Critiquing: National Council Against Health Fraud, Inc. – NCAHF News: JURY NULLIFICATION THWARTS BURZYNSKI CONVICTION

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3/7/2013 – “The Skeptics™'” Lynne Batik posted this article on the Colorado Public Television (CPT12) PBS Facebook page: [1]

“The trial of Stanislaw Burzynski for cancer fraud ended in a hung jury (6-6) on March 4” [2]

The problem with this statement is that there is:
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a) NO such thing as a “cancer fraud” law
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b) – 3/3/1997 – “Lake acquitted Burzynski of 34 counts of mail … fraud” [3]
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c) – 3/3/1997 – “He set a May.19 retrial on the remaining charges of introducing an unapproved drug into interstate commerce and contempt of court” [3]
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d) – 5/19/1997 – “A cancer doctor accused of illegally marketing an experimental drug to patients nationwide may face just a single contempt charge … [4]
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e) – 5/19/1997 – “Attorneys for Dr. Stanislaw Burzynski said prosecutors told them they will drop 40 of 41 remaining counts [4]

“Those charge the doctor with violating U.S. Food and Drug Administration regulations in dispensing an unapproved drug [4]
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f) – 5/19/1997 – “Assistant U.S. Attorney Mike Clark refused to say at a pre-trial hearing Friday whether prosecutors intend to only pursue a contempt-of-court charge [4]
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g) – 5/19/1997 – “The contempt count accuses Burzynski of ignoring a federal judge’s orders in 1983 and 1984 against introducing the drug … into interstate commerce [4]
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h) – 5/19/1997 – “(Prosecutors) are telling us the only case they want to try Dr. Burzynski on is the contempt case,” defense attorney Dan Cogdell told Lake … “ [4]
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i) – 5/19/1997 – “He then acquitted Burzynski on 34 counts of mail fraud … “ [4]
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j) – 5/19/1997 – “Dr. Stanislaw Burzynski was charged with mail fraud, contempt and violating Food and Drug Administration regulations [5]
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k) – 5/19/1997 – “At a hearing on Friday … prosecutors had said that they planned to try Dr. Burzynski only on the contempt charge [5]
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l) – 5/19/1997 – “Judge Lake acquitted him of 34 fraud counts [5]
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m) – 5/19/1997 – “The 41 remaining charges include 40 counts of violating F.D.A. regulations [5]
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n) – 5/21/1997 – “A jury here heard opening arguments this morning in the retrial of a criminal contempt charge against a doctor who offers an unapproved cancer drug” [6]
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o) – 5/21/1997 – “In November 1995, Dr. Burzynski was indicted on 40 counts of interstate delivery of an unapproved drug, 34 counts of mail fraud and 1 count of contempt … “ [6]
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p) – 5/21/1997 – “The fraud counts said Dr. Burzynski had used the mail to send insurance claims that were false or misleading” [6]
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q) – 5/21/1997 – “After declaring a mistrial, Judge Simeon T. Lake 3d of the Federal District Court here issued a directed verdict of acquittal on the 34 fraud counts … “ [6]
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r) – 5/28/1997 – “The charges included 40 counts of interstate delivery of an unapproved drug; 34 counts of mail fraud for using the mails to file false or misleading claims to insurers, and one count of contempt … “ [7]
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s) – 5/28/1997 – “Judge Simeon Lake 3d of Federal District Court declared a mistrial and then issued a directed verdict of acquittal on the counts of mail fraud … “ [7]
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t) – 5/28/1997 – “On the first day of the retrial, the Government moved to dismiss the 40 counts of interstate delivery against the doctor and all remaining counts against his institute, leaving only the contempt count … “ [7]
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u) – 8/1/1997 – “After Burzynski’s first trial ends in a hung jury, federal prosecutors drop all charges but a single contempt-of-court citation … “ [8]
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I did NOT see “cancer fraud” mentioned anywhere in those above 1997 newspaper articles
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“CBS’s 48 Hours’ interviews of jurors told the tale as to why they couldn’t agree”

“Clearly, the jurors agreed that Burzynski was guilty as charged of violating court orders not to distribute his unapproved “Antineoplastons” in interstate commerce … “

