ARCHIVE 4/30/00 TO 5/7/00

CONTENTS: (Click to read.)

Click NEWSMAKINGNEWS:  COINCIDENTALLY, MY DEAR...
Danforth, WACO, Cargill, Monsanto. What experiment? 


Click. Genetically Engineered (GE) crops contain antibiotic resistance marker genes, bacteria genes, and virus genes. None of these have ever before been part of the ecosystem or the human diet.

CLICK. THE SANTA ROSA, ROHNERT PARK, SONOMA COUNTY POLICE SHOOT 'EM UP  DATA DUMP! 1996 to TODAY!

WHO PROTECTS HALEIGH MARDEUSZ? 
by Virginia McCullough, BayCities Observer CLICK.

Click. WHISTLE BLOWERS ARE NOW POLITICAL DISSIDENTS By Rayelan Allan

WHO IS TED L. GUNDERSON?   IS HE AN INFORMANT OR A U.S. INTELLIGENCE OPERATIVE?
by Virginia McCullough BayCities
Observer.  CLICK.

Click. HOW 99% OF ALL INDICTMENTS CAN BE THROWN OUT OF COURT!

Click. GERMAN RESEARCHERS GET SUPER NETWORK.
Click. ENJOYING YOUR KELLOGG'S GENETICALLY ALTERED CEREAL THIS MORNING?
Click. NO MORE HOOKY: BAR CODES FOIL WOULD-BE TRUANTS!

Click. OFFICIAL INVESTIGATION REVEALS AIR CRASH INVOLVING STANSFIELD TURNER CAUSED BY NEGLIGENCE.

CLICK. EYEWITNESS REPORT FROM NASHVILLE - ART BELL CASE vs. TED GUNDERSON, et al.   Judge denies Gunderson's motion to throw out the case

U.S. COMMISSION ON CIVIL RIGHTS REPORT RELEASED!  IT TANKS THE SANTA ROSA AND ROHNERT PARK POLICE. [But the unpublished appendices tell the real stories.] Click to read report. 

TO READ ARCHIVE (4/24/00 TO 4/29/00), CLICK.  


NEWSMAKINGNEWS:  COINCIDENTALLY, MY DEAR.... 

Picture: World Agricultural Forum attendees discuss the status of African agriculture (left to right) Gerard Acogny, representing the government of Senegal; Mohamed Elmad Ahamed, director general Indian Ocean Management Company; Kadiatou Koite, spouse; and The Honorable John C. Danforth, chairman of the Advisory Board, World Agricultural Forum.

Senator John C. Danforth, through his Monsanto Missouri ties, is very interested in agribusiness and its latest developments.  Click.  Former Vice President Danforth Quayle gave orders in 1992 to the Food and Drug Administration that "GE" (genetically engineered) crops are "substantially equivalent" to regular crops and foods, and do not have to be safety tested or labeled, even though they contain unique, altered genes, and can be patented.  Why is Monsanto's politician Senator Danforth, heading the investigation of WACO? Monsanto and Cargill are involved in joint venture research.  Cargill was a key investor and join venture partner with the now bankrupt First City Financial Corporation, a WACO firm.  [Was First City financing agribusiness?] The lead law firm listed on First City Financial's 1998 registration statement is Weill Gotshall, of which federal Judge Sporkin, recently retired, is now a member.  Danforth's last big play relating to Monsanto occurred when he pushed President Bush to nominate former Monsanto lawyer, Clarence Thomas, for the Supreme Court.  What kind of an experiment, if at all, was WACO?

"Genetically Engineered (GE) crops contain antibiotic resistance marker genes, bacteria genes, and virus genes. None of these have ever before been part of the ecosystem or the human diet."

Des Moines Register, Guest Editorial, May 4, 2000

ORGANIC INDEPENDENTS                 Organicworks!
James A. Riddle and Joyce E. Ford © 2000
Rt. 3 Box 162-C, Winona, Minnesota, USA, 55987-9514
Ph/Fax:  507-454-8310
E-mail:

My name is Jim Riddle. I am a native of Colfax, Iowa. I now live near Winona, MN. I have been an organic inspector for 14 years, and was founding president of the Independent Organic Inspectors Association. I have trained hundreds of organic inspectors worldwide. I am a member of the U.S. delegation to the Codex Commission on Food Labeling, and chair the Minnesota Department of Agriculture's Organic Advisory Task Force.

I am writing today because I am very concerned about recent remarks made by Iowa Gov. Vilsak in support of genetic engineering. In this article, I will enumerate some of the environmental, economic, and societal concerns associated with the GE crops that have been released. 

Science is now showing that GE crops have unanticipated ecological impacts:

 ** Research at Cornell and Iowa State Universities has confirmed that Bt corn pollen kills Monarch butterflies and other lepidoptera. This impact on non-target species was not predicted prior to the release of Bt corn.

 ** Research in Europe shows that GE crops damage beneficial insects, including lacewings and ladybugs. Beneficial insects that prey on aphids which have consumed Bt toxins have lower survival and reproduction rates than those which feed on healthy aphids. This impact was not researched or anticipated prior to release.

 ** Toxins from genetically engineered Bt crops accumulate in the soil, killing organisms and altering soil ecology, according to research at New York University. The GE Bt toxin was found to exude from the roots of living Bt corn plants. After 234 days, the toxin had not degraded. The research abstract concludes "there may be a risk that non-target insects and organisms in higher tropic levels could be affected by the toxin." This is a huge, and previously unanticipated, issue.

  ** Genetically engineered Bt toxin is significantly different from the topically applied Bt sprays which have been used by organic growers for 50 years. Natural Bt must be digested by an insect and react with enzymes and digestive acids in order to be toxic. Left on plants, it degrades under UV light in a matter of days. GE Bt is an active toxin found in every cell of the altered plant. It is not dependent on digestive enzymes and acids to become actively toxic, and it does not degrade in UV light.

 ** As confirmed by the EPA's recently published restrictions on Bt corn,
it is inevitable that insecticidal GE crops will result in pesticide resistant pests, because the GE toxins are present in every cell of every plant at all times. Any biologist or entomologist knows that this is a recipe for resistance. As insects develop resistance, organic growers will likely lose access to a previously effective, selective, least-toxic, and natural pesticide.

 ** Research in Canada shows that herbicide resistant canola cross-pollinates with wild and domestic relatives, creating "super weeds" which are resistant to herbicides.

 ** And despite what the biotech industry would like us to believe, farmers are spending more on pesticides than ever before.

GE crops are bad for the U.S. economy: 

 ** US corn exports to Europe dropped by 96% in 1999 because we cannot
provide non-GE corn.

 ** US soybean sales to Europe dropped from $2.1 billion in 1996 to $1.1
billion in 1999.

 ** Genetic engineering is part of a failed farm policy which is driving farmers off the land. The USDA predicts corn prices below $2/bu through at least 2001 and soybean prices below $5/bu through 2004.

