Volume 14(3) • March, 1993 ISSN 1054-4305 • $3.50

Marie Phelps-S-weet First Woman Cryonically Suspended

In This Month's For The Record by Michael Perry

-Also- The Complete Text of Alcor's Motion for Award of Attorney's Fees in Roe v. Mitchell -And- Getting Serious About Moving Alcor by Alcor President, Stephen Bridge Cryonics is ... Alcor is .... Cryonic suspension is the application of low-temperature The Alcor Life Extension Foundation is a non-profit tax­ preservation technology to today's terminal patients. The exempt scientific and educational organization. Alcor goal of cryonic suspension and the technology of cryonics is currently has 26 members in cryonic suspension, hundreds the transport of today's terminal patients to a time in the of Suspension Members--people who have arrangements to future when cell/tissue repair technology is available, and be suspended--and hundreds more in the process of becom­ restoration to full function and health is possible--a time ing Suspension Members. Our Emergency Response when freezing damage is a fully reversible injury and cures capability includes equipment and trained technicians in exist for virtually all of today's diseases, including aging. New York, Canada, Indiana, North California, and As human knowledge and medical technology continue to England, and a cool-down and perfusion facility in Florida. expand in scope, people who would incorrectly be The Alcor facility, located in Southern California, considered dead by today's medicine will commonly be includes a full-time staff with employees present 24 hours a restored to life and health. This coming control over living day. The facility also has a fully equipped and operational systems should allow us to fabricate new organisms and research laboratory, an ambulance for local response, an sub-cell-sized devices for repair and resuscitation of patients operating room, and a patient storage facility consisting of waiting in cryonic suspension. several stainless steel, state-of-the-art storage vessels. ubscribe to Cryonics!!! Cryonics magazine explores and promotes the practical, scientific, and social aspects of ultra-low temperature preservation of humans. As the publication of the Alcor Life Extension Foundation-the world's largest and most advanced cryonics organization-Cryonics takes a realistic, real-world approach to the challenge of maintaining in a biologically unchanging state patients who have reached the limitations of modern medicine. Cryonics contains thoughtful, provocative discussions of cryonic suspensions performed by Alcor, related research, nanotechnology and molecular engineering, book reviews, the phy­ sical format of memory and personality, the nature of identity, and more. First-time subscribers get one entire year-- that's twelve issues-- for only $15. SUBSCRIBE!!!!

Want Detailed Information? Cryonics: Reaching For Tomorrow is truly the world's only "textbook" introduction to cryonics. Over one hundred pages long, C.R.F. T. is a fantastic and unique examination of the social, practical, and scientific arguments that support the continuing refinement of today's imperfect cryonic suspension techniques, with an eye toward eventual perfected suspended animation. C.R.F. T. is also a comprehensive introduction to the Alcor Foundation. This book is free with your $15 subscription to Cryonics magazine, or can be purchased separately for 7.95.

~~ ~~~~~~~~ t~ £r.J'~~!5~ ~~~~~Ill~ ~~~ ~-~~~~x~ ~ ~~~~~l~~~;~~~t~§~ic~~~7r~i~i~~~~~ ~·.~?-227~,····~[:· ~rite .•.· .• !:o·····~~.e ....• ;\.~.~~.• ~ ..... F?~~~~~.9~·······~t 12327 Doh~rly··.street/ Riverside.~···cA. 925o3 m ...... ·· • r 0 lCS Feature Articles

Volume 14(3) March, 1993 Getting Serious About Moving Alcor Issue 152, ISSN 1054-4305 Stephen Bridge 9

Motion for Award of Attorney's Fees David E. Epstein 14 Cryonics is the magazine of the Alcor Life Extension Foundation, Inc.

Editor: Ralph Whelan Production Editors: Eric Geislinger and Jane Talisman Columns Published monthly. Individual subscrip­ tions: $35 per year in the U.S.; $40 per year in Canada and Mexico; $45 per year all others. Back issues are $3.50 each in For the Record the U.S., Canada, and Mexico; $4.50 each Mike Perry 3 all others.

Please address all editorial correspon­ dence to ALCOR, 12327 Doherty Street, Riverside, CA 92503 or phone (800) Understanding Alcor: Notes from 367-2228 or (714) 736- 1703. FAX#: (714) the President 736-6917. E-mail: [email protected] Stephen Bridge 7

Future Tech H. Keith Henson 12 Contents copyright 1993 by the Alcor Life Extension Foundation, Inc., except where otherwise noted. All rights reserved. The opinions expressed herein are not necessarily those of the Alcor Life Extension Foundation or its Board of Directors or management. Departments

Alcor Board of Directors Up Front 2

Steve Bridge, President Letters to the Editor 3 Ralph Whelan, Vice President David Pizer, Treasurer Carlos Mondragon Membership Status 13 Keith Henson Hugh Hixon Business Meeting Report 26 Brenda Peters Mark Voelker Cryonics Forum 28 Allen Lopp Advertisements, Personals, & Upcoming Events 33

Issue to press: February 21, 1993. Cover: Michael Perry recounts the first woman to be suspended. Up Front by Ralph Whelan

This month's issue is largely devoted room where employees Hugh Hixon and 70%, which would provide revenue for to Alcor's motion for recovery of fees in Mike Perry sleep - actually makes sense Alcor of at least $2,000 per year, would Roe v. Mitchell, the litigation with the as a fire safety precaution. The other, a "spread the word" tremendously, and California State Health Department which "car port" deemed necessary for providing would provide subsidiary revenue in the successfully compelled the State to recog­ shade for the pristine automobile of our form of subscriptions and sign-ups (and nize cryonics as a legitimate disposition of Patient Caretaker, tends to remind us of subsequent members' dues). And, in­ human remains, and thereby established why this nation's debt figure is sufficiently creased revenue from Cryonics magazine the legality of cryonics in California. (The large that one's eyes glaze over at the in­ would allow for substantial upgrades to the Health Department's refusal to issue Dis­ comprehensibility of it. Alcor is now quality of the magazine itself, which position of Human Remains forms for per­ spending $5,000 on modifications that would contribute to improved newsstand sons in cryonic suspension with Alcor had nobody at Alcor wants, and that nobody sales, which would provide more revenue, been specifically intended to make such outside of Alcor will benefit from. No and so on. storage- and cryonics in general- il­ winner. Just losers. And still more impres­ legal in this state.) sive government dynamics: under Califor­ Also in the news: the "official" audit The entire fee motion appears - nia law, if you have a resident employee, of Alcor's books began this week (the despite its length - because it is a fas­ you must provide shade for his car. How­ week of February 15). We're still encour­ cinating and thoroughly accessible over­ ever, under California law, you cannot aging and accepting donations to help view of many of Alcor's legal problems of construct anything (for instance, a car cover the considerable cost of this audit the past few years. In order to justify the port) within ten feet of your property line. ($16,000+ ); mark your tax-deductible award of said fees, totalling just over Even if your parking spaces are three feet donation as destined for the "Alcor Audit $93,000, David Epstein (our attorney in from your property line. This sort of thing Fund," and help us take this important step this matter) has gone into excruciating (but can lead to, say, completely functionless in further legitimizing Alcor and cryonics. highly entertaining) detail in describing car ports that nobody wanted in the first the monolithic incompetence of the Health place, as well as businesses (for instance, As mentioned above, Alcor straight­ Department employees and their legal Alcor) beating wide, frantic paths away froze a member from Texas in February, counsel throughout the years-long pro­ from California. and the report of that suspension will ap­ ceedings. To augment his descriptions, I pear next month. Also appearing next have included several boxes containing Which leads me to the other focus of month will be an article by me describing material from past issues of Cryonics that I this issue: Steve Bridge's article on "Get­ the incredibly difficult situation we faced believe capture Alcor's perspective during ting Serious About Moving Alcor." I'll when this member contacted us and made those trying times. leave the details to the article itself, but I clear his intention to kill himself. Though want to emphasize here the importance of we handled the situation as well as we Because of the length of the fee this article. Please read it. Government were able, we are far from being experts in motion, a few regular items have been statutes like the ones described above, as this type of problem, and (obviously) we delayed or omitted. There is no Cryonics: well as the oft-cited earthquake risk and did not succeed in convincing this member One Decade Ago or book reviews in this the complete lack of space in our current to persevere. Though the full report on this issue. And a front-line report by Tanya facility, make finding a new facility for situation will not appear until next month, Jones of Alcor's 26th suspension, a tragic Alcor a high priority. Steve's article will readers with specific expertise in dealing straight-freeze of an Alcor member from help you understand the various con­ with suicidal and/or depressive persons are Texas who committed suicide, will not straints involved in such a move, as well encouraged to contact us right now. Your appear until next month. You will find, as more reasons why this can't be delayed input could help in the preparation of this though, the first installment in a new much longer. article and the formulation of new techni­ column by our president, Stephen Bridge, ques and policies for dealing with mem­ "Understanding Alcor: Notes From the On the lighter side, Cryonics has been bers in similar situations in the future. President." We also managed to squeeze in invading bookstores and newsstands all Please contact Ralph Whelan or Steve Keith Henson's "Future Tech" column­ around the country for the past few Bridge at Alcor if you think you can help. a gripping account (most of which is re­ months. An exciting landmark occurs with printed from the Houston Chronicle) of this issue: For the first-time ever, more Finally, if you've ordered Cryonics on Alcor Member Steve Jackson's trials and copies of Cryonics have been sent out for disk, or have just been thinking about it, tribulations in fending off the Secret Ser­ newsstand sales (860) than have been be aware that we are now offering quarter­ vice's illegal and immoral attack on his direct mailed by Alcor to members and ly updates for $5 apiece, semi-annual up­ business, Steve Jackson Games. subscribers (820). So far, the "sell-through dates for $8 apiece, and yearly updates for rate" (percentage of the copies that are $12 apiece. As always, the entire set of Thanks to still more bureaucratic in­ sold rather than destroyed) is about 55%. back issues (10+ years worth) can be pur­ tervention (for our own good, of course ... ), This is an acceptable sell-through, but, en­ chased for $119. Keep in mind that this is the Alcor facility has been under construc­ couragingly, it appears to be on the up­ in ASCII format, without pictures or tion for the past week or so. One of the swing. Ideally, Cryonics will eventually graphics of any sort, though important modifications - a window in the crew achieve a stable sell-through of roughly visuals are described.

2 • Cryonics • March 1993 Letters to the Editor

Dear Mr. Whelan: tion and simulation, require more powerful where that was done; I would listen with computers than Drexler had access to. That interest to anyone who can point me there. Recently I have noticed a feeling is a pity and not a cause for anyone to feel But fundamentally, working machines among some cryonicists that my recent joy. need more than th_e designs of single parts, review of Eric Drexler's book, Nanosys­ Ultimately the possibility or nonpos­ no matter how involved those single parts tems, was somehow motivated by dislike. sibility (or perhaps practicality or nonprac­ may be. And equally fundamental, we will While I don't wish to retract anything I ticality) of mechanical nanodevices as not understand how to read ourselves off said in that review, I feel that I should ex­ described by Drexler is a matter of empiri­ into machines (if indeed that ever becomes plain my motives. cal test. A good simulation, though, would possible in the way that computer pro­ As many readers know, I have felt help to increase their possibility (or per­ grams can be copied) without great atten­ skeptical about Drexler's ideas for some haps to show their impossibility, too). My tion to the workings of the machines we time. When I read Nanosystems I hoped own computing skills lie in the field of now are: which means understanding of that some of my problems would at least highly parallel computers, and I would be memory, chemically, biologically,and be answered explicitly. I felt disappointed happy to help put these questions to the physiologically, and understanding of our that (despite all the calculations presented) test. drives also. my questions were not dealt with. It seems If Drexler had recognized this issue, to me, from reading Nanosystems, that rather than simply giving the reader a Best, and long life to all, answers to some of these questions, if wave of the hand or two, I would have said Thomas Donaldson done not experimentally but by computa- so. I could not find anywhere in his book For the Record

Marie Phelps-Sweet

Michael Perry

Married and happily so, to all ap­ with human freezing and joined Cooper's of Santa Barbara, California has joined pearances, the septuagenarian Mrs. Russ Washington, D.C. based Life Extension LES bringing with her a whirlwind of Le Croix van Norden nevertheless pre­ Society. Her other activities continued energy, a fund of common sense, loads of ferred to be known as "Miss Sweet." Her apace also: she was a bitter opponent of experience in public service and progres­ preference does not appear to have been a the war in Vietnam and (with her husband) sive causes, and some excellent sugges­ protest against domestic life or growing spent a year teaching modern handicrafts tions. up, but perhaps against growing old. to Oregon Indians through VISTA. She "One of these is ... that each person, "Marie once said she always wanted to be was a member of NAACP, helped organize wishing to be frozen in the event of death, on the crest of the wave of the future."1 A Women Outlawing War, and developed should send in a duplicate of the card that book should be written on her accomplish­ plans for a World Cultural Center.1 he or she has filled out, for our LES ments. In the 1920s she struggled on the The following quotes from Cooper's central file. The advantages are that in case side of Margaret Sanger for the rights of newsletter Freeze-Wait-Reanimate (known of any dispute, a person's intention would women and birth control. In the 1930s she as Life Extension Society Newsletter prior be recorded separately and on file. threw herself into an idealistic but hope­ to Jan. 1965) give some idea of her level less fight against the powerful, racist of involvement in the early days of cry­ Dec.1964 senator Bilbo from Mississippi. In the '40s onics (before that term had been invented). she ran for office in Westchester, New "We are fortunate in having the York on a democratic ticket offering Sep.1964 marvelous support and inestimable ser­ greater rights for minority groups. Finally, vices of Marie Phelps-Sweet our Western in the '60s she heard about the beginning "It appears as if we are in complete Coordinator in Santa Barbara. She is the efforts of Bob Ettinger and Ev Cooper favor of the gods, for Marie Phelps Sweet, spark-plug of LES. We are indebted to

Cryonics • March 1993 • 3 Marie Sweet and [LES treasurer] Bill Al­ advising, letter-writing, petitioning, and which might have been used to cover baugh for funds which have been used for telegraphing, visiting, ad infinitum, she costs of liquid nitrogen storage proved such things as stationery and cryogenic re­ apparently had little thought, except in a worthless) she was soon warmed to dry ice search equipment for hamster experi­ minor way, of providing funds or insur­ temperature and removed to a mortician's ments." ance for freezing and storage. Being fear­ garage. There she would remain until less and an eternal optimist she tended to March 1969.3 By then there were two other Mar.1965 neglect her own future ...." 1 patients also on dry ice storage in the By the time of her death Marie had garage, the mortician -(generously accom­ "Our sparkplug Western Coordinator, joined the newly-created Cryonics Society modating but not a cryonicist) was becom­ Marie Phelps-Sweet, has given her usual of California, headed by Robert Nelson, ing impatient, and funds as usual were extra effort by getting on Salt Lake City though remaining also a member of LES. short. A liquid nitrogen capsule was ac­ and Los Angeles radio programs and tell­ In January 1967 Nelson had performed the quired by Nelson, containing a patient, ing people about LES and the freeze­ first cryonic suspension or freezing under Louis Nisco, who had been frozen by wait-reanimate idea. Without Cryocare only a few days af ter doubt Marie did it in gentler Marie in 1967. The capsule was terms than our outspoken plain­ Marie Phelps-Sweet, Jun. 1940 to be maintained through funds ness. Congratulations, Marie." FREEZE-WAlT-REANIMATE 9/67 supplied by Nisco 's daughter. As a desperate measure to con­ May 1965 tinue the other suspensions the capsule was cut open, Nisco "Marie Sweet, our Western and an interior support were Region Coordinator in Santa removed, and the four frozen' Barbara, and our gadfly to ac­ patients including Marie were tion, has pioneered an arrange­ unceremoniously crammed back ment for the transfer of benefit in, without any support. (This payments to LES in the event of could be defended on grounds "auto-accident, or other fatal of a shortage of funds for all the event." Marie and her husband patients except Nisco, though both wish the "President of the the transfer could have been Life Extension Society to have handled better to minimize the use of benefit payments for warming. What is especially, agreed upon purposes of the verifiably outrageous is the way Society he represents." The pur­ this incident was distorted, in pose, in plain words, is to get Nelson's newsletter Cryonics Marie properly frozen in the Review, into the alleged com­ event of death. Marie is to be pletion of a fine new cryonics commended beyond words for facility or "cryotorium. "3) The such foresight, courage, initia­ capsule in turn was supplied tive, and for her willingness to with liquid nitrogen by the mor­ place her trust in LES .... tician until in May 1970 it was After joining VISTA transferred to a newly com­ around 1965 her LES activity pleted, underground vault at a tapered off for a year or so, then cemetery in Chatsworth. There resumed. But at this point fate it was maintained for a time by intervened. During the night of Nelson himself. Appeals for August 26-27, 1967, the 74- funds for Marie had been made, year-old Miss Sweet died in her during the initial stage of dry sleep in a Santa Monica hotel ice storage, and a small amount room. She was found approx­ had been collected. Nelson, imately 2 p.m. on the 27th. however, was not in the habit of Among personal effects was an advertizing problems such as a LES card with instructions to freeze her controlled conditions - that of James shortage of funds for patient maintenance, body. In an effort to honor her wish a local Bedford. Now Marie became the second or even the manner in which patients were mortician stored her in a refrigerator at cryonics patient, though because of the maintained. (He had been so secretive in 30F (barely below the freezing point of long delay after death her suspension fact that Cooper had suspected he had not water). She was finally and completely could not have been the best. Ed Hope of frozen Miss Sweet at all, though this frozen the night of Aug. 30, some three Cryocare Corporation, who was then stor­ suspicion is refuted by records. 4) In the days after her death. Unfortunately, ing Dr. Bedford, came out from Phoenix, end the Reaper prevailed. Nisco's daughter despite her well-known wishes to be Arizona to take part in the freezing and stopped paying the nitrogen bill sometime frozen and stored for possible reanimation, apparently Miss Sweet was briefly stored around June 1970, and a year or so later preparations were not complete. in a Cryocare capsule with liquid nitro­ Nelson quietly let Marie and the other "With all of her marching, organizing, gen.2 But due to lack of funds (an insur­ three in the capsule thaw. speaking, teaching, learning, protesting, ance policy naming LES as beneficiary It is painful to confront the destruc-

4 • Cryonics • March 1993 CRYONICS REPORTS 9/67 Marie Sweet wrapped in aluminum foil (left) and covered with dry ice (right) tion of an individual, especially one of taken seriously by physicists today who for the lessons they teach about how to outstanding personality and achievements, must confront the weirdly uncertain world make existing and future suspensions more who wanted to sec the future, and who of quantum mechanics. However a few, secure, and for what we can learn about came as close to doing it, relatively speak­ such as cosmologist Frank Tippler, do hold the often fine human beings who sought ing, as Marie Phelps-Sweet. One is led to out hope for an eventual recovery of infor­ extended life and were denied it. wonder if those who arc not preserved arc mation about the hidden past leading to a Toward the latter end, I'll conclude absolutely gone forever, or if there is some resurrection of those who have died. with some quotations from Marie Phelps­ mechanism, however remote and beyond Others (myself included) doubt the Sweet herself. These are from letters to present comprehension, that could some­ recovery of the hidden past, but think in­ Robert Ettinger ("RCWE"), and originally clay restore them to life. This was the stead that a resurrection could be carried appeared in Cryonics Reports, Oct. 1967, problem confronted by the Russian out by guesswork alone, without know­ shortly after Marie was suspended. philosopher Fyodorov in the 19th century. ledge of the lost original, if one had long (Being so long before cryonics, everyone enough. In any case it seems abundantly 6-26-64 suffered obliteration then.) Fyoclorov's clear that cryonic suspension is a better al­ solution, to resurrect the dead using New­ ternative than physical destruction. We Zestful living has been a long-time tonian physics on an ultrafine scale, is not should study the failed suspensions both hobby of mine, so zestful departure from

