Response to Media Allegations

October 7, 2009: Alcor Response to ABC Nightline

Last night, Larry Johnson appeared on ABC's Nightline to promote the sale of his book, Frozen: My Journey into Cryonics, Deception and Death. Mr. Johnson continues to violate legal agreements with Alcor and an Arizona Court's judgment prohibiting him from engaging in such activities. It is inexcusable and indefensible that Mr. Johnson would invade the privacy of private individuals and continue his false allegations against Alcor and its members. Mr. Johnson has had numerous opportunities to defend his actions in a court of law — both in Arizona and New York. He has failed to appear in Court in both states and has taken extreme steps to avoid service of process, and yet has no problem appearing on national television to slander innocent people and attempt to defame a 40 year old nonprofit organization that has gained respect among many in the scientific and medical communities. Johnson's blatant disrespect for the law is yet another example of his disregard for the interests and rights of any other than his own.

Nightline made some efforts to investigate Mr. Johnson's many fallacious claims. Mr. Johnson was caught in his own web of deceit when one of his claimed errors in the Ted Williams case was exposed as false. He was also forced to admit that he tried to profit from the death of baseball great, Ted Williams by charging visitors to his website $20 to view alleged photos of Mr. Williams' cryopreserved head. Such photos, some of which are part of internal case documentation files, were removed from Alcor without authorization by Mr. Johnson. Since August of 2004, Mr. Johnson has refused to abide by a settlement agreement he signed, a formal settlement agreement ordered by the mediator and a Court order to return all audiotapes, photos and the many other illegally obtained documents he removed from Alcor's patient files. Sadly, this is just one of the many instances of Mr. Johnson's shameless profiteering at the expense of the very people he was hired to protect.

While it is impossible to address all the false assertions in Mr. Johnson's book in a brief statement, Alcor would like to set the record straight on some of the specifics addressed in the Nightline segment.

In his book and during the Nightline segment, Mr. Johnson claimed he witnessed Alcor staff striking Ted William's head with a wrench. Mr. Johnson, who was an executive with authority over the procedure in question, also claimed he said nothing about the purported incident when it allegedly occurred nor did he bring it to the attention of any other staff or board member. In fact, multiple individuals verified as documented witnesses to patient transfer procedures state without hesitation that Mr. Johnson's claims are pure fabrication. Alcor's internal investigation did not reveal any reports or recollections of any Alcor patient ever being struck by a wrench or any other object, accidentally or otherwise. Yet this fictional and unsubstantiated report continues to echo, as if it is fact, over and over again in the media.

Johnson's statements about tissue debris, tuna, and cats are fictionalized accounts crafted for maximum tabloid shock value, as is nearly the entirety of his book. Alcor denies exposing patients to any devices or equipment that are not appropriate for their function, clean, and sterile as required. Alcor condemns the gross insensitivity of news media in presenting Johnson's stories as newsworthy, desecrating the memory of Ted Williams to the great upset of his youngest daughter, who was "horrified and shocked" in a New York courtroom on Monday when learning sales of Johnson's book would go forward. This was particularly heinous since the publisher apparently knowingly accelerated release of the book in order to preclude the Temporary Restraining Order requested by Alcor and the Williams family. The situation sadly demonstrates how easy it is for one malicious individual to taint the memory of a great man, emotionally crush a family, and damage decades of work by others. That this is presented as wrong-doing on Alcor's part is incomprehensible.

Johnson also alleged that Ted Williams' head was stored in an unsafe malfunctioning freezer. Patient confidentiality agreements limit Alcor's ability to discuss treatment of specific patients; however, we can confirm that in some instances, and for specific reasons, Alcor neuropatients have been stored for periods as long as one year in a type of low temperature freezer called a Cryostar at temperatures near -130°C. This is done for purposes of relaxing thermal stress prior to final descent to -196°C, the temperature of liquid nitrogen, to reduce the incidence of thermal stress fractures. This is very expensive, so it has only been done in cases where patients privately requested and paid for it, or on recommendation of scientific advisors for certain cases.

Cryostar storage was not done at any risk to patients. Patients were protected from temperature fluctuations by thermal buffering provided by their containers and surrounding foam insulation. In addition, they were surrounded by dry ice. Furthermore, the entire Cryostar freezer was connected to battery-powered liquid nitrogen backup so that even total mechanical failure or power failure could not result in warming. Finally, frequent scheduled and documented human monitoring of Alcor storage facilities would result in rapid detection of any problems. Any statements made by individuals that the Cryostar was unsafe for interim storage were either misinformed, or assumed a freezer not equipped with thermal buffering or backup systems.

