LabCorp, Bank of America, Antitrust and Tinkerbell …

Posted on January 13, 2012 by Susan Chandler

… this email constitutes a timely request that you prevent LabCorp’s intended acquisition of Westcliff Medical Laboratories in addition to undoing LabCorp’s acquisition of Orchid Cellmark, and then breaking both down into entities small enough to compete on price, quality and customer service in medical and forensics tests … both here and abroad.

 

From: Susan Chandler
Date: January 13, 2012 2:51:29 AM EST
To: antitrust.complaints@usdoj.gov
Cc: ASKDOJ <ASKDOJ@usdoj.gov>, “Alan J. Friedman” <AFRIEDMAN@ftc.gov>, irsob@do.treas.gov, *TIGTA Investigations Complaints Unit <Complaints@tigta.treas.gov>
Subject: Objections to FTC approval of LabCorp’s purchase of Orchid Cellmark [Laboratory Corporation and Orchid Cellmark; FTC File No.111 0155]
Sharis Arnold Pozen
Acting Assistant Attorney General
United States Department of Justice
Citizen Complaint Center
Antitrust Division
950 Pennsylvania Avenue NW, Room 3322
Washington, DC 20530
Dear Ms. Pozen,

Thank you for having someone in your ATR-OPS Citizens Complaint Center reply to my email of January 7th. I received the response minutes before the comment period closed on LabCorp’s acquisition of Orchid Cellmark on Monday.
While I appreciate not being ignored, I do not appreciate being misinformed. If the DoJ bears any feminine familial relationship to the FTC, it is not as a sister, as the response portrayed … the DoJ can prosecute bad FTC behaviors, the FTC cannot prosecute bad DoJ behaviors.
The DoJ is therefore a mother agency rather than a sister agency. And it must act like a mother, not only in keeping with the universal perception of mothers as protectors, but in the street vernacular, because lives hinge on the affordability and quality of laboratory testing. Neither Orchid Cellmark or LabCorp, both already international, had a history that suggested that they should be allowed to remain as large as they were, let alone merge.
Rainforest Action Network (RAN) announced the launch of the Bankrupting America Blog (link below) and requested assistance in amplifying the drumbeat against Bank of America putting profits ahead of people. I am not happy to be able to potentially be of assistance to RAN in this endeavor.
What would have made me happy was not to have to fight one more lonely battle for incarcerated innocents with the federal government that enlightens me on additional public corruption. In my stead, the American Bar Association and  American Medical Association (along with a vast array of legal and medical NGO’s) should have fought LabCorp’s acquisition of Orchid Cellmark, and made short work of it by involving the mainstream media. I already know from battling conviction corruption that the ABA’s tax exemption claim of protecting its members and the public equally is a lie; I suspect the AMA’s exemption claim is little different than the ABA’s, seeing as they haven’t even taken the tobacco industry to task “stepping on” nicotine in their products. With apparent Treasury Department approval (per claim number 55-1106-0136-C), the IRS Oversight Board remains haughtily silent on the worthiness of billions of annual dollars-worth of questionably exempt non-profits, including those involved but deliberately distanced from LabCorp’s acquisition of Orchid Cellmark.
So here is the help that RAN requested: per Business Wire on December 11, 2011, “Laboratory Corporation of America(R) Holdings (LabCorp(R)) (NYSE: LH) today announced that it has entered into a new senior unsecured credit facility totaling $1.0 billion. Bank of America, N.A. will act as Administrative Agent and Barclays Capital will serve as Syndication Agent for a group of financial institutions providing the facility. The new facility consists of a five-year Revolving Facility in the principal amount of $1.0 billion.” (italics mine, link below) Combining that billion-dollar tidbit with using either Orchid or LabCorp as a search term on my blog – https://wobblywarrior.wordpress.com – will give RAN further indications that Bank of America puts profits ahead of people in providing services to LabCorp (link below).

The DoJ’s website – http://www.justice.gov/atr/contact/newcase.html – indicates that corporations that bilk taxpayers for millions can expect leniency. The courts may find that LabCorp is a bilker, and now it’s frighteningly immense and well-capitalized, ready to litigate more matters to death rather than to justice … those it doesn’t receive automatic leniency on, that is.

