http://home.earthlink.net/~snefru/deathoflrh/FACTnet-death.html THE SUSPICIOUS CIRCUMSTANCES OF L. RON HUBBARD'S DEATH ,AND PURPORTED EXECUTION OF ALLEGED LAST WILL AND TESTAMENT PURPORTEDLY DATED JANUARY 25,1987 23. For many years prior to his death, Mr. Hubbard ingested various drugs, many of them allegedly hypnotic and psychiatric drugs, and other medications which were administered by certain assistants of Mr. Hubbard, such as a certain Andre Tabayoyon and Kim Douglas, whose testimony will be submitted with the Petitions sought to be filed herein. One of Mr.

Hubbard's own sons has also testified to these facts in prior proceedings.

24. During the two years before his death, a Dr. Gene Denk was in constant attendance upon Mr. Hubbard on a full time basis. Dr. Gene Denk is understood to be a duly licensed California physician.

25. Approximately two weeks before Mr. Hubbard died, Dr.

Denk left Mr. Hubbard's side in Creston, California and went on a gambling trip to Reno/Lake Tahoe, Nevada accompanied by his wife, Terri Gamboa, Rick Aznaran, and David Miscavige.

In essence, it appears that L. Ron Hubbard's medical support was intentionally withdrawn from him. Prior to this gambling expedition, David Miscavige was reported in prior testimony as stating, in effect, "the IRS indictments are about to come down. The only thing that will save us now is if the Old Man dies."

During their absence in Reno, Nevada, Mr. Hubbard suffered a crippling stroke. Upon information and belief, Mr. Hubbard received no medical attention from any physician licensed to practice in California, until Dr. Denk returned from Reno, Nevada. Dr. Denk had prescribed and administered a number of drugs to Mr. Hubbard, including the psychiatric drug Hydroxyzine (Vistaril) which is usually administered in combination with other hypnotic, psychotic and sedating narcotics and restricted drugs. Indeed, the Coroner's report indicates that there were "ten recent needle marks" in "the right gluteal area" of the dead body.

According to Dr. Denk's statement to the Coroner, Mr. Hubbard also had a "long history of chronic pancreatitis" (which is primarily cause by alcoholism) and a recent history of "dysphrasia." According to the Coroner, Dr. Denk also told the Coroner "of decedent's clinical history which supported a possible neurological problem;" thereby raising issues of cognitive capacity which Mr. Hubbard's personal representatives such as Norman F. Starkey, Sherman D. Lenske, Esq., and Earle Cooley, Esq. should have brought to the attention of this Court. Berry Declaration, Exhibit A, "Investigation," "Report on "Toxicology Report" Post Mortem Examination, 26. Mr. Hubbard's 1979, 1982 and 1983 testamentary instruments made no disposition of any copyrights which cannot, as a matter of law, be transferred by will. In addition, Mary Sue Hubbard had/has a fifty percent community property interest in each of these copyrights.

27. Immediately prior to Mr. Hubbard's death, Dr. Denk, Pat Broeker, Anne Broeker, Steven Pfauth, Ray Mithoff, and possibly others, were in attendance with Mr. Hubbard.

All of them are within the group defined herein as Hubbard's Successors as defined in paragraph 3 herein.

28. Upon information and belief, neither Mr. Hubbard's wife, Mary Sue Hubbard, nor any of his children were present at the time of his death, were not advised of his ailing health and imminent demise, and the Hubbard Successors purposefully deprived the Hubbard family of the opportunity to be with him at his death bed. One day before he died, with his cognitive capacity in serious question, Mr. Hubbard purportedly signed a new will and trust agreement providing, among other things, for purported transfers of the Disputed Works to the Hubbard Successors, and which made certain lesser testamentary provisions for Mr. Hubbard's wife and certain of his children. Significantly the inherently suspect alleged last minute will, for the very first time, purported to unlawfully transfer the Disputed Works to the Hubbard Successors notwithstanding the community property interest of his wife who had been married to him when each of the Disputed Works were allegedly written by Mr. Hubbard alone.

David Miscavige and Dr. Denk misrepresented the significance of the differences between the purported January 23, 1986 Will and the earlier testamentary instruments. Berry Decl.

Exhibit A, Investigation Report, page 4, 2nd full para.

Clearly, those misrepresentations of David Miscavige and Dr. Denk misled the coroner into concluding that there was no reason or motive to suspect foul play and therefore no need to investigate further. Upon information and belief, David Miscavige, Norman Starkey, and others participating provided no opportunity for any of the Hubbard Family members to be involved in these events.

29. The Coroner was unable, and not permitted, to conduct an autopsy of Mr. Hubbard's body. Mr. Hubbard's death was not reported to the authorities for many, many hours until attorney Earle Cooley, Esq. had traveled from Boston, Massachusetts to the ranch at Creston, California, had assessed the situation and then notified a funeral home which became suspicious as a result of the delay in reporting the death, and alerted the Coroner. Berry The provisions of the 1986 will are generally described on pages 6-8 of the draft Memorandum of Points and Authorities attached to the supporting Berry Declaration as Exhibit C.

30. Following the brief investigation on January 25, 1996, the body of L. Ron Hubbard was released to the custody of David Miscavige "Representative of the Author Services in Los Angeles." Berry Decl. Exh. A. "Investigation," page 4. The body was immediately cremated, within 24 hours of death, and the ashes scattered at sea. See generally, Berry Decl. Exh. S. Extracts from "A Piece of Blue Sky."

Go Back