 ** Major buyers in Europe, Japan, Canada, and Mexico don't want GE crops.

 ** Domestic buyers, including Frito-Lay, Gerber, Heinz, Seagram's, Whole Foods, Wild Oats, North America's largest potato processor, and the entire sugar industry want non-GE crops.

GE crops are having a negative impact on family farmers:

 ** GE seeds cost more, yet may yield less. 40 research plots in 1999 showed that Roundup Ready soybeans yielded 4% less than non-GE varieties.

  ** The November 1, 1999, issue of Chemical and Engineering News reported  that DuPont and Monsanto together own 73% of the seed corn companies in the U.S. Novartis, Dow, and Cargill own most of the rest. In the face of this concentration, farmers have few planting choices, and most of the best genetics are bundled with GE traits.

 ** For corn farmers, the share of a farmer's gross income spent on seed and chemicals has risen from 9.5% in 1975 to 16.9% in 1997. For soybean farmers, the share spent on seed and chemicals has risen from 10.8% to 16.3%.

 ** Over 30 patents have already been issued for Terminator and Traitor technology, which is designed to make farmers chemically dependent and prevent them from saving their own seeds. This is the most transparently greedy and ecologically dangerous technology of all.

 ** Farmers who plant GE crops must sign licensing agreements allowing biotech companies unlimited access to their farms. The farmers don't buy the seed - they only lease the right to grow it.

 ** Farmers who save their own seeds are subject to investigation, harassment, and litigation by biotech companies. This is well documented.

 ** Farmers whose crops have been subjected to genetic drift have even been investigated and accused of saving GE seeds without having signed licensing agreements.

 ** Farmers are being exposed to unprecedented economic and environmental risks, with no protection from biotech companies. Biotech companies carry no insurance, because the insurance companies claim that genetic engineering is an "unquantifiable risk."

 ** Farmers who plant GE crops may be liable for contamination of neighboring non-GE and organic crops due to genetic drift.

 ** Genetic pollution is another unanticipated consequence of GE technology, especially for wind and insect pollinated crops such as corn, canola, potatoes, and squash. Genetic drift is a huge issue for organic growers, since genetic engineering is prohibited by all organic standards in the world, and consumers expect organic foods to be free of GE ingredients.

 ** The development of GE-free labels is not the answer. Segregation and certification of non-GE crops  places the burden on farmers and consumers who want to avoid genetic engineering, rather than on the corporations who profit from the technology. On the other hand, a state wide moratorium presents a huge economic opportunity for Iowa farmers and processors.

Genetically engineered foods are being rejected by consumers:

 ** The British and Portuguese Medical Associations are calling for a global moratorium on the planting of GE crops.

 ** Research in Great Britain has shown that rats developed tumors when fed GE potatoes.

 ** Research also shows that incidences of soy food allergies have increased corresponding with the sale of Roundup Ready soybeans.

 ** GE crops contain antibiotic resistance marker genes, bacteria genes, and virus genes. None of these have ever before been part of the ecosystem or the human diet.

 ** Germany has banned all planting, growing, and selling of GE corn produced by Novartis, based on research published in Freiburg, Germany, that showed the GE corn can cancel out the effect of antibiotic treatments for illnesses because the corn has been modified to resist certain antibiotics.

 ** GE crops have been rushed to market without proper testing, and with no labeling. The regulatory process has been shrouded in secrecy and conflict of interest. Under orders from Vice President Dan Quayle, the Food and Drug Administration ruled in 1992 that GE crops are "substantially equivalent" to regular crops and foods, and do not have to be safety tested or labeled, even though they contain unique, altered
genes, and can be patented.

 ** The FDA's own researchers found that genetic engineering could have unpredictable consequences, and urged caution, yet their objections were overruled. To this day, there is still no sound science which proves GE crops are safe for the environment or human health.

 ** A January 1999 Time magazine poll revealed that 81% of respondents want genetically engineered foods to be labeled. A January 2000 MSNBC poll showed identical results.

 ** The Mexican Senate just unanimously passed mandatory labeling legislation.

 ** The European Union, Australia, New Zealand, and Japan already require genetically engineered foods to be labeled, a right recently confirmed by the United Nations BioSafety Protocol agreement.

Genetic engineering raises a host of unanswered questions:

 ** What are the long term impacts of increased Bt toxins on soil ecology?

 ** How can genetically engineered toxins be removed from the environment
once they have been introduced?

 ** What are the impacts of one spliced gene on a target organism's genome? What are the impacts on the ecosystem into which the transgenic organism is released?

 ** What are the impacts on livestock which consume GE proteins?

 ** Why do cows, when given the choice between GE corn fodder and non-GE fodder, consistently choose the non-GE feed?

 ** Why do farmers complain about burning lungs after breathing Bt corn dust?

 ** Could there be a relationship between GE crops and frog mutations? 

 ** Organic farming, which takes care of the earth, is the fastest growing sector of agriculture, with tremendous domestic and international consumer demand. How much money does Iowa State spend on organic agriculture research in comparison to the budget for GE research?

 ** How much information do Extension Educators provide on organic production practices?

 ** Is there a "revolving door" between the biotech industry and Iowa State University?

 ** Are Iowa State researchers encouraged to conduct "public interest" research, or are they funded to conduct "corporate interest" research?

 ** Is research suppressed if the findings contradict the claims and agendas of biotech companies?

 ** What is Iowa State's liability exposure in supporting and promoting genetic engineering?

 ** Just because something can be done, does that mean it should be done? We can kill bugs with DDT, or kill plants with agent orange, but that doesn't mean it's smart.

 ** Shouldn't sound science be used to establish a product's safety before
it is released into the environment and placed in the food chain?


THE BAYCITIES OBSERVER
Virginia McCullough

"Have I missed the  mark, or, like a true archer,  do I strike my mark?
  Or am I a prophet of lies, a babbler from door to door?"
                                                      Cassandra, as reported by Agamemnon.                          

© 2000 Virginia McCullough. All Rights Reserved. Use only with written  permission.              

WHO   PROTECTS   HALEIGH   MARDEUSZ?

There was a recent uproar in Marin County when a group of people, thoroughly fed up with the courts and their lack of justice, began a recall campaign.  This action followed a report written by Karen Winner that severely criticized the cronyism and conflicts of interest that exist between certain judges, expert witnesses and favored attorneys.  The Marin Independent Journal and The Coast Writers Syndicate have recently covered the story. Click  

At the very center of this debate is a woman named Carol Mardeusz who has become the focus of the prosecutors and judges in both Sonoma and Marin Counties.  An inordinate amount of time and money has been spent to discredit and jail this mother of two daughters.  If one listened to the trials this woman has had to endure since 1995 one would wonder if she is not Public Enemy No. 1.  Why is so much time and effort being devoted to the hounding and persecution of this single mom?

