Title: McPherson Case Civil: Response to Flag's motion that scientology is a religion and IR is a religious practice
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA GENERAL CIVIL DIVISION ESTATE OF LISA McPHERSON, by and through the Personal Representative, DELL LIEBREICH Plaintiff, vs. Case No. 97-01235 Section "H" CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC.; JANIS JOHNSON; ALAIN KARTUZINSKI; and DAVID HOUGHTON Defendants. _________________________________/ PLAINTIFF'S RESPONSE TO FLAG'S MOTION THAT SCIENTOLOGY IS A RELIGION AND THAT THE INTROSPECTION RUNDOWN IS A RELIGIOUS PRACTICE COMES NOW the Plaintiff, ESTATE OF LISA McPHERSON by and through the Personal Representative, DELL LIEBREICH, through its undersigned attorney and hereby files its Response to FLAG's Motion that Scientology is a Religion and that Introspection Rundown is a Religious Practice as follows: Any group can call itself a religion. Only the sincerely held religious beliefs of a bonafide religion are protected by the constitution and statutes. Was Flag operating as a religious organization or a hotel when it practiced medicine without a license, falsely imprisoned, abandoned, and killed Lisa McPherson in its hotel for the last 18 days of her life? Since no religion can escape liability for these tortious actions, then why address the issue of religiosity? The following memorandum will demonstrate that Scientology is not a religion. If it is, then not all of Scientology technology can be claimed as being religious. In fact most of its technology, such as the Introspection Rundown and Isolation are secular in Hubbard's own words, involving no treatment at all. Most if not all of Scientology is secular in the sense that Dianetics and Scientology are psychological sciences according to Hubbard. Therefore, Scientology should not be blessed with an all encompassing blanket of religiosity. Case law discussed below requires that the sincerity of the religious claim must be determined and each material writing of Hubbard must be examined to recognize its status: secular or religious. Scientology's claim of religion is pretextual. It is a religion of convenience. It changes from a secular to a religious status depending upon the legal or societal or business circumstances it finds itself in and how it can exploit those circumstances to its benefit. In essence, Scientology is a fraud, a false religion. Unlike any other true religion, Scientology did not redefine itself as a religion in order to address mankind's ultimate concerns in the universe. It puts on its religion hat only when it serves its purpose to be protected by the Religion Clauses and Florida's RFRA. As a result of being declared a religion by default, courts have reluctantly, but narrowly, defined Scientology to be a religion (only to the specific case), since its founder appropriated metaphysical and religious trappings and nomenclature from other well established religions. Due to the way that Scientology founder L. Ron Hubbard decided to establish Scientology as a religion, that the Scientology non-amendable "scripture" are the writings of L. Ron Hubbard, and the testimony of former and current Scientologist's, as detailed below, the Plaintiff will not concede that Scientology is a religion entitled to constitutional protection for all intents and purposes. The Estate will stress to this court that even if it is a bonafide religion, not all of Scientology "technology" falls within the definition of religion, and therefore not all of Scientology, including Church of Scientology Flag Service Organization Inc., Flag, is protected by the Federal or State constitutions or statutes. Even if they were, the claim to religious status is not sincerely held to the extent for entitlement to First Amendment or RFRA protection. I. INTRODUCTION Defendant Flag Service Organization (Scientology) has asked this Court to take judicial notice that it is entitled to constitutional protection as a religion under the First Amendment. The Court declined the invitation. Now, Scientology implores the Court to grant summary adjudication on the issue and to find that the Introspection Rundown merits First Amendment protection as well. Scientology seeks such adjudication as part of a litigation strategy which seeks to import constitutional protection for what otherwise is indefensible conduct. The strategy is that if Scientology can annex religious status to itself in this case, it can then claim that its right to believe in the Introspection Rundown and to condemn all mental health professions is absolutely protected. Seeking to craft a constitutional immunity for itself, Scientology will next seek to sweep its conduct within the scope of the absolute protection granted to religious belief. Under the facts and circumstances of this case, in conjunction with Scientology's characteristic conduct in the larger society, plaintiff will not defer by default to Scientology's religious claims. Plaintiff chooses to put Scientology to the test of its bona fides. Plaintiff will argue that it is inappropriate and unconstitutional to grant religious protection to an organization whose conduct features hatred, keeping an incompetent woman in captivity, while keeping her in captivity subjecting her to medieval treatment which is the modern equivalent to torture, watching her while she deteriorates to the extent that she dies, and then trying to cover up the cause of her death by lying so as to deny that her abuse, deterioration and death were part and parcel of what otherwise Scientology would claim to be religious belief and practice. Whether Scientology merits religious protection or not can be no more determined on summary adjudication that it can be pursuant to judicial notice. It has imprisoned, tortured, killed and lied. Plaintiff challenges Scientology to prove that this is bona fide religious belief and practice. In order to illustrate to the Court the importance and the depth of this challenge, particularly to illustrate Scientology's myriad forms of abuse and lying, plaintiff's statement of facts is, perforce, lengthy. Had Scientology treated her as one would expect a bona fide religion to do, Lisa McPherson's life would have been likely to be lengthy as well. II. SEEKING DETERMINATION OF RELIGIOSITY IS AN IMPERMISSIBLE ATTEMPT TO GAIN AN ADVISORY OPINION. This court should not succumb to the public relations strategy demand of FLAG to render an advisory opinion to determine Scientology is a religion and the Introspection Rundown is a religious practice for the following reasons: 1. Lisa McPherson was not participating in any claimed religious service during her stay at the Ft. Harrison Hotel which is operated by Flag. 2. Even if Scientology and Flag are totally and sincerely religious and the Introspection Rundown is a religious practice, (a), neither the religion clauses of the First Amendment, Florida's constitution, nor Florida's RFRA will protect coercive conduct resulting in injury, and (b), nothing in Scientology permits forced medical services upon a member by unlicensed care givers. 3 Based upon all of the above, Scientology's demand to determine the religiosity issues is nothing more than seeking an impermissible advisory opinion. Whether or not Scientology is a religion is not dispositive of the issues of this case involving torts, since Lisa McPherson was not engaged in any claimed religious services or activities, and if she were, there is no protection for the Defendants based on the religiosity of Scientology. Cantwell. Flag never raised the religion issue in its filed answer to the original complaint. After the instant suit was filed, on February 22, 1997, attorney Sandy Weinberg, counsel for Flag in this case and the related criminal case, also wrote a letter to the Clearwater Police Department stating that Lisa McPherson was not at the Ft. Harrison for religious services: "you have also asked for the person who was in charge of Lisa's stay at the hotel in November and early December. Lisa was not at the hotel for services and therefore there was no auditor or case supervisor from the Church in charge. However, Alain Kartuzinski and Janice Johnson periodically received information on her status. (emphasis added) In fact, during depositions in the instant case, FLAG's counsel strenuously objected to any questions of parishioners concerning claimed religious practices or beliefs on the basis that "inquiring as to religious beliefs....has nothing to do with this lawsuit." (3-24-99 Deposition of staff member Paul Greenwood, p. 39:14-16.) Robert Johnson, the corporate attorney and resident agent for Flag, wrote a letter a year before the above letter in February of 1996 to the Clearwater Police Department, which was investigating the suspicious death of Lisa McPherson. There he stated that Lisa McPherson was merely a hotel guest "for rest and relaxation" at the Ft. Harrison Hotel. In that letter, attorney Johnson also misrepresented to the police that the personnel of the Medical Liaison Office, MLO, were not performing any medical functions but were only there to refer members or staff to a doctor or dentist. On a television news show, Inside Edition, airing in January of 1997, Elliot Abelson, chief corporate legal counsel for all of Scientology, also stated that Lisa was there as a hotel guest for rest and relaxation. In essence, Flag is seeking an advisory opinion from this court which is not permitted since the religiosity of Scientology and Flag has absolutely no bearing upon the issues of this case. In the interest of the Baby Boy G. v. Prospective Adoptive Parents, 703 So. 2nd 1103 (Fla. 2nd DCA ,1998), where the prospective adoptive parents sought a declaratory judgment to seek an opinion or factual findings on matters that would be determinative in other pending cases, which are not before the trial court, found to be an attempt to seek an impermissible advisory opinion. In State v. Schebel, 723 So. 2nd 830 (Fla., 1999), seeking a court opinion on speculative facts would necessarily be advisory in nature and therefore impermissible. Janice Johnson, a deputy in the Medical Liaison Office, who was responsible for handling staff employees in their dealings with health related professionals, told the police during her attached interview of May 29, 1996, that Lisa McPherson was only in the hotel as a guest for rest and relaxation. Johnson: The Church doesn't treat mental illness at all ... I mean...she did the usual thing. If you think somebody's mentally ill, then they go and get evaluated. You see...the point ...of Scientology isn't to treat physical or mental illness... Its strictly for spiritual gain. So it's not like a Christian Scientist ... Our guidelines is that ...if you are sick, you get treated...you get physically taken care of ...it's not like Christian Science where you avoid all medical treatments.. .you're supposed to depend on faith to heal you or something. That's not what's going on." (At page 59). Det. Sudler: But was Lisa ... was she...did she go to the Church for any courses or any programs to help her? Johnson: No. She .. She simply wanted to have a chance to get away from whatever pressures that she was under and chill out and just... Just relax and rest...That's not the purpose of Scientology... to treat any kind of mental or physical illness. (At p. 60). Johnson: Well, she simply wanted to be there to... to just rest and relax. She had not originated that she wanted to do anything more. ...Than just have a place to just be away from the pressures of life. Det. Sudler: Okay. So she didn't go there to take a course or she wasn't part of any program or anything like that to try to help her out of the situation she was in? Johnson: No. Det. Sudler: Just she needed a break from everything. Johnson: Yeah. That was the... That was the whole reason she was there. She wasn't doing anything else but just relaxing...people don't start on a course if it's not their idea to do it. (At page 62). Johnson: Nobody's pushed to stay if they don't want to stay. (At page 66). The very next day after the above Janice Johnson interview, Alain Kartuzinski, the Senior Case Supervisor, reiterated to the police that Lisa McPherson was a mere hotel guest and staying at the hotel for rest and relaxation. (See attached statement dated May 30,1996). Top official for Scientology, Michael Rinder, was also quoted in a 1997 St. Petersburg Times article by Tom Tobin, that Lisa was in the hotel for rest and relaxation and could have similarly died in any other hotel. (See Kent affidavit). Likewise, Defendant David Houghton, now a licensed dentist, stated in the attached interview under oath to the prosecutor that Lisa had trouble sleeping and staff members were merely watching her to make sure she had adequate sleep and nourishment. Houghton admits to forcibly injecting Lisa three times with aspirin and Benadryl at the rear of her mouth with an irrigation syringe without her consent while other staff held down her legs and arms. In light of the above letters from corporate counsel Robert Johnson and the letter from Mr. Weinberg, one wonders how FLAG in the instant action can in good faith come into this court and argue that Lisa McPherson was engaged in religious services and spiritual treatment at the Ft. Harrison Hotel and therefore, FLAG is entitled to protection under the First Amendment and Florida's RFRA. IF MR. WEINBERG AND ROBERT JOHNSON TOLD THE TRUTH IN THEIR LETTERS TO THE CLEARWATER POLICE DEPARTMENT, (WHICH AS OFFICERS OF THE COURT WE ASSUME THEY DID), THEN THE ISSUE OF THE RELIGIOSITY OF SCIENTOLOGY IS MOOT. Mr. Kartuzinski later testified under oath to the Pinellas County State attorney, Douglas Crow, that he had lied many times to the Clearwater police during their criminal investigation including whether Lisa being merely a hotel guest inside the hotel for rest and relaxation. (See attached statement of Alain Kartuzinski of October 13, 1998 p. 70, 71,72, 73, 74, 75, 76, 79, 80,). He did say he lied to the police even though during the interview he had Flag counsel present. Mr. Kartuzinski, also admitted on p. 81 that after lying to the police during their criminal investigation of the death of Lisa McPherson, he had another interview with Flag counsel and confessed to Flag counsel that he had lied to the police. Although he was reprimanded by Flag counsel that he lied to the police, Flag counsel wrote two letters to the police indicating that Lisa was only in the hotel for rest and relaxation. Flag counsel never corrected the lies of Kartuzinski. Kartuzinski does admit in his sworn statement to the prosecutors on October 13th 1998 , that he, not Lisa, is the one that decided to take Lisa McPherson back to the Ft. Harrison Hotel,( p.62:24-63:2 and 66:14-16), and that there were absolutely no religious service being performed on Lisa McPherson during her last 18 day stay at the Ft. Harrison Hotel: "Their directions from me precisely were to not do anything to her, make sure that she had enough to eat, that she--that there was no noise, no talking to--that could make or worsen and that she could sleep in peace and rest and that if she was doing anything to herself or other people, that, of course, they would have to generally prevent bad (sic?) from occurring. At 127:1-7. So if counsel for Flag conveyed the truth to the Clearwater Police and if Mike Rinder, one of the highest executives for the Church of Scientology worldwide, told the truth to the St. Petersburg Times, and if Kartuzinski, the highest technical person at Flag told the truth to the prosecutors that Lisa McPherson was not engaged in any "services" during the last 18 days of her life, because she was not physically and mentally able to do so, then the religiosity issue is moot. It is as false as the religious claim of Scientology. However, if everyone above is perpetrating perjury and fraud, then we will continue to address the following issues. III. SCIENTOLOGY'S IDEOLOGY IS IMBUED WITH OPPORTUNISM AND SCAPEGOATS THE "PSYCHOTIC" A. The Essential Dichotomy Of Theta And Entheta Scientology's ideology breaks reality down into an essential dichotomy based on "reason" and "insanity." On one side is "theta" which is "1. thought, life force, elan vital, the spirit, the soul or any other of the numerous definitions it has had for some thousands of years. . . . 