sr-101860DATE:
TO:
FROM:
SUBJECT:
CITY OF SANTA MONICA
- T
October 'Lo, 1160
City Counc3.l
City Attorney
Synarron -Engrossed :~ta'cemerlt on. Appeal
-~
(/ /l4
4Y ~.. ~
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~~
Attached 1s a copy of the Engrossed State!ner,,t or! Appeal.
tin the case of the people v. Cynan.on Foundation, Inc.,
et al.
An engrossed statement on appeal is the statement of
the evidence adduced at the trial and is prepared after
conferer?,ce vr_~. th cour,.sel for both s:.des and the trial
,~ud~e, vaho 'thereafter cert _.f9_es tYae same to be a true
and correct statement of ~,vhat haX~per.~ed at the t.ri.al.
This is forvaarded. for your -rra:c"ormation in order that
you may be fully appraised as 'ro what transpired at
the tra_al of the case in the PTunic_~_pa7. Court.
B:EI?T G. COC',
ty Attorney
EGC;bk
Ati:achrner!t
`~i~
IN THE MUNICIPAL..COURT OF SANTA MONICA JUDICIAL DISTRICT
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
THE PEOPLE OF THE STATE OF CALIFORNIA,
Plaintiff and Respondent,
vso
SYNANON FOUNDATION, INC „ CHARLES Ee
DEDERICH, ADALINE AINLAY, JOHN P,
BARISOFF, and JESSE Wa PRATT
Defendants and .Appellants,
No, M 21756
Nom CR A4~52
ENGROSSED STATEMENT
ON APPEAL
APPEAL FROM THE MUNICIPAL COURT, COUNTY OF
LOS ANGELES
HONORABLE .HECTOR Pe BAIDA, Judge.,
Defendants have heretofore filed their Notice of
Appeal in the above entitled action with the Clerk of the above
entitled court on the 4th day of April., 1860,
The defendants hereby state their grounds of appeal in
the above entitled matter as followso
I
THE FACTS STATED IN THE COMPLAINT DO NOT CONSTITUTE
A PUBLIC OFFENSEe
II
THE EVIDENCE IS INSUFFICIENT TO SUPPORT THE JUDGMENT,
III
ERRORS OF THE TRIAL COURT IN ADMITTING EVIDENCE,
IV
ERRORS OF THE TRIAL COURT IN EXCLUDING EVIDENCE,
Io
v
THE TRIAL COURT ERRED IN DECISIONS ON QUESTIONS
OF LAW ARISING DURING THE COURSE OF TRIALo
VI
THE JUDGMENT IS CONTRARY TO LAW,
VII
THE JUDGMENT IS CONTRARY TO EVIDENCE,
Inasmuch as the oral proceedings were not transoribed
by a reporter, defendants submit the following statement on the
evidenoe,
By a Complaint filed by the City Attorney of the City
of Santa Monica on the 28th day of August, 19599 defendants and
one JOHN P, BARISOFF were accused of a violation of Section 5700
Welfare and Institutions Code of the State of California, in Count
I of said Complaint; of a violation of Section 1400 Health and
Safety Code of the State of California in Count II o£ said
Complaint; of a violation of Section 11391 of said Health and
Safety Code in Count III of said Complaint; of a violation of
Section 13112 of said Health and Safety Code in Courat IV of said
Complaint; and of the violation of Section 9105 of the Santa
Monioa Municipal Gode in Count V of said Complaint,
Defendants SYNANON FOUNDATIONS INCoS CHARLES E,
DEDERICH, ADALINE AINLAYs and. JESSE W, PRATT, were found guilty
o£ the oharges set forth in Counts III and V of-the Complaint, A
motion for new trial was made as to eaoh o£ said defendants, Said
motions were deniedo Thereafter the Court ordered each defendant
be placed on probation far a period o£ two years, It is from that
order that said defendants are. appealingo
The Peaple Respondent) introduoed into evidence a
written stipulations signed by bath parties, that the defendants
are unlicensed as regards licensors required by Counts I and II
of the Complainto During the tr°ial9 it was arally stipulated to by
2,
both parties that, as regards Count V of the Complaint, Section
9105 of the Santa Monica Municipal Code prohibits a building
being used as a Hospital or Sanitarium in an R-4 District, and,.
that the defendant°s place of business, 1351 Ocean Front, Santa
Monica, California, is 3n an R®4 District under the Santa Monica
Municipal Code,
The People dismissed the Complaint as to the defendant
Barisoff.
