To Be Cured By
Vol. 4 Edition 1-
Thought Provoking News, Behind the
Issues Preliminary Injunction Restraining
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.
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
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
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
# # #
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
JAIL's very informative website is found at www.jail4judges.org
JAIL proposes a
unique new addition to our form of government.
JAIL is powerful! JAIL is
dynamic! JAIL is America's ONLY hope!
JAIL is spreading across America like a
fast moving wildfire!
JAIL is making inroads into Congress for federal
JAIL may be supported at P.O. Box 207, N. Hollywood, CA
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"..it does not require a majority to prevail,
but rather an irate, tireless minority keen to set brush fires in people's
minds.." - Samuel Adams
"There are a thousand hacking at the branches of
evil to one who is
striking at the
-- Henry David Thoreau