Perhaps it is because Carole Mardeusz, her teenage daughter Natalie Mardeusz and her youngest daughter, Haleigh, have testified in police reports that the man who confessed to kidnapping and murdering Polly Klaas in October of 1993 might have had an accomplice.  That type of information would not go over well with the local law enforcement and the FBI who diligently worked to convince a nation that Richard Alan Davis was the sole perpetrator in the killing of America's Child.

Mardeusz gave the Petaluma Police Department a report that her Polly look-alike daughter Natalie, and her girlfriend, Click had been stalked by a man answering the description of Richard Alan Davis a full two weeks BEFORE the kidnapping of Polly Klaas.  Within the month following the kidnapping Mardeusz obtained the license number of the car she and her daughters had seen Richard Alan Davis entering.  Nothing was done about these reports but the Mardeusz family was listed as "Petaluma Witnesses" in the trial of Richard Alan Davis, only to be eliminated later by Sonoma County District Attorney Mullins. The Mardeuszs are Brady witnesses in the Davis/Klaas case.

Carol's young daughter, Haleigh, had been  fathered during her brief affair with a man named Leo Magers.  Haleigh was born on October 27, 1990 and she will soon be 10 years old.  Her mother provided a collection of pictures of Haleigh to this reporter.  Click  Magers has a long documented history of physically abusing women.  Magers lives in Rohnert Park and many reports were made to the Police Department there about his abuse of various girlfriends.

Ignorant of these accusations, Mardeusz wanted her daughter to have a father figure in her life.  Although she worked as a court reporter, Mardeusz also needed financial support for her child.  She went to Toni Novak, a supervisor of Sonoma County Legal Services.  Magers' response to Mardeusz' pregnancy was to try to force her to have an abortion and when that failed, he denied paternity in a paternity action.  The Sonoma County District Attorney forced him to do a blood test to determine paternity.  This angered Leo Magers.

According to court records Magers retaliated--beginning a continuing escalation of physical and sexual abuse against his own daughter and threats against Mardeusz if she reported her child as a victim.  The court records indicate that when Haleigh was six months old Magers held Haleigh by one of her legs dropping her to the floor when he blacked out from alcohol.  In 1991 two neighborhood boys in Magers' Rohnert Park neighborhood saw Magers swear at the child and throw her onto the hood of a car, while he was drunk.  Because of this incident [10/31/91] Mardeusz took steps to protect her child by filing a custody/paternity action in Sonoma County [Case No. 194243] on November 27, 1991.  On February 24, 1992 the Sonoma County Superior Court ordered full legal and physical custody of Haleigh to the mother and ordered that Magers be allowed only supervised visitation.  Later the father lost all visitation rights because he did not comply with the court order that he undergo a probation study.

The abuse of the child by the father continued.  The court records state that Haleigh reported to her mother that Magers had squeezed her neck in an abusive way, on more than one occasion.  The mother reported this to her pediatrician Donald Hensley, M.D. at Kaiser Hospital.  The doctor documented the child's cervical pain in a letter dated March 6, 1995 that was entered into the court records.

During 1993 Magers' continued his abuse of Haleigh.  The child reported to the mother that Magers physically and sexually abused her by hitting her and poking her in the "pepe".  Five different reports by five different people document the reported abuse by the father.  The most interesting ones are the Child Protective Services Reports dated 6/17/93 to 2/8/94 by Doris Sami, PhD.  This same woman was also to figure prominently in the Polly Klaas Case. Sami had to be aware that the Mardeusz case and the Klaas were intertwined.

During 1993 Magers had a girlfriend named Tina Bob.  Court records state that Magers continually beat her and gave her a black eye and a broken arm.  He was also her cocaine supplier.  In fact he bragged about this under oath when he testified against Tina Bob on behalf of her ex-husband, Jerry Bob, who wanted custody of their children [Solano County Court Case No. F-024625].  Magers admitted under penalty of perjury that he abused alcohol and cocaine and purchased and distributed the drug.

Throughout 1994 Haleigh continued to report to both her mother and her sister that Magers and his mother, Dr. Betty Magers, were both physically and sexually abusing her.  In Marin County the Novato police received a complaint about Betty Magers because this city is her place of residence.  Novato Police Report No. NP 94004692 dated January 26, 1995 by Officer Brett Gripe noted that on December 12, 1994 during an interview with Betty Magers, she stated that "Leo does have a problem with alcohol.........".  Dr. Betty Magers was employed as a psychologist at Kaiser Hospital in Solano County.

Apparently Magers' problems were well known within his family because on February 6, 1994, his own sister, Lynn, had reported that Magers had molested Haleigh [ See Petaluma Police Report No. 95-1030].  A second Petaluma Police Report [94-8464] dated 8/3/94 by Officer Tommasi notes that Lynn Magers "observed Haleigh's behavior of the past several years and during this time she has graphically described sexual contacts which are totally inappropriate for a 4-year old child.  On one occasion Haleigh described someone inserting two fingers into her vaginal area."

On February 6, 1995 the Novato Police Department and the Marin County sheriffs  arrested and booked both Leo Magers and Dr. Betty Magers for the sexual and physical abuse of Haleigh.  Click  Dr. Magers and Leo Magers went to a personal friend, a former FBI agent, who gave the two of them a lie detector test that Dr. Magers paid for and the results of this test were then hand delivered to Officer Gripe.  Apparently this test, tainted with conflicts of interest and paid for by the defendants was used, in part, to convince the Marin County District Attorney's office to not follow through with the prosecution of the Magers.     

Court records reflect that on May 25, 1995 Magers was allowed supervised visits following an application for a temporary restraining order by Mardeusz.  The basis for the TRO was that Doris Sami of Sonoma County Child Protective Service had told the mother that Haleigh was molested on four occasions by Magers in his bedroom with "skin to skin contact."  The mother was read this report by Sami who refused to send the mother a copy of the report.  At the suggestion of Sami the mother filed an Emergency Assistance Application and Sami apparently declared Haleigh Mardeusz "at risk"  with the notation "Date child determined to be at risk as of 5/4/95".  Unknown to Mardeusz,  at this time, was the fact that Magers' personal attorney, Catherine Connor, and her law firm, had a contract with Sonoma County to "assist" children "at risk".

