Steve G.

Posts Tagged ‘Science’

Safety Alert from National Propane Gas Association

In Health, Media, Personal Responsibility, Science on May 23, 2008 at 4:59 pm

SAFETY ALERT

Anh Cylinder 3 - tankINTRODUCTION: Readers of this bulletin should consult the law of their individual jurisdictions for codes, standards and legal requirements applicable to them. This bulletin merely suggests methods which the reader may find useful in implementing applicable codes, standards and legal requirements. This material is not intended nor should it be construed (1) to set forth procedures which are the general custom or practice in the propane industry; (2) to establish the legal standards of care owed by propane distributors to their customers; or (3) to prevent the reader from using different methods to implement applicable codes, standards or legal requirements. The National Propane Gas Association assumes no liability for reliance on the contents of this bulletin. It is offered as a guide only to assist expert and experienced teachers and managers in training in service personnel in their organizations.

Caution!

The brass valve in a propane cylinder will be damaged if it comes in contact with anhydrous ammonia. This deterioration will lead to cracking of the valve body or its components and can ultimately result in a violent, unexpected expulsion of the valve from the cylinder, causing personal injury or death.

Background and Recommended Action

It has come to the attention of the National Propane Gas Association that propane cylinders are being used in the manufacturing of Methamphetamines. This drug is commonly referred to as ‘crank’. Manufacturers of this illegal substance are using propane cylinders for the storage and the use of anhydrous ammonia. These cylinders have been found in many states at cylinder exchange and refilling locations as well as in hotel rooms and mobile laboratories, where the manufacturing of this illegal substance takes place.

Anh Cylinder 1 - valveAs observed in the illustrations, a blue-green stain on any brass portion of a service valve is evidence that it may have been in contact with anhydrous ammonia*. The pungent odor of ammonia on or near the cylinder is also an indication. If you suspect that a propane cylinder contains or has contained anhydrous ammonia, exercise extreme caution and restrict access to the area.

It can be dangerous to move the cylinder due to the unknown integrity of the cylinder’s service valve. If you determine that it must be moved, keep in mind that hazards due to valve expulsion can be reduced by pointing the end of the container in which the valve is placed away from yourself and others and towards the most safe direction.

Anh Cylinder 2 - valve & tankImmediately contact your Fire Department, Hazardous Materials Emergency Response Unit or the nearest office of the United States Department of Justice’s Drug Enforcement Administration (DEA) for information on properly disposing of the cylinder. If these respondents are not sure what to do, for assistance call 1-800-728-2482, which is the contact number for PERS, an independent hazardous materials information resource.

*Note: Sherwood valves contain a green coated valve stem. Additionally, a green thread sealing compound is used on some valves. These valves should not be confused with those that have been exposed to anhydrous ammonia.

Man foregoes snake oil, sells snake vodka instead

In Courts and Justice System, Crime, Drug War, Entertainment, Health, Humor, Law, Law Enforcement, People in the news, Politics, Science, Shine on you crazy diamond on April 1, 2008 at 11:44 pm

Snake vodkaI couldn’t help but chuckle a bit when I read this. This is such a novelty that I’m quite sure that many people would pay top dollar for it, but not as an ancient Asian elixir. They’d buy it because it’s a bottle of vodka with a doggone rattlesnake in it, LOL.

Still, I don’t see the harm, as long as the snake’s venom doesn’t poison people who drink the beverage (though I will also note that later in the story, Bayou Bob admits that “I’ve honestly never seen a person drink it”). The state doesn’t say anything about it possibly poisoning anyone though; they’re just upset because he doesn’t have a liquor license. So it appears that the state is just worried about getting their cut.

A rattlesnake rancher who calls himself Bayou Bob found a new way to make money: Stick a rattler inside a bottle of vodka and market the concoction as an “ancient Asian elixir.” But Bayou Bob Popplewell’s bright idea appears to have landed him on the wrong side of the law, because he has no liquor license.

Popplewell, who has raised rattlesnakes and turtles at Bayou Bob’s Brazos River Rattlesnake Ranch for more than two decades, surrendered to authorities Monday. He spent about 10 minutes in jail after the Texas Alcoholic Beverage Commission obtained arrest warrants on misdemeanor charges of selling alcohol without a license and possessing alcohol with intent to sell.

If convicted, he faces up to a year in jail and $1,000 in fines.

Popplewell said he will fight the charges. His intent, he said, is not to sell an alcoholic beverage but a healing tonic. He said he has customers of Asian descent who believe the concoction has medicinal properties.

“It’s almost a spiritual thing,” said Popplewell, 63.

But alcohol commission agent Scott Jones pointed out that investigators confiscated 429 bottles of snake vodka and one bottle of snake tequila. At $23 a bottle, that’s almost $10,000 worth of reptilian booze.

Even if Popplewell intended his drink be used as a healing tonic — an assertion the alcohol commission disputes — his use of vodka requires a state permit, authorities said.

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“It’s sold for beverage purposes, and he knows what he’s doing,” commission Sgt. Charlie Cloud said.

You can read the rest of this interesting article here.

What is the government’s proper function in child death caused by religious belief?

In Constitutional Rights, Courts and Justice System, Crime, First Amendment, Health, Law, Obituaries, People in the news, Personal Responsibility, Science on April 1, 2008 at 9:17 pm

Madeline Kara Neumann, Leilani and Dale NeumannOn Sunday, 11-year-old Madeline Kara Neumann, known as “Kara”, died due to diabetic ketoacidosis. While diabetes is a treatable disease, the girl had not seen a doctor, so she had not been diagnosed with diabetes.

