Cause an audit of the CJP on Wed & be ordered to jail by Friday?

August 15, 2016

Presiding Judge Steve Austin,

Contra Costa County Superior Court

Department 1 ANNX Room 2

PHONE: 1-925-608-1101

FAX: 1-925-957-5917

Re: COMPLAINT against Judge Bruce (MILLS) abuse of power and unlawful incarceration with intent to cause bodily harm (unlawful strip search) to whistleblowner Joseph James (SWEENEY) in violation of Code of Civil Procedure 1219(a)[1] and Judicial Canon 2(B)2 [2] Case No D13-01648

Honorable Presiding Judge Austin,

This fax and its supporting evidence may be read online at Katy’s Exposure blog under the title Cause a CJP audit on Wed & be ordered to jail by Friday?[3]

I write to you today on behalf of myself and many others who are grateful to SWEENEY for causing a Bureau of State Auditor (BSA) audit of the Commission on Judicial Performance (CJP).   SWEENEY is a tireless and effective whistleblower of severe ethics problems in the California courts being aided to continue by blind-eyed watchdogs at the CJP.

In an audacious move which gives the appearance of judicial impropriety and retaliation for SWEENEY causing a CJP audit (and strongly appears to prove SWEENEY’s and many others’ points about California jurists finding themselves above the law) on Friday, August 12, 2016, SWEENEY was ordered to jail by MILLS. His jail term of 25 days is to start tomorrow.  MILLS is making the ridiculous claim that SWEENEY needs to be jailed for  civil contempt of court by refusing to be coerced to remove a website from the Internet. SWEENEY removed the website from the Internet months ago.

Two days prior to MILLS’ absurd and physically-impossible-to-follow judicial directive in order for SWEENEY to avoid being sent to jail; on Wednesday, August 10, 2016, the California Joint Legislative Audit Committee (JLAC) approved four legislators’ requests for an audit of the CJP for their lack of adequately reprimanding unethical judges.[4] SWEENEY, proprietor of Court Reform LLC, is widely recognized as a key driving force who caused this audit.[5]

[1] CCP §1219(a) “The ‘coercive’ imprisonment must end when the contemner no longer has the power to comply.”
[2] Judicial Canon 2.(B.)2 Judicial Canon 2 “A judge shall avoid impropriety and the appearance of impropriety in all of the judge’s activities. B. Use of the Prestige of Judicial Office (2) A judge shall not lend the prestige of judicial office or use the judicial title in any manner, including any oral or written communication, to advance the pecuniary or personal interests of the judge or others.”
[3]“Cause a CJP audit on Wed & be  ordered to jail by Friday?” https://katysexposure.wordpress.com/2016/08/15/
[4] August 10, 2016 CJE & Court Reform LLC “8/10/2016 Press Release: California Judicial Watchdog Faces First Audit in 56 Years” http://www.centerforjudicialexcellence.org/2016/08/10/8102016-press-release-california-judicial-watchdog-faces-first-audit-in-56-years/
[5] Court Reform LLC http://www.courtreformllc.com/

___________

Page 2

What caused SWEENEY to become aware of rather serious ethics problems in the California courts that harm many Californians, is the manner in which his divorce is being handled in Contra Costa County courts.

SWEENEY is a young chemist, who comes from a small Midwestern town and has a math and science tutoring company. He is trying to divorce the older woman who he married in 2010, whose family is fabulously wealthy and well-connected in California.  He is also trying to maintain his parental rights and a relationship with the daughter born from the failed marriage.  SWEENEY is a self-represented litigant. His ex-wife and her parents have been represented by an extensive amount of legal counsel.

In an effort to spotlight what appears to be collective judicial bias reaching a level of impacting rulings and orders beneficial to his ex-wife and her wealthy family in violation of CJP Rule 111.4; SWEENEY started a website http://www.DivorcingTheEvilsizors.Com in the fall of 2015.   The website was dedicated to displaying the court proceedings of the divorce, as SWEENEY has a legal right to do without experiencing judicial retaliation. Code of Civil Procedure 1209(b)[6]

“A speech or publication reflecting upon or concerning a court or an officer thereof shall not be treated or punished as a contempt of the court unless made in the immediate presence of the court while in session and in such a manner as to actually interfere with its proceedings.”

