Alan Yurko Evidentiary Hearing: Day 2 ORLANDO,
Fla.---24 August, 2004
Just like day one, day two of Alan Yurko's evidentiary hearing
began a little shaky and ended on a positive note. Obviously reeling from
the courtroom beating the prosecution received on day one, Robyn Wilkinson
took over from Michael Lerner to cross examine Dr. Horace Gardner. She came
out of the blocks angry, vindictive and used her estimable prowess as an
attorney to confuse and badger Dr. Gardner. The tactic was effective, as
the previous day's excellent testimony from the Colorado ophthalmologist
appeared to have been neutralized.
Yurko supporters and counsel noted the tactical change and
intuited the desperation that must have driven the prosecutors to implement
The second witness was Dr. Jane Orient who is currently heads
the Association of American Physicians and Surgeons and has impeccable credentials
as an internal medicine specialist and diagnostician. She has authored a
medical text book that is in its third edition, has written 50 peer-reviewed
articles for 12 medical journals, has testified in courts, legislatures
and congress, teaches continuing education classes to medical professionals
and sits on the boards of medical associations. Fitzgibbons asked the court
to accept Dr. Orient's testimony as an expert diagnostician and internal
Prosecutors deposed Dr. Orient last June and knew that Dr.
Orient would wreak havoc on their "case" against Yurko. After
requesting to "voir dire" Dr. Orient, Wilkinson resumed her rude
and confrontive demeanor to in a transparent effort to discredit Dr. Orient
as an expert witness.
Dr. Orient handled herself very well and was accepted as an
expert diagnostician and internist.
While being questioned by Fitzgibbons, Dr. Orient, with composed
confidence, ran the full gamut of what happened, what should have happened,
and what did not happen the day baby Alan died. As far as Dr. Orient was
concerned, Yurko had rushed his critically sick child to the hospital which
then pumped the infant full of drugs and never considered anything other
than SBS as the cause of his multiple health issues and eventual death.
She explained that twice the hospital declared brain death and that in neither
instance did the staff follow established protocols for making such a declaration.
"They kept circulation going long enough to preserve the baby's organs
for harvest," Dr. Orient stated.
Upon cross examination, Wilkinson launched into Dr. Orient
in such a rude and disrespectful manner even the judge seemed surprised
and embarrassed. Though for a brief time Dr. Orient did seem a little irritated,
but she regained her composure and turned the tables on Wilkinson by simply
responding as a professional fully in control of her emotions and confident
in her expertise.
For 45 minutes Wilkinson worked herself into a frustrated
frenzy while Dr. Orient calmly answered questions. Much more material beneficial
to Yurko's case got onto the record because of the prosecution's frantic
attempt to discredit this witness. Toward the end of the ordeal, Dr. Orient
was given the opportunity to state, "People believe and there is a
theory, but there is no evidence of SBS."
"Oh my God," a visibly shaken and angry Wilkinson
muttered as she turned away from the lectern and sat down to prepare for
the next witness.
And then it got worse for the prosecution. Forensic Pathologist
Stephen J. Nelson, MD took the stand. Dr. Nelson is the man who administrated
the disciplinary action against his colleague Chief Medical Examiner Shashi
B. Gore, MD for the numerous inconsistencies in the autopsy report that
served to send Yurko to prison for life without parole for shaking his baby
Lerner continually objected while Fitzgibbons was questioning
Nelson as to the specifics of the errors in Dr. Gore's thoroughly discredited
report. His objections were based on the fact that the material had already
been heard in Gore 's Feb. 17, 2004 trial and was, therefore, not germane
to the proceedings. He was repeatedly overruled and was not scoring any
points with Judge Lawson in the process.
Nelson would not admit that, had Gore's autopsy report been
accurate, Yurko would not have been convicted. He did state, however, that,
to his knowledge this was the first time a chief medical examiner had been
so severely disciplined under such circumstances. Dr. Nelson said that Dr.
Gore would have been removed if he had not been so close to retirement.
After his February "conviction," Gore was ordered
to conduct his administrative affairs only and not to touch another body
until he retired (presumably with full benefits). Under cross examination,
Lerner kept referring to the gross errors on the report---like tissue samples
from a heart that had already been harvested and covering up the irresponsible
doses of heparin administered to baby Alan before he died--- as "typographical
The badger and confuse game plan continued with Dr. Harold
Buttram whose calm, noble, knowledgeable presence was not to be disrupted
Dr. Buttram has been operating a family medicine practice
for 42 years and was accepted with no objection as an expert in environmental
medicine. His passion is the study of the effect of toxic chemicals on the
human body. His motivation is love for children and his concern that he
has been observing them as they have gotten sicker and sicker as the years
have gone by.
Baby Alan, who was born fragile and premature with multiple
health issues, was given six vaccines when he was only 2 weeks past true
gestational age. According to calculations, those injections delivered into
baby Alan's already struggling body 100 times the EPA safe-allowable limit
of mercury for one day.
Dr. Buttram stated that he had spent about 1,000 hours on
this case and had spent six months preparing for this hearing. Amid the
expected objections and badgering by Lerner, who had taken over the cross
examination duties because Wilkinson had apparently lost her composure,
Dr. Buttram was able to tell the entire story of what most likely happened
during the short, but important life of baby Alan (I am not sure why, but
I just started sobbing with that thought).
"It was vaccines that triggered the chain of events that
led to his death," said Dr. Buttram, who added, "I would never
vaccinate a preemie and would never give six vaccines at once, and would
always administer them with vitamin C and vitamin A."
Lerner then attempted to discredit this marvelous, compassionate
man for his religious beliefs. The irony is too much to not mention: This
prosecutor whose tunnel vision is compelling him to use any pathetic trick
he can to keep an innocent man in prison for the rest of his life, was assaulting
the beliefs of a deeply spiritual Christian man who has lived his entire
life for the purpose keeping people free, alive and healthy.
The last witness of the day was Dr. F. Edward Yazbak. It is
getting late so I will pick up with this witness tomorrow as he will be
back on the stand first thing. Let me just leave you with today's cliff
hanger: The carnage continues and Dr. Yazbak hit on something that has caused
the most ardent string of objections from the prosecution to date.
The raw nerve has been hit.
Until tomorrow, Reporting from Orlando Florida, Don Harkins
for the Yurko Project
Thanks again Don--another great report.
Peter, YP Webmaster
Alan, Francine, the YP staff--and Alan Ream Yurko
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