| Introduction Readers
who have read our last issue will remember the tragic story of Diane Fleming who
is currently serving a life sentence in a US jail for a crime she did not commit.
For those who are reading our magazine for the first time, Diane’s husband,
Chuck Fleming, unwittingly consumed soft drinks that contained aspartame. The
autopsy report concluded that Chuck had died of methanol poisoning. The prosecutor
for the State of Virginia accused his wife, Diane, of poisoning him with windscreen
washer fluid, on the basis of only slim circumstantial evidence.
The trial
was most unusual, taking only two days to convict her with many questions left
unanswered and the evidence in Diane’s defence was poorly presented to the
jury.
In an effort to gain public support for Diane’s release, Namaste
Magazine is publishing another article about Diane which is a personal account
written by Diane’s close and loyal friend Betty Rickmond. Betty has crucial
details of the events surrounding this travesty of justice. The
Namaste Team
By Betty P. Rickmond When
I finished reading John Grisham’s “The Innocent Man” and I was
so enlightened; not only because it was a true story; it makes us all aware of
what possibly goes on “behind the scenes” in our juridical system! We
are all lead to believe that our juridical system is to be trusted and accepted!
In the last five years I have begun to have doubts! This
book really “hits home” because a dear friend and fellow parishioner
of mine/ours sits in Fluvanna Correctional Center, Troy, VA as I type; found guilty
of first degree murder, accused of adulteration of her husband’s Gatorade
with methanol, supposedly with “windshield washer fluid”; the only thing
they (the detectives) found in her home that had any traces of methanol in it;
and the seal on the bottle had not been broken and the “full” bottle
of windshield washer fluid was still on the garage shelf.
Let me begin from
Sunday, June 11, 2000:
This typical Sunday morning, Diane Fleming, her 18 year
old son, Jeff, 7 year old daughter, Meagan, left home together to attend Sunday
School and Sunday School Appreciation Service. Her husband, Charles (Chuck) and
older son, Chuckie, age 24 arrived later for the 11 AM service.
After the service,
Diane, Chuck, Jeff and Meagan proceeded to the local Costco to purchase a muscle
enhancing product called “Creatine” because Chuck wanted to add this
substance to his “body building” regime he had begun 6 months earlier.
He was also experimenting with the “Ripped Fuel” (containing ephedra)
and he took a number of prescriptions for various ailments. Also, Chuck Fleming
drank 8 to 10 diet drinks, daily, his main source of liquids; this included mixing
his Bourbon whiskey drinks nightly with diet Sprite. Many, including me/we were
not aware of the dangers of ingesting aspartame (the sweetener in the diet drinks).
Coke Company even admits that aspartame when exposed to 86 deg. or higher breaks
down into methanol. Diane purchased diet Cokes by the cases to be stored in the
garage because Chuck insisted the refrigerator be stocked each afternoon before
he returned home from work. Back
to Sunday Afternoon Costco
did not sell the Creatine, so Diane went to the local GNC and purchased the Creatine.
They did purchase a case of Gatorade at Costco because Chuck did not want to mix
the Creatine with water (he seldom drank) or juice (he never drank). It is a MUST
you consume copious amounts of water when ingesting Creatine! Creatine pulls the
water from your body into your muscles, therefore enhancing your muscles. But,
you MUST replenish that water in your system! Chuck Fleming did not!
When Diane
returned home with the bottle of Creatine, she and Chuck mixed one bottle of the
Gatorade with 1-1/2 heaping “tablespoon” of Creatine; the directions
called for “teaspoon” but Chuck misread the abbreviations, therefore,
the bottle/s had three times the recommended amount. Diane later realised the
mistake and mentioned it to Chuck; his response was “more is better”!
Chuck Fleming did not know, because it was his first time of ingesting Creatine,
that he was ingesting what is called a “Creatine Blast”. Dr. Terjung,
PhD, professor of physiology in biomedical sciences at the University of Missouri-Columbia,
sent me a document, which states “any signs of intoxication from Creatine
would occur the first time of ingesting”. Creatine
enters the blood stream within 30 to 60 minutes, then begins its function.
