COUNTY COURT OR CIRCUIT COURT - CRIMINAL DIVISION
PINELLAS COUNTY, FLORIDA
WITNESS AFFIDAVIT
STATE OF FLORIDA
V.
CHURCH OF SCIENTOLOGY,
FLAG SERVICE
ORGANIZATION, INC.
BEFORE ME, A NOTARY PUBLIC, personally
appeared Special Agent A. L. Strope of the Florida Department of Law
Enforcement, who being duly sworn says:
Your Affiant is a sworn
Special Agent with the Florida Department of Law Enforcement Office and
has been so employed for the past ten years. In January of 1997 your
Affiant was assigned to assist the Clearwater Police Department in their
investigation into the 1995 death of 36 year old Lisa McPherson. Your
Affiant has read through the initial police reports of the
investigating
officers, reviewed transcripts of taped interviews of witnesses,
reviewed medical records relating to Lisa McPherson from Morton Plant
Hospital and Columbia HCA New Port Richey Hospital in New Port Richey,
reviewed
autopsy photos
and the report of the autopsy of Ms. McPherson,
has also personally interviewed numerous witnesses and was present at
numerous sworn statements of subpoenaed witnesses taken by the Pinellas
County State Attorney's Office. Based upon these sources, your Affiant
has reasonable grounds to believe that from approximately November 18,
1995 up to and including December 5, 1995 that the Church of
Scientology
Flag Service Organization, Inc., an active Florida Corporation, (herein
after referred to as CSFSO), did unlawfully and feloniously engage in
or
attempt to engage in the illegal, unlicensed practice of medicine,
to-wit: the diagnosis, treatment, operation or prescription for any
human disease, pain, injury, deformity or other physical or mental
condition or did act in this state as a medical doctor in violation of
Florida Statute, Section 458.327 (1995). Your Affiant further has
reasonable grounds to believe that the CSFSO, an active Florida
Corporation from approximately November 18, 1995 to December 5, 1995
did
knowingly, willfully or by culpable negligence abuse or neglect Lisa
McPherson, a disabled adult and in doing so caused great bodily
harm.
Your Affiant learned through the above-mentioned
investigation that Lisa McPherson was a long-term member of the
organization known generally as the "Church of Scientology." She had
initially become involved many years ago in her home state of Texas and
had moved to Clearwater in late 1993 when her employers, who are also
Scientologists, moved their business there. During the two years
preceding her death, Lisa spent more than $70,000 for courses, services
or auditing at the CSFSO, located at the Ft. Harrison Hotel in downtown
Clearwater, and in various other buildings in the immediate Clearwater
area. Your Affiant states that at approximately 5:50 p.m., on November
18, 1995 Lisa was involved in a minor traffic accident in Clearwater,
Florida. McPherson, who appeared to be uninjured, talked briefly with
Paramedic Bonnie Portolano and EMT Mark Fabyanic before moving her car
out of traffic. The paramedics then noticed that Lisa had taken off all
of her clothes and was walking past them down the street naked.
Portolano stopped Lisa and brought her back to the van and, because of
her actions and conversation, became concerned for Lisa's psychological
well-being. Lisa consented to be taken to Morton Plant Hospital, which
was a short distance away. Portolano estimated Lisa's weight at over
150
lbs. Your Affiant is aware of this information by reading the
investigative reports of the officers involved and the transcript of
taped interview of paramedic Portolano given to Clearwater Detective
Suddler and the transcript of her deposition given in a related civil
case.