As to references to "cracking" in his book and media reports, as former Director of Clinical Services, Johnson knows full well that fracturing is expected in every cryopreservation and is an unavoidable result of cooling large volumes of tissue toward liquid nitrogen temperature. There is an entire essay on this subject and the role of -130°C storage as it pertains to fracturing, on the Alcor website. Mr. Johnson's representations of fracturing (as revealed by Alcor's careful monitoring and documentation of fracturing) as being the result of mishandling is deliberately misleading and crafted for shock value. This whole line of allegation is recycled from Mr. Johnson's allegations in 2003 and has been previously dismissed.

The sensationalized reference to the use of a "hammer and chisel" in a cryopreservation demonstrates either Mr. Johnson's ignorance or an effort to hoodwink the public. In a surgical context, those instruments are called a "mallet and osteotome" commonly used by orthopedists for surgical procedures involving bone. In testimony before a hearing of the Arizona House of Representatives in 2004, Alcor in fact testified that these instruments are utilized in cryonics surgical procedures. Johnson is again recycling his tabloid-style 2003 allegations trying to manufacture scandal where there is none.

Johnson also offered audio tapes claimed to be discussions of the hastening of the death of an AIDS patient cryopreserved by Alcor in 1992, an allegation refuted by the patient's nurse on Nightline. These alleged recordings cannot be independently verified. To the extent the conversations were recorded illegally, taken out of context or edited by Mr. Johnson to suit his personal gain, we need to respect the rights of those individuals to take legal action against Mr. Johnson.

Alcor's operations are overseen by its Board of Directors, which meets on a monthly basis to review reports of Alcor's staff and management and to address other issues of significance to the organization. Alcor's management and its Board of Directors take seriously all reports or allegations of individual or institutional misconduct or other failings in the high operational standards to which Alcor holds itself. Notwithstanding the fact that Mr. Johnson's allegations were not raised to the Board or management at the time when he was an employee, and notwithstanding the six-year delay of some of these allegations and the for-profit format in which he has brought them, and notwithstanding the many allegations already determined to be factually incorrect, Alcor will continue to investigate each and every allegation in Mr. Johnson's book in order to determine whether any internal corrections are warranted. The information collected will be valuable for ongoing and yet-to-be filed lawsuits against Johnson for violations of confidentiality, defamation, and other causes of action related to his prior employment at Alcor.

It is important to note that Mr. Johnson came to Alcor with supposed medical experience, and he was paid and entrusted to improve procedures and ensure the safety and privacy of Alcor members. In his short tenure, Mr. Johnson misappropriated Alcor property for his own financial gain; he invaded the privacy of private individuals by secretly recording their conversations; he absconded with medical records and technical photographs that were taken for documentation purposes and has presented these out of the context in which they were intended in order to make Alcor and its well-founded and documented procedures seem ghoulish in the eyes of the unsuspecting public. Mr. Johnson's actions violated the trust of Alcor, breached the confidence of its members and damaged the reputation of the science of cryonics.

As Nightline asked in the lead-in to the segment, "is this self-styled whistleblower just out to make money?" The answer is a resounding yes.

It is unexplainable and indefensible that Mr. Johnson would voice his allegations in a book for profit and continue these unauthorized disclosures in the press while thumbing his nose at the legal system. Alcor is a non-profit organization, a pioneer in the field of cryonics and categorically denies the false allegations contained in Mr. Johnson's book. We are prepared to take any and all action available within the legal system to protect the rights and privacy of our members. Media exposure of Johnson's false allegations have created a difficult time for the members of Alcor, the families of our patients, and the private individuals who are attacked personally in Mr. Johnson's book, but we have faith in the legal system and believe that, in time, Mr. Johnson will be brought to justice and Alcor will be fully vindicated.

Supplementary Documents:

• Complaint filed in the Supreme Court of New York on October, 5, 2009. This complaint concerns the narrow issue of whether publication of the book by Larry Johnson and Scott Baldyga was a knowing violation of a standing court order and prior legal agreements. The broader issue of the numerous false and defamatory claims of the book will be the subject of separate litigation, likely by numerous parties.
  
