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Scientologists fighting to keep files secret
By THOMAS C. TOBIN © St. Petersburg Times, published August 6, 1998 Scientology's strong belief that those records should remain private was at issue Wednesday in a hearing concerning the wrongful death lawsuit filed against the church by McPherson's family. Tampa lawyer Ken Dandar, hired by the family to represent McPherson's estate, says he needs to see the notes to prepare his case. "I need to be on equal footing with the Church of Scientology," Dandar said Wednesday after a Tampa judge agreed to consider the issue. "As it stands now, they know more about my client than I do." The suit, filed in early 1997, alleges the church is responsible for McPherson's death. McPherson died of a blood clot in her left lung in December 1995 after spending 17 days in the care of church staffers. She was 36. Scientology contends McPherson's records are strictly confidential and says its credibility would be "lost forever" with other parishioners if the records were released. Attorneys for the church argue Scientology counseling or "auditing" sessions often contain sensitive information about people other than the parishioner. They say Dandar has access to plenty of other evidence and that McPherson's files are irrelevant to how she died. They also say they have a new Florida law on their side -- the Religious Freedom Restoration Act of 1998. The act became law in June. It mandates that governments, including the courts, should not "substantially burden the free exercise of religion" without a compelling governmental interest. Scientology's attorneys argue that releasing McPherson's files would violate the church's "sacred religious belief" that the files remain confidential and that they be retained by the church for use in a parishioner's future lives. Scientologists believe that each person is a spirit or "thetan" that has lived many lives and will live many more. According to the church, Scientology auditing allows parishioners to confront demons or upsets that have inhibited them, both in their current and previous lifetimes. Dandar alleged after Wednesday's hearing that Scientology has destroyed the files of other parishioners to avoid their release in other legal cases. He also said that Scientology has used sensitive information in parishioner files to further its own ends, such as threatening members. The church denies those allegations. Dandar also argued that Scientology is too late in its attempt to use the the new Florida law. In March, Hillsborough County Circuit Judge James S. Moody Jr. ruled that McPherson's estate had the right to see her files. The church then appealed to the Second District Court of Appeal, which declined to review Moody's decision. Scientology's lawyers were preparing to take the issue to the U.S. Supreme Court when Florida legislators approved the Religious Freedom Restoration Act. The church is asking Moody to reconsider his March ruling. On Wednesday, Moody agreed to take the issue under advisement. After a two-year investigation by Clearwater police and the Florida Department of Law Enforcement, Pinellas-Pasco State Attorney Bernie McCabe is considering whether criminal charges are warranted in McPherson's death.
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AMPA -- For 13 years, Lisa McPherson took courses and counseling from the Church of Scientology, and all the while the church kept records of what she said.
