https://www.scribd.com/doc/281864417/Limited-Powers-of-Attorney-Motion-for-Terminating-Sanctions-Fraud-Upon-the-Court
DECLARATIONS OF JOHN RUTGER PENICK, CLEA SURKHANG, PAULETTE BRANDT, PALDEN RONGE, AND DANIEL MEADE:
DECLARATION OF JOHN RUTGER PENICK
I, JOHN RUTGER PENICK, declare:
1. I
am a citizen of the United States who currently
resides in Los Angeles, California. I am the son of defendant, Kelley Ann Lynch. I am over the age of 18 years. I have personal knowledge of the facts contained in this
declaration and if called upon to testify I could and would testify competently
as to the truth of the facts stated herein.
2. My
mother and I lived at 2648 Mandeville Canyon Road, Los Angeles, California,
from approximately November 1997 until December 28, 2005. My brother, Ray
Charles Lindsey, lived with us until May 25, 2005. We lived in this home during the summer and
fall of 2005. On December 28, 2005, we
were evicted by the Los Angeles Sheriff’s Department.
4. At
no time did my mother and I have a female “co-occupant” who resembled the
individual described in the Proof of Service
related to Leonard Cohen’s lawsuit.
5. No one in our house was ever advised to
evade service and this was never discussed.
6. The individual the process server
alleges to have served, under penalty of perjury, is
described as Jane Doe, white female, 5’ 7”, 135 pounds, blonde hair, black eyes
- co-occupant. No such individual resided with my mother and I during
this period of time or at any other time during our
residency in this home. I am unaware of
any individual who matches the description provided by the process server in
this matter. On August 24, 2005, my mother did not match this
description.
7. In the late summer and fall of 2005,
Chad Knaak stayed with us. Chad and I
have been friends since childhood.
8. The
process server has stated, under penalty of perjury, that he attempted to serve the summons and
complaint in the above referenced matter on August 17, 19, 20, 21, 22, and 23,
2005 and notes that no one was home. My mother, Kelley Lynch, was home at
all times during this period. As I lived
with my mother, and was home at some point every day, I can unequivocally state
that my mother was home each and every day throughout the summer and fall of
2005. My mother had been in two car
accidents, neither due to any fault on her part, and did not have
transportation throughout most of the summer and fall of 2005. Her car was completely destroyed and I, and
others, brought food and other items home as she had no transportation. Our house was located quite far up Mandeville
Canyon Road and my mother would have had to walk miles to a store. My mother also did not have any money at this
time for any form of transportation, her phone, electricity, and other
bills.
9. In the spring of 2005, and the month of
August specifically, my mother wore her hair very dark brown, almost black, and
extremely short. She continued to wear
her hair in this manner throughout the summer and early fall of 2005. Paulette Brandt visited us regularly and
would bring food for the animals and hair dye for my mother. During the summer and fall of 2005, and the
month of August specifically, my mother was very thin, had blue eyes, and was
approximately 5’6” tall.
10. On or about August 16, 2005, I became
aware of Leonard Cohen’s lawsuit against my mother because my stepfather, Steve
Lindsey, called a friend of mine who brought it to her attention. Chloe Favella called me about the lawsuit and
I told my mother who said she was already aware because a journalist had
contacted her. Paulette Brandt also
printed out news articles and brought them when she visited.
11. On August 24, 2005, a little over a week
after Leonard Cohen filed his lawsuit, my mother came into my room and asked my
friend Chad Knaak if he would phone Leonard Cohen’s lawyer and leave a message
from her. It was my understanding that
my mother found his name and contact information online. She had handwritten the information on a
piece of paper and handed it to Chad. My
mother’s phone had been shut off and she was unable to place the call
personally. I was present when my mother
asked Chad to call Cohen’s lawyer to advise him that she had not been served
Leonard Cohen’s lawsuit and explain to him that IF he attempted to serve her
the lawsuit she would hold him personally accountable. Although I do not know who answered the
phone, I distinctly heard Chad tell the individual on the other end of the line
that my mother had not been served Cohen’s lawsuit and IF this lawyer attempted
to serve her the lawsuit she would hold him personally accountable. My mother was present for this call as well. Chad was very professional with the
individual he spoke with. I all recall
my mother asking him to be polite during the call.
12. It is my understanding that my mother was
never served Cohen’s lawsuit. Since the
summer of 2005, my mother has continually advised me that she was not served
Leonard Cohen’s lawsuit and had no idea what the actual allegations were until
the Complaint was posted online when she visited me at some point in 2010. I know this situation frustrated her and,
from what I recall, Leonard Cohen’s lawyers refused to speak with my
mother. She would borrow my phone to
attempt to speak with them and I was present for quite a number of these calls.
13.
At the beginning of October 2005,
our internet service was shut down and my mother would have to ask people to
borrow or use their computer so she could check her emails and respond to those
she received.
14. On December 28, 2005, the Los Angeles
Sheriff’s Department evicted us from our home.
My mother ended up homeless in Santa Monica for approximately 8
months. I went to live with family
friends in Brentwood, California.
15. Although this is out of chronological
order, at some point in the fall of 2004, based on Leonard Cohen’s statements
to City National Bank, my personal bank account had a freeze places on it and
was closed.
16. In or around January 2012, I visited my
mother in Berkeley, California. At that
time, I delivered boxes of evidence (and other items) I stored in my Los
Angeles, California storage center since we were evicted from our home in
December 2005. Until that time, my
mother had no personal access to these documents.
17. I am aware that on April 15, 2005, my
mother reported the allegations that Leonard Cohen committed criminal tax fraud
to Internal Revenue Service.
I declare under the penalty of perjury
under the laws of the State of California that the foregoing is true and
correct.
This
declaration is executed on this 9th day of March 2015 in Los Angeles,
California.
____________________________________
JOHN RUTGER PENICK
DECLARATION OF CLEA SURKHANG
I, Clea
Surkhang, do state and declare as follows:
1. I am a citizen of the United States who currently
resides in Longmont, Colorado. I am a close
personal
friend of defendant, Kelley Ann Lynch. I am over the age of 18 years. I have personal knowledge of the facts contained in this
declaration and if called upon to testify I could and would testify competently
as to the truth of the facts stated here.
2.
I have been a close friend of
Kelley Lynch’s for over 29 years. We met
at a Buddhist seminary in
the summer of 1985.
2.
During the mid-to-late 1980s,
Kelley and I both lived in New York City.
We saw each other
every week for dinners and spent time with one another over the
weekends. Kelley had a young son at the
time and they lived together in a beautiful apartment that she kept spotless.
3.
In 1987, I
moved from New York City to Colorado.
Kelley and I remained in close touch and
visited
one another when we were able to. My
husband, Yongzin Rinpoche, is also a close personal friend of Kelley’s.
4.
I have spent time substantial time with Kelley over the
years, watched her children grow up, and
know that
she is a very caring mother. Her first
love is her children.
5.
I am aware that Kelley worked as Leonard Cohen’s personal
manager for approximately 17 years.
She never
once indicated that they were having an intimate dating or engagement
relationship, brief or otherwise. Over
the years, we have frequently had long girl talks and Leonard Cohen was simply
not someone she was ever interested in dating or attracted to. I specifically recall asking her
directly: “Were you dating?” “Did you ever find Cohen attractive?” Her answer was always “No.”
6.
I’ve watched Kelley’s sons, Rutger and Ray, throughout
their childhoods. They are both bright,
good
hearted fellows. Kelley is an amazingly
strong, kind-hearted being, who has worked her entire life to help her
children, parents, friends, and everyone who needed her assistance. Her care for others is genuine and
profound.