Cryonics • March 1993 • 5 this vale, via freezeration, is a welcome such. Hardly any sense at all about such RCWE, encourage him to continue on this release from the degrading and wasteful matters ... not smart at least. Hate reading tack concepts of the past ... What bothers me small print, like poison. Looking for fraud now is how any thoughtful people can fail just isn't our dish. When the Supreme 5-19-65 to realize the scope of the program ... more Court has 5 to 4 decisions, what can WE immediate and necessary, it seems, than know of the whys and wherefores? Really? "'Manage to keep alive' it says in Et­ the new vistas of interstellar space inves­ ... These 'reports' may bore you stiff and tinger's book. So we shall try to do so ... I tigation ... I think sometimes, if one more your poor wife. But they make us feel we hope the Russian screntists are not being high-ideal gets bogged down in the mire of are DOING some small bit to move things as "reluctant" as ours to become involved thoughtlessness and downright greed ... along ... we will have a bit more income in ... as they put it. Dr. Pauling was given a just one more such program goes haywire Sept. or Oct. and then Russ must get some chance to 'stand up and be counted' but ... I won't be able to scare up one tiny f.p. insurance also. Hate to drive on the declined "at present." What is he waiting droplet of zest, in sheer down-hearted freeways here these days ... before pre­ for? Xmas? ... The fact is that people are despair. pared to 'do the right thing.' Makes me a afraid it's another hoax. Like pie-skysville. bit uneasy. Our car rear axle went kaput Can't let themselves even consider it, lest 7-19-64 yesterday on State St.! Lucky people, we they be again 'had.' What a sad, sad world must manage, you know t.s.a. (to stay with "trustworthiness" a bad word too! ... I wanted to take exception or make alive). Cheerio. As to your disdain for "pen-palism," I objection to two personal-prejudice edicts think your bark is worse than your bite. on the part of the Marquardt representa­ 8-23-64 Look at the patience you had with me, tive, who was present on your invitation, I which I'd have been LOST without! Pen­ gather. The first: his objection to the ul­ Even I, way out here on the outer rim, pals sometimes survive to become man's timate democratic inclusion of social feel that all my energies should be devoted helpers, yes, no?'' security supported freezing programs. He to this life extension advance. But how to ... opined that it would be 'just the elite' do it escapes me at the moment. For the 6-25-67 for a long time to come. If I thought we first time in my entire career, I yearn to be could run into a dictated sans-Golden wealthy and free to endow an essential Russ and I have, early this year, taken Rule-setup, I'd start yelling my head off work. Formerly the idea of the respon­ two of the $25 memberships (in the right this minute ... I suppose he meant the sibility of physical wealth made me shud­ Cryonics Society of California) and one wealthy get first choice, but this shouldn't der - in a world mad for the quick buck. $10 to help out in attempts to keep the of­ be allowed either. Maybe we will have to Honesty, via which there are few if any fice going ... So much misspent effort has arrange some sort of quota system -I'm millionaires, seemed to me the more pre­ already gone clown the drain, or so it kidding- I hope. Secondly I took offense cious value. Now- it seems we have the seems ... for all our sakes ... am anxious to (saying nothing, so as not to offend you, power and method to change for the better. get any thoughts or suggestions you have who seemed to be agreeing with him) "Remove the fear of limited life - and as to how the train can be gotten back on when he 'ruled out' contact with Linus remove the greed and ruthlessness." ... I the track and given a good shove "straight Pauling, simply on the ground that "he's want to see it happen- with all possible ahead" toward a full schedule of travel on­ too controversial." Ye gods! How smug speed! Yet here I sit. More or less helpless, ward and upward, toward our survival goal can one get? to speed things up. for humankind.

7-25-64 10-14-64 References and Notes: Dear RCWE: I hope it doesn't offend Russ and I are taking the Red Cross l. Freeze-Wait-Reanimate (FWR) 38 (Sep. your sensibilities to have me feel I can ad­ 10 Wk. Life Saving First Aid Course- so 1967) 1. dress you in a bit more informal fashion we can let 25 to 30 people hear about some than is the custom midwesterly and real life extension !md salvage. We should 2. Chicago Daily News Jan. 29, 1968 p. 4., reprinted in FWR 43 (Feb. 1968) 3. easternly, and in academic circles too per­ get to Red Cross Washington head man haps. It's not lack of respect for your dig­ and alert them to their future goals. 3. Cryonics 13(3) (Mar. 1992) 4. nity but just 'hail to a kindred soul' so to 5 speak book to Dr. Ferry yesterday who 10-22-64 4. Cryonics 13(8) (Aug. 1992) 4. had told Russ a few days before that he wished to be further informed ... I have Where would Mr. 6 be (or 5. Evidently Ettinger's The Prospect of Immor­ been asked just this morning to serve on a HIS L.E.S.!) had there not been a WasiL, tality which had been published shortly before, committee who will arrange a Welcome to D.C. L.E.S. for him to inquire of- as to on June 5 (see Life Extension Society Newsletter the Hill (that's what townspeople call what part he could play in this chore we Aug. 1964). Hutchins' Think Shop) for Dr. Pauling in have undertaken? Exactly NOWHERE. about a week or two for same and registra­ Yet when invited to cooperate, and go 6. Apparently Tom Tierney (of Panorama City, California), who formed a breakaway "LES" or­ tion, later today and evening. This way I ahead with a liberal amount of leeway, he ganization at about this time, and seems to have can meet all sorts of people and spread the fails to exhibit the common courtesy quite been the first to do so (see Life Extension word about the book ... that will change rightly expected of him, i.e., regrettably. It Society Newsletter Oct. 1964). Initially highly the globe's people. Hopefully, for the bet­ is my distinct impression that this type of respected, Tierney would prove a shady charac­ ter, for all time to come ... My husband thing is a disservice to our cause. And that ter, being arrested for counterfeiting and gun and I are infants about insurance deals and you as an educator should not, my clear fraud in 1966 (sec Cryonics Mar. 1983 p. 10).

6 • Cryonics • March 1993 Understanding Alcor: Notes from the President

Where's Alcor's Money? (And How Can We Get More?)

Stephen Bridge, President

Cryonics has been a marginal finan­ into four different funds (like four dif­ salary of the primary caretaker, and a por­ cial enterprise since its beginning twenty­ ferent companies in our double-entry fund tion of the salaries of other staff who six years ago. The earliest cryonics or­ accounting system, for you lovers of spend part of their time on patient care). ganizations assumed that the notion of details). Donations for scientific research For several years, we have said this cost freezing dying people would take off like arc placed into the Research Fund. Money was $854.38/ycar for whole body patients wildfire (wild ice?) but foundered on the designated for the long-term care of our and $150.76 for neurosuspension patients. basic problems of all new businesses: How suspension patients is placed into the (These figures are currently undergoing much does it cost to manufacture your Patient Care Trust Fund (PCTF). Money re-evaluation.) product (or provide your service)? How which is to be spent for the normal expen­ So we need to make sure that the much are customers willing or able to pay? ses of business (salaries, supplies, publi­ amount of money placed into the Patient How do you persuade people that they city, Cryonics magazine, utilities, etc.) Care Trust Fund for each patient will earn have a need for your product? How do you goes through the General Operating Fund at least those amounts of interest each develop a product or service with high (OF). Finally, there is a sizable chunk of year, plus a safeguard against inflation. quality? How do you find better answers to money which was donated to us in 1989 by Based on the history of investment, we as­ these questions than your competition? suspension patient Richard Clair Jones and sume that we can earn at least 2% above These questions are the same ones which was used to create the Jones Endow­ inflation on our money. To simplify, what that Alcor management struggles with ment Fund (EF). In 1991 the Board of amount would be required to earn these today. We have more experience and Directors restricted $400,000 of that amounts at 2% interest and zero inflation? knowledge and money than those earlier money to the Endowment Fund, for the $42,719 for whole body patients and groups did and we understand more about purpose of creating investment income for $7,538 for neuropatients. To be even more the process. But we are still not "experts." operating expenses. The intent at that time conservative, these amounts are doubled to This is the first of what will be many was that the principal would not be cover unforeseen economic disaster, legal articles which explore these questions and touched. challenges to the fund, and possibly the fu­ our attempts to answer them. This month Of course, nothing is that simple. I am ture costs of reanimation. As one final we will examine the basics of Alcor's still learning the details myself, after three buffer against inflation (and remember that financial structure and express some of the weeks as president, so I won't try to ex­ inflation in the costs of health care and ways that structure might be changed in plain everything about how each fund medical technology is much higher than the near future. Some of the following may works. But there arc several situations you general inflation), at the end of the year we be elementary for old hands, but the basics need to understand to see how the money add to the PCTF 10% of all unrestricted are important for newer members. is handled. income. The Alcor Life Extension Foundation When money is received from a When the funds for a cryonic suspen­ is a California nonprofit corporation and suspension patient's insurance or other sion come to Alcor, the first action taken is federally tax-exempt- 501(c)(3). Our funding after his suspension, it is eli vicled to place $85,438 (for a whole body funding comes from several primary sour­ somewhat differently than you might ex­ patient) or $15,076 (for a neuropatient) ces: Emergency Responsibility Fees (ERF) pect. Based on years of experience, we into the PCTF. Our minimum funding re­ (similar to membership fees in other or­ have worked out how much money is re­ quirements (we recommend you prepare to ganizations), donations by members, the quired to keep a patient in cryonic suspen­ go above the minimums if at all possible) suspension funding of cryonic suspension sion, given the assumptions that our are $120,000 for whole body and $41,000 patients, magazine subscriptions and predictions of costs are correct (primarily for neurosuspension. This leaves $34,562 literature sales, and investment income. that of liquid nitrogen, the storage units, (whole body) or $25,924 (neuro) for Money that comes to Alcor is divided pro-rated portion of rent and utilities, the paying the costs of transport, surgery, per-

Cryonics • March 1993 • 7 fusion, and cool-down. If we are efficient bers have chosen). So we are in good crunch. By the time you read this, the and the patient is in Southern California, shape in January, fading in February, and president's ability to borrow from the En­ we can come out ahead. Money left over desperate in March. An efficient suspen­ dowment Fund will cease (10% will be after costs are paid goes into the Operating sion can sometimes help; but that cannot borrowed) and the possibility for paying it Fund to pay the normal bills of Alcor. If be counted on. The suspension we per­ back by the end of March appears doubt­ we are inefficient or the transport costs are formed last July cost at least $10,000 more ful. high (this was the case with two long­ than the member's suspension funding So we need to re-think our finances. It distance neurosuspensions last year), we (counting the amount we were obligated to may take several years of membership may actually lose money on the suspen­ place into the Patient Care Trust Fund.) growth before ERF payments equal our sion. Losses have to be made up from the Then there is the Endowment Fund. In basic costs. Do we change our rules about OF. 1992, this fund produced $21,165 in inter­ the Endowment Fund? Should we raise our The Operating Fund handles day to est. Not bad, but it also created ten times Emergency Responsibility fees to a more day business. Money moves in and out of that much conflict and confusion. The realistic rate? Since neurosuspensions the OF fairly quickly and rarely amounts most common purpose of an endowment seem to operate in the red more often than to more than a few thousand dollars at any fund is to function as principal to earn whole body suspensions, maybe we should given time. There are always bills to pay money for a university or a hospital. Over raise the minimum for neurosuspensions and payroll to meet. One exception to that the decades, people die and leave estates to and encourage more people in both has been prompted by a recent fund­ the institution which then invests the categories to provide funding above the raising campaign. funds. This is great for a well-established minimum. Some directors have suggested By the time you read this issue, a company which has its property and pro­ that we are placing too great a safety fac­ major accounting firm will be doing a grams in place. It is not going anywhere tor into the PCTF and we need to allocate professional audit of Alcor books. Money and it needs to build a hedge against infla­ more to the operating fund. After all, to pay for this audit (at a cost of $16,500) tion for the future. This may have been breaking even isn't really good enough. has been raised through a series of dona­ premature for Alcor to consider (although We need to come out ahead each year, so tions from our generous members. Nor­ I was certainly one of the people pushing we can upgrade our equipment, do re­ mally when small donations are received for an Endowment Fund several years search, hire more technical people, and for ongoing expenses, those donations im­ ago). In many ways, we are still in our begin paying a living wage to the em­ mediately flow into the Operating Fund. I "entrepreneurial" phase, even after twenty ployees we already have (our average an­ think the expectation from Alcor manage­ years. Money invested in growth or even nual salary per staff member is only ment at the time the audit donations were in a new building might be better used $14,000 per year- before taxes.) being collected was that they should than money earning interest. If, for in­ We'd like to hear from you on this similarly be funneled into the OF to pay stance, money from the Endowment Fund subject. Some part of our income will have current bills and that later normal income had been used to help acquire a new build­ to increase very soon. Assuming you are would cover the audit instead of covering ing a year ago, we might (the answer is not willing to go into cryonic suspension regular bills. (Two accountants have told debatable) be in a better overall position yourself right away to help our cash flow, us that this is perfectly acceptable account­ today. We should also note that Dick Jones what would you be willing to do? Can we ing practice- but accountants don't run a himself did not specify that this money get more donations from some of the 75 company and don't have to respond to was to be used in any particular way, in­ members who contributed last year? Can members' questions.) My personal philo­ cluding as an Endowment Fund. the other 275 members help out some? Is it sophy is that a special request, single pur­ The past year saw several large bills more fair to raise the annual fees? Should pose fund drive like that should result in which created cash flow problems for us. we allocate our funds differently, raise our an account that sits there until the bill is We charted an air ambulance to lift some­ suspension minimums, re-think the En­ paid, especially as we start getting our one out to a hospital. We had important at­ dowment Fund? Or should we just cut staff cash flow problems worked out. That is torney bills to pay in connection with our down to two, run suspensions on a shoe­ what will happen on the Audit fund, at defense of cryonics against the California string, make Cryonics a quarterly, stop least, and I am periodically routing ongo­ Department of Health (which we won, sending out information to the public, and ing income into that account to replace the validating cryonics in California). We had cancel the 800 number? The directors are audit donations before the bill comes due. a huge and sudden Workman's Compensa­ under a lot of pressure to do something Cash flow- the biggest problem of a tion bill to pay. The decision was made to positive at the March 7 meeting. What is it cryonics company. Right now, the amount borrow money from the Endowment Fund worth to you to see Alcor grow and of Emergency Responsibility Fees we col­ to pay these bills. prosper so that we have the strongest or­ lect from you members pays less than half The money was eventually paid back, ganization and the best suspension team of our basic operating expenses. We have and the Board of Directors made more that you can imagine waiting to rescue been fortunate in the past to receive large stringent rules concerning this sort of bor­ you? donations from many members. Out of 350 rowing (no more than 10% can be bor­ For me it was worth taking a paycut suspension members in 1992, about 75 rowed, it must be paid back with interest of $13,000 per year and moving two gave donations of one kind of another, and the interest goes into the principal, and thousand miles away from my family so I totaling just over $48,000. $12,000 was the entire loan must be paid down to zero can work twelve-hour days. It's your from one member, a person who would not at the end of the first quarter each year). serve. be considered wealthy, but who sends us Those are great plans and they might $1,000 per month. The most money from work when we have more members or if membership (E.R.F.) comes in every we were doing more suspensions each quarter (since that is the option most mem- year. But again we are stuck in a cash-flow

8 • Cryonics • March 1993 and storage space. (We still have two mini-warehouses full of equipment and Getting Serious About Moving Alcor supplies!) Also we are now up to 26 patients. This is beginning to present a serious problem. The Patie_nt Care Bay has four of the Bigfoot four-patient dewars (we have Stephen Bridge, President 10 whole-body patients), one two-patient dewar (empty, but used for cool-downs and temporary storage), and two of the concrete-enclosed neuro vaults (with 16 In March, 1992, a number of our this plan. Some people pointed out at the head only patients and several pets.) Since members were surprised by news that time that it appeared we had placed the the neurovaults hold nine patients safely, Alcor was seriously contemplating a move cart before the horse. Sure, it might be a both of those units are now filled. We are to a new building in Scottsdale, Arizona (a great building. But had we really decided looking for ways to move pets, perhaps, suburb of Phoenix). In previous years there that we needed to leave California? If this into one of the Bigfoot units to free up had been discussion of a potential move to wonderful building were in Minnesota, more space in the ncurovaults; but we are other property ncar Riverside; but the pos­ would we be pushing as hard? Have we very close to needing another vault. And sibility that Alcor would consider moving guaranteed that this new community wants I'm not sure where we will fit it. out of Southern California was a shock to us and won't cause the same or worse legal some members. Others were surprised and problems as Riverside and California? Appearance. The previous Alcor/ worried by what seemed to be the sudden­ Have we spent enough time determining Cryovita building in Fullerton was so ness of the announcement. In fact, the that we are using the right financing small and junky that the Riverside building Board of Directors had been looking at al­ scheme? And so on. seemed like the Taj Mahal when we ternate sites, even in other states, for That period of time also included the moved. However, to people visiting us for several months, although that had not been beginnings of the political debate over the the first time, it looks nondescript at best. communicated to most members. leadership of Alcor, and the arguments Several of our members have said that a Several people worked extremely hard over this resulted in a lack of trust on other more medical or university style building to raise funds for a building in Scottsdale, projects, especially on the new building. in a nicer location would be more impres­ and many members responded with en­ This meant that the directors were not ac­ sive th:m our industrial bay surrounded by thusiastic pledges. However, by the dead­ ting as a unit to make this project work. body shops (auto body, that is) and junk line in early July (the member who had Finally, the lack of early involvement of metal dealers. Others have protested that placed personal funds down on the build­ the membership meant that certain good it's what's inside that counts, and I would ing could not hold it beyond that date), ideas never had the time to develop. The partly agree with that. But we have to get only about one-half of the necessary funds only alternatives for financing that were them inside first and, besides, the inside is had been raised, and this opportunity had presented were 1) a limited partnership not that wonderful either. to be abandoned. Many accusations were owning the building, much like Symbex, made over the rest of the year concerning which owns Alcor's current residence, or The Big One. When you hear the who or what was most responsible for the 2) donations going directly to Alcor so word "earthquake," what state immediate­ failure. No formal building search was Alcor could own the building outright. ly comes to mind? (Although some would conducted through the remainder of 1992. Other ideas have been suggested since say that when you ask that question of I don't want to usc much space on this then. Californians, the state that comes to mind but, personally, I believe there were So here we are in 1993. After one is "denial.") When we moved to Riverside, several processes occurring which com­ year the problems that require Alcor to it appeared that we were in a less seismi­ bined to doom the project. Any project of move from its current building arc still cally dangerous area than most in Southern that scale (approximately $600,000) that is there, although some of the other cir­ California and the land we were on had lit­ presented to a group of people with an cumstances have changed. In the May, tle chance of dissolving in a quake (as hap­ "It's-urgent-we-decide-this-quickly" label 1992 issue of Cryonics, Ralph Whelan pened in the San Francisco "World Series" will automatically cause resistance. This is wrote a brief article, "To Move or Not to quake several years ago). But the Landers especially true of a project like this, that Move?" in which he outlined the argu­ earthquake in our area last year gave called for the main business of the group ments on both sides. I'll go over some of evidence of new fault patterns. On Decem­ to be moved far away from its traditional these reasons ~mel others now. ber 1st, the Los Angeles Times reported base and which might change other aspects that seismologists were now estimating the of the organization in unpredictable ways. Space. When Alcor and Cryovita odds of a major Southern California The Board of Directors and the member­ moved into this building in 1986, Alcor earthquake in the next five years as being ship at large (including some of the had two full-time people (Mike Darwin 47%. They went on to state that, "If the prospective contributors) had not been and Hugh Hixon) and Cryovita had one quake does occur, it will probably be prepared in advance to deal with the com­ person (Jerry Leaf) who was here part­ centered on the San Andreas Fault close to plexities of making this decision, and the time. Alcor now has seven employees and, San Bernardino, Riverside, or Palm directors, especially, were not prepared for while Cryovita has moved out into its own Springs, and cause more damage and the wide range of reactions generated by offices, we arc still crowded for personal casualties than the Landers earthquake."

