Judge Paul Lyman
Dear Judge Lyman
We have another pre-trial hearing coming up with you on Thursday, April 3’rd. I doubt there would be time then to fully address these issues – so I am presenting them to you now, so that you might have time to receive and absorb the information. I am also filing a duplicate packet of this information with the court clerk in Manti.
I very much appreciate you having taken the time to read my paper (dated February 27, 2008) giving our perspective – “When Philosophies Collide” – prior to our last pre-trial hearing on March the 6th.
You should know that there has been an additional section added to the final page of that paper, which references the severe Carbon Monoxide problem that has been discovered in the home that we purchased upon our move to Manti.
This serious, life-threatening carbon monoxide problem which has been proven to exist in our home this past winter (our first winter here) was a result of a blatant code violation in the installation of the furnace and water heater exhaust flues in relation to the fresh air adder back into the house – and accentuated by another blatant code violation in the extremely short height at which the flues were also placed – allowing a compounding of the problem with snow on the roof – and we’ve just had the biggest snow year in 25 years (our first winter in Manti). These blatant code violations by the contractor, were then passed off as “safe” by the county building inspector – who – it is reported by the previous owners, “ate a doughnut, told a few jokes, signed the papers and left, without even looking around”.
The additional section added to the final page of the paper (which I have enclosed) makes reference to a web-site: http://www.danielinthelionsden.us where one can go to see overwhelming evidence – including video of the exhaust being drawn back into the house via the fresh air adder – and other information.
This problem was discovered by our friend of many years, Tom Rodgers – who gathered together several experts to witness and third-party certify what he had found – including Senator Parley Hellewell (owner operator of a heating and air conditioning company for many years and state certified in CO monitoring.)
Many experts who have witnessed the severity of the problem, especially considering this winter’s very heavy snow amounts – with the dynamics of snow blockage of the combustion air return section of the furnace flue, exponentially increasing CO levels in the exhaust being returned back into the house – have stated that it is a miracle that we were not all killed.
I believe that the priesthood blessing that Daniel received at the conclusion of our special family fast and prayer for him, two weeks before our initial summons (see paper, When Philosophies Collide) – which healed him and resolved his problem of not keeping his mother’s milk down – protected him from and rid his body of the carbon monoxide – for from then on, he was able to keep his mother’s milk down, and began making good progress.
I believe that our entire family was protected by the latter portion of the promise of the Word of Wisdom – “And I, the Lord, give unto them a promise, that the destroying angel shall pass by them, as the children of Israel, and not slay them. Amen.” We have a very strong belief in the great and wonderful promise of the Word of Wisdom, because we have been striving as a family for many years, to live every aspect of that great health law from the Lord to the best of our ability. See the enclosed pictures that depict us as a very healthy, vibrant family over the years – prior to purchasing this home – and see the enclosed example of one of Mary’s wholesome recipes that many people have asked her for over the years.
Based on my extensive past experience with and my knowledge of the approaches used by traditional medicine, I had a strong feeling that that approach would be counter-productive to Daniel and not be in his best interests. I felt that the healing power of the priesthood and the approach his father, a chiropractic physician would take would be superior. My instincts on that proved to be right (see paper, When Philosophies Collide).
…and now we find that not only did we receive $40,000 worth of care at Primary Children’s that was very hard on Daniel and counter productive to his progress (see paper, When Philosophies Collide) – the real cause of Daniel’s trouble – carbon monoxide poisoning was overlooked altogether and Daniel was sent back home to it. It was not Primary Children’s who found the true cause of Daniel’s problem; it was our friend, Tom Rodgers.
…and the treatment for carbon monoxide poisoning is to get rid of the carbon monoxide; breathe fresh air; and drink lots of mother’s milk – not the $40,000 worth of counter productive things and chasing after a host of rare diseases that we were compelled to endure at Primary Children’s.
It was also not DCFS that found our carbon monoxide problem for us and prevented our family’s further exposure; it was our friend Tom Rodgers.
We had mediation on March the 14th, and today (March 26th) we received a copy of the latest Amended Verified Petition.
We take issue with the whole premise of that petition which is: that DCFS and Primary Children’s know better than we the parents what was, is and will be best for Daniel; that we failed to make choices that were in Daniel’s best interest and therefore DCFS needs to step in; DCFS would like to have a court ordered protective services plan, and in order to justify that, we must be found guilty of physical neglect.
DCFS asserts that because we refused their initial request to see Daniel, that justifies dependency. We had Daniel’s best interests in mind with that initial refusal. That initial request to see Daniel could have easily led to Daniel being taken away; torn from his mother’s breast; and subjected to who knows what?…it could have killed him. As soon as we had taken steps to prevent Daniel’s removal – DCFS was and has since been given full access to see Daniel and verify his progress.
