Published Sunday, April 9, 2000, in the Miami Herald Case of Scientologist's death is best put to jury, judge says TAMPA -- (AP) -- A judge has denied requests by both sides to rule in a wrongful death lawsuit against the Church of Scientology, saying it's a matter for a jury to decide. Circuit Judge James S. Moody said religious rights are not a core issue in the 1995 death of Lisa McPherson. The issue is consent, he said. And it is not clear whether McPherson consented to her treatment by Scientology members before she died in their care. In announcing his decision Friday, Moody said the case is ``replete with factual disputes.'' Resolving those disputes is a jury's job, not a judge's, he said. McPherson, 36, died after a 17-day stay at the church's spiritual headquarters in the Fort Harrison Hotel in Clearwater. Church officials say she consented to treatment; her survivors say she did not. Lawyers for McPherson's family contend the 13-year Scientology veteran was held against her will and force-fed medication. The church is fighting criminal charges of practicing medicine without a license and abusing a disabled adult for it's treatment of McPherson. Lawyers for the church say McPherson had psychiatric problems and was being protected from harming herself. The Church of Scientology was founded in 1954 by the late science- fiction writer L. Ron Hubbard. His book Dianetics formed the basis of his philosophy that traumatic memories in past lives could be cleared through church counseling.