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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
\nIN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO<\/p>\n
In the matter of the application of HOWARD F. OLIVER and BEVERLY OLIVER, petitioners
\nOn behalf of WILLIAM SHELDON OLIVER, a minor.<\/p>\n
No. 97683
\nDeclaration of CHARLES R. GARRY<\/p>\n
CHARLES R. GARRY alleges as follows:<\/p>\n
That he is an attorney-at-law, with its principal offices at 1256 Market Street; City and County of San Francisco, State of California. That, in his capacity as an attorney, represents The People’s Temple, a religious organization.<\/p>\n
That on or about October 19, 1977, I arrived in Jonestown, Guyana, and on or about 8:15 PM of the said day, I interviewed WILLIAM OLIVER and his brother, BRUCE OLIVER. The attached transcription of the interview is hereby incorporated and made part of this declaration. The cassette tape from which the transcription is made is available for the perusal of the<\/p>\n
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Court or any other interested party.<\/p>\n
I told WILLIAM OLIVER that his mother and father wanted him to return home. And, in no uncertain terms, he said that he would not return home, that he was self-supporting and was living his own life and that he intended to get married the following week. He also told me that the person he intended to marry was already three months pregnant. He made it clear to me that he was no longer under parental control and had not been for many, many months.<\/p>\n
His brother, BRUCE OLIVER who is already married and living in Jonestown, made it very clear that neither he nor his brother intended to return to California until they decided that they wanted to themselves.<\/p>\n
I left Jonestown on Saturday, October 22, 1977 and accompanying me was WILLIAM OLIVER and his fianc\u00e9e, Tanya Cox. The three of us left Jonestown and for 40 miles, drove in a Land Rover to Matthews Ridge where the three of us got on a government plane and flew into Georgetown. We arrived around 7:01 PM on Saturday evening, October 22, 1977. On Sunday, October 23, 1977, I left Georgetown and flew back to the United States. When I left Georgetown, WILLIAM and Tanya had gone to a local church, so I did not see them.<\/p>\n
I have since received information that WILLIAM and Tanya were married in Georgetown, Guyana, on or about November 2, 1977. The marriage license certificate is No. 63.<\/p>\n
It is abundantly clear to me that WILLIAM OLIVER is an<\/p>\n
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emancipated minor, and that at all times he’s been under [the] guidance of his brother BRUCE, and that WILLIAM is free to leave at any time that he chooses \u2013 for that matter, any and all persons at Jonestown are free to leave at any time that they choose.<\/p>\n
It is abundantly clear to me that at no time has WILLIAM OLIVER been under the jurisdiction and domination and control of the People\u2019s Temple, as is clear from the attached exhibit. WILLIAM OLIVER has spoken to his mother and has told her what is contained in the transcription of the tape heretofore referred to.<\/p>\n
The foregoing is done under penalty of perjury this 23rd day of November, 1977 at San Francisco, California.<\/p>\n
CHARLES R. GARRY<\/p>\n
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[Proof of service by mail]<\/p>\n
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CRG [Charles R. Garry]: Now, what is your full name?<\/p>\n
WSO [William Sheldon Oliver]: My name is William Sheldon Oliver.<\/p>\n
CRG: Now, speak clearly, loudly, enunciate your words \u2013 throw your words out so it will come out clear on the tape. All right. Now, my name is Charles Garry and I am an attorney. And I have information from my office that I received through the radio today, that your mother has hired an attorney by the name of Don Warden in either San Francisco or Oakland \u2013 I don’t know just exactly where his office is \u2013 and he wants you and your brother to come back to California. Now your mother at one time called me about two months ago or six weeks ago; and I said at that time that if you and your brother wanted to come back, all you had to do was say so; and I made arrangements for you to be able to talk to your mother. Do you recall that?<\/p>\n
WSO: Yes, I do.<\/p>\n
CRG: What was that conversation with your mother?<\/p>\n
WSO: Uh, the conversation with my mom was she wanted me to come back to the States regarding an inheritance that me and my brother supposed to had. All right, then following that the inheritance required that me and my brother go back to the States to sign it. We told our mom that we did not want to come back to the States and whatever inheritance there was or papers, to send them over here and we would sign them over here, so she can get the inheritance. But I would never want to go back to the States because I’m too happy here; I enjoy it over here; and, if I was forced to go back to the States, when I got there, I would run away.<\/p>\n
