To bring you up to date, I filed a letter Monday with the Court asking Judge Whyte to recuse himself because he or his clerk are likely to be called as witnesses. Judge Whyte could have acted on that letter and recused himself on his own motion, but he decided it would be better to have me make the motion, and kindly pointed me to the correct section of the United States Code. His clerk informed me late Tuesday afternoon. So here it is Wed. morning, and I have these printed up on the *nicest* crisp legal paper you can imagine. Hacking the legal system is *fun*, much like finding bugs in software. Keith Henson PS, I would have called it a motion to recuse, but hey, who am I to argue with *Benders Federal Forms*? They call it a motion to dismiss. --------- Thomas R. Hogan, SBN 042048 LAW OFFICES OF THOMAS R. HOGAN 60 South Market Street, Suite 1125 San Jose, CA 95113-2332 (408) 292-7600 Roger M. Migrim William M. Hart PAUL, HASTINGS, JANOFSKY & WALKER 399 Park Avenue Thirty-first floor New York, New York 10022-4697 (212) 318-6000 Helena K. Kobrin, SBN 152546 7629 Fulton Avenue North Hollywood, CA 91605 (213) 960-1933 Attorneys for Plaintiff RELIGIOUS TECHNOLOGY CENTER H. Keith Henson 799 Coffey Ct. San Jose, CA 95123 (408) 521-0614 pro se UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA RELIGIOUS TECHNOLOGY CENTER, a ) Case No. C-96-20271RMW California non-profit corporation, ) Plaintiff, ) ) v. ) MOTION TO ) DISMISS H. KEITH HENSON, an individual, ) Defendant. ) ) ____________________________________ Defendant shows that the Honorable Ronald M. Whyte is disqualified from presiding as judge at the trial of the above numbered and entitled cause under the provisions of Title 28, United State Code, Section 455, due to his knowledge that he or his clerk are likely to be called as a material witness in the proceeding, as more fully set forth in the affidavit attached hereto and made a part hereof. Wherefore, Defendant moves that the Honorable Ronald M. Whyte declare himself disqualified to sit on the hearing of this cause and that another judge be assigned to hear this action. Dated April 9, 1996 H. Keith Henson 799 Coffey Ct. San Jose, CA 95123 [boilerplate parties copy cut] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA RELIGIOUS TECHNOLOGY CENTER, a ) Case No. C-96-20271RMW California non-profit corporation, ) Plaintiff, ) ) AFFIDAVIT--IN SUPPORT ) OF MOTION TO DISQUALIFY v. ) JUDGE [28 USCS SECTION ) 455(a)] H. KEITH HENSON, an individual, ) Defendant. ) ) ____________________________________ I am the Defendant in the above numbered and entitled cause. Judge Ronald M. Whyte or his clerk are likely to be called as material witnesses in the above numbered and entitled cause and is therefore disqualified to act in the above numbered and entitled cause under the provisions of Title 28, United Stated Code, Section 455(a)(iv). Plaintiffs filings in this case makes note of events involving Judge Whyte or his court throughout. Judge Whyte is known to have been aware of the only substantive matter Plaintiffs raise (the letter to Judge Whyte of March 26, 1996 posted to the Internet on March 30, 1996). Judge Whyte did not object to letter when defendant presented himself to Judge Whyte's clerk after the TRO hearing for Grady Ward (C-96 20207 RMW) on March 29, 1996. This may not imply approval, but it certainly is a material fact in determining Defendants state of mind and motive at the point Defendant posted letter. Additionally, Defendant would like to bring up the point that while Defendant could not show Judge Whyte to be biased toward Plaintiffs in his rulings, Judge Whyte has not been effective in enforcing Court orders of many months standing for the Plaintiffs to relinquish the fruits of the writ of seizure Judge Whyte later decided was an unconstitutional violation of Mr. Erlich's rights in case C95-20091 RMW. Unfortunately, Judge Whyte is far from being the only Judge who has had great problems in bringing Church of Scientology Plaintiffs into line. Dated April 9, 1996 H. Keith Henson 799 Coffey Ct. San Jose, CA 95123 Sent by email to hkk@netcom.com