7.
My husband and I visited Kelley in the late spring/early
summer of 2005. At that time, she was
approximately
5’6”, very thin, had large blue eyes, and wore her hair a very dark shade of
brown and extremely short. I recall this
because her appearance had changed radically from the last time I saw her.
8.
Since Leonard Cohen filed his 2005 lawsuit against Kelley
, she has continually maintained that
she was
not served the summons and complaint.
9.
In the spring/early summer of 2007, my husband and I invited
Kelley to stay with us at my
mother’s
home in Erie, Colorado.
10. I am quite
confident in Kelley’s integrity and the fact that she is as professional and
straightforward in her business dealings as
she has been in her friendship.
I declare
under penalty of perjury under the laws of the State of California that the
foregoing is
true and correct. On the 4th day of December 2015, I
verbally authorized Kelley Lynch to execute this declaration on my behalf in
Los Angeles, California.
___________________________________
Clea
Surkhang
DECLARATION OF PAULETTE BRANDT
I, Paulette Brandt, declare:
1.
I am a citizen of the United States who currently
resides in Los Angeles, California. I am a
close
personal friend of defendant, Kelley Ann Lynch. I am over the age of 18 years. I have personal knowledge of the facts contained in this
declaration and if called upon to testify I could and would testify competently
as to the truth of the facts stated herein.
2.
I have worked in the entertainment
industry for years and have held positions with Apple
Records,
ABKCO Records, Columbia Pictures, and Phil Spector.
3.
I first met Kelley Lynch when Phil
Spector and I visited Marty Machat’s office years ago.
Marty
Machat was an entertainment industry attorney who represented Phil Spector and
Leonard Cohen.
4.
When Kelley moved to Los Angeles in the
early 1990s, she and I began communicating
regularly
and developed a strong friendship. She
is a close personal friend of Phil Spector’s and worked as his assistant from
approximately 1988 until sometime in 1991.
I then went back to work for Mr. Spector. I worked as his personal assistant from some
point in 1991 until 2002.
5.
Throughout the summer and fall of 2005,
I visited Kelley at her home in Brentwood,
California
approximately once a week. I usually
would arrive at her house around 8 A.M. and stay for a few hours, sometimes
longer. She and Leonard Cohen parted
ways at some point in the fall of 2004 and, as of April 2005, she had reported
allegations that he committed tax fraud to Internal Revenue Service. It is my understanding that Leonard Cohen
then withheld commissions she was due and refused to address her ownership
interest in certain intellectual property.
This situation caused financial ruin for Kelley and, it is my personal
belief, led to the lawsuit in this case.
6.
When I visited Kelley in the summer and
fall of 2005, I would bring food for her animals, hair
dye,
and other items she could not afford.
Kelley’s phone and then electricity were shut off.
7.
During this period of time, I would
also dye and cut Kelley’s hair.
8.
Kelley did not attempt to evade service
of Leonard Cohen’s lawsuit. She has a
legal
background
and has been extremely frustrated over this situation. Cohen’s lawyers absolutely refused to
communicate with her, at all, throughout the entire litigation in this
case. She was representing herself and
wanted to file an answer to Cohen’s Complaint but was unaware of the actual
allegations raised. We both read the
news accounts.
9.
I was with Kelley when she repeatedly
attempted to Cohen’s lawyers about their failure to
serve
her, her interest in participating in discovery, and other issues related to
this and other cases that involved the two of them. It is my understanding that the default
judgment in this matter was used against Kelley in Natural Wealth’s lawsuit
against Leonard Cohen. That lawsuit was
not resolved until September 5, 2008 when the judge entered his opinion and
relied on the default judgment in this case.
10.
It is my personal opinion that Leonard
Cohen saw an opportunity not to serve Kelley,
understood
she was not represented by counsel, and felt it would be easier to simply
obtain
a
default judgment against her. Kelley did
not have the money to hire an attorney.
She didn’t even have the money to travel downtown to pick up a copy of
the Complaint. However, that is not
Kelley’s responsibility. The Plaintiffs
are responsible for properly serving defendant.
11.
Kelley answered her door whenever I
visited. She was not attempting to avoid
or evade
or
avoid anyone. She also answered it in my
presence when she was served legal documents in unrelated matters. Because Kelley was bankrupted over this
situation, her creditors filed lawsuits as well.
12.
The process server indicates that he
attempted to serve Kelley at 8:45 AM on August 23, 2005
and
notes that he knocked but no one answered.
Kelley had a doorbell; the back of her house was covered in wall to
ceiling plate glass windows; she would not have had the lights on in the
morning; and, Kelley always turns the lights out when she leaves a room.
13.
I visited Kelley on August 24, 2005
when the process serve allegedly served her.
I arrived, as
was
customary, quite early in the morning. I
recall Kelley’s frustration because Leonard Cohen’s lawsuit had been filed a
week or so earlier and she still had not been served. I had read about the case online. The LA Times brought the lawsuit to Kelley’s
attention and asked her for a quote. I
suggested that Kelley phone Cohen’s lawyer to ask him if there was a problem
with service. We discussed this while I cut
and dyed Kelley’s hair a very dark shade of brown, almost black.
14.
Kelley and I then went online and found
Cohen’s lawyer’s name in some of the articles
published
at that time. I was present when Kelley
googled this lawyer’s name and phone number.
We then walked outside to her son’s guesthouse. Kelley went inside and I stood in the
doorway. Rutger and his friend, Chad
Knaak, were inside with Kelley.
15.
Due to the fact that Kelley’s phone had
been turned off, Kelley asked Chad to phone Cohen’s
lawyer
to advise him that she was not served the lawsuit and IF he attempted to serve
her she would hold him personally accountable.
Kelley handed Chad the paper she had written Scott Edelman’s name and
number on. She asked Chad to be polite
and professional when he spoke to Edelman.
Chad called and had a conversation with someone at the law firm of
Gibson, Dunn. Chad explained that he was
Kelley’s housemate and repeated the message that she had NOT been served. While Chad was on the phone with Cohen’s law
firm, Kelley asked him to inform the party on the other end that the lawsuit
was retaliation over the fact that she reported allegations related to Cohen’s
alleged tax fraud to Internal Revenue Service and viewed the lawsuit as
retaliation.
16.
At the time Leonard Cohen filed his
lawsuit, he granted at least one interview to MacLean’s
Magazine
and his dissemination of defamatory statements about Kelley caused severe harm
to her reputation. This lawsuit, and the
news accounts of what occurred, have also exposed Kelley to quite a number of
individuals who have relentlessly targeted her, members of her family, close
friends, and others.
17.
From approximately June 2005 through
October 2005, I personally dyed Kelley’s hair very
dark
brown. On August 24, 2005, Kelley had
very short, extremely dark (nearly black) hair, large blue eyes, was extremely
thin, and was approximately 5’6” tall.
She did not resemble the individual described in the proof of service at
all. It is impossible that a process
server would describe her, at this time, as having blonde hair when her hair
color was almost black; black eyes when her eyes are very bright blue; or being
of medium build when she was exceedingly thin.
It is possible that a process server could view Kelley as being
approximately 5’7” but that is the only detail that I personally believe could
be used to describe Kelley as of August 24, 2005.
18.
I visited with Kelley for quite a long
time that day and have reviewed my records from that
period. Kelley, Rutger, Chad, and I were alone at
Kelley’s house. There was no other
female present and Kelley did not have a female “co-occupant.” Chad Knaak was staying with Kelley and
Rutger. No one came to the door that
morning and the process server clearly relied on an out-dated description of
Kelley.
