Chapter 16
The Other System
_________________________________________________________________
Alternates is a homosexual clothing store
operated by Choo Choo Miller and Boo Boo Tiller in the Midtown section of
Atlanta that is now completely taken over by gays. Same sex couples can be
seen here and there walking hand in hand, and the storefronts have an assortment
of unusual displays. "Alternate life styles" is an explanation
rendered for such conditions, however, a more to the point and accurate terminology
is the one offered by The Restoration. "Homosexuality is
not a religious or political issue. It is abnormal, filthy and disgusting
and should be rejected on this objective judgment."
Choo Choo is late and hurries into the store. He's wearing low-ride pants that display about 3 inches of white underwear that has
red, printed hearts. His white t-shirt has a print of a bearded individual
with his tongue stuck out, and the back has another print "so
gay." He kisses Boo Boo on the cheek and says, "Hi, love."
Flirty Flanagan, their lesbian seamstress, is barely visible
behind a stack of store-boughs on which she is making custom alterations, not
necessarily intended to pursue any trend in fashion but to achieve some peculiar
appearance and make some outrageous
statement against everything that is normal. She picks up a very
attractive black dress, looks at the work order and says in a resentful voice,
"Oh, that's the little twerp that came in here the other day, shaking her
ass and thinking any man that saw her would start drooling at the mouth like an
animal chasing after a bitch in heat."
Choo Choo and Boo Boo exchange amused glances, and Choo Choo
says, "How's everything going?"
Boo Boo is immediately perplexed and goes to the mirror,
looking at his bleached, blond hair that is frosted in a light tinge of purple
and says, "Oh, I had my hair done the other day, and I can't do a thing
with it."
Flirty throws down the work order and says, "Oh Choo,
you wanted me to remind you that Jew is having another press conference today at
10 o'clock."
Choo Choo looks at his watch, turns on the television and
says, "There's no telling what they've come up with now. They make me
sooo mad - all those things they've said about gays."
________________
The pressroom at Restoration
headquarters is very crowded. Such events have become quite an item for
local radio and television stations, always providing those of certain political
persuasions subject matter for controversial editorials that leave the general
public with the impression it is the Restoration responsible for the
controversy and not the conditions within the country that began to develop
before anyone even heard of The Restoration.. Behind the podium, there is a rear
projection screen, adding to the reporters anticipation that this press
conference will take on a different format and possibly create new material for
more entertaining journalism and increased costs to advertisers.
Melvin Rubenstein waits for the mumbling among the reporters
to stop. Seated behind him are Dr. Howard Earnshaw, Dr. Shelton Henderson
and Vernon Watson of the American Medical Bureau as well as Harvey Russell of
the Georgia Research Institute. Howard feels much apprehension but at the
same time is proud that he is wearing his second award St. Jude's Badge and one
Crusade Medal.
The mumbling ceases, and the room comes to a dead
quiet. Rubenstein says, "Many of you have expressed discontent as to
the controlled format of our press conferences in the past, so today, I thought
we would start with a surprise guest. I'm not sure what he'll say but am
relatively certain it won't be 'allusive and guarded' which are teams many of
you have affixed to our previous press conferences. May I then present
Horace Hastings, a talk show host from Chicago, who made a special trip to
Atlanta to appear here with us today."
Everyone is shocked to see perhaps the most vocal critic of The
Restoration enter the room and come to the podium. He is wearing faded
jeans, a white dress shirt with a bright, red tie and has greasy, black hair
some 10 inches long in a pony tail. As Rubenstein takes his seat beside
the others, Hastings glares at them for quite a few moments before beginning to
speak in a very forceful voice. "Do you realize what these men are
doing!? They're preying on conditions to gain power under the guise of
religion! Don't be taken in by what they say for it is they who are
responsible for the recent violence throughout the country. They've
operated under a mask of secrecy, and it is they who have committed acts of
violence against a segment of the populace. Soon, they will introduce
their own political agenda. They've waited awhile to do that - just long
enough to create hate and suspicion among racial and social groups within the
country through a well-managed sequence of propaganda explaining in their own
terms what they insist is what's wrong with America. Their goal is to
divide the country into disorganized slices, continue the propaganda until
they've fooled enough of the ignorant that don't have sense enough to see
through what they're doing. Then, amid the suspicion and fear they've created, they will gain the political
power that is their ultimate intent - all the while blaming others for greed and
breakdown in tradition. Hate-mongers have always done that. Just
recall the Nazi rise to power. At least the Nazis were honest enough not
to claim religion as a basis for their movement."
Rubenstein leans towards Howard and says, "That stupid
son of a bitch. He's walking right into it."
With mounting resent, Hastings continues, "Their
Crusades, as they call them, have been largely finger-pointing, often accusing
America's diverse culture for all that is wrong and dwelling on the insane idea
that merging the Church, one that they have created to serve their purpose, with
government offers America the only hope to regain its position in the
world. And what have they done other than secretly directing violent
attacks against enemies they have created to further mask their purpose?
They've taken advantage of the homeless and used them in their construction
projects at a fraction of what they would have paid the very people they profess
to put back to work. Their leadership, if you can call it that, has
destroyed jobs and plunged the economy into further downturn."
Again he stares at the others on the platform, and his eyes
come to rest on Vernon Watson and Harvey Russell for some few moments before he
says, "We have 2 men not dressed as storm troopers. The Gestapo never
wore uniforms. It didn't serve their purpose to be identified as they
carried away innocent women and children. If American doesn't stop these
fanatics, it's only a matter of time until we'll start seeing people hauled away
under an iron hand of terror to who knows what, and all in the name of
God."
With that, he abruptly turns, starts towards the one vacant
chair but then turns and walks out of the pressroom, slamming the door behind
him.
Rubenstein decides to let Vernon Watson introduce himself and
nods for him to take the podium. Watson is a tall, slender man with gray
hair and features of a reserved intellectual. He is dressed in a dark,
blue suit, white shirt and tie that perfectly matches his suit. For a
moment, he tilts his head before looking at the doorway behind which Hastings
has just disappeared. He tilts his head again and begins in the studious
tone one would expect from someone having such an outward appearance.
"I'm not from the Gestapo. In fact, I'm not even enlisted in The
Restoration. I do, however, share some of their concerns but these
concerns are not economic, political or religious in nature. Let me
introduce myself. I'm Vernon Watson. For the past 10 years, I've
been director of the American Medical Bureau that has the responsibility of
overseeing research in the medical profession, administering grants and
monitoring the insurance industry's activities, primarily in hospital
care. To my knowledge, the American Medical Bureau has never hauled away
anyone and has no immediate plans to begin any such practice that would not
serve the purpose of the
organization."
"So, what am I doing here amid what you just heard
described as a mask of secrecy and disputed political intent? It's for the
very purpose you might expect from someone in my position and that is to
announce what I and all on the Board of Directors at the Bureau consider one of
the most promising medical breakthroughs, certainly in my lifetime and as far
back as I can recall. Within the past few months, under the leadership of The
Restoration and careful monitor by the American Medical Bureau, Doctors at
Henderson Hospital, primarily Howard Earnshaw and Shelton Henderson who are here
with us today, have developed new methods of cancer treatment. Yes, you
heard me correctly - treatment. Not genetic engineering and not relegation
into a pain management system. Their research has the undisputed potential
of relieving the pain and suffering of many - all abandoned by the medical
system under an automatic system immediately categorizing many as hopeless, too
expensive to treat and therefore terminal."
He turns to the rear projection screen and continues,
"Although the press often doesn't have a scientific mind, you need facts to
support such a claim. I have a number of items for your
consideration."
