Martin S. Kimber Indicted by a Federal Grand Jury Alleging Chemical Weapons Offenses

May 17, 2012

The Federal Bureau of Investigation (FBI) on May 17, 2012 released the following:

“Man Indicted for Chemical Weapons Offenses

Richard S. Hartunian, United States Attorney for the Northern District of New York, announced today the indictment of Martin S. Kimber, 59, of Ruby, New York. Kimber is charged in three counts with violations of the chemical weapon statute (counts one and two), which prohibits individuals from possessing, stockpiling, or using a toxic chemical as a weapon; and with a violation of the consumer product tampering statute (count three).

The indictment alleges that in December 10, 2010 and December 23, 2010, Kimber received medical care at the Albany Medical Center and that on January 24, 2011, he wrote to complain about having to pay for his treatment. It further alleges that on February 22, 2011, the Albany Medical Center Associate Medical Director wrote back to explain why the bills were appropriate and discussed the outcome associated with the defendant having provided inaccurate information about his injury and his decision not to complete the care proscribed by his treating physician.

The indictment alleges that on March 2, 2012, Kimber spread mercury, a known toxic substance, throughout various areas of the Albany Medical Center cafeteria, including in and around food served to customers, and on and around heating elements use in food preparation. It further describes three previous instances, March 28, 2011, April 11, 2011, June 23, 2011, where mercury was spread around the hospital on days when New York State toll records establish the defendant traveled from his home in Ruby, New York and exited at the get-off for the Albany Medical Center. The indictment alleges that on March 2, 2012, Kimber’s activities were captured on hospital video surveillance cameras in the Albany Medical Center cafeteria— where mercury was subsequently found —including on food consumed by at least one patron. Canisters of mercury were subsequently found by law enforcement officers in Kimber’s home and car. The person who ate the contaminated food was subsequently treated in the hospital’s emergency room. An emergency chemical response team at the Albany Medical Center responded promptly to the mercury contamination on each occasion and removed it from the premises.

The defendant was arrested on April 25, 2012 and is in jail, being held in pretrial detention. On March 2, 2012, following a detention hearing, United States Magistrate Judge Andrew T. Baxter determined that Kimber poses a serious danger to the community and that no combination of release conditions could be established to permit him to be released without continuing to pose a danger to the community.

A complaint filed in support of an arrest warrant was unsealed on April 26, 2012. It alleged that a search warrant was executed at Kimber’s house and automobile. Besides the seizure of two canisters of mercury, the complaint further alleged that approximately 21 guns were removed from Kimber’s residence. Literature reflecting sympathy for domestic terrorism (The Turner Diaries) was observed during the search, which states on the cover page, “This book contains racist propagnda” and “The FBI said it was the blueprint for the Oklahoma City bombing. Searching officers further observed a Nazi swastika on a wall of Kimber’s home.

The two chemical weapons counts each contain a maximum possible term of life in jail and a fine of $250,000 or twice the gross loss to any victim. The consumer product tampering charge contains a maximum possible penalty of 10 years in jail and a fine of $250,000 or twice the gross loss to any victim.

Mercury is a known hazardous substance that has been very well-studied. Among other things, mercury is a human neurotoxin that kills nerve cells, can result in brain and lung damage, respiratory failure, ataxia, speech impairment, constriction of the visual field, hearing loss, and somatosensory change. Mercury is readily absorbed through unbroken skin, by intestinal absorption after ingestion, and by inhalation of vapors. It accumulates in the body and can cause damage to internal organs including kidneys.

The allegations in the Indictment and criminal complaint are mere accusations and all persons are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

This case is being investigated by special agents of the Environmental Protection Agency, Food and Drug Administration-Office of Criminal Investigations, and Federal Bureau of Investigation. Assistance has been provided by the Towns of Albany and Ulster Police Departments. The case is being prosecuted by Assistant United States Attorney Craig Benedict. Questions may be directed to AUSA Benedict at 315-448-0672.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Clemens trial resumes with more from federal agent

May 7, 2012

The Wall Street Journal on May 7, 2012 released the following:

“Associated Press

WASHINGTON — Federal agent Jeff Novitzky returns for a third day of testimony Monday in the Roger Clemens perjury trial, while behind the scenes Clemens’ lawyers sought to strike the testimony of former teammate Andy Pettitte.