19.
I attended the January 17, 2014 hearing in
this case and planned to testify. When
Kelley and
I
phoned Department 24 before the hearing, we were told that nothing else had to
be filed and she should simply show up for the hearing with witnesses. Kelley’s friend, Palden Ronge, also attended that
hearing with us. He also visited Kelley
throughout the summer and fall of 2005. Neither
of us was given the opportunity to testify.
20.
There is no way the process server saw
Kelley on August 24, 2005. I also do not
believe the
process
server visited her house on approximately six other occasions. Kelley was home constantly throughout this
period. She had been in an accident
(where she was hit by a careless driver) and left without transportation. Therefore, I would bring her supplies and
items she needed. She also did not have
any money at this period of time. Every
time I visited, Kelley would answer the door and she was clearly not attempting
to avoid or evade anyone. I am aware
that there are problems with process service and issues related to lack of
service. On at least one occasion, I
personally found legal documents (unrelated to this case) thrown on the ground
outside her home. I am presently
assisting with a case where lack of service is an ongoing problem. In fact, a Bankruptcy Court judge recently
dismissed a judgment due to lack of service and fraud in connection with the
proof of service. This appears to be a
growing problem in our legal system.
21.
This situation has been utterly
frustrating for Kelley because Cohen’s lawyers refused to speak
to
her, continued to behave in an unprofessional and hostile manner towards her,
and she did not have an opportunity to actually read Cohen’s Complaint until it
was posted online in the spring of 2010.
At that time, Kelley called me and we were in disbelief at the
allegations Cohen’s lawsuit raised.
Those allegations, from what I can tell, are contradicted by the
evidence. I have become relatively
familiar with the corporate records, and other evidence, related to this
case. That would include, but is not
limited to, federal corporate tax returns where Kelley is listed as a partner,
stock certificates, and contracts.
22.
Shortly after discovering the Complaint
online, Kelley moved to Ft. Lauderdale, Florida. She
did
not return to Los Angeles (apart from the period when she was incarcerated for
allegedly violating Leonard Cohen’s restraining order by requesting tax
information, etc.) until June 2013 when I invited her to stay with me. Kelley has been my roommate for over a year
and a half now. I view her as one of my
dearest friends and a blessing. What has
happened to her is a disgrace.
23.
Since Cohen filed this lawsuit in
August 2005, Kelley has continually maintained that she was
not
served the lawsuit. She and Rutger were
evicted from their Brentwood home in December 2005. I personally believe that Cohen and his
lawyers feel they can use abusive litigation tactics, including fraudulent
restraining orders, against Kelley because she has been representing herself
for the past 10 years and has no money to hire an attorney.
I declare under the penalty of perjury
under the laws of the State of California that the foregoing is true
This
declaration was executed on this 13th day of March 2015 in Los Angeles,
California.
____________________________________
PAULETTE BRANDT
DECLARATION OF PAULETTE
BRANDT
I, Paulette Brandt, declare:
1.
I am a citizen of the United
States who currently resides in Los Angeles, California. I am a
close friend of defendant, Kelley Ann Lynch. I am over the age of 18 years. I have personal knowledge of the facts contained in this
declaration and if called upon to testify I could and would testify competently
as to the truth of the facts stated herein.
2.
I have worked in the entertainment industry all of
my adult life and held positions at Apple
Records,
ABKCO Records, Columbia Pictures, and worked as Phil Spector’s personal
assistant from approximately 1991 through 2002.
I met Kelley through Phil Spector.
3.
Kelley and I became quite close after she moved to
Los Angeles and we spoke regularly over
the
years. After Kelley was evicted from her
home in December 2005, and ended up homeless due to the situation with Leonard
Cohen, she and I lost touch for a spell.
We touched base in 2010, when she was visiting Los Angeles.
4.
At some point in early 2013, Kelley sent me a note
through my Facebook account. I
responded
with an email in February 2013 that she posted on her blog. See Exhibit 1 attached hereto and made a part
hereof.
5.
Following that, I received an email from a
stranger, Stephen Gianelli, attempting to turn me
against
Kelley and slandering her. Since that
time, I have received countless harassing emails from this individual and
another individual by the name of Susanne Walsh (Leonard Cohen’s fan). I do not respond to his emails. He frequently copies in Kelley’s sons,
sister, Deputy City Attorney Vivienne Swanigan, and Investigator William
Frayeh, an investigator on the Phil Spector case. Gianelli and Walsh, together with others,
appeared to work in tandem. In fact,
Gianelli worked with Michelle Blaine, Phl Spector’s former assistant to target
and shut down Kelley’s blog and email accounts.
Stephen Gianelli’s harassing
emails continue until this day. I have
contacted LAPD’s TMU about this matter and spoken with LAPD detectives about
this harassment. I have also spoken with
Investigator Frayeh about the harassing emails as has Kelley. This situation is material to Leonard Cohen’s
lawsuit and default judgment. Stephen
Gianelli has publicly stated that he has communicated with Leonard Cohen’s
lawyers since 2009. I have attached some
of the most recent harassing emails I’ve received. The content relates to Phil Spector, DNA
evidence on the ammunition, and the motion Kelley is filing at this time in
Case No. BC 3383232. See Exhibit 2
attached hereto and made a part hereof.
6.
On or about June 1, 2013, Kelley returned to Los
Angeles, California. She had not resided
here, apart
from her visit with Rutger in 2010, since the fall of 2006. She has resided with me
since June
2013. I have spoken with Kelley’s
appellate attorney, Francisco Suarez, about this campaign of harassment. He too received emails from these
individuals, for over a year, and asked me to serve as a witness for
Kelley. Mr. Suarez advised Kelley to
forward these emails to the FBI and bring them to the attention of LAPD’s TMU
who were involved with Kelley’s arrest in March 2012 in connection to her
alleged violation of a restraining order Leonard Cohen obtained and her general
requests for tax information. Many people
who have provided Kelley with declarations have been harassed. Kelley, I, her sons, and others harassed
immediately after she moved in with me.
In July 2013, her younger son, Ray Charles Lindsey, provided her with a
declaration addressing this campaign of harassment. It has made him physically
ill. Kelley was and remains concerned
about the effects of this situation on both of her sons. Her sister’s lawyer advised Gianelli to cease
and desist. He refuses to do so. I have spoken with Kelley’s mother, who
authorized me to sign her declaration that was submitted with the motion, and
she expressed grave concern about this situation. See Exhibit 3 attached hereto and made a part
hereof.
7.
Kelley and I recently were interviewed by Truth
Sentinel, a small internet radio program.
We
discussed
Leonard Cohen and Phil Spector and these cases.
We mentioned the organized email harassment campaign. Stephen Gianelli then went onto that site and
began slandering Kelley and posting comments about the forensic science in Phil
Spector’s case. I personally believe
that this activity is meant to discredit Kelley, undermine her potential as a
credible witness, and also serves to intimidate people who support her, and
isolate Kelley. See Exhibit 4 attached
hereto and made a part hereof.
8.
I have provided the Court with a separate
declaration specifically addressing issues related to
Cohen’s
failure to serve Kelley the Summons & Complaint in this case. Given the fact that I was with Kelley on the
morning of August 24, 2005 and was present when Chad Knaak phoned Cohen’s
lawyer, I believe it is abundantly clear that she was not served.
9.
