12th March, 2003
ORLANDO, Fla. The Ninth Judicial Circuit In And For Orange County,
Florida, entered a preliminary ruling and order in the case of Florida
VS. Alan R. Yurko (CR98-1730) February 17, 2003. Circuit Judge Alan Lawson
ordered the state of Florida to file an answer to Yurkos motion
for post conviction relief within 30 days.
This answer shall either contain matters of law or of record showing why Yurko is not entitled to relief, or frame the issues the state will argue should the Court grant Yurkos motion and schedule a hearing.
In 1999, Yurko, now 33, was sentenced to life without parole plus 10 years for allegedly shaking his infant son to death. Since sentencing, new evidence indicates Baby Alan died from a series of medical errors that began after he was rushed to the hospital due to adverse reactions to the series of vaccines he was given. In March, 2002, Yurko filed for post conviction relief based upon the new evidence.
Though there had been no word from the court for nearly a year, the Yurko Project, a growing coalition of international supporters, kept gathering information and pressuring local media and authorities to revisit the Yurko case.
Then, last December, two Florida mens sentences were commuted when it was discovered an incompetent medical examiner incorrectly established the deaths of the babies in their care to be SBSshaken baby syndrome. Since the release of those two men, local media interest in Yurkos case has increased dramatically and Yurko supporters all over the world have been writing letters, sending emails and faxes, and making phone calls to those who could have a say in reopening this case.
It appears the Court responded by ordering the state to explain why post conviction relief should not be granted in this case or prepare for trial.
Yurko explained that his 100-page Motion for Post Conviction Relief was carefully constructed to limit the scope of the states argument to the new evidence submitted. Therefore, the state must either cite lawful authority to deny relief or make a record of their refutation of the claims made in the motion.
It is our legal team's contention that the state will not be able to refute the facts either with law or the record. The next step will be up to Judge Lawson, who will review the states answer for merit and decide whether or not an evidentiary hearing is warranted, said Yurko.
There is also a possibility, however slight, that the judge will vacate
Alan's judgment and sentence and order his immediate release.
Yurko is one of hundreds, possibly thousands of innocent parents who have been imprisoned for SBS which has replaced sudden infant death syndrome as a cover for medical malpractice in the contraindicated administration of routine childhood vaccinations.
Medical evidence strongly indicates that one cause of Baby Alans death was due to the administration of six routine vaccinations at the age of two months, despite being born premature and having a multitude of health problems contraindicating the administration of vaccines. In fact, the particular lot of DTaP vaccine Baby Alan was given happened to be the number one hottest lot out of 810 reported hot vaccine lots reported to the national Vaccine Adverse Event Reporting System.
Other medical bungling contributing to Baby Alans death include excessive doses of therapeutic medications leading to the SBS diagnosis. For example, when Alan Yurko rushed Baby Alan to the hospital due to cardiac arrest and apnea, he was given extremely high doses of sodium bicarbonate and 8.8 times the amount of heparin recommended for an infant. This caused bleeding of the brain and all the other symptoms that were misdiagnosed as SBS.
Furthermore, of the more than two dozen autopsy mistakes, the following
stand out: 1) The autopsy report listed Baby Alan as black when he is
white; 2) Baby Alans head was listed on the autopsy report as being
22 cm. His head was 31.5 cm. at birth; 3) the report listed Baby Alan
as 8 weeks old when he was in fact 10 weeks old; 4) Baby Alans internal
organs were harvested for transplants to other infants prior
to autopsy. Although the preamble in the autopsy report notes this fact,
several pages into the report is a detailed examination of Baby Alans
myocardium (heart tissue).
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