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Location: UFOUpDatesList.Com > 1997 > Nov > Nov 7

Frost vs. Perry

From: jared@valuserve.com (Andromeda.net- Anderson, Jared)
Date: Thu, 06 Nov 1997 12:17:06 -0700
Fwd Date: Fri, 07 Nov 1997 08:55:51 -0500
Subject: Frost vs. Perry

(My report on a first hand account of court case in San Francisco
which I attended. [inserted by ebk after query on source])

HELEN FROST vs. WILLIAM PERRY

THE NINTH CIRCUIT COURT OF APPEALS

11/5/97

The case of government workers exposed to hazardous waste at the Groom
Lake facility at Area-51 went to the appellate court this morning in
San Francisco. The 3 judges presiding were Harlington Wood jr., Pamela
Rymer, and A. Wallace Tashima. The lawsuit which began in 1994 was
originally directed towards three individuals, Defense Secretary
William Perry, National Security Adviser Anthony Lake and Air Force
Secretary Sheila Widnall of the DOD and Carol Browning of the EPA.
Jonathan Turley is the sole lawyer representing a group of plaintiffs
consisting of base workers the primary of which is Helen Frost
representing her deceased husband Robert who died due to complications
resulting from exposure to toxic substances. Walter S. Kasza who also
died since the inception of the lawsuit in 1994 is being represented
by his widow Stella. The additionial plaintiffs remain anonymous.
Turley made a passionate plea for the opportunity to prove criminal
activity by base administrators in a court of law. Due to limited
time, Turley only touched on 2 of the 11 issues presented on appeal
directed by the affidavits from his clients.

Judge Rymer continued to ask "which facility was in question?" The
judge's lack of clarity about the priniciple facility may have been
compounded by the assertions of Air Force attorney Colonel Richard
Sarver in the District Court hearings where he stated that the
facility at Groom Lake was run by the Department of Energy, was not a
military asset, and was not called Area 51. Turley responded by saying
that he presented evidence indicating that all of Sarver's testimony
was false and there was no dispute about which facility was in
question in the District Court case. Turley stated that the government
was lying both in and out of court at least 5 times during his
rebuttal making constant reference to how no one in the
government acknowledged the existance of Project 51 (Area 51 operating
project name). Judge Rymer also expressed concerns over whether Turley
would be able to prove guilt since state secerts had been applied
to protect the facility. Apparently the government did not appeal the
District Court's decision but elected to take exemption. Turley
disagreed with Judge Rymer and made several vague assurances that he
could prove guilt and pleaded for the chance. The judge in turn stated
lack of existing evidence in discovery requests indicated the case
could not be tried. Judge Rymer asked Turley point blank "If you had
hard proof that hazardous waste exists at the base, what would you do
with it?" contending that Turley could not prove guilt by association.

Turley faced four government lawyers for the defense the first
of which to speak was Justice Department lawyer Robert Klarquist who
made a number of brief but succinct responses to Turley's contentions
including that Congress should not be forced to release classified
information as a routine matter in the case. Klarquist contended this
was a clear conflict between national security and environmental law.
The next defense lawyer to speak was James Kilbourne also from the
DOJ. Kilbourne stated that a 3 year DOJ evaluation of the case
revealed that no prosecution was necessary based on the available
evidence.

After the court recess Turley answered questions for reporters in
front of court building. The media frenzy included a full news crew
from KLAS TV Las Vegas with front man George Knapp asking Turley
questions on camera. Knapp also attended the appeal along with a
number of other reporters all of which furiously scribbled notes while
the attorney's made their arguments. Turley told reporters that
biopsies of Robert Frost's tissue were sent to labs at Rutgers which
determined that his body had been saturated which TCE
(trichloroethyline) and that he had satellite photos of waste dumps at
Groom Lake in his possession. Turley stated that if guilt is proven
the ultimate burