On 17 Dec 1997, the Macomb County Prosecutor filed a lawsuit ("complaint for declaratory judgment") in Macomb County Circuit Court against him. The case was assigned to Judge Mary Chrzanowski. Right-to-lifers and others including Governor John Engler applauded.
The suffering and suicide prevention law that deals with 90% of the cause--cigarettes--is almost never mentioned and is definitely NEVER ENFORCED. Prosecutors ignore that law. Do they like for people to suffer?
Michigan law MCL § 767.39, MSA § 28.979, treats "accessories" as "principals." When law enforcers knowingly refuse to enforce the law, they are supposed to be deemed in essence "accessories" to the crime, as one convicted police officer learned upon being arrested and convicted in the case of United States v Luteran, 93 F2d 395 (CA 8, 1937). Sadly, such arrests rarely occur; prosecutors of course never arrest themselves! (When prosecutors do not enforce the law, they are to be removed from office, see Foster v State of Kansas ex rel. Johnston, 112 US 205; 5 S Ct 97; 28 L Ed 696, 697 (1884)).
In view of prosecutors' long-term brazen refusal to enforce the suffering prevention act, the suffering and suicides that the law was intended to prevent occur as a "natural and probable consequence." Prosecutors and others mouth off, denouncing the effect, while ignoring the cause!! The petition in effect said, 'put up or shut up.'
The petition and brief (though in legalese and not lay-reader-friendly) showed the hypocrisy of disregarding that 90% suicide-is-by-smokers factor. Prosecutor Carl Marlinga and Governor Engler had vowed to fight the case all the way to the Supreme Court. The petition showed their hypocrisy, part of the victim-blaming syndrome.
If Kevorkian's name were "Kevorkian Tobacco Company," he would be lauded, and campaign contributions happily accepted. But since "Tobacco Company" is not in his name, he is discriminatorily singled out for selective prosecution.
Rather than deal with the cigarette issue, Judge Chrzanowski not only threw out ("dismissed") the case, but no appeal was filed. Not by the Prosecutor. Not the Attorney General. Not the Governor. Not anybody! The accusers had been caught with their hypocrisy showing, and they knew it. They refuse to put up, so they shut up. . . . That day. To await another day when this author might not intervene to expose their hypocrisy.
The medical and historical evidence has power; the facts are overwhelming. And they know it. Those facts shut up the hypocrites! Here are they are--the petition and brief:
MACOMB COUNTY CIRCUIT COURT
Plaintiff, Case No. 97-6149-CZ
The undersigned citizen moves the court to order enforcement of what may be styled the "Suicide Prevention Act of 1909," Michigan law MCL § 750.27, MSA § 28.216, as follows:
1. Prosecutor Carl Marlinga filed suit against Jack Kevorkian, M.D., to obtain a declaratory ruling on the issue of assisted suicide. Michigan already has a law, MCL § 750.27, MSA § 28.216, that, if enforced, would prevent, moot, most, about 90%, of suicide. Tobacco smoking conduct (TSC) is the No. 1 cause of premature death and suffering. The role of TSC in suicide was published in 1857.
2. Michigan responded in 1909 with a law banning manufacture, sale, and giveaway of cigarettes--the 90% factor in suicide. The prosecutor should be enforcing that law, essentially a "Suicide Prevention Act," not claiming he doesn't know what the law is.
3. Our 1909 ancestors believed in dealing with causes vs. effects. Data already existed showing the real factor in suffering and suicide—TSC. Our 1909 ancestors knew what seems to be forgotten now, that tobacco is a Confederate product, and that Confederates are people with an intense, fanatical, continuing, protracted hatred of the United States, so fanatical that they called themselves a foreign country, made war against America, and mass slaughtered hundreds of thousands of Americans without qualms.
That right, which underlay slavery, was upheld in court cases in the South during the slavery era, e.g., Commonwealth v Turner, 26 Va 678 (1827); State v Mann, 13 NC 263 (1829); and Neal v Farmer, 9 Ga 555 (1851). Some abolitionists thus diagnosed pre-Confederates as atheists. Abolitionists widely circulated the "right to torture" cases in the North, intending to stop the Confederates' mass torture epidemic that they were perpetrating on a daily basis, on a scale so vast and protracted that Hitler is a saint by comparison.
Source: Dept of Health, Education, and Welfare, Research on Smoking Behavior, Research Monograph 17, Publication ADM 78-581, page v (Dec 1977). Such deaths are "natural and probable consequences." As such, occurring so frequently as to be expected to happen again, they are intentional. Accordingly, to deal with the beam, not the mote, the underlying perpetrators, tobacco manufacturers and sellers, and their accessories, should be prosecuted.
