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Judy Mikovits has been arrested

Messages
75
Here is the official story: http://news.sciencemag.org/scienceinsider/2011/11/lawsuit-filed-against-chronic-fatigue.html

Jill, why would the WPI try to set-up Judy for something she did not do? She obviously stole the lab notebooks since they disappeared after she locked them up in her desk drawer , but the real question is why??

And why is the WPI concerned over paper notes? This extremely odd behavior is a deterent to moving the science forward and seems all too controversial to me, just like everything in this illness. It's almost like it's being done on purpose, I hate to say.
 

markmc20001

Guest
Messages
877
FYI I found this on another forum from TooMuch: Mikovits arrest on a felony fugitive warrant is unusual since these type of warrants are executed across other jurisdictional boundaries only if there has been a major felony act committed for a state action. But if the Mikovits was in possession of research material etc on the Fed NIH grant, then a charge could be level that you are transporting stolen goods across state lines and the action is bumped up to the Federal level with the FBI involved. No bail is set on a fugitive warrant for the reason the person was charged with a flight risk crime to avoid prosecution in the first place.

Also this was posted concerning libel and defamation
http://www.defamationlawblog.com/2009/04/articles/damages-1/defamations-greatest-hits/

Heya Ecoclimber. You mentioned something to the affect that you, your senators staff, and all kinds of other governmental agencies were going to try and go after the WPI and Mikovitz for all kinds of legal stuff. Anything come of that yet?
 

ixchelkali

Senior Member
Messages
1,107
Location
Long Beach, CA
I think it's only fair to point out that the Whittemores are a very influential family in Nevada. That helped them get the WPI built in the first place. But if they requested that a warrant be issued for someone against whom they had a lawsuit, it would be given more weight than if the average Joe Blow made a similar request.

On the surface, it seems very unusual that a fugitive from justice warrant would be issued in a case like this. It seems a fairly drastic escalation. And realistically, someone who really was fleeing justice wouldn't go home from Reno to Ventura.

I can't help but wonder if moving this from the civil to the criminal realm doesn't give them probable cause to conduct a search of Dr Mikovits' home, car, etc., and if that isn't the point.

(For the record, I'm not backing either horse in this race.)
 
Messages
20
I think it's only fair to point out that the Whittemores are a very influential family in Nevada. That helped them get the WPI built in the first place. But if they requested that a warrant be issued for someone against whom they had a lawsuit, it would be given more weight than if the average Joe Blow made a similar request.

On the surface, it seems very unusual that a fugitive from justice warrant would be issued in a case like this. It seems a fairly drastic escalation. And realistically, someone who really was fleeing justice wouldn't go home from Reno to Ventura.

I can't help but wonder is moving this from the civil to the criminal realm doesn't give them probable cause to conduct a search of Dr Mikovits' home, car, etc., and if that isn't the point.

(For the record, I'm not backing either horse in this race.)

I agree that this has drastically escalated so obviously there is more going on than we know! It almost seems like there must be some kind of Federal involvement for a judge to grant such aggressive criminal arrest actions on what began as a civil law suit. But you are right ...the Whittemores are influential so who knows?! All I know is there must be something pretty dang important contained in those missing notebooks, etc. to cause all this legal chaos between professional people who once worked on the same team ...something beyond the XMRV research data? I speculate! I sure hope both parties can reach some kind of amiable agreement but I guess we will know more on Tuesday.

(For the record, I'm not backing either horse in this race either)
 

Advocate

Senior Member
Messages
529
Location
U.S.A.
from Science Insider

"On 7 November, a judge from the Nevada court granted a request for a temporary restraining order against Mikovits to prohibit her from "destroying, altering, disseminating, or using trade secrets and confidential information." The order contended that "immediate and irreparable injury, loss, or damage will result to WPI if it does not get this relief." But the order does not explicitly forbid Mikovits, who lives in Ventura, California, from leaving the state of Nevada."

http://news.sciencemag.org/scienceinsider/2011/11/controversial-cfs-researcher-arr.html?ref=hp

Shannah, I noticed that sentence also.
 

