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This is the ruling which came down this afternoon from Judge Robert Wallerstein, the third judge to which the Henson case has been assigned. ************* The motion to Exclude Testimony concerning the "Fair Game" policy is granted with the following limitations: The court will conduct a 402 hearing prior of the qualifications of the defense expert to testify as to the existence of the "fair game" doctrine on the dates in question. In the event the court is not satisfied as to the experts qualifications the court will grant the Motion in Limne to include cross-examination. In the event the court finds the expert to be qualified, the court will conduct an additional 402 hearing to determine whether the testimony of the victim witnesses will disclose their membership in the Church of Scientology. The basis for the court's ruling is as follows: Section 789 of the evidence code does not permit religious beliefs to be challenged for the purpose of impeachment or bolstering a witnesses credibility. Thus, it would be unreasonable to question the witnesses as to what their religion was to test their credibility. There appears to be no such limitation where the issue of religion has been placed in evidence by the party seeking protection for the said belief. In the instant case the People apparently intend to place in evidence the fact that the victim witnesses are members of the Church of Sciedntology. The People cannot use as a sword the religion of the victim witnesses and allege that very assertion serves as a shield to questioning the credibility of the witnesses. The court will reconsider and grant the motion, if the People will not introduce the religious beliefs of the victim witnesses. MK