14. Michigan tried to stop the suicide process from starting, by passing MCL § 750.27, MSA § 28.216, which serves as a "Suicide Prevention Act," but it is never enforced. The Plaintiff Prosecutor lacks clean hands as he and his accessories, fellow prosecutors, have done, and do, nothing to enforce it. Said prosecutors are thus "accessories during the fact," a legal concept defined on pages 14-15 of Black's Law Dictionary. They actually or impliedly consent to TSC deaths ("consent" is defined on page 305). It cannot be deemed other than "entrapment" (defined on page 532) when prosecutors en masse refuse for 89 years to enforce the preventive-of-suffering law, when the "natural and probable consequence" (suffering) results, and they seek to divert attention off their own beam, personal, immoral, habitual misconduct of refusing to enforce the law, by their hypocritical finger-pointing at the mote Kevorkian.
15. MCL § 750.27, MSA § 28.216, if enforced, would prevent most suicide. However, the Plaintiff never files any cases re violations of the law, which are rampant. Accordingly, the court should dismiss the lawsuit as frivolous and moot; and/or, in the alternative, and preferably, enter an injunction directing prior mass enforcement of MCL § 750.27, MSA § 28.216, as a condition precedent to allowing prosecution of anyone other than the Confederate tobacco company perpetrators, with respect to smokers' suicides.
16. The continuing pattern of prosecutorial misconduct, mass refusal to enforce the 1909 law, precludes prosecutions at the latter end of the cause and effect chain. By law, MCL § 750.478, MSA § 28.476, the government (prosecutors) must set an example of enforcing and obeying the laws. Case law to the same effect, e.g., Service v Dulles, 354 US 363; 77 S Ct 1152; 1 L Ed 2d 1403 (1957) and Glus v Eastern District Terminal, 359 US 231, 232; 79 S Ct 760, 762; 3 L Ed 2d 770, 772 (1959), makes clear that a plaintiff cannot rely on its own wrongdoing at the starting point of a process.
17. The government (prosecutor) cannot have the benefit of the provisions favorable to its/his side, while ignoring its conditions which it/he is to perform, obey, or enforce. Precedents show that no court should aid such a misconduct-committing party, e.g., BTC v Norton CMC, 25 F Supp 968, 969 (1938); and Buckman v HMA, 190 Or 154; 223 P2d 172, 175 (1950). "No one may take advantage of his own wrong," Stephenson v Golden, 279 Mich 710, 737; 276 NW 848 (1938). If smokers are suffering, then seeking relief from Dr. Kevorkian, the wrong is the prosecutors' pursuant to their 89 year pattern of refusal to enforce the suffering-prevention law, MCL § 750.27, MSA § 28.216. Somebody should indeed be prosecuted--prosecutors--pursuant to MCL § 750.478, MSA § 28.476, for their protracted, brazen knowing, refusal to enforce the preventive-of-suffering law MCL § 750.27, MSA § 28.216.
WHEREFORE, to moot most or all suicide, please enter an injunction compelling enforcement of MCL § 750.27, MSA § 28.216.
MACOMB COUNTY CIRCUIT COURT
v. Judge Mary Chrzanowski
1. The Plaintiff Prosecutor filed suit against Defendant herein for relief described in the Complaint, relating to suffering-induced "assisted suicide," the underlying factor of which is Tobacco Smoking Conduct (TSC), which in turn arises from the illegal manufacture, give away, and/or sale of cigarettes.
2. Michigan has a cigarette control law, MCL § 750.27, MSA § 28.216, that forbids "any person within the state" from action that "manufactures, sells or gives to anyone, any cigarette containing any ingredient deleterious to health or foreign to tobacco . . . ." (1939 ed.).
3. Had Plaintiff Prosecutor and accessory prosecutors enforced that law, originally dating from 1909, such enforcement would have prevented, mooted, the situation the Complaint describes.
4. All Cigarettes Contain Deleterious Ingredients. Cigarettes are inherently dangerous, as shown in the Department of Health and Human Services book, Reducing the Health Consequences of Smoking: 25 Years of Progress: a Report of the Surgeon General, Publication CDC 89-8411, Table 7, pages 86-87 (1989). Examples of deleterious ingredients include but are not limited to:
Judicial notice of cigarette deleteriousness is taken pursuant to an 1897 Tennessee law, in Austin v State, 101 Tenn 563; 566-7; 48 SW 305, 306; 70 Am St Rep 703 (1898) aff'd 179 US 343 (1900). The said Michigan law was passed soon thereafter, in 1909.
