YURKO UPDATE

 

 

The Final Yurko Update-Great News!
January 14, 2005


U.S.A. - Alan Yurko and thousands of supporters worldwide are rejoicing. After winning a landmark legal battle in Orlando, Florida last August, Alan was freed after seven years in prison. Yurko was convicted of murdering his newborn son by the so-called Shaken Baby Syndrome. However, hundreds of doctors, scientists, and health-freedom activists were able to overturn Yurko's conviction as new evidence uncovered proved his baby was killed by bad vaccines (hot-lots), hospital overdoses of heparin, other drugs, and bad medicine. Equally disturbing was the fact that the coroner, Dr. Shashi Gore, cross-contaminated the autopsy with other cadavers, body parts, and data. Orlando Judge Alan Lawson threw out the murder conviction and gave a strong televised oral opinion noting five separate issues, which included prosecutorial misconduct, ineffective assistance of counsel, new evidence, and of course the disturbing medical issues. "I don't know how you can maintain public trust in a system of justice if you let stand a conviction obtained through the reliance of an autopsy that's so later thoroughly discredited," said Lawson to the court and the public. A special plea-bargain was arranged, and Yurko was released hours later into a sea of TV cameras and dozens of supporters who flew to Orlando to witness the event, some from as far away as Australia and Great Britain.

However, two weeks later, and prompted by Yurko's embittered adversaries, his past would come back to haunt him. Fifteen years ago, Yurko had unlawfully entered a vacant house and then been charged with burglary. He was placed on parole and was not allowed to leave Ohio. However, Yurko left Ohio to be with his pregnant wife who was nursing her terminally-ill stepfather, dying of cancer. "She decided she couldn't let her parents face it alone, and I decided I couldn't let her face it alone, nor miss my son's birth. I was denied permission to leave from my superior. I left anyway. I was wrong," said Yurko. Thus, Yurko was in violation of his supervision. Yurko, now 35 years old, was released last August, only to be re-arrested two weeks later after Ohio revived the violation that it had officially dropped in 1999. He was extradited to Ohio, where he spent four more months in custody.

On January 6, 2005, Yurko was re-paroled and will be freed by March 7th, 2005. His family and band of supporters, who have come to be called "The Yurko Project" are in high spirits after yet another victory.

 

     


Yurko and his wife Francine are National Health Federation members and health activists in the vaccine arena. The Yurko Project, with over 2,000 supporters and over 100 organizations openly backing them, is also helping to free other innocent caretakers, and has been involved in over 80 cases besides Yurko's own. "The NHF was a significant support to us. People think writing letters and helping pay legal costs may not make a difference. In our case, it was everything; and we owe all of our fellow NHF members a debt of gratitude for the years of help and support," said Francine Yurko, Alan's wife and baby Alan's mother, who spearheaded efforts to free him while her husband was in prison.

"Ours is a happy ending and victory. Were it not for the health-freedom movement, myself and many others would still be in prison unjustly. There are many others still inside, and we're going to keep doing something about that as we have been. We will stand and fight for parents rights, and spend our lives, if need be, fighting mandatory/compulsory vaccination," stated Yurko upon being given news of his release.

 

 

The Yurko Project

Click for details

 

 

 

 

January 6, 2005

 

 

Hear ye! Hear ye!

Today, Thursday, January 6, 2005 at approximately 11:00 A.M., the Ohio Parole Board declared that Alan Yurko will be "immediately released" on March 07, 2005! Bureaucracy being what it is, there is a standard 60-day period from the hearing decision to finalize the release process.

After careful review and diligent research into the circumstances surrounding Alan's extradition to Ohio on an outstanding technical parole-violation status for leaving the State of Ohio 7 years ago to see the birth of his son, Alan was released for time served.

At last, Alan will be reunited with his wife Francine, their daughter, and family.

More information will be coming soon, once Alan composes himself and a statement . So stay tuned!

REALLY gratefully,

 

Francine Yurko

 

 

 

 

 

December 2004

 

Alan Yurko's  Evidentiary Hearing & Present Situation

 

In the last issue of Health Freedom News, we had to leave you in suspense as the Yurko evidentiary hearing was still a week away.  After almost seven years in a Florida prison, on the fourth day of the hearing, Alan was released, a free man.  He secured an unexpected release by pleading no-contest to manslaughter after winning the evidentiary hearing that granted him a new trial, awarded on August 27, 2004.  Alan was able to demonstrate that medical malpractice and the contraindicated administration of vaccines, not shaking, caused the death of baby Alan.  The State agreed not to appeal the decision of the court to grant a new trial as it would have taken another two to three years, bringing them back to the same judicial arena, if in turn Alan would agree to plea "no contest" to manslaughter.  Accepting this deal meant that Alan would be released from prison immediately for time served.  This seemed to be the best arrangement: a truce, with the State preserving a "conviction" in the face of an almost certain defeat at retrial and Alan being immediately released from serving an unjust prison sentence instead of spending more years in prison waiting for a retrial and probable appeal.  So, Alan understandably accepted the deal.

 

Sadly, after two weeks of freedom, Alan was rearrested and extradited to Ohio for a parole violation of a property crime committed when he was a teenager, of which he had served all but the last two months of parole.  During those last two months, he had left Ohio to join Francine during the difficult birth of their premature and sickly baby Alan and did not return.  This emotional decision to stay in Florida, caused parole violations (leaving, changing residence, and not reporting), thereby revoking his parole from the 1989 conviction.

 

Alan is currently in a Ohio prison awaiting a January 5, 2005, parole-board panel hearing.  The time served in Florida and since his re-arrest, will count as time served.  So, hypothetically, if the total number of years for violation is given as ten years, he will have three years to serve.  If seven or less years is determined, he'll be given an immediate parole.