I
have researched and also discovered that many Creatines contain Aspartame, which
I believe could be the reason for the small traces of methanol found in the Gatorade
bottles because it was some time before testing was done for methanol after the
bottles were confiscated by the detectives. The chemical name for Creatine is
“methyl quanidine-acetic acid”. The chemical makeup for Creatine is:
three amino acids - Arginine, Glycine and Methionine (CH3).
A publication
from the “Pub Med”, National Library of Medicine, states “A number
of N-methyl compounds, including several methylamines, “creatine”, sarcosine,
choline and betaine, were readily fermented by enriched cultures yielding “methane”
as a major product. Brady
Violation Included
in Diane’s Habeas is an affidavit from, Joseph J. Saady, Ph D, Chief Forensic
Toxicologist, stating he performed “certain tests” on the Gatorade bottles
for dye and soap elements of windshield washer fluid. It states, “As a result,
I could not definitely determine whether any amount of windshield washer colorant
was present in the Gatorade mixture and, therefore, did not issue a Certificate
of Analysis”. He notified Investigator, Elizabeth Baker, that he would not
be issuing a report because no definite conclusions could be reached from the
tests.
THESE TESTS, NOR THE NOTIFICATION TO ELIZABETH BAKER WERE NEVER
MADE AVAILABLE TO DIANE’S ATTORNEY, THEREFORE, NEVER MENTIONED AT DIANE’S
TRIAL FOR THE JURY TO HEAR AND, THE TESTS WERE PERFORMED TWO MONTHS OR MORE BEFORE
HER TRIAL!!
By law, the prosecution MUST divulge any “exculpatory”
evidence they have to the defense before trial. Failure to do so is called a “Brady
Violation” and is grounds for a reversal on appeal.
A very respected toxicologist
in LA is adamant that a test “NFT1” could detect the source of the small
traces of methanol that were in the Gatorade bottles. Investigator, “Elizabeth
Baker” at the police department in Chesterfield County said she would not
release the bottles. What! How can she make that decision? SIGNS
OF NAUSEA
Back
to the Fleming home that Sunday afternoon: Chuck, after tasting the Creatine in
the warm Gatorade, decided to put it in the refrigerator until he returned home
from his regular games of basketball, outside in the hot sunshine. He drank that
first bottle of Gatorade/Creatine, worked in his garage, ate only ice cream for
dinner and later brought in FOUR more bottles of Gatorade from the garage for
Diane and him to mix for his consumption the next day at work. He, after they
finished the task, retired early, saying he was tired. The next morning he felt
ill, but went to work, taking with him the bottles of Gatorade/Creatine. Monday
Morning:
Diane was taking her little girl to school and passed Chuck returning
home, she thought, to get his briefcase, he had left in the car. When she arrived
back home, he was on the sofa, showing signs of nausea. She immediately asked
him if he wanted to go to a doctor and he replied, “It’s probably just
a flu bug or something; I’ll be O K in awhile.” After some time, he
finally allowed Diane to call a doctor, who called in a prescription. By late
afternoon his condition worsened, so finally she convinced him to let her call
911. He was rushed to hospital, diagnosed with methanol poisoning, lapsed into
a coma, lingered for 2 more days until life support was disconnected.
The
doctor advised Diane that Chuck had methanol poisoning and she should get the
police involved.
Diane called a friend, who was a policeman, and he helped
her contact the police.
The same afternoon her husband died, the detectives
came to her home, looking for anything containing methanol and took the “unopened”
gallon of windshield washer fluid that Diane pointed to on the shelf in the garage
and the medications Chuck was taking. Diane, upon request from the doctor, had
taken to the hospital, the bottle of Creatine, his Bourbon and whiskey bottles,
and the water bottle he had taken to play basketball. She also told the detectives
about the bottles he had taken to work and reached in her refrigerator and took
a Gatorade bottle from the shelf and handed it to the detective.
The detectives
also found a discarded Gatorade bottle in the garage; the bottle Diane is certain
Chuck had drunk his first Creatine/Gatorade from; but because the bottle had no
traces of methanol and only had Chuckie’s (son) fingerprints, they (detectives)
disregarded it.