The defendant made a motion to dismiss Count IV of the
Complaint as he could not locate
California Administrative Code>"
made a motion to amend the Compl
"Title 17" to "Title lg," on the
Ultimately, the Court denied the
the amendment,
"Article g-A" within "Title 17,"
(.Emphasis added.). The People
~ nt by Interlineation, from
grounds of a typographical error,
People°s motion and did not permit
PEOPLE°S WITNESSES
T,
JOHN Po BARISOFF was called and sworn and testified
that he became associated with the Appellants in July, 1858, when
it was known as the °T,LoCa (Tender Loving Care) Club," He was
elected to the original Board of Directors when the T.LoCo Club
filed its Articles of Incorporation in Sacramento in September,
1g58, at which time Char°les Dederick and Adaline Ainlay, et al,
were also on the Board, and that Jesse Pratt was elected to the
Board shortly thereafter,. The Corporation was entitled "Synanon
Foundation, Incorporated," In addition to being a continuous
member of the Board of Directors, he (Barisoff) had the office of
Treasurer, and had intimate knowledge of the operations, policies,
practices, and procedures of Synanon Foundation. He testified
that he retained both positions when Synanon moved. to its present
address in August, 1959, and lived therein (1351 Ooean Front,
Santa Monica) until his voluntary resignation in September, 1g59~
~~
no one asked him to resign; nor did he ever attempt to seize
control of the organization; he resigned because of a disagreement
with the defendant Dederich, who had complete control of the Board
and all policy making; that Dederich was shaping the .policies and
procedures of Synanon away from the principles of "Alcoholics
Anonymous," upon which the T,D,C, Club and Synanon, at its start,
were founded, towards a psychiatric-oriented form of treatment;
that the systems used by Dederich, in Barisoff's opinion, were
causing great mental damage to the members and that more and more
Dederich was using Synanon to control people and to satisfy his
own ego, all at the expense of the Synanon members, as a result
of which ha, Barisoff, resigned,
Bar is off testified that ha was present and a pa.rticipa~t
when the named defendants discussed and implemented the system
used by Synanon in its handling of the narcotic addiction problem;
that Synanon was formed for the purpose of treating narcotic
addiction, and to engage in research into helping narcotic addicts
recover from their addiction; that during his fourteen months°
association with the organization, he would estimate he personally
saw more than two hundred persons roomed and boarded, treated and
cared for by Synanon for narcotic addiction; that of that number
about 75~ of them came into Synanon from off the street while under
the influence of narcotics or while in the beginning stages of
withdrawal from narcotics; that he had been convicted for possession
of narcotics, a felony, and had served a term of imprisonment in the
Federal Penitentiary therefor, and used to be addicted to narcotics,
bixt he has not used narcotics for over seven years; that he is well
acquainted with the symptoms of addiction and .readily recognizes
one who is under the influence of narcotics,
Barisoff testified as to Appellant°s procedure for treating
an addict, When a new addict came in off the street, he would appear
before the Board of Directors for an interview; he would be
4,
thoroughly questioned regarding his oriminal reoord, medical
record, and past sexual life; if the person were accepted, he
would begin to undergo withdrawal from narcotics; a sick®watch
was organized from other addicts or ex®addicts on the premises on
a twenty four-hours a day basis; that a member of the sick®watch
would be with the current group of patients undergoing withdrawal
around the clook, encouraging and bolstering up the group of
addicts attempting withdrawal; that during the course of with=
drawal which lasted Pram-'one to two weeks per individual, the
addict would be given hot baths. and;.~howers, egg®nogs,back®rubs,
and vitamin pills; that when a new addiot came into Synanon for
treatment he would be stripped bare, all clothing_~nd possessions
were searched; and the person himself would be thoroughly searched;
that a standard part of a personal search consisted of the searcher
inserting his finger in the patient°s reotal tract searching for
narcotics; that he, Barisoff, personally performed such examinations;
that after Synanon moved to its present looation, the old National
-.Guard Armnry, 151 Ocean Front, Santa Monica., he, Barisoff, also
moved thereto, spent about one month in the new. building before
resigning, and that the systems and procedures used by Synanon
remained the same after-moving as before moving; that in the one
month spent in the Armory Building he saw approximately twenty new
narcotic addicts Dome into the Foundation for purposes of underm
going withdrawal; that the Armory Building wherein Appellants
are now located is used as follows;
Basements Showers, lockers, storage and Steam Baths
Street Floors Girls° dormitory, television (T,V,) rood,
and reception desk
Second Floaro Living room, kitohen, dining room and
- - library.
Third Flooro Men°s dormitory and toilets
Barisoff testified that°'Synanon Meetings" were an integral
part of Appellant°s course of treatment; that after the addict had
50
completed undergoing withflrawal, about six to ten of them would
form into a group led by a "Synanist;" that the "Synanist" acted
as group leader and. would himself generally be a recovering addict,
usually a few weeks removed from kis own witkdrawal; such meetings
were referred to as "therapy meetings" where the group would be
encouraged to talk; each member of the meeting would be told to
delve back into his childhood as far as he or she could. remember and
to recall incidents and experiences, disturbing or otherwise; the
"Synanist" and other members of the group would question the relating
member; the more irritating these questions were to the member, than
the more questions that would tae asked; they were told to discuss
anything remembered when 15 years old ®~then l~ years old®mthen 8
years old~mthen 5 years old®m and earlier if they could recall; that
during a typical Synanon Meeting, the following terms, among others,
would be used by the "Synanist" and group members between themselves
and to describe the relating member°s mental side; Negative
transference, Oedipus complex, Electra complex, Emotionally immature,
Projecting; Identifying, 1-gostlity, etco; that during Synanon
Meetings, ke, Barisoff, would see some members become hysterical and
run from the room crying; that defendants Dederick, Ainlay and Pratt
were personally heard by Barisoff using such language to treat the
recovering addicto
Barisoff testified that the "Piaircut" was a regular form
of punishment appl.i,ed to any member who, in tkae opinion of the Board,
was not abiding by the established rules of the Organization, and
such member would be called before the Board, at any time of the day
or night, and would be ..°~riticized and ridiculed; tkat Dederick would
be heard to says "This is an insane asylumo" "They are the sick ones