Last week, Pettitte testified that Clemens told him he had tried human growth hormone, only to say under cross-examination that he might have misunderstood Clemens. As expected, Clemens’ lawyers filed a motion asking that the jury not be allowed to consider the conversation between the two pitchers.

Pettitte said that it was “fair” to say that there was a 50 percent chance he misunderstood Clemens, his friend and one-time mentor.

“The court should not allow the jury to consider an alleged ‘admission’ that has all the weight of a coin flip,” Clemens’ lawyers wrote in a filing Monday morning, before the resumption of the trial.

Clemens is accused of lying to Congress in 2008 when he denied using HGH and steroids.

Meanwhile, the government will conclude its re-direct questioning of Novitzky, an agent with the Food and Drug Administration. He has already been questioned by the government and cross-examined by Clemens’ lawyer.

Last week, Novitzky described the physical evidence he had collected from Clemens’ former strength coach, Brian McNamee. Prosecutors will try to prove the evidence shows the former baseball pitcher used steroids and human growth hormone.

Clemens’ lawyers have said they will contend that the evidence has been tainted and contaminated.

McNamee is expected to testify later this week, perhaps as early as Tuesday.

Prosecutors got off to a rough start Monday, when U.S. District Judge Reggie Walton told them they could not play a clip of a 2008 Clemens’ “60 Minutes” interview for the jury. In the clip, Clemens says he was advised by counsel not to talk to former Sen. George Mitchell, who was investigating performance-enhancing drugs in baseball and would identify Clemens as a user in his report to Major League Baseball.

After the interview aired, Clemens testified to Congress that he didn’t know that Mitchell wanted to talk to him. Prosecutors wanted to show the “60 Minutes” clip in an attempt to show Clemens was obstructing Congress, arguing the two statements were contradictory. But Walton said the clip could not be played without interfering with the attorney-client privilege. He also said it was possible Clemens was told generally by lawyers not to talk to Mitchell, without actually informing the pitcher that Mitchell wanted to talk to him.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Judge blocks importation of drug used in execution

March 27, 2012

The Associated Press on March 27, 2012 released the following:

“By FREDERIC J. FROMMER
Associated Press

WASHINGTON (AP) — A federal judge on Tuesday blocked the importation of a drug used in executions on grounds the Food and Drug Administration ignored the law in allowing it into this country.

U.S. District Judge Richard Leon sided with lawyers for death row inmates in Tennessee, Arizona and California who want to keep out sodium thiopental, because it is an unapproved drug manufactured overseas. The Obama administration argued it had discretion to allow unapproved drugs into the U.S.

But Leon said the FDA’s actions were “contrary to law, arbitrary, capricious, and an abuse of discretion.” He said that plain language of the law says that an article that appears to be misbranded or unapproved “shall be refused admission.”

Leon scolded the agency: “Put simply, this appears to be nothing more than the FDA, once again, stubbornly clinging to every last ounce of its discretionary authority!”

Sodium thiopental is an anesthetic used to put inmates to sleep before other lethal drugs are administered. The drug’s U.S. manufacturer announced last year that it would no longer produce it, which forced corrections officials to delay many executions. Many of the nation’s 34 death penalty states switched to an alternative drug, pentobarbital – a point Leon stressed.

In addition to blocking the FDA from allowing the drug into the country, Leon also ordered the FDA to immediately notify any state correctional departments with foreign-manufactured thiopental that its use is prohibited by law, and that the drug must be returned to the FDA.

A lawyer for the death row challengers, Brad Berenson, said in an email that “it was especially gratifying that the court recognized that even the most despised members of our society are entitled to the protections Congress gave to all Americans in the Food Drug and Cosmetic Act.”

The FDA declined to comment on the ruling or say whether it planned to appeal.

Leon, who was appointed by President George W. Bush, dismissed the FDA’s contention that the death row inmates lacked standing.

“Here, the threatened injury – that unapproved foreign thiopental will fail to anesthetize plaintiffs properly during execution, causing conscious suffocation, pain, and cardiac arrest – is, to say the least, severe,” the judge wrote. “Indeed, few in our society are more vulnerable than a death row inmate facing lethal injection.”

Leon also said that the FDA was undermining its own policy of maintaining a closed drug distribution system designed to keep dangerous drugs out of U.S. commerce.

“By opening up the `closed’ drug system by allowing an unapproved drug – thiopental – into the United States, defendants jeopardize their own system and threaten the public health by creating a risk that thiopental could incorrectly end up in the hands of the general public,” he wrote.”

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.