CRG: All right, let me ask you this: How old are you?<\/p>\n
WSO: I’m 17.<\/p>\n
CRG: When will you be 18?<\/p>\n
WSO: I’ll be 18 December 25th.<\/p>\n
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CRG: All right now, how tall are you?<\/p>\n
WSO: 6’3″.<\/p>\n
CRG: And how much do you weigh?<\/p>\n
WSO: 185.<\/p>\n
CRG: You\u2019re planning on getting married, are you not?<\/p>\n
WSO: Yes, I am.<\/p>\n
CRG: And you’re going to be a father about six more months?<\/p>\n
WSO: Yes, I am.<\/p>\n
CRG: And you love this woman?<\/p>\n
WSO: Yes, very much.<\/p>\n
CRG: And, it is your intention to get married?<\/p>\n
WSO: Yes, it is.<\/p>\n
CRG: All right now, if I was to tell you that you\u2019ve got to go back to California as your mother has requested, would you do it?<\/p>\n
WSO: I would never go back. I feel me being almost 18, she doesn’t have the decision over my life or what I plan to do with my future.<\/p>\n
CRG: By the way, what has been the relationship between you and your mother in the last five years?<\/p>\n
WSO: We’ve been very close. She’s been sort of\u2026 I\u2019ll say, a passive kind of mother. But, in my opinion, she always understood where I’m coming from. I don’t know why she has the hostility she does. I guess that since I am away she can’t\u2026 It’s like a mother\u2026 How do I say it? It\u2019s like a mother and child relationship. She wants to hold onto me. You know. And I feel like she don’t want me to explore life like I want to. She still has<\/p>\n
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a certain hold on, mother-child kind of attitude.<\/p>\n
CRG: Now, could you tell us what you’re doing here?<\/p>\n
WSO: (Sounds like) activities here. I’m on the paint crew. I’m piloting the boat \u2013 the MARCIA [Marcelline], our boat. I’m piloting that. I’m in the fields. I’m doing fieldwork. Um, some of my other actions \u2013 building constructions, building houses. I’m learning how to be a carpenter in the workshop. And, as far as school education, it’s been much, much better than they have in the United States. I’m learning because I have an opportunity to learn and people do not judge me by my color, or my race, or\u2026 They judge me by the content of my brain. And I’m happy with that.<\/p>\n
CRG: Then, if I was to tell you to go back, you still will not do so, is that right?<\/p>\n
WSO: I will never go back.<\/p>\n
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CRG [Charles R. Garry]: Now, your name is what?<\/p>\n
BHO [Bruce Howard Oliver]: Bruce Howard Oliver.<\/p>\n
CRG: And you’re the brother?<\/p>\n
BHO: Yes, I am.<\/p>\n
CRG: And how old are you?<\/p>\n
BHO: 19 years old.<\/p>\n
CRG: Are you married?<\/p>\n
BHO: Yes, I am.<\/p>\n
CRG: How long have you been married?<\/p>\n
BHO: Since April, six months, I guess.<\/p>\n
CRG: I see. And now, you also talked to your mother, is that right?<\/p>\n
BHO: Yes, I did.<\/p>\n
CRG: What did you tell your mother?<\/p>\n
BHO: When we first started talking, she asked us, she told us about the inheritance and she asked us did we want to come back. We told her no, she said fine, and then a few minutes \u2013 it seemed like a little while later, maybe 20 [minutes] later, she tripped out and said that we had to come back and we had to come back to sign the papers so she could get the money. And then when we told her that they could send the papers down here, she got serious and she walked away and she refused to talk to us anymore and she got highly upset over it.<\/p>\n
CRG: Now, if I was to tell you that you should go back because your mother\u2019s hired a lawyer \u2013 and have you and your brother go back, will you do so?<\/p>\n
BHO: No, I will not. If you was to tell me now that I had to go back, I will run into the jungle, I will run away. I will do anything not to go back.<\/p>\n
CRG: I see. Why do you think you mother\u2019s doing all of this?<\/p>\n
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BHO: Because of the money.<\/p>\n
CRG: How much money is involved, do you know?<\/p>\n
BHO: I’m not exactly sure of the sum, but because of the lady involved, I think it’s a lot of money \u2013 because she had told us before that we were going to get some money. And I think that’s the only reason she’s tripping out \u2013 because it’s so much money. She can’t handle it.<\/p>\n
CRG: Well, if the money’s made out to you, how will your mother be able to participate in it?<\/p>\n
BHO: Well, the understanding is\u2026 If the money’s made out to me, how can she participate in it?<\/p>\n
CRG: Yeah, the inheritance. How can she get involved in it? Do you know?<\/p>\n