Jill

Senior Member
Messages
209
Location
Auckland, NZ
Shannah, I noticed that sentence also.

So given the above, she leaves - heads home - why wouldn't you?
Then bang she is arrested. Heavy handed don't you all think?
Her lawyer letter is on the net, with some interesting (and unnecessary on the face of it) statements. Didn't you all think it odd that the lawyer talked about her influence with the Norwegian govt? I think that speaks volumes to us. Judy wanted us to know this and this was the only time she had to let it out.

What else do we know? Judy is allegedly stolen her own stuff. Why would she do that? This all sounds like its a lot bigger than theft. Someone must have a hell of a lot of influence to a judge sign a warrant on somebody for theft. And have people turn up at Lilly Meehans - for cryin out loud who has this sort of power - who is owed these sort of favours?.

What else do we know? Lipkin shows up at the WPI. When has government ever taken this problem seriously? What changed after that? We never saw Judy on Nevada Newsmakers once. Annette then fires Judy. What might Lipkin have said/done/brokered? Who may he have wanted out of the way?

Judy could be lying to her lawyer I suppose - but that wouldn't do her any good. She's lost her job, she sure as hell ain't gonna have stashes of money to fight a long protracted legal case.

She's being made to look dishonest. This arrest is making sure of that.

All my opinion of course
 

Waverunner

Senior Member
Messages
1,079
It's funny how everything that doesn't fit into the general opinion of some people has to be put into a conspiracy theory. The evil WPI folks and the evil forces behind it try to hunt down the innocent Dr Mikovits who just unraveled the mystery about CFS. Did it ever occur to you that Dr Mikovits did something illegal? Did it ever occur to you that the WPI just wants their stuff back and that Dr Mikovits did something wrong?
 

Francelle

Senior Member
Messages
444
Location
Victoria, Australia
from Science Insider

"On 7 November, a judge from the Nevada court granted a request for a temporary restraining order against Mikovits to prohibit her from "destroying, altering, disseminating, or using trade secrets and confidential information." The order contended that "immediate and irreparable injury, loss, or damage will result to WPI if it does not get this relief." But the order does not explicitly forbid Mikovits, who lives in Ventura, California, from leaving the state of Nevada."

I haven't read all the posts subsequent to this one (#52) so don't know if anyone else has addressed this point but was Dr Mikovits actually in Nevada when the court order was issued (is that how it works. Would she have been in court?) If not and she was in fact already at home in California then she would not have crossed state lines at all and the fugitive from justice sounds 'over the top' - but then what would I know - lol?
 

Advocate

Senior Member
Messages
529
Location
U.S.A.
It's funny how everything that doesn't fit into the general opinion of some people has to be put into a conspiracy theory. The evil WPI folks and the evil forces behind it try to hunt down the innocent Dr Mikovits who just unraveled the mystery about CFS. Did it ever occur to you that Dr Mikovits did something illegal? Did it ever occur to you that the WPI just wants their stuff back and that Dr Mikovits did something wrong?

People who just want their stuff back don't usually manage to send nine policemen into a friend's house to look for the stuff. (The police found nothing--no stuff.)

As Mary Schweitzer commented on Hillary's blog, "This is the sort of thing reserved for child molesters, not contested NIH grants." Mary also wrote, "I've spent my life in or around universities - I was a professor before my collapse in 1994, and my husband has been a professor at U of Delaware for 30 years - we're shocked."
 

Nielk

Senior Member
Messages
6,970
I know I'm not supposed to be on here but, of course I heard about this shocking development and like all of you I am very concerned.
Does anyone know if there is a precedence for this type of action in the science community?
I would think that any Lab would have hard copy back up of all their information. Certainly, they would make sure that they have it BEFORE they go
and fire their lead scientist.
Why are they so afraid that/if Judy has a copy. If they are so sure that they are the proprietors of the NIH grant, what are they so afraid of?
I don't think that anyone has or knows the real inside information to know how to judge what's going on but, it sure looks like Goliath fighting David.

To put her in jail? sitting in a cell? What a shame!
 

maryb

iherb code TAK122
Messages
3,602
Location
UK
To have been responsible for having that done to a respected scientist who has only ever acted with absolute professionalism is worse than shame, its absolutely and utterly appalling, it shows the WPI in a different light for me without any doubt, I will not be giving them a jot of support again.
 