On the rear projection screen, there is a
picture of the patient in room 34 in his hospital bed with many tubes and
monitors. Watson says, "You might expect such an environment for a person who is terminal and at the time this picture was taken, was only
expected to live a few more weeks under pain management. His x-rays attest
to that." The x-ray images come up on the screen, and Watson places a
pointer over several dark areas. "These are inoperable tumors across
the bottom of the spleen and penetrating into the gastric folds of the
stomach. There is a smaller tumor at the pyloric opening extending into
the ascending colon down to the hepatic flexure. Such an advanced
progression has long been regarded as hopeless. But now let me show you
something."
A video of the surgery at Henderson Hospital comes onto
the screen. The patient's heartbeats can be seen in the throbbing tissue
around the tumors, exposed by a long incision across his lower abdomen.
There is dead quiet in the room as the reports gape at the portion of the
surgery where Dr. Henderson used the endoscope to follow the progression of the
tumors behind the stomach and then painstakingly separate the organs to remove
the tumor through a series of braces he inserted to hold the organs in place
during the process.
As the next series of images come onto the screen, Watson
says, "Here Dr. Earnshaw is injecting a series of protein Inhibitons that
he developed after years of research. These compounds restore and
strengthen the properties of the p53 gene and enable the compounds to bind to
the cell receptor protein molecules of neighboring tissue and interrupt the
uncontrolled growth factor of any remaining cancer cells."
Briefly, the first series of x-rays come back on the
screen. As other images appear, Watson says, "Recall the progression of the malignancy
before surgery, and now observe x-rays 21 days after surgery. The dark
areas are absent." He points to a number of sutures around the
removal sites. "Healthy tissue growth is beginning to fill in along
the surgical line, and the patient is ready for the next step in his recovery
process."
There is a video of Dr. Earnshaw using an endoscope and a
modified laparoscopic process to insert several long needles into the tissue
surrounding the tumor sites. There is a stir in the room, and Watson waits
for it to subside before going on. "The drainage tubes have been removed,
and here we see additional Enhanceiton protein compounds consisting of highly
concentrated amino acids being injected into the organs around the removal
site. Now observe the x-rays 42 days after surgery and note the healthy
tissue has advanced over the sutures." Another x-ray is on the
screen, and he says, "Compare the last x-ray to this which is an x-ray of a
normal digestive system. All the patient's organs have been restored to
near normal regimentation." Then there are pictures of the patient
walking down the hospital hall and out onto the hospital grounds. Watson
says, "This is the patient 5 weeks after he was supposed to be dead."
There is a louder stir in the room when
additional x-ray images come on the screen. Still using the pointer,
Watson says, "This is an andenocarcinoma in the lung. Cancer has no
enclosing capsule which causes it to metastasize via the blood stream to other
parts of the body - sometimes into the brain. Brain cancer is the most
debilitating, often placing the patient into a slow progression process
involving much pain and finally loss of consciousness over lengthy periods.
Presently, treatment for such a condition would be denied by the insurance
system, the patient placed in pain management and only observed as he suffered
under a torturous death. Sedateomoxifaine is the primary drug used in pain
management but our research has shown many patients develop a tolerance to this
drug after only 3 or 4 months. Then, the patient is indeed hopeless, often
enduring unbearable pain until mercifully, the body concedes to death. You
may recall the original manufacturer of Sedateomoxifaine was bought out by
United Rx, a large conglomerate of smaller companies obtained by some very
complicated stock exchange procedures. With their marketing campaign for
Sedateomoxifaine, it has become the largest selling drug in the world.
Such is the outcome of clever advertising campaigns that often shield the facts
and serve the purpose of progressive statistics."
"I have another sequence of videos for this very
patient." Again, the surgery is shown as well as the post-operative
injection process, accompanied by x-rays showing the stages of tissue
replacement. He pauses and seems somewhat amused as the reporters strain
to see the screen, knock against each other and feverishly take notes.
Walking back to the podium, he says, "I'm going to ask this patient to join
us now."
An elderly man enters the room and quietly takes his seat
beside Dr. Earnshaw.
Watson again pauses, looks at the x-ray on the screen and
then at the patient. He points to a number of boxes at the rear of the
room and says, "All those boxes are labeled with your news organizations
and contain videos and case records for 15 patients who have undergone similar
treatments. Of course, more time is needed to determine the long-term
benefit of this new form of treatment but there can be no question of its
short-term benefit, be it only sparing the terminally ill the pain and suffering they
endure today in pain management. I think....no, I'm quite certain the
ultimate benefit will be proven to extend far beyond that. I sincerely
hope the press will not take this breakthrough and describe it as some terror
tactic or act to gain political power. Mr. Rubenstein
will now receive your questions."
Hands shoot up and clamor breaks out as Rubenstein silently
stands at the podium. Soon, they all realize he is waiting for them to
shut up, and a gradual quiet settles. As expected, the first reporter asks
a rhetorical question, seasoned with the normal suspicion of The Restoration.
"Mr. Rubenstein, what we've just seen are surgical procedures that became
obsolete many years ago. Do you honestly think the profession will take
this giant step into the past and abandon all the technological advances of
the present day?"
Rubenstein quickly shakes his head and says, "First, I
must correct the premise of your question. Please recognize we're speaking
of terminal patients presently in pain management who are receiving no treatment
at all. Then too, you must also consider the massive costs of maintaining
this new technology, as you describe it, is one of the main reasons for so many
restrictions in insurance, the collapse of the Medicaid system and a budget
crisis for many hospitals that has caused them to cease use of such equipment
in any event. Recognizing all these conditions, the recommended treatment
process is both practical and cost effective."
Another reporter asks in the same antagonistic tone,
"Mr. Rubenstein, Mr. Rubenstein, you've conveniently overlooked so many
aspects of how such an idea can be reasonable put into practice. Where is
the hospital space? Where will the doctors come from? I can
guarantee you present private insurance and Medicare will not pay for
experimental medicine."
Rubenstein faces the screen and immediately produces a
picture of the attack on Pearl Harbor.
The reporter shouts, "Now what's that got to do with
it?" as all the others chime in with a sarcastic laugh.
Rubenstein is still at the screen and asks, "How did the
country respond to this crisis?"
The reporter sits back down after saying, "I don't know
where you're going with all this."
Other images come up on the screen. The first is a
picture of an Army recruiting office and then a sweep to a long line of men
extending some 3 blocks down the street. Rubenstein says, "These are
only a few of the many who recognized the Pearl Harbor crisis and immediately
volunteered to do whatever they could to assist their country that was truly in
need at this moment in history. At this very moment, we're preparing
medical manuals outlining the surgical procedures and protein compounds for
post-operative treatment. We're going to ask every surgeon in the country
to first read these manuals and then attend a number of seminars we'll be
sponsoring throughout the country. After that, we still have enough
confidence in the American spirit to know many of them will volunteer one day
each week to contribute their skills to those so desperately in need."
Another question rings out. "These advanced cases
can't be treated like a woman in labor in the back seat of a car on the way to a
hospital. Even if you get the volunteers, who'll pay for the hospital
stays? You just said it won't be the insurance system and implied hospital
budgets won't allow them to contribute anything."
Rubenstein faces the reporter and sternly asks, "How
many people are there in the United States?"
Amid more laughter, the reporter says, "Hell, I don't
know. What....300 million?"
"Three-hundred twenty million,"
Rubenstein says. "Today, The Restoration will begin an effort
to enlist every single one of them in this....this Crusade to help the
sick. We're asking that each week, every family contribute but one
dollar for each member in their home to an accounting firm that will
independently receive and distribute the funds as training, qualification and
needs develop. The firm is Weinstein Investment Management. The
address is on the screen here and also posted on Restoration.org.