BHO: I’m not exactly sure.<\/p>\n
CRG: In other words, you really don’t know what’s behind all this?<\/p>\n
BHO: No, I just know that she said the money was for us, but then she just started tripping. I think, myself, that she wants to get us back because we\u2019re under her control and I think she thinks she’ll get part of the money.<\/p>\n
CRG: I see. No, what do you do here?<\/p>\n
BHO: Right now, I’m learning \u2013 I’m training to run heavy equipment and I have the opportunity, if I want to start a watch shop because I have learned a little watch trade from my dad in the States. And I have the opportunity here to go to school in the Katina Watch Shop, if I choose to.<\/p>\n
CRG: What kind of place is this? Could you give us some description of what this place is like?<\/p>\n
BHO: It’s a beautiful place. It’s something like \u2013 to me \u2013 it’s some type of place you would dream about. It’s<\/p>\n
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a place of total equality, a place where you see like, you’re not discriminated against. And, like there’s no fighting or anything. When I lived in San Francisco, we lived in the middle of Fillmore. And every time you go out of the house, you’d always get involved in a fight, there’s always someone picking on you, always someone to jump you, always someone to rob you. And all that is violence \u2013 there’s none of that here. It’s a very peaceful place, a place where you could spend the rest of your life and enjoy your life.<\/p>\n
CRG: Is there anything else you want to say to your mother?<\/p>\n
BHO: I just hope that she will stop tripping and understand that we\u2019re not coming back and stop pestering us and leave us alone, in peace. And the best thing she could do for us is help us and stop trying to hinder our progress, because were not coming back.<\/p>\n
CRG: How about you, brother?<\/p>\n
WSO [William Sheldon Oliver]: I feel that the best thing she could do is to help us because I would never come back regardless of how I feel about it, because I’m too happy here and it’s time for me to grow up and lead my own life. And I feel that she should understand that before she puts ultimatums on me and I\u2019d never come back.<\/p>\n
CRG: Thank you.<\/p>\n
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[Editor\u2019s note<\/strong>: These three pages are duplicates of NN-4-I1 \u2013 I4.]<\/em><\/p>\n —–<\/p>\n NN-4-J5 \u2013 J7<\/p>\n [Editor\u2019s note<\/strong>: These three pages are duplicates of NN-4-I5 \u2013 I7.]<\/em><\/p>\n —–<\/p>\n NN-4-J8 \u2013 J10<\/p>\n [Editor\u2019s note<\/strong>: These three pages are duplicates of NN-4-I8 \u2013 I10.]<\/em><\/p>\n —–<\/p>\n NN-4-K2Holmes and Warden Attorneys at law Attorneys for the Petitioners<\/p>\n SUPERIOR COURT OF CALIFORNIA In the Matter of the Application of ORDER GRANTING WRIT OF HABEAS CORPUS<\/p>\n On reading and filing the petition of Howard F. Oliver and Beverly Oliver, the natural parents of William Sheldon Oliver duly signed and verified by Howard F. Oliver and Beverly Oliver on behalf of William Sheldon Oliver whereby it appears that William Sheldon Oliver is illegally being detained, imprisoned, restrained and confined of his liberty by the Peoples Temple, their agents, employees and corporate officers and their Pastor, Reverend James Jones who are located at 1850 Geary Blvd., San Francisco, Calif., and stating of what the illegality consists, from which it appears that a writ of habeas corpus ought to issue,<\/p>\n IT IS HEREBY ORDERED, that a writ of habeas corpus be issued by the Clerk of and under the seal of the Superior Court of the State of California, directed to the Peoples Temple, their agents, employees and corporate officers and their Pastor, Reverend James Jones to have the body of William Sheldon Oliver, before the Judge of the Superior Court, Juvenile Division, 375 Woodside Avenue, San Francisco, California.<\/p>\n —–<\/p>\n NN-4-K3<\/p>\n Department of the above-named court, on November 28, 1977 at 9:00 o’clock a.m. of the day then and there to do and receive what shall be considered concerning the alleged illegal detention,\u2028imprisonment, restraint and confinement of William Sheldon Oliver.<\/p>\n Dated: November 10, 1977<\/p>\n Joseph G. Kennedy —–<\/p>\n NN-4-K4<\/p>\n Holmes and Warden Attorneys at law Attorneys for the Petitioners<\/p>\n SUPERIOR COURT OF CALIFORNIA In the Matter of the Application of PETITION FOR WRIT OF HABEAS CORPUS<\/p>\n TO THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR Petitioners allege:<\/p>\n 1. William Sheldon Oliver is their son born to them on December 25, 1959. (See exhibit “A”)<\/p>\n 2. The above-named child, a minor, resided with petitioners until or about July 26, 1977, at which time the petitioners granted to the Peoples Temple, their agents, employees and corporate officers and their Pastor, Reverend James Jones Power of Attorney to remove said child from the petitioners\u2019 possession for a temporary period subject to the desires of petitioners. (See exhibit “B” – a copy of the Power of Attorney.)