4. Reason, serenity, stability, happiness, cheerful emotion, persistence, and the other factors which man ordinarily considers desirable." (Dianetics and Scientology Technical Dictionary (1981) [hereinafter "Dictionary"] at 429) The other side of the dichotomy is comprised of "entheta" which "1. Means enturbulated theta (thought or life) [] ; especially refers to communications, which, based on lies and confusions, are slanderous, choppy, or destructive in an attempt to overwhelm or suppress a person or group. 2. Theta which has become confused and chaotically mixed with the material universe and which will lie in this confusion until death or some other process disenturbulates it. Theta, below 2.0 on the tone scale, we call entheta. 3. Anger, sarcasm, despair, slyly destructive suggestions." (Dictionary at 144) Subject to Hubbard's quantitative analysis, ". . . when we have more entheta than theta, the theta is likely to become entheta. This is the contagion factor of aberration. Theta itself could be called reason; entheta could be called unreason. Reason in sufficient quantity brought into the presence of a lesser quantity of unreason will cause reason to prevail. Unreason in sufficient quantity brought into the presence of a lesser quantity of reason will cause that reason to become unreason." (Hubbard, Science of Survival (1978) at 42-43; underline added) "Entheta will tend and act in the direction of death." (Ibid.) Thus, the "psychotic, for instance, will ruin any[thing] he contacts." (Ibid.) B. The Thetan And The Clearing Of The Reactive Mind - Auditing Thus, Scientology presupposes a "thetan," the equivalent of the soul, which is immortal and has assumed various bodies in past lives and distinguishes "between the 'reactive' or passive (unconscious) mind and the 'analytical' or active mind. The reactive mind records what adherents call 'engrams,' which are spiritual traces of pain, injury or impact that impeded the attainment of enlightenment. The reactive mind is believed to retain engrams that go back to the fetal state and reach further back even into past lives. . . . unless one is freed from these engrams, one's survival ability . . . will be severely impaired." (Ex. I to Motion, Scientology, A Reference Work at 151.) The purpose of Scientology is to address "the human problem" by a "process of actualizing a lost or hidden human spiritual power or dimension of life" (Ex. I to Motion, Scientology A Reference Work at 187) which is accomplished "through the many levels of auditing and training, which constitute the central religious practices of Scientology. . . . A neophyte or beginner in the auditing/training process is called a preclear and one who has removed all engrams is called a Clear."Such "Clearing" has a "beneficial effect of the person's family, group, environment and sphere of influence." (Ex. I to Motion, Scientology A Reference Work at 151.) Auditing results in "case gain," the "improvements and resurgences a person experiences from auditing." (Dictionary at 61) One of a Scientologist's ultimate goals is obtain the state of "Clear" which is a person who "has no vicious reactive mind and operates at total mental capacity just like the first book [Dianetics the Modern Science of Mental health] said." (Dictionary at 75, def. 5) The necessary result is to turn "the tide of civilization . . . to the better, " achieving the central aim of Scientology, "A civilization without insanity, without criminals and without war, where the able can prosper and honest beings have rights, and where man is free to rise to greater heights." (Ex. I to Motion, Scientology A Reference Work at 152, 153.) C. All People Are Either "Social" Or "Anti-Social" - Well Disposed To Scientology Or "Suppressive Persons" Who Are Subject to Destruction As "Fair Game." In 1951, before there was any Scientology "religion," L. Ron Hubbard explained that "The goal of Dianetics is sanity. It would be stopped only by the insane." (Science of Survival at., viii) Thus, as he breaks down the universe into a life and death dichotomy, so too he breaks down all the people in the world into two categories that he calls Good and Evil. Good, bluntly, is survival. Evil is non-survival. Construction is good when it promotes survival. Destruction is bad when it inhibits survival. Destruction is good when it enhances survival. An act or conclusion is as right as it promotes the survival of the individual, future, group, mankind or life making the conclusion. To be entirely right would be to survival to infinity. (Id., at 34) Hubbard teaches that in human life there are good people and bad people, as well as those who cycle through periods of good and evil. "The basic travail of man is that he is divided into those who build and those who demolish, and in this conflict of intentions his fight, whichever side he is on, is always lost. Or was lost until Scientology came along" (Ex C to Motion, Scientology Ethics, at 170, 172) According to Scientology, there "are two dominant behavior patterns" for human beings. "There are people then who are trying to build things up and others who are trying to tear things down. And there are no other types." (Id., at 170) Indeed, 20% of humanity "oppose violently any betterment activity or group" because they have "antisocial tendencies." Characterized by an "antisocial personality" shared by Hitler and Napoleon, (Id., at 173), such persons don't "respond to treatment or reform or psychotherapy." Their state is such as "It is quite useless to treat or help or train such persons so long as they remain under the influence of the antisocial connection." (Id., at 175) Thus, a person who commits "suppressive acts" and "high crimes" which are those which "suppress, reduce or impede Scientology or Scientologists"(Id., at 294), is called a "suppressive person." (Id., at 183) The suppressive person is to be guarded against, is to be feared. Outright or covert acts knowingly designed to impede or destroy Scientology or Scientologists is what is meant by Acts Suppressive of Scientology or Scientologists. The greatest good for the greatest number of dynamics requires that actions destructive of the advance of the many, by Scientology means, overtly or covertly undertaken with the direct target of destroying Scientology as a whole, or a Scientologist in particular, be summarily handled due to the character of the reactive mind and the consequent impulses of the insane or nearly insane to ruin every chance of Mankind via Scientology. (HCO Policy Letter 23 December 1965 Ethics, Suppressive Acts, Suppression of Scientology and Scientologists, The Fair Game Law at 554, Exhibit B to Declaration of Jesse Prince) Thus, by means of this institutionalized dichotomy, Scientology scripture commands that Scientologists are treated according to one standard, and SPs by another. Such suppressive persons are the "enemies" of Scientology. As such they are to be treated differently from the way Scientologists are treated. "That person may be deprived of property or injured by any means by any Scientologist without any discipline of the Scientologist. May be tricked, sued or lied to or destroyed." (Allard v. Church of Scientology (1976) 129 Cal.Rptr. 797, 800, fn. 1) Scientologists deserve protection from psychotics and criminals, from suppressive persons and overt and covert acts. Scientology protection is getting more and more real and within a year or two will be quite adequate for anyone. Now if we carry forward the deadly disease of stupidly refusing to recognize when somebody wants to do us in, that we must at least refuse to help him do it, someday Scientology Orgs will start reducing various rights of Scientologists to decent treatment and fair play. (HCO Policy Letter 17 March 1965 Fair Game Law, Organizational Suppressive Acts, The Source Of The Fair Game Law, Exhibit C to Declaration of Jesse Prince) D. The "Potential Trouble Source" Is Trouble To Scientology Because It Impedes Scientology's Advancement By A Connection To A "Suppressive Person" A "potential trouble source" is a person "who makes the trouble." (Exhibit C., Scientology Ethics, to Motion at 183) Because a suppressive person "approves only of destructive actions and fights against constructive or helpful actions or activities," (Id., at 176), Scientology's ideology posits that the antisocial personality impedes its advancement. Connection with a suppressive person has a frighteningly corrosive effect on other Scientologists. Thus, the source of trouble is a connection with a "suppressive person" whom a Potential Trouble Source must either "handle" or from whom he must "disconnect." (Id., at 184) "When treated or educated, the near associate of the antisocial personality has no stability of gain, but promptly relapses or loses his advantages of knowledge, being under the suppressive influence of the other." (Id., at 175) A Scientologist who is "connected by familial or other ties to a person who is guilty of suppressive acts is known as a potential trouble source or trouble source." (Ex C to Motion, Scientology Ethics, at 312) "A roller coaster is always connected to a suppressive person and will not get steady gains until the suppressive is found on the case or the basic suppressive person earlier. Because the case doesn't get well he or she is a potential trouble source to us, to others and to himself." (Dictionary at 358) E. The "Psychotic," A "Potential Trouble Source - Type III," Is Connected To "Suppression" And "Evil" And Presents The Threat Of "Contagion Of Aberration" Considered in a specialized category of dangerousness is the "psychotic . . . that one which threatens the survival of the individual himself or of those around him." (Science of Survival, at 25) She "is a person who is physically or mentally harmful to those around [her] out of proportion to the amount of use [she] is to them." (Science of Survival, at 26) She is the worst of the three types of potential trouble sources, the PTS - Type III. Type IIIs are "types [that] are mostly in institutions or would be. In this case the Type II's apparent SP is spread all over the world and is often more than all the people there are - for the person sometimes has ghosts about him or demons and they are more apparent SPs but imaginary as beings as well. All institutional cases are PTSes. The whole of insanity is wrapped up in this one fact. The insane is not just a bad-off being. The insane is a being who has been overwhelmed by an actual SP until too many persons are apparent SPs. This makes the person roller-coaster continually in life. " (Ex C. Ethics at 185-186; Ex.D to Motion at 3) Although Hubbard claimed - in the instances where they did not die - to have been able to cure "psychosis," he never retracted his essential point of view that such people were extremely dangerous because a psychotic could violently attack those trying to "help" him or his psychosis could contaminate his care givers. Psychotic is not really a noun but an adjective. However, psychiatry uses it as a noun to mean an individual afflicted with a psychosis. A psychosis is any major form of mental affiliation or disease. In other words, a psychotic so far as we are concerned, is an individual who cannot handle himself or his environment well enough to survive and who must be cared for to protect others from him and to protect him from himself. [] The psychotic state which receives the most interest is that one which threatens the survival of the individual himself or of those around him. (Science of Survival at 25) "A psychotic is a threat of death for somebody or something, if not for himself. . . . The psychotic is a definite liability to the auditor, not so much because of what processing or what unskilled processing may do, but because some factor may come suddenly into the environment of the psychotic which causes him to commit murder or suicide." (Science of Survival at 28) "Psychotics deal with doing people in. Their whole mission in life is destruction." (Introduction to Scientology Ethics at 247) Hubbard and Scientology evaluate people by means of the E-meter's "control lever" or "tone arm" "which registers state of case at any given time in processing." (Dictionary at 441) A person whose tone scale reading is "below the 2.0 level, no matter their avowed intention, will bring death or injury to persons, things and organizations around them, if in the anger bracket, or death to themselves, if in the apathy bracket." (Science of Survival at 28) F. Introspection Watch And Rundown - Treatment For Psychosis Type IIIs are poisoned by the SPs in their overall environment. Thus, in order to bring them back to a "Type II" level where they can be reached by Scientology, "you must disconnect the person from the environment." (Ex.D to Motion at 4) The process of disconnecting a psychotic person from her environment "is not treatment as such. It is to provide a relatively safe environment and quiet and rest and no treatment of a mental nature at all. . . . Medical care of a very unbrutal nature is necessary, as intravenous feeding and soporifics (sleeping and quieting drugs) may be necessary. . . . removed from apparent SPs, kept in quiet surroundings, not pestered or threatened or put in fear, the person comes up to Type II and a Search and Discovery should end the matter." (Ex.D to Motion at 4) No search for and discovery of the hidden SP, however, can take place so long as the pc is in a psychotic state because "Standard auditing on such a person is subject to the roller-coaster phenomena." Thus, before a Scientologist who is PTS III can be assisted by auditing, he has got to return to the Type II state. Scientology scripture recognizes that some never do, remaining psychotic unto death instead. But there will always be some failures as the insane sometimes withdraw into rigid unawareness as a final defense, sometimes can't be kept alive and sometimes are too hectic and distraught ever to become quiet. The extremes of too quiet and never quiet have a number of psychiatric names such as 'catatonia' (withdrawn totally) and 'manic' (too hectic). Classification is interesting but nonproductive since they all are PTS, all with roller-coaster and none can be trained or processed with any idea of lasting result no matter the temporary miracle. . . . The modern mental hospital with its brutality and suppressive treatments is not the way to give a psychotic quiet and rest. Before anything effective can be done in this field, a proper institution would have to be provided, offering only rest, quiet and medical assistance for intravenous feedings and sleeping drafts where necessary but not as 'treatment' and where no treatment is attempted until the person looks recovered and only then a Search and Recovery as above under Type Two." (Ex. D to Motion at 4; bold emphasis added) Hubbard claims that Scientology can sometimes cure psychosis. "Man has never been able to solve the psychotic break . . . human beings are actually afraid of a person in a psychotic break and in desperation turn to psychiatry to handle. Psychiatry, desperate in its turn, without effective tech, resorts to