Regardless of SWEENEY’S rights to publicly state and publicly provide direct evidence of what has been occurring in the case; the Contra Costa County First District Division One Court of Appeal (1st/1st) somehow came to the conclusion that whistleblower-SWEENEY’s publicly commenting on the case somehow was domestic violence against his ex-wife, to the level of requiring a restraining order.

On May 27, 2015 [7] while character assassinating SWEENEY and disregarding what he believes to be shining light on judicial ethics problems, the 1st/1st made it publicly appear that SWEENEY had committed acts of domestic violence against his ex-wife. Justices Humens, Dondero, and Banke wrote,

“The opinion in the above-entitled matter filed on May 27, 2015, was not certified for publication in the Official Reports.  After the court’s review of requests under California Rules of Court, rule 8.1120, and good cause established under rule 8.1105, it is hereby ordered that the opinion should be published in the Official Reports.  The petition for rehearing by appellant is denied.”

What is most concerning on a broad-scale about this judicially self-beneficial opinion is the fact that it is a published opinion.  This means it may be cited as established case-law should anyone in any court in any kind of case in California, choose to publicly expose what they believe to be ethics problems in their court proceedings. People could end up incarcerated for exposing what some courts are hiding and be ordered to jail if they do not publicly retract the case-fixing evidence from public view.  This is an additional violation of Canons of Judicial Ethic 2.(B).2  “use the judicial title in any manner, including any oral or written communication, to advance the pecuniary or personal interests of the judge or others.” 

I co-own the blog, Katy’s Exposure and have since 2013.  By the efforts of SWEENEY giving us an opportunity to voice our concerns of problems in the CA courts, I too, submitted a letter to the JLAC. Conflict driven published opinions in California’s appellate courts and erred case-law they establish, can and have wreaked much havoc on many people’s lives in California and across the United States.[8]

The SWEENEY matter was returned to the lower court after the May 2015 Published Opinion.  His ex-wife and her parents then filed a Civil Contempt of Court complaint against SWEENEY in December of 2015 [9]after his website DivorcingTheEvilsizors.Com went live in the fall with evidence of questionable acts in the courts.

[6] CCP 1209(b) states, “A speech or publication reflecting upon or concerning a court or an officer thereof shall not be treated or punished as a contempt of the court unless made in the immediate presence of the court while in session and in such a manner as to actually interfere with its proceedings.”
[7] May 27, 2015 1st/1st  Published Opinion http://freepdfhosting.com/1b4082c68a.pdf
[8] July 19, 2016 Katy’s Exposure letter to the JLAC http://freepdfhosting.com/2a1a8b52f7.pdf
[9] December 15, 2015 Order to Show Cause http://freepdfhosting.com/9b64b78b10.pdf

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Page 3

Like the judges and justices involved, the family SWEENEY is trying to divorce while still maintaining a relationship with his child, wanted case evidence off of the Internet and out of public view. SWEENEY complied and removed his website DivorcingTheEvilsizors.Com from the Internet in March of 2016. His appointed attorney filed a reply brief for the August 12, 2016 contempt of court hearing.[10]

On March 28, 2016, SWEENEY testified before the Assembly Budget Subcommittee of the Public Health and Safety Committee about the unbridled ethics problems in the California courts being abetted to continue by the toothless watchdog, CJP.[10] Many other people from counties all across California also testified.  This caused media attention on the severe problem caused by unpunished lack of ethics in the California courts. This March 28, 2016 public outcry led by SWEENEY and the Center for Judicial Excellence (CJE) and joined by many others,  caused the legislature to act and approve the request for audit of the CJP on August 10, 2016.

whistleblower.jpg (800×408)

Two days after the audit of the CJP was approved by the JLAC, SWEENEY found himself back in MILLS’ court for the charge of civil contempt of court and ordered to jail for twenty five days.  Contrary to how MILLS is unethically and unlawfully handling the matter, incarceration for alleged civil contempt is not intended to punish a litigant for past deeds which angered a judge.  By law, incarceration for alleged civil contempt of court is purposed to coerce a litigant into lawful accordance with a court’s lawful directive.  (See Judge’s Benchguide to Contempt and Sanctions.[11]) MILLS has five prior CJP admonishments.[12]. He is still sitting in a position to violate California citizens such as SWEENEY, and obviously has no fear of any real punishment.