The Weinstein office will issue weekly reports on funds collection and offer a
careful accounting of expenditures."
He waits for other questions but the reporters, unsuspecting
such an announcement, cannot gather their thoughts, and the room falls into dead
silence.
Rubenstein signals the screen to be shut down and says,
"We have another announcement. May I introduce Dr. Harvey Russell of
the Georgia Research Institute."
Russell isn't nearly as polished as Rubenstein and is rather
tentative when he looks about the room, giving the distinct impression he is
unsure of what he is about to say and doesn't know exactly how to put it.
He and the reporters stare at one another until he finally says, "Acquired
Immune Deficiency Syndrome, more commonly called AIDS, is a disease that has
substantially fallen from the news since a number of suppression drugs were
developed. These drugs greatly reduced the progression of Human
Immunodeficiency Virus, or HIV, through strengthening the t-cell lymphocyte
production of anti-bodies, and transmission of AIDS has markedly reduced over
the past 20 years. Most any disease will develop a tolerance to drugs, and
the infecting organisms eventually take on an immunity to suppressing
medications. Within the past year, the Georgia Research Institute has
carefully monitored the national data base and observed an influx of
pneumocystis carinii bacteria pneumonia and certain cancers, primarily Hodgkin's
Lymphoma and Kaposi's Sarcoma. Further analysis has shown a greatly
accelerated RNA dependant DNA polymerase in a mutated form of the AIDS
virus. The most striking thing about this development is the great
majority of cases have occurred in elderly patients presently in the pain
management system - those one would not expect to have contact with blood-born
HIV antigens primarily transmitted by homosexuals."
The hush in the room is more intense as a fixed stare comes over the reporters'
faces, most of whom don't have the presence of mind to begin taking notes.
Russell gains confidence from the obvious level of interest and speaks much more
clearly. "Preliminary cell analysis strongly suggests transmission of
the new form of the disease is not limited to blood-to-blood contact, and it is
strongly suspected that infection can transmit through casual contact of skin
cells, perspiration and salvia. With the material that Mr. Rubenstein mentioned,
also included is a 12 month study of incidence rates among those over 65 years
of age, tabulated within postal zip codes. Without exception, the
localities have a high population of homosexuals, and these incidence rates
exceed any accepted parameter of probability and establish homosexuals as the
primary carriers of the mutated virus."
As a hushed undertone of whispers begins to build, Russell falls into what seems
a loss of confidence and hurriedly says, "I've told you all we know at this
point, and your questions would tell you no more than what I have just
said."
Prompted by the obvious intent to end the conference, the reporters enter into
something of an organized riot, as they madly sort through the boxes, trying to
find the one addressed to their station or newspaper. Soon, the room is
cleared, save many discarded notes on the floor, disorganized chairs and the few
individuals on the platform who remain for a few moments, staring at the vacant
room and then at each other.
________________
Within the next few days, various accounts and opinions appear in broadcasts and newspaper editorials. Many of the opinions are at odds but some speak to fast-emerging facts not open to interpretation.
Massive Response To Medical Fund Raising Campaign
Only days after the announcement of what The Restoration called The Helping Hands Crusade, Weinstein Investment Management, the appointed auditor, announced the fund has received 425 million dollars, mostly in individual contributions of $5 or less. The Crusade now enters into what medical observers describe as an impossible logistics management entanglement requiring a nationwide distribution of medical manuals, recruitment of surgical volunteers and negotiations with hundreds of hospitals that presently do not know what doctors will volunteer and if such doctors are on their surgical staffs. Aside from these concerns, other questions have arisen as to the legality of widespread implementation of the proposed procedures without the lengthy process normally required to obtain government approval.
It only takes a few days for the legal system, just as Vernon Watson had
predicted, to unleash a broadside of challenges to the medical research.
Doctor Harvey Russell was immediately fired from the Georgia Research Institute
for making unauthorized disclosures and endangering the privacy rights of
homosexuals.
In a recently developed legal maneuver, what is now called a joint suit by
parties having contingent interests is filed by the Georgia Medicare
Administrative Agency, the Georgia Research Institute, United Rx and the Gay Rights Alliance. A list
of violations
to existing law are cited claiming unauthorized medical experimentation, failure
to establish Medicare guidelines before beginning the surgical procedures and
administering the protein compounds and undocumented allegations that
homosexuals are responsible for transmitting a new strand of AIDS when
sufficient data does not exist to support the existence of the new strand.
Any application of the new findings is ordered stopped until creditable data,
large enough to support conclusions, can be tabulated.
The 5th Circuit Court in Atlanta ruled against the prosecution's request for a
long discovery period and distant trial date based on the prosecution's own brief that
insufficient data existed and there was, therefore, no material to
discover. There was some guarded shock when The Restoration
announced its case would be pleaded by Martin Rosenfeld, a Jewish lawyer, known
for his renegade courtroom tactics in previous corporate law cases that on a few
occasions had brought him close to being disbarred.
This case is by far the most controversial item in current news events and
offers the news media an unsurpassed opportunity to increase the cost of
advertising in the newspaper columns and televisions news. The reports
even exceed the space and time offered to accounts on who is suspected of
screwing who in Hollywood, who has been proven to be screwing who in several
prominent divorce cases and ads for upcoming television movies on sexual
predators.
________________
The DA's opening statement dwells more on allegations rather than established
fact relevant to the plaintiffs' case. He seems to have rehearsed his
pacing motion in front of the jury box and waving motions of the hands and arms
that make him appear more like a sidewalk preacher than learned attorney.
Finally, he comes to a stop, places his hands on his hips and faces Martin
Rosenfeld. "I'm surprised....I'm surprised that it took a case such
as this to bring you into court. I'll just tell you and the jury that a
number of criminal investigations against The Restoration are underway at
this moment, and I expected you to be brought up on murder and criminal
conspiracy charges rather than a civil case. You, Mr. Rosenfeld, will
insist other legal actions have no bearing on this case but perhaps they do.
Now, you've done what you have before - you've taken the law into your own
hands, assumed authority you do not have and clothed it all in some
self-endearing front that you have set out to restore the American spirit."
He moves to the jury box, and in a less challenging voice, says, "So now
what have you done? You've come up with some undocumented medical miracle
that while established authorities are trying to prove or disprove your claims,
the already burdened medical system will be further weaken while some
Frankenstein-like experimentation goes on. It will create hope among those
who have no hope, and the very system you propose to overhaul, like an unskilled
auto mechanic working on a jacked up vehicle in the street, will become more
burdened. This case must be determined by common sense. We have no
body. We have no murder weapon - at least not one that can be put in a
plastic bag and shown to you. What you must decide is a crime against
existing law where drugs not approved by government agencies have been put into
use by an organization who claims one of its proposed ways to rebuild American
is to merge the Church into government and increase centralized government
control of nearly everything. Yet, they contradict their own doctrine and
take off on their own like a dog that jumps the fence and ends up chewing off
the legs of a child down the street."
He walks back to the prosecutor's table, again changes the infection of his
voice and goes on. "Some have called you Neo-Nazi. Oh, you have
no death camps. Maybe that will follow as a convenient solution for those
who refuse to go along with conspiracy and all the rest. Although not
proven, there's little doubt you are responsible for the brutal attacks on the
innocent since you began your quest for power. You're on the verge of
launching your political campaign, and even it places you in marching steps with
the real Nazis. It's a platform against privacy, human rights and a
calculated exploitation
of news events and present conditions, some of which you created to suit your
own evil and power-seeking objectives."
