Sixth Judicial State Attorney Bernie McCabe
“Systems of Power Self-Protect”
Lying, victim-blaming, obstructing justice–it appears that any tactic is perfectly acceptable in the defense of the Church of Scientology.
Deposition excerpts: Mark C. Rathbun-former senior executive of the Church of Scientology
Crime Scene Information
Copy of letter forwarded to the office of Bernie McCabe-August 8, 2012
Dear Ms. Attorney General;
My wife Victoria and I live in Charlottesville. I’m writing to ask for your assistance with a situation that has devastated our family.
My step-son, Kyle T. Brennan—a twenty-year-old college student from Charlottesville—died under very suspicious circumstances in Clearwater, Florida, on February 16, 2007, while visiting his Scientologist father Thomas Brennan. Kyle was a bright and creative young man with mild depression and anxiety. He was prescribed Lexapro by his Charlottesville-based psychiatrist Dr. Stephen McNamara. Kyle died from a gunshot wound to the head. His medication was found locked in the trunk of his father’s vehicle.
During Kyle’s brief stay in Clearwater—the site of Scientology’s headquarters—his father was under the supervision of what is known as a Scientology “auditor” or “chaplain.” This person was Denise Miscavige Gentile, the twin sister of the Church of Scientology’s leader, David Miscavige. As you may be aware, Scientology is vehemently opposed to psychiatry and psychotropic medications. Kyle was not a Scientologist. We later learned that, due to Scientology’s beliefs regarding mental health, the church had ordered Kyle’s father to “handle” Kyle. He would be dead within thirty-six hours. Kyle was traveling with thousands of dollars. All of it was taken.
We filed a wrongful-death lawsuit against Thomas Brennan, Denise Miscavige Gentile, her husband Gerald Gentile, the Church of Scientology, and Flag (another Scientology organization). They filed a motion for summary judgment, granted by a federal judge on December 6, 2011.
I’m writing because the police report written by Detective Stephen Bohling of the Clearwater Police Department is full of fabrications and half-truths. We want the investigation reopened. We want to know what happened to Kyle on February 16, 2007.
Here are but a few of the red flags raised by Detective Bohling’s investigation and police report. (All of the following can be verified by statements made in the police report and the available depositions.)
- Lies concerning contact with Kyle’s doctor and his diagnosis – Bohling and Medical Investigator Marti Scholl lied about contacting and consulting with Dr. Stephen McNamara, saying in the police report that: “The doctor confirmed that Kyle had been exhibiting early signs of schizophrenia to include paranoia and delusions and . . . advised that he was not aware of any major side effects if one was to suddenly stop taking Lexapro.” However: Dr. McNamara, under oath, stated that he had no contact with either Bohling or Scholl. “Perplexed and dumbfounded” by their statements, he said he was “bound by confidentiality” not to release “information about a patient’s treatment.” Under oath, he stated that “Kyle’s diagnosis was mild anxiety and depression” and that there are major side effects from the sudden termination of taking Lexapro, especially for someone Kyle’s age.
- Lies and red flags concerning police procedures – Asked by Kyle’s family whether a gunshot residue test had been performed on his hands, Bohling answered “no.” When asked if the weapon that killed Kyle had been tested for fingerprints, Bohling answered: “No, we never processed the weapon or the scene for fingerprints.” However: The police report revealed that Kyle’s hands and the weapon had been tested. The GSR test was withheld from further analysis by the detective. The weapon tested for fingerprints came back negative for fingerprints or ridge detail. Also: At Thomas Brennan’s apartment, where Kyle died, the bullet that killed Kyle was never found. (Neither was the box of ammunition.) With a missing bullet, no GSR test, and a weapon negative for fingerprints, it cannot be determined who pulled the trigger on the weapon that killed my son, or if he was killed by the weapon found on the scene.
- Additional police red flags – Notes taken by the police have been destroyed. Officer Jonathan Yeun, one of the first to arrive at Brennan’s apartment that night, shredded the notes of his first interview with Brennan. Detective Bohling destroyed the notes of his first interview with Brennan. Marti Scholl was told to bring her notes to her deposition and said she had forgotten to do so.
- Red flags concerning the cause of death – Kyle’s death was ruled a suicide. Medical Investigator Scholl told family members that she ruled his death a suicide because she was told that a suicide note was found with Kyle’s body. Detective Bohling, however, stated under oath that no suicide note was found. A reporter for the St. Petersburg Times, who presumably interviewed someone at the Clearwater police department, wrote that there were two suicide notes. Also: Kyle’s actions just before his passing don’t sound like those of someone considering suicide. He made a bank deposit in Clearwater to make certain his checking account stayed open, and in the hours before his death, he called several Clearwater-area personal injury lawyers.