 

Alan thanks all who have sent letters of support to the Ohio Parole Board.  This has been and will be an important factor and there is still time to continue sending letters.  He freely admits that he violated his parole and supervision contract, that his choices were irresponsible and wrong, and he is ashamed of his teenage years.  Alan sends an apology to anyone who feels let down but asks that readers not lose faith in him, as he is no longer a teenager and has found purpose, direction, and passion.  Alan states, "I owe a debt of gratitude to all who've stood by me and YP.  I've finally come to like myself, what I am doing, and where my life is going and I'm not letting that go or giving up."

 

So many people have contributed to Alan's cause and it was actually won.  Your thoughts, prayers, and letters will hopefully get him out of this bad situation so that he can be the vital, productive individual that he has grown to be, and continue his efforts for health freedom and awareness.

 

Alan R. Yurko # 216942                         

L.O.R.C.I.                                                 

2075 South Avon-Belden Rd.                             

Grafton, Ohio  44044                              

Institutional   # 216942                              

 

Ohio Parole Board Attention: April

1050 Freeway Drive North

Columbus, Ohio  43229 ~ Fax 614 752 0600

(letter of support, VSP hearing, Alan R. Yurko)

Francine must get copies of Ohio Parole board letters                            

E-mail: FRANSWRLD@aol.com  or

Francine Yurko 

P. O. Box 585965                                                                                

Orlando, Florida 32858

 

 

 

 

 

THE LATEST

November 1, 2004

 

 

FROM:  Ingri Cassel

              Director of Vaccine Liberation

              Spirit Lake, Idaho   www.vaclib.org 

 

We are urging ALL of you who have been following the case of Alan Yurko to read the following appeal letter and consider cut and pasting it into a Word document prior to signing it and then faxing or mailing it to the two appropriate faxes/addresses listed. Alan has been a strong supporter of VacLib and has furthered our cause through his research and well-documented articles.

 

The first letter to Yurko Project supporters is to give you an overview of what Alan is currently facing.

 

Free Your Mind.....
From the Vaccine Paradigm

 

"When we give government
the power to make medical decisions
for us, we, in essence, accept that
the state owns our bodies."

~U.S.Representative Ron Paul, MD

 

 

To: Yurko Project Supporters                                                                        

RE: Alan's Ohio issues

 

As most are aware, after two weeks of freedom, Alan was rearrested at his home in Florida and held for extradition to Ohio. Though it appeared Ohio no longer had any wants or warrants for Alan due to a prior youthful conviction and early release from prison, the state was apparently encouraged to reopen its case with Alan and is currently alleging nine parole violations.

 

In a nutshell, Alan was two months away from paying his total debt to society for a property crime in his youth when he left for Florida to be with Francine when their baby was to be born, prematurely. Because Baby Alan was so sickly, Alan did not return to Ohio and parole violations were attached to his record. Shortly thereafter, Alan was convicted of shaking Baby Alan to death and was sentenced to life plus 10 years without the possibility of parole. Ohio then washed its hands of Alan because he was doing life in Florida.

 

When he secured an unexpected release by pleading no-contest to manslaughter after winning the evidentiary hearing that granted him a new trial, Alan could have just gotten on with his life and resumed his role as husband and father. However, Ohio was encouraged to reopen his case and take him back into custody. So, in essence, because Alan was able to demonstrate that medical malpractice and the contraindicated administration of vaccines, not shaking, caused the death of Baby Alan, the state offered to forego the new trial he had been awarded August 27, 2004, if Alan pled no contest to manslaughter and agreed to be released from prison immediately for time served.

 

It seemed like the best arrangement--like a truce; the state could preserve a conviction in the likely event that they would lose at retrial and Alan could be immediately released from serving a prison sentence that he did not deserve, versus more years in prison waiting for a retrial. But that was not the case. The plea is now being used to further punish Alan in Ohio because it is being considered as an infraction while still on parole for his Ohio conviction.

 

In my life as an independent journalist, I have seen a lot of dirty tricks. This is the dirtiest.

 

For those who do not know Alan or are not familiar with what has happened since the Yurko Project was formed, it could appear as though Alan may just be a common criminal who deserves everything that is happening to him. To those of us who know better, a phenomenally discompassionate system is using whatever means to continue punishing Alan for his real crime: Proving that vaccines made his baby very sick and Baby Alan's death was hastened by emergency room physicians so his organs could be harvested.

 

At this time it looks very bad for Alan. A representative from the Parole Review Board told Alan October 19 that his best bet is to beg for leniency and the Public Defender's Office has denied his request for assistance. He has an initial hearing scheduled for Nov. 8, 2004 and we expect that he'll be seeing the Parole Board by January 2005. It is possible that the board could send him back to prison for several more years.

 

If you believe as I do, then Alan has more than paid his debts to society and that further punishment of this man is a purely vengeful act. It is our hope that we can persuade the Ohio Parole Board to not accommodate the sadistic desires of mean-spirited individuals and that justice is best served by letting Alan go.

 

Please print and sign the letter below and send it to the Ohio State Parole Board. Considering that time is now limited, faxing the Board may be the best route to go, unless you are capable of mailing it 'Priority' or 'Overnight' delivery.  Francine Yurko will also need a copy of your letter to validate the Parole Board's records. Faxing or emailing her a copy would also be best at this point. Francine's fax no. is 407-291-4344 and E-mail: FRANSWRLD@aol.com. An alternative to her fax and email would be mailing to your letter to P.O. Box 585965, Orlando, FL 32858-5965. We have all contributed so much to the cause--and actually won. Let's finish the job by getting Alan out of this horrible situation with our thoughts, our prayers and our letters.