Her parents, Leilani and Dale Neumann of Wisconsin, believe that healing is received only through faith, and not through medicine. They therefore did not take Kara to a doctor even though she had been severely ill for days, possibly a week. Instead, they prayed for her.

Authorities were first contacted by the child’s aunt in California, who had asked them to check on the child. From ABC News:

“My sister-in-law is, her daughter’s severely, severely sick and she believes her daughter is in a coma,” [Ariel] Gomez is heard telling the dispatcher in one of the 911 calls released by the sheriff’s office. “And, she’s very religious, so she’s refusing to take [Kara] to the hospital, so I was hoping maybe somebody could go over there.”

Gomez asks authorities to send an ambulance, and warns the dispatcher that Leilani Neumann will fight attempts to intervene. “We’ve been trying to get her to take [Kara] to the hospital for a week, a few days now,” Gomez tells the dispatcher.

Before police got to the house, they received a medical emergency call from the Neumanns.

The parents post on the website of a congregation which refuses medical treatment, but the minister said they are not members of that congregation. The parents seem to have their own prayer group, comprised of about eight people. Authorities believe the girl, who was being homeschooled at the time of her death, had been very ill for several days, possibly a week, before her death; and the mother had reported to family members that the girl had slipped into a coma, but they were still refusing to take her to a hospital, believing prayer would heal her.

In an interview with The Associated Press, the girl’s parents confirmed that they believe healing comes from God, but said they did not want their child to die, they are not zealots and they do not have anything against doctors.

Dale Neumann, a former police officer, told the AP that he started to perform CPR on his daughter “as soon as the breath of life left.”

In the interview, Leilani Neumann said that she is not worried about the police investigation because her family’s lives are “in God’s hands” and they know that they did the best thing for their daughter that they knew how to do.

You can read the entire ABC News article here.

Carl and Raylene WorthingtonA similar case occurred earlier this month, when 15-month-old baby Ava Worthington died of bronchial pneumonia and a blood infection, after Carl and Raylene Worthington, her faith healing parents, failed to obtain any medical care for the infant; the illness was exacerbated by a benign cyst on the child’s neck which had never been medically treated. The state medical examiner said the infant could have been saved with a simple prescription for antibiotics. The Worthingtons have been criminally charged with manslaughter and criminal mistreatment.

You can read the entire ABC News article here.

Should parents who believe in faith healing be charged criminally in the death of their child, or should they be protected by the First Amendment? Should the government intervene and take away their other children in such situations, for their safety and protection? Or are these parents within their First Amendment rights to not seek medical care for their children, relying instead on prayer alone, even if their child is obviously dying?

Gravel announces Libertarian presidential run

In Congress, Global Warming, Guantanamo, Health, Iran, Libertarian Party-US, Politics, Presidential Candidates, Science, Taxation, Torture, US Government, Veterans, War on March 26, 2008 at 4:59 pm

Mike Gravel

A Personal Message from Mike

I wanted to update you on my latest plans before news gets out. Today, I am announcing my plan to join the Libertarian Party, because the Democratic Party no longer represents my vision for our great country. I wanted my supporters to get this news first, because you have been the ones who have kept my campaign alive since I first declared my candidacy on April 17, 2006.

The fact is, the Democratic Party today is no longer the party of FDR. It is a party that continues to sustain war, the military-industrial complex and imperialism — all of which I find anathema to my views.

By and large, I have been repeatedly marginalized in both national debates and in media exposure by the Democratic leadership, which works in tandem with the corporate interests that control what we read and hear in the media.

I look forward to advancing my presidential candidacy within the Libertarian Party, which is considerably closer to my values, my foreign policy views and my domestic views.

Please take a moment to make your most generous donation to my presidential campaign today. $10, $20, $50 — whatever you feel you can afford.

I want to thank you all for your continued support.

_______________________________

So, what are Gravel’s views on the issues? Here are some issue statements from his website:

The War in Iraq Senator Gravel’s position on Iraq remains clear and consistent: to commence an immediate and orderly withdrawal of all U.S. troops that will have them home within 120 days. The sooner U.S. troops are withdrawn, the sooner we can pursue aggressive diplomacy to bring an end to the civil war that currently consumes Iraq. Senator Gravel seeks to work with neighboring countries to lead a collective effort to bring peace to Iraq.

One of the leading opponents of the Vietnam War, Senator Gravel was one of the first current or former elected officials to publicly oppose the planned invasion of Iraq in 2002. He appeared on MSNBC prior to the invasion insisting that intelligence showed that there were indeed no weapons of mass destruction, that Iraq posed no threat to the United States and that invading Iraq was against America’s national interests and would result in a disaster of epic proportions for both the United States and the Iraqi people.

Today, more than four years into the invasion, the death toll of U.S. troops has climbed over 3,300 with over 50,000 more permanently maimed, some having lost limbs, others their sight. Tens of thousands more are afflicted with Post Traumatic Stress Disorder (PTSD) and urgently need psychological care. The Iraqi civilian death toll nears three-quarters of a million, and still there remains no end in sight to the bloodshed.

As President, Senator Gravel will call for a U.S. corporate withdrawal from Iraq and hand over reconstruction contracts to Iraqi businesses which will empower Iraqi nationals to reconstruct their own country.

The National Initiative for Democracy Mike fully supports the National Initiative for Democracy. The NI4D is a way to bring legislative power back to the people. In many states, citizens can put measures on the ballot and Mike believes as citizens of the United States we should all have that power.