I have witnessed Kelley’s attempts to obtain the
transcript for the March 23, 2012 hearing
where Cohen
was asked if Kelley stole from him and replied “just my peace of mind.” That is highly relevant and material
testimony that critically undermines Cohen’s “misappropriations” argument and I
will point out that the “expense ledger” covers “misappropriations’ in
2004. Kelley spent over a year and a
half contacting LA Superior Court and the Court Reporter’s office. I have also called them on her behalf. For over a year and a half Kelley was told
that, because Judge Mayerson retired, she would be unable to obtain transcripts
of this hearing; the hearings were recorded but no one knew where the tapes
were maintained or how she could obtain them; without a present courtroom
department for Judge Mayerson no one could assist her; a court reporter would
not have been present during a misdemeanor hearing; and other similar comments.
Finally, on or about June 17, 2014,
Kelley located and reached the court reporter who was present for the March 23,
2012 hearing. I was present when Kelley
spoke to the court reporter in June 2014 for the first time and loaned Kelley
$75 for the transcript.
10.
On or about August 14, 2014, Kelley received the
transcript for the March 2012 hearing after
diligently
pursuing it since her release from jail, in the Cohen restraining order
violation matter, mid-September 2012.
11.
Since July 2014, Kelley has diligently worked on
the motion she has submitted to the Court.
A
lawyer she worked
for in her 20s advised Kelley that the legal issues raised in these matters had
his head spinning. Kelley has spent
countless hours researching legal issues related to this motion. She also did not have access to her
evidence. I drove to the Bay Area, where
it was stored, and picked it up for her.
12.
The default judgment has caused problems for Kelley
with respect to her 2004 and 2005
federal and
state tax returns. Leonard Cohen refuses
to provide Kelley with a 1099 for 2004 and corporate tax information for 2004
and 2005. She cannot file her tax
returns without this information.
I have personally spoken with IRS, and
other tax authorities, on Kelley’s behalf.
IRS confirmed that they are not in receipt of a 2005 required form 1099
from Leonard Cohen for Kelley; IRS has not received K-1 partnership documents
for companies Kelley has a legal partnership in; and, IRS advised me that
Kelley should contact Leonard Cohen personally to request this information and
ask him to rescind the K-1s his company, LC Investments, LLC, transmitted to
IRS in 2004 and 2005 indicating that Kelley is a partner on that entity. Problems have also arisen due to the fact
that Kelley was included on Traditional Holdings, LLC 2001, 2002, and 2003
federal tax returns, paid taxes, but the Court determined (when entering the
default against her) that she has no legal interest in that entity. The IRS records and filings and State Court
judgment contradict one another.
13.
I worked in
Statement Preparation at Columbia Pictures in the 1980s. I have never seen an
accounting that resembles the “expense
ledger” Cohen used to support the May 2006 default judgment. It is a meaningless list of numbers with no
information about corporate ownership interests, equity, assets, or
liabilities. Any advances to Kelley and
Cohen are missing or have been falsely represented as being “misappropriated.” Advances are customary in the entertainment
industry. Leonard Cohen’s loans are not
addressed. He has apparently taken loans
of approximately $6.7 million in connection with the Traditional Holdings, LLC
entity alone. I have reviewed the
corporate records, stock units, agreements, and federal tax returns and am
familiar with the evidence in general.
Kelley has a legal interest in numerous “Cohen related” entities; is
owed commissions for services rendered; and the “expense ledger” appears to be
evidence of financial and accounting fraud.
14.
I would like
to briefly address the restraining orders Cohen has obtained against
Kelley. I
believe he has used these as a litigation
tactic and they thoroughly discredit Kelley.
I have spoken directly with the Boulder Combined Court on approximately
three separate occasions in the past couple of years about the restraining
order Cohen obtained against Kelley in September 2008. On each occasion, the Boulder Combined Court
advised me that the 2008 order expired on February 15, 2009 and the judge entered
the Motion to Dismiss (that Kelley filed after the hearing) on January 12,
2009. Boulder Combined Court also
advised me that the order Cohen obtained there was not a “domestic violence
order.”
15.
I have also
spoken with Los Angeles Superior Court about Cohen’s registration of the 2008
Boulder order in California on May 25,
2011. I have been advised by Los Angeles
Superior Court that this order is a Family Court matter and relates to
“domestic violence.” Kelley was
prosecuted in 2012 under domestic violence statutes. I am addressing this issue because Michelle
Rice, in her January 4, 2014 declaration submitted to this Court, mentioned
“criminal restraining orders” they obtained against Kelley. Those orders, granted without a hearing, are
“domestic violence related” orders.
Somehow the original 2008 Boulder order has transformed into a “domestic
violence” matter.
16.
Kelley is
filing a motion to address the wrongful restraint related to Cohen’s litigation
tactic
restraining orders in the next week or so. She has been researching those issues
diligently as well.
17.
I would finally
like to point out that from 2005 until the present, Leonard Cohen’s legal
representatives refuse to communicate with
Kelley. She was not served the Complaint
in this matter and has been served
documents that were not filed with this Court (including the Objections
document Jeffrey Korn served her with the day before the January 2014 hearing
and Korn’s proposed order). It is
extremely obvious that Leonard Cohen and his legal representatives have abused
the justice system, restraining order process, and Kelley. Clearly, the believe they can take advantage
of her because she is self-represented.
The tactics that have been used against her are appalling.
18.
I was
present when Kelley phoned Jeffrey Korn, attorney of record in this case, to
advise him
that she planned to file this motion and
serve him. He advised her that he didn’t
know if he was the attorney of record and she could serve him a “courtesy copy.” Jeffrey Korn is the attorney of record in
this case. Stephen Gianelli has not
entered a formal appearance in this case and Kelley has been advised to address
the Cohen legal issues Gianelli emails her about with Jeffrey Korn as he has
filed a formal appearance on Cohen’s behalf.
I declare under the penalty of perjury
under the laws of the State of California that the foregoing is true
This declaration
is executed on this 13th day of March 2015 in Los Angeles, California.
____________________________________
PAULETTE BRANDT
EXHIBIT 1
From: Paulette Brandt <paulettebrandt8@gmail.com>
Date: Wed, May 29, 2013 at 10:55 AM
Subject: Fwd: Kelley Lynch has posted your contact information on her blog
To: Kelley Lynch <kelley.lynch.2010@gmail.com>
Dear Kelley,
This is what Gianelli sent me. I
just ignored it. He knows not what he says. Stay well.
Love,
Paulette
---------- Forwarded message
----------
From: STEPHEN GIANELLI <stephengianelli@gmail.com>
Date: Sun, Mar 10, 2013 at 3:38 PM
Subject: Kelley Lynch has posted your contact information on her blog
To: paulettebrandt8@gmail.com
From: STEPHEN GIANELLI <stephengianelli@gmail.com>
Date: Sun, Mar 10, 2013 at 3:38 PM
Subject: Kelley Lynch has posted your contact information on her blog
To: paulettebrandt8@gmail.com
Dear Ms.
Brandt:
Kelley Lynch
has posted your name and email address on her blog, and is pretending that the
two of you are of a like mind respecting her “theory” that entertainer Leonard
Cohen is on a “crusade” to destroy Phil Spector, and also “stole” from Marty
Marchant [sic]. (She claims Mick Brown of Rolling Stone [UK Telegraph] told her
that Leonard Cohen testified before the Phi Spector grand jury and from this
she infers that Cohen’s “perjury” is responsible for Spector’s murder
conviction, even though Cohen neither testified before the grand jury nor at
either one of Phil Spector’s murder trials.)
Be forewarned,
Kelley Lynch is very disturbed and mistakes silence in the face of emails as a
“relationship” and silence in the face of several hundred or more emails as a
“dear friendship”.
