Freeman Gets Narconon
®
Appeal - 26 December 1991
An Oklahoma County judge who previously has ruled in favor of
Narconon Chilocco New Life Center has been assigned to hear the
center's latest court case, a lawyer for the center said
Saturday.
Harry Woods Jr. said a court appeal of the state mental health
board's denial of certification for the facility has been
assigned to District Judge Leamon Freeman.
Freeman also will rule on a request to allow Narconon Chilocco
to remain open through the appeal process, Woods said.
The actions were filed just before court offices closed Friday
in Oklahoma County, Woods said. No hearing date has been set for
the request to stay the mental health board's decision, pending
appeals.
State officials likely will file motions arguing against the
appeal, and against allowing Narconon Chilocco to remain open
through the appeal process, which could take as long as two or
three years.
Lawyers for Narconon Chilocco originally said the appeal would
be filed in Oklahoma County but then said it would be filed in
Kay County District Court because that is where the facility is
located.
But Woods said he found a 1991 court case that allowed
Narconon Chilocco to file its appeal in Oklahoma County because
that is the home county of the state mental health board and the
Oklahoma Department of Mental Health and Substance Abuse
Services.
Freeman last November granted a stay for Narconon Chilocco
that allowed the facility to remain open and to accept new
patients while it went through the state licensing process.
Freeman's order countered an earlier order by a Kay County
judge that blocked Narconon Chilocco from accepting any more
patients until it is certified.
Freeman also last year blocked the state mental health board
from using a mental health department staff report recommending
denial. Freeman said the staff report was biased and criticized
the department for using an expert he considered biased against
Narconon Chilocco.
"It's like having an independent investigator to look
into the situation in Kuwait and sending Saddam Hussein to do
it," Freeman said last November. Narconon Chilocco, ordered
by the state board to close last week, was allowed to remain open
to take care of its 27 patients. Oklahoma County District Judge
John Amick's order was to remain in effect until a hearing could
be scheduled on the facility's request to continue operating
during the appeal process.
However, Narconon Chilocco cannot accept new patients, Amick
said. Amick made his ruling after a lawyer for the state mental
health board asked for dismissal of Freeman's 1990 order that
allowed Narconon Chilocco to operate until the board ruled on
certification.
State officials said the order should have been dropped
because the state mental health board made a ruling on
certification.
Woods said Freeman probably will set a hearing next month on
Narconon Chilocco's stay request.
On the appeal, Freeman can overturn the board's denial or
order a new hearing by the board, Woods said. The judge also can
uphold the board's findings.
Narconon Chilocco's appeal claims that "throughout its
application for certification Narconon has been subjected to an
excessive wave of constitutional violations, statutory
violations, disparate treatment," Gary Smith, Narconon
Chilocco's president, said.
"We were forced to take this measure to protect the
rights of our present and future clients that do the Narconon
program," Smith said.
A petition drive is under way to garner support for the
facility, with more than 1,000 signing, Smith said. More than
3,000 letters from supporters have been sent to state officials,
he said.
The name "Narconon"® is trademarked to the Scientology
organization through one of their many front groups. The name
"Scientology"® is also trademarked to the "Church"
of Scientology. Neither this web page, nor this web site, nor any of the
individuals mentioned herein assisting to educate the public about the
dangers of the Narconon scam are members of or representitives of the
Scientology organization.
If you or a loved one needs help -- real help -- there are
a number of rehabilitation programs you can contact. The real
Narcotics Anonymous organization
can get you in touch with real people who can help you.
Click [HERE] to visit Narcotics
Anonymous's web site. Narcotics Anonymous's telephone number is
1 (818) 773-9999.
Return to The NarCONon exposure's main Index page.
Forward: For a systematic, detailed, professional exposure of
Scientology's "Narconon" front group, visit the
Narconon Exposed web site.
By Michael McNutt, Enid Bureau
Daily Oklahoman
26 December 1991
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