>Subject: Re: Re; A Doctor Who Didn't Give In To The *System*
>From: Peter Bowditch
[email protected]
>Date: 3/5/2004 4:44 AM Pacific Standard Time
>Message-id: <
[email protected]>
>
>
[email protected] (Jan) wrote:
>
>>Inspite of the usual treatment form organized medicine which includes the
>FDA.
>>GOD BLESS HIM!!!!!
>>
>>
http://www.cancermed.com/burzynski_brochure.pdf
>
>I believe that the current price
We know what you believe.
Organzed brainwashing.
I repeat:
>Re; A Doctor Who Didn't Give In To The *System*
>Inspite of the usual treatment form organized medicine which includes the FDA.
>>GOD BLESS HIM!!!!!
From a jurior involved in this *despicable* witch hunt.
*I was recently a juror on a Federal trial in Houston, Texas. The case was Criminal Number H95-290,
United States of America, Plaintiff, vs. Stanislaw Burzynski, M.D. and The Burzynski Research
Institute, Inc., Defendants. The trial ended in a hung jury (6 wanted to convict on all counts of
the indictment and 6 wanted to acquit on all counts). This letter is to inform you of how upset I am
at how my time and tax dollars were wasted on this trial.
In the first place, this trial should never have been tried in a criminal court. In a Court Order
(Civil Action No. H-83-2069) filed on May 24, 1983, signed by Gabrielle K. McDonald, United States
District judge, it was stated, "It is further ORDERED, ADJUDGED and DECREED; a) that the
jurisdiction of this court is retained for the purpose of enforcing or modifying this injunction and
for the purpose of granting such additional relief that hereafter may appear necessary or
appropriate." This case, which began on January 6, 1997, involved the FDA and their apparent anger
at Dr. Burzynski for continuing to make available his unapproved new drug, Antineoplaston, to
persons living out of the state of Texas. They contend he knew that they lived out of state and
therefore would be shipping or taking the drug home with them. This, according to the FDA, violated
the court order mentioned above. However, most everyone agreed, regardless of how they voted, that a
Federal criminal court was not the appropriate venue for this case.
A second reason I feel this case should not have gone to trial is because while the trial was going
on. the FDA had already approved 71 clinical trials, thereby allowing Dr. Burzynski full release to
ship Antineoplaston to persons living Out Of the State Of Texas. This was not known to the jurors at
the time. After the trial ended, I gleaned this information and felt I had been involved in
something that was a ridiculous waste of two months of my life. After all, wasn't this a moot point
at this time? Surely our government has real 'criminals' to prosecute.
Thirdly, the prosecution, headed by Mike Clark. Amy Lecocq, and George Tallichet, offered no
evidence at all of a conspiracy to commit fraud. in fact, after hearing the jury fore person say
that we were hopelessly deadlocked (this was after 6 days of intense deliberations), the judge
acquitted Dr. Burzynski on all 34 counts of mail and insurance fraud, which were the most serious of
the charges, for lack of evidence. For those of us who voted to acquit, this was a notable
confirmation that the Honorable Judge Sim Lake saw no evidence of the charges, just as we had voted
not guilty.
In addition, the prosecution failed to introduce even one witness who could say anything defamatory
about Dr. Burzynski's character. One would think after four years of preparing for this trial they
Would have found at least one disgruntled patient, former employee, business associate, or colleague
who had something negative to say about him.
Also, since the prosecution had been working on the case for four years, I expected the
exhibits, witnesses and evidence to be compelling. it was not, and they didn't come close to
proving their case.
Since the trial I have learned much about the history of this man and the attempts by the FDA to
Shut him down. it is my heartfelt belief that a person confronting a life-and-death situation,
either for himself or for a dependent child, should be allowed to make these tough decisions
himself. Once the FDA has said that a drug is non toxic and that it will not harm a person (which
they had), it should be left up to the patient to choose what he or she feels is the best treatment
available. The FDA should be supporting Dr. Burzynski in his valiant effort to cure and ease the
suffering of cancer patients. Incredibly promising results have taken place already with the
remission of brain tumors, non-Hodgkins lymphoma, and breast and prostate cancers. The lives and
quality of life of cancer patients should be uppermost in the minds of the FDA-not what rules were
allegedly broken in the past.
Since the end of the trial, I have done independent research and have learned many disturbing facts
about the FDA's 'antics' in this case. Some notable incidents are:
The FDA convened four or five different grand juries before the last one agreed to indict Dr.
Burzynski. On two separate occasions the FDA confiscated a total of 300,000 documents
(i.e. patient records, MRI scans, progress charts, etc.) and for Dr. Burzynksi to be able to
continue to treat his patients, he had to purchase a Xerox machine, install it at the FDA
office, hire someone to make copies, and to make it even more difficult, he was required to
call a day in advance to make an appointment for copies to be made. To this day these
documents have not been returned. Amy Lecocq, the lead prosecutor in this case, violated at
least six federal laws governing subpoenas of journalists when she subpoenaed a Dr. Richard
Moss. When he pointed this out to her, she withdrew the subpoena. Patients and their families
met with the House Commerce Subcommittee on Oversight and Investigations, headed by
Representative Joe Barton of Texas. After hearing the collective plight of these brave people
and also hearing from
if. Burzynski's lawyer, Rick Jaffe, Rep. Barton used the word "vendetta" in describing the actions
of the FDA over the past 12 years in regards to Dr. Burzynski. I would agree with this
assessment. I do feel so very fortunate to have been allowed the opportunity to serve on a
federal jury and would do it all over again. I saw first hand that our system of trial by jury,
which says that a person is innocent until proven guilty, does work, and for this I will always
be grateful.
In closing, I implore you on behalf of all hardworking tax paying citizens of the United States of
America to put a halt to the nonsense of a retrial by our federal government (namely the FDA) of Dr.
Burzynski. They have indicated they will retry him and jury selection is set for May 9, 1997. Thank
you very much for your consideration in this most important matter.*
Jan