Wednesday, August 8, 2018

HIV IS NOT A CRIME: Expert consensus statement on the science of HIV in the context of criminal law

On July 25, 2018, the world's HIV/AIDS experts came together in a single voice and joined the thousands of advocates from around the world proclaiming HIV IS NOT A CRIME!
Must importantly amongst all the expert opinions for me as it relates to my case is - 
  • Phylogenetic analysis can be compatible with, but cannot conclusively prove, the claim that a defendant has infected a complainant with HIV. Importantly, phylogenetic results can exonerate a defendant when the results rule out the defendant as the source of a complainant’s HIV infection.
READ it Here HIV IS NOT A CRIME 
Some of the other expert opinions contained in the Statement include the following:
  • The possibility of HIV transmission during a single act of vaginal or anal sex ranges from low to none (see below for important factors affecting the possibility of transmission).
  • The possibility of HIV transmission during a single act of oral sex ranges from negligible (in very unusual and extreme circumstances) to none (see below for important factors affecting the possibility of transmission).
  • There is no possibility of HIV transmission during a single act of vaginal, anal or oral sex where an intact condom has been used correctly.
  • There is no possibility of HIV transmission during a single act of vaginal, anal or oral sex when the HIV-positive partner has an undetectable viral load.
  • The possibility of HIV transmission during a single act of vaginal or anal sex when the HIV-positive partner has a low viral load ranges from negligible to none.
  • There is no possibility of HIV transmission through saliva, even when it contains small quantities of blood.
  • The possibility of HIV transmission from biting ranges from negligible (in very unusual and extreme circumstances) to none.
  • Modern antiretroviral therapies have improved the life expectancy of most people living with HIV who have regular access to them, to the point that their life expectancy is similar to that of HIV-negative people, thereby transforming HIV infection into a chronic manageable health condition.
Join me as we demand that the Secretary of the Army and the Judge Advocate General of the Army order the phylogenetic testing to be conducted, and with the results Review my case and Dismiss ALL Charges, Expunge my record, Amend my discharge to Honorable and Restore and Pay ALL Retirement Benefits and damages allowed retroactively.
Chris Hamilton and CPT Jordan Stapley should be investigated and prosecuted as deemed necessary by the US Army and the Federal Prosecutor of the Eastern District of Virginia

Tuesday, January 9, 2018

Our petition is still ALIVE...the US Army has evidence that proves my innocence...PLEASE SHARE and SIGN

It took generations for DNA to be accepted as forensic evidence and its time for phylogenetics to be accepted as forensic evidence.

Join us and sign the petition -

DEMAND SEC ARMY Dr Mark T Esper make evidence available and the case be dismissed immediately


In 2009, I personally informed MAJ Matt Kemkes, my initial US ARMY Trial Defense attorney about the availability of phylogenetics and how the Infectious Disease clinic at both Walter Reed and Bethesda and across the entire Armed FOrces medical system, had previously been asked to use and conduct the phylogenetic analysis (routinely done for treatment and viral typing) but also used successfully in proving that a person living with HIV was NOT the source of another person's HIV infection.

At the time we presented CPT Jordan Stapley the information and contact with Dr Michael Metzger at Baylor university.

We even have the emails from those conversations.

Dr Metzger informed CPT Stapley that the test would demonstrate that LTC Pinkela was NOT the source of Chris Hamilton's HIV infection.  CPT Stapley and Chris Hamilton denied access to Hamilton's blood sample.

Even at trial, Dr Sheila Peel from the US Army HIV Laboratory, confirmed under oath that both my initial blood sample and that of Chris Hamilton were both on file and forensically maintained!

Since then we have confirmed that the phylogenetic process was available both then and still available now.  The RNA extraction process has even been IMPROVED.

Dr Mark T. Esper, the new Army Secretary is a West Point graduate...a man who wore the uniform and served in the first Gulf War...he knows the UCMJ process is NOT perfect and in many professional opinions it is BROKEN when it comes to issues just like this.

We are DEMANDING the US Army Secretary to ORDER the US ARMY HIV Laboratory to conduct the phylogenetics and release the results to the US Army Judge Advocate General and to my attorney.

WE are demanding that the Army Secretary, upon confirmation of the results, direct an immediate review and dismissal of the case and charges against LTC Ken Pinkela with all retirement pay, benefits and damages available be given to LTC Pinkela immediately.