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Sunday, June 26, 2011

[AlternativeAnswers] Feds causing the deaths of millions and violating the 14th Amendment



The US federal government willfully and intentionally came up with a program which causes a percentage of the US population to die of heart problems and other cardiovascular ailments in order to protect the profits of the food industry and this long held program violates the due process clause of the Fourteenth Amendment of the US Federal Constitution by way of the state created danger doctrine. The US federal government states that omega-3 fatty acids are good for your heart and you can get the omega-3 fatty acids health benefits from eating fish. All fish so far examined for mercury had mercury in them. Well it was in the science literature generations before the US federal government came up with its omega-3 fatty acids health plan that mercury items had adverse impact on the heart and the rest of the cardiovascular system of experimental animals and humans. For example a woman in the 1960's poisoned herself with mercury and after she died the autopsy revealed that the myocardial fibers of the heart were necrotic and that the heart was infested with inflammatory cells (Unusual Case of Mercury Poisoning 11 February 1967 British Medical Journal 1:340-341). The National Institutes of Health in the 1970's published a book titled Chronic Effects Of Mercury On Organism and that book stated that workers exposed to mercury under industrial conditions had an increased number of cardiac ailments. To find this book one has to go to books out of print places for its listing and some of the places mentioned that it was published by the federal government. The National Institutes of Health also funded research into how methyl mercury impacted the mammalian heart in the 1970's. The results of the research showed occasionally degeneration of the myocardial fibers and problems with the heart's mitochondria happen and that methyl mercury had an effect on the frequency of the contractions of the mammalian heart. The titled of the paper which mentioned the findings of this research was The Effects of Methylmercury on Isolated Cardiac Tissues (American Journal Of Pathology June 1979; 95(3):753-764) and in it was mentioned the fact that methyl mercury at 0.5 ppm was enough to cause these effects. This paper used methyl mercury hydroxide which is the mercury species found in the water the fish live in and it also a methyl mercury species found in the human body. The human body gets this species of mercury two major ways. First one can get it from eating fish since fish take in this species of mercury from the water they live in. The other way is the methyl mercury found in the human body reacts with the water in human body to produce methyl mercury hydroxide. Any general college or university chemistry textbook should state that water does self-dissociation at a constant rate. This self-dissociation of water is where one gets the other item that is necessary for the formation of methyl mercury hydroxide. When the federal government came up with its oral Reference Dose (RfD) concerning human health and mercury items the federal government decided that the mercury levels in human cells and tissues could be higher than 0.5ppm and still be save. For example the EPA stated in its Regulatory Impact Analysis Of The Final Clean Air Mercury Rule (EPA-452/R-05-003), which was published in March of 2005, on page 2.5 that 1 ppm of mercury in human cells was a safe level (safe level of mercury in human hair). That is a mercury cellular level which is double the amount of mercury that is necessary to cause the degeneration of the myocardial fibers of the mammalian heart. What is even sadder is that in appendix C of that book, which was about the cardiovascular effects and methyl mercury, epidemiology papers were mentioned that showed people who ate fish had higher rates of myocardial infarction and other cardiovascular problems and the EPA dismissed them by stating that there is a general lack of mechanistic evidence for the role of methyl mercury in heart disease (page C-4) when the EPA knew the chemical mechanistic route for how mercury items cause the destruction of cells and tissues. On the same page, C-4, the EPA stated "Mercury is a transitional metal and therefore can promote the formation of free-radicals via Fenton-type reactions." What mercury is doing is reacting with oxygen and forming a reactive oxygen species. The reactive oxygen species is what destroys the heart cells and tissues and causes other cardiovascular effects. It has been known since the late 1700's that mercury reacted with oxygen and the EPA mentioned the fact that mercury reacts with oxygen in it's 1997 mercury report to Congress. For example in volume III titled Fate And Transport Of Mercury In The Environment (EPA-452/R-97-005) on page 2-10 it was mentioned that elemental mercury reacts with ozone which is a form of oxygen. Also in various places of volume 5 of the EPA's 1997 mercury report to Congress such as on page 4-2 under the heading Dietary Insufficiencies Of Zinc, Glutathione, Or Antioxidants one will find that the EPA knows that mercury items cause cellular reactive oxygen species levels to go up.
