Wisconsin: Tough Decision Time...
Opinion by Consumer Advocate Tim Bolen
January 31, 2004
Arthur Thexton, one of the Wisconsin Department of Regulation & Licensing (DRL) prosecutors who embraced the “quackbuster” crackpot theory of health care, limped out of a hearing in Room 179a, after lunch yesterday, looking very much like a man who’s suddenly seen his rocky-road future.
The hearing, called to determine “costs, and allocation of costs,” in the State of Wisconsin v. Kadile case, didn’t go well for Thexton. Thexton is the one who had brought in hair removal and ear piercing specialist Robert S. Baratz, the current president of the discredited National Council Against Health Fraud (NCAHF), as the do-all, be-all expert witness in the Kadile case. Thexton had paid Baratz about $70,000 in so-called “expert witness” fees out of the Wisconsin Medical Board’s limited funds. Baratz’s wild-eyed opinions, coupled with equally ludicrous crackpot offerings by Stephen Barrett, who was paid about $3,500 for his drivel in the case, had caused the State to spend over $165,000 on the unsuccessful prosecution. Kadile’s “defense” cost over $300,000.
The hearing was to determine who exactly would pay the costs of the case, as determined by Wisconsin law. The “Defense” had filed a Motion asking for the DRL to pay all of its costs, since, during the negotiations, the State had dropped all charges against Kadile based on Baratz’s wild-eyed health claims.
During the hearing, Thexton had to be warned repeatedly by the Judge about his courtroom behavior, and his tone of voice. Thexton was clearly upset by the proceedings, and, once again, almost continuously whined his way through questioning of the Kadile witnesses. Thexton kept insisting that Eleazar Kadile could cut back his staff and cut all of his staff’s salaries to pay the state’s costs. He especially wanted the specially trained chelation nursing staff to be replaced by lower paid employees. Thexton also berated Dr. Kadile for “not filing bankruptcy and getting a fresh start” after the Kadile’s emotionally and financially devastating medical costs involving the loss of their child to Lupus. The Kadiles, terribly burdened by the medical debt, are slowly and methodically paying off their creditors.
Thexton, whose life is taking a few new turns lately, actually tried to claim that he had won the case – that he had prevailed on the issues. Thexton, who is under legal assault by at least two Wisconsin health professionals for abuse of power issues, was removed last week from duties surrounding a case against another Wisconsin leading-edge MD, Robert Waters of Wisconsin Dells. Waters also does chelation, plus other alternative modalities.
Yesterday, Robert Waters MD got a letter from the DRL indicating it was dropping their eight (8) year investigation against him begun by Thexton on quackpot John Renner’s suggestion. Waters, and his legal advisors, are taking a hard look at pursuing Thexton, Barrett, Baratz, and Renner’s estate (Renner died during a heart bypass operation) for his costs over the years.
The difficult part is suing Thexton who is a DRL employee. In an earlier Wisconsin case, involving the other “quackbuster” prosecutor, James Polewski, the Federal judge threw out the case on the basis that “Polewski was acting within the boundaries of his job.” Ever since then, we’ve carefully analyzed the operations of both ”quackbuster” prosecutors, writing them letters, memo’s etc., informing them of certain aspects of the law they need to follow. Neither Polewski nor Thexton are good enough attorneys to grasp the trap that was set for them. Despite the warnings, known in the legal world as “Direct and Constructive Notice – with Warning” both proceeded as though nothing had changed. Legal experts from the West Coast first showed me this legal device. It’s used to “set up” a public employee legally for a personal lawsuit, and remove their “free legal” protection. The device, successfully used for years, notifies the employees of certain actions they are required to perform in their jobs. After they have been notified of their wrongdoing, by letter, they can no longer claim immunity due to ignorance of the law. All of their actions from that point on now have “intent,” and they cannot claim ignorance of the law or incompetence as a defense. Both Polewski and Thexton have been getting those letters.
Yesterday, during the hearing, Thexton, to my surprise, openly stated he was going to violate his Department’s official policy. He stated, obviously playing to the CBS News camera, that he believed that “chelation therapy was fraud,” and that “it wasn’t over – stay tuned.” Thexton was making it clear that he intends to continue to use his position as prosecutor to attack those that fit his own personal bias, and the crackpot health theories offered by the “quackbusters.”
What are the tough decisions DRL needs to make?
There are three. (1) They need to decide to compensate Eleazar Kadile for his suffering at the hands of their out-of-control prosecutor Arthur Thexton by paying Kadile’s legal costs. (2) They need to deal with their two “quackbuster” prosecutors harshly. The department needs to evaluate the twosome’s past and present prosecutorial operations – especially in light of those as “Direct and Constructive Notice – with Warning” letters Polewski and Thexton have been getting – and ignoring. And again, especially in light of Thexton’s open defiance of Department policy on CBS’s I’-Team report (3) They need to join with us in recovering BOTH of our “costs” from the REAL culprits in this action – Baratz and Barrett.
Tim Bolen - Consumer Advocate
This "Millions of Health Freedom Fighters -
Newsletter" is about the battle between "Health and Medicine" on Planet
Earth. Tim Bolen is an op/ed writer with extensive knowledge of the activities
of a subversive organization calling itself the "quackbusters," and that
organization's attempts to suppress, and discredit, any, and all health
modalities that compete with the allopathic (MD) paradigm for consumer health
dollars. The focus of the newsletter is on the ongoing activities,
battles, politics, and the victories won by members of the "Health Freedom
Movement" against the "quackbusters" It details "who the
quackbusters are, what they are, where they are operating, when they appear, and
how they operate - and how easy it is to beat them..."
For background information on the "Battle between Health and Medicine" go to: http://www.savedrclark.net/by_whom2.htm. A copy of THIS newsletter, and older ones, are viewable at the website http://www.quackpotwatch.org/default.htm.
For EVEN MORE interesting and related articles go to http://www.bolenreport.com.