- Brennan’s lies concerning the night of Kyle’s death – It was estimated that Kyle died at Brennan’s apartment at 11:00 p.m. The 911 call went out at 12:10. Detective Bohling was informed by family members that Brennan had told us different arrival times for that evening. We were first told that he arrived home at 10:30 p.m. after having dinner with friends. Brennan later changed the time and story, saying he arrived home between 11:15 and 11:20 after spending the day selling books at the State Fair. Of course, if his first story is true, it places him in the apartment at the time of Kyle’s death. This would also increase the length of time before 911 was called. Which one of these stories is true? These multifarious stories, convoluted timelines, and lies went unchallenged by the detective. To top it off, Bohling wrote in the police report, “Thomas Brennan returned home near midnight. . .”
- Lies told to protect Denise Miscavige Gentile – The Gentiles at first denied their relationship with Brennan, denied that Denise is a Scientology “chaplain,” and denied that Denise was Brennan’s “chaplain.” All these statements were disproved: Scientology documents prove Denise’s status as a “chaplain” and that she was indeed Brennan’s “chaplain”—meaning they had a very close relationship. Also: Denise at first denied that she went to Brennan’s apartment the night of Kyle’s death. Her husband, however, revealed that both had traveled to Brennan’s apartment.
- Other red flags concerning events the night Kyle died – As stated above, Bohling, in the police report, said that: “Thomas Brennan returned home near midnight. . .” However: On another page of the police report, Denise Miscavige Gentile—Brennan’s Scientology “chaplain”—said that: “Tom had, um, stopped by my house to borrow a book. It was around 11 … when he got home in like ten minutes, he called me up.” This places Brennan at his apartment, the location of Kyle’s death, at 11:10. Also: In Gerald Gentile’s deposition, he said that after Brennan called his wife: “I quickly threw on a pair of pants … threw on my sneakers, and was in my pajamas. We just ran out the door and jumped in the car and ran down” [to Brennan’s apartment]. This statement places both the Gentile’s at Brennan’s apartment at 11:20 or maybe 11:30 p.m. Again, the 911 call went out at 12:10 a.m. What were these three individuals doing in Brennan’s apartment for the 30–40 minutes before someone finally called 911?
These are but a few of the lies, half-truths, and contradictions easily found in the police report and depositions. Told about these things, Detective Bohling did nothing. The Clearwater police have denied my son’s right to a fair investigation. My family’s right to know exactly what happened to Kyle that night has also been denied. We believe something very different happened that evening, different from the explanation found in the Clearwater police report. We want the investigation reopened.
Can you help us?
Excerpt from a letter sent to the office of Bernie McCabe-August 8, 2012
Conclusion regarding the police investigation of Kyle’s death by the Department of Justice undercover agent and academic criminologist.
Deposition excerpt of S. Brennan
Doug Barry, an investigator with the Sixth Judicial
Five years after Kyle’s death, an interesting story was reported by WTSP News in Tampa. On November 9, 2012, Mark C. Rathbun—Scientology’s former number-two man—gave testimony accusing Clearwater-area judges and lawyers of criminal wrongdoing regarding another Scientology-related lawsuit.
Statement of Mark C. Rathbun, a former senior executive of the Church of Scientology.
In perfect lock-step with L. Ron Hubbard’s teachings, this is how Scientology’s lead counselors contort the rule of law. This is how the morally bereft and aggressively litigious Church of Scientology continuously manages to get its way legally, even when it appears that its opponents have strong cases. Lying, victim-blaming, obstructing justice–it appears that any tactic is perfectly acceptable in the defense of the Church of Scientology.
Sgt. Ray Emmons
“When scientology filed a lawsuit in the Eastern District of Virginia the lawyer who had the best relationship with the Judge was hired. When Bernie McCabe filed charges against scientology in Pinellas County one of his former Deputy State Attorneys (Lee Fugate) was hired. When David Miscavige was being investigated by the Criminal Investigation Division of the IRS he hired Gerry Feffer, former US Attorney in the DOJ Tax Division who was a senior partner in the lawfirm that represented the President. When the FBI was investigating scientology in Los Angeles they hired a former Assistant US Attorney from Los Angeles — Gerry Chaleff who has been on the payroll of scientology forever and sat on the LA Police Commission wasn’t well enough connected in the US Attorney’s Office to do the job so they hired someone new… and on and on and on.
Scientology uses its tax exempt money to buy influence. Often through the lawyers it hires.” -Mike Rinder