Re: Absence of Clear Direction

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: : : : WRITERS AND RESEARCH, Inc. : : 4810 Saint Paul Boulevard : : Rochester, New York 14617 : : Phone 716 544 2288 : : Fax 716 544 1838 : : Email pix108@frontiernet.net : : May 29, 1997 : : : : My name is Charles Pixley. I live in Rochester, New York, with my wife Judy of twenty five years and the four youngest : : of our six children. I believe, as an American, each of us has a responsibility to address the shortcomings in our country, which : : are inimical to the Constitution and to the well being of all. I served my country Honorably in Vietnam and outside of speeding : : infractions, have never broken the law. : : In April of last year I was brought to trial in federal court on one felony count of “conspiring to impede a government : : investigation” and 18 misdemeanor counts of introducing an “unapproved New Drug.” In April, 1996, in a two day trial I was : : found guilty on all counts. Proscecutorial allegations of profit notwithstanding anyone with a business mind knows that revenues : : don’t equal profits. Our family is financially devastated. : : French Canadian, Bio-chemist Gaston Naessens, who formulated Homeopathic compound 714X, faced a similar trial in : : Canada which ended in 1989 in acquittal for M. Naessens and subsequent inclusion of 714X in the 1994 Canadian Investigational : : and Emergency Drug List for Anti-Cancer Therapy. Author Christopher Bird first wrote of Naessens in his book: The Persecution : : and Trial of Gaston Naessens. : : In May of 1992 my company, Writers and Research, Inc., formalized the clinical application of this non toxic compound. : : We created the first citizen organized Institutional Review Board (IRB) under the laws of Congress, setting up a referral network of : : doctors and publishing the correct protocol for its use in the book Do No Harm to educate and obtain informed consent, which is : : the law. The FDA forced the ban of this book calling it promotional. : : Our IRB testified before the Senate Hearings for the Office of Alternative Medicine regarding this medicinal. As well as : : hundreds of other attempts to reveal our activities, we met with Mark Gearan, Clinton White House Chief of Communications and : : former aide to Congressman Berkley Bedell who testified at the New York State Legislature that he had used 714X to successfully : : treat his metastatic prostate cancer. : : In August of 1993 I was summoned to FDA Headquarters in Rockville, Maryland. At this meeting, which was taped, : : FDA’s Paul Goebel said that “If [I] did not close the IRB, the FDA would take me to court and that [you] would have no choice : : but to plead guilty.” Following a 1994 search and seizure of the Writers and Research, Inc. office and records, I was able to meet : : with Assistant Secretary of Health, Philip R, Lee, MD accompanied by my attorney. Dr. Lee oversees the FDA, the NIH, the : : CDC and the Indian Health Service. We formally requested a waiver to bypass the New Drug Application, which was our right. : : When presented at the Court Hearing the FDA brought in a special federal attorney, William Corr to contest. He alluded : : that the Under Secretary did not have the authority to issue a waiver, a direct contradiction of the Code of Federal Regulations, : : (CFR). According to the CFR and the testimony of the government’s own witness, Paul Goebel, a waiver is granted verbally. If it : : is disapproved it must be done in writing within 60 days; if not, it is considered approved. To date no such letter has been issued. : : Concurrently with my trial the 2nd and 9th Circuit Courts of Appeal ruled that Citizens have a Constitutional Right to : : doctor assisted suicide, and is now pending before the Supreme Court, while those aspiring to overcome “terminal disease” outside : : the offerings of orthodoxy, find every conceivable impediment from harassment to confiscation of property, loss of parental rights : : and prosecution. : : The Court of denied our appeal, the decision looked like it was written by the prosecution. They clearly did not read any : : of our motions or look at any of our evidence. In appealing the decision of this landmark case to the Second Circuit Court of : : Appeals, homeopathic doctor and attorney William H. Moore, Jr. of Savannah, GA argued that a Constitutional Right to determine : : time and manner of death includes the Right to use non-orthodox treatment to extend life without Government interference. They : : said: “We are extremely reluctant to identify any new fundamental right in the absence of clear direction from the Supreme : : Court.” : : In 1914, Supreme Court Justice Cardozo ruled that “every human being of adult years and sound mind has a right to : : determine what shall be done with his own body.” : : In a school “Flag Salute” case in 1943 the Supreme Court held as follows: “If there is any fixed star in our Constitutional : : constellation it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other : : matters of opinion or force citizens to confess by word or act their faith therein.” : : The Second Circuit ruled 1987, in Dr. Revici’s case, “We see no reason why a patient should not be allowed to make an : : informed decision to go outside currently approved medical methods