The leniency the DoJ extends to corporations that billk millions from taxpayers is all the more a travesty because the DoJ declines to address conviction corruption of decades duration, even knowing that wherever public servants step over the line to achieve a conviction wrongfully, there is peripheral corruption. The same Judge Moxley that I’ll continue to write about in 2012 is the same Judge Moxley that Glenda Carlin Busick wrote about in Brevard Good Ole Boys in 1992 (link below). I’ll also continue to write in 2012 about the bogus dog handler that Moxley used for frame-ups – John Preston – and write about even-more-prolific Keith Pikett. And I’ll write about Lucy, Knight and Tinkerbell, and about @600,000 wasted federal man hours to the tune of about $100M and the man who fought back and won, and the man emotionally unable to fight back, who took his own life (links below).
The DoJ is bent on having justice continue to go to the dogs; which isn’t in its mandates. Neither is looking the other way while already-too-large corporations corner markets on medical and forensics testing. LabCorp apparently has it’s sites on 45% of the market and is looking to acquire Westcliff Medical Laboratories next (link below). Perhaps RAN will understand how important it is to have affordable, accurate medical and forensics tests so that people don’t die from disease diagnosed too late or from frame-ups undoable by DNA testing remaining intact, but there’s a likelihood that RAN will be buried in similar examples of BoA’s alliances, given what Bloomberg View columnist William D. Cohen wrote in “How Wall Street Turned a Crisis Into a Cartel” (link below).
Should you again direct another to respond to this email in your stead, please ask that there be no further attempts to mislead me on the DoJ’s might, misstate the timeline of my complaints, or disrupt the paper trail, which I’ve attempted to restore. And please do answer, Ms. Pozen, because this email constitutes a timely request that you prevent LabCorp’s intended acquisition of Westcliff Medical Laboratories in addition to undoing LabCorp’s acquisition of Orchid Cellmark, and then breaking both down into entities small enough to compete on price, quality and customer service in medical and forensics tests … both here and abroad. Thank you.
Sincerely,
Susan Chandler







———————————————
From: “ATR-OPS Citizen Complaint Center” <Antitrust.Complaints@usdoj.gov>
Date: January 9, 2012 4:39:55 PM EST
To: “Susan Chandler”
Subject: RE: Objections to FTC approval of LabCorp’s purchase of Orchid Cellmark [Laboratory Corporation and Orchid Cellmark; FTC File No.111 0155]
Dear Ms. Chandler:
Thank you for contacting the Antitrust Division of the U.S. Department of Justice.  After careful review of your email, we have determined that the information provided cannot be reviewed further by the Division at this time because this matter has been cleared for the Federal Trade Commission, our sister agency, to handle.  If you have not already done so, you may wish to express your concerns to the FTC.  Please see below for information on how to contact the FTC.
We appreciate your interest in the enforcement of federal antitrust laws.
Sincerely,
Citizen Complaint Center
Antitrust Division
Department of Justice
——-
Federal Trade Commission
Mailing address:
Office of Policy and Evaluation
Room 394
Bureau of Competition
Federal Trade Commission
600 Pennsylvania Ave, NW
Washington, DC 20580
Telephone:  202-326-3300
Web site:  www.ftc.gov
———————————————

From: Susan Chandler
Date: January 7, 2012 1:40:48 PM EST
Cc: “Alan J. Friedman” <AFRIEDMAN@ftc.gov>, ASKDOJ <ASKDOJ@usdoj.gov>
Subject: Objections to FTC approval of LabCorp’s purchase of Orchid Cellmark [Laboratory Corporation and Orchid Cellmark; FTC File No.111 0155]
Sharis Arnold Pozen
Acting Assistant Attorney General

United States Department of Justice

Citizen Complaint Center
Antitrust Division
950 Pennsylvania Avenue NW, Room 3322
Washington, DC 20530
Dear Ms. Pozen,
I am writing because I recently learned the DoJ has an Antitrust Division, which should have responded months ago to the emails I’ve sent to the FTC and Cc:’d to ASKDOJ@usdoj.gov concerning LabCorp’s inappropriate acquisition of Orchid Cellmark.
As you know – the FTC approved the acquisition, and the final comment period closes on Monday, January 9th.
Acting against LabCorp’s acquisition of Orchid Cellmark should have been automatic on the DoJ’s Antitrust Division’s part … b

