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Creditor Alleges The Following Facts Without Substantial Contradiction By Debtor

In 2001, Debtor was charged by the Riverside County District Attorney with violating California Penal Code (“PC”) §422.6 by intimidating, threatening, and oppressing Scientologists on account of their religious beliefs. Debtor was convicted on April 26, 2001 and released on his own recognizance until May 16, 2001, when he was scheduled to be sentenced.

Prior to that date, Debtor “fled” to Canada. On May 13, 2001, Debtor stated on the Internet that he would not appear for sentencing. On May 15, 2001, Debtor said on the Internet that he was entitled to seek political asylum in Canada on the basis of having been persecuted by the governments of California and the United States.

When Debtor failed to appear for sentencing on May 16, the State Court revoked his release, charged him with violating PC §1320 by failing to appear, and issued a bench warrant without bail for his arrest.
Debtor then announced on the Internet that he is staying in Canada and seeking “refugee” status, a process that he said he expects to take at least two years.

Debtor has now been sentenced by the State Court in Riverside County in absentia to incarceration for 365 days (to be suspended if he agrees to serve 180 days’ incarceration, serve three years’ probation, and pay a $2,700 fine). Upon return to California, Debtor will be tried in the State Court in Riverside County on additional criminal charges of failing to appear for sentencing; Creditor believes that conviction is “likely”, and would result in Debtor being sentenced to incarceration for another six months.

On October 24, 2001, Debtor made statements on the Internet that Creditor considers to be violations of a permanent injunction issued by the District Court on June 16, 1997 in Creditor’s copyright infringement action against Debtor. The injunction prohibits, inter alia, solicitation and/or publication of certain material as to which Creditor owns copyrights.

On November 22, 2001, Debtor made statements on the Internet that criticized the integrity of “the judge in my case”, by which Creditor says Debtor “attacks the Riverside Superior Court Judge presiding over Debtor’s criminal case”.
On November 29, 2001, the State Court in Riverside County entered a minute order in Debtor’s appeal of his criminal conviction, denying a motion by Debtor for appointment of counsel and ordering Debtor to show cause within twenty days as to why the appeal should not be dismissed on the grounds that “appellant is a fugitive and therefore has forfeited his right to appeal”.


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