If the jurors (“Clearly”) agreed that Burzynski was guilty as charged,” why is it
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a) – 3/3/1997 – “Prosecutors vowed to retry a self-described medical revolutionary who treats cancer patients with a compound found in human urine after a jury deadlocked … “ [3]
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b) – 3/3/1997 – Jurors split 6-6 on all 75 counts against Dr. Stanislaw Burzynski … “ [3]
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c) – 3/3/1997 – ” … Judge Lake declaired a mistrial [3]
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d) – 3/3/1997 – Jurors said … that they were divided from the start, and the six for acquittal never wavered [3]
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e) – 3/3/1997 – The big problem was intent,” explained juror Sharon Wray, 37, a legal assistant. I don’t think he woke up one day and said `I think I’ll break the law.”’ [3]
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f) – 3/3/1997 – Juror Darlene Phillips concurred

If we had to have decided `Did he break this law,’ probably most of us could have made that decision by noon last Monday,” Ms. Phillips said

“But the judge’s instructions went a little bit further and we had to say that he not only broke those laws, that he did it with the intent to mislead and to defraud.” [3]
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g) – 5/19/1997 – “He had declared a mistrial in March when a jury deadlocked on 75 counts against the doctor [4]
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h) – 5/19/1997 – “A jury deadlocked in Dr. Burzynski’s trial in March” [5]
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i) – 5/21/1997 – “In February, a trial against Dr. Burzynski ended in a mistrial, with the jury deadlocked, 6 to 6 [6]
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l) – 5/28/1997 – “At Dr. Burzynski’s first trial earlier this year, the jury deadlocked 6 to 6 … “ [7]
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m) – 5/28/1997 – I just don’t think that the state proved their case,” said one juror, Stephenie Shapiro, who is a lawyer”

”There was enough ambiguity in the document that they weren’t willing to have a criminal finding against someone

“And it was very unanimous from the beginning. It’s not like anybody had to be talked into it.‘” [7]
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n) – 8/1/1997 – The jury acquits unanimously, noting that Burzynski got his staff and patients to sign waivers saying they would not send the drugs outside Texas” [8]
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The lesson: Do NOT believe everything you read that’s NOT backed up by citations references or links
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REFERENCES:
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[1] – 9/13/2013 A Critical Analysis of Wikipedia’s “Failure to Communicate”:
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https://stanislawrajmundburzynski.wordpress.com/2013/09/13/a-critical-analysis-of-wikipedias-failure-to-communicate/
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[2] – NCAHF News, March/April 1997, Volume 20, Issue #2
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http://www.ncahf.org/nl/1997/3-4.html
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[3] – 3/3/1997 – Associated Press (A.P.) News: HOUSTON (AP)
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http://www.apnewsarchive.com/1997/Jury-deadlocks-retrial-planned-for-Dr-Stanislaw-Burzynski/id-58e7ec089bfad6697d138d7bfe26c011
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[4] – 5/19/1997 – Associated Press (AP): Monday, May 19, 1997, Cancer doctor goes on trial again in federal court, By JOAN THOMPSON / Associated Press Writer, HOUSTON (AP)
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http://www.texnews.com/texas97/doc051997.html
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[5] – 5/19/1997 – New York Times:
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http://www.nytimes.com/1997/05/19/us/all-charges-but-one-dropped-against-doctor.html
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[6] – 5/21/1997 – New York Times: Unorthodox Doctor Goes on Trial Again on Contempt Charge, May.21, 1997
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http://www.nytimes.com/1997/05/21/us/unorthodox-doctor-goes-on-trial-again-on-contempt-charge.html
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[7] – 5/28/1997 – New York Times:
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http://www.nytimes.com/1997/05/28/us/doctor-cleared-in-trial-on-unapproved-drugs.html
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[8] – 8/1/1997 – Reason: Rick Henderson from the August/September 1997 issue, Assets, Sound Diagnosis: Unconventional cancer physician Stanislaw Burzynski’s 14-year battle with the FDA is over
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http://reason.com/archives/1997/08/01/balance-sheet
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A Critical Analysis of Wikipedia’s “Failure to Communicate”

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[1] – 1st 7 comments by
“The Skeptics™”