Cryonics • March 1993 • 9 Oops. We now have twenty-six • A tolerant regulatory climate, both for full-time employee (the Patient Caretaker) patients and ourselves in the one place in business in general and (more importantly) and for Suspension Team members after the country most likely to have a "big one" for cryonics in particular. This means that suspensions, a kitchen, a machine shop, in­ in the next five years. Frankly, we don't we need compatible zoning with no strings door ambulance bay, at least one operating know what kind of damage this building or attached, including the ability to do room (two would be better), lab space, and our patients might sustain in a huge quake. licensed animal research, and a guarantee a great deal of storage. Of course, many of I'm not looking forward to finding out. (as much as a bureaucracy can) that cry­ these areas could b!l provided through And even if we had very little damage, onics does not present a problem for the remodeling (more expense), but the struc­ civil unrest and liquid nitrogen supplies state, community, or regulatory agencies ture and size of the building must allow might make patient storage- not to men­ like the Department of Health. for this. tion our employees' continued existence -very chancy for several weeks. • Close enough to Southern and Northern * * * California so that our Transport Team can Cost of Living and Business. There quickly get to the many members we have Finally, how do we pay for this is no question that California is one of the in these two areas; so that Suspension glorious edifice? This was the wave that most expensive states in which to do busi­ Team members from California can get to swamped the last attempt at moving. There ness and in which to live. National the new location in a timely fashion; and are probably four or five basic ways this magazines frequently comment on the so the transport of our 26 (at least!) could be done, which break down into sub­ amount of state and local bureaucracy that patients to the new location can be done as sets of one problem: Should Alcor own the has caused thousands of businesses to rapidly and smoothly as possibly. building or should someone else own the leave California in the last two years. building? This has pretty much confined our Alcor ownership has some advan­ Legal Situation. This is a good news, search to major metropolitan areas of tages. We wouldn't have to pay rent or be bad news area. The good news is that after California, Nevada, and Arizona. While at risk of losing our home if the owners several hundred thousand dollars in legal members and friends in other states have got angry. It might be better for our "cor­ fees over the past five years, the right to made enthusiastic recommendations of porate image." We have been told that the choose and perform cryonic suspension is cities in Colorado, Washington, Texas, and tax advantages have been severely reduced well established in this state. The bad news Iowa, they are just too far away or have for most limited partnerships, so Alcor is that as a condition of our Conditional other problems that make them inap­ may find that this is the only way it can Use Permit, the Riverside City Council propriate for this move. get a building. forced us to abandon animal research at If someone else owns the building, this location. Animal research is important * * * different advantages may apply. If Alcor is for training our suspension teams and sued for some act it performed, there is a learning how to improve our perfusion and Now, what kind of building do we layer of protection for the building. Some cryopreservation methods. need? people gain an emotional advantage, if not Moving to another location in Califor­ necessarily a tax advantage, by owning nia might solve this problem or it might • A minimum of 10,000 square feet, al­ part of the building that may house them in not. We would want to make sure before though 15,000+ is more realistic if we their frozen future. I certainly feel that we moved; but even then, changes in local don't want to move again in five years. way about Symbex, the limited partnership politics can create further problems unless which owns the current Alcor building and we have guaranteed or "hard" zoning. • A large section of the building must have of which I am a 1% participant. at least 14' ceilings, and part of that must The building could be owned by one * * * have either 20' ceilings or some way to individual who rents to Alcor, although it create a roof that high (or removable could be argued that that gives one person So we have plenty of reasons to move skylight like we have now) to install the too much control and requires only one somewhere. What are we looking for in a hoist required to move patients in and out poor relationship (or one inheritance to an new location? of our storage dewars. unfriendly family) to develop before problems start. A limited partnership, of • Weather patterns and highways that • Very solid concrete floors, several inches which Alcor could be a member (as it is in allow for unrestricted access year-round. thick, are required to support the several Symbex), would avoid that problem. Are­ thousand pounds that each of the Bigfoots quirement for participation in the limited • Reasonably close access to a major air­ and neuro vaults weighs. partnership would certainly be Alcor port, one or more liquid nitrogen suppliers suspension membership as it is in Symbex, with reasonable prices, medical and tech­ • We use a lot of electricity and we need so that the partners' interest would coin­ nical suppliers of various types, a large adequate drains for suspensions, so above­ cide with Alcor's. This is currently work­ university library. average plumbing and wiring are required. ing very well. One problem with the 1992 attempt to • Several Alcor members in the community • We need space for at least six small of­ purchase a building in Scottsdale may to provide backup volunteer support of fices and one large one (for the president, have been that it was presented as: (1) various kinds. of course, with really big, intimidating either Alcor raises the entire sum through desk and chairs like all the lawyers have. donations so Alcor can own the building, • Much lower risk of strong seismic ac­ Yeah.), a conference room, an attractive or (2) a limited partnership is formed tivity. lobby, sleeping quarters for at least one which does not accept donations. For

1 0 • Cryonics • March 1993 various tax reasons or emotional reasons, a realtor, and several other members are cashing it until we are sure what will hap­ some Alcor members might want one also looking for suitable buildings. If you pen. method and some the other. Steve Harris have legal or practical experience in the Alcor was created to get ourselves, has proposed a simple compromise that we areas of purchasing commercial property, our families, and our friends to the future. should have figured out before. Form a forming limited partnerships, or the tax We are not yet large enough for that to be limited partnership with Alcor as a major consequences for donors, please let us more than a dream. But what a dream! A partner. Let those invest in the partnership know very soon. We need to make sure we new building in another location will show who want to. Those who prefer to give a are on the right track. Call Judy at (310) the world that cryoitics is here to stay, that large donation to Alcor can do so and 574-1936 (FAX: (310) 839-0647), or Steve we are serious about research, that Alcor Alcor will use those donations to provide Bridge at Alcor (FAX: (909) 736-1703). itself is an organization committed not just its investment. The combination of contributions and to continuing but to succeeding. The next partnership required to purchase and few years will be critical in terms of * * * renovate (or to purchase property and growth, knowledge, and solidity. I hear the build) a suitable suspension facility could wonder and excitement in the voices of the It has been proposed that Alcor name run as high as $900,000 (just a guess at young people who call here for informa­ its next home "The Jerry D. Leaf Center." this time). It is possible that some lesser tion; I see the awe in their faces when they Considering the unequaled contributions portion of that could be in the form of a visit us. Twenty-one years of thinking and that Jerry made to Alcor and to cryonics in loan by Alcor or by the partnership, as was talking about the future and about our general, this sounds like an excellent idea done with Symbex. method of getting there is finally showing to me. We could have a bronze plaque of By the time you read this, I will be results. Jerry's likeness in the entry way, along planning for Alcor to have started a build­ If you want cryonic suspension to with plaques listing major contributors ing fund to receive contributions from work for you, it is time to become more in­ (you, we hope). We could even name some those people who want to donate money volved. If you can help with this, call me of the rooms for contributors or for other instead of investing as limited partners. or one of the other directors soon. The important Alcor members. Any donated funds will be placed into a wind is changing; the tide is going out. So it is time to get this process special account until the building is pur­ Let's not miss the boat. moving along. We need your help to get chased. If you are concerned that we might started. We already have a building search take your money and then back off from committee headed by Judy Norman Sharp, our plans, we can hold your check without

in cryobiology bearing especially upon our brains , Subscribe to: and noteworthy discoveries about aging,too. And fmally, PERIASTRON contains articles speculating about possible means of repair or better means of storage.

The Editor of PERIASTRON is Thomas Donaldson. A Science Newsletter for Cryonicists It has published bimonthly since 1990. You may buy subscriptions for any number of issues, at $2.50 per issue. Your subscription remains good at that price, By now a great deal of scientific research closely even if later the price changes. And if we cease to bears on cryonics, far more than CRYONICS itself publish, you will receive a refund with interest on ca,1 print. I refer particularly to the increasing vol­ your unused subscriptions. One issue is only $2.50. ume of work on memory, consciousness, and their biological foundations within our brain, a crucial Send your subscription to: issue for success of cryonics itself.

Although nanotechnology will give us great abilities PERIASTRON to manipulate matter at a molecular scale, if our POBox2365 selves, memories, and all clues to them have been Sunnyvale, CA 94087 destroyed, no amount of nanotechnology will return us to life. The status of our brains, remains open, even though I and other cryonicists believe that ulti­ Name: ______mately our memories and selves WILL tum out to be recoverable. We can describe our reasons for Address: ______such a belief, but no one yet claims to have a proof.

PERIASTRON also reports on engineering achieve­ ments in nanotechnology; and on new experiments # of Issues: ______

Cryonics • March 1993 • 11 Future Tech

The Secret Dis-Service

Keith Henson

Remember the Dora Kent case? One Congratulations to Steve Jackson on a job in this case. We know no investigation sideshow to that circus was a suit 15 Alcor legal win against the government may be a took place. Nobody ever gave any concern members filed against the county of River­ little premature, but this reporter seemed to as to whether (legal) statutes were involved. side over the seizure of a computer Alcor think Steve's legal team had done an excel­ We know there was damage," Sparks said in was using for a BBS (Bulletin Board Sys­ lent job. weighing damages. tem). We were able to take them to court be­ The lawsuit, brought by Steve Jackson cause I did considerable legal research into (Reprinted with permission) Games of Austin, said that the seizure of the Electronic Communications Privacy Act. Steve Jackson Games/ three computers violated the Privacy Protec­ It was our contention that the county vio­ Secret Service wrapup tion Act, which provides First Amendment lated the ECPA in taking the computer with­ protections against seizing a publisher's out proper warrants when they went after By Joe Abernathy, Copyright 1993, works in progress. The lawsuit further said Alcor. Houston Chronicle, reprinted with permis­ that since one of the computers was being The county eventually paid the 15 of us sion. used to run a bulletin board system contain­ who filed the suit $30,000 in an out-of-court AUSTIN -An electronic civil rights ing private electronic mail, the seizure vio­ settlement. case against the Secret Service closed lated the Electronic Communications But that is not the end of the story. My Thursday with a clear statement by federal Privacy Act in regards to the 388 callers of presence on the computer nets made me District Judge Sam Sparks that the Service the Illuminati BBS. aware of other cases where law enforcement failed to conduct a proper investigation in a Sparks grew visibly angry when it was agents violated the same statutes. The re­ notorious computer crime crackdown, and established that the Austin science fiction search I did, and the papers filed by our at­ went too far in retaining custody of seized magazine and game book publisher was torneys, have been sent out in a dozen cases equipment. never suspected of a crime, and that agents where others got the same treatment. One of The judge's formal findings in the com­ did not do even marginal research to estab­ those cases was the Secret Service raid plex case, which will likely set new legal lish a criminal connection between the firm against Steve Jackson Games. The treatment precedents, won't be returned until later. and the suspected illegal activities of an of Steve Jackson was such a flagrant A packed courtroom sat on the edge of employee, or to determine that the company violation of civil rights that it caused an the seat Thursday morning as Sparks sub­ was a publisher. Indeed, agents testified that entire new organization, the Electronic jected the Secret Service agent in charge of they were not even trained in the Privacy Freedom Foundation, to come into exis­ the investigation to a grueling dressing­ Protection Act at the special Secret Service tence. (The main EFF founders were Mitch down. school on computer crime. Kapor (founder of Lotus), Steve Wozniak The judge's rebuke apparently con­ "How long would it have taken you, (co-founder of Apple), and John Gilmore vinced the Department of Justice to close its Mr. Foley, to find out what Steve Jackson (an early Sun employee and former business defense after calling only one of the several Games did, what it was?" asked Sparks. "An partner of mine).) government witnesses on hand. Attorney hour? I contacted Steve Jackson and sent him Mark Battan entered subdued testimony "Was there any reason why, on March my legal research as soon as I heard about seeking to limit the award of monetary 2, you could not return to Steve Jackson his problems over the net. Later that year, damages. Games a copy, in floppy disk form, of Steve was invited to the Hacker's con­ Secret Service Special Agent Timothy everything taken? ference (an annual event started by and still Foley of Chicago, who was in charge of "Did you read the article in Business affiliated with the Whole Earth Review). I three Austin computer search-and-seizures Week magazine where it had a picture of met him there, where I was also handing out on March 1, 1990, that led to the lawsuit, Steve Jackson- a law-abiding, tax-paying Alcor literature. Steve read the literature, stoically endured Spark's rebuke over the citizen - saying he was a computer crime joined Alcor, and is now the center of an Service's poor investigation and abusive suspect? "interested in cryonics" group in Austin, computer seizure policies. While the Service "Did it ever occur to you, Mr. Foley, Texas. He is also a frequent poster on Kevin has seized dozens of computers since the that seizing this material could harm Steve Brown's CryoNet. With these connections crackdown began in 1990, this is the first Jackson economically?" established, it seems appropriate to reprint case to challenge the practice. Foley replied, "No, sir," but the judge the following newspaper article. "The Secret Service didn't do a good offered his own answer.

12 • Cryonics • March 1993 "You actually did, you just had no idea "That's what makes you mad about this tronic mail is not "intercepted" when a BBS anybody would actually go out and hire a case." is seized. This argument rests on a narrow lawyer and sue you." The Justice Department contended that definition of interception. More than $200,000 has been spent by Jackson Games is a manufacturer, and that the Electronic Frontier Foundation in bring­ only journalistic organizations can call upon [Those who are interested in further back­ ing the case to trial. The EFF was founded the Privacy Protection Act. It contended that ground can read The Hacker Crackdown by by Mitchell Kapor amid a civil liberties the ECPA was nol violated because elec- Bruce Sterling.- Ed.] movement sparked in large part by the Secret Service computer crime crackdown. "The dressing-down of the Secret Serv­ How Many Are We? ice for their behavior is a major vindication of what we've been saying all along, which is that there were outrageous actions taken Alcor has 353 Suspension Members, 480 Associate Members against Steve Jackson that hurt his business (includes 127 people in the process of becoming Suspension and sent a chilling effect to everyone using Members), and 26 members in suspension. These numbers are bulletin boards, and that there were larger broken down by country below. principles at stake," said Kapor, contacted at his Cambridge, Mass., office. "We're very happy with the way the case came out," said Shari Steele, who at­ tended the case as counsel for the EFF. "That session with the judge and Tim Foley is what a lawyer dreams about." That session seemed triggered by a riveting cross-examination of Foley by Pete Kennedy, Jackson's attorney. Kennedy forced Foley to admit that the search warrant did not meet even the Ser­ vice's own standards for a search-and­ "". seizure, and did not establish that Jackson Games was suspected of being involved in ' any illegal activity. "Agent Foley, it's been almost three years. Has Chris Goggans been indicted? l Has Loyd Blankenship been indicted? Has Loyd Blankenship's computer been returned to him?" Country Members Applicants Subscribers The purported membership of Jackson Argentina 0 1 1 Games employee Blankenship in the Legion of Doom hacker's group triggered the raids Australia 13 1 4 that day on Jackson Games, Blankenship's Austria 1 0 1 home, and that of Goggans, a Houstonian Canada 10 4 27 who at the time was a University of Texas Costa Rica 0 0 1 student. No charges have been filed, al­ Denmark 0 though the computer seized from Blanken­ 0 1 ship's home - containing his wife's Estonia 0 0 1 dissertation - never has been returned. Finland 0 0 1 After the cross-examination, Sparks France 0 0 4 questioned Foley on a number of key details Germany 1 1 before and after the raid, focusing on the 1 holes in the search warrant, why Jackson Holland 0 1 0 was not allowed to copy his work in pro­ Italy 0 2 2 gress after it was seized, and why his com­ Japan 2 1 0 puters were not returned after the Secret Lichtenstein 0 Service analyzed them, a process completed 0 1 before the end of Marcil. Lithuania 0 0 2 "The examination took seven days, but Russia 0 0 1 you didn't give Steve Jackson's computers Spain 6 2 0 back for three months. Why?" asked an in­ Sri Lanka credulous Sparks. "So here you are, with 0 0 1 three computers, 300 floppy disks, an owner Sweden 0 0 2 who was asking for it back, his attorney call­ U.K. 13 5 8 ing you, and what I want to know is why U.S.A. 307 105 296 copies of everything couldn't be given back in days. Not months. Days.

Cryonics o March 1993 o 13 regulate (and put out of business) cryonics, and to prohibit members of the public from Motion for Award of Attorneys' Fees seeking cryonic suspension, which was otherwise a valid testamentary disposition of the body of a deceased. In 1988 the David E. Epstein Registrar amended tl}e instructions con­ cerning the registering of death certificates and the issuance of permits for the disposi­ Here is the main text of Alcor' s Motion for Award of Attorney's Fees in the Roe v. tion of bodies by providing that cryonic Mitchell (Alcor versus the California State Health Department) litigation. See Up Front suspension was not an acceptable entry for an overview of its points and purpose. Anyone interested in receiving a copy of the full under the category "Scientific Use."5 text of the fee motion for $10 should contact Alcor directly. The effect of the instruction was that local registrars were directed (1) not to record deaths and issue death certificates MEMORANDUM OF POINTS AND has designated Alcor as a donee of his for those who were unarguably deceased, AUTHORITIES body pursuant to the Uniform Anatomical and (2) not to issue permits for disposition Gift Act ("U.A.G.A."), embodied in where the decedent had directed, pursuant This motion is made seeking reimbur­ Health & Safety Code§§ 7150, et seq., to the U.A.G.A., that his or her body be sement to plaintiff Alcor's attorneys' fees with directions that, upon pronouncement placed in cryonic suspension. (Since for two separate reasons, one of which of death, his body is to be placed in California law prohibits the disposition of focusses on the conduct of plaintiffs, the cryonic suspension. In September 1989, a body unless the County Recorder first other on the conduct of defendants and Alcor and the other plaintiffs filed their has registered a death certificate and their counsel. First, plaintiffs have vindi­ second amended complaint, adding Merkle issued a disposition permit,6 the effect of cated the important right for members of and Henson. The purpose of the amended the registrar's instructions was that cryonic the public as a whole to provide for the pleading was to bring before the court the suspension became unlawful per se, and testamentary disposition of their remains combined interests of Alcor and its in­ those who sought to dispose of their in a manner which does not affect public dividual members. remains in an otherwise lawful manner safety, a right implicating both a statutory were deterred from doing so.) policy and a liberty interest abiding in con­ B. The Defendants In addition to the Handbook amend­ ceivably the entire population_! Under both Defendant Kenneth W. Kizer, M.D. is ments, defendant Mitchell sent specific in­ the statutory provisions of C.C.P. § 1021.5 Director of the Department of Health Ser­ structions by letter to the local registrar in and common law qui tam doctrine Alcor vices and, by statute, also the State Riverside County where Alcor maintains should be compensated for its attorneys' Registrar of Vital Statistics.3 Defendant its facility and urged criminal prosecution fees by the defendants. David W. Mitchell is the Chief of the Of­ of the plaintiffs. Second, defendants' conduct was fice of the State Registrar.4 "Existing California statutes provide no found to be "arbitrary and capricious" and, Division 9 of the Health & Safety basis to authorize cryonic facilities to as provided in Government Code § 800, Code commencing with § 10000 contains store human remains. Therefore, if the Alcor is entitled to its attorneys' fees up to the statutory provisions for the main­ ALCOR Foundation has any bodies or $7,500.00. Closely related to this was their tenance of vital statistics in California. body parts stored in the facility, the behavior and that of their attorneys in this The State Registrar is charged with the ex­ Foundation is guilty of a misdemeanor litigation, which was in bad faith. As to ecution of that Division and has super­ (Health & Safety Code § 7054) and that behavior monetary sanctions should visory power over the local registrars. (H. should be reported to the local district be imposed under C.C.P. § 128.5 in the & S. Code § 10026.) He has the statutory attorney for investigation and prosecu­ amount of plaintiffs' attorneys' fees. Each duty to prepare and issue detailed instruc­ tion as appropriate. "7 ground will be taken up in turn. tions for the maintenance of a satisfactory registration system. (Health & Safety Code II. I. § 10031.) The local registrars enforce the Procedural History 8 Introduction provisions of the Division under the super­ vision and direction of the State Registrar. A The Complaint A. The Plaintiffs (H. & S. Code § 10054.) Any local regi­ This lawsuit was filed in August 1988 Alcor is a voluntary cryonics or­ strar who fails to comply with the instruc­ on behalf of Alcor and John Roe, a mem­ ganization involved in the development tions issued by the State Registrar is guilty ber of Alcor who was then terminally ill. and practice of cryonic suspension. Alcor of a misdemeanor. (H. & S. Code §10678.) The gist of the action as filed was that the supports research and the gathering and Registrar's Instructions to refuse to regi­ dissemination of scientific and other C. Death Certificates and Disposition ster a death certificate and to issue a dis­ educational materials on the subject of E.ermi1:s. . position permit (VS-9 Permit) for a body cryonics and other subjects relating to the Although the position of the Registrar to be placed in cryogenic suspension was field of life extension.2 is a statistical one, including the "registra­ an arbitrary and unreasonable exercise of Individual plaintiffs Ralph Merkle tion" of deaths, the Registrar here sought the police power which violated the con­ and Keith Henson are members of Alcor to use his statistical functions to enforce a stitutional rights of both John Roe and and, along with 170 other members, each policy established within his office to Alcor.