Meanwhile, during 1995, the trial of Richard Alan Davis was drawing near in Santa Clara County.  His attorney, Barry Collins, had repeatedly stated in the court records that he could not go to trial before the end of August, 1995. Various and bizarre excuses were used by Collins in some instances, without his client Davis, present in the court room.  The absence of Davis was addressed by both the judge and the prosecution attorneys because, as a death penalty candidate, Davis had the absolute right to be present.  The transcripts reflect Collins' strange demand that the Davis trial not begin until August of 1995.

Sonoma County  Judge Lloyd Von Der Mahden reacted to the ongoing abuse of Haleigh Mardeusz by awarding Leo Magers physical custody of the child on August 31, 1995 based on a probation report of Carol Mardeusz written by Susan Rivetts, dated August 29, 1995.  Sonoma County did not order a probation report for the father.  Dr. Betty Magers gave her son, Leo, information on Munchausen Syndrome to deliver to the Sonoma County Probation Department.   In effect, Sonoma County was now conspiring to deliver the child, Haleigh, into the hands of her abuser.

In September of 1995 Leo Magers burned the front of both of Haleigh's legs with a cigarette.  During a supervised visit Carol Mardeusz and the supervisor noted the burns and the next day Carol took pictures of the multiple injuries.  Click  On September 30, 1995,  during a supervised  turn-over of Haleigh, Magers turned up and took Haleigh with one hand while brandishing a butcher knife at Carol Mardeusz with the other hand.  The supervisor present, Kimala Krchnavi, of the Sonoma County Legal Referral program observed this incident and reported it in a court declaration.

On September 7, 1995, Judge John Gallagher of Sonoma County Superior Court, ordered Carol Mardeusz to see psychologist William Alvarez, PhD.  The judge told the mother that based on Alvarez's recommendations Mardeusz MIGHT be able to see her daughter.

On  October 24, 1996 all Mardeusz' visitation rights were terminated by Judge Cerena Wong following a police report the mother had made to the Rohnert Park Police Report [Report No. 9618040].  On September 23, 1996 the mother had observed large scrapes on Haleigh's chest and reported this to Rohnert Police Officer Gene Fahey who refused to allow the mother to come to the police station to make the report.  Still trying to protect her daughter, Mardeusz documented the cigarette burns and the chest injury to Captain Lyle of the Novato Police Department in a certified letter to him.  Novato Police Officer Kelly Neiss would not allow the mother to come to the police station to make a formal report.

Finally on November 18, 1996, Leo Magers called Mardeusz and told her that,  if she went to the media about his abusing Haleigh, he would kill her and her "two brats".  Magers made this threat because on October 26, 2996, TV-50 was present to observe the hearing before Judge Cerena Wong.  Mardeusz' brother, Paul Van Zandt, was on the phone at the time of the threat and entered a declaration testifying to the threat by Magers. Mardeusz was living in Sacramento County at this time and she obtained a temporary order against Leo Magers in that county and its court made it's order permanent on December 9, 1996.

Sonoma County Superior Court Judge Cerena Wong retaliated by ordering that Carol Mardeusz have no telephone conversation with her daughter, Haleigh.

Several harassment trials were then conducted against the mother by prosecutors in Marin and Sonoma Counties.  Presently the very prosecutor who declined to prosecute the Magers is attempting to prosecute the mother.  How can a prosecutor wear two hats?  Isn't this a conflict of interest for Marin County Prosecutor Paula Kamena?  Is this just another attempt to discredit the Brady witnesses before Richard Alan Davis' appeal of his death sentence in the kidnap and murder of Polly Klaas?  Why are both counties afraid of Carole Mardeusz?

Marin  County and Sonoma County working together, had successfully stole a child from her mother.  It proves that they take care of their own - like Leo Magers and his mother.

BUT THE QUESTION REMAINS - WHO PROTECTS HALEIGH MARDEUSZ?

Copyright 2000
by Virginia McCullough

WHISTLE BLOWERS ARE NOW POLITICAL DISSIDENTS

The Change in the Label Turns a Hero Into a Traitor
Heros Can't be Imprisoned, Tortured and Murdered --Traitors Can Be


by Rayelan Allan ©
Wednesday, 3 May 2000, at 4:05 p.m.


I was speaking with a European journalist today. He told me MSNBC had built a website to highlight articles which have been recently published in Europe and Australia on the bombing of Pan Am 103. These articles show the trail of evidence that leads from Iran to Palestinian terrorists to Frankfurt and finally to Lockerbie.

The official version of the bombing of Pan Am 103 -- the version that is authorized by Washington -- is that Libyans bombed Pan Am 103. 

The version of the bombing that would have been on the MSNBC website would placed the blame of Iran. In the mid 80's, a United States Navy ship shot down an Iranian airliner. Shortly afterwards, the Ayatollah offered millions of dollars to the first person who could shoot down an American Airliner --- An eye for an eye.

MSNBC called the European Journalist and told him that they have canceled the website because of time restaints. In other words, they said they had too many other stories that were occupying their time. They couldn't find the time to do the website. The journalist reminded them that the website was already done and that they had sent him a link to it so he could preview it.

At that point, the journalist was told that MSNBC had heard from its corporate "masters" that the website presented a "dissident" opinion, therefore it had to be canceled.

Shortly before the European Journalist told me this, I had read the Ad that News Max placed in the New York Times -- New York Times Advertisement http://www.newsmax.com/elian_ad.shtml.

One of the paragraphs which leaped out at me was this one --

"Political dissidents are also jailed and tortured. Dissidents are sent
to prisons and are, according to Human Rights Watch, subject to torture,
malnutrition, and sexual abuse."

Because MSNBC as labeled the Lockerbie website as a "dissident view", we now know that Les Coleman is a "political dissident." Coleman presents a view of the Lockerbie bombing that is not politically correct. He states that Iran, not Libya, paid terrorists to bomb the airliner.

Coleman has been subjected to medical neglect which amounts to torture. He has been subject to malnutrition, physical and psychological abuse. 

Coleman had no criminal record until he swore out an affidavit in a civil case involving Pan Am 103. He stated the "dissident" position and was charged with perjury. The judge in the case ordered him not to say anything critical of the United States government.

Les became a talk show host in Lexington, KY. He was preparing to go to Europe to cover the Lockerbie trial. He put out a request for funds on a Lockerbie webpage. Checks were sent from Europe. They turned out to be phoney. Les was charged with being in possession of "fraudulent documents". He was found guilty, but released on probation.

After two days of freedom, Coleman was picked up by federal marshals because his probation on the original perjury charge had been "violated" due to his Lexington conviction. Even though the judge in Lexington gave him probation, the fact that he was found guilty violated the probation he received on the perjury conviction in a civil case. (President Clinton committed perjury in a civil case.)

Coleman was taken from Lexington, KY to Frankfurt, KY. He was there for a week and then sent to Oklahoma City. He was there for a week and finally transferred to New York, where the original charges of perjury were filed.

