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


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.

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.
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.

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


Anonymous said...

Hopefully Diane Fleming gets justice.


THE U S A !!

Anonymous said...

After an extensive court case, with a fair hearing, Ms. Fleming was found guilty beyond a reasonable doubt. It's a shame that she's still playing upon the emotions of good christian people. Justice was served.

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

'THE EVIDENCE WAS INSUFFICIENT TO CONVICT HER.,-------- I, and most of those in the courtroom, were surprised that the jury convicted her.'

Anonymous said...

There is much evidence to support her case. It is rather unbelievable that the jury could find Diane guilty beyond a reasonable doubt. The US justice system has been wrong before. This appears to be just another example.


Anonymous said...

Diane Fleming is my niece. Her father is my brother. I feel helpless to do anything to help her. Her father is dying from brain cancer and he won't live to see his daughter again. I feel she should be freed to be home with her parents. Her Mother is also in poor health. If this is justice I hope and pray that it does not happen to us.
I pray for her and her family.
Barbara Shockley. Missouri

Bas Jones said...

Dr Al-Bayati's report clearly demonstrates that Diane should not have been convicted. A deeper look into the case confirms that opinion. I cannot understand why there has been such a negative response to her post-trial representations, but I imagine this probably has more to do with politics than with justice.
Diane, and her family, have suffered immeasurably and she should be released without further delay.

Bas Jones

Anonymous said...

I am a friend of Diane's from school back in Missouri and her
niece is good friends with my son.
I truly believe in my heart that
Diane is incapable of murdering any
one or any thing. She was smart,
kind, and a good friend all those
years ago and people don't change
their basic make-up and raising.
She was a good person and still is--innocent and wrongly suffering.
We love you and believe in you, Diane!

Dan said...

How can people possibly be so naive as to still believe that our justice system works?? Both judge and jury can be coerced, threatened, and/or bribed to convict anyone who is a thorn in the flesh of this sick world system. I believe Diane Fleming was such a person. Betty Rickmond is right when she says this could happen to anyone.

Lawrence Commans said...

It's now 2009, and it's only recently that I became aware of Diane's plight. After watching the documentary, " Sweet Misery, about the effects of Aspartame and how this deadly substance became commonplace in our lives, I decided to take a closer look at Diane's case. One of the biggest issues today is the incarceration of innocent people, and I believe after doing my own research, that Diane is in fact innocent, and that it's OUR civic duty to see that justice does prevail in this case, because I don't believe it has yet. Imagine yourself flasely accused and sentenced to 50 yrs, wouldn't you want other people to take atleast a few moments of their time to evaluate your fate?? That's all I am asking. I've never met, nor heard of her before, but I would like to help her in any way I can.

Anonymous said...

This is a fucking outrage. I have no relation or ties to this woman, but the fact she was convicted when shes so clearly innocent, enfuriates me. I say throw the judge, the jury, the prosecution, the police, and the medical examiner in prison for however long Diane has been there. How can these people fucking sleep at night?

Anonymous said...

Can I write to Diane Fleming?

Free Diane Fleming said...

You can write to Diane Fleming at the following address:

Diane Fleming, Inmate 311655
Route 250 West
P. O. Box 1000
Troy, VA 22974

Anonymous said...

The world is a disgusting place, Donald Rumsfeld should be the one in Prison not Diane, my wife and I watched 'Sweet Misery' and were astounded by such an absurd case, regardless of the facts surely any human being would have the ability to recognise whilst watching Diane breakdown in tears that this was a genuine emotional response for the loss of her husband, if guilty of murder Hollywood is missing the best actress (it's ridiculous using 'actor' for women!)I've ever come across!!
Best wishes Diane from the U.K.

Anonymous said...

Diane Fleming's Address:

Diane Fleming - 311655
8D 212B
P O BOX 1000
TROY, VA 22974

Anonymous said...

Diane Fleming's address:

Diane Fleming - 311655
8D 212B
P O BOX 1000
TROY, VA 22974

Anonymous said...

She's clearly innocent. No question.

Anonymous said...

After watching your story on tv I believed you. Maybe you can start something to sign . I believe you and others will too.

C. Kimbler

Dawn said...

After reviewing everything I've seen and heard on this case, Diane is innocent. Terrible miscarriage of justice. I would like to watch this case and I will pray that God brings the truth out in the open.

kate said...

band,Diane and above all God. After watching Diane's story, I feel she is innocent and if anything.. Itleast deserves a new trial. God Bless to Diane and her family n friends. KateOnly 3 p

Kimberly said...

After watching "Women Behind Bars" then reading up on Diane's story on the internet, I absolutly have "reasonable doubt" to her guilt. I believe the new medical evidence should be reviewed, I'd be happy to sign any petition or write any law officals, please let me know if there's anything I can do for Diane.
Kim Birdsall
199 Sawyer Hill Rd
Mount Holly, VT 05758

Anonymous said...