14 • Cryonics • March 1993 From the October, 1988 STATE Of CAlifORNIA-HEAlTH A>=ND=W~E>=lF~AR>=E~A~GE=N,;,CY======~GE=O~R~G~EO=E~U~K~M~EJ~IA~N~, G~o~VO~rn=D' Cryonics DEPARTMENT OF HEALTH SERVICES OFFICE OF THE STATE REGISTRAR Of VITAL STATISTICS 410 N STREET On S eptembcr 25th, Alcor SACRAMENTO, CA 95814 June 28, 1988 member "John Roc" (a legal pseu­ (916) 445·2684 donym being used to comply with ''Mr. Roc's" desire for privacy) Edward J. Gallagher. M.D. entered aLos Angeles~area hospital Riverside County Health Department and Local Registrar of Births and Deaths for treatment of a very serious and Post Office Box 1370 imminently life-thr.eatening Riverside, CA 925,02 AIDS~related infection; Mr. Roe Dear Doctor Gallagher: was. al~non admission, andhe is.an This is in response to your letter dated May 18, 1988 regarding intelligcn,t, articulate, pleasant, and the storage of the remains of a Florida decedent at the ALGOR i~~rcssivc man .. ,. Mr. Roc, his Foundation. physician; and AI cor informed the As you are aware, instructions from the Office of State Registrar hospital of his long-standing arranc are very specific regarding allowable conditions under which gements for sryonic susp~nsion and Permits for Disposition of Human Remains may be issued. Existing California statutes provide no basis to. authot:ize cryonic as keel for noninterference in· oxecu- facilities to store human remains. Therefore, if the ALGOR . tion of)hcsc arrangements; prin~ Foundation has any bodies ot: body pat:ts stored in the facility, the Foundation is guilty of a misdemeanor (Health and Safety Code c:ipally that Mr, Roe be promptly Section 7054) and should be t:epot:ted to the local District . pron,mn'lcsd)sgally dead (after ces­ Attorney for investigation and prosecution· as appropriate . .sation ofheartbcat and breathing) If you have further questions. I can be reached at (916) 445-1719. and thafAlcor be given immediate •• access to hi111 in order to s.tabilize and transport him to the. Alcor . facility; · · · The h6spital not only refused !~ David Mitchell, Chief to coopcratejnprompt pronounce~ Office of State Registrar ment of legal.dettth but also refused to releaseMr. Roc to us eve;zaji'ercllnical and legal deatlllwd been protzounced/...... • . ..·. . .. .· . The rcasonthc hospital cited in their refusal to release Mr. Roe to Alcor was that in their opinion"Alcordocs not have the legal right to .havsor hold human remains.~' This statement apparently comescounesy of the State of California J:)epHens?n,'s diligent efforts under the California Freedom of Information Act we have copies of some of their internal correspondence, Make no mistake aboutit,thc DHS bureaucrats W!mt cryonics destroyed. · This situation is an intolerable one and leaves us with no choice but togo into court as soon as possible to try and obtain preliminary restraining order to give us access to Mr. Roe and to any other A! cor member who may experience ischemiC coma before the DHS lawsuit is resolved.

In December 1988, John Roe was other individuals whom Alcor maintains in for "scientific usc" under the U .A.G .A.10 pronounced dead and his body was placed cryonic suspension. (Among other things From this simple instruction flowed much in cryonic suspension.9 Pursuant to the the effect of this litigation will achieve the harm, including not only inaccurate record defendants' instructions, no death certifi­ salutary result that the defendants' statis­ keeping but also state sanctioned dis­ cate was registered and no disposition per­ tics- which they are statutorily charged crimination against those who wished to mit was issued. Thus, by reason of his own to keep- will finally be accurate.) be cryonically suspended, as well as dis­ instructions, the State's keeper of vital crimination against their heirs. statistics had no record of the death of B The Defendants' Various Positions Mitchell was deposed in November John Roc and the disposition of John During the Litigllli.un 1988 and was questioned extensively Roe's body, insofar as the Registrar is con­ The initial instruction which gave rise regarding the basis for his department's cerned, never occurred. The same was to this action provided simply that cryonic policy. He testified that the language ex­ also true of many of the remains of the 15 suspension did not qualify as a disposition cluding cryonic suspension as a "scientific

Cryonics • March 1993 • 15 use" was new and had been added that facility.22 At the same time, Renken ack­ licensed either as a cemetery or as a donee spring in response to an inquiry from nowledged that "at this time, it is the pursuant to the U .A.G .A., 26 as defendants Riverside County. 11 Mitchell's understand­ policy of the department that cryogenic conceded that they no longer contended ing of cryonic suspension was based on a suspension would never be an appropriate that cryonic suspension was injurious to newspaper article he had read "plus, entry for disposition permit.23 (If not an the public health or welfare.27 probably to a degree, some imagination."12 "appropriate entry," the death could not be At the conclusion of formal discovery Mitchell's department had made no deter­ registered, nor a death certificate nor dis­ defendants had conceded every objection mination that cryonic suspension, when position permit issued.) Finally, Renken to acknowledging thelegal death and dis­ carried out properly, presents any threat or conceded that the instruction in the Hand­ position of Alcor members whose bodies danger to public health, nor was it incon­ book that "scientific use does not include had been placed in cryonic suspension sistent with the protection of human dig­ cryonic suspension" was overbroad.24 save one: That Alcor was not licensed as a nityP As to the department's position that Defendants' interrogatory responses "donee" (or "procurement organization") cryonic suspension was unlawful, Mitchell following Renken's deposition formalized under the U.A.G.A. 28 conceded that there was no statute address­ abandonment of Mitchell's position that Plaintiffs sought to apply for a license ing cryonic suspcnsion.14 He testified that it was the policy of his department that, if a Riverside Press-Enterprise, September I, 1988 statute docs not expressly per- • • mit a type of disposition, it is prohibited.15 I VICtim SU s state t Mitchell's testimony ini­ tially reiterated his instruction that cryonic suspension is not II freezing f a scientific usc. 16 However, he By DON BABWJN for Alcor. "We don't want him in future date an effective treatment conceded that he had made no The Press-Enterprise a position where some hospital and cure will be discovered." inquiry as to whether any Fearing the state might try to administrator can come in and The suit contends Roe has the prevent his body from being fro· stop it." legal right to control the disposi· fields of scientific research tion of his body. zen when he dies, an AIDS victim The registrar's office, which benefitted directly from the and longtime member of the Riv· The suit comes three months is responsible for birth and death after the Riverside County Health development of cryonic sus­ erside·based Alcor Life Extension certificates, and the state health Foundation has sued state health Department refused to issue Alcor 17 department require permits to a permit to store the body of a pension procedures, he did officials over regulations that pro­ dispose of remains. State law au· hibit cryonic suspension. Florida man that was brought to not know whether cryonic sus­ thorizes three methods of disposal Alcor's Riverside facility. Alcor The suit, filed in Los Angeles - cremation, burial and donation pension benefits medical County Superior Court this week went ahead and froze the body. 18 for scientific purposes - accord· science or not, and he had on behalf of Alcor and a man ing to Peter Weisser, a spokesman And in northern California in June, Trans Time Inc. moved the made no attempt to find out if using the pseudonym "John Roe," for the state department of health seeks a court order to allow the body of an 87-year-old woman to services. Cryonic suspension is not its facility after being told by the there were areas of research man's body to be frozen in liquid recognized as legal by the state. which benefitted directly from nitrogen in the hopes it can be coroner's office in Alameda Coun· Weisser said the department ty not to do so. cryogenic suspension proce­ revived at a later date. would not comment on the suil 20 The suit names as defendants Roe and Alcor say that Roe, When the Florida man's body dures,19 as in fact there arc. David W. Mitchell, chief of the who cites prominence in his pro· was frozen, Mitchell, whose office Ultimately, Mitchell Office of Registrar, and Dr. Ken· fession as the reason for remain· advised the county not to issue the neth Kizer, director of state ing anonymous, has been diag· permit, said of Alcor's actions: "It changed his position and con­ health services. nosed as having AIDS. He has looks pretty convincing that they ceded that cryonic suspension "We want the court to make made financial arrangements to broke the law." might be a valid scientific usc, it clear that this guy can be fro· have his body cryonically sus· And in a letter written ·in zen," said Saul Kent, a spokesman pended in the hopes that "at some (See FREEZING, Page B·2) but that Alcor still could not qualify as a donee under the U.A.G.A. because it was not a facility with cryonic suspension was unlawful: as a "procurement organization" but defen­ its main purpose being medical research.21 "RESPONSE TO INTERROGATORY dants had no procedure for issuing such a (The U.A.G.A. says nothing about a "main NQJ: license and they further contended that purpose.") It is not plaintiffs' [Bi.c.: defendants'] they were without the power to establish Mitchell identified Earl Renken as the contention that the process of cryonic such procedures or issue such licenses. person in his department most knowledge­ suspension is unlawful. It is plaintiff's At the same time defendants declined able on the subjects of scientific use and [.si!;_] contention, however, that the to retract their contention that, unless cryonic suspension. Renken was deposed storage of dead bodies at facilities un­ Alcor was licensed as a "procurement or­ on January 12, 1990. By that time, the licensed for such storage is not ganization" defendants would not register January 1990 version of the Registrar's authorized under current law."25 a death certificate nor allow to be issued a Handbook had been prepared with certain Having lost the underpinnings for the permit for disposition in the case of any organizational changes but containing the position it took which engendered this body entrusted to Alcor for cryonic sus­ same provision tha~ "scientific use does litigation (and for which defendants had pension. not include Cryog~nic Suspension." tried to have plaintiffs criminally prose­ On July 13, 1990, defendants' counsel Renken testified that whether a body was cuted), the focus of defendants' objection advised plaintiffs' counsel that defendants placed in cryonic suspension or not really to registering and issuing death certificates had withdrawn the official instruction that was of no concern to the department pro­ and issuing disposition permits had shifted cryonic suspension was not a scientific vided the body was placed in a licensed to the question of whether the facility was use. A new instruction was to be provided

16 o Cryonics o March 1993 reciting, in substance, that "scientific use" From the might include any form of disposition (in­ CAROL 0. SCO'l"l', ESQ. PAUL C. BAUDUCCO, ESQ. November, 1988 cluding cryonic suspension) provided that LEWI'l"l', HACKMAN, HOEP'i'LIN, SHAPIRO £ MARSHALL A LAW CORPORATION 16633 Ventura Boulevard Cryonics the disposition was to a licensed donee Suite 1100 Encino, California 91436-1870 (e.g., a procurement organization) under 'l'elephonez (QlB) 990-2120 On Friday, October the U.A.G.A. Defendants' counsel advised Attorneys for Defendants 14th, Superior Court Judge that she would provide, by facsimile, a Aurelio Mufioz granted copy of the revised portion of the Hand­ Alcor temporary restrain~ 8 SUPERIOR COURT OF THE. STATE OP CALIFORNIA a book. FOR THE COUNTY OF LOS ANGELES ing orderpreventing the has-. Based upon these representations, the lO pita! from: parties incorporated in their Stipulation Re JOHN ROE, and ALCOR LIFE CASE NO. C697U7 '' ... preventing, restrict, EXTENSION FOUNDATION, INC, 1 a California Non-profit DATEr October 14 1988 Statements of Fact, the recitation that: 1 ing or in any ma!mer what~ Corporation, TIMEr lrJO P.M. DEPTr 47 "Scientific use as prescribed in defen­ Plaintiffs, soever interfering .!vlth the MEMORANDUM OF POINTS AND application.ofaportable dants' Handbook is intended to include vs. AUTHORITIES AND DECLARATIONS IN OPPOSITION TO EX PARTE disposition to any eligible donee under DAVID W. MI'l"CHELL, KENNETH W. MOTION FOR TEMPORARY resuscitator, after the pro­ ltiZER, H,O, 1 M.P.H., OFFICE RESTRAINING ORDER & OF THE STATE REGISTRAR, nouncement of ltis "legal the U.A.G.A. as specified in Health DEPARTMENT OF HEALTH ~ERVI~S, and DOES 1 to 100, deqth" by a licensed physi­ Safety Code§ 7153(a) whether the dis­ l.nclu.rn.vo, cian, to the badyof]olw position is by cryonic suspension or Defendanta. otherwise."29 Roe at the hospitalfacility The parties also stipulated to the fact ~~~ated at4929 Van Nuys that: 1. INTRoDucTioN. Boulevard, Vm1 Nuys, Cali- ·~joHN ROE, an AIDS patient at ~lvs Community fornia for SUCh period of "The State Department of Health Ser­ 24 Hospital (tho .. ~llospital") and ALCOR LIFE EXTENSION FOUNDATION, fiflle, JtO(. /();exceed l)V(} vices has no procedure or mechanism 25 INC. ("ALCOR"l ask this Cou . <... . . director and the transportof received from defendants' counsel, by fac­ his body,r:fterthe.applicatlon ofthep~rwble resuscitator, from .the hospital." simile, the "revised" Section 10.0. of the J:he hospitalf?ughtAlc?reyerystcpofthe way. In a six page brief filed by the hospi­ Handbook ("July 1990 version") (a copy talin opposiliopt() Alcor's rcctuest for aTR(), .the hospitaland its legalstaff trotted out just of which was attached to plaintiffs' sum­ about.evcry.argument agll:instcryon)~$.imaginablc. We summarize [two] of the more inter- mary judgment motion as Exhibit "BB"). esting .ones belo:v: < < •••.•. ••. Contrary to the Stipulation agreed to by ...... • .... They• !l'ere gl~·o ·cont:erne(/.'~abou~ ur~,.e,~olvedbioethic(lt.issues concerning the pro~ defendants, the July 1990 version did not cedure~" < .·•· . . } <• • k< ...... •····•···.· • ...... ·.· withdraw the original instruction that ··•·········· Il}.other :vord~, what will :ve.qo~q~lll~ overpopn1ation, world hnnger,andallocation of cryonic suspension is not a scientific use. resourc~sifth~s cr~onics ~hingcat?hcson~;.l...... •.•. ·.. ·•·. While the wording has been changed, the Finally, ':Atcor is requ~sting th~tafter a p1'01Wili1Cement oj death, that A.lcorpe~­ substance was precisely the same: s~imet be permitt~d to injecfMr. Ro~'s remainswith a bMbiturate: .The purpose of the "The holding of human bodies in cry­ injecti~lf is. to prevent Mr. Roe[rom ~~l!~ning back to life' once he is placed .onthe heart-lung resuscitator ttzachine .... proposed action raises the issue of eutlumasia onic suspension does not constitute the Tilis < operation of a cemetery, nor does ar­ which iscurrentlyillegal;" ....·. This l1tst objection ca11sed the judge considerable a111usemenl. As he was at pains to ranging to have one's body so placed point o11t, if thehospitalpronouncedth~pa~ientlegally dead by current criteria and Alcor · meet the scientific use requirements of was ab~e to revive the patient~ thcn.thatw?uld be amaj?rmedical advance and a mar\!~! for the Uniform Anatomical Gift Act." thewodd!)n other words; you C.ll:ll't kill!\ dead person; This is something the Riverside While the Registrar conceded that . Corillt)r Coroner has yet to figure out;.\ cryonic suspension was lawful and that it The arguments the hospital usedinth()Roe case against Alcor pointouttwo funda~ may in fact be a "scientific use," as had mentaLproblct~1S that both the medicalestll:blishment and cryonics are going to have to con~ been clearly demonstrated in the defen­ fr()nt,alld indeed arc even now in the process of confronting. When is dead really dead, and dants' depositions, Mitchell refused to act where docsmedi cine end and post~mortcm procedures begin'/ The medical establishment accordingly and, instead, imposed the new ca~not have it both ways, They cannot co11tinue lo pronounce people dead upon the basis of requirement that Alcor first had to obtain a arbitrary, and nbovc all convenient, functional criteria and then accuse cryonicists of eutha­ license, although licenses were not issued nasia or murder for proceeding to resuscitate and crankily suspend the same patients .... by the Registrar and he claimed to be without the power to issue them. denied. Plaintiffs then lodged a proposed its Order in which it specified in written Judgment and a separate order on the sum­ form its prior rulings announced from the k.En.tr_y of Summary Judgment mary judgment motions which tracked this bench. Among the issues without substan­ Plaintiffs' motion for summary judg­ Court's oral pronouncements articulated at tial controversy was Issue No. 1 which ment and defendants' cross motion were the hearings. Defendants objected, con­ found argued at hearings on September 27, 1990 tending that the Court had not ruled as in "[D]efcndants' instructions and poli­ and October 2, 1990. At the conclusion of fact it had, and they filed a frivolous docu­ cies .... are invalid as an impermissible the second hearing plaintiffs' motion was ment to this effect. interference with the rights of the in­ granted and defendants' motion was On October 25, 1990 this Court filed dividual plaintiffs to determine the dis-