SWEENEY cannot comply with MILLS’ impossible order to remove a website from the Internet that SWEENEY has already removed.  If SWEENEY is sent to jail tomorrow by MILLS it will be for SWEENEY’S refusal to do the impossible and in violation of CCP 1219(a). “The ‘coercive’ imprisonment must end when the contemner no longer has the power to comply.”

It will be one more abuse of judicial ethics by MILLS in violation of Judicial Canon 2.(B.)2 “A judge shall avoid impropriety and the appearance of impropriety in all of the judge’s activities. B. Use of the Prestige of Judicial Office (2) A judge shall not lend the prestige of judicial office or use the judicial title in any manner, including any oral or written communication, to advance the pecuniary or personal interests of the judge or others.”.

As the Presiding Justice of the Contra County Court, under Rules of the Court, Rules 10.630C(4)A(j) [13], I believe you have a duty to protect SWEENEY and the courts from judicial abuse.  Please act to stop SWEENEY’s impending unlawful imprisonment complete with bodily harm. Please inform the CJP of MILLS abuses of the Canons of Judicial Ethics. By Rules of the Court, MILLS is to be informed of his ethics violations by the presiding judge, also.  Given what SWEENEY was able to accomplish to help stop corruption in the courts, this situation is clearly giving the appearance of inappropriate judicial conduct and retaliation of a whistleblower.

Thank you for your prompt attention to this matter, Judge Austin.

                                                                                                               Sincerely,

                                                                                                               Sharon Kramer

[9]  August 12, 2016 SWEENEY reply brief: http://freepdfhosting.com/3664caa8ef.pdf
[10] March 28, 2016 VIDEO of Sweeney before the Budget Committee http://search.aol.com/aol/video?q=video+california+commission+on+judicial+performance&v_t=keyword_rollover
[11] California Judges’ Benchguide on Contempt and Sanctions.  www2.courtinfo.ca.gov/protem/pubs/bg03.pdf
[12]MILLS CJP discipline history. https://lookaside.fbsbx.com/file/2016%20Public%20Misconduct%20Report%20Judge%20Bruce%20Mills%20-%20Contra%20Costa%20County%20Superior%20Court%20Hon.%20Bruce%20Clayton%20Mills%20CJP%20Discipline%20History%20and%20Catalog.pdf?token=AWzuOM8RkqHQadl99qmhqdEXLcz8hM_YHMHDf_t5eh1-BUgkGGqwxYVW7kDcpIZfhULrM1ELOcdpNr2kJk5mb2_U1wTUEvOtdzR1H4yL8jW1rFcaFAJgFHEXFXsMOMxdOdUiuYp-1JULeoyIo0UrD7cV
[13]CA Rules of the Court, Title 10.603 C (4)Oversight of judicial officers The presiding judge must:(A)Judges Notify the Commission on Judicial Performance of: (i) A judge’s substantial failure to perform judicial duties, including any habitual neglect of duty….(B)Notice Give the judge a copy of the notice to the commission under (A) if appropriate. If a copy is not given to the judge, the presiding judge must inform the commission of the reasons why so notifying the judge was deemed inappropriate”

16.08.15 Letter to help keep whistleblower Joe Sweeney from unlawful incarceration and bodily harm for exposing severe ethics problems in the California courts and the Commission on Judicial Performance.

Posted in Civil Justice, Health - Medical - Science | Tagged , , , , | 3 Comments

“TOXIC MOLD”  The CA Comm on Judicial Performance to be Audited!

This is a HUGE step toward restoring integrity in California’s courts and ridding the judicial branch of unsavory characters!

Today, the California Joint Legislative Audit Committee voted to approve an audit of the California Commission on Judicial Performance, the “independent state agency” charged with policing judicial ethics. 

I thank all of you who spearheaded and helped to cause this audit, from the bottom of my heart.  I’ve been crying tears of joy since the decision to audit became a reality today.