My name is Dillon Powers and I too watched the episode last night with my daughter.I am not judge nor jury and I am not the Lord Almighty, however I do know his power and I do believe that if Mrs Fleming was wrongly accused and condemned that TRUE JUSTICE will be served very shortly.
Diane only you and God know the TRUTH. God will help those in need and save one from their enemies.

Faith can move mountains.

Dillon Powers
Cumberland, Va

Anonymous said...

Faith and trust in the Lord can and will move mountains.

Tammy said...

I was incarcerated with Diane and having read the information she provided me, then to come home to read even more, I truly believe this woman was wrongfully convicted. She is an amazing woman, friend and mother who should be freed. I ask that anyone who cares write the innocence project and persuade them to take on her case. Diane has three kids who need her. There are so many who swear they are innocent. Diane is! Help to bring Diane home.

Tammy Sutphin

Gina said...

I must say I have never heard of Diane Fleming until the past few days when I sat down to watch Sweet Misery. I have been a fibromyalgia sufferer for a year when my condition mysteriously emerged from nowhere. My doctors never found a thing and suspected it to be fibromyalgia but I was never satisfied with that diagnosis and kept looking..
I have been consuming aspartame for 7-8 years now on and off and large amounts in the recent years. I am a living proof that aspartame does cause severe neurological problems and based on that I am more than 100% sure that it can cause even worse problems, such as death, such as Diane's husband's death. I am horrified and beyond angry about learning this injustice that has been done to Diane and her family. I will keep her in my prayers. I am convinced that she is innocent. I remember how many times I've been taken to the ER during these past 12 months with weird heart problems and chest heaviness, etc. just to never find a thing. I have been very, very scared. Looking at this tragedy I think I could've been off a lot worse than I am and I am thankful to God to open my eyes about this poison - NOW what can we do about Diane? There MUST be a way to get the word out and serve justice. There must be a way to stop these money hungry "people" who make us all very, very sick.

tthan43 said...

I believe it is another judicial tragedy by the Virginia judicial system. It is obvious they will throw away a human life with no concern. To convict her on such flimsy circumstantial evidence is unbelievable. There is a medical doctor's analysis of the pathology and cause of her husband's death and it most assuredly does not point to Diane at all!!! It points to the hospital's ER screwing up and an utter denial by that facility. This is, of course, in direct contrast to the doctor's report. No credibility is given to the doctor's pathology analysis of her husband's actual cause of death but rather credibility is given by the courts to the ridiculously flimsy circumstantial evidence in order to secure a conviction. One more laughable example of Virginia's pseudo-judicial system.
Dr. Tony Thannisch

Anonymous said...

In re to Diane Fleming;
I have one more thing to say. You idiots in the jury box ought to be ashamed of yourselves as should all of you public officials who convicted this woman. Thank God in heaven I do not live in a state like yours where people are convicted on half truths and outright lies when all of the evidence points to your idiocy. You are all idiots. You make a mockery of justice. Good think I am not God.

Anonymous said...

The jurors should stand up and do the right thing. Admit you MAY have made a mistake. Give Diane a chance to prove her innocence. Jurors, do you sleep at night?

Anonymous said...

Free Diane Leming!

There is NO PROOF that Diane committed a crime.

I think the real criminals in this case are the companies putting aspartame in their products.

And Diane, don't give up hope. God is watching over you.

Lois Blood said...

I just watched "Sweet Misery" and am totally convinced that Diane Fleming is innocent. In this country we find O.J. Simpson innocent with more than enough evidence to convict him but then find Diane guilty without proper representation or evidence. All I can say is that those people who condemned her will face the good Lord in the end and will be held accountable for this injustice. I pray that God will hear all our prayers and release Diane soon.

Anonymous said...

I have just watched a program about Diane. I can tell you that if I had been on that jury she would NEVER have been convicted - even without the testimony of Dr Mohammed. There were just too many inconsistencies in the prosecution's case.

If she was guilty, why would she voluntairly offer up the Gatorade; if there was insufficient methanol in the gatorade to kill him ,where did it come from;

The prosecutors stuffed it up. And all of the appeals court judges that followed on after her conviction should hang gheir heads in shame. They are gutless wonders.

Good luck Diane, I hope you make it.


Avery Hilditch
South Australia

tony said...


Anonymous said...


Anonymous said...

What is the current situation with Diane's case?

Free Diane Fleming said...

An Innocent Project lawyer is interested in Diane's case.

tony said...


Anonymous said...

I just watched the Diane Fleming episode on Snapped, and I believe she is innocent. What a terrifying situation....prayers for her and hope that this will be worked out...