Nielk

Senior Member
Messages
6,970
To have been responsible for having that done to a respected scientist who has only ever acted with absolute professionalism is worse than shame, its absolutely and utterly appalling, it shows the WPI in a different light for me without any doubt, I will not be giving them a jot of support again.

Don't they realize what they just have done to their name? In addition, are they using "OUR DONATIONS" for their legal expenses?
 

Guido den Broeder

Senior Member
Messages
278
Location
Rotterdam, The Netherlands
We don't know what really happened, but this seems on it's face to be too heavy-handed and less likely to have occurred if the Whittemores were not so prominent.
Indeed. I can't get the legal authorities to do anything, despite ample evidence of crimes committed against me. And since when does returning home constitute a flight risk? Regardless of whether the accusations stick, this is class justice.

What also strikes me as odd is that supposedly there exists only a single copy of those notes. If true, that is remarkably unprofessional.
 

Nielk

Senior Member
Messages
6,970
Has it occurred to you that the information being sought might have nothing to do with NIH grants but might be essential to discovering if Dr Mikovits has or has not committed scientific research misconduct ? Just a very obvious thought.....

Yes, I admit that at this point there could be so many different reasons for why this is happening. My question though is why didn't they get the information from her BEFORE they fired her?
 

maryb

iherb code TAK122
Messages
3,602
Location
UK
Neilk said 'are they using donations' a reasonable question I would have thought? I also believe in innocent until proven guilty, and I see nowhere in this thread that points to anyone making patients look like lunatics, apart from people shouting in capitals.
 

jace

Off the fence
Messages
856
Location
England
OK, so what do we know?

I've been doing a bit of research. Let's look at the facts as we know them. A week after the publication of the BWG results, on the evening of the 29th September outside her house in Reno, Judy got a phone call from Annette Whittemore to tell her she was fired. Judy did what we all do at that point, she got in her car and set off for hubby and home in Ventura. She arrived there at 11:30 am having driven all night, and was met by Lilly Meehan, who testifies that there were no lab notebooks or computer gear in her car.

The last time Judy had had access to her lab, she was still an employee of the WPI. Once she was fired she was locked out.


The restraining order was issued on the 4th November, more than a month after Judy was locked out of the lab.

Two weeks later, Judy is arrested in at her home in Ventura County, where she had been, apart from fulfilling pre-existing obligations, since the 30th September.

Things don't add up. There was far too long between the firing and lock-out and the writ. Why arrest Judy at a time that will prevent her attending the Mount Sinai symposium?

Here's a timeline with links
22nd Sept. BWG published
29th Sept (pm) Judy fired http://news.sciencemag.org/scienceinsider/2011/10/xmrv-researcher-fired.html, http://treatingxmrv.blogspot.com/2011/10/square-one.html
30th Sept (am) Arrives home in Ventura County. Lilly Meehan witnesses. https://www.facebook.com/note.php?note_id=235983363131553 (not sure if people who are not friends of Lilly can see this link. Please supply another public one if you have it)
30th Sept. ERV publishes the Gelgate blog

Oct 19th Rituximab Study published http://www.plosone.org/article/metr...8;jsessionid=D4DAC1F728D21AB12ACAFC8FC7FBCB27
Oct 26th, Annette Whittemore on Nevada Newsmakers http://www.nevadanewsmakers.com/video/default.asp?showID=1375&forumid=331851

Nov. 4th Writ issued http://news.sciencemag.org/scienceinsider/2011/11/lawsuit-filed-against-chronic-fatigue.html http://treatingxmrv.blogspot.com/2011/11/game-with-no-winner.html http://www.oslersweb.com/blog.htm?post=823082
November 18th Judy arrested http://treatingxmrv.blogspot.com/2011/11/china-syndrome-at-wpi.html http://news.sciencemag.org/scienceinsider/2011/11/controversial-cfs-researcher-arr.html
November 20th Mount Sinai conference with Dr Endlander - Judy was to attend.