I can’t even tell you what this audit means to me and to thousands from across the US who have been disabled or lost loved ones to Toxic Mold and have been unable to find any help. Most of these people don’t even know what a CJP audit is or how years of unethically unrecalled remittiturs have harmed them. 

In 2005, I published a writing. It exposed how it became a fraud in US policies, physician educational materials and toxic torts that it was scientifically proven Toxic Mold cannot reach a level in water damaged buildings to disable or kill anyone; and how one could defeat the fraud in court by making an “expert” talk about the exchange of money between the players in the scam.

For ten years, CJP’s ex-Chair Justice Judith McConnell and five other justices in the CA Fourth District Division One Court of Appeal have been case-fixing; framing me for libel with actual malice for the words “altered his under oath statements“; and burying falsified & back-dated court docs in the SLAPP brought by the creators of the fraud — to shut me up of how and why it was being mass-marketed for money (lots of it!) and how one could defeat it.  

Make-You-FreeMcConnell has been blocking back-dated-void-on-their-face legal documents from being vacated (by refusing multiple times to recall fraud-concealing remittiturs), so a lower court can’t have jurisdiction, and is blocked from vacating them.  

I prevailed over Veritox, Inc. in a 2008 trial and was awarded costs by ruling. The 4th/1st fraudsters’ repeated refusals to recall remittiturs, hides that they buried the void judgment did not state I prevailed over Veritox in trial, in their  September 2010 Appellate Opinion.  They have been concealing that the void judgment does not state true prevailing parties to a litigation over a matter impacting public health, nationwide.

They can’t recall fraud-concealing remittiturs now, without exposing they have been covering-up fraudulent court documents and case-fixing SLAPP to defraud the United States public for TEN YEARS. 

McConnell has been keeping me under her thumb by refusing to be disqualified upon challenge.  I can’t get the matter out of her control, as she’s blocked the void legal documents from being vacated to keep her and five other 4th/1st Fraudsters’ deadly fraud upon their court hidden from public light.  

Her unrecalled remittiturs (there are three, 2007, 2010, & 2013) are the corroded lynch-pins which the scientific fraud that it’s proven Toxic Mold doesn’t disable, hinges upon to remain viable. Remove those fraud-concealing lynch-pins and the entire scam collapses — leaving McConnell, the other 4th/1st fraudsters, Veritox, Inc., and their attorney, Keith Scheuer, together in a pile of rubble of ruined reputations and careers. Lives will be saved.

For six years the CJP has refused multiple times to admonish McConnell, as her deadly unrecalled remittiturs continue to harm thousands. The continued discrimination of the Toxic Mold disabled is so horrible and sometimes so intolerable that it has caused suicides, and she knows it.  

In December of 2010, when the CJP first began burying the clear and convincing evidence of her SLAPP-fixing, McConnell was Chair of the CJP.

With this CJP audit, we now have a fighting chance to make the CJP publicly admonish McConnell and the other 4th/1st Fraudsters — thereby eradicating the deadly science fraud that it’s proven Toxic Mold can’t disable or kill, from physician education, policies & toxic tort all across the United States.

And that’s just how the Toxic Mold injured will be helped.  

THIS AUDIT IS A HUGE STEP IN THE PROTECTION OF PUBLIC HEALTH, SAFETY, LAW, AND CONSTITUTIONAL RIGHTS IN ALL CASES ALL ACROSS THE UNITED STATES!   YAHOO!!!!!

Posted in Civil Justice, Fourth District Division One Appellate Court, Health - Medical - Science, Toxic Mold | Tagged , , , , , , , , , , , , | 1 Comment

URGENT! Stop the Fraud that it’s Proven TOXIC MOLD doesn’t harm!

Stop the Fraud flyer-page-001

Dear All,

If you want the discriminatory fraud removed from physician education, policies and toxic torts that it’s proven “Toxic Mold” can never reach a level to disable or kill anyone; then please click on the below link and follow its simple directions by August 9th of how you can help. It’s easy! Takes about two minutes, tops!

Center for Judicial Excellence, Call to ACTION to Stop Court Crime

(please click on THIS LINK to help!) See UPDATE at the bottom of this blog if this link does not work for you. 