"There are no witnesses to your past brutality - at least none who are
still living, but now we have evidence that has quite properly placed you where
you belong - as a defendant in a court of law. Oh, you say you've
collected millions of dollars for the public good but you knew your claims would
be challenged and you would find yourselves exactly where you are now.
It's all a scheme to direct these millions of dollars to who knows what.
Maybe one of your construction projects you claim is to house the homeless is
really a concentration camp you will open with no political fanfare to house
your opponents and not the homeless. Are we to wait for the explosions and
the buildings to start coming down? No, No, No - a thousand times
no. You're guilty of many crimes, only some of which are recorded in these
proceedings."
During the prosecutor's vigorous presentation and body motion requiring some athletic
ability, Rosenfeld remained quite calm. Now, he remains in his seat,
watches the prosecutor walk back to his table; and with his eyes still fixed on
him, slightly tilts his head. He then tilts it the other way and looks at
the judge who is staring at him with a rather stern expression. Rosenfeld
stands up, faces the jury and says, "If I'm expected to respond to what you
have just heard with the same waving motions and ranting hands, I'll need to
warm up." He then takes off his coat, does a few side-straddle-hops and touches his toes
a few times.
As laughter breaks out in the courtroom, the judge pounds his gavel as though he
were a carpenter driving in a 30-point nail. The laughter subsides, and he
says, "Mr. Rosenfeld, don't make a joke of what your client expects.
We'll have none of that or anything like it. Make your statement."
Rosenfeld puts his coat back on, picks up a piece of paper and begins to fan his
face as he walks towards the jury and says, "Perhaps I shouldn't admit it
but I'm confused. I think what I just heard was....what did he keep
saying....oh, yes - undocumented....undocumented claims. Well, as to
Neo-Nazism...." His pacing comes to an abrupt halt and he places his
hand under his chin before saying in an enlightened tone, "Wait a
minute....that's not what we're called here to decide but you know
that. Let me tax your imagination for a moment. Let's assume
everything you just heard is true and there is indeed some dark conspiracy, that
somehow no one has discovered, to assume political power and then place everyone
under some sort of occupation where all the Restoration's construction
projects overnight will be transformed into concentration camps housing
political opponents and lawyers who made undocumented claims against them.
What does that have to do with healing the sick and preventing the spread of
disease? Is it possible that such an evil organization as the Restoration
would even consider such a task. All those millions of dollars it now has
should not be wasted on medical research but no....put to better use in the
purchase of weapons and spread of political propaganda intended to exploit the
suffering of so many and serve its evil goals."
He pauses a moment, again tilts his head, as though in thought, and says,
"That's certainly one way of looking at it. There is, however, some
other explanation that, when you consider the facts, documented evidence
and not unsubstantiated theory, may well lead you to the truth that is now
your solemn responsibility to determine. Let's get away from all the
conspiracy theories and look at the facts you must consider. Have you ever
found yourself in a position, perhaps at home or at work, that you saw someone
who was not facing his or her responsibilities? What would you do, if your
wife ignored the needs of your children? What would you do, if you
discovered some procedure at your work that was neglecting the expectations of
your customers? Would you put your hands in your pockets, walk away and
simply recite that cliché of the me generation - 'that's not my
problem?' What should a responsible person do, when he or she observes
such things? Let's continue the trend established by the prosecution and
dwell on the Nazis. Some of the greatest heroes of World War II were
Nazis, for it was they who saw grave crimes against humanity, not to mention
flawed tactical planning, and it was they in the July Plot who rose up and
attempted to assassinate
Adolf Hitler. Their goal was to stop the atrocities
and negotiate an immediate peace with the Allies, for they saw the cause of the
war, greatly changed since the nationalist movement had begun, was
hopeless. Goals had been deceived and worthwhile purpose lost. So,
what's my point? The need was recognized and the response to that need
came from within the Nazi party itself. The party didn't respond to
the need and join the move to bring a humane end to the war. What did it
do? It hung those in the July Plot with piano wire and after that,
thousands and thousands more died for nothing."
"Regardless of where you stand on today's political issues or whether you
are conservative or liberal, you surely must recognize substantial needs exist
within the country. As long as the medical system is the central question,
why don't we get away from undocumented accusations and look at the
facts. Like the Nazi curfew, substantial restrictions exist. Much
medical research has been abandoned. It's too expensive - especially when
current economic theories such as progressive statistics discourage
assuming additional expense when profits from existing products are
increasing. Much of the advanced computer equipment in hospitals now
stands idle. It's too expensive to maintain and in fact, there's no need
to maintain it for surgeries medical insurance will now deny. It's much
less trouble and much less expensive to place suffering patients in pain
management. Statistics clearly establish they won't live long
enough and the expense for materials needed to wipe the urine and feces away all the while
they're suffering are much lower than surgery for hopeless patients. If
we are permitted to theorize to the extent the prosecution has, we could say
this is the oppression that is ruling America. No one is dying in gas
chambers but people who could be saved are dying all the same. Those who
cannot afford medical insurance or have insurance that will not pay due to
recently incorporated restrictions, are being led to the gas chambers of pain
management. Accountants and statisticians, not doctors, have it all worked
out. Death comes more quickly and less expensive than any effort for
cure. That's the system, so hang The Restoration with piano wire
and continue to permit those with the skill and resources to stand by with their
hands in their pockets and eyes closed. Then, when America finally
recognizes or admits what has happened, do the same thing as the Nazis at the
war crimes trials and simply say, 'I didn't know. I was just following
orders.' Or should we do the same as those in the July Plot - rise
up against the system, stop the killing, regain our lost purpose and send a
helping hand to those who are so desperately in need? I submit there is
one other way to consider these charges. Suppose I walk back to the desk,
remove the gun from my briefcase and shoot the judge, because I don't like the
way he combs his hair. By any legal standard, I am guilty and should be
executed. Suppose I simply walk to the bench, slap his hand, and say, 'I don't like the way you comb your hair,' and then, run and face the
corner as though I were a child in the 3rd grade? The same thought
prompted both actions but should the SS now come, remove me from the
corner and take me away to the same electric chair used to execute a
murderer? What is the greater crime - murder or a slap on the hand?
Don't ask yourself that question - it's obvious. What you must determine
is what is the greater crime - to recognize a need and do nothing or with all
your heart and worthy intent, rise up against it - just as those in the July
Plot and just as The Restoration has now done."
The prosecutor, paces in front of the witness chair, now occupied by a
representative of the Georgia Research Institute, and asks, "What is the
procedure for obtaining license to distribute newly developed pharmaceuticals?"
The witness says, "We use roughly the same procedure as did the FDA before
that responsibility was delegated to the states. First of all, any
organization submitting findings must first be licensed as a research
facility."
The prosecutor briskly walks back to his table, removes several documents and
says, "Your honor, may I submit in evidence the license of Henderson
Hospital where these experimentations took place. The facility is licensed
as a private hospital and has no license for medical research." He
moves back to the witness and goes on. "Aside from administering new
drugs and treatment methods, what are the activities of the Georgia Research
Institute?"
"We tabulate a highly structured information gathering process, receive
case reports from hospital administrations all over the state and conduct test
on bacteria and tissue samples in an ongoing process to apply this information
in the development of vaccines and cures."
The prosecutor looks at the jury and rather loudly says, "What is the
procedure for an independent medical facility to conduct research on drugs or
procedures normally done at the institute?"
The witness also looks at the jury and forcefully says, "They must submit
supporting data and be issued a license. Based on evaluation by our
medical staff and the relative merit of the submitted proposals, in some
instances, a financial grant is awarded to assist the research."