Cryonics • March 1993 • 17 position of their own bodies." defendants] to render Alcor's operations have litigated as if the ethical standards The Court also found in Issue No. 2 illegal" and the suggested subterfuge of which govern counsel's conduct do not that licensing Alcor as a cemetery or mauso­ apply to the Attorney General's deputies "Defendants' refusal to permit the leum, Roc v. Mitchell, supra, 7 Cal. and as if national security depended on the registration of deaths and the issuance App.4th at ___ , 9 Cai.Rptr.2d 572, outcome they sought and pursued through of disposition permits for persons who 573-574. The Court also commented that phony stratagems and arguments. have directed that Alcor [be] donee the defendants' claimed authority for their under the [U.A.G.A.], on the grounds position in refusing to register death cer­ 1II. that cryonic suspension is not a scien­ tificates or issue disposition permits, 63 J>Jajntif'fs Are Entitled to their tific use, is arbitrary and capricious and Ops.Cai.Atty.Gen. 879 (1980), was "total­ Attorneys' Fees Under therefore invalid." ly inconsistent" with the position they as­ Either C.C.J>. § 1021.5 or Non Statutory The Court further found that the serted in their Reply Brief, id. at p. 574. Qui Tam Doctrine 31 defendants had violated Alcor's rights of After disposing of the inconsistent due process (Finding No.4), had adopted arguments being advanced and relied upon A, C,C,P. § 1021.5 Allows an Award regulations contrary to the requirements of by the defendants, including a purported of Attorneys' Fees the Administrative Procedure Act (Finding lack of "authority to determine whether or Under C.C.P. 1021.5 attorneys' fees No. 5), and had exceeded their statutory not cryogenic suspension .... constitutes may be awarded in "public interest" litiga­ authority and violated their statutory duties valid science research ... ," id. at p. 575, tion to the successful party (Findings Nos. 6 & 7). On the same date and "serious questions" which would be "against one or more opposing parties the Court entered its Judgment to the same presented if the cryonically suspended in any action which has resulted in the effect and enjoined defendants from inter­ were to return to life, id. at pp. 574-5, the enforcement of an important right af­ fering with the registration of deaths and Court of Appeal found that Defendants' fecting the public interest if: (a) a sig­ issuance of disposition permits of "shift in position [did] not aid Alcor nificant benefit, whether pecuniary or deceased persons who had designated since [defendants] refuse[] to recognize non pecuniary, has been conferred on Alcor as the U.A.G.A. donee. Alcor as a 'procurement organization' the general public or a large class of for purposes of the [U.A.G.A.], the persons, [and] (b) the necessity and D, The Defendants' New Position on donee category in which Alcor might financial burden of private enforcement App.e.al. fit, [and that u]nderstandably the trial are such as to make the award ap­ The defendants appealed. On appeal, court declined to accept this 'catch-22' propriate ...." in addition to recycling the arguments approach which exposes Aleor to Case law has established that the three made in the trial court ("that which is not potential criminal liability." criteria under C.C.P. § 1021.5 are the fol­ permitted is prohibited," "the defendants Id. at 575. The Court also expressed lowing: (1) The public policy vindicated lack authority to proceed," "gaps have to bemused confidence in the ability of the by the litigation; (2) the number of people be filled by the legislature," "Alcor must Legislature to deal with the cryonically standing to benefit from the decision; and first be licensed," etc.), defendants in­ reanimated "at some future time," id. at p. (3) the necessity for private enforcement cluded the following in their Reply Brief 576, and affirmed this Court's judgment. and the result achieved. (at page 15): The decision of the Court of Appeal is The motion for such an award may be "Thus, the Department has encouraged now final, and neither party has sought a made (and is probably best made) after Alcor to obtain a license as a cemetery rehearing in the Court of Appeal or review judgment is final, Citizens Against Rent or mausoleum or appoint another en­ in the Supreme Court. Control v. City of Berkeley (1986) 181 tity, such as a research institute, hospi­ Cal.App.3d 213, 226 Cal.Rptr. 265; tal, or physician, as the donee under the F, Other Post Judgment Conduct of United Firefighters of Los Angeles v. [U.A.G.A.] so that Alcor's members Defendants City of Los Angeles (1991) 231 can have their bodies or body parts While the appeal in this case was Cai.App.3d 1576, 283 Cal.Rptr. 8. (The cryonically suspended legitimately. pending, defendants intentionally failed to remittitur has not yet been issued by the However Alcor has refused to do so." comply with this Court's Judgment, and Court of Appeal, but plaintiffs believe this The Court of Appeal requested addi­ refused to obey the terms of the injunction motion is not pre-mature and that this tional "letter briefing" on specified issues which was entered. Court can take judicial notice of the Court apparently as a result of this passage in the As this Court will recall, in April of of Appeal's decision.) Reply Brief, including the affect of 63 this year plaintiffs were required to apply As the California Supreme Court ob- Ops.Cal.Atty.Gcn. 879 (1980) (holding to this Court ex parte for relief so that the served in 1982 bodies in cryonic suspension does not con­ widow of Jerry Leaf could obtain a death "The private attorney general theory stitute the operation of a cemetery within certificate to establish her title to the fami­ rests on the policy of encouraging the meaning of H. & S. Code§§ 7003 or ly residence which she hac! held in joint private actions to vindicate important 8100) and whether defendants' suggestion tenancy with her husband until his death. rights affecting the public interest, was a subterfuge of the law. The position of the defendants, until this without regard to material gain. [] A Court intervened, was that by virtue of the central function is to call public offi­ E. The Decision of App.e.al appeal the enforcement of the injunction cials to account and to insist that they On June 10, 1992 the Court of Appeal was stayed. This conduct of the defendants enforce the law.[] Implicit is the recog­ issued its decision, which it subsequently was, sadly, merely typical of their disin­ nition that without some mechanism ordered be published on July 7, 1992. It genuous and misleading positions and authorizing the award of attomeys fees, referred to the "determined efforts [of the strategies throughout this case, which they private actions to enforce [] important

18 • Cryonics • March 1993 public policies will as a practical matter frequently be infeasible." Serrano v. Unruh (1982) 32 Cal.3d 621, 633, 186 Cal.Rptr. 754, 761 (citations and internal quotations deleted). In this case an award is appropriate since the litigation was engendered by the conduct of public officials who refused to enforce the law and who acted in violation of their statutory duties. Thus, private en­ forcement was necessitated by official ac­ tion which this Court concluded was lawless.32 In addition, as both this Court and the Court of Appeal observed, ad­ herence to the defendants' position would have "expose[d] Alcor to potential criminal liability," Roe v. Mitchell, 9 Cal.Rptr.2d at 575, and any criminal prosecution (which could have been suc­ cessfully defended as the result here demonstrates) would have been a waste of public funds, yielding an "internalized" public interest benefit which itself sup­ ports an award of attorneys' fees. See, e.g., Arrieta v. Mahon (1982) 31 Cal.3d 381, 182 Cal. Rptr. 770.33

B The Public Interest Which Was Advanced In addition to avoiding needless criminal prosecutions and making the Registrar's statistical records relating to deaths more accurate, plaintiffs have also advanced an important right which is potentially available to every member of the mortal public. That right is the power to determine the disposition of one's own body which attaches to the most fun­ damental values of a civilized society and carries with it religious, moral, ethical and social considerations which are instinctual­ ly basic to human existence.34 While there are no reported appellate opinions focusing specifically on this issue, statutory law speaks to the public policy inherent in the issue and there is a substantial legal foundation for the con­ cept of freedom of choice in directing the disposition of one's own body. The defen­ dants interfered with this right by taking a event of death, since it is society's impri­ remains of a deceased person, unless position whose deterrent effect was clear: matur on the fact of the deceased's pass­ other directions have been given by Anyone who sought testamentary disposi­ ing).35 the decedent, vests in ... the follow­ tion of his body in a nontraditional way The statutory basis for the public ing in the order named: [surviving will know that his heirs would not have a policy interest involved in having the right spouse, children, etc.] [Emphasis death certificate issued (even through he is to testamentary disposition of one's own added.] unarguably dead), and they would thus body is Health & Safety Code § 7100 **** have difficulty in clearing title to joint which provides, in pertinent part: "Directions of Decedent. A decedent, tenancy property, obtaining the proceeds "Right to control disposition of prior to his death, may direct the of insurance policies, and doing the other remains; duty and liability for inter­ preparation for type or place of inter­ things which normally require a death cer­ ment; devolution; prior directions of ment of his remains, either by oral or tificate (which itself also serves a societal decedent. Order of Devolution. The written instructions, ... The person or and psychological act of "closure" with the right to control the disposition of the persons otherwise entitled to control

Cryonics • March 1993 • 19 the disposition of the remains under the secution of certain Alcor members who went on to decide the case on its merits provisions of this section shall faithful­ had participated in the cryonic suspension and reversed the trial court. As in Kent v. ly carry out the directions of the dece­ of Dora Kent for violation of the Business Trask the court based its ruling on the dent subject only to the provisions of & Professions Code's prohibitions against constitutional right to privacy: this chapter with respect to the duties of the unlicensed practice of medicine. The "The right of a competent adult patient the coroner."36 Alcor defendants sought injunctive relief to refuse medical treatment has its On at least three occasions, trial courts in a separate civil lawsuit they filed on the origins in the constitutional right of have addressed the issue of cryonic claim that the threatened prosecution privacy. This nght is specifically suspension and, in various contexts, created an impermissible "chilling" of the guaranteed by the California constitu­ have acknowledged, both implicitly and constitutional right of each Alcor member tion (Article I, Section 1) and has been explicitly, the right of the individual to to direct the disposition of his body by found to exist in the 'penumbra' of direct the cryonic suspension of his or cryonic suspension. In a lengthy opinion, rights guaranteed by the Fifth and her body. Judge, now Justice, Timlin concluded: Ninth Amendments to the United States In Kent, et al. v. Carrillo, et al., "This court concludes that the Ad­ Constitution. (Griswold v Connecticut, Riverside Superior Court Case No. R herents, including Dora Kent, under Ar­ 381 U.S. 479, 484, 85 S.Ct. 1678, 191277, the Riverside Coroner threatened ticle I, Section 1 of the California 1681.) to thaw the remains of decedents in Constitution and the Fifth Ninth 'In short, the law recognized the in­ cryonic suspension at Alcor's facility. The Amendments to the United States Con­ dividual interest in preserving the 'i­ focus of the coroner's threat was the stitution have a right to privacy, which nviolability of the person' [citations]. remains of Dora Kent who had recently includes the right to exercise control The constitutional right of privacy died and had been placed in cryonic over his/her own body and to determine guarantees to the individual the suspension. The plaintiff, who was the whether to submit his/her body, or any freedom to choose or reject, or refuse to decedent's son, sought to enjoin the ac­ portion thereof, including the brain, to consent to, intrusions of his bodily in­ tions threatened by the coroner. In grant­ premortem cryonic suspension. (In tegrity.'" ing Kent's application, on February 1, ruling on the application, this court in 163 Cal.App.3d at 196, 209 Cal.Rptr. 1988, Judge Miceli specifically found that no way comments directly or indirectly at 225. the action threatened by the coroner on the wisdom of such a choice.)" In Bouvia the Court had an oppor­ "would be in violation of the rights of the (A copy of Judge Timlin's opinion tunity to review the Bartling decision and decedents" and that thawing the remains of was submitted with plaintiffs' summary to face the same issue in the context of a the decedents at the Alcor Foundation judgment motion as Exhibit "EE." The young patient who, while not terminally "would produce an irreparable injury." (A quoted matter is found at p. 11.) ill, was dependent upon extraordinary copy of Judge Miceli's minute order Judge The right to determine the disposition measures to sustain her life. The Court Miceli's minute order is submitted with of one's remains, after death, is a logical reiterated the principles articulated in Bar­ plaintiffs' summary judgment motion as outgrowth of the right to control one's tling. Exhibit "CC.") own body, the right to accept or reject "But if additional persuasion be need­ The second instance in which these is­ medical treatment, and the concomitant ed, there is ample. As indicated by the sues were presented to a trial court oc­ "right to die." The two most frequently discussion of Bartling and Barber, sub­ curred in this action nine months later in cited cases in this area are Bartling v. Su­ stantial and respectable authority October 1988. The context was the advice perior Court (1984) 163 Cal.App.3d 186, throughout the country recognizes the by Sherman Oaks Community Hospital, 209 Cal.Rptr. 220 and Bouvia v. Superior right which petitioner seeks to exercise. which was caring for John Roe, that it Court (1986) 179 Cal.App.3d 1127,225 Indeed, it is neither radical nor star­ would not honor his request to release his Cal.Rptr. 297. Both cases involved tlingly new. It is a basic and constitu­ body to Alcor at the time of his anticipated patients suffering from serious illnesses tionally predicated right. More than 70 death. On October 14, 1988, this Court which were probably incurable but which years ago, Judge Benjamin Cardoza ob­ issued a TRO and OSC re preliminary in­ had not been diagnosed as terminal. In served: 'Every human being of adult junction restraining the Hospital from in­ each case the Court of Appeal held that the years and sound mind has a right to terfering with the application of the initial patient had the right, over the objection of determine what shall be done with his cryonic procedures (the use of a portable physicians, hospitals and the State, to own body .... ' [Citation omitted.]" resuscitator) at the Hospital after pronoun­ direct the discontinuance of life-support or 179 Cal.App.3d at 1139, 225 Cal. cement of Roe's "legal death." While the measures or feeding despite the fact that Rptr. at 302. order did not mention cryonic suspension, that would hasten the patient's death. In a concurring opinion, Justice Com- both the moving and opposing papers, as In Bartling the patient had given pton poignantly observed that: well as the proceedings in open court, ad­ directions, both orally and in writing while "The right to die is an integral part of dressed the matter in the context of John competent, that life-support measures were our right to control our own destinies Roe's right to direct the disposition of his not to be administered to him. Bartling's so long as the rights of others are not body by cryonic suspension. application to the Superior Court to enjoin affected. That right should, in my The most recent and farthest reaching the hospital from interfering with the opinion, include the ability to enlist as­ Superior Court action occurred in Decem­ withdrawal of the life-support machinery sistance from others, including medical ber 1989, again in Riverside County, in the had been denied. Bartling applied for ex­ [professionals]. in making death as matter of Kent, et al. v. Trask, Riverside traordinary relief to the Court of Appeal painless and quick as possible. Superior Court Case No. 201022. That ac­ but, unfortunately, died the afternoon **** tion involved a threatened criminal pro- before the hearing. Nonetheless, the court If there is ever a time when we ought to

20 • Cryonics • March 1993 be able to get the 'government off our vindicate their "right to die" or refuse un­ ing and pursuing this motion is also com­ backs' it is when we face death -either wanted medical treatment or assistance, pensable. See, e.g., Californians for Re­ by choice or otherwise." but just as Ms. Bouvia was entitled to be sponsible Toxics Management v. Kizer37 179 Cal.App.3d at 1147, 1148, 225 compensated for her attorneys' fees in (1989) 211 Cal.App.3d 961, 259 Cal.Rptr. Cal.Rptr. at 307, 308. litigation vindicating her "right to die," so 599; Serrano v. Unruh (1982) 32 Cal.3d When one combines the legislative in­ do plaintiffs herein have the prerogative to 621, 186 Cal.Rptr. 754. tent evident in Health & Safety Code § their fees in litigation vindicating the right The policy rationale behind "fees for 7100 with the constitutional framework of all members of the public to have the fees applications" was simply stated in the provided in Bartling and Bouvia, it be­ testamentary disposition of their remains Serrano case, where the issue was whether comes apparent that there is ample con­ respected and enforced. Sec Bouvia v. fees for defending in the appellate court stitutional as well as statutory support for Glcnchur (1987) 195 Cal.App.3d 1025, the prior fees award should be also be the right to determine the disposition of 241 Cal.Rptr. 239 (award of attorneys' granted. There our Supreme Court granted one's own body, so long as the same does fees to Bouvia's counsel in subsequent additional fees for the appellate work not implicate some valid health and safety litigation therefor). necessary to defend the prior fee award concern. and noted: While there may not be many people C, Counsel Are Entitled to their Fees "it is established that fees, if recov­ who wish to be cryonically suspended, the for Preparing this Motion erable at all - pursuant to either right to testamentary disposition of one's If this Court finds that plaintiffs arc statute or parties' agreement - are own body overarches the limited cir­ entitled to reimbursement for their counsel available for all services at trial and on cumstances of such a situation. It may fees under C.C.P. § 1021.5, then the work appeal." similarly be argued that few people wish to performed by plaintiffs' counsel in prepar- Serrano v. Unruh, supra, 32 Cal.3d

Cryonics • March 1993 • 21 at 63'7, 186 Cal.Rptr. at 7 64. That being Court should undertake a hearing and reasonable attorney or other reasonable the case, either make new findings and conclusions person that the defense of this action by "We hold therefore that, absent cir­ and amend the prior findings and amend the defendant was totally and complete­ cumstances rendering the award unjust, the judgment (Mabee v. Nurscryland ly without merit." fees recoverable under section 1021.5 Garden Centers, Inc. (1979) 88 Cal. 230 Cal.App.3d at 227, 281 Cal.Rptr. ordinarily include compensation for all App.3d 420, 429, 152 Cal.Rptr. 31, 37) or at 229. From that point forward the court hours reasonably spent, including those make findings and conclusions by con­ awarded all of the plaintiffs' attorneys' necessary to establish and defend the sidering this a "collateral matter" after fees. - fee claim." judgment, Associated Convalescent In Southern Christian Leadership Id., 32 Cal.3d at 639, 186 Cal.Rptr. at Enters. v. Carl Marks & Co. (1973) 33 Council v. Al Malaikah Auditorium Co., 766, Cal.App.3d 116, 120, 108 Cal.Rptr. 782, supra, there was an issue of fact on which Thus, under C.C.P. § 1021.5, plain­ 785. Sec also California Attorney's Fee defendant's counsel relied in defending the tiffs are entitled to include as a portion of Award and l)ractice, supra, § 7 .4, p. 83 action, after learning that that fact was un­ their attorneys' fees award the fees at­ (CEB). true and could not be proven. In this case tributable to the making and prosecution of the only contested matters were issues of this motion. v. law, which remained the same from the Plaintiffs Are Entitled to Their commencement of the action through the IV. Attorneys' Fees Pursuant to C.C.P. § decision of the Court of Appeal. (Defen­ Plaintiffs Are Entitled to 121L.S_ dants' counsel herein has contended, in a $7,500.00 of their letter to the Court of Appeal opposing . Attorneys' Fees Pursuant to As this Court has been able to ob­ publication, that this case does not "estab­ Government Code § 800 serve, the conduct of the defendants was, lish a new rule of law or criticize an exist­ at best, arbitrary and capricious. But a ing rule ...." 39 As such, the law not Under Government Code § 800, more even handed characterization of having changed, and having been clearly regardless of the "public interest" nature defendants' position and their litigation violated, the defendants' defense was ad­ of the litigation, attorneys' fees up to conduct is that each was in bad faith. mittedly frivolous.) $7,500.00 (measured at a maximum Under such circumstances, a bad faith Beyond frivolity, however, was the $100.00 per hour), will be awarded to the defense, when coupled with bad faith con­ fact that defendants' position kept chang­ prevailing party litigating against the Gov­ duct by counsel in asserting the defense, is ing as the factual bases for the initial ernment when its actions requiring the sanctionable under C.C.P. § 128.5, and decision they had made were being evis­ litigation are found to have been "arbitrary monetary sanctions in the amount of plain­ cerated. Thus defendants' position kept and capricious," so long as the party­ tiffs' actually-incurred attorneys' fees shifting, and cryonics went from being il­ litigant is actually responsible for its fees. should be awarded against defendants and legal and contrary to the public health, to The award is essentially mandatory if the their counsel. (The fees should not include nothing of the kind. Defendants' conten­ requisites are met, notwithstanding that § - and plaintiffs have not sought - the tions that cryonics was not a "scientific 800 is phrased as permissive rather than fees attributable to the claims against use" of anatomical parts shifted to Alcor's mandatory, see Plumbing, Heating & Sherman Oaks Community Hospital.) lack of a license as a "procurement or­ Piping Employers Council v. Quillin A little over a year ago Division ganization" when the "scientific use" (1976) 64 Cal.App.3d 215, 134 Cal.Rptr. Three of the Second District of the Court claim was shown- indeed, admitted- to 332. of Appeal held that be false and pretextual. And all the while It has been noted that in this case this "[C.C.P. §] 128.5 applies to the oppos­ defendants were trying to justify a decision Court has specifically found that the con­ ing of an entire action without proper that was not based upon reason, experience duct of the defendants which necessitated justification, or to the interposing of a or the interpretation of statutes or the this litigation was "arbitrary and capri­ frivolous defense to an action." faithful execution of the laws with which cious." In the determination of Issue No. 2, Southern Christian Leadership they were charged. this Court found: Council v. AI Malailwh Auditorium Co. The bad faith conduct was not con­ "Defendants' refusal to permit the (1991) 230 Cal.App.3d 207, 226, 281 fined to the parties-defendant, however. It registration of deaths and the issuance Cal.Rptr. 216, 228. In that case the SCLC was compounded by their counsel before of disposition permits for persons who sued for breach of contract, and included a this Court in many ways, from misstating have directed that Alcor [bel donee bad faith denial of contract claim. The the facts, claiming that rulings which had under the [U.A.G.A.] .... is arbitrary defendant's defense was found to be sham occurred had not taken place, pursuing and capricious and therefore invalid." and plaintiffs prevailed on both the breach defenses that any reasonable attorney As set forth in the attached declara­ and bad faith denial claims. The trial court would see were nonsense as well as mis­ tion of David B. Epstein, Alcor has paid awarded plaintiffs their costs of prosecut­ stating the law. the attorneys' fees for which reimburse­ ing the suit under C.C.P. § 128.5 after As one example of this latter point the ment is sought in this motion38 (and partial finding "the defense in bad faith, frivo­ following is illustrative. Defendants as­ reimbursement in this portion of the mo­ lous, and intended solely to cause unneces­ serted a "Catch-22" argument that Alcor tion as to $7,500.00) and substantially sary delay." 230 Cal.App.3d at 226, 281 was not a licensed "procurement organiza­ more than 75 hours of work has been ex­ Cal.Rptr. at 228. The appellate court tion," and thus cryonic disposition was not pended on this case, making the "maxi­ quoted a portion of the trial court's find­ possible. When it was ascertained that the mum" awardable under § 800 the amount ings that at some point in the proceedings lack of license argument was the defen­ available in this matter. As a result, this "it should have become clear to any dants' fault and actually just another pre-

22 • Cryonics • March 1993 TOTLSAUL KENT. ET AL VS RAYMOND L. CARRI~LO, ET AL 2/1/88 10 R 191277

cou,. •• u•• Hinman Ashworth Relkus Maslh

P ..OCilllDINOI RULING ON ORDER TQ SHOW CAliSE AND TEMPORARY RESTRAINING ORDER

THE COURT FINDS: 1. That the coroner threatens to thaw the remains of decedents In cryonic suspension at the Alcor Foundation even though the Coroner has stated that he ha~ no intention "at this time to thaw out or otherwise remove them from cryon1c suspension which act would be in violation of the rights of the decedents. 2. That the Coroner threatens to thaw the remains of Dora Kent if and when such remains are found which act would be in violation of the rights of said decedent. 3. That the thawing of the remains of the decedents at the Alcor Foundation and of Dora Kent, if and when found, would produce irreparable injury. 4. No evidence that Dora Kent was alive when she was decapitated. s. That the coroner has not nor does he threaten to destroy or alter any form of death certificate pertaining to Dora Kent, whether Issued or not. IT IS HEREBY ORDERED that Raymond L. Carrillo, the Coroner of Riverside County, his agents, employees, attorneys and all other persons under his direction or control or acting in concert with him, are restrained and enjoined from engaging In or committing any of the following acts: 1 Removing or causing any of the remains of human bodies presently located in or" at the premises of Alcor Life Extension Foundation, 12327 Doherty Street, Riverside, California, to be removed from cryonic suspension unt11 further order of this Court. 2 In the event any further remains of Dora Kent are discovered and are in cryonic suspenSion, from removing or causing such remains to be removed from cryonic suspension until further order of this Court. Let a Preliminary Injunction Issue upon posting of a bond in the amount of $ 2,500.00. Counsel for moving party shall serve and present to the Court a form of written preliminary injunction in accordance with this order and file the undertaking on or before 4:30 pm, on 2/5/88.