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34 – # of “The Skeptics™”
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29 – # Questioning “The Skeptics™”
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192 comments – “The Skeptics™”
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44 – Lynne Batik
31 – Fenwicke Bootzin (Sizzling Bacon Scent) Sizzling Burnt Bacon Scent
13 – Robert (Bobby) Blaskiewicz (@rjblaskiewicz)
13 – Adam Jacobs (@DianthusMed)
12 – Jen Abe
10 – David H. Gorski (@gorskon @oracknows @ScienceBasedMed)
7 – Edward Jenner
6 – Guy Chapman (@SkepticGuy)
6 – Fred Hamlet
6 – Rene F. Najera
6 – Darren Woodward (Sebastian Armstrong @spikesandspokes on Twitter)
4 – Angela Campagna
4 – Val Perry Rendel
3 – Amy Hochberg Beaton
3 – Susan Scotvold Goodstein
3 – Karl Mamer
2 – Scott Hurst
2 – Laura Calise Neimeyer
2 – Tsu Dho Nimh
1 – Catherina Becker
1 – Vicky Forster
1 – Jan Gosau
1 – David James (@StortSkeptic)
1 – Terry D. Johnson
1 – Jen Keane
1 – Adam Levenstein
1 – Keir Liddle (@endless_psych)
1 – Matthew Miller
1 – Paul Morgan (@DrPaulMorgan)
1 – Richard Murray
1 – Scott Myers
1 – Andy Roseborrough
1 – Footy Stuff
1 – Tom Steinberg

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239 comments – Questioning “The Skeptics™”
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112 – Didymus Thomas *
71 – Robert Davis
15 – Jon Barratt
13 – Eric Merola
7 – Bruce Scherzer
4 – Ben Hymas
2 – Bill Doucette
2 – Teresa Kennett
2 – Krassi Kostova
2 – Jessica Ressel-Doeden
2 – Jennifer Woods
1 – Angela Campagna
1 – Jessica Guillory Garza
1 – Melissa Gilbert
1 – Russell David Humphress
1 – Karl Jobst
1 – Anya Matkowski
1 – Susanne McAllister
1 – Terri Miller
1 – Mark Mord
1 – Shannon E. Peters
1 – Chris Rodriguez
1 – Pat Rozek
1 – Cindy Samora
1 – Ric Schiff
1 – Gary Susie
1 – Kevin Thurston
1 – Laura Vincent
1 – Susan Wassenhove
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* Requesting “The Skeptics™” reply when they did NOT, pointing out where they did NOT provide any citation(s), reference(s), and / or link(s) to support their claims
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38 comments with links – “The Skeptics™”
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19 – Lynne Batik
5 – Fenwicke Bootzin (Sizzling Bacon Scent) Sizzling Burnt Bacon Scent
5 – Adam Jacobs (@DianthusMed)
3 – David H. Gorski (@gorskon @oracknows @ScienceBasedMed)
2 – Fred Hamlet
2 – Rene F. Najera
1 – Robert (Bobby) Blaskiewicz (@rjblaskiewicz)
1 – Andy Roseborrough

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131 comments with links – Questioning “The Skeptics™”
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104 – Didymus Thomas *
18 – Robert Davis
8 – Eric Merola
1 – Paul Battista
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* One of “The Skeptics™” made the mistake of commenting that Burzynski, had NOT published any publications
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“The Skeptics™” LIES
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[2] – 3/5/2013 – Adam Jacobs

” … did you know that he’s recently removed all mention of antineoplastons from his website … “
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[3] – 3/5/2013 – William M. London

” … Burzynski’s anti-cancer fantasies … “
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[4] – 3/5/2013 – Paul Morgan

“As for his “gene-targeted” therapy, firstly Burzynski is simply using a cocktail of chemotherapy drugs in a random and haphazard manner with no thoughts as to the potential interactions and unpredictable toxicity of his mix of chemotherapy drugs”

“As for being “gene-targeted”, his approach could be described as “gene-targeted” in the same way as the military regard carpet bombing …”
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“The Skeptics™” who got it WRONG
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3/5/2013 – Rene F. Najera

“I predict this poll and subsequent comments will be taken down by the end of the day”
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This “Skeptics™” must have had
CPT12
confused with “The Skeptics™” like Robert (Bobby) Blaskiewicz (@rjblaskiewicz), David H. Gorski (@gorskon @oracknows @ScienceBasedMed), Adam Jacobs (@DianthusMed), and Keir Liddle (@endless_psych), who block people on their blogs
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“The Skeptics™” who did NOT provide any citation(s), reference(s), and / or link(s) to support their claims
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3/6/2013 – Lynne Batik

