Besides forwarding the below, let me point out (for those few who aren't familiar with this case) a few choice tidbits (taken from the web site that has been tracking this case since it's inception, http://www.operatingthetan.com/ ): "On 26 Apr 2001, Keith Henson was convicted of "interfering with a religion", a misdemeanor under California law, for picketing outside Scientology..." "At trial, the judge threw out all Henson's witnesses, disallowed any testimony about his reasons for picketing the cult, and allowed the prosecution to present excerpts from Henson's Internet postings out of context; the Scientology witnesses also committed perjury which Henson was unable to rebut." The worst part of all this is that the underlying charges of "terrorism" were based on this *obviously* sarcastic thread from usenet: http://www.operatingthetan.com/evidposts.txt This is an incredibly serious abuse of our so-called "justice system" - anything you can do to help Henson out may come back to help *you* out someday. No none of the cosmic karma crap, but I guarantee you that if we allow people to be imprisoned for making jokes that are politically offensive, by specifically preventing them from presenting any exculpatory evidence at trial (a rapidly increasing practice in our "courts"), we will *all* suffer for it. Send mail. Physical mail! Ask your friends to do it too. The only thing more important than getting the angry little midget monster out of the White House are these kind of incredible abuses of the system. -- Yours, J.A. Terranson sysadmin@mfn.org 0xBD4A95BF "...justice is a duty towards those whom you love and those whom you do not. And people's rights will not be harmed if the opponent speaks out about them." Osama Bin Laden - - - "There aught to be limits to freedom!" George Bush - - - Which one scares you more? ---------- Forwarded message ---------- Date: Thu, 16 Sep 2004 00:16:46 -0400 From: R. A. Hettinga <rah@shipwright.com> To: cypherpunks@al-qaeda.net, cyberia-l@listserv.aol.com, nettime-l@bbs.thing.net Subject: Keith Henson Needs Help <http://www.kuro5hin.org/print/2004/9/14/32340/5809> kuro5hin.org || technology and culture, from the trenches Keith Henson Needs Help (MLP) By Baldrson Wed Sep 15th, 2004 at 07:42:14 AM EST For those who don't know him, Keith Henson co-founded the L5 Society, was President of Xanadu Corporation and was a featured character in The Great Mambo Chicken and the Transhuman Condition: Science Slightly Over the Edge. He's about to be deported from Canada to the United States where he faces time in the infamous California prison system. Recently on the cryonics mailing list Keith Henson issued a plea for help: ... at this point I am a "failed refugee." The only thing that can keep me from being deported to the US on short notice is an appeal to the Minister of Citizenship and Immigration. Her office gets 15,000 letters a week so it takes a well known case to reach the level where it gets attention. What is going on here and why should anyone care? The short story is that Keith has been fighting against Scientology and as a result ended up fleeing the United States to Canada to avoid a misdemeanor conviction brought against him by Scientologists. Here's the prosecuting attorney's speech given the jury on the charges: Now, His Honor read to you in the beginning of the case that the defendant has been charged with three counts. First count is -- now, these are numeric numbers and they mean nothing to you, so I will give you names for what they are. The first one is 422, violation of Penal Code Section 422. And 664/422 and 422.6. Now I'll give them names. 422 is terrorist threats. Now, that conjures up images of Beruit or the Twin Towers bombing, but that's not what it means. It just means a threat that causes someone terror, that frightens people. That's what Count One is. Count two is 664/422, is the attempt, the attempt to do the exact same thing, to cause to threaten, to attempt to threaten and cause terror or frighten someone. And the last count is 422.6. And that's essentially defined as the interference with someone's rights guaranteed by the Constitution, their civil rights, and in this case the right to practice their religion without fear. Essentially 422.6 is a hate crime. Now, let's talk about the first count, and we'll go count by count. The first count, 422, again I told you was just threats that caused people to be afraid. Essentially the elements are these: Number one, there has to be somewhat of a threat. There has to be a threat. The person has to intend there to be a threat. And lastly, that the victims have a reasonable fear. However, the person doesn't have to have to want to carry it out. There has to be no intention to carry out the threat. Keith's been in Canada for a few years and is trying to remain there as a refugee. Well, I'll confess my bias. Although Keith and I have known each other since the early days of the L5 Society, we have serious disagreements on a lot of things -- not the least of which are many opinions about Jews, genes and memes etc. More immediately relevant is the fact that I just don't "get" Keith's fight against Scientology. Scientologists seem like a joke to me and IMHO people who get involved with them suffer about as much but no more than people who get involved with New York City nightlife. Be that as it may, I personally don't like seeing anyone spend time in a US, let alone California, prison system. I once refused to testify against a young Hispanic after he had stolen my car because, despite the fact that he would be more protected than a man of my ethnicity in a California prison, he would nevertheless be subjected to a substantial likelihood of being "punked out". That's not my idea of justice. Keith is an old guy -- unlikely to be punked out despite the fact that he's a non-violent 'white guy' -- but he's the kind of guy who probably wouldn't do well in a California prison. As I said, we have serious differences but I've known him for decades, and his going into a California prison doesn't sit right with me anymore than it does with a young Hispanic kid who I don't know. The US now incarcerates a greater percentage of its population than does any other country. That's quite an accomplishment for a system known world-wide to also be a source of racist sexual sadism. So quite honestly I don't care what Henson has or hasn't done. He doesn't belong in a US prison. No one does. Even the best of US prisons still will extradite to the worst of US prisons. There are precedents for refusing to extradite criminals from Canada due to conditions in the US prison system. For example, assistant U.S. attorney Gordon Zubrod from Harrisburg, PA made the following public statement to 3 suspects who fled to Canada (this statement was captured for the public record during a Canadian Broadcasting Corporation interview): "You're going to be the boyfriend of a very bad man if you wait out your extradition." After that it was very hard for the Canadian authorities to justify extraditing the suspects to the US. Now, agreed, it is rather unusual for a federal official to lose his grip this way, but everyone knows this is exactly the sort of power that "law" enforcement officials wield over criminals in the US. Why does it take a federal official slipping up royally like that to get asylum? To make matters worse, Keith claims he has been threatened with abuse in prison by Scientology zealots: "And cult agents have made fairly clear public threats that I would not survive jail." Is Keith making this up? Not likely. Scientologists aren't known for their tact, any more than are federal attorneys. Anyway, back to the question: Why should you care? Maybe you don't like Scientology. Maybe you like Keith. Maybe you just like to mess with the California government. Whatever, Keith Henson is asking for help and he quite probably actually needs it. Full discussion: http://www.kuro5hin.org/story/2004/9/14/32340/5809 -- ----------------- R. A. Hettinga <mailto: rah@ibuc.com> The Internet Bearer Underwriting Corporation <http://www.ibuc.com/> 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'