David Kirby: Whats with the scaremongering?

Letter from DOJ (980kb)

Ploughing through my email which had accumulated whilst I was ill, I found that David Kirby had published a piece on the upcoming Autism Omnibus hearings in the US. Go have a read.

NB: For the uninitiated, the Autism Omnibus court hearings are going ahead in June next year. They are a joint action brought against the vaccine claims court. These are important because it will be these hearings that determine whether there is any official recognition that thiomersal/MMR causes autism. This is almost certainly not going to happen. Mainly because vaccines don’t cause autism and there is no science to suggest they do, but also because the thiomersal/autism expert witnesses would be better termed expert witlesses. Geier, Haley, Hornig, blah blah blah – the same science and the same people that recently resulted in the thiomersal/RhoGAM/Autism court case being thrown out.

Anyway, back to David Kirby. He was blogging about a recent turn of events wherein the Special Master (the person who will be overseeing the whole trial) had asked for opinions from both claimants and the DOJ on granting public access to the trial. Both duly obliged. Of course, the response the DOJ gave was immediately leapt on by David Kirby. I’ll be doing something Kirby didn’t do in his blog entry and actually looking at the letter. I’ll also be quoting from both that letter and Kirby’s post. If you want the whole letter for yourself, you can download it from the link at the top of this page.

Kirby starts off by setting the mood:

Next year, a “Special Master” in an obscure Federal court known only to a few Americans will preside over a highly sensitive judicial matter of urgent national importance. The Bush Administration wants to hold the hearings in a sealed courtroom, off limits to the press and public, with stiff “sanctions” for any outsider who attempts to gain unauthorized access to the secretive proceedings within.

Terror trials in faraway Gitmo? Good guess. But these are vaccine trials on New York Avenue, in downtown Washington, at the U.S. Court of Federal Claims.

You may not know it, but there is an official federal “vaccine court,” where some 4,750 autism-related cases have been pending for years. Claimants believe the mercury-based vaccine preservative, thimerosal, and/or the MMR vaccine, contributed to their children’s autism, and they are seeking compensation from a special vaccine injury fund administered by the federal government.

So, apparently, the DOJ wants to hold the hearings in a sealed court, off limits to press and public with stiff sanctions for any outsider who attempts to gain unauthorized access to the secretive proceedings. I have to be honest, when I read that I was on Kirby’s side. It sounds terrible. Then I remembered that David Kirby has been known to tell the odd porky on occasion. and decided to reserve judgement until I’d read the letter. Now I have.

Firstly, what is particularly odd about denying public access to these proceedings? The DOJ state quite plainly that:

…public broadcast of federal trial court proceedings appears to be without precedent. Broadcast of criminal proceedings is banned by federal rule.

It would in fact be odd if they did agree to this. If the Omnibus memebrs believe they are special cases then they need to explain why.

And a sealed court Mr Kirby? Hardly. From the letter:

…respondent agrees that some arrangements, unique in Vaccine Act proceedings should be taken to permit Omnibus claimants and their counsel to observe the trial…..[a]udio webcast of the hearing to those claimants who do not attend in person appears to be the best available method to permit them to follow the trial.

I wouldn’t call that a sealed courtroom. All the people who need to hear what’s being said, can hear what’s being said. From a technical standpoint managing audio instead of both audio and video is both easier, cheaper and more reliable.

So what about these ‘stiff sanctions for any outsider who attempts to gain unauthorized access to the secretive proceedings’…? Well, first, I wouldn’t describe a hearing that is being broadcast to every claimant and their legal team to be secretive. That’s just silly hyperbole. Secondly, I’m not sure after reading the letter exactly what stiff sanctions would be directed against people attempting to get unauthorized access. The word ‘sanctions’ is mentioned once when laying out the conditions for being amenable to an audio stream.

The order authorizing access as specified would contain provisions for sanctions, including termination of the webcast, and the closing of the courtroom in the event of disruptive behaviour, witness intimidation, unauthorized access or other inappropriate conduct.

So sanctions would come into play if the rules were being broken. Said rules include unauthorized access to the feed. In other words, anyone trying to hack the media server. An audio feed goes one way only. If David Kirby wants to cosy up in a room with John Best whilst John’s accessing his protected feed then know one is ever going to know. As far as I know PsychicWare v 1.0 never made it out the concept room. Whether or not the parents feel like talking to press during the trial is, I would think, a matter for their ethical beliefs.