And should she
turn on you, you can expect 10,000 emails accusing you of every crime known to
mankind, CC to the IRS, the FBI, Governors, prosecutors and the media.
See here:
Kelley Lynch
also forwarded her email to you to various email recipients,
including the FBI, IRS, and Franchise Tax Board and members of the media, implying that the two you are
in “conversation”; here is her distribution list:
From: Kelley Lynch <kelley.lynch.2010@gmail.com>
Date: Sun, Mar 10, 2013 at 2:18 PM
Subject: Fwd: Have you seen this?
To: Dennis <Dennis@riordan-horgan.com>, "*irs. commissioner" <*IRS.Commissioner@irs.gov>, ASKDOJ <ASKDOJ@usdoj.gov>, Washington Field <washington.field@ic.fbi.gov>, "Kelly.Sopko" <Kelly.Sopko@tigta.treas.gov>, "Doug.Davis" <Doug.Davis@ftb.ca.gov>, rbyucaipa <rbyucaipa@yahoo.com>, Robert MacMillan <robert.macmillan@gmail.com>, moseszzz <moseszzz@mztv.com>, a <anderson.cooper@cnn.com>, "Hoffman, Rand" <rand.hoffman@umusic.com>, wennermedia <wennermedia@gmail.com>, "harriet.ryan" <harriet.ryan@latimes.com>, "hailey.branson" <hailey.branson@latimes.com>, Mick Brown <mick.brown@telegraph.co.uk>, woodwardb <woodwardb@washpost.com>, "glenn.greenwald" <glenn.greenwald@guardiannews.com>, lrohter <lrohter@nytimes.com>
Hello Mr. Riordan,
Date: Sun, Mar 10, 2013 at 2:18 PM
Subject: Fwd: Have you seen this?
To: Dennis <Dennis@riordan-horgan.com>, "*irs. commissioner" <*IRS.Commissioner@irs.gov>, ASKDOJ <ASKDOJ@usdoj.gov>, Washington Field <washington.field@ic.fbi.gov>, "Kelly.Sopko" <Kelly.Sopko@tigta.treas.gov>, "Doug.Davis" <Doug.Davis@ftb.ca.gov>, rbyucaipa <rbyucaipa@yahoo.com>, Robert MacMillan <robert.macmillan@gmail.com>, moseszzz <moseszzz@mztv.com>, a <anderson.cooper@cnn.com>, "Hoffman, Rand" <rand.hoffman@umusic.com>, wennermedia <wennermedia@gmail.com>, "harriet.ryan" <harriet.ryan@latimes.com>, "hailey.branson" <hailey.branson@latimes.com>, Mick Brown <mick.brown@telegraph.co.uk>, woodwardb <woodwardb@washpost.com>, "glenn.greenwald" <glenn.greenwald@guardiannews.com>, lrohter <lrohter@nytimes.com>
Hello Mr. Riordan,
Paulette
sent me a lovely link featuring Blaine on Aphrodite Jones. The system works
beautifully for the criminal. Paulette worked for Phil for years and NO ONE
contacted her - not the prosecutors, not the news media, etc. No one cares
about the truth. They like the garbage de riguer gun stories. They sell.
Love,
Kelley
See link, above.
Excerpts from
email to Kelley Lynch:
Saturday,
February 23, 2013
Phil Spector's Former Assistant
Dear Kelley,
I'm so glad to hear from you.
I'm so glad to hear from you.
I've learned that there are tons of really bad
people out there with no consciences. I have a hard time relating.
The "incident" at Phil's house gave the cops just what they needed to
crush him - forget what the truth was. I saw Phillip after the incident
and he told me what happened - and I believe him. He told me that before
leaving, Lana took one of the guns from the foyer and told him "this is
what I
can do to your cock" - and simulated going down on it - and it went off. No suicide - no murder - an accident. I have also been told that there was a "madam" who wanted to testify that Lana had done this before (obviously without the slip), but was not allowed to testify because she was going to say that she had hired Lana on occasion, and this would have made Lana look bad - and God forbid we taint the name of a deceased woman who made a stupid fatal mistake when they could destroy Phillip who the police hated for some time - you know, the little guy who made good - better than them. Remember, smart cops don't exist. If they have a high i.q. they are not hired. They look for followers, not leaders. I went to the trials twice. I don't know what they did to him. He was shaking and much slower than the Phillip you and I have known most of our lives. I don't know what they had him on. He was so happy to see me and came over to me and threw his arms around me. I felt so helpless. I don't know about his wife, Rochelle. I sincerely hope she loves him. I DO know about Michelle Blaine - she's a thief and a liar - a lowlife who had a plan from the get-go. She has a blog where she trashes him so badly. One would think if she despised him that much, how come she was working as his Assistant, and had me ousted to do so. I don't know how she got me fired, although I do believe Janis had a part in that too. I don't know why. My "romantic" days with him were long gone and I had no sights for him in that way. But I will always love him, but I am not In love with him and had not been for many many years. If I had still been working for Phillip, the incident would never have happened. Michelle Blaine took away Phillip's protection and the buffers he needed.
No, you would never hear me talking badly about Phillip, He actually was the significant older male figure in my life. I spent way more time with him than I did with my Dad - and he loved me. You may have seen me on Court TV where I came to his defense. The whole thing destroyed many many people - and there Phillip sits - in a room smaller that the smallest bathroom in his house. How cruel.
And they have put him so far away that you can't even get to him to visit him. I wrote to him once, but the letter came back.
With love,
can do to your cock" - and simulated going down on it - and it went off. No suicide - no murder - an accident. I have also been told that there was a "madam" who wanted to testify that Lana had done this before (obviously without the slip), but was not allowed to testify because she was going to say that she had hired Lana on occasion, and this would have made Lana look bad - and God forbid we taint the name of a deceased woman who made a stupid fatal mistake when they could destroy Phillip who the police hated for some time - you know, the little guy who made good - better than them. Remember, smart cops don't exist. If they have a high i.q. they are not hired. They look for followers, not leaders. I went to the trials twice. I don't know what they did to him. He was shaking and much slower than the Phillip you and I have known most of our lives. I don't know what they had him on. He was so happy to see me and came over to me and threw his arms around me. I felt so helpless. I don't know about his wife, Rochelle. I sincerely hope she loves him. I DO know about Michelle Blaine - she's a thief and a liar - a lowlife who had a plan from the get-go. She has a blog where she trashes him so badly. One would think if she despised him that much, how come she was working as his Assistant, and had me ousted to do so. I don't know how she got me fired, although I do believe Janis had a part in that too. I don't know why. My "romantic" days with him were long gone and I had no sights for him in that way. But I will always love him, but I am not In love with him and had not been for many many years. If I had still been working for Phillip, the incident would never have happened. Michelle Blaine took away Phillip's protection and the buffers he needed.
No, you would never hear me talking badly about Phillip, He actually was the significant older male figure in my life. I spent way more time with him than I did with my Dad - and he loved me. You may have seen me on Court TV where I came to his defense. The whole thing destroyed many many people - and there Phillip sits - in a room smaller that the smallest bathroom in his house. How cruel.
And they have put him so far away that you can't even get to him to visit him. I wrote to him once, but the letter came back.
With love,
EXHIBIT 2
Example of emails received and forwarded to Kelley
Lynch.
