To: IAHF List
Subject: FDA Whistleblower Tortured in Federal Prison- Tells All - French, Russian, Chinese UN Missions Take Note of This - Proof Amerika is Nazi Germany II: People World Wide Take Note!!!
From: John Hammell jham@iahf.com
Date: Sat, 22 Feb 2003 09:13:34 -0500
IAHF Note: I am sending this to the French, Russian, and Chinese missions at the UN for their awareness...Jay Kimball, chemist,dietary supplement manufacturer and owner of Discovery Experimental Development International is one of the best people I have ever known- a humanitarian giant on a par with the Dali Lama of Tibet who I once took sailing when I worked aboard the schooner Pioneer out of South Street Seaport Museum in NYC.
The Bcc list I'm sending this to is HUGE....
See his eyepopping story from federal prison below my comments. He is a political prisoner in the Federal Prison in Yazoo City, Mississippi where the BOP (Bureau of Prisons) moved him so that he could not be near his wife and children and multitudes of additional supporters who live in Florida. Indeed- Jay has supporters world wide, and we need you to complain about this gross injustice directly to Bush at President@whitehouse.gov and to your Senators and Congressmen demanding Jay's immediate release from Yazoo Federal Penitentiary.
Also send it to the French, Russian and Chinese Missions at the UN at france-presse@un.int, chnun@undp.org, rf.mission@atnet.at Live outside Gulag Amerika? Send it to your government officials and tell them to complain that Bush is a Nazi swine to hold a humanitarian giant such as Jay Kimble in prison. Forward this to media contacts globally, especially alternative media and websites that will post it.
Yazoo Federal Penitentiary where the Fedstapo moved Jay Kimall is the worst prison in the Amerikan Gulag, it is miserably cold in winter with no heat, full of rats and broken sewer pipes. They have intentionally denied Jay medical care that he has needed while in prison and done numerous other things to torture him, including forcing him to endure extensive periods in "the hole" (solitary confinement) for NO REASON AT ALL (other than his exposing their evil deeds.)
The reason Jay was incarcerated was that he attempted to blow the whistle on FDA incompetence, on FDA collusion with Somerset Labs- a drug company that had a vendetta against him for attempting to expose the fraudulence and dangerousness of one of their drugs (which his natural product Liquid Deprenyl Citrate- a dietary supplement, is not only far more effective than but it is also very safe in stark contrast to Somerset's drug, Eldepryl, which is very dangerous. Kimble's product was saving lives, helping people with Alzheimers and other diseases that nothing else could treat, and FDA is committing GENOCIDE while banning it- we have irrefutable scientific evidence to prove this-see Jay's story below... There was never a single customer complaint against ANY of Jay's products, only reams of unsolicited letters of praise, and pleas that our terrorist government leave him alone.
This is Kimball's story, written from Federal prison. It reflects the awful truth about Nazi Amerika. Please read it, study it carefully, and forward it widely... if you post it on your website, forward it to any media outlets, or want any additional info, please communicate with Jay's daughter Toni at ItalianCPA@aol.com, or with his wife Jo at proDEDI@aol.com
The only thing I must add to it is that Jay failed prior to his incarceration to realize: none of us have EVER had ANY rights under the Con-stitution. We were born slaves, and this was proven in 1870 by Lysander Spooner, an attorney and libertarian who owned a business that successfully competed with the US Postal Service until the FEDSTAPO shut it down. It was THEN that Spooner learned the Godawfultruth: the Con-stitution was a fraud. All it ever was was a bankruptcy document between the United States Inc. and the British Crown. The only people who EVER had ANY rights under it were those who directly signed it because it was a contract, and it was NEVER legally ratified by the states, so we, the sheeple have NEVER had ANY rights under it. See his entire book, free, on the web No Treason: The Constitution of No Authority at http://www.fourmilab.ch/etexts/www/NoTreason/NoTreason.html
All the USA Inc. ever was was a construct of the Illuminati- all of the perpetraitors (so called "founding fathers") responsible for this hoax called America were high level freemasons, and Washington DC was laid out on an evil grid of Masonic sacred geometry... see http://www.startiming.net/cave/wdc-1.html
Clearly, Amerika under the Nazi reign of George Walker Bush was intended from the outset by its satanic founders to be the tip of the Illuminati's spear- via which they intend to force the entire planet into bondage under the guise of "combatting terrorism." http://www.infowars.com http://www.copvcia.com Today, the illusion that we ever HAD a constitution is falling by the wayside with great rapidity as evidenced by tragic experiences such as Jay's as recounted below: Especially see Jay's dire warning as a chemist and healer about even a limited nuclear war.... he is very concerned, as we all should be, about current events in the middle east....
IAHF urges people world wide on ALL sides of the political spectrum to join together AGAINST our NAZI AMERIKAN government and AGAINST committing any MORE genocide against the people of Iraq. See William Thomas' commentary against the war at LIFEBOAT NEWS http://www.island.net/~lbnews/ especially read his books Bringing the War Home (true story of the Gulf War that we never saw on CNN), and All Fall Down- The Politics of Terror and Mass Persuasion (re the CIA psyop: 911)
USA's DEMISE - THE TRUTH
SWORN TO UNDER TRUTH SERUM / POLYGRAPH
Acknowledgements: Sincere appreciation given to former Congressman Berkley Bedell, Senator Charles Grassley, Senator Tom Harkin, Senator Bill Nelson with special appreciation given to their staff members for their contributing efforts to save this writer's life and their humanitarian concerns.
DECLARATION CONTENTS
1. Top Nuclear Scientist states: We are on the Eve of Destruction…..we cannot survive even a small nuclear conflict 138-146
2. Constitutional Rights Abolished by the Department of Justice & Judiciary (DOJJ) 115-137
3. Corrupt Government and State officials cost the lives and
quality thereof, of hundreds of thousands of U.S. citizens
1-30, 45-46
4. Precedent law and intent law has negated Legislative Law
and the U.S. Constitution 38, 105-108, 115-118, 120-126
5. The legislature lost its power to represent the people of the United States to the Department of Justice & Judiciary (DOJJ) 67, 103-121, 126-137
6. Total corruption in many Federal trials and appellate courts condoned by the Department of Justice & Judiciary (DOJJ) 25-48, 100, 115-126
7. Federal judges refuse trial by jury requests from defendants 48, 124-125
8. Federal judges condone altering and tampering with Grand Jury documents 27-29
9. Injustice for the majority of US citizens by the DOJJ 50-52, 79-85, 97-102
10. DOJJ boasts over 95% conviction rate of innocent and guilty via plea bargains and conjured trials 30-48, 78-85, 100-101, 123, 124
11. Torture and death at the hands of the Department of Justice & Judiciary (DOJJ) 53-76, 84, 85, 87-92, 96-99, 103
12. Suggested laws need to be implemented and parole reinstated immediately to stop needless torture and death of inmates at the hands of the Bureau of Prisons (BOP) and DOJJ 113-114
13. The Office of the Inspector General (OIG) whitewashes their investigations into the illegalities, inhumane treatment of prisoners under their control after a direct request from Senator Charles Grassley of the Judiciary Committee 87-96, 104, 130-131
"EVIL THRIVES WHEN GOOD PEOPLE DO NOTHING"
Writer: James T. Kimball
Past President Discover Experimental And Developmental, Inc.,
Past President ASTAK, Inc.,
Past President Global Health Information & Medical Research Institute, Inc.,
Past President B&B Freight Forwarding, Inc.,
Past President Discovery Tour Wholesalers, Inc.,
Past President American Transportation, Inc.
To contact James T. Kimball you may fax, e-mail , call or write Jo Kimball at ( FAX 813-973-7002) (E-MAIL PRODEDI@aol.com) (PHONE 813 973-0996) (WRITE C/O 35205 SR 54, Zephyrhills, Florida 33541), or write James T. Kimball #38591-018, FCI Yazoo City, P.O. Box 5000, Yazoo City, MS 39194.
VERIFIED DECLARATION of JAMES T. KIMBALL
This declaration contains the truth and the statements contained herein are true and correct to the best of James T. Kimball's ("KIMBALL") knowledge and belief. Additionally, under the penalty of perjury and willing to take a professionally administered truth serum or polygraph as to all statements contained herein; KIMBALL says the following:
1. Around 1990 KIMBALL formed Discovery Experimental and Development, Inc. ("DEDI"), a pharmaceutical research company to research and develop products to benefit mankind. KIMBALL additionally formed ASTAK, Inc., a dietary supplement research company along with initiating the forming of a non-profit organization, Global Health Information and Medical Research Institute, Inc. ("GHI/MRI"), in an effort to supply the public truthful information regarding any medical affliction, free of charge.
2. These corporations existed between the period of 1990-2000. Over the years, KIMBALL was the president of the aforestated companies and, as such, did not receive any salary or corporate issued bonuses. The majority of people, companies and universities that assisted DEDI and GHI/MRI did so to help develop products to help humanity and without payment for their services. The entities which became involved in this effort were doctors, scientists, universities and private corporations from around the world.
3. Over that ten year span, all companies KIMBALL was affiliated with, or president of, generated approximately three million dollars which amounts to $300,000 gross income per year. Three hundred thousand dollars per year might pay the salaries of three top scientists in the research field yet KIMBALL's affiliated companies operating at a $300,000 yearly income paid employee salaries, and maintained a 6,000 square foot research facility in Wesley Chapel, Florida; a 2,000 square foot facility in Tijuana, Mexico; and offices in San Diego, California and Tampa, Florida. On site scientists at Wesley Chapel consisted of two over the years, while off site doctors and scientists assisting KIMBALL were at: Temple University; University of Southern California; University of South Florida; Florida State University; University of Toronto, Canada; the National Institute of Health; and a multitude of private research companies, doctors and scientists world-wide. The vast majority of scientists, doctors and such assisted KIMBALL's companies in an effort to develop products to help mankind and did so from their hearts and received no remuneration at all for their services.
4. The first active ingredient DEDI developed was a liquid selegiline which, at its origin, is natural and extracted from a plant. Classified by scientists as a botanical, this product alone had the potential to improve everyone's quality of life. Notwithstanding addressing terminal diseases, enhancing the immune system and extending life dramatically. Over the years selegiline proved to do that and much more. Prior to 1991 no one in the world had been able to produce liquid selegiline in a pure form and stabilize it, nor to present date to KIMBALL's knowledge.
5. The actions of properly made pure selegiline are well known by scientists, and very simple. Once in the blood stream, the product stimulates a tissue in the brain to produce another chemical naturally, which depletes as we age. In some people this brain tissue degenerates too quickly and people are afflicted with terminal neurological diseases such as Parkinson's. This tissue is called the substantia nigra, which emits a chemical that retards the degeneration of brain cells and revives dying neurons, as test results proved. Without the substantia nigra emitting the chemical to sustain brain cell life, the life expectancy of human beings was estimated to be under 5 years. As people age the substantia nigra degenerates, the immune system drops, hormone levels drop, as do all other bodily functions, such as mobility and sex drive, due to the fact the brain cells are malfunctioning and dying due only to the lack of this chemical. The brain runs the body. If the brain is operating properly, the body normally functions properly.
6. Over a ten year period, DEDI's selegiline product proved to be effective in treating Parkinson's disease, Alzheimer's disease, Multiple Sclerosis, nervous system disorders, pain, hormone depletion, high blood pressure, cancer and others. People using DEDI's selegiline for general health, or quality of life, who had no medical problems consistently reported dramatic improvements in their quality of life to include increased memory, increased energy levels, increased sex drive, increased mobility and cognitive functions. Older people were driving again and getting out of wheel chairs. Over the years, life extension in animals revealed a dramatic increase, around a 50% increase. No serious side effects were reported in ten years of public use with DEDI's product.
7. KIMBALL learned early on about the corruption within the pharmaceutical industry and the FDA. KIMBALL also learned from the top scientists and doctors around the world that, almost without exception, every active chemical ingredient within every dietary supplement and pharmaceutical drug differs by each manufacturer. Some are dramatically different even though the chemical name of their active ingredient is allowed to be called the same. That is why some generic drugs do not work and cause adverse side effects and sometimes death. However, some generic drugs are made better and purer than the original drugs introduced which work much better with less adverse side effects. The same with dietary supplements with allegedly the same active ingredients. The differences with dietary supplements derived from food, plants or a synthesized version is the side effects are normally negligible to none where drugs synthesized by other means produce serious side effects, including death. DEDI found producing an effective active ingredient requires exacting high purity standards. Those standards are not the standards of the FDA or the pharmaceutical industry. Their standards are all money related. FDA employees receive graft from pharmaceutical companies and have been caught on more than one occasion. Drug companies find it's much cheaper to produce an impure active ingredient than a pure one, thus the impure drug is produced rather than a pure one. Many trials and test results on new drugs going through the FDA approval process are rigged and altered much too often. Not only do the American people pay exorbitant prices for these manipulated drugs, many pay with permanent disabling side effects, while others pay with their lives. And all the time, there are much better products out there to treat their afflictions which are suppressed by the pharmaceutical industry and the FDA. DEDI found working with the top scientists and researchers in the world that most of the products have been discovered that will treat or cure most all terminal diseases and afflictions, including dramatic life extension. However, that information is suppressed by the pharmaceutical industry, the FDA and some government officials.
8. The pharmaceutical industry blocks the information and development of these products because many of them are much cheaper and are far more effective with less side effects than the products they now have in the marketplace making billions of dollars. If these new, much more effective products, were allowed to get to the consumer; even one, would have the potential to eliminate the sale of 50 to 100 over-the-counter ("OTC") and prescription ("RX") drugs. That could easily cost the pharmaceutical companies, which are currently producing those products, hundreds of billions of dollars a year in income. The pharmaceutical industry controls the FDA, the federal government and state employees via Political Action Committees ("PACs") (lobbyists) and payoffs. So many people in the United States die or live a debilitating life with pain and suffering just so the pharmaceutical industry, in general, can continue to make billions of dollars.
9. KIMBALL spoke numerous times to Dana Barnett, the President of Somerset Pharmaceuticals, Inc. and Vice-President of Mylan Laboratories, Inc., about the issue of humanity, human rights, and the right to life, versus the almighty dollar. Around 1995, KIMBALL had met with Barnett in an attempt to persuade their pharmaceutical cartel to back off from their attempts to put DEDI out of business.
10. Somerset Pharmaceuticals, which is owned by Mylan Laboratories, Inc. and Watson Pharmaceuticals with affiliates such as Sandoz Pharmaceuticals, instigated the FDA and the State of Florida Dept. of Health ("DOH") into a conspiracy that lasted 10 years and ended with DEDI out of business and KIMBALL in prison. Notwithstanding, their combined actions cost the lives and the quality of life of hundreds of thousands of Americans, if not millions. The people involved in this lethal conspiracy include, but are by no means limited to: Don Leggett, Dennis Degan, Agent Randy Matteson, Agent Chastony, Dr. Katz, Attorney Jennifer Bragg-Jones, all with the FDA; Jerry Hill, Agent Gregory Jones, Agent Deborah Orr and Attorney Robert Daniti, all with the DOH; Eleventh Circuit Court of Appeal Judge Charles A. Wilson; U.S. District Court Judge Richard A. Lazzara; U.S. Magistrate Judge McCoun; Assistant U.S. Attorney Michael Rubinstein; ex-FBI agent; and Bradley Vaughn, Probation Officer. The names of prominent conspirators were deleted from this public declaration to protect innocent people, however, the names are revealed in a confidential declaration being held by the trusted public.
11. Somerset Pharmaceuticals had acquired the rights and FDA approval for a product which contained an impure active ingredient called selegiline hydrochloride. This selegiline hydrochloride product was manufactured by a company in Budapest, Hungary and was shipped to the United States for redistribution by Somerset Pharmaceuticals. Somerset named this drug Eldepryl. The FDA "did not" approve Eldepryl to be a drug by itself. The FDA approved its use "only" to be used in combination with a dangerous prescription drug with serious side effects called Levodopa, and only for use in "one single disease" called Parkinson's. KIMBALL's companies were attempting to develop a different chemical entity that was similar, but much better than Somerset's.
12. Heading up the trials, called Data-top, for Somerset was a man named Ira Shoulson. Dr. Shoulson oversaw the trials and testing of Somerset's selegiline hydrochloride product. The testing of Somerset's selegiline hydrochloride, which was made in Budapest, under the watchful eye and control of Dr. Shoulson were manipulated so they "would not" reveal an unknown contaminant which the University of Toronto found. DEDI's head scientist believed he had identified the unknown contaminant as a neuro toxin. The FDA and the DOH were both advised about the contaminants in Eldepryl and they could care less. The government's own records reveal the contaminants and the Somerset cover up, still they did nothing letting the compromised public who were dying of incurable Parkinson's disease to further suffer and die with the use of Somerset's product.
13. While KIMBALL's companies were researching the methods to properly make selegiline, and prior to its development in the spring of 1991, Somerset, the FDA and DOH started their conspiracy. They earmarked DEDI's premises and in 1990 they committed illegalities which lead to KIMBALL's arrest. The case was thrown out due to their combined illegal acts.