Suzie said...

I just watched the Diane Fleming "Snapped". I'm generally one of the first to think the worst in people. Sad, I know. But it's the truth.

I watch those shows and when the women claim innocence I'm scuffing and rolling my eyes.

Diane Fleming is the exceptation here. I truly believe she was wrongfully convicted and my heart goes out to her and her family.

If there is anything I can do...write a letter...whatever, just let me know. Very rarely do I believe in the good of people, but I believe Diane is a good woman. I believe she is innocent and should be home with her family.

Anonymous said...

I am an avid wathcher of Snapped. Every time a new season starts, I make sure my DVR is set to record the series. Usually when a woman is claiming to be innocent I am yelling at the tv saying "yeah right". This was not the case when I watched the case of Diane Fleming. I was completely outraged at this complete miscarriage of justice! To me it is an instance of our judicial system making a mistake and then being too arrogant to admit it.
I feel so bad for Diane and her family. I'm not sure who reads this, but please let me and everyone else know if there is something we can do to help. I am on board with anyone that is working to free Diane Fleming.

Anonymous said...

Thank all of you for your support and faith in the truth and Diane. I would expect that some good may come from writing the Innocence Project. I think Virginia has a chapter. I have written them and encouraged them to at least look at her tragic case.

Free Diane Fleming said...

Thank you all for your comments. Visit The Innocence Project website to send them an email or letter and encourage them to take Diane's case.

Jeannine said...

I recently became aware of this case after watching Women Behind Bars. I belive that justice was not done in this case at all. At the very least Mrs Flemming deserve a new trial but better yet with all the issues raised in her writ her conviction should be vacated. It saddens me to think that innocent people are sitting in prision because a prosecuter is to proud to admit that he was wrong. Our justice system is good when its done right but must be corrected when its wrong. There are people walking around free who should be jailed and jailed people who should be free. I pray that this case will finally get the second examination that is cries out for. God bless you Diane and your legal team fighting to right a wrong.

Abby Staehle said...

I recently watched the episode of Snapped on Diane Fleming.The state of Virginia has stolen this womens life. This is one of the worst cases of injustice I have ever heared. She needs a retrial now and let this mother go home to her kids. Shes lost her husband, kids and life. This is a case of TRUE INJUSTICE! Anyone that can't see that is stupid or has been paid off. If there is anything I can do to get this mother home to her kids please let me know. Show me where to sign. And Mrs. Diane you will be in my prayers.

Bas Jones said...

It really is intolerable that Diane is still in prison. Obviously, our efforts to get her released have been insufficient. She sent me the email addresses of several supporters so that I might contact them. The idea is that a more coherent, concerted approach to the 'powers that be' would stand a better chance of procuring her release. Unfortunately, I received only two replies. This may be because my email was deleted as spam or a possible security risk.
Accordingly, I am asking all supporters who would like to work together, to email me at basil.jones@ntlworld.com. Together we can develop a strategy to get Diane's case reviewed. She has suffered far too much, too long.

Anonymous said...

I just watched snapped and it was of Diane Fleming, I never heard of her before then, but after watching the show and seeing at the end she had not received a new trial or been set free totally threw me for a loop, I was sure after the evidence she would be granted new trial, this really makes me mad. This woman deserves at the very least another trial to summit the new evidence. And it is true that Judges don't like to overturn another Judges decision and they usually don't cause they are afraid to have their own decision overturned,and it doesn't just happen in criminal courts. I fought ssa for many years and after changing my address so that it would be sent to a new judge in a new city he granted it, he had stated that he believed the previous judge was in error by denying the first time, but he wouldn't overturn his decision because it would piss him off if someone overturned his own so he would only go back as far to the previous judges date which meant that i would only receive 1 year back pay instead of 4 I should of received. This is our justice system America and if you don't think it can happen to you it can and probably will at some point in time even if it's in front of a criminal judge or a ssa judge or anything, eventually it will happen to you or someone you know.
And I don't believe a Judge alone should have so much power, just because they don't want to upset another judge they are willing to leave someone behind bars, and are willing for the state to keep money that is rightfully yours, willing to allow you to lose everything you own just so they don't get their feelings hurt by someone else saying they was wrong. There should be some type of a better justice system, it would be nice if we the people once someone is found guilty and new evidence arises we as American's should be able to look at the evidence by online or a television show,and if the person gets so many people in agreement that the evidence supports a new trial then the person should automatically receive one, and it not be up to only judges, or one judge.We have thousands and thousands of innocent people sitting behind bars because these judges don't want to hurt another judges feelings by overturning their prior decisions, and saying they are wrong for not allowing the person a new trial. I'm not saying take away our juries, all I'm saying if new evidence comes forward then it shouldn't just be up to judges to make the decision if they will consider it or not.Or even bringing in 6-12 new jury members to look at the new evidence and allow them to make the decision if it's enough to allow a new trial.

