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Yet another legal victory in beating fraudulent HIV 'assault' charges

Wednesday, November 20, 2013 by: Ethan A. Huff, staff writer
Tags: AIDS, HIV, assault charges

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(NaturalNews) The highly questionable testing process for diagnosing HIV and AIDS has received a major blow following the federal government's recent withdrawal of HIV-related criminal charges against a military airman. The 34-year-old unnamed serviceman at Seymour Johnson AFB in North Carolina had earlier been charged with sexual assault for engaging in unprotected sex while supposedly being HIV-positive, allegations that the Office of Scientific and Medical Justice (OSMJ) successfully challenged and had withdrawn.

The airman, whom the federal government back in March 2011 accused of assaulting three partners by having unprotected sex with them while failing to disclose his alleged HIV-positive status, had undergone tests for the disease that never actually confirmed an HIV-positive status. Yet he faced a dishonorable discharge, lifetime registration as a sex offender and a felony conviction that could have landed him in the slammer with an eight-year prison sentence, serious consequences that prompted OSMJ to step in and fight in his defense.

A non-profit investigative agency comprised of legal, medical and scientific experts who combat injustices related to medical and scientific corruption, OSMJ specializes in defending those like the airman who are falsely accused of HIV-related crimes. Though it is not widely talked about, U.S. Food and Drug Administration (FDA)-approved HIV tests are admittedly incapable of indisputably diagnosing HIV. In fact, HIV tests have never even been proven to detect the presence of HIV, something that HIV test manufacturers discreetly admit in their product materials.

Illegitimate HIV tests have been used to convict many people of false crimes

But these phony tests are used all the time as legal weapons to prosecute individuals for crimes that they technically never committed. In this case, the accused airman was charged with crimes that he could not possibly have committed, because tests failed to prove his HIV-positive status at the time of the alleged crimes, or that he was ever even infected with HIV in the first place. Additionally, OSMJ was able to uncover evidence that the U.S. Military's HIV Research Program (MHRP) engaged in misconduct with regard to its criminal case against the airman in question.

Such misconduct included United States Air Force (USAF) prosecutor Captain Mark Rosenow pressuring a key defense witness not to testify in the airman's defense. Dr. Gregory Hendricks, Ph.D., a renowned biochemist and associate professor, had previously agreed to examine samples of the airman's blood using a special testing process known as core electron microscopy, which more than likely would have revealed an HIV-negative status and thus vindicated the airman. But following a series of email correspondences sent by Capt. Rosenow, Dr. Hendricks suddenly backed out of testifying in support of the defense.

Had OSMJ not taken an interest in the case and agreed to investigate it further, it may have proceeded like thousands of others before it, leading to a false conviction. Not only did OSMJ uncover the extensive corruption that led up to the accusations, it also exposed Capt. Rosenow for dissuading a key witness from testifying in a criminal case, which is a felony violation of federal and military law. And while this represents a major victory against the fraudulent HIV testing process, OSMJ believes many others have been tried and falsely convicted on similar unsubstantiated grounds.

"Based upon this and other military cases, OSMJ believes that thousands of service members may have been improperly tested and diagnosed as infected with HIV since the 1990s," says the group. "Evidence uncovered by OMSJ suggests that MHRP deviated from numerous military and defense directives, which resulted in the forced departure of hundreds of healthy and honorable service members who prematurely and unnecessarily lost their careers and were subjected to unnecessary immune-compromising treatments."

OSMJ appeal of similar case could put an end to all HIV-related military criminal cases

One such service member is USAF Sergeant David Gutierrez, who requested the assistance of OSMJ after being convicted of adultery and aggravated assault for allegedly exposing multiple sex partners to HIV at swinger parties. Gutierrez was sentenced to eight years in prison at Ft. Leavenworth Federal Penitentiary, after which time he will be dishonorably discharged. But OSMJ has filed an appeal set to be heard on December 16, 2013, which could put an end to the military's use of phony HIV tests as a weapon in criminal cases.

"The Gutierrez case has the potential to remap the landscape of HIV testing and prosecution in the United States military," says Kevin McDermott, Gutierrez's attorney. "With any luck, we will soon see the end of HIV test results being used as a basis to convict a serviceman for aggravated assault."

For a more thorough understanding of the HIV/AIDS testing hoax, be sure to check out the acclaimed Brent Leung documentary House of Numbers:

Sources for this article include:




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