Patrick

Defendant Theodore Patrick appeals from a judgment of conviction on counts of kidnaping (Pen. Code, § 207), false imprisonment (Pen. Code, §§ 236 and 237), and conspiracy to commit both acts (Pen. Code, § 182). The facts of the case involve the emotionally charged issue of deprogramming suspected “cult” members, a field in which Patrick has become nationally if not internationally renowned during the last decade. With perhaps one exception, however, the legal issues presented here do not evoke the same intensity of emotional response as does Patrick’s vocation in the eyes of his proponents and detractors. Reviewing those issues in an objective fashion, we have concluded that while the convictions for false imprisonment and conspiracy to falsely imprison should be stricken, the judgment, insofar as it relates to kidnaping and conspiracy to kidnap, must be affirmed.

Factual and Procedural Background

In 1973, a Maryland family named McElfish concluded their 19-year-old daughter Roberta had become a member of a dangerous religious cult referred to as the Thomas Family. The concerned relatives included Roberta’s father Bobby, her mother Rosemary, and two sisters, Mary…