Anonymous said...

Our justice system sucks,no judge likes to overturn another God forbid they get their feelings hurt while a person sits behind bars that could be innocent. When new evidence comes forward it should be a decision of the people if it's enough to warrant a new trial, even if bringing 6-12 jury members and allowing them to look at the new evidence and make the decision if it is enough to grant a new trial, it shouldn't be just left up to the judges, the judges don't care about you or any innocent person that has been found guilty as long as their decision of not allowing any new evidence to be heard don't get overturned. And this just don't happen in criminal courts it happens in all courts even ssa courts no judge likes to overturn another and most won't.

Anonymous said...

I can't stand how they put everything on 1 certain test, same as drug test, if it comes back you done cocaine even though you might not of done cocaine in your life you are automatically guilty, oh no the machines don't make mistakes, the people doing the test don't make mistakes, and anyone that has used any type of machine you know there is none out there i have ever used that runs perfect at all times, or never goes out, or starts to mess up.Anyone that owns a computer knows it never runs perfect 100% of the time, eventually something messes up. and then you add humans into the mix, and humans tend to always make mistakes, they can't fathom a person forgetting to wipe of testing area, or just not wanting to. Or using a clean vial. No that kind of stuff never happens.They want us to believe these test are always right, but I don't know anything or own anything that always works right, hell even watching the 9/11 documentary and them telling about Bush and fbi,cia trying to talk to the outside world but the equipment kept going out, this is high end the best stuff available to anyone and they couldn't get it to work right. And they want you to believe the medical testing is always correct??? Come on people wake up.

Glenda said...

Has anyone thought if writing to the President? This is injustice! It's so obviously wrong!

Anonymous said...

I just saw a special on television about Diane. I hope she gets justice, this is a travesty. I hope the Innocence Project can help her.

Anonymous said...

I will sign a petition or volunteer to help in any way I can. I saw your story and I believe you are innocent. I hope the Innocence Project can help you also.

You are a very brave woman.

tony said...


Anonymous said...

I pray for Diane and her family. She is wrongfully convicted and this is absolutely ridiculous! I hope Diane finally gets justice and soon!

Ben Riggs said...

This story has made me sick to my stomach! How can a judge live with themselves knowing they allowed this woman to go to prison when she is obviously innocent? I am not sure what I can do to help but I would love to do something to help Diane. If anyone has any information on how I can help please e-mail me at briggs@student.cccs.edu and I will be happy to write letters and have fellow students write letters to the "powers that be to help Diane see justice is found.

Bas Jones said...

Although British, I wrote to President Obama a year ago, but received no reply.It seems highly unlikely that the occasional, individual letter will ever reach him. I also wrote to the Governor of Virginia, who referred me to Gary L. Bass,Chief of Operations at the Dept.of Corrections, who told me that my "issues" must be addressed through the "judicial appeals process", whatever that is. I also wrote to the Senator (Jim Webb) who said my concerns were not within his area of authority and that Diane "may wish to consult with a private attorney ... to determine what other remedies, if any, may be available to her". Diane gave me email addresses of 12 of her friends so that we could plan and organise a co-ordinated strategy. I received only two replies. I have also emailed the Innocence Project for advice, but got no response. It seems that we must really band together if we are to make any impression on the powers that be. I get frustrated when I see a message from "Anonymous", expressing a willingness to get involved but without a return address. For heaven's sake, let's get some focussed action for Diane - she surely deserves more than she has had so far!
Bas Jones. basil.jones@ntlworld.com

Tony said...

All of you are wonderful. I have written Diane a letter in which I have copy/pasted all of your comments and she is reading them. Believe me when I tell you that your comments are doing wonders in lifting her spirit and restoring hope. To date, I am pretty sure that the Innocence Project has taken on her case and there is terrific hope that they will be able to bring some miracle her way. Thank you with the whole of my heart for your time and your words. All of you are much more than appreciated.

David Dixon said...

The problem with policing nowadays is that the police do not see their responsibility in terms of detecting crimes but in mounting prosecutions. And they are using the standard of jury intelligence that is displayed in this case to achieve their objective. They acquired their principle from Thatcherism, e.g. opportunism and exploitation.

Diane Fleming's husband, the victim of this case, would wish her to be vindicated and, if he was a responsible tax payer, he would wish the police and our courts of justice to do their jobs properly. Cases like this should be a catalyst for reform.

Edwin Brennan said...

Only Ms Fleming knows the truth, but how the jury failed to see "reasonable doubt" baffles me. Even without Dr. Al-Bayati's medical evidence, this case was certainly not proven. Or has the law been changed? This case is a terrible comment on the judicial system ( and on the intelligence of the jurors. )

Wanda said...