Iran and Syria Senator Gravel opposes a military confrontation with Iran and Syria and advocates a diplomatic solution to the current situation.

Global Warming/Climate Change Senator Gravel believes that global climate change is a matter of national security and survivability of the plant. As President, he will act swiftly to reduce America’s carbon footprint in the world by initiating legislation to tax carbon at the source and cap carbon emissions. he is also committed to leading the fight against global deforestation, which today is second only to the energy sector as a source of greenhouse gases. However, any legislation will have little impact on the global environment if we do not work together with other global polluters. China, India, and under-developed nations all work together fighting climate change can only be effective if it is a collective global effort. As President, Senator Gravel will see that the U.S. launches and leads a massive global scientific effort, integrating the world’s scientific and engineering community, to end energy dependence on oil and integrate the world scientific community in this task.

Progressive Taxes – A fair Tax Senator Gravel’s Progressive Fair Tax proposal calls for eliminating the IRS and the income tax and replacing it with a national sales tax on new products and services. To compensate for the tax on necessities, such as food, lodging, transportation and clothing, there would be a “rebate” to reimburse taxpayers. This would be paid in a monthly check from the government to all citizens. The focus on taxing new goods would also help tackle the global climate change problem.

Healthcare Senator Gravel advocates a universal healthcare system that provides equal medical services to all citizens, paid for by a retail sales tax (a portion of the Progressive Fair tax). Citizens would pay nothing for health benefits.

Reproductive Rights Senator Mike Gravel supports a woman’s right to decide if and when to have children. He also supports a woman’s right to make the difficult decision about abortion without interference by government authorities. Comprehensive, age-appropriate sex education, including accurate information about contraception, can always be provided in order to reduce the number of unintended pregnancies and abortions. Parity in health insurance and access to specialized family health care services, including family planning education, would also benefit the health and welfare of infants and children, who need and deserve to be wanted and loved.

Immigration Senator Gravel favors protecting our borders and monitoring the flow of immigrants into our country. He also favors a guest worker program and setting up naturalization procedures that would fairly bring immigrants into legal status. America must address the root cause of illegal immigration. Any discussion of immigration must include NAFTA and the concept of “free trade.” The North American Free Trade Agreement (NAFTA) has been a disaster for the working class of both the U.S. and Mexico and a boon to the international corporate interests. A study by the Economic Policy Institute found that over 1 million U.S. jobs were lost as a result of NAFTA, a third of them manufacturing jobs. In Mexico, 1.3 million farm workers lost their jobs in the same period. This has led to a wave of immigrants looking for work in the U.S. Reforming unfair trade policies spawned by measures like NAFTA will stimulate job growth on both sides of the border.

LGBT Rights Senator Gravel supports same-sex marriage and opposes the Defense of Marriage Act. He supports expanding hate-crime legislation and opposes laws that allow discrimination on the basis of sexual orientation or one’s gender identity or expression. Senator Gravel strongly opposes the military’s “Don’t Ask Don’t Tell” legislation on the grounds that it is unconstitutional, as it restricts the rights of gay Americans. He opposes any state or national constitutional amendment that restricts the rights of the gay community.

Social Security Senator Gravel wants to put real money, rather than borrowed money, in the Social Security Trust Fund. He advocates investing it properly and identifying the interests of individual beneficiaries so they can know what their retirement fund is and leave surplus funds to heirs.

Education Access to public education is a bedrock American value. Why is it then that the United States ranks 49th in literacy and that an estimated 30% of our students don’t graduate from high school? Investing in education provides a pathway to a thriving national economy, to individual and family economic opportunity, and to the reduction of poverty. A successful education system requires the commitment of families, the community, and government. It’s time to re-order our national budget priorities in order to improve the American education system. Parent education and access to preschool programs such as Head Start need to be expanded so that children from low income families are equally ready to benefit from elementary school. Universal pre-kindergarten would also enhance readiness. Encouraging our students to be the best they can be will require flexibility from the federal and state governments, within school systems, and from groups with a stake in educational success. Flexibility may mean extended school days and summer learning opportunities or extended school years. It may mean online and broadcast courses to provide access to highly qualified teachers. It may mean charter schools to address the needs of local communities, smaller classes, enrichment programs for students at risk, and vocational options. One thing we know for sure: No Child Left Behind has left too many children behind. It needs to be reformed and adequately funded. It needs to acknowledge the need for a fuller curriculum that encourages critical thinking-not just math and science test-taking. A high school diploma should be the minimum goal for all students; without it, our children will be condemned to a substandard economic existence.

Veteran’s Affairs As President, Senator Gravel would ensure that veterans receive full funding for their most important needs, including healthcare that is indexed to the increasing cost of care and medicine. He would make sure that all soldiers receive a full medical diagnosis to assess what their individual needs would be. He would also make sure that the VA system is fully financed and has sufficient well-trained personnel to provide the finest care that is available. As the Senator says, “We can do no less and we will do much more.” Mike Gravel is the only military veteran in the democratic race.

The War on Drugs The War on Drugs has been a failure. It is time to end prohibition and start treating addiction as a public health problem. This has ravaged our inner cities, and we are losing an entire generation of men and women to prisons. We must regulate hard drugs for the purpose of treating addicts, which would emphasize rehabilitation and prevention over incarceration. We must decriminalize minor drug offenses and increase the availability and visibility of substance abuse treatment in our communities as well as in jails and prisons. The United States incarcerates more people and at a higher rate than any other industrialized nation in the world. Some 2.3 million Americans are now behind bars. This tragedy must end.