oth LabCorp and Orchid Cellmark are international corporations, already individually too large to ensure competitive pricing, R&D, customer relations, etc; as my previous correspondence documented.
Allowing LabCorp and Orchid Cellmark to become a massive global entity driven by greed and ill-will amounts to an act of mutual FTC and DoJ aggression on your unsuspecting fellow citizens as well as the citizens of every other nation where either corporation has facilities.
Intact wrongful convictions endanger the public on a daily basis, and LabCorp’s purchase of Orchid Cellmark will keep the costs of DNA testing exorbitant and the results of DNA testing dubious – both of which will serve to keep thousands of innocents incarcerated while actual criminals freely find new victims … worldwide. It will also exponentially increase LabCorp’s stranglehold on other market segments, increasing consumer costs while providing no corresponding benefits … worldwide.
Eliciting behaviors from corporate officers and directors that are at least partly market-driven instead of entirely dollar-driven is the whole point of antitrust safeguards.
While I will not repeat all my previous arguments against LabCorp acquiring Orchid Cellmark, I will reiterate one specific to the your agency:
The DoJ has had 29 years to come clean about federal agents use of discredited dog handler John Preston.
Dale Sutton’s federal conviction was upset in January of 1983 with the court finding Preston to have lied about his credentials in addition to being unable to track scent. Gary Stanley Bennett was convicted using Preston’s perjuries in January of 1984. Bennett’s evidence arrived sealed but mysteriously untestable for DNA at Orchid Cellmark. It was not the first time Orchid Cellmark demonstrated an unwillingness to involve authorities upon receipt of evidence in suspect condition; Orchid Cellmark waited two years before publicly commenting on the suspect receipt of William Dillon’s evidence – another Preston perjury case from Brevard County, Florida where the existence of an FBI field office and a community of retired federal agents should have guaranteed FBI and DoJ investigations as the scandal of scores of related convictions unfurled.
Having made no admission about Preston, federal agents used Keith Pikett and other discredited dog handlers, being as intractable about the extremely narrow limits of scent evidence as they were about admitting that the FBI’s Comparative Bullet Lead Analysis was junk science. Federal grant money is being abused to misconstrue the scope and validity of scent evidence – Florida International University’s Kenneth Furton, a multi-year grant recipient, traveled to Texas to testify FOR Keith Pikett. Dwarfing disingenuous federal grants, public funds will continually be wildly misspent by law enforcement agencies as well as prosecutors and public defenders offices if the price of DNA testing is not market-driven. Connecticut has a backlog of 4,000 cases for DNA testing … should a market lock on DNA test pricing cost any state the ability to pay teachers, repair roads, fight fires? Should a market lock on DNA test pricing cause any state backlogs that allow criminals to freely find new victims while surviving victims live in terror?
Allowing LabCorp to acquire Orchid Cellmark is in no one’s interest except agents, officers, prosecutors and judges that participated in conviction corruption and wish to undeservedly die free on healthy public pensions with their reputations intact – even though keeping their reputations intact leaves killers and rapists on our streets – while innocents undeservedly die behind bars with their reputations forever sullied after living lives of deprivation and despair amongst hardened criminals.
Public distrust of government is understandably at an all-time high; Congress and our president informally amended the Constitution through a budget bill to allow for the interminable military detention – without charge – of American citizens, on the heels of the U.S. Supreme Court’s informally amending the Constitution to bestow human rights on pieces of paper – corporate charters. The lawful method to amend the Constitution is arduous by design, to prevent such treacherous overreaches.
Attorney General Holder is not powerless to address the legislative, executive and judicial overreaches that destroyed due process and allowed elections to be bought, nor is he powerless to address the FBI’s corruption in the face of decades of failed formal Oversight.

While you cannot force your boss to use the powers of his office to do what the public is paying him to do, you can personally do what the public is specifically paying you to do, Ms. Pozen: act against LabCorp’s acquisition of Orchid Cellmark … immediately. Please don’t make it necessary for another whistle-blower to risk everything, including freedom, to make public the reasons why the Antitrust Division hasn’t acted in the public’s best interests.
My formal requests for relief on the behalf of all Americans as well as the citizens of many other nations are several months old and known to your agency, ma’am; it is therefore not an imposition to request an immediate response. Please inform me via email on Monday – the closing day of comments – that you have taken action to prevent LabCorp from acquiring Orchid Cellmark.
Sincerely,
Susan Chandler


From: “Friedman, Alan J.” <AFRIEDMAN@ftc.gov>
Date: January 6, 2012 4:56:29 PM EST
To: ‘Susan Chandler’
Subject: RE: Objections to FTC approval of LabCorp’s purchase of Orchid Cellmark [Laboratory Corporation and Orchid Cellmark; File No.111 0155]
Your email has been forwarded to Commission staff members who handle public comments.
Alan Friedman
20
From: Susan Chandler
Date: December 8, 2011 7:56:29 PM EST
To: “Alan J. Friedman” <AFRIEDMAN@ftc.gov>
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.
Sincerely,
Susan Chandler

From: “Friedman, Alan J.” <AFRIEDMAN@ftc.gov>
Date: December 8, 2011 2:30:01 PM EST
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

 

2.a.