 

Sincerely,

 

Don Harkins

The Idaho Observer

(208) 255-2307

 

 

 

 

OHIO PAROLE BOARD

1050 Freeway Drive North

Columbus, OH 43229

Tel: 614-752-1200

Fax: 614-752-0600

 

RE: Subject: Letter of Support / VSP Hearing, Alan R. Yurko - Institutional No. 216942

Attention:  April

 

Please consider this letter as a request that the Ohio Parole Board exercise its discretion for leniency in the case of Alan R. Yurko. Alan took a plea for manslaughter August 27, 2004, as a means to spare his family the exasperation and expense of a new trial and to obtain immediate early release for time served. A review of the court transcripts or an interview with any of approximately 40 witnesses of Alan's successful evidentiary hearing of August 23-27, 2004 would reveal that his original conviction would likely be overturned in a new trial.

 

Since Alan began building a case for a retrial four years ago, he has accomplished the following:  

  •  Written over 100 articles in medical journals and health publications and is published in, among others, the Journal of Degenerative Diseases, the ICA Review, the British Medical Journal, and the Health Freedom News.

  • Worked with public defenders as well as prosecutors in investigating unexplained infant injuries and death.

  • Was sought out by the Icelandic Supreme Court for consultation.

  • Has helped over 80 families directly with free of charge record reviews, consultations and referrals.

  • Admitted to the board of patrons for the NVIC-UK, on the board of the ICHF (International Council for Health Freedom)

  • Director of Iatrogenic Affairs for CCMRF (Common Cause Medical Research Foundation)

  • Raised funding for many health and educational awareness organizations

  • Helped to forward the cause of vaccine awareness and education.

  • Has become a subject of an ongoing PBS documentary.

  • Has been invited to speak at conventions and on radio programs not only in the U.S. but in other countries as well.

 

Before being released from Florida State Prison and since his release, Alan has been offered several positions with different individuals and/or organizations that deal with health reform, education and/or public awareness. Alan is a huge asset to society and a person deemed worthy of another chance.

 

It is clear that Alan in his youth was convicted and served time in prison for a property crime in Ohio. It is also apparent that, with two months of parole remaining, Alan violated his parole by going to Florida to be there for the birth of his son. While the wisdom of his decision to travel to Florida can be questioned, his intent was not to evade his parole obligations but to be with his baby when he was born. Considering the fact that his intent was not criminal and he was not actually guilty of the crimes for which he was convicted in Florida, justice would be best served in this case if Alan were to be released from custody and, perhaps, ordered to finish out his parole versus more prison time and waste of tax payer funds. 

 

Please show compassion and leniency in the case of Alan R. Yuko as he comes before the Parole Review Board.

 

Sincerely,

 

 

 

 

 

 

 

 

 

 

Update on Alan's current situation
Peter (Yurko Project webmaster)
October 20, 2004

He is now in Ohio (after 19 days en route!) at Lorain Correctional Institution. He has not been capable of writing to anyone during the transport process, and unfortunately he does not have his address book to touch base with many people. I've just sent him envelopes and writing paper, as it will be a bit longer before he'll be able to buy such things himself. I will also be piece-mailing him his address book. Meanwhile, if you would like to write him, his address is:

Alan R. Yurko #216942
Lorain Correctional Institution
2075 South Avon-Belden Rd.
Grafton, OH 44044


The mail rules are basically the same as they were in Florida, with a few changes. He can still have up to 5 pages of written material per package; however, he can no longer receive stamps. Now he can receive only 'embossed envelopes' (pre-stamped envelopes from the post office). And, he can have only 3 of those embossed envelopes per package sent. He can also have up to 4 sheets of writing paper (stationery) per package. So, a single mailing can contain up to 5 written pages, 3 Post-Office postage- stamped envelopes, and 4 sheets of stationery.

I was just given notice that Alan's parole board hearing will be 08 Nov 04 (2.5wks away). He should learn of the outcome directly after the hearing.

If you have already sent your support letter to the parole board on Alan's behalf, many thanks. Please make sure you have sent me a signed copy of it ( ypwebmaster@geminipress.com ). If you have not yet sent me a copy, please do so now.

For those of you that still would like to send in a letter of support for Alan, you still can. See recent update below for instructions. Considering time is limited at this point to 'mail in' letters, I would suggest 'faxing' your letter into the board. If you do not have fax ability then perhaps mailing it 'priority mail' (2-3 days) would be most expedient. I have compiled copies of all letters received by me thus far to send to Alan for the hearing.

Once again, we Thank You for your support. The next update on the matter will come after his parole hearing.

Peter Tocci
Francine & Alan Yurko

 

 

 

 

September 15, 2004

 

 

Attention All Yurko Project Supporters:

Just when we thought it was safe to go back in the water... we have one
more storm to weather. After two weeks of joyous freedom and family
reunion, Alan was arrested for a parole violation dating back to an
incident from 1989.

Although this is not a YP matter per se, it does involve the Yurko
Family. This matter is unrelated to, and does not reflect upon, the more
recent case of baby Alan. We are explaining the following situation so
you are informed as to the facts. Our lawyers and law enforcement
authorities had repeatedly checked into this. We were assured the matter
was closed, and therefore there was no need for concern or further
discussion about it.

As we hope you know, we have always made it a point to be upfront with
our supporters, which is why we post all issues pertaining to his case on
our website for all to read. Again, this is an unrelated situation that
Alan deeply regretted and assumed was behind him. 

Here's what happened:
As a teenager in Ohio, Alan was charged with burglary. He had been
associating with a group of teens who got into trouble, and he makes no
excuses. He served about six years and was released on parole for good
behavior and the fact that this was a crime of property and not person.
For clarification, there was no weapon or violence involved, there was no
one home, and nothing was taken.

The problem? Alan was paroled in the summer of 1996. We met in Ohio after his release, but I moved to Orlando when I learned my stepfather there
was dying of cancer. I was pregnant with baby Alan, and Alan made the
unwise decision to leave Ohio without permission so he could support me
and be with me during the birth. He had two months remaining on his parole.

