Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, September 16, 1995 TAG: 9509180053
SECTION: VIRGINIA PAGE: C5 EDITION: METRO
SOURCE: ASSOCIATED PRESS
DATELINE: ALEXANDRAI LENGTH: Medium
U.S. marshals, acting on a court order, searched Arnaldo Lerma's Arlington house on Aug. 12.
They seized boxloads of computer equipment and disks after the Church of Scientology accused Lerma of stealing secrets and publishing them on the Internet to discredit the church. A Scientology lawyer was present during the search and selected items to be seized.
``I am very concerned about how the search was conducted,'' U.S. District Judge Leonie M. Brinkema said at a preliminary hearing in the case Friday.
``It was certainly not the intent to go through Mr. Lerma's residence and possessions willy-nilly and with a fine-tooth comb,'' she scolded a church lawyer.
The church seized materials Lerma needed for his business, as well as personal electronic mail, addresses and other items not related to Scientology, his lawyers said.
Church lawyers insisted they did not pry into Lerma's affairs or commit other abuses.
Brinkema canceled her own order that authorized the search and ordered the church to return any materials of Lerma's still in its possession. Church lawyer Earle Cooley said he will appeal to the 4th U.S. Circuit Court of Appeals.
``This was a search that was beyond the pale,'' Lerma said after the hearing.
Lerma is a former Scientology member and frequent participant in an electronic discussion group about the church. He admitted posting disputed documents on the Internet, but claims he did not break any laws.
His postings described abuse by former Scientology officials, claims that Scientology brainwashes and defrauds members, and details of the path to theological growth that the church says will transform people into near-gods.
Brinkema ruled that Lerma may continue to post material about the church as long as he respects copyright law that allows only portions of a copyright document to be disseminated.
``These are stolen documents. They belong to the church and they don't belong to him,'' said Heber C. Jentzsch, president of the Church of Scientology International.
The Los Angeles-based church, founded 41 years ago by science-fiction writer L. Ron Hubbard, wanted a court order barring the computer postings. The church is also seeking damages of $100,000 for each of seven alleged copyright infringements.
The larger issue of whether the disputed material is covered by copyright or trade-secret laws will be decided at a trial later. The material was part of a California lawsuit involving the church that Scientology officials say is privileged.
by CNB