From: Susan Chandler
Date: December 5, 2011 1:10:53 AM EST
To: “Friedman, Alan J.” <AFRIEDMAN@ftc.gov>
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.
Sincerely,
Susan Chandler

From: Susan Chandler
Date: July 22, 2011 2:12:09 PM EDT
To: “Friedman, Alan J.” <AFRIEDMAN@ftc.gov>
Subject: Pending LabCorp purchase of Orchid Cellmark, 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 appreciate your responding to the FTC being copied on my emailed correspondence to Orchid Cellmark.  However, I can’t imagine that the FTC’s Bureau of Competition is equal to the task of ensuring that private forensics corporations do not continue to contribute to America’s already staggering conviction corruption; the Bureau of Competition’s role in this matter would instead seem restricted to media complicity in conviction corruption that predates Gary’s and William’s decades-old convictions.
Orchid Cellmark’s apparent failure to disclose receipt of evidence for DNA in suspect condition in Gary and William’s related cases from a single Florida judicial circuit is something that is better handled by the FTC’s Consumer Protection Bureau working with Texas Attorney General Greg Abbott, Florida Attorney General Pam Biondi, the FBI and DOJ, involving Congressional oversight of the FBI and the DOJ if they continue to refuse to investigate and prosecute public corruption that affects trial outcomes as well as  oversight of your agency if it continues on the course of allowing corporate inference in the availability of justice.
Our courts and the marketplace are already unduly intertwined by specious arbitration and mediation providers for civil matters, which the media has been as dishonest about as they have conviction corruption.  Allowing additional intertwining of our courts and the marketplace in criminal matters is unacceptable from any standpoint.  Chain-of-custody of evidence must become a thoroughly transparent process; I suspect that it hasn’t been anything approaching transparent since the US Supreme Court foisted prosecutorial immunity for misconduct on still-unsuspecting citizens in Imbler v Pachtman in 1976.
The hits on my blog seeking Orchid Cellmark/LabCorp merger information that I complained of in my Sunday email dropped off immediately.  I checked the Internet and found the explanation; GenoneWeb News reported on Monday that LabCorp’s offer for Orchid Cellmark has been extended to August 12th.  This means that once again there is a deadline in securing definitive solutions for a private industry apparently being allowed to be broken link in the chain-of-custody of criminal evidence, within the knowledge of various federal agencies and two Florida judicial circuits.
The deliberate duress being heaped on Gary, in light of his volatile and potentially deadly disability, by those two historically unclean and complicit judicial circuits is a crime in and of itself.  Gary’s hearings are before the same judge that was unconcerned with Orchid Cellmark’s receipt of William’s evidence in suspect condition.  The New York Times addressed prosecutorial misconduct in the Casey Anthony trial; that prosecutors’ office is persecuting Gary due to a transfer so tainted that all involved should unquestionably serve time, foiling the Florida Bar’s continually eschewing the faux law enforcement obligation to punish misconduct imposed by Imbler v Pachtman and Van de Kamp v Goldstein.  As near as I can tell, SCOTUS’ affirming decision in Connick v Thompson this year in no way implied that the good citizens of Louisiana or any other state should be further subjected to the likes of Connick’s wiles, nor did it suggest that the Bar should not be delivering – per Imbler – its limp-wrist punishments of fines, suspensions and temporary or permanent disbarment nationwide.
It is my hope that a variety of national reforms will result from a diligent federal investigation and prosecution of the decades of brazen conviction corruption in Florida’s 9th and 18th Judicial Circuits within the knowledge of federal agencies and Bar associations.  Congress must override civil immunities that make justice unequal at best and unavailable at worst.  Incarcerating innocents is perhaps the most dangerous of frauds on American citizens; not only are citizens in harm’s way from those who should have been apprehended, they are in harm’s way from the continued involvement in government by the deeply disturbed individuals that are willingly involved in frame-ups and cover-ups as well, and the deeply disturbed media executives who assist many miscreants in maintaining the ability to be involved in government.
Again, sir, while I appreciate your acknowledging my complaint, its crux is not corporate competition … the integrity of our courts is being further assailed by the marketplace, and it must be stopped.  Now.  I look forward to a response that indicates you understand and agree, and will do whatever you can to put for-profit forensics corporations that behave suspiciously over receipt of suspect evidence out of business entirely, and not via merger that will could forever cloud any legal liabilities that affect freedoms and lives.
Additionally, I’d appreciate it if you would be so kind as to have the appropriate FTC personnel point out to Orchid Cellmark any disclosures that should be made to LabCorp in this matter.  Thank you.
Sincerely,
Susan Chandler
From: “Friedman, Alan J.” <AFRIEDMAN@ftc.gov>
Date: July 19, 2011 5:39:42 PM EDT
To: Susan Chandler
Subject: RE: Pending LabCorp purchase of Orchid Cellmark, unreported, related suspect evidence: Gary Stanley Bennett, William Michael Dillon
Your email has been received by the Bureau of Competition.
 