Your Affiant learned from reviewing the hospital
records relating to Lisa's stay and from reviewing police reports
or transcripts of taped interviews of Portolano, attending Physician Flynn
Lovett, and psychiatric nurse Joe Price that shortly after Lisa's arrival,
a number of Scientologists including several high level CSFSO officials
showed up at the emergency room and asked to be with Lisa. Despite the
fact that Dr. Lovett felt that Lisa was in need of psychological treatment,
Nurse Price did not believe McPherson met the criteria for involuntary
hospitalization. Lisa was allowed to check out against medical advice
and leave with other members of the CSFSO, who had promised to care for
her. Your Affiant further learned that Lisa remained at the Ft. Harrison
Hotel until the evening of December 5, 1995. On that date at approximately
9:30 p.m., Lisa arrived at Columbia HCA New Port Richey Hospital in New
Port Richey, Florida, a location in Pasco County approximately 20 miles
and 45 minutes north of where she had been staying at the Ft. Harrison
Hotel in Clearwater, Pinellas County, Florida. Lisa was not breathing
and had no heartbeat at the time she arrived. Despite extensive efforts,
she could not be resuscitated. Your Affiant was present during and has
reviewed the transcript of the sworn testimony of Dr. Minkoff. Dr. Minkoff,
the attending physician at Columbia HCA New Port Richey Hospital, who
is himself a Scientologist, pronounced Lisa dead. He testified he had
spoken to Janice Johnson around seven p.m. on December 5, 1995 about the
possibility of Lisa being driven to the hospital for evaluation and treatment,
but was shocked at her "horrific" appearance. She appeared to be severely
dehydrated and had abrasions or bruises on her body which he believed
to be septic petechiae.
As a result of Lisa's death and notification
of the Pinellas Pasco Medical Examiner's Office, police were contacted
and a criminal investigation was begun. An autopsy performed by Dr.
Robert Davis (formerly employed as an associate medical examiner in
Pinellas and Pasco Counties) revealed an embolism of the left pulmonary
artery which partially obstructed blood flow going from the heart to
the
left lung for oxygenation. The right pulmonary artery was unobstructed.
A thrombus located behind the knee in the left popliteal vein appeared
to be the source of the pulmonary embolus. The
autopsy photos
showed
that Lisa displayed the physical indicia of significant dehydration.
Your Affiant has been advised by Chief Medical Examiner Joan Wood that
subsequent laboratory tests performed on the vitreous eye fluid from
Lisa's body confirmed that Lisa was severely dehydrated.
Your
Affiant is further aware from talking to Chief Medical Examiner Joan
Wood that she has concluded after viewing the body during autopsy,
reviewing autopsy photos, reviewing
subpoenaed records
kept by Lisa's
"caretakers" at the Ft. Harrison Hotel and consulting with forensic and
clinical experts that Lisa's dehydration was so severe that she would
have been symptomatic for days and virtually unresponsive for more than
24 hours prior to her death. Dr. Wood believes that the embolism
occurred as a result of the dehydration and Lisa's resulting lethargy
and immobility. Dr. Wood does not believe that sepsis (a condition
resulting from the presence of pathogens and their toxins in the blood)
was a significant factor in Lisa's death. Lisa's body weighed only 108
pounds at autopsy. Dr. Wood has further indicated that the dehydration
was so severe and life threatening that in itself it constituted great
bodily harm.
