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Office of Medical

Company Information :
Office of Medical
PO Box 1507
Studio City, CA 91614-0507
Ph. 323-650-6667
Fx. 323-656-3909

Media Contacts:
Clark Baker

Military Appeals Court to Review Evidence in Conviction of SSgt. David Gutierrez Based on OMSJ Findings

For Immediate Release

WASHINGTON, D.C., DC/EWORLDWIRE/Aug. 11, 2014 --- The Office of Medical and Scientific Justice (OMSJ) (http://www.omsj.org), a non-profit investigative agency that provides medical, scientific, and legal support to victims of unapproved and unreliable medical and scientific practices, reports that the U.S. Court of Criminal Appeals for the Armed Forces in Washington, D.C., has granted a review of a case involving Sgt. David Gutierrez, a 20-year military veteran.

Citing questions about whether the evidence used to convict Sgt. David Gutierrez, a 20-year military veteran, was insufficient, the Court will also review whether the long delay in granting the post-trial petition violated Gutierrez' right to due process. The review is expected to occur by the end of 2014.

In 2011, Staff Sgt. Gutierrez, 44, was convicted of aggravated assault and adultery for exposing multiple sex partners to HIV at swinger parties. He was sentenced to eight years at Ft. Leavenworth Federal Penitentiary, after which he will be dishonorably discharged from the military.

Initially rejected by Gutierrez' defense counsel at trial, OMSJ was accepted. After reviewing Gutierrez medical records, OMSJ expert Rodney Richards, Ph.D., a chemist and HIV test expert, found that the testing facilities had deviated from FDA and military directives. Richards claims in an affidavit that the results could not prove infection with any degree of medical or scientific certainty.

OMSJ expert Nancy Banks, M.D., a board certified gynecologist and sexually transmitted disease specialist, further challenged the medical evidence used to convict Gutierrez. "Even if standard FDA-proved tests had been used," she stated, "the tests are subject to false positives for a variety of reasons, and particularly for vaccinations." A member of the 22nd Maintenance Squadron at McConnell Air Force Base, Tech Sergeant Gutierrez consistently received top performance evaluations for managing the service and repairs for the 22nd Refueling Wing.

Although he was healthy and never assigned to hostile combat zones, Gutierrez cooperated with the military's experimental vaccination program and received more than 40 vaccinations - for such diseases as anthrax,
hepatitis, tuberculosis, and pneumonia, 17 of which he received in 2007 at roughly the same time he submitted to the initial HIV tests.

During the next three years, the clinicians who tracked Gutierrez' health indicated that he was nothing more than "asymptomatic" - no visible sign or evidence of disease. Gutierrez continues to deny that he is HIV positive and that he committed adultery.

Allegations that Gutierrez committed adultery were called into question when OMSJ's investigation found that the military veteran's wife willingly participated in and encouraged the couples' group activities.

Gutierrez' appeal also cites ineffective assistance of trial counsel as a contributing factor in his conviction.

Founded by investigator and retired LAPD officer Clark Baker, of the more than 50 cases OMSJ has completed since 2009, all but three have resulted in favorable plea agreements, acquittal or the withdrawal of all HIV-related charges.

"This one case has the potential to remap the entire landscape of HIV testing and prosecution in the United States military," said Gutierrez attorney Kevin B. McDermott, "and to halt this national injustice."

Contact: Kevin B. McDermott, Attorney
Email WarLawyer@aol.com

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Clark Baker
Office of Medical & Scientific Justice, Inc.
PO Box 1507
Studio City, CA 91614-0507
PHONE. 323-650-6667
FAX. 323-656-3909
EMAIL: cb@omsj.org

KEYWORDS: HIV criminal cases, HIV tests, wrongful prrosecutions, criminal defense attorney, criminal investigation, private investigator, private investigation service



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