in search of an unconventional treatment.” : : : : Health United States a publication of the United States Government, reveals that 2.5 million Americans die of cancer per : : year while the rate rises annually. Chemotherapy is lethal, damages the bone marrow, heart, liver or kidney’s, mutagenic and : : carcinogenic. Consult the Physicians Desk Reference. : : The New England Journal of Medicine, “Progress Against Cancer,” by John Bailar, III, May, 8 1986 and a 10 year : : follow-up which appeared in Lancet, “The War on Cancer,” by Michael B. Spoorn, May, 18 1996 are chilling. They both reveal : : the so-called “war on cancer is a total failure.” : : It was never said that the FDA doesn’t have authority over Homeopathy. The court heard unopposed “Expert Testimony” : : of Harris L. Coulter, Ph.D. of Washington, DC, Medical Historian, author of The Divided Legacy and Editor of the 8th Edition of : : the Homeopathic Pharmacopoeia of the United States (HPUS). Dr. Coulter testified that each portion of 714X is included in the : : HPUS. Therefore under The Act, every component of this compound is already approved. Senator Royal Copeland, a homeopathic : : MD and former New York State Commissioner of Health, authored the 1938 Food, Drug and Cosmetic Act. The Act as amended, : : specifically allows that any substance included in the (HPUS) prior to 1906 is automatically considered as Safe and Effective. : : Dr. Robert Asbury, a local oncologist, specifically stated for the prosecution that he “Had no knowledge or understanding : : of Homeopathy.” Dr. Asbury said publicly: “He [Pixley] was giving them false hope for the price of money.” Strange coming : : from a doctor who dispenses lethal chemotherapy costing $15 to $250, while charges can run up to $160,000 and beyond per : : patient. He further offered that “[he] was aware that nutrition is now accorded a significant role in overcoming cancer, but does not : : recommend it to his patients.” Without exception every patient that requested our help was terminal and given up as having no : : hope for survival by their oncologists after orthodox allopathic therapy. : : This nation is coming to understand that this horror is a result of complacency as well as collusion between government : : agency, pharmaceutical interests and its powerful influence over nearly every facet of worldwide bureaucracy. The Sovereign : : Citizen is the founder and author of the Constitution and the employer to whom all Federal employees must answer. We created : : the FDA, they did not create us. Our tacit silence allows big business to monopolize our Congressional lobby under the guise of : : our will. : : Supreme Court Justice William O. Douglas warned against the tyranny of conformity and the injury it does to freedom of : : expression and thought. “The curious man-the dissenter-the innovator-the one who taunts and teases or makes caricature of our : : prejudices is often our salvation. Yet throughout history he has been burned or booed, hanged or exiled, imprisoned or tortured, : : for pricking the bubble of contemporary dogma.” : : We deify the multi Billion dollar cancer establishment and reward them with the right to assist their therapeutic failures in : : suicide. This country was founded on certain principles, which include resistance to tyranny in any of its manifestations. : : Mandating one form of medical treatment while denying access to others is an epic betrayal of our trust by those elected to : : safeguard and execute the principles of the Constitution. You may count me as standing firm, possibly in jail, to uphold the : : Constitution and the truth of the language through which our life and liberty are secured. : : Perhaps you know of a person or group who has the will and means to assist me in this battle for truth. I now have to file Pro Per, a Writ of Certiorari. Any assistance is humbly requested and gratefully appreciated at this time : : You may count me as standing firm, possibly in jail, to uphold the Constitution and the truth of the language through which : : our life and liberty are secured. : : : : Sincerely, : : : Charles Pixley : We think a Writ of Certiarori may not be the right answer, but will be expensive, even (ugh) pro per (suggest filing as Citizen in Party in Citizen's own Right). : Perhaps a writ of Error would be more appropriate. Are you ready to read the text of a twelve hour seminar on Paul's web site? I don't think that's cool. : What we suggest is that you contact one David Miller to find out when his next seminar is near your location. You made several obvious errors, with the assistance of an "officer of the court" attorney. : We have big problems with attorneys, who's job is to practice "attournment." (Ceremonial turning over of an estate from one lord to another in such a manner that the serfs who worked the land can effect no claim against said estate.) : Well, the American Bar Association did come over from England circa 1830. That's about the same time as the apppeal process was introduced as a means of "forgiveness" of the lower courts' corrupt actions and errors. : This much stuff is in the public domain. I'm sending you a private e-post at the address given to tell you further and specifically how to get in touch with Dave.

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