When you present a dissident opinion in the United States, you are subjected to criminal charges, prison, abuse, malnutrition and torture. 

The excerpt from News Max which was quoted above --- was just the first part of the paragraph. Here is the full paragraph:

"Political dissidents are also jailed and tortured. Dissidents are sent
to prisons and are, according to Human Rights Watch, subject to torture,
malnutrition, and sexual abuse. Cuba is the only country in the Western
Hemisphere that bars inspections of its prisons by the International
Committee of the Red Cross."

In the United States "political dissidents" used to be labeled "whistle blowers" by the alternative press. However, the information that was just given to the European journalist by his contact at MSNBC tells us that the media arm of our government now calls "whistle blowers" --- "dissidents".

American "whistle blowers" have been subjected to prison, torture, abuse, and murder -- just like the "political dissidents" in totalitarian regimes. American "whistle blowers" are treated the same as Castro's "political dissidents". Evidently our Corporate- Government Media Complex has decided to dispense with the "niceties". OUT with the
WHISTLE BLOWER label --- IN with the Political Dissident label.

A "whistle blower" is someone you should admire for his courage and dedication to truth. A "political dissident" is someone who disagrees with his government, in other words, a traitor. Traitors undermine the very stability of the nation. Traitors are less than human. Therefore they can be jailed, tortured and even murdered because no one will raise a finger to help them.

There were two events this week that should scare the hell out of all of us.

Time Warner turned off the cable on ABC. This meant that ABC was blacked out in millions of American homes. This is the first example of mass censorship on cable networks. Time Warner speaks for the New World Order. It has a monopoly control of cable companies in most American cities. In other words, Time Warner now dictates what you will see and hear on your television.

This week Time Warner fired a warning shot across the bow of all television networks. What they told everyone by blocking ABC during "sweeps week" is they control the television market in the United States. "Conform to our dictates, or your company will be blocked from broadcast and will be financially destroyed. "

When the European journalist told me what MSNBC told him, i.e. -- "They could not put up the website because it contained a "dissident opinion", I realized that the corporate office of MSNBC had understood the message Time Warner had just sent television broadcasters. Conform or perish. Broadcast the "party line" or see your company and yourself destroyed.

Hopefully ABC will sue Time Warner... but if they did ... who would broadcast it?

ABC should add a new letter to their name --- The Scarlett "D."

ABCD -- The American Broadcasting Company Dissident.

Publisher's note: This is the URL to the Rumor Mill News webpage http://rumormillnews.com/ The Rumor Mill News Agency.

THE BAYCITIES OBSERVER
Virginia McCullough

"Have I missed the  mark, or, like a true archer,  do I strike my mark?
  Or am I a prophet of lies, a babbler from door to door?"
                                                      Cassandra, as reported by Agamemnon.                          

© 2000 Virginia McCullough. All Rights Reserved. Use only with written  permission.              

WHO IS TED L. GUNDERSON?

IS HE AN INFORMANT OR A U.S. INTELLIGENCE OPERATIVE?

When NewsMakingNews posted the Ted L. Gunderson "Data Dump" people from around the world sent me emails asking,  "Who is Ted Gunderson?"  It was apparent from the respondents that Gunderson has infiltrated researchers and victims involved in everything from the Oklahoma City bombing to mind control and all of the subjects in between.  Many of the correspondents recited their experiences with Gunderson and his most recent satellite, Sue Ford.  All those who wrote were shocked about the material that NewsMakingNews had posted.  Without exception, they all wanted to learn more about this man who had allegedly slandered popular radio talk show host Art Bell.

The Gunderson "Data Dump" was recently introduced in the ongoing trial where Art Bell has accused Ted Gunderson of libel and slander.  Because of this trial, it is important to post as much material about Ted Gunderson  as possible.

Gunderson is 72 years old; he was born in Colorado Springs, Colorado on November 7, 1928.  His own resume states that he is unmarried and has four children.  He has an extensive background in law enforcement and attended the FBI Training School from December 10, 1951 to March 2, 1952.  He served in the FBI  in various positions until his retirement on March 30, 1979.  At the time of his retirement he was Senior Special Agent in Charge of the Los Angeles, California Field Division.  During his tenure with the FBI he often worked directly with the White House Special Inquiries Section dealing with sensitive requests between the FBI and the White House.  He held positions in New Haven, Connecticut, Philadelphia, Pennsylvania, Memphis, Tennessee, Dallas Texas and Los Angeles, California.   During his extensive career, Gunderson formed close alliances with law enforcement in each of these locations.  He also formed close alliances with FBI informants and double agents operating at the street level.  After his retirement he used these coalitions to form Ted L. Gunderson's International Investigators and Security Consultants.

He advertises his services in far right magazines such as Media Bypass.  In November of 1995, his ad appeared that stated, "We will train and inform you about mind control tactics and technology.  We will show you how to shield from ELF and 'Electrostatic Sensory Manipulation'.  We will test for brain implants, tracking chips, and resonant cavities.  Our professional services are expensive (min. fee $3000.00 per week-end class).  TO READ THE MEDIA BYPASS AD (11/95):  Click letter size.  Click expanded size.

Gunderson aligns himself with the militia movement.  However, in the fall of 1996 he ran for the United States Congress in District 1, Las Vegas, Nevada as an Independent American Party candidate.  His four page flyer states his beliefs and his allegations.  He highlights nine subject matters that appeal to "conspiracy buffs" and names eleven specific issues that he would address if elected.  TO READ GUNDERSON'S CAMPAIGN LITERATURE:  Click Page 1.  Click Page 2.  Click Page 3.  
Click Page 4.

Who is this man who would be a United States Congressman?  A two page letter that Gunderson wrote on July 27, 1987 to Senator John McCain reveals Gunderson's desire to convince the federal government that "the Satanic Cult movement is involved in a national criminal conspiracy network".  Gunderson states that he "recently flew to Washington, D.C. and met with congressional officials and furnished them with the enclosed material"  [re Satanic Cults].  Then Gunderson switches gears and addresses the following concern:

"I noticed the enclosed Philip Agee article while enroute from New York City to Philadelphia, Pennsylvania on 7/2/87.  I am sure that you are aware that Agee, a former CIA agent, published a book which identified CIA agents around the world; some of whom were subsequently murdered (probably as a result of this exposure).  Agee is now lecturing throughout the country apparently without fear of prosecution.  Under the circumstances, it is inconceivable that the CIA or Department of Justice would allow him to take advantage of the system he is trying to destroy, without challenging him.  He is obviously a turncoat KGB agent who should be in prison."

"On the other hand, I can document that the Department of Justice has done everything possible, including blackmail, to prosecute me (see enclosed documents).  Since my retirement from the FBI, they have had at least four separate investigations of me.  It makes me wonder if the long-standing goal of the Soviets to infiltrate our Government agencies has been accomplished, in regard to the Department of Justice."