Dr Armstrong has been taking a very reasonable approach with us, which we really appreciate. He has listened to us when we have had concerns, and has been respectful of our beliefs of what courses of action would be best for Daniel. Some of those approaches vary from what Primary Children’s and DCFS think should occur.
DCFS seems to have taken the position that Daniel needed to be at Primary Children’s – that what they did there saved him – and the fact that he is doing very well now is because of what they did there and have had us doing since.
Mary and I, on the other hand know from first-hand experience (we were there by Daniel’s side the whole time – watching over and protecting him – we did not leave him for a moment – at least one of us was always there)…we know that Daniel would have been far better of without the kind of intervention he received – in fact, without Divine Intervention and very strong and convincing words spoken to Dr Harlan, Daniel very most probably would have continued to be subjected to harm in the hospital for weeks longer (see paper, When Philosophies Collide). He is doing well despite those things. He is doing well because of the special family fast and prayer; the healing power of the priesthood; the very healthful and careful diet that we have been following for many years and the nutritive power of Mary’s milk (which he has been getting more and more of – as Dr Armstrong has been allowing us to wean him off the formula and other man-made substances upon which he was placed) – and because of our dear friend Tom Rodgers, whom we have to thank – that we have now been living in a carbon-monoxide free environment in our home.
Dr Armstrong has been open to us using our best judgment for what is best for Daniel, which we very much appreciate. He has had an attitude of “let’s just monitor his progress closely and make sure he is doing well”. Dr Armstrong has been very pleased with the very strong rate of progression that Daniel has been making, while recognizing that Daniel still has a lot of catching up to do relative to his age, size and development. He is happy to stay involved in the monitoring process. (See enclosed, Dr Armstrong’s progress report dated 3-24-08). Dr Armstrong is an intelligent, experienced and very respected Doctor in my ward and community…and we have an excellent working relationship with him. I feel that it would be good for us to continue that relationship with respect to Daniel – having Dr Armstrong continue to monitor his progress – even if this case were to be dismissed – because of the value of the assurance that his involvement brings to the good people in our community who have been concerned.
We are cooperating with Dr Armstrong in every way – but at the same time, when we have suggestions he seems to find that they make sense and he is open to them.
We explained to Dr Armstrong that Mary has been breastfeeding over a course of 15 years (10 solid years of breastfeeding within that time frame) – and she has always been able to produce as much milk as was needed – even for large, hungry 18-24-month olds – and the health and vitality of our other 4 children has been strongly evident (see enclosed pictures). We explained that we strongly believed that her milk was superior to the man-made substances that were being supplemented and believed that it would be best for Daniel if he were to get more and more of Mary’s milk – and be weaned off those other substances. Dr Armstrong said he was all right with that, and Daniel has been getting more and more of Mary’s milk; less and less of the other things; and is now almost exclusively back onto just Mary’s milk.
The DCFS will probably have a problem with the fact that we have discontinued the vitamin supplementation. I would like to point out that I happen to know a lot more about vitamins, vitamin supplementation, and their physiological interactions in the body than they do – and than many medical doctors do. I have had extensive education and training in nutrition and vitamin therapy. If you were to ask the good people at DCFS – and even many medical doctors to tell you which of the vitamins were fat-soluble, and which of the vitamins were water-soluble, they probably could not tell you – let alone tell you the significance of that. Unlike the water-soluble vitamins that your body can get rid of if given too much – thereby avoiding the danger of overdosing – the fat- soluble vitamins cannot be gotten rid of – and very serious, harmful and even dangerous effects of overdosing can occur. Well, I noticed in the last vitamin panel that was done, that Daniel was nearing the levels, where overdosing could occur. So to protect Daniel from those harmful effects, I halted Daniel’s supplementation of those fat-soluble vitamins. I know that Mary’s diet is excellent, and that she has plenty of those fat-soluble vitamins – along with all the others in her milk – which is the safest way to give our precious Daniel the nutrients that he needs.
The DCFS will probably have a problem with the fact that we did not make an appointment to see an Endocrinologist specialist. It was suggested that we do so, because Daniel’s parathyroid hormone levels were too high. If you were to ask the good people at DCFS what the function of the parathyroid hormone in the body is, they probably could not tell you. I learned what it does in Chiropractic College. I explained to Dr Armstrong that the parathyroid hormone is used in the regulating of calcium levels in the blood – the pulling of calcium from the bone, the excreting of calcium through the urine, and the uptake of calcium in the intestines.
