the rank of captain and has held
this
rank, for approximately 2 years.
2. He has been involved in criminal investigations being conducted by
the
Clearwater Police Department and other local law enforcement agencies
since
October, 1974.
3. He has directed Clearwater's investigations into allegations of
criminal
activities by the Church of Scientology since approximately January,
1987.
He has reviewed the Defendant's interrogatories pertinent to this
matter
and has reviewed the records of the Clearwater Police Department
providing
information to support answers to those interrogatories.
Affidavit
4. Affiant states that the qualified privileges asserted in
response
to certain of the Defendant's interrogatories have been asserted in
good
faith, with the intent to protect from disclosure the identity of
governmental
informers, information pertaining to ongoing criminal investigations,
information that may reflect policy and deliberative processes of the
Clearwater Police Department, and matters of tactical intelligence
involving current investigatory techniques.
5. Presently, the only individual within the Clearwater Police
Department
invoIved with the Church of Scientology investigation or having access
to
the files gathered during the Church of Scientology investigation are
those
persons who are in our undercover investigative unit. These individuals
assisted
me in the preparation of the responses to the interrogatories from the
Church
of Scientology.
6. Clearwater Police Department's undercover police officers are
involved
in and responsible for ongoing investigations into many matters,
including
narcotics and organized crime among others.
7. Disclosure of the names of undercover officers of the Clearwater
Police
Department would defeat the status of those officers as undercover
police
officers, as they would no Ionger be able to serve in that capacity.
Additionally, disclosure of their names would compromise the safety of
these individuals as well as the safety of their families in regards to
the possibility of retribution from individuals and organizations
previously investigated and in regards to subjects of active
investigations.
8. Individuals who have investigated the Church of Scientology and
detractors of the Church of Scientology have in the past been subject
to harassment tactics by the Church. Harassment and intimidation is
authorized by the Church under the Fair Game Law, as dictated by L. Ron
Hubbard founder of the Church of Scientology. (See Exhibit A). Under
the Fair Game Law, the homes, property, places and abodes of persons
who have been active in attempting to suppress Scientology or
Scientologists are beyond any protection of Scientology Ethics, unless
absolved by later Ethics or amnesty.
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9. Under the Church of Scientology's Fair Game Law, an enemy of
the
Church may be deprived of property or injured by any means by any
Scientologist
without any discipline of the Scientologist. Furthermore, Church
documents
indicate that enemies of the Church may be tricked, sued or lied to or
destroyed
(See Exhibit B).
10. Affiant further states that he is aware of other Church
documents
which label those persons investigating the Church as attackers. As
such,
Church documents authorize Scientologists to harass such attackers.
(See
Exhibit C).
11. Affiant further states that although the Church of Scientology
has
publicly renounced its Fair Game Law, another Church document, the
Integrity
of Source indicates indicates that only L. Ron Hubbard can renounce
such
policy. (Set Exhibit D and E).
12. In the fall of 1992, I attended a national conference of the
Cult
Awareness Network ("CAN"). I attended this meeting for informational
purposes,
seeking information on cults generally, and seeking further information
as
to the operational activities of CAN. I attended this conference in an
undercover capacity. While at this conference, an individual, Eugene
Ingram, whom I know to be an agent of the Church of Scientology,
identified me as a Clearwater Police Officer to a group of his
associates, whom I believe were Scientologists. Mr. Ingram stated to me
that I was "out of my league." For the remainder of my time at this
coinference, I was harassed by Mr. Ingram and his associates
continuously. I could not speak with other conference attendees without
having a Church of Scientology member linger nearby in an attempt to
overhear my conversation. Additionally, I had my picture taken
repeatedly by members of the Church of Scientology. It was clear to me
that the agent for the Church of Scientology and the individuals
associated with him were trying to intimidate me.
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13. At subsequent national conferences attended by other City of
Clearwater
Police Officers, I am aware of incidents in which those officers were
harassed
in the same manner that I was. Additionally, two City of Clearwater
Police
Officers, whose photographs were surreptitiously taken by Church
members,
had their pictures published in a national Church of Scientology
publication.
14. Affiant is personally aware of actual incidents and reports of
incidents
where harassment has been practiced by the Church of Scientology
against
its detractors. Affiant is also aware of such incidents occurring
elsewhere.
(As partial examples thereof, see Exhibits F, G, H and I). Therefore,
affiant believes that harassment would be imminent against all
informers
who have provided evidence against the Church of Scientology in the
criminal
investigations. Furthermore, affiant believes that harassment wouId be
certain
and imminent against all police officers within the Clearwater Police
Department
who have engaged in investigations of the Church of Scientology. To
reveal
the names of relevant witnesses and Clearwater Police Department
undercover
investigators would thus have a chilling effect on present and future
criminal
investigations by the City of Clearwater Police Department.
15. Affiant further states that he is aware that the Church of
Scientology
conducts extensive investigations into its detractors. The results of
these
investigations are assembled into packages of information which are
distributed
throughout the Church and are also provided unsolicited to individuals
outside
of the Church. (See Exhibits J and K). As such, revealing the names of
informers and investigators to the Church of Scientology would lead to
an
invasion of the privacy rights of the police officers and informers.
16. Affiant states that disclosure of the City of Clearwater Police
Department's
methods and procedures by which files of the Church of Scientology were
compiled
and the justification for maintaining those files will compromise the
effectiveness of the Police Department to engage in law enforcement
because it would reveal Clearwater Police Department investigative
tactics to the Church of Scientology. The City of Clearwater Police
Department
4
intermittently receives complaints about activities of a criminal
nature
regarding the Church of Scientology which has warranted ongoing
investigations
of the Church. Due to the well documented harassment tactics of the
Church,
disclosure of the names of informants would seriously jeopardize the
ability
of the Police Department to perform future investigations into not only
the
Church but other organizations since informers would be unwilliig to
provide
the Police Department with information for fear of harassment.
Additionally,
disclosure of the specific means by which the Clearwater Police
Department
investigates suspected criminal entities and the deliberative processes
of
the Department will only educate those entities as to how to better
avoid
law enforcement efforts. This educational process will seriously hurt
our
effectivness to detect and prevent future crimes. Although many of the
cIaims
received by the Police Department against the Church are o1d and
therefore
not active, due to the ongoing intermittent receipt of complaints
against
the Church, the Police Department continues to perform interligence
gathering
concerning activities of the Church of Scientology.
17. Affiant is aware that other law enforcement agencies have
performed
investigations into the Church. Disclosure of the names of those law
enforcement
agencies would compromise the effectiveness and the future
investigations
of other law enforcement agencies performing such investigations.
18.In some cases, the Clearwater Police Department's investigation
of
large institutions may span many years before enough information is
compiled
to file criminal charges. Accordingly, other law enforcement agencies
have
much time and effort invested in their investigations which could be
seriously
jeopardized by revealing the names of those entities.
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FURTHER AFFIANT SAYETH NAUGHT.
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this 2 day of Feb.,
1995,
by Capt. Paul Maser, who is personally known to me or who has produced
____________________
as identification and who did take an oath.
W.L.Goatcher
Notary Public, State of Florida
Commission No. CC 227937