Tuesday, September 9, 2008

Miscarriage of Justice


Diane Fleming was a Sunday school teacher and a mother, who loved her husband and her family. She is a very kind lady who helped and fed the homeless for many years. One day her husband Charles became very ill and she called 911. Her husband was admitted to the hospital and he died after two days. The medical authorities and the police alleged that Diane poisoned her husband with methanol. She was arrested, indicted, and convicted for killing her husband.

Seven years later, Dr. Al Bayati was contacted about the Fleming case. He spent 400 hours investigating the case and his findings clearly reveal that Charles Fleming died as a result of adverse reaction to medication and supplement and misdiagnosis. Diane Fleming is innocent. Please read Dr. Al Bayati's published report in a peer reviewed medical journal that explains the causes of Charles Fleming's death.

Please review Dr. Al Bayati's report and act now to support a petition to free Diane. Please leave your comment below.

Analysis of causes that led to Charles Fleming’s illness and sudden death

Abstract:

Charles (Chuck) Fleming’s acute illness developed on June 12, 2000 induced by the ingestion of toxic doses of creatine monohydrate and high levels of propylene glycol (PEG). Chuck was taking several medications contained PEG that increased creatine bioavability and caused acute renal failure, severe hypophosphatemia, and ketoacidosis. Chuck’s serum phosphorous level was 0.1 mg/dL (normal range: 2.8-4.9 mg/dL) and his hypophosphatemia caused hemolytic crisis. Chuck’s red blood cell count and hemoglobin levels on June 13th were reduced by 27% of those measured on June 12th.

The bleeding, edema, and necrosis observed in Chuck’s brain were caused by the high doses of heparin and sodium bicarbonate given in the Hospital. Chuck developed acute cardiac dysfunction due to hypophosphatemia, hypokalemia, hypomagnisemia, metabolic acidosis, and metabolic alkalosis. Chuck suffered from cardiomegaly and pulmonary atrophy as a result of the chronic use of corticosteroid medications. Chuck’s heart and right lung weights were 183% and 84% of normal average weight for age, respectively.

The treating physicians and the medical examiner did not measure formic acid in Chuck’s blood, urine, stomach contents, or tissues. The blood methanol measurements reported on June 12th and 13th represent a false positive. It is likely that the four bottles of Gatorade containing methanol presented in court are not the same bottles of Gatorade that Diane and Chuck spiked with creatine monohydrate on June 11th. The commonwealth’s allegation against Diane that she poisoned her husband with methanol is not supported by medical and scientific facts, which support Diane’s innocence.



Letters to officials requesting the evaluation of new medical evidence that shows Diane is innocent:

Letter # 1


473 Baynes Rd.
Waynesboro, Va.
22980

Dr. Leah Bush
Chief Medical Examiner
Commonwealth of Virginia
400 East Jackson St.
Richmond, Va. 23219-3694

Dear Dr Bush

I am writing you concerning a great injustice I feel that was inflected upon a Chesterfield County women, Diane Fleming, six years ago by both the Judicial and Medical systems within the Commonwealth of Virginia.

I am Bart Conlon a retired mechanical engineer from General Electric and a graduate of the University of Virginia in 1961. We have a saying within the engineering profession that when making a decision " if you don't get the facts the facts will get you".I have been following the case from Chesterfield since June 2000 when Diane was charged and convicted of poisoning her husband Charles Fleming and was sentenced to prison with an autopsy report submitted by Dr. Marcella Fierro stating methanol poisoning as the cause of .death. Here is where I feel the medical profession did not obey getting the facts rule before making a decision that has drastically affected this women's life for the past six years.She is currently in prison at Troy, Va. with twenty years to go.

I am enclosing an article that was published in the April 2008 issue of the Medical Veritas, a peer-reviewed Medical journal, written by Dr. Mohammed Ali Al-Bayati Toxicologist and Pathologist for Toxi Health International in Dixon, CA titled " Analysis of causes that led to Charles Fleming's illness and sudden death". It can be down loaded from www.medicalveritas.com. Dr Ali Al-Bayati used the same slides and reports from your office there in Richmond to draw his conclusions. Reading the Autopsy findings on page 12 and the conclusions on page 28 stating that Dr. Ali Al-Bayati finds Dr Fierro's investigation of the case to be incomplete because she overlooked many medical data that show Charles did not die as a result of methanol poisoning sure leaves one to believe that your office should take another look at this case since twenty more years of a women's life is at stake here.Another thing that has bothered me about the trial is that Dr Fierro was not present at this murder trial to be available for the defence attorney to cross examined.To me this reads on grounds for a mis-trial and certainly does not speak well for Virginia's Judical system. Have we become so calloused within the state that
human life matters no more?

I read the nice article by Michelle Washington about you in the Virginian-Pilot concerning your promotion by Gov. Kaine. I know Dr Fierro was your mentor from the aritcle but also draw from the article that you have a history of doing the right thing for the citizens of Virginia to see justice done and am therefore asking that you please have a member of your staff read the enclosed report,take another look at your own in house medical data and draw your own conclusions as to the cause of death in this case which could free Diane Fleming from prison.


Thanks so much for your time,
Yours truly

Bart F Conlon Jr
Ph 540-942-4577


Letter # 2

473 Baynes Rd.
Waynesboro, Va.
22980
Sept. 23rd 2008


Dept. of Health Professions
Commonwealth of Virginia
6606 W. Broad St. -4th Floor
Richmond, Va. 23230-1717

I am writing you concerning an injustice I feel was inflicted upon a Chesterfield County women, Diane Fleming, six years ago by both the Judical and Medical systems within the Commonwealth of Virginia.



Diane was charged and convicted of murder by poisoning her husband Charles Fleming in Feb. 2002 with methanol. The autopsy report citing methanol poisoning as the cause of death was submitted to the court by Dr. Fierro, the medical examiner,and was used as evidence to convict her.

In the April 2008 issue of Medical Veritas Journal Dr. Mohammed Ali Al- Bayati Toxicologist and Pathologist for Toxi Health International of Dixon, C.A. using the same slides and reports from the states medical examiner's office in Richmond issued a report, which I have enclosed, concluding that Charles Fleming did not die of methanol poisoning.This report can be down loaded from www.medicalveritas.com .Reading the autopsy findings on page 12 and the conclusions on page 28 stating that Dr Ali Al-Bayati finds Dr. Fierro's investigation of the case to be incomplete because she overlooked many medical data sure leaves one to believe that the Commonwealth should have this case reopened for another review.Dr. Fierro just glossed over the fact that it was the medical treatment that caused Charles Fleming's brain to swell and hemorrhage there by resulting in his death.

In my attached letter of Aug.15th to Dr Bush I have asked her to review the report and draw her own conclusions on the case but as of now she has not responded.

On the legal side of this case Dr. Fierro the chief medical examiner that signed the autopsy report was not present at the murder trial to be cross-examined by the defence attorney which to me would call for a mis-trial.

In summary, please read this report and consider that Diane Fleming has already lost 6 years of her life in prison at Troy, Va. and will spend 20 more there if this injustice is not over turned.



Yours truly,

Bart F Conlon Jr.
540-942-4577

copies to:
Gov Tim Kaine
Attorney General Bob McDonnell
Senator John Warner
Senator Jim Webb
U.S. Rep. Bob Goodlatte.