• Arizona Court Order against Larry Johnson
• Rebuttal of similar 2003 allegations
• Forensic analysis of Larry Johnson's PC
• Interview with Larry Johnson
• Attempt to sell photographs online
• Explanation of neuropreservation
• Scientists' Open Letter on Cryonics
• Medical professionals in cryonics

October 5, 2009: Alcor Life Extension Foundation Granted Temporary Restraining Order Against Larry Johnson

Earlier today, Judge James Yates of the Supreme Court of the State of New York entered a Temporary Restraining Order against Larry Johnson, forbidding disclosure of any confidential information which is not already contained in his inflammatory and misguided book entitled, Frozen: My Journey into the World of Cryonics. The book was originally scheduled for release on October 6, 2009, but Vanguard Press, the publisher of the book, was allowing sales of the book in advance of today's hearing. It was also admitted at the hearing that Vanguard Press shipped copies of the book despite knowing there was a July 7, 2009 judgment entered in Maricopa County, Arizona against Mr. Johnson, forbidding disclosure of any confidential or illegally obtained information about Alcor, its members or its operations.

Upon receiving the Court's Order, Alcor legal counsel, Clifford A. Wolff stated, "Alcor is pleased that the Court prevented Larry Johnson from any further disclosures of confidential information and that Judge Yates gave validity to the judgment entered against Mr. Johnson in Maricopa County, Arizona. Alcor will continue its legal efforts for sanctions and damages against the defendants in order to protect the privacy rights of its members and employees." 

According to Dr. Ralph Merkle, speaking on behalf of Alcor's Board of Directors, "We are pleased that the Court Order will prevent Mr. Johnson from any further violations of the previously obtained Judgment. The book is based upon illegally obtained and misleading information that also violates the privacy rights of our members and employees." Merkle added, "We are disappointed that a book publisher would knowingly sell for profit confidential information of Alcor and its members even after receiving notice of a previously entered judgment forbidding disclosure."

The book's primary author, Larry Johnson, was employed at Alcor for approximately seven months during 2003. He served as Director of Clinical Services and briefly as Chief Operating Officer. Johnson admits that, during his employment, he stole confidential documents and medical photographs from Alcor and "secretly recorded" private conversations with Alcor staff members.

Obviously, Johnson intentionally invaded the privacy of individuals and abused his position of trust to gather materials for the sale of an exploitive book.

According to Merkle, an internationally respected scientist who has served on the nonprofit organization's Board for over a decade, "Larry Johnson's covert misconduct demonstrates his disrespect for Alcor, its patients, its 900 members, and the law. As an employee of Alcor, his duty was to protect the interests of our members and the public. Unfortunately, his actions seem motivated by nothing more than desire for his own personal gain."

Merkle said that Johnson's main area of responsibility during his tenure at Alcor in 2003 was the supervision of the cryopreservation of Alcor members. According to Merkle, "Johnson expressed none of his lurid and sensationalistic concerns during his employment — when preventing and correcting any such alleged mistakes would have been a major part of his duties. Only afterwards, when he could profit from exaggerations and misrepresentations, did he start to complain about how Alcor performed cryopreservations."

Some of Johnson's most derogatory attacks of Alcor involve alleged mistakes during the cryopreservation of baseball great Ted Williams. Merkle said "It is absurd for Johnson to make these allegations because he had yet to be hired by Alcor when Williams was cryopreserved. Ted Williams was cryopreserved with the care and scientific rigor that Alcor devotes to all its patients. Mr. Johnson's claims are not only harmful to Alcor and its members, but also violate the privacy rights of the Williams family. It is a travesty that Mr. Johnson would knowingly and blatantly violate the Williams family's privacy in utter disregard of both the law and professional norms."

Alcor spokesperson, Cheryl Walsh, added that "publication of a book does not ensure its truthfulness as has been demonstrated in the past in such cases as James Frey's A Million Little Pieces and Herman Rosenblat's An Angel at the Fence. Even Oprah Winfrey, with her expansive staff, was deceived by these authors. Alcor's Board will not and can not stand by and allow Mr. Johnson to tarnish nearly 40 years of diligence and commitment by members, volunteers, scientists and professional staff. Alcor must set the record straight and ensure that Mr. Johnson is not permitted to cause havoc and confusion with his misleading claims."

October 2, 2009: Alcor Denies Media Allegations

The Alcor Life Extension Foundation denies the outrageous allegations against it that have appeared in the media this week. Alcor especially denies mistreating the remains of baseball great Ted Williams. Larry Johnson, the ex Alcor staff member who made these allegations, was not employed at Alcor when Williams was cryopreserved. Johnson's previous attempts to profit from sensational and unfounded allegations against Alcor recently resulted in a Court Order prohibiting him from making further statements about Alcor. "Alcor is actively pursuing litigation regarding these allegations," says Alcor Executive Director, Jennifer Chapman.