Section 112 (n) (1) (B) of the Clean Air Act as amended in 1990 required the EPA to study mercury. Volume 5 of the EPA's 1997 Mercury Study Report To Congress was titled Health Effects Of Mercury And Mercury Compounds and was part of the EPA's response to the Clean Air Act as amended in 1990. In volume 5 one can find information and citations of science studies that show that mercury items not only destroys the cardiovascular system of animals but also of humans. On page 3-21 a 1953 rabbit study by Ashe et al. was mentioned and that studied was listed in Table 3-14 Cardiovascular Toxicity Of Elemental Mercury In Animals: Inhalation Exposure. That study was listed on page 8-2. According to the EPA Ashe et al.'s study showed some rabbits got cellular degeneration and necrosis of the heart after being exposed to elemental mercury. According to the EPA the problem with these rabbits studies was that the people had no control groups of rabbits. A control group of rabbits would have been another group of healthy rabbits kept the same way (same kind of food, water, vitamins and same kind of living conditions) and kept the same length of time and then killed and examined. That kind of information is out there because people raise rabbits and study the normal life events of rabbits. Thus one could get the information that is necessary to compare the rates of heart cellular degeneration of a normal rabbit with the ones mentioned in Ashe et al.'s studies. Why didn't the EPA do that? I did not do this because I am going to be using some of the human mercury poisoning studies mentioned in volume 5 of the EPA's 1997 mercury report to Congress to prove my point that the federal government knew that people could die of heart arrest due to mercury items. I am first going to deal with cases due to inhalation of mercury vapor before going on to cases of organic mercury poisoning due to meat contaminated with organic mercury. The first paper was titled Respiratory Failure And Death Following Acute Inhalation Of Mercury Vapor A Clinical And Histologic Perspective and it was published in the January 1991 issue of Chest (99:185-90). You can find it mentioned on page 3-9 in table 3-2 and listed on page 8-30 in volume 5 of the EPA's 1997 mercury report to Congress. The EPA stated in their publication that all the people died of respiratory failure. Well that is not what the paper stated. All the people did have respiratory failure but that does not mean that everyone die of that. On page 186 of the paper the authors of the paper stated cases one and two suffered cardiac arrest and died. On page 187 the authors stated case three suffered cardiac arrest but was successfully resuscitated and lived on for two more days. With case three one can see that the lungs were still functional at the time of her cardiac arrest because she was still able to breath for a couple of more days thus this proves my point that mercury can cause cardiac arrest in humans. To make my point even stronger I am going to use the organic mercury poisoning paper that was mentioned on pages 3-75 and 3-76, mentioned in table 3-57 on page 3-77 and listed on page 8-8 of volume 5 of the EPA's 1997 mercury report to Congress. The title of the paper was Accidental Ethyl Mercury Poisoning With Nervous System, Skeletal Muscle, and Myocardium Injury (Journal of Neurology, Neurosurgery, and Psychiatry 1979; 43:143-149). Four people ate meat that had ethyl mercury in it. Cases one and two died from cardiac arrest and had inflammation of the myocardium. Case one had demyelination of the nerve fibers in the tenth cranial nerve roots. This is the vagus nerve. The vagus nerve goes to the heart and contains cardioacceleratory and cardioinhibitory fibers. A complete unilateral lesion of the vagus nerve results in a transient tachycardia (increased heartbeat). Various people who had various forms of methyl mercury and other mercury poisonings had tachycardia so I am wondering if these people had poisoning of their vagus nerve. The federal knowns people exposed to mercury get tachycardia and if one looks at table 3-12 on page 3-21 in volume 5 of the EPA's mercury report to Congress you will see studies mentioning tachycardia. In cases three and four their electrocardiograms showed problems with their T waves. Mercury deposits in the heart cause problems with T waves of the electrocardiography. Read A Young Man With A Heavy Heart (Heart 1999; 82:e11) and you will see that science papers mention that.
Ethyl mercury and methyl mercury are both alkyl mercurials that slightly differ. Ethyl mercury has an ethyl group bounded to the mercury while methyl mercury has a methyl group bounded to it. The difference between an ethyl group and a methyl group is slight. Ethyl groups have two carbons bounded to each other and hydrogens bounded to the carbons. Methyl groups have only one carbon with hydrogens bounded to the carbon. Thus methyl mercury can become ethyl mercury by way of having another carbon with its hydrogens bind to the carbon atom on the methyl mercury. Also ethyl mercury becomes methyl mercury by way of losing one of the carbon atoms. The human body can form ethyl mercury from methyl mercury since methyl mercury can form ethyl mercury. You are not adding a methyl group directly to the mercury. You are having two methly groups come together. The methyl group on the mercury reacts with another methyl group. Look in any college or university basic organic chemistry textbook and you will find information about the interacts between methyl and ethyl groups.
The paper titled The Effects Of Methylmercury On Isolated Cardiac Tissues also mentioned and cited other papers that showed that methyl mercury items caused myofibrillar degeneration of heart tissues. Also it mentioned that lab rats given mercury might have died from cardiovascular collapse because the myocardial content of mercury was high in these animals which died a few hours after being given a high dose of methyl mercury. I am not surprised by the results of this paper because mercury items such as methyl mercury are known to cause lesions and degeneration of tissues in the brain, kidneys and liver of animals and people exposed to the mercury items. The lungs in people exposed to toxic amounts of elemental mercury vapors also display lesions and cellular degeneration and that is why these people get respiratory failure and inflammation of the lungs. Why should the heart be any different than these other organs when exposed to mercury items? The brain, kidney and liver all have high blood flow just like the heart and mercury is transported in the blood.
Now methyl mercury goes after nerves. Any general summary of methyl mercury done in the last thirty years should contain the fact methyl mercury is neurotoxic. Methyl mercury has effects on the synaptic transmission of nerve impluses and the membrane excitability of nerves. Methyl mercury inhibits acetylcholine from binding to acetylcholine receptors because it binds to the sulfhydryl groups of the acetylcholine receptors. Methyl mercury also modifies the acetylcholine receptors. The federal government has various publications that mention these facts. The nerves of the heart regulate the heart beat and make possible the homeostatic control of the heart. Methyl mercury interfers with the heart beat regulation because it interfers with the action of acetylcholine and it interfers with the calcium regulation of the nerves. This could be part of the reason why one can find studies showing that people exposed to low levels of methyl mercury have decreases in heart rate variability. The federal government knows of heart rate variability studies (see CASRN 22967-92-6 under the section of cardiovascular effects or appendix C of the EPA's Regulatory Impact Analysis Of The Final Clean Air Rule).
Now methyl mercury and other mercury items are mitochondrial poisons. Mitochondria are important to cells of the heart because the mitochondria produce adenosine 5'-triphosphate (ATP) which is used as an energy source of the cell. Without ATP the cell would have problems because it would not have the energy to do things. If you want the cells to function right then you need the mitochondria. A healthy heart functions every minute of the day because it has enough ATP in its cells. Methyl mercury not only kills mitochondria but it also interferes with the formation of ATP in the mitochondria. Methyl mercury attacks areas in the mitochondria which are used for the formation of ATP. Methyl mercury also causes the mitochondria to release calcium. Mitochondria and the endoplasmic reticulum are used by the cell to store excess calcium. The endoplasmic reticulum is also destroyed by methyl mercury. Excess calcium in the cells of the heart can cause the heart to go into cardiac arrest. Also when methyl mercury is destroying the mitochondria the levels of reactive oxygen species goes up in the cell because this is the area where reactive oxygen species are produced in the cell. Methyl mercury is causing the release of the mitochondrian reactive oxygen species. The federal government mentioned that methyl mercury is a mitochondrial poison and does the things I mention in various federal governmental reports including the 1997 mercury report to Congress.