Alan accepts responsibility for his actions and choices and the violation
of that parole. He wants nothing more than to make things right and make
peace with that past so that he can move forward, get on with his life
and be reunited with his family.

Alan sits in holding until he is extradited back to Ohio. They have a
standard 10-day extradition time, perhaps longer if they need an
extension due to Hurricane Ivan, which is now approaching. Once he gets
to Ohio, the timeframe for a hearing with the parole board to determine
the outcome is also uncertain. 
 
Many of you have offered to write to the Parole Board and show your
support on Alan's behalf. This is a kind gesture that would be most
appreciated and helpful. (Please see below for information you may want
to include.) You MUST mail to Francine a "copy" of your Support Letter
Yurko Po Box 585965, Orlando, FL 32858-5965. Time is of the essence and immediate action would need to be taken. You can show your support for Alan by mailing and/or faxing correspondence to:

OHIO PAROLE BOARD
1050 Freeway Drive North
Columbus, OH 43229
Tel: 614-752-1200
Fax: 614-752-0600

Subject: Letter of Support / VSP Hearing
Alan R. Yurko - Institutional No. 216942
Attn' April

I have been asked to give some guidelines on what a letter might include.
Some points to consider would be to:

Request leniency due his good works from prison and time already served.
Request his parole to be reinstated versus further prison time.
Express your support for him and any efforts you can make as he rebuilds
his life/employment opportunities, speaking engagement offers, etc.
Express any experiences you may have in knowing Alan: how long, how you
came to know him, what you have learned from him, what he has done from
prison to help your situation or what he has done for others, the
contributions he has made to society and the medical and legal
communities etc.

These are a few points that come to mind; please consider the following,
as well:

For Those Inquiring Minds...

  • Alan has written over 100 articles in medical and health publications.

  • He is published in the Journal of Degenerative Diseases, the ICA
    Review, the British Medical Journal, and the Health Freedom News,
    just to name a few.

  • He's worked with public defenders as well as prosecutors in finding
    truth in unexplained infant injuries and death.

  • He's been sought out by the Icelandic Supreme Court for consultation.

  • He's helped over 80 families directly with free of charge record
    reviews, consultations and referrals.

  • He's on the board of patrons for the NVIC-UK, on the board of the ICHF (International Council for Health Freedom)

  • Director of Iatrogenic Affairs for CCMRF (Common Cause Medical Research Foundation)

  • Has raised funding for many health and educational awareness organizations

  • Has helped to forward the cause of vaccine awareness and education.

  • He's subject to an ongoing PBS documentary.

  • He's been asked to speak at conventions and on radio programs not only in the US but in other countries as well.

  • He's been offered several positions with different individuals and/or
    organizations that deal with health reform, education and/or public awareness.

These are just some of Alan's accomplishments and involvements over the
past several years that demonstrate his abilities and dedication to society.

Once again we Thank You for your support and we'll keep you posted as his
parole situation progresses. If you have further questions please email
Francine at FRANSWRLD@aol.com.

Much Love and Appreciation,
Francine and Alan Yurko

 

 

 

A Message from Alan (September 13th, 2004)

 

Arrest of Alan Yurko September 9, 2004 Past Parole Violation

 

My incarceration on 9 September '04 stems from an old parole violation. This matter originated in 1989 and has nothing to do with shaken babies, vaccines, medical mistakes and prosecutorial misconduct. This was a crime of property and not a crime of person. As well, our legal team reported that the case was closed and the warrants withdrawn in 1999. We assumed this to be true and that this was over with. We were sure that my release was a new start for us, and this arrest was more of a shock to us than to anyone.

However, we are glad that we are able to face this and do whatever we have to do to make things right. I deeply regret the actions of my youth and pray that the last seven years will have some bearing and influence in regards to such.

I am not the same person I was all those years ago. The birth and death of my son has completely changed me on many levels. I have no excuse for my past actions and the poor choices made. I accept full responsibility for my actions. I am completely and utterly ashamed of my teenage years, as well as my decision to violate parole.

Many of you who have been with us through the years are aware of my past record. Although it is something that we do not broadcast, we also do not hide it. I pray that the misadventures of my past do not overshadow the accomplishments of the past seven years. As well, I hope that future goals will not be hindered.

Our goals and our dreams are still to reunite our family and continue to raise awareness, help those in need, raise money for charities and work with the medico-legal communities to help the course of justice and truth. Thanks to all of you who stand by us unwaveringly. We will do what is right and not let you down.

Much Love and Gratitude,
Alan R. Yurko

 

[Note from Peter, the webmaster: Until things settle down a bit, or unless you have an urgent matter, we ask that you please hold off for a while with calls and emails to them and to ypwebmaster. Alan was out less than two weeks, and half of that was dodging a hurricane. With the 9 September '04 arrest for an old parole violation, you can imagine the chaos that is ongoing. Francine hasn't been able to look at all their many emails--too much happening. So, although they, and I, appreciate all the messages and information, it is possible to have too much of a good thing. I still have a folder full of mail (160 messages) yet to send them, and have been fielding questions and comments like a madman. Your understanding appreciated. We will keep you posted on developments.]
 

 

Message from the Yurkos:

Hello everyone!

Please forgive our silence. We have had to evacuate our home due to
Hurricane FRANCES. Once we return to Orlando and make repairs (we got lucky and the house is not beyond repair), we will let everyone know what's been going on and all the wonderful things that are emerging as a result of the VICTORY!!!

However, we want to say thank you to everyone who helped make our success possible. We had to pack whatever we could into the car and head for safer haven, as our home is a trailer; thus evacuation was mandatory. Lo and behold, another hurricane (IVAN) is due to hit Florida in a few more days, so we may have to evacuate again (egads!!). We don't have a cell phone so we are sort of incommunicado. Thanks for being patient while we ride out these storms!