barbarities such as heavy drugs, ice picks, electric and insulin shock which half-kill the person and only suppress him. The fact remains there has never been a cure for the psychotic until now. The key is WHAT CAUSED THE PERSON TO INTROSPECT BEFORE THE PSYCHOTIC BREAK. The breakthrough was made on a person who, after a series of wrong indications, went into a full-blown psychotic break - violence, destruction and all." (Ex. E to Motion at 1; original underline and bold emphasis) Thus, Hubbard, solved the mystery of treating the "psychotic break, the last of the 'unsolvable' conditions that can trap a person." (Ex. E to Motion at 2) He directed that the initial treatment "On a person in a psychotic break" was to "isolate the person wholly with all attendants completely muzzled (no speech)" and give him vitamins and minerals. (Ex. E to Motion at 3) G. The Mental Health Profession Is "The Cause Of Crime" According to L. Ron Hubbard, the mental health professions are the "cause of crime." "They say poverty makes crime. They say if one improved education there would be less crime. They say if one improved the lot of the underpriveleged one would have solved crime. All of these "remedies" have proven blatantly false. . . . So who is "they"? The psychologist and psychiatrist, of course. These were their crackpot remedies for crime. And it's wrecked a civilization. So what IS the cause of crime? The treatment, of course. Electric shocks, behavior modification, abuse of the soul. These are the causes of crime. There would be no criminals at all if the psychs had not begun to oppress beings into vengeance against society. There's only one remedy for crime - get rid of the psychs! They are causing it! Their brutality and heartlessness is renowned. . . . The psychs should not be allowed to get away with "treatment" which amounts to criminal acts, mayhem and murder. They are not above the law. In fact, there are no laws at all which protect them, for what sane society would sanction crime against its citizens even as science? They should be handled like any other criminals. They are at best dramatizing psychotics and dangerous, but more dangerous to society at large that the psychotics they keep in their offices and loony bins because they lie and are treacherous. (HCO Bulletin of 6 May 1982 "The Cause of Crime" Exhibit D to Declaration of Jesse Prince) So let us look at psychs again - what they call "treatment" is a suppression (by shocks, drugs, etc.) Of the ability to think. They are not honest enough, these psychs, being just dramatizing psychotics themselves for the most part, to publish the fact that all their "treatments" (mayhem, really, when it is not murder) make people more stupid. These actions of shock and crazy evaluative counseling, etc., lower IQ like an express elevator going down to the basement. They do not tell legislators this or put it in their books. This is why they say "no one can change IQ." They are hiding the fact that they ruin it. . . . The answer to crime is raising IQ. But only the Scientologist can do that." (HCO Bulletin of 26 April 1982 "The Criminal Mind And The Psychs" Exhibit E to Declaration of Jesse Prince) H. The Claim To Religious Status Is Opportunistic Rather Than Principled In 1966, Hubbard wrote about difficulties moving assets between the United States and the United Kingdom. He said: Well at last we are able to consolidate our corporate status in the UK and Commonwealth and S.A. The big stumbling block has been Inland Revenue's refusal to grant non-profit status to limited companies. Without that we could not transfer the various organizations and US assets in the UK and Commonwealth to a UK or Commonwealth company. (HCO Executive Letter of 12 March 1966 "Corporate Status" at 1, Exhibit F to Declaration of Jesse Prince) Hubbard wrote that the solution to his problem was in achieving religious status. Of course anything is a religion that treats the human spirit. And also parliaments don't attack religions. But that isn't our real reason - it's been a long hard task to make a good corporate structure in the UK and Commonwealth so the assets could be transferred. Apparently we've done it. (Id., at 2) In 1972 Hubbard wrote that the governing policy of Scientology was to "MAKE MONEY . . .MAKE MONEY. MAKE MORE MONEY. MAKE OTHER PEOPLE PRODUCE SO AS TO MAKE MONEY. . . .Money is a tech. IT FLOWS. Although one dollar looks like another dollar, they may be from completely different places and mean completely different things." (HCO Policy Letter of 9 March 1972 "Income Flows and Pools" Exhibit G to Declaration of Jesse Prince) In 1973, Scientology issued policy letters regarding the presentation of Scientology as a religion as being essential to "public relations." The purpose of promotion is to make one's product known and well thought of. Basic to making Scientology known and well thought of is informing the public of the religious nature of Scientology (an applied religious philosophy which seeks and delivers Spiritual Freedom). (HCO Policy Letter of 24 September 1973 "Religion Religious Org Image" Exhibit H to Declaration of Jesse Prince) In the "Public Image" policy letter published the same date Scientology elevated public relations blunders to the level of a Suppressive Act. Any repeated acts which in any way destroy or reduce the religious status of any Scientology Organization or Minister or the bona fides of Scientology as a religion shall be considered Suppressive Acts - worsening public relations. (HCO Policy Letter of 24 September 1973 "Religion Public Image" Exhibit I to Declaration of Jesse Prince) In 1981 Scientology evaluated its failure to set up a Tokyo Centre. Part of the reason for the failure was "In spite of the fact that data did indicate religion to be an incorrect approach, the Mission went ahead incorporating Scientology as a Church in Tokyo." (SO Aides Order 549-1 29 January 1981 at 4, Exhibit J to Declaration of Jesse Prince) Thus the first part of the "broad strategy of operation is then formulated for Japan covering: 1. Do we go religious or Dianetics?" (Id. At 7) IV. FACTS AS TO LISA MCPHERSON The statements and testimony obtained by authorities from various Scientologists involved in Lisa McPherson's death has been characterized by pervasive failures of recollection as well as by outright material falsehood and lying, particularly by those most responsible for her care. An exception, to an extent, is Scientologist Judy-Goldsberry-Weber. A. Credible Testimony Regarding The Killing Of Lisa McPherson Was Obtained From Scientologist Assistant Medical Liaison Officer Judy Goldsberry-Weber And Bonita Portolano, The Para-Medic Who Brought Lisa To The Hospital 1. Lisa McPherson Had Attained The State of Clear Yet Was Having Problems Being Type III Or Psychotic Weber first saw Lisa in the summer of 1995. Lisa's Auditor sent Lisa to Weber to "have a talk and see what is happening" (Goldsberry-Weber 8/19/97 Sworn Statement [hereinafter " Goldsberry-Weber"] at 15:1-7) because she was not eating or sleeping much. (Goldsberry-Weber 17:5-10) In July or August 1995, Judy Goldsberry-Weber first met Lisa when she stayed at the Ft. Harrison for an isolation watch because she was having PTS problems. (Goldsberry-Weber at 130:8-16) A short period of time before the auto accident that occurred on November 18, 1995, Lisa had obtained the state of Clear, one of the major goals for all Scientologists which is a very big occasion involving public acknowledgment before hundreds, if not thousands, of people. (Goldsberry-Weber at 13:19-14:15; 20:12-21:13) 2. The Medical Liaison Office Judy Goldsberry-Weber testified under oath in the criminal investigation that as a Sea Org member she was assigned to the Medical Liaison Office at the Flag Service Organization over which Emma Schamehorn was in charge. (Goldsberry-Weber at 6:1-16; 7:1-4) As of the summer of 1995, Suzanne Green was in charge, with Janice Johnson next in authority. (Goldsberry-Weber at 7:25-9:12 The staff of the Medical Liaison Office "handled whomever came in" whether the person was a public Scientologist or on staff. (Goldsberry-Weber at 8:2-8) Before coming to Flag, Goldsberry-Weber had received extensive training as a nurse and had worked in the medical field for 35 years, although when she was posted to the MLO her license to practice had lapsed. (Goldsberry-Weber at 9:16-10:14) In 1995, there was not a single person in the MLO "who had any sort of license" to practice nursing or medicine. (Goldsberry-Weber at 13:4-7) Whatever actions she took were under the direction of Dr. David Minkoff. (Goldsberry-Weber at 13:8-12) According to a letter in the MLO Office, it was Dr. Minkoff's responsibility to be "the doctor of record on all Type IIIs." (Goldsberry-Weber at 97:20-98:11) This was known to all the people in the MLO as well as to Flag Service Organization's Captain, Debra Cook, and the Legal Officer, Judy Fontana, because they all had copies of the letter. (Goldsberry-Weber at 98:25-99:18) When there were Type III situations, Security in the persons of Mr. Kellerhaus and Mr. Baxter would be in charge in conjunction both with Dr. Minkoff as the doctor of record and the Case Supervisor handling the auditing or spiritual side. The Medical Liaison Officer would not check in on the person on a daily basis. (Goldsberry-Weber at 99:20-100:14; 136:6-25) The locations of the people being subjected to the watch were kept secret and some lasted as long as three and one-half weeks. (Goldsberry-Weber at 99:20-101:1) The "Introspection Rundown" is a "standard procedure" that could take place at any Scientology organization in any country in the world. (Goldsberry-Weber at 89:11-13; 101:6-17) The purpose of the isolation watch is to rid the person being watched of Type III personality demons. The people on the watch do not talk to the person being watched. (Goldsberry-Weber at 104:24-105:25) Control of the person's physical surroundings is dependent on what the Case Supervisor and Security determine is appropriate. In general the person being watched is isolated and kept away from others. (Goldsberry-Weber at 106:3-107:4) 3. The Accident And Cry For Help On The Public Streets Of Clearwater: Lisa Consents To A Psychiatric Evaluation Prior to the occurrence to the McPherson motor vehicle accident of November 18, 1995, Lisa was already incarcerated at the Ft. Harrison Hotel on an Isolation Watch according to the hotel records. That first day hotel record ended shortly before 3:00 p.m., approximately three hours before her 6:00 p.m. car accident. Bonita Portolano, a paramedic, observed a "little crash" while returning with her partner in their ambulance from another call. Thirty-six year old Lisa McPherson was involved in the little crash. (Portolano Deposition at 9:10-10:10; 27:16-28:5) Portolano approached McPherson to obtain a refusal of treatment because McPherson, although "a little shaken," was uninjured. (Portolano Deposition at 16:17-18:23) Lisa's demeanor was "odd" inasmuch as she employed a"programmed type of speech pattern" and with her "big brown eyes" would "look straight at you - she wouldn't blink." (Portolano Deposition at 19:5-19:25) When Portolano told Lisa that she had to move her car for the police and then she needed to speak with her further, Lisa agreed, even though she appeared to be a "nervous wreck"who was going to cause another accident just parking. (Portolano Deposition at 20:2-21:2) Shortly thereafter, Lisa took off her clothes and "comes walking down the driver's side of the ambulance in the middle of the road, no shoes, no socks, nothing on. And she didn't stop at the ambulance. She just continued walking." (Portolano Deposition at 43:12-21) Portolano immediately was "out the door because, number one, I don't want another accident because there's this beautiful girl walking down the street with no clothes on." (Portolano Deposition at 46:20-47:1) While getting her inside the ambulance, Portolano asked "Lisa, what are you doing? What are you doing with no clothes on?" Lisa responded that she wanted people to think she was crazy because she wanted people to help her. When Portolano observed "Lisa, you don't have any clothes on" she responded, "I don't need a body. I'm an O.T." (Portolano Deposition at 47:9-19) Two or three times Lisa explained that she took her clothes off because "I wanted help. I wanted help." (Portolano Deposition at 48:1-44) She was a "very healthy person, just voluptuous," "well-formed" and "full-figured girl" who weighed about 155 pounds. (Portolano Deposition at 31:5-16; 48:24-49:1; 98:19-22) She was a "very fair complected" and "very attractive woman" who had no markings on her body whatsoever. (Portolano Deposition at 84:3-6; 131:12-13) Lisa was very athletic, "well proportioned" and at 150 pounds, "firm and fully packaged." (Goldsberry-Weber at 120:1-122:7) Portolano wanted to take Lisa to Morton plant for a psychiatric evaluation because "somebody that would take off their clothes and asks for help deserves at least to be evaluated." (Portolano Deposition at 53:6-9) Speaking to Lisa for over half an hour, Portolano observed more oddities in her demeanor. (Portolano Deposition at 52:7) While lying on the stretcher with her eyes closed in the ambulance Lisa would not respond to simple questions. Then when Portolano would direct her to open her eyes and say I need to ask you a question, Lisa would say in a "very programmed" way "I'll answer anything I can" or "I don't know the answer to that. Ask me in a minute. Can you ask me later." (Portolano Deposition at 53:20-51:16) When Portolano inquired whether Lisa was a Scientologist, she gave her "a little programmed look and says 'Yes, I am'" in a "real monotone" way. (Portolano Deposition at 58:4-13) She had a "fixed stare," sounded "robotic" and was "something like you would see on a sci-fi movie." (Portolano Deposition at 80:2-4; 114:3-10) Aside from what her demeanor conveyed when she spoke of the Church of Scientology - which had a "certain limit" that Bonia Portolano "couldn't get past" - Lisa had a "very sweet demeanor about her." (Portolano Deposition at 102:5-8; 117:17-23; 132:17-18) During the conversation, Portolano kept trying to ascertain from Lisa what was wrong to which Lisa gave partial responses: "'I'm a bad person. I'm a bad person.' And so I would ask questions to get into why she felt she was a bad person, and she said it was because she had been doing bad things that she didn't know were bad. She found out that people at her church told her that evidently what she was doing was bad. And she said, 'But I didn't know. I didn't know it was wrong.' And she would get a little upset - really upset about guilt. And she had a lot of guilt, I guess, and she had a lot of remorse like she let either people down or herself down. I couldn't - it was more of an internal kind of thing . . . I tried to get specifics, and the only specific thing I could really draw out of her is one of the bad things she did was she took her 'eyes off the object.' Again I have no idea what that means. But that was very, very important to her that she didn't know that she wasn't supposed to take her 'eyes off the object' and that she had taken her 'eyes off the object.' She felt really, really bad and she had done something really wrong and it made her a bad person." (Portolano Deposition at 59:2-15) Lisa said that the help that she needed was "I just need someone to talk to. . . . I want to talk to someone. I need help. I want to talk." (Portolano Deposition at 60:19-61:4) Lisa wanted to continue talking to Bonita Portolano and never asked to be taken to the Church of Scientology. Lisa finally agreed to go to Morton Plant Hospital after being explicitly advised that the purpose was for a