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** Kangarooitis Disease To Be Cured By J.A.I.L.**

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  • jail4judges
    J.A.I.L. News Journal _____________________________________________________ Los Angeles, California June 30, 2003
    Message 1 of 1 , Jun 30, 2003
      J.A.I.L. News Journal
      Los Angeles, California                                          June 30, 2003
      HotSeat4Judges/M-Th/5pmPT   TheJAILerMakers   What?MeWarden?
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      Kangarooitis Disease
      To Be Cured By J.A.I.L.

      American Family VOICE 
      Vol. 4 Edition 1- Jun/03
      Thought Provoking News, Behind the Headlines

      Issues Preliminary Injunction Restraining Order
      Against Dr. Gary Axley
      by Jane Williams
      Dr. Gary Axley rose from the witness chair and began to walk toward his seat behind the defense table. Before he had reached his seat, Judge Barry Sims, Pulaski County 7th Circuit Court, began to read his printed decision. In disbelief and despair at such a gross miscarriage of justice in issuing a decision which had apparently been written before the hearing (trial) began, patients of Dr. Axley and their loved ones held back tears and anger as they pondered how the ruling of Judge Sims would affect their lives. As these individuals, many who are receiving life-saving cancer treatments only available to them in Arkansas through Dr. Axley, filed out of the court. They hugged and shook hands with their doctor. Their words and eyes showed their love, respect and appreciation for this man who, free of charge, attempts to help their bodies heal.
      Since the beginning, AFV has covered the suit filed by Attorney General Mark Pryor against three alternative health care providers. Articles were printed in the Oct., Nov., and Dec. 2002 issues. A complete copy of the suit can be found at www.quackwatch.org/02ConsumerProtection/AG/AR/herbal-healer.html.
      Many consider it an honor for a health care provider's name to appear on the Quackbuster website since this site only supports conventional (allopathic) medicine and demonizes traditional (alternative, complimentary, natural) health care. Another informative site is www.herbal-healer.com. Basically the AG's suit against Gary Axley of Waldron, Marijah McCain of Mountain View, and Robert Maki of Eureka Springs, charges them with deceptive trade practices, posing as naturopathic physicians and being public nuisances endangering the welfare of Arkansas citizens.
      Many statements of fact in this apparently contrived suit are blatantly false and the entire suit shows a lack of knowledge of naturopathy and traditional health care. It has been reported that the AG's offices received more letters, phone calls and emails pointing out the faults of the case than any case ever brought by the AG's office.
      According to what we have been told, not one consumer, patient, or student of any of the three health care providers has filed a complaint with the Attorney General. When asked who brought the complaint against the health care providers, Mr. Brooks of the AG's office did not provide any names. The entire case from the beginning appeared to be politically motivated to shut down traditional health care and firmly establish a medical monopoly in Arkansas controlled by the pharmaceutical industry which controls allopathic medicine today and wants to control food supplements and all health care tomorrow, especially naturopathy.
      Dr. Axley has plans to build a cancer treatment facility where patients will be treated free of charge. Cancer is big business. Was this suit brought to prevent him from building the free treatment facility? Short wave reports from MDs and DOMs who subscribe to traditional health care had stated that at allopathic conferences they had been told that offers were being made to attorney generals across the US to get them to bring suits against traditional health care providers. Is Arkansas a test state? We don't know, but it sure looks that way.
      One of [the prosecution witness] "experts" was Dr. Ray Jouett, an elderly neurological surgeon who had served on the Arkansas State Medical Board. He has no training and apparently little knowledge of alternative health care. When questioned about different fields of study in alternative health care, he stated, "I don't even know what they are." Shortly thereafter he referred to herbal supplements as, "...worthless treatment."  Dr. Jouett seemed to believe that anyone who was ill who did not go to a medical doctor immediately, but who chose to go to an alternative practitioner, was wasting valuable time on "worthless treatment." Apparently he did not believe the patient had the right to choose.
      When defense attorney Dyer used the term "allopath", Judge Sims asked what the term meant. When the defense attorney tried to enter into evidence a certified copy of the Scope of Practice for Doctors of Oriental Medicine secured from the Arkansas Secretary of State, Judge Sims first accepted it and then after glancing at it, refused to accept it as evidence because, "It doesn't make any sense." [This document details legally what a licensed Doctor of Oriental Medicine can do in Arkansas.]
      Repeatedly, when the defense attorney objected and Judge Sims rejected the objection, and the defense attorney asked for the reason for his rejection, his reply was, "Because I said so."  Dyer respectfully explained attorneys need the judge's reason for rejection so they can state it in an appeal. After repeated requests by Dyer for the judge's reason for various rejections, Sims stated, "I don't have to state my reason for the rejection. It is because I said so."  ....
      .... [Please realize it did not make any difference what the testimony included. The decision had apparently been made before the hearing began.]
      Some time after 3:00 PM, the defense called Jim Moss as the FIRST witness. ... This witness was excused and the defense started to call its SECOND witness. Judge Sims intervened and said, "You've got 18 minutes until the Court Reporter turns into a pumpkin." In short, the Judge was allowing the defense only 18 more minutes for witnesses and summation. ...
      In desperation, doing the only logical thing, attorney Dyer decided not to use her 18 minutes to call patients to testify, but to recall Dr. Axley to the stand. You know the rest, since this article began with the judge reading his printed decision before Dr. Axley was even seated after testifying.
      The false statements in this Preliminary Injunction are not digestable. "Exigent circumstances exist and that Defendants' activities pose an immediate risk to health, welfare, and safety of the public. Irreparable harm will occur if these Defendants are not immediately enjoined from the complained of activities.  Plaintiffs claim that the anticipated injury from the Defendants' activities outweigh any potential harm the injunction will cause the opposing party, and the restraining order is in the public interest." That is the opening statement, then seven restraints are listed.
      Sitting and observing a pretense of justice in a kangaroo court is frightening. Webster defines a kangaroo court as, "a mock court in which the principles of law and justice are disregarded or perverted." If Gary Axley can be tried in a kangaroo court, and a judge can print his decision prior to the trial, the rule of law is no longer in existence in Arkansas.
      #   #   #
      American Family Voice
      P.O. Box 127
      Russellville AR 72811

      When picking up the mail today, included was a complimentary copy of the June issue of American Family VOICE; and directly beneath the above article on the front page is a reprint of the article sent as a J.A.I.L. News Journal "The History and Mission of J.A.I.L. for Judges" accompanied by the photograph of Ron taken from the J.A.I.L. website. Ron remarked how well it was reproduced. The article was published in its entirety and is certainly appreciated. It's quite valuable when a newspaper prints JNJs for the benefit of the many who do not have email. The Editor of AFV is Loretta Weston who is on J.A.I.L.'s email list, and we encourage  J.A.I.L. subscribers to contact the AFV at the above email address with your comments. Order a copy of the June issue to read the entire article posted above, and see how nice the J.A.I.L. post appears.
      Again, thanks to Loretta for the valuable service she is providing.
      J.A.I.L. is an acronym for Judicial Accountability Initiative Law
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