Medical Board Brutality - The Plot Thickens... -- by Tim Bolen

[Guest guest]

Medical Board Brutality - The Plot Thickens...

_http://www.quackpotwatch.org/opinionpieces/calmedbrd2.htm_

(http://www.quackpotwatch.org/opinionpieces/calmedbrd2.htm)

Opinion by Consumer Advocate _Tim Bolen_

(http://www.quackpotwatch.org/opinionpieces/tim%20bolen.htm)

Friday, August 26th, 2005

Last Friday, August 19th, 2005 I sent out a newsletter called " _Medical

Board Brutality_ (http://www.quackpotwatch.org/opinionpieces/calmedbrd.htm) . "

It was about the newest antics of the California Medical Board Staff - an

organization, I believe, to be completely corrupt - and not worth saving. Like

the story about Hercules and the Aegean stables, the best thing that could

happen is for someone to re-route the Sacramento river right through 1426 Howe

Avenue (the medical board offices) - and for the same reasons....

The responses were startling. In short, my disdain for the Administrative

Law System, and the way it is abused against licensed health professionals, is

SHARED worldwide.

I want to thank all of those who responded with a letter to the Presiding

Judge of the Appeals Court. If you haven't yet sent yours in, please do so.

You can get the details about what to do by clicking _here_

(http://www.administrativelaw.net/) .

In short, my earlier newsletter details an assault against a " lay

representative " helping people through the Administrative law process. The

lay

representative had complained to an Administrative law Judge that the Medical

Board, and the prosecutor in the case had " biased " the State's witness against

his client - a violation of the agency's own rules of conduct - and the State

retaliated against the lay representative, claiming he was " practicing law

without a license. "

The Medical Board went to a " friendly " Superior Court Judge and got an order

seizing the lay representative's office, leaving his clients in the lurch.

the lay representative filed an Appeal to the Fourth District Court of

Appeals - and here we are.

So, how is the plot thickening?

Well, the situation is WORSE than I originally indicated. The corruption is

far deeper, and far more extensive, than I thought. It extends deep into

the bowels of the California Attorney General's office. Sit back, and read

this...

It turns out that the whole case against the lay representative centers

around two letters, so-called " legal opinions " of employees of the Attorney

General's office named Alfredo Terrazas, and Robert McKim Bell...

And, the intent with this assault, in my opinion, is to preserve their

continued misuse (cheating in prosecutions) of the regulatory system - to get

more

numbers of successful case outcomes - to make themselves look good to their

superiors.

So, who are these people?

First I'll tell you who Alfredo Terrazas is.

Those of you who have been long time readers of my newsletter will remember

the series about the infamous _ " California Medical Board v. Sinaiko " _

(http://www.quackpotwatch.org/opinionpieces/breaking%20point.htm)

_http://www.quackpotwatch.org/opinionpieces/breaking%20point.htm_

(http://www.quackpotwatch.org/opinionpieces/breaking%20point.htm) case - and

the huge cost, and

embarrassment, it caused the California Medical Board over the seven years it

took

to complete. It was the " Sinaiko " case that first brought the wrath of the

California Legislature on the staff, in the form of an official " Enforcement

Monitor. "

The " star " of the show, on the Medical Board's side, during the " Sinaiko "

case, the man that lost the biggest case in the medical board's history, was

prosecutor Alfredo Terrazas. It was his " legal opinions " and his grasp of the

law (or lack of it), that was so contemptuously shot down by the California

Court of Appeals. Terrazas's case, and his concept of what constituted health

care, and his concept of the the law surrounding health care, brought

together the largest, angriest, and most diverse, group of opposition I've ever

seen anywhere. And, it was deserved.

The hallmark of the " Sinaiko " case was Terrazas's flagrant prosecutorial

misconduct laid out in a fifty-one page document I'm giving you access to in a

minute. But the keynote was Terrazas's continued use of a " fake " witness

(Samantha Simons), with a _ " _

(http://www.quackpotwatch.org/opinionpieces/terr2.pdf) _fake " _

(http://www.quackpotwatch.org/opinionpieces/terr1.pdf) _

complaint._ (http://www.quackpotwatch.org/opinionpieces/terr1.pdf) Much like

the

situation the lay representative had complained about, Terrazas not only sought

to _ " influence " the State's witnesses_

(http://www.quackpotwatch.org/opinionpieces/terr2.pdf) in the case, but he,

against the orders of a Judge, slipped

the " fake " document, by the " fake " witness, into the presentation to the

appointed Medical Board members as " Exhibit #21. "

In other words, there is a long history of abuse of the system, and

misconduct on the part of the Medical Board staff and the AGs assigned to their

cases.

As you may remember, the support network for " Sinaiko " ended up including

not just the North American Health Freedom Movement, and the Progress in

Medicine Foundation, but the Center for Public Interest Law (the group that

actually WROTE the California Medical Practices Act), the California Medical

Association (CMA), The American Association of Physicians and Surgeons (AAPS),

the

Union of American Physicians & Surgeons (UAPD), and many others - just too

many to name here.

Unlikely bed-fellows - on most days.

The " Sinaiko " case brought factors together, in California, which

significantly changed the way medicine is regulated. For, the general feeling

was that

the whole situation surrounding the " Sinaiko " case was just plain wrong.

The finger pointing was, for the most part, ALL at Alfredo Terrazas.