Net Neutrality Net Neutrality aims to keep the Internet free from large companies, which are trying to limit the number of web sites their customers can view and the speed at which they can view them. Senator Gravel guarantees a free and open Internet with unlimited access to all sites. He will do this by supporting legislation and regulation that keeps you in control of your Internet usage and promotes free speech.

Human Rights Senator Gravel is adamantly opposed to torture, indefinite detention, and the deprivation of lawyers/speedy trials. He opposes the Military Commissions Act, flagrant ignorance of the Geneva convention, and Guantanamo.

Disturbing medical marijuana case involving an AIDS patient

In Activism, Big Brother, Children, Civil Liberties, Courts and Justice System, Crime, Drug War, Health, Human Rights Abuses, Law, Law Enforcement, Medical Marijuana, Nanny State, Police State, Protest, Science on March 17, 2008 at 6:44 pm

Tom FaltynowiczTom Faltynowicz, a 43-year-old gay rancher in Meade County, South Dakota, was diagnosed with Aquired Immune Deficiency Syndrome (AIDS) in 1990, and is currently facing criminal charges for possessing and growing marijuana for medicinal usage.

For those of you unaware of the specifics of that disease, a patient infected with the Human Immunodeficiency Virus (HIV) may or may not develop AIDS. Once infected with HIV, the disease damages the CD4 cells (T-Cells), and in fact uses those cells to replicate within the body; CD4 cells can be replaced through normal process in the early stages of the disease, but eventually the counts start to fall as the cells are overcome by the virus. A CD4 count between 700 and 1000 is considered normal in a non-HIV infected person; while a CD4 count of about 500 is considered normal when the virus is present. A CD4 count below 200 is indicative of AIDS, since it is at that point that the body loses its ability to fight off opportunistic infection.

Opportunistic infection is any infection which, under normal circumstances, the body could easily fight off. However, due to the lack of CD4 immune cells, AIDS patients are at very high risk of contracting diseases which they would never contract were it not for the virus destroying their immune system. Some diseases are so common in AIDS patients, and so uncommon in non-AIDS patients, that they are considered to be AIDS-defining diseases. Examples of AIDS-defining diseases include Pneumocystis Pneumonia (a fungal infection of the lungs) and Kaposi’s Sarcoma (once believed to be a rare form of cancer, now believed to be caused by Herpes Virus HHV8); these diseases are normally not seen in patients with a normal immune system. While there is viable treatment for many opportunistic diseases, they must be treated swiftly in an AIDS patient due to the patient’s body being unable to fight infection on its own.

Another important way of measuring HIV is by measuring the viral load. The viral load is the amount of HIV in the body. So while a CD4 count measures the amount of damage HIV has done, a viral load count will measure how much of the virus is actually in the body. In this way, doctors are able to measure whether drugs are working to halt the spread of the virus.

AIDS is a pandemic first identified in 1981 by the Centers for Disease Control (CDC), due to Pneumocystis Pneumonia being identified in five homosexual men in Los Angeles. The disease did not take over worldwide as quickly as it is generally believed, though. AIDS has been identified in tissue samples of patients who died of unknown causes as early as 1959; one postmortem case identified the virus in a tissue sample from a 15-year-old boy who died in St. Louis, Missouri, in 1969, though it is still unknown how the boy may have contracted the virus. Some scientists suggest the virus could have first infected humans sometime during the end of the 19th Century, while other scientists suggest it first infected humans during the early 20th century, between 1915 and 1930. Regardless of whether it started during the late 19th Century or early 20th Century, it took many decades for it to even become prevalent enough to be noticed. Since the virus is slow to overtake its host, the window for inadvertent infection of others is years, rather than days or weeks as with most viruses.

It is unclear exactly how the virus started, but it seems clear that it crossed species from primates (which can carry a disease known as the Simian Immunodeficiency Virus) into humans, likely when humans came into contact with the bodily fluids of monkeys, possibly during consumption, hunting or butchering the animals (monkey meat is a delicacy in some areas of the world, and is regularly eaten in some areas of Africa). The virus spread due to a number of factors, including vaccines given with unclean needles in developing countries. While AIDS is now generally viewed as a disease of gay men and intravenous drug users, the truth is far more chilling, since the virus is not contained only within a particular population. Many women and children are infected with the virus, and in some areas of the world, particularly Africa where infected patients do not have access to proper health care, the number of deaths has become catastrophic.

At this time, there is no cure for HIV, or for AIDS, nor is there a vaccine to prevent transmission. However, scientists have designed a number of drugs inhibit the virus’s replication. To understand how these drugs work, a short primer on the virus is necessary.

HIV takes over CD4 cells, changing their molecular structure by inserting its own ribonucleic acid (RNA). The virus itself, which is too small to be seen except with an electron microscope, consists of an outer envelope containing the virus and the proteins and enzymes necessary for replication; the envelope has about 72 spikes on its surface. When the virus bumps into a cell coated by the CD4 protein, the spikes stick into the cell and fuse, at which time the inner contents of the HIV envelope is released into the CD4 cell.

Once inside the cell, the HIV enzyme called reverse transciptase converts the viral RNA into DNA, which is compatible with human genetic material. This DNA is transported to the cell’s nucleus, where it is spliced into the human DNA by the HIV enzyme called integrase. Once it is spliced into the human DNA, the HIV DNA is known as provirus. The provirus may lie dormant within a cell for quite some time. However, when the cell becomes activated, it treats HIV genes in almost the same way as human genes. First it uses human enzymes to convert HIV genes into messenger RNA. The messenger RNA is transported outside the cell nucleus, and is used as a blueprint for producing new HIV proteins and enzymes, much in the same way as the human body normally produce replacement cells.

