Saturday, July 07, 2007

Aspartame Update: Imprisoned for Crimes they did not Commit

News NOT In the News
Imprisoned for Crimes they did not Commit ...
In Britain - Sally Clark ...
In the USA - Diane Fleming ...

Aspartame poisoning kills - Clark and Fleming are innocent

From the current issue of Namaste Magazine Vol.9 Issue

Diane’s story is highly political
By Dr Betty Martini and The Namaste Team

The untimely death of Sally Clark, a solicitor (lawyer) of the UK, was announced in the UK press on Saturday 15th March. We followed the travesty of Sally’s trial and biased conviction, culminating in her eventual release after four years in prison, following appeal to the High Court which ruled she had been wrongfully and unjustly accused of murdering her two babies, even though there was no motive, no aggressive act and no cause of death. It has been speculated that 10 members of the jury, who convicted her, were swayed by the sheer prejudiced reports of a Professor Roy Meadow. It was reported in the press that Meadow’s gave flawed evidence on sudden infant death syndrome at Sally’s 1999 trial. Later in 2005, it was reported that the UK, General Medical Council had struck off paediatrician Professor Roy Meadow after his “misleading” evidence at Sally’s trial, then reinstated him on appeal.

Was the real cause vaccines, something the stablishment would want to cover-up?

Sadly, one is not able to help Sally. It’s too late. But we are attempting with this article to bring about a swell of public opinion to instigate proceedings for the immediate release of Diane Fleming, an American citizen similarly imprisoned for a crime she did not commit. The case of Diane Fleming has been completely obscured from the mainstream media in the USA and her attempts for an appeal obviously being blocked by the US Justice system.

Although Sally's case differs from Diane's (the focus and concern of this article), we realise that there are pertinent similarities, in that two innocent women were tried, accused, convicted and incarcerated for crimes they did not commit, the evidence did not support the prosecutions. Both cases were based on false and inaccurate scientific evidence that was designed and used to obscure the real cause. This had profound effects on Diane and Sally (she paid the ultimate price), both families have suffered an irreplaceable loss and gross miscarriages of justice. The real culprits, the system, and those who uphold it, are free to continue their work.

The information surrounding Diane’s case clearly indicates that shenanigans have taken place. The evidence in Diane’s favour has been at best, over-looked and at worst, deliberately orchestrated to misrepresent the facts to her detriment. Perhaps a politically motivated cover-up? In considering the facts of this case and the known clinical effects of aspartame with its chemical components, and its corrupt passage into the food chain, 26 years ago, makes Diane’s story highly political and as such a sensitive nature. Why? Because if the true cause of the death of her husband, Chuck Fleming, entered the public arena, it would have huge implications, not just for the manufacturer of aspartame, but also for the fraudulent methods used by high level officials who knowingly pushed a toxic product on the market for human consumption. Here we have a blatant crime whereby the system has power over the people.

In February, 2002, Case No. CR01F01484-01, Commonwealth of Virginia v. Diane Fleming, mother of three, a Sunday School teacher with no previous criminal history, was accused of murdering her husband Chuck Fleming. She was tried without evidence, there was no motive, no aggressive act, and she was convicted, given sentences of 30 years for murder and twenty years for adulteration, allegedly ‘spiking’ her husband’s Gatorade with methanol, a poisonous alcohol, from a bottle of unopened windshield washer fluid. Diane Fleming has been unjustly incarcerated for 4 years in the Troy, VA. (Fluvanna), Department of Corrections.

Background leading to Chuck Fleming’s Death

Chuck Fleming was a keen body builder who played basketball about four times a week and regularly consumed enough toxic products to kill an average person, on top of many years of being addicted to aspartame ... diet soft drinks a day containing the sweetener (aspartame). He was also addicted to the drink Gatorade [aspartame is addictive], stockpiling it in the garage and getting upset if the fridge wasn't stocked with it.

Diane's defence lawyer failed to call Chuck's doctor as a witness at the trial to testify to his general state of health. Although body builders may look healthy, that is not necessarily true. Especially one who regularly consumes toxins, including methanol. Chronic methanol poisoning is evident in the autopsy.


