FTC approves conditional sale of Orchid Cellmark to LabCorp, ignoring incarcerated innocents

The FTC is ignoring incarcerated innocents, but not mother’s looking to hold their baby’s fathers accountable, or rightful heirs looking for a portion of what their fathers couldn’t take with them.

Incarcerated innocents, per the FTC, can go fly a kite … with the kite just as imaginary as the availability of justice in America, of course.


From: Susan Chandler
Date: December 8, 2011 7:56:29 PM EST
To: “Alan J. Friedman”
Cc: antitrust@ftc.gov, ASKDOJ , ethicsearch@americanbar.org
Subject: LabCorp’s purchase of Orchid Cellmark, FTC okay with unreported, related suspect evidence (Gary Stanley Bennett, William Michael Dillon)

Alan J. Friedman, Esquire
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580

Dear Mr. Friedman,

I am writing to acknowledge receipt of your sixteen word smokescreen that obviously followed the FTC’s blackhearted decision on LabCorp’s purchase of Orchid Cellmark. It obviously took time to put together the 600+ word press release, “FTC Puts Conditions on LabCorpor’s Acquisition of Rival Orchid Cellmark, Inc.,” far more time than you took to type two sentences bearing the same date.

How cowardly of you to not directly apprise me of the FTC’s decision. How mistaken you were to think I wouldn’t find the FTC’s press release containing its criminally derelict decision not to segregate forensic DNA testing from the sale at the same time it segregated paternity DNA testing.

Despite the FTC’s claim that bolstering competition in paternity DNA testing controls costs in the healthcare sector, paternity DNA testing instead establishes ongoing financial obligations for individuals as long as their children are of school age as well as the distribution of assets after a parent dies. Paternity testing is all about money.

Forensics DNA testing establishes innocence or guilt that affects freedom and often life itself; errors leave rapists and killers on the streets and put “hot shots” into innocents’ arms or cruelly let innocents die of old age behind bars. Forensics testing is all about justice.

Money v Justice is Elitism v Egalitarianism; the FTC has chosen the side of prosecutors and their supervisors who frame innocents to chalk up another “win” and then use their unearned reputations to win judgeships by election or appointment, only to do greater harm, like Brevard County, Florida’s John Dean Moxley.

Orchid Cellmark’s handling of William Dillon’s and Gary Bennett’s Brevard County, Florida forensics evidence made it a candidate for oblivion, not merger; going rogue on two related cases from the same place likely means that the behavior is systemic, that many innocents likely had obvious evidence tampering ignored, or worse.

Even if forensics DNA testing was well-regulated and unquestionably ethical, test prices remain high despite increased demand, making them unaffordable for the families of indigent innocents. As there are already questions about ethics, there logically needs to be an investigation of why innovations that allow amplification of DNA haven’t significantly decreased instances of DNA being declared too degraded to test, as common sense indicates they should.

The Comment period on the FTC’s ruling runs until January 9th, but the Comment link from the press release leads nowhere. You know my name, you have my email address, street address and phone number, kindly consider this a Comment that the FTC has lawlessly chosen to flout the interest of public safety and should be held accountable by the DoJ for doing so, with them taking into account how stalling on handling my initial complaint in a timely manner affected appeal and trial outcomes.


Susan Chandler



From: “Friedman, Alan J.”
Date: December 8, 2011 2:30:01 PM EST
To: [Susan Chandler]
Subject: FW: Pending LabCorp purchase of Orchid Cellmark, is FTC complacent with unreported, related suspect evidence (Gary Stanley Bennett, William Michael Dillon)?

Thank you for your email. It has been forwarded to appropriate Commission staff members for review.