One
“fact” sheet (I have hundreds in my possession) states, “Creatine
is not stable in “aqueous” solution due to an intramolecular cyclisation”.
Diane’s
oldest son, Chuckie, returned home that Sunday evening from work shortly after
Chuck had retired. When he was first questioned by the detective on June 28, 2000
Chuckie stated, “I remember that night when I came home I was looking in
the pantry for something. There was this container. In it was the Creatine. And
I asked I didn’t know what that was. And asked Mom what’s this for.
And Mom’s like you don’t want to take that. It’s a formula for
muscle builders”. When
the prosecuting attorney, Davenport, questioned Chuckie (page 85 of Transcript)
“Did you see her in the kitchen?” Chuckie answered “Yes”.
Davenport asked “And can you tell the ladies and gentlemen what she was doing?”
Chuckie: “Well, she had some bottles, just a few bottles of Gatorade on the
counter and this stuff called Creatine and I asked her what that was for and she
said Chuck was taking that for - it was some kind of exercise supplement. I’m
not sure what, but she said that it was a muscle building drink and said I didn’t
need to be drinking it.”
Later on page ‘87’ of transcript
Davenport asked “Now the bottles of Gatorade that you saw your mother
“MIXING” with Creatine when you came home from the Food Lion about 9:30
on Sunday, did you ever touch the bottles?” Again, he (Davenport) repeated
during his closing arguments on page 362 of transcript, “ Chuckie said when
he came home from work, his stepfather was in the bedroom and she was “MIXING”
Creatine and Gatorade in the kitchen.”
REFER BACK TO PAGE 85:
CHUCKIE NEVER TESTIFIED HE SAW HIS MOTHER “MIXING” CREATINE IN THE GATORADE
AND THE FIRST TIME HE WAS QUESTIONED, BEFORE HE WAS GIVEN A POLYGRAPH, HE TOLD
THE DETECTIVE THE CREATINE WAS IN THE PANTRY WHEN HE CAME HOME FROM WORK. SO,
DIANE AND CHUCK HAD FINISHED MIXING THE CREATINE IN THE GATORADE BECAUSE IT WAS
ON THE SHELF IN THE PANTRY! THREE
PANEL JUDGES DENIED HER APPEAL
This
was one of the reasons the “Single Reviewer Judge” denied her first
appeal and since then all other appeals have been denied. After discovering this
misquote, I called Diane’s attorney, Craig Cooley, and called it to his attention.
He wrote a supplement to the appeal “before” the “three panel judges”
ruled, but to no avail, the three panel judges denied her appeal. In an affidavit
Chuckie wrote, that was notarised on March 8, 2005, he (Chuckie) writes, “I
never testified at trial that I saw my mother, Diane Fleming, “mixing”
the contents of any Gatorade bottles. In fact, I do not recall seeing my mother
ever touching the Gatorade bottles.” It is so hard to understand how
many times, just a simple technicality can justify a mistrial or retrial and something
this crucial is completely ignored!
Diane’s youngest son, Jeff, was
graduating from high school the Thursday evening following the death of his stepfather
on Wednesday. Diane’s parents left Missouri that Monday, in route to Diane’s
home to attend her son’s (Jeff) graduation Thursday evening (the day after
Chuck died). How could “anyone” believe Diane would choose that day,
Sunday, to kill her husband?!
Later, Diane and her sons agreed to polygraphs.
Diane was told she passed with “flying colours” as did Jeff, but was
told Chuckie’s was questionable. A page from the “police report”
in Diane’s Habeas confirms her results. Knowing this, and believing the detectives
were targeting Chuckie; Diane knows now, in retrospect, she did a stupid thing;
believing her son was innocent, she removed the hard drive from the “family”
computer that contained some horror sites he frequently visited. In her mind,
she believed if the detectives saw these sites he visited, they would think Chuckie
was weird. Chuckie writes in his Affidavit that was notarised March 8, 2005 for
Diane’s Habeas “The name of the website that my mother knew I visited
was ‘Mortado’s Page of Filth’. If I had been asked at trial I would
have stated that the primary focus of the website was the discussion of horror
movies.” SEARCHES
FOR METHANOL POISONING
Special
agent, Michael P. Monroe, from the Virginia State Police, testified he examined
Charles (Chuck) Fleming’s computer and determined on three occasions that
visits were made to the Internet sites related to methanol poisoning on May 15,
2000. Mr. Monroe testified this computer was in his possession from July 20, 2000
until he completed his review on August 20, 2000. Diane had changed out the hard
drive from this computer, as stated in above paragraph, early July, 2000; so she
(Diane) questions; “How could anything from May, 2000 show up on a hard
drive that was placed in the computer in early July, 2000?” She readily
admitted she did searches for methanol poisoning the week of June 11th, 2000 after
the doctor informed her of her husband’s diagnosis.
