Yurko Case Appeal-3rd day of hearings

[Guest guest]

Alan Yurko Evidentiary Hearing: Day 3 ORLANDO, Fla.---25 August 2004

(Note: Since Day 1, Alan has been dressed in a dark blue jail jumpsuit

and that he has been required to sit all day long in waist chains with

only his right hand [his writing hand] free---even though at all times

three or four armed police have been stationed in the room. No way this

dangerous menace to society is going to jump court, eh?)

" Shrunken Baby "

Day three of the Yurko Project evidentiary hearing revealed the depths to

which organized medicine is willing sink in order to harvest a baby' s

organs for its spare parts industry. It was also shown that disgraced

District 9 Chief Medical Examiner Shashi Gore " commingled " tissue and/or

data in to such an extent that we have no way of knowing how many babies'

information was contained in the autopsy report used to convict Alan

Yurko of shaking his infant son to death.

F. Yazbak, MD had established himself as an expert in pediatrics

and the prescribed administration of vaccines, with over 40 year's

experience by the close of Day 2. Prior to Judge Lawson declaring the

court in recess, Dr. Yazbak had indicated that he was appalled at the

incomplete nature of baby Alan's shot records. Dr. Yazbak described the

importance of thorough record-keeping so that babies are protected from

being administered excessive amounts of vaccines and other drugs. " These

are little guys and we are giving them large amounts of toxins---we have

to be careful, " he commented.

Regarding the brain bleeding and retinal hemorrhages, Dr. Yazbak

explained that it is impossible for a trauma, such as shaking, to cause

these types of injuries without damaging the neck or the spine. As soon

as he mentioned this important fact of biomechanics, Prosecutor Lerner

began raising objections. Judge Lawson overruled Lerner's objections and

Dr. Yazbak stated, " I believe in my heart this baby was not harmed by his

father. "

The morning session on Day 3 began with the cross examination of defense

witness Dr. Yazbak. The prosecution had noticeably abandoned its " badger

and confuse " strategy of the previous day and was resigned to repeated

objections---most of which were overruled by Judge C. Alan Lawson.

Amid near-panic objections from Lerner, Dr. Yazbak stated it was more

likely that baby Alan's injuries were the result of panicked and

unintentionally-violent attempts at resuscitation than intentional abuse.

" The neck was absolutely fine. In all whiplash injuries, the neck is

harmed before the head---often without brain injuries. "

In spite of repeated objections from Lerner, Dr. Yazbak explained his

analysis that baby Alan was declared brain dead Nov. 27 and that his body

was " ...kept alive biologically " until 3:45 a.m. on the 29th until after

his organs had been harvested. "

He also stated his opinion that an excessive dose of the blood thinner

heparin was administered to a brain-dead baby to prevent his blood from

clotting before his organs could be harvested.

Lerner's insistence that Dr. Yazbak's views are not in keeping with

" commonly accepted medical views " opened the door for him to explain how

the CDC ignores Congress (Dr. Dave Wheldon [R-Fla.]), contracts with

foreign nations (Danish MMR study) to defraud the world and justify the

continuation of its " commonly accepted " medical views.

When Dr. Yazbak was finally excused after a total of over three hours on

the stand, he was replaced by retired chief medical examiner

Weiner, MD, a tenured and well-respected forensic pathologist, who began

reciting a verbal autopsy of Gore's autopsy report.

He stated that the purpose of an autopsy report is to explain how someone

died. If the report is flawed, all opinions based on the report are

suspect. He then began to go through the list of discrepancies, conflicts

and anomalies contained in the report that was instrumental in convicting

Yurko in 1999. In one example, he shows how baby Alan's head had been

measured at 37 centimeters shortly after birth, but was measured at 23

centimeters on Gore's autopsy report. " Dr. Weiner, " Yurko attorney

Fitzgibbons interrupted, " Do you believe baby Alan was the victim of

'shrunken baby' syndrome? "

Everyone in the room but the prosecution laughed---and there was no

objection from the state. From that point on Gore's autopsy report seemed

to achieve the unofficial status of " farce " in the minds of all of those

in courtroom 7D.