psychiatric evaluation. (Portolano Deposition at 61:8-64:11; 107:13-108:7) Lisa never expressed any unwillingness to be psychiatrically examined or any reservation about psychiatrists. (Portolano Deposition at 108:7-12) 4. Lisa Is Removed From The Morton Plant Emergency Room By High-Ranking Scientologists Who Used Goldsberery-Weber's Relationship Of Trust With Lisa, As Well As With The Hospital, To Gain Dominion And Control Over Lisa McPherson's Person Lisa always came to Judy Goldsberry-Weber "because she could count on me doing what I said I would do for her" and because if Lisa wanted to know about a medical situation, "I would get out my Taber's Cyclopedia Medical Dictionary out [and] we would look it up. . . We just had a rapport. . . . I had established with Lisa that if she had any problem, any time of the day or night,. . . she could always beep me and I could answer." (Goldsberry-Weber at 58:8-10; 67:10-68:1) Goldsberry-Weber had taken hundreds, if not thousands, of Scientologists to Morton Plant Hospital as an MLO. (Goldsberry-Weber at 133:4-6) On the day of Lisa's accident, Goldsberry-Weber was paged by Security and told that they were under orders to transport her to Morton Plant Hospital because somebody had been in an accident. (Goldsberry-Weber at 27:7-28:19) Upon her arrival at Morton Plant, Goldsberry-Weber was met by Humberto Fontana of Scientology's Office of Special Affairs, who was senior to her in authority, Annie Mora from the Office of Special Affairs, Alain Kartuzinski the Senior Case Supervisor for auditing at Flag, and Emma Schamehorn. (Goldsberry-Weber at 28:24-29:24; 48:1-7; 135:5-14) There were a number of other Scientologists there. (Goldsberry-Weber at 133:8-11) Despite all the times that Judy had brought people to the hospital in the past, she never had had a "welcoming committee" such as this before. (Goldsberry-Weber at 135:16-23) Fontana advised Goldsberry-Weber that a Scientologist had been involved in an auto accident and directed her to get Lisa out of the hospital because he had been unable to do so because he was too overbearing and forceful. (Goldsberry-Weber at 30:4-7; 38:15-38:22; 133:21-134:21) He had already spoken to Dr. Lovett with no results. (Goldsberry-Weber at 133:21-23) They did not want Lisa to be "put in the psych" because "the Church doesn't like psyche problems" and they "follow the Church rulings." (Goldsberry-Weber at 39:11-25) When Goldsberry-Weber saw Lisa, she said that she had run down the street without her clothes, but did not say why and neither Goldsberry-Weber nor anyone else ever asked her. (Goldsberry-Weber at 33:8-34:8) Lisa begged Goldsberry-Weber to be there to help her and she promised Lisa that she would. (Goldsberry-Weber at 57:21-22) Lisa did not exhibit any "Type III behavior." (Goldsberry-Weber at 65:24-25) Acting as the "point person" for Scientology, (Goldsberry-Weber at 38:7-13), Goldsberry-Weber first spoke to Dr. Lovett, the attending physician, who, not wanting to release Lisa, wanted to place her in a psychiatric observation unit. (Goldsberry-Weber at 34:16-23) Lovett told her that if the police, rather than the paramedics, had picked Lisa up, she would have been Baker Acted. (Goldsberry-Weber at 128:17-129:6) She then talked to the "psych," Joe Price, who said that pursuant to the Baker Act he could not hold Lisa in a psychiatric unit, despite the fact that Dr. Lovett wanted her committed. (Goldsberry-Weber at 35:7-37:14; 40:2-6) Under these circumstances, the only way that Scientology could get Lisa out of the hospital was for her to sign a waiver that acknowledged "that she was leaving the hospital against medical advice." (Goldsberry-Weber at 41:13-16) Upon Lisa's release Dr. Lovett said he "had never done this before" and would hold Goldsberry-Weber "personally responsible" for whatever happened to her. (Goldsberry-Weber at 43:9-14) Goldsberry-Weber reported to Fontana and Kartuzinski that Lisa was going to be released into Goldsberry-Weber's care. They instructed her to get that done at which point they would talk to her further. (Goldsberry-Weber at 43:20-44:1) 5. Lisa Was Isolated Inside Of Scientology's Fort Harrison Hotel Where She Was Guarded And Watched 24-Hours Per Day By Scientologists For 17 Days At The End Of Which Time She Was Dead. When Lisa left the hospital, she got into Kartuzinski's car. Goldsberry-Weber went with Fontana. (Goldsberry-Weber at 44:25-45:10) Even though Lisa had asked Goldsberry-Weber to stay with her, and Dr. Lovett put responsibility for Lisa's care directly on Goldsberry-Weber, OSA's Fontana told her she was not going to stay with Lisa that night. She did not know what was going to happen to Lisa. (Goldsberry-Weber at 47:5-48:3) Fontana did tell Goldsberry-Weber that since she had been made responsible, she needed to stay on top of what was happening with Lisa. He then proceeded to leave and have a long discussion with Suzanne Green who returned very angry. (Goldsberry-Weber at 48:3-10; 49:7-12; 54:1-6) Fontana assigned Green to replace Goldsberry-Weber to be responsible for Lisa. (Goldsberry-Weber at 51:5-52:20) Goldsberry-Weber was angry because she took her integrity seriously, had given Lisa her word and her "promise was being trashed." (Goldsberry-Weber at 57:57:21-58:3) Two days later Goldsberry-Weber spoke with Medical Liaison Officer Janice Johnson to inquire as to how Lisa was doing and if Johnson needed her. (Goldsberry-Weber at 50:22-24; 53:23-25) Johnson, whom Goldsberry-Weber understood to be in charge of the watch, told "me in no uncertain terms, she was my Senior, she was in charge of it, and to get the hell out of it." (Goldsberry-Weber at 58:10-12; 76:18-20) Johnson told her "that I was not to ask any questions about Lisa, that it was being taken care of and to just forget it, everything concerned. . . . You're off of it." (Goldsberry-Weber at 55:9-20; 56:17-22) Although Goldsberry-Weber knew that the MLO was having trouble finding enough people to do the watch, she had no idea why she was taken off of it. (Goldsberry-Weber at 50:24-51:2; 56:24-57:8) Johnson specifically directed Goldberry-Weber "don't discuss this with anybody." (Goldsberry-Weber at 57:9-10) Johnson would not even let Goldsberry-Weber write a note to Lisa to explain to her why she was unable to keep her promise to stay with her. (Goldsberry-Weber at 58:3-12) Judy Goldsberry-Weber did not even know where Lisa had been placed until within three days of Lisa's accident she was directed to go to "an Eckerd's drugstore, which was not the normal Eckerd's drugstore that we used, and pick up some" Valium for Lisa clear down in Largo, a 30 minute drive away. (Goldsberry-Weber at 58:18-60:9; 109:13-112:7) She was told to bring it to the Security Office and leave it. (Goldsberry-Weber at 61:6-7) At this point Judy Weber realized that Lisa was on a Type III isolation watch. (Goldsberry-Weber at 65:7-23) She still was not told what was going on with Lisa, instead being told by Janice Johnson to "Butt out." The two women ended up screaming at each other because Judy Goldsberry-Weber wanted information about Lisa and Janice Johnson wouldn't give it to her. (Goldsberry-Weber at 62:1-22) Judy never found out what was happening to Lisa and never got to see her. (Goldsberry-Weber at 63:3-9) The hierarchy pulled everybody into the cycle that was taking place in reference to Lisa, except Judy Goldsberry-Weber, despite Lisa's express request that she wanted people around her that she liked. (Goldsberry-Weber at 63:25-64:21) She told Janice that the "whole idea to make it calm, make it less stimulative in the environment" and that if Judy was in Lisa's place "I would throw fits if I had people I didn't want around me." Lisa didn't like Janice at all and before she was locked up would not come to the MLO office when Janice was there. Nonetheless, after the commencement of the isolation watch, Janice was "going over there every day." (Goldsberry-Weber at 66:1-13) The Type III cycle was not beyond Judy's "spiritual education or experience" because she had gone through these cycles before in Clearwater which were always run by the Security Chief. (Goldsberry-Weber at 68:2-12; 96:19-97:16) When Judy Goldberry-Weber heard Janice Johnson, Laura Arrunda and Dr. David Houghton talk about holding Lisa down and forcing aspirin down her throat, she said "You can't do this, you can't physically hold somebody down. There are other ways - you know, what doctor's order did you have to do this?" In response, "They shut the door. I said wait a minute, I'd like to talk to you guys. And they shut the door and locked it. They were in David's office." (Goldsberry-Weber at 70:9-20; 83:18-22) When Janice Johnson came out, Goldsberry-Weber confronted her and said: "I says, you can't do that. What doctor - you've got Minkoff's order to do this? 'Cause I knew he was the doctor of record, if he ordered the - are you talking to Minkoff? Is he knowing what's going on here? At which time she told me to butt out. I said, 'People are getting injured, you know, I've got to answer to the doctors here, how are they getting injured? What are we doing? Something's wrong here. And what - this is not a normal situation. I've never had any of the others - before you came on this post I've never had this problem. I've never heard of this violence. What's happening? I don't know. It's none of your concern. We're - you're not involved. And I said, I've never seen Lisa this violent. She says, Well, you know psychotic breaks. I said excuse me. I wanted to, you know . . . So I had written to Judy Fontana, who was our Legal Officer, that they better check into it. (Goldsberry-Weber at 71:2-18) About ten days after the watch started, Alice, the Librarian, called Judy to ask her if a person is dehydrated, do they become disoriented. (Goldsberry-Weber at 138:17-140:5) At the same time, when Judy saw that Joann Stevens had a black eye from watching Lisa and in response to asking Emma Schamehorn what was happening with Lisa, Judy was told that Emma that she couldn't talk about it. Judy wanted to know what the situation was being allowed to perpetuate and said they needed to contact a doctor. (Goldsberry-Weber at 74:3-19) If Judy had been involved "I would have been screaming at Dr. Minkoff to give me some heavier sedation and some IV solutions when I'm hearing that she's not eating or something." (Goldsberry-Weber at 74:23-25) Normally, what I had observed in my training and what I worked with, you would have sedated them heavily, totally, where they were sound asleep, put an IV in, hydrated them. . . The sedation part keeps them from pulling out the IV, keeps them from being dangerous to themselves, keeps them from harming anybody else. Do this for several days, the body starts to function. Get them the food they need to repair, they come out of it. Why this wasn't done, I don't know. (Goldsberry-Weber at 75:8-4-21) Case Supervisor Alain Kartuzinski and Paul Kellerhaus from Security, from Goldsberry-Weber's perspective, had the authority to call the whole thing off. (Goldsberry-Weber at 137:3-17) Case Supervisor Alain Kartuzinski was the one to have made the decision to not allow Judy Goldsberry-Weber participate in taking care of Lisa, even though she had done so before. (Goldsberry-Weber at 132:9-12) The way that Judy found out that Lisa died was not from any one at Scientology, or from newspapers, which she did not read. Weeks later, she heard from the doctor who had released Lisa to her care, Dr. Lovett at Morton Plant Hospital. (Goldsberry-Weber at 77:1-5; 80:8-12; 80:23-81:23) She felt that Scientology had blind-sided her and hung her out to dry because they did not tell Judy that Lisa had died even though they knew that she went frequently to Morton Plant and inevitably would run into Dr. Lovett. As soon as she found out that Lisa had died, she telephoned Judy Fontana who was the Legal Officer for the Office of Special Affairs and explained what had happened on November 18, 1995 and then about finding out that Lisa had died from Dr. Lovett. (Goldsberry-Weber at 82:1-24; 138:11-16) After Lisa died, Scientology made a huge effort to keep "a lid on" the gossip within the organization. Not only had many people been involved, "but a huge amount of people went into isolation. . . . We had like 40 people" who were quarantined. (Goldsberry-Weber at 77:15-79:18; 104:3-4) After Lisa died, the Office of Special Affairs coordinated the inquiry into the circumstances of her death. (Goldsberry-Weber at 85:11-87:12) The Office of Special Affairs directed Judy Goldberry-Weber, Suzanne Green and Laura Arrunda "not to discuss it amongst ourselves." Laura Arrunda went to Mexico and Suzanne Green is in Germany. (Goldsberry-Weber at 92:92:10-93:11; 103:3-23) "We were talked to to get the whole scenario before we talked to . . . the police." (Goldsberry-Weber at 94:21-23) For eight hours over two sessions, OSA subjected Judy (as well as others) to a special form of auditing interrogation called a "Security Check" to ascertain whether she had done anything wrong in connection with the "cycle" involving Lisa. The results went into her PC folder. (Goldsberry-Weber at 113:8-117:23) When Scientologists would go to the hospital, it was normal for the MLO to take them to Morton Plant or Suncoast because they were closer and the fastest medical attention was available. It was unusual to go to Port Richey. (Goldsberry-Weber at 123:15-124:6) B. The "Written Reports" Of Lisa's Isolation Watch Produced In Discovery On the first day of the watch timed hours before Lisa's car accident of November 18, 1995, the Medical Off. Manager's report to the Case Supervisor included: "Lisa is talking since about 30 minutes: - "I created time 3 billion years ago and now I am dramatizing it since then." -"I am LRH and I didn't confront that power." -"I can't confront force. I am dramatizing it." -"I have an MU on THE Student Hat." -"I was 1.1. What my chronical tone level is." -"I dessimiated my mother, but she didn't get handled. As I didn't confront force." -"I want to dance." -"I need my auditor, Mr. Vatusinski." -"I need to confront my mom." She is still talking non stop. She tried to go out of the door. . . . On the second day, November 19, 1995, Medical Off. Manager's report to the Case Supervisor included: "This afternoon Lisa walked like a robot. What is new: if she starts talking she talks and talks, than stares at a spot. She says I am her and she is controlling my body. She kissed me on my mouth. Once I let her sit outside for 5 minutes. Than she kissed me twice on my face and starred at me. Later she said how wonderful my skin is. In the evening she started staring in the light. I got her to eat a tuna sandwich, she also drank two cups of cal mag and took all vitamins. While I was writing this outside, she came outside. When I brought her in, she took my arm and put it on here tummy and went with her tongue all over my face. I brought her back to bed. She jumped up again and while I am writing this she is standing next to me talking in non sequiter things. She wanted to call her Minister. He has No. 10. -She called me Mom when she awoke this afternoon. - She wants to go to a party. - She has a date with her mother at the pool. - She told me about the titts of her mother and picking in my breast while she was doing it. - She told me again that her mother made her to take a napp with her every day after lunch and than she sneaked away. Out of controll. On the third day, November 21, 1995, Medical Off. Manager's report to the Case Supervisor included: Lisa did not really sleep last night, but jumping out of her bed. Susann Reich had to get here to lay down again and again. Today she sleep ½ hour. She is still trying to look in the lightbulbs. "You