"And what did The Restoration do before conducting the research and
even putting the alleged results into surgical and treatment procedures?"
The witness shrugs his shoulders, looks at the judge and says,
"Nothing."
Walking back to his table, the prosecutor says, "A violation of state
law....not to mention medical ethics."
Rosenfeld steps forward, holding a book on his shoulder, as though he were a
soldier marching in a parade, and asks, "Do you
know what this is?" as he shows it to the witness.
Immediately, the witness is indignant and pointedly says, "Of course, I know
what it is. It's the by-laws of the Georgia Research Institute."
Rosenfeld begins sifting through the pages and says, "I read the entire
thing the other day and was especially struck by article 3 on page
54." He hands the book to the witness and says, "Would you read
the first sentence to the jury?"
The witness reads the sentence first, hesitates and in a much toned-down voice,
recites, "Mission - To aggressively encourage and test treatment methods
and medications, grant licensing and establish procedures for implementation for
the health of the general public."
"And exactly how do you do that?" Rosenfeld asks.
"We must first establish the benefit and determine side effects through
test parameters and lengthy trial periods before any drug can to into general
distribution."
In a rather astonished tone, Rosenfeld says, "Really...." He
goes back to his table, picks up a stack of computer data sheets and returns to
the witness, holding them on his shoulder in the same manner as he did the
by-laws. He asks the witness, "Do you know what this is?"
Somewhat disinterested, the witness says, "No."
"It's something I got from the Department of Public Records. Anyone
in the state can get a copy by filling out a half-sheet request form and paying
$10. If you park across the street from the department, it'll cost you
$12." He returns to his table and begins an exaggerated flipping
motion, as he searches through the pages. "Oh, yes. Here it
is. According to information your office submitted to the records
department, within the the 15 year period preceding the last 5 years , your
department granted 1500 licenses for medical research - all properly documented under the process you have
described." He continues to flip, being certain he makes more noise
with the pages. "But wait - during the past 5 years, only 125 such
licenses were granted. When I saw that, I had to make another trip to the
records department and pay another $12 to park. Now where did I put
it? Here it is. These are records accrued from information each
hospital in the state of Georgia is required to submit to your agency each
quarter and my God, within the past 5 years during which you awarded a scant 25%
of the licenses than during the proceeding 15 years, cancer deaths in the
state of Georgia rose 24%." He walks back to the witness stand,
shaking his head and holding his palms up. I think statisticians call this
'a conflicting data base requiring further analysis.'"
"Were you aware of these figures."
"Yes."
"What did you do?"
"Nothing."
"Why?"
"We didn't need to waist the taxpayers' money doing research on something
we already knew. Independent medical research has become very expensive,
and all the drug companies are now largely producing drugs that have an
established market. Most of the drugs developed during the 5 year period
you mentioned were pain killers now used in pain management. If the
medical system will not pay for treatment of terminal cases, the need to develop
treatment drugs diminished to the point large scale research, often requiring
years, was not cost-effective."
Again Rosenfeld says, "Really....well, well....I'm afraid I'm going to have
to ask that you again look at article 54 and explain to this court why the
Georgia Research Institute has greatly diminished conducting the very activity
it was formed to achieve."
The prosecutor jumps up as though his chair were on fire and shouts,
"Objection - the institute has broken no laws, and this entire line of
interrogation is only an effort to misdirect the jury's attention from the
central issue."
In a very studious voice, the judge looks over his by-focals and says,
"Overruled. The defense is laying a foundation. You well know
that's permissible."
Rosenfeld looks at the prosecutor and says, "I knew you would say something
like that. Recall my example about shooting the judge or slapping him on
the hand." He whirls around and very quickly paces back towards the jury,
then turns around and goes back to the table where he takes his coat off again walks back to the jury. "In each of those examples, an
injustice was done." He whirls around again and faces the
witness. "But if all I do is slap someone's hand and tell him
something he truly needs to know, should I go to the chair - the same as if I
had murdered him and left it to the undertaker to comb his hair?" He
whirls around yet another time and faces the jury. "This case is not
one to be decided on evidence collected from a crime scene."
The prosecutor again jumps up. "Objection. The defense is
making a closing statement in the middle of a cross-examination."
The judge, without realizing it, brushes his hand through his hair and says,
"Sustained. Mr. Rosenfeld, save that for the proper time."
Rosenfeld places his palm over his lips and tip-toes back to his table. He
faces the witness and asks, "Based on these public records, can you
honestly say the Georgia Research Institute has met the responsibilities
outlined in its own charter?"
Again, the witness is indignant and responds, "You can't look at it in such
a simplistic manner. The department has a budget that has been greatly
reduced during the period you mentioned due to failing tax collections. We
can't go out like someone from the Gestapo and issue an ultimatum to any
hospital or research facility to require them to do anything. That's not
the way the free enterprise system works."
Rosenfeld again puts his coat on, places his hands on his hips and asks,
"And what should one do when the free enterprise system does not
work?" Again, he picks up the computer runs and almost shouts,
"If you need, a body at some crime scene, here it is." He
takes his coat back off and walks back to the witness. "The prosecution
keeps referring to Nazis. You just did yourself in referring to the
Gestapo. May we continue this analysis and say we're speaking of 2 evils. On one hand, we
have a department that has not done what it was chartered to do. On the
other, we have a hospital, granted without proper license, who has taken on some
of that responsibility; and despite what you have said, at this point, there is
no data to support the claims of the research are not entirely valid."
The witness says, "I don't understand the question."
The prosecutor jumps up. "That's not a question."
Rosenfeld continues, "Well, then I must continue the metaphor analysis the
prosecution began. Would you say we're speaking of 2 acts. The lack
of activity by the institute and the unlicensed research of Henderson
Hospital?"
As the witness says, "Yes," the prosecutor stands, doesn't say
anything and sits back down.
Rosenfeld walks back to the jury box, leans on the rail and says, "Then
continuing this analysis, would you say that those in the July Plot to
assassinate Hitler were faced with the same question. Which was the
greater evil? To permit the death camps to go on or try to end a hopeless
war by yes, another illegal act - murder. What would be the greater
evil? My shooting the judge or slapping him on the hand?" He
waits but the witness does not respond. He puts his coat back on, walks
back to his table, opens his briefcase and produces a single piece of
paper. He hands it to the witness and asks, "Do you know what this
is?"
The witness looks at the document for about one second, hands it back to
Rosenfeld and says in a weak voice, "It's the Hippocratic Oath."
Rosenfeld walks back to his table, takes his coat back off and begins distributing
copies of the Hippocratic Oath among the jurors as he says, "Surely, the
prosecution won't object to this being entered into evidence. It deals
with a physician's obligations and pledge to do no harm." He
walks back to the witness and asks, "Isn't it true that medical science has
surrendered to pain management and progressive statistics - employees
have been laid off, many restrictions have been added to medical insurance and
as long as a profit margin exists at a certain level, nothing will change....unless....unless
someone, some group of individuals , much the same as those in the July Plot,
come forward and assassinate the system? Oh, not out of malice but out of
a sincere determination and drive to carry out the standards of the very
document you are holding in your hand? What crime, if you insist on
calling it that, has been committed? Who has been harmed? What
should the jury decide? What the defendant has done or what the system has not
done. And then, then comes the question. Where does the crime really
exist?"
The prosecutor pounces to his feet and paces towards the bench. "Your
honor, council is again making statements and not conducting a cross
examination. I object."
The judge says, "Overruled. I'm not sure about the grammar but there
is a question there." He looks at the witness as though intrigued at
what his next answer might be.
