STATE OF FLORIDA Case No.CRC98-20377CFANO-S V. CHURCH OF SCIENTOLOGY FLAG
SERVICE ORGANIZATION, INC.
SPN: 01980179 RESPONSE _TO DEFENSE MOTION TO DISMISS BASED
UPON THE RELIGIOUS FREEDOM RESTORATION ACT C. OVERVIEW OF LISA MCPHERSONS'S "TREATMENT" AT THE FORT HARRISON. Less than three months after achieving the Scientology status of "Clear," McPherson undressed and walked down the street naked after being involved in a minor accident in which she was not injured. Her actions and mechanical speech, which was littered with Scientology terminology, suggested the existence of unresolved mental and emotional problems despite her eighteen year use of Scientology "technology." Lisa told paramedics that "Nobody knows this" but I'm an "OT" (an operating thetan, a Scientology state beyond See, page 413 of "what is Scientology" attached to defendant's pleadings which indicate that membership in Scientology is governed by membership in the International Association of Scientologists rather than affiliation with an individual Church or Mission. This assertion, contained in the affidavit of Michael Rinder, is urged by the defendant as a "substantial burden" imposed upon it. 3 that of "Clear"). She indicated she wanted people to think she was crazy because she wanted help. She referred to herself variously as a bad person, having bad thoughts, who had taken "her eyes off the object" and was tired and wanted help. She agreed to go with paramedics to neArby. Morton Plant Hospital for evaluation. Within minutes of her arrival, a group of Church of Scientology Flag Service Organization, Inc. (CSFSO) supervisors and employees arrived at the hospital and attempted to intervene. While at least one handed out anti-psychiatric literature, others insisted on being present with Lisa in the emergency room. With these CSFSO employees and other Scientologists waiting nearby during the evaluation, hospital personnel determined that Lisa did not meet the criteria for involuntary hospitalization and that she did not wish to stay voluntarily at the hospital. After corporate employees assured the hospital staff that they would be responsible for her, Lisa agreed to leave with her "friends from the congregation," and was discharged against medical advice into their care. After leaving Morton Plant Hospital in the custody of CSFSO employees, Lisa was taken to the Fort Harrison Hotel, a Clearwater facility less than a quarter mile from the hospital which was owned and operated by the defendant. From minutes after her arrival until seventeen days later when her dead body was delivered to a New Port Richey emergency room, no one other than officers or employees of the corporation saw her, touched her or spoke to her. She had no contact with her family, had no access to outsiders, had not been permitted to leave the hotel, and had remained physically and mentally incapable of caring for her own needs. During that period, more than two dozen corporate employees, from CSFSO's Security division, its Medical Liaison Office, and numerous other corporate offices shared responsibility for her care. Employees were assigned to watch her and made daily reports on her condition to Alain Kartuzinski, who at the time was the Senior Case Supervisor for CSFSO. As the Senior "C/S" he was the highest ranking corporate employee responsible 4 overseeing the quality of spiritual technology or auditing - one of the major functions of the Clearwater corporation. His job included treating so-called "PTS, Type ill's. "6 Lisa's desqent from marginal competence to delirium occurred rapidly during the corporation's attempts to diagnose and "treat" her. The State believes that the evidence will show that CSFSO employees attempted to diagnose Lisa's condition without medical help and, without her consent or competent medical authority, force-medicated her with substances to treat her apparent insomnia and delirium, injected her with muscle relaxants to induce sleep and fed her concoctions of herbal remedies mixed with food, vitamins and prescription medication. Despite the obvious deterioration of Lisa's mental and physical health, she was never taken to or seen by a licensed medical doctor from the time she arrived at the Fort Harrison until her death 17 days later. She lost weight and became weak in the corporation's exclusive care, losing 20-40 pounds. She grew too weak to walk and eventually became so severely dehydrated that she would have been virtually unresponsive for from one to three or more days prior to her death. Her death was a result of her severe dehydration and immobility which led to the development of a pulmonary embolism. Despite clear warning signs of the severity of Lisa's condition, CSFSO employees intentionally bypassed readily available emergency care at nearby Morton Plant Hospital (where doctors had warned CSFSO employees that they would be held responsible for Lisa's welfare) and delayed for hours before driving her to an emergency room in another County.