14. In 1991, as soon as selegiline was developed, KIMBALL petitioned the FDA for an administrative determination asking the FDA to classify DEDI's selegiline product in the food additive, vitamin class of product, i.e., dietary supplement, with medical claims. The FDA violated KIMBALL's First Amendment right to petition, his Fifth Amendment right to due process, violated the laws which govern them, returned KIMBALL's petition without administrative review.
15. Shortly after the development of selegiline, Somerset moved its headquarters from New Jersey to Tampa, Florida, 15 miles from DEDI and they remained there until KIMBALL was indicted and convicted in 2000, then moved away. After Somerset moved to Tampa, they hired private detectives to work with the DOH and federal agents in surveillancing DEDI and KIMBALL's activities. The DOH and the federal government agents were sharing information with Somerset, which is illegal. The government conspirators even told Somerset not to file a civil suit against DEDI and KIMBALL until after the government and DOH had conducted their planned search, seizure and confiscations of DEDI, and KIMBALL's residence, which was planned for May 12, 1993. The records and actual written communications between the U.S. Government employees and the representatives of Somerset Pharmaceuticals, and their attorneys, are on the internet under Liquid-Deprenyl.com under Conspiracy.
16. KIMBALL had surmised that Mylan Laboratories, who was one of the largest drug producers affiliated with Sandoz, had told their paper pharmaceutical company, Somerset, to move to Tampa to assist, influence and bribe any and all officials they could, to get rid of DEDI and KIMBALL.
17. Prior to the raid on May 12,1993, with the help of universities, doctors and scientists world-wide, DEDI developed products exceedingly effective in treating life threatening viruses, bacterial infections and fungi infections. Additionally, DEDI had a product in process that was an extract from a mushroom which had been proven to enhance the immune system so high it had the ability to treat and cure skin cancer. KIMBALL had collaborated with Japanese scientists on the project and at the same time DEDI had acquired another extract from Europe which scientists had told KIMBALL worked effectively to treat liver cancer which is deemed deadly and untreatable in the United States. The DOH conspirators illegally confiscated those research products on May 12, 1993 and never returned them.
18. With the help of a renowned scientist from the National Institute of Health ("NIH"), Dr. Willie Burgdorfer, and the use of the NIH's sophisticated equipment, a unique form of a mineral was developed by DEDI. Once later perfected, this specifically engineered mineral was encircled by a protein which proved to be lethal against all viruses, bacteria and fungi tested against it, to include full blown AIDS. Without the direct assistance of Dr. Willie Burgdorfer from the Rocky Mountain division of the NIH, the specific engineered mineral would never have been developed to its highest potency. The original version of this mineral product, along with the perfected version under the NIH, has never been produced by anyone to date. Over the years with all the testing and human trials conducted, this single product, and versions of it produced by DEDI, revealed staggering results. The testing, trials and human use of varying potencies of DEDI's mineral product had not only revealed its lethal powers by killing the AIDS virus, it additionally inhibited or killed the spirochetes in Lyme disease, viruses and bacteria attributed to Hepatitis C, along with staph infections. It was effective in treating flesh eating staph. It was reported by one doctor using the product in patients at the final stages of leukemia that it normalized the white/red blood cells. Leukemia symptoms disappeared, meaning the leukemia wasn't a cancer at all, it was caused by some unknown virus. Another doctor reported it had been effective in some of his patients afflicted with Alzheimer's disease reflecting that at least some forms of Alzheimer's are viral or bacterial related. Tests revealed it killed the staph bacteria known as staphylococcus aureus, which are staph infections that are resistant to known antibiotics. These resistant strains of bacteria are also known as MRSA. In less potent forms, DEDI's mineral product was exceedingly effective in treating sinus infections, ear infections in children, gum infections, fungi infections under the nail in rapid order. Usually in one day of administration. Taken daily, the product appeared to help prevent colds and viral infections; however, it was not immediately effective with regard to a common cold.
19. It was not until much later that a scientist researching the results of the product finally determined how and why the product worked when common sense science suggests it shouldn't. Scientists concluded that viruses and bacteria could not mutate to become resistant to it because it was a mineral. They concluded that the body would have to change in order for the product not to work. Toxicity tests conducted at the University of Toronto revealed that DEDI's mineral product had no toxicity whatsoever, even at over 1,000 times the normal dosage.
20. Even though the product is a mineral and most assuredly a dietary supplement, KIMBALL believed that certain potencies of the product to be used for serious infectious diseases should be listed as an over-the-counter ("OTC") drug. KIMBALL sent in some of the trials and their results to the FDA, and asked them to approve the labeling, and list certain versions of this product as an over-the-counter drug. In 1998 the FDA agreed to do so and listed one version OTC with approved labeling stating "To be used for general internal infections." At the time, there was no question whatsoever that once the general public found out about DEDI's product, tried it, and saw for themselves how effective it was, it had the potential to eliminate hundreds of OTC and RX drugs from the shelves. The pharmaceutical industry immediately blackballed the distribution of KIMBALL's product by threatening the pharmaceutical distributors if they distribute DEDI's product it would be the last product they ever distributed. DEDI did not have the money to promote and distribute the mineral product.
21. It is presumed the pharmaceutical industry used all its power and money to convince the FDA to remove DEDI's product from OTC listing as a drug. The FDA did so about one year later by suggesting the side effects of a few similar products developed and used over 50 years ago were the same as DEDI's new and different product which had revealed no side effects in testing and in seven years of use by the general public.
22. The three major conspirators are employees from Somerset, DOH and the FDA who enlisted the help of the U.S. Postal Service, IRS, U.S. Customs, Florida Dept. of Law Enforcement ("FDLE") and others, and executed their illegal search, seizure and confiscations on schedule for May 12, 1993. The illegal raid consisted of the DOH agents, pretending to be federal agents, coming into KIMBALL's home and business under a federal search warrant, which was limited to confiscating certain items after their entry. After their entry they confiscated everything that was not on the federal warrant for the State of Florida with no warrant whatsoever. This was an illegal preplanned arrangement that was carried out perfectly, and should have put KIMBALL and DEDI out of business. By the time the federal government agents took all the paperwork, computers and trade secrets of how to manufacture DEDI's products under their federal warrant and the DOH took about every product and chemical, including products in the research stages, DEDI had nothing. At the same time, the IRS took all the money in the businesses checking accounts. KIMBALL used his life savings and borrowed money to get DEDI started again. Over a ten year period, the FDA raided companies related to KIMBALL and each time money was stolen. The first time, they stole over $11,000 from the public in orders and never returned the money to the public. In 1998, they stole over $3,000 of the public's money which was never returned to the public while $1,500 in customer orders in cash was stolen by FDA agents and put in their pockets. KIMBALL even has the names of the FDA agents that stole the cash. In 1999, FDA agents opened a safe and removed a sealed envelope addressed to KIMBALL, which was delivered by UPS, and had not been opened by KIMBALL yet. The agents took $8,000 sent in by a doctor to KIMBALL and never returned the money. When KIMBALL requested the money be returned by the Government, Judge Lazzara said NO!
23. Shortly thereafter, the IRS agents KIMBALL had been speaking with in Tampa told KIMBALL the IRS agents in California lied to the Tampa IRS agents regarding their money confiscations. The Tampa agent offered to give money back to KIMBALL if he would sign an agreement not to sue them, which KIMBALL did as the companies needed the money.
24. It appeared that Somerset's move to Tampa had paid off. Somerset held off its suit as the Government agents had suggested and filed it right after the raid. DOH also filed a civil action against DEDI and KIMBALL after the raid. From DEDI, all the evidence was taken to California under a number of grand jury investigations. DEDI and KIMBALL were never indicted and all the confiscated materials were returned in 1997.
25. Magistrate Judge Charles A. Wilson was the federal judge presiding over the Somerset civil suit against DEDI and KIMBALL. Somerset's attorney's, Gunster & Yoakley from Stuart, Florida, consistently lied to Judge Wilson which was pointed out by DEDI's corporate attorney R. Elliott Dunn, Jr. and KIMBALL. Judge Wilson could have cared less and consistently found against DEDI and KIMBALL, assessing them fines. Judge Wilson allowed Somerset to have full access to all the materials confiscated for the Grand Jury from DEDI and KIMBALL by the government, including DEDI's trade secrets. Judge Wilson and government officials even allowed Somerset's attorney's access to documents of other companies affiliated and non-affiliated with DEDI and KIMBALL.
26. It was obvious to KIMBALL that Judge Wilson was bought and paid for, either with influence, money, or both. Judge Wilson spoke with the federal prosecutor in California about the status of a federal indictment against KIMBALL, which is judicially improper. At that time, Judge Wilson was soliciting to be the U.S. Attorney in Tampa, Florida and, knowing he could be prosecuting KIMBALL criminally, he should have recused himself from the civil case against KIMBALL. Judge Wilson did not recuse himself and continued with the civil case until he was appointed U.S. Attorney. After Judge Wilson was appointed U.S. Attorney, he assigned Assistant U.S. Attorney Michael Rubinstein ("RUBINSTEIN") to convene a grand jury investigation and secure an indictment against KIMBALL. After KIMBALL's indictment, U.S. Attorney Wilson then proceeded to become a judge on the Eleventh Circuit Court of Appeal, which denied KIMBALL's appeal of his conviction. The Eleventh Circuit's denial of KIMBALL's appeal went directly against the Supreme Court and the Eleventh Circuit's precedent rulings, and against the U.S. Constitution.
27. In 1998, after KIMBALL's grand jury investigations had been dropped in California, KIMBALL found out that U.S. Attorney Wilson and AUSA Rubinstein started the 7th or 8th grand jury investigation against KIMBALL in Tampa, Florida seeking an indictment. KIMBALL demanded to appear before the grand jury and was eventually granted an appearance by AUSA Rubinstein and U.S. Attorney Wilson. When KIMBALL appeared, he convinced the grand jury it wasn't KIMBALL or DEDI they needed to investigate, it was Somerset and a number of government and state officials, including U.S. Attorney Wilson and AUSA Rubinstein, that illegally did this to DEDI. The grand jury agreed to investigate and KIMBALL asked the grand jury to excuse AUSA Rubinstein from the room and the investigation because he would be one of the ones being investigated in this conspiracy. AUSA Rubinstein spoke up and said he had nothing to hide. The grand jury told KIMBALL, in essence, they could not function as a grand jury without AUSA Rubinstein. AUSA Rubinstein promised the grand jury he would cooperate with KIMBALL and the grand jury and would work with everyone involved, which was an absolute lie. The grand jury asked KIMBALL to make a list of the individuals involved, called targets, and lay out what violations of law or constitutional rights they had violated and the grand jury would bring them in for questioning. Then it was agreed that KIMBALL and AUSA Rubinstein would work together to get KIMBALL's information before the grand jury. AUSA Rubinstein agreed to cooperate with the grand jury, and he would do everything he could to work with KIMBALL, acting as a go between KIMBALL and the grand jury. After KIMBALL left the grand jury, AUSA Rubinstein totally refused to cooperate in any respect with KIMBALL and the grand jury was disbanded shortly thereafter.
28. KIMBALL demanded a copy of the grand jury transcript to document his appearance and what the grand jury had agreed to do. When KIMBALL finally received the transcript it had been altered dramatically and the pertinent parts removed. The same thing happened again when Mary Groomes, KIMBALL's secretary, was subpoenaed to appear before the grand jury and received a copy of her transcript, it was also altered. Federal Judge Lazzara was informed and refused to take any action.
29. U.S. Attorney Wilson and AUSA Rubinstein quickly convened another grand jury where many of the conspirators testified again and consistently lied in attempts to secure an indictment against KIMBALL. The prosecutorial misconduct before the Grand Jury by AUSA Rubinstein condoned by U.S. Attorney Wilson included: AUSA Rubinstein testifying when not under oath, leading witnesses, deliberately and knowingly misleading the grand jury, supplying DOH with secret grand jury documents and evidence for DOH to use in their civil cases against DEDI and KIMBALL. KIMBALL presented two boxes of evidence to the grand jury during one of his appearances before them. These boxes contained about 1,000 documents which put forth illegalities by government agents, Dana Barnett, Somerset's attorneys, DOH agents, AUSA Rubinstein and U.S. Attorney Wilson. AUSA Rubinstein gave these grand jury records to FDA Agent Matteson who was working with DOH Agent Orr. Both Agent Matteson and Agent Orr were key targets in these documents for their illegal acts. Even a member of the grand jury questioned AUSA Rubinstein giving the grand jury records to FDA Agent Matteson. However, AUSA Rubinstein did it anyway. This is in the grand jury transcripts which KIMBALL and others hold with thousands of other documents against government officials. Obviously AUSA Rubinstein neglected to alter some grand jury transcripts. DOH Agent Orr testified before different grand juries 7 times in attempts to indict KIMBALL. Agent Orr consistently lied in all of them while contradicting her own testimony to different grand juries. Agent Orr and AUSA Rubinstein play acted before the grand jury with Agent Orr pretending to be another person testifying before the grand jury and allegedly reading selected pieces of testimony by witnesses which appeared before a different grand jury. Agent Orr's perjury was so blatant that when AUSA Rubinstein asked her about another person's testimony she said she didn't need to read the transcript she had it memorized and testified before the grand jury the opposite of what the transcript said in an effort to indict KIMBALL. Agent Orr even told the grand jury that DEDI wasn't licensed with the DOH as a drug manufacturer. Agent Orr was present in 1997 when a Florida Circuit Court Judge deemed DEDI licensed in 1993 by DOH without any renewal being necessary. Agent Orr had been testifying against KIMBALL and DEDI since 1993 in Florida civil cases. Even though Agent Orr worked for the Dept. of Health, she started working directly with AUSA Rubinstein and FDA Agent Matteson in their grand jury investigation against KIMBALL in 1998 and was funneling grand jury documents and information to DOH to use in their civil cases against KIMBALL. AUSA Rubinstein's, Agent Orr's and DOH Attorney Daniti's acts were so blatant that Attorney Daniti for DOH would put the grand jury documents in a motion filed by DOH in their civil cases, before KIMBALL and DEDI could acquire the information and copies of documents from the source. These acts are illegal, however, it was the Justice Department committing the acts. KIMBALL didn't secure and review all of Agent Orr's testimony and documents until after he was imprisoned, due to restrictions placed by U.S. District Judge Lazzara.
30. DEDI was raided for the third time in July, 1999 which was orchestrated by U.S. Attorney Wilson and AUSA Rubinstein who had enlisted the help of DEDI's legal advisor and compliance officer Louis T. Smith ("SMITH"). Prior to the raid, SMITH drew a map indicating where to search and what to confiscate. One of the places on the map checked to search and seize documents from, were the legal files which held all the defense documents for the two DOH civil cases. One of which was upcoming in October where DEDI and KIMBALL were scheduled to put on their defense. Most all the legal defense documents were seized under the control of U.S. Attorney Wilson and AUSA Rubinstein "allegedly" for the grand jury.
31. KIMBALL was indicted within a week or two. A few weeks after his indictment, KIMBALL received the first formal warning letter from the FDA warning KIMBALL that the flyer which accompanied KIMBALL's LDC made it a drug and telling KIMBALL to stop selling LDC or the FDA would take action against KIMBALL. KIMBALL had stopped selling LDC. The letter also gave KIMBALL 15 days to respond. The FDA did what the law said to do, only after the fact. The law says the FDA must give a warning or have hearing before they can take criminal action. That letter from the FDA was never presented to the jury due to the actions of Federal Judge Lazzara.
32. KIMBALL now had three identical cases. Two of which were in the Florida courts and the third in federal criminal court. Presiding over the court in KIMBALL's criminal case was Federal Magistrate Judge Thomas B. McCoun and District Court Judge Richard Lazzara. Both the pretrial motions and conferences along with the trial were an orchestrated stage show of judicial and prosecutorial misconduct. Elliott Dunn, DEDI's corporate attorney, was not a criminal attorney and did not wish to defend KIMBALL criminally, however, offered to assist KIMBALL prior to trial in motions and hearings. KIMBALL and DEDI were essentially out of money and hundreds of thousands of dollars in debt due to the legal actions by Somerset, DOH and the FDA along with U.S. Attorney Wilson, AUSA Rubinstein and others. KIMBALL did not have the funds to defend himself, nor did his wife who was over one hundred thousand dollars in debt in her own business.
33. Many customers who had purchased products from DEDI over the 10 year period donated money for KIMBALL's defense, however, that money was used up with consulting attorneys. The Court told KIMBALL he did not qualify for a court appointed attorney even though KIMBALL was $160,000.00 in personal debt with relatively no assets at all. KIMBALL's wife was over $100,000.00 in personal debt. When KIMBALL attempted to represent himself, the Court said no, however, it allowed him to try, and KIMBALL proved to himself and the Court he was not competent in criminal law to do so. Unable to secure a pro bono criminal attorney and the Court refusing to appoint one, four days prior to trail KIMBALL again asked the Court if he could represent himself as he had no other choice, and the Court granted KIMBALL's motion. He also asked Judge Lazzara for assistant counsel to help KIMBALL in his defense and the Court refused. The Court refused KIMBALL assistance of counsel, a person who knew nothing about criminal law, but readily approved assistance of counsel for AUSA Rubinstein when he stated to the court, this is a complicated case and he wanted the assistance from an FDA special attorney for trial.
