[Hpn] SPOTLIGHT NEWSLETTER #44 on Homeless Peoples Network
Mon, 05 Jun 2000 16:13:55 -0500
In this issue:
Court Challenges Treatment
The Arizona Challenge
Drugs, Government and Our Rights
Court Challenges Treatment
A Federal court has ruled that the creator of a relatively inexpensive,
non-toxic treatment for neurological disorders violated the law by making
his therapy available to those who desperately need it.
Exclusive to The SPOTLIGHT
By Don Harkins
Jay Kimball of Tamp Bay, Fla.-based Discovery Experimental & Development,
Inc., was found guilty of misbranding and fraud in Florida Federal Court May
Kimball has been the target of Food and Drug Administration (FDA)-led
persecution since he and his small Florida pharmaceutical company perfected
Li quid Deprenyl Citrate (LDC) in 1990.
A jury, weighted down by the judge's instructions and apparently impressed
by the Department of Justice's (DOJ) determination to gain Kimball's
conviction even in the absence of evidence and intent, determined that he
misbranded LDC because the label claims that it can be used to benefit
Parkinson's disease victims.
The jury also found Kimball guilty of defrauding the federal government amid
DOJ claims that Kimball employed fraudulent methods to continue marketing
LDC even though he must have known that doing so would make the FDA very
LDC is a nutritive plant product that is derived from the ephedra plant.
After thousands of applications over 10 years, LDC has never been reported
to cause an adverse reaction and only helps the people who use it.
"The product was not mislabeled as we can prove that it does exactly what we
said on the label and we didn't defraud anybody, they [the FDA] knew where
we were, we kept normal business hours, we had nothing to hide," commented
Mislabeling alone, according to Kim ball, would have been a misdemeanor. The
federal government had to charge Kimball with fraud in order to justify its
litigation and its desire to throw the innovative developer in prison.
Kimball, who handled his own defense in this proceeding, will file a
"directed verdict" in an attempt to overturn the jury's decision for lack of
evidence. Kimball is not optimistic that federal Judge Richard Lazzara will
overturn the jury's verdict. In the event that the conviction stands,
Kimball is scheduled to be sentenced this August. He faces a minimum of
three years in a federal penitentiary.
Kimball is expected to appeal.
"They [U.S. Attorneys Michael Ruben stein and Jennifer Jones, both of whom
have made a career out of persecuting Kimball] did not prove intent to
violate the law and all evidence proved beyond doubt that LDC, by the FDA's
own definition, is not a prescription drug within its jurisdiction as it is
non-toxic and is not dangerous to use," Kimball explained.
The FDA claims that LDC is just like the FDA-approved drug Eldepryl, which
is selegeline hydrochloride and has a much different atomic weight. Kimball
tried to illustrate the difference between LDC and Eldepryl with the example
that fresh water and salt water are both water, but that salt water taken
internally can be deadly.
FDA-approved Eldepryl, selegeline stabilized with hydrochloride, has been
found to be contaminated with methamphetamine and a publicly unidentified
neurotoxin. Its adverse reactions, as published in the Physician's Desk
Reference, include nausea, hallucinations, confusion, depression, loss of
balance, insomnia, hypertension and angina. Former Eldepryl user Annetta
Freeman believes that the list of Eldepryl's adverse effects include death.
LDC, which is selegeline stabilized with a natural citra gel, has never
produced one reported adverse reaction in thousands of applications.
According to FDA Office of Criminal In vestigations spokesman Don Liggett,
the FDA's 10-year, multi-million-dollar per secution of Jay Kimball is
purely administrative. Liggett admits that the FDA has never received one
complaint over LDC, nor is the FDA aware of LDC ever causing an adverse
The FDA can determine whether or not it has the authority to regulate a
product based upon the intent of the user, not the product itself. In other
words, if you drink carrot juice because it tastes good, it is not a drug.
But, if you drink carrot juice because you believe it cures cancer, carrot
juice, according to the logic of the FDA, is a drug to be placed under its
The Arizona Challenge
If you live in Arizona you have two choices: agree to see your country
overrun with illegal aliens or defend your property.
By William Carmichael
Arizona became the preferred U.S. crossing point for Mexican illegal
immigrants two years ago.
Now, with their efforts to restrict illegal immigrants' rights in California
blocked by courts, some Americans are pushing to make Arizona the front line
in a new battle against illegal immigration.
Neither major political party presidential candidate-George W. Bush for the
GOP and Vice President Al Gore for the Democrats-wants to do anything about it.
It is left to citizens to protect themselves and their families and
property-and face problems with their own government.
Pro-illegal groups have protested to the government that the anti-illegal
effort has created growing tension and has sparked fear in northern Mexican
towns. It seems that illegals are worried that they won't be welcomed with
open arms by legal United States citizens.
The situation also worries U.S. government officials, even those who so far
have largely tolerated ranchers who set out with guns and dogs to look for
Mexicans crossing the border.
In the southeastern Arizona town of Douglas, on the Mexican border, the
once-overwhelming influx of illegal immigrants through residents' properties
has declined due to the posting of additional Border Patrol agents. Despite
the drop off, some ranchers and their supporters in the area have decided to
build a political movement.
STOP THE INVASION
They concede that property damage is no longer the driving issue, as they
once claimed. Instead, they are trying to spark a nationwide battle against
what resident Larry Vance calls "a literal invasion."
Vance, the son of a Mexican immigrant, denies any connection to hate groups.
"I don't want any goofball groups around," he said.