Alan Friedman



From: Susan Chandler
Date: December 5, 2011 1:10:53 AM EST
To: “Friedman, Alan J.”
Cc: antitrust@ftc.gov, ASKDOJ , Rick.Scott@eog.myflorida.com, greg.abbott@oag.state.tx.us, fbi.dallas@ic.fbi.gov, Tampa Division , miami@ic.fbi.gov, sgoldstein@dallasnews.com, mreed@floridatoday.com, smaxwell@tribune.com, acolarossi@tribune.com, 1800DNATEST@orchid.com, Joan Gulliksen , forensicservices@orchid.com, ethicsearch@americanbar.org, president@flabar.org
Subject: Pending LabCorp purchase of Orchid Cellmark, is FTC complacent with unreported, related suspect evidence (Gary Stanley Bennett, William Michael Dillon)?

Alan J. Friedman, Esquire
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580

Dear Mr. Friedman,

I am writing to again object to the pending sale of Orchid Cellmark to LabCorp, which has again been extended to December 9th (link below). My objections are based on Orchid Cellmark’s Farmers Branch, TX apparent failure to make public or otherwise report the receipt of evidence in suspect condition in two related cases from the Brevard County, Florida – William Michael Dillon in 2008 and Gary Stanley Bennett in 2010.

Bennett’s motion before the judge who presided over Dillon’s hearings was denied last month. Bennett won’t be home for Christmas for a 27th time, although he never should have missed even one holiday. Those who prosecuted Bennett using dog handler John Preston were aware that Dale Sutton had been cleared of an Ohio crime by an actual perpetrator in December of 1982, and released in January of 1983. Preston was found to be a perjurer and a charlatan; he’d lied about his credentials and his dog couldn’t track.

Bennett was convicted in January of 1984; 13 months after Sutton was cleared, 12 months after Sutton was released.

The January 30, 1984 Sentinel article “Legal foes differ on value of dog’s nose” did not name Sutton, nor clearly state that Preston was found a perjurer and charlatan … all that was clear was that all parties who were quoted in the article knew what had happened in Ohio. It typifies the Central Florida reporting – then and now – that causes wrongful convictions and keeps them intact, despite the costly, deadly danger to the community of warehousing innocents. Bennett’s conviction is a carbon copy of Dillon’s now-upset conviction, as well as that of Juan Ramos and Wilton Dedge upset convictions in the same judicial circuit, where there are scores more that deserve to have their names cleared.

Bennett was prosecuted by another State Attorney’s office via tainted transfer. The office accepting responsibility had used Preston, resulting in at least one execution – Linroy Bottoson’s. In prosecuting Bennett, they alleged him to be a homosexual to accentuate the original theory of the crime and make Bennett appear as unappealing as a far-likelier suspect who had admittedly forced himself sexually on the homicide victim. Notably, the same prosecutor’s office had alleged William “Tommy” Zeigler to be a homosexual in putting forth a new theory of the crime to offset DNA tests that had defeated their original theory.

To my knowledge, unrelated defense attorneys did not file a Motion for Sanctions for Attorney Misconduct in either Bennett or Zeigler’s case, as I had done years ago in a matter before a former prosecutor that was an original Preston perjury enthusiast, which the Sentinel article verifies. The Motion addressed the fact that knowingly causing someone with epilepsy stress is attempting physical harm; stress causes seizures and seizures can cause death. It would have been helpful for everyone with epilepsy – including IED/TBI injured Mideast Vets – had it been prudently acted upon. But as I addressed Bennett’s vulnerability in my July 22nd letter and it failed to move you – even though he’s at heightened physical risk from the homosexuality slur adding to the insult of his appeal being denied – I’ll stick to nuts and bolts.

The prosecutors entered a knowingly staged photograph into evidence to support their homosexuality claim against Zeigler. Kenneth Nunnelly from the state attorney generals office led the prosecution against Zeigler on Thursday, which suggests that Florida Attorney General Biodi is as amenable to misrepresented evidence, even when there’s a lurid prosecutorial pattern to a misrepresentation. The judge did not yet rule on whether Zeigler will be allowed additional DNA testing.

My concern is that if the judge does allow testing, the evidence may be declared too degraded to test.

It defies logic that new capabilities of expanding and amplifying DNA seem to be having a reverse affect on the ability to overcome degradation … instead of fewer and fewer reports of evidence being DNA being “untestable,” there are more and more.