The witness is confused, not knowing that is precisely the reaction Rosenfeld
had hoped to achieve, and only says, "We have to act within the budget we
are awarded and at our level, can't take off and establish new guidelines and
benefits within the system."
Rosenfeld pounds the table and shouts, "And that, ladies and gentlemen of
the jury is precisely what all the Nazi war criminals said. 'I was just
following orders.'"
The prosecutor appears dumbfounded but calls the next witness from United RX.
With the same accusatory nature
is in his voice, he asks, "One of the questions the jury must decide is
what injury these unproven and undocumented claims The Restoration has
made has caused the plaintiffs to suffer. What can you tell us about
that?"
The witness is hostile and barks out, "We've experienced substantial loss
in stock value. Orders for Sedateomoxifaine, our largest selling product,
have declined dramatically, even though it is the most widely used pain killer
in the pain management system."
The prosecutor folds his hands and says, "Let's try to avoid the wide
speculation that brought us here and only concern ourselves with established
fact. What other adverse effects have you experienced?"
"We've found it necessary to lay off a number of employees, and the decline
in stock value has discouraged our continuing research projects. We're a
business and must make a profit. Due to that, sometimes, we must do things
we'd just as soon do without."
"Would it be factual to state that recent events have caused great harm to
your business?"
"Yes, without question."
Walking back to the table, the prosecutor looks at Rosenfeld and says, "We
need not prolong these proceedings with dramatics and courtroom shenanigans.
What you have just heard are the facts central to this case."
Rosenfeld walks to the witness and says, "I was trying to find a word to
describe some of the things I found in the last prospectus of United RX, and the
prosecutor just gave it to me. I don't think shenanigan is a widely used
accounting term but let's look at your own report and see just what has injured
your business to the extent you just testified. United RX showed a 25%
increase in profits 3 years ago and 33% 2 years ago. There's several pages
here detailing what you just said. Sedateomoxifaine is the most widely
used pain killer and this one drug alone is responsible for nearly all of the
increased revenue." He thumbs through the pages and adds, "But I
don't know if you should call it a shenanigan or not but look here, operating
expenses during this same period are down 30% and 40% respectively. I
looked through the prospectus several times and could not find any explanation
of this which struck me as a more glaring statistic than the increased
revenue. Oh, don't misunderstand me. You don't have a charter as
does the Georgia Research Institute and don't have the exact responsibilities as
a government funded agency; and as you stated, a business must make a
profit but the further and further I got into the prospectus, the more and more
questions I had. Let's get back to this same 3 year period. Your
research allocations declined 45%, and as stated, the employee payroll
went down 30%, yet your stock value increased 21%."
Rosenfeld walks to the jury box and asks, "Since your suit was brought, how
many employees has United RX laid off?"
The witness stares at the prosecutor and in a much more guarded tone, says,
"Well....actually none. We have what we call short term and long term
planning phases. Due to recent developments, additional layoffs are
anticipated in both the short and long term."
Rosenfeld turns so the jury can see the prospectus and goes
on. "There's a very complicated graph on page 11 with blue and red
lines running up and down. Based on the blue lines, within the past 4
months, you've actually added 5% to your work force." He faces the
witness but does not ask a question.
After another hesitation, the witness says, "We were not meeting production
schedules and found that necessary."
Still at the jury box, Rosenfeld says, "I try to keep up with what's
going on in the business world." He begins walking back towards his
table and says, "Perhaps I shouldn't tell anyone, but the legal system
really doesn't use sexy private investigators, like in those television programs,
to uncover dark facts needed to sway a jury. I suppose some of my clients
will be asking me why I charge so much when I tell you I get a lot of
information I need to present court cases from magazines such as this that I
bought at the corner drug store for $1.25. There's a long article in here
about the current implementation of the theory of progressive statistics.
It starts out by justifying the practice by mentioning that in times past,
business procedures had a record of expanding to include enough steps to
accommodate the number of employees producing much redundancy and excessive
operating costs. It says here that as competition grew within the past 10
years, employers found it necessary to cut expenses by removing many processing
steps and redundant quality control administration. The central guideline
is that such reduction should continue until it produces an adverse effect on
profit. Is United RX presently operating under such a procedure?"
"Not to the extent you imply."
Rosenfeld stands perfectly still for a moment before his mouth drops open.
He reaches into his briefcase and produces a neatly bound manual. He puts
one hand on top of his head and the other at the bottom of his chin and pushes
his mouth closed before walking to the witness stand, handing the manual to the
witness and asking, "Can you tell the jury what this is?"
"It's
the manual for management trainees at United RX."
"And who wrote it?"
"I did."
Rosenfeld opens his coat and stuffs the manual under his belt. "Since
you wrote it, you don't need me to tell you it is divided into 3 major sections,
namely, Progressive Statistics and Cost Management, Downdrag of Employee
Benefits and Outsourcing to Achieve Tax Benefits." How
does laying off someone and sending his job to an outside source achieve a tax
benefit?"
"We would no longer need to maintain the equipment required for his job,
would not pay Social Security tax and would no longer carry him in medical
insurance and retirement benefits. That's an established trend. If
you read the article, you know that."
Rosenfeld jerks the manual from his pants, leaving his shirt half-way out, and
asks in a startled voice, "Do you mean that before all these undocumented
claims were made by The Restoration, United RX was already well into an
expense cutting program?" He fumbles through the pages and says,
"Oh, yes. Here it is. You call it downsizing."
"No. That's what whoever wrote that article called it. We call
it rightsizing."
Rosenfeld's hands drop to his side, and the manual falls on the floor.
"Do you mean....do you mean that, call it what you may, United RX was well
into some kind of sizing that saw quality control procedures eliminated and many
employees with it?"
"I wouldn't put it that way?"
Rosenfeld picks up the manual. "Maybe I'm making something very
complicated that is really very simple. Lawyers do that you know, hoping to
confuse a jury. Sometimes it works, and sometimes it doesn't. Let's
get back to the facts. Isn't is true that your, what did you say, short
and long term planning, already provided for the layoffs long before this suit
was brought?"
The witness refuses to give a direct answer and only says, "We didn't plan
the decline in stock value."
Rosenfeld slaps his palm against his forehead and says, "I'm glad you
brought that up. I almost forgot." He stops and looks at the
ceiling. "I can't remember where I parked my car either."
He produces more computer pages and walks towards the witness, taking long,
swift steps. "These are quarterly reports from the 10 largest
hospitals in the United States during the same periods we have
mentioned." He slaps his hand against his head again and says,
"Your honor, I forgot to enter the prospectus into evidence. Here it
is as well as these reports." He does a military about face, comes
back to the witness and asks, "Now, where was I." When the
witness says nothing, he leans forward and says in a muted voice, "Don't
tell me you haven't been paying attention." After another brief pause
when he searches through his pants pockets, as though he had lost something, he
says, "Check the figures if you like. During the period in question,
prescriptions for Sedateomoxifaine were down 25%, and what did the prosecutor
say a minute ago? Oh yes, a shenanigan. Well, if you look very
closely at the prospectus, you're going to see something of an accounting
shenanigan. Isn't it true that the profit declared is due expense reduction from
employee layoffs, reduced benefits and cuts in quality control procedures?"
The witness looks helplessly at the prosecutor and mumbles, "Yes."
Rosenfeld places his hands on his hips and says, "And just how long can you
continue to conceal the fact you are losing market share by a substantial
margin, primarily due to reduction in orders for Sedateomoxifaine?"
The witness becomes increasingly more restless and says, "That's not my
department. I don't have the facts at hand to make such a
projection."