MICELI (,..

,,, R/A I I CAL. 1/31 ATTY(S)., BOOTH(ss) MINUTES OF SUPERIOR COURT

text, defendlmts tried to shift the focus to other statutes mentioned "procurement or­ additional briefing on the issue and then their "lack of authority" to establish a ganizations,"40 thus giving defendants the pointed out in its opinion that this position licensing mechanism for "procurement or­ "authority" they claimed they lacked to es­ was a subterfuge and was inconsistent with ganizations." In this connection defen­ tablish a licensing mechanism, and putting the heart of defendants' position and their dants' counsel tried to substantiate the the lie to yet another of defendants' disin­ prior reliance on 63 Ops.Cal.Atty.Gen. 879 defendants' parsimonious reading of their genuous arguments. (1980). "authority" (which they otherwise had ex­ When the defendants got to the Court The defendants' position was merit­ ercised in a plenary fashion when seeking of Appeal they were undeterred. There less from the start, and any reasonable at­ to outlaw cryonics and criminally they again decided to try to win by using torney or other person should have known prosecute plaintiffs) by falsely claiming in yet another bad faith tactic. In their Reply so. When the lack of merit was demon­ her papers that "the only place where Brief (where, presumably, they would strated to defendants they decided to make procurement organizations are mentioned have the last word before oral argument) other pretextual arguments, some of which is Section 7150.1, entitled Definitions," they mentioned that Alcor could have were even contrary to their own legal and a definition is not a clear enough ex­ avoided all of this if it had just agreed to reasoning in first refusing to recognize preo.sion or manifestation of authority. pretend it was a cemetery or mausoleum. cryonics. All for the sake of winning. But (See Defendants' Reply, filed on August Fortunately someone was reading the it did not work. 30, 1990, p. 4, lines 4-6.) However, six briefs and the appellate court requested The Court of Appeal in Southern

Cryonics • March 1993 • 23 Christian Leadership Counsel v. AI Footnotes: The attorneys' fees sought in this motion Malaikah Auditorium Co., supra, ob­ are only for the legal work provided to the served Less than all members of the public may plaintiffs in connection with their claims "It is perhaps time that the courts, both seck to dispose of their remains in uncon­ against the State defendants, and no legal fees for work attributable to the conduct of trial and appellate, begin to speak and ventional but otherwise lawful ways, but this decision protects the right of all to the Hospital are included in this motion. react more forcefully with respect to choose, just as litigation vindicating the cases such as this one, Such an abuse of "right to die" -which was found to be 10 The term "scientific use" does not appear the legal system for not other purpose "public interest" litigation - may be either in the U.A.G.A. or in the statute than to avoid [losing] simply can no selected by only a few. See Part III, B, prescribing the permissible entries on the longer be tolerated. It is not fair to the below. permit for disposition. Health & Safety opposing litigant who is victimized by Code§ 10376. It derived from the Regi­ such tactics and it is not fair to the 2 Mondragon declaration at paragraph 4a.-k. strar's interpretation of the U.A.G.A. as greatly overworked judicial system it­ Carlos Mondragon, President of Alcor, sub­ necessarily engrafting an exception to the limitation on the types of dispositions per­ self and those citizens with legitimate mitted a declaration in support of plaintiffs' summary judgment motion. mitted by statute to be entered on the permit disputes waiting patiently to use it. In form. Stipulation Re Agreed Statement of those cases where such an abuse is 3 Health & Safety Code§ 10025. Facts, Fact. No. 2. The Registrar intended present, an award of substantial sanc­ "scientific use" to refer to "advancement of tions is proper." 4 These combined positions are responsible medical or dental science," which is the ac­ 230 Cal.App.3d at 228, 281 Cal.Rptr. for the enforcement and execution of the tual language of the statute. Mitchell depo., at 230 (quoting other cases; citations and provisions of Division 9, Vital Statistics, of p. 83, 11. 21-24. internal quotations omitted). Health & Safety Code§ 10000 et seq. and The Court of Appeal could have been have supervisory power over local registrars 11 Mitchell depo., p. 33, l. 21 top. 34, 1. 4. writing about this case. Even the Attorney who work under the direction and super­ vision of the State Registrar. Health & 12 Mitchell depo., p. 27, 1. 25 to p. 28, 1. 9. General and his deputies should be re­ Safety Code§§ 10026 & 10054. quired to litigate in good faith and sanc­ 13 Mitchell depo., p. 41,11. 20-23 and p. 42,11. tions here will send them the message. 5 Mitchell depo., p. 33, l. 21 through p. 34, l. · 16-26. This is especially true since of all counsel 11. in our overcrowded state courts, the Attor­ 14 Mitchell depo., p. 22, 11. 23-25. ney General and his deputies should be 6 Health & Safety Code§ 10375. working to minimize and resolve disputes 15 Mitchell depo., p. 37,1. 26 top. 38,1. 3. rather than trying to win at any cost. 7 Mitchell letter, June 28, 1988, Exhibit "E" to plaintiffs' summary judgment motion. 16 Mitchell depo., p. 46,11. 19-22. VI. 8 Because plaintiffs are seeking an award of 17 Mitchell depo., p. 56,ll. 18-23. Conclusion attorneys' fees as monetary sanctions under C.C.P. § 128.5, the recitation of the litiga­ 18 Mitchell depo., p. 70,1. 22 top. 71, 1. 1. Plaintiffs' should be awarded their at­ tion conduct of the defendants and their torneys' fees in the sum of $93,721.25. counsel is quite detailed and is highly per­ 19 Mitchell depo., p. 71,11. 16-24. The Court should find entitlement to the tinent to the decision which plaintiffs re­ full amount sought under C.C.P. § 1021.5 quest this Court make. 20 Contrary to Mr. Mitchell's assumptions, or the common law qui tam doctrine, or based in part on his imagination, the fact is both, and should further find the conduct 9 As this Court will recall, during the that cryonic suspension research and pendency of this action John Roe had been procedures conducted by Alcor contribute of the defendants in the litigation as of hospitalized at Sherman Oaks Community substantially to the advancement of medical sufficient bad faith as to warrant monetary Hospital, and was dying from the symptoms science. Six of the declarations submitted in sanctions in the amount of plaintiffs' attor­ of AIDS. When it appeared that Hospital support of plaintiffs' motion for summary neys' fees attributable to litigating this ac­ personnel would refuse to allow Alcor per­ judgment attested to various aspects in tion with the defendants under C.C.P. § sonnel to take possession of Roe's body which cryonic suspension procedures have 128.5.41 The Court should also find, as an after the pronouncement of his death so that contributed to the advancement of medical alternative ground, that $7,500.00 of the he could be cryonically suspended consis­ science. fees are separately justified under Govern­ tent with the practice of current medical ment Code § 800. science, plaintiffs herein, including Roe, 21 Mitchell depo., p. 80,11. 8-18. amended the complaint, added the. Hospital as a defendant, and obtained a temporary 22 Renken depo., p. 51, 11.7-11. restraining order against the Hospital prohibiting it from its threatened action. 23 Renken depo., p. 46,11. 6-10. Dated: The terms of the TRO were eventually Garfield, Tepper, Ashworth & Epstein stipulated to by the parties as the basis for a 24 Renken depo., p. 53, 11. 4-22. A Professional Corporation preliminary injunction, and a preliminary injunction was issued by this Court which 25 Defendants' responses to Plaintiffs First Set remained in effect until Roe expired and of Interrogatories, Interrogatory No. 1, filed By: was pronounced dead. The private defen­ as Exhibit "Z" to the motion for summary David B. Epstein dants complied with the terms of the judgment. preliminary injunction and they were then Attorneys for Plaintiffs dismissed from this litigation, the claims 26 Defendants' responses to plaintiffs' First against them having been rendered moot. Set of Interrogatories, Nos. 5 and 7, Exhibit

24 • Cryonics • March 1993 "Z" to the motion for summary judgment. 141 Cal.Rptr. at 323, but vindication of course, relatives affectionately inscribed a As mentioned below, the defendants took a public policy having constitutional dimen­ family member's tombstone and respectful­ different position on appeal and suggested sion is, as may also be vindication rights ly visited the gravesite." Panati, Extraordi· that Alcor could have avoided all of this having a statutory basis, 20 Cal. 3d at 47, nary Origins of Everyday Things (Harper litigation had it sought licensure as a 141 Cal.Rptr. at 327. Hut comp:u·e Hm·bor & Row 1987), pp. 35-37, "Death Tradi­ mausoleum. See Part II, D, below. v. Deukmejian (1987) 43 Cal.3d 1078, tions: 50,000 Years Ago, Western Asia." 1103, 240 Cal.Rptr. 569, 584 (significant 27 Responses to plaintiffs' Second Set of Inter­ benefit to general public "in clarifying the 35 As Mrs. Leaf testified in her declaration rogatories, Interrogatory No. 18, Exhibit extent of the Governor's veto power and filed in April of thfs year seeking ex parte "AA" to plaintiffs' motion for summary emphasizing the inviolability by the legisla­ relief enforcing this Court's Judgment, her judgment. ture of the one-subject rule.") See also financial affairs remained unsettled for as Christensen v. Superior Court of Orange long as the death certificate was not issued 28 The focus then turned to that licensing re­ County (1987) 193 Cal.App.3d 139, 239 and she was unable to obtain clear title to quirement. Health & Safety Code § Cal.Rptr. 143 and Folsom v. Butte County the home she had held in joint tenancy with 7153(a) specifies the permissible donees Ass'n of Governments (1982) 32 Cal.3d Mr. Leaf. under the U.A.G.A. Of the various 668, 684, 186 Cal.Rptr. 598, 601, in which categories specified, the only one which vindication of public policy enunciated by 36 While the last section of the statute uses the could apply to Alcor is a "procurement or­ statute was deemed sufficient to support word "interment", it is evident that that ganization ... for advancement of medical . award of attorneys' fees. To the extent this term was not intended as one of limitation .. science." The specification is contained Court may find that plaintiffs' entitlement on the types of dispositions. The term "in­ in§ 7153(a)(l) which specifies "a hospital, does not meet all of the statutory require­ terment" is defined at H. & S. Code § 7009 physician, surgeon, or procurement or­ ments of § 1021.5 -although plaintiffs as "inurnment, entombment, or burial in a ganization, for transplantation, therapy, believe all such requirements arc met- it cemetery, or cremation or burial at sea. The medical or dental education, research, or may rely on the equitable doctrine of quit first sentence of the section provides for the advancement of medical or dental science." tam to "fill the gaps." order of devolution of the right to control The definition of a procurement organiza­ the "disposition" of remains, predicated tion is contained in Section 7150.l(j) which 32 "(I]n Woodland Hills Residents Ass:n v. upon the condition "unless other directions provides: City Council[] (1979) 23 C3d 917, 154 CR have been given by the decedent." From '"Procurement organization' means a 503, the court reasoned that when an action this, it would appear that the legislature person licensed, accredited, or approved is brought against governmental agencies, utilized the terms "disposition" and "inter­ under the laws of any state or by the State the necessity of private enforcement is ment" interchangeably. It would make no Department of Health Services for procure­ clear. 23 C3d at 941, 154 CR at 516." CEB, sense to confer upon family members the ment, distribution or storage of human California Attorney's Fee Awar·d and right to control the "disposition" of the bodies or parts." Practice (1982), § 3.10, p. 34. remains subject to other directions by the The Director of the State Department of decedent and, at the same time, confer a Health Services and the State Registrar are, 33 Threat of criminal prosecutions was not more limited right upon the decedent him­ by statute, the same person under Health & fanciful or theoretical. As noted elsewhere self. The only logical interpretation of § Safety Code § 10025, here, Dr. Kizer. in this Memorandum, defendants sought to 7100 which would reconcile all of the Therefore, the only office that could license have Alcor's conduct subject to criminal provisions of that section is that the legisla­ Alcor as a "procurement organization" prosecution and actually convinced local ture intended to vest in each of us the right under the U .A.G.A. was the same office authorities to prosecute (unsuccessfully) in to determine the disposition of our bodies. which, acting through Mr. Mitchell, had Riverside County. directed the Riverside County Registrar to 37 The same defendant, Kenneth W. Kizer, refer Alcor for criminal prosecution. 34 "The earliest evidence of a funeral tradition sued in the same capacity, in a different ac­ has been traced to Western Asia's Neander­ tion involving toxic waste facilities. 29 Stipulation Re Agreed Statements of Fact, thal man, a member of our own classifica­ Fact No.3. tion, Homo sapiens ..... Neanderthals 38 The statute dictates that the attorneys' fees began the practice of burying their dead being awarded be a "reimbursement," by re­ 30 Stipulation Rc Agreed Statements of Fact, with ritual funerals. They interred the quiring that the party seeking it actually Fact No.4. deceased's body, along with food, hunting have paid for it. Since Alcor is a private or­ weapons, and fire charcoals, and strewed ganization and since plaintiffs' attorneys 31 C.C.P. § 1021.5 is a "loosely based codific­ the corpse with an assortment of flowers. A are in private practice this Court can take ation" of the private attorney-general con­ Neanderthal grave discovered in Shanidar, judicial notice of the inevitable fact that cept, Br·uno v. Bell (1979) 91 Cal.App.3d Iraq, contained the pollen of eight different someone has to pay the attorneys' fees and, 776, 154 Cal.Rptr. 435, which was es­ flowers. Even fifty thousand years ago, man of course, Alcor has. tablished in California in Serrano v. Priest associated fire with funerals .... [T]he (1977) 20 Cal.3d 25, 141 Cal.Rptr. 315. The Romans gave us the modern practice of 39 A copy of Y. Tammy Chung's letter dated standards under the two are slightly dif­ candles at death services. Lighted candles July 6, 1992 is attached hereto as Exhibit ferent, Committee for Sewer Reform v. around the body supposedly frightened "1." The letter notes that a copy was sent to Humboldt Wastewater Authority (1978) away spirits eager to reanimate the corpse this Court. 77 Cal.App.3d 117, 125, 143 Cal.Rptr. 463, and take possession of it. .... In Northern 468, and the equitable, non statutory ground Europe, drastic measures served to prevent 40 Health & Safety Code §§ 7151.5(a)(1), survived the enactment of 1021.5. Coali· the dead from haunting the living .... 7152.5(d), 7153(a)(1), 7153.5(b), 7154.4 tion for Economic Survival (1981) 71 While burial six feet underground was and 7184(a). Cal.App.3d 954, 217 Cal.Rptr. 621. Under viewed as a good precaution, entombment the test in Serrano v. Priest benefits from first in a wooden coffin was even safer. 41 This will require a "recit[ation] in detail litigation which are "conceptual or doctrinal Nailing down the lid afforded additional [of] the conduct or circumstances justifying [in] character which arc shared by [the protection..... A large(] stone topped off the [award]." C.C.P. § 128.5(c). Plaintiffs' people of] the state as a whole" are not the closed grave, giving birth to the practice counsel will be able to prepare a draft order compensable without more, 20 Cal.3d at 41, of the tombstone. Later in history, of if the Court so directs.

