DECLARATION OF STEVEN FISHMAN
I, Steven Fishamn, declare as follows:
1. I have personal knowledge of the facts stated herein,
unless stated on information and belief, and if called upon
to testify to those facts I could and would competently
do so.
2. I am a Defendant in the case of Church of Scientology
v. Steven Fishman and Uwe W. Geertz. I am currently serving a
five year sentence for mail fraud and I am under the direct
custody of the Bureau of Prisons. I am currently housed in
Dismas House, a "half-way haouse" run by the Bureau of
Prisons, and under the direct supervision of the Community
Corrections Manager of the Southern District of Florida.
My release date from incarceratyion is June 28, 1993.
3. I am prohibited from leaving the Southern District
of Florida during my incarceration. After my period of
incarceration, I will be under the supervision of the
United States Parole Commission, from June 29, 1993 until
November 28, 1993, and I am prohibited from leaving the
Southern District of Florida. After my period of Parole,
I will be under the supervision of the United
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States Probation Office, from November 29, 1993 until
November 28, 1995, and I am prohibited from leaving the
Southern District of Florida, without permission of the
United States Probation Office or as ordered by the Court.
4. Due to the period of incarceration, parole and
supervised release, it is very difficult if not impossible
for me to conduct discovery and/or prepare for trial which
is tentatively scheduled to occur in the summer of 1993.
The trial is scheduled to take place in the Central
istrict of California.
5. This very Court in this very action declared
me indigent -pursuant to a Motion to Proceed in Forma
Pauperis signed by the honorable Judge Harry L. Hupp on May
28, 1992.
6. My financial condition is still indigent. I
am employed as a receptionist and data entry clerk at the
wage of $ 5.00 per hour. My gross pay is $ 200.00 per
week, as I work a forty hour week. My net pay after
deductions is $ 164.00 per week. Out of that check I
pay $ 50.00 In subsistence payments to the Dismas House,
and I make child support payments of $ 41.00 per week to my
ex-wife, Jaime Lee Nureyev, in order to help support my two
minor children. I further make a monthly non-committed
fine payment of $ 25.00 to the Debt Collection Unit of the
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Northern District of California and I contribute $ 20.00
per week to the support of My father, Jack Fishman, who is
also destitute and has been adjudicated bankrupt by the
Southern District of Florida, and is living only on his
social security chock. I wish the Court to know that I am
indigent and destitute and besides not being able to afford
the cost of bringing witnesses to testify at trial in the
Central District of Cdlifornia I cannot afford even a
plane ticket or money for a hotel room to come out there
for the trial myself.
7. I cannot afford nor have I been able to afford to
conduct discovery in this case, nor to issue subpoenas,
hire court reporters etc., in the Central District of
California, a jurisdiction which is convenient for the
Plaintiff but not for myself as a Defendant in this case.
8. Although my ability to conduct discovery in
either jurisdiction is impossible due to my financial
circumstances I ask the Court to recognize my right to
attend My own trial as the Defendant, which would be
impossible in California unless my traveling and hotel
expenses were paid for by the Plaintiff or my co-Defendant,
and I do not wish to be a burden upon either of them. If
the case were transferred to the Southern District of
Florida under 28 U.S.C. 1404(m), I would be able to attend
my trial as the Defendant in this case since no travel or
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hotel expenses are involved.
9. 1 do not expect my financial situation to change
in the foreseeable future. I also still personally owe in
excess of $ 10,000 in credit card debt, some of which I
used to purchase books and tapes from bridge Publications
Inc., the publishing house of the Church of Scientology,
while I was still brainwashed and under the mind control of
the Scientology cult.
10. I have been ordered by Counselor Roxana Boyco and
Director Tammy Jodway of Dismas House, as well as Mr.
Conrad Lopez of the Bureau of Prisons to begin My required
Mental Health Aftercare at the Henderson Clinic South, a
psychiatric out-patient treatment center in Hollywood,
Florida. My treatment begins on March 9, 1993, and may
require psychotropic medication, according to Ruth Watkins
at the clinic. I may not be reemitted by my treating
psychiatrist to discontinue treatment during the period of
time required for my trial appearance in California, even
if the Court were to order the Bureau of Prisons to allow
me to appear in California, and even if any expenses were to
be Paid for by either the Plaintiff or Defendant Geertz,
which is not likely-or customary.
I will need to call Margery Wakefield as a
witness. Margery Wakefield is a Florida resident. As an
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ex-member of Scientology, and As a victim of abuse while a
member of the cult, she will be called upon to testify as
-to the illegal and criminal practices Of the Church of
scientology, as well as information regarding the church's
-policies on suicides, murder and the Church policy known
as "changing history". I cannot afford to bring Margery
Wakefield as a witness to California. Margery wakefield
told me that she is also indigent and destitute but has
Indicated that she would appear as a witness if the case
,were brought to trial in the Southern District of Florida.
She is a key witness in my defense.
12. Dr. Ron Johnson is a doctor of veterinary
medicine and a resident of Fort Lauderdale, Florida.
I wish to be able to call him to trial in order to testify
regarding my membership in the Church of Scientology in the
year 1981, a fact strongly disputed by the Church in their
attempt to cover up their involvement in the crimes for
which I am charged in the criminal case. I cannot afford
to bring this witness to California in order to testify.
13. Dr. Ron Neuhring is a psychologist from Miami,
Florida. He was my Fishman's treating psychologist when I
was first arrested at the Metropolitan Correctional Center,
a Federal prison facility. Dr. Neuhring will be called to
testify regarding my mental state at the time of my arrest,
as well as statements which I made to him regarding my
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involvement with the Church of Scientology. I cannot
afford to bring this witness to California in order to
testify.
