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True Facts: (i) The employee was carrying books, which were
given to him by another employee and which a third employee observed.
(ii) The first employee was at dinner with approximately 6 other people
at the time in question, and the second employee spent the entire
weekend 150 miles away in Vista, California, visiting friends. (iii)
Nothing was take·n; it is impossible to get in, destroy documents, and
get out of the building in ten minutes. (iv) The shredder w:i.s
Garner Ted Armstrong'� while he worked for the Church. Only prank
mail and innocuous papers are shredded. Duplicates of records gene
rated by other departments may sometimes be shredded. All financial
documents are retrievable through the computer system.
(v) There
is no evidentiary support for this statement, as no financial records
have been destroyed.
In spite of the evidence, Judge Title, perhaps a victim of what
may be referred to as a "Jonestown mentality," nevertheless stated
that there were "questions," "inferences," and "conceivable" problems
raised. Incredibly, however, in light of (a) the clear evidence,
(b) the legal requirement of a strong showing in receivership cases,
(c) the irreparable injury already, and continuing to be, suffered eY_
the Church as the direct result of the receivership (including loss
of faith by members who will cease to contribute; calling of $1.3
million of demand notes; loss of credit lines; and shifts by suppliers
from credit to C.O.D. or cash in advance), which injury was conceded
by Judge Title, and (d) consitutional guarantees of religious freedom,
association, privacy, and due process, Judge Title confirmed the
appointment of Judge Weisman (a long-time friend and colleague) and
empowered him to:
(1) Take possession and control of all Church property.
(2) Hire and fire Church employees.
(3) Control all "business and financial" operations of the Church
in his sole discretion.
(4) Employ lawyers, accountants, security personnel, and staff
at Church expense.
(5) Conduct an audit of all Church activities and initiate
appropriate proceedings based thereon (the Church, on theological
grounds, has never been a plaintiff in a lawsuit except in a federal
court action to set aside this very order).
(6) Put all Church funds in a receiver's account in his sole
discretion.
(7) Apply to the court to fire Messrs. Armstrong and Rader.
(8) Grant access to all documents on Church premises to the
State without allowing the Church and the other defendants to object
� grounds of relevancy, constitutional privilege, attorney-client
privilege,££ clergy-penitent privilege. A specific request by counsel
for the Church to create a procedure for such objection was denied by
Judge Title.