34. AUSA Rubinstein continually lied to the Court and disobeyed court orders. When the Court was presented proof of AUSA Rubinstein's lying from DUNN and KIMBALL, the Court did nothing. Worse, the Court flatly refused to do anything to AUSA Rubinstein when he blatantly disobeyed court orders, one of which was to return DEDI and KIMBALL's defense documents which were mandatory for their defense in the DOH civil case. DEDI and KIMBALL had to default their defenses in that case and were fined legal fees over $700,000.00 that they didn't have. In addition, AUSA Rubinstein refused to obey court orders to produce evidence he held for KIMBALL's defenses and the court did nothing. Even when DUNN and KIMBALL filed multiple motions to compel, and sanctions. Some evidence ordered to be produced by the Court, AUSA Rubinstein never produced at all, yet the Court did nothing. On the other hand, when the Court even thought that KIMBALL disobeyed a court order, suggested by AUSA Rubinstein, KIMBALL was placed in jail for 10 days even though the action KIMBALL took was on the advice of DUNN, and on the advice of his compliance officer SMITH, who KIMBALL did not know at the time was operating as an undercover government agent. After SMITH told KIMBALL that what he was doing would not disobey a court order, he turned around and advised AUSA Rubinstein that it violated the court order and KIMBALL was arrested. This all came out in testimony during the third identical case against KIMBALL in the Florida Administrative Court in 2001, after KIMBALL was imprisoned.
35. In speaking with attorneys after receiving an FDA formal warning letter, subsequent to his indictment, it was concluded that if the FDA were to take any action, it should have been civil or administrative, not criminal. The FDA had not deemed LDC a drug administratively; flatly refused to deem LDC anything, even though KIMBALL had asked the FDA to deem it a supplement in 1991. Then in 1992 KIMBALL asked the FDA to deem it a drug, they refused to do so. The FDA even stipulated in court they had never deemed LDC to be a drug. How could the FDA ask a jury who has no expertise in determining whether a product is a drug, a prescription drug, or a dietary supplement and do the FDA's job when the FDA has refused to do so for 9 years.
36. DUNN filed many motions, backed by many laws, which DUNN and KIMBALL firmly believed should dismiss the criminal action by the conspirators. As fast as DUNN drew them up Judge Lazzara threw them out. Not only did he throw them out, he dismissed witnesses and evidence prior to being introduced. When a motion was filed for dismissal for government misconduct, Judge Lazzara refused to hear it. Then during the trial Judge Lazzara said he would hear it, then when KIMBALL attempted to produce the evidence, Judge Lazzara refused to admit it. When DUNN filed a motion to dismiss for the illegalities of AUSA Rubinstein for enlisting a major member of KIMBALL's legal department as a confidential informant and undercover agent, which was so obvious any layman could see it, Judge Lazzara denied it. Even though lies were told to Judge Lazzara by both AUSA Rubinstein and SMITH, it was obvious to anyone they were both lying. Common sense would dictate that AUSA Rubinstein and SMITH were lying. SMITH said he didn't know why he stayed on at DEDI and needed the money. AUSA Rubinstein lied and told Judge Lazzara that SMITH "was not" an undercover agent. If SMITH was not an undercover agent for AUSA Rubinstein, why did he conceal SMITH's identity from KIMBALL and the public so no one could find out the confidential informant's identity while he kept his employment with KIMBALL. Then set up KIMBALL for AUSA Rubinstein to arrest weeks after his indictment for an act SMITH and DUNN recommended was alright for KIMBALL to do.
37. Evidence was gained by KIMBALL after he was in prison during the third duplicate DOH case in 2001, that AUSA Rubinstein wrote to the Florida Dept. of Labor about SMITH having to leave the employment of KIMBALL for fear of being discovered. Evidence was also gained where SMITH admitted to a Florida Dept. of Labor administrator that he was an undercover agent and the labor board supervisor memorialized it by writing it up in his report. Also, in his testimony in the 2001 DOH administrative case, SMITH testified and slipped up in his constant perjury and admitted he attended a meeting after KIMBALL's indictment which related to KIMBALL's actions and defenses. SMITH had testified to Judge Lazzara in federal court that he did not attend meetings after KIMBALL's indictment regarding KIMBALL's activities and defenses. DUNN who did not testify at KIMBALL's trial due to the actions of Judge Lazzara, did testify in 2001 at the administrative hearings stating SMITH attended many legal conferences after KIMBALL's indictment regarding KIMBALL's defenses in the indictment, to include the legal conference which SMITH attended with DUNN which placed KIMBALL in jail.
38. In one of his many legitimate motions to dismiss, DUNN pointed out the letter of the law put forth by the legislature in the Dietary Supplement Health Education Act (DSHEA) which states; that before any person can be brought up on criminal charges for selling a dietary supplement under DSHEA, the FDA must communicate with the person of an alleged offense and hold a hearing on the issue if requested. DSHEA also stated in non-legal terms that any product qualifies as a dietary supplement if it contains one or more ingredients specified in DSHEA. KIMBALL and DEDI's LDC was sold under DSHEA and contained four ingredients all of which qualified under DSHEA as dietary supplements, testified as such by experts. Judge Lazzara said, in essence, that doesn't matter because other court cases negated what the legislature said in their law they passed, DSHEA. He didn't care what the legislature said, he was going by precedent law.
39. As the trial began, the lies by AUSA Rubinstein and judicial misconduct by Judge Lazzara was deliberate, immediate and exceedingly detrimental to KIMBALL. In AUSA Rubinstein's opening statement, which was full of lies some of which were LDC was "exactly" the same as Eldepryl and bringing up KIMBALL's past alleging a criminal history when, in reality, there was none. Prejudicing the jury with his lies, yet Judge Lazzara said nothing. As soon as KIMBALL started making his opening statement and was telling the jury "the truth", that he was forced to defend himself because he could not afford an attorney which would have revealed that the court violated KIMBALL's Sixth Amendment rights "to have the assistance of counsel for his defense", Judge Lazzara interrupted KIMBALL, brought him to his bench and chastised KIMBALL loud enough for every juror to hear him scolding KIMBALL telling him he was prejudicing the jury by telling them that. Throughout KIMBALL's opening statement Judge Lazzara kept interrupting KIMBALL, even questioning the truthfulness of KIMBALL's statement to the jury. Judge Lazzara advised AUSA Rubinstein and Special FDA Prosecutor Jones to make objections to KIMBALL's opening statement to the jury as they had no objections to that point. Judge Lazzara now became a third prosecutor against KIMBALL with AUSA Rubinstein and Jones.
40. Aside from Judge Lazzara interrupting KIMBALL throughout the trial, chastising him loud enough for the whole jury to hear, after the government prosecutors had their chance at the witness and KIMBALL cross examined them Judge Lazzara would cross examine them again in further attempts to discredit them if it appeared KIMBALL did well with them in his examination. In the midst of the trial when KIMBALL asked AUSA Rubinstein to produce witnesses he had requested from the government, AUSA Rubinstein refused and told Judge Lazzara the witnesses KIMBALL could have and the Judge went along with Rubinstein. Judge Lazzara had agreed to allow KIMBALL to produce a multitude of reports from DEDI's customers in lieu of their testimony, which KIMBALL intended to use in his defense as evidence of the safety, effectiveness and the differences between KIMBALL's supplement and Somerset's drug. Judge Lazzara agreed to allow them in as evidence, but when KIMBALL went to present this evidence to the jury Judge Lazzara refused to admit any. Judge Lazzara allowed AUSA Rubinstein, without objection, to compare Somerset's Eldepryl prescription drug to KIMBALL's LDC, condemning LDC when the government never did any testing, reviewed any trials on LDC, even the ones conducted by DEDI on their LDC. However, as soon as KIMBALL began to examine one of the expert witnesses about the trial test results with Eldepryl, revealing the toxic side effects due to an unknown contaminant, Judge Lazzara objected and refused to allow the testimony for the jury to hear. When an argument was presented to Judge Lazzara that the door was opened by AUSA Rubinstein when he had done the same thing, Judge Lazzara simply replied, "well, why didn't KIMBALL object?" What KIMBALL should have said to Judge Lazzara was, "Judge, why didn't you object to AUSA Rubinstein when he brought it up, you objected to me bringing the subject up and disallowed the same subject matter?"
41. KIMBALL flew in a key expert witness from California who had testified as an expert in federal court before. He was to explain in layman's terms to the jury the exact differences between the dietary supplement KIMBALL developed and the drug Somerset had approved for sale only with another drug. Directly after Judge Lazzara admitted KIMBALL's witness as an expert, without any objection by the government, Judge Lazzara interrupted KIMBALL's witness and disqualified him because he started testifying from his review of other laboratories testing results. On the other hand, Judge Lazzara "did not" interrupt and disqualify any of the three government's alleged expert witnesses, and allowed them to testify about the testing results from Somerset's product which they never personally tested; even when they admitted they only reviewed other people's testing. In fact, Judge Lazzara even allowed the government to condemn KIMBALL's LDC as being dangerous, possibly fatal, when the experts admitted to not only never testing it, they didn't even state they reviewed any testing about KIMBALL's product that revealed any danger at all. That's because after 10 years LDC revealed no danger at all as testified to by doctors that had used LDC for their patients for 10 years.
42. Judge Lazzara allowed the government's experts to consistently condemn KIMBALL's product without any substantiating first hand knowledge. When KIMBALL attempted to question his own expert witnesses with substantiating evidence about the differences and detriments of Somerset's Eldepryl prescription drug product vs. KIMBALL's LDC. Judge Lazzara refused to allow the testimony. Judge Lazzara even stated in court that KIMBALL's LDC was a drug. Then after KIMBALL's expert witnesses testified it was a dietary supplement and, by law, was such, Judge Lazzara asked AUSA Rubinstein and FDA Special Prosecutor Jones; well, can't KIMBALL's product be both a dietary supplement and a drug?
43. Judge Lazzara even refused to allow KIMBALL to use a good faith defense which is an absolute defense to the government's charges that KIMBALL's LDC was prescription drug. KIMBALL adamantly believed, and still does, that DEDI's LDC product was a dietary supplement, not a drug, and everyone that knew KIMBALL would have testified to that fact. However, Judge Lazzara was not going to have that, nor put it in his jury instructions. The entire trial was mockery of the judicial system lead by Judge Lazzara, AUSA Rubinstein and Jones, all federal judicial employees.
44. AUSA Rubinstein refused to produce exculpatory evidence which revealed his key expert witness, Dr. Ira Shoulson, committed perjury in attempts to condemn KIMBALL and his product. This evidence was discovered and revealed just after KIMBALL was found guilty. It was immediately presented to Judge Lazzara, who just commented, "why wasn't this evidence produced at trial?" It was a violation of law for AUSA Rubinstein not to produce exculpatory evidence and Judge Lazzara should have, at the least, declared a mistrial. Additionally, AUSA Rubinstein knowingly presented pertinent evidence in document form representing them as something they were not, notwithstanding the documents presented were false, as a matter of fact. Worse, AUSA Rubinstein knowingly presented additional falsified documents to the jury, which again was pertinent to KIMBALL's conviction in the form of commercial invoices allegedly proving KIMBALL was recently selling LDC, when, in fact, AUSA Rubinstein knew the documents were altered by his undercover operative SMITH as they were altered in SMITH's handwriting. Again, this information was discovered in the duplicate hearing in 2001.
45. Throughout the entire trial, AUSA Rubinstein and all his expert witnesses projected to the jury that Somerset's product was approved by the FDA as an independent prescription drug using only once the word "adjunct", which KIMBALL is sure none of the jurors understood what adjunct meant, nor the judge. Eldepryl had to be a prescription drug simply because its "only" FDA approved use was with a dangerous prescription drug. Eldepryl was not FDA approved for any use by itself. The government's key expert witness at KIMBALL's trial, Dr. Schoulson, slipped while giving his testimony and "stated" Somerset's product Eldepryl "did not work". KIMBALL's expert witnesses Dr. Kalsa and Dr. Dean testified additionally Eldepryl did not work while stating KIMBALL's LDC did work very well. Testimony from a Parkinson patient that was using Eldepryl in 1990-1991 and was dying, ran across LDC in Mexico, ceased using Eldepryl and walked in to testify at KIMBALL's trial 8 years later testifying how LDC has saved her life. It was obvious just from the testimony of those witnesses that Eldepryl and LDC were not the same at all. However, the jury was steamrolled by lies, misconceptions of KIMBALL and his LDC by Dr. Schoulson, Federal agents, Judge Lazzara and the two government prosecutors. Judge Lazzara being the very worst by allowing bogus testimony to ramble on and on, prejudicing the jury against KIMBALL who was attempting to defend himself with two Prosecutors and one Judge against him. KIMBALL had seen the financial records of Somerset's Eldepryl sales for about 10 years and it had generated almost one billion dollars in revenues from a very limited market of people dying of Parkinson's disease. Somerset's product was nothing more than a huge scam fleecing money from the public that were afflicted and dying of a degenerative disease, Parkinson's, that their own expert researcher slipped and admitted Eldepryl "DID NOT WORK." The FDA was sitting right there and heard the testimony Eldepryl did NOT work, and KIMBALL's LDC "did work". The FDA put KIMBALL in prison essentially for the rest of his life because he developed a product that did work and LDC is not available anywhere to save anymore lives while the FDA allows Somerset to continue to scam the compromised public dying of Parkinson's disease with Eldepryl and other generics that it knows "DO NOT WORK". Notwithstanding, to prove KIMBALL was guilty of anything, Judge Lazzara reluctantly stated to the jury that they had to first find KIMBALL guilty of selling a PRESCRIPTION DRUG. The FDA had never determined that LDC was even a drug, never mind a prescription drug, and the FDA is the only entity that, by law, can do so, and they refused to do so for 10 years. There is no provision in the law for a jury to make the determination that any product is a drug, or a dangerous prescription drug, nor does a jury have the expertise to do so. Judge Lazzara knew this, as did the conspirators. Yet they let the trial continue in their vendetta to imprison KIMBALL with their lies and deliberate misconduct.
46. Judge Lazzara wasn't a judge, he was prosecutor, executioner and a dictator in court as the trial record indicates. Judge Lazzara slipped during the trial suggesting that if KIMBALL went to the FDA first and asked for his product to be accepted as a dietary supplement, there wouldn't be a trial. Judge Lazzara had forgotten the testimony by the government's own witness which verified that is exactly what KIMBALL did in 1991 when the FDA violated KIMBALL's First Amendment rights and returned his petition without administrative review as required by law. Judge Lazzara slipped again when he said there was no harm to the public and everyone liked KIMBALL's product. Prior to sentencing, Judge Lazzara showed his prejudice again stating KIMBALL was a millionaire inferring KIMBALL had hidden lots of cash overseas, even when the evidence clearly showed KIMBALL was $160,000.00 in personal credit card debt that he couldn't pay. KIMBALL, nor any family members, had accounts overseas or cash hidden overseas. KIMBALL most assuredly "was not" a millionaire and that statement from Judge Lazzara was a lie. However, it revealed one of Judge Lazzara's true bias feelings. Even KIMBALL's wife was $100,000.00 in personal credit card debt and owed over $350,000.00 in mortgages she did not have the means to pay and eventually had to sell property to stop from losing it and to support their 12 year old son.
47. KIMBALL took up the last of the donated money from his customers for his defense, borrowed the rest on his credit card and hired a prestigious attorney from Miami who was recommended by others to argue his sentencing before Judge Lazzara. Attorney Mike Pasano of Zuckerman, Spaeder advised KIMBALL prior to sentencing that as KIMBALL had done no harm, and there was no loss to any consumer only benefit, that Judge Lazzara should only give him 6 points amounting to probation for a year or so. Mike Pasano explained to KIMBALL that he used to be a prosecuting attorney, as were all the attorneys within his firm, and that they were fed up with it because he found that most all the government agents would lie under oath to convict whoever he was prosecuting. Pasano felt that was wrong and left his prosecuting attorney position to become a defense attorney.
48. Needless to say, at sentencing Judge Lazzara gave KIMBALL 13 years in prison for his first offense. KIMBALL had requested a trial by jury. Judge Lazzara was NOT going to allow KIMBALL a TRIAL BY JURY. In sentencing Judge Lazzara found KIMBALL GUILTY of many more charges NOT FOUND OR EVEN PRESENTED TO THE JURY and added about 12 more years to KIMBALL's sentence. KIMBALL was 60 years old, that was just about the equivalent of a life sentence for saving lives and improving the quality if life of thousands of people. To add insult to injury, if KIMBALL lives to serve his sentence, Judge Lazzara stated KIMBALL was to serve 3 years probation and no member of KIMBALL's family could be in the dietary supplement business.
49. KIMBALL was immediately placed in a federal jail in Tampa, Florida awaiting another trial on the trumped up charges contrived by undercover agent SMITH and AUSA Rubinstein. Those charges were ultimately dropped as it was so obvious that the charges were contrived by "all."