 

On August 10th, the CA Joint Legislative Audit Committee (JLAC) is going to vote on whether the CA Commission on Judicial Performance (CJP) should be audited. The CJP is supposed to police ethics in the CA courts.  Strong evidence indicates that they are an ineffectual state agency which tends to serve more as a judicial lap-dog than a judicial watchdog.

The reason this CJP audit is of the utmost importance to stop the discrimination of the Toxic-Mold-disabled, is because for six years the CJP has been burying the clear and convincing evidence that their former chairwoman, Justice Judith McConnell, has fixed a Strategic Litigation Against Public Participation (SLAPP) (actually two SLAPPS) to aid the fraud to continue that it’s proven Toxic Mold can never reach a level to harm anyone.

Presiding Justice McConnnell is now unlawfully and unethically blocking the ability for back-dated-falsified court documents in the fixed SLAPPs to be vacated in a lower court by refusing to recall and rescind the Fourth District Division One Court of Appeal (4th/1st) fraud-concealing 2010 Remittitur.

She can’t cause the recall of the remittitur w/o spotlighting that she and five fellow 4th/1st justices have been case-fixing SLAPP, burying falsified court documents & burying court clerk mail fraud; by criminal means for now over a decade on behalf of the “We proved Toxic Mold doesn’t hurt anyone by adding math to data we took from one rat study” fraudsters Bruce Kelman, Bryan Hardin and their company, Veritox, Inc. (formerly known as GlobalTox, Inc.)

I have a degree in marketing.  In 2005, I published a writing exposing how the false concept that it was proven Toxic Mold can’t harm or kill came to be; how it was being mass-marketed; and how one could defeat it in court by exposing the exchange of money behind the marketing scam.  I also exposed how one could trip-up a bogus expert defense witness who is a merchant of death, Bruce Kelman, by making him talk about the exchange of money among the pervaders of the fraud. (Needless to say, they wanted me silenced!)

It is this writing for which the 4th/1st framed me for libel — not once, not twice, but three times – for the words “altered his under oath statements“; and then buried the direct evidence of falsified, back-dated and court-clerk-mailed fraudulent SLAPP documents to keep the fraud going.

I have experienced a decade of retaliation that includes but is not limited to false imprisonment, bodily harm, and a falsified FBI criminal record — while they have tried to silence, discredit and scare me into signing a false confession of being guilty of libel, under the cloak of law, for my exposing the Toxic Mold science-fraud-scam that is written into policies; and the scammers in the California courts who keep it going.

We have been able to knock Veritox’s “huge leap” of “garbage science” out of occupational physician education with the help of our friends at U.S. OSHA and WorkCompCentral.  But we need the toothless CJP to be audited to eradicate the fraud completely from ALL U.S. physician educational materials, policies and toxic torts that it’s proven Toxic Mold doesn’t harm.

Forcing the CJP to publicly admonish their former Chairwoman McConnell for concealment, continued usage and blocking the vacating of falsified and back-dated void legal documents in Kelman’s, Veritox’s and their attorney, Keith Scheuer’s, judicially abetted and wrought-with-crime decade of SLAPPs – by audit of the severe problems within the CJP, will stop the fraud.

If you don’t understand the above, that’s okay. You don’t have to understand the details of the Toxic Mold scam or what it means to refuse to recall a fraud-concealing-remittitur, to help.

But KNOW THIS: what it means is that those being discriminated against from coast to coast for saying Toxic Mold has made them extremely ill and can get no help, are in reality the victims of a decade of unrepentant and unpunished crime in the San Diego courts.  An audit of the CJP will help to stop that crime and thus obliterate the discrimination of the Toxic Mold disabled.

Please click on the below link and follow the simple directions to easily help others help the Toxic Mold disabled and dying. We need your two minutes of help no later than August 9, 2016.

 

Center for Judicial Excellence, Call to ACTION to Stop Court Crime  

(please click on THIS LINK to help!)