"As a former FBI agent, with more than 27 years of service, who at one time was involved in investigating the Communist Party, U.S.A., and counter-espionage in N.Y.C., I feel more than qualified to ask you to look into this matter".

Gunderson concludes his letter with the following paragraph:

"I also believe that there is a possibility the Soviets are involved to a degree in the Satanic Cult movement in this country."  

TO READ TED GUNDERSON'S LETTER TO SENATOR JOHN McCAIN (7/27/87):  Click Page 1.  Click Page 2.

So is Gunderson just a good American performing his patriotic duty?  What about the four Departments of Justice investigations of former FBI agent Ted L. Gunderson?  What could have caused his former employer to become so interested in the activities of a man who insists that he is just a private investigator?

A letter dated January 18, 1984 from the FBI's Special Agent in Charge Richard T. Bretzing to Ted Gunderson shows that Gunderson had used his connections with the FBI to urge an investigation into the Church of Scientology and the FBI had declined.  TO READ THE FBI'S LETTER TO TED GUNDERSON (1/18/84):  Click.

Personal notes handwritten by Ted Gunderson of CIA to contract agent Michael Riconosciuto show Gunderson urging Riconosciuto to investigate CIA operations in Utah and Paige, Arizona that he alleges is storing children and using the kids to blackmail Senators, Congress, etc and filming the sexual abuse of  children to compromise politicians.  A second note supplies information about the Christic Institute and identifies an informer for the FBI.  TO READ TED GUNDERSON'S NOTES TO MICHAEL RICONOSCIUTO:  Click Page 1.  Click Page 2. 

So, is Ted Gunderson an intelligence operative, an informer, a drugs for arms adventurer or a sponge who gathers information by infiltrating various groups and then profits by selling that information to law enforcement?  The jury is still out, but if anyone can supply more information and documentation about the mysterious Ted Gunderson, I will be happy to write another article.

by Virginia McCullough © 2000

LEGAL LOOPHOLES GALORE

HOW 99% OF ALL CRIMINAL INDICTMENTS CAN BE THROWN OUT OF COURT! 

On April 28, 2000, Judge Kevin Murphy of the Santa Clara County Superior Court  (San Jose, California) dismissed the indictments in the Avant Corp. trade secrets theft case.  Avant argued that incomplete grand jury records destroyed due process.  The Santa Clara County District Attorney had the policy of not recording every verbal exchange between district attorneys and jurors which occurred during the grand jury proceedings.  THERE WERE GAPS IN THE TRANSCRIPTS!  See People v. Avant, Santa Clara County Superior Court No. 206394.  The Santa Clara District Attorney can convene another grand jury regarding the same subject matter.  This will create an immensely complicated and probably contradictory record.

All over the United States, federal and state prosecutors are having these off-the- record discussions with grand jurors and there are gaps in transcripts, when court reporters don't record the chit-chat.  Prosecutors argue that these unrecorded exchanges are  non-testimonial.  Well, what are they discussing--Madonna's new boyfriend? The latest menu at Chez Panisse?   

Is it time for all the defendants in America to get a copy of the Avant brief and get their indictment dismissed.  It's time to end the old adage:  "A prosecutor can get a grand jury to indict a bologna sandwich." 

German Researchers Get a Super Network.

http://scientific-computing.com/cgi-bin/news_frameset.cgi?news=19

"German researchers are celebrating the inauguration of the country's new 2.5 Gigabit per second network for scientific computing.  Among the applications envisaged for the new network is a new generation of virtual reality, the so-called Responsive Work Bench or "Holobench." This will allow data about, for example, the extent of pollution of groundwater to be projected simultaneously onto two desktop-sized screens at right angles to each other.  By donning "shutter specs" which switch the view from one screen to the other faster than the eye can see, researchers will have the perception of a 3-D object floating in space in front of them.  Using a virtual joystick they can turn the object and see it from all sides.  With the Gigabit network, it will be possible to leave the formidable burden of computing such a three-dimensional representation to a distant server while viewing the data locally.  In August 1998, as part of a pilot project for the network in the Bonn-Cologne region, the computers at the Julich Research Center (Cray T3E, Cray T90) and the GMD Research Center for Information Technology at Sankt Augustin (IBM SP2, Sun E5000) some 110 kilometers away, were connected by the first 2.5 Gigabit link.  Distributed processing by several supercomputers of "Grand Challenge" problems in weather forecasting and climate modeling has already become possible due to a further link to the Alfred-Wegener-Institute for Polar and Marine Research in Bremerhaven.  Systemlosungen GmbH, a wholly owned subsidiary of Deutsche Telekom AG is now overseeing the switchover of the country's entire scientific computing communications system from the broadband to the Gigabit network.  In the United States, universities and research centers in southwestern Pennsylvania were connected to a Gigabit communications network in December."


ENJOYING YOUR KELLOGG'S (GENETICALLY ALTERED) CEREAL THIS MORNING? 

Reuters 5/1/00 reports:

     Kellogg Co. shareholders overwhelmingly rejected a proposal to force the cereal maker to stop using genetically altered crops, despite claims from two groups of nuns that the crops are unsafe and put the company at risk for lawsuits. Kellogg is removing genetically altered ingredients from its products in Europe and Australia, where there has been increasing consumer backlash. But the company has declined to do the same in North America, citing lack of consumer interest and insufficient scientific evidence. Several other food companies are being targeted with similar anti-biotech proposals. 

NO MORE HOOKY!  Bar-Code Foils Would-Be Truants
by
© 2000  3:00 a.m. May. 1, 2000 PDT

Kids at Philadelphia's George Washington High School don't cut many classes these days.

Bar-coded identification cards that monitor who comes into the building each morning and track the classes a student attends are making it pretty difficult to skip out. Students who do it anyway are greeted the next morning at school with the shriek of a siren that alerts the school principal and lets him know who was naughty.

The software that works with the cards, called the Comprehensive Attendance Administration and Security System, is manufactured by Laurel, Maryland-based School Technology Management.

NewsMakingNews question?  Are employers using this Bar-Code things too?  Or the military?

OFFICIAL INVESTIGATION REVEALS AIR CRASH INVOLVING STANSFIELD TURNER CAUSED BY NEGLIGENCE.

The Tico times (4/28/00)  reports that the plane crash which serious injured Stansfield Turner, ex CIA director, and killed his wife and others, was the result of negligence:

A Costa Rican tour guide and 13 Spanish and U.S. tourists were hospitalized here. (TT, Jan. 21).

