From: Susan Chandler
Date: December 5, 2011 1:10:53 AM EST
Cc: firstname.lastname@example.org, ASKDOJ <ASKDOJ@usdoj.gov>, Rick.Scott@eog.myflorida.com, email@example.com, firstname.lastname@example.org, Tampa Division <Tampa.Division@ic.fbi.gov>, email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com, 1800DNATEST@orchid.com, Joan Gulliksen <firstname.lastname@example.org>, email@example.com, firstname.lastname@example.org, email@example.com
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.
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.