 

UPDATE: Some people are having difficulty with the above links.  If they do not work for you, cut, paste and send this:

Subject: Please Vote to Audit The Commission

Send this message and sign your name:

Please ensure that Joint Legislative Audit Committee votes to pass the request to audit the Commission on Judicial Performance at the Aug. 10th JLAC hearing. The Commission has never been audited in 55 years and it needs to better serve the public. It is failing to protect us against judicial misconduct – less than 2% of complaints filed by the public result in discipline, and 90% are thrown away immediately, without even a follow-up by the agency. They need to be more transparent and accountable. Sincerely,

These are the staffers’ email addresses:

Lourdes.Jimenez@asm.ca.gov

shea.logan@asm.ca.gov

Genesis.Tang@asm.ca.gov

Ted.Blanchard@asm.ca.gov

Salvador.Robles@asm.ca.gov

Paul.Ramey@asm.ca.gov

chuck.dalldorf@sen.ca.gov

Anna.Alvarado@sen.ca.gov

Baltazar.Cornejo@sen.ca.gov

Rachelle.Caouette@sen.ca.gov

Megan.Baier@sen.ca.gov

Cameron.Urkofsky@sen.ca.gov

If you would prefer to call, the phone numbers and a script to say are HERE 

Please share this information with others who would like to help us, help you.

Thank you,

Sharon Kramer

Woman with Stones

Posted in Civil Justice, Environmental Health Threats, Health - Medical - Science, Mold Litigation, Toxic Mold | Tagged , , , , , , | Leave a comment

CALL TO ACTION to STOP CRIME in LARGEST U.S. COURT SYSTEM

PLEASE HELP to cause a Legislator-Sponsored-Audit of the California Commission on Judicial Performance (CJP)

        On Tuesday August 9th please call one of the below phone numbers and say:

“Hello. My name is _____.  I am calling from ______ to request that (Assembly Member or Senator) _______ sponsor a directive for audit of the California Commission on Judicial Performance. Thank you.”

(It is not necessary to reside in California to help. More information is available on the website of the Center for Judicial Excellence, a 501(c)3 nonprofit. http://www.centerforjudicialexcellence.org/cje-advocacy/current-legislation/ )

call to action-page-001

California Joint Legislative Audit Committee (JLAC) Members

Where the legislators’ district offices are located & contact information

                        Assembly

Assembly Member Freddie Rodriguez (Chair)

Dem – 52   Pomona

P.O. Box 942849, Room 6025

Sacramento, CA 94249-0052

(916) 319-2052

 

Assembly Member Katcho Achadjian

Rep – 35   San Luis Obispo

P.O. Box 942849, Room 4098

Sacramento, CA 94249-0035

(916) 319-2035

 

Assembly Member Joaquin Arambula

Dem – 31    Fresno

P.O. Box 942849, Room 5164

Sacramento, CA 94249-0031

(916) 319-2031

 

Assembly Member Catharine B. Baker

Rep – 16    San Ramon

P.O. Box 942849, Room 4153

Sacramento, CA 94249-0016

(916) 319-2016

 

Assembly Member Brian W. Jones

Rep – 71    Santee

P.O. Box 942849, Room 3141

Sacramento, CA 94249-0071

(916) 319-2071

 

Assembly Member Adrin Nazarian

Dem – 46      Studio City

P.O. Box 942849, Room 4146

Sacramento, CA 94249-0046

(916) 319-2046

 

Assembly Member Jim Wood

Dem – 02    Healdsburg

P.O. Box 942849, Room 6005

Sacramento, CA 94249-0002

(916) 319-2002

 

                       Senate

Senator Richard D. Roth (Vice Chair)

Dem – 31   Riverside

State Capitol, Room 4034

Sacramento, CA 95814-4900

(916) 651-4031

 

Senator Jim Beall

Dem – 15   San Jose

State Capitol, Room 5066

Sacramento, CA 95814-4900

(916) 651-4015

 

Senator Anthony Cannella

Rep – 12  Merced/Salinas

State Capitol, Room 5082

Sacramento, CA 95814-4900

(916) 651-4012

 

Senator Jean Fuller

Rep – 16     Bakersfield

State Capitol, Room 305

Sacramento, CA 95814-4900

(916) 651-4016

 

Senator Cathleen Galgiani

Dem – 05     Stockton/Modesto

State Capitol, Room 2059

Sacramento, CA 95814-4900

(916) 651-4005

 

Senator Ricardo Lara

Dem – 33   Los Angeles

State Capitol, Room 5050

Sacramento, CA 95814-4900

(916) 651-4033

 

Senator Connie M. Leyva

Dem – 20   Chino/San Bernardino

State Capitol, Room 4061

Sacramento, CA 95814-4900

(916) 651-4020

                                   

Posted in Health - Medical - Science | Leave a comment

Health Alert: Is sugar the problem? Or is it fat in the CDC?