and we are tke well ones " "This is a sanitariume°
Barisoff testified that sex and sexual relations were a
regu]:ar part of Appe]..lant°s treatment for narcotic addiction; that
recovering addicts were asked if they had any. mental sex blocks;
60
that part of Appellant°s treatment in keeping a recovering
addict°s mind off narcotics was to suggest to the person that he
try to force himself to have sexual relations; that male members
would be asked what they thought of a named female member wh9 her®
self was a recovering addict, and why didn°t he ask her to go to bed
with himo
Barisoff testified that he personally knew of a married
couple, both narcotic addicts, who eame to Appellant°s premises for
treatment in undergoing withdrawal; that they, as well as any other
married couples who eame to the Foundation, would be ordered to
separatemmthe husband was assigned to the male dormitory and the
wife would be assigned to the female 'dormitory; that such husband
and wife members could not sexually copulate between-themselves or
with others unless they received permission from a member of the
Board of Directors; that in some cases a married couple would be
permitted the right to copulate and in other cases, for various
reasons relating to their progress in withdrawal from narcotics, a
married couple would be refused permission to engage in sexual interm
course; that before any member, married or unmarried, could copulate
with a member of the opposite sex, he or she would have to receive
permission from a member of the Board; that meetings of the Board df
Directors would be devoted to what persons or° couples could or oould
not have permission to copulate; that the only single place in the
entire building at 1351 Ocean Front were sexual relations were per®
muted was in the "ToVo ~televisi,on) Room;" that the "ToV, Room"
was approximately twelve feet by fifteen feet; that it contained a
couch, draperies, carpet, kingmsi~ed bed, and a television set; that
the television set had no tubes or other works in it whatsoever;that
the "ToVo Roam" was kept mush eocupied, particularly in the evenings;
that a couple given permission to use the "ToVoRoom" would have a
time limitation of two hours for use of the room; that persons who
refrained from sexual. relations were given a "Haircut" by the Board
of Directors and would be told that their reason for not asking a
7=
suggested member of the opposite sex for sexual intercourse was
because the suggested member reminded them of their mother or
father, as the case may be; that he, Barisoff, of his own knowled~
heard .defendant Dederick and Ainlay ask the members to ca11 them
"Mom" and "Dad" and heard said. defendants refer to the members as
the 11patients" and the "ohildreno"
The People introduced into evidence a certified copy of
Appellant Corporation°s Articles of Incorporation as People°s
Exhibit Number one, without any objection from Appellant,
The People then produced a brochure and it was marked as
People°s Exhibit Number Two for identification,
Barisoff testified that he read People°s Number two for
identification; that he was present when defendant Dederick dictated
it; that he heard Dederick state that Peop12°s Number Two for identi-
fication was his attempt to sum up. in writing the aims, purposes
and philosophy of Synanon Foundation, Inoorporated; that Dederick
had copies duplicated for hand distribution and by mail in response
to letter inquiries; that he, Barisoff, as a member of the Board of
Directors, knew that the Board sanctioned the brochure as a state®
meet of philosophy for Synanon, as did he himself agree that the
brochure was an aocurate statement of the purpose and funotion of
Synanon; over defendant°s objeotion, the brochure was reoeived intp
evidence as People°s Exhibit Number Twoe
I1
ROBERT ARCAND was called and sworn and testified that
he was a member of Synanon from approximately May, 1859, until
October 10, 1959; where he first went to Synanon, it was looated at
2801 Promenade, Ocean Park; the building was a converted store,
the men sleeping. in the back with the women members having an
apartment near the back of the store; there were about thirty
members at the time he joined; food was
8,
prepared in a central kitchen in the store a~ad members ate all
three meals therein; he had been addicted to herion, morphine, and
pills for about six months; he received a copy of a brochure similar
to People°s Exhibit Number Two and decided to go to Synanon to rid
himself of the narcotic habit; when he arrived, the Board of
Directors consisted of Dederich, Ainlay, Barisoff, and Pratt; he
arrived at Synanon under the influence of narcotics, and underwent
withdrawal therein; he was given rub®downs, eggnogs and was en-
couraged to kick the habit; members on Sick Watch were with him
twenty-four hours a day; Pais period of withdrawal lasted about two
weeks; during that two week period there were two other people, a
man and a woman, also in the same room as himself, also undergoing
withdrawal, and none of the three were allowed to talk among them
'selves; that when he first applied for admission he was interview~l
by the Board of Directors; he was then made to strip down completely,
his clothing was searckaed for narcotics; that he, Arcand, had had
eleven years° experience using narcotics and is we11 acquainted with
the symptoms of addiction; that during his stay at Synanon he saw
many persons that were under the influence of narcotics; that
members were regularly examined by other members for needle marks
on the neck and arms; one°s eyes were also examined for constrict son
of pupils and Yae personally was so examined and saw other people so
examined; that after completing withdrawal he was assigned to "Side
Watch" helping otrber addicts just in off the street through their
own withdrawal; he was also assigned to a "Synanon Meeting Group"
for group therapy; several other persons who recently completed
withdrawal were assigned to the same group, and a Synanist headed
the group; during such therapy sessions he personally was told by
the named defendants, as we11 as the Synanist, thato He was
"projecting"; had a tat of "hostility" was a "latent Homosexual"
that his "sex drive was off"; he had "sex blocks"; that he had an
"Oedipus complex11 and a "Transference with some girl you think is
9=
your mother"; and that his "rigid upbringing" made him "afraid
of sex"; that he should "prepare and condition himself for his
first act of intercourse since completing withdrawal by guarding
against "premature eJaculation",
Aroand testified that shortly after the Foundation moved
to its present location, he met a female member he wanted to have
intercourse with; he spoke to the girl and she consented; that under
the rules existing at Synanon he had to secure permission from the
Board of Directors in order to have the relations; that he and the
girl went to the defendant Ainlay, told her of their desire, and she,
Ainlay, asked if they both were sure they were ready; they answer~l
they were; Ainlay stated she wanted to think it over for a day; t1~
next day, he, Arcand was alone called to the office; that defendants
Ainlay, Dederick, and Pratt wer°e there; they asked him if he wanted.