Kirby continues:

The plaintiffs and their attorneys have asked for complete transparency in every aspect of the tribunal, including public disclosure of all evidence and unhindered media access to the hearings. The few autism families whose medical records will be scrutinized as legal examples are waiving their right to privacy and confidentiality, so that their stories may finally be told in an open court of law.

Well, of course they have! It’s in their best interests to turn the whole thing into an OJ Simpson style media circus as quickly as possible. I’d ask anyone who witnessed the trials of Simpson or Michael Jackson – do you think justice was served by turning these trials into a media driven frenzy? Sorry America, but from over here they both looked like a pair of debacles.

There will be public disclosure of all accepted evidence. The DOJ letter makes it clear that they also desire that the official record of the hearing exists. What the Omnibus people want is a discussion on the quackery and pseudo-science that was recently thrown out in the RhoGAM case. And they want this discussed by the media. They know that journalists aren’t as exacting as a Daubert hearing and they know that the best way to win a case in US culture these days is trial-by-media. This is exactly why the DOJ wants to place the emphasis back on actual legal and scientific proceedings. As they state in their letter:

The general rationale behind the ban is preventing witness harassment or intimidation, minimizing disruption, preserving the dignity of judicial proceedings and maintaining a trial free of extraneous influence.

Now, if anyone thinks that the wory regarding witness harassment is far fetched they should consider the absolute vilification that Mercury Militia mainstays, the NAA rained down on scientist Paul Shattuck when he stated there was no good evidence for an epidemic one way or the other. They lied about his funding sources, blew up the fact that he knew someone who’d been disciplined once to insinuate he was involved and generally made the poor man’s life hell. Members of the Yahoo group that carries the name of Kirby’s book have posted the addresses and telephone numbers of scientists who publish science that doesn’t validate their beliefs and encouraged members to harass them with email campaigns and phone calls.

I can only imagine might happen to the poor people called to witness for the DOJ if their faces were made known. If the Mercury Militia want to get up in arms about this then they need to grow up and realise that their own childish irresponsibility led them to this exact outcome.

Likewise, I’d again ask readers to think about the influence the media exerted during the Simpson and Jackson cases. Wouldn’t it be nice to have a trial that’s not run by the paparazzi? Or to put it another way – maintain a trial free of extraneous influence.

Kirby continues with the amusing sleight of hand of stating:

The government may call this privacy, but I call it secrecy. In fact, there has been a long and unseemly history of secrecy when it comes to federal data on thimerosal and autism.

This ‘long and unseemly history’ as recounted by David Kirby relates to precisely one incident where the Geier’s tried to get access to VSD data and when they couldn’t, turned to plagiarism.

Kirby again:

But some documents have already been leaked, including one published in the Los Angeles Times showing that Merck officials knew of the cumulative and alarmingly high levels of mercury in vaccines way back in 1991, but said nothing about it to anyone.

Are there other incriminating memos from Merck (or Lilly or Glaxo, etc.)? My sources indicate that there are, but we may never get to see them. And now, by barring public access to the trial, we may never get to hear them, either.

So, the first paragraph as far as I can tell has absolutely no bearing on the science needed to establish thiomersal causes autism. Neither does it have any bearing on the issue of access to a trial. The second paragraph is, I’m sorry, a joke. Your sources Mr Kirby? I’d say anyone unable to remember the difference between 2005 and 2007 is in no position to pretend sources. And your invocation of a conspiracy theory is both specious and tiresome. Is this really a journalist or just someone who enjoys a good anti-science rant?

Sorry, more Kirby:

Whether he (the Special Master) decides for the parents, or for the DOJ, his ruling will forever be considered within a vacuum, subject to intense criticism from either side, unless he agrees that all thimerosal evidence should at long last be made public.

What unmitigated twaddle Mr Kirby. His ruling will be made in full view of all the claimants who wish to be there either in person or via the audio stream. This isn’t a case of evidence being made public or not, its an attempt to legitimise ‘science’ which is poor beyond belief.

If this UK resident can pass on any advice to the US it would be – ditch media trials. Ditch scaremongering. Ditch bad science. Ditch innuendo.