Methyl mercury also causes the disruption of protein synthesis in cells. Proteins are used as building blocks for the construction of various cellular components. In other words methyl mercury causes the cell not to make things necessary for the cell to function right. The federal government mentioned this in various federal governmental reports such as in volume 5 of its mercury report to Congress.
In the 1970's the federal government paid for research that showed that mercury items go after damaged areas of the heart which people with biological common sense could have guessed because proteins of damaged myocardium tissues have exposed sulfhydrl groups and mercury items have an affinity for sulfhydrly groups. Couple of papers that show that the federal government paid for the research in this area are: Evaluation of radiopharmaceuticals sequestered by acutely damaged mycocardium (Journal of Nuclear Medicine 1976; vol. 17 no. 10 pages 911-917. Pages 914 and 915 are about mercury.) and Radiopharmaceuticais for acutely damaged myocardium II: Synthesis and evaluation of [203 Hg] hydromercurifluoresceins (Journal of Nuclear Medicine 1977; vol. 18 no. 8 pages 803-808. Page 807 stated that the uptake in the lesion was comparable to mercuric ion alone.). What gets me is that the federal government knew that people who have certain heart problems will be looking for ways to help out their hearts and the government willfully and intentionally came up with a program that would cause their hearts to suffer more damage.
Another thing I should mention is that muscle cells have microtubules in them. Mercury items such as methyl mercury cause the inhibition and depolmerization of microtubules. Microtubules are important for the functioning of the heart cells. The federal government does know of this and I covered this area in a paper I wrote on how the federal government lied about how methyl mercury causes cancer in the Ca. tuna court. I sent that paper to all the FBI offices in October of last year (2010) with copies sent at the same time to a large number of people by way of email. I got in the news for doing that since I mentioned both civil and criminal law in the email. The EPA mentioned in its 1997 mercury report to Congress the fact about mercury items and microtubules.
Now I want to mention something about the EPA's Regulatory Impact Analysis Of The Final Clean Air Mercury Rule. I am getting my information from a paper titled Politics and the Erosion of Federal Scientific Capacity: Restoring Scientific Integrity to Public Health Science (American Journal of Public Health November 2007; vol. 97 pages 1939-1944. On pages 1939 and 1940 the paper mentioned that in 2005 the EPA's inspector general reported that senior agency management had instructed staff members to arrive at a predetermined conclusion favoring industry. Also the paper stated that a Governmental Accountability Office report criticized the EPA seriously truncating its analysis of health issues involving mercury. Well this is violation of laws including Constitutional law. Various members of Congress want a truthful report. Some members of Congress are deeply religious. All the major faiths of the world teach honesty and that it is wrong to injury people. I have a minor in Religious Studies. For example the Lutheran faith teaches that. I was raised a Lutheran. When I lived in Hawaii my home church was Our Redeemer Lutheran Church. I was baptized by Richard Schumm on the 17th of May 1972. I was also confirmed a Lutheran by him. If you look in Luther's Small Catechism under the Fifth Commandment section 59 B it states that God forbids us to do or say anything which may destroy, shorten, or embitter a person's life. These religious people in Congress expected an honest report not one favoring one side or the other in the political mercury battles. They did not get that in this report. In fact I believe that all the EPA's mercury reports are that way. I have read them and found out right lies in them. What I found was not due to scientific debates. It was distortion and lies about scientific facts. I will give you a few examples to show you that I am not making this up. If you look at appendix C of the EPA's Regulatory Impact Analysis Of The Final Clean Air Mercury Rule you will find population studies showing fish eating people had myocardial infarctions. These studies were dismissed by the EPA. Well if one would have read the studies cited in the 1997 report before Congress one would have known why those studies are valid. Mercury caused the heart problems. The next example is located in the EPA's Water Quality Criterion For The Protection Of Human Health: Methylmercury (EPA-823-R-01-001). On page x it stated that methyl mercury causes chromosomal effects but does not induce point mutations. On page 3-48 the publication stated that methyl mercury causes DNA strand breakage. DNA strand breakage causes point mutations and you should be able to find that fact in any general genetics book in the chapter on the causes of mutations published in the last fifty years.
People play politics with science for a long time. It is okay when it does not have to deal with human health issues. The problem is that people play politics with human health information and that is in violation of the 14th Amendment of the Constitution. To show you that people have been writing about the politics of science for a long time I refer you to a book titled Science, Nonscience, and Nonsense Approaching Environmental Literacy by M. Zimmerman. My copy has a copyright of 1995. Chapter 4 was titled Political Science: The Role of Government in the Scientific Process. That book mentioned in it that EPA people had problems stating correct science information.