Much love and gratitude,
Alan and Francine Yurko

PS - This is the FIRST email Alan has ever sent! Yay!

[[Note from Peter, the webmaster: As of this writing, Alan has been out less than two weeks, and half of that has been dodging a hurricane. You can imagine the settling down and adjustments that are ongoing. Alan and Francine haven't looked at their email or listened to phone messages (I'd bet the machine is full right now)--too much happening. So, although they, and I, appreciate all the warm messages and information, it is possible to have too much of a good thing. I still have a folder full of things yet to send them, and have been fielding questions and comments like a madman. So, they, and I, ask, that until things settle down a bit, or unless you have some extremely urgent matter, please hold off for a while with calls and emails. Your understanding appreciated.]]


 

YURKO PROJECT UPDATE

 

See Evidentiary Trial details below.



 

 

Alan Yurko Evidentiary Hearing

(Daily Update of hearing)
by Don Harkins

Idaho Observer/VacLib court reporter
 


DAY 1

August 23,  2004
 

Orlando, Florida


Alan Yurko's long-awaited evidentiary hearing got off to a disappointing start here today for 40 Yurko supporters, but by lunch the tide had noticeably turned in Yurko's favor and, by 5 p.m., it was obvious that the prosecution was losing ground.

New evidence has surfaced indicating that the contraindicated administration of vaccines and medical malpractice, not shaking, caused the death of baby Alan.

The hearing began with District 9 Medical Examiner's Office
Administrative Staff Supervisor, Sheri Blanton with a stack of records to be admitted into evidence.

Yurko attorney Mary Fitzgibbons alluded to the mixup in baby Alan's records and autopsy with another infant who was an older, black baby.

On redirect, Prosecutor Lerner attempted to rationalize the mixup due to the numbers of babies that must have died during the same time period. To Lerner's obvious dismay, Blanton explained that no babies died at that hospital one week before or one week after baby Alan died.

The records were admitted without objection from the state.

The opening salvo was a direct hit on the prosecution's case against Yurko. The second witness proved to be a point for the other side when Dr. Archie Kalokerinos was disqualified by the court as an expert witness. Dr. Kalokerinos's work in the Australian outback in the 60s and 70s proved that vaccines were killing and injuring large numbers of Aborigine children. He discovered that, by injecting the children with vitamin C, adverse reactions were dramatically reduced. Because his findings were met with hostility rather than being "generally accepted by the medical community" his testimony and 50 years' experience with vaccines and vaccine injuries were not to be considered by the court. Such is the course of "justice."

[Editor's note: The court may not have heard the brilliant and dedicated Dr. Kalokerinos, who flew all the way from Australia to be so disrespectfully treated, but anyone in the Orlando area Friday night 27 August will have the privilege--at a talk he will give on SIDS and SBS. (See end of this email for details).

Witness three was the custodian of records from the office of baby Alan's Pediatrician Dr. Richard Sagg. The records were accepted without objection.

Following was telephone testimony from Dr. Sagg of Orlando. It was not clear why he was not required to appear in person. The telephone exchanges were cumbersome---but revealing.

Dr. Sagg admitted that baby Alan was born with pneumonia, his breathing had been assisted by a ventilator and he was jaundiced. When his parents explained that their little boy was constipated and often had diarrhea, Dr. Sagg prescribed a teaspoon of Karo Syrup with a bottle of formula. He then explained that baby Alan was a healthy baby and it was safe to administer DTaP, OPV and HIB vaccines to him on the last of four visits
Nov. 11, 1997.

Board Certified Internist Jerry Bush, MD was the fifth witness, and he did an excellent job of explaining how "The confluence" of baby Alan's medical problems and "medical neglect," not the alleged shaking by his father, led to his death.

Recognizing that Dr. Bush's logical and credible expert testimony was damaging his case, he attempted unsuccessfully to discredit the witness on redirect after returning from the lunch break.

His lengthy attempted assault on Dr. Bush' s credibility allowed this
thorough man to place much more medically logical information onto the record than would have been entered otherwise. During one volley of redirect, Fitzgibbons asked him, "Would you say he [baby Alan] died of natural causes?" "Yes, if medical negligence is a 'natural cause,'" quoth Dr. Bush!

The sixth witness was a hospital employee who was identified as a
custodian of hospital records. The records for which she was custodian were admitted without objection.

Mark Strong, RN, of TransLife, the organ-harvesting company that
harvested baby Alan's heart, intestines and liver, stated that the heart, which was given to a child in Alabama, was not autopsied, contrary to the original autopsy report by discredited Medical Examiner, Shashi B. Gore--- the report which was used to convict Yurko of shaking his baby to death.
He also said that organs are harvested on demand---"sometimes from healthy people, sometimes from ill people." Conspicuously absent from the witness list is Dr. Gore, who retired in disgrace earlier this summer.

The eighth and final witness of the day was Ophthalmologist Horace B. Gardner, Horace B. Gardner, MD, JD, who, in a very illustrative and entertaining manner, testified as to the nature of retinal bleeds observed by Dr. Gore. He also cast doubt on the entire SBS theory by stating, "Every doctor has seen the same amount of shaken babies who developed SBS--zero." The day's testimony concluded with Dr. Gardner stating that the retinal bleeding could have been caused by the hospital which administered excessive doses of the blood thinner heparin just
prior to baby Alan's death and that it was "impossible" for Dr. Gore to pinpoint the time baby Alan's retinal bleeding started, as he attempted to do in the discredited autopsy report.

Tuesday's proceedings will begin with a the prosecution's cross
examination of Dr. Gardner.