“Dr. B is a scam artist who has found a few people he can claim to have cured, and uses those to sucker in far more people who he will bankrupt without curing”
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3/4/2013 – Amy Hochberg Beaton

“I think Burzynski has proved multiple times over that his $*&% doesn’t work and he is not running a legitimate trial”
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3/5/2013 – Catherina Becker

“To prey on desperate, dying people, encouraging them to fund raise, risk hundreds of thousands of dollars of debts, for life threatening humbug must be the vilest phenomenon in Medicine”

“To support such behaviour by running adverts for these vultures is equally vile”
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3/4/2013 – Robert Blaskiewicz

“ANP is toxic as anything!”

“most of Burzynski’s patients never qualify for his trials”

“They all end up taking tons of chemo used off label”
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3/5/2013 – Susan Scotvold Goodstein

“Airing a film that is nothing more than an advertisement / informercial for Burzynski’s 30 year medical scam is not presenting a fair and balanced program”
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3/5/2013 – David H. Gorski

“Antineoplastons, however, are neither nontoxic nor an effective treatment”

“In fact, they’re definitely toxic”

“People have developed a dangeros condition called hypernatremia (too high a sodium level) as a result of antineoplaston treatment”
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3/5/2013 – Adam Jacobs

“Burzynski absolutely does not research “non-toxic” treatments”

“Mostly, he uses conventional chemotherapy, but in a rather amateurish way, using unproven combinations of drugs”

“The treatment that has made him famous, antineoplastons, is highly toxic and has been known to kill people”
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3/5/2013 – David James

“You run the risk of genuinely endangering people’s lives by exposing them to unproven and ridiculously expensive treatment modalities”
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3/5/2013 – Adam Levenstein

“do I think that the fraud Burzynski should be promoted with an infomercial on a taxpayer-funded TV station … “
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3/5/2013 – William M. London

“Colorado Public Television functions as an infomercial broadcast service for false medical prophets (who profit from Colorado Public Television’s irresponsibility)”
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3/5/2013 – Paul Morgan

“Antineoplaston chemotherapy – despite the claims of Burzynski and his shills – are far from being non-toxic”

“They contain vast quantities of sodium, which results in patients having to ingest vast quantities of water to counteract the overpowering thirst generated by taking in so much sodium”

“Some patients have become grossly hypernatraemic (high serum sodium), others profoundly hypokalaemic (low serum potassium)”

“Others have developed renal failure”

“All these TOXIC SIDE EFFECTS are extremely hazardous and life-threatening”

“If you consider antineoplastons to be non-toxic, you are seriously deluded”

“If you think antineoplastons are not chemotherapy, you are also wrong”
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3/5/2013 – Tsu Dho Nimh

“You are being co-opted to slather a layer of respectability over Burzynski’s quackery”

“You seem to fit the definition of a media whore … will sell out for ratings”
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3/4/2013 – Val Perry Rendel

“Do I think magic voodoo bullshit should be used to profiteer from human suffering and desperation?”
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3/6/2013 – Andy Roseborrough

“Burzynski not only sells
bullcrap
for profit at the expense of people’s health, but he tries to silence legitimate criticism via his lawyers”

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3/4/2013 – Darren Woodward

” … the completely unproven, very expensive treatments sold to vulnerable people … “

” … rather than informing your audience it looks like you are trying to misinform them”