to "make it" with the girl; he answered that he did; they told him
they had decided to give their permission for him to copulate with
the girl named; he was warned to guard against premature e~aoulation,
he was told he could take the girl to the ToVa Room and had a two®
hour time limit therein; that he took the girl to the TaV, Room which
oontained some furniture, a bed, and a television set that didn°t
work; that after two hours passed, a receptionist told him the two
hours. were up and to leave the television roomo
Arcand testified that if anyone did anything the Board
didn°t like, they would be called into the office for a 11Haircut";
he had two or three "Hairouts°, during one of which a member of the
Board told him he had a lot of hostility towards the female members
of the Foundations
Arcand testified that every Wednesday or Thursday night
there would be "Oedipus Meetings"; these were for men only and
about fifteen to twenty men would be there; John Barisoff was in
charge; the members discussed the Oedipus complex®things that
happened to one as an infant ~ why you°ve never grown up; passages
from books pertaining to the Oedipus complex were read at the
Oedipus Meetings;
l00
that he, Arcand, had been told by members of the Board at least a
half dozen times that he had an Oedipus complex and that he should
try to figure out why he had such a complex and to always be aware
of it; that sucka meetings then moved to each member relating his
earliest childhood experience, and they were told they should
"identify"; that upon leaving Synanon he left in a much worse mental
condition than when he entered; that defendants Dederick and Ainlay
were called "loom" and "Dad", and they, in turn, referred to him aeri
other members as "the kids" or "the children"; that he saw mimeo-
graphed copies of People°s Exhibit Number Two in the Synanon premises
and that they were handed out to people,
Arcand testified that during the time he was undergoing with-
drawal, he felt he could not continue on any longer without narcotics;
that in mid_withdrawal he got up and began to leave the premises when
a member of the "Sick Watch" encouraged him to remain; that at no
time did a member of the "Sick Watch", or any other person at Syna-
non attempt to restz°ain him from -leaving the premises; that he was
told that he could freely and voluntarily leave the premises at any
time during or after withdrawal, but that if he left without per-
mission, he would never be permitted to return; that after thinking
it over, he decided not to leave the premises and did remain therein,
On cross-examination Arcand stated that the Oedipus
Meetings ended about one month before he left Synanon,
lIl
THELMA NEVILLE was called and was sworn and testified that
she first became associated with the T.L.C, Club (Appellant
Corporation°s unincorporated predecessor~in®interest} in its early
formative stages in ~Tuly, 2958; that the T,L,C, Club was founded on
the principles of Alcoholics Anonymous to help alcoholics; that she
first met the defendant Dedericka, an ex®alooholic, at an Alcoholics
Anonymous meeting; tkaat-gradually narcotic addicts began to drift
into the T.L,C, Club; that narcotic addicts were handled the
11.
same as alcoholics thraugh Alcoholics Anonymous principles; that
T,L,C> Club rented a store at 2801 Promenade Ocean Park, in July,
1958s that more and more narcotic addicts came to the club; that
the early meetings at TaL,C, Club divided its members into groups
for "group therapy"; the group members were told to go as far back
in childhood as possible and recall traumatic incidents; family life,
parents, family environment; each member was palled upon to bring
all these repressed feelings out into the open for the rest of the
group to discuss and identify with; that defendant Dederick was often
the moderator; that during such group therapy meetings Dederick wQUld
use the techniques of shook and ridicule and members would react
differently®®some by anger, some by crying; that Dederick referred
to the members as "patients"; that upon TeL,Ce Cluba,s incorporating
into "Synanon Foundation, Incorporated" in September, 1958, she,
Thelma Neville, became a corporate officer, namely, Secretary to the
Corporation, as well as personal secretary to Dederick, the Chairman
of the Board; that in those capacities, she-was acquainted with the
philosophy, purpose and methods of Synanon°s operation; that she
was present at almost all of the meetings of the Board of Directors;
that she acted under the direction and order of the Board of
Directors which included tke defendants Dederick, Ainlay, and Pratt,
et-al; that the Board of Directors, and particularly its Chairman,
Dederick, formed Synanon°s methods for handling the addicts attracted
to .its premises; that she anted within the scope of the rules and
regulations promulgated by the Board; that she was never addicted to
drugs or narcotics and was never an alcoholic, but believed that
Synanon held hope for addicts; that shortly after incorporating,
Dederick completely disassociated Synanon from Alcoholics Anonymous
and its principles; that about fifty to sixty persons belonged to
the organization at tkis time; that the alcoholic members left and
the narcotic addict members remained; that, as time progressed, on
the average of ten new members per week would loin Synanon; that the
12,
new members were nearly always under the influence of narcotics
upon arrival9 that male members were.~made to move into the dormitory
and had to quit their fobs if employed; that members were forbidden
to leave the Synanon building exoept in groups of four and five; that
members were forbidden to make or receive telephone Balls without
permission from a member of the Board of Directors; that new addicts
were kept segregated from other resident addicts that all officers
and Board members attended a daily 10000 A,M, meeting to discuss.