50. While KIMBALL was in jail in Tampa, he saw injustice everywhere. He reviewed all kinds of inmates charges and sentences. Some inmates in Morgan Street Federal Jail had been there one to two years just waiting for a trial, while others were waiting months just to see a court appointed attorney. Tampa Federal Jail does not allow visits with wives, children or family where an accused person can even speak face to face with them, never mind touch or hug their children or wives. Court appointed attorneys told their clients to plead guilty even if they, were not, or wanted to go to trial. One person who was obviously totally addicted to drugs was told by the Florida State Prosecutor she would recommend him to go to a drug rehabilitation center and the charges would be dropped by the State of Florida. Federal agents took over the State case and a Tampa judge gave him ten years in prison. Another kid that could not have been over 20 years old received a 25 year sentence from a judge in Tampa for selling drugs. He couldn't even speak English. There is no question that a high percentage of the people in jail were innocent, or dramatically over sentenced under the judicial system in Tampa. KIMBALL started writing stories about the people in jail and the cruel judicial system which defended and sentenced them. His stories began to be published in small papers. Large newspapers apparently didn't think injustice was newsworthy. After KIMBALL wrote a story about the cruelty of the boat people, he was transferred 100 miles south to La Belle Jail in La Belle, Florida. KIMBALL had written a true story about some fishermen that had been employed by different captains of fishing boats as fisherman all their lives (full story available for viewing on the www.idaho-observer.com). While they were fishing in Ecuadorian waters, a U.S. Coast Guard ship forced entry onto their 90 foot fishing boat and searched it. They allegedly found a small amount of drugs in the kitchen area which none of the fisherman knew anything about, however, they believed the Captain of the fishing boat was aware of the drugs. The Coast Guard took everyone off the fishing boat in handcuffs, opened fire, and sank the fishing boat with over two tons of fish still onboard. The Coast Guard ship headed for the United States. As the ship entered the Panama Canal, the crew of the fishing boat who were chained during the 2 week trip were hidden from the Panamanian security which boarded the Coast Guard ship. The entire crew was brought to Tampa, Florida for trial. Previous crews were also brought to Tampa, convicted and were sentenced to many years in U.S. prisons. This one fisherman had a wife and 4 children that he had supported all his life working on fishing boats. He had not spoken to his wife since he had signed onto the boat 2 weeks prior to the Coast Guard sinking it. Also, he didn't have any money and had been in Morgan Street Jail for four (4) months and had not even seen a court appointed attorney. He was a very sad and lonesome man as were all the South American fishermen in Tampa Federal Jail. In his story, KIMBALL condemned the employees of the U.S. Government who ordered such acts to take place as this appeared to be, at least, the third fishing boat the Coast Guard had sunk. KIMBALL was told by a multitude of people that the reason the U.S. Coast Guard brought the fishermen through the Panama Canal past Miami all the way to Tampa was because the Eleventh Judicial Circuit was the most corrupt circuit in the United States. Also, that the Middle District, which is in Tampa, was the most corrupt part of the Eleventh Circuit. In Tampa, a conviction was almost a guarantee, innocent or guilty.
51. In his article, KIMBALL related to the acts of the U.S. Coast Guard and the people that ordered such acts as kidnappers, committing piracy and willful destruction of property. Although KIMBALL came to believe "terrorists" would have been a much better description of all the U.S. people involved. This was because the U.S. Coast Guard instilled terror into all the fishermen from Ecuador and the surrounding countries by sinking unarmed boats, removing people from the families and bringing them to a foreign land and imprisoning them.
52. After that article, KIMBALL was moved to La Belle Jail where he was housed as a federal prisoner with state prisoners in the same cell, which in itself is unlawful.
53. While being transported by U.S. Marshals, KIMBALL was placed in the very last space by the rear door of the van. The metal bench seats ran along the side of the van and faced each other. The Marshal driving the van was either crazy, completely stupid or was intentionally trying to hurt KIMBALL. He drove like a madman flooring the accelerator when he took off from a stop light causing KIMBALL to go flying off the rear seat, smashing his left shoulder into the inside metal cage injuring KIMBALL's left shoulder. As there were no seat belts and all the inmates were chained together, others may have been injured also. KIMBALL went crashing into the steel grate three (3) times before a prisoner across the van put his leg all the way across the van against KIMBALL's side of the wall to stop him from flying off the seat. The Marshals in the front could have cared less as they drove from Tampa to Ft. Myers at speeds of 100 mph, weaving in and out of traffic and riding on people's bumpers all the way.
54. La Belle Jail was so filthy that dirt and dust was hanging at least six (6) inches down from the plugged air vents and was additionally hanging off the stairs. KIMBALL had not been sick in years, however, within three days of his arrival at La Belle Jail he was having trouble breathing and could barely speak. As there was no doctor at La Belle on the fifth day, U.S. Marshals came and picked KIMBALL up to return him to Morgan Street Jail allegedly for medical treatment instigated by a former Congressman, Berkley Bedell.
55. KIMBALL was the only passenger in the van on the 100 mile ride back to Morgan Street Jail and was injured again due to the acts of the U.S. Marshals.
56. KIMBALL firmly believes his transfer to La Belle was a direct order from Judge Lazzara and AUSA Rubinstein for writing news articles, as Judge Lazzara has control over the U.S. Marshals. This simply because the coordinator over U.S. Marshals who usually orders all transfers stated KIMBALL should not have been transferred and did not know how he happened to be transferred to La Belle.
57. Upon his return to Morgan Street Jail, the jail started treating KIMBALL and he was getting better when he was again transferred to another jail. However, before they started treating him there, he was transferred again to Coleman-Low Correctional Institute, a federal prison in Coleman, Florida.
58. Upon KIMBALL's arrival at Coleman-Low ("CL") he was met by an unlicensed Physician Assistant ("PA") who took away all of KIMBALL's medications prescribed by licensed medical doctors and told KIMBALL he could not see a doctor for at least 3 months and he would only receive medications authorized in the BOP formulary even though BOP policy states differently. After the meeting with the PA, KIMBALL was placed in solitary confinement, i.e., the hole. The BOP has a fancy name for "the hole", they call it the "Special Housing Unit" (SHU). There was bed space on the prison compound, however, CL placed KIMBALL in the hole anyway. While KIMBALL was in the SHU, the BOP violated just about every federal rule and regulation there is in their treatment of KIMBALL.
59. Once released from the SHU into regular inmate compound housing, KIMBALL's breathing and coughing problem became much worse. Even his counselor sent him to medical just after his arrival. CL medical ("CLM") refused to treat KIMBALL either for the serious pain in his neck and shoulder or for his serious breathing and coughing problem. By the end of January, 2001, KIMBALL was coughing around 600 times a day and had very serious problems breathing. Still CLM refused to allow KIMBALL to see a specialist outside the prison or even the unlicensed doctor at CLM. Senator Harkin sent in inquiries about the mistreatment of KIMBALL by the BOP. When the BOP answered Senator Harkin the BOP's response was filled with lies and misleadings.
60. For months the BOP refused to not only treat KIMBALL, CLM refused to allow any doctor to examine him. Senator Harkin sent in more inquiries, with some sent into the BOP's headquarters in Washington, D.C. The BOP's responses to the Honorable Senator Harkin were more of the continual lies and misleadings. When a combined inquiry came in from Senator Harkin, Senator Nelson and former Congressman Bedell, KIMBALL was taken to see CLM's alleged licensed medical doctor who turned out to be a person who was not licensed to practice medicine in any state in the United States. However, alleged Dr. Davila ("DAVILA") was employed by the U.S. Government as a medical doctor even though, by law, he could not practice in the community as a medical doctor. If he did he would be arrested for practicing medicine without a license and put into the same prison he presently was practicing at. When KIMBALL was allowed to see Dr. Davila, his breathing had degenerated to using an Elbuterol inhaler to assist his breathing as KIMBALL had been refused antibiotics from CLM for over 6 months even though his personal medical doctor had sent him prescriptions to give to CLM.
61. Dr. Davila examined KIMBALL and said his continued coughing was caused by smoking even though CLM's medical records showed that was not so at all. Dr. Davila told KIMBALL he had a lump on the side of his neck that could be cancerous and even had the other alleged doctor, which again was not licensed in the United States to practice medicine, a Dr. Blanco verify the lump on KIMBALL's neck. KIMBALL could not feel any lump, nor could any one else. Dr. Davila stated to KIMBALL that he needed the lump looked at and KIMBALL stated he didn't care about the alleged lump, he needed his coughing and breathing problem properly diagnosed. Dr. Davila refused and refused to treat the upper respiratory infection KIMBALL had which was diagnosed by his private medical doctor who had eventually come to visit KIMBALL for a diagnosis at CL. KIMBALL's medical doctor also stated there wasn't any lump on KIMBALL's neck.
62. There is no question alleged Dr. Davila and Dr. Blanco deliberately told KIMBALL a lie about the nonexistent lump on his neck and deliberately refused to treat any of his very serious medical problems. In their charade they even sent KIMBALL out to an outside medical doctor who clearly stated there was no lump on KIMBALL's neck. However, when KIMBALL asked the medical doctor in Leesburg, Florida to diagnose his coughing and very serious breathing problem, the doctor said he could not due to the fact the BOP had not requested it. He was not allowed to do anything medically unless the BOP specifically requests it.
63. KIMBALL, now getting much weaker, knew he was dying and he could do nothing about it. More inquiries came in from Senator Harkin. KIMBALL was advised by counselors and a lieutenant that the Senators can do nothing about the BOP, or the way they treat prisoners. It was only more paperwork and was meaningless to helping me or anyone else. KIMBALL was told straight forward the Senators have "No Power" over the BOP. In essence these people were telling KIMBALL there is no one that can stop the BOP from doing whatever they want to KIMBALL, to include violating all the laws that govern the BOP and its employees. KIMBALL found out that the counselors and lieutenant were absolutely correct. KIMBALL felt that higher ups in the BOP might know that, however, its got to be common knowledge if the lower echelon of the BOP knew that fact. DUNN was preparing a lawsuit in an attempt to get KIMBALL immediate medical treatment. DUNN filed a restraining order and preliminary injunction against the BOP in federal court in Ocala, Florida to secure emergency medical treatment for KIMBALL. The restraining order and injunction cited the violations of law the BOP was deliberately perpetrating against KIMBALL, the inhumane treatment he was receiving, and the urgency of the matter. The court revealed its prejudice and total non-concern for human rights or even the life of any inmate in prison, by denying the request in one day. Rest assured, if a government attorney filed a motion for a restraining order against a local community doctor for mistreating a government employee, the judge would issue the restraining order in a second. DUNN told KIMBALL there was little to no chance of getting any relief from a federal judge as they only care about what government attorneys request, not what a private attorney requests to protect their client from government atrocities, or even death. The Eleventh Circuit Court of Appeal said the judge was correct because of a procedural error by DUNN, as a procedural error is obviously more important than human life.
64. With added pressure, the BOP finally took KIMBALL to an outside specialist, Dr. Vaught in Leesburg, Florida, to diagnose his coughing and breathing problems. Dr. Vaught told KIMBALL he had two (2) large polyps in his throat causing a blockage of his breathing passage. His voice box, larynx, and vocal cords were enlarged causing additional breathing problems. After learning of KIMBALL's past history of no such problems, Dr. Vaught told KIMBALL his continual coughing and lack of treatment were the primary cause of KIMBALL's polyps and enlargements, which was obvious. Dr. Vaught told KIMBALL the test revealed no cancer present, however, a biopsy was a good idea just to make sure. Dr. Vaught also told KIMBALL he had no idea how to correct the enlargements in KIMBALL's throat, but he would start with antibiotics.
65. Even with the specialists recommendations and KIMBALL's medical doctor recommending antibiotics, CLM refused to give KIMBALL any. It had been almost seven months without even an antibiotic. It was around this time KIMBALL had a crown fall off of his tooth and had a painful cavity that CLM refused to even look at, never mind repair. KIMBALL was losing weight due to the fact it was so painful to eat.
66. CL became aware of the lawsuit KIMBALL was filing and he was put back into the Hole for the third time on a contrived charge by the BOP. KIMBALL had been warned by many inmates that the BOP retaliated against any inmate that filed lawsuits against them, or inmates they didn't like. KIMBALL was placed in the SHU for exchanging legal documents with his attorney at visit which is allowed by law. Additionally, he had written permission to do from the staff at CL and authorization in writing from the Warden. DUNN and KIMBALL had been exchanging legal materials at legal visits for 7 months with total authorization from the BOP, and by law, and the BOP's own policy. When KIMBALL was placed in the SHU, the BOP canceled KIMBALL's attorney visits, family visits, confiscated all KIMBALL medication including his Elbuterol inhaler, and confiscated all his legal documents. Most everything the BOP did to KIMBALL was in violation of the law and the BOP's own policies. The BOP refused to allow attorney calls or for KIMBALL to speak to his wife. It is exceedingly difficult to describe the feeling of being put in the hole, the medicines barely sustaining your life taken away and knowing you have an excellent chance of dying by yourself without communication with family or friends.
67. The BOP even restricted KIMBALL from seeing a PA for the first 7 days he was in the hole. This was totally against the law and BOP policy, notwithstanding it was in violation of the law to place KIMBALL in the SHU in such critical medical condition. KIMBALL firmly believes the BOP placed him in the SHU and took away his medications in hopes he would die in the SHU. Senator Harkin, Senator Nelson, and former Congressman Berkley Bedell had done all they could do against the powerful forces of the U.S. Justice Department. KIMBALL believes to this day that he was kept alive by a "Higher Authority" for some other unknown purpose.
68. KIMBALL was finally seen by a PA and given back only one of his medications "NOT" his elbuterol inhaler. KIMBALL was handcuffed and taken to Lieutenant Lewis, the officer in charge of the SHU. Lt. Lewis explained the facts of life in prison to KIMBALL. Lt. Lewis told KIMBALL he could be put in the hole for 90 days for no reason at all, and be killed. All the BOP had to do was to put a mentally disturbed inmate in the same cell with KIMBALL to kill him and it would be listed as an accidental death. A few days later Lt. Lewis did exactly that, put a mentally disturbed inmate in with KIMBALL; however, his unit team had KIMBALL released from the hole the next day. KIMBALL was informed by inmates who were released from the hole after KIMBALL, that the inmate that was put in the same cell as KIMBALL went crazy and tore up the entire cell and was transferred out of CL.
69. Additionally, while KIMBALL was in the hole, the BOP violated all KIMBALL's due process rights; falsified records and found KIMBALL guilty of the charges against him and took 13 days Good Time from KIMBALL. The federal laws, rules and regulations that govern the BOP, which the BOP violated against KIMBALL, exceeded 30 while he was in the hole those 16 days. KIMBALL appealed the findings of CL to the BOP in Atlanta and Washington, D.C. who replied the action taken by the BOP employees was correct. The issue is now before a federal court in Jackson, Mississippi. KIMBALL's counselor, Mr. Upchurch at CL, told KIMBALL his recommendations for punishment were directly ordered from Warden Swope and Captain Evans. Mr. Upchurch also told others the same.
70. With even more outside pressure put upon the BOP by Senator Harkin after KIMBALL's placement in the hole, KIMBALL was again taken to Dr. Davila who finally gave in to outside demands for months and prescribed a strong anti-biotic for KIMBALL. KIMBALL got better immediately and within 10 days KIMBALL's cough was all but gone. KIMBALL still had very serious breathing problems and had become so sick he could barely make it up the stairs to his housing unit.
71. CLM took KIMBALL out for an operation which had to be aborted for fear of KIMBALL expiring on the operating table. After KIMBALL woke up from the anesthesia, Dr. Vaught told KIMBALL about the abort and that the time delay by the BOP to okay his operation, the polyps in KIMBALL's throat had increased in size, were huge and overlapping and his breathing passage was just about nonexistent. Dr. Vaught told KIMBALL he had to put in a tracheal tube while he was awake to avoid the chance of KIMBALL dying. KIMBALL agreed, however, the BOP delayed the operation for weeks before KIMBALL was finally taken in for the second operation deliberately placing KIMBALL's life in further danger.
72. KIMBALL learned from people who worked at CLM that the BOP selectively picks who will receive medical treatment and who will not. Serious pain and constant suffering is not a criteria to receive medical treatment, even though the BOP policy and rules governing the BOP say that it is. The BOP policy rules say that an inmate must receive the same medical treatment that the public receives in their community. The blatant refusal of the BOP to even closely adhere to their own policies causes the constant pain and suffering of inmates, while some die under those conditions, as KIMBALL should have. One PA at CL told KIMBALL that inmates at CL die from non-medical treatment while other PA's and officers at CL stated they are ordered not to call medical for medical assistance for an inmate no matter how severe the emergency, unless the inmate is "down". Meaning, on the floor and cannot get up.
73. KIMBALL learned by experience and speaking with other inmates receiving the same punishment, that select inmates the BOP doesn't like are automatically placed in the hole for punishment for seeking medical treatment when seriously ill, which is against the law. KIMBALL found out from other inmates from different prisons that some prisons automatically put all prisoners in the hole that are seriously ill. Punishment for asking for medical treatment.
74. After KIMBALL was operated upon for the second time, one of KIMBALL's teeth which had a painful cavity for months, which CLM refused to even look at became seriously infected. Untreated, the infection became so serious from neglect the infection got into KIMBALL's bloodstream and nearly immobilized him. He was barely able to walk by himself to CLM which was about 200 feet from his housing unit. The BOP had deliberately refused to even look at KIMBALL's teeth, which caused him to lose 2 teeth, and the life threatening infection.