The hospital doctor advised Diane that Chuck had methanol poisoning [breakdown product of aspartame] and she should get the police involved. Diane called a friend, who was a policeman, and he helped her contact the police.The only evidence that the Police found was a sealed bottle of windshield washer fluid.

A Certificate of Alcohol/Drug Analysis dated June 13, 2000, from the Medical College of Virginia Hospital, of Virginia Commonwealth University, signed by a Carl H. Wolf, II, M.S., states that the bottle of Phosphagen Creatine (the bottle Diane took to the hospital upon the request by the hospital doctor), "Contents were not tested for methanol, due to the fact that the contents were in powder form and thus could not contain methanol". Another Certificate of Analysis was issued by the Division of Forensic Science, dated July 29, 2002, AFTER Diane’s conviction, on the same bottle of Phosphagen Creatine. The results: "methanol not detected"

The forensic toxicologist who gave the affidavit in December 2001 said, the method he used did not have the appropriate sensitivity necessary to identify trace concentrations of windshield washer fluid colorant in the Gatorade. He further stated he could not definitively determine whether any amount of windshield washer colorant was present in the Gatorade mixture and, therefore, did not issue a Certificate of Analysis. He then advised Investigator Elizabeth Baker of the Chesterfield County Police Department, via telephone, that he would NOT be issuing a report because no definitive conclusions could be reached from the tests.

Everyone was shocked by the jury’s conviction since there was no evidence. When the jury was asked why they convicted Diane, they stated it was because Diane appeared to show no emotion. Where is the evidence in showing no emotion?! The lack of emotion or blunted affect does qualify as factual forensic evidence. Giving the likelihood that Diane was probably suffering from post traumatic stress disorder and being treated for it with the drug Zoloft. Zoloft tends to blunt affect/emotional expression. Diane herself was also unwittingly using aspartame which would have interacted with Zoloft. It tends to make users act like zombies. What the jury had NOT been told was, Diane was also taking the narcotic drug Talwin for back pain. Here are the side affects:

“Talwin is a potent narcotic analgesic, with significant potential for adverse central nervous system effects. Zoloft is a so called selective serotonin re-uptake inhibitor, increasing the availability of the neurotransmitter serotonin. Aspartame has an impact on the synthesis of both indoleamines and catacholamines. We thus have 3 agents all with the potential to substantially alter brain chemistry. Although not specifically contraindicated, co-administration in my opinion substantially increases the risks of adverse effects as compared to the risks of any of the agents alone.”
Ralph G. Walton M.D., Safe Harbor Behavioral Health, USA.

Here we have the evidence, Diane was suffering from the effects of drugs. Yet, the jury was never provided with this crucial information. Diane Fleming still mourns the loss of her husband this is evident in her interview for the aspartame documentary, “Sweet Misery: A Poisoned World.”

Several physicians including Dr. H. J. Roberts, a world expert on aspartame, reviewed Chuck’s lifestyle, aspartame intake, and studied his autopsy report. Dr. Roberts stated, “On the basis of the prodigious amounts of aspartame products he [Chuck] consumed and the finding of a severe fatal metabolic acidosis, coupled with a high concentration of methanol in the blood and no other reasonable explanation, I concur with the cause of death as methanol poisoning - in this case due to considerable methanol consumption in the form of aspartame products. If the facts about this case that have been reviewed are correct, it is my firm opinion that Diane Fleming should be immediately freed from wrongful imprisonment to rejoin her family. Furthermore, the FDA should be so advised by the court, and recommend that aspartame products be labelled as an imminent health threat, and either so labelled or removed from the market.”


Some members of the local press were astonished that a person could be convicted when there was no evidence to back the conviction. Alan Cooper of the Richmond Times-Dispatch wrote to the family:

“The formal sentencing of Diane Fleming is now scheduled for 25 April 2002. If nothing else blocks the way of additional investigation or development, I expect her lawyer to again ask the judge to set aside the conviction BECAUSE THE EVIDENCE WAS INSUFFICIENT TO CONVICT HER…. I and most of those in the courtroom, were surprised that the jury convicted her.