Alan Friedman
 
 
2.a.
 
From: Jones, Pamela On Behalf Of ANTITRUST
Sent: Monday, July 18, 2011 9:56 AM
To: Friedman, Alan J.
Subject: FW: Pending LabCorp purchase of Orchid Cellmark, unreported, related suspect evidence: Gary Stanley Bennett, William Michael Dillon
From: Susan Chandler
Date: July 17, 2011 12:00:40 AM EDT
Subject: Pending LabCorp purchase of Orchid Cellmark, unreported, related suspect evidence: Gary Stanley Bennett, William Michael Dillon
Thomas A. Bologna, President and Chief Executive Officer
James F. Smith, Vice President and Chief Financial Officer
William J. Thomas, Vice President and General Counsel
Orchid Cellmark
13988 Diplomat Drive, Suite 100
Farmers Branch, TX 75234
Dear Mr. Bologna, Mr. Smith and Mr. Thomas:
As I understand it, LabCorp’s offer to purchase Orchid Cellmark was to expire on July 15th if not completed by that time.
The mainstream media’s silence on the subject has caused an inordinate number of “hits” on my blog.  My guess was that the FTC was waiting to see if I was going to back down on Orchid Cellmark failing to take any action regarding receipt of evidence in suspect condition in William Dillon and Gary Bennett’s related cases from Florida’s 18th Judicial Circuit in 2008 and 2010, respectively.
But I appear to have been wrong.  It is likelier that Nicholas Tsatsis’ suit – voluntarily dismissed on the 13th – had more do with the mutual silence (portrayed on the Orchid Cellmark and LabCorp links below) than the controversy I first brought to your attention in May.  The New Jersey federal court likely remains unaware that Orchid Cellmark management exhibits an ongoing inability to protect, let alone maximize the wealth of shareholders as evidenced by having no procedural safeguards in place for foreseeable legal problems caused by receiving evidence in suspect condition.
Gary Bennett’s life is still in danger due to a variety of machinations like yours, which are continually ignored by a corrupt and complicit print and broadcast media not necessarily owned wholly or in part by Rupert Murdoch.  After 27.5 years of wrongful incarceration, Gary’s still unlikely to see his first fair day in court in the near future, and he’s but one of thousands nationwide in the same circumstance.
I asked that you report evidence received in suspect condition to the proper authorities.
I’m asking again, this time with a caveat:  if Orchid Cellmark shareholders have to keep coming to my blog for merger information because you’re continuing to stonewall on diligently reporting suspect evidence, they’ll eventually going to find links to shareholder suits that successfully pierced corporate veils.
And FTC, FBI and DOJ, I’m not Cc:ing you to entertain myself or under any delusion of intimidating Orchid Cellmark, the Dallas News, Florida Today or the Orlando Sentinel.  There are lives and freedoms at stake, and you have sworn and fiduciary responsibilities to the citizens of the United States that make cashing each paycheck a fresh fraud upon them until you actually do your jobs.
Sincerely,
Susan Chandler
DNA Testing Lab | DNA Laboratory | DNA Testing Company Timeline

http://www.orchidcellmark.com/about/companytimeline.html

Orchid Shareholder Drops Suit Over $85M LabCorp Deal – Law360

http://www.law360.com/articles/257724/orchid-shareholder-drops-suit-over-85m-labcorp-deal