For a moment, a startled expression comes over Rosenfeld before he says, "I
agree. Damn, I asked the wrong question. What I should have asked
would concern the past and not the future." He moves closer to the
witness and pointedly adds, "Are you telling this jury that all the figures
in the documents now entered into evidence are the result of about a 20 second
statement in a press conference held by The Restoration when it announced
its medical findings? How could that be? The figures have been
steadily declining for months?"
"No, but the claims made about Sedateomoxifaine did have an adverse effect
on stock value?"
Rosenfeld walks back to his table, stops, looks back at the witness and asks,
"Then I have only one other question. What concern does United RX give to
all the patients now in pain management who are suffering because
Sedateomoxifaine has a very short tolerance deterrent? Where does your
true responsibility rest? Is it obligation to the stock holders or those
who are seriously ill?" He looks at the judge and says, "That
was 3 questions."
"We have a responsibility to both and must weigh changing developments and
take cooperate action to meet them."
A very confused demeanor comes over Rosenfeld. He stares at the wall for a
moment, sits down and then stands right back up as he says, "No other
questions are needed to give the jury the true facts in deciding this
case."
The prosecutor waits for Rosenfeld to sit back down before saying, "Your
honor, the state calls Boo Boo Tiller, Secretary of the Georgia Gay Rights
Alliance." As the witness takes the stand, he says, "Many self-styled
facts have been placed before the court. What sort of facts can you offer
to support the claim recent announcements by The Restoration have had a disastrous
effect on the Midtown Business District?"
"I have quarterly income statements from 20 businesses in the area.
The aggregate loss in trade amounts to a 51% decline over the average of the
past 3 years for the same quarter."
"And how did such a decline occur?" the prosecutor asks as he enters
the documents into evidence.
"Almost overnight and exactly concurrent with The Restoration's
press conference."
The prosecutor faces the jury and asks, "And how else has the Midtown
Business District been damaged?"
"One of the main activities of the Gay Rights Alliance in recent years has
been to gain rights and protection for alternate life styles. Their
statement that homosexuality is abnormal, filthy and disgusting has only renewed
prejudices against these life styles as well as ridiculing labels
such as 'odd-balls, queers and fairies.'"
"Let me be sure I understand your testimony. These statements, or
allegations, have not only put your businesses at risk but have also produced
great mental distress in tearing down the progress against discrimination the
Gay Rights Alliance has achieved."
"That is certainly correct. A number of businesses have been
vandalized. Here are the police reports you can enter into evidence."
The prosecutor stares at Rosenfeld who stares back before looking towards the
back of the courtroom and then under his table.
As he hands the judge the documents, he says, "No further questions."
The judge says, "Mr. Rosenfeld, don't you wish to look at this
evidence?"
"No," Rosenfeld says as he walks very slowly towards the
witness. "We need to establish the central question and not bring in extraneous
acts for which The Restoration had no direct control." He
faces the witness and asks, "Just for a moment, let's take it that there
really is a new strand of the AIDS virus that can be communicated by casual
contact. What would you regard the greater threat to the general public -
presumed derogatory statements about life style or the danger of mass infection
from a virus for which there is no known treatment?"
The prosecutor jumps up and almost runs to the bench as he says, "Your
honor, this is improper cross-examination on a premise not opened in direct
questioning."
"Overruled. You referred to the press conference in which this was
mentioned. In any event, this is one of the points in the plaintiff's
complaint. It cannot be excluded from testimony."
Boo Boo says, "I have no idea. Casual contact is much too general a term. All
I know is my business, as well as the others in evidence, have been greatly
damaged."
Rosenfeld folds his arms and asks, "If one were to take a completely
objective view of the facts now before this court, would he say that lack of
knowledge as to how such a virus could be spread would make the threat to the
general public even more menacing?"
"I don't know."
"Exactly. No one knows. That's the whole point."
Rosenfeld walks to the bench with more computer pages in hand. He looks at
the top page, wads it up and throws it in the trash can 30 feet across the
room. "Your honor, what we have here is another report from the
Georgia Research Institute. The material marked Exhibit A is a
tabulation of new cancer cases in the United States within the past 10
years. Especially note the highlighted sections on Hodgkin's Lymphomas and
Kaposi's Sarcoma. During the first 7 years of the study, the cases
actually declined by some 3%, however; during the past 3 years, there was a 34%
increase in occurrence of these 2 types of cancer." He hands the
judge still more computer pages and says, "We did another study for the
past 3 years and tabulated the new cases by postal zip codes." He
faces the witness and hands him a few of the pages before asking, "What is
your postal zip code?"
"It's 30030."
Rosenfeld starts licking his fingers as he thumbs through the pages and says,
"Ah yes, here it is - 30030." He hands one of the pages to the
witness and asks, "For these 2 types of cancer, what is the incidence rate
in 30030 for the past 3 years?"
"Thirty-eight percent."
"Compared to what for the preceding 7 years?"
"Minus 3%."
Rosenfeld produces still more documents, walks to the bench and says, "Your
honor, here is letters from the city councils of the largest 15 cities in the
United States, the same localities on the item previously entered into
evidence. Each confirms large homosexual populations in the zip codes with
the other reports." He walks back to his table and takes a few
moments to arrange all the computer runs into 3 neat stacks before saying,
"Boo, you're a businessman. If you were to see your business decline
some 41%, what would you do?"
"Try to determine the cause, and perhaps change the product line."
Rosenfeld walks forward again and adds, "I don't suppose the specific
action is important but the point is you would take some rather drastic
action. Is that not correct?"
"Yes."
Again, Rosenfeld seems confused. "Can you image the alarm the Georgia
Research Institute must have felt when this material first came to their
attention - perhaps the same as you would feel in trying to deal with a 41%
decline in sales?"
"No. I'm concerned with running my business and leave such questions
to responsible government agencies."
Rosenfeld jumps 2 feet off the floor and says, "Exactly my point,
Boo. The Georgia Research Institute is the responsible agency, and they
did nothing for a number of months after coming by this information. Now,
do you agree such an agency has the same responsibility as a business
owner when adverse trends develop? They must determine the cause and take
appropriate action."
The
prosecutor is perplexed and shouts, "Objection. The witness has no
knowledge of how government agencies implement their responsibilities. The
question is out of order."
The judge says, "I agree in principal but not application. The
witness from the Georgia Research Institute has already testified as to its
responsibilities. Mr. Rosenfeld, I must caution you on dramatics.
Limit your questions to subjects on which the witness has direct
knowledge."
Rosenfeld remains perfectly still for a moment, and a frown comes over his face,
as though he were about to cry. He faces the witness and asks,
"You've testified that reference to homosexual life style as abnormal,
filthy and disguising has caused mental pain and suffering among those in this
life style. Would you describe the homosexual sex act to the jury?"
The prosecutor jumps up so fast, several papers blow off his table, fly
half-way across the floor and come to rest in front of the jury box as he
bellows, "Objection! Objection! What has that got to do with
the question before this court?"
"Overruled. The plaintiffs' suit alleges prejudice towards alternate
life styles, and the jury is entitled to hear possible causes and then, who is
responsible."
The witness starts squirming around before saying in a suppressed tone,
"One partner's organ is inserted into the anus of the other."
Rosenfeld's mouth drops open and he asks, "Do you consider that abnormal,
using the relationship between man and woman as the standard?"
"For gay couples, it isn't abnormal."
"What percentage of the populace is gay?" Rosenfeld asks in a biting
voice.
"No one knows for sure but it's estimated around 15%."
"We've spoken so much about statistics, wouldn't you say we can accurately
say the lifestyle of 85% of the country should be considered normal?"
"Legislation to protect any minority rights has never subscribed to
majority rule."
