Case of Diane Fleming charged with murder--acute aspartame poisoning?

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FOR RELEASE: MAY 8, 2005 (PRWEB.COM)A DIANE FLEMING MURDER CASE UPDATEWRIT OF HABEAS CORPUS FILED

On Monday, May 9, 2005, two things can happen to Diane Fleming who was indicted and convicted, to 30 plus 20 years, in February of 2002, for the alleged murder of her husband, Charles Fleming. In Case CRO1F01484-01, The Commonwealth of Virginia accused Mrs. Fleming (who passed a polygraph, showing she was telling the truth) of putting windshield washer fluid that contained methanol, a poisonous alcohol, into her husband’s Gatorade. A writ of habeas corpus orders a prisoner (1) to be brought before a judge to determine whether or not that person is imprisoned lawfully and (2) whether or not he should be released from custody. On March 14, 2005, such a writ was filed for Diane Fleming. On March 23rd, the judge in Diane’s trial, the Honorable Cleo E. Powell issued a “show causeâ€â€”an order on the state attorney general giving him 45 days to respond as to why a habeas should not be granted.

The state can (1) ask for an extension or (2) the state can agree to a new trial. Diane Fleming wrote to me that the habeas writ charges 20 claims of â€ineffective assistance of counsel†and “two prosecutorial misconductsâ€. In Virginia, inadmissible evidence or improper testimony cannot be raised later at habeas, except for the two aforementioned reasons. One of the misconduct citations is the state’s failure to disclose exculpatory (clearing of guilt or blame) evidence to the defense. Diane’s son Chuckie, who testified at trial, had an immunity agreement with the state. Another claim is that the tests the state ran on the bottles of Gatorade failed to detect any blue dye, contained in the windshield washer fluid, Krystal Kleer. In the habeas, Diane’s new lawyer asks for several remedies besides a new trial. One is that the state be ordered to turn over samples (of the Gatorade) for independent

testing. Diane’s original defense counsel at her trial believed in her innocence but he was ‘ineffective’. Instead of proving her innocence, in the one-day trial, he spent the majority of the time trying to prove Diane’s eldest son, (Fleming’s stepson) Chuckie, was the ‘murderer.’ The jury didn’t believe Diane’s son was guilty, but they believed a murder had been committed. A habeas may only be written after all the appeals are over. Diane’s trial lawyer lost her State Appellate Court appeal and the Supreme Court appeal; he was paid $15,000. If Diane is granted a new trial she will be bonded out, freed until trial. THE FACTS OF THE CASE Charles Fleming, 37, played basketball on a hot summer day in June, 2000. At home, after the game, Charles drank a Gatorade which he and Diane had mixed with creatine, a food

supplement that promises muscle mass. Fleming became ill, went to bed early and the next morning he went to work but, feeling ill, left work to go home. Fleming’s condition deteriorated and he was taken to the hospital where he had seizures, went into a coma and died. The autopsy showed Charles died from acute methanol poisoning.A most likely cause of Charles Fleming’s death is aspartame poisoning. Aspartame (Equal,NutraSweet) the artificial sweetener contains 10% methanol. Fleming drank daily, according to Diane, 6-8 aspartame-sweetened diet Cokes, 2 diet Sprites with bourbon and also used Equal, the powdered version of the artificial sweetener, to sweeten other drinks. Note: Diet Sprite has changed its artificial sweetener to ‘Splenda’. Charles Fleming had other symptoms of aspartame poisoning. In 1995, the FDA revealed, under the Freedom of Information Act, 92 symptoms caused

by aspartame. Diane says her husband had headaches: No. 1 on the FDA list of aspartame symptoms. Charles was ’moody.’ Change in mood quality or level is No. 3 on the FDA list. He had joint and bone pain for which he took Naproxin. Bone and joint pain is No. 31 on the list. He had sleep problems, No. 13 on the list. He was forgetful. Memory loss is No. 6 on the FDA’s list. He took Prevacid for heartburn. Other Gastrointestinal is No. 33 on the FDA list. Difficulty in breathing that Charles experienced one month before his death is No. 21 on the list and No. 41 is other respiratory. Death, is No. 77 on the FDA list of aspartame symptoms. POST CONVICTION RELIEF DENIEDA year after Diane’s imprisonment, one of her loyal friends found the aspartame poisoning information on the Internet. Anti-aspartame advocates who learned about