Complete copies of HIV genetic material is contained among the strands of messenger RNA produced by the cell. These copies combine with newly made HIV proteins and enzymes to form new viral particles, which are then released from the cell. The enzyme protease plays a vital role of the HIV life cycle, as it chops up long strands of protein into smaller pieces, which are then used to construct mature viral cores. At that point the newly matured HIV particles are ready to infect another cell, and begin the replication process all over again. In this way the virus quickly spreads through the human body, and causes its host to become infectious. HIV is passed to others through bodily fluids; some fluids contain more of the virus than others.

Contrary to popular belief, people do not die of HIV, or of AIDS. They die of the opportunistic infections which accompany the complete loss of their immune system. Patients therefore must take a strong cocktail of medications to stop the virus from replicating and destroying their immune system. Some common drugs prescribed for AIDS patients, to stop the virus from replicating, include reverse transcriptase inhibitors, which prevent the viral RNA from being converted into human DNA; protease inhibitors, which prevent the virus from creating new mature viral cores; and integrase inhibitors, which prevent the viral DNA from being spliced into the human DNA within the cells.

Unfortunately, with those life-saving treatments for the virus come life-threatening side effects, from lethal liver damage to an overwhelming nausea which results in starvation and dehydration; when this occurs, it only worsens those same symptoms which can be caused by the virus itself. Over the years many drugs have been discovered to combat the side effects (those same side effects are found in many other medical conditions as well), and to increase the quality of life for those who are infected with the virus; some of those drugs and treatments are pharmaceutical in nature, and some are natural.

One of the non-pharmaceutical drugs, which has proven very helpful in battling the anxiety, overwhelming nausea and physical wasting which comes with the virus and its treatment, is marijuana. So effective is marijuana that scientists have even made a pharmaceutical version of the drug, used in chemotherapy patients as well as AIDS patients, which contains synthetic THC (the active ingredient in marijuana). However, many patients believe that the natural THC in marijuana works better than the synthetic version in Marinol, and science supports this belief. In studies of marijuana usage for medicinal usage, it was found that other chemicals found in marijuana have additional medicinal effects which complement the effects of THC. Furthermore Marinol is extremely expensive (Tom’s Marinol costs about $2200 per month, so severe is his nausea and gastrointestinal symptoms), and thus the drug is far beyond the financial reach of most patients; and for that reason they cultivate and smoke marijuana for medicinal purposes. While the black market cost of marijuana can be high, the plant can be cultivated at home from seeds, at very little cost to the patient.

In some states, it is legal for patients with a valid medical prescription to possess certain amounts of dried and cultivated marijuana for personal medicinal use. However, even in those states, the US Government – which has declared that marijuana is an illicit and therefore illegal drug – refuses to permit patients to use the cultivated form of THC. Patients are regularly arrested for merely possessing the substance which allows them to live a more normal life, and which in cases of extreme wasting seen in AIDS, is actually life-saving. This occurs nationwide, including in the states where marijuana is legal for medicinal use.

I do not advocate the casual use of marijuana (or any other drug, prescription or otherwise) to get “high”. I do strongly advocate the right of physicians and patients to determine the best course of treatment, and I believe the government has no right to interfere in the doctor/patient relationship when the patient is not being placed in untoward danger.

Enter Tom Faltynowicz. When Tom was diagnosed with AIDS in 1990, he was given “maybe a few years” to live. Eighteen years later, he is in a fight for his life, but it’s a fight of a very different kind.

In September 2007, law enforcement officials in his native Meade County received an anonymous call, stating that Tom had between 75 and 100 marijuana plants growing behind a metal building on his property. It is believed that the anonymous call came from Tom’s daughter, who was angry with him because he had recently stated his disapproval of her relationship with a particular man.

When Meade County Investigator Michael Walker and South Dakota Division of Criminal Investigation Agent John Griswold arrived at Tom’s home the next day, there were not 75 to 100 plants on the property, or even anywhere near that many; in fact, there were no plants out in the open at all. However, when asked by those officers about the accusation, Tom immediately admitted to growing marijuana to treat his medical condition. He even invited the officers into his home, so they can see where he was growing it, and he was completely cooperative at all times, even according to the police report regarding the incident. All told, the officers found five plants, and about four ounces of dried marijuana. There was never an allegation that the marijuana was being used for anything but his medical condition, and never an allegation that he was selling the marijuana. It remains undisputed that Tom was using the marijuana to treat AIDS, and the side effects of the many potent medications he takes to fight the virus.

Tom takes a total of four antiretroviral drugs to combat the HIV infection: Combivir (a combination of Retrovir and Epivir), Sustiva, and Viread. Each of these drugs, by themselves, come with potentially fatal side effects. All of these drugs can cause severe nausea, and can result in extreme anxiety as an additional side effect. In addition, Tom has been prescribed Marinol, the synthetic THC drug to combat nausea and vomiting, so there is no question that he suffers the side effects which are treated by marijuana, and there is no question that his side effects are severe based upon his dosage. However, Tom says that the marijuana is far more effective than the Marinol, since Marinol makes him so tired that he cannot function; and his physician is aware of and supports his use of marijuana to treat his symptoms.

