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
|
OCCUPIED CLEARWATER