HuffPo 6.28.16 by Carey Gilliam  “Beverage Industry Finds Friend Inside U.S. Health Agency

.….A critical blow came last June when World Health Organization (WHO) Director General Margaret Chan said the marketing of full-sugar soft drinks was a key contributor to rising child obesity around the world, especially in developing countries. WHO published a new sugar guideline in March 2015, and Chan suggested restrictions on sugar-rich beverage consumption….

It’s no surprise that the beverage industry, which reaps billions of dollars annually from soft drink sales, has been fearing – and fighting against – this shifting sentiment.

But what is surprising is one of the places where the beverage industry has sought, and apparently garnered, some help —- from a top official with the Centers for Disease Control and Prevention, whose mission in part is to prevent obesity, diabetes, and other health problems. [comment:  yea, that’s not really a surprise for a lot of people!]

Email communications obtained by U.S. Right to Know through state Freedom of Information requests detail how a leading beverage and food industry advocate last year was able to ask for and input and guidance from Dr. Barbara Bowman, director of CDC’s Division for Heart Disease and Stroke Prevention, on how to address World Health Organization actions that were hurting the beverage industry.

Bowman leads a CDC division charged with providing “public health leadership” and works with states to promote research and grants to prevent and manage risk factors that include obesity, diabetes, heart disease and stroke.

But the emails between Bowman and Alex Malaspina, a former Coca-Cola scientific and regulatory affairs leader and founder of the industry-funded International Life Sciences Institute (ILSI), show that Bowman also appeared happy to help the beverage industry cultivate political sway with the World Health Organization….

“Any ideas how we can have a conversation with WHO?” Malaspina writes in a June 26, 2015 email to Bowman. He forwards her an email string that includes top executives from Coca-Cola and ILSI and expresses worry about negative reports about products with high sugar content, and sugary soda tax plans in Europe. In the email string, Malaspina says the WHO actions can have “significant negative consequences on a global basis.”…

Directly he tells Bowman that officials at WHO “do not want to work with industry. And says: “Something must be done.”

Bowman replies that someone with Gates or “Bloomberg people” may have close connections that could open a door at WHO. She also suggests he try someone at PEPFAR program, a U.S. government-backed program that makes HIV/AIDS drugs available through the sub-Saharan Africa. She tells him that “WHO is key to the network.” She writes that she “will be in touch about getting together.”

In a subsequent June 27, 2015 email, Malaspina thanks her for the “very good leads” and says “we would want WHO to start working with ILSI again… and for WHO to not only consider sugary foods as the only cause of obesity but to consider also the life style changes that have been occurring throughout the Universe.” He then suggests he and Bowman meet for dinner soon.

The fact that a high-level U.S. health official is communicating in this way with a beverage industry leader appears improper, according to Marion Nestle, author of the book “Soda Politics” and a professor of nutrition, food studies, and public health at New York University.

“These emails suggest that ILSI, Coca-Cola, and researchers funded by Coca-Cola have an ‘in’ with a prominent CDC official,” Nestle said. “The official appears to be interested in helping these groups organize opposition to “eat less sugar” and “disclose industry funding” recommendations. The invitation to dinner suggests a cozy relationship… This appearance of conflict of interest is precisely why policies for engagement with industry are needed for federal officials.”…

Robert Lustig, Professor of Pediatrics in the Division of Endocrinology at the University of California, San Francisco, said ILSI is a known “front group for the food industry.” Lustig said he finds it “interesting” that the CDC has yet to take a stance on limiting sugar consumption, despite the WHO concerns about links to disease. Lustig directs UCSF’s WATCH program (Weight Assessment for Teen and Child Health), and is co-founder of the non-profit Institute for Responsible Nutrition.