have to follow the light because light is live." She does not talk that much as we do not talk with her. She is counting with her fingers, pointing somewhere. When I gave her a cup of water she through it on the floor. "Did this frighten you?" "No, I don't think so," she said. 3 times when Emma or me gave her a piece of banana she put it in a way in her mouth that she vomitt is out. Last night I made here drink 1 cup of calmag and to took 1 B1, the 2nd cup and snd B1, she vomitted out. She has difficulties even to swallow a bit of water. She got 2 sip of protein drink down. Right now she is again jumping out of the bed over and over. (Flag Service Organization Document Production [hereinafter "FSO Doc"] at 160) By the third day, November 21, 1995, Staff Chaplain Valerie Demange reported to Kartuzinski that Lisa: "was then pretty agitated for about an hour during which time she was talking a lot and crying. What she was saying was usually non sequiture, like saying that she was going to go somewhere and then laying down on her bed. She told me as well that she had bad manners and this resulted in bad consequences. She also at some point asked me if someone was behind the door." (FSO Doc at 139) On the fourth day, November 22, 1995, Flag Service Organization's Librarian wrote a "Knowledge Report." Alice Van Gondelle said: At 1:30 am last nite HASFO walked me out of bed. . . . She told me that I needed to go on watch for some public that flapped. She said . . . the Type III was too much for her & I was a vet & could handle it. . . . I went on this watch as I had no senior to consult with at 2 am. I went into the room & she was total Type III. Blabbering, incoherent nonstop. Shaking, no warm clothes on. . . . she was like an ice cub. She talked incoherently hour after hour. She refused to eat and spit out everything she took. Her breathe was foul. She looked ill like measles or chicken pox on her face. Had a fever to my touch.. After 1 pm she went violent & hit me a few times telling me she was to kill me #s of times. I called in the "guard" outside -- the fellow is an HCO staff member -new one a Mexican gentleman. He stayed with me during the rage - but she still smacked me around. (I did cover myself but she was out of control.) (FSO Doc 745) Alphonso's fourth day report for November 22,1995 included that Lisa's "Bed was broken & room was messy. . . . has not eaten. . . . Around 1AM punched out a person who was being assigned to do the watch." (FSO Doc at 141) Staff Chaplain Valerie Demange reported on the eighth day, November 26, 1995, that: . . . she was very nervous and violent. During that time she did not sleep. . . She has not been eating just drinking a little bit of orange juice, then threw the rest away. . . . The rest of the time she is just talking, asking questions and answers, like if you would be asking her questions and she would then answer." (FSO Doc at 143) Rita Boykin reported on the eighth day, November 26, 1995, that: She was lying down when I fed her. She tends just to hold thing in her mouth or spit them out. I was making swallowing motions and rubbed my finger on here throat & she finally swallowed the first and next couple of bites I gave here. (FSO Doc at 145) Chaplain Demange reported on the eleventh day, November 29, 1995, that: . . .The rest of the time she talks and move on her bed or on the floor. She was violent for about 2 hours yesterday night, the rest of the time she was calmer and looks very tired." (FSO Doc at 147) Rita Boykin reported on the eleventh day, November 29, 1995, that she "Spoke with Dr. Johnson re no real sleep." (FSO Doc at 148) Another person wrote "The 'watch' said she was quieter, but suspects its because she's weak, in spite of protein drink, etc of yesterday." (FSO Doc at 216) On the twelfth day, November 30, 1995, Rita reported: "On floor scooting around, moving arms and legs and speaking and groaning. . . . Dr. Johnson just visited. . . .She will appear to be very cooperative - hold here mouth open, make eye contact, at as if she is there, then close the back of here throat and not swallow. Her voice becomes nasal & she mutters rather than pronounce her words properly. My idea of closing her nose so she has to swallow so she can breath through her mouth is only marginally successful. She either swallows and breathes or she lets everything in her mouth come out.. . . She sits up frequently for long periods of time. Whereas yesterday I only saw her sit up once - she was lying on the floor scooting around. She is using her legs to kick again. Yesterday it wasn't much of a threat. . . This AM she is deliberate & nasty - even evil. (FSO Doc at 149) . . . Dr. Johnson was here. . . . I am giving her Cal Mag and OJ at every opportunity. She is wide awake on the floor, bouncing, humming and talking. (FSO Doc at 151) On the thirteenth day, December 1, 1995, "Medical Officer" Janice Johnson reported: ". . . Chloral Hydrate (capsule pierced and as much as possible squirted into her mouth). She swallowed and fell asleep in the middle of a sentence. . . Plan: (1) Valerie or watch personnel w/medical training for next 8 hours. . . . Call if any ?'s prob's." (FSO Doc 214) The report of the fourteenth day, December 2, 1995, stated: She has scratches and abrasions all over here body & on elbows & knees has pressure sores. None of them are open & none of them look infected. . . . will be in comm with Janice later about other measures to insure she gets some serious sleep today. . . . She originated that she knows we are trying to help her although she doesn't know our names and we don't talk to her. The rest of her comm is the usual confused stuff. . . . Tried to feed her again but wouldn't take anything. She thought we were psyches or other enemies who wanted to kill her. (FSO Doc at 152-153) The reports from Lisa last three days of captive life have "disappeared." C. Preliminary Interviews Of Janis Johnson And Alain Kartuzinski By The Police 1. Janis Johnson's First Story To The Police: Lies In All Pertinent Particulars The police first interviewed Janis Johnson, with counsel, on May 29, 1996 at which time she stated she had been a licensed physician in Arizona but had "quit medicine in early 93." (Janice Johnson 5/29/96 Statement [hereinafter "Johnson I"] at 2:57-4:104) She came to Florida to be "on staff" with Scientology and was initially assigned to the Medical Liaison Office in March 1995. (Johnson I at 5:128-138) She had authority over two people, including Judy Goldsberry-Weber, and lots of people had authority over her. (Johnson I at 6:187-192; 8:259-9:260) For emergencies, the MLO would usually use Morton Plant Hospital. (Johnson I at 10:322-11:331) The first time Johnson had any contact with Lisa McPherson was in the end of November 1995. Suzanne Green, the MLO manager "knew her from somewhere." (Johnson I at 8:237-249;12:379-391) Lisa was a "public" Scientologist, not "on staff." Johnson generally did not deal with public Scientologists. (Johnson I at 13:397-409) From Suzanne Green the week before Thanksgiving, Johnson had heard that Lisa sometimes would "go days without sleeping. And . . . get pretty wound up . . . not want to eat. So it was . . . a vicious cycle. So . . . if she can just calm down and sleep for a night, then this all . . . straightens out, get back to normal." (Johnson I at 14:427-443) To try to sleep, Lisa would take "some kind of herbal thing" but it was not recommended by the medical office. (Johnson I at 14:446-456) Suzanne Green told Johnson that Lisa would "get pretty weird when she hadn't slept for a while" and "things "kind of went from bad to worse" so "she just needed to take a break and just chill out and rest and get away from everything for a little bit." (Johnson I at 15:561-481) At the time Lisa arrived at the MLO, "she was real thin . . . didn't have any extra insulation." (Johnson I at 16:498-504) When Johnson first saw Lisa, she "was more than thin"and "looked really dehydrated." (Johnson I at 16:511-117:524) She said, "Now, what I heard was that, . . . that last 24 hours . . . that she had developed some very severe diarrhea and that's how I imagine she became dehydrated so fast." (Johnson I at 17:524-527) Johnson said that she had heard that Lisa had been in an accident and "was shaken up about it" and was at the hotel "to rest and chill out. . . . she had been checked out psychologically to make sure that she . . . wasn't any real danger to herself or someone else . . . that she was just upset and . . . she was with it." (Johnson I at 17:538-548) Thus, After Lisa was released from Morton Plant Hospital, she went to Scientology to relax. (Johnson I at 17:550-556) Johnson stated that she did not first meet, or even see, Lisa until five days after the accident when she first visited at her room at the Fort Harrison. (Johnson I at 18:572-577; 19:620-621; 20:649-651) At that time Lisa "was real wound up . . .real agitated. . . . just seemed to be like real nervous." (Johnson I at 18:578-586) Lisa was "just non-stop motion" and Johnson did not talk to her because "Lisa was a little hostile toward anybody that anything to do with the medical profession. . . verbally abusive to medical people" (Johnson I at 19:591-616; 24:771-773) Johnson said that the plan of action as to Lisa "was to just have the people in the hotel give her some extra attention . . . check and make sure if there was anything special she wanted to eat . . .that they went out of their way and got it for her.. . . she was into tuna fish sandwiches, so they would bring her tuna fish sandwiches at odd hours of the day and night when she felt like 'Okay. . . yeah. . . I want to eat.'" (Johnson I at 24:774-786) Johnson claimed that Lisa would order food from room service. (Johnson I at 25:800-803) Johnson said that no one in particular was looking after Lisa, or that any particular person was in charge. (Johnson I at 26:821-824) Aside from "a little bit of extra service" Lisa was on her own as "a hotel guest." (Johnson I at 26:833-837) Johnson just "popped in about every other day." (Johnson I at 31:987-988; 34:1104-1106) The second time Johnson said she saw Lisa was a couple of days later when she checked up on her. Johnson said she did not talk to Lisa at first, but then said Lisa asked her to get her some powdered vitamins called Vita Mix. (Johnson I at 27:866-28:898) She said that Lisa did not look as agitated and wound up as she had two days before. (Johnson I at 29:923-932) When Johnson was asked what Lisa would do for "relaxation" or if she went out of here room, Johnson said, "I don't think so, but I . . . again . . . you know . . . I was only there for five minutes. I can't say for sure what she did in the meantime. . . in between." (Johnson I at 29:933-945) Johnson said that she didn't know if Lisa left the room at any time and didn't know where Lisa was during most of the day. (Johnson I at 29:946-30:955) The door to Lisa's room was usually locked so Johnson would knock and if nobody answered she would get the security guard to open the door. (Johnson I at 36:1181-37:1188) Johnson said that it was reported to her that Lisa didn't want to talk to anyone about what was going on. (Johnson I at 30:962-976) Around Thanksgiving, Johnson noticed that Lisa had bruises and Suzanne Green told her that Lisa "had had about a ten minute episode of being like really wild and that she was like . . . you know . . . pounding on tables and she was kicking . . . you know . . . kicking furniture." (Johnson I at 31:1010-1018) Suzanne "said she had to . . . had to physically just . . . you know . . . give her a good strong hug and get her settled down." (Johnson I at 32:1022-1025) That was only occasion that Lisa acted in such a manner. (Johnson I at 33:1067-1070) The Friday after Thanksgiving Johnson noticed that Lisa was looking thinner, but acting more calm and was sleeping. She told Laura that Lisa was "not drinking enough." (Johnson I at 34:1112-35:1125) On Monday, Laura told Janice Johnson that it was tough to get Lisa to drink. (Johnson I at 36:1165-1171) On Tuesday at about 7:00 p.m., Laura advised Johnson that Lisa "had developed some fairly severe diarrhea" but even though Lisa didn't want "to go to the doctor, we had to do something." (Johnson I at 37:1213-38:1228) When Johnson arrived at Lisa's room Lisa "was actually happy" to see her which made Johnson think that Lisa was "at last willing to accept some help." To Johnson, Lisa "looked septic . . . an infection in the blood . . . you know. It's gotten into the blood system." (Johnson I at 39:1262-1278) At that point Lisa looked "very dehydrated. . . extra thin.. . .majorly dehydrated . . . sunken dehydrated look" (Johnson I at 40:1288-1312) Laura told Johnson that Lisa did not want to go to the doctor in response to which Johnson said: "Well, there comes a point where that's tough. . .I'm sorry. . .you know. . .in my opinion. . ..I mean. . .she really needs to go and get some medical help and we're going to have to somehow sell her on it. . .I mean. . .that's that's just the. . .the fact of the matter. . .and so how can we present this so that she'll accept it. So what we decided was okay, how about someone who. . .you know. . .who she knows will. . .will treat her with respect who is a member of the church who she can trust. And that's how we told her so that she'd come with us. . . .Dr. Minkoff" (Johnson I at 41:1339-42:1350) Johnson said that Lisa had never been a patient of Dr. Minkoff's before, but because "he's an emergency room physician . . .