If Diane Fleming is still incarcerated why is this blog not being updated? I just saw the Snapped episode about her today (November 24, 2010) so today would be a perfect time to once again take advantage of renewed interest in her case to gather signatures for petitions or whatever. Why is no one doing this? I'd be willing to sign one, but I don't see one online. I believe that if this woman is still in prison, those who have given up the fight to free her are just as guilty as the ones who put her there in the first place.

Free Diane Fleming said...

Wanda, I just found a petition to free Diane: FREE DIANE FLEMING



Shania said...

I currently live in the unjust commonwealth of Virginia. This entire state is unjust. Judges always side with the prosecution & police EVEN when the forementioned is proven wrong. I beg people to look into the number of cases the Innocence Project has taken from VA because the court has refused to police themselves. My friend has served 16years for a murder he did not commit. The prosecution paid his witnesses to leave the state. The witnesses have now returned wrote letters to the judge & govenor begging them to give my friend a new trial, they beg to tell what they know only to be threatened with jail time. I pray Diane Fleming is released & I pray more people come out to stand up for those unjustly imprisoned in VA's privatized slave machine, i.e. prison. I am willing to help anyway I can please email me 5starmommy@gmail.com

S.M. Allen said...

What is the current status of her case with The Innocence Project? I believe this woman was truly wronged and would like to see this injustice righted.

Jan Donaldson said...

I have always been intrigued by murder cases that have aired on TV and usually I feel satisfied by the convictions made. This case, however, completely shocked me. I am truly saddened by the fact that every appeal has been denied! I honestly feel this woman has been wrongly charged and her life has been torn away from her! I have seen several cases where methanol poisoning was the cause of death and the signs and symptoms do not just begin that day resulting into death. Two Toxicologist even said that there was not enough poison in Chucks system to result to his death. There are no reports that Chuck had any symptoms of being poisoned before the day he died. Also, the antifreeze that prosecutors said was used in the gatorade to poison her husband had NO traces of blue dye? How is that not enough new evidence to have this case retried?! Please let us know the update on this case because the petition has been closed? I am surprised that the jurors in this case have not come forth with this new information to help fight for her freedom. I could not live with myself if I had wrongly convicted someone!
I am sending a letter to the Innocence Project. Please let me know if there is anything else I can do? We need to join forces and be the voice for Diane so that she may be freed and with her family again. So much of her life has already been taken away from her.

Jannah D.

Lorri Miller said...

Good grief - still no good news, still NO news in this case? How, how, how can this be? When I finished watching "Snapped" this evening, I Googled Diane Fleming expecting to read news of her retrial and subsequent acquittal but instead I find a denied appeal and no updates at all.

I went to the Project Innocence website but can find no evidence of the fact that they have taken on her case and all of the Blog postings I find are old - even the petition has been closed.

So what do we do now? I see that Basil and a few others have tried to get help for Mrs. Fleming but to no avail. How do we coordinate a ground swell that will get the attention of the 'powers that be'??

Lorri in AZ
My email is I Love My Coupons at gmail dot com - remove the spaces of course. :)

Lorri Miller said...

I just visited the Innocence Project website again and found that the only way to to request that they take on a case is via postal mail or overnight mail delivery. Here is a cut and paste directly from the site:

Contact Us
Innocence Project
100 Fifth Avenue, 3rd Floor
New York, NY 10011

To submit a case to the Innocence Project

The Innocence Project is not equipped to handle case applications or inquiries by email or over the phone. All case submissions and follow-up correspondence will be handled by mail or overnight delivery services only.

If you are seeking legal assistance, please read the following guidelines for submitting your case.

All cases for consideration should be mailed (to the address above) with a brief factual summary of the case, including the specific charges and convictions and a list of the evidence used against the defendant. No other documents should be submitted for initial review. The Innocence Project is not equipped to handle telephone or electronic (email) applications.

The Innocence Project only accepts cases on post-conviction appeal in which DNA testing can prove innocence. If the case does not involve biological evidence or DNA, visit the Other Innocence Organizations page to see if there is a program in your area that provides broader legal and investigative assistance.

I plan to print out a summary of the case facts (this blog and others are a great help with this) and mail it directly to them. We'll see what, if anything, comes of that.


Lorri Miller said...


After reading more on the Project Innocence site I'm convinced that they won't take the case because it's not DNA related. I'm not sure that it's 'biological' evidence either but maybe it is. In either case, they suggest that we visit the "Other Projects" page so I did that, scrolled down to the Virginia projects and there are two. One has a website - and guess what - only the prisoner can complete the questionnaire. UGH.