I think this is a good place to mention state and federal homicide statutes. People who work for the government feel that they don't have to follow these laws. Well police officers who kill a person in the line of duty can be prosecuted for homicide if the killing of the person was the result of not following the set guidelines made by agency he or she works for. What the people who are involved in making these reports and coming up with the regulations and laws are doing is the same thing. Killing a person. Instead of a gun they are causing people to be poisoned. Mercury is legally defined as a poison. All mercury species are defined that way. The federal homicide statute is 18 USC Chapter 51. In section 1112 manslaughter defined as the unlawful killing of a human being without malice. Involuntary manslaughter is defined as "In the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death." By giving out false health information the person doing so is committing an unlawful act because he or she is violating the 14th Amendment of the US Constitution. Thus you have a violation of law being done here by the person writing the report when he or she gives out false health information. Any false information here can cause health laws not to be written right thus causing people to die from being poisoned. The person who writes the false mercury health information thus causes the death of people by way of poisoning. Another way to look at it is to use the part about the commissioning of a lawful act without due caution and circumspection. Forget about the US Constitution for a minute. The person writing the report has access to the reports written before him, toxicology books and science papers. Toxicology books give summaries of what is known about an item. It has been in the toxicology books for decades that mercury items can cause heart attacks. I have an old popular toxicology book that is over 20 years old. The title of the book is Deadly Doses A Writer's Guide to Poisons and it was copyrighted 1990. In the section on mercury on page 217 it stated one of the ways death can happen due to mercury poisoning can be by ventricular fibrillation (heart attack). The book thanked Anthony Manoguerra who was the director of the San Diego Regional Poison Center at the time the book was written for reading over the material. The person should also looked over papers cited in the previous mercury studies to see how people died. Also that person should have read every report on mercury deaths. One had to look at all mercury species deaths when doing so because of what happens to mercury in the body. Mercury becomes different species in the body. Mercury species in the human body add and lose functional groups. The person should also use common sense and ask certain questions. Questions like does mercury go to the heart? Yes it does by way of the blood system. Does mercury get deposited in the human heart? Yes it does. The federal government knows this. In fact the EPA knows of a paper that stated that approximately 25% of the mercury found in autopsy samples from human hearts was inorganic mercury and the rest of the mercury in the human hearts was methyl mercury. The title of the paper was Mercury concentrations in organs of contemporary Japanese (Archives Of Environmental Health 1989; 44(5):298-303.). I am showing people medical reports with pictures of
mercury deposits in the heart. I am showing people reports that state mercury in the heart caused local chronic inflammation of the areas of the heart where the mercury was located. One can even find papers showing that mercury caused cardiac granulomas. Another common sense question to ask is what does mercury deposits due to human tissues since mercury gets deposited in the heart? Mercury destroys tissues. Methyl mercury is a know to cause human tissue lesions and destruction. That is what happens to the brain, kidney and liver of humans. These facts has been known for decades. Also it is commonly know that mercury goes after nerves. The heart has nerves. Another common sense question is what does mercury do to the nerves? It kills the nerves and causes problems with nerve impulses. I want you to think of these things for a minute. When I get into the FDA and the omega-3 fatty acids and the fish I want you to think if the employees of the FDA followed that statue when dealing with stating fish is good for your heart.
State statutes mimic federal statutes. When I looking over the state statutes I came across the mentioning of criminal negligence. Criminal negligence can apply not only to manslaughter laws but to other statutes concerning human health issues. Criminal negligence has to do with a person doing something that would depart from the conduct of an ordinary prudent, careful person would do in the same circumstances. It means that one could reasonably foresee the consequences of what one does or does not do. It is plain that both the governmental employees who push the omega-3 fatty acids in fish information and the food industry are in violation of these criminal negligence laws. Would a prudent, careful person claim that a product that has mercury in it stated that the product is good for your heart when knowing that mercury destroys the heart and causes heart attacks? Especially if that person knows how the species of mercury are related and that mercury deposits can grow over time. The food industry has no excuse since the food industry has people trained in pharmacology. People trained in pharmacology have to study mercury. They have to take courses in toxicology. I have looked over old toxicology books in old book places and I noticed in various books it stated that one of the ways people die from mercury vapor is ventricular fibrillation. If someone was going to sue over this I suggest you ask people who have old toxicological books from 1985 to 1995 and have them look at the area dealing with mercury vapor. You want to show that the food companies should have known that mercury items cause heart attacks. You also
pull the course records of the people who pharmacology background. One can find out what book was used for the course. Now if you have a book that mentions mercury causes heart attacks and it was used for a course that one of the employees of a food company had to study how is the company going to explain its policy of stating fish are good for your heart? Mercury vapors in the human body become the same species of mercury that methyl mercury breaks down to. The people who study pharmacology know this. In fact certain drugs are given that have mercury in them (thimerosal (thiomersal)). These drugs are slowly being pulled from the US market because people claim to get brain problems from them. Also the people who have a pharmacology background know the basic functioning of the human body thus they known mercury goes to the heart and because of their toxicology training they know mercury destroys tissues. The heart is made of tissues and common sense tells you that the heart's tissues would be destroyed. This is outright criminal negligence stating fish are good for the heart when it has an item in it which will do the exact opposite. Especially if you are stating that to people who are fighting for their lives due to heart problems. People who had pharmacological training would know from basic common sense that mercury would go after the damaged areas of the heart because mercury binds to exposed sulfhydryl of proteins. This is willful and intentionally causing these people to have more heart damage.
What I have stated here I mention to a company. I even told people that shop there what I am telling you. The company in no uncertain terms told me to go to hell when I protested its actions. Well I set up the company during that time for criminal negligence and product liability law suits nation wide and told the company I was doing and how I was doing it. I was letting out prayers for the dead in church prayer places and mentioned the company, various facts about mercury and fish such as fish cause birth defects, cancer and heart attacks due to the mercury in the fish and mentioned the company gave out false health information. I also emailed ministers with that information. This was the time Ca. had the tuna law suit going on. I asked them to contact the Monterey County DA's office and the company. I did the DA's office so that the state of Ca. had information to use against the company for a criminal negligence law suit or false ad law suit . I wrote to thousands of churches and ministers during that time. I did every state that the company was in. All I did was look up a church group and get listing of the churches in the state I was doing. All the email addresses were listed either at the church site or the main church body site. I also wrote to a very large number of churches my snail mail in 2008 and used certified mail with a return receipt. These ones I did not state to contact the DA's office. I told them what happen to me when dealing with that company. At the end of this letter I will be listing some of them. I think these churches should read Mark 6:13, Luke 9:1, 9:6 and Matthew 10:1 and 10:8. Now if the places do not remember my letters at least I will get a talk going on the issue of what it means to be Christian and what the food industry is doing with the federal government. Some people might have saved the letters. I sent out a large number because I knew various people would not remember. I have the return receipts so I have proof I wrote to them and some people outside my area wrote back to me. Now I do not see how this company is going explain that it did not know that by eating fish one can get heart problems. It owes people more money than it made in gross sales over the last ten years because it knowingly gave out false health information. Plus it sells products which have false health information on them. By the way I told the UFCW what I was doing and why. In fact I made a complaint to the head of the International UFCW on the UFCW local.