Tom, though he has no prior criminal record with the exception of two prior misdemeanor convictions for possession of small amounts of marijuana – both of which occurred after he was diagnosed with AIDS – pled guilty to felony possession of marijuana. He faces a maximum of two years in prison, and a maximum fine of $4000; he could also be given probation. His sentencing date has been set for April 21st, before the Honorable Jerome Eckrich, Circuit Judge. Tom’s Infectious Disease Specialist, Dr. Traub, will speak at the sentencing hearing. The State Attorney has already said that he will not object to anything Dr. Traub might say. It appears that no one is interested in punishing Tom Faltynowicz; at the same time, under the law, his possession of marijuana – regardless of the reason why he possessed it – is a felony in the state of South Dakota.

Tom, however, is an exception to the reason that law was written. It was written to stop people from abusing the drug to get high, and to stop them from selling or otherwise providing it to others for the same illicit purpose. It is extremely doubtful the legislature was aware of the medicinal effects of marijuana when that law was passed, and it’s extremely doubtful the legislature ever intended to punish patients with a deadly disease. It’s even possible that the medicinal effects of marijuana were unknown to them when that law was passed, since it is hardly a new law. Nevertheless, since the law exists, it will be enforced, even against people like Tom who are using marijuana strictly for medicinal purposes.

This raises a number of questions. Even if Tom is merely placed on probation, and even if he stopped smoking marijuana altogether, using Marinol to control his symptoms would result in violation of probation, since he would test positive for THC during required drug tests. If he fails a drug test while on probation, he will be incarcerated.

If he is incarcerated, he will not only not have access to the drug which he needs to survive without excessive suffering due to overwhelming nausea, vomiting, physical wasting, and extreme fatigue; but the South Dakota Department of Corrections will be forced to pay for the extremely expensive antiretroviral drugs which fight the virus as well as the Marinol, at a cost of thousands of dollars per month to the taxpayers, in addition to the increased cost of incarceration for a man with an infectious deadly disease. As you should understand after my explanation of how those drugs work, and how the virus works, missing even one dose of his antiretroviral drugs could be catastrophic for his health, since it would allow the virus to replicate until the drug was again built up to a therapeutic dosage. Yet in a prison environment there is no guarantee that he will receive his life-sustaining medications at all, much less receive them on the schedule those drugs demand.

Tom has said that he will not stop using marijuana, because it allows him to live a relatively normal life. Without it, his body is wracked with pain, nausea, and vomiting; he is unable to eat or drink, and thus his body becomes even more weakened, even more unable to fight the virus, and even more prone to the many opportunistic illnesses, any one of which could easily end his life. This is especially true if he is confined in a jail or prison facility, given that there are large numbers of inmates living in close approximation.

To incarcerate Tom Faltynowicz would therefore place his life at severe risk, and as such would clearly constitute cruel and unusual punishment, as prohibited by the Eighth Amendment of the US Constitution. Furthermore, it would serve no purpose to incarcerate him, since his crime is merely possession of a drug which allows him to live with his disease and to continue take the cruel medications which literally keep him alive. He poses no threat to anyone and he is not selling or otherwise distributing the marijuana, nor has it even been suggested that he is selling or distributing the marijuana. Rehabilitation is also not a valid cause for his incarceration, since he merely uses the drug for medicinal purposes, and thus he is not in need of rehabilitation.

Society would not be served by incarcerating Tom Faltynowicz. The interests of justice would not be served by incarcerating Tom Faltynowicz.

As such, justice demands that the court show mercy by giving Tom Faltynowicz a suspended sentence, no probation, and whatever fine the court sees fit, as long as it is within Tom’s ability to pay said fine.  The courts should also order the return of Tom’s property; police seized property such as lights, and not just marijuana and implements for its use.  Those lights  should be returned.

Cops Gone Wild: Vehicular Manslaughter Edition

In Cops Gone Wild, Corruption, Crazy Claims, Crime, Health, Law, Law Enforcement, Lies and the lying liars who tell them, Local Politics, Media, Obituaries, People in the news, Personal Responsibility, Police Brutality, Politics, Science on March 15, 2008 at 4:08 am

tarnished badgeIn Ironton, Ohio last night, a pedestrian was hit and killed by a police cruiser, driven by a cop on his way to work. Unbelievably, the cruiser dragged the man for blocks, and the cop allegedly didn’t even realize he was dragging a human underneath his cruiser. In fact, he dragged the man all the way to the police station, over a half a mile away!

I don’t buy that “I didn’t know I’d hit someone” story at all. If a driver hit a dog, they’d know it, and they’d know if they were dragging the dog because there would be noise and bumps involved. Given that a human is much bigger than a dog, how much more would someone realize they were dragging a human?

I suspect the cop was hoping the guy’s body would disengage from the cruiser, and then he could be the first on the scene, blaming someone else for the death.

The victim, Guy Thomas, age 46, was a block away from home when the accident occurred. His family found his shoe and his wallet two blocks away from the point of impact. The family has still not been contacted by the police, which makes me think the cops are circling the wagons already. At the very least, the Police Chief should have gone to the family’s house, apologized and offered his condolences, and assured them that all steps will be taken to get to the bottom of it. The police have asked the Ohio Bureau of Investigation to become involved, which is a positive, but at the same time, how can they not contact the family? How can they even make a positive identification without contacting the family, when the man’s wallet was found elsewhere?

Even if it was an accident, which is altogether possible, it does not excuse the actions of the police following the incident. If your car hits and kills someone, chances are you’re going to be arrested. The cop in question has been placed on administrative leave pending the investigation.

However, if a citizen hit and killed someone and dragged their body for blocks, do you think the cops would believe them if they said they didn’t know they’d hit someone? No way would that story be believed, and the driver would be booked and charged with vehicular homicide or vehicular manslaughter, as well as hit and run and leaving the scene of an accident.