the day°s business and work assignments; that if a member did not
follow the rules and regulations, he was punished by a "Haircut"o
Neville testified that all members were required to attend
daily afternoon meetings where leaders read from psyohiatric books
to the group; that four®hour watches or shifts existed throughout
the twenty four hear day; that the watch personnel kept track of
those leaving the building for walks; that no one could leave except
in groups of four and fine; and then only for thirty minutes and.
no longer that such "watches" were divided into the "sick watch"
and the "door watch"9 the current group of persons undergoing
withdrawal were all made tc stay in the living room; that a person
undergoing withdrawal was given back rubs, eggnogs, and hot baths,
and showers9 that new members, before being admitted, were made to
strip down completely in a search for narcotics; that their clothing,
even the hemlines, were searched; that she, Neville, personally
performed internal searches of female members<
Neville testified that Dederich had a favorite medical
philosophy consisting of the belief that aloohalics and narcotic
addicts are "medical cases for ninety days" and their minds are
affected to the point of insanity for ninety days; that Dederich
often said, in the presence of herself and other members that,
"The greatest emotional outlet for mental health is sex®~this is a
place of mental health;" that Dederich told members, "You are
mixed up and confused because your parents were rigid in your sex
130
training in that they made sex a bad thing ahd as a result, you
developed sex blocks; that Dederich encouraged members to have an
affair or any number of affairs as this would release emotional
tensions and the person would become less tense and rigid; that
married couples were ordered separated; that Synanon formed the
policy of a boy or girl member being required to ask Defendant
Ainlay for permission to engage in an act--af sexual intercourse;
that she gave or refused permission as she saw fit; that a couple
granted permission would be limited to two hours; that married
couples would similarly so be required to reoeive permission from
Defendant Ainlayo
Neville testified that she recognized People's Exhibit Number
Two; that defendant Dederich dictated it to herand she transcribed
his dictation i.n shorthand into her shorthand notebook; that she
examined People°s Exhibit Number Two before trial and it is identical
to the dictation contained in her shorthand notebook; that Dederich°s
stated purpose in dictating the brochure was to reduce to writing
the aims, purposes and methods that formed the Synanon method of
treatment to cure narcotic addicts from their addictions
Neville testified that group therapy or "Synanon Meetings"
were an integral part of Synanon's system; that such meetings
would consist of about ten recovering addicts, led by a Synanist
who might himself have been in Synanon only three weeks sinoe coming
into the group from the street under the influence of narcotics;
that Dederich claimed to be a "father figure"; that Ainlay
claimed to be a "mother figure"; that Synanon had a policy
of forbidding its members from getting jobs, as a job, in Dederich°s
language, "would interfere with your progress toward mental health";
that members were forbidden to rent their own apartments and were
required to live in the premises; that she, Neville, once informed
Dederich that some members were "shooting dope" and that Dederich
responded with, "let them die; I need stati.sties--just let the
14e
reporters spell my name right;" that the Board of Directors of
Synanon, in June, 19599 consisted of Charles Dederioh, Adaline
Ainlay, John Barisoff and Jesse Pratt,
Neville testified that she disagreed with the methods
used by Dederioh and Synanon; that she attempted to have Synanon
return to the principles used by the Alcoholics Anonymous organizam
tion, but without success; that she resigned from her office of
Secretary on June 20, 1958, or some two months before Synanon
moved into its present location in the Armory Building at 1351
Ocean Front;
Neville testified on cross examination that she had never
been on the premises at 1351 Ocean Front; had never visited Synanon
after her resignation on June 20, 1959; was not a resident, on
August 28, 1959, the date of filing the Complaint; that she was
not acquainted with any of the policies or procedures of Synanon
after her resignations
The Defense objected to any testimony of Witness Neville
on the grounds she was without knowledge of Appellant°s aotivities
on the date the Complaint was filed,_namely, on August 28, 1959
the Trial Judge overruled the objection and permitted the testimony
in on the grounds that Count I, lI and III of the Complaint relate
to activities and follow Appellant°-s wherever they go so long as
such activities are unchanged, and do not rest upon his use of any
particular building as a building, and for the additional grounds
that the Complaint, although filed on August, 19599 actually
alleged the. offenses as having been committed "on or about August
26, 1959,,," and that by their very nature, such alleged illegal
activities are continuing offenses; thereupon, the Court permitted
such testimony to come in to go to the proof of Appellant°s
activities up until June 20, 1959, the date of resignation by the
witness from. Synanon,
15,
JERCME M, KUMMER was called and sworn and testified that
he is a licensed California medical doctor, specializing in
psychiatry; that he received his BeAe degree at Wesleyan University,
his MDDe degree at New York Medical College, his internship at the
UeSo Marine Hospital, and then spent two years in the UoS, Army as
a psychiatrist; thereupon he spent a two year residency with the
Veterans Administration where he had much experience treating
narcotic addiction; thereupon he opened a private office in Santa
Mo-nica as a psychiatrist and has been so employed for the past eleven
years; he then indicated numerous professional attainments in
psychiatric circles, naming diplomates he holds, committees of
medical associations he heads and belongs to, hospital staffs upon
which he is a consultant, including Camarillo State Hospital; that
he is a member of the Faculty, Department of Psychiatry, UoC,LoA,
a F'e11ow of the American Psychiatrists' Association, First President
of the Southern California Association of Psychiatrists; named
articles he has written and professional journals to which he has
contributed articles.
