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A DOCTOR’S REPUDIATION OF THE
7-10-08
Re: The Proposed
DCFS Service AgreementPROPOSED DCFS SERVICE AGREEMENT This report is written by Dr David B Conrad, chiropractic physician – father of Baby Daniel – and is a repudiation of the proposed DCFS Service Agreement that was delivered to us on 7-8-08. It was delivered to us by the newly assigned DCFS caseworker, Mike Godfrey (new Program Manager for the Manti area), and had been drawn up previously by the former caseworker, Annette Monson (case had been reassigned). (You may see the proposed DCFS Service Agreement near the bottom of the website www.danielinthelionsden.us and in the court file.) Prior to the May 8th Service Plan Meeting, we made the statement for all to see (view the 5-2-08 letter to Senator Darin Peterson and Representative Bradley Winn entitled “State of Utah Harms Baby, Blames Parents” on the website www.danielinthelionsden.us and in the court file): “In regards to the scheduled meeting regarding a Service Plan on Thursday, May 8th, we will not be comfortable with a service plan that is not based upon truth. Here is one that is based on truth, and with which we would be comfortable...” The proposed Service Agreement composed by Annette Monson has nothing to do with truth – or with what is in Baby Daniel’s best interests. It is rather, an attempt to overlook the errors of the State and their traditional medical partners on this case – and to shift the guilt of incompetency away from them – and towards the parents; while attempting to perpetuate further unnecessary profits-oriented medical and legal machinations – which I will demonstrate. In response to references regarding nutrition and vitamin supplementation, here is an excerpt from my 3-28-08 “Letter to the Judge” (view on the website www.danielinthelionsden.us or in the court file): “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.” In response to references regarding the Endocrinologist Specialist, here is an excerpt from my 3-28-08 letter to the Judge (view on the website www.danielinthelionsden.us or in the court file): “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 an 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 at 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.” In response to references regarding Physical Therapy, here is an excerpt from my 3-28-08 “Letter to the Judge” (view on the website www.danielinthelionsden.us or in the court file): “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 [view on the website or in the court file], 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).” (See the video documentation of Daniel’s phenomenal progression on the website. Daniel has been a very happy, healthy baby for months now…on the simple treatment of breathing clean air (carbon monoxide free), lots of Mom’s good milk and genuine love.) In response to references regarding the Genetics Specialist, here is an excerpt from my 3-28-08 “Letter to the Judge” (view on the website www.danielinthelionsden.us or in the court file): “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 [Kabuki Syndrome] – 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.” See also this 5-13-08 commentary by Thomas Rodgers, which was a follow-up to the 5-9-08 “Carbon Monoxide Cover-Up Report” (view on the website www.danielinthelionsden.us or in the court file): "This proposed exotic genetic disorder of Kabuki Syndrome in baby Daniel, was suggested by the $588-per-visit (See David’s Letter to the Judge, dated 3-28-08) "but can't be proven" so-called Geneticist at PCMC. – That is suggesting that this baby in a family of otherwise healthy individuals somehow ended up with one of the world’s rarest [approx 150 purported cases in the entire 6 Billion population of World] and most amorphously defined so-called genetic disorders, instead of the well understood plethora of "genetic damage" mimicking symptoms always presented in the chronically Carbon Monoxide poisoned developing infants. This phantom diagnosis, among their others of endocrine or nutritional disorders, represents sad incompetence, or their deviant grasping at an endlessly expensive ridiculous enigma of a "disease" over the far less profitable easily visible and tangible causation facts and very simple identification and treatment for Carbon Monoxide poisoning. But protecting