11

Mr. Bernie McCabe
-11-
January 22, 1999
CONCLUSION
 
As you acknowledged at our meeting, this is not a typical case.
 
More importantly, you know that nobody in the Church of Scientology intended any harm. Prior to the indictment, I publicly stated my opinion that the
history in Clearwater showed that some people were waiting for something to occur so they could “get the Church” That death has disgracefully become a cause for celebration amongst anti-Scientologists supports that concern. Although you may not agree with all of this statement, you did confirm that your investigation had not found evidence of anybody intending harm to 
 
These are virtually the first charges ever brought against any church. One has to return to the last century to find that having occurred. Even in another high profile case conducted by your office concerning Reverend Lyons, your office chose to prosecute individuals and not the religious organization even though the individuals involved in the alleged fraud included the elected Chief Executive of the organization who was acting in behalf and for the benefit of the organization and the religious organization itself subsequently ratified Reverend Lyons’ acts and conduct.
 
It is critical to note that this Church has been attacked for the conduct of individuals who did not follow or forward Church policy. I do not understand anyone to say otherwise. Indeed, the alleged conduct violated Church policy which fully supports medical care and has long been opposed to housing psychotics on Church premises. The issuance of these charges contrasts sharply with what happens when a death occurs to an adherent of Christian Science or Jehovah’s Witnesses. Although those who practice those religions have had many instances of failing to enable medical care, neither church has ever been charged as we have. And in charging this Church, the Felony Information will affect every Church staff member not involved, every Church parishioner not involved and, ultimately, the religion itself. Can this really be said to forward the interests of justice?
 
As I have noted, I have met with the City on numerous occasions, both prior to and since the charges were filed. I know that feelings are mutual—this matter should be resolved. With the circumstances that exist, with the proposal I have made to resolve this case in a responsible manner, prosecution of the Church is not in the best interests of the City.
 
If the intent of this indictment was to smear the religion of Scientology and tarnish its reputation internationally and the State has determined that nothing short of that goal is acceptable, then I can understand moving forward with the prosecution.

11