CHURCH[sic] OF SCIENTOLOGY FLAG SERVICE ORGANIZATION
Office of Special Affairs
Salvation Army Correctional Services May 17, 2001
of Pinellas County
300 N. Ft. Harrison Ave.
Clearwater, FLA 33755
Attn. Probation Officer for Robert S. Minton
Robert S. Minton is currently on probation under your auspices after his conviction for criminal contempt for his violation of an injunction issued by the Honorable Thomas Penick. Mr. Minton was convicted on February 21, 2001 for his violation of that injunction following a week of hearings on an Order to Show Cause issued by Judge Penick.
One of the terms of his probation is; "You will live and remain at liberty without violating any law or any injunction (temporary or permanent) entered by this Court. A conviction in a court of law shall not be necessary in order for such a violation to constitute a violation of your probation."
One of Mr. Minion's associates, and a member of the Advisory Board of the Lisa McPherson Trust, a for?profit company of which Mr. Minton is the Chairman of the Board, is H. Keith Henson. Mr. Henson was also a respondent in the hearings on the Orders to Show Cause before judge Penick, but was acquitted. However, in a separate action in criminal court in Riverside County, California, on
April 26, 2001, Mr. Henson was found guilty following a jury trial of a violation of Section 422.6 of the California Penal Code, also known as the California hate crime law, for his actions which were found to be interfering, with threat or force, with the free exercise of the Scientology religion. (Tab A)
On the day of his conviction Mr. Henson and his wife picketed the court house with a sign displaying the phone number of the Lisa McPherson Trust in Clearwater. (Tab B) His association with Mr. Minton and the Trust is undisputed.
Mr. Henson was ordered to report for sentencing on May 16, 2001. Instead, he fled to Canada. A warrant has been issued for his arrest for this most recent breach oŁ California law (failure to appear). (Tab C)
On the same day, when questioned in an Internet newsgroup as to whether he had assisted Mr. Henson to evade justice "after the fact", your probationer, Mr. Minion, placed a posting on the newsgroup bragging that, I helped him (Henson) escape BEFORE the fact. " (Tab L7) And in another posting which Mr. Minton directed to Mr. Henson, he asked, "You have enough money up there in Canada? If not, just let me know. "(Tab E)
Aiding and abetting the commission of a crime is a violation ofCalifornia Penal Code § 27, "(a) The following persons are liable to punishment under the laws of this State:" "(3) All who, being without this state, cause or aid, advise or encourage, another person to commit a crime within this state, and are afterwards found therein," and California Penal Code § 31,
All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, and all persons counseling, advising or encouraging children under the age of fourteen years, lunatics or idiots, to commit any crime, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any crime, or who, by threats, menaces, command, ox coercion, compel another' to commit any crime, are principals in any crime so committed." (Tab F)
Mr. Minton therefore appears to be in violation of the terms of his probation. I assume that you will take appropriate action in dealing with this matter.
cc: Honorable Thomas Penick
Bruce Howie, Esq
Robert Surette, Esq
Wallace Pope, Esq