himself and his fellows, Dr Armstrong continued his move deeper into collusion with PCMC and perpetuates their very profitable service obligating medical and legal machinations and the State's obfuscation of incompetence and culpability charade – with Dr Armstrong’s statement, “I feel that Daniel probably has genetic reasons for his severe failure to grow and develop… Kabuki Syndrome has been suggested but can’t be proven.” Here is an excerpt from my 3-28-08 “Letter to the Judge” (view on the website www.danielinthelionsden.us or in the court file) that strengthens the validity of my clinical skills: “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 at 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.” The Proposed Service Agreement by Ms. Monson does not address the Material Facts of this case for which overwhelming evidence, which affirms those facts has been submitted (see www.danielinthelionsden.us and the court file), and which are as follows: MATERIAL FACTS
Here is a service agreement that is based on truth and with which we would be comfortable: SERVICES AGREEMENT 5-3-08 This is a services agreement between DCFS and David and Mary Conrad, parents of Daniel Conrad; in the interests of Daniel Conrad: DOB 8-31-07. The parents of Daniel did not cause harm to him, but rather the State of Utah did: by not properly training – and then licensing and certifying the inspector that passed their home off as being safe; when in fact it had egregious design errors that exposed the family to great danger; which caused harm to (could easily have killed) Baby Daniel by the effects of carbon monoxide poisoning. In order to be of true help and service to the family in meeting their needs, which is the stated goal and mission of DCFS; DCFS shall see to it that the State of Utah shall compensate the Conrad family for the damages and expenditures that the State of Utah did cause through their error. To prevent further unnecessary burdens upon the Conrad family and the upon the taxpayers and the court system – DCFS shall have its counsel prepare a motion to dismiss the case; based upon the absence of risk to Daniel at this time with the true cause of his health problem having been mitigated (State of Utah error induced carbon monoxide poisoning). SIGNATURES & DATE SIGNED Finally, it seems we may now even have a good witness from the opposing side…someone new…who has just recently become involved; who thus far has had the intelligence, honesty and courage to recognize and speak the truth about certain obvious things: the new Program Manager of Manti and our new caseworker, Mike Godfrey. He has now visited our home twice in the past two weeks (on June 24, 2008 and July 8, 2008). While here he was given the opportunity not only to observe Baby Daniel – but to heft him…and to bounce him on his knee. On both occasions he affirmed that Daniel appears to be a happy and healthy baby…albeit with the following qualifying statement, “I’m not a doctor, mind you…”. But with that statement (humble though it is), Mike sells himself short…you see he has acknowledged to us that he recognizes the fact that certifying as safe, a 3-foot span between the strongly-vacuum-drawn-air to be breathed by a baby and family from the exhaust pipe of the furnace is an extremely negligent and harmful thing…such thing as the other “Doctors” involved in this case have refused to acknowledge. That proves that when it comes to evaluating the well being of a child (at least in this particular case), that Mike Godfrey is more intelligent and or honest and courageous than are they. I asked Mike if he would be willing to stand up in court and declare that as far as he is concerned, “Daniel is a healthy, happy baby”…and he said “yes”…so you now have Mike Godfrey’s professional opinion regarding that fact. When I say professional, I of course do not mean that he is a doctor – but he has been a competent parent and grandparent for decades…and in his past 30 years employment has worked very closely with and observed thousands of children…and the doctor that is most intimately familiar with Baby Daniel’s state of well being (Baby Daniel’s father) concurs with Mike Godfrey’s observation – that he is a happy, healthy baby. We shall bring Daniel to the court on Tuesday (Tuesday, July 15th, 2:45pm, Manti Courthouse) as evidence (after all the case is about him) for all to see