Judge says search went too far
Richmond Times-Dispatch
Saturday September 16, 1995
By The Associated Press

ALEXANDRIA - A federal search at the house of a critic of
Scientology went too far, and computer files and equipment taken
from the critic must be returned, a federal judge ruled yesterday.

U.S. marshals, acting on a court order, searched Arnaldo Lerma's
Arlington house 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," District
Judge Leonie M. Brinkema said at a preliminary hearing yesterday.

"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.

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 gives
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.