It was a most unusual case, the first poisoning homicide trial I’ve covered in almost 30 years and hundreds of cases as a reporter. I thought the evidence showed that Mrs. Fleming probably was the one in the best position to poison her husband, but there was nothing about a motive or even where the methanol, the poisoning agent, might have come from.”

The detective on the case, Bob Skowron said, “Diane Fleming did not poison her husband. I’ve sent a lot of people to prison but no way could I sleep at night if I was responsible for an innocent woman being convicted. I would have stopped the indictment but right at that time I got promoted and taken off the case.” How convenient.

Most unfortunately regardless of the outcome of Diane, her husband cannot be replaced. The hardship and stress she and her family have endured to date, is immeasurable. Diane Fleming, a sacrificial lamb; who as been jailed to hide the heinous cover-up of a ‘toxin’ marketed as ‘aspartame’ which Chuck Fleming unwittingly consumed. They both have paid the ultimate price. Justice would demand that the people responsible in positions of power be held accountable. We appeal to our readers to press for the release of this innocent women.

Diane is becoming very ill, she has a lump on her leg. Medical neglect is the rule in prison. We have to get this innocent woman out.

There have been repeated attempts to intervene on Diane’s behalf by doctors who have expertise in the field of methanol toxicity. They have so far failed to secure her release. A Motion for Reconsideration before the Virginia State Supreme Court was rejected and Diane’s Petition for a Writ of Habeas Corpus was earlier turned down.

Correcon and latest UPDATE 26 April 2007: Diane's Attorney has just recently filed a Federal Habeas. This is part of a procedure to open the way for another trial for her.


For reasons that have yet to be fully understood, Dr. Fierro and the Virginia’s Supreme Court have not relented in the prosecution of Diane Fleming.

Further to substantiating Diane's innocence, she has passed three polygrams (lie detector tests). Given this fact, in addition to the over-whelming evidence in support of Diane’s innocense, it is questionable why the the Virginia State Medical Examiner (ME) Dr. Marcella Fierro would choose to ignore the evidence. She has the authority, should she choose, to recommend that Diane be released.

Although she made repeated promises to speak with Dr. H.J. Roberts (expert on aspartame disease) to discuss the possibility that Diane was wrongfully convicted of murdering her husband, she kept cancelling the appointments. She was sent a copy of the Journal of Applied Nutrition, containing the article ASPARTAME; METHANOL AND THE PUBLIC HEALTH, Volume 16, Number 1, 1984 peer reviewed paper, by Dr. Woodrow Monte.

Finally she did show up for a meeting with Diane’s attorney at the time, Craig Cooley, Dr. Pearson (forensic toxicologist), Dr. Pearson’s colleague from toxicology, William Davenport and Warren Von Schuch. This took place in March 2004. Again, she was given Dr. Monte’s paper. However, when the conference call appointment was arranged with Dr. H.J Roberts for which a phone conference was set up, she refused to speak to him. He had spent hours preparing irrefutable evidence of how Chuck Fleming died from aspartame poisoning.

Dr. Fierro claims she had carried out her own independent research and there was no legitimate scientific basis to conclude aspartame ingestion played any role in Chuck’s methanol poisoning. She advised that no “referred” (peer reviewed) scientific or medical journal had ever substantiated the position that Dr. H.J. Roberts and other citations had provided. Yet, she had in her possession a scientific peer reviewed paper on this very subject. The 1985 Congressional Record reported the protests of the National Soft Drink Assn, now called the American Beverage, it admitted aspartame had violated the Federal adulteration statutes. Aspartame liberates free methyl alcohol, making its approval illegal.

If Dr. Fierro was indeed able to dispute the overwelming evidence by methanol poisoning with aspartame in the death of Chuck Fleming, it would be reasonable to assume that she would have accepted a telephone meeting with Dr. H.J. Roberts. Therefore, we can only conclude that she was afraid of talking to a world expert on this matter. Why?