The Defense thereupon indicated the witness need give no
further qualifications and stipulated that Dr, Kummer was duly
qualified as an expert witness for the testimony sought to be
elicited from him by the People,
Dr, Kummer testified that;
1) Psychiatry is the branch of medicine that specializes
in narcotics addiction;
.2) Narcotic; addiction is a psychiatric medical problem,
as opposed to a physical medical problem;
3) Narcotic addicts are 11mentally ill" and suffer from a
"human illness";
4) Medical science treats an addict for addiction as followso
16e
a) Supportive physical therapy;
b) Supportive psychological therapy;
c) Gradual withdrawal from narcotics, and/or substitution from
narcotics to other non-narcotic drugs;
4-a) Supportive physical therapy is the first step in
treating an addict for addiction because one who has a current case
of addiction is generally in poor physical health due to bad eating
habits; also, an addict's income may go to buy narcotics instead of
food; also, the treatment for addiction places a severe stress on
body resources as one undergoes withdrawal; and that withdrawal
could result in severe or permanent illness, even in death in
severe cases;
~-b) Supportive psychological therapy is the second step
in treating an addict for addiction because it is essential to keep
the patient reassured and encpuraged and free of psychological stress;
4-0) Graducal withdrawal from narcotics, and/or substitution
from narcotics to other non-narcotic drugs is the third step in
treating an addict for addiction, as this is the standard method
used by medical science for safety~s sake, although there are other
non-medically approved methods for this third phase of the treatment;
5o He was present in Court since the above-entitled case was
called and heard all the direct and cross-examination testimony
thus far adduced from the People°s witnesses;
6, That assuming all the evidenoe thus far adduced was true
as concerns the activities carried on by Synanon Foundation, Inco,
he would be able to form an opinion as to whether or not such activi-
ties constitute the medical treatment of narcotic addicts for addictiol;
7) That in his opinion, Synanon Foundation, Ince, has
medically treated narcotic addicts for addiction;
8) That with reference to the standard medically accepted
method of treating narcotic addicts for addiction (i,e „ supportive
17,
physical therapy, supportive psychological therapy, and gradual
withdrawal and/or substitution)., Synanon Foundation, Inc, has
treated narcotic addicts for addiction as follows
8-a) Supportive physical -- by the eggnogs and vitamin
pills given the members;
8-b) Supportive psychological ®® by the around the clock
"sick-watch" that is always present, encauraging the addict to
continue on with the withdrawal;
8-c) Gradual withdrawal and/or substitution--presently,
it appears Synanon does not use this third phase of the standard
treatment; instead, Synanon uses the "Cold Turkey" method of
complete and sudden removal from any and all narcotics and drugs;
g) That Synanon is treating addicts for addiction in a
medically approved manner as to the first two phases of its treatment
(i,e „ supportive physical and supportive psychological); but Synanon
is not treating addicts for addiction in a medically approved manner
as to the third phase of its treatment (ioe „ use of the "Cold
Turkey" method instead of gradual withdrawal and/or substitution);
that some schoohs o£ medicine do advocate the 11Cold Turkey" method,
but this is not the generally approved method and that, in faot,
there exists a great likelihood of permanent injury or death by use
of the 11Cold Turkey" method;
10} That there is medical danger i.n the method of treating
addicts for addiction used by Synanon;
11) That he, Dr, Kummer, had read People°s Exhibit Number Tuo
prior to trial; that, assuming an Organization exists which actually
follows in practice tkaat which is contained in said Exhibit, then
there are many similarities between the manner in which that
Organization treats addicts for addiction and the manner in which
he, as a psychiatrist treats addicts for addiction; that the only
dissimilarities in method a.re that psychiatry uses the principles
of love and understanding and not those of shock and ridicule; and,
l80 .
by the use of a "Synanist", such an organization is based on the
method of "the blind leading the blind" contrary to a trained,
professionally educated medical doctor, as used. in institutions
licensed to treat addiction; also, that medical science would never
treat an addict for addiction particularly by the "Cold Turkey"
method of withdrawal, except in a place of maximum restraint since
a withdrawing narcotic addict°s craving for narcotics is so great
that he must at all time be physically restrained, whereas the
organization described in People's Exhibit Number two and the
testimony thus far adduced would indicate an addict could at any
time during withdrawal, simply walk out of the organization°s
premises in mid-withdrawal and walk the streets to search for a
supply of narcotics. Dr, Kummer further testified that he had never
been on the premises of the Defendant Corporation;
Over objection by Defendant that People's Exhibit 2 for
identification was incompetent; irrelevant and immaterial inasmuch
as it was not a statement of the policies of the Defendant Corpor-
anon, the trial Judge admitted the said exhibit in evidence,
Thereupon the People rested.