75. Just after KIMBALL's second operation, while on an antibiotic to address the infection from KIMBALL's teeth that had spread throughout his body, KIMBALL was placed in the hole again on contrived charges by Captain Evans and others at Coleman. The treatment KIMBALL received in the hole for the next 100 some odd days was unbelievable and illegal prior to his being transferred to a prison in Yazoo, Mississippi on totally concocted charges which were totally untrue. Not only were lies told by BOP staff, documents were falsified and KIMBALL's BOP file altered, discovered later by BOP staff who advised KIMBALL. Now under the control of Acting Warden Killian, Captain Evans and Lt. Lewis's treatment and torture of KIMBALL in the hole surpassed his last endeavor there. The violations of BOP rules were outrageous. KIMBALL was placed in a cell without lights then days later was put in a cell with red ants everywhere. At 61 years old, KIMBALL was forced to carry over 100 pound bags while being handcuffed until he collapsed on the stairs. He was forced to sleep on the cement floor when there were a multitude of lower bunk beds available. The BOP was attempting to force KIMBALL to sleep on a top bunk five feet off the cement floor which had no ladder to get up to the top bunk, and no safety rails to stop inmates from falling off. KIMBALL had seen one of his cell mates fall off the top bunk onto the cement floor in the hole. The BOP does not have any bunk beds in the hole with ladders or safety rails as they do in general housing. KIMBALL has seen inmates falling off sinks attempting to get up to the top bunk in the Hole. KIMBALL and others have the names of inmates who seriously injured themselves either attempting to get up to the top bunk or falling off the top bunk in the Hole. With KIMBALL's injuries there wasn't any way he could have climbed on the sink to get up to the 5' high top bunk or would have as there wasn't any safety rail. Yazoo City prison being a higher security punishment prison not only doesn't have guard rails on the top bunks in the Hole, Yazoo doesn't have guard rails on the top bunk in the general inmate housing quarters. KIMBALL has heard a number of reports of inmates constantly falling off the top bunks onto the cement floor being injured. He was placed in cells that only had scalding hot water and then was deprived of clean clothing for over a week at a time. He was totally deprived of medical treatment for extended periods of time, even after the oral surgery was conducted due to the serious infection while KIMBALL was bleeding profusely. KIMBALL had to treat himself for the constant bleeding.
76. KIMBALL was constantly belittled and made fun of by the officers in the hole and refused recreational activities, which is illegal. Even his mail was read by officers in the hole, which is totally illegal and against BOP and federal law. While KIMBALL was in the hole over 100 days, he was given two incident reports of BOP violations, both attorney related alleged legal violations. One was for speaking with his attorney when he was finally granted a 15 minute telephone call to his wife and the call was cut off by the BOP after about 3 minutes of conversation. The other was for an improper legal item in his legal materials authorized and given him by the BOP when it was sent in by an attorney. Both incident reports were eventually retracted, but KIMBALL paid a price for them while in the hole.
77. KIMBALL's legal documents were taken away by the officers. Legal administrative documents were destroyed or shredded. Every attempt possible was made by the BOP to impede KIMBALL from being capable of properly conducting a 10 day DOH telephonic hearing while he was in the hole. The BOP provided KIMBALL the filthy cement floor of one of those strip cells where the inmates had to strip and throw their dirty clothes. Strip cells are illegal in the hole, however, they were used constantly at CL and Yazoo. KIMBALL was forced to eat his lunch and dinner on the floor of the filthy strip cell. All the paper clips holding his paperwork were removed so it was nearly impossible for him to find documents due to the disorganized paperwork. BOP officers refused to allow KIMBALL to take his legal paperwork back to his cell at the end of the telephonic hearing each day to prepare for his examination of witnesses for the next day. The BOP would confiscate his paperwork at the end of each day and give it back at the start of the hearing the next day.
78. KIMBALL was representing DEDI before the administrative court in the third duplicate case as he was tried for. Even through all the abuse, mental and physical, along with the deliberate attempts of the BOP to impede KIMBALL's legal rights in the DOH hearing, KIMBALL secured the documents and testimony during the hearing which proved the aforestated in this declaration of perjury and falsified documents, etc. at his trial and before the grand jury.
79. While KIMBALL was at CL he read transcripts, pre-sentencing investigation reports, and spoke to a multitude of inmates about their convictions and sentences. KIMBALL came to the conclusion that at least 10% of the inmates were actually innocent of any crime. Many often had plead guilty either to protect other members of their family from the threat of an indictment by government agents or government prosecuting attorneys; while others were told by government appointed defense attorneys you can't win as the government prosecutors have over a 95% win ratio. They were told they would only receive 25% or less of the normal sentence if they pled guilty even if they were innocent, which some definitely were. KIMBALL had seen records and spoken to inmates that went to trial for the same basic offense as the one that pled guilty in a plea bargain; receiving 10 or 15 years more for the same offense if they went to trial. It was obvious that the vast majority of federal judges punish everyone who even attempts to claim their constitutional right to defend themselves, or is innocent of the prosecutors charges, should they be found guilty incorrectly by a jury in rigged trials across our country. Even the jurors in this day and age, for the most part, believe that if the government acquires an indictment then the person is guilty right from the start. Add to that, the perjury by government agents and perjury from confidential informants bought and paid for by the government with either a reduced sentence or no sentence at all. Almost every inmate KIMBALL interviewed stated that the confidential informants, usually their friends, lied about them to government agents to receive a reduced sentence or no sentence at all. Many of the confidential informants who themselves were accused by agents of wrong doing, fearing long term imprisonment, are enlisted as undercover agents or operatives by government agents for no prosecution at all. The majority then turn around and lie about the people they turn in to the government agents, then lie in testimony if the case goes to trial, to convict the accused so they can acquire a get out of jail card free.
80. In the many interviews with inmates, and reviewing their records, KIMBALL has determined that "entrapment and conspiracy" are the "very worst" condoned perpetrations against a person's rights in the justice system to put people in prison. Examples: A government agent approaches a drug addict who never sold a drug in their life. When the addict refuses to sell him the drugs he is using the DEA agent offers the addict, who has little money, 10 times the price that the addict paid for the drug. Needing the money and seeing the huge profit, the addict sells him his drugs and goes to prison for it. Or if the DEA or state agent needs more arrests under his belt, he tells the addict you identify ten more drug addicts for me and I won't arrest you at all. The agent gets the names of ten more addicts who he again offers 10 times the price for their drugs, which of course each accepts and the DEA agent has 10 arrests instead of one. The DEA agent heightens the charges and makes the arrests, not for drug possession which may carry no prison time or very little; the charges now become selling with the intent to distribute or even conspiracy to sell and distribute drugs which may be plea bargained for 3 to 5 years in prison, or if it goes to trial the addict may get 10 to 20 years in prison.
81. In the case of more serious entrapment offenses: a federal DEA agent approaches the owner of a bar at the request of another government agent of the Alcohol, Tobacco and Firearms Agency (ATF) who didn't like this individual because he is an activist against the ATF. The ATF agent is friends with the DEA agent and asks the DEA agent to get the owner of the bar. The DEA agent befriends the owner of the bar and tells him he is a marijuana runner and he receives $100,000.00 per trip just to pick up sealed boxes of marijuana in Miami, puts it in the trunk of his car and drops the sealed boxes off in Jacksonville, Florida. The DEA agent starts enticing the bar owner to do the same, however, the bartender refuses. Acting as the bar owner's best friend for two months, the DEA agent comes into the bar one day in a panic and tells the bartender he has a big load of marijuana in Miami that has to go right away to Jacksonville. They're paying $250,000.00 cash just to deliver one trunk load and they need one extra delivery car. The agent continues to tell "his best friend" that he's been doing this for years, its foolproof, he'll never get caught; and just to make sure, the bar owner can follow the agents car all the way from Miami to the drop off point in Jacksonville. The bar owner reluctantly agrees to make the run with the DEA agent. Once he gets to Jacksonville he is arrested. He cannot win at trial and plea bargains for 6 years in prison and ultimately loses his wife, children and business. All because he had a disagreement with an ATF agent and threw him out of his bar 2 years earlier.
82. In KIMBALL's opinion, over 80% of the people in the United States are susceptible to doing the exact same thing as the bar owner, as it's just a matter of how much money. If we would ask ourselves would I pick up and drop off a trunk full of marijuana on a one time deal for $250,000.00, 1 million dollars, or 10 million dollars, or more. If the answer is yes, which it would be in most every case, everyone is susceptible to entrapment under the same conditions. The government agents create the crimes when there is no crime to begin with. They are part of the crime that they invent. They should receive the exact same sentence that the people they entrap receive, as they are even more guilty by creating the crime to start with. Conspiracy and entrapment work well together to put innocent people in prison at the whim of government officials. One inmate received a 38 month sentence for a crime that never happened. This man was partners in a worldwide consulting firm based in South Florida. As he was a foreigner, he was using the services of an immigration attorney to acquire a green work card so he could stay at the Florida- based company more than the standard six months. Unbeknownst to the consultant, the attorney he was utilizing for his green card was laundering money and under investigation by the Feds. In fact, the attorney had made a deal with the Feds if he gave them so many people to indict he would not be charged with money laundering. The attorney gave a proposition to the consulting partner in the form of a business deal around 1997. His attorney suggested he had many clients that wanted to leave Hong Kong and come to the U.S. prior to Hong Kong becoming part of China. The U.S. Government had a policy that any one foreigner that would invest a million dollars or more in a business in the U.S. could secure a green work card and stay in the U.S. The attorney told the consulting partner that if he could set up the corporations and business for those foreigners he could acquire 5% of their investment as consulting fees. The only thing the attorney told the consultant that was suspicious was that he did not know where these people from Hong King were acquiring their one million each. The consultant told the attorney it doesn't matter how the people received their money, it only matters that he, the consultant, make sure that the corporation that he will be setting up for these people sometime in the future is above board and legal in every respect. The attorney taped the conversation unbeknownst to the consultant and turned it over to the Feds. The consultant was indicted by the Feds simply because he, stated he didn't care where the money was coming from at some time in the future in this hypothetical agreement to set up future corporations for people from Hong Kong. The consultant hired an attorney who advised the consultant that the DOJ was so powerful even though no crime had taken place, and the consultant had only stated he didn't care where the money came from, the Government would blow that out of proportion, bring in an army of bias witnesses if it went to trial. The attorney told the consultant he would only have a 50% chance of winning if he went to trial even though he was totally innocent and that his attorney fees would be $150,000 to go to trial. The attorney also advised him if he went to trial and lost he could get 10 -15 years in prison for his 1st offense if found guilty. The lawyer advised him to plead guilty and receive a plea bargain of a few years. The consultant plead guilty to a crime that was never a crime to start with and that never took place. The INS attorney that set up the consultant, set up 7 more people in the same type scenario so the INS attorney who really was guilty of money laundering would receive no prosecution at all for his money laundering crime which had already been committed. Quite a deal, government agents offer real criminals no charges in their quest to secure more and more convictions. In this case the Feds give an INS attorney who is caught red handed laundering drug money a get out of jail card free, while the INS attorney sets up innocent people via entrapment and hypotheticals and puts them in Federal Prison with the complete knowledge and consent of the Federal agents. The Federal agents belong in prison for allowing these travesties to go on day after day, year after year. Every citizen in the U.S. is subject to become a victim under the unjust, justice system today.
83. KIMBALL found out in testimony in court that government and state agents had done the exact similar things with him, only it didn't work. Government agents would call up or come into DEDI saying they were dying with serious medical conditions and needed LDC as they were told it would save their lives; begging DEDI in Florida to sell the product to them. DEDI would not. When that didn't work government conspirators decided they would use a different approach. They sent in agents to speak to KIMBALL about making a simple product for large distribution in Korea. KIMBALL agreed to make the product and each time they came into DEDI to take delivery of their product, they would shut the door in KIMBALL's office and pay him thousands of dollars in cash. Instead of putting the cash in his pocket, KIMBALL deposited the money into DEDI's checking account. Each time, KIMBALL would tell them to bring a check, they would bring cash. The last time he saw them there were three that arrived to pick up a very large order for a very large amount of money which, again, they brought in cash. KIMBALL told them this time he would not sell them anymore products unless they paid by check. He never saw them again, nor were any more orders placed for their product. KIMBALL did some checking on them after they never returned which lead him to absolutely believe they were government agents attempting to entrap KIMBALL for income tax evasion.
84. In all the interviews and review of inmates trial records, it was clear that 80% of the inmates in prison were dramatically over sentenced by judges for the alleged crimes they had committed, not taking into consideration that over 10% of all inmates who would have never been convicted at all in a "fair" trial. As examples: One judge in Florida sentenced a 54 year old man to 15 years in prison because he went hunting on government land, off season, with a valid Florida hunting license. Due to the fact he had been federally convicted 14 years before of driving a stolen car over state lines, it was his second federal offense. So as he was a convicted felon it was illegal for him to have gun, even with the valid hunting license. Worse, the judge that sentenced him knew he had bone cancer and was in a wheel chair by the time he was brought before the Court. The judge, in essence, sentenced him to die in prison without his family, for attempting to kill his own food. The inmate was indigent at the time of his arrest and on State aid. Another inmate in critical medical condition received six (6) months in jail and an additional 2 years in prison for failing to report traffic violations to his probation officer. Worse, while he has been incarcerated he has been unable to secure any medical treatment for his critical medical condition. Many federal judges tell the person who is about to be sentenced, knowing the person they are sentencing is critically ill, you will be well taken care of by medical in the BOP, as they, in essence, hand them a death sentence. The federal judges know perfectly well that medical care in the BOP is not only deplorable, it's inhumane. This, simply because there are so many legal actions against the BOP for refusing medical treatment or inhumane medical treatment, and judges constantly read such cases and decide upon them.
85. The inmate interviews and case reviews that KIMBALL made notes of could fill a volume of books regarding the inhumane, unconstitutional treatment of the American people by the Justice System and the BOP.
86. Prior to KIMBALL being transferred to Yazoo City, Mississippi, he had filed legal actions against the BOP for premeditated, deliberate inhumane acts and their deliberate violation of a multitude of laws which the BOP must follow. KIMBALL had been advised continually that filing legal actions against the BOP will cause reprisals, placement in the hole, or worse.
87. Once KIMBALL was transferred to Yazoo City, former Congressman Berkley Bedell, who was appalled with what had happened to KIMBALL and what was happening within the BOP, arranged for a meeting with Senator Grassley about what was transpiring. Senator Grassley's office requested that the Office of the Inspector General (OIG) investigate the assertions of KIMBALL.
88. KIMBALL was advised that the OIG is the highest investigative agency within the Government and judicial system as it investigates all government personnel within the BOP and the justice system.
89. Two OIG investigators, Steve Hunter and Greg Lowther, came to see KIMBALL at Yazoo City. KIMBALL explained to them most everything contained within this declaration. The agents were particularly interested in KIMBALL's medical treatment or lack of it.
90. KIMBALL explained the absolute refusal of the BOP to treat KIMBALL and the removal of his medications when he was dying. The fact that he was permanently damaged by the BOP, which was evident as they witnessed KIMBALL having difficulty speaking and catching his breath at times due to the enlargements in his throat. KIMBALL went on to explain what the PA said about inmates dying in the BOP because of medical neglect. KIMBALL told them about the number of inmates reported deaths while in the custody of the BOP at CL and that he witnessed one inmate being taken out in a body bag, as did many others. Also, the reported death of an inmate put in the hole in serious medical condition, along with the fact that the BOP consistently put inmates in the hole with serious medical afflictions absolutely against the law and their own policy. KIMBALL continued on to advise the OIG agents that the reported deaths by inmates that kept records exceeded ten (10) in two years, one every two months. That the then Warden Swope, put into a "very carefully" worded letter that only 6 had died at CL since it opened in 1996. KIMBALL was told that the BOP dragged the dead bodies of inmates off the property at CL to pronounce them dead outside the prison property in local hospitals and such. KIMBALL advised them that with the help of other people and a private investigator he found out that the BOP went out of their way to hide the deaths of inmates in their custody from public knowledge. KIMBALL told the OIG agents how to find them. KIMBALL even told them about an elderly inmate named Ley, and how they could find him, who had been going to CLM for 6 weeks because he was weak, out of breath with pains in his chest, arm and shoulder. Even an uneducated layman in this day and age knows those are the symptoms of a heart attack or stroke. CLM refused to give him a proper diagnosis or treatment. Inmate Ley had a stroke and was paralyzed on one side of his body and could not control his bladder. After he was stabilized at the hospital, he was brought back to CL and put into a housing unit in that condition. Eventually CL was unable to cope with an inmate in that condition, and KIMBALL was told the BOP made a deal and Ley was released from prison in that condition. KIMBALL told the OIG about other medical atrocities conducted at CL and that he had at least 50 names and reports written up that they could speak with. KIMBALL not only told the OIG agents how to find the deaths of inmates that were previously housed at CL, he had already supplied the OIG with many of the identities of the selected inmates the BOP deliberately refused to treat. The OIG agents appeared totally unconcerned about what happened to other inmates or the deaths which resulted. They seemed only interested in what happened to KIMBALL.