[and] his specially training is in infectious diseases," he was "perfect" as "someone that she would trust that had the training to handle whatever infection she had." (Johnson I at 42:1353-1360) Johnson further explained to the police that she did not mention Dr. Minkoff by name to Lisa, but said: ". . .how would you feel about. . .you know. . .would it be okay with you to go to a doctor. . .you know. . .that was just in an emergency room. . .you know. . .. .that. . .that is a member of the church and that we know and that we know is. . .you know. . .is. . .is kind and gentle and there'd be no. . .you know. . .whatever. . .I don't know. . .whatever bad experience she had before. . .you know. . .somebody didn't treat her right." (Johnson I at 42:1361-1370) According to Johnson, Lisa "stayed as far away from doctors as she possibly could." (Johnson I at 57:1860-1863) Nonetheless, Johnson said that Lisa "wasn't happy about but she was okay with it" and agreed to get dressed and go to the hospital to see Dr. Minkoff. Otherwise there "would've been a kicking screaming battle" which Johnson was not willing to cause. (Johnson I at 42:1372-1378) According to Johnson, Lisa's speech was "kinda slow" but "she wasn't like babbling" or "not making sense." (Johnson I at 43:1399-1402) Lisa agreed to see Dr. Minkoff. (Johnson I at 46:1487-1495) Johnson then called Dr. Minkoff and advised him that "she's septic. . .she does not want anything to do with doctors" and arranged to have a back room. (Johnson I at 47:1515-48:1553) "He said, "I'm on duty. . .get her here." (Johnson I at 49:1586-1607) Johnson said that she and Laura walked Lisa to the van which Paul Greenwood had pulled up by the door. (Johnson I at 543:1403-44:1419) Greenwood had been paged either by security or housekeeping. (Johnson I at 44:1420-1430) Paul and Laura carried Lisa down some steps to the van and got in back with Lisa. (Johnson I at 45:1460-1473) They left for the Port Richey hospital at about 8:00 p.m. (Johnson I at 50:1613-1614) During the 40 to 60 minute ride, Johnson was not sure whether Lisa was still conscious. (Johnson I at 50:1639-1642; 53:1721-1725) At first Lisa's breathing was "regular" and then for fifteen to twenty seconds it changed before it "settled back down." (Johnson I at 51:1661-1677) At no point during the ride did Johnson recognize that Lisa had stopped breathing. (Johnson I at 52:1681-1686) She explained the absence of any conversation on the way to the hospital by saying not as a religious practice, but based on "research" "we don't talk around people who are sick or injured" because "things will act as a. . .a hypnotic suggestion." (Johnson I at 52:1687-53:1713) When they arrived at the Port Richey Hospital, Paul Greenwood said "It doesn't look good" to which Johnson responded "well, we better move fast." (Johnson I at 53:1729-1741) When they put Lisa in a wheelchair, Lisa was not breathing. (Johnson I at 54:1745-1753) 2. Alain Kartuzinski's First Story To The Police: Failure Of Recollection And Corresponding Lies In All Pertinent Particulars On May 30, 1996 Alain Kartuzinski was interviewed, in the presence of counsel, by the police. As to his position in Scientology, he presented himself as "a senior case provider" which he explained as "supervising case supervisors . . . which we call auditors. And these ministers perform special counseling with parishioners. . .and my job consists of making sure that the case supervisors do what is standard procedures in directing the spiritual counseling." (Kartuzinski Statement taken 5/30/96 [hereinafter "Kartuzinski I"] at 1:1-2:33) Kartuzinski said that "someone from the security office advised him that Lisa McPherson had had some sort of accident and was at the hospital." (Kartuzinski I at 2:48-55) He said that he knew Lisa "as much as many hundreds of people." (Kartuzinski I at 1:11-17) Since he was unable to "send some minister there," he decided to go to the hospital himself. (Kartuzinski I at 3:72-77) When he arrived at Morton Plant Hospital, he was met by David Slaughter, Lisa's employer. (Kartuzinski I at 3:90-4:94) Kartuzinski advised the hospital receptionist that he was "a minister from the church and I asked to be able to see Lisa McPherson." A few minutes later, he did. (Kartuzinski I at 4:96-102) When he first saw Lisa, she smiled and said "hi" as she was talking to a male nurse named "Joe" who was asking her questions. As Joe continued to question Lisa, she grabbed Kartuzinski's hand and told Joe that she wanted to leave. (Kartuzinski I at 4:107-5:132) Lisa said to Joe that she wanted to go to the church with Kartuzinski. When Joe said "That's fine . . .but how to you explain what you did today when you took your clothes off in the street" Lisa said "this was not a rational action and I'm sorry." She further said, "But you know, I don't want to stay here. . .I want to go to the hotel on Ft. Harrison with him. . .I don't want to stay here." (Kartuzinski I at 5:134-145) Lisa made it clear to Kartuzinski "that she really wanted to leave there and she mentioned. . .you know. . .wanting to rest and relax." (Kartuzinski I at 6:165-170) Kartuzinski complied when Joe asked him to leave so that Joe could continue to question Lisa alone. Three or four minutes later, Joe came out of the room and told Kartuzinski there was no need to keep her. (Kartuzinski I at 5:146-152) At that point Kartuzinski went back to reception and was unaware of what occurred between that point and later, when Lisa walked out. (Kartuzinski I at 8:233-243) When Lisa came into the reception area, Kartuzinski asked her if she needed a ride to which she said "yes," that she would appreciate a ride to the Fort Harrison Hotel. Kartuzinski said he would give her a ride to the hotel where he "dropped her off . . And she got a room." During the three minute ride, other than Lisa saying "I want to go there and rest," there was no conversation. (Kartuzinski I at 8:246-9:276) When Kartuzinski dropped Lisa off, he asked hotel staff to "take her to get a room." (Kartuzinski I at 9:286-290) Ten minutes later, he saw Lisa in one of the cabanas which bordered the pool. He couldn't recall if anyone was with her. (Kartuzinski I at 10:293-310) Returning to his office, he called the Medical Liaison Office and asked someone there "to check on Lisa to see if she needed anything." He did not see her again while she stayed at the cabanas. (Kartuzinski I at 10:318-323; 12:374-378) Three or four days later, Kartuzinski met Janis Johnson or Laura Arrunda for information regarding Lisa and was told that "she had a bit of trouble eating and sleeping . . .the first two or three days but that it was better now." (Kartuzinski I at 11:332-343) Aside from this conversation, Kartuzinski did not notify his superiors or anyone else about Lisa's condition. (Kartuzinski I at 11:349-356) Kartuzinski said that once Lisa was at the hotel, nobody was assigned to her as "she made it very clear that all she wanted to do was just be there and rest." Thus, nobody came in and provided auditing or processing. (Kartuzinski I at 12:364-373) On the afternoon or evening before Lisa died, Janis Johnson came to Kartuzinski's office and told him that "this Lisa had some infection that she was worried about. And she asked to use the phone and she called. . .she called the doctor." (Kartuzinski I at 13:393-419) She left his office "in a hurry" and "then four or five hours later she reported to me that Lisa had died upon arriving at the hospital." (Kartuzinski I at 14:444-446) The next day Johnson mentioned to Kartuzinski that Lisa probably died from meningitis. (Kartuzinski I at 14:449-450) Kartuzinski said that he did not know whether Lisa had any problems in her life. (Kartuzinski I at 7:205-212) He denied that Lisa had participated in an Introspection Rundown in connection with her disrobing or her breakdown by saying "No. Lisa. . .she wanted to rest." (Kartuzinski I at 15:471-16:499) Kartuzinski denied that Lisa had been involved in anything "that would have been strenuous to here physically." (Kartuzinski I at 16:503-506) 3. Alain Kartuzinski's Second Story To The Police On October 13, 1998, pursuant to subpoena and a grant of immunity, Alain Kartuzinski was interviewed by the police again, again represented by counsel, but this time under oath. He testified that he had been on Scientology staff since 1979. (Kartuzinski II at 7:13-19) Having achieved the highest rank, "Class 12" as an auditor, he has progressed Up The Bridge through the high level called "OTVII." a. Kartuzinski Admits Lying And Obstructing Justice During the time of Lisa's dying and death, he was her "senior case supervisor." (Kartuzinski II at 14:4-24) During his May 30, 1996 tape-recorded interview with the police, accompanied by counsel, Kartuzinski was lying to the police on purpose to protect himself and Scientology. (Kartuzinski II at 71:24-72:8; 73:5-14; 82:13-21) Before going into the interview Kartuzinski had made the decision to lie. (Kartuzinski II at 75:12-25) He lied about Lisa "was a parishioner just like any other parishioner" and about how "he had divorced himself from the scene completely." (Kartuzinski II at 80:7-11; 81:16-20) He lied about being Lisa's case supervisor. (Kartuzinski II at 82:10-12) He lied about assigning an auditor to Lisa, as well as the "people who watched over her 24-hours a day." (Kartuzinski II at 48:48:6-10; 86:24:2-7) Everyone who watched Lisa for 24-hours each day over the 17-day period, including Janice Johnson, knew that Kartuzinski was responsible for her. (Kartuzinski II at 84:84:13-21; 85:4-7) He lied about saying that Lisa had neither requested nor consented to any Scientology services. (Kartuzinski II at 71:21-72:3) He lied to the police about Lisa not doing an Introspection Rundown. (Kartuzinski II at 79:18-25) He lied that no one had been assigned to Lisa as her minister or to watch over her. (Kartuzinski II at 85:23-86:9) He lied to the police that he had seen Lisa only once after he transported her from Morton Plant to Ft. Harrison. (Kartuzinski II at 166:6-22) Kartuzinski claimed to have no explanation for the fact that Janice Johnson told the same lies as he had. (Kartuzinski II at 76:1-14) He further claimed that even though he had a lawyer present at the time of the interview, he did not know he had a Fifth Amendment right to remain silent and he did not know that it was a crime to lie to police officers in a criminal investigation. (Kartuzinski II at 73:4-75:6) b. Kartuzinski Had A History Of Treating Lisa As PTS III In the summer of 1995, he was Lisa's auditor when she was in "a similar, although less grave state" in that it was not a "full-blown psychotic break." (Kartuzinski II at 23:20-24; 64:5-6) According to Kartuzinski, Lisa said she "was going to go crazy." (Kartuzinski II at 113:15-22) Lisa stayed at the Fort Harrison over the summer for an Introspection Rundown that involved a 24-hour daily watch which was one of four that he had conducted in the past. (Kartuzinski II at 63:15-64:1; 79:18-20; 95:20-24; 109:15-111:17) In October 1995, because he "wanted to make sure she was all right because of what had happened before," Kartuzinski called Lisa at work twice to see how she was doing. (Kartuzinski II at 26:23-27:16) c. Kartuzinski "Saves" Lisa From The "Psychs" At Morton Plant Hospital Security officer Arthur Baxter, who had been alerted that Lisa was at Morton Plant Hospital, called Kartuzinski and "said she was found walking down the street naked and brought to Morton Plant, and she's probably going to be put into the psychiatric facility there." (Kartuzinski II at 27:22-28:9) Kartuzinski concluded that Lisa had undergone a "psychotic break." (Kartuzinski II at 77:16-78:19) Denying that any Scientology senior directed him to go to the hospital, he decided to go himself in order to keep Lisa out of the psychiatric ward. (Kartuzinski II at 29:19-30:6) On the way out of the garage, Kartuzinski notified Baxter at the security booth, but didn't talk to anyone else. (Kartuzinski II at 30:7-16) While at the hospital, Kartuzinski met with other Scientologists including Humberto Fontana of the Office of Special Affairs. (Kartuzinski II at 30:17-31:19; 196:15-24) The reason all the Scientologists were at the hospital "was to prevent an involuntary hospitalization because she was deemed to be mentally ill and incapable of handling herself." (Kartuzinski II at 197:2-6) Before seeing Lisa, he made the decision to take her back to Fort Harrison. He called Baxter at security and told him to have a room ready. (Kartuzinski II at 62:24-63:9) He assumed responsibility for Lisa's welfare because he "was in charge of her getting better" which included the deployment of personnel. (Kartuzinski II at 127:22-128:12) When Kartuzinski first saw Lisa at Morton Plant, she did not recognize him. (Kartuzinski II at 31:25-2; 92:92:2-3) In response, he "took her hand" and then Lisa said, "I'm glad you're here." (Kartuzinski II at 33:33:1-6) He believed that "she was afraid of going crazy." (Kartuzinski II at 91:11-12) He knew that she was "worse off than she had been by a long way." (Kartuzinski II at 92:10-13) Lisa told Joe Price, the psychiatric evaluator, "He's my minister and I want to go with him." (Kartuzinski II at 34:4-9; 62:12-14) When Joe confronted Lisa and said "You cannot tell me what you did was normal, walking down the street naked," Lisa said "No. You're right, it was not normal. I wanted to cause an effect." (Kartuzinski II at 34:11-13; 58:13-25) Price asked Kartuzinski to leave the room which he did, but stayed within earshot. (Kartuzinski II at 59:9-20) Then Joe came out and said he had no reason to keep her. (Kartuzinski II at 60:22-25) Lisa came out in a hospital gown with Judy Goldsberry and agreed to go to the Fort Harrison in Kartuzinski's car. (Kartuzinski II at 65:18-25) She appeared "very healthy . . .very strong . . . physically." (Kartuzinski II at 133:10-12) Due to his consideration of her state of mind, nothing more was said during the trip back to the Fort Harrison when Lisa was in the back seat between Judy Goldsberry and Emma Schamehorn. (Kartuzinski II at 66:2-13; 67:15-68:21) Going in the back way via security at the Fort Harrison, he dropped her off. (Kartuzinski II at 69:13-70:18) Parking his car, he ascertained Lisa's location from security. (Kartuzinski II at 70:21-71:8) d. The Introspection Rundown Was Approved By The Office Of Special Affairs: Lisa Was Locked Up And Watched Around The Clock - Attendants Were Completely Muzzled: No Speech Since Kartuzinski had determined that Lisa was "partially psychotic," he knew "she needed processing" and "what she had done meant that somewhere - somewhere she - there was something not right here." (Kartuzinski II at 88:12-21; 90:7-21) Lisa was to do an Introspection Rundown which meant she would be watched around the clock with nobody talking and Kartuzinski was to receive on-going written reports of her status. All the watchers were aware of this and that Kartuzinski was in charge. (Kartuzinski II at 84:13-85:7; 124:8-19) When he saw Lisa in her room, he told her they would be "doing some auditing" because "a parishioner does not say I want this or that. That's not how it works." (Kartuzinski II at 71:15-16; 77:1-6) Even though Lisa "agreed" to do the Introspection Rundown which included taking vitamins and nutrition, Kartuzinski did not tell her that she would be billed over $10,000 for it, even though he could have. (Kartuzinski II at 87:12-22; 99:8-100:21 ) Through security, he directed Suzanne Green to begin the on-going 24-hour daily watch. (Kartuzinski II at 108:21-111:17) She was isolated and not free to leave. (Kartuzinski II at 122:24-126:11) He ordered all Lisa's PC files and advised Debra Cook, the "captain of the organization," of the situation. (Kartuzinski II at 89:19-90:2; 100:22-24) Captain Cook, the "head person" at Flag, knew Lisa was staying at Ft. Harrison. (Kartuzinski II at 195:18-23; 200:2) Cook was aware that Scientology's treatment of Lisa was not "per policy" and did nothing to stop it. Instead, she facilitated it. (Kartuzinski II at 198:2-12; 201:5-15; 203:1-13) Kartuzinski kept her informed as to Lisa's status and asked for her assistance in gathering more people to conduct their watch over Lisa as part of the handling of her situation as PTS Type III. After November 25, 1995 Cook was explicitly aware that an Introspection Rundown and watch was being conducted. (Kartuzinski II at 197:19-200:2; 201:16-23) Cook was aware that a "psychotic person" was "being kept" under watch. (Kartuzinski II at 201:5-7) Because of the nature of the situation, Brian Anderson, Umberto Fontana and Annie Mora in the Office of Special Affairs were aware that Lisa was isolated and being watched. (Kartuzinski II at 202:13-21) e. Knowing That Lisa Had No Capacity For Consent, The Scientologists Practice Unlicenced Medicine On Her Because "She Is A Potential Problem For The Church" After the first day, it was clear to Kartuzinski that Lisa was "unable to function by herself" and that she had "serious mental problems" such that she was "unable to make decisions about her own welfare." (Kartuzinski II at 170:11-20) Lisa became "more psychotic as the time went by." (Kartuzinski II at 112:19-23) He organized "people being there 24 hours, no speaking." (Kartuzinski II at 114:18-25) She was "PTS Type III." This meant that Lisa was "connected to someone who is called a suppressive person, which is someone who wants other people to do badly. . . Like a criminal. Hitler would be a suppressive person." (Kartuzinski II at 115:3-23) "Someone who is PTS is connected to such a person." (Kartuzinski II at 116:22-23) A person who is PTS is a "trouble source not only for themselves but a trouble source for the church as well." (Kartuzinski II at 118:1-12) Lisa was viewed "as a type three PTS as someone who represented a threat to herself and a potential problem for the church." (Kartuzinski II at 119:19-24) During the 17 days Lisa was