(Here is a excerpt from the website: http://www.endocrine.niddk.nih.gov/pubs/hyper/hyper.htm “Though their names are similar, the thyroid and parathyroid glands are entirely different glands, each producing distinct hormones with specific functions. The parathyroid glands secrete PTH, a substance that helps maintain the correct balance of calcium and phosphorus in the body. PTH regulates the level of calcium in the blood, release of calcium from bone, absorption of calcium in the intestine, and excretion of calcium in the urine.) At the time that that parathyroid hormone lab test was taken in Primary Children’s – which test showed higher than normal levels – that was the time that Daniel’s body was having to do a lot of blood calcium regulation – because of all the IVs and all the fluctuations they were causing (see paper, When Philosophies Collide). I told Dr Armstrong that I felt that it was natural that those levels would have been high at that time, because of all the blood calcium level regulating Daniel was being forced to do, and I was confident that they would have normalized by now. I told Dr Armstrong that I called the Sanpete Valley hospital lab, and they said that for $15 they could draw the blood; spin it; cold pack the serum; send it to Salt Lake; and for $67 they could have the parathyroid hormone levels analyzed; and have the results back in a couple of days. I suggested to Dr Armstrong that if we would have that done, and if the parathyroid hormone levels were now normal, that would eliminate that concern. I asked Dr Armstrong if he thought that sounded like a prudent approach, and Dr Armstrong agreed. Mary took Daniel to the Sanpete Valley hospital for the blood draw. She reported that it was a real ordeal for Daniel, because they don’t draw blood from babies much there – and it took them 5 tries – two in the feet, one in the hand, a vein in the head, and then a heel poke – before they had extracted sufficient blood. So let’s hope this is the last time we have to put Daniel through that – just to assure people that he is all right.
The results came back and confirmed what logic told me would be the case – Daniel’s parathyroid hormone levels are now normal (see enclosed lab results). We don’t need to make a day trip to Salt Lake, miss another day of work, disrupt Daniel and Mary’s eating, feeding and sleeping schedules, and incur another bill to Primary Children’s specialist for who knows how many hundreds of dollars that we don’t have – especially after incurring the $40,000 for the inappropriate care that we already received.
The DCFS will probably have a problem that we did not employ the services of a physical therapist to show us exercises for Daniel. Shortly after returning from the hospital – when Daniel was sufficiently strong enough – and knowing that unlike our previous 4 children, Daniel had a lot of catch-up to do from a neuromusculoskeletal standpoint – I placed Mary and Daniel on a realistic and effective exercise program to strengthen Daniel’s neck, limb and postural muscles. The exercises are done for a few minutes, whenever Mary gets the opportunity – several times per day for a total of 15-30 minutes per day. I have had extensive training and experience in biomechanics and exercise physiology – in Chiropractic College and in my practice. Additionally I have personally been exercising vigorously since the age of 12 – at which time I ordered the Charles Atlas Exercise Program (ad from the old comic books – “The Insult That Made a Man out of Mac”, if you recall ever seeing that). It was a very excellent exercise program that quickly built me up to a point where I was very strong and vigorous. I used it throughout my teenage years. During the 8 or so years that I was working my way through college, I was working out in gyms with free-weights. After that I purchased an excellent machine that used hydraulic resistance – had it modified and reinforced by a welder so that I could duplicate what I used to do with free weights in the gym…then several years ago after wearing the machine out again to the point where I was going to have to take it apart and take it back to a machinist/welder – I designed an exercise program to do in the mean-time that required no equipment. I found that workout to be superior to any others I had done – including free weights – and have been doing it ever since. Mary does it also with one of the exercises modified (Day 1, exercise 1) to make it possible for a woman. I have had many friends and relatives asking about it over the years – and I have been giving it to anyone who wanted it. I have enclosed a copy, because it vividly illustrates my knowledge, skills and experience with respect to exercise. I do not think it is necessary to have some stranger, with quite possibly less knowledge and experience in the area than I possess, who certainly is not nearly as intimately familiar with Daniel and his needs – along with what Mary can realistically accomplish in her busy day – come in and then charge us who knows how many hundreds of dollars that we do not have to pay – again, after incurring $40,000 in charges at Primary Children’s for the inappropriate care received. Daniel has been making excellent progress in every way – including increased neurological and muscle tone – and Dr Armstrong concurs with us that that is so. We all realize that Daniel still has a lot of catch-up to do – but he is catching up at an impressive rate. (See the enclosed progress report from Dr Armstrong – who is happy to continue to help in the monitoring of Daniel’s progress).