From: Susan Chandler
Date: June 20, 2011 2:10:52 PM EDT
Subject: Pending LabCorp purchase of Orchid Cellmark, unreported, related suspect evidence: Gary Stanley Bennett, William Michael Dillon
Ms. Joan Gulliksen
Orchid Cellmark
13988 Diplomat Drive, Suite 100
Farmers Branch, TX 75234
Dear Ms. Gullliksen:
Ma’am, I appreciate finally hearing from Orchid Cellmark, but I can’t honor confidentiality clauses appended to “no comment” statements.
Again … Gary Stanley Bennett’s life is in danger due to his epilepsy medications being withheld, and Orchid Cellmark’s silence is a factor.
The appropriate time to make a statement to a reporter about receiving unsealed evidence in William Michael Dillon’s case in 2008 was 2008, not 2011.
The appropriate time to make a statement to a reporter about receiving sealed but untestable evidence in Bennett’s directly related case from the same judicial circuit was in 2010 was 2010, not never.
Ethical forensic facilities are a public safety issue … we need actual criminals behind bars, not unreasonable facsimiles thereof.
Your response indicates that Orchid Cellmark already feels that it is too big to be held accountable.  I can only imagine how omnipotent LabCorp/Orchid Cellmark will feel.
Aside from DIllon and Bennett’s cases, there are scores of three-decade-old standing related convictions involving bogus dog handler John Preston, not all from Brevard County or even from Florida.  Bogus dog handler Keith Pikett was even more prolific than Preston; Pikett participated in over 2,000 Texas criminal investigations.
While Orchid Cellmark knows that phony scent convictions are but a narrow slice of the forensic frame-up pie chart, the FTC likely doesn’t.
Please share this email with CEO Bologna, CFO Smith and VP/General Counsel Thomas and tell them I would deeply appreciate full disclosure to the media – today – on the condition upon receipt of Bennett’s and Dillon’s related evidence, as well as the compromised condition of any other evidence from Florida’s 18th Judicial Circuit (Brevard and Seminole counties) and 9th Judicial Circuit (Orange and Osceola counties) as the corruption between them is – of record – conjoined.  Thank you.
Sincerely,
Susan Chandler
From: “Gulliksen, Joan” <jgulliksen@orchid.com>
Date: June 20, 2011 10:03:00 AM EDT
To: Susan Chandler
Subject: RE: Suspect Brevard County, FL evidence: Gary Stanley Bennett, William Michael Dillon
Hello Ms. Chandler-
Thank you for your email.
I want to notify you that due to our confidentiality, Orchid Cellmark is unable to comment.
 
Thank you.
 
Joan Gulliksen MT (ASCP), CLS
Customer Liaison,  Forensics
Orchid Cellmark           www.orchidcellmark.com
13988 Diplomat Drive, Suite 100
Dallas, TX 75234
Toll Free:1.800.USA.LABS (872.5227)
Direct Telephone: 214.271.8337
Fax: 214.271.8322
 
STATEMENT OF CONFIDENTIALITY
The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain confidential or privileged information.  If you are not the intended recipient, or the person responsible for delivering the e-mail to the intended recipient, please be advised that you have received this message in error and that any use, dissemination, forwarding, printing, or copying is strictly prohibited.  Please immediately notify the sender or Orchid Cellmark Inc. at (214) 271-8400 and destroy all copies/attachments of this message.
 

From: Susan Chandler
Sent: Sunday, June 19, 2011 12:48 PM
To: 1800DNATEST; forensicservices
Cc: Tampa Division; ASKDOJ; Gretl Plessinger; admin@bcso.us; Seth Miller; mreed@floridatoday.com
Subject: Suspect Brevard County, FL evidence: Gary Stanley Bennett, William Michael Dillon
Thomas A. Bologna, President and Chief Executive Officer
James F. Smith, Vice President and Chief Financial Officer
William J. Thomas, Vice President and General Counsel
Orchid Cellmark
13988 Diplomat Drive, Suite 100
Farmers Branch, TX 75234
Dear Mr. Bologna, Mr. Smith and Mr. Thomas,
I am writing to request a response to my email of May 5th by close of business on Monday, June 20th.
There are three additional matters that come into play as regards the reportedly unnaturally untestable evidence you received last year related to Gary Stanley Bennett’s Brevard County, Florida conviction for Helen Nardi’s homicide.
First, Florida Today‘s John Torres reported today in “30 years later, 4 new suspects in Dvorak slaying” that when evidence was received by Orchid Cellmark in connection with William Michael Dillon’s conviction, it – like Bennett’s evidence – was received in unsuitable condition – “The lab, Orchid Cellmark, confirmed to agents that the sample arrived unsealed.”
Second, there is the matter of LabCorp’s pending purchase of Orchid Cellmark, which could potentially take Orchid Cellmark off the hook for participating in conviction corruption.  If your organization has no policies and procedures for reporting evidence received in suspect condition, it certainly should; lives and freedom are at stake.  The FBI’s mandate to investigate public corruption that affects trial outcomes should certainly extent to past officers and board members of forensics testing corporations no longer in existence that took no reasonable measures to ensure they did not abet public servants’ criminal conduct.
Third, there is the matter of the prison facility where Gary Bennett is housed abruptly withholding his epilepsy medication, which could cause his death during a seizure.  My opinion is based on published studies in addition to being a trained EMT and former employee in hospitals, long-term care facilities and a mental health facility, as well as a lifelong sufferer of congenital, volatile epilepsy. Stress exacerbates seizures, and it certainly has exacerbated Mr. Bennett’s seizures to know that evidence that would have cleared him arrived at your facility “washed” and void of testable material, although signed and sealed, as it is far from being the sole current prejudicial treatment of his 27+ years of being persecuted rather than prosecuted.
Had Orchid Cellmark taken action when William Dillon’s evidence was received in suspect condition, it is foreseeable that Brevard would not be so bold in forwarding even more evidence in suspect condition.  Blocking one avenue of Brevard’s predicable corruption fell to you upon receipt of Dillon’s unsealed evidence.  Florida couldn’t terrorize Bennett so thoroughly now had you been proactive in 2008 about Dillon’s evidence.
I ask again that you immediately contact Dallas County District Attorney Craig Watkins and report ALL evidence received within his jurisdiction that showed signs of tampering, emphasizing Bennett’s to ensure his safety.
The prompt response I have requested is reasonable given that Gary Stanley Bennett is in imminent danger.
Sincerely,
Susan Chandler
3008 N 25th St
Ft Pierce, FL 34946
772-466-9874