5. Cigarettes Emit Deleterious Emissions. Due to cigarettes' deleterious ingredients, they emit deleterious emissions. The Department of Health, Education and Welfare book, Smoking and Health: Report of the Advisory Committee to the Surgeon General of the Public Health Service, PHS Pub 1103, Table 4, p 60 (1964), lists examples of deleterious emissions including but not limited to:
6. Foreign Substance Coumarin In Cigarettes. In Mike Moore, Attorney General ex rel State of Mississippi v American Tobacco Co, et al, No 94-1429 (a cigarette litigation case), Jeffrey Wigand, Ph.D., ex-tobacco company scientist, admitted coumarin (rat poison) in tobacco. Tobacco company attorney Thomas Bezanson objected, not as untrue, but "on trade secret grounds." Philip Hilts, Smoke Screen: The Truth Behind The Tobacco Industry Cover-Up (NY: Addison-Wesley Pub Co, 1996), pp 161-3. This was reported likewise in 1884:
7. For explanation of the deleteriousness of specific cigarette ingredients, see
a. Gosselin, Smith, Hodge, and Braddock, Clinical Toxicology of Commercial Products, 5th ed (Baltimore: Williams & Wilkins, 1984). Page II-4 lists toxicity levels of 1-6 (1, "practically non-toxic"; 4, "very toxic"; 6, "super-toxic"). Nicotine, item 772, pages II-237 and III-311-4 is rated a 6; coumarin, page II-257, item 861, is a 4.
b. Robert Dreisbach and William Robertson, Handbook of Poisoning: Prevention, Diagnosis and Treatment, 12th ed (Norwalk, CT: Appleton & Lange, 1983 and 1987). Pages 35 and 259-263 cover carbon monoxide poisoning; pages 130-2, tobacco and nicotine; pages 385-7, anticoagulants, e.g., coumarin and warfarin.
c. Sondra Goodman, Director, Household Hazardous Waste Project, HHWP's Guide to Hazardous Products Around the Home, 2d ed (Springfield, MO: Southwest Mo St Univ Press, 1989). Page 99 covers poisoning by carbon monoxide, of which cigarettes emit 42,000 ppm , exceeding the 29 CFR § 1910.1000 average safe limit of 35 ppm).
d. Jay Arena and Richard Drew, Poisoning, 5th ed (Springfield, IL: Charles C. Thomas Pub, 1986). Pages 216-217 cover nicotine; pages 308-312, carbon monoxide; page 999, which lists coumarin, says, ominously, "see Warfarin," page 1007.
8. Due to cigarettes' deleteriousness,
11. Cigarettes' toxic chemicals impair impulse and ethical controls. Cigarettes are the delivery agent for nicotine, the gateway (starter) drug on which children are first hooked (average age 12). Alcohol follows, average age 12.6; then marijuana, average age 14. See DHEW Research Monograph 17, supra, page vi; Fleming, et al., "The Role of Cigarettes in The Initiation And Progression Of Early Substance Use," 14 Addictive Behaviors 261-272 (1989); and the Department of Health and Human Services Book, Preventing Tobacco Use Among Young People: A Report of the Surgeon General (1994). Page 10 supports law enforcement, saying, "Illegal sales of tobacco products are common."
12. "Smoking prevalence among active alcoholics approaches 90%." Hayes, et al., "Alcoholism and Nicotine Dependence Treatment," 15 J Addictive Diseases 135 (1996). So smoking leads, in turn, to promiscuity ("candy is dandy, but liquor is quicker"), pregnancy, abortion, not to mention drunk driving--as police oft see.
13. Once the foregoing process occurs, tobacco's role in crime results. This role has been cited many times by judges since the Auburn Report (1854).
Cowell and Hirst, "Mortality Differences Between Smokers and Nonsmokers," 32 Transactions of the Society of Actuaries 185-261 (1980), Table 9, page 200, found a 9-1 smoker-nonsmoker suicide ratio, the same ratio as lung cancer.
16. The record shows that all cigarettes are both deleterious and adulterated. The warning label itself states the deleteriousness. Grusendorf v City of Oklahoma City, 816 F2d 539, 543 (CA 10, 1987). In view of such facts and above-cited effects, the court can easily see why Michigan banned such a severely deleterious product, the No. 1 cause of suffering and death. Once banned, cigarettes with deleterious ingredients are illegal. Cigarettes are not to be here—no manufacture, no sale, no giveaway. Contraband is "any property which is unlawful to produce." Black's Law Dictionary, 6th ed, supra, page 322. Bringing cigarettes into Michigan is "smuggling."
Cigarettes are smuggled contraband. Plaintiff and accessory prosecutors should have been acting against this long ago.
17. Michigan took the lead in 1909. It followed the nineteenth century concept of criminalizing fraudulent sales, snake-oil sales, etc., not the buying. The concept was that criminalizing buying and use makes too many criminals, promotes disrespect for law, and punishes the victim of the fraudulent sale. This is especially true with children, below the age of maturity and consent to even make contract decisions. We criminalize leaving one's refrigerator outside with the lock on (MCL § 750.493d, MCL § 28.761(4)), not the act of falling prey to it. By banning the gateway drug, not a post-gateway drug such as alcohol, MCL § 750.27, MSA § 28.216, avoids the error of Prohibition, and puts personal responsibility on those with most knowledge of the contraband substance (manufacturers and sellers), not on unwary consumers, often children. Michigan's well-reasoned law is an example for the nation.