Your Affiant states that he has reviewed police
reports and transcripts relating to the initial investigation of Lisa
McPherson's death including the taped and transcribed interviews of
Alain Kartuzinski and Janice Johnson, both of whom were employees/paid
staff members of CSFSO. In these interviews, done in May of 1996, both
Kartuzinski and Johnson portrayed Lisa as simply a guest at the hotel
who was there to "rest." Janice Johnson's original statement to the
Clearwater Police detectives also indicated that "they" were not
attempting to treat her (Lisa McPherson's) mental or physical problems,
"that is not the point of Scientology, the church does not do that";
she
suggested that if they had felt Lisa had serious mental problems, they
would have taken her to the hospital to be evaluated, but because she
had been checked out at Morton Plant and found not to be a danger to
herself they'assumed she was all right, She said Lisa was just upset
but
was "with it." She also claimed that Lisa was taking an herbal
supplement on her own, that no one in the Medical Liaison Office would
make recommendations of that kind. Thus, the statements minimized the
severity of Lisa's mental illness, and omitted both their individual
and
the "Church's" involvement in Lisa being watched on a 24 hour basis,
being kept isolated from any other sources of medical or psychological
help, in not allowing Lisa to leave her room, and in medicating her
without her consent or appropriate medical intervention,
As the
investigation continued, however, and the cause of death became
publicly
known, your Affiant became aware of and reviewed records supplied under
subpoena by the Church of Scientology and was also present when
numerous
employees of CSFSO gave sworn testimony. Your Affiant, as a result,
became aware that Lisa had been severely psychotic by at least the
second day of her stay and continued to be psychotic until her death;
she was viewed by her caretakers as someone who was unable to care for
herself, talk coherently or make logical decisions; she was watched by
employees on a round-the-clock basis, was intentionally isolated by
employees who removed the phone from Lisa's room and avoided talking to
her or in her presence, never attempted to contact Lisa's next-of-kin,
repeatedly prevented Lisa from leaving the premises, and held Lisa down
for periods of as much as an hour because she became violent or
self-destructive. Your Affiant also learned that employees attempted to
treat Lisa's condition by inducing sleep and, in order to accomplish
this, medicated her without her consent and without appropriate medical
supervision or authorization. All CSFSO employees were represented by
counsel and had refused to give sworn testimony before the State
Attorney's Office until they were granted use immunity pursuant to
Chapter 914. Your Affiant states that he has reviewed records
subpoenaed
from CSFSO, and was present during the testimony of CSFSO employee and
custodian of records Glenn Steilo who indicated that the Ft. Harrison
Hotel is owned by CSFSO, and that all the caretakers, Medical Liaison
Office employees and Alain Kartuzinski, with the possible exception of
Sylvia DelaVega are staff members and paid employees of the
CSFSO.
Andrea Sprecher testified in your Affiant's presence that
she was approached by Alain Kartuzinski and told to assign Janice
Johnson (who was employed by the CSFSO in the Medical Liaison Office)
to
assist full-time to the task of taking care of Lisa McPherson. Your
Affiant further learned from numerous witnesses that other CSFSO
employees were organized on a schedule where caretakers watched her 24
hours a day. Most of these caretakers made
written reports
to Alain
Kartuzinski, Lisa's senior case supervisor, as to her condition. Your
Affiant, pursuant to subpoenas, obtained and reviewed many of the
documents and reports that were made by caretakers and delivered to
Alain Kartuzinski. A number of reports made by caretakers, including
any
and all records relating to Lisa's condition which were created during
the last 53 hours of her life, have been lost or
destroyed by the
"Church."
From the available records and from your Affiant's
presence during the sworn testimony of numerous "caretakers", your
Affiant learned that Lisa was described throughout her stay as
hyperactive, delusional, and hallucinating. She further tried to harm
herself and others early in the stay, struck caretakers, engaged in
self-destructive behavior, and had to be forcibly restrained on several
occasions to prevent injury to herself or other caretakers. After the
first week, she routinely urinated and defecated on herself and rarely
slept. She had conversations with people who were not there, claimed to
be people she was not, sang and danced around the room as if giving a
performance, crawled around on the floor, stood on the toilet, got in
the shower fully clothed, tried to walk out of the room in a state of
undress, and on at least one occasion drank her own urine. Your Affiant
learned from the testimony of caretakers and other employees that Lisa
McPherson was undergoing an isolation watch, in the hope that her
condition would improve and stabilize, so she could undergo a
Scientology procedure known as an
introspection rundown
. Your Affiant
further learned that Lisa was held down and medicated with an
irrigation
syringer held down during injections of magnesium chloride, given
numerous doses of vitamins and herbal sleep remedies and given
prescription drugs even though she was never seen by and had no
patient/doctor relationship with the prescribing physician.