at Ft. Harrison, Kartuzinski was the person who was "going to take care of Lisa" and be her Case Supervisor. As such he was not supposed to talk to her. (Kartuzinski II at 24:10-23; 25:14-17) Thus, he appointed Ruthie Humphrey to be Lisa's auditor. (Kartuzinski II at 25:1-6) He directed Janice Johnson to call Dr. Minkoff with whom she was "in good communication,"speaking to him frequently . (Kartuzinski II at 131:24-137:10) Kartuzinski had no medical training. (Kartuzinski II at 164:18) He claimed that he did not want Lisa "to go to a psychiatric hospital - because she's psychotic." (Kartuzinski II at 160:4-5) He overruled the use of Valium that Dr. Minkoff had prescribed for Lisa because he "thought that [he] was acting for the best of that person" because "Valium is a psychiatric drug." (Kartuzinski II at 163:7-164:12) Without her request or consent, he ordered Lisa to be treated with herbal remedies. (Kartuzinski II at 169:14-170:9) He wanted Janice to physically check on Lisa at least twice per day. (Kartuzinski II at 138:16-21) He spoke with Janice or received reports from her every day. (Kartuzinski II at 139:9-17) He was aware that Janice administered intramuscular injections to Lisa. (Kartuzinski II at 146:17-21) He was aware that Lisa could not consent to medication. Kartuzinski gave the authority that Lisa be medicated anyway and directed David Houghton, an unlicensed dentist, to do so. He was aware that Lisa was held down so that medication could be forced down her throat. (Kartuzinski II at 162:19-163:1) He knew that David Houghton was not a physician, but insisted that aspirin be included in the material Houghton forced down Lisa's throat because there are "spiritual writings on this." (Kartuzinski II at 163:21-24; 165:10-14) According to Kartuzinski, because he had "studied for many years on the subject, and . . . used that technology for many years," and therefore knew "what happens to psychotic people," the aspirin "served to destimulate the pictures that she had so she could sleep." (Kartuzinski II at 165:17-166:1) Kartuzinski acknowledged that according to the "Search and Discovery technical bulletin . . . type threes should never be handled in any place that doesn't have hospital facilities" "because then if you are in a position where if anything occurs, it can be handled right away by people who know what they're doing medically." (Kartuzinski II at 185:12-24) Although the bulletin indicates a necessity for medical treatment and intravenous feedings as part of the Introspection Rundown, and Kartuzinski was aware of those requirements at the time Lisa was at Ft. Harrison, Ft. Harrison was not equipped with a hospital. (Kartuzinski II at 186:24-189:16) There is no such facility anywhere in the United States. (Kartuzinski II at 186:1-4) The first step of the Introspection Rundown states, "On a person in a psychotic break isolate the person wholly with all attendant completely muzzled, no speech." The second step says, "Give vitamins, B complex, including niacin and minerals, calcium and magnesium to build the person up." (Kartuzinski II at 190:12-18) The Introspection Rundown clearly recognized the need for medical treatment including intravenous feeding. (Kartuzinski II at 191:6-9) Even though Kartuzinski was aware of this, he never monitored Lisa's situation to see if she was in need of intravenous feeding or intravenous hydration and never asked anyone else to do so. (Kartuzinski II at 191:13-19) None of the watchers stayed with Lisa more than a few days in a row at most and so would not be aware of Lisa's change in status. (Kartuzinski II at 192:7-20) f. Scientology Watched While Lisa Deteriorated And Died When he received reports that Lisa "was much more violent than she had been," he went to see for himself. (Kartuzinski II at 166:19-176:22) In consequence of Lisa's "violence," he ordered more people to be in her room 24-hour daily watch. (Kartuzinski II at 168:3-18) He could not recall the content of his conversations with Janice that took place the day before Lisa died. (Kartuzinski II at 142:8-20; 144:16-18) Janice did not tell him that Lisa had lost significant amounts of weight until the day of her death. (Kartuzinski II at 143:17-21) On the day of Lisa's death, Janice said Lisa was "septic" and "emaciated." (Kartuzinski II at 144:24-145:1; 150:13) Despite the deterioration in Lisa's condition, he did not call Janice Johnson whom he knew was working with Dr. Megan Shields, a licensed physician, doing physicals, even though he admitted that taking care of Lisa deserved more attention than the physicals and said there was no reason why he could not have done so. (Kartuzinski II at 152:11-153:22) Neither Dr. Minkoff nor Dr. Megan Shields were ever asked to visit Lisa. (Kartuzinski II at 148:12-20) Janice Johnson was seeing Lisa on a daily basis and making daily reports to him. (Kartuzinski II at 213:20-25) Kartuzinski was receiving and reviewing other reports about Lisa every day as well. He reviewed reports that she was too weak to walk which although caused him concern did not cause him to do anything on her behalf. (Kartuzinski II at 150:19-24) He did not consider the fact that Lisa was too weak to walk as showing that she was physically ill because as she was in a "psychotic break." (Kartuzinski II at 158:5-10) At no point did Kartuzinski talk to Janice Johnson about the report that Lisa was too weak to walk. He recalls receiving reports the last three days of Lisa's life that she was unable to walk and was not eating or sleeping enough. (Kartuzinski II at 155:2-23) Kartuzinski gave no explanation for why he never tried to call Lisa's relatives. (Kartuzinski II at 171:18-172:1) On the last day of Lisa's life at 5:30 or 6:00 p.m. Kartuzinski directed Janice to visit Lisa. (Kartuzinski II at 172:9-174:17) Without any explanation for the delay, an hour later Janice reported to him in person. (Kartuzinski II at 174:19-175:4) Purportedly "out of breath" because "she ran to the office," Janice Johnson reported that Lisa had "lost a lot of weight" and was "septic" with a "big infection and it needs to be handled fast." (Kartuzinski II at 175:6-17) They both called Dr. Minkoff from Kartuzinski's office. (Kartuzinski II at 175:20-24) Janice asked Minkoff to prescribe antibiotics over the phone. (Kartuzinski II at 178:14-179:4) He did not recall Dr. Minkoff asking Janice how she determined that Lisa was "septic." (Kartuzinski II at 180:3-6) Kartuzinski directed that Lisa be brought to Port Richey instead of taking the three-minute trip to Morton Plant so that she would be treated by David Minkoff and not go into a psychiatric ward. (Kartuzinski II at 16124-162:16) He denied that there was any conversation whether Lisa is too sick to go to Port Richey. (Kartuzinski II at 175:25-176:8; 177:10-17) Janice said nothing about Lisa being too sick to be able to wait until they went to Port Richey instead of Morton Plant. (Kartuzinski II at 178:1-13) When asked why he did not immediately go see Lisa himself, Kartuzinski could give no explanation. (Kartuzinski II at 182:9-13) He acknowledged that since Lisa was "psychotic," she would not have known who Kartuzinski was so he didn't have to keep his "Case Supervisor" status sacrosanct. (Kartuzinski II at 183:2-5) Kartuzinski was notified by Security head Arthur Baxter that Lisa died. Kartuzinski went straight to the Office of Special Affairs. (Kartuzinski II at 215:4-6) When he was asked: What'd you do about it? I mean, Lisa is still in your control, you're not gonna let her walk out, there's no phone in there, she's psychotic, she can't call anybody for help. You're the only lifeline. She get's so weak she's unable to walk, which seems to me a pretty serious thing. What do you do about it or direct other people to do about it? Do you go find out? Do you go look at her? Do you have someone else look at her? You tell me what you did? (Kartuzinski II at 150:24-151:8) After a pause in excess of two minutes, Kartuzinski said, "I don't recall." (Kartuzinski II at 151:22) Then, he volunteered, "I wasn't - I wasn't trying to let her die. That wasn't what I was trying to do." (Kartuzinski II at 159:2-6) g. To Kartuzinski Scientology Is Infallible So He Does Not Know What Went Wrong, Except Lisa Was To Blame "The proper answer is that nothing in auditing makes people crazy, and that's the truth of the matter. Auditing helps people. The reason why she went the way she did, I don't know. I don't know that anyone knows. It would have to be in her past and auditing is not what created that." (Kartuzinski II at 204:22-205:4) "I'm saying that a person is not in a psychotic break because of whatever was done in Scientology. This is not what occurs, this is not why it's being done, and it cannot do that. It never did, never will. A person's condition is based on what happened to them earlier, what they did, what was done to them and so on, and that is the truth of the matter. Now, a person not recovering may be done - may be due to some error having been done, something that wasn't applied, some bulletin that was not followed exactly, like in this case. Obviously, I just told you that I was the one who took that wrong decision, but I did not make her crazy. The technology - the spiritual counseling did not make her crazy." (Kartuzinski II at 205:22-206:11) I just want to tell you. I can tell you in general terms, and I hope this will help you understand, because it did for me, and the - in some way, not all the suppressive persons in her past were found and handled, and that is the exact technical data, because if it had been, then she would not have relapsed." (Kartuzinski II at 208:17-22) Kartuzinski described that Introspection Rundown as follows: This is the introspection run-down. What was done was an auditor went into the room, sat the person down and corrected the last severe point of wrong indication, so I should take some example.. . .A person gets into a state where they are completely introverted because they have been told things, sometimes repeatedly, sometimes even in violent ways such a father beating you or raping you or whatever, such things which then enter into their reactive mind, and when there is too much of that occurring in a person's life, then the person will go into such a state where it's just too much. The being just disconnects, so to speak, and the mental image pictures take over to the point where they feels they have demons around them and such things, and when you actually tell someone on the 5th of June of last year you were told blah, blah, blah, blah, blah, for some reason it destimulates those mental image pictures. It slowly but surely gets the person back in control, back in the environment. (Kartuzinski II at 216:16-217:11) D. David Minkoff, M.D. Accompanied by counsel, David Minkoff was first interviewed under oath on April 20, 1997. A physician, he moved to Clearwater in 1981 to participate more fully in Scientology. (Sworn Statement of David Minkoff, 4/20/97 [hereinafter "Minkoff I"] at 4:4-5:19) Minkoff has completed all Scientology administrative courses, is an auditor and received has counseling through OT8. (Minkoff I at 7:3-6) Out of a total of 12 levels, Minkoff is a Scientology "auditor" of the Class 5 Graduate Level. He audits others. (Sworn Statement of David Minkoff, 5/19/98 [hereinafter "Minkoff II"] at 17:10-23) Minkoff achieved Scientology's state of "Clear" in 1989. It was uncommon for a Clear to go psychotic. (Minkoff Depo at 126:1-15) In fact, prior to Lisa's case, in all his years in Scientology, Minkoff had never heard of such a thing taking place. (Minkoff Depo at 134:7-14) 1. Minkoff's Relationship With The Medical Liaison Officer As a physician and Scientologist, he received frequent calls from Medical Liaison Officers. (Minkoff I at 14:9-13) 2. Relying Entirely On Unlicensed Personnel, Dr. Minkoff "Treated" Lisa McPherson Without Seeing Or Talking To Her, Writing Prescriptions For Her In Someone Else's Name Prior to her illness, David Minkoff never met or heard of Lisa McPherson. (Minkoff I at 15:11-19) Dr. Minkoff knew Alain Karduzinski who was a Case Supervisor. (Minkoff I at 16:2-5) Two weeks before Lisa died, even though Minkoff had lunch with Janice Johnson, they did not discuss Lisa.(Minkoff I at 114:18-23) Within a couple of days after November 18, 1995, Minkoff received a call from Janice Johnson, Alain Kartuzinski or Dave Houghton regarding Lisa that she was Type III and "so wound up that she just wasn't sleeping" (Minkoff I at 17:16-18:7; Minkoff Depo at 35:3-15) Minkoff therefore "assumed that she was psychotic." (Minkoff II at 50:3-17) To be advised that Lisa was "Type 3, which means the person's psychotic. And Hubbard's prescriptions for the psychotic person are to put them in a destimulating environment. So keep it quiet, and let them rest, and give them adequate nutrition and just let them cool off. So my understanding was that's what was going on. Now, as an outsider, you know, as a nonstaff member, the details of what, actually -- the process that -- what was going on -- they don't tell me and I don't ask." (Minkoff I at 24:6-20) He acknowledged that the remedy for Type 3 situations "is Hubbard's teachings or their own procedures, as opposed to going for outside psychiatric problem-solving." (Minkoff I at 25:10-14) Based on those policies, a person with a mental disease needs to go through a thorough physical examination to rule out any possible medical cause for her mental problem. (Minkoff I at 103:19-104:10) He is familiar with Watches and part of the rundown being conducted in Scientology. (Minkoff I at 115:8-14) Minkoff is familiar with the Hubbard bulletins that recommend use of a mild sedative to help people sleep who are too wound up to calm down. (Minkoff Depo at 43:3-18) Minkoff previously participated in Scientology isolation watches at its request by conducting a physical examination on a person which included a house-call-follow-up-visit one month later. (Minkoff Depo at 38:5-39:10; Minkoff II at 28:10-19) MLO David Houghton and Case Supervisor Kartuzinski called Minkoff at home at 11:00 at night and told him that had a woman who was a Type 3 at Fort Harrison "and they wanted to do processing with her, but she just wasn't sleeping." (Minkoff II at 40:6-41:16:24) Houghton and Kartuzinski related no medical history and did not say anything about her condition, whether she was eating, drinking or dehydrated, coherent or incoherent in the sense of being able to give consent. (Minkoff II at 43:8-44:22) They did say she "was in isolation." (Minkoff II at 55:7-10) When Minkoff received the MLO request on November 20, 1995, he responded by giving "medical advice" when he called in a prescription for injectable liquid Valium to Eckard's drugstore in the name of David Houghton which was neither his normal practice nor permitted by law. (Minkoff Depo at 48:13-50:5; Minkoff II at 37:6-25; 45:19-21) Neither Houghton nor Lisa was his patient. (Minkoff Depo at 52:8-17) He wrote the prescription for Lisa McPherson, about whom he knew nothing and had never seen, as a favor to Janice Johnson because she was not licensed and couldn't get prescriptions in Florida. (Minkoff I at 88:15-89:11) He neither gave nor did they ask for authority to force-medicate Lisa or to medicate her against her will or without her consent. (Minkoff II at 56:6-20) He never asked to speak to Lisa. (Minkoff Depo at 73:8-9) He never did speak to Lisa until she showed up at the emergency room dead. (Minkoff II at 63:3-7) Believing "they were attempting to treat her psychosis" (Minkoff II at 66:9-14), on November 29, 1995, Dr. Minkoff called in a second prescription for Lisa McPherson, this time for chloral hydrate. (Minkoff Depo at 74:3-7) She was not his