if what Mike Godfrey says rings true – that he is a happy, healthy baby. (A number of tax-paying citizens have indicated that they will be there to observe the proceedings – along with a member of the media.) We move the court, based on the overwhelming evidence that has been brought forward – which reasonably could not be gathered, produced and submitted prior to the time that it was filed with the court: that the original court order signed April 22, 2008 be reversed and the case be dismissed with prejudice. (See in court file said motion filed May 16th, 2008). This will put a stop to further legal proceedings in the Appellate Court – and further undue burdens to our court system, the tax-paying citizens and to our family. Sincerely David B Conrad, DC cc Court Case File To the website, www.danielinthelionsden.us To a great number of people in our community, the state, and beyond To a respected and well-known investigative journalist (name withheld) who is writing a book called “False Witness”; which will include the Christiansen/Thaxton case, our case and the case of a close friend (of that journalist) that has also experienced a great miscarriage of justice involving the bearing of false witness To another respected and best selling author (name withheld) interested in the case To a contact (name withheld) at the Los Angeles office of National Fox News, that broke the Christiansen/Thaxton case on air nationally when local media would not – which resulted in the wrongfully taken baby being returned (www.familyvsstate.org ) Clay & Diane Christiansen Dan & Carolee Thaxton Gayle Mckeachnie, Governor's office Nancy Neilson, Governor's office Mark Shurtleff, Attorney General Wade Farraway, Attorney General's Office Paul Murphy, Attorney General's Office Darin Peterson, Utah Senator Bradley Winn, Utah Representative Parley Hellewell, (former) Utah Senator Thomas Rodgers, Envoy Joshua Bennett, Witness to Envoy Dr David Penney, Wayne State University and Providence Hospital, Southfield MI – CO Expert Melissa Zito, Department of Health Bruce Allen, Department of Environmental Quality Wayne Holman, Supervisor, Division of Occupational and Professional Licensing Dan Jones, Bureau Manager, Division of Occupational and Professional Licensing Bradford Tibbetts, Director of State of Utah Insurance Department Silvia Thomas, Director of Hispanic/Latino Affairs Jorge Rivera, Spanish Translator to the Office of the First Presidency, LDS Church; Governor's Office; and the Attorney General’s Office Orrin Hatch, US Senator Robert Bennett, US Senator Chris Cannon, US congressman Rob Bishop, US congressman Jim Matheson, US congressman Mike Leavitt, National Secretary of Health and Human Services Richard Wheeler, Vice President, Snow College Garth Sorenson, Snow College Stake President Ralph Dewsnup, Dewsnup, King & Olsen Law Firm Colin King, Dewsnup, King & Olsen Law Firm David Olsen, Dewsnup, King & Olsen Law Firm Duane Betournay, Director of DCFS David Tibbs, Assistant Attorney General, Counsel for the DCFS (initially, now recused) Julie Lund, Assistant Attorney General, Counsel for the DCFS Carol Verdoia, Counsel for the DCFS (Appellate Court) John Peterson, Counsel for the DCFS (Appellate Court) Judge Paul Lyman, 6th District Juvenile Court Michael Jorgenson, Guardian Ad Litem Martha Pierce, Guardian Ad Litem (Appellate Court) Bruce Zylks, DCFS Lance Martin, DCFS Annette Monson, DCFS Mike Godfrey, DCFS Scott Hintze, Manti Stake President Walter Fife, 1st Counselor, Manti Stake Michael Barclay, 2nd Counselor, Manti Stake George Richardson, Manti 6th Ward Bishop Ralph Squire, 1st Counselor, Manti 6th Ward Brody Keisel, 2nd Counselor, Manti 6th Ward Glen Bair, Sanpete County Mechanic Elaine Jarvik, Deseret News John Hale, Sanpete Messenger/Deseret News Rebecca Palmer, Deseret News Terry Orme, Salt Lake Tribune Ted Mcdonough, City Weekly Ingrid Quiroz, La Prensa Times (Hispanic Newspaper) Glades Gonzales, Mundo Hispano (Hispanic Newspaper) Rene Torcatty, Telefutura/Univision (Hispanic TV) Dick Gephardt, Channel 2 News Rod Decker, Channel 2 News Cristina Flores, Channel 2 News Bruce Lindsay, KSL News Nadine Wimmer, KSL News John Daley, KSL News Bob Evans, Fox 13 News Hope Woodside, Fox 13 News Sandy Riesgraf, Fox 13 News (Repudiation Of DCFS Service Agreement.doc - original in MSWord.doc)
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