<\/p>\n 3. The petitioners’ son, William Sheldon Oliver is in the possession of the respondents.<\/p>\n 4. On or about October 17, 1977, the petitioners revoked the said Power of Attorney by mailing a copy of the revocation to the corporate office and establishment of the<\/p>\n —–<\/p>\n NN-4-K5<\/p>\n Peoples Temple located at 1859 Geary Blvd., San Francisco and their attorney Charles Garry at 1256 Market St., San Francisco and attorney Eugene B. Chaikin at P.O. Box 15O23, San Francisco, Ca. (See exhibit “B”)<\/p>\n 5. Pursuant to the said revocation, the Peoples Temple, their agents, employees and corporate officers and their Pastor, Reverend James Jones had until October 22, 1977 to return petitioners\u2019 son, William Sheldon Oliver back to the petitioners. As of today, the respondents have failed to release petitioners’ son from their illegal confinement and detention. In fact, respondent attorney Charles Garry, has told the petitioners and their attorney that they will not comply with the petitioners’ demand.<\/p>\n 6. The petitioners’ son, William Sheldon Oliver, is now being held against the will and desires of his natural parents, the petitioners. The petitioners have it on information and belief that their child is now being confined, detained and restrained in the country of Guyana. —–<\/p>\n NN-4-K6<\/p>\n their child. The Power of Attorney granted to the above-named respondents was for a temporary period subject to the desires of the petitioners.<\/p>\n 11. The petitioners have on numerous occasions made written and verbal demands to the respondents to return their child. All the demands made by the petitioners have been callously disregarded by the respondents.<\/p>\n 12. The respondents in this matter have no legal right to possession of petitioners’ minor child.<\/p>\n 13. Petitioners have no other plain, speedy or adequate remedy at law.<\/p>\n 14. Prior application has not been made for a Writ of Habeas Corpus in regard to respondents’ imprisonment, restraint and confinement of petitioners\u2019 son.<\/p>\n WHEREFORE, petitioners pray judgment as follows:<\/p>\n 1. That a Writ of Habeas Corpus be granted, directed to the Peoples Temple, their agents, employees and corporate officers and their Pastor, Reverend James Jones [illegible words] them to have the body of William Sheldon Oliver together with the authority for his custody, detention, restraint and confinement before the Presiding Judge for the Superior Court of the City and County of San Francisco at a specified time.<\/p>\n 2. That William Sheldon Oliver be delivered to his parents Howard F. Oliver and Beverly Oliver at their home, 2040 O’Farrell Apt. 108, San Francisco, California.<\/p>\n 3. For other and further relief as the court may deem proper.<\/p>\n Dated: November 7, 1977<\/p>\n Howard F. Oliver —–<\/p>\n NN-4-K7<\/p>\n I, Howard F. Oliver and Beverly Oliver are the petitioners in the above-entitled proceeding. I have read the foregoing petition and know the contents thereof. The same is true of my knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.<\/p>\n I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on November 7, 1977 at San Francisco, California.<\/p>\n Howard F. Oliver —–<\/p>\n NN-4-K8<\/p>\n Exhibit A: Birth Certificate for William Sheldon Oliver<\/p>\n —–<\/p>\n NN-4-K9<\/p>\n
\n601 California, Suite 300
\nSan Francisco, Ca. 94108
\n(415) 981-0296<\/p>\n
\nCOUNTY OF SAN FRANCISCO<\/p>\n
\nHoward F. Oliver and Beverly Oliver
\nPetitioners,
\nOn behalf of
\nWilliam Sheldon Oliver, a minor<\/p>\n
\nJudge of Superior Court<\/p>\n
\n601 California, Suite 300
\nSan Francisco, Ca. 94108
\n(415) 981-0296<\/p>\n
\nCOUNTY OF SAN FRANCISCO<\/p>\n
\nHoward F. Oliver and Beverly Oliver
\nPetitioners,
\nOn behalf of
\nWilliam Sheldon Oliver, a minor<\/p>\n
\nTHE CITY AND COUNTY OF SAN FRANCISCO.<\/p>\n
\n7. Said confinement and detention constitutes an illegal detention and confinement against the legal authority vested in the natural parents, the petitioners.
\n8. The petitioners have it on information and belief that the respondents are physically abusing and mentally tormenting their son, William Sheldon Oliver.
\n9. The above-named child has not been committed, detained , nor his custody determined in any way whatsoever by virtue of any judgment, decree, order or award of any kind by any court or other competent tribunal.
\n10. Petitioners are fit and proper parents and custodian for the above-named child, and petitioners have not abandoned<\/p>\n
\nBeverly Oliver<\/p>\n
\nBeverly Oliver<\/p>\n