Until the night of an office Christmas party in 1957, Wayne
Ritchie was a Marine Corps veteran, a deputy U.S. marshal and a
solid citizen. Overcome by what he later described as depression and
a delusion that everyone had turned against him, he tried to hold up
a bar that night in San Francisco's Fillmore District.
Spared a prison sentence, Ritchie quit his job in disgrace, spent
years fighting off suicidal urges and for more than three decades
lived with guilt and self-contempt -- until a 1999 newspaper article
propelled him into federal court with a lawsuit against the U.S.
government that could soon go to trial.
The article was an obituary of Sidney Gottlieb, director of a CIA
mind- control project called MKULTRA, in which LSD and other drugs
were given to hundreds of unsuspecting Americans during the Cold
War. Ritchie believes he may have been one of the guinea pigs,
especially after the diary of a federal agent involved in MKULTRA
showed he may have been at the same 1957 Christmas party attended by
Ritchie.
Ritchie, now 75 and living in San Jose, "felt that a great weight
had been lifted from his shoulders," said psychiatrist James S.
Ketchum in a report filed in federal court this April. "He wept when
he called his brother with the news."
Ketchum's report, based on six hours of interviews with Ritchie
last year, a review of the case records and research on drugs and
the CIA, concluded the federal marshal had been a victim of the
"covert administration of LSD or an LSD-like substance."
Government lawyers said their own psychiatric expert had
determined Ritchie was probably drunk and certainly wasn't on LSD.
They accused Ritchie of concocting the drugging theory to cash in on
publicity about MKULTRA, the subject of congressional hearings in
the 1970s and a 1997 movie, "Conspiracy Theory."
But a new ruling by a federal judge in San Francisco may have
removed the major obstacles to a trial of the former marshal's $12
million damage suit. The suit claims invasion of privacy,
intentional infliction of emotional distress and negligent
supervision of government employees.
MIND CONTROL
MKULTRA, the government's search for chemicals or techniques to
control human consciousness, was largely a response to reports of
brainwashing of American prisoners during the Korean War.
According to congressional testimony and other records, the CIA
and federal narcotics agents started giving mind-altering drugs to
prison volunteers as well as unsuspecting government employees and
private citizens in the early 1950s and continued to do so for at
least a decade.
"We tested these drugs in bars, in restaurants, in so-called
massage parlors, any place where there was a drink and people were
eating and drinking, " said MKULTRA operative Ike Feldman in a 1999
documentary on the Arts and Entertainment cable network.
Because of the secrecy and destruction of records, many victims
were never told what happened to them, said Ritchie's lawyer, Sidney
Bender.
One unwitting subject, Army chemist Frank Olson, jumped to his
death from a hotel window in 1953 under the influence of LSD that
had been slipped into a glass of Cointreau. Congress approved a
$750,000 payment to his widow in 1976.
The U.S. government later paid a total of $750,000 to settle a
suit by nine Canadians who learned they had been the subjects of
MKULTRA experiments during psychiatric treatment in the mid-1950s.
SUIT FAILED AT TRIAL
At least one lawsuit has gone to trial. It ended in a government
victory in 1999. The suit was filed by Bender on behalf of the
daughter of Stanley Glickman, an American art student who suffered
hallucinations and long-lasting psychiatric damage after being given
a drink by a fellow American in Paris in 1952.
Before his death in 1992, Glickman said the stranger who gave him
the drink resembled the club-footed Gottlieb, but a New York federal
jury that examined government travel records decided Gottlieb had
not been in Paris at the time.
Ritchie's case may depend on the whereabouts of a man named
George White, who in 1957 was a federal Bureau of Narcotics agent
and ran MKULTRA in the Bay Area.
White kept a diary that read, for the day in question, "home flu
-- xmas party Fed bldg Press Room." White was never asked about the
entry before his death in 1975, and its meaning is disputed by the
opposing sides. Ritchie argues the entry shows White either attended
the party or was in touch with other agents who were there. The
government says it shows White stayed home.
Ritchie, then 30, had been a deputy marshal since 1954 after five
years in the Marines and a little over a year as a prison guard at
Alcatraz. At the party, he downed four or five bourbon and sodas
over several hours, then returned to the marshal's office and
started feeling strange.
"I became depressed and was overcome with a sense that all my
friends and acquaintances had turned against me," he said in a court
declaration. He went outside -- where, according to the
psychiatrist's report, he seemed to be walking in a tunnel without
effort and with increasing feelings of paranoia -- and stopped at
several bars, where he conceived the idea of getting money for his
girlfriend to buy a plane ticket to New York, something she had once
mentioned in jest.
HOLDING UP THE BAR
He retrieved his two service revolvers, drove to the Fillmore
bar, demanded money, got distracted and was hit over the head and
knocked unconscious. When police arrived, he tearfully asked one
officer if he could spare a bullet and save the state some money.
A Chronicle story two days later was headlined, "Good Guy Fails
as Bad Guy. " Ritchie pleaded guilty to attempted robbery and was
fined $500 and given a suspended sentence.
"He remained severely depressed for at least six years, and
experienced disturbing flashbacks and nightmares," said Ketchum's
psychiatric report. "His self-esteem was destroyed, and his
lifestyle changed from that of an outgoing, cheerful and ambitious
marshal to that of a guilt-ridden, self-depriving, subdued house
painter, with recurrent suicidal urges."
Ritchie painted houses for 34 years before retiring in 1992, and
now lives with his wife on his union pension and Social Security. He
said his lawyer has told him not to discuss the case.
In her ruling rejecting the government's attempt to dismiss the
suit, Chief U.S. District Judge Marilyn Hall Patel said the usual
deadline for such personal-injury claims -- two years after the
injury occurred -- might not apply to Ritchie's suit more than 40
years after the Christmas party. She said the evidence could show
that, because of government concealment, Ritchie had no reason to
know what had happened to him before reading the 1999 obituary.
"A reasonable person who had never used LSD would not think he
had been exposed to it," the judge said in her July 1 decision. She
noted that Ritchie denied previous knowledge of MKULTRA and that the
government destroyed records of the program in the 1970s.
JOB DESCRIPTION
The government also sought dismissal on the grounds that the
alleged injury occurred while Ritchie was on duty at the Christmas
party and was covered, at most, by workers' compensation benefits,
which Ritchie never sought. But Patel said the normal risks of a
marshal's job do not include involuntary drugging by the CIA.
Patel did not discuss whether the evidence presented so far
supported Ritchie's LSD claim. In a case that concerns decades-old
events with scanty records and few living witnesses, that question
might not be resolved even by a trial -- which, under the federal
law on damage suits against the government,
would be conducted by Patel without a jury.
The Justice Department is making a final attempt to dismiss the
suit without a trial by arguing that Ritchie has presented no
evidence, beyond speculation, that federal agents caused his
injuries. The motion is pending before Patel.
The government denies that Ritchie was an MKULTRA subject and
says the likely explanation is the one he himself believed for more
than 40 years -- that he was drunk. They cite his admission that he
often had 12 to 25 drinks on weekend nights at the time and that he
had been drinking before the robbery attempt.
Psychiatrist Henry D. Abraham, in a declaration filed by the
government, said Ritchie's actions that evening showed few of the
known symptoms of LSD use and included "a complicated set of planned
behaviors" that would be difficult after taking the drug.
But Ketchum countered that Ritchie had never reacted that way to
alcohol before and showed clear signs of LSD intoxication -- a
debate that may soon be replayed in court.
E-mail Bob Egelko at
begelko@sfchronicle.com.