Now the federal government (FDA) has already been petitioned concerning the issue of omega-3 fatty acids and mercury in seafood. In fact this petition by Martek was mentioned in some court cases because it was mentioned in a letter by Dr. L. Crawford written when he was Commissioner of the Food and Drug Administration for a court case. The court cases were The People of the State of California v. Tri-Union Seafoods, LLC, et al., (Case No. :CGC-04-432394) and the Deborah Fellner v. Tri-Union Seafoods, L.L.C. D/B/A Chicken of the Sea. I am going to go into a little detail about one of these court cases because it shows how the federal government wants to protect the profits of the food industry. Everything I mention can be found in the court records which are public records which every US has the right to view due to US Constitutional law. Under the US Constitution every US citizen has the right to criticize the actions of their state and federal government and in order to do so one must have free access to the records of governmental actions. Also what I mention can be found in news accounts of the court cases. The Ca. court case was also mentioned in a book titled Diagnosis: Mercury Money, Politics & Poison by J. Hightower.
Now before going on I am going to mention the Food, Drug and Cosmetic Act (FDCA) since this the Congressional act that gives the FDA the broad statutory authority to regulate food labeling. The major problem with this act is that the FDA and Dr. L. Crawford don't care about the Constitution. The FDA and Dr. L. Crawford claim that they can do whatever they feel like because of this act. That is not true from a Constitutional law perspective. This act has lots of restrictions on it. It is restricted by the fundamental constitutional guarantees of Americans. The act came about because of the commerce power of Congress. The commerce power of Congress is restricted by the fundamental constitutional guarantees of Americans. What happen to the Martek petition was a violation of Constitutional law. I am going to show how the federal government by not using national warning labels on fish violates Constitutional law latter on.
Dr. Crawford stated in his letter that when it came to warning labels on the fish the "FDA has decided that it is preferable not to use a label statement about mercury and possible harmful effects to pregnant women, women who might become pregnant, nursing mothers and young children as a condition for the agency's enforcement discretion for the omega-3 fatty acid qualified health claims." He wanted the fish companies to be able to put omega-3 fatty acid health claims on their products. He also stated in his letter that he did not want nontargeted audience from eating less fish or to refrain from eating fish. He just violated the 14th Amendment here by way of state created danger doctrine. This is not hard to show because of his educational background. Dr. Crawford had a doctoral degree in pharmacology. He at one time was a associate professor of pharmacology and he worked as a pharmacologist at the FDA. He also wrote a book on toxicology. Dr. Crawford because of his background in pharmacology had a strong background in chemistry. First year college or university textbooks had in them the periodic table and that transitional metals do Fenton reactions well before Dr. Crawford had gone to a university. Mercury is a transitional metal and it has been known for a long time to interact with oxygen. The form of oxygen that comes about due to this interaction is reactive oxygen species. Reactive oxygen species causes atherosclersosis and ischemia/reperfusion injury. Atherosclersosis is a thickening of, and loss of elasticity in, the inner walls of arteries and can be accompanied by the formation of atheromas. The heart has arteries and thus the blood system of the heart gets problems due to mercury from a chemical reaction that mercury does. The word ischemia means a lack of blood supply in an organ or tissue. If mercury does a chemical reaction with oxygen in the heart then common sense would tell you that the heart could get a lack of blood supply to the area of the heart where mercury is at. Mercury actually causes lack of blood flow to humans. I am walking around and showing people a old paper with a picture of a clot in an artery with mercury deposits in the area. Dr. Crawford also understood basic mammalian physiology because he had a doctoral degree in veterinary medicine.
Now that you read that I want to give you a quote from Dr. Crawford's letter. All I am asking you to do is think about the quote. The "FDA has been studying the issue of methylmercury in fish for several years. In so doing, it has compiled substantial data, and has developed significant expertise in analyzing the pertinent scientific issues, together with the consumer education aspects of this matter. As a result, the agency believes that it is uniquely qualified to determine how to handle the public health concerns related to methylmercury in fish." If you think I have already showed that statement to be false wait to I get to the DNA because that very short writing will blast that whole statement out of the water.
Now lets look at the manslaughter statute here. People eat fish who have heart problems because they are told that fish are good for their damaged hearts. Dr. Crawford wrote a letter stating that people should eat fish and fish are good for you heart because of omega-3 fatty acids in them. Fish also contain mercury. Mercury destroys the heart in humans and causes heart attacks. Dr. Crawford who had studied chemistry and has a background in mammalian physiology should have known that mercury reacts with oxygen to make reactive oxygen species and that reaction could happen in the heart. He should have also known that atherosclersosis and ischemia injury were also caused by reactive oxygen species. The fact that reactive oxygen species can cause those things has been in the science papers for generations. In fact people cause ischemia injuries in lab animals with reactive oxygen species in order to study things. Now would a person with due caution and circumspection state what he stated? Especially since he should have known that mercury deposits can either get bigger or smaller over time. Mercury binding to other mercury coming to the area where the deposit is. I believe that Dr. Crawford could have saw the foreseeable consequences of his actions because of his science background. He did not need the human medical papers I mentioned because he knew the chemical reaction that mercury does could cause heart problems in other mammals.