Post Script: The entire event was recorded by a production crew employed by Gary Null and a FOX news affiliate. The FOX news team out of Orlando broadcast a segment reporting the Yurko case on local TV. Several of us who witnessed the events of the day had just had dinner together when the news came on. Yurko supporters can be assured that the editorial slant overwhelmingly favored Yurko.

The witnesses independently and in accordance with the expertise they have amassed in their respective medical disciplines, wove a logical sequence of events that make a powerful case for Yurko. I will say that something big is coming, but cannot say anything more at this time.

We are prayerfully optimistic that Yurko will prevail in this evidentiary hearing and will be granted a new trial. An update will be forthcoming after the conclusion of tomorrow's activities.



DAY 2

August 24, 2004

"Objection"


Just like day one, day two of Alan Yurko's evidentiary hearing began a little shaky and ended on a positive note. Obviously reeling from the courtroom beating the prosecution received on day one, Robyn Wilkinson took over from Michael Lerner to cross examine Dr. Horace Gardner. She came out of the blocks angry, vindictive and used her estimable prowess as an attorney to confuse and badger Dr. Gardner. The tactic was effective, as the previous day's excellent testimony from the Colorado ophthalmologist appeared to have been neutralized.

Yurko supporters and counsel noted the tactical change and intuited the desperation that must have driven the prosecutors to implement it.

The second witness was Dr. Jane Orient who is currently heads the
Association of American Physicians and Surgeons and has impeccable credentials as an internal medicine specialist and diagnostician. She has authored a medical text book that is in its third edition, has written 50 peer-reviewed articles for 12 medical journals, has testified in courts, legislatures and congress, teaches continuing education classes to medical professionals and sits on the boards of medical associations. Fitzgibbons asked the court to accept Dr. Orient's testimony as an expert diagnostician and internal medicine specialist.

Prosecutors deposed Dr. Orient last June and knew that Dr. Orient would wreak havoc on their "case" against Yurko. After requesting to "voir dire" Dr. Orient, Wilkinson resumed her rude and confrontive demeanor to in a transparent effort to discredit Dr. Orient as an expert witness.

Dr. Orient handled herself very well and was accepted as an expert
diagnostician and internist.

While being questioned by Fitzgibbons, Dr. Orient, with composed
confidence, ran the full gamut of what happened, what should have
happened, and what did not happen the day baby Alan died. As far as Dr. Orient was concerned, Yurko had rushed his critically sick child to the hospital which then pumped the infant full of drugs and never considered anything other than SBS as the cause of his multiple health issues and eventual death. She explained that twice the hospital declared brain death and that in neither instance did the staff follow established protocols for making such a declaration. "They kept circulation going long enough to preserve the baby's organs for harvest," Dr. Orient stated.

Upon cross examination, Wilkinson launched into Dr. Orient in such a rude and disrespectful manner even the judge seemed surprised and embarrassed.


Though for a brief time Dr. Orient did seem a little irritated, but she
regained her composure and turned the tables on Wilkinson by simply responding as a professional fully in control of her emotions and confident in her expertise.

For 45 minutes Wilkinson worked herself into a frustrated frenzy while Dr. Orient calmly answered questions. Much more material beneficial to Yurko's case got onto the record because of the prosecution's frantic attempt to discredit this witness. Toward the end of the ordeal, Dr. Orient was given the opportunity to state, "People believe and there is a theory, but there is no evidence of SBS."

"Oh my God," a visibly shaken and angry Wilkinson muttered as she turned away from the lectern and sat down to prepare for the next witness.

And then it got worse for the prosecution. Forensic Pathologist Stephen J. Nelson, MD took the stand. Dr. Nelson is the man who administrated the disciplinary action against his colleague Chief Medical Examiner Shashi B. Gore, MD for the numerous inconsistencies in the autopsy report that served to send Yurko to prison for life without parole for shaking his baby to death.

Lerner continually objected while Fitzgibbons was questioning Nelson as to the specifics of the errors in Dr. Gore's thoroughly discredited report. His objections were based on the fact that the material had already been heard in Gore 's Feb. 17, 2004 trial and was, therefore, not germane to the proceedings. He was repeatedly overruled and was not scoring any points with Judge Lawson in the process.

Nelson would not admit that, had Gore's autopsy report been accurate, Yurko would not have been convicted. He did state, however, that, to his knowledge this was the first time a chief medical examiner had been so severely disciplined under such circumstances. Dr. Nelson said that Dr. Gore would have been removed if he had not been so close to retirement.

After his February "conviction," Gore was ordered to conduct his
administrative affairs only and not to touch another body until he
retired (presumably with full benefits). Under cross examination, Lerner kept referring to the gross errors on the report---like tissue samples from a heart that had already been harvested and covering up the irresponsible doses of heparin administered to baby Alan before he died--- as "typographical errors."

The badger and confuse game plan continued with Dr. Harold Buttram whose calm, noble, knowledgeable presence was not to be disrupted by the flailing prosecutors.

Dr. Buttram has been operating a family medicine practice for 42 years and was accepted with no objection as an expert in environmental medicine. His passion is the study of the effect of toxic chemicals on the human body. His motivation is love for children and his concern that he has been observing them as they have gotten sicker and sicker as the years have gone by.

Baby Alan, who was born fragile and premature with multiple health
issues, was given six vaccines when he was only 2 weeks past true
gestational age. According to calculations, those injections delivered into baby Alan's already struggling body 100 times the EPA safe-allowable limit of mercury for one day.

Dr. Buttram stated that he had spent about 1,000 hours on this case and had spent six months preparing for this hearing. Amid the expected objections and badgering by Lerner, who had taken over the cross examination duties because Wilkinson had apparently lost her composure, Dr. Buttram was able to tell the entire story of what most likely happened during the short, but important life of baby Alan (I am not sure why, but I just started sobbing with that thought).