But he said southern California "has already become a political extension of
Mexico," and he patrols his land outside Douglas from a steel tower with his
With California's anti-immigrant Pro position 187 struck down by the courts
and with little support from the state, several California-based groups came
out to the nearby Arizona town of Sier ra Vista in mid-May for a meeting to
support the local movement.
Reporters at the meeting said that participants hailed rancher Roger Bar
nett-who patrols his 22,000-acre ranch with a high-powered rifle and dogs
and has detained dozens of immigrants-as a national hero.
"I get calls every week from people wanting to come here and help," Barnett
said. He added that he has turned down the offers because he doesn't think
they would be effective.
But Barnett says the damage in litter, lost cattle and downed fences on his
property-which has cost him about $15,000-"is not the primary thing" anymore.
"It's a principle," he said.
The ranchers face a potential legal fight from the Mexican government, which
has hired a Washington law firm to take possible legal action against them
for assault. They hate the Mexican government so much, they almost relish
the prospect of a tussle.
"Maybe the troops need to go down and occupy Mexico," Barnett said.
That's what presidential hopeful Pat Buchanan has suggested-bring U.S.
troops home from overseas and put them on the borders to prevent the illegal
invasion that is threatening to overwhelm the country.
Despite pressure from Mexico, the U.S. government has paid little more than
lip service to discourage the movement. The government argues it can't stop
U.S. citizens from patrolling their own private property, though there are
reports that some ranchers have taken to detaining immigrants on roads
outside their land.
Local, state and federal authorities have never found an immigrant willing
to lodge a complaint against the ranchers. Vance said one local official
told him to "stay within the law, so I can stay on your side."
The patrol's Tucson sector chief, David Aguilar, concedes the ranchers "are
an assistance, in the sense that they're our eyes and ears" in remote areas
around the border.
But Aguilar said the Border Patrol is concerned about the potential danger
of citizen detentions. His second-in-command, Carlos Carrillo, said there
has been an increase in incidents of violence since the ranchers' movement
started a year ago.
It is undeniable that illegal immigrants have frightened residents and
caused property damage since they began making Arizona their main crossing
Drugs, Government and Our Rights
Everybody hates drugs and would love to see them blocked from getting into
the hands of Americans. But how much of our constitutional rights to privacy
and protection from government abuse are we willing to give up?
Exclusive To The SPOTLIGHT
By Mike Blair
Rep. Bob Barr (R-Ga.) is trying to organize support in the House to halt the
passage of the Methamphetamine Anti-Proliferation Act (H.R. 2987), which
would allow police to enter a person's home with a search warrant while they
are not at home and take what they want from the residence without notifying
the homeowner immediately.
The Justice Department contends that the act would provide a key tool for
law enforcement in fighting drugs, but Barr and other opponents of the law
maintain that if the act is passed it would not restrict the
hyper-aggressive searches solely to suspected drug labs.
Barr claims that a judge could issue such a warrant for any type of search,
such as searches for guns and tax records.
"These provisions [of the act] would apply generally," Barr said. "They have
nothing to do with drug laws. They are not limited in any way, shape or form."
Warrants that allow federal agents to enter a home without the knowledge of
the owner and then to take items that they choose are rarely issued by a
judge, only in cases where there is no other way to gather evidence.
If H.R. 2987, sponsored by Rep. Chris Cannon (R-Utah), passes the House they
could become routine.
In 1993, the Bureau of Alcohol, Tobacco and Firearms (BATF) and the FBI
accused the Branch Davidians at Waco of manufacturing methamphetamines in
order to exploit a federal law allowing military equipment and officials to
be used during raids on suspected illegal drug manufacturers.
H.R. 2987 flies in the face of the Fourth Amendment to the Constitu tion,
stating in part: "The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures,
shall not be violated."
Critics note that it should not come as a surprise that the assault on the
Constitution is being expanded. Janet Reno's Justice Department has already
waged a full assault on First Amend ment rights of freedom of speech and the
press through so-called "hate crime" legislation and with the Second
Amendment "right to keep and bear arms" under virtually under siege.
A Senate-version of the bill, sponsored by Sen. Orrin Hatch (R-Utah),
chairman of the Senate Judiciary Committee, has already passed. The
legislation awaits action in the House, where it is before the House
Judiciary Committee. Barr is a member of the committee.
The Justice Department backs the legislation as a means to fight trafficking
in highly dangerous methamphetamine, a form of speed commonly called
"crystal meth" or "meth." It is a drug of choice among white teenagers in
According to Barr, a former federal prosecutor, the act "would in very
substantial ways change the law about notice of a search warrant being
given. It would loosen two aspects of search warrants-when notice of a
search had to be given and when a person had to be told of property seized."
Ironically, in the fight to halt the legislation Barr finds himself aligned
with the left-wing American Civil Liberties Union (ACLU).
An ACLU spokesman stated that if the act is passed "the government could
enter your house, apartment or office with a search warrant when you are
away, conduct a search, seize or copy things, such as your computer hard
drive, and not tell you until months later."
"If a man's home is his castle," the ACLU's legislative counsel said, "this
is a tunnel under the moat."
Federal law already allows so-called "sneak and peek" searches, in which
federal agents can enter a suspected drug warehouse or laboratory and
document their suspicions without immediately informing those who occupy it.
In addition, in limited cases federal judges can approve wiretaps, listening
bugs and tracking devices without the knowledge of the person being
investigated. But, according to Justice Department spokesmen, there has been
confusion about when some search warrants are appropriate.
HOW TO WIN A LAWSUIT WITHOUT HIRING A LAWYER
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"To be truly radical, one must make hope possible,
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