Your
Affiant has found no indication that the caretakers in charge of Lisa's
welfare made any attempt to have her mental and physical condition
evaluated or treated by a physician at any time during her stay until
her arrival at Columbia HCA New Port Richey Hospital on December 5,
1995. Your Affiant did learn that Janice Johnson, David Houghton, and
Alain Kartuzinski had conversations with Dr. Minkoff in which they
related to him that Lisa was a "
type three
" meaning "psychotic" and
needed medication to help her sleep. Dr. Minkoff did, in fact, presribe
injectable Valium for Lisa under David Houghton's name on November 20,
1995 and issued a second prescription for the sedative chloral hydrate
on November 29, 1995 in Lisa's name. Dr. Minkoff had never seen or
talked to Lisa as a patient. Dr. Minkoff has testified that he was
never
told the details or severity of Lisa's mental condition and denies
prescribing or authorizing magnesium injections or the use of an
irrigating syringe to force medicate Lisa with aspirin and Benadryl.
Minkoff testified that doing these things without physician
authorization would in his opinion be practicing medicine.
Your
Affiant further learned from sworn, immunized testimony of the various
caretakers and other employees/staff members of CSFSO that several of
Lisa's caretakers had some medical training. Janice Johnson had been a
practicing, licensed anesthesiologist in Arizona specializing in
chronic
pain management. Your Affiant has reviewed her licensing file from that
state and determined that when she ran into disciplinary trouble in the
early 1990's, she surrendered her authority to prescribe controlled
substances and in 1994 let her medical license lapse. The Florida Board
of Medicine has confirmed to your Affiant that she has never been
licensed in this state nor has she applied for a Florida license. Laura
Arrunada, another of Lisa's caretakers from the Medical Liaison Office,
testified she had graduated medical school in Mexico but had never
practiced. Rita Boykin testified she had experience as a nursing
assistant. Testimony indicated that Janice Johnson had assumed a
supervisory role in caring for Lisa, visited her on numerous occasions
during her stay and issued treatment and medication orders to other
caretakers. Moreover,
the notes
reflect that Johnson was consulted by
other caretakers on care and treatment issues and was inappropriately
relied on by Dr. Minkoff.
In addition to the above-mentioned
testimony of Andrea Sprecher, Judy Goldsberry-Weber, a subordinate of
Johnson indicated that Johnson claimed to be in charge of Lisa's care.
Weber testified that Johnson was a deputy in the Medical Liaison Office
who was responsible for handling staff employees in their dealings with
health related professionals. Emma Schamerhorn was the deputy Medical
Liasion Office with parallel responsibilities over non-staff
parishioners. When Lisa was allowed to leave Morton Plant on Saturday,
November 18, 1995, Goldsberry-Weber, a subordinate of Johnson in the
CSFSO Medical Liasion Office, had promised Dr. Lovett (who she knew
from
prior dealings) that Lisa would receive necessary care. Weber testified
that she was initially told that Emma Schamerhorn would take care of
Lisa the first night. About two days into Lisa's stay, Weber asked
Johnson how Lisa was doing. Johnson told Weber to not ask any questions
about Lisa that Weber was no longer involved. Some days later, she
asked
Janice how Lisa was doing in case she ran into Dr. Lovett and he asked
about her. According to Weber, they wound up getting in a screaming
match after Janice said "you don't have to worry about him, I'm in
charge. Butt out."
Leslie Woodcraft testified that on November
23, 1995, around 12:00 midnight Janice Johnson was there when Leslie
Woodcraft arrived on her watch. She described Lisa as acting crazy at
which time she observed Janice Johnson give Lisa McPherson a small pill
that was supposed to calm her.
Patricia Stracener and Anna
Pendizini testified that on November 24, 1995 they were briefed by
Alain
Kartuzinski at around 10:30 p.m., at which time he told them about
Lisa's condition and that she had been medicated so that she would go
to
sleep. During this night of their watch, Lisa woke up and began
engaging
in bizarre behavior. They observed Lisa McPherson vomit up a dark
substance. They further indicated that Janice Johnson showed up later
for about a half-hour and checked out Lisa's mouth. She directed them
to
give Lisa vitamins and water.