SO...to the Free Diane Fleming Blog owner - apologies for my flood of posts but unfortunately, I tend to think out loud and that's exactly what I did here. Sorry about that. :)

At any rate - if someone here is in contact with Diane and/or her attorneys or supporters, could you direct them to the following "other" innocence projects?

Mid-Atlantic Innocence Project
4801 Massachusetts Avenue, NW
Washington, DC 20016

Innocence Project at UVA School of Law
580 Massie Road
Charlottesville, VA 22901


Douglas Hollowell said...

I just finished watching the "Snapped" episode about Diane. Towards the end, I kept thinking her nightmare would end because at least ONE of the courts of appeal would realize that her case just didn't pass the "smell test". But no, nobody cared to see that the evidence just didn't fit together to form a complete puzzle picture. All I can say is that if this injustice had happened to a family member of the Governor of Virginia, or a state or federal elected official of the state of Virginia, you can darn well bet that somehow heaven or earth would have been moved to get their loved one out of prison. But for Diane, um, nope.

The people of Virginia run the affairs of the state. They simply elect people to do the work. There simply MUST be a way through the political channels to have this case reviewed for the joke that it is and, at a minimum, grant Diane another trial to present the evidence that has accumulated since her incarceration.

I do not understand how the prosecutor, judge, and jury can sleep at night when there is so much DOUBT in this case. I agree that most convicts proclaim their innocence, but this case just doesn't set well with me (and apparently many others). We, as a society, simply cannot turn our backs on a wrongly convicted person, and shrug it off by saying "you got your time in court." This conviction of Diane Fleming is WRONG, WRONG, WRONG!!!

Debbie & Chris said...

Having watched "snapped" on tv last night, both my husband and myself cannot believe what is happening to this lady.
she is so obviously innocent and this should never have gone this far.
we would like to show our support to Diane and write to her if possible. we live in Scotland and have no legal training or anything like that but even we can see that this is wrong.
her poor family have lost their mother for many years and as a mother i feel for the loss of her missing her children grow up. it must be heart wrenching for her knowing she is innocent and not being able to do anything.
why is the justice system not doing anything to help her and get her out of there and back with her family where she belongs.
please forward her address so that i may write to her.
thank you

Anonymous said...

Please do not forget Diane and write to keep her spirits up. You
can't send her stamps but you can send her a money order with her
number on it. Letters can only be 5 pages, which carries one 39-cent
stamp. Here is her address:
Mrs. Diane Fleming
FCCW 8D 209A
Box 1000
Troy, Virginia 22974

Anonymous said...

I hope that the address I posted helps you.

Diane, we are praying for you.
The Wierzbicki's Portage Indiana

Anonymous said...

I just finished watching the Snapped episode of Diane Fleming's case. Not having heard the story before I had no idea how her court case concluded. When they got to the part in the show about the medical and hospital tests and treatment, my immediate thought was that there was misdiagnosis and/or malpractice involved. I knew of other stories where mothers had been falsely accused of this in children who turned out to have a condition that caused their body to produce methanol. I fully expected that this possibility would be discussed as the show went on. I know what happened to Diane's husband is probably a different condition but obviously methanol IS something that can DEVELOP in a body and if I, an average housewife, know that then certainly the investigators/prosecutors involved in this case should. As I watched the show through to the end, I was dumbfounded that it hasn't even been considered. How can this keep happening? Don't the people who prosecuted Diane WANT justice? How do they sleep at night? I will pray for you Diane, for your family and friends and yes, for the prosecutors and judges so that they can set aside any issues of pride, embarrassment or whatever is getting in the way of logic and reason in this case.

TONY said...


Bas Jones said...

It is obvious that there is little progress so far in getting Diane's case reconsidered. This blogsite has become unwieldy - plenty of expressions of sympathy, but not enough action. Any newcomer to the site finds an enormous amount of material, too much really, so that it becomes exhausting to plough through it all. I am suggesting that whoever is in charge here might usefully consider an update/redesign. A greater 'feel' of immediacy and urgency is required, otherwise it will become even more swamped in (too often, Anonymous) expressions of sympathy and little else. Anybody who agrees with me is welcome to email me basil.jones@ntlworld.com to find out what concerted, sustained action can be taken to attract more publicity and put more pressure on those in authority who matter. Diane deserves it!
Bas Jones

david alex fleming said...

My name is David Alex Fleming, and I am an American Author. As the Author of a novel called "Dying Innocence" and having worked in the legal profession for sometime before my authorship, I am concerned about this case and I am going to take a very close look at it. Things I need to know?
1. Does Diane have current legal counsel?
2. If so, who?
3. Where is she being held/incarcerated?
4.At what stage is her legal proceedings?
Should anyone know these answers, please go to my website and enter "contact us" and let me know

Betty Rickmond said...