14. Special Agent Angelo Troncoso of the Internal
Revenue Service 'is a resident of the Tampa, Florida area.
I will call him to testify to his knowledge of the criminal
investigation being conducted by the internal Revenue
Service into the Church of Scientology, and to the extent
of knowledge and details supplied to him by myself,
establishing to the Court his understanding of my
familiarity with upper-level Church management decisions
and business. I cannot afford to bring this witness to
California in order to testify.
15. Special Agent Terry R. Kroggel is a Certified
public Accountant with the Internal Revenue Service and a
resident of the St. Petersburg, Florida area. I will call
him to testify to my knowledge of the civil investigation
being conducted by the Internal Revenue Service into the
Church of Scientology, and to the extent of familiarity
with details supplied to him by myself, establishing my the
his understanding of my knowledge of upper-level Church
management decisions and business. I cannot afford to
bring this witness to California in order to testify.
16. Detective Dennis Angelo is an investigator with
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the Clearwater Police Department, and is a resident of the
Clearwater, Florida area. I will call him to testify to
his Knowledge of the civil investigation being conducted by
the Clearwater Police Department into the Church of
Scientology, and to the extent of familiarity with details
supplied to him by myself, establishing my knowledge of
upper-level Church management decisions and business.
I cannot afford to bring this witness to California in
order to testify.
17. Dr. Enyin Aksu is a psychiatrist who is a
resident of Broward County Florida. Dr. Aksu was
my treating physician at the time when I was, an in-patient
at the Hollywood pavilion psychiatric facility in
Hollywood, Florida, from February 13, 1989 until march 20,
1989. Dr. Aksu will be called to testify regarding my
mental state at the time of my involuntary commitment in
the mental hospital, as well as statements made to him by
myself Fishman regarding my involvement with this Church of
Scientology. I cannot afford to bring this witness to
California in order to testify.
18. I will also need to call certain hostile
witnesses who are staff members of the Church of
Scientology, including but not limited to Mr. Frank
Thompson, Mr. Ray Jourdain, Mr. Humberto Fontana, Ms.
Beverly Flahan, Mr. Luis Gonzales, Mr. Charles Fox, Mr.
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Mark Witt, Mr. Michael Hambrick, Mr. Peter Letterese, Mrs.
Barbara Fawcett Letterese, Ms. Denise Franklin Monco Mancha
Ms. Fran Hardy Andrews, Ms. Barbara Koster, Ms,. Leona
Littler Grimm, Ms. Celia Alvarez, Mr. Tom Staley, Ma. Karen
Staley, Ms, Shirley Hambrick, Ms. Leah Abady, Ms. Colette
Atzel, Mr. Jamie Gurlaccio, Mr. Bob Levy, Mr. Doug Carr,
Mr. Roberto Naya, Ms. Nancy Witkowski, Mr. Paul Dibble, Ms.
Linda Miller, Ms. Vicki Kirkland, Mr. Roggie Monce, and
others who are residents of either Dade or Broward County,
Florida. These witnesses will be called upon to testify
regarding the physical abuse and hypnosis performed upon
myself, AS well as Church policies regarding these
practices. Some will be asked to testify regarding the
Church policy regarding suicide and murder, as well as
specific orders directing me to assassinate Dr. Geertz and
to have me Defendant commit suicide under the auspices of
an "End of Cycle" order. others will be asked to testify
regarding the Church's involvement and direction in
ordering me to commit securities class action fraud in a
Church operation known an Operation Acting Classes, for
which I was arrested and plead guilty in an Alford Plea (of
Innocent but responsible for the acts alleged), and other
criminal acts which I was directed to commit on behalf of
the cult, including the Ethics Bait Project and Bingoing.
I cannot afford to bring any of these or other similarly
situated witnesses to California for the trial, as they are
nearly all residents of the Southern District of Florida,
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with the exception of Denise Franklin Monce Macha, who may
be residing in Clearwater, Florida to the best of my
recollection.
19. I will also need to call Mrs. Dorli Geertz to
testify Regarding psychological tests which she
administered on me over the Years between 1979-1990 which
will establish my deteriorating state of mind during the
time I was a devotee to and member of the Scientology cult.
I cannot afford to bring this witness to California in
order to testify.
20. Dr. Daniel M. Lipshutz. M.D. is a resident of
Singer Island, Florida, and is my uncle. He is a retired
psychiatrist formerly licensed to practice psychiatry in
New York. He has been familiar with my psychiatric history
during my entire lifetime arid will be called to testify
about how the Scientology cult had adversely affected my
thinking, belief system and my mental condition. I cannot
afford to bring this witness to California in order to
testify.
21. Mr. Samuel J. Kern, is a resident of Plantation,
Florida, and is also my uncle. He is a retired trial
attorney from Brooklyn New York, and although cannot
represent me an counsel in this case because he is not
admitted to the bar in Florida, he will assist me and act
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as my personal representative if the trial were conducted
in Florida. I cannot afford to bring my uncle to
California in order for him to assist me in the preparation
of my defense as my personal representative.
22. Consequently, and in the interest of justice,
I plead with the Court to transfer the venue to the
Southern District of Florida pursuant to 29 U.S.C. 1404(a).
I declare under penalty of perjury under the laws of
the State of Florida that the above is true and correct to
the best of my recollection and understanding.
Executed March 1, 1993 at Dania, Florida.
(signed steven fishman)
Dated: march 1 1993 Defendant
Pro Se
Register Number 17280-004
Dismas House
Room 324
141 N. W. 1st Avenue
Dania, Florida 33004