Thirteen months
after Chuck’s death, Diane was arrested for the murder of her husband. She
was granted bail until her trial in 2002.
Keep in mind, none of the
above information was made available, prior to Diane’s trial, regarding the
Aspartame, Creatine, Ephedra, etc. because at that time, none of us was aware
of the dangerous side-effects of all of the above; either one or a combination
of could be the culprit! Many hours and much research have gone into the information
provided. This is why I/we hope and pray she will be granted an evidentiary hearing
or “A Writ of Innocence” hearing.
A
professor of law at VCU, Mason Byrd, took an interest in Diane’s case, wrote
her Habeas, which was argued by her Habeas Attorney, David Hargett. Mr. Hargett
argued 22 issues before the same Judge Cleo Powell, Chesterfield Circuit Court,
who presided over Diane’s trial in February, 2002. She denied each and every
one of the 22 issues. I have a hard time understanding why the judge who sentenced
you would be the one to hear your Habeas. Some of Diane’s staunch supporters
who were present at Diane’s Habeas Hearing (I was out of town) said they
thought that Judge Powell was going to fall asleep during the hearing!
Some
very qualified doctors, toxicologists, a former judge and others have written
affidavits and declared, after reviewing Chuck Fleming’s autopsy, that he
died from aspartame poisoning. I have a number of these notarised affidavits in
my possession.
It is so hard to convince, even her attorneys, that “something”
not “someone” could be responsible for Chuck’s death!!
If
anyone researches “Aspartame Poisoning” and “Creatine”, he/she
will be amazed at the side effects either of these substances can cause. Creatine’s
chemical make-up is enough to make me question what actually broke down in the
Gatorade bottles to produce the traces of methanol.
A Certificate of Alcohol/Drug
Analysis dated June 13, 2000, from the Medical College of Virginia Hospital of
Virginia Commonwealth University signed by a Carl H. Wolf, II, M. S., actually
states that on the bottle of Phosphagen Creatine (the bottle Diane took to the
hospital upon the request of the doctor) “Contents were not tested
for methanol, due to the fact that the contents were in powder form and thus could
not contain methanol”. Another Certificate of Analysis was issued
by the Division of Forensic Science, dated July 29, 2002, AFTER her conviction,
on the same bottle of Phosphagen Creatine. The results: “methanol not detected”!
Another
“fact” sheet from the “Methanol Institute” states “A
single can of diet soda containing 200 milligrams aspartame, would produce 20
milligrams of methanol in the body”. So, if a person drank an average of
8 to 10 diet drinks daily, the consumption of methanol from aspartame would be
160 to 200 milligrams of methanol “daily”; and if that person ingested
other products containing aspartame such as Equal, NutraSweet, Spoonful, low-fat
cookies, Jell-O, pudding, ice cream, and numerous others, the milligrams of methanol
ingested would be even more!
ASPARTAME'S
SAFETY IS FLAWED
AND FULL OF LIES
Wendell
W. Whitman, M. Div., N.D. writes: “When ingested, aspartame breaks down
into three amino acids as well as methanol, a poisonous alcohol. The continuing
digestive process than converts this methanol into formaldehyde”.
In 1974, neuroscience researcher, Dr. John Olney, from the Washington School of
Medicine in St. Louis, Missouri and consumer attorney, James Turner, investigated
the research performed by S. D. Searle on aspartame and concluded it was flawed.