I am Betty Rickmond, staunch supporter and friend of Diane's.
Her correct address is:
Diane Fleming #1127555
Fluvanna Correctional Center for
Women (FCCW)
8D 212B
P O Box 1000
Troy, VA 22974

Please write to Diane and give her
your support. Nine years is a long
time to be incarcerated when you are innocent!
Do not exceed 5 - 8 1/2 X 11 sheets of paper, postage not to
exceed 44 cents. Only stamp and
return address on envelope - do not
put anything else inside or outside
of envelope (the envelope will be
returned at her expense). Thanks so much for caring. I/we love her
and cannot wait until she is back
to her normal life!

Anonymous said...

White knights coming. I am from the pharmaceutical industry. The facts of the case fit an area of drug safety the FDA terms "DDI." We are DDI experts and are planning our contribution to Diane's Case now. Stay tuned.

live skate said...

My heart truly goes out to her and her family.
I can not begin to imagine what it must be like to sit behind bars for something the world knows you didn't do. It makes me sick to know that the evidence is so clear, its right there and because law makers and higher ups don't want to look stupid for sending her, keeping her in jail and not giving her the trial she deserves, when its so simple to see she is not guilty. I just hope and pray she gets to be heard and released.

Jeanne said...

I just watched the episode of Snapped and am finding it difficult to understand how certain key pieces of information could've been put aside as having no value in leading to Mrs. Fleming's innocence or at the very least, casting a shadow of doubt. I'm no medical professional but, have read cases over the last 27 years of the medical problems associated with aspartame, creatine(and other muscle building supplements), sports drinks,workouts(especially, in warmer temps. Combinations of those things can lead to trouble...throw in antacids and trouble can multiply.
I didn't see, nor read, where testing was done on the powder, just the contents of the Gatorade bottles. If that's the case, it could've been product tampering.
The one toxicologist stated there was no way in determining if Mr. Fleming had ingested the methanol over an extended period of time. In cases of long term poison suspicion, hair samples are taken and dissected at increments to help determine time frame of poisoning.
I do believe, beyond a reasonable doubt couldn't have been concluded by a panel of jurors who sought to do their duty in this case.
I pray your case will get heard again by justices and jurors that have their eyes and ears open.

Jeanne said...

I just wanted to add:

I was apalled and completely nauseated by the defense shifting the possibility of guilt to her son. Although I believe justice did not prevail in this case, the defense pointing the accusatory finger at her son was a cheap, low and incredibly lazy way to try to defend Mrs. Fleming! It truly brought tears to my eyes. I pray the kids are as strong as Mrs. Fleming and can hold tight until this mess (BIG BIG mess) is resolved.

Anonymous said...

The absurdity of this entire witch hunt by the Chesterfield County prosecutors office should be an embarrassment to anyone living in Virginia. Why are the courts allowed to ignore her pleas? Bush, Cheney and Rumsfeld are free but this lady is imprisoned? GET HER OUT! Her incompetent defense failed her and that jury must have been made up of all the village idiots.

Anonymous said...

In view of recent developments in a celebrated case, regarding 1 Amanda Knox, Mrs Fleming is clearly not less innocent than Miss Knox. The difference between the 2 cases seems to me to be that Mrs. Fleming's supporters do not have the massive financial and P. R. machine that was called into play to protest aggainst Miss Knox's conviction and sentence.

Also, let us not forget that Miss Knox was tried by an Italian court, (and see comments from most Americans on any related web-site that you care to choose), and therefore as "foreigners" were involved, you cannot trust their justice system. Some have even gone so far as to suggest that the Italian court and justice system is fundamentally corrupt.

Had a fellow American been killed, or had the crime happened on American soil, would there have been a different outcome?

Is it surprizing that no answer has apparently been received to letters addressed to the Health Officials of the local area? Surely, they would not want to admit that a member of their profession was negligent in the administration of any further substances which hastened Mr. Fleming's death.

As far as the wider issue of the use of aspartame contained within the Gatorade is concerned, as the U. S. goverment has stated categorically that aspartame is safe, and as this opinion has been backed up by the establishment medical profession, what would the public think if it was proved that the cause of Mr. Fleming's death was due to aspartame poisoning, with the added complications of other substances administered by health professionals?

Looking at the evidence for the 1st time, and reading everything that I have been able to on the subject, it is abundantly clear that there has been a gross miscarriage of justice, but I feel that the powers that be will not risk the public exposure of the risks of aspartame, together with the incompetence and negligence of the medical profession and the legal profession in this case, as this could call into question huge numbers of similar situations, where individuals have been harmed by aspartame and/or the medical and judicial system.

I wonder how many of those who have written here against Mrs. Fleming have a vested interest in any of the 3 afore-mentioned subjects.

