Orlikow v. U.S.
Cite as 682 F.S. 77 (D.D.C. 1988)


80

knowledge of the enemy's theoretical potential thus enabling us to defend ourselves against a foe who might not be as restrained in the use of these techniques as we are.


2 Defendant's Motion Exhibit 2

Many of the early projects involved the us a of Lysergic Acid Diethyamide (LSD) and other drugs and some involved experimentation on unwitting human subjects. Id. 105 S.Ct. at 1884, n. 2. A few tragic deaths occurred from these actions.' Defendant admits that as a result of one specific death, critical letters were given by Director Dulles to the Chief, TSS, Mr. Gibbons, the Chief of the Technical Operations Branch of TSS, Colonel Drum, and the Chief of the Chemical Division of TSS, Dr. Gottlieb. Defendant's Statement of Material Facts as to Which There Is No Genuine Issue, hereinafter "Defendant's Statement" par. 20. Additionally, after the Olson death, Director Dulles "made it clear that these projects should be handled under adequate medical supervision." Defend-ant's Statement par. 22.

In 1955, the CIA set up a secret front organization, known as the Society for the Investigation of Human Ecology (SIHE), to fund further studies. CIA employee, Dr. John Gittinger and Dr. Wolff from Cornell, assisted in the program formation. Approximately a year later, Dr. Gittinger read an article, published in the American Journal of Psychiatry, written by Dr. Ewen Cameron from the Allen Memorial Institute of Psychiatry, and entitled Psychic Driving. Defendant's Motion Exhibit 6. The article prompted him to invite Dr. Cameron to submit an application for SIHE research funds. Defendant's Statement pars. 31-32.

footnote 2. The memorandum refers to two "well,defined" fields of endeavor earmarked by the CIA. The first is listed as research to develop a capability in the covert use of biological and chemical materials. The second field, although cited to in the memorandum was erased from the exhibit. See, C.I.A. v. Sims, 471 U.S. 159, 105 S.Ct. 1881, 85 L.Ed.2d 173 (1985).

footnote 3. The CIA was interested in LSD research because of the concern that the Russians or the Chinese might use it on Americans. In the 1950s tihe drug was much less prevalent in the U.S.A. and its effects less known. The CIA decided that it needed to test LSD on unwitting subjects and selected certain government employees to experiment with. One of the experi-ments involving secret testing occurred in November 1953 when LSD was put in liquor which was served to a group of scientists from the CIA and the Army Special Operations. Dr. Frank Olson, one of the subjects, fell or jumped from a hotel window soon after ingesting the LSD. Defendant's Statement of Material Facts As to Which There Is No Genuine Issue pars. 15-20.



The article described a technique administered to individuals who suffered from varying forms of mental disorders. The technique involved the playback of a significant statement made by the patient though the use of a continuous loop tape recorder. Certain methods were utilized to reduce defense mechanisms and "depatterning" behavior. These techniques were later detailed in an application for research funds submitted to the SIHE. They included the use of "particularly intensive" electroconvulsive shock, sensory isolation, and drug induced continuous sleep for many days. The application requested funds to improve the technique of heteropsychic driving and to investigate the range of physiological functions which can be changed by these procedures. Among the studies proposed were, the use of chemical agents, including LSD, to depattern the individual. Defendant's Motion Exhibit 7. Dr. Cameron characterized his work as the "gateway through which he might pass to a new field of psychotherapeutic methods." Psychic Driving, 112 Am.J.Psy., 502 (January, 1956). Whether in fact the methods used in Dr. Cameron's therapy, particularly those related to "preparing" the patient for Psychic Driving, were therapeutic, ethical or within the standard of medical care, is a pivotai issue disputed in tnis case.

On March 4, 1957, the CIA approved the Cameron grant as MKULTRA Subproject
68 for the period of time from March 18, 1957 to June 30, 1960. Defendant's Statement par. 40. The nine plaintiffs 4 in this




footnote 4. Plaintiffs, all Canadians, are Mrs. David Orlikow, Mr. Jean-Charles Page, Mr. Robert K. Logie, Mrs. Jeanine Huard, Mrs. Lyvia Stadler, Dr. Mary Morrow, Mrs. Rita Zimmerman, Mrs. Florence Langleben and Mr. Louis Weinstein. On April 28, 1986, Mr. Moe Langleben was substituted as a plaintiff for Mrs. Florence Langleben who died.



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