[Pnews] Mumia Abu-Jamal Case - Major Revelation - False Documents Offered in Court by DOC

Prisoner News ppnews at freedomarchives.org
Wed Dec 23 18:28:25 EST 2015

    Major Revelations in Abu-Jamal v. Kerestes

Dateline Scranton PA 12/23/2015 6:08 pm
The final hours of the preliminary injunction hearing in Abu-Jamal v. 
Kerestes proved explosive.

    False Documents Offered in Court by DOC

At the beginning of his testimony, as the hearing was closing, Dr. Paul 
Noel (Chief Medical Officer of PA Department of Corrections) stated on 
the stand that the affidavit filed in this case with his signature 
was*/not/* his testimony.

The Department of Corrections attorney Laura Neal knowingly offered 
false testimony.  This information, paragraph 21, cited the erroneous 
information that hepatitus C viral load levels should determine 
treatment for Mr. Jamal. Laura Neal actually cited this misinformation 
in the brief she filed in court opposing the preliminary injunction.
Let me be clear. Dr. Noel testified that he informed Laura Neal of the 
DOC in September, in December, and again in the parking lot next to the 
courthouse, this morning that the affidavit was incorrect.  The people 
in the court room and the judge were in shock. It was so quiet, you 
could hear a pin drop.  Laura Neal offered feeble excuses stating that 
the information was factually correct;  to which Dr. Noel replied "but 
misleading and false in its conclusions".   Robert Boyle's expert cross 
examination, which proceeded for the next hour, was searing.

In addition to the false paragraph number 21 inserted by the DOC into 
the affidavit, Robert Boyle got the good doctor to admit that paragraph 
10 was also false.  This paragraph stated that the only infectious 
disease specialist to examine Mumia, Dr. Ramon Gadea, ruled out 
Hepatitis C as a cause for Mumia's extreme skin eruptions.  In fact, the 
medical records of theSeptember 9th meeting with Mumia and Gadea state 
that he believed Hepatitis C could be a secondary cause of the skin rash 
and that Hep C should be treated after ruling out a rheumatoid condition.

    The Document they Were Trying to Hide

Dr. Noel's testimony highlights:  "The Interim Hepatitis C protocol for 
New Anti Viral Treatment" revealed at the hearing yesterday,  now 
public, thanks in part to Prison Radio's and Austin Nolen's Right to 
Know Request filed yesterday within minutes of its production in court, 
was revealing.  Only five patients are being treated for acute Hep C 
beginning  Fall, 2015.  No one has been treated while the protocol was 
being developed for the last 22 months.  Ten thousand inmates have 
active Hep C, and of that number, it can be expected that over a 
thousand have chronic active Hep c and liver fibrosis or cirrhosis.

Dr. Noel testified that Mumia has a 63% chance of having cirrhosis.  He 
has significant fibrosis (scarring of the liver). He has "anemia of 
chronic disease", and low blood platelets in addition to the severe 
extra hepatic skin condition.
Boyle:" Isn't it clear that Mumia Abu-Jamal should get treatment?"
Dr. Noel: "It is anything but clear."
The bottom line, they are only treating a fraction of cases, and those 
are extreme. People are simply dying as they wait.  For instance, the 
protocol to get "consideration for treatment for Hep C" is an "EDG", an 
endoscopy of the throat.

And they are only treating inmates who have the immediate risk of blood 
vessels bursting in their throats. Esophageal varices with a raised 
portal pressure, which the DOC considers proof of cirrossis and patients 
sick enough to treat for Hep C.
  Dr. Cowan, DOC expert in the morning court session, was adeptly cross 
examined by Robert Boyle, Mumia's co counsel with Bret Grote of the 
Abolitionist Law Center.
Dr. Cowan had been insisting that the standard of care in the 
correctional setting was the same as the community setting, with one 
caveat, "risk stratification".  The most revealing and determinate fact 
was the last question posed by

Boyle.  "If you were in private practice and you had a patient with 
significant chance of fibrosis, would you treat that patient with the 
new anti-viral direct acting drugs?" (The cure).  Dr. Cowan stated, "if 
they could pay $90 thousand for the treatment"
That statement alone could result in a ruling from Judge Robert Mariani 
ordering the DOC to provide immediate anti- viral direct acting drugs to 
Mumia.  There has to be a valid medical reason for denying care.  And it 
seems that DOC deliberate indifference to inmates' health and Mumia's 
life specifically has been well established.

The court will provide transcripts in three weeks, with final briefs due 
in six weeks. We will keep you posted.

Via Prison Radio
PO Box 411074
San Francisco, CA 94141
Freedom Archives 522 Valencia Street San Francisco, CA 94110 415 
863.9977 www.freedomarchives.org
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