Cryonics • March 1993 • 25 Business Meeting Report by Ralph Whelan

The February, 1993 meeting of the patient Phase II cooling system (Mark II) should be completed by the Wednesday Alcor Board of Directors began at 1:16 is "working somewhat," and that improve­ following the meeting. pm. ments will be made soon, with Scott Her­ Steve has a g_all in to Trip Hard (our man's assistance. representative for city business) about the Resolved: The January, 1993 meeting possibility of reversing the "No Animal minutes are approved with the following Tanya reported on the February 3 Research" condition that is now part of our change: a spelling correction to Gary suspension of an Alcor Suspension Mem­ C.U.P. Meade's name, which appeared with two ber who committed suicide on February 1. "r's." (Unanimous) This case was very unusual because the There has been no real progress on th cause of death was suicide, and hence the One Million A.D. issue since the last Accepted without resolution during contestability period of his insurance report. Steve will contact Barret Mciner­ the private portion of the meeting: the policies nullify the policies. Only a ten ney to move this along. March meeting will be at the home of Bill thousand dollar trust fund enabled the Seidel. The June meeting will be in suspension (a straight-freeze) to occur at Dave Pizer reported that Mike Mid­ Wrightwood, CA. all (and the P.C.T.F. will not receive the lam, who gave a presentation on usual safety factor, though its costs will be Charitable Remainder Trusts at the Resolved: Henceforth, Steve Bridge covered). January meeting, recommended an attor­ will be chairing all meetings. (7 in favor, 2 The staff is now dealing with know­ ney (Evan Stone) for helping with a formal abstentions (Keith Henson and Steve ledge gained during this suspension, trust document for the Patient Care Trust Bridge)) specifically that next-of-kin approval is Fund. Dave and Steve Bridge will pursue a often required for cremation, despite all of meeting with Mr. Stone. Derek Ryan reported that Alcor has our paperwork. We may implement a 354 suspension members as of the meet­ one-page document addressing this for all Steve reported that David Epstein has ing. This despite many special projects neuro-members, a document which (we submitted our fee filing in the "Health that have taken up almost all of his time. hope) will satisfy authorities in this regard Department Case," which argues that Al­ He added that an unusually high percent­ in the future. cor's attorney fees of $93,721 in "Roe v. age of the callers during the past few This case also illustrated that we have Mitchell" should be paid by the State. [See weeks (primarily Omni callers) have been no formal policies for dealing with sui­ "Motion for Award of Attorneys' Fees," very interested in signing up, and that over cidal members. Do we incur liability in elsewhere in this issue.- Ed.] the next several months (and specifically discussing a situation such as this with a after a contest winner is announced) we'll suicidal member at all? One suggestion Allen Lapp reported that the formal likely see many of these people signing up. was that a Suicide Prevention Center be audit of Alcor's books will begin on Feb­ Gary Meade offered the unsolicited contacted in such situations, and put in ruary 15. commen t that the staff- and especially touch with the member. Michael Riskin in­ Derek Ryan -have been extremely effi­ dicated that such a Suicide Center would Steve reported that the Facility Search cient and professional in helping him with be likely to intervene in the personal free­ Committee met last Sunday, and Judy his own sign-up. dom of the member (i.e., sequester the in­ Sharp has agreed to head the committee. dividual through force). This delicate issue Judy has a lot of background in commer­ Tanya Jones summarized her written will be taken up by the directors via email, cial real estate, though she now deals (to Board Members) report that we are and may be included on the March meeting primarily with residential real estate. Judy prepared to perform suspensions. She indi­ agenda. is working on a letter that she will be mail­ cated that a true, in-depth report will ing to commercial real estate "vendors." probably have to wait until after our next An artist in New York used one of Al­ She will report to Steve and the Board suspension. cor's A-9000 "two person" dewars in an with a range of prices once that informa­ art exhibit, and made a down payment on tion becomes available. She is willing to Ralph reported on general media, the dewar at the time. Hugh reported that travel to potential sites. Omni updates, and magazine sales on our remaining A-9000 is a little bit smaller newsstands. The Omni contest has gen­ than the one in New York, and causes him Steve reiterated comments that Carlos erated less media attention and call-ins technical difficulties during cooldown. Mondragon has made in the past, to the ef­ than was expected, but the quality of the Since we may be able to recover the larger fect that there is no formalized means for callers has been extraordinarily high. dewar by returning the down payment (less evaluating the president. Steve suggested About ten percent of the callers that shipping), Hugh wants to pursue this. A that some other directors examine Carlos' received the new brochure have subscribed New York member will be asked to ex­ and Courtney Smith's memos discussing to Cryonics. Preliminary newsstand sales amine the dewar for damage prior to any this, and formalize their thoughts in such a figures for Cryonics are encouraging, with such arrangements. way that a policy can be proposed. Keith a sell-through rate of about 55%. offered to do this. The modifications to the facility re­ Hugh reported that the new neuro- quired for compliance with our C. U .P. The plan adopted several meetings

26 • Cryonics • March 1993 ago had Carlos in charge of preparing an worries that Saul's private legal situation dwindling resource because of inflation, be Alcor Business Plan by the end of January, could take a turn for the worse and nega­ restructured to a baseline of $300,000 in­ 1993. Brenda contended that since Steve tively impact Alcor later. Other directors stead of $400,000, with notice given to the has only had this office for two weeks, it argued, however, that our involvement membership that even the $300,000 will makes sense to set a new deadline for with Saul is so overt and long-standing, we not be sacrosanct, and may later be applied Steve. Steve suggested the May meeting should not let fear of increased liability to "hard investments" such as a member­ would be an appropriate deadline. The fol­ prevent us from co-sponsoring a cryonics ship recruitment drive or a new facility. lowing was agreed upon, without resolu­ conference. The $100,000 thus-"liberated" could serve tion: Steve will aim to present an outline at Resolved: Alcor will offer to be an as both an Operating Buffer for Steve and the March meeting, a first (rough) iteration official sponsor of this conference, contin­ a short-term fix for the problems outlined at the April meeting, and a final version at gent on financial support being in the form above. Obviously, the underlying revenue­ the May meeting. of advertising space in Cryonics and lit­ expenses mismatch would have to be erature supplies for the conference. addressed as well to fix the long-term Hugh reported that our liquid nitrogen problem. use is about twice the theoretical expecta­ Steve raised the issue of research pro­ There was almost no agreement on tion. He believes that for $1,000 or less in posals coming from outside of Alcor, and this issue at all. Ralph's proposal was troubleshooting expenses, he may be able how Alcor will react to such proposals. voted on and defeated with 3 in favor, 6 to improve this situation significantly. Will we support them, ignore them, adver­ opposed. The final consensus was that Resolved: The Board authorizes a tise them in Cryonics, etc.? Courtney more timely accounting figures are neces­ P.C.T.F. expense of up to $1,000 for Smith made clear that Alcor cannot assist sary for the Board to better understand the evaluation of our liquid nitrogen losses anyone in soliciting stock sales or the like, present problem. Since Steve has enough problem. (8 in favor, 1 opposed) but a pure research proposal is always "slack" to manage things until the March open for consideration. The consensus was meeting, the problem was deferred with Steve reported that Alcor is now stor­ that any research proposal will receive Al­ the expectation that better accounting ing the tissue of a non-member's daugh­ cor's endorsement (and money)- or not figures will be available within two or ter's ovaries. This non-member made a - on the basis of its own merits. Any re­ three weeks. donation to Alcor that is more than suffi­ search proposal can easily be approved by Dave Pizer presented the opinion that cient to cover the costs of storage, and he the Board prior to support in Cryonics or our pricing structure on suspensions is to­ provided a contract with the most com­ announcement at an Alcor meeting. tally inappropriate, with not enough plete waiver of liability (for Alcor) that Resolved: Alcor will not allow its money being charged for neurosuspen­ any of the persons involved had ever seen. resources to be used by any third party for sions, with too much of a safety factor for This particular situation illustrated the soliciting investment funds. (6 in favor, 3 whole body patients, and with nothing al­ possibility that Alcor can generate revenue abstentions) lotted for recovery of operational over­ in tissue storage with comparatively minor head. Ralph echoed Dave in emphasizing overhead. Tanya Jones and Hugh Hixon Perry Willis, a direct-mail marketing the need for a logically determined safety are looking into the costs, expenses, and expert, is interested in taking on a direct­ factor, rather than the present arbitrary potential liabilities involved in such an un­ mail fund-raising campaign to increase Al­ "times two" method ($43,000 covers the dertaking. cor's revenue and membership. Perry's or­ long-term Patient Care expenses, so we put On the advice of David Pizer, Michael ganization, The Renaissance Group, is $86,000 into the P.C.T.F. for each whole Riskin, and Gary Meade, Steve has tenta­ accomplished in a form of fund-raising body suspension). tively decided to put no money into the that he believes will work well for Alcor. After much discussion, it was agreed P.C.T.F. in connection with the donation There was a clear consensus that Ralph that we need more information about in­ provided by this tissue supplier. Despite and Perry should proceed in drawing up a ventory and re-stocking costs during sus­ strong opinions on the part of some direc­ more concrete proposal, and attempt to en­ pensions (which currently are not well­ tors that money should be put into the gender financial support from members quantified, though Tanya expects her in­ P.C.T.F. any time it incurs an expense who have already offered to make dona­ ventory system to change this within two (like it does in this case), this will not be tions for this sort of program. months), and other costing specifics. There done in this case unless such a consensus was a motion to table until the March develops. Steve reported that we have a mod­ meeting which passed 7 in favor, 2 op­ erately serious cash flow problem. posed. Saul Kent is organizing a Memorial Essentially, we have approximately $9,000 Day Weekend cryonics conference, which in bills due or near due, we have an im­ The meeting was adjourned at 6:07 he would like Alcor (as well as others) to pending $16,000 audit expense, and p.m. co-sponsor. Since our financial situation is Steve's Board-authorized use of ap­ tight, Ralph made the suggestion that ad­ proximately $32,000 of Endowment Fund vertising space in Cryonics and literature principal must be repaid to the Endowment and brochures for the convention itself by the end of March (by prior Board could constitute Alcor's support. Dave resolution). He requested input from the Pizer agreed that this was reasonable and Board on ways of handling the problem. prudent, so long as no formal statement Ralph proposed that the Endowment was made that Alcor is a sponsor of this Fund, which has atlracted practically zero conference. He feels this way because he in the way of donations and hence is a

Cryonics • March 1993 • 27 This section of Ctyonics your opinions using any medi­ magazine continues to be open um-disk, typescript, or hand­ to anyone who has opinions, written pages. suggestions, criticisms, or ques­ Compiled by Charles Platt tions about oyonics. Alcor has a tradition of openness, and many of us feel that the maga­ Omitted Text zine's honesty is an important factor encouraging people January 1993 showed mixed activity on Cryonet. There to sign up. Cryonics Forum affirms Alcor's continuing be­ were many short postings, plus some extremely long ones lief that an organization which encourages free speech is which I did not feel able to include here. (The ratio of text stronger than one which attempts to suppress it. on the net to text here is about 20:1, so that some sort of These pages will also serve as an outlet for oyonicists triage has to be exercised, in addition to the editing that I who are strongly opinionated and tend to feel frustrated if do-with permission of the authors-to shorten most of the organization seems unresponsive to their points of the items.) Anyone who feels that his or her text should view. not have been omitted is welcome to send it to me c/o Al­ cor, specifically for inclusion here. Because of space limita­ Sources tions, we ask that each statement should be no longer In this second issue of the Forum, all the material con­ than 500 words. If your views simply cannot be expressed tinues to come from Ctyonet, a computer network that within that limit, please check first to see if there is room links many cryonics activists. However, Ctyonics Forum is for extra wordage. open to evetyone, not just computer users. Please send in -Charles Platt

er, so let's get it over with sooner. We may for others. Perhaps official spokespersons Talking About have frightened new members in the U.K. for Alcor should even be encouraged to because of neuros, but the relative cost ad­ sign up as "whole-body". That way they Neuropreservation ...... vantages may have also gained some may appear more "acceptable" and "rea­ From Charles Platt: (me?). sonable" to the general public. A few months ago I was at a party, In my experience doing radio inter­ and inevitably the subject of cryonics came From Steve Bridge: views, talk-show hosts and telephone call­ up. The girl I was talking to was unphased In the past ten years I have given at ers are less willing to accept "going neuro" by the fact I had arranged to be frozen least 50 talks, plus many interviews on than any other cryonics concept. Severing and just said "Oh really, whole body, or cryonics. Sometimes neurosuspension is a human head is a primal irnage, echoing just your head?" so the message must be discussed, sometirnes not. I rarely bring it back to primitive tribal practices and med­ getting through somewhere. up myself because the sensationalism of ieval punishments. I'm all in favor of neu­ the idea frequently overwhelms the basic rosuspension myself (I signed up for it), From Micheal B. O'Neal: concept of cryonics and leads to articles and I don't believe in having secrets about My first reaction to the neuro idea with headlines about "head-freezers" in­ cryonics. But shouldn't we avoid mention­ was quite negative. Even after I under­ stead of about "people who love life." ing the subject of neurosuspension when­ stood the technical arguments and became When you do lectures, however, and ever possible? I deliberately did not men­ convinced that a technology capable of re­ the question comes up, it still must be an­ tion it in my recent article in Omni, though viving anyone suspended with today's swered. The most economical answer I I mentioned just about everything else. techniques would probably also be able to have come up with over the years is this: Nor did I mention it in a pamphlet which I revive a neuro patient, I still did not feel • Most people will accept that our wrote for Alcor, with help from Ralph comfortable with the idea. Over the years, memory and personality is in our brain. Whelan, Steve Bridge, and Brian Wowk. It however, I have warmed to tlie neuro • Point out that cryonic suspension is seems to me, the time to talk about neuro­ idea. For example, while I plan to remain a difficult business with diliicult surgery. suspension is after a person has already a "whole-body" member of Alcor, I think Under the circumstances, most people feel accepted the basic premise of cryonics. Alcor's "conversion to neuro" policy pro­ that the most attention should be placed Going neuro is merely an additional op­ vides me with a good fallback position in on procedures which mean the most pro­ tion, after all. No one has to do it. case of crisis. tection for the brain. Some people feel that From Garret Smyth: Acceptance of the neurosuspension neurosuspension provides that protection. argument is not a prerequisite for signing We can't hide the fact that neurosus­ • The real reason people wonder up. So, I believe it should be presented about neurosuspension is that they think pensions are clone, so we must make a vir­ strictly as an option that some members tue from necessity. People are going to we plan to revive people as brains on a ta­ elect, and as a reasonable fallback position have to get used to the idea sooner or lat- ble or as heads on a stick ("Please take

fORUM Page 1 Uncle Herman's Head for a walk From Charles Platt: now, dear.") Point out that we The difference between "! think it will be possible to "sim­ want to live as long as possible" ply" (what a word) grow the per­ and "I want to be in1f!1ortal" son a new body from his own should be ex'tremely obvious, at cells. least in terms of human psycholo­ e I also point out that chil­ gy. The first statement can already dren under the age of about nine be made by most people in the can regrow the tip of a finger if it world today, and therefore sounds is cut off (I've even seen one example). It ally safer (given the expense of storing a reassuringly normal. The second statemem does not take too much imagination to whole body). is tantamount to saying, "I want to be god­ think that within twenty years we might be like." This sounds abnormal, and very few able to regrow an entire missing finger. if From Michael Clive Price: people can identify wid1 it. (I am assum­ we can regrow a finger, we can regrow an I am writing to second Thomas Do­ ing, of course, we are talking about im­ arm. If we can regrow an a1m, it is only naldson on tl1e need for honestly and up­ mortality here in the known universe ratll­ slightly more complicated to grow a body. frontness about tl1e use of d1e I- and N­ er than in "heaven.") words in public discussions. Yes we are in Cryonics is a challenging concept to the business of inlrnortality. And yes we From Brian Wowk: the 499,999 people out of 500,000 who are I believe disembodied brains are less freeze peoples' heads. not already signed up. Why make it even disturbing than disembodied heads. I al­ People come in two types: stupid and more challenging by insisting on using a sensible. ways describe neurosuspension as "sus­ loaded word, instead of a phrase that peo­ pension of the brain," and only mention Stupid people gag at crazies like us ple can easily accept? that the brain is kept within the head as a thinking we can live for ever. As for chop­ "protective container" if asked about de­ ping off heads .. !!! They are never go to From Derek Ryan: tails. I do not believe this is at all decep­ sign up, so let's ignore them when think­ It is true that, when presenting cryon­ tive. On d1e contrary, it is very accurate ing about marketing. They're history. ics. lies which are easily disproven since the brain, after all, is what we are Sensible people may or may not find ("Neurosuspension? No! We don't do that!" real~v after in a neurosuspension. Reten­ the ideas of immortality and neurosuspen­ "Immortality? No! We don't want that!") are tion of the surrounding tissues is more of a sion repulsive etc for the pmtially instinc­ a very bad idea. Telling the truth is the surgical detail tl1an anything else. tive reasons that Steve Ha1ris so cogently best course if for no other reason than d1at Manipulating brains within and be­ explained. If they are happy and comfc)Jta­ we'lllook like crin1inals if we're caught ly­ tween bodies is perceived as a much more ble with d1e concepts tl1en it won't do any ing. benign activity than doing the same wid1 harm for us to tackle these subjects in But there are many ways to say any­ heads. As evidence, I cite the fact tl1at a public. iliing. few years ago a TV movie was made that The problem area remains with sensi­ It seems obvious that to be most per­ depicted d1e successful brain u·ansplant of ble people (potential cryonauts!) who are suasive we must consider the preconcep­ an accident victim in a very favorable unhappy with immortality/ tions and biases of our audience. With this light. By contrast, head transplants are the neurosuspension. Are d1ey going to be re­ in mind, we would give a slightly differem stuff of B grade horror flicks. assured by the sight of cryonauts squirm­ presentation to a libertarian convention ing about on public platforms trying to than we would to a science fiction conven­ deny that we chop of heads and we want tion. In cases where useful generalizations ...... and Immortality to live forever? No they are not. Think cannot be made about our audience, such how we feel when we see on TV or hear as when being interviewed for a news From Thomas Donaldson: on radio a politician squirming about de­ show, we should probably tailor our com­ I tl1ink we should be frank about neu­ nying some obvious truth. Does it inspire ments not to Joe Sixpack (who has no in­ rosuspension and also frank and open us witl1 confidence? No it does not! Joe terest in such matters anyway), neither to about inmwrtality-including with d1e Si.'{pack might swallow all their crap, but Joe Scientist (who has probably already Dreaded Media. Why? Because fundamen­ then he's never going to sign for suspen­ formed strong opinions on matters such as tally we do engage in neuropreservation sion anyway. this, and who probably doesn't look for and we are seeking immortality. new ideas about science on television The issue of neuropreservation in­ From Ralph Merkle: news shows), but rad1er to Joe Slightly­ The rather curious concept that "ra­ volves an attempt to paper over a real dif­ Above-Average (who probably finds tional" people will, of course, see the ference. If many people are alienated from cryonics to be interesting, and who might "truth" and "inational" people are either cryonics because of tl1e fact that we cut otT be convinced that this is a good idea iJ we impossible to deal with or simply not people's heads, then we can hardly deal are careful not to overwhelm him with tl1e worth it is one of the more pernicious nus­ with that problem by trying to ignore it. more complex issues first.) And if someone asks us about it, we can conceptions 11oating around in the etyon­ hardly refuse to answer: how are they go­ ics community (and in the world at large). ing to react to such a refusal? Decide d1at I tl1in!.;: we should all take to heart tl1e we're believable and trustworthy? Nope. idea that the way an idea is presented Hassle-Free Insurance We've simply got to state it, even before strongly inl1uences its acceptance. The From Thomas Donaldson: they ask, and tl1en come straight out and words tl1at are used, the order in which As many cryonicists know, I have a explain why and how we do neuropreser­ the ideas are presented, the contex1; all are histo1y of a brain tumor. Among the ef­ crucial. vation. After all, in rational terms, it's a lot fects of tl1is histOiy is d1at life insurance cheaper (d1e good side of it). It's also actu- becomes almost impossible to get.