Now I want to bring up a few other things about Dr. Crawford and I want you to think about them when thinking about the manslaughter statutes. Dr. Crawford was Acting Commissioner of the FDA from 26 March 2004 until 18 July 2005 (that he when he became Commissioner of the FDA). Dr. Crawford and his wife owned shares of Wal-Mart stock from January 2003 until January 2005. Wal-Mart sells fish products such as canned tuna. In fact Wal-Mart was at the time and still is one of the world's leading sellers of fish items. According to Dr. Crawford's letter it was on 8 September 2004 that the FDA issued its decision to allow qualified health claims involving omega-3fatty acids and a reduced risk of coronary heart disease. One can see a conflict of interests here. In fact Dr. Crawford was convicted of crimes because of not reporting Wal-Mart stock on certain governmental papers and having a conflict of interest. Dr. Crawford because of his position in the FDA had control over the FDA decision. Now one has to look at from a time frame for the commissioning of an unlawful act. The unlawful act was over a period of time. Dr. Crawford's unlawful act concerning omega-3 fatty acids and the fish began before he wrote the letter. It began during the developmental time of the omega -3 fatty acids qualified health claims. The letter is only one instance of him violating the laws here. Major policies such as these qualified health claims are known to the person in charge of the FDA. Dr. Crawford when he was in charge of the FDA could have at any time stopped the omega-3 fatty acids health claims from being allowed on fish.
Now I looked up the Ca. Penal Code that defines involuntary manslaughter and it stated that involuntary
manslaughter happens when an unlawful killing takes place during the commission of an unlawful act (not amounting to a felony), or during the commission of a lawful act which involves a high risk of death or great bodily harm that is committed without due caution or circumspection. Other states have statutes that mimic the Ca. Penal Code. I have already shown you a violation of the 14th Amendment law. I am going to show you another violation of Constitutional law. As I show this violation of law I want you to think about something else that Dr. Crawford wrote in his letter. He stated that when it comes to warning labels the "FDA has required warnings only in those instances where there is clear evidence of a hazard". Now we are going to talk about the DNA and mercury. This is going to be very brief summary. I made a complaint to the FBI last year and got in the news at some small news places because of what I filed by email. I wrote a long section in that complaint on how mercury interacts with the DNA. I also wrote that because of the interactions between mercury and the DNA the mercury regulations we have today violated the 14th Amendment of the Constitution. First of all mercury binds to the DNA and causes dimers. We have known since the 1950's that mercury items bind to the DNA and one can find hundreds of papers on this fact (some of them from the 1970's included pictures of mercury binding to the DNA). It takes only one atom of mercury to cause a DNA dimer. DNA dimers cause mutations thus it takes only one atom of mercury to cause a mutation. The government has known for decades that mercury binds to the DNA and causes DNA dimers. The government not only paid for the research but it also was done at a national laboratory (Oak Ridge National Laboratory). Read Influence of mercuric ions on the phosphorescence and photochemistry of DNA (Proceedings of the National Academy of Sciences vol.67, No.3, pp. 1390-1397, November 1970) if you don't believe me. If the government brings up the Ames test concerning mercury mutations I should state that the Ames test was not designed for transitional metals and the tests that are designed for transitional metals show mercury does mutations. In fact I will mention some of the ways mercury causes mutations in this writing. DNA dimers cause point mutations. We have thousands of human diseases caused by point mutations. Some human diseases caused by a
point mutation are osteogenesis imperfecta (brittle bone disease) and various sickle cell anemia diseases. The sickle cell anemia diseases which are inherited began when the first person in hereditary line got the disease by a point mutation and also I should mention once in a while that kind of mutation happens to a person who does not have a hereditary line with that disease. Due to the 14th Amendment of the Constitution the mercury regulations have to take into account the fact that one atom of mercury can cause major health problems in humans. The current mercury health laws violated the Constitution because of under-inclusive classification. Mercury items such as methyl mercury can bind to any of the nucleotides of the DNA and cause dimers. Mercury items such as methyl mercury also can go after any of the chromosomes and the mitochondrial DNA. Thus mercury items are one of the sources for thousands of genetic point mutation diseases. Anything that can cause a point mutation is one of the causes of a point mutation disease. Since mercury items can cause DNA dimers to any of the nucleotides it is one of the causes of all the human and animal genetic point mutation diseases. Since one atom of mercury can cause a genetic disease you have a clear evidence of a health hazard. Dr. Crawford allowing the tuna industry to put omega-3 labels on fish is the commission of an unlawful act under Constitutional law. Did the act result in the killing of a person. From a statistical point of view lots of people have died because of Dr. Crawford's actions. Death comes to people with certain point mutation diseases because of the disease. If a person followed the government's policy that Dr. Crawford allowed and got a certain point mutation and died because of it Dr. Crawford is responsible for that death. Men could have followed the FDA advice and fathered a child with a point mutational disease because of the advice. If the child died of the disease Dr. Crawford is reponsible for that death. Now
because of the US Supreme Court rulings on life issues one can not include the deaths of people who were under a certain age in the womb. Now the same principle can be applied to deaths due to heart attacks or other heart problems that mercury causes. Look at the number of people who heart attacks. The families of any of people who died of a heart attack who followed the advice on eating fish can sue the government because it can be viewed that mercury either entirely caused the problem or partially caused the problem.
I already mentioned the criminal acts that Dr. Crawford has a conviction on. Remember these actions happen over a period of time. The law mention a lawful act which involves a high risk of death or great bodily harm. I mentioned one atom of mercury can cause a mutation. That is a human health risk. You have human health warnings concerning mercury and fish at the local, state and federal levels. You also have law suits on this issue. I think that covers this area.
