|

|

|
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
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.]]
 |
|
|
|
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
| |