“Because the case law surrounding HIV was mostly developed at the height of the HIV/AIDS scare 20 years ago, the government’s evidence is usually filled with gaps because it relies upon a variety of assumptions. But the military’s current procedures for supposedly diagnosing people as HIV positive is scientifically, medically, and legally inadequate.”Eldon Beck Captain, USMC 24 Oct 2011
Two weeks after the Marine Corps dismissed all charges against Corporal RL, his attorney posted this report on the Marine Corps’ Defense Services Organization’s website. These reports are seen by all Marine attorneys worldwide, and its contents will likely be reviewed by all other DoD and military branches.
Captain Beck left no question about OMSJ’s impact in the case:
“Our success in challenging the HIV issues in our case is largely due to Clark Baker (a former Marine, retired LAPD investigator, and licensed CA PI), Baron Coleman (a young civilian lawyer with expertise challenging HIV prosecutions), and other members of Clark’s team at the Office of Medical and Scientific Justice (OMSJ). Without them, we would not have been able to effectively challenge the HIV testing, chain of custody, and alleged diagnosis of our client… You should contact (OMSJ) immediately if you are detailed to an HIV-related case.”
Because of the incompetence that exists within HIV clinics, hospitals and the NIH and CDC, OMSJ is not concerned about sharing it’s investigative strategy with prosecutors or alleged “HIV experts” who are called to testify as prosecution witnesses. In fact, if prosecutors and their witnesses memorize OMSJ’s strategy, they would not file criminal HIV charges against anyone.
Capt. Beck concludes:
“(A)n HIV case is NOT a slam dunk for the government. Get the right HIV experts on your team and you will probably be able to kill the case before trial. If the government is reckless enough to go to trial, you will probably be able to get a strong win for your client.”
Capt. Beck’s complete summary is posted here.