The cause of all of the " Sinaiko " commotion was the decidedly " bigoted " and

clearly " anti-due process " legal opinions of Alfredo Terrazas. Simply,

Terrazas felt that it was improper for a defendant (in this case, Sinaiko) to

be

able to defend himself/herself. He convinced an Administrative Law Judge,

named Ruth Astle (who slept through much of the hearings) to disallow any of

Sinaiko's top-of-the-line " expert witnesses, " basically, because they DISAGREED

with his witnesses. Terrazas tried to claim that " only medicine that was

'generally accepted in the mainstream' was legal. All else was 'health

fraud. "

The Appeals Court, in their decision, didn't hide their disdain for

Terrazas's " legal opinions. " Neither do I.

With Terrazas, it's not about justice, or disciplining bad doctors, its

about " winning. " Terrazas bragged to Sinaiko's first attorney that " I never

lose a case. I use the 'death of a thousand cuts' attack. I make as many

accusations as possible so that even if you win on 999, I still win on one.

And, I'm going to take your client's license to practice medicine away from

him. "

Shula Edelkind, the Executive Director of the _Progress in Medicine

Foundation_ (http://www.treatmentchoice.org/) , the group that raised the money

for

the " Sinaiko " defense, also gathered information to help Sinaiko. One of the

most interesting documents I've seen come out of the case is one called:

_ " _ (http://www.quackpotwatch.org/opinionpieces/Terrazas%20Complaint.htm)

Request for a Formal Investigation of: Mr. Alfredo Terrazas,

State Bar # 78403, Deputy Atty Gen of CA, 2101 Webster Street, 12th Floor,

Oakland, CA 94612-3049, (510) 622-2220, for misconduct in his prosecution of

the case of Medical Board of California v. Robert Sinaiko, MD "

In that Terrazas did the following: False Statement of Fact, Concealed

Material Information, Misquoted Scientific Materials, Misquoted the Testimony,

Produced Inappropriate “Expertsâ€, Misquoted and Misread the Medical Charts

of

Patients, Betrayed the Confidentiality of the Patients, Made Inappropriate

Assumptions as to the Aim of Therapy, Cited as Authority a Decision that had

been Overruled, Introduced into Evidence Materials Barred from Consideration,

Colluded with Another to Deceive the Court, Used Slander, violated the ABA

Code of Professional Responsibility, EC 7-13, Attempted to Show “Guilt by

Association,†Took Advantage of Defense Naiveté .

At the request of the Attorneys representing Sinaiko, the document was held

back " until the case was finished. "

Well, the " Sinaiko " case is finished... you can read the whole complaint by

clicking here

..http://www.quackpotwatch.org/opinionpieces/Terrazas%20Complaint.htm Like me,

you'll be shocked that someone of such low ethics, and

moral character would be allowed to work as a prosecutor. You'll be even more

shocked to find out that while the " Sinaiko " case was winding to conclusion,

Terrazas was PROMOTED and now heads the Licensing Division - so be assured that

his policies are now ALL of the prosecutors policies.

Just think - now every licensed professional in the State can get the same

treatment Sinaiko got... (sarcasm intended).

So, who's Robert McKim Bell?

Thought you'd never ask.

Robert McKim Bell is the attorney for the California Attorney General's

office that went to the Federation of States Medical Board (FSMB) meeting in

Chicago in 1996. The purpose of that meeting, and the presentation called

" Fraudulent Medical Practices " was to criminalize innovation in health care -

and

call it " health fraud. " As the panel moderator, James W. Wren MD said:

" Our first session this morning is entitled: " Fraudulent Medical Practices:

Watch and Be Wary. " This topic is particularly timely because of the

increased attacks on medical practice acts around the country by a number of

proponents and practitioners of alternative medicine. "

Bell's role, on behalf of the _ " quackbusters, " _

(http://www.quackpotwatch.org/WisconsinWar/who_are_these_so.htm) was to show

FSMB members how to use

the prosecutorial system to stop, or prosecute, innovation in health care. You

can read his speech, at the convention, by clicking _here. _

(http://www.quackpotwatch.org/WisconsinWar/planof96.htm) It's near the bottom

of the page.

You'll be shocked.

Bell was at the podium with top _ " quackbuster " _

(http://www.quackpotwatch.org/WisconsinWar/who_are_these_so.htm) John Renner.

Bell said, in his

introduction:

" I'm flattered to be included in such a prestigious organization's program.

I am an obscure lawyer from California. I think I came to the attention of a

couple of your board members as a result of litigation conducted a couple of

years ago for the State Medical Board of CA. involving a chelation physician

which was of rather large magnitude. We had a successful outcome in that

case, I've been asked today to talk from the perspective of a prosecutor about

what it takes to investigate and successfully prove a case. "

Summing Up...

There are real credibility issues at the AG's office.

Stay tuned...

Tim Bolen - Consumer Advocate

This " Millions of Health Freedom Fighters - Newsletter " is about the battle

between " Health and Medicine " on Planet Earth. Tim Bolen is an op/ed writer

with extensive knowledge of the activities of a subversive organization

calling itself the " quackbusters, " and that organization's attempts to

suppress,

and discredit, any, and all health modalities that compete with the allopathic

(MD) paradigm for consumer health dollars. The focus of the newsletter is on

the ongoing activities, battles, politics, and the victories won by members

of the " Health Freedom Movement " against the " quackbusters " It details " who

the quackbusters are, what they are, where they are operating, when they

appear, and how they operate - and how easy it is to beat them... "

For background information on the " Battle between Health and Medicine " go

to: _http://www.savedrclark.net/by_whom2.htm_

(http://www.savedrclark.net/by_whom2.htm) . A copy of THIS newsletter, and

older ones, are viewable at the

website _http://www.quackpotwatch.org/default.htm_

(http://www.quackpotwatch.org/default.htm) .

For EVEN MORE interesting and related articles go to

_http://www.bolenreport.com_ (http://www.bolenreport.com/) .