91. The OIG agents appeared totally uninterested when KIMBALL said he had proof due to the 2001 DOH hearings of the perjury by government agents, or the consistent constitutional rights violations prior and during his trial. When KIMBALL advised them of the fact KIMBALL firmly believed the judges were bought and paid for in his case, they appeared to already know that some judges are bought and paid for.
92. Oddly enough, the OIG investigators asked KIMBALL what he believed the charges should be against the government officials involved that pertained to him. KIMBALL told them in his opinion there clearly was obstruction of justice, cruel and inhumane treatment and attempted murder, among whatever other charges there may be.
93. KIMBALL did not reveal to the OIG agents everything that had transpired or all the information he held. However, he provided the identities of many individuals involved and the identities of government personnel who would testify and substantiate KIMBALL's accusations. KIMBALL didn't completely trust the OIG as they were investigating acts committed by employees of their own Justice Department. However, after the OIG agents left, KIMBALL did send them an affidavit from an orderly who witnesses some of the illegal and inhumane acts perpetrated against KIMBALL while he was in the hole at CL. Although all that this inmate witnessed was not included within his affidavit. About a month later, the OIG agents came back and interviewed the inmate and asked him to sign another affidavit. The agents faxed in a third affidavit for him to sign. Inmate Oscar Refuse, who was the orderly that witnessed some of the illegal acts was willing to take a polygraph or drug serum test as to what he witnessed and put in his affidavits. Also, KIMBALL did not tell the OIG about any sworn statements he had acquired from the inmates who were put in the hole, detailing their experiences of torture and inhumane treatment they were subjected to by the BOP, including refusing to provide their "bible" when they were told they would be killed in the hole.
94. Shortly after inmate Refuse signed the third affidavit, KIMBALL received a message that the OIG investigation was over. He was also told the rest of the investigation turned up nothing. KIMBALL knew that any report saying such a thing was a total fabrication and a lie. KIMBALL had given the OIG enough information, identities and documented proof to indict and convict quite a few people.
95. Shortly thereafter, KIMBALL was advised the OIG investigation was stopped and ordered whitewashed as high ups were involved in the inhumane treatment of BOP prisoners and the refusal of the BOP to provide proper medical care.
96. One declaration KIMBALL's outside sources are holding is a statement from one inmate witnessed by 4 people. The inmate states within his declaration that he is willing to take a professional polygraph or drug serum test as to every statement made within his declaration. He depicts the horrors he went through when he was put into the hole for over two months. It clearly depicts the fact the BOP knew he did nothing wrong, yet they threatened him with death. The BOP forced him to sign two documents refusing to allow the inmate to read them.
97. After KIMBALL arrived at the punishment prison in Yazoo City, he met other selected inmates who had filed serious legitimate legal actions against the BOP at CL and were placed in the hole for over 90 days, then shipped to Yazoo just as KIMBALL had been. Outside sources are holding the declarations of inmates who are willing to take a polygraph or drug serum test regarding their statements in their declarations. Both were put in the hole at CL and their legal documents tampered with and legal mail opened, some copied. Both received inhumane treatment while in the hole, one worse than the other.
98. While at Yazoo City, the BOP continued to refuse to treat KIMBALL's serious medical problems with his neck, shoulder and foot which has caused him to limp due to the actions of the BOP while he was in the hole at Coleman. The medical department at Yazoo City is very similar to that at CL and KIMBALL has written statements of selected inmates who receive, as he, no treatment for their serious medical afflictions. Very recently, January 1, 2003 inmate Benny Phillips, #38946-018, in his forties needlessly died at Yazoo due to deliberate medical neglect by Yazoo Medical (YM). KIMBALL was advised months ago Phillips was taken to an outside specialist to remove fluid from around his heart causing his serious pain and breathing problems that became life threatening. These same symptoms returned and for weeks Phillips sought medical help from YM to no avail. YM refused to send him out to a specialist or treat his already known medical problem. As late as December 31, 2002 Phillips went to YM begging for medical treatment. It was reported by a number of inmates that on December 31, 2002 Phillips said to YM, "what are you going to do, let me die?" YM's reply was "everyone has to die sometime" as he was sent back to his unit to die. Which is exactly what he did. Even more recently an inmate went to YM for serious pains in his arm and shoulder. He was told by a Physician's Assistant (PA) it could be signs of a heart problem. The PA told the inmate YM would not send him out for diagnosis of treatment as YM had no money. He would have to wait until March until the budget monies came in before the committee will send him out for treatment. The PA went on to tell the inmate that he may have to accept the fact that he may die at an early age as he sent him back to his unit.
99. For anyone to even think that there are any programs for rehabilitation of inmates within the BOP is sadly mistaken. Millions or billions of dollars of the public's money is claimed to be spent on such non-existent rehabilitation. It is claimed by staff and inmates that the BOP receives $2,500.00 for every non-educated inmate who takes the GED course for an equivalent high school diploma. The GED courses are taught, for the most part, by the inmates. KIMBALL overheard a staff member telling 2 inmates that completed the course, who could not pass the GED test twice, she would provide the answers for them. There are all kinds of courses available in prison, and most every one is taught by inmates, and are nothing less than a joke. Psychology classes are taught by inmates reading typed pages. Yet, the inmate receives a certificate of completion and it goes on their record of achievement within the BOP for public propaganda. For 2 cans of sardines, an inmate can purchase his attendance in these classes and receive his certificate without ever attending. Because the vast majority of the alleged educational programs to rehabilitate inmates are a farce within the BOP, the repeat offenders would be high. Many of the inmates in prison are little more than children. Some only 19 years old and have only sold drugs to make money. These kids that have 10-20 year sentences will have no chance at life when they get out. They will only be hardened by the BOP to be against the U.S. government and society in general. Interviews with these inmates ages 19 to 30 reveals the BOP totally failed to do anything to rehabilitate them, only generated a worse criminal when released. KIMBALL believes the vast majority do not even belong in prison. Most could be on drug rehabilitation programs, halfway houses and if given proper psychological guidance and schooling could be made productive members of society without any problem. Additionally, the drug/alcohol programs the BOP offers are a farce, except possibly the 9 month drug program that appears to have helped some inmates. At Coleman/Low prison KIMBALL was informed by the inmates attending the 9-month drug program, along with inmates that completed the program, that a requirement for completion was, you must agree to become a confidential informant and report any inmate you see breaking CL rules. If the inmate refused to be a snitch, the staff at Coleman would make sure one way or another the person never completed the drug program which involved a year and a half less in federal prison.
100. While at Yazoo City, KIMBALL received word that the Eleventh Circuit Court of Appeal had held an oral argument regarding KIMBALL's appeal. The transcript of the argument appeared to suggest KIMBALL won. The judges stated the Government was wrong. KIMBALL's friends and customers had donated the money and hired Michael Pasano to represent KIMBALL on appeal. KIMBALL was in shock, as KIMBALL firmly believed after reading the Eleventh Circuit Court of Appeal decisions, it seems that they were additionally bought and paid for. Now with Judge Wilson's influence, KIMBALL had a no win situation with his appeal. Pasano had filed an appeal which stated the "Gross Misconduct by Judge Lazzara" by blocking KIMBALL from a fair and impartial trial along with violating his Sixth Amendment Right to counsel and compulsory process for obtaining witnesses in his favor. When the decision came down in writing however, the Court of Appeals denied KIMBALL's appeal. Pasano sent communications to KIMBALL stating KIMBALL was right. That the Eleventh Circuit Court of Appeals decision went directly against the Supreme Court and their own decisions. Pasano went on to state I should have known the Eleventh Circuit would not go after their own. Meaning, condemn a fellow judge, in this case, Federal Judge Richard Lazzara. After all, Judge Lazzara may be appointed to the Eleventh Circuit Court of Appeals, the same as Charles Wilson was.
SUMMARY
101. The acts aforestated herein are presented as a summary of events that transpired with KIMBALL and others and are "NOT" representative of the multitude of illegal acts perpetrated by some government employees overall. Many of the specific acts against the BOP are set forth in the United States District Court, Southern District of Mississippi, Western Division as Case Numbers 5:02-cv-156-BrS, 5:02-cv-519-BrS, and 5:02-cv-544-BrS now pending before the Court, for whatever good that will do. Those, along with declarations, affidavits, tape recordings, videos and such are all being held by members of the trusted public to be released upon request, or at their individual discretion.
102. Put forth herein and within records held, is the fact that some government employees consistently violate a multitude of laws and rules which govern them, along with constitutional rights of public citizens in an effort to secure indictments and convictions. These government agents and employees who continually do this are criminals in themselves as they violate the law in their quest for a conviction, and where does it stop? It doesn't, it only perpetuates to out of control. The government agents most assuredly are not going to indict themselves for their violations of law, and they do not. Occasionally, when the person who is the recipient of the government agents illegal acts files a civil suit against the agency and/or the individuals themselves, such as KIMBALL did, the judges find the government agencies along with the individual agents personally immune from such lawsuits. Of course, the government with taxpayers' money supplies the attorneys for these unindicted criminals even when they are individually sued civilly by the public. In KIMBALL's case, the Eleventh Circuit Judges and Appellate Court found neither the government or its agents individually could be sued for their illegal acts. The Supreme Court "refused" to hear the issue.
103. As aforestated, for the most part, BOP proper medical treatment is non-existent. Any person placed in any BOP prison with any serious medical condition or chronic medical problem will be subject to cruel and abusive treatment, torture and in most all cases will be subject to a premature death solely due to the mistreatment of prisoners by their medical department. Most recently the BOP medical staff at Yazoo Federal Prison announced to Kimball and all inmates at Yazoo that they had an antibiotic resistant strain of staph bacteria present in Yazoo prison (also known as MRSA referenced herein in paragraph 18). The medical staff said the outbreak thus far was under 100 inmates infected. As Yazoo houses around 2,000 inmates (which is dramatically overcrowded) that's 5% of the population that has been infected so far. That sounds like an epidemic to Kimball and the numbers keep rising. This is the first time Kimball had heard of these resistant strains of staph being prevalent outside a hospital environment. There is no question that this MRSA is in the hole at Yazoo because all inmates that have MRSA or suspected of having it are illegally placed in the hole. Notwithstanding Kimball met an inmate who had just come to Yazoo, was placed in the hole immediately who contracted MRSA while in the hole. The BOP as standard operating procedures, places seriously ill patients in the hole in a consistent manner placing their lives in further danger. Kimball recently was seriously ill and was placed in the hole, along with another inmate awaiting an operation, when the BOP knew the MRSA bacteria was present there, further jeopardizing their lives. The BOP deliberately does this knowing it is a violation of their own policy and the Federal Code of Regulations (CFR), notwithstanding cruel and abusive treatment and a violation of human rights. 28 CFR § 541.41(C) and (c)(1) state in pertinent part that the warden MAY NOT refer an inmate for placement in a control unit if he has major physical disabilities as documented with a physical examination. The BOP knows it all the way down to the PA's who admitted it to KIMBALL. Some judges know it and condone it by refusing to even help when they are advised an inmate is dying, notwithstanding judges sentencing first or second time offenders of non-violent crimes with serious medical afflictions into the BOP to be mistreated, tortured and some dying, away from their families. The BOP goes as far as deterring any inmate with a serious medical problem from even going to their medical department for treatment by putting the seriously ill in the hole immediately, which is totally against the laws, rules and regulations. Punishment for even asking for medical treatment is standard operating procedure in the BOP. The laws, rules and regulations which govern the BOP are nothing more than words on a piece of paper and propaganda for the public as the BOP laughs at them as if they were a joke, knowing they are untouchable by anyone. As in KIMBALL's case, prosecutors consistently lied to judges not only in their written filings with the Court, but in oral argument before the Court. Most judges could care less, even though they know perfectly well, as they were attorney's themselves, that lying before the Court is prohibited under their code of ethics. As in KIMBALL's case, prosecutors deliberately disobeyed court orders, and most judges will do nothing. However, if the accused even appears to disobey a court order he is placed in jail. As in KIMBALL's case, when the prosecutors knowingly lied to a jury to prejudice them, notwithstanding lying directly against expert testimony presented to the contrary, that's okay too. As in KIMBALL's case, when government witnesses and agents committed perjury, including a probation officer, that's just fine with many judges also. However, if KIMBALL lied, or any of his witnesses, they would be in contempt of court and more than likely be put in jail. After all, federal Judge Lazzara perceives himself as a DEMIGOD destined for a life of DEMIGODHOOD as he cannot be fired for allegedly doing his job. Judge Lazzara, sitting on his DEMIGOD throne in a devil's black robe, told KIMBALL in Court he was a liar and a millionaire and he was going to make an example of him. KIMBALL wonders if Judge Lazzara would be willing to take a drug serum test about KIMBALL's case and his own background. KIMBALL thinks not, however, KIMBALL will! Judge Lazzara's prejudice against KIMBALL was revealed long after KIMBALL's imprisonment. In the DOH hearings, Judge Lazzara allowed Bradley Vaughn, KIMBALL's probation officer who allegedly made up and submitted KIMBALL's Pre-Sentencing Report (PSI) to testify against KIMBALL at the hearings. Mr. Vaughn made sure he did not bring the PSI report that his superior signed, as it was full of lies. Both Judge Lazzara and Mr. Vaughn knew that, and that the lies would discredit Vaughn. KIMBALL subpoenaed Mr. Vaughn to testify for KIMBALL's defense so he could prove not only the lies within the PSI report, but the fact that Mr. Vaughn never even wrote the PSI report. Judge Lazzara refused to allow Mr. Vaughn to appear, and issued an order that Vaughn would not comply with KIMBALL's subpoena to appear at the hearings.
104. As in KIMBALL's case, the BOP is a very serious farce, violating their own rules, federal codes, constitutional rights, inflicting cruel, abusive and inhumane treatment to inmates hundreds of times a day, everyday. As pointed out herein, the BOP is part of the justice system as are the federal prosecutors, and the OIG. The Justice System herein referred to as The Department of Justice and the Judiciary (DOJJ). The question is: Who are the higher ups who stopped the OIG investigation into the inhumane treatment and serious lack of medical care which causes the needless suffering and death of the inmates in a consistent manner? Surely Katherine Hawk Sawyer would know as she is head of the BOP. And, who stopped the OIG investigation, surely Steve Hunter and Greg Lowther of the OIG know, as do the higher ups in the Department of Justice.
CONCLUSION
105. The American DOJJ is out of control and, in far too many instances, corrupt. The DOJJ has evolved over the years to such heights in power that some of its employees of that department run the country. Not our elected officials and, for the most part, not the President. The DOJJ in recent times makes its own laws and does not abide, at all, by the laws passed by the elected officials who represent the good people of this country. Nor does the DOJJ adhere to the laws set forth by our forefathers when they declared the Bill of Rights and formed the U.S. Constitution, with subsequent amendments.
106. Over the past 30 some odd years, new laws of the land have evolved over the people of the United States under the guise of Precedent Laws. In recent times, even a newer version of laws are taking place under the guise of Intent Laws. Under Precedent Law, the appellate courts and supreme court make the decision as to what the legislature is saying in a law and too many times the courts decisions go against what the legislature wanted and stated for U.S. citizens of our country. The court twists around what the legislature passed on a case by case basis until they have designed it to fit what they want it to say. Once this is accomplished, the law the legislature passed no longer exists for them and the courts only follow the law the appellate courts and supreme court have now formed from previous manipulated decisions. Many of the precedent appellate court decisions go directly against each citizen's constitutional rights and the Bill of Rights and the letter of the law passed.
107. Under "intent and intent of the law" the appellate courts have yet made another bold step to undermine the form of government our forefathers bestowed upon us, by removing our representatives in the legislature, and the power of the individual vote. Under intent of the law the appellate courts now determine what was in the minds of the legislature when they passed the law in the first place. It appears the appellate courts have now become mind readers designing laws as they see fit, forming a decision based on "their" determination of what's in the minds of the legislators setting up their precedent law for all the courts to follow.
108. For the most part, it appears the courts have eliminated the form of government our forefathers initiated while using our legislative representatives as puppets. Currently, when the House, Senate and President enact a law by and for the people, its only a proposed law subject to change by the appellate courts as they read the minds of all and decipher the wording to their criteria. Representation by the people has all but disappeared.
109. The courts protect themselves by declaring absolute immunity while they are appointed a lifetime job as absolute rulers over the citizens of the United States as they reign over "their" courtroom. Most are awaiting an appointment to a higher throne on an appellate court so they can design the laws they are supposed to adhere to as federal judges. The judges are absolute rulers in their courtrooms, employed by the Justice System, protect their own with immunity for the prosecuting attorneys. The prosecuting attorneys work with federal judges daily and have the courts pass on the immunity to the government agents. The prosecutors additionally protect all the government agents they work with by refusing to prosecute them when they violate the laws, allegedly in hot pursuit of an alleged criminal. Some judges also respond to protect the government agent when the citizen files a civil suit against the agent due to the fact the prosecutor refused to file criminal charges against the agent for his criminal acts against the citizen. Some judges simply declare the agent immune and the civil suit is dismissed.