---------- Forwarded
message ----------
From: STEPHEN R. GIANELLI <stephengianelli@gmail.com>
Date: Tue, Mar 10, 2015 at 5:04 AM
Subject: As expected, no "motion" filed, nor will it ever be
To: Entire_World@gmail.com
From: STEPHEN R. GIANELLI <stephengianelli@gmail.com>
Date: Tue, Mar 10, 2015 at 5:04 AM
Subject: As expected, no "motion" filed, nor will it ever be
To: Entire_World@gmail.com
Case Summary
|
|
Case Summary
|
From: Paulette Brandt <paulettebrandt8@gmail.com>
Date: Thu, Mar 12, 2015 at 2:42 PM
Subject: Fwd: You now have 7.5 hours to file your purported "motion" as threatened (or not - like so many times before)
To: Kelley Lynch <kelley.lynch.2010@gmail.com>
---------- Forwarded message
----------
From: STEPHEN R. GIANELLI <stephengianelli@gmail.com>
Date: Mon, Mar 9, 2015 at 8:59 AM
Subject: You now have 7.5 hours to file your purported "motion" as threatened (or not - like so many times before)
To: kelley.lynch.2010@gmail.com
From: STEPHEN R. GIANELLI <stephengianelli@gmail.com>
Date: Mon, Mar 9, 2015 at 8:59 AM
Subject: You now have 7.5 hours to file your purported "motion" as threatened (or not - like so many times before)
To: kelley.lynch.2010@gmail.com
It
is now 9:00 am Los Angeles time on March 9, 2015 on the day you
most recently claimed (twice) that you would be filing your “motion” to refer
Leonard Cohen and others for a perjury prosecution in case number BC338322, the
matter wherein default judgment in the amount of $7.9M was entered against you
and you were permanently enjoined from asserting any ownership interest in any
Cohen related entities or in any entities created for Cohen’s benefit.
The
courthouse closes at 4:30 pm.
You
have seven and a half hours to file your “motion”.
I’ll
reserve judgment until 4:30 pm.
From: Paulette Brandt <paulettebrandt8@gmail.com>
Date: Thu, Mar 12, 2015 at 2:43 PM
Subject: Fwd: Your YouTube comments of today
To: Kelley Lynch <kelley.lynch.2010@gmail.com>
---------- Forwarded message
----------
From: STEPHEN R. GIANELLI <stephengianelli@gmail.com>
Date: Mon, Mar 9, 2015 at 1:21 AM
Subject: Your YouTube comments of today
To: kelley.lynch.2010@gmail.com
Cc: Entire_World@gmail.com
From: STEPHEN R. GIANELLI <stephengianelli@gmail.com>
Date: Mon, Mar 9, 2015 at 1:21 AM
Subject: Your YouTube comments of today
To: kelley.lynch.2010@gmail.com
Cc: Entire_World@gmail.com
Ms. Lynch,
You just posted that Lana
Clarkson’s fingerprints were found on the bullets found in the gun that killed
her.
This was never brought out during
the first or second murder trial, it was never mentioned in any news article,
and Mr. Spector’s defense attorney never mentioned it to me in any of our
numerous communications during the retrial. Nor is this “fact” mentioned in ANY
of Phil Spector’s many post-conviction appellate briefs.
Such evidence, if it existed, would
have guaranteed a NOT GUILTY verdict and would guarantee that Mr. Spector would
be out on bail pending appeal and not dying in a prison medical facility.
Therefore, one can say with
absolute certainty that you are LYING again as usual.
EXHIBIT 3
DECLARATION
OF RAY CHARLES LINDSEY
I, Ray Charles Lindsey, declare as follows:
1. I am over the age of eighteen. The following facts are within my personal knowledge and, if called and sworn as a witness, I could and would testify competently thereto.
2. I am a resident of California.
3. Since approximately 2009, I have been receiving emails from Stephen Gianelli, Susanne Walsh (Leonard Cohen’s fan), and others. Leonard Cohen’s lawyer, Michelle Rice, was copied in on some of these emails.. Apart from Leonard Cohen, I do not know these people and have never met them. These individuals were also posting on the internet about my mother. Most of the emails related to matters involving Leonard Cohen, IRS, and Phil Spector.
4. My mother was Leonard Cohen’s personal manager for approximately 17 years. They had a falling out in the fall of 2004 to my knowledge. My mother is also a friend of Phil Spector.
5. On or around May 6, 2013, Ray Lawrence began privately emailing me. I don’t not know him and have never met him. He made serious accusations about my mother and was angry with my Aunt Karen. Karen is my mother’s sister.
6. While Ray Lawrence was in Minnesota, my mother lived with his roommate, Michael Ingrassia. My mother moved out of their house on June 4, 2013 and shortly thereafter I began receiving an onslaught of emails from him, Stephen Gianelli, and Susanne Walsh. My mother was the target of those emails. Ray Lawrence accused my mother of many things, including stealing Michael Ingrassia’s computer. My mother then sent out an email from Michael Ingrassia confirming that he had given her the computer.
The accusations were
confusing and disturbing. Whenever one of these individuals accused my
mother of something in their mass emails, she would refute them, asked
Gianelli, Walsh, Lawrence, and others, to stop emailing her, asked them to stop
contacting her sons, family members, and friends, and/or advised them to cease
and desist.
7. On or around June 18, 2013, I wrote Stephen Gianelli, Susanne Walsh, and Ray Lawrence advising them to stop contacting me and my immediate family because their emails were making me ill. See Exhibit A.
8. On June 21, 2013, my brother, Rutger Penick, responded to these emails and addressed the fact that he felt Stephen Gianelli was picking on my mother because she is poor. He sent a copy of that email to Ray Lawrence and Susanne Walsh. My mother and I were copied in as well. See Exhibit B.
9. At some point, Ray Lawrence’s emails made demands on my mother about property and evidence she left at his house with his permission.. He began threatening to destroy them, sell them, or provide her documents to Leonard Çohen’s lawyer, Michelle Rice. Gianelli and Walsh also sent emails advising Lawrence to send my mother’s evidence and paperwork to Michelle Rice. This was upsetting to my mother and she emailed the recipients of the emails the agreement she and Lawrence had entered into permitting her to store her belongings at his house.
9. The emails from Ray Lawrence were extremely slanderous and accusatory with respect to my mother and were upsetting and confusing. For the time being, they seem to have stopped.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on July 17, 2013 at Los Angeles, California.
SIGNED & FILED WITH COURT
Ray Charles Lindsey
7. On or around June 18, 2013, I wrote Stephen Gianelli, Susanne Walsh, and Ray Lawrence advising them to stop contacting me and my immediate family because their emails were making me ill. See Exhibit A.
8. On June 21, 2013, my brother, Rutger Penick, responded to these emails and addressed the fact that he felt Stephen Gianelli was picking on my mother because she is poor. He sent a copy of that email to Ray Lawrence and Susanne Walsh. My mother and I were copied in as well. See Exhibit B.
9. At some point, Ray Lawrence’s emails made demands on my mother about property and evidence she left at his house with his permission.. He began threatening to destroy them, sell them, or provide her documents to Leonard Çohen’s lawyer, Michelle Rice. Gianelli and Walsh also sent emails advising Lawrence to send my mother’s evidence and paperwork to Michelle Rice. This was upsetting to my mother and she emailed the recipients of the emails the agreement she and Lawrence had entered into permitting her to store her belongings at his house.
9. The emails from Ray Lawrence were extremely slanderous and accusatory with respect to my mother and were upsetting and confusing. For the time being, they seem to have stopped.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on July 17, 2013 at Los Angeles, California.