At the meeting, in 2004, Dr. Fierro commented that Chuck had ingested methanol on two previous occasions, but that his physicians had not picked it up because they weren’t looking for acute methanol poisoning. Yet, the autopsy clearly indicated chronic methanol poisoning leading to Chucks death. In his case, building up over time from repeated non-lethal levels of ingestion, such as those that science has proven to occur with aspartame consumption. The autopsy also showed pulmonary edema seen on other autopsies of aspartame victims, as well as a fatty liver, as would be expected. And because aspartame damages the cardiac conduction system, and his autopsy showed cardiomegaly or an enlarged heart of unknown origin, this probably was the immediate cause of death.

Dr. H.J. Roberts wrote to the Grievance Committee of the Virginia Medical Board: “I have seen the letter sent to you by Betty Martini, and concur with her concern about Diane Fleming whom I believe has been falsely incarcerated. My reasons were stated in two affidavits. As noted, I have been actively interested in methanol poisoning from aspartame products for more than two decades, and have written extensively on the subject.
This is a pro bono volunteered effort intended to help an apparently innocent person. I do not know Mrs. Fleming, but her plight deserves more interest and consideration from this medical examiner. I repeatedly made myself available to Dr. Fierro for an interview/consultation, but she refused to speak to me. Under the circumstances, I also must question her indifference or bias.”

Why did Orrin Hatch really say no to the Committee Meeting on aspartame?
Does Dr Fierro and Senator Orrin Hatch know each other? Could there be a connection between these two people and Donald Rumsfeld, the former CEO of Searle, the original manufacturer of aspartame, and Diane Fleming?

Why has Dr Fierro been so uncooperative in Diane's case?!

It has been reported that Dr Fierro was one of the pathologists called in to review the autopsy on Vince Foster, Deputy White House Counsel (see page 39) as a result the autopsy was revised!

Aspartame, also known as E951 is a genetically modified, multi-potential carcinogen linked to a variety of cancers; a teratogen linked to birth defects. It is made up of three components, aspartic acid (an excitotoxin), a methyl ester which immediately becomes methanol, then converts to formaldehyde and formic acid, and phenylalanine, (a neurotoxin as an isolate) The molecule breaks down to diketopiperazine, a brain tumour agent.

Aspartame breaks down at 86 degrees or moderate temperature. It is estimated that it is found in over 9,000 products all over the world, in food, beverages and medical preparations.

According to FDA records, adverse reactions to aspartame comprise about 80 percent of consumer complaints. The agency has published a list of 92 symptoms of aspartame poisoning which includes blindness, joint pain, chronic fatigue, weight gain, sexual dysfunction, mental illness and death. Its use is linked to chronic illnesses such as cancer, diabetes, lupus, multiple sclerosis, and Alzheimer's disease, illness that have become globally pandemics since aspartame was approved. During the 1980s when congressional hearings were being held on the dangers of aspartame, it is recorded Donald Rumsfeld "called in his markers" to achieve aspartame approval. Since then millions of cases of aspartame poisoning have been reported.

“Every molecule of aspartame produces a molecule of methanol.” Dr. Woodrow C. Monte, Ph.D., R.D. former Director of the Food Science and Nutrition Laboratory, Arizona State University Tempe, Arizona 85287 (Journal of Applied Nutrition, Volume 36, Number 1, 1984).

Note: Chronic methanol poisoning was documented in the autopsy.

Senator Hatch

Senator Hatch knows exactly how deadly aspartame is. A press release dated February 11, l986 titled: “Hatch Says No To Committee Hearings on Aspartame”.

The bill called for a moratorium on aspartame, but because of heavy lobbying by Monsanto (the corporation that acquired Searle in l985), it never got out of committee. Senator Orrin Hatch protected Monsanto as we see in a press release (February 11, 1986) from Labor and Human Resources titled, Hatch Says No to Committee Hearings on Aspartame. He said: “ It would serve no useful purpose to commit Committee resources to this issue at this time.”