110. Some judges and prosecutors go much farther with people employed within the DOJJ such as BOP personnel. It would be fair to say that prosecutors and the OIG investigate and prosecute one person in ten thousand for their continued cruel and abusive treatment of prisoners. Then when convicted the penalties are close to non-existent. Some judges are exceedingly bias if an employee of the DOJ is convicted when it comes to sentencing. A judge will throw away a young mans life, family and children by giving a drug dealer 25 years in prison for a non-violent crime. On the other hand, a guard who beats an inmate almost to death may receive a suspended sentence.
111. What the DOJJ has accomplished in recent years is to create the laws for certain of our U.S. citizens, but not for other certain citizens. You could say equal justice under the law is a myth.
112. The people who control the power in the Justice System are "attorneys". Some of the attorneys become judges and some of the judges receive appointments to the appellate courts. However, in the case of KIMBALL and Charles A. Wilson, Wilson never became a federal judge, he was only a magistrate judge who did not receive a lifetime position. Wilson then became a U.S. Prosecuting Attorney and then leaped directly into a lifetime position as an Eleventh Circuit Appellate Court judge by passing the federal judge criteria. It appears to me some very serious strings were pulled for Mr. Wilson, especially when a grand jury agreed to investigate Wilson until it disbanded in 1998.
113. KIMBALL firmly believes that to correct the DOJJ could be accomplished swiftly and very effectively if such desire existed to do so. The very first thing Congress could do, is pass a law immediately which states that if the public was not harmed and suffered no financial loss there is no crime and make the law retroactive up to 20 years. Simply put, NO HARM, NO LOSS, NO CRIME. This would release thousands of inmates and estop the DOJJ from putting the innocent public in prisons on contrived charges. KIMBALL proposes the following concepts for adoption in law:
(1) Revise and enforce the perjury laws to clearly state: That anyone who knowingly states untruths before the Federal Court, whether in writing or orally, whether under oath or not, if found guilty, shall be imprisoned for no less than 1 year for each offense to run consecutively. No person shall enjoy immunity from perjury, either criminally nor civilly. This would tend to stop innocent people from being wrongly convicted on contrived charges based upon untruths, which are running ramped in the courtrooms across the United States. Additionally, this would drop the Federal case load by over 50% as it is estimated that well over 50% of the criminal and civil cases now pending before the Federal Court comprise of one or more untruths. Thou shall not bear false witness against thy neighbor should never have been compromised by any court and allowed to evolve to be common practice as it is today.
(2) Pass a law which clearly states; that any law in full or in part which contradicts any other law in full or in part shall render such contradictory law in full or in part null and void and unenforceable until such time as the legislature has amended such laws in full or in part not to be contradictory.
(3) Pass a law which clearly states, that no Federal employee shall be afforded a lifetime position with the Federal Government and any government employee currently holding such a lifetime position, shall no longer hold such a position as of the enactment of this law.
(4) Pass a law which clearly states that Federal judges at all levels must strictly adhere to the constitutional rights of every person. That judges must adhere to the letter of the law set forth within the U.S. Constitution and its amendments and all laws passed by the legislature before any precedent law may be considered. Federal judges may not consider intent of the law unless such intent is specific and clearly spelled out within the law the legislature passed, of, by and for the people of the United States of America. Further at sentencing of any person who has been found guilty by a jury for certain offenses, no judge shall be allowed to enhance the amount of years the person may be imprisoned unless the specific issue that the person is being enhanced for was brought forth before the jury, and found guilty by the jury of the enhancement. Notwithstanding, the enhancement must be specifically alleged within the indictment. Failure for any judge to adhere to the aforestated herein is cause for dismissal, and/or criminal action and/or civil legal action to be taken against them. If civil actions are implemented for violations of this law the Government may provide counsel only to the extent of filing a motion to dismiss as to the civil action being frivolous and the appeal of such, applicable, only should the defendant prevail.
(5) Pass a law that clearly states, that no Federal employee is immune from civil legal action for acts that occurred during their employment, if their acts violated the Code of Federal Regulations (CFR) in which the employee was bound to adhere to. Nor is the Federal employee immune from civil legal action for the deprivation of constitutional rights of another person. If civil actions are implemented for violations of this law against any individual employee of the Government, the Government may provide counsel only to the extent of filing a motion to dismiss as to the civil action being frivolous and the appeal of such, applicable only should the defendant prevail.
(6) Pass a law which clearly states, that no person shall be prosecuted for a violation of law in which any Government employee participated in or in any way orchestrated. Further, no person shall be prosecuted on the word of another who has been known to give false statements. Nor may any person be prosecuted under conspiracy except in cases of terrorism against the People of the United States of America.
The enactment of the aforestated law would not only release thousands of innocent victims of the DOJJ currently imprisoned, it would take the power away from the DOJJ running the United States by placing the power back in The Hands Of The People, via the Legislature. Additionally, such law enactment would eliminate hundreds, if not thousands of conflicting laws, rules, and regulations, unconstitutional laws, along with misconstrued precedent and intent laws currently being adhered to by the Federal courts across the United States. Foremost such law, re-establishes the public's constitutional rights, while saving the US taxpayers tens of billions of dollars in the process.
COMMENT
There are two ways a country can be destroyed. From without and within.
DESTRUCTION FROM WITHIN
114. With regard to the BOP/DOJ lack of medical treatment can be quickly solved. All first and second time offenders of non-violent crimes with serious or chronic medical afflictions causing no physical harm to anyone should be sentenced by federal judges to home confinement, not to torture or a death sentence at the hands of BOP medical. All chronically ill or seriously ill inmates within the BOP either not being currently treated or improperly treated, should be immediately released to home confinement for the rest of their sentences if they are first or second time offenders of non-violent crimes. In home confinement, each inmate pays for his own medical treatment and naturally receives humane treatment. This alone would save the federal government billions of dollars and remove the torture, cruel and abusive treatment and needless deaths of inmates at the hands of BOP medical currently ongoing. In a GAO report in 1993, the General Accounting Office stated that the BOP's best medical facilities caused needless death of inmates. The BOP stated they would get better. The truth is, the BOP medical got worse. The BOP prisons are so overcrowded with conjured convictions that inmates are sleeping on cots in TV rooms and in the hallways. The legislature needs to "immediately" institute parole which was abolished over 15 years ago. Parole should be available immediately to every inmate in prison who caused no public injury or harm to the public. Parole should be available to "all" persons convicted for a first time offense of a non-violent crime once they serve 20% of their sentence. Ease of parole for non-violent offenders will release many innocent victimized people from prison who will never fall victim again. Even with all that, the BOP flatly refuses to release inmates to home confinement or release foreign inmates to return to their own countries to serve out their sentences. The foreign inmates they refused to release told KIMBALL the crime they were imprisoned for in the United States isn't even a crime at all in their country. Many were from England and Canada. The BOP/DOJ would rather keep the inmates in prison doling out cruel and abusive treatment at will, than to give them another chance at being a productive citizen. The DOJ propaganda is that over 30% of all prisoners released return back to prison. KIMBALL believes that is only because the DOJ is geared to put them back in prison via no rehabilitation and conjured up charges as put forth herein. Putting a seriously ill person back in prison because he went hunting for his food or another seriously ill person back in prison because he failed to report traffic tickets to his parole officer is ludicrous. Our forefathers gave their lives for their sons and daughters to be brought up in a free country. Free from injustice, over taxation with the assurance of life, liberty, freedom of speech, and freedom of religion among many assurances set forth within our Constitution; and its first ten Amendments depicted as the Bill of Rights, incorporated in 1791.
115. The First Amendment states Congress shall make no law abridging the freedom of speech or of the press and to petition the Federal Government for a redress of grievances. A. The appellate courts determined years ago that freedom of speech did not exist. As one example, they invented a new term, commercial speech, and found that commercial speech could be regulated and restricted by federal government agencies, such as the FDA. The Supreme Court ruled that any product which carries any truthful medicinal claim is a drug and to sell such with a medicinal claim would require FDA approval. If any U.S. citizen were to sell a product with a "truthful" medicinal claim, without FDA authorization, the person is subject to prison. As an example, a person sells water to prevent dehydration, the person can now be put in prison for selling a drug without FDA approval. That answer was given under oath by an expert witness in FDA law in KIMBALL's cases. The agent additionally testified if you even thought a product would have medicinal benefits it would be a violation of law, which naturally would put the person in prison.
116. Truthful words, even thoughts, can put a person in prison for a violation of FDA law says one of their expert witnesses under oath. KIMBALL and others would never have been convicted if it weren't for the fact that the Supreme Court thumbed its nose at the Constitution. They determined truthful words can violate the federal laws of the United States, as they condoned the term "Commercial Speech" to circumvent people's First Amendment rights to freedom of speech.
117. Freedom of the press is a thing of the past as the FDA agents have gone as far as burning books to stop medical information from reaching the U.S. public. Newspapers have been raided by federal government agents confiscating everything in sight.
118. The right to petition the federal government for a redress of grievances is non-existent as KIMBALL and others have petitioned the federal government so many times there are too many violations of that right to list. As an example herein, the failure of the FDA to adhere to the First Amendment and address KIMBALL's petition in 1991, which by their own law, they must address, but refused to do so, is what lead KIMBALL to an indictment and conviction in 2000.
119. The Fifth Amendment states a person shall not be deprived of life, liberty or property without due process of law. Many federal government agents, prosecutors and federal judges consistently violate due process to the degree actual due process is nearly non-existent to any citizen of the United States. Due process is spelled out in the Constitution and is spelled out in every single rule and regulation which governs the actions of every federal and state agency employee. The Constitution clearly states every person may not be deprived of life, liberty or property without due process of law. Who decides whether due process is adhered to? Federal Judges? And who makes sure the federal judges follow the Fifth Amendment rights of due process of law for each person? "No one"!
120. Most every state and federal agency has its own rules and regulations for its employees to follow as well as the public. In the case of federal government agencies, each employee "must" follow the rules and regulations of their agency which, some do not. The rules and regulations set forth for the federal government agencies and their employees are made part of the Code of Federal Regulations. The DOJJ and some federal judges have their own rules and code of ethics, however, they answer only to themselves each time they violate them. The federal judges first rule is to protect each person from violations of the U.S. Constitution and its Amendments. This before they examine laws passed by the legislature and the regulations of any agency.
121. The clear fact is, the courts have set up their own laws under "Precedent Law" and "Intent Law" many of which are against the written law by the legislature and of the Constitution. Many federal judges constantly violate the accused's Constitutional Rights, while totally forgiving the federal government employees outrageous violations of the accused's constitutional rights in apprehending the person. KIMBALL's case is just one perfect example of the hundreds of cases a day being heard by federal judges where the constitutional rights of the accused may not exist within many courtrooms in the United States.
122. KIMBALL does not believe that "all" federal judges are prejudiced and bias in favor of federal government agents. Or that all federal government employees violate the accused's constitutional rights, or are bought and paid for by outside influence and money. KIMBALL does believe, and the proof lies everywhere, that some of the federal judges are, and it's only the very small minority, that protect the public's rights in an unbiased manner. State court judges appear to protect the public's constitutional rights and interest to a much higher degree than the majority of the federal judges do. The vast majority of state judges appear not to be bias, in fact in one of KIMBALL's cases, a state court judge wrote a lengthy decision in part explaining why the entry in the KIMBALL's home by Florida State agents accompanied by federal agents confiscating items for the State of Florida without a separate warrant would be a violation of KIMBALL's constitutional rights. However, when KIMBALL brought that exact issue before federal Judge Lazzara in the 11th Cir Court of Appeals both stated the searches were not a violation of constitutional rights.
123. In KIMBALL's case, it was not the fact that the court stated KIMBALL did not qualify for a court appointed attorney, or the fact that federal Judge Lazzara acted as a third prosecutor, or refused to allow the evidence in KIMBALL's favor, or disallow any testimony of federal government or prosecutorial violations of law, or the many other inherent rights KIMBALL had as a defendant. The most egregious acts federal Judge Lazzara committed was to violate the clear wording of the Sixth Amendment to the U.S. Constitution which requires absolutely no legal interpretation by any attorney or federal judge. The Sixth Amendment states the accused shall enjoy the "right" to have the assistance of counsel for his defense. Federal Judge Lazzara flatly "refused" to allow KIMBALL "assistance of counsel" for his defense, either appointed or KIMBALL's corporate attorney Mr. Dunn. Worse, in the same breath, approving the prosecuting attorney's request for assistant counsel. That was a wanton and blatant act which the Eleventh Circuit Court of Appeals said was fine and dandy for federal Judge Lazzara to do.
124. The other egregious acts federal Judge Lazzara committed was to again violate the clear wording of the Sixth Amendment which states the accused shall enjoy the right to have compulsory process for obtaining witnesses in his favor. Not only did federal Judge Lazzara refuse to allow KIMBALL's named federal government witnesses to appear in his favor, federal Judge Lazzara allowed AUSA Rubinstein to dictate which witness the FDA would produce, which was "not" the witness KIMBALL had requested. Notwithstanding, disqualifying, chemist and scientific researcher Steven Fowkes from California a key expert witness of KIMBALL's from testifying, then allowing key federal government witnesses to testify as experts who testified to the exact same analysis for their conclusions that KIMBALL's expert was disqualified for. Federal Judge Lazzara at KIMBALL's sentencing now declared himself judge, jury, and executioner as he in collaboration with prosecutor Rubinstein found KIMBALL guilty of charges never brought before a jury and added many more years to KIMBALL's sentence burning the Sixth Amendment to the U.S. Constitution along with KIMBALL's request to be tried by a jury. This act, and all the other acts of constitutional rights violations, were condoned by the federal judges on the Eleventh Circuit Court of Appeals.
125. The flagrant acts of constitutional rights violations against KIMBALL by some federal judges within the middle district and appellate court is not an isolated case by any means of the imagination. This sort of activity by some federal judges gained momentum in the 1970's totally out of control by the 1990's and is currently practiced by courts coast to coast. What is practiced by many federal judges in their courtroom was taught to them by a higher echelon of justices serving on the Federal Sentencing Guidelines Commission. The sentencing commission suggests to the federal judges, that it is correct after a person is found guilty by a jury on certain charges for the federal judges to decide the guilt or innocence of a person on new charges brought up after the jury has been dismissed. The jury is dismissed just prior to sentencing by all federal judges as in KIMBALL's case. These new charges which the jury never heard nor was the person even found guilty of by the jury are only for the federal judge to decide as some federal judges enhance a person's sentence, five, ten or fifteen years or more in prison. This is exactly what happened in KIMBALL's case and in thousands of others across the U.S. This is blatant violation of peoples' rights to be tried by a jury, as condoned by the appellate courts in the highest tribunal; the Supreme Court. KIMBALL had requested a trial by jury; however, at KIMBALL's sentencing federal Judge Lazzara refused to honor KIMBALL's request and found KIMBALL guilty of a number of new charges and added many more years to KIMBALL's sentence. Federal Judge Lazzara, on his own, even double counted the years added to KIMBALL's sentence totally condoned by the higher 11th Cir Court of Appeals. As aforestated within, federal Judge Lazzara told KIMBALL, KIMBALL didn't respect the law and he, Lazzara, was going to make an example of KIMBALL adding many years to KIMBALL's contrived guilty verdict. Federal Judge Lazzara found KIMBALL guilty of acts which were not stated in his indictment, not heard or decided by the jury he requested. Federal Judge Lazzara was the one guilty of reflecting absolutely no respect for the laws, the Constitution or human rights which governs his actions as with the 11th Cir Court of Appeals judges that stated federal Judge Lazzara's actions were just fine and dandy. There are many of federal Judge Lazzaras in our courtrooms across the United States violating the Constitutional rights of the public daily, while the public sits by and does nothing. In a moment of sincerity and honesty the highest ranking justice of all, Chief Justice Rehnquist, reigning over the Supreme Court, clearly stated in recent years while addressing a coalition of prominence and Legislature , "there are only 3 charges that can be brought against any U.S. citizen by the Federal Government: they are TREASON, COUNTERFITTING, and PIRACY." All other charges must be brought by each state individually NOT by the Federal Government. Rehnquist in essence was condemning the illegal Federal Government's largest police force in the world. Also, in his speech he condemned unethical prosecuting attorneys. It's too bad Chief Justice Rehnquist after his speech a few years ago didn't set into practice what he preached, instead of illegally enslaving tens of thousands more citizens in Federal prisons at the whim of the DOJJ.
126. As aforestated, for the most part, the federal prosecutors control the federal government investigators, who lie in pursuit of a conviction, as do some prosecutors. Some prosecutors pay off their informants in money or no prosecution or both. Many informants and undercover operatives in turn lie in pursuit of a conviction. The prosecutors, federal judges, BOP and the OIG are all controlled by the Department of Justice, hereinafter referred to as "DOJJ". The DOJJ controls the laws of the people put forth by the legislators by shaping them to fit their needs via the federal judges using precedent and intent law. The DOJ and their affiliated agents then pick the people for the prosecutors to go after. The prosecutors call up their little army of federal government agents, confidential informants, and undercover operatives and get their target to bring before the federal judge and the target never has a chance. The conviction rate of the Justice Department boasts in over 95%. If there is no crime the target is committing, or has committed, the DOJ with all the resources afforded this huge department will create the crime for the target to have committed, via entrapment, or in some cases pure invention. If even that doesn't work, they have the power to set up the target with planted evidence via their operatives or agents.