 

From: Susan Chandler
Date: May 5, 2011 7:02:49 AM EDT
Subject: Gary Stanley Bennett, Jeffrey Charles Abramowski, William Michael Dillon
Thomas A. Bologna, President and Chief Executive Officer
James F. Smith, Vice President and Chief Financial Officer
William J. Thomas, Vice President and General Counsel
Orchid Cellmark
13988 Diplomat Drive, Suite 100
Farmers Branch, TX 75234
Dear Mr. Bologna, Mr. Smith and Mr. Thomas,
I am writing to request specific actions concerning evidence received last year in your Farmers Branch facility that apparently was untestable for DNA.
In 2008, I write to your company concerning your DNA testing a T-shirt for William Michael Dillon’s case from Florida’s 18th Judicial Circuit.  The shirt size was medium.  Big-boned and 6’4″, Bill could probably last squeeze into a medium T-shirt at age 10.  There was a stipulation of record for your facility to expend the DNA, although my research indicated you had the ability to expand it and therefore no need to expend.  I was scared that the prosecutors had duped you into expending the DNA and declaring it inconclusive.  Although it has since stabilized, Bill’s mother’s brain tumor had me frightened that with all the delays, even the best case scenario would free him too late to ever see her again.
At the close of 2008, Bill’s conviction was upset; the third upset conviction within Florida 18th Judicial Circuit involving the testimony of known perjurer and charlatan dog handler John Preston, coached jailhouse informants and other untenable trial tactics.  Juan Ramos was set free in 1987, Wilton Dedge in 2004. Altogether, the men spent 54 years behind bars.  When Gary Stanley Bennett is added, the total will be 81 years, if you help me right now.
I know Gary to be innocent and believe him to be in mortal danger, with this being but a partial list of the reasons: 1) I am told that what Orchid Cellmark received had been “washed,” with nothing left on it to test, although the evidence was signed and sealed, 2) Bennett has been brutally attacked twice in recent months, requiring a trip to the hospital, 3) Gary’s case was transferred to Florida’s 9th Judicial Circuit, which had used John Preston in a death penalty case involving the FBI, resulting in Linroy Bottoson’s likely wrongful 2002 execution, 4) Despite being confronted directly, neither major newspaper in either judicial circuit – Florida Today in the 18th and the Orlando Sentinel in the 9th – has disclosed anything approaching the truth in Gary’s case, including the tainted transfer, 5) the transfer was extended by former Gov. Crist months after it had expired, although the language in the initial transfer clearly called for Crist to be notified by the judicial circuits prior to expiration of the need for an extension, 6) although appeals are pending, Bennett’s case is archived on the county clerk’s website with no register of current activities available, unlike any of the many other cases I am following.
There were multiple weapons used to kill Helen Nardi; it was not neatly done.  Per witnesses, Gary was seen shortly after the homicide wearing the same clothes he had on all day … there was no blood on him.  Gary’s mother health is tenuous; I fear she will not be able to survive the prosecutors, media and innocence organizations continuing to rebury the details of Gary’s case.  The Innocence Project of Florida hasn’t blogged about him since 2009.
Aside from furtively employing attorneys, there is no upside to incarcerating innocents, and there are many more to free from Florida’s 18th and 9th Judicial Circuits – William “Tommy” Zeigler, John Dobbs IV, Monte Adams, Crosley Green and more.  The 9th and 18th often tag team those they wish to persecute, and trade favors on those they wish to receive wrist slaps – with 9th Judicial Circuit State Attorney’s IT employee Michael Emmons being an example of the latter.  Some of the information he leaked was on one of Central Florida’s most high-profile cases.
What I am asking of Orchid Cellmark today is that it help me free two men at once – Gary and Jeffrey Charles Abramowski – and make it absolutely impossible for the FBI to continue to refuse to investigate the conviction corruption, per their mandates.