DEFENSE WITNESSES
I
BERNARD w, CASSEd~MAN was called by the Defense, and sworn
and testified that he graduated from a medical school in Peru,
South America in 18569 that he received a medical doctor's license
from California on July 1~, 1959 that he considers himself a
specialist in "medical ethnology41, which is the study of the medical
aspects of human raoes; that he considers himself a specialist in
narcotic addiction because he spent time in Peru, South America,
where cocaine is grown, and for the further reason he has observed
the Nalline test given, but is not himself certified to give such
test,
1g,
Dr, Casselman testified that he was the "Family Physician"
for Synanon since August, 1959; that. he had spent considerable time
in Appellant°s premises observing its activities; that in his
opinion, Appellant°s were not operating a hospital or sanitarium
and were not treating addiction within the medical definition of the
wordo
On cross-examination Dr, Casselman testified that he
appeared at the trial without being subpoenaed, and that he was re-
ceiving no expert witness fee whatsoever; that he heard the testimony
of Dr, Kummer, but disagreed with him on two grounds; First, that in
his, Dr. Casselman°s opinion, there is no standard method of treating
narcotic addicts for addiction, and second, that in his, Dr. Casselman°''°s
opinion, the "Cold Turkey" method of complete and sudden withdrawal
from all narcotics, as used by Synanon, is a medically accepted and
approved method of treating narcotic addicts for addiction; also,
that in his opinion, not only is the "Cold Turkey" method medically
accepted, it is medically preferred by most authorities in the
field of narcotic addiction treatment,
Dr, Casselman testified on cross-examination that he is an
"authority figure" at Synanon; that defendant Dederick is a "father
figure" at Synanon; that he, Dr. Casselman, had once been given a
"Haircut" by the Board of Directors of Synanon as punishment for
having brought his dog into the premises; that he does not live at
Synanon; that he does not practice out of his own or anyone else°s
private office; that he has never himself used narcotics except on
one occasion during recuperation from an operation; that he is not
now or never has been addicted to narcotics; has never treated a
broken bone or fraoture among Synanon members; has never performed
any operations, minor or otherwise, on Synanon members; has treated
several cases of virus of the Asian Flu: type; refused to answer
whether he ever treated any other forms of disease at Synanon°s
plane of business because of the patient-doctor privilege; that he
spends as much as eight hours per day at Synanon; that of the eight
200
hours, perhaps one and one-half hours might be spent treating
patients and the remainder he would spend socializing.
Dr. Casselman testified on cross examination that as a
narcotics addiction expert, he is acquainted with the symtoms of
addiction; that during his six months° association with Synanon,
in his educated guess, he saw from fifty to one hundred-fifty persons
under the influence of narcotics come into Synanon's building at
1351 Ocean Front, Santa Monica, for purpose oftndergoing withdrawal
from narcotics; that he, Dr, Casselman, personally brought boxes of
rubber gloves to Synanon so that members could use them while
dilating the rectal tract of other members in a search for narcotics;
that he has seen such internal examinations performed at Synanon,
but never himself performed such an examination at Synanon; that he
personally brought boxes of vitamin pills into Synanon for the
patients to take; that Synanon patients undergoing withdrawal were
given eggnogs and backrubs in addition to the vitamin pills.
II
CHARLES FELDMAN was called and sworn and testified for
the Defense that he is employed by the Department of Public Health
and as such, represents the. State Bureau of Hospitals; that he has
been so employed for the past four years; that his work consists
of inspecting hospitals as defined in Section 140 of the Health
and Safety Code; that he is qualified as an expert witness
to inspect and decide what are hospitals; that a few weeks after
Synanon Foundation, Inc> moved to 1351 Ocean Front, Santa Monica,
in September, lg5g, he had occasion to inspect said buildings; that
in his opinion, the building was not a hospital within the meaning
of the Health and Safety Code of the State of California.
Feldman testified on cross-examination that when he inspected
Appellant°s place of business in September, lg5g, he was taken
on a tour of the building by defendants Dederich,Ainlay and Pratt,
and that said defendants described Synanon's mode of operation to
21.
him;, that he, Feldman, formed his opinion that Synanon was not
operating a hospital largely from what said defendants told him;
that said-defendants told him that the residents therein do not come
to Synanon while under the influence of narcotics; that said
residents are all ex-addicts who only Dome to Synanon for room and
board; that no one ever told him the Synanon Building is used by
persons as a place to Dome to undergo withdrawal from narcotics;
that said defendants told him the building is only used by ex-addicts
as a place to have discussion groups; that his inspection lasted only
about. one to one and one-half hours; that said inspection was during
the day; that he never made any further investigations, particularly
no evening inspections;
Feldman testified on cross-examination that he uses Section
1401 of the Health and Safety Code to decide if an institution is a
hospital; that he was aware that Section 1401 of the Health and
Safety Code defines a hospital as a ",oplace,.,whioh maintains and
operates „organized facilities for one or more persons for then„
care and treatment of human illnesseoeto which persons may be ad-
mined for overnight stay or longer"; that in his opinion, Synanon
did havee a) Organized facilities, b) for one or more persons,
c) .for the Dare and treatment, d} of human illness, e) to which
persons may be admitted for overnight stay or longer,
Feldman testified on cross-examination that Section 1415
(e) of the Health and Safety Code specifically excludes from the
jurisdiction of his Department --the Department of Public Health--
places for the reception and care of the "insane, alleged insane,
mentally i11, mentally deficient, or other incompetent personseee";
that in his opinion, Synanon was operating a place for the mentally
ill and was therefore outside the jurisdiction of his Department;
that although his Department could not regulate such a place, he
felt Synanon should be regulated and licensed by someone,
WHEREUPON, the Defense rested, the People offered no
22a
rebuttal, both sides stipulating that the Cause would stand as
submittede The Court took the matter under submission until
further noticee