Neither Bowman nor Malaspina responded to requests for comment….

In a February 2015 email from Bowman to Malaspina she shared an email she had received from a USDA official with the subject line “FOR YOUR REVIEW: Draft Principles from Dec 8 Public Private Partnerships Meeting.” The email from David Klurfeld, national program leader for human nutrition at the USDA’s Agricultural Research Service, quoted an article from the BMJ medical journal stressing a need for public/private partnerships, and included a quote about a “strong tide of sanctimony in British public health.” Bowman tells Malaspina: “This may be of interest. Check out the BMJ correspondence especially.”

In a March 18, 2015 email from Bowman to Malaspina she forwarded an email regarding the new policy brief to curb global sugar consumption she received from the World Cancer Research Fund International. Malaspina then shared the communications with Coca-Cola officials and others.

In a separate March 2015 email, Bowman sent Malaspina some CDC summaries of reports and says she would appreciate his “thoughts and comments.”

Bowman, who holds a PhD in human nutrition and nutritional biology, has worked at the CDC since 1992, and has held several senior leadership positions there. She was appointed director of the Division for Heart Disease and Stroke Prevention in the National Center for Chronic Disease Prevention and Health Promotion at CDC in February 2013.

Malaspina has also had a long career in his field of expertise. The veteran Coca-Cola executive founded ILSI in 1978 with help from Coca-Cola, Pepsi and other food industry players and ran it until 1991. ILSI has had a long and checkered relationship with the World Health Organization, working at one time closely with its Food and Agricultural Organization (FAO) and with WHO’s International Agency for Research on Cancer and the International Programme on Chemical Safety.

But a report by a consultant to WHO found that ILSI was infiltrating WHO and FAO with scientists, money and research to garner favor for industry products and strategies. ILSI was also accused of attempting to undermine WHO tobacco control efforts on behalf of the tobacco industry.

WHO eventually distanced itself from ILSI. But questions about ILSI influence erupted again this spring when scientists affiliated with ILSI participated in an evaluation of the controversial herbicide glyphosate, issuing a decision favorable to Monsanto Co. and the pesticide industry. 

Read the HuffPo article in its entirety HERE.

See follow up HuffPo article, 6.30.16 “CDC Official Exits Agency After Coca-Cola Connections Come to Light”  HERE

Bowman’s exit was announced through internal emails. Bowman told colleagues in a CDC email sent Thursday that she had decided to retire “late last month.” She made no reference to the revelations about her connections with Coca-Cola or any other concerns.

Bauer sent a separate email applauding Bowman’s work with CDC. “Barbara has served with distinction and has been a strong, innovative, dedicated and supportive colleague. She will be greatly missed by our center and CDC,” Bauer said in the email.

The Coca-Cola connections date back decades for Bowman, and tie her to former top Coca-Cola executive and strategist Alex Malaspina. Malaspina, with Coca-Cola’s help, founded the controversial industry group International Life Sciences Institute (ILSI). Bowman also worked early in her career as a senior nutritionist for Coca-Cola, according to sources, and she co-authored an edition of a book called Present Knowledge in Nutrition as “a publication of the International Life Sciences Institute.”

Wonder what the esteemed Dr. Bowan will be doing in her retirement with her lifetime federal pension intact?  Starting a second career in the private sector, collecting a big fat paycheck from Coca Cola or Monsanto in reward for her years of stellar service while at the CDC?

Given the above, it is reasonable to conclude that sugar and fat (in the CDC) are causers of chronic disease.

Unfortunately, I, like many people, know that fat in the CDC is a primary cause of chronic illness. See my communication with the CDC requesting that they stop funding industry fraud in U.S. physician education, which fraudulently naysays that disabilities are caused by biocontaminants in water damaged buildings.

4/15/16 Letter to CDC Director: ‘Please cease funding fraud over Toxic Mold Disabilities (Veritox Theory)

Sharon Kramer

Posted in Centers for Disease Control and Prevention, Dr. Tom Frieden CDC, Environmental Health Threats, Health - Medical - Science | Leave a comment