SIGNED & FILED WITH COURT
Ray Charles Lindsey
EXHIBIT A
(RAY LNDSEY’S DECLARATION)
From: Ray Lindsey
Date: Tue, Jun 18, 2013 at 9:50 PM
Subject: I'm getting physically ill
To: Susanne Walsh <sanneka@esenet.dk>
Cc: Ray Lawrence <monchobear@gmail.com>, "STEPHEN R. GIANELLI" <stephengianelli@gmail.com>
Please discontinue contacting anyone in my immediate family. This is causing me to become ill as a result of the consistent bullshit. I just want everything to stop. I know I've added my share to the pool, but this is getting too much for me. I'm getting in over my head and it's hurting my heart to have to see my mother go through as a result of her own actions and the actions of others.
Can't we all just practice compassion for one moment, please.
EXHIBIT B
(RAY LINDSEY’S DECLARATION)
From: Rutger Penick
Date: Fri, Jun 21, 2013 at 5:48 AM
Subject: Re: I'm getting physically ill
To: STEPHEN GIANELLI <stephengianelli@gmail.com>
Cc: Kelley Lynch <kelley.lynch.2010@gmail.com>, Ray Lawrence <monchobear@gmail.com>, Susanne Walsh <sanneka@esenet.dk>
Stephen shut up already. Live the rest of your worthless life without picking on the poor. I am sure that makes you feel superior.
Sincerely,
Rutger Penick | MCTS:Windows 7
Date: Fri, Jun 21, 2013 at 5:48 AM
Subject: Re: I'm getting physically ill
To: STEPHEN GIANELLI <stephengianelli@gmail.com>
Cc: Kelley Lynch <kelley.lynch.2010@gmail.com>, Ray Lawrence <monchobear@gmail.com>, Susanne Walsh <sanneka@esenet.dk>
Stephen shut up already. Live the rest of your worthless life without picking on the poor. I am sure that makes you feel superior.
Sincerely,
Rutger Penick | MCTS:Windows 7
EXHIBIT 4
Truth Sentinel
Episode 40 (Phil Spector, truth, lies, guilt and innocence, murder trial)
Published on Feb 3, 2015
Truth
Sentinel Episode 40 - part 2 of Truth, lies, guilt & innocence looks at the
case of Phil Spector and asks if a retrial is needed. We speak to his former
assistant Paulette Brandt, to Kelley Lynch and our resident researcher Seth
Davis from 2 Real News.
Truth Sentinel
Episode 39 (Leonard Cohen, truth, lies, guilt, innocence, law, MK Ultra)
Published on
Feb 2, 2015
Truth
Sentinel Episode 39. Truth, lies, Guilt & innocence. We talk to Kelley
Lynch about her legal battles with Leonard Cohen. Writer Anne Diamond joins us
to talk about her experiences of dating & living next door to Cohen along
with his links to MK Ultra. Anthony K talks about MK Ultra and the experiments
that broke every ethical code of practice.
DECLARATION OF PALDEN RONGE
I, Palden
Ronge, do state and declare as follows:
1.
I am a citizen of
the Canada and permanent resident of the United States. I currently
reside in
Los Angeles California. I am a close personal friend of Kelley Lynch’s. I am over the age of 18 years. I have personal knowledge of the facts
contained in this declaration and if called upon to testify I could and would
testify competently as to the truth of the facts stated herein.
2.
My wife, Lila Rich, and I have
known Kelley for many years. I
personally met her approximately
1988. We are close family
friends and I know her parents and sons, Rutger and Ray. Over the years, we have visited each other
socially on many occasions and participated in many religious events
together.
3.
Kelley was an excellent and loving
mother. She took her role as a parent
seriously and saw to it
that her sons received the best education. She ensured that their personal needs were
met in every way. Ms. Lynch was
particularly diligent in supervising her children to insulate them from the
urban youth culture of drug and alcohol abuse.
Kelley’s sons are wonderful young men.
4.
I have known Kelley to be a
well-connected, professional woman, who multi-tasked at a dizzying
pace as she managed the business affairs for Leonard Cohen and
handled her other business matters.
Kelley worked as Cohen’s personal manager for approximately 17
years. It never once crossed my mind
that Kelley and Mr. Cohen were ever involved in any type of intimate dating or
engagement relationship. Nor had I heard
anything to indicate that their relationship was anything but
professional.
5.
I have worked with Kelley when she
and Oliver Stone sponsored a Tibetan
Buddhist meditation
center for His Holiness Kusum Lingpa. His Holiness Kusum Lingpa was a highly
regarded Tibetan Buddhist master. I had
the good fortune to serve as an interpreter for this remarkable man and was
involved in translating certain religious texts. His Holiness appointed Kelley to be his chos
kyi dags mos (lineage holder) and she worked quite diligently on his
behalf. It is my personal belief that
Kelley conducts herself professionally, ethically, and honestly in all areas of
her life.
6.
I visited Kelley throughout the
spring and summer of 2005. His Eminence
Choegon Rinpoche, a
mutual friend, often accompanied me on these visits. I distinctly recall Kelley’s appearance in
the summer of 2005, and specifically throughout the month of August 2005, due
to the fact that she changed the color radically. At that time, she had bright blue eyes, very
dark short hair, was approximately 5’6,” quite thin, and weighed approximately
110 pounds. For years, she had worn her
hair very light blonde and it took me some time to grow accustomed to Kelley’s very
dark hair and new look.
7.
In mid-June, Kelley was rear-ended
by a driver on Mandeville Canyon Road.
She was seriously
injured and hospitalized for head trauma and other medical
issues. I believe she also broke her
nose and seriously injured her neck and back.
I visited Kelley in the hospital at that time and, apart from her
physical injuries, she was her usual intelligent, caring, and humorous
self. I recall bringing her sushi.
8.
Shortly after this accident,
another driver on Mandeville Canyon Road, presumably on his cell
phone and not paying attention, pulled out suddenly and quickly
from a side street and slammed into Kelley’s passenger side. Kelley was again injured and this accident
destroyed her car. She was planning to
visit Lila and myself in Ojai, California and was unable to do so due to the
damage the car sustained.
9.
I am aware of the fact that Kelley
was home throughout the summer and fall of 2005. I
frequently visited, understood she had no transportation or money,
and when I rang the bell, she would simply open the door. It didn’t appear that she was attempting to
evade anyone. She informed me repeatedly
that she wanted to be served Cohen’s lawsuit and review the specific
allegations in the Complaint.
10. I distinctly recall during
the summer and fall of 2005 Kelley’s frustrated attempts to address the
fact that she was not served Leonard Cohen’s lawsuit. Kelley has continuously and consistently
maintained that she was not served this lawsuit. She was also extremely frustrated with the
conduct of and tactics used by Leonard Cohen’s representatives.
I declare under the penalty of perjury
under the laws of the State of California that the foregoing is true and
correct.
This
declaration is executed on this 9th day of March 2015 in Los Angeles,
California.
___________________________________
Palden
Ronge
DECLARATION OF DANIEL J. MEADE
I, Daniel
J. Meade, do state and declare as follows:
1.
I am a citizen of Halifax, Nova Scotia, Canada. I was
born and raised in the United States.
I am a close
personal friend of Kelley Lynch’s. I am
over the age of 18 years. I have
personal knowledge of the facts contained in this declaration and if called
upon to testify I could and would testify competently as to the truth of the
facts stated herein.
teacher, appointed me to the
position of Executive Director to the Philadelphia branch of Vajradhatu
International Buddhist Organization. At
that time, I was also quite close with her first husband, Richard Dallett. In fact, when Kelley was married to Mr.