Diane’s case circulated a petition asking for her freedom, and the chief medical examiner of Virginia, Dr. Marcella Fierro was contacted. Dr. Fierro agreed to consult with a physician who is an expert on aspartame, but she reneged, telling Diane’s attorney in early 2004 that no peer review medical evidence exists supporting the theory that Charles Fleming’s chronic methanol toxicity was caused by his long-term consumption of aspartame. Fierro stated this after she was sent the peer-reviewed, 1984 seminal work by Dr. Woodrow Monte, “Aspartame: Methanol And The Public Healthâ€, published in “The Journal of Applied Nutritionâ€:When diet sodas and soft drinks, sweetened with aspartame, are used to replace fluid loss during exercise and physical exertion in hot climates, the intake of methanol can exceed 250 mg/day or 32 times the Environmental Protection Agency's recommended limit of consumption for this

cumulative toxin(8).http://presidiotex.com/aspartame/Facts/Arizona/arizona.htmlPauline N. Harding, M.D. sent an affidavit to ME Fierro stating: Aspartame and its breakdown products induce a wide range of toxic effects. I have reviewed the autopsy report of Charles Fleming and would recommend that the court be presented with the biochemical evidence that supports the possibility of aspartame poisoning as the case of death. Notarized Jan. 12th, 2004, State of Illinois. Dr. H.J. Roberts is the author of “Aspartame Disease: An Ignored Epidemic†In his affidavit, Roberts swears: On the basis of the prodigious amounts of aspartame products he (Charles Fleming) consumed and on the finding of a severe fatal metabolic acidosis coupled with a high concentration of methanol in the blood… I concur

with the cause of death as methanol poisoning—in this case due to considerable methanol consumption in the form of aspartame products. It is my firm opinion that Diane Fleming should be immediately freed from wrongful imprisonment to rejoin her family. Ulterior motives in Dr. Fierro’s refusal to confront the facts about aspartame poisoning should be investigated. If it were proved that Charles Fleming died from cumulative methanol poisoning caused by aspartame consumption, the repercussions would be momentous.Usually, athletes drop dead immediately, from aspartame poisoning, SAD—sudden aspartame death. According to the Center for Disease Control, more than 100,000 athletes a year die a sudden death. The cause is variably attributed to an undetected and/or genetic heart problem, or over-heating. If Charles Fleming had dropped dead on the basketball court, police would never have thought his death

suspicious. Author/columnist David Lawrence Dewey has informed Diane that when the bottles of Gatorade are handed over for independent testing, an NFT1 test, by using the gas chromophotography method, will show whether the methanol was a commercial grade source used in windshield washer fluid. Manufacturers use the marker, required by the EPA, to identify their product and to protect their patent formula. If an NFT1 test had been done by the Commonwealth or defense counsel, it is plausible that Diane would never have been indicted for murder. The NFT1 test would have easily identified the source of the methanol. Another simple test never attempted by defense counsel at trial, a Perry Mason missed moment, is if the blue Krystal Kleer windshield washer fluid is added to lemon-lime Gatorade (the bottle Charles allegedly drank) the color turns bright green. With orange Gatorade (the kind Charles took to work with him) the

addition of 2 ounces of Krystal Kleer windshield washer fluid turns the color brown. Diane Fleming has never given up. It was she who found a new lawyer to write her writ of habeas corpus. Court findings in Diane’s legal proceedings will be updated. Carol GuilfordLos Angeles, CA.