Wichita KS – By all accounts, the US Air Force veteran was a trusted and valued serviceman. As a member of the 22nd Maintenance Squadron, McConnell Air Force Base, Technical Sergeant David Gutierrez consistently received top performance evaluations for managing the service and repairs for the 22nd Refueling Wing. But instead of celebrating his twentieth anniversary with the USAF last January, a military court dishonorably discharged and sentenced Gutierrez to eight years at Fort Leavenworth Federal Penitentiary.
Small Town Story
Located at the banks of the Arkansas River that spearheaded what became the Chisholm Trail, Wichita has become home to companies like Boeing (military), Raytheon, Cessna and Airbus and is considered the “Air Capital of the World.” Forbes called it the most affordable city in the Midwest and, in 2004, Wichita ranked 35th in “America’s Top 100 Places to live.”
But unlike cities like New York and Los Angeles, Wichita’s 580,000 residents are not accustomed to salacious stories from the heartland. So when local health department officials leaked information about Gutierrez’s personal life to The Smoking Gun, the story soon made national and international headlines. Whether Gutierrez was guilty or innocent, the USAF was suddenly under pressure to demonstrate their willingness to get rid of those who violated their ostensibly high standards.
Whatever Gutierrez did during his off-duty time, the military record provides no evidence that his off-duty behavior undermined his on-duty performance in any way.
Vaccines and HIV
Although Sgt. Gutierrez was healthy and never assigned to hostile environments or combat zones, he was subjected to more than 40 experimental vaccinations for anthrax, hepatitis, influenza, meningitis, measles, mumps, rubella, polio, pneumonia, tuberculosis, tetanus, diphtheria, typhoid and yellow fever – diseases which became statistically irrelevant in the US by 1955. Although none of these disease kill or injure more than a few dozen Americans in any given year, the Vaccine Adverse Event Reporting System (VAERS) reports that thousands of Americans are injured or killed every year by the vaccinations that are marketed to fight these diseases.
According to former FDA Director David Kessler MD, only about one percent of these vaccine injuries and fatalities are actually reported; which means that somewhere between one and three million Americans are seriously injured or killed by vaccinations annually. If adverse drug reactions were tracked like real diseases, the American Medical Association (AMA) reports that they would rank between the fourth and sixth-leading cause of death in the United States.
In fact, the annual number of vaccine injuries and fatalities is so high that Congress indemnifies drug companies by preventing victims of vaccine injuries from suing manufacturers in US courts. Instead, victims are directed to file claims with a special master in hopes that they might recover something close to the $250,000 cap – if they can prove that the seizures, uncontrollable diarrhea, neurological damage and death was actually caused by a vaccine.
For the military, vaccines pose an even bigger threat. Not only are servicemembers prohibited from suing clinicians who injure or kill their children, but many career families are forced to vaccinate their children or lose their military careers. From Africa to California, parents are being forced to choose whether to vaccinate their children, or have them removed and assigned to facilities where they will receive forced vaccinations.
A Comedy of Medical Errors
Sergeant Gutierrez was transferred to Aviano AFB in 2005 and received his 30th vaccination in November 2006. According to VAERS, 7,037 serious adverse events were reported from influenza vaccines during 2006-2007 and, of those, 3,721 were manufactured and marketed by Aventis Pasteur as Fluzone – the vaccine Gutierrez received. According to label information, Fluzone is known to compromise immune response.
According to numerous reports, influenza vaccines are known to cause false positive HIV test results. In 2006, the New England Journal of Medicine (NEMJ) reported that flu vaccines were “significantly associated” with false positive HIV tests:
“A case–control study of 101 blood donors who had been vaccinated against influenza and matched controls showed that recent inoculation with any brand of influenza vaccine was significantly associated with a false positive screening assay for HIV antibodies. Guidelines of both Johns Hopkins and the New York State Department of Health list influenza vaccination as a known cause of indeterminate results on Western blotting for HIV antibodies.” N Engl J Med 354;13 March 30, 2006
Several months later, Gutierrez was subjected to anthrax and typhoid inoculations, which he received just before submitting to a “routine HIV test.” In May 2007, USAF Major Michael Kenney MD informed Gutierrez that he had “tested positive.” Dr. Kenney did not diagnose his patient as HIV-positive and told Gutierrez that he “had no idea what the test or its results meant.”
As per USAF policy, Maj. Kenney referred Gutierrez’ files to a series of other HIV experts, who simply assumed that Dr. Kenney had competently diagnosed Gutierrez as HIV+. During the next three years, the clinicians who tracked Gutierrez’s health indicated that he was nothing more than “asymptomatic” – e.g. no visible sign or evidence of disease.
A New Wife
In 2007, the divorced father of two met Gina Marie Leindemars on a wife-swapping website. According to Gutierrez, Gina had been previously married to several other servicemen. Although she was a licensed registered nurse, various “personnel issues” made it difficult for her to save her marriages or her employment at local military dispensaries.
Shortly after their wedding in Italy, Gina worked for a short time at the Aviano dispensary until her dismissal. Suddenly unhappy with Italy, she wanted to move back to the US. When Gutierrez’s HIV test returned positive in May 2007, the USAF transferred him back to McConnell AFB.
According to statements from Gutierrez and Gina, both regularly engaged in “wife-swapping” parties at local hotels in 2008 and 2009. But by 2010, Gutierrez suspected Gina’s addiction to painkillers and had grown tired of her erratic behavior – and “the lifestyle.”
In May 2010, Gutierrez told Gina that he wanted a divorce.
At forty-four years of age and with no prospect for employment or other family support, Gina was upset that she could lose the medical benefits, security and support that Gutierrez’ employment provided for her. During the next few weeks, she collected a stack of photographs that she snapped during their “wife-swapping” parties and delivered them to McConnell AFB’s Office of Special Investigation (OSI), claiming that her husband was HIV positive and was spreading HIV to unsuspecting partners.
OSI officials arrested Gutierrez during a traffic stop on August 8, 2010.
Part II describes how Gutierrez’ military lawyers compromised their defense and sealed the conviction of their client.