Dallett, I worked with him on numerous projects. My wife and I spent a great deal of time
socializing with Kelley and Richard Dallett.
3.
Kelley's volunteer work with Philadelphia
Dharmadhatu included serving as my personal
secretary and administrative
assistant for approximately 2-1/2 years.
I was always pleased with her professional demeanor and diligent work.
4.
Kelley Lynch and I have remained extremely
close friends to this day. I view her as
one of my
dearest friends. We have stayed in close and constant contact
consistently for over 35 years.
5.
I also
know Kelley's parents, grandparents, brother, sister, sons and second husband,
Douglas
Penick, who is also a friend
of mine. Kelley has a very close
relationship with her family.
6.
In all the years I have known her, I have
appreciated her kindness and generosity towards me and
others, as well as various
organizations and Buddhist causes. His
Holiness Kusum Lingpa appointed Kelley Lynch to be his lineage holder. Kelley and Oliver Stone sponsored a Tibetan
Buddhist center for Kusum Lingpa Rinpoche and he evidently also appreciated
certain qualities that she embodies.
7.
Kelley is a quick wit and possesses a great
sense of humor. I would like to share a
story about
her with the Court: Approximately 13 years ago, my long term lady
friend, also a friend of Kelley's, was diagnosed with terminal cancer. For the next 4 months, Kelley called me every
day to check in about my state of mind as I was the primary care giver. Her support during this period of time was
invaluable and greatly appreciated.
After my friend's death, Kelley generously flew me out to Los Angeles to
visit and recuperate. My son also joined
us. She took a bit of time off work to
tend to my needs. I was able to spend
time with and became intimately acquainted with her sons, Rutger and Ray. I found the home environment to be very
loving, uplifted and dignified in a particular sort of Buddhist style. Kelley was a great host and obviously a good
and decent mother. It was a very
pleasant 5-6 weeks for me. But, during
my stay I witnessed a few rather unpleasant incidents: I was well aware that Kelley worked as
Leonard Cohen's personal manager. I had
been a fan of his music and poetry since the age of 13. One day the phone rang while Kelley was in
the shower, I picked up and Leonard Cohen asked “Is Kelley there?” I responded by asking “Who are you?” He replied “I am Leonard.” I then simply said “Leonard who?” and his
response was to become angry. He then
hung up on me. I actually meant this as
a joke. Of course, I knew it was Leonard
Cohen. His voice is very
recognizable. Later that morning, Mr.
Cohen emailed Kelley a very personal and vicious letter. She read it to me and I could not believe
what an abusive, humorless, and aggressive asshole he was to her. My little dream of the man who wrote these
profound song lyrics immediately went down the local toilet in Los Angeles at
that time. I asked Kelley to give me a
copy of this letter so I could share it with the world at large and inform them
about this man's true nature. I was in
disbelief at his level of hostility particularly given the fact that he holds
himself out to the world as some sort of religious sage. He was clearly jealous of my presence. Kelley discreetly declined to provide me with
a copy of this exceedingly disturbing email.
I do not believe she refused to give me the letter simply to protect her
position as Mr. Cohen’s personal manager.
I believe she declined out of a sense of respect for Leonard Cohen and
may have been trying to keep his weaknesses and unconscionable conduct towards
her private.
8.
The second unpleasant incident I would like to
share is as follows: One day, while
visiting Kelley
and her family, I was relaxing
by the pool. Kelley's great home care
assistant, Elena, had brought
me food. Elena was a delightful individual who took
great care of Kelley's sons and home while she was at work. Kelley was extremely busy working as Cohen’s
personal manager and also owned a greeting card company. She devoted a tremendous amount of time to her
sons, work, and charitable work. Kelley
is a tireless individual. Elena would
help with the boys when they returned from school or other activities, assist
with meal preparations, and appeared to love Kelley and the boys. Elena’s presence in the home was important. Kelley home-schooled her older son and
carpooled her younger soon. She had an
office in her home and worked there in the afternoons and on weekends. There were always numerous children and
teenagers in her home. Kelley provided a
stable environment for these young people but was very careful with boundaries
and discipline. Kelley was essentially a
single mother, raising her children with the assistance of her parents, and
wanted an adult present in the household at all times. Suddenly, out of the blue, Steven Lindsey
showed up unannounced - meaning he did not call or email asking if it was an
appropriate time to drop by. Steve
Lindsey is the father of Kelley’s younger son, Ray. I suppose he felt entitled to behave in this
manner because he was Ray's genetic father and felt he could do as he liked, in
an arrogant fashion, as rich people tend to do. Kelley was not pleased with the
invasion and from what I witnessed neither were her sons or Elena. I was sitting by the pool, clueless as to
Lindsey's arrival, when he sat down next to me.
He tried to be nice about the death of my girlfriend. The aggression Steve Lindsey brought into
that home was, from my perspective, overwhelming and loud. After helping to calm things down inside,
Kelley came out and made a few dark jokes about death, in a Monty Python sort
of way. She was trying to help me
through my grief in her playful fashion.
Steve Lindsey became offended by Kelley and my interactions. He stormed off angry and, from what I could
hear from outside, Ray was in the house quite upset. I asked Kelley – “Does he always invade your
home unannounced?” She replied, “Yes,
whenever he wants to.” I thought “How
sad for Ray and Rutger and you.” Kelley and
her sons were very, very close.
9.
It is my personal belief that both Leonard
Cohen and Steve Lindsey were obsessed with Kelley,
extremely possessive of her,
privately conducted themselves in a jealous and hostile manner towards her,
becoming angry, paranoid, and vicious when she was unable to immediately tend
to their specific needs.
10. In the
35 years I have known Kelley, I never once heard that she and Cohen were in a
brief,
intimate statutory required dating
or engagement relationship. I have, on
the other hand, heard first hand that she felt Cohen’s conduct towards her was
harassing, uncomfortable, and thoroughly unprofessional. At times, throughout the years, Kelley and I
have been involved in an intimate dating relationship and I feel absolutely
confident that had she been involved in a similar relationship with Cohen she would
have shared that information with me.
Kelley and I have a very direct and honest friendship.
11. Since 2005, when Leonard Cohen filed his lawsuit
against Kelley, she has consistently maintained
that she was not served the
lawsuit. This has been extremely
frustrating for her. Kelley and I have
discussed the tactics Leonard Cohen has used against her, the unprofessional
conduct of his representatives, slanderous comments to the news media, and
fraudulent restraining orders to discredit her.
Kelley has no interest in Leonard Cohen whatsoever. She has an interest in resolving the legal
issues, obtaining tax and corporate information she requires, and maintaining
the private and simple life she always have.
12. In the
35 or so years I have known Kelley (who is from Pennsylvania), it was never my
understanding that she was a
friend of Neal Greenberg’s. Greenberg
lived in Boulder, Colorado and perhaps they ran into one another briefly at a
Buddhist or social event.
13. I have
spent a great deal of time in religious retreats. In fact, when I was quite young I was in a 6
month retreat. I have never heard of a rigorous Buddhist “retreat”
where an individual has a work room, computer, fax, phone, keyboard,
participates in documentaries and interviews, records albums, and comes and
goes as one pleases.
14. These
are my thoughts about what a good person Kelley Lynch is. I have no fiduciary concerns
here. She is simply an old friend of mine and I am
concerned about her welfare and the welfare of her sons.
I declare
under penalty of perjury under the laws of the State of California that the
foregoing is
true and correct and that I executed this
Declaration on the 4th day of March 2015 at Halifax, Nova Scotia, Canada.
___________________________________
Daniel
J. Meade