DCFS might have a problem if we don’t follow Primary Children’s suggestion to follow up after 6 months with the geneticist – who came into our room at the hospital when we were there – gave us a far-out theory that Daniel might have some extremely rare genetic disorder – one of the symptoms (in a long list of possible) of which included vomiting and failure to thrive – but then later turns into a syndrome of very serious health problems including mental handicap requiring them as adults to have to live in a special home. Daniel has about as much chance of having that extremely rare genetic disorder as he does of getting struck by lightening three times in a row. There was a saying in Chiropractic College: when in America, when you hear the sound of hoof beats – look for a horse, not a zebra. Here is a quote from Dr Rope’s (the geneticist) report. “The Division of Medical Genetics was asked to evaluate him (Daniel) for a possible recognizable syndrome to explain his presentation.” (See enclosed page of that report). Well Dr Rope found something all right – a far-out theory, and for his visit in our room with us to explain his wild theory – and then for writing a 5 page report – he charged us $588 and of course wants us to come back to see him again in 6 months so he can charge us another $588 pursuing that zebra.
We appreciate the sensible approach that Dr Armstrong has been taking with us: that Daniel is doing very well, let’s just watch him and see if he continues to make good progress – and not go hog-wild chasing after long-shot theories, or zebras.
Since it has been about a month since our first pre-trial hearing, it is a sincere hope of mine that you will take the opportunity to refresh yourself with the contents of the paper I wrote, “When Philosophies Collide.” People very knowledgeable in human biology, biochemistry and physiology agree that the assertions I make in that paper are accurate. See the enclosed excerpt from a book written by a Medical Doctor who got his degree in Internal Medicine, then went on to specialize as a Nephrologist (Kidney Specialist) for 30 years – that backs up what I was telling Dr Harlan about PH and blood Calcium. To verify the accuracy of what I was telling the Doctors in Primary Children’s regarding Platelets; Albumin; and the Potassium pump mechanism – a simple internet search will verify those things.
I believe that David Tibbs recused himself from the case because of that paper. In our meeting before our first pre-trial hearing, he stated that he found it extremely fascinating and really appreciated having the perspective. Later that day, after he had recused himself – in an hour-long discussion with our friend Tom Rodgers regarding the carbon monoxide situation, he told Tom that my paper had really impacted him and that he found it made perfect sense.
Our friend Tom Rodgers, who has been active for many years bringing about positive change through the Utah State legislature, has a close working relationship with many legislators and various related entities including the Attorney General’s office. The implications of our case are becoming larger and more widespread.
The contractor, based in Springville, that set up our modular home for the previous owners – has been responsible for selling and setting up a very great percentage of the modular/manufactured homes in this entire valley for many years. It is being discovered that there are hundreds of homes in this valley alone that have similar serious code violations with respect to the furnace and water heater flues – and improper placement of the fresh air adder in relation thereto.
This winter, with its unusually heavy snow levels and severe cold has accentuated the effects of those code violations. In my ward alone, there are a handful of people with similar code violations – some of whom have had unusual unexplained sickness this winter.
There are reports of many people in the Hispanic community near the processing plant in Moroni that live in manufactured housing with these code violations, and there has been word of increased sickness this winter.
Word is getting out, and people are getting upset. It appears that these dangerous code violations have been having an impact on a great many people over the years – accentuated by this winter’s heavy snows.
The Attorney Generals office has been getting more and more involved – and they are telling Tom this is becoming a huge case – and it is going to go Federal – because those manufactured homes were brought across the state line, passed off as being safe by the Dealer/Contractor…and passed off as being safe by the county inspectors – with blatant, dangerous code violations.
At minimum, all these homes are going to have to be made temporarily safe – as ours was – by having the fresh air adders sealed – then permanently made safe – by bringing the placement of the fresh air adders and the height of the furnace and water heater flues up to code…not to mention compensating people for health related expenses, etc.
After the State and National Attorney Generals offices do what they need to do, a large class-action suit will probably follow – involving the Dealer/Contractor and his insurer/bond provider. The case would be taken on a contingency basis based on merit. Frank Mylar, who has been friends with our friend Tom Rodgers for many years, has expressed a serious interest. Tom is also considering involving Rocky Anderson – whose current specialty is environmental issues.
I have included three letters of reference that address my character and judgment – and one makes mention of my clinical skills.
I hope that you find this information helpful in making a sound determination of what to do with our case with respect to our wishes versus DCFS’ wishes.
If this information enables you to come to a decision to dismiss the case – that would be our preference.
Having to go to trial would be yet another distraction to our family; sapping yet more time, energy and resources – on top of the ordeal we have already endured. That would not be in the best interests of the family; nor of Daniel – it robs Daniel of time and energy we could otherwise be spending on him.
It is my hope that you will have the feeling that Daniel is very precious to us; that no one has, and no one will better protect him and care for him than us; that we are intelligent and competent parents – and as Daniel’s loving and dedicated parents, know better what is best for Daniel than does DCFS and Primary Children’s Medical Center.
David B Conrad
PS I will file a duplicate packet with the court clerk in Manti.
(DearJudge.doc - original in MSWord)
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