A Florida Department of Law Enforcement “expert” testified in Jeff’s case that two out of 15 markers was a hit due to a unique factor at D18S51.  I researched the allegedly unique factor – 17.3 – and found that paternity tests found it in one out of 16,500 males.  Judy Foley and Michael Bruce Foley’s DNA was admittedly a direct hit, with Judy’s hair clutched in the victim’s hand.  Judy escaped justice by dying, her son’s drug habits may have him escape justice soon, too, but perhaps not before killing again.
Please decide … this very day … to be proactive in maintaining an immaculate corporate image.
Please report the condition of the evidence that you received in connection with Gary’s case directly to D. A. Craig Watkins, and discuss with him the obvious need to not let Florida mess with Texas.  Please advise him of Jeff’s case, so that he can request court documents for your interpretation of the DNA tests and testimony so that he can ascertain how very likely the condition of the evidence in Gary’s case was no accident.
Two of Gary’s sibling have died while he’s been incarcerated.  Jeff’s two children have grown up without him.  If this means nothing to you, consider this:
Apparently unwilling to accept an Ohio federal courts 1983 finding in Dale Sutton’s upset conviction that John Preston was a perjurer and a charlatan, Judge Gilbert Goshorn, since retired, directly tested Preston and found he couldn’t track a fresh scent the length of a football field, and concluded that the only way Preston could have provided testimony against Juan Ramos was to have been fed information.  Former assistant prosecutor Sam Bardwell has publicly stated that he quit working for the 18th Judicial Circuit to avoid participating in the fabrication of evidence.  You will likely soon be embroiled in discredited dog handler Keith Pikett’s cases, and will need to be free of external pressure to act inappropriately.  You need to know things that I know – that Florida Senate President Mike Haridopolos is the son of a former FBI agent who actively supported the reelection of Brevard County Sheriff Parker, like[ly] because Parker will not investigate his deparment’s role in Preston frame-ups.  Multi-year Florida International University “scent evidence” grant recipient Kenneth Furton showed up in Texas to testify FOR Pikett in anything but scientific manner.
Please preserve your corporate credibility by immediately contacting D. A. Watkins … be on record as being intolerant of being on the receiving end of suspect evidence.  Because I believe Gary to be in mortal danger, I hope you will rush to respond by close of business tomorrow.  Additionally, Bill Dillon’s compensation is before the Florida Legislature, and if not immediately challenged (if granted at all), will be $20,000 less per year than other exonerees receive due to the bizarre machinations of the 18th Judicial Circuit prosecutors and will likely gag Bill from discussing the details of his frame-up, unduly protecting the officers and prosecutors who cost him 27 years of his life.
Thank you for your time, gentlemen; I look forward to a prompt response.  Should you feel you need supporting documents for any of my statements prior to approaching D. A. Watklns, just let me know.
Sincerely,
Susan Chandler
Case number search feature, Brevard County Clerk of Courts “eFACTS” electronic fully automated case tracking system – http://webinfo4.brevardclerk.us/facts/caseno.cfm?CFID=19287969&CFTOKEN=29699443 – please use 05-1983-CF-002375-AXXX-XX to find Gary and 05-2002-CF-063402-AXXX-XX to find Jeff. Thank you.)
 
 

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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1 Response to LabCorp, Bank of America, Antitrust and Tinkerbell …

  1. Susan Chandler says:
    January 13, 2012 at 4:41 am

    Again, I must apologize for the disheveled appearance of a post and extend the offer to forward an original copy via request here in the comment section. The request can be kept be kept confidential through my not publishing it.

    Like

    Reply

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