FORUM Page 2 However, I have come across thawed, fixed, and sectioned. a company which does NOT re­ quire a physical and sets few Image Resolution health conditions for acceptance. Even under the best of condi­ Instead, its policies will only pay tions, the information available us­ off in full after they have been in ing transmission electron micros­ force for 3 years (fractional bene­ copy is grossly poorer than the fits apply beforehand). The com­ information that will be available pany is MIDLAND NATIONAL in the futur_e. We learn only the LIFE, of Sioux Falls, SD 57193-0001. The lenium. One of the key phrases to watch electron density of the in1agecl section. If policies are not particularly economical for is "When Nanoteclmology comes .... the section is 1 micron thick (plausible, al­ unless, of course, you cannot get life insu­ " but there are others. The arrival of Nano­ though the actual section thickness used in rance by any other legal means. And no, I technology, as seen by these people, will the study was not specified) then resolu­ have not carried out a full personal investi­ be sudden (like the Christian rnillenium) tion of detail much smaller than 0.1 mi­ gation of their books, you will have to do and instantly transform us all, presumably crons (0.1 of the section thickness) is diffi­ that if you decide to buy. into much better versions of ourselves. cult. We will assume, however, that a One of the more pernicious effects of resolution of one hundredth of the section this religious attitude is that it seems to go thickness, 0.01 microns or 10 nanometers, laws to Defeat with a belief that all the problems involved was in fact achieved. Under these condi­ in suspending and reviving people will be tions a single pixel of our EM photograph Autopsy trivially solved "when Nanotechnology will be available for every rectangular comes." It is a magic wand which will block that is one micron (or 1,000 nano­ From David Lubkin: make all our problems disappear. Even the meters) long by 10 nanometers by 10 na­ It seems to me that the best way to notion of providing us with new and more nometers. Assuming we are getting 10 bit block autopsies is through the religious perfect bodies, when they come with Nan­ grey scale data (again optimistic), this freedom angle. Some states (including otechnology, resembles the Christian no­ means we have 10 bits of information for a New Jersey?) in fact already have a (par­ tion. And along with it, just as with the volume of 100,000 cubic nanometers. tial) religious block on autopsy available. Millenium and the fate of Believers who There are (very roughly) 100 atoms per cu­ Unfortunately, this right is neither absolute will become angels in Heaven, is a lack of bic nanometer, so we have 10 bits for nor universal. analysis of just exactly what these Angels 10,000,000 atoms, or 1 bit for 1,000,000 at­ I don't think enough people care will do once they have ascended from this oms. While we might reasonably debate about the issue for us to move for legisla­ vale of tears. Will we all sit around with the number of bits of information that fu­ tion head-on, but with one of the general our music synthesizers and sing the prais­ ture systems will generate, it is reasonable religious freedom acts, now pending, we es of Nanotechnology? to suppose that they will give us at least 1 may get what we want as a consequence The road to immortality goes not by bit per atom of raw information (again of the act when it gets interpreted in the faith but by our own study, actions, and conservative), in the same way tl1at EM courts. donations. And like all human achieve­ photography gives us 10 bits per pixel of It also might fall out that any interfer­ ments, it cannot be guaranteed. raw data. We thus have at least a factor of ence with a suspension by legal or medi­ 1,000,000 less information about the frozen cal authorities will become an actionable structure when we are looking at an EM violation of civil rights. Cryopreservation of photograph than will be available in the So we should lend our support to the future. To put this a bit more graphically, effort, and maybe make some friends in the Cat if you are looking at a computer screen the religious world. Instead of allying our­ with 1,000 x 1,000 resolution (perhaps a selves with the suicide rights people (who, Preamble: 21" monitor) then our factor of 1,000,000 like us, want to control their own bodies, The previous Cryonics Forum includ­ less information is the same as taking a but are deathist), perhaps we should look ed a very brief summary of a paper by complex scene portrayed on this 21" to their opponents. Convince people who Mike Darwin describing damage that was screen and crushing it into a single clot think suicide is a sin that anything but observed to the brains of cats that had with an equivalent "screen size" of a 50th cryonics IS suicide. (Anyone want to buy been frozen and thawed. Ralph Merkle's of an inch. The ability to discern biologi­ Pope John Paul a gift subscription to response, below, has been edited to fit cally significant structure despite such rudi­ Cryonics?) available space. mentary imaging methods is quite remark­ able and speaks volumes about the great From Ralph Merkle: redundancy in such structures. The "Religion" of We are faced with a fundamental di­ lemma in trying to determine with today's Glycerol Concentration Nanotech technology whether future technologies It should also be remembered that tl1e will decide that information theoretic 3 molar glycerol used is less than the From Thomas Donaldson: death has (or has not) taken place. In the "Smith's Criterion," and is substantially less I make a distinction between nano­ future, we will have complete information than the 5 to 6 molar glycerol used in to­ technology and Nanotechnology because about every molecule in the frozen struc­ day's suspensions. I've come to notice some people, con­ ture. In tl1e present study, we have infor­ sciously or not, talking of nanotechnology mation provided by light and transmission Fracturing in a way that strongly resembles the way a electron microscopy. Further, the informa­ It is clear that freezing to liquid nitro­ devout Christian might talk about the Mil- tion is about the structure after it has been gen temperatures introduces macroscopic

FORUM Page 3 fractures as the temperature is re­ en as a reason for discontinuing duced below the glass transition or ignoring research in this area. temperature (at about 130 Kelvins) Even a moderate risk of dying is to the 77 Kelvins of liquid nitro­ unacceptable and should be re­ gen. The paper also suggests that duced. smaller fractures exist. Fractures A more pressing motivation created at or below the glass tran­ for research has little if anything sistion temperature result in little to do witl1 information theoretic or no loss of significant structural survival pee se. The tnost serious information. From an information tl1eoretic is about 0.01 poise (viscosity increases risks to survival stem from tl1e more or point of view, provided that the tissue re­ both with decreasing temperature and less complete failure of the medical com­ mains frozen both prior to and during with an increasing concentration of glyce­ munity to either understand or support analysis, the presence of fractures is not a rol, so 0.01 is conservative). This produces cryonics. This failure leads directly to pre­ major concern and is unlikely to cause in­ a Reynolds number of roughly 1011-6 x 1 x ventable delays in initiating suspensions, formation tl1eoretic deatl1. Upon rewarm­ 1 I .01 or 1011-4. This is much smaller tl1an inadequate support for suspensions if tl1ey ing, however, such fractures will clearly 2000, and indeed offers a "safety margin" are tolerated, etc. The single most effective contribute to artifacts and result in loss of of roughly seven orders of magnitude be­ metl1ocl of decreasing tl1e risk of deatl1 cellular contents and structure. fore turbulent t1ow could occur. would be to gain even a moderate level of We can safely conclude that any t1ows acceptance from the mainstream medical Compression that occur will be laminar. community. To gain such acceptance will In the non-ischemic group, dehydra­ require a body of research which supports tion increased the difficulty of identifying Debris the idea tl1at suspension protocols do in stmctures. As discussed previously, future The presence of unidentified "orga­ fact provide a good chance of survival. For metl1ods should have no ditficulty in iden­ nized debris" in tl1e spaces presumably various reasons it seems likely that such tifying structures that are obscure today. Ir­ created by ice during the freezing process research will have to provide almost con­ regularly shaped cavities were present, might have occurred either during freezing clusive evidence that cryonics is likely to presumably formed during freezing by tl1e or thawing. The hypothesis that the debris work, despite the obvious disadvantages growth of blocks of ice. The slow growth was moved to the space during freezing is of requiring "proor' that cryonics works of ice during freezing is likely to cause complicated by the observation that the before using it. The idea tl1at freezing a compression of tissue. Compression is of space was, at that time, occupied by ice. person is a "risky" course of action while little concern from an infommtion theoretic After thawing, tl1e volume occupied by ice crernation and burial alive are "conserva­ point of view. More significant damage would become a small pool of water. Any­ tive" is quite absurd, but also deeply en­ (e.g., tears, rips, or microfractures) were thing which broke free from tl1e wall or trenched. also present. Given tl1e evidence in otl1er lining of such a pool would then drift free­ Thus, along witl1 information tl1eoretic systems tl1at substantial ice formation is ly in the pool, tlms creating debris. An at­ survival, the second main objective of re­ compatible with functional recove1y, it is tractive and simple hypthesis for the for­ search is the fuzzier one of gaining general likely tl1at either (a) the observed damage mation of the debris during thawing is acceptance by the medical community. is compatible with fcmctional recovery, or available, while hypotheses for the forma­ There tore, besides understanding current (b) it occurred after most of tl1e water had tion of debris during freezing face signifi­ suspension protocols and improving future frozen (and presumably after most of tl1e cant difficulties. protocols measured against the criterion of damage caused by freezing had occurred). information tl1eoretic survival, we must In either case, information theoretic loss Nerve Damage also understand and irnprove suspension should not be great. The damage to tl1e axons of myelinat­ protocols measured against the (somewhat ed nerve cells, secondary to a failure of fuzzy) criterion used by the mainstream Turbulence the cryprotectant to penetrate the myelina­ medical community. The increasingly dehydrated and con­ tion (many layers of cell membranes While it is more ditlicult to specify ex­ fined regions between the blocks of ice wrapped tightly around the axon) is very actly what will be needed to satisfy this formed during freezing should make plausible. The function of a rnyelinated second criterion, the two obvious objec­ movement of any structure of significant axon, however, is to cany inl·onnation tives are (1) demonstrate reversible cryo­ size quite difficult. While tl1ere might be (much like a wire). Complete obliteration preservation of a mammalian brain, e.g., some concern that the currents created of the axon, analagous to damage to a freeze and thaw the brain of an animal during freezing will result in turbulent wire, will result in little or no infonnation and show functional recovery for at least a t1ow, tl1is appears quite unlil~ely. The ap­ loss if tl1e myelin sheath (somewhat like short period of time following thawing; or proximate criterion for the onset of turbu­ the insulation around a wire) is still (2) clernonstrate tl1at suspension tech­ lence in a liquid volume with characteristic present. Myelinated axons are relatively niques, while they do not preserve func­ size r is that the Reynolds number 2rdv/n large, so even substantial damage to tl1e tion, provide good preservation of the exceed about 2000, where d is the density axon would not obscure or obliterate the stmctures that are crucial to the correct of the liquid, v the velocity of the How, pathway. functioning of the human brain and mem­ and n the viscosity. The characteristic di­ ory, e.g., get pictures (either from light or Summary mensions in a cell are about a micron, the electron microscopy) that show good pres­ The available evidence, tl10ugh clearly density is roughly a gram per cubic centi­ ervation of structure and ultrastructure. incomplete, tends to support the idea that meter, the velocity is probably much less There is much work to be done to de­ inlormation tl1eoretic survival is likely even than a meter per second (and probably velop tl1is body of research, and all efforts when today's rather primitive suspension much less than a micron per second), and in this direction should be encouraged. the viscosity of water at room temperature methods are used. This should not be tak-

FORUM Page 4 Order Form

NOTE: All prices include postage and handling and are in U.S. dollars. Minimum order $5.00. Overseas orders must be paid for with U.S. dollars by Traveler's Cheques or International Money Order. (Overseas orders add 10% for shipping.) All orders are sub­ ject to availability and all prices are subject to change.

Histological Cryoprotection of Rabbit Cryonics Magazine Brain With 3M Glycerol $0.50 Subscriptions: But What Will The Neighbors Think: The History And Rationale of Neurosuspension $2.00 D United States: $35.00/year Histological Cryoprotection of Rat And Rabbit Brains $1.50 D Canada and Mexico: $40.00/year The Cephalarium Vault: A New System of D Outside North America: $45.00/year Protection For Alcor Neuropatients $1.25 Molecular Engineering: An Approach to The Development of General Capabilities For Cryonics back issues: Molecular Manipulation $1.00 U.S., Canada and Mexico: $2.50 each. Issues: -----­ Cryonics and Orthodoxy $0.50 Outside North America: $3.50 each. Issues: ------Molecular Technology And Cell Repair Machines $2.00 Vitrification as an Approach to Cryopreservation $3.00 Nanotechnology $2.50 Membership 24th Century Medicine $2.00 Alcor Suspension Membership Packet $100.00 A Dream in His Pocket $2.00 D The Cost of Cryonics $3.00 Freezing of Living Cells: Mechanisms and Implications $3.00 Books Will Cryonics Work? $4.00 Her Blue Eyes Will Sparkle $1.00 Cryonics -Reaching For Tomorrow $5.00 Cryonics and Space $0.50 Engines of Creation $10.95 The Death of Death in Cryonics $1.00 The Prospect of Immortality $11.00 Many Are Cold But Few Are Frozen: A Humanist Man Into Superman $14.00 Looks at Cryonics $2.00 Great Mambo Chicken & the Transhuman Condition $18.95 A Stunning Legal Victory $2.00 The 120-Year Diet $5.95 What You Can Do $9.00 The Tomorrow Makers $18.95 Reviving Cryonics Patients $7.00 Immortality, Scientifically, Now $11.95 Life Insurers at Risk? $2.00 Slide Presentation: Suspension Members $200. Brochures All Others $350. Alcor Life Extension Foundation $0.75 Why Cryonics Can Work $0.25 Gift Items

Alcor T -Shirt, Size: ___ $12.00 Articles and Reprints Alcor Sweatshirt, Size: ___ $17.00 AlcorMug $6.00 Why We Are Cryonicists Free AlcorPatch $5.00 Free Alcor: The Origin of Our Name Alcor Bumper Sticker $2.00 Technical Case Report: Neurosuspension Lapel Pin $5.00 of Alcor Patient $3.00 Tie Clasp $5.00 $2.00 The Journey Begins: Alcor Member Enters Biostasis Hat Pin/Broach/Stick Pin $5.00 The Scientific Validity of Cryonic Suspension: A Bibliography $3.00 Long-Time Alcor Member Enters Biostasis $2.00 Total The Cryobiological Case For Cryonics $2.00 Mathematical Analysis of Recirculating The literature above can be ordered by using this form, or by telephone Perfusion Systems, With Application with Mastercard or Visa by calling Alcor: 1-800-367-2228 (toll free). to Cryonic Suspension $2.50 Declarations by Scientists in Support of Name ______$20.00 Kent vs. Carrillo Address ______Case Report: Two Consecutive Suspensions $3.00 Mathematical Models of Perfusion Processes $5.00 City------State ____ Zip ____ Postmortem Examination of Three Cryonic Suspension Patients $3.00 Telephone:------Heat Flow in The Cryonic Suspension of Humans $2.50 Histological Study of a Temporarily Cryopreserved Human $3.00 Visa/Mastercard#:------Calcium Blockers Given After CPR May Expiration Date: _____ Save Brains Denied Blood up to 1 Hour $0.50 Viability of Long-Term Frozen Cat Brain $0.50 Signature: ______Cell Repair Technology $2.00 How Cold is Cold Enough? $1.25 Please pay by check, money order, or credit card. Misadventure as a Cause of Death in Overseas orders require an additional 10% (of total) for shipping. an Inunortal Population $1.25 ALCOR, 12327 Doherty Street, Riverside, CA 92503 Advertisements & Personals, Meetings & Announcements

Advertisements & Personals The Alcor Life Extension Foundation and Cryonics reserve the right to accept, reject, or edit ads at our own discretion and assume no responsibility for their Alcor's Southern California chapter meets every other month. If you are not on content or the consequences of answering these advertisements. The rate is $8.00 our mailing list, please call Chapter president Billy Seidel at 310-836-1231. per line per month (lines are approximately 66 columns wide). Tip-in rates per sheet are $200 (printed one side) or $240 (printed both sides), from camera­ ready copy. Tip-in ads must be clearly identified as such.

MARY NAPLES, CLU and BOB GILMORE- CRYONICS INSURANCE The Alcor New York Group meets on the third Sunday of each month at 2:00 SPECIALISTS. New York Life Insurance Company; 4600 Bohannon Drive, PM. Ordinarily, the meeting is at 72nd Street Studios. The address is 131 West Suite 100; Menlo Park, CA 94025. (800) 645-3338. 72nd Street (New York), between Columbus and Broadway. Ask for the Alcor group. Subway stop: 72nd Street, on the 1, 2, or 3 trains. If you're in CT, NJ, or J.R. SHARP- INS. BROKER- ALL TYPES OF INSURANCE, AN­ NY, call Gerard Arthus for details at (516) 689-6160, or Curtis Henderson, at NUITIES, LIVING TRUSTS and LIFE TRUSTS. Assisting Alcor Officers & (516) 589-4256. Members since 1983. P.O. Box 2435, Fullerton, CA 92633. (714) 738-6200 or FAX (714) 738-1401. Meeting dates: Mar. 21, Aprll18, May 16, June 20,

EXTROPY: The Journal of Transhumanlst Thought #10: Pigs in Cyberspace, New York's members are working aggressively to build a solid emergency by Hans Morevec; Protecting Privacy with Electronic Cash, by Hal Finney; response capability. We have full state-of-the-art rescue equipment, and four Technological Self-Transformation, by Max More; Interview with Mark Miller Alcor Certified Techs and four State Certified EMTs. of Xanadu, by Dave Krieger; Nanocomputers, by J. Storrs Hall; Reviews of Nanosystems, Genius, books on Ayn Rand. $4.50 from Extropy Institute; PO Box The Alcor New York Stabilization Training Sessions are on the second and 57306; Los Angeles, CA 90057-0306. E-mail info from [email protected]. fourth Sundays of every month, at 2:30PM, at the home of Gerry Arthus. The address is: 335 Horse Block Rd., Farmingville, L.I. For details call Curtis or Do you want to keep up with science and technology bearing on cryonics? Gerry at the above number. PERIASTRON is a science newsletter written by and for cryonicists, only $2.50 per issue. PERIASTRON, PO 2365, Sunnyvale CA 94087.

"I'D RATHER BE DEAD THAN READ?"- NO WAY! Read Venturist Monthly Alcor Indiana has a newsletter and a full local rescue kit, and two of the mem­ News- News about various cryonics topics - send for free sample copy - bers have taken the Alcor Transport course. If you are interested and in Indiana, Society for Venturism; 1547 W. Dunlap; Phoenix, AZ 85021. Illinois, Kentucky, Ohio, or Michigan, the Indiana group meets in Indianapolis on the second Sunday of each month, at 2:00PM. Call Richard Shock at (317) LIFE EXTENSION FOUNDATION OF HOLLYWOOD, FLORIDA provides 872-3066 (days) or (317) 769-4252 (eves) for further information. members with "inside" information about high-tech anti-aging therapies. for free information call1-800-841-LIFE.

There is a cryonics discussion group in the Boston area meeting on the second Meeting Schedules Sunday each month at 3:00PM. Further information may be obtained by contact­ ing Walter Vannini at (603) 595-8418 (home) or (617) 647-2291 (work). E-mail Alcor business meetings are usually held on the first Sunday of the month (July, at [email protected]. Aug., & Sept.: 2nd Sunday). Guests are welcome. Unless otherwise noted, meet­ ings start at 1 PM. For meeting directions, or if you get·lost, call Alcor at (714) 736-1703 and page the technician on call. Alcor Nevada is in the Las Vegas area. Their meetings are on the second Sunday The SUN, MARCH 7 meeting will be at the home of: of each month at 1:00 PM in the Riverside Casino in Laughlin, Nevada. Free Bill and Maggie Seidel rooms are available at the Riverside Casino on Sunday night to people who call 10627 Youngwortll.Rd., Culver City, CA at least one week in advance. Directions: Take 95 south from Las Vegas, through Henderson, where it forks between 95 and 93. Bear right at the fork and stay on Directions: Take the San Diego (405) Freeway to Culver City. Get off at the Jef­ 95 past Searchlight until you reach the intersection with 163, a little before the ferson Blvd. offramp, heading east (toward Culver City). Go straight across the border with California. Go left on 163 and stay on it until you see signs for intersection of Jefferson Blvd. and Sepulveda Blvd. onto Playa St. Go up Playa Laughlin. You can't miss the Riverside Casino. For more information, call Eric to Overland. Go left on Overland up to Flaxton St. Go right on Flaxton, which Klien at (702) 255-1355. will cross Drakewood and turn into Youngworth Rd. 10627 is on the right (downhill) side of the street.

There is a an Alcor chapter in England, with a full suspension and laboratory facility south of London. Its members are working aggressively to build a solid ALCOR NORTHERN CALIFORNIA MEETINGS: Potluck suppers to meet emergency response, transport, and suspension capability. Meetings are held on and socialize are held the second Sunday of the month beginning at 6:00 PM. All the first Sunday of the month at the AI cor UK facility, and may include classes members and guests are welcome to attend. and tours. The meeting commences at 11:00 A.M., and ends late afternoon. For those interested, there is a business meeting before the potluck at 4:00. Meeting dates: Mar. 7, Aprll4, May 2, June 6, July 4. The address of the facility is: Once every three months there will be a party or gathering at a local eatery and Alcor UK, 18 Potts Marsh Estate, Westham, East Sussex no business meeting. The next dinner out will be in March. See details below. If Telephone: 0323-460257 you would like to organize a party, or have a suggestion about a place to eat con­ tact the chapter secretary, Lola McCrary, 408-238-1318. Directions: From Victoria Station, catch a train for Pevensey West Ham railway station. When you arrive at Pevensey West Ham tum left as you leave the station We are also hoping to have speakers on various topics in the near future. and the road crosses the rail~ay track. Ca_rry on down the road for a couple of hundred yards and Alcor UK 1s on the tradmg estate on your right. Victoria Sta­ MARCH 14, 1993: We will meet at Fresh Choice restaurant, on El Camino near tion has a regular train shuttle connection with Gatwick airport and can reached Bernardo in Sunnyvale at 4:30 for dinner. Fresh Choice is a reasonable priced from Heathrow airport via the amazing London Underground tube or subway all-you-can-eat salad bar that includes soup, bread, dessert and pasta as well, all system. for the same price. They welcome children. THERE WILL BE NO BUSINESS MEETING. People coming for AUK meetings must phone ahead- or else you're on your own, the meeting may have been cancelled, moved, etc etc. For this informati APRIL, 1993: Tentatively, at the home of Carol Shaw and Ralph Merkle, with call Alan Sinclair at 0323 488150. For those living in or around Introduction to Cryonics following the meeting, and potluck at 7:00pm. There metropoli~~ London, you can contact Garret Smyth at 081- 789-1045 or Russell Wh"tak1 t may be a conflict with Easter activities, which has not been resolved. 071- 702-0234. ' er a Alcor Life Extension Foundation Non-Profit Organization 12327 Doherty Street U.S. POSTAGE PAID Riverside, CA 92503 Permit No. 11 Portland, OR 97208

FORWARDING AND RETURN POSTAGE GUARANTEED ADDRESS CORRECTION REQUESTED

For information on cryonics call Alcor: 1-800-367-2228 (toll-free, non-members only) or 1-714-736-1703 (members). E-mail: alcor@cu p. portal.com