With no objections from the prosecution, Dr. Weiner used terms such as

" grossly negligent " and " garbage in/garbage out " to describe the report

that was, in his expert opinion, " useless. "

" This is not typographical errors or small mistakes... this is the most

egregious autopsy report I have ever seen, " said Dr. Weiner, who admitted

that Gore may have criminally violated state public records laws by

signing his name to this document.

" I believe it is a grave miscarriage of justice for a person to be

convicted based on this autopsy report, " Dr. Weiner stated.

Aside from the new evidence presented indicating the roles played by the

contraindicated administration of vaccines, medical malpractice and fraud

in the death of baby Alan and the sentence of life in prison for Alan,

the Yurko Project is also demanding relief due to " ineffective assistance

of counsel. " In the 1997 trial, Alan was represented by the Orange County

Public Defender's Office. It's retired chief of 20 years, Prof. Joe W.

DuRocher, JD willingly complied with a subpoena and testified on behalf

of the Yurko Project as to how his office failed to provide the grieving

father a proper defense.

Prof. DuRocher attended Gore's sanction hearing last February and has

resolved to do what he can to help reverse Yurko's wrongful conviction.

At that time, DuRocher and his staff knew very little about SBS and

relied on the information from Gore to be accurate.

Lerner, refusing to accept that Yurko's representation was " ineffective, "

insisted that counsel performed as professionally as it could under the

circumstances. It was as if Lerner was now admitting that Gore's autopsy

report and testimony as to its conclusions may have been erroneous, even

corrupt, but that was Gore's fault---not the fault of the public

defender's office.

The Yurko Project was ready for its last witness ahead of schedule. Since

he could not attend at that time, the prosecution's first witness, former

Yurko public defender Junior Barrett, was called to the stand. Lerner

attempted to establish that Barrett used due diligence to co-defend Yurko

with Bob Lar. Upon cross examination, Fitzgibbons asked several questions

about the 1999 representation of Yurko for which Barrett genuinely had no

recollection.

It struck me that Barrett, who was not avoiding questions or being

belligerent, did not bother to prepare himself as a witness for Yurko's

evidentiary hearing---establishing a pattern of not caring about whether

or not Yurko spends the rest of his life in prison for a murder that new

evidence proves he did not commit.

Fitzgibbons nicely cross examined Barrett who admitted he recalls not

adequately cross examining Gore and that he knew there was a " problem "

with Gore's autopsy report. He remembers that Yurko turned down every

plea agreement offered because he was innocent of the crime. It was also

Barrett's belief, then and now, that Yurko did not shake his baby to

death.

Postscript: The state has three more witnesses. It appears both sides may

rest tomorrow. Here's the list of possibilities in order of worst to

best:

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

without parole.

2. Judge Lawson grants a new trial and orders that Yurko remain in

custody pending the outcome of a trial to be scheduled some months down

the road.

3. Judge Lawson grants a new trial and releases Yurko on his own

recognizance and schedules a trial some months down the road.

4. Judge Lawson grants a new trial and the prosecution decides not to

refile charges against Yurko who is then made a free man.

[Editor's note: don't quote me, but there might be one more possibility,

the best of all, that the judge peremptorily vacates the sentence--if he

has that power over a jury conviction.]

At this time I believe it is appropriate to request that everyone who

receives this post send thoughts and prayer for Alan Yurko and family.

You all know that a victory is warranted here and what a win in this case

will mean to those currently imprisoned as scapegoats for medical

malpractice and the contraindicated administration of vaccines.

Reporting from Orlando, Don Harkins for the Yurko Project

**************

Thanks Don--another great report.

Grateful,

, YP Webmaster

for

Alan, Francine, the YP staff--and Alan Ream Yurko

DONATION/CONTACT INFO

To donate online via secure PayPal (verified) service:

<http://www.freeyurko.bizland.com/index.html#donate>

To donate via check or money order, make payable to:

The Yurko Project

PO Box 585965

Orlando, FL 32858-5965

USA

For phone inquiries call Mrs. Francine Yurko at (407)-291-4344.

For e-mail inquiries Francine: FRANSWRLD@..., Alan:

alanyurko@....

To visit the website: <http://www.freeyurko.bizland.com/>

To view past updates:

<http://www.freeyurko.bizland.com/appealupdates.html>

To read a case overview: <http://www.freeyurko.bizland.com/appeal.html>

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