Thereafter, the cause was called for purpose of
Substitution. of Attorneys, which was granted; thereupon, substitutedm
i~®counsel moved to reopen the case, whieh was granted, and the
following witnesses were called by the Defense,
III
CHARLES E, DEDERICH the Defendant, sworn as a witness testi-
fled in his own behalf substantially as followsg That he was the
Chairman of the Board of Directors of the Defendant Corporation and
had been so since the time of its inception as a corporate entity;
that the Defendant Corporation was a NondProfit California
Corporation organized in an effort toseek out and effect a possible
solution to the problem of Narcotic Addiction which heretofore had
been considered by all experts in the field to be insoluble; that by
the very nature of its purpose the policies and activities carried on
by the Defendant Corporation must needs be flexible and formulated by
a method of trial and error; that in general the Defendant Corporation
provided an .environment wherein ex~addicts could read literature on
Psychology, Philosophy, Religion, Sociology, and kindred subjects and
discuss their problems with othermex®addicts in the light of what
they Paid learned by their studies, Dederick further testified that
no resident of the Defendant Corporation was permitted to use alcohol
or narcotics, The Defendant Dederick identified the so-called
brochure (People°s Exhibit Number Two in evidence) as a paper whieh
he had prepared to read before a meeting of the California State
Adult Authority Parole Officers at the special instance and request
of a Parole Supervisor, that in it he had used a few common psycho®
logical,sociologioal and religious terms known to the average educated
layman but that this so~called brochure was not to be construed as a
perscription or course of treatment for the cure of addiction
230
inasmuch as it was merely a statement of what seemed to be evolving
within the Defendant Corporation at the time he delivered the paper
which was approximately a year previous; that the so®called
brochure was in no wise a prospectus of the aims and purposes of the
Corporation; that.-~he was not a psychologist nor did he consider
himself an expert on the problem of drug addiction; that he was
merely a layman attempting to do something about what is generally
considered to be the most serious problem confronting our society
today; Defendant Dederioh further testified that no member of the
Board of Directors of the Defendant Corporation had ever received
any remuneration for their services, that as a matter of fact one
of the Defendants, the Defendant Adaline Ainlay, had expended many
thousands of dollars of her own monies to support the Defendant
Corporation; Dederioh further testified that no medication of any
kind whatsoever had been administered under his directiono
Dederick testified on cross examination that Synanon
generally houses fifty members at any one time who live, eat and
sleep in the premises; that such persons generally have a history of
narcotic addiction; that Synanon is a family structure where people
in trouble come to see us; that the premises contain a T,Vo Room;
that the T<Vo Room oontains a television set without any tubes or
works; that the ToVo Room is used for private meetings, and could
be used by members as a plaoe for sexual intercourse activities,
but he has no knowledge if such activities occur therein; that
payments received from inmates are in exchange for everything we
furnish; that he has no knowledge of any sexual activities occurring
within the Synanon Building; that Synanon has no connection with
Alcoholics Anonymous; that Synanon°s methods differ from the methods
employed by Alcoholios Anonymous; that the Board of Directors
take a case history from each new admittee; that the members are
encouraged to discuss their experiences from earliest childhood
forward; that he, Dederick, is an ex~alcohal.ico
X40
IV
ADALINE AINLAY was called, was sworn and testified on her
own behalf that she is a member of the Board of Directors of Synanon
Foundation, Ince, and has been since incorporation; that she has
never administered any narcoticse
Ainlay testified on cross examination that at Synanon we
deal with the basic facts of life; that she herself had been
psychoanalyzed and that some of the methods used by the psychiatrist
upon herself had been incorporated by her into her dealings with
Synanon members; that she has recommended Synanon members against
indulging in sexual. activities as such activity has a harmful effect
on drug addicts; that she, Ainlay, had been committed to Camarillo
State Hospital on one occasion; that :she is an exmnarcotic addict
and used to steal narcotics out of the medical bag of her husband
who was a doctor,
v
JESSE PRATT was called and sworn and testified in his own
behalf that he was a member of the Board of Directors of Synanon
Foundation, Inc „ and had been so at the time the Complaint was
filed; that no medication had been administered under his direction;
that he had been a narcotic addict for sixteen years and had spent
approximately ten and. one®half years of that period in penitentiaries
and other penal institutions on narcotic convictions; that before
associating with Synanon he had never voluntarily abstained from
narcotics for more than sixty hours; that since joining Synanon, he
has been abstaining; that he knows of fifty four people Synanon has
helped abstain from narcoticse
Pratt testified on cross®examination that of the fifty®
four people he knows Synanon to have helped, fifty of that number are
still residents of Synanon; that only four persons are now on the
streets away from Synanon, and still clean from the use of narcotics;
that he recognized approximately six or eight names specifically
250
asked; that he personally knew those six or eight people; that all
of them are former members of Synanon who have since left Synanon;
that he personally knows that each person so named has, since
leaving Synanon; been arrested and is currently in jail on various
narcotics. offenses,
WHEREUPON, The Defendants restedo
THEREAFTER, the Cause was called for purposes of a verdict;
prior to the rendering of verdict, the Defense moved to reopen the
Cause, which motion was granted and the following witness was again
Balled by the Defense for additional testimony;
Vl
CHARLES DEDERICH again testified in his own behalf and
stated that in his opinion Synanon has had great success in curing
addicts from their addiction; no Dross®examination was madee
WHEREUPON, the Defendants rested; the People offered no
rebuttal,
DEFENDANTS adjudged guilty as to Counts lII and Vo
The court does now settle and allow the foregoing engrossed
statement and certifies that the same is a true and correct state-
meat of the proceedings had in the above entitled actiono
DATEDo this 13th day of dune, 1960,
s/ HECTOR Po BAIDA
fudge of the Municipal Court
26,