Your Affiant learned from the
testimony of David Houghton that on November 25, 1995 he administered a
dose of Benadryl and aspirin concoction using an irrigating syringe
while others held Lisa McPherson down. Houghton testified he had
suggested the use of Benadryl (an antihistamine used in over the
counter
sleep aids) to induce sleep. Alain Kartuzinski forbid the use of the
Valium prescribed by Dr. Minkoff because he felt it might prevent the
use of further Scientology procedures on Lisa. He directed, after
checking Scientology references, that aspirin be included as it might
assist in blocking Lisa's formation of mental images. He indicates that
he successfully got her to swallow this mixture of Benadryl and aspirin
and he believes that he mentioned this to Janice Johnson. Further,
David
Houghton testified that he did not ask for consent from Lisa McPherson
or explain the procedure to Lisa McPherson because he did not believe
that she was capable of understanding. David Houghton further indicates
that he administered a second dose of aspirin and Benadryl mixture on
November 27, 1995. He indicates that Lisa McPherson was also restrained
on this occasion and that she looked sweaty and red in the face and was
talking non-sequiturs. On November 28, 1995 he administered a third and
final mixture of Benadryl and aspirin to Lisa McPherson again using an
irrigation syringe while others held onto her.
Your Affiant
states that Judy Goldsberry-Weber, who had years of nursing experience
in Oregon before coming to Clearwater, testified that she overheard
Houghton and others talk about Lisa being force medicated. She felt
this
could only be done with a doctors authorization and confronted Janice
Johnson about it. Johnson replied that she was in charge and to "butt
out". When Weber indicated she thought something was wrong, Johnson
said
it's not your concern. Weber indicated to Johnson that she had never
known Lisa to be violent and Janice responded "Well, you know psychotic
breaks."
Valerie Demange testified that on November 29, 1995, she
recalls Janice Johnson giving an injection to Lisa's buttocks. She
indicates that Janice Johnson told her it was magnesium in the shot and
it was to relax her muscles so she could get some sleep. She further
recalls Janice Johnson measuring Lisa's respiration after the shot.
During this time frame, Valerie Demange has indicated to your Affiant
that she recalls Janice Johnson had called someone who she claimed was
a
doctor, who Demange believes to have been Dr. Minkoff, for approval
prior to this intermuscular injection. Your Affiant has not located any
prescription for magnesium, and Dr. David Minkoff indicates that he
issued no such prescription to Lisa McPherson or anybody connected with
the Lisa McPherson watch.
Your Affiant has also reviewed the
notes of Rita Boykin, another of Lisa's "caretakers", which indicated
at
1:00 a.m. (apparently on Friday, December 1, 1995) Dr. Johnson just
visited and said it was not possible lor Lisa McPherson to have anymore
chloral hydrate. She further indicates that she needed to get four more
Valerian root (an herbal remedy, which is believed to induce sleep)
capsules into her and a quart of fluid.
Your Affiant has reviewed
a memorandum
in handwriting identified in sworn testimony as that of
Janice Johnson, dated on December 1, 1995, that indicates that Lisa was
given 2mg of MgCL2 IM (two milligrams of magnisim choloride [sic]
intramuscular) at 10:30 and two 500mg chloral hydrates. Janice Johnson
further notes that Lisa's respiration was between 18 and 24 and that
Lisa's extremities were cool but not cold. This note from Janice
Johnson
further directs that the "plan" is that Lisa needs two liters of fluid
within the next eight hours and when awake they should attempt to feed
her.
On December 2, 1995, Laura Arrunada, also a staff member in
the Medical Liaison Office, indicates to your Affiant that she gave
Lisa
chloral hydrate per Janice Johnson's instructions for Lisa McPherson to
sleep. Laura indicates this was because Lisa was too active.