patient. (Minkoff Depo at 81:15-19) In order to get fluids and food into Lisa, Minkoff would not recommend the use of a medical device similar to a turkey baster to do so. (Minkoff I at 97:24-98:21) Minkoff didn't give them any advice or what to symptoms to rule in or rule out, how to treat Lisa's psychosis, on diagnosing what was wrong with her, did not authorize them to restrain her against her will and did not authorize them to hold Lisa down and use a syringe to medicate her with Benadryl and aspirin. He denied knowledge of any forcible medication. (Minkoff II at 58:1-59:1) He never visited Lisa at Fort Harrison and was never asked to. (Minkoff I at 114:13-17) Minkoff had trouble recalling any details of the context of his actions because "I can't explain why I did it in the first place. So after that, everything else is pretty much out the window." (Minkoff II at 59:17-20; 53:5-17) 3. Minkoff Pronounces Lisa Dead On Arrival At The Port Richey Emergency Room On December 5, 1995 between 7:00 and 7:30 p.m. Minkoff received a call from Janice Johnson asking for authorization to inject Lisa with penicillin (not obtain the same by prescription) because "she thought she had a strep throat" based on seeing Lisa at 6:30 p.m. Johnson further advised Minkoff that even though Lisa had "a lot of diarrhea" and "lost a lot of weight," Lisa was not so sick as to require immediate emergency attention and asked him to see her, even though to do so would require a 45-minute drive. Minkoff refused to give the requested authorization, and said he was leaving the emergency room before 10:00 p.m. (Minkoff Depo at 81:20-83:20) Johnson did not tell Minkoff that Lisa was comatose, and unable to walk or communicate. (Minkoff Depo at 86:5-17) Johnson had not accurately represented Lisa's physical condition when she called Minkoff that night. (Minkoff Depo at 89:25-90:9) It was "out of the ordinary" to bring Scientology members to Port Richey. (Minkoff I at 113:5-8) Johnson said Lisa was still breathing half-way to Port Richey. (Minkoff I at 73:18-20) Janice Johnson brought Lisa McPherson to the Port Richey emergency room at 9:30 p.m. - dead. (Minkoff Depo at 88:14-25) Minkoff declared Lisa dead. (Minkoff Depo at 92:20-24) When Dr. Minkoff first observed Lisa, he was "appalled, . . . very upset. It was horrible. It was terrible. It was - you know, it's shocking." (Minkoff Depo at 89:19-20; 100:17-20) When he first saw Lisa "she was definitely dehydrated." (Minkoff I at 78:20; 95:23-24) After two days without fluids a person becomes severely dehydrated. (Minkoff I at 118:12-21) The appearance of her wrists were consistent with skin abrasions consistent with having been restrained. (Minkoff Depo at 101:8-19\04:19) Minkoff gave privileged information regarding Lisa to Scientology. (Minkoff I at 101:9-102:9) Minkoff denied having any conversation with Janice Johnson since all this occurred. (Minkoff I at 68:24-69:1) 4. Minkoff's Explanation Of Scientology "Ethics" And Lying And Its Abhorrence Of The Mental Health Profession Minkoff explained his operating knowledge of Scientology lexicon and "ethics" in relation to telling the truth and not lying. He started by explaining that the saying "greatest good for the greatest number" means "the action a person takes should take into consideration themselves, others and the environment so that the wisest decision can be made that will benefit all for the best." (Minkoff Depo at 133:21-134:1) The phrase "clearing the planet" means "that it's the hope that if all the collective reactive minds that were on this planet were handled so that the people were clear, it would be a healthy and safe place to be." (Minkoff Depo at 134:2-6) An "Overt" means "transgression against another, either something you did that you shouldn't have done or something you didn't do that you should have done. Involves good for both people." (Minkoff Depo at 134:19-24) Then counsel inquired about the relationship between "lying" and committing an "overt." Q. When is lying an overt? A. Probably when it does the most harm to the most number of dynamics. Q. And when is lying not an overt? A. The opposite; when it's the greatest good for the greatest number of dynamics. Q. So then lying is permissible? A. Well it's - if you look at ethics in the context of society - I mean, I don't think lying is right. Lying isn't good. It's almost like saying it's a sin to kill. Did people sin in World War II when they killed people who were trying to harm them? And I would say no. So if you ask me is lying a sin or an overt, I would basically say yes. If I had to lie because you were threatening me physically to hurt me and it was the only way I could do it to save myself, would that be an overt? No. So it's - ethics is a relative philosophy. It's not - I don't believe that it's a carved-in-stone always this, always that. (Minkoff Depo at 135:9-136:4) Dr. Minkoff further explained his Scientological point of view regarding the truth in response to being asked what is an "acceptable truth" to which he responded "one that works. . . . When it works. When its ethical. When it does the best good for the most number of people." (Minkoff Depo at 136:14-21) Dr. Minkoff agrees with the Hubbardian claim that "pain and sex were . . . invented by psychiatrists millions of years ago" and the "cause of all crime in the world is psychiatry." (Minkoff Depo at 143:21-144:8) He sees no conflict between "being a medical doctor and the techs or bulletins of Scientology." (Minkoff I at 133:8-10) Minkoff described Scientology not as "a belonging sort of thing" but "as a pay-as-you-go service where I learn or audit or take courses. Membership is not the - it's not a membership thing." (Minkoff I at 154:1-1554 LEGAL ARGUMENT V. UNDER THE CIRCUMSTANCES OF THIS CASE SCIENTOLOGY DOES NOT MERIT PROTECTION AS A RELIGION PURSUANT TO THE FIRST AMENDMENT A. Is Scientology a Religion? It All Depends.... "...Scientology 1970 is being planned on a religious organization basis throughout the world. This will not upset in any way the usual activities of any organization. It is entirely a matter for accountants and solicitors... HCO POLICY LETTER OF 29 OCTOBER 1962, RELIGION (Furnish a copy of this to all attorneys dealing with our interests for us)". (emphasis added). "In spite of the fact that data did indicate religion to be an incorrect approach, the Mission went ahead incorporating Scientology as a Church in Tokyo... Do we go religious or Dianetics (into Japan)..."SEA ORGANIZATION AIDES ORDER 549-1, 29 January 1981. "Our war has been forced to become "To take over absolutely the field of mental healing on this planet in all forms. This was not the original purpose. The original purpose was to clear Earth..." To the Guardian W W 2 Dec 69, CONFIDENTIAL INTELLIGENCE ACTIONS COVERT INTELLIGENCE DATA COLLECTION Is this a religion? It depends on how Scientology wants to be perceived. The correct approach in determining the status of Scientology and Flag is contained in the learned decision of United States v. Article or Device "Hubbard Electrometer", 333 F. Supp. 357, 361 (USDC., 1971). There the court describes the history of Scientology where it sold courses and even its claimed religious E-meters to members of the general public. The court ruled that Scientology had a secular and religious auditing processes. At 359. It noted that a few of Hubbard's writings are primarily religious in nature but most of his writings contain medical or scientific claims written in a "partially religious context." At 361. Unfortunately, the trial court, in following the Court of Appeals, stated that there must be an item by item analysis of the writings. "The court notes that the task of determining whether a claim or representation is religious or non-religious, or whether a religious claim is genuine or merely "tacked on" to basically pseudo- scientific claims, is hardly less troublesome than the task of determining whether a religious claim is true or false. The court has attempted to resolve the difficulty thus presented by the Court of Appeals by refusing to consider the truth or falsity of any claim which, in the understanding of the average reader, could be construed as resting on religious faith. All doubts on this issue have been resolved in favor of the claimants. But the overall effect of the many separate writings and the writings as a whole cannot be seriously questioned. Whether the documents are viewed singly or as a whole, the proof showed that many false scientific claims permeate the writings and that these are not even inferentially held out as religious, either in their sponsorship or context. At 361. (emphasis added). The court noted that the Hubbard Guidance Center offers nonreligious processing in auditing to the public for a fee. The court concluded that "[V]iewed as a whole the thrust of the writings is secular, not religious." At 362. (emphasis added). The First Amendment does not define "religion." Reynolds v. United St ates, 98 U.S. 145, 162 (1878). In order to merit First Amendment protection, religious beliefs must be "based upon a power or being, or upon a faith, to which all else is subordinate and upon which all else is ultimately dependent." United States v. Seeger, 380 U.S. 163, 176 (1965). "The battle for religious liberty has been fought and won with respect to religious beliefs and practices, which are not in conflict with good order, upon the supremecy of conscience within its proper field." Id. (Emphasis added). So therefore, if a religion mandates deprivation of food and water in order to cleanse or free the body or spirit, and this cleansing continues to the point of death, with or without the consent of the parishioner, it conflicts with good order. The constitution will not only not protect that type of religious practice, the law will mandate legal redress "The First Amendment, although it protects religious belief, does not itself define "religion." Therefore, the court must turn to case law for guidance. Early Supreme Court precedent defined religion in traditional theistic terms. Over the years, case law broadened to protect unorthodox and nontheistic beliefs. See, e.g., Torcaso v. Watkins, 367 U.S. 488, 495 n. 11, 81 Sup. Ct. 1680, 1683 n. 11, 6 L. Ed.2d 92 (1961), (identifying religions in this country which do not teach belief in the existence of God); ... religion may be regarded "as a response of the individual to an inward mentor")... The court defined "religion" by comparing less traditional belief systems to faiths clearly within the scope of the First Amendment. Thus: while the applicant's words may differ, the test is simple of application. It is essentially an objective one, namely, does the claimed belief occupy the same place in the life of the objector as an orthodox belief in God holds in the life of one clearly qualified for exemption? (United States v. Seeger, 380 U.S. 163, 185, 85 S.Ct. 850,863,13 L. Ed.2d 733 (1965))... " Carpenter v. Wilkinson, at 525-526. (emphasis added). If "beliefs are more aptly characterized as medical, therapeutic, and social...they are secular, not religious." United States v.Meyers, 906 F.Supp. 1494 (D. Wy., 1995). In order to assist this court through the maze of Scientology claims of being a religion, a philosophy, or secular management tool, the case The Founding Church of Scientology of Washington D.C. v. United States, 409 F. 2nd 1146 (D.C.Cir., 1968), is most helpful. In order to understand Scientology, one must first begin with Dianetics. "The basic theory of Dianetics is that man possesses both a reactive mind and an analytic mind. The analytic mind is a superior computer, incapable of error, to which can be attributed none of the human misjudgments which create social problems and much individual suffering. These are traceable rather to the reactive mind, which is made up ' engrams', or patterns imprinted on the nervous system in moments of pain, stress or unconsciousness. These imprinted patterns may be triggered by stimuli associated with the original imprinting, and may then produce unconscious or condition behavior which is harmful or irrational. Dianetics is not presented as a simple description of the mind, but as a practical science which can cure many of the ills of man... The goal of Dianetics is to make persons ' clear', thus freeing the rational and infallible analytical mind." At 1151. The above definition quoted by the court is found in the original Hubbard book of Dianetics. There is absolutely nothing in this theory which even hints at spirituality or spiritual treatment. It is pure science according to Hubbard. "Appellants (Founding Church of Scientology Washington D.C.), have contended that their theories concerning auditing or part of their religious doctrine. We have delineated in detail the evidence on which is claims based. Again the government has not contested this claim; it has not tried to argue or prove, for instance, that even if Scientology's practice here is a religion, auditing services had been settled to the general public on the basis of wholly non-religious pseudo- scientific representations. At 1161. "On the basis of the record before us, the Founding Church of Scientology has made out a prima facie case that it is a bona fide religion and, since no rebuttal has been offered, it must be regarded as a religion for purposes of this case. At 1162. (emphasis added). Even though the government in Founding Church of Scientology of Washington D.C. did not contest that Scientology's theories concerning auditing are part of their religious doctrine, the court stated: "we do not hold that the Founding Church is for all legal purposes a religion. Any prima facie case made out for religious status is subject to contradiction by a showing that the beliefs asserted to be religious are not held in good faith by those asserting them, and that forms of religious organization were erected for the sole purpose of cloaking a secular enterprise with the legal protections of religion. We do not hold that, even if Scientology is a religion, all literature published by it is religious doctrine immune from the Act. At 1162.(emphasis added). "The Constitution protects the right to have and to express beliefs. It does not blindly afford the same absolute protection to acts done in the name of or under the impetus of religion." Leary v. United States, 383 F. 2nd 851, 859 (5th Cir., 1967), reh. denied, 392 F. 2nd 220 (1968), cert granted, 392 U.S. 903, 88 S.Ct. 205 A., 20 L. Ed.2d 1362 (1968).United States v. Kuch, At 444. Scientology, over the years, has seized the status of a religion by default, not by merit. There is not a single case where the question whether or not Scientology is a bona fide religion has been litigated in an open, public, adversary proceeding. Indeed, even though it was regrettably constrained by the consequences of such a default, a United States District Court went so far to say that Scientology, L. Ron Hubbard's "religious cult" was nothing but "quackery [which had] flourished throughout the United States and in various parts of the world" after "Hubbard, writing in a science fiction magazine in the 1940's, first advanced the extravagant false claims that various physical and mental illnesses could be cured by auditing." (United States v. Article or Device. Etc. (D.D.C. 1971) 333 F.Supp. 357, 359.) Now, almost 30 years later, despite Scientology's shrill exactions to constitutional status as a bona fide religious institution, the issue currently "remains a very live and interesting question." (Wollersheim v. Church of Scientology (1989) 212 Cal.App.3d 872, 880) This judicial pronouncement illustrates that despite Scientology's efforts to achieve by litigation what it has been unable to earn by merit, nothing