It isn’t farfetched to suspect forensics facilities to be vulnerable to participating in corruption. Florida’s conspiracies to violate rights already involves Florida’s media, Bar, governors, attorney generals, legislature, judiciary, multiple state attorney’s offices and public defenders offices as well as the ABA, the FBI, the DoJ, Florida senators, etc. Obviously, checks and balances are inoperable, and not just in Florida. In Texas, charlatan dog handler Keith Pikett participated in over 2,000 criminal investigations and only a handful of victims of his pooches and paint cans have been freed. The Texas media, like Florida’s media is regards to Preston, seldom addresses the mind-numbing number of cases that Pikett participated in (link below). There is a new effort underway to review Texas cases where convictions were achieved based on outdated fire forensics solely, so its reasonable to wonder if the FBI’s use of Pikett is proving the same stumbling block for his victims as the FBI’s and other feds involvement with Preston has for his victims (Bottoson and Sutton).

It isn’t proper for the FTC to add to this corrupt chaos by letting two already-irresponsible forensics corporations become one.

As you must know, corporations use Policies and Procedures Manuals for employee training, delineating responsibilities and managing workflow, defending against unemployment and workers compensation claims, defending against suits for willful negligence, etc. Most manuals contain sample internal business forms; forms for receiving shipments of parts and supplies, placing inventory orders, requesting leave of absence, reporting shrinkage, reporting accidents and injuries – covering every base. Some states statutorily require Policies and Procedures Manuals for specific industries or service providers.

Certainly forensics facilities should be among those lawfully required to have manuals.

When I contacted Orchid Cellmark about Dillon and Bennett’s evidence, I should have received – within one business day – an acknowledgment of my request for information and copies of pages from their Policies and Procedures Manual that provided proof that, as they are in the business of providing life-and-death forensics answers, they are procedurally prepared to address any evidence integrity issue. Instead I received (after the third contact if memory serves), a non-response concerning confidentiality.

When I contacted LabCorp, I expected LabCorp to be far more alarmed than I was that Orchid Cellmark couldn’t field questions in a businesslike manner. That should have been a red flag that they were likely buying more liabilities than a broader base could possibly justify.

That you remain apparently unconcerned with their shared complacency is unacceptable.

Just as reports of DNA being too degraded to test should be going down due to scientific advancements, the price of DNA testing should be going down due to increased demand, but prices remain high because of lack of competition, which allowing Orchid Cellmark and LabCorp to become a single entity will worsen.

When you mix an absence of competition, business ethics, internal controls and outside regulation and then pour the whole mess over forensics, you’ve got quite the killer cesspool, sir. We need market-driven forensics prices and unquestionable integrity in forensics testing, and until we have both, innocents will die of old age behind bars while those they’re serving time for add more names to their victim’s lists.

Once again, I write not out of any delusion that the media, the FBI or DoJ will be suddenly be spurred to action after decades of dysfunction and dereliction simply by being Cc:’d on this letter: I am petitioning my federal government – through the FTC – for relief and redress on a matter that affects public safety on a daily basis, nationwide … don’t just prevent Orchid Cellmark and LabCorp from becoming one gigantic, greedy, irresponsible glob – disassemble both until the remaining forensics entities are small enough to have both integrity and pricing matter in the marketplace.

It is my hope that additional law enforcement officers follow Lake County, IL Sheriff Mark Curran’s lead in publicly calling for prosecutor Mike Mermel’s firing for his lurid theories of crimes (link below). Every incidence of malicious, misdirected prosecution needs to be addressed, and it won’t be if forensics corporations are responsible to no one other than corporate officers, directors and shareholders that care only about a locked-up market garnering unreasonable profits.

As an attorney and a public servant, your actions regarding LabCorp purchasing Orchid Cellmark represent a pledge of allegiance … either to corporate predation upon citizens or to citizens themselves. The courtesy of a prompt response is requested. Thank you for your time.


Susan Chandler


About Susan Chandler

Now-disabled interior/exterior designer dragged into battling conviction corruption from its periphery in a third personal battle with civil public corruption.
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