Your
Affiant further learned from Rita Boykin, a caretaker, that she also
administered an intermuscular shot to Lisa McPherson on one occasion
bur
does not remember when and where in the "time stream" that this
happened. She further indicates that Lisa McPherson didn't know what
she
was being given or who approved it. Also, Rita Boykin testified that
she
did not know how the syringe and the bottle got there but assumed that
Lisa McPherson was getting it. According to a written request prepared
immediately after Lisa's death by CSFSO employee Marcus Quirino, Boykin
admitted giving magnesium shots to Lisa including the day of her death.
He also quotes Laura Arrunada as saying Lisa was given magnesium
injections on Saturday and that this continued over the following two
days.
Your Affiant states that the testimony of the caretakers is
conflicting as to Lisa's physical decline over the last five days of
her
life. Janice Johnson acknowledged in her taped statement that she had
noticed Lisa's health declining and that she had lost weight the Friday
before her death. The caretaker notes indicate that as of the following
day Lisa was too weak to stand; Heather Petzold's testimony confirms
that Lisa was too weak to walk on Saturday. While these same witnesses
have recently indicated that Lisa improved and regained some of her
strength, there is no documentation in the caretaker notes for Saturday
and Sunday that this occurred. The
previously mentioned report
of Marcus
Quirino quotes Petzold as saying Lisa had not been active for the last
three days and that on the day of her death, "most of the day Lisa was
in bed ... not moving, she was beathing." [sic] The testimony as to
Lisa's condition up until five p.m. is also contradictory with some
witnesses describing her as walking and talking and others describing
her as unresponsive with eyes fixed or unable to walk. At five p.m. her
condition was such that Laura went to notify Janice that something was
wrong.
Emma Schamerhorn testified that she talked with Janice
Johnson on either Monday evening, December 4th, or Tuesday, morning
December 5th, and Janice looked concerned and thought Lisa looked
septic. Janet Herring testified that she saw Janice Johnson on Tuesday,
December 5th, and talked to her about Lisa McPherson. Janice Johnson
told her that she was worried about
Lisa and that Lisa was doing
worse and she was going to take her to the hospital.
At the time
Johnson was leaving the Pt. Harrison Hotel to take Lisa to the
hospital,
Paul Greenwood helped to carry Lisa from the room to the car. He
described Lisa was breathing heavy with her eyes open, but saw no
voluntary movements made by her nor did she even acknowledge his
presence.
Dr. Minkoff testified that he received a call around
seven p.m., on December 5, 1995 from Johnson and possibly Alain
Kartuzinski concerning Lisa McPherson. Johnson reminded him that it was
the girl for whom he had issued the prescription. Janice said that Lisa
had an infection and complained of a sore throat, had had some diarrhea
and lost some weight. She requested he issue a prescription for
penicillin, which he refused to do insisting that a doctor see Lisa. He
directed her to take Lisa to the nearest hospital if she was very ill
(Morton Plant was only a few blocks from the Ft. Harrison) but Janice
indicated Lisa was not that sick and she would bring her to New Port
Richey. However, Lisa did not arrive at Columbia HCA New Port Richey
Hospital until two or three hours after Janice admitted seeing her
condition and almost four and a half hours after Laura Arrunada first
sought out Janice Johnson. Your Affiant states that this inexcusable
delay in seeking emergency help by calling for an ambulance or
transporting Lisa to a nearby hospital deprived Lisa of her only
opportunity for survival.
Church of Scientology Flag Service
Organization, Inc., headquarters is situated in Pinellas County,
Florida. The resident agent for the Church of Scientology Flag Service
Organization, Inc., is Attorney Robert Johnson at 100 North Tampa
Street, Suite 3500, Tampa, FL 33602 in Tampa, Hillsborough County,
Florida,
Your Affiant respectfully requests the issuance of a
summons for Practicing Medicine and Abuse/Neglect of a Disabled Adult
to
Church of Scientology Flag Service Organization, Inc., a Florida
Corporation.
The foregoing instrument was A. L.
Strope
acknowledged before me this Affiant
13th day of November,
1998
by A. L. Strope, who is
personally known to me or
has
produced as identification
and who did take an oath.
Notary Public
County Court or Circuit
Court
Criminal Division, Pinellas
County
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