"That question in the context of this trail is something the jury must
decide." He goes back to his table and picks up
a large book before going back to the witness and saying, "This is a
medical dictionary. I've marked 2 sentences. Would you please read
them to the jury?"
In a very broken sentence structure, Boo Boo begins, "Escherichia coli is a
bacteria that lives in the intestines. It is the most common cause of
urinary tract infection and infection in wounds." Quickly, he hands
the book back to Rosenfeld.
"Boo Boo, based on learned medical fact, would you not agree such an act
is unsanitary?
"I wouldn't describe it as filthy."
"What do you think the issue is, Boo? How you would describe it or
the impression of the general public resulting from the claims in your
suit?"
"I can't answer that."
"Of course you can't. There is no one opinion resulting from such a
term. One person might view it as offensive while the other might view it
as accurate. We'll never arrive at an absolute opinion as to what possible
damages could result and might as well move on. Would you say there is a
natural conflict in cultures between gay and straight citizens?"
"I wouldn't put it exactly that way."
"Then how would you explain all the laws that have been passed to protect
the privacy of gays and protect them from discriminatory hiring practices?"
"You refer to legislation to assure our rights are protected the same as
anyone else."
"Precisely my point, Boo." Regardless of whether one agrees with
the premise of such legislation, the very fact such laws were passed would seem
to confirm there is a conflict of some nature but my concern must now turn from
the rights of gays to the rights of the general public. Don't you feel it
deserves some protection under the law from exposure to communicable
diseases? Bear in mind that legislation guaranteeing privacy denies
potential employers from accessing medical records and exposes a much larger
segment of the population to exposure to disease - especially in view of the
recently discovered strand of AIDS? Who or what protects those
rights?"
Boo
Boo becomes perplexed and only says, "Write your congressman."
Rosenfeld puts his hands in his pockets and stares at the ceiling.
"That wouldn't do any good. She's a lesbian. Would it be fair
to say that all segments of the society should have the same rights -
that is each has the right to speak out against the other, especially on matters
involving health, and one is entitled to just as much legal protection as the
other, so which lifestyle suffers the most? Is it homosexuals who have the
potential of spreading a new strand of a disease or the other lifestyle who
should expect protection from that possibility?" Before the witness
can answer, he jerks his hands out of his pockets, and adds, "I realize
that's an impossible question to answer. The simple truth is, as I'm sure
you and the jury realize, that no law, application of free speech or any
results from any form of medical research should ever be expected to avoid
prejudice to 100% of any society. We'll need to leave it to the
jury to decide that point as well as if they regard the homosexual act you have
just described as disgusting or something they feel they should try themselves."
Boo Boo glares at Rosenfeld, leaves the stand and the prosecutor says,
"Your honor, the state rests."
Rosenfeld watches the prosecutor until he is seated and then says, "Your
honor, the defense requests a recess until tomorrow morning in order to prepare
the courtroom for our presentation."
________________
As the jurors move back into the jury box, they all stare curiously at the 10
chairs in front of the witness stand and video setup complete with screen and
several projection devices as well as several x-ray viewing lamps.
Rosenfeld sits down beside one of the projection devices, leans back and crosses
his legs as though he were about to view something on the screen but then jumps
up and says, "Oh, we're not ready for that yet." He walks
to the jury box and says, "Facts!" With that, he makes an abrupt
about face and motions for the guard to usher in 10 persons who take the chairs
in front of the witness stand. He remains still for a moment, establishing
eye contact with each of them individually and begins to nod his head, as a
broad smile comes over his face. He approaches the bench with a handful of
medical folders and says, "Your honor and jury, these witnesses are the
first patients who voluntarily took part in - what is it the suit claims - oh
yes, experimental medicine. These are the case records to be entered into
evidence. This is the only evidence the defense will present. Oh
no, I didn't say that correctly. This is the only evidence the defense
needs to present for the facts in the case records substantiated by the
video you will see...." He stops abruptly and moves to the front of
the jury box, looking at the jurors and saying, "Do you know what I almost
said? I almost said the facts will prove the alleged experimental medicine
yielded results far beyond any other treatment method for decades."
He turns around and walks back towards the 10 witnesses but then turns right
back around and goes back to the jury box and says, "You really must excuse
my. My dog kept me awake all night and I'm not thinking very straight this
morning. It just occurred to me that every advance in medical history
began as an experiment. I mean when Moses came down off the hill, he
didn't bring any medical manuals with him, and I guess that means God intended
man to figure out certain things on his own."
He faces the witnesses. "Will the patient in room 34 please stand and
walk to the jury."
The man stands and walks across the front of the jury box, establishing eye
contact with each juror, and then returns to his seat.
Rosenfeld says, "We call Doctor Henry Hannah, previously of the Monroe Medical
Facility." As the witness is seated, Rosenfeld asks, "Please
give the jury your experience in the medical field as well as the purpose of the
Monroe Medical Facility."
The witness is a very distinguished appearing person with gray hair and dark
skin tone. He is dressed in a light gray suit, with light blue shirt and
gray tie. He says, "Forty
years a doctor, fellow of 3 surgical associations and 10 years at Monroe Medical
which is a government funded organization overseeing hospital operations,
insurance benefit distribution and placement in pain management."
"And why would a person with such a background enter into a job that is
largely administrative in nature and does not involve any direct application of
his medical skills?," Rosenfeld asks, leaning over the witness stand.
The witness says, "The very nature of my past experience is what lead me
into such a job. I was beginning to find my practice was restricted by
cost cutting measures throughout the medical system and the emergence of pain
management as the only allowable treatment for many conditions. As a
doctor, I could do nothing and thought getting into an organization with some
policy-making authority offered the best way to improve medical care for the
terminally ill."
"And what resulted?"
"Nothing."
"Can you give us more specifics?"
"Our purpose was to monitor hospital case records and create a data base
accessible by every hospital in the country with the idea such a system would
make information on advances and new treatments available to everyone -
especially those in medical research. Our budget was cut every year I was
there, and there was a strong insurance company lobby against nearly every
recommendation we made."
"You said when you were there. Are you no longer a member of that
facility?"
"No. I felt I was serving no purpose at all and resigned."
Rosenfeld appears to be talking to himself but is sure his voice is loud enough
for the jury to hear. "Field Marshall Erwin Rommel must have felt the
same way when he enter the July Plot." He moves to one of the x-ray
lamps, produces and x-ray and says, "What can you tell us about this?"
"It shows organs of the digestive system are substantially involved in a
series of tumors. You can see them in the dark areas. If the tumors
were to be determined as malignant, such a patient would automatically be
classified as terminal and placed into pain management, unless he or she could
afford to pay for elective surgery. Changes in insurance conditions within
the past 10 years would deny any surgical benefits once a patient is determined
terminal."
"Why?"
"Such advanced surgery and post-operative therapy are viewed as too
expensive - especially in the case of a patient who has a limited life
expectancy, even if the surgery were performed."
Rosenfeld switches on one of the projection devices and says, "Ladies and
gentle of the jury, this is a video record of the complete surgical
procedure. There is a video record for each of the 10 witnesses that you
may wish to view during your deliberations. Doctor, you've viewed the
complete video record. Please elaborate on the experimental nature of what
you saw."
"The only step that remotely approached experimental was the fact that a
number of established procedures were combined in the same surgery. The
insurance system has disallowed such advanced procedures for years."
Rosenfeld switches on another projector as he says, "The patient in room
34."
It shows the patient in a hospital bed, unconscious and with a number of leads
attached to several monitors. Rosenfeld asks, "Describe what this
is."
"A patient who, had he not been at Henderson Hospital, would have been in
the pain management system, under heavy sedation and waiting to die."