WRONGDOING AND BAD FAITH: A DOCUMENTED RECORD
Court after court has censured Graham Berry and ordered he pay sanctions for wrongdoing. Berry’s abusive litigation against the Church of Scientology is so severe, he is officially designated a vexatious litigant and was suspended from practice by the California State Bar. Documents from clients, courts and the bar illustrate Berry’s bad faith and misconduct.
“MR. BERRY ATTACHED MY SIGNATURE PAGE TO A DECLARATION WHICH I NEVER SAW OR AUTHORIZED.”
“Passages inserted without my knowledge or authorization in the version of my declaration filed by Mr. Berry include statements that are untrue and/or about which I have no personal knowledge. Not only did I not make these statements, I never heard of them before.”
CLIENT TESTIMONY ON GRAHAM BERRY FILING A MANUFACTURED DECLARATION
“THE DECLARATION MR. BERRY FILED WAS RETYPED…AND CONTAINED STATEMENTS WHICH WERE UNTRUE.”
“I prepared and signed an eight-page declaration which I transmitted to Mr. Berry. I have discovered that the declaration which Mr. Berry ultimately filed in the case was nineteen pages long. The declaration Mr. Berry filed was retyped without my knowledge and contained statements which were untrue and/or which covered matters of which I have no personal knowledge.”
CLIENT’S LETTER OF COMPLAINT TO THE STATE BAR ON GRAHAM BERRY
“MR. BERRY MODIFIED MY DECLARATION ADDING IN STATEMENTS THAT I COULD NOT IN FACT ATTEST TO FROM PERSONAL KNOWLEDGE.”
“Upon now reading the declaration that was filed it is clear that the intention of Mr. Berry was to create the false impression that I could testify to matters that in fact I am unable to.”
CLIENT TESTIMONY ON GRAHAM BERRY FILING A FRAUDULENT DECLARATION
“I CAN’T THINK OF A MORE UNDERHANDED WAY TO TREAT TWO OF YOUR CLIENTS THAN WHAT YOU DID TO US.”
“We don’t want things we didn’t write and that aren’t true on file in any court with our signatures on them. …
“I can’t think of a more underhanded way to treat two of your clients than what you did to us. … You no longer represent us for any purposes. What you did was unethical and probably illegal.”
CLIENTS’ LETTER FIRING BERRY
“WHERE THE EVIDENCE TO PROVE SCIENTOLOGY CULPABLE DOES NOT EXIST IT IS CONSIDERED ACCEPTABLE TO CREATE IT.”
“One of the points of Mr. Berry’s planned defense of Mr. Fishman was to show a ‘pattern and practice’ of Scientology’s behavior that would lend credibility to Mr. Fishman’s claim.…Where the evidence to prove Scientology culpable does not exist it is considered acceptable to create it by the same process of hearsay and conjectures.”
CLIENT AFFIDAVIT RECANTING TESTIMONY PAID FOR BY BERRY
“BERRY BECAME VERY OBNOXIOUS AND AGGRESSIVE TOWARDS ME. BERRY ACTED VERY NERVOUS AT TIMES AND EVEN THREATENED ME.”
Berry had a pattern of abusive conduct before making a career of harassing the Church. In the 1980s, he involved himself in a nonprofit AIDS medical research foundation in New York with notable medical researcher Mathilde Krim and scientist Dr. Joseph Sonnabend. Krim later wrote of how Berry unsuccessfully attempted to oust her and Dr. Sonnabend.
“Berry became very obnoxious and aggressive towards me. Berry acted very nervous at times and even threatened me.”
Krim brought in another attorney and obtained Berry’s resignation.
DECLARATION BY MATHILDE KRIM ON GRAHAM BERRY’S ABUSIVE CONDUCT