This cop should be treated like anyone else would be treated under the same circumstances. He should be arrested, not just placed on administrative leave. That he hasn’t been arrested is outrageous.

You can read more about this – some of the comments are quite interesting – on WSAZ.

UPDATE 3/10 @ 3 pm: Police have confirmed that the victim is Guy Thomas, and that he was found dead beneath the cruiser’s rear bumper; and that the officer who hit him is 27-year-old Patrolman Richard Fouts. Fouts has been with the police department for only two months. He has been placed on administrative leave with pay.

Why isn’t the cop being charged criminally for leaving the scene of an accident, and hit and run, along with vehicular manslaughter? Do you really think that if you or I ran over someone, then dragged them for over a half mile under our car, that we wouldn’t be arrested when we tried to claim that we didn’t know we did that?

The police say they are waiting to find out if Mr. Thomas was dead before he was hit by the police car. Does that really matter at this point, other than giving the cops an excuse to cover for the cop who committed a horrible, incomprehensible crime?

To believe that, one would have to believe that Mr. Thomas was seen alive just moments before he was hit, yet he suddenly died, fell in the middle of the road, and was hit by a cop who then cluelessly dragged his dead body for over a half mile.

Whoever came up with that one should be writing fiction for a living. Even if Mr. Thomas was dead when he was hit, it does not excuse the officer lying about whether he knew that he hit a human and was dragging a human body underneath his car; he had to have known that. That cop still committed a crime, either way. He committed hit and run and leaving the scene of an accident, both of which are criminal charges.

Put that cop in jail, or at the very least suspend him without pay while the investigation is ongoing. The level of disparate prosecution in this case is shocking.

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Originally posted on Adventures In Frickintardistan

Is it just me, or does this not make sense?

In Libertarian, Libertarian Party-US, Politics, Science on March 15, 2008 at 3:38 am

Alden Link is a Libertarian candidate for the Libertarian presidential nomination. He’s an older gentleman, and his main emphasis seems to be on nuclear power. He claims that nuclear power plants can produce enough gasoline to end our dependence upon foreign oil.I’m no scientist, but I don’t understand how nuclear power plants can produce gasoline. Perhaps someone reading this can explain if the following is possible:

A nuclear power plant has the energy to produce about 15 thousand barrels of gasoline a day.

Given the following equivalents:
• 1 watt equals 3.4 british thermal units (BTU)
• 1 nuclear power plant produces 1,000,000,000 watts
• 1 barrel of gasoline contains 42 gallons
• 1 gallon of gasoline is equal to 125,000 btu
• 1 day has 24 hours

1) 1,000,000,000 watts / hour x 3.4 btu = 3,400,000,000 btu/hour
2) 3,400,000,000 btu/hour divided by 125,000 btu/gallon =27,200 gallons per hour
3) 27,200 gals./hour divided by 42 gallons per barrel = 647 barrels/hour
4) 647 barrels per hour x 24 hours = 15,542 barrels of gasoline per day

The raw materials needed for this process are carbon from recycled atmospheric carbon dioxide and hydrogen from water. This process is therefore non polluting and actually cleans the air

The United States imports about 13,000,000 barrels of oil per day. Some of it is used to run electric generating facilities. Most is used as motor fuels.

If the US builds 900 nuclear power plants for converting energy to fuel we would be energy independent. and not need ANY imported oil. More power plants than that and we could export petroleum products.

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Originally posted on Adventures In Frickintardistan

Government admits that the living dead are real

In Corruption, Crazy Claims, Health, Lies and the lying liars who tell them, Obituaries, Politics, Science, Social Security Administration, US Government on March 8, 2008 at 10:02 pm

Night of the Living DeadIf you have ever had to deal with the federal government’s bureaucracy, you can only imagine how hard it would be to prove to the government that you actually are alive if their records reflect that you are dead. After all, just showing up at the Social Security Administration isn’t going to do it. Given that, how exactly does someone prove to the satisfaction of the government that they aren’t dead, when they’re dealing with brain-dead government employees who simply believe whatever their computer screen tells them?Yet, a shocking number of Americans have to find this out the hard way; by at least one official estimate, the government incorrectly declares 35 Americans dead every single day.

The problem begins at the Social Security Administration, keeper of most of the records tabulating deaths in the United States. Like other government agencies, the IRS, with whom Todd has most recently tangled, relies upon Social Security’s database, said Dan Boone, a spokesman for the IRS.

When Social Security determines that an eligible current or future beneficiary has died, it closes the person’s entry in its Case Processing and Management System, or CPMS.

The system is only as good as the data it receives. Sometimes, that isn’t very good.

Todd, for example, was killed when someone in Florida died and her Social Security number was accidentally typed in. Since then, her tax returns have repeatedly been rejected, and her bank closed her credit card account.

“One time when I [was] ruled dead, they canceled my health insurance because it got that far,” she said.

Toni Anderson of Muncie, Ind., expired when someone in the government pushed the wrong button, making the records declare that it was she, not her husband, John, who died Nov. 8.

Social Security even sent this letter: “Dear Mr. Anderson, our condolences on the loss of Mrs. Anderson.”

In September 2006, the inspector general’s office tried to get a fix on how many people Social Security was improperly killing off by reviewing updates to the agency’s Death Master File.

In all, Social Security officials had to “resurrect” 23,366 people from January 2004 to September 2005. In other words, over a period of 21 months, Social Security was presented with irrefutable evidence that it had been “killing” more than 1,100 people a month, or more than 35 a day.