According to Miguel Ramos, director of Civil Aviation, the Czech-built, twin-engine Let-410 had barely touched down at the Tobías Bola-os International Airport when, 11 minutes later, it took off, overloaded, with 15 passengers and a three-man crew, crashing moments later on a Rohrmoser home. A maid and two children inside the house escaped without injury.

The tourists, bound for Tortuguero National Park on the north Caribbean coast, decided to fly at the last minute, after landslides had blocked the Braulio Carrillo Highway that would have been their route by bus.

The investigation revealed that the flight's crew never filled out the required "weight and balance" sheet, and the plane was overloaded.

The crew also never instructed the passengers to fasten their seat belts, nor inspected the belts prior to flight to ensure that they were in working order, the investigation revealed. Nor did the flight crew use mandatory upper-body safety harnesses.

In addition, the cockpit flight recorder was not connected, and the plane's "flaps," which make the craft more stable during takeoff and landing, were not correctly positioned, the report said. Experienced pilots questioned by The Tico Times said Miranda's apparent failure to correctly adjust the flaps could have been enough to cause the accident, especially when combined with an overloaded plane.

The excess and flaps factors combined to prevent the plane from reaching the speed and altitude necessary for takeoff, Ramos said during an April 25 press conference reported by the daily La Nación.

The investigation also revealed that Miranda took off without receiving authorization from the control tower.

The Tico Times learned after the accident that Miranda's previous employer, local air shuttle company Travelair, had fired him in 1998 because he consistently failed to review safety and operational checklists before, during and after flights. Miranda was, nevertheless, considered a skilled pilot (TT, Jan. 28).

Taxi Aereo's general manager, Francisco López, didn't return numerous Tico Times phone calls this week. Nor did Civil Aviation's Gonzalo Sierra.

Sierra told La Nación that the plane's Salvadoran owner, Atlantis Airlines, was responsible for the apparent negligence, since, according to the its contract, it had leased Taxi Aéreo not only the plane, but also the crew, the insurance and the fuel. Nevertheless, Miranda, a Costa Rican pilot, was on Taxi Aéreo's payroll.

The National Insurance Institute (INS) confirmed this week that Taxi Aéreo's insurance policy paid an indemnification of ¢16.5 million ($54,000) to each of the families of the victims who died. The policy also covered medical expenses of the surviving victims up to ¢16.5 million ($54,000) each.

Sierra was reluctant to reveal what types of sanctions would be applied.

Experts from the U.S. National Transportation Safety Board collaborated in the investigation with local Civil Aviation officials. The final report will be ready in three weeks.

EYEWITNESS REPORT  - THE ART BELL CASE AGAINST TED GUNDERSON, et al. 

by Katherine Sullivan © 2000 http://parc-vramc.tierranet.com

The following is an eyewitness report of the Summary Judgment hearing held today (4/28/00) in Nashville, TN concerning Art Bell Sr.'s lawsuit against four defendants:  two radio stations, Ted Gunderson, and a Mr. Hinkson.   You have my permission to pass this on to whomever.  Another person present in the courtroom also took many notes; I hope she will also share them, and her opinions, with you.

I need to clarify that I went to the hearing with an open mind.  I have never listened to an Art Bell show, nor have I ever talked with or corresponded with the man.  For all I knew, Gunderson's allegations could be based in fact.  Keeping this mentality helped me to stay objective during the hearing.  

***************

Today is April 28th, 2000.   The hearing began shortly after 9 AM and finished around 11 in Judge Shipley's courtroom.   The judge was rather petite with straight, short gray hair.  She seemed intelligent and seasoned but admitted that this kind of case was unique in her courtroom ... she usually handles cases ranging from child abuse to car accidents.

She announced that several news stations had asked permission to bring their cameras into the courtroom.  She would not allow this; since the courtroom already had stationary cameras, she said the proceedings would be videotaped.  Tapes of the hearing are available from the court clerk office for $15 plus approx. $4 S&H and will be available in several weeks.

The following information comes from my handwritten notes.  So much information was presented so quickly, there is no way I could write down everything that was said.  I may have made a mistake or two in interpretation, although if I wasn't sure about something that was said, I noted it.

I wasn't able to obtain the correct spelling of names of the attorneys, nor of the potential witnesses they quoted.  I also was not able to obtain the name of the bulky, gray-bearded, balding man identified to me as Ted Gunderson's attorney.

Mr. Fox from Los Angeles verbally represented Art Bell. Another attorney flanked Bell on his other side and participated in a quieter manner. Rick Hollow (sp) represented WWCR, which was one of two radio stations named by Art Bell   in his lawsuit.  I believe this is the Nashville station that aired Gunderson's program. Gunderson's attorney sat next to Hollow.

Rick Hollow began.  His first obvious intent was to convince the judge that Art Bell is a public figure.

Hollow said that his legal group asked Bell to tell them every time he had been on radio, TV, in newspapers, etc. for the last ten years.  He said Bell balked at this request and stated he couldn't be expected to remember all that.

Hollow said that Bell claimed he was syndicated on 480 radio stations with 9 million listeners.

Hollow said that Bell's attorney (Fox?  not sure) recently appeared on Good Morning America and on the Art Bell show, speaking about the recent legal activities.

Hollow said that when a person is a public figure, this "leads to scrutiny of character" on a greater scale than if the person was not a public figure.

He gave excerpts from Bell's website, especially articles that mention issues Bell has addressed on his program, showing that he focused on more than just the nighttime "insomniac niche" who enjoy hearing about "UFO's, ghosts, vampire monkeys" etc.

He said that Art Bell is ranked fourth after Dr. Laura, Howard Stern, and Rush Limbaugh.

He attacked Bell's claim that after 12/97 (when Gunderson's show aired with allegations against Bell), his audience "shrunk."

Fox said that Bell is a "person of notoriety".  He tried to explain the legal difference between a "general, all-purpose public figure" versus a "limited purpose public figure."  He said that the "general, all -purpose" terminology is reserved for presidents, senators, and the like, who address many issues of public concern.

He said that "limited public figure" applies to rock stars, athletes and the like, who have status in the public eye basically because of one issue or talent.

Fox said there is a "quantum leap" between Dr. Laura, Howard Stern, Rush Limbaugh and Art Bell.

The judge mentioned that there is no need for a person to be known nationwide to be a public figure.  She asked how the program was set up and where it was aired.

One of the attorneys said that Hinkson, who made the allegations against Bell on the Gunderson Intelligence Report radio show on 12/9/97, was speaking by phone in Idaho.  Gunderson was physically located "in the desert" near Las Vegas, and the program aired in Nashville.

The judge asked how many people in the Nashville area know Art Bell as a person, not as a personality?

There was discussion on this.

Fox told the judge that unlike Dr. Laura, Art Bell doesn't talk about his family, and until recently, chose not to talk about it.