These two men were instrumental in influencing the FDA to withhold its approval
of aspartame from August to December of 1974. However, Searle Drugs vigorously
lobbied Federal and Congressional Officials to move aspartame to the market despite
substantial evidence of the chemical’s detrimental side effects. The FDA
proclaimed in 1984 that “no evidence has been established that aspartame’s
methanol by-product ever reached toxic levels,” saying “ Many fruit
juices contain higher levels of the natural compound”. However, the Medical
World News in 1978 reported that the methanol content of aspartame is more than
“1000” times greater than most foods under FDA’s control. Aspartame
is composed of three chemicals: aspartic acid, phenylalanine, and methanol. Dr.
James Baich in his book, Prescription for Nutritional Healing, places aspartame
in the category of a “chemical poison”. Aspartame has been declared
by some to be the most dangerous food additive on the market. When ingested, aspartame
breaks down into three amino acids as well as methanol, a poisonous alcohol. The
continuing digestive process then converts this methanol into formaldehyde. People
who ingest aspartame should perhaps see their mortician and ask for an embalming
discount since they will already be partially embalmed with formaldehyde when
they die. When aspartame is heated above 86 degrees Fahrenheit, free methanol
is created. This occurs when aspartame is improperly stored or heated in a food
product such as Jell-O.”
In closing, I would like to repeat what
I have said and written many times during the last 4 ½ years: SO
MANY DOCTORS, TOXICOLOGISTS, PROFESSORS, AND VICTIMS;
THEY CAN’T ALL
BE WRONG!!! I
quote a paragraph from another “best seller” written by John Grisham:
“The jury is all important. Guilt versus innocence. Freedom versus prison.
Life versus death. All to be determined by the jury. It’s a fragile system,
this trusting of lives to twelve average, ordinary people who do not understand
the law and are intimidated by the process.”
I am so obsessed
with helping prove Diane’s innocence. I cannot sit by and watch a beautiful,
kind, intelligent, loving mother of three (especially her now is daughter 13)
sit in prison for 25 more years. She was sentenced to 30 + 20 years to run concurrently.
http://www.rense.com/general78/dying.htm
Dying
For A Diet Coke? By Chris Wheeler, New Zealand october 2007. Contains the damning
Statement by Louis J. Elsas, II, M.D., Professor of Pediatrics, before the USA
Senate Committee of Labor and Human Resources on the subject "Nutrasweet:
Health and safety concerns", November 3, 1987.
http://www.dorway.com/bressler.txt
This
is the FDA Audit which proves Searle How they faked the lab tests and tried to
deceive the FDA.
http://www.dorway.com/secrets.txt
This
document shows corporate jockeying to get a product on the market. http://www.wnho.net/congressional_record1.doc
The
Congressional Record on aspartame. http://www.wnho.net/congressionalrecord.htm
Congressional
Record, Dr. Richard Wurtman, Aspartame http://www.dorway.com/metz3feb.html
Letter
from Senator Howard Metzenbaum on United States Senate Stationary (Committee on
the Budget) dated February 3, 1986 to Orrin Hatch who was the Chairman of the
Labor and Human Resources Committee. http://www.dorway.com/metz2hat.html
Letter
from Senator Howard Metzenbaum of the Senate Committe on Labor and Human Resources
to Senator Orrin Hatch, the Chairman of the Senate Committee on Labor and Human
Resources
February 25, 1986.
Dear Orrin:
“I am at a loss
to comprehend the thrust of your recent letters on my request for hearings on
the safety concerns raised in the scientific community regarding NutraSweet...”
(asapartame) http://www.wnho.net/fda_petition1.doc
The
FDA Board of Inquiry Report that revoked Searle’s petition for aspartame
approval. http://www.dorway.com/raoreport.pdf
SC-18862,
52 week Oral toxicity Study in Infant Monkeys. http://www.dorway.com/elsas.txt
S.