Two months later, in November 2006, the inspector general looked specifically at 251 cases of people to whom the agency continued to issue checks even though Medicare records said they were dead.

“Of the 251 individuals in our population, 86 are deceased and their SSI payments should be terminated,” the audit said. “The remaining 165 beneficiaries were actually alive and their Medicare benefits—and, in some cases, their SSI payments—were incorrectly terminated.”

Read this entire article here.

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Originally posted on Adventures In Frickintardistan

“Mind-reading computer” raises ethical questions

In Big Brother, Crime, Police State, Science on January 16, 2008 at 11:41 pm

Mind reading machineCrime investigators always have their ears open for information only a perpetrator could know—where a gun used in a murder was stashed, perhaps, or what wounds a stabbing inflicted. So imagine a detective asking a suspect about a killing, describing the crime scene to get the suspect to visualize the attack. The detective is careful not to mention the murder weapon. Once the suspect has conjured up the scene, the detective asks him to envision the weapon. Pay dirt: his pattern of brain activity screams “hammer” as loud and clear as if he had blurted it out.

Read the rest on Newsweek.

Originally posted by ElfNinosMom on Adventures in Frickintardistan

Texas wants to teach you about marriage

In Constitutional Rights, Democracy, Republican, Science on April 12, 2007 at 11:53 am

That, or you can pay them $100, an increase from the previous $30 marriage license fee. From the Dallas Morning News:

A bill by Rep. Warren Chisum, R-Pampa, raises the cost of marriage licenses from $30 to $100 and requires engaged couples to take an eight-hour class on marriage if they don’t want to pay the fee. Poor couples can apply for a scholarship to the class.

Now, I’m sure the State would prefer the $70, but if not, you can take this nice class, which also isn’t free.

While Googling Rep. Chisum to see if he had any connections with the proprietors of this class, I found this memo, which he sent out on February 9th. I wish I was making this up:

Indisputable evidence – long hidden but now available to everyone – demonstrates conclusively that so-called “secular evolution science” is the Big-Bang 15-billion-year alternative “creation scenario” of the Pharisee religion. This scenario is derived concept-for-concept from Rabbinic writings in the mystic “holy book” Kabbala dating back at least two millennia. (emphasis his)

So since evolution is a Jewish conspiracy, it clearly violates the Establishment Clause to teach it in public schools. The evidence for this is contained in links to fixedearth.com In other words, CRAZYTIME.

I’ve already emailed the Gray County, Texas LP about this memo, so that they can use it against Chisum in 2008.

France does something pretty cool.

In Military, Science on March 25, 2007 at 3:46 pm

They’re opening up their files on UFOs.

It’s really anyone’s guess what the truth is about aliens, but I’m glad to see at least one government opening up their files. Not really a huge deal, but it’d be cool if America did the same.

Traffic is crushing on the French government UFO site, but if you care to wait the URL is here.

I can’t believe I’m reading this shit.

In Corruption, Democracy, Health, Nanny State, Police State, Politics, Science on March 16, 2007 at 1:45 pm

His Excellency Yahya Jammeh, President of the Gambia by right of tainted elections and really big guns, discovered a cure to AIDS in a dream and has begun administering it.

Why didn’t we think of that? All this time, President Bush could’ve just thrown some herbs together, guided by his ancestors, and cured AIDS forever. Dammit Bush, why didn’t you dream up a cure to AIDS? Why can’t you be as cool as His Excellency Yahya Jammeh, President of the Gambia by right of complete fucking stupidity?

Just think of all the money we’ve wasted on “science” and “medicine” when all it took to cure AIDS was some goddamn fucking herbs and testicles the size of minor asteroids. Well shucks, we sure are silly. Read the rest of this entry »

Wake Up and Smell the Hysteria

In Environment, Global Warming, Science, Socialism on March 11, 2007 at 5:20 pm

I preface this by saying that I consider myself an environmentalist. I see crap in streams, smell what comes out the end of cars, and it annoys me. I also believe the free market to be the best solution to this. Then I see the crap spewing out of the faces of those who latch onto anything they can to justify their hate for development, growth, and freedom. This documentary is interesting and probably different from anything you’ve seen before on the subject, especially if you’re an anthropogenic global warming fence-sitter like me.

God bless public schools.

In Humor, Politics, Science on February 7, 2007 at 2:48 am

This is called “I’m too lazy to surf CNN to find something to get pissed about so help yourselves to my porn stash My Pictures folder instead.”

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NASA might have accidentally killed tiny Martians.

In Politics, Science on January 8, 2007 at 8:30 pm

You can’t make this shit up.

Two NASA space probes that visited Mars 30 years ago may have found alien microbes on the Red Planet and inadvertently killed them, a scientist is theorizing.

The Viking space probes of 1976-77 were looking for the wrong kind of life, so they didn’t recognize it, a geology professor at Washington State University said.

In the 1970s, the Viking mission found no signs of life.

But it was looking for Earth-like life, in which salt water is the internal liquid of living cells.

Given the cold dry conditions of Mars, life could have evolved on Mars with the key internal fluid consisting of a mix of water and hydrogen peroxide, said Schulze-Makuch.

That’s because a water-hydrogen peroxide mix stays liquid at very low temperatures, or -68 degrees Fahrenheit, and doesn’t destroy cells when it freezes. It can suck water vapor out of the air.

The Viking experiments of the 1970s wouldn’t have noticed hydrogen peroxide-based life and, in fact, would have killed it by drowning and overheating the microbes, said Schulze-Makuch.

Read the rest of this entry »