"It was vaccines that triggered the chain of events that led to his
death," said Dr. Buttram, who added, "I would never vaccinate a preemie and would never give six vaccines at once, and would always administer them with vitamin C and vitamin A."

Lerner then attempted to discredit this marvelous, compassionate man for his religious beliefs. The irony is too much to not mention: This prosecutor whose tunnel vision is compelling him to use any pathetic trick he can to keep an innocent man in prison for the rest of his life, was assaulting the beliefs of a deeply spiritual Christian man who has lived his entire life for the purpose keeping people free, alive and healthy.

The last witness of the day was Dr. F. Edward Yazbak. It is getting late so I will pick up with this witness tomorrow as he will be back on the stand first thing. Let me just leave you with today's cliff hanger: The carnage continues and Dr. Yazbak hit on something that has caused the most ardent string of objections from the prosecution to date.

The raw nerve has been hit.

Until tomorrow, Reporting from Orlando Florida, Don Harkins for the Yurko Project

 

 

 

DAY 3
August 25, 2004

"Shrunken Baby"


(Note: Since Day 1, Alan has been dressed in a dark blue jail jumpsuit and that he has been required to sit all day long in waist chains with only his right hand [his writing hand] free—-even though at all times three or four armed police have been stationed in the room. No way this dangerous menace to society is going to jump court, eh?)

Day three of the Yurko Project evidentiary hearing revealed the depths to which organized medicine is willing sink in order to harvest a baby’ s organs for its spare parts industry. It was also shown that disgraced District 9 Chief Medical Examiner Shashi Gore “commingled” tissue and/or data in to such an extent that we have no way of knowing how many babies’ information was contained in the autopsy report used to convict Alan Yurko of shaking his infant son to death.

F. Edward Yazbak, MD had established himself as an expert in pediatrics and the prescribed administration of vaccines, with over 40 year’s experience by the close of Day 2. Prior to Judge Lawson declaring the court in recess, Dr. Yazbak had indicated that he was appalled at the incomplete nature of baby Alan’s shot records. Dr. Yazbak described the importance of thorough record-keeping so that babies are protected from being administered excessive amounts of vaccines and other drugs. “These are little guys and we are giving them large amounts of toxins-—we have to be careful,” he commented.

Regarding the brain bleeding and retinal hemorrhages, Dr. Yazbak explained that it is impossible for a trauma, such as shaking, to cause these types of injuries without damaging the neck or the spine. As soon as he mentioned this important fact of biomechanics, Prosecutor Lerner began raising objections. Judge Lawson overruled Lerner’s objections and Dr. Yazbak stated, “I believe in my heart this baby was not harmed by his father.”

The morning session on Day 3 began with the cross examination of defense witness Dr. Yazbak. The prosecution had noticeably abandoned its “badger and confuse” strategy of the previous day and was resigned to repeated objections-—most of which were overruled by Judge C. Alan Lawson.

Amid near-panic objections from Lerner, Dr. Yazbak stated it was more likely that baby Alan’s injuries were the result of panicked and unintentionally-violent attempts at resuscitation than intentional abuse. “The neck was absolutely fine. In all whiplash injuries, the neck is harmed before the head—-often without brain injuries.”

In spite of repeated objections from Lerner, Dr. Yazbak explained his analysis that baby Alan was declared brain dead Nov. 27 and that his body was “…kept alive biologically” until 3:45 a.m. on the 29th until after his organs had been harvested.”

He also stated his opinion that an excessive dose of the blood thinner heparin was administered to a brain-dead baby to prevent his blood from clotting before his organs could be harvested.

Lerner’s insistence that Dr. Yazbak’s views are not in keeping with “commonly accepted medical views” opened the door for him to explain how the CDC ignores Congress (Dr. Dave Wheldon [R-Fla.]), contracts with foreign nations (Danish MMR study) to defraud the world and justify the continuation of its “commonly accepted” medical views.

When Dr. Yazbak was finally excused after a total of over three hours on the stand, he was replaced by retired chief medical examiner James Weiner, MD, a tenured and well-respected forensic pathologist, who began reciting a verbal autopsy of Gore’s autopsy report.

He stated that the purpose of an autopsy report is to explain how someone died. If the report is flawed, all opinions based on the report are suspect. He then began to go through the list of discrepancies, conflicts and anomalies contained in the report that was instrumental in convicting Yurko in 1999. In one example, he shows how baby Alan’s head had been measured at 37 centimeters shortly after birth, but was measured at 23 centimeters on Gore’s autopsy report. “Dr. Weiner,” Yurko attorney Fitzgibbons interrupted, “Do you believe baby Alan was the victim of ‘shrunken baby’ syndrome?”

Everyone in the room but the prosecution laughed—-and there was no objection from the state. From that point on Gore’s autopsy report seemed to achieve the unofficial status of “farce” in the minds of all of those in courtroom 7D.

With no objections from the prosecution, Dr. Weiner used terms such as “grossly negligent” and “garbage in/garbage out” to describe the report that was, in his expert opinion, “useless.”

“This is not typographical errors or small mistakes... this is the most egregious autopsy report I have ever seen,” said Dr. Weiner, who admitted that Gore may have criminally violated state public records laws by signing his name to this document.

“I believe it is a grave miscarriage of justice for a person to be convicted based on this autopsy report," Dr. Weiner stated.

Aside from the new evidence presented indicating the roles played by the contraindicated administration of vaccines, medical malpractice and fraud in the death of baby Alan and the sentence of life in prison for Alan, the Yurko Project is also demanding relief due to “ineffective assistance of counsel.” In the 1997 trial, Alan was represented by the Orange County Public Defender’s Office. It’s retired chief of 20 years, Prof. Joe W. DuRocher, JD willingly complied with a subpoena and testified on behalf of the Yurko Project as to how his office failed to provide the grieving father a proper defense.