The judge asked Hollow's opinion concerning "limited purpose public figure" status possibly applying to Bell.

Hollow quoted more figures showing Bell's popularity, number of listeners, etc.  He mentioned that Bell's website showed over 58 million hits.

Hollow stated that allegations "go to the core of a person's character" if true, and therefore are important.

The judge stated that Bell is, for all purposes, a public figure.

Fox changed the subject and mentioned a dated Tennessee statute that said when a broadcast is liable for defamatory statements as a "lack of due care", when alleged by the plaintiff in a lawsuit, the burden of proof is on the defendant.

Hollow quoted from a later case, mentioning that it had changed the previous ruling somewhat.

He then stated that "constitutional malice" is when an allegation is "known to be false" or is made "in reckless regard."  He talked about "subjective awareness of probable falsehood."

One of the attorneys said that Gunderson claimed that Hinkson, who made the allegations,  was quoted as saying that his SOURCE with the D.A.'s office was the 'reliable & trustworthy informant.' That was the unnamed source who supposedly let him know that Bell had been indicted & paid off the court to have the charges dropped.
 

Hollow said that David Hinkson had developed a product called "Water Oz (sp)."  Hollow speculated about why allegations were made by a former female business partner who later claimed that Hinkson bragged about how he was going to ruin Bell.  Hinkson allegedly said this during the time he made the public allegations against Bell.  Hollow tried to convince the judge that the female partner may not have been trustworthy in her claims because she was upset with Hinkson about his not giving her money and services he had promised her as part of their business arrangement.

Hollow said that during the aired allegation, Hinkson named an "Art Bell" without clarifying whether he was Jr. or Sr.  He eventually explained that it was all a basic mix-up, that the child molestation report was of younger Bell being a victim, instead of senior Bell being a perp.  There was also confusion about why the records weren't made public; this is possibly because the young Bell was a minor and therefore, the records of his kidnapping and assault were sealed.

Hollow said that Mr. McClintock (sp), who I believe owned or was general manager of the Nashville station, stated that he'd heard "rumors" about Art Bell.  Hollow said that Hinkson had been on the air before as McClintock's guest.

Hollow said that Hinkson had had a previous "relationship" with the station from June 1995 through September 1995, during which time he'd made "statements critical of Bell."

He denied that there was a conspiracy linking Hinkson, Gunderson and McClintock against Art Bell.

He said that Gunderson's show had been a "remotely broadcast program."  He said there was an uplink via satellite.  He said there is no liability to the distributor, unless the distributor KNEW statements were defamatory.  He said, paraphrased, that the station's stance was that the incidence had consisted of "120 seconds of exchange in live broadcast, no script, extemporaneous, the claims were not made by an employee, nor a guest."    He complained that the personnel at the radio station shouldn't have to act as "gatekeeper" or "censor."

The judge reminded Hollow that "McClintock had the ability to cut it off."

Hollow admitted that such a physical switch did exist.

He again insisted that the action was "not defamatory."  He said this is a matter of "constitutional law."  He said "an investigation was carried out, and it was determined [the allegations] were untrue."  He said the investigation was done after Art Bell's attorney contacted the station.

Hollow claimed that Gunderson had been in control entirely, during that program.

Gunderson's attorney spoke next.  He said that there was one thing that nobody in the courtroom seemed to be willing to say, so he would:  there is "no proof that Art Bell isn't a child molester."

Gunderson's attorney said that people like Bell shouldn't be accused of things on the air due to their being so well-known.  He said, "As soon as [Bell's] name was mentioned [on air], we should have done something."

He submitted a "letter," unread, from Sue Ford (aka Brice Taylor) to the judge.

He showed Judge Shipley a printout of the Internet website "data dump" on Gunderson, about his allegations, Bell's lawsuit, etc.

He mentioned a claim being made on the Internet by someone I believe he called "Graywolf", saying that Gunderson is a pedophile.

He didn't clarify why he said and showed these articles to the judge.

Fox spoke again.  He emphasized that Bell wants a jury trial.

He said that Hinkson had a show of his own on the radio station.  He said that Gunderson had been a guest on Hinkson's show three times, and that Hinkson had been a guest on Gunderson's show.  (Hollow had previously tried to convince the judge that Gunderson and Hinkson hadn't known each other well enough to conspire against Bell.)

Fox said that David Hinkson had sent his water product to Art Bell for potential endorsement.  That didn't develop.  He said that Gunderson had claimed -- I believe on air the night of Hinkson's allegations -- that Gunderson had tried to contact Art Bell to be on his show, but said that Art Bell had turned him down.  Fox said that Art had not been contacted by Gunderson by phone as he had claimed.

Fox read from what seemed to be a transcript of the show, that indicated that Gunderson seemed to be encouraging Hinkson to defame Bell.

One of the attorneys quoted Gunderson as saying, "I don't say anything on air unless it's proven fact."

Fox said that the program director and general manager work at the station full time.  He said McClintock was present when the broadcast was aired, and a board operator was also there.  And yet no one flipped the switch to interrupt the airing of Hinkson's allegations.

He mentioned that Gunderson, a former FBI agent and investigator, was well trained in being careful about what to say and when.

Fox said that the station is saying, "You can get so reckless that you're exempt from being reckless."

Hollow said that Fox was asking the station to "apply negligence standard to an actual malice case."

After a short recess, the judge reentered the courtroom and voiced her decisions.

1)  Her first decision was about whether or not Art Bell is a public figure.  She said he is, "for all purposes."  She said her decision is a matter of law, not just for the summary judgment level.  She said that this decision "raises the bar that [Bell] must show the defamation was false."

2) Her second decision is that malice existed.  She said that this is only "for the summary judgment level."

3) She addressed the question of whether McClintock was knowledgeable of the information alleged by Hinkson and whether management showed reckless disregard.  She said she would not make any finding on this at this time.  Too much yet to be argued, proven, etc. for this hearing.

She and the attorneys agreed to have a telephone conference on May 25th in the morning.  Hollow volunteered to initiate the conference.  At that time they will set a trial date to "control the amount of discovery that needs to be done."

Outside the courtroom, several people told me that the trial would be held in California.

----------------

The most personally shocking statement made during the hearing was from Gunderson's attorney.  As previously reported, he stated that -- even though Hollow had already admitted that his legal team had investigated and found Hinkson's allegations about Bell to be false -- "There's no proof that Art Bell isn't a child molester."    What I got from his words is this:  "As a citizen, I don't have to give any evidence that any person is a pedophile, to suggest that  he/she is.  I can slander him or her as long as I want, wherever I want, as often as I want.  After all, I'm covered:  the remotest chance that I could be guessing correctly is proof enough."    I'm glad most people aren't like that man.

report by Katherine Sullivan © 2000