Hrg. 100-567 “Nutrasweet” - health and safety concerns Hearing Before
The Committee On Labor And Human Resources United States Senate, Hundredth Congress
First Session On Examining The Health And Safety Concerns Of Nutrasweet (Aspartame)
November 3, 1987. http://www.wnho.net/aspartame_interacts.htm
Aspartame interacts with all drugs and vaccines Case histories of aspartame
adverse-events. http://www.wnho.net/aspartame_msg_scd.htm
Athlete
Alert on Sudden Cardiac Death by Russell Blaylock, MD http://www.wnho.net/aspartamenews.htm
Mission
Possible International aspartame news.
http://www.sunsentpress.com
Aspartame
Disease: An Ignored Epidemic, 1000, page medical text by Dr H.J. Roberts MD http://www.russellblaylockmd.com
Excitotoxins:
The Taste That Kills
Dr. Blaylock discusses the toxic effects of a number
of food additives, including MSG (monosodium glutamate), aspartame and L-cystein. The
Secret Life of Bill Clinton.
by Ambrose Evans-Pritchard. Cited
This
book reports Dr. Fierro’s role in the Vince Foster affair:
Regnery Publishing
1997, ISBN 0-89526-408-0
(See previous issue of Namaste Magazine, Dr Fierro
is involved in Diane’s case) The
Strange Death of Vincent Foster:
An Investigation by Christopher Ruddy.
Free Press, Simon & Schuster, 1997. ISBN 0-684-83837-0
Sweet Misery: A
Poisoned World Sweet
Remedy.
To purchase these films, please see inside back cover of this
magazine for details. Websites:
http://www.dorway.com
An
archival site on aspartame with many articles and official documents that prove
aspartame is illegaly on the market. http://www.wnho.net June
25, 2007
Related Links: Ramazzini Aspartame Study
Centre for Science in
the Public Iinterest
Aspartame Letter to FDA
Aspartame Letter to Food Products
Association
“Because aspartame is so widely consumed, it is urgent
that the FDA evaluate whether aspartame still poses a ‘reasonable certainty
of no harm,’ the standard used for gauging the safety of food additives,”
said CSPI executive director Michael F. Jacobson. “But consumers, particularly
parents, shouldn’t wait for the FDA to act. People shouldn’t panic,
but they should stop buying beverages and foods containing aspartame...
...As
a result of the new study, for the first time CSPI downgraded aspartame on its
online Chemical Cuisine directory from a “use caution” rating to “everyone
should avoid.” CSPI also urges everyone to avoid the artificial sweeteners
acesulfame potassium and saccharin...”
A Request to the Public and the Media We
ask you to tell the truth, if you dare, and stop the cover-up concerning the poison
marketed as aspartame.
It is has been yet another SAD SAD week for truth
and journalism. On the 23rd October 2007, the Daily Mail in the UK did a U-TURN
and published incorrect information regarding aspartame! WHY we must ask? In view
of the undeniable mountain of evidence against aspartame, it is beyond our comprehension
how the Daily Mail could print such sludge. If this were not such a serious matter,
one would find what they have printed laughable. However, it can never ERASE the
truth. The perpetrators of aspartame have infinite support for their heinous crimes
against the public and continually present false information through the media.
This stance is maintained by beings that are within the corridors of power.
Read John Swintons address to the Free Press from 1880 in News
Not In The News There
is no longer an online petition website for Diane because it was ineffective.
Names of petioners were collected sometime ago and given to the Prison Governor,
who to date has made no response. If you can think of anyway to help Diane, we
implore you to do so. Follow the links in this article, do whatever additional
research you feel is necessary and help us to obtain a release for Diane.
Contacts:
Dr. Betty Martini, Founder, Mission Possible Int., Tel: (1)770 242 2599
Don
Harkins, The Idaho Observer, Tel: (1)208 255 2307 If
you would like to help/write to Diane, her address is:
Mrs. Diane Fleming,
#311655
FCCW 8D 209A, Box 1000, Troy, Virginia 22974. USA.
You can only
send a maximum of 5 pages to Diane.
(Cost 39c stamp in the USA)
Donations
would be most gratefully received by Money Order and International Money Order.
To help with Diane’s legal defense, please send donations to: Diane Fleming
C/O David Hargett, Attorney 11545 Nuckols Road, Suite C, Glen Allen, Virginia
23059, USA.
Betty Rickmond can been contacted by email:
bettyrickmond@comcast.net.
The
Diane
Fleming Story - The Tragedy, The Cover-up |