I would like to hold out hope for Mrs. Fleming, but I fear that vested interest and indifference to her case shown by the mainstream media do not bode well for this lady. Luckily, she seems to have a strong faith, and it may be that this is all that will see her through.

Anonymous said...

Today is the first time I heard Diane Fleming's name or learned anything about the injustice that she has suffered. Unfortunately, I can't say the same for the fundamentally flawed American Justice System. It sickens me the number of innocent people serving out interminable sentences in American prisons, because of overzealous prosecutors and self-important judges who are loathe to admit whe they've made a terrible mistake. It is my sincere hope that Diane's case has been taken on by the MA Innocence Project. I doubt that without their assistance she will have any chance at exoneration as sad as that fact is. If there is anything I can do to be of assistance please contact me @ fak0428@yahoo.com. This lady did not deserve what happened to her, and I would love to hear someday soon that she'll back with her family.

Anonymous said...

I'm just appauled by what has happened to ms.Fleming,it s scary to know we live in a country where we cant even trust the judicial system,but a drug dealer or fame can pay of the system and an innocent mother sits in prison,disgusting

Tony Thannisch said...

To those who wish to write to Diane, here is her address. She will answer and let you know the email address/address of her attorney. For some reason, the innocence project has not responded. Diane Fleming #1127555, FCCW 8D 212B, Box 1000, Troy, VA. 22974-1000
I am sure she would dearly love to hear from you. She is indeed innocent and this is just such a draconian place she lives in. These people could care less about justice.

Anonymous said...

Im sorry I really know nothing of Mrs. Fleming's case. However, I recently lost a friend to cancer who was incarcerated at Fluvanna. It started in her cervix, then liver, lung, kidney, and brain. I dont know how it progressed so quickly if these women are recieving the proper medical attention. My point is just to tell her story, and to tell you supporters to get Mrs. Fleming out of her if she is innocent--her health depends on it!!

Anonymous said...


Anonymous said...

I'm in Brazil and I saw on TV the case, I hope dr Al-Bayati's report
give the freedom to Diane.

June 27, 2012

Anonymous said...

Free Diane !!!

paul mcgann said...

im in scotland and just watched a crime programme about this case...only in america could all the evidence point to innocent tho they find the person guilty and refuse to sort it out...disgrace

Anonymous said...

It is unfortunate that Diane Fleming was falsely accused by the police and then convicted by a corrupt legal system.

I agree with the person who wrote "the powers that be will not risk the public exposure of the risks of aspartame, together with the incompetence and negligence of the medical profession and the legal profession in this case, as this could call into question huge numbers of similar situations, where individuals have been harmed by aspartame and/or the medical and judicial system."

The attorney for Diane Fleming was grossly incompetent for failing to raise the issues of aspartame poisoning and failing to provide a vigorous defense of Diane Fleming. A defendant must never trust their attorney because he is "an officer of the court" i.e. he is never there to protect the defendant's interests - he is there to protect the interests of the court. Of course, there are a few good defense attorneys who actually care about truth and justice, but these few attorneys must be sought out and utilized. Diane's attorney should have put Donald Rumsfeld on trial as the crooked G.D. Searle CEO who bribed the FDA into approving toxic aspartame despite it causing methanol poisoning. The failure of the court to allow that defense would have opened the door for an automatic appeal. Diane Fleming is in my prayers and may Donald Rumsfeld rot in hell.

Anonymous said...

I am convinced of her innocence after watching a documentary called "Women Behind Bars." Several aspects shocked me. First, typically windshield wiper fluid with have propylene dicol or some derivative, and yet in the toxicological report there is NONE. It's obvious to me that windshield wiper fluid was not used to poison him, if this even was poisoning. It is concerning that in the trial, the state did not present evidence that the amount of methanol would have killed him and could not PROVE where it came from. Secondly, the state's circumstantial evidence is really weak and the gatorade was not sampled utilizing a standardized procedure. Thirdly, this women was given only a day trial for a murder trial. Is this really how our criminal justice system is coming to? And fourth, what kind of dumbasses do we have serving on juries? Are you kidding me that people actually found someone guilty based upon this wonderful "evidence."

This whole "case" screams sham. Shame on Virginia and the police and prosecutors involved for being more concerned with a conviction than in finding the truth. Shame on the politicians and judges who refuse to take up or look at the evidence in the case.

What can we do? How can we call ourselves a just country when these sorts of miscarriages happen? Who should be prosecuted for such a miscarriage of justice?

Anonymous said...

I just watched Diane Fleming's interview on a documentary on aspartame. Is there still a petition going around? I would like to sign it and also spread the word for others to sign it.

Kangen h2o Testimonials said...

Only in America could a Casey Anthony kill her child, lie to police, hide the body and go free while Diane sits in a cell to rot for something she did not do. How sad.