Prof. DuRocher attended Gore’s sanction hearing last February and has resolved to do what he can to help reverse Yurko’s wrongful conviction. At that time, DuRocher and his staff knew very little about SBS and relied on the information from Gore to be accurate.

Lerner, refusing to accept that Yurko’s representation was “ineffective,” insisted that counsel performed as professionally as it could under the circumstances. It was as if Lerner was now admitting that Gore’s autopsy report and testimony as to its conclusions may have been erroneous, even corrupt, but that was Gore’s fault—-not the fault of the public defender’s office.

The Yurko Project was ready for its last witness ahead of schedule. Since he could not attend at that time, the prosecution’s first witness, former Yurko public defender Junior Barrett, was called to the stand. Lerner attempted to establish that Barrett used due diligence to co-defend Yurko with Bob Lar. Upon cross examination, Fitzgibbons asked several questions about the 1999 representation of Yurko for which Barrett genuinely had no recollection.

It struck me that Barrett, who was not avoiding questions or being belligerent, did not bother to prepare himself as a witness for Yurko’s evidentiary hearing—-establishing a pattern of not caring about whether or not Yurko spends the rest of his life in prison for a murder that new evidence proves he did not commit.

Fitzgibbons nicely cross examined Barrett who admitted he recalls not adequately cross examining Gore and that he knew there was a “problem” with Gore’s autopsy report. He remembers that Yurko turned down every plea agreement offered because he was innocent of the crime. It was also Barrett’s belief, then and now, that Yurko did not shake his baby to death.

Postscript: The state has three more witnesses. It appears both sides may rest tomorrow (26 August). Here's the list of possibilities in order of worst to best:

1. Judge Lawson denies a new trial and Yurko goes back to   

    prison for life without parole.
2. Judge Lawson grants a new trial and orders that Yurko 

    remain in custody pending the outcome of a trial to be 

    scheduled some months down the road.
3. Judge Lawson grants a new trial and releases Yurko on his

    own recognizance and schedules a trial some months down

    the road.
4. Judge Lawson grants a new trial and the prosecution decides

    not to refile charges against Yurko who is then made a free

    man.
[Editor's note: don't quote me, but there might be one more possibility, the best of all, that the judge peremptorily vacates the sentence—if he has that power over a jury conviction.]

At this time I believe it is appropriate to request that everyone who receives this post send thoughts and prayer for Alan Yurko and family. You all know that a victory is warranted here and what a win in this case will mean to those currently imprisoned as scapegoats for medical malpractice and the contraindicated administration of vaccines.

Reporting from Orlando, Don Harkins for the Yurko Project

 

Day 4
August 26, 2004


The fourth day of the evidentiary hearing brought to the stand three witnesses for the prosecution, who found the body of evidence in this case does indicate that Alan was guilty of shaking his baby to death.

While it appears that Matthew A. Seibel, MD, Ben Guedes, MD and John Tilelli, MD truly believe that baby Alan died of injuries inflicted by the father, they also admitted to not taking into consideration certain medical records and his tragic medical history. Each witness also stated as fact things that defense witnesses and YP supporters find impossible to believe.

The first witness of Day 4 was Dr. Seibel—a pediatrician who, at the time had a thriving private practice and was a consultant for the county’s child protection team. Dr. Seibel was called in to analyze the situation for possible child abuse. He explained that baby Alan arrived at the hospital in “grave condition” and was possibly “brain dead” by the time he examined him the evening of Nov. 24, 1997.

There was no doubt in Dr. Seibel’s mind at that time that baby Alan’s “rib fractures,” subdural hematomas and retinal hemorrhages were the result of child abuse. “One has to suffer a severe trauma to have retinal bleeding.”

The prosecution also asked Dr. Seibel if there could be any relationship between the administration of vaccines and baby Alan’s injuries. “There is nothing in the medical literature saying vaccines cause retinal bleeding and subdural hematomas.”

Point by point, the prosecution asked Dr. Seibel if baby Alan’s injuries could be explained by the factors contained in his prenatal history, post natal complications or the treatment he received at the hospital. In each case Dr. Seibel said, “No.”

Upon cross examination, Yurko attorney Mary Beth Fitzgibbons revealed several inconsistencies in Dr. Seibel’s testimony, the most blatant having to do with the civil action he filed against Fran Yurko for libel and slander regarding comments posted to the Yurko Project website. He claimed that he was demanding no monetary compensation from the suit. But, right on the lawsuit was a claim for damages of $15,000.

Fitzgibbons asked Dr. Seibel if, presented with a child with all baby Alan’s existing health issues, would he vaccinate? His response was (contrary to precautions on most vaccine package inserts) that these health issues “…are not an indication of withholding immunizations.”

It was shocking to us all that these are the people responsible for maintaining the standard of public health.

The second witness was Dr. Ben Guedes—the emergency room physician who first saw baby Alan. Dr. Guedes testified that he immediately believed that baby Alan’s condition was terminal. Within 6-7 hours he began administering heparin to “keep his veins open,” but claims his treatment of baby Alan was not for the purpose of keeping his body alive for organ harvest.

Dr. Guedes was a very passive witness, sad really. He said that he has never heard of vaccines causing the kind of injuries suffered by baby Alan and admitted that, even though he agreed with the diagnosis of SBS, he did not keep up on the subject of SBS.

Like Dr. Seibel, Dr. Guedes did not review any material about baby Alan’s medical history before coming to the conclusion that he was the victim of intentionally inflicted trauma.

The final witness was pediatrician John Tilelli, MD who at least reviewed baby Alan’s prenatal history before testifying in support of the prosecution. Dr. Tilelli is a mouthpiece for the pharmaceutical industry. He stated that baby Yurko was admitted 13 days after being vaccinated, and it is impossible for his injuries to be related to the vaccines because the