127. Once convicted, the DOJJ has control over the U.S. Marshals and the BOP to inflict inhumane treatment on selected prisoners, which they currently do as stated herein. The convicted person has no where to go for justice for their inhumane treatment and constitutional rights violations perpetrated against them by the BOP/DOJJ except to the court. Right back in hands of the DOJJ who put them there in the first place. The legislative representatives of the people, by the people and for the people are powerless to do anything to correct any unjust conviction and subsequent inhumane treatment, as reflected herein. Two branches of government; the Executive and the Judiciary Branch, formed a coalition amongst themselves and discarded the Legislative Branch of the Government, Of the People, By the People, and For the People.
128. For the most part, the DOJJ has not protected the rights of the people for many years, however, it has gone far out of its way to protect its own, while discarding the public citizen into "their" prisons at will, and without remorse. The Idaho Observer reported that one out of every 35 people within the United States either has been in jail, prison or on parole or probation and the numbers are climbing.
129. As the DOJJ has taken over the legislature and all but eliminated the constitution, the legislative representatives may as well go home, and take with them what their forefathers fought and died for.
130. Who are the people that stopped the OIG investigation when it was revealing needless death and suffering at the hands of the BOP medical, along with inhumane treatment of inmates by BOP personnel.
131. That's a question for the legislators and President to find out. The DOJ was ordered by someone to halt the KIMBALL investigation and whitewash it. Their investigators were obviously getting much to close to finding out who were the responsible parties. They also must have been close to finding out who was responsible for ordering the inhumane treatment and egregious violations of the BOP's rules and regulations and the constitutional rights of KIMBALL and other prisoners.
132. What people, entity or entities controls the actions of the DOJJ which, in turn, currently controls the people of the United States? Chosen lawyers couldn't have put all this together by themselves and systematically evolved to the Supreme Power to control all persons in the United States.
133. KIMBALL firmly believes the answers and evidence all lie within KIMBALL's legal actions and thousands of others over the last 10 years. With KIMBALL and DEDI, everything started with the influence of Somerset Pharmaceuticals which was nothing but a paper company with 100% of its stock owned by other pharmaceutical companies, Mylan and such. Mylan, Bolar and Watson Pharmaceuticals are affiliated with other pharmaceutical companies which are affiliated to others, to form a union called the Pharmaceutical Industry. KIMBALL believes that Pharmaceutical Cartel ("PC") is the correct name for this union. This PC appointed Dana Barnett, President of Somerset and Vice-President of Mylan, in charge of getting rid of KIMBALL and DEDI, et al. Barnett quite obviously worshiped money over human life, which far too many people do in high places. As aforestated, the early acts of Barnett are depicted in actual written correspondence between all the conspirators on www.Liquid-Deprenyl.com under Conspiracy. The PC never stopped until KIMBALL was put in prison. Testimony to the fact Barnett was still hard at work 10 years after he first instigated KIMBALL's first illegal arrest which came out in testimony in the 2001 DOH hearings.
134. There is no question in KIMBALL's mind that Big Business controls much of what goes on in our DOJJ which, in turn, controls the lives of the people in the United States. The PC is quite obviously one cartel, which controls most of the DOJJ. How many other industries and individuals behind the industries, or cartels, are pulling the DOJJ's strings? That's for the legislature to find out before they are powerless to do so at the hands of the DOJJ. It may already be too late.
135. It appears to KIMBALL that the DOJJ has slipped in as a 4th political party and has taken over without ever acquiring one single vote. This kind of activity appears to be very similar to the type of activity which took place in Germany in the 1930's.
136. As aforestated, our forefathers gave their lives for us to have life, liberty and freedom. As those rights have all but been removed. That removal shall surely be the destruction of our nation from within. KIMBALL has donated his life to the restoration of our constitutional rights and the right to life and liberty as set forth in our Bill of Rights.
137. KIMBALL foresaw what was happening by the DOJJ in 1999. And was putting together a nationwide class action lawsuit against the illegal acts perpetrated by some federal government employees. The federal government employees with the DOJJ knew KIMBALL was putting together the class action lawsuit via "Louis Smith", the confidential informant in KIMBALL's legal department. KIMBALL received his indictment after the letter went out to some of his customers. KIMBALL had already received participants willing to participate in the proposed lawsuit put forth in the following letter.
DISCOVERY
EXPERIMENTAL & DEVELOPMENT, INC.
PHARMACEUTICAL MFG. DIVISION
29949 S.R. 54 WEST, WESLEY CHAPEL, FL 33543
TEL. (813) 973-7200 FAX (813) 973-7002
July 23, 1999
Dear Concerned Citizen:
As you may be aware, the FDA initiated another raid (search and seizure) at Discovery Experimental and Development, Inc. (DEDI) in Wesley Chapel, Florida on July 2, 1999. Once again, the FDA confiscated all deprenyl (selegiline) products, research notes, customer monies, and thousands of pages of documents. Included in the documents seized were originals and copies of books and publications which are protected under the First Amendment. This is the fifth time since 1993, that FDA personnel, in conjunction with other government personnel, orchestrated a raid upon DEDI's premises in an all out effort to stop the public from acquiring Liquid Deprenyl Citrate (LDC), or information about the product via DEDI's publications.
The government people that participate in these raids know exactly what LDC is, and its benefits to mankind, yet deliberately continue to perform these premeditated acts against humanity by doing everything within their power to put DEDI out of business, and in the process restrict the publics' right to purchase such a product, or even the knowledge that such a product exists.
Most of you may not know that in many cases the government agencies and their individual agents are not only granted immunity from these malicious acts by our illustrious court system, but also are immune from paying for any of the damage caused by a raid, including their theft of the public's monies. Furthermore, the agents never return the money, even when ordered to do so by the federal courts. We know, as we have witnessed and have proof of all of these acts. So far, not even the Supreme Court has listened.
The attachment to this letter spells out the type of immunity granted to most all government personnel, which puts every citizen of this country in jeopardy should government personnel, at their discretion, choose to abuse their powers against any citizen or company in this country. Number 9 is the most sickening of all of the immunities granted by the appellate courts and the Supreme Court. Of course, the judges of the appellate courts and the Supreme Court have themselves been in the past government agents, attorneys, and prosecutors.
INNOVATOR OF PHARMACEUTICALS AND FINE CHEMICALS FOR THE 21ST CENTURY
The purpose of this letter is to not only inform you about the continuing efforts by our government against DEDI and others, but to also enlighten you about the effects that these government efforts are having against the citizens of this country. Simply put, these continuing efforts have resulted in wrongful acts against humanity.
As our government personnel refuse to criminally prosecute themselves for their inhumane acts, just maybe the people of this country can; that is if we still are a country of the people. DEDI is hoping that you will be interested in helping us initiate a class action suit against the individual employees of the government agencies who are responsible for these ongoing and continuing wrongful acts against humanity, including the prosecuting attorneys and judges who either actively participate or who simply look the other way with indifference.
If our tightly controlled court system finds the individuals immune from civil prosecution for these wrongful acts against humanity, then that court decision would be tantamount to condoning murder by our federal and state government personnel, and send a hard, cold message to our citizens to beware of all government officials as the rights handed down by our forefathers have now become myths, as has always been the case with the expression "equal justice under the law".
If you or any one you know wish to participate in this class action lawsuit, please contact DEDI in writing at your earliest convenience, as we are currently putting together a network across the country of ethical attorneys to handle this civil action.
The cost for this legal action per participant is $50.00, and checks are to be made out to DEDI (Legal Class Action Fund). All proceeds will go directly to the class action complaint against government employees for wrongful acts against humanity. Remuneration derived from this class action suit will be equally divided among the participants, without any deduction for attorneys fees.
Sincerely,
(SIGNATURE ON FILE)
James T. Kimball, President
Discovery Experimental and
Development, Inc.; ASTAK, Inc.;
Global Health Information and
Medical Research Institute, Inc.
(A non-profit organization)
Attachment
DISCOVERY
EXPERIMENTAL & DEVELOPMENT, INC.
PHARMACEUTICAL MFG. DIVISION
29949 S.R. 54 WEST, WESLEY CHAPEL, FL 33543
TEL. (813) 973-7200 FAX (813) 973-7002
General Immunity Pertaining to Prosecutors, Judges
and Government Agents
1. Prosecutor may violate civil rights in initiating prosecution and presenting case - United States Supreme Court in Imbler v. Pachtman, 424 U.S. 409 (1976)
2. Immunity extends to all activities closely associated with litigation or potential litigation - Second Circuit Federal Court of Appeal in Davis v. Grusemeyer, 996 F.2d 617 (1993)
3. Prosecutor may knowingly use false testimony and suppress evidence - United States Supreme Court in Imbler v. Pachtman, 424 U.S. 409 (1976)
4. Prosecutor may file charges without any investigation - Eighth Circuit Federal Court of Appeal in Myers v. Morris, 810 F.2d 1337 (1986)
5. Prosecutor may file charges outside of his jurisdiction - Eighth Circuit Federal Court of appeal in Myers v. Morris, 810 F.2d 1337 (1986)
6. Prosecutor may knowingly offer perjured testimony - Ninth Circuit Federal Court of Appeal in Jones v. Shankland, 800 F.2d 1310 (1987)
7. Prosecutor can suppress exculpatory evidence - Fifth Circuit Federal Court of Appeal in Henzel v. Gertstein, 608 F.2d 654 (1979)
8. Prosecutors are immune from lawsuit for conspiring with judges to determine outcome of judicial proceedings - Ninth Circuit Federal Court of Appeal in Ashelman v. Pope, 793 F.2d 1072 (1986)
9. Prosecutor may knowingly file charges against innocent persons for a crime that never occurred - Tenth Circuit Federal Court of Appeal in Norton v. Liddell, 620 F.2d 1375 (1980)
This is what the United States calls "Equal Justice under the Law"
Researched by:
Discovery Experimental & Development, Inc.
INNOVATOR
OF PHARMACEUTICALS AND FINE CHEMICALS
FOR THE 21ST CENTURY
Concerned federal Government officials in high political positions should heed the words of previous noteworthy individuals BEFORE IT'S TOO LATE TO HEED THEM AT ALL.
Marcus Tallius Cicero - Roman Orator, Poet, Statesman - 43 B.C.:
"The more laws, the less justice"
Sir William Blackstone - English Writer on Law - Laws of England 1765:
"It is better ten guilty persons escape than one innocent suffer"
Thomas Jefferson - 3rd President of the United States - 1743-1826:
"Experience hath shown, that even under the best forms of government those entrusted with power have, in time, and by slow operation, perverted it into tyranny"
Thomas Jefferson - Sayings found among his papers - 1826:
(1) "Resistance to tyrants is obedience to God"
(2) "A society that will trade a little liberty for a little order will deserve neither and lose both"
Inscribed on Thomas Jefferson Memorial in Washington, D.C. - 1826:
I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man.
Ninth Circuit Justice Levanthal - 1988:
"If the government, police and prosecutors could always be trusted to do the right thing, there would have never been a need for the Bill of Rights" (U.S. vs. U.S. District Court for the Central District of California, 858 F2d 534) 9th Cir. 1988
Before the United States government preaches to foreign countries on the necessities of Human Rights and Justice, it needs to clean its own house first.
DESTRUCTION FROM WITHOUT
138. Destruction from without is far closer than most can imagine. The people in the know are fully aware of just how close we really are.
139. KIMBALL's uncle, Royale Weller, was a nuclear physicist and was one of the scientists who helped develop the atom bomb, hydrogen bomb and cobalt bomb. As he was one of the federal government's top scientists, he was restricted to what he could tell KIMBALL about his work. As the years went by KIMBALL and his uncle would speak about the varying kinds of nuclear energy he created. Mr. Weller would defend the development of such mass destruction as a deterrent to war.
140. The last time KIMBALL spoke to his uncle, he was in bed dying of exposure to the radiation he was subject to over the years with his work. For the first time his uncle opened up to KIMBALL and revealed information regarding the types of energy he and his colleagues had developed in descriptive form and the devastating effects attributed to its development upon life on our planet.
141. Also, for the first time, Mr. Weller admitted he had been absolutely wrong all these years about his work and the development of nuclear energy. There was no question in KIMBALL's mind as his uncle spoke to him for the last time, that he was extremely remorseful about ever having assisted in the development of nuclear energy. He stated to KIMBALL it was the worst thing ever developed by man and it will destroy mankind. Mr. Weller explained to KIMBALL that the nuclear weapons which he helped create were so powerful that it would be impossible to survive even an exceedingly small limited nuclear conflict and the reasons why. His uncle went on to explain how small these powerful nuclear weapons have become and how every nation in the world is vulnerable to attack without any warning whatsoever.
142. The most devastating thing that Mr. Weller explained in detail to KIMBALL, was the fact that how and why certain nuclear devices he helped create strategically placed and ignited would destroy every "molecule on earth". KIMBALL, knowing that meant the extinction of earth from the solar system, he asked his uncle one final question. Are those nuclear devices strategically placed now? Mr. Weller replied to KIMBALL "that's top secret".
143. KIMBALL wonders what DEMIGOD or group of DEMIGODS are sitting next to the button that can eliminate our world, and who would have authorized such a destructive mechanism to be set in place.
144. Unlike the atheists of the world, KIMBALL believes in a "Higher Authority" and has more than ample reason to believe so. We were endowed as humans with the ability to think, reason and decide for ourselves our destiny. We have been additionally endowed with all the materials to create, protect or destroy. For the most part, we have protected nothing, destroyed much, while creating materials that are capable of not only eliminating life on this planet, but eliminating the planet itself with all its creations.
145. What humans have never understood or learned from the beginning of time is what we were endowed with is beauty beyond belief, to build upon, cherish and enjoy, not destroy. History, from time immemorial, hasn't taught us yet that forcing influence upon other human beings is a signal of self-destruction for the aggressor. That power and money, in the wrong hands, corrupts absolutely and leaves a legacy of destruction. Corrupt people in power somehow have the belief they are DEMIGODS and their offspring will reap the rewards of their evil deeds. When, in actuality, they will leave this world with exactly what they came in it with, nothing. Instead of their offspring reaping the rewards of their evil deeds, they stand a much better chance of paying dearly for their actions as will everyone.
146. Since Mr. Weller's death, KIMBALL has advised a few people of prominence and legislature who had the power to act upon the information conveyed to him by Mr. Weller at his death bed. All appeared to believe what was told KIMBALL was true. However, some reflected to KIMBALL that they didn't want to get involved, reflecting complicity, i.e., what will be, will be. While others reflected total fear of government officials with the attitude of self-preservation, such as, if you stir up a hornet's nest you are going to be stung. Recent world events have reflected what Mr. Weller foretold KIMBALL. KIMBALL believes the public has a right to know and make up their own minds as to what has transpired and is transpiring within some people in charge of the government, which will affect their lives and their children's existence. If no one has the intestinal fortitude to attempt to correct past and present government employee atrocities, we will deserve all the repercussions we receive and our founding fathers will have fought and died for nothing. It takes much more raw courage to rectify past wrongs than to create the wrongs to begin with. A nation of complacent people, in an environment of corruption, will cause the people to become corrupt, or lead to their demise. We are on the eve of destruction. KIMBALL is in hopes people will Open Their Eyes to see for themselves before they are unable to open them at all.
147. Again, KIMBALL wants to sincerely thank former Congressman Berkley Bedell, Senator Tom Harkin, Senator Bill Nelson and Senator Charles Grassley, with special thanks to their staff members, for attempting to help KIMBALL in his hour of need, revealing their humanitarian concerns.
"EVIL THRIVES WHEN GOOD PEOPLE DO NOTHING"
VERIFICATION OF AFORESTATED DECLARATION
Upon conclusion of extensive research, I, JAMES T. KIMBALL, conclude that sufficient competent evidence exists to determine that the modern truth serum produces a higher degree accuracy than DNA testing. Accordingly, KIMBALL is more than willing to submit to a professionally administered truth serum to all statements made herein in paragraphs numbers 1-147 of this Declaration.
Under the penalty of perjury, the aforestated Declaration is true and correct to the best of KIMBALL's knowledge and belief.
Aside from this sworn verification, KIMBALL and his representatives hold documents to substantiate the vast majority of facts put forth in this Declaration, to include, but are not limited to, sworn affidavits, declarations and statements by people willing to take polygraph or drug serum tests as to the accuracy of their statements.
(SIGNATURE ON FILE)
______________________________
JAMES T. KIMBALL
______________________________
Date
Sworn and subscribed before me this _________ day of ___________________, 2003.
(NOTORIZED
ORIGINAL ON FILE)
______________________________
Notary Public
My Commission expires:
Provided courtesy of
John C. Hammell, President
International Advocates for Health Freedom
POB 10632 Blacksburg, Virginia 24062 Amerika
http://www.iahf.com
http://iadsa-exposed.tripod.com
800-333-2553 N.Amerika H and W
540-961-0476 World H and W