Part 1 introduced readers to USAF Sergeant David Gutierrez, who received more than forty vaccines that are known to spread disease, compromise immune function and cause false positive HIV test results. Under intense media pressure, the USAF charged and convicted Gutierrez despite overwhelming evidence of his innocence. Part II explains how USAF officials got away with it.
Shortly after Office of Special Investigations (OSI) officials arrested Sgt. Gutierrez during a traffic stop on August 9, 2010, his arrest was leaked to The Smoking Gun. In a town accustomed to weather forecasts, missing pets and traffic accidents, the story of an HIV-infected wife-swapping Air Force veteran soon made local, national and international headlines – which is how it came across the desk of OMSJ’s principal investigator.
From the time OMSJ Director Clark Baker received word of the case, USAF officials resisted OMSJ’s efforts to assist.
From August 30th through January 7th 2011, Whiteman Air Force Base (AFB) Area Defense Command (ADC) showed little interest in defending their client from charges that threatened to end Gutierrez’ honorable 20-year career and send him to Fort Leavenworth Federal Penitentiary for life.
On January 10th, 2011, the USAF Defense Counsel wrote:
“I appreciate your time, but at this time, based on defense decision and informed client consent, we will not be needing your services.”
As the trial date approached, Baker grew more concerned that Gutierrez’ own attorneys were planning to compromise the case. For this reason, Baker located Gutierrez’ wife through several social networking websites. Her response suggested that Baker’s hunch was correct:
Jan 13 – 2:04 PM
If you can reallly help us please let me know.. I need real help not peolpe just wanted to mess with me.. He is facing real time & needs real help, please if you are for real .. then yes please help us… (SIC)
Jan 14 – 12:09 PM
Please call me @ 1-316-XXX-XXXX
The base has lied to me, OSI has lied to and I’m now sure co has Capt Maness… Please call me the have used me to mess his life up and now they have messed my life up.
Jan 15 – 10:53 AM
ok, the wrd2.. will not open from the gov. computer I’m using. I have no net @ home so I have to log into a computer on base everyday.. OSI,Legal & who knows .. who is wacthing everything I do on here… (SIC)
Later that week, a military court convicted and sentenced Gutierrez to eight years in prison.
Unlike most criminal cases, Gutierrez’ conviction occurred without any stipulation that he was infected with HIV. Defense counsel offered no case-in-chief and made no effort to locate an HIV expert – despite OMSJ’s repeated offer to produce one at no cost to the Government.
Because Gutierrez was held in solitary confinement, Baker was provided no time to speak with Gutierrez until after his conviction and transfer to Fort Leavenworth. In March, Baker accompanied military trial attorney Kevin McDermott to interview Gutierrez in prison.
It was there that Baker and McDermott learned the extent to which Gutierrez’ defense counsel had deliberately misrepresented Baker’s offer to assist. Gutierrez said that USAF Major James Dorman and Capt. Aaron Maness told him that Baker and OMSJ were frauds and that both attorneys would quit if Gutierrez accepted Baker’s assistance.
With these new revelations, Gutierrez accepted OMSJ’s services and authorized the release of his medical records. OMSJ’s experts established that the USAF had little evidence to show that Gutierrez was infected with HIV.
Based upon this information, McDermott has filed this legal brief on Gutierrez’ behalf and expects a response from USAF officials during 2012.
If reversed, this case could change military policies regarding the testing, diagnosis and treatment of HIV, Gulf War Syndrome, Chronic Fatigue Syndrome and mandatory vaccination schedules.