WHEREFORE, to prevent or moot most or all suicide, as one of the many cigarette effects, please enter an order compelling enforcement of MCL § 750.27, MSA § 28.216, specifically, ordering prosecution of tobacco company perpetrators of assisted suicide via the illegal manufacture, give away, and sale of the cigarettes prohibited thereby, as a condition precedent to prosecutions of anyone other than same.
Garry Wills, "At least Kevorkian Tells His Clients They Will Die," Detroit Free Press, Thurs, 16 Nov 1995, p 11A. (Identifies pushers as "slow-motion Kevorkians"; says "cigarette peddlers are worse than Kevorkian"; "killing is what they do" [see murder precedents]; they "get people hooked [addicted, and brain-damaged] so they will have impaired faculties [abulia] for choosing" [denying free choice]; they commit "obstructing access to an informed decision" [tobacco taboo and advertising]; "Kevorkian . . . at least practices truth in advertising . . . means to kill you, he tells you so . . . cigarette companies do it while denying").
"Thank You For Not Smoking," by Gordon L. Dillow, in 32 American Heritage 94-107 (February-March 1981). Page 103 discusses bribery of officials.
"In the 1800's, antismoking was a burning issue," by Cassandra Tate, in 20 Smithsonian 107-117 (July 1989). Page 115 discusses bribery of officials. Although both articles also contain pro-tobacco disinformation, making the admissions of large-scale bribery more persuasive, the criminal prosecution and conviction of a sheriff for taking bribes to not enforce another cigarette-related law is objective fact without pro-tobacco hype, United States v Sheriff Goins, 593 F2d 88 (CA 8, 1979). No ignorance plea by the pushers is allowed: as long ago as 1914, Thomas Edison cited one of the many factors/chemicals causing cigarettes' deleteriousness -- acrolein. For more information, see the prevent suicide website. For more information on the victim-blaming syndrome, see our victim-blaming website exposé, showing how sys For broader-based information on governmental corruption and bribery of officials and judges that has an impact on societal ills including suicide, click here. For precedents on murder, click here. For an early assisted suicide-type case, see Com of Massachusetts v Bowen, 13 Mass 356; 1 Am St Trials 108-113 (21 Sep 1816) (citing 4 Black Comm 186) (advising prisoner)
Extradition of Non-Enforcers>
Exec Order 1992-3
Law Support Letter # 1
Anti-Cigarette Smuggling Finding
Law Support Letter # 2
The safe cigarettes law tells tobacco companies not to discriminate against smokers, don't make them the only group regularly sold a dangerous product that kills when used as designed. The safe cigarettes law, a smokers' rights law, also protects nonsmokers' rights, as the deleterious emissions that nonsmokers object to, arise from the deleterious ingredients.
After reading the petition, brief, etc., if you sincerely want to help prevent the No. 1 cause of disease, and its resultant suffering; if you truly want to prevent suicide by getting the safe-cigarette law enforced, thus prevent 90% of suicides, please read our prevent-suicide website and then write to the
(a) Governor (Sample Letter in the Prevent-Suicide Website) asking him to enforce the law, and
(b) Michigan Attorney General (Sample Letter in the Prevent-Suicide Website) asking her to do likewise.
In addition, ask the State Police and your local sheriff and police chief to have the law enforced.
To prevent the cigarette-caused suffering that leads to 90% of suicides, urge officials (legislators and governors) in all states to copy Michigan's law. And urge U.S. Senators and Representatives and the President to do likewise. We don't just need "fires-safe" cigarettes; we need safe cigarettes, period. Cigarettes should be like any other product, safe ones, or no sale until they are. Let's end tobacco company discrimination against smokers.
Since the above petition and brief were written, prosecutors and the Governor continued their mass refusal to enforce the suicide prevention law. Tobacco money can buy off law enforcement, be assured. Instead of tobacco pushers being in prison for causing suffering, Dr. Kevorkian is. For a recent narrative, see Jack Lessenberry, "Kevorkian: The Final Days," 4 Hour (#7) 48-55 (July 1999).
In August 1999, a Kevorkian associate, Dr. Georges Reding, was indicted in New Mexico on a similar charge. Our reaction is similar, exposing the hypocrisy.
Its Basis and Prevalence in America
Here's a headline we'll never see:
And why won't we see this headline? He's too honest. He couldn't bring himself to bribe judges to stay out of jail; he certainly won't bribe them to get released. (Oops, my error, mea culpa, the term is "makes campaign contribution to.")
Here's another headline we'll never see:
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