Negotiations in the Wisconsin DORL v. Kadile case have broken down, and the trial is about to resume with the continuation of the cross-examination of the State’s ONLY witness, the dubious Bobbie Baratz, a Massachusetts hair removal specialist.
And, that’ll be FUN…
Opinion by Consumer Advocate Tim Bolen
The case is a face-off between the giant North American Health Freedom Movement and the remnants of the once-successful, but now on-the-run, self-styled “quackbuster” organization.
Baratz, who operates the questionable National Council Against Health Fraud (NCAHF) out of his hair removal and ear piercing salon was SO BATTERED in the first cross-examination day, July 15th, 2003, the Judge ordered the attorneys to finish off in one more half-day, called off the rest of the scheduled three-day examination, and ordered the attorneys to negotiate. Baratz had been ordered by the court to face three days of questions about his “credibility” alone.
“Credibility” is not a word one would use in a description of Baratz – unless you’re making a joke.
The trial, which had started out as an attack on Green Bay MD Eleazar Kadile and his wife Genia, soon became an examination of the State’s ONLY witness Robert S. Baratz MD, DDS, PhD, and the State’s prosecutor Arthur Thexton.
The one-and-a-half day “credibility” examination of Baratz has both a video tape and a transcript available to those who have an interest. The transcripts can be downloaded from the internet by clicking here and then clicking on each transcript, one at a time. The transcripts are so large, and have such small print, that I recommend you print them out to read them.
The cross-examination of Baratz was so REVEALING, and so HUMILIATING to Baratz, that the prosecutor Arthur Thexton threatened cancellation of the negotiations SOLELY because attorney Frank Recker put the transcripts on his website.
Anyone who has an action in opposition to Baratz will want this transcript. Use it in good health. It’s an attorney’s DREAM document.
You’ll also want to get a copy of the video, or the DVD, of Baratz weeping during his testimony…
Although Frank Recker and I are friends…
Although Frank Recker and I are friends, we seriously disagreed about “negotiations” from the outset. I maintained that, considering the fact that DORL would allow a situation where a prosecutor like Arthur Thexton could operate in this manner, there was a clear sign that the DORL would“never negotiate in good faith.” Frank took the position that “Since they had no case to begin with, they’ll negotiate.”
We BOTH turned out to be right. They negotiated, but not in good faith.
DORL seems to want a BRIBE, to end the case against Kadile.
The Wisconsin DORL has significant financial problems, part of which are due to the extravagant “expert witness” payments to Bobbie Baratz. In fact, THREE quackbusters have been paid consultant fees in this case – Bobbie Baratz, Stephen Barrett, and John Renner (deceased). Two DORL employees have been laid off so far, and apparently more will soon get pink slips. DORL has spent $165,000 on this case so far, and we haven’t even done HALF of the cross-examination of the State’s witness. Then we bring in REAL witnesses, those with REAL resumes, REAL qualifications, and REAL knowledge of health care for the “defense” portion of the trial.
DORL has officially demanded $40,000 to end the case. Our response? Ah, nope…
It was Thomas Jefferson who first said “Millions for Defense, and not one cent for Tribute.” Jefferson was referring to America’s first Naval engagement with what were known as “The Barbary Pirates” (Tripoli), who were seizing, and holding for ransom, passengers on American sailing ships off the North Coast of Africa. Rather than pay ransom, Jefferson sent the fleet – and Tripoli surrendered.
When the trial resumes, Baratz will have the cross-examination over his “credibility” continued. There is at least another day-and-a-half of that to go. Then he’ll be cross-examined on his “medical testimony.” And, that’s where we’ll do him, and the prosecutor, in. of course, to the delight of the North American Health Freedom Movement, there will be, again, both a video and a transcript available.
Then, since Barrett (quackwatch.com) was paid a fee, it’s his turn…
But, a lot more will now happen…
The cross-examination of Baratz on his “credibility” and the substance of the negotiations, brought some new things to light that we suspected. It is now time to file a “Cross-Complaint” in this case. Wisconsin DORL is not accustomed to having this happen and will resist it – but that’s what District Court is for.
Then, of course, there are those upcoming legislative subpoenas, where prosecutors Thexton and Polewski can come in and tell the Wisconsin Assembly Health Committee all about their activities working with the quackbusters…
Their expenses are about to go up dramatically. We’re sending in the fleet…
Stay tuned…
Tim Bolen – Consumer Advocate