BB-31-b-151
PATRICK SARSFIELD HALLINAN
Hallinan & Blum
345 Franklin Street
San Francisco, California 94102
Telephone: (415) 861-1151
Attorney for Defendant
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
PEOPLES TEMPLE OF THE DISCIPLES OF CHRIST, a nonprofit corporation, JEAN BROWN, and JAMES McELVANE, Plaintiffs,
v.
TIMOTHY OLIVER STOEN, Defendant.
No. 740531
DECLARATION OF DEFENDANT IN SUPPORT OF MOTION UNDER CCP § 2019 (B) (1) FOR PROTECTIVE ORDER THE DEPOSITION NOT BE TAKEN
Date: November 7, 1978
Time: 9:30 AM
Department: 9 Law and Motion
I, Timothy Oliver Stoen, declare:
1. I am the defendant in this action. I object to depositions scheduled by PEOPLES TEMPLE for November 9 and 10, 1978, being taken.
2. I believe the purpose of plaintiff in taking said depositions is not legitimate but rather to annoy, embarrass, and oppress. I believe the real purposes of PEOPLES TEMPLE are as follows:
a. to discover the names of my clients and other individuals who have had financial dealings with me for the purpose of
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BB-31-b-152
intimidating them into terminating further contact with me; and
b. to engage in a “fishing expedition” for the purpose of acquiring information to be utilized, and falsely characterized, in a totally separate lawsuit it has already publicly announced, wherein it will allege (falsely) that I was an agent of the FBI and CIA while a member of PEOPLES TEMPLE.
3. In support of the aforesaid conclusions, I submit the following evidence:
a. PEOPLES TEMPLE it is not seeking information about my current financial condition only but also past financial transactions.
b. PEOPLES TEMPLE has employed no discovery on questions of liability.
c. PEOPLES TEMPLE knows that while I was a member thereof, my wife and I gave them our house and that for seven years I gave them my salary beyond my immediate needs.
I hereby declare that my current net worth is less than zero. I own no real property. My automobile is a 1969 Toyota for which I paid $675.00. Item $15,000.00 to the First National Bank of Colorado Springs for a December 1977 loan taken out to finance my efforts to regain custody of my son from PEOPLES TEMPLE.
d. Since publicly declaring my opposition to PEOPLES TEMPLE, I have been subjected to numerous acts of harassment designed to create ill will between myself and others. I believe these acts were committed by members of PEOPLES TEMPLE pursuant to a strategy of “divide and conquer”. For example, in May 1978 a San Francisco newspaper reporter called me to inquire as to whether I was using his
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name as supporting the sending of armed mercenaries to Guyana. He said he had received both anonymous letters and letters from PEOPLES TEMPLE members accusing me of using that reporter’s name as being in support of such a scheme. I assured the reporter I had never used his name in that way.
e. Employees of certain Congressional offices in Washington, DC have informed me that they received letters discrediting me shortly after PEOPLES TEMPLE learned their particular offices may be helping me.
f. In May 1978 members of PEOPLES TEMPLE were ordered to write to governmental agencies protesting alleged harassment. In an effort to discredit my standing with such agencies, PEOPLES TEMPLE leaders ordered their members to accuse me of various crimes and immoral acts, all of which were false. For example, attached as Exhibit A is an instruction issued to PEOPLES TEMPLE members for a letter to be sent to the State Franchise Tax Board accusing me of being a “terrorist.”
g. Also in May 1978, an extremely scurrilous open letter dated May 15, 1978 was sent to newspapers, television and radio stations, and governmental agencies throughout the United States. In an effort to create ill will between journalists and myself, this letter falsely stated that “Timothy Stoen … Threatened to kill by poison a journalist who embarrassed him in the media.” A copy of the relevant portions of that open letter as attached as Exhibit B.
h. On October 3, 1978, PEOPLES TEMPLE held a news conference at their San Francisco headquarters wherein their newly-acquired
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conspiracy-hunter Mark Lane made a number of ridiculous charges and threatened to file on behalf of PEOPLES TEMPLE a “multi-million-dollar suit” against the FBI, CIA, Department of State, etc. One of his associates, Donald Freed, apparently stated that I acted as the conduit to launder money through a foreign country “to finance the anti-Jones campaign.” Attached is Exhibit C is an article from the San Francisco Examiner dated October 4, 1978 reporting said news conference. Attached as Exhibit D is an article from the San Francisco Progress dated October 4, 1978 reporting the same conference. PEOPLES TEMPLE is extremely skilled in constructing false theories from minor pieces of information so as to divert public attention from its questionable practices. I believe that PEOPLES TEMPLE wishes to learn everything possible about my financial history so as to construct a totally false theory to be publicized, by lawsuit and otherwise, in an effort to divert public attention from the charges made by me and others to the effect that PEOPLES TEMPLE is operating a concentration camp in Guyana, South America.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 31, 1978, at San Francisco, California.
/s/ Timothy Oliver Stoen
Timothy Oliver Stoen
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BB-31-b-155
Exhibit A
Mr. Martin Huff, Executive Officer
State Franchise Tax Board
Sacramento, CA 95867
Dear Mr. Huff,
The recent problems cause for the Peoples Temple church with the Tax Board is only the latest example of merciless harassment on the part of people with terrorist backgrounds and is financed by unethical means. Mr. [David] Conn and Mr. Stoen, who went to the Tax Order, just threw up threats to the Disciples of Christ if they did not throw the Peoples Temple out of their ranks by May 1. The denomination was incensed, and reporting these actions immediately to the Peoples Temple.
Do not let the Tax Board take any part in hurting this remarkable church. I look to your agency to reinstate the Temple’s status immediately.
Sincerely yours,
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BB-31-b-156
Exhibit B
Dear Manager,
What you publicize is your business. But a bit of information on some of the people you are using as sources to spread lies about Peoples Temple might cause you to question the credibility of those sources. Given their backgrounds and past actions, their motives for attacking an interracial, highly constructive organization are obviously not “Concern” for the relatives which they claim to have in Guyana. A recent official statement by the US Department of State proves once and for all that the allegations they are making are lies. What their true motives are, no one in the media seems interested in exploring and disclosing. When it does no credit to you as journalists as you take them at face value. Consider your sources. Their credits are listed below, and there are affidavits to back up every statement.
Timothy Stoen:
Took $5000 from hard-working black people to finance a trip to France, London, Washington DC, and New York.
Threatened to kill by poison a journalist who embarrassed him in the media.
There is much, much more. I personally know all these people, and I saw the names mentioned on a petition presenting themselves as loving, concerned relatives and friends of people overseas at the Peoples Temple mission, and I felt I had to write something to you to inform you of what I know to be true of them.
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BB-31-b-157 – b-159
Photocopies of articles from two San Francisco newspapers referenced above as Exhibits C and D.