“by what measure are antineoplastines non-toxic, certainly medically they are toxic”
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REFERENCES:
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[1] – Critiquing Wikipedia: Burzynski Clinic, Colorado Public Television (CPT12), and Public Broadcasting System (PBS):
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https://stanislawrajmundburzynski.wordpress.com/2013/09/12/critiquing-wikipedia-burzynski-clinic-colorado-public-television-cpt12-and-public-broadcasting-system-pbs/
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[2] – Burzynski updates Scientific Publications page:
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https://stanislawrajmundburzynski.wordpress.com/2013/03/12/burzynski-updates-scientific-publications-page/
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[3] – Critiquing: American Cancer Society – Antineoplaston Therapy:
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https://stanislawrajmundburzynski.wordpress.com/2013/09/09/critiquing-american-cancer-society-antineoplaston-therapy/
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[4] – University of Michigan, where is alum Dr. David H. “Orac” Gorski’s Grapefruits ?:
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https://stanislawrajmundburzynski.wordpress.com/2013/09/04/university-of-michigan-where-is-alum-dr-david-h-orac-gorskis-grapefruits/
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“The Skeptics™” Colorado Public Television (CPT12) – PBS Facebook comment links:
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https://stanislawrajmundburzynski.wordpress.com/2013/09/14/the-skeptics-colorado-public-television-cpt12-pbs-facebook-comment-links/
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Questioning “The Skeptics™” Colorado Public Television (CPT12) PBS Facebook comments with links:
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https://stanislawrajmundburzynski.wordpress.com/2013/09/14/questioning-the-skeptics-colorado-public-television-cpt12-pbs-facebook-comments-with-links/
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Critiquing: How Stanislaw Burzynski became Burzynski the Brave Maverick Doctor, part 1

“Orac” / Dr. David H. Gorski decided that since he can NOT seem to grasp how to do REAL “research,” that he would read something from years ago, and blog about it, whilst his Twitter twit compadres have whined like little bitches when anyone tweets anything remotely pro-Burzynski, re anything from the 1990’s or before

So Gorski digs to see if he can find any dirt worthy of making into one of his specialty Detroit, Michigan Mud Pies

How Stanislaw Burzynski became Burzynski the Brave Maverick Doctor, part 1
http://scienceblogs.com/insolence/2013/07/22/how-stanislaw-burzynski-became-burzynski-the-brave-maverick-doctor-part-1/
Gorski quotes Burzynski:

“The idea of fighting people in authority became natural to me”

“I learned that you must never let them defeat you in your own core”

Gorski blurts:

“In some ways, these can be most admirable traits”

“Virtually all highly successful people who make a difference in the world possess some measure of this sort of determination and willingness to fight for what one believes”

“If only Burzynski had found a good cause to which he could yoke such them

(“Yoke such them”? Is that a Polish saying?)

“Unfortunately, he found antineoplastons”

Unfortunately for the world, Gorski has nothing better to do

Maybe he should get to work in the Detroit salt mines, trying to get Detroit out of bankruptcy!

Gorski splats:

“… I’ll discuss some of Burzynski’s legal battles, up to and including his epic battle in the 1990s that led to his indictment in late 1995 … and his ultimate acquittal based on a hung jury in early 1997, …”

Gorski obviously is desperate as I have already commented extensively on his blogsplat before he BLOCKED me; like the truculent child he is, regarding the 1997 case

3/3/1997 – Associated Press (A.P.) News:
http://www.apnewsarchive.com/1997/Jury-deadlocks-retrial-planned-for-Dr-Stanislaw-Burzynski/id-58e7ec089bfad6697d138d7bfe26c011
5/19/1997 – Associated Press (AP)
http://www.texnews.com/texas97/doc051997.html
5/19/1997 – New York Times:
http://www.nytimes.com/1997/05/19/us/all-charges-but-one-dropped-against-doctor.html
5/21/1997 – New York Times:
http://www.nytimes.com/1997/05/21/us/unorthodox-doctor-goes-on-trial-again-on-contempt-charge.html
5/28/1997 – New York Times:
http://www.nytimes.com/1997/05/28/us/doctor-cleared-in-trial-on-unapproved-drugs.html
8/1/1997 – Reason
http://reason.com/archives/1997/08/01/balance-sheet
Gorski utters:

The question becomes:

“Does Burzynski still believe himself to be the man who has cured several forms of cancer, or does he now know that ANPs almost certainly don’t work and are definitely not some sort of “miracle cure”?”

Well, it’s NOT likely Gorski is going to figure that out any time soon, seeing as how he is stuck in the 90’s

One of his “Oracolytes” spurts:

#12 – AdamG – 7/22/2013

“Out of morbid curiosity I just checked out DJT’s current cesspool of residence…it’s still going full steam ahead with the crazy

“Poor DJT seems to have definitely lost a few more screws since it posted here”

This person apparently has nothing anywhere close to the intelligence of the original Adam, as “it” is unable to formulate a coherent sentence regarding any subject on my blog

This is the class of individuals that “Orac” likes to associate himself with

The lowest common denominator

The Adam G’s, “I have Absolutely NOTHING (say it again) worthwhile to say,” of the world