Now we come to the area of due caution or circumspection. Remember this means that one should be able to
foresee the consequences of the actions or nonactions. Dr. Crawford had a background in both chemistry and biology so he should have been able to see that telling people to eat fish could have caused heart problems including heart attacks simply from the chemical reaction that mercury does with oxygen. Even if he did not come up with the omega-3 fatty acids policy he could have stopped it because of his position in the FDA. If any person decided to talk to Sam Farr about what I wrote please bring this up to him because he does not understand this. Everything I mentioned in this letter I have mentioned to Sam Farr and have been given the run around by him and his Salinas, Ca. office. I even gave his office the science paper that mention mercury causes DNA dimers and explained to people in his office the problems with the current mercury regulations. I told him in my last letter I was going to do this. I am sick of the run around which causes people to die. I decided that for the next food group it will be criminal manslaughter complaints on both the federal and state levels because of the run around I got from Sam Farr. Sam Farr could have came out months ago and stated the truth but did not. Since he has not thousands of people got more health problems. Look at the number for heart attacks per year. People with heart problems are looking for ways to help their hearts. Each and everyday that the federal government does not come out and tell the truth allows more people to follow false health information given out by the federal government and the food industry and get more heart damage and a greater chance for death. Right now this very second tens of thousands of people need the correct health information concerning fish and heart problems such as heart attacks. Sam Farr is allowing people to die and some of these people could be the very same people who voted for him. Sam Farr is on the House subcommittee that deals with the FDA and he is co-chair of the House Oceans Caucus.
Sam Farr positions allow him to stop what is going on with the FDA.
According to the news (Jane Kay's May 13, 2006 San Francisco Chronicle story title State loses effort on warnings about tuna) the attorneys for the tuna companies had asked the FDA to write the letter and supplied the preemption arguments. If that is true then we have a conspiracy here to cause manslaughter here. I want both state and federal prosecution done here on the tuna companies such as Tri-Union Seafoods which were involved in the case if it is true.
Before going on I will mention various ways mercury causes mutations. I have already mentioned DNA dimers. Mercury binds to DNA and reacts to oxygen when bound to the DNA. This reaction causes the single strand breakage of the DNA. Mercury also causes single strand breakage of the DNA by increasing the reactive oxygen species level in the cell. Single strand breaks by a replication fork or next to another single strand breakage cause double strand breakage. Single and double strand breakages cause point mutations. Double strand breakage cause translocation of chromosomes. This is the mutation that causes leukemia in humans and animals. Another point mutation that mercury causes is DNA base substitution. This is due reactive oxygen species. Mercury also causes nondisjunction of the chromosomes because it interacts with spindle microtubules of the cell and also because is raises the reactive oxygen species level of the cell (both ways cause problems for the spindle microtubules). Various human diseases are caused by nondisjunction of the chromosome such as Down's , Edward's and Patau's syndromes.
I should mention that the food industry is the only industry that is sanctioned by the federal government to violate consumer lemon/liability laws. The consumer lemon/liability laws state one can not use an advertisement that claims a product does something which it does not do. That is false advertisement. Well you saw that fish are advertised as good for your heart when the exact opposite is true based upon human autopsies and a simple chemical reaction mentioned in first year college or university chemistry courses and it is sanctioned by the federal government. What tops it off is that companies in the food industry have people trained in chemistry who should have not allowed this to happen. This sanctioning is due to the food industry lobbying the federal government for favorable dietary advice. You saw just that in the tuna case I mentioned. Scientific American in its September 2007 issue had an article by Marion Nestle title Eating Made Simple that mentioned the fact about food industry lobbying on page 63. The editors of the journal mentioned on page 60 this "The picture becomes more clouded because industry groups constantly press their message to both government agencies and consumers about the benefits of eating particular food products." The food industry makes money from the sell of a product. As you saw from what I mentioned they would do what ever is needed to give their products a favorable view even if it means people dying and having birth defects. The food industry has an input into the regulations concerning the industry. That is the major problem. People playing politics with health information and advice about food.
Now I am going to turn to a news item involving Safeway, Inc.. The news item was about Turtle Island Restoration Network trying to get the CEO of Safeway, Inc., Steven Burd, to put mercury warning labels on fish products on the national level. The source of my information was Common Dreams Organization and it was a press release given out in June 2005. The article was titled Campaign launched to compel Safeway to post seafood mercury warnings Safeway's "Ingredients for Life" marketing campaign targeted. The article stated that Andy Peri confronted CEO of Safeway, Inc. Steven Burd concerning the issue of warning labels on fish. Steven Burd stated it was not needed. If that really happen then I want an investigation into whether or not involuntary manslaughter charges should be brought up against Steven Burd on both the federal and state levels. Now for Safeway, Inc. it gets worst. According to article the Turtle Island Restoration Network not only had talks on this issue with Safeway, Inc. upper management but also had an ad campaign on this issue. The article mentioned that the group place a full page ad in the New York Times that week in an effort to get Safeway, Inc. to do the right thing and that they were going to have people protest at Safeway, Inc. stores. This article also mentioned mercury in the fish caused heart problems and that Safeway, Inc. was selling fish items above the legal limit of mercury. Why do you look at the various companies that have been selling fish over the legal limit according to this group. This group has published this sort of data time and time again. Look at the last time this group has done a study and compare it to its other studies. I believe the results because I have found the same sort of results in science papers done on the food industry. This papers were done by people who wondered how much mercury was in the food we eat and they were done coast to coast. What the group did was set up Safeway, Inc. for me to filed a manslaughter complaint against Safeway, Inc. on both the state and national levels. It was brought to attention of Safeway, Inc. on a national level that fish cause heart problems and instead of listening Safeway, Inc. preferred to advertised fish items are good for human hearts and sold products which also stated that. Safeway, Inc. had and has people trained in chemistry (pharmacologists) who should have known that this kind of advertisement would have caused people to have heart problems due to how mercury reacts with oxygen. As a side note Safeway, Inc. and the UFCW both