Commonwealth Currents, Sept 1999

“At this event Governor Jim Gilmore recently announced the establishment of the Virginia Institute of Forensic Science and Medicine. The Institute, the only one of its kind in the United States, offers highly specialised training programs for forensic scientists, medical examiners and crime scene investigators. This New Institute of Forensic Science and Medicine leads the Nation in Training for Criminologists. Attendees Dr. Fierro and Senator Orrin Hatch...”

Aspartame’s Corrupt History

This is the FDA Audit which proves Searle How they faked the lab tests.
tried to deceive the FDA.
This document shows corporate jockeying to get a product on the market.
The Congressional Record on aspartame.
Congressional Record,
Dr. Richard Wurtman, Aspartame
Letter from Senator Howard Metzenbaum on United States Senate
Stationary (Committee on the Budget) dated February 3, 1986 to Orrin
Hatch who was the Chairman of the Labor and Human Resources Committee.
Letter from Senator Howard Metzenbaum of the Senate Committe on Labor and Human Resources to Senator Orrin Hatch, the Chairman of the Senate Committee on Labor and Human Resources

February 25, 1986
Dear Orrin:

“I am at a loss to comprehend the thrust of your recent letters on my request for hearings on the safety concerns raised in the scientific community regarding NutraSweet...” (aspartame)

Documented Evidence of Aspartame’s Toxicity
The FDA Board of Inquiry Report that revoked Searle’s petition for aspartame approval.
SC-18862, 52 week Oral toxicity Study in Infant Monkeys.
S. Hrg. 100-567 “Nutrasweet” - health and safety concerns Hearing Before The Committee On Labor And Human Resources United States Senate, Hundredth Congress First Session On Examining The Health And Safety Concerns Of Nutrasweet (Aspartame) November 3, 1987.
Aspartame, Methanol and the Public Health by Dr. Woodrow Monte.

Aspartame Banned

The Spanish Institute of External Commerce: “The Philippines forbids the import and use of aspartame. The ban affects all use of this product in any type of consumable and infringement will carry penalties.” More next issue.

Additional information
Sweet Misery: A Poisoned World: Consumer advocate attorney James Turner explains how Rumsfeld said he would call in his markers and get aspartame on the market even though the FDA had not only revoked the petition for approval but even tried to have Searle, the original manufacturer indicted for fraud under Title 18, Section 1001:
Aspartame interacts with all drugs and vaccines Case histories of aspartame adverse-events.
An archival site on aspartame with many articles and official documents that prove aspartame is illegaly on the market.
Athlete Alert on Sudden Cardiac Death by Russell Blaylock, MD:
Mission Possible International aspartame news.

Aspartame Disease: An Ignored Epidemic, 1000, page medical text by Dr H.J. Roberts MD
Excitotoxins: The Taste That Kills
Dr. Blaylock discusses the toxic effects of a number of food additives, including MSG (monosodium glutamate), aspartame and L-cysteine

There is no longer an online petition website because it was ineffective. Names have been collected sometime ago and given to the Prison Governor who made no response. If you can think of anyway to help Diane, we implore you to do so. Follow the links on this page, do whatever additional research you feel is necessary and help us to obtain a release for Diane.

Dr. Betty Martini, Founder, Mission Possible Intl. Tel: (1)770 242 2599
Don Harkins, The Idaho Observer Tel: (1)208 255 2307

To contact Diane Fleming:
Mrs. Diane Fleming, #311655
FCCW 8D 209A, Box 1000, Troy, Virginia 22974. USA.
You can only send a maximum of 5 pages to Diane. (Cost 39c stamp in the USA)

Donations would be most gratefully received by Money Order.
To help with Diane’s legal defense, please send donations to Diane Fleming C/O David Hargett, Attorney 11545 Nuckols Road, Suite C, Glen Allen, Virginia 23059, USA.

In next issue of Namaste Magazine, we will publish the moving and riveting account of Diane’s story as told by her closest friend, Betty P. Rickmond.