know of grievances in which this issue could have been dealt with but they refused to deal with the issue. A person was protesting the actions of Safeway, Inc. giving out false health information and got fired because of it at the Mid-Carmel Valley, Ca. Safeway store in 2008. The person was a Protestant who had a minor in religious studies and he had to choose between what Safeway, Inc. wanted and the teachings of Christ on health issues. The word Protestant means to protest. Now Safeway, Inc. has to deal with this issue on a national level with manslaughter complaints to police agencies all across the nation. In fact the president of the UFCW International Union at the time the grievances could have been heard, Joseph Hansen, was informed of problems with the UFCW Local 5 with this issue and J. Hansen sent the problem back to UFCW Local 5 for the president of the local, Ronald Lind, to handle the issue. Ronald Lind refused to back the person who was speaking out on a human life issue. The basic right where all other rights come from is the right to live. The UFCW claims it backs rights of its members well it does not back the basic right of its members which is the right to live. If you think the federal government will not lie to people about health issues I refer you to the Tuskegee incident which is the best known incident of the US Public Health Service telling people false health information concerning syphilis. Some people had syphilis and the government decided not to tell them that they had syphilis in order to study how syphilis effected the human body. The government continued the study after there was a cure for syphilis and did not tell the people they had syphilis and it could be cured. The government did not cause the syphilis all it did was not tell the truth which allowed people to have health problems which were curable. The federal government had an out of court settlement on this case and one of our presidents told the people involved he was sorry for the actions of the federal
government to them. The studies published by the government on these people were called various names such as Public Health Service Syphilis Study and Tuskegee Experiment and HBO made a movie about it. Another recent time the federal government lied about health issues has to do with the EPA. Christine Whitmann, who was the head of the EPA at the time, misrepresented environmental public health dangers to thousands of people. When trying to get out of a law suit because of it US District Court Judge D. Batts stated the following: "The Court, having found that the law of state-created danger was defined with reasonable clarity to give Defendant Whitman notice, also finds that no argument can be made that Defendant Whitman could not have understood from existing law that her conduct was unlawful. No reasonable person would have thought that telling thousands of people that it was safe to return to Lower Manhattan, while knowing that such return could pose long-term health risks and other dire consequences, was conduct sanctioned by our laws." Whitman did not make the health problems. The EPA which was being sued at the same time did not make the health problems. All that was done was false information was given out about the health risks of returning home. Same thing being done here false health information being given out about the risks for heart problems. In fact this is worst because the government is stating eating fish which has mercury in it is good for your heart. In the two cases I mentioned the people could have done something else. No one forced the people to return to Manhattan just like no one forces people to eat fish. No one forced the people to use the doctors that they did in the Tuskegee incident just like no one forces
people to eat fish. Being forced is not necessary. The EPA case was heard in US District Court (Southern District of New York) and it was mentioned in the news. One news story on it can be found in Democracy Now!. The story titled was NYC residents sue EPA for lying after 9/11 and the publication date was 11 March 2004.
All the science papers I mentioned can be located in scientific citation indexes so I am not worried about the federal government trying to hide whether or not the federal government knew of them. Also the federal government paid for some of the research I mentioned. Scientific citation indexes show who uses what papers and where. Also the federal governmental publications have been around for a while and lots of environmental groups and people interested in environmental issues have copies of them. If you notice I am using old papers to show that the knowledge has been around for a long time. Also I am not worried about what is in the science papers because common sense should tell you that methyl mercury and mercury items destroy the heart because mercury items cause lesions and tissue destruction in areas these items go and the heart is made of tissues.
The US federal government was sued before for lying about the safety of food items. During the time the federal government did nuclear testing the nuclear fallout from the tests caused the US milk supply to be exposed to radiation. To stop law suits due to radiation exposure Senator Hatch caused the passage of the Radiation Exposure Compensation Act of 1990 and he had it amended in 2000 to cover more people.
The toxicology of mercury items have a range in which the items do things. Lowest levels of mercury cause genetic problems (DNA dimers) and as you increase the amount of mercury you get different health problems. When you talk about lethal doses or toxic concentrations for various health problems one talks about lowest toxic dose or lowest lethal dose as seen in a population. The lowest lethal dose is the dose that would kill only one member of a population. The lowest toxic dose is the dose that would cause only one member of a population an ill effect. The reason I am mentioning this is that some people have asked me why they did not get heart problems from eating fish. Mercury items are chemicals and the health effects vary from person to person with the same dosage due to lots of factors. This is what one should be seeing. The population studies that the federal government dismissed should have been used with the other population studies that did not show any heart problems to figure out what the human population range for heart problems due to mercury items is and not dismissed. Each population study one gets a sample of the human population. The more samples the better for trying to figure out what the range for heart problems in the human population is caused by mercury items. What I just mentioned was what I was taught in both my biology and chemistry courses and to prove that all one has to do is read Appendix III Toxicology of Organic Compounds of Ralph Fessenden's Techniques And Experiments For Organic Chemistry which was my lab book for organic chemistry. The book was copyrighted 1983. Also the EPA mentioned what I mentioned in its mercury reports.
Now I am going to quote part of the 14th Amendment of the US Constitution. "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." The reason I am mentioning this quote is because states in order to get federal funding for certain programs are required to teach federal health information which is false. The states are in violation of the 14th Amendment by doing so. Under the 14th Amendment states do not have to follow the federal laws concerning giving out false federal health information in order to receive federal funding. If you notice the US Constitution stated enforce. The powers of Congress are limited by the US Constitution.
I mentioned about mentioning what is going on to church groups. Some of the church groups I did were Baptist, Episcopal, Lutheran, Presbyterian (USA) and United Methodist. I also mentioned that I used certified mail with a return receipt to churches. Some of the churches and pastors I did this to were: Rev. Shimkus of Our Redeemer Lutheran Church 1404 University Ave., Honolulu Hi., Lighthouse Baptist 1030 Hilby Ave. Seaside, Ca., Trinity Lutheran Church 2300 Airline Hwy. Hollister, Ca. and Pastor Brown of Lutheran Church of the Good Shepherd 580 Larkin Street Salinas, Ca.. What I want to do is get the talk going on what Christians should do about this problem. I have the signed receipts to these and other churches. If these people don't remember I have a longer list to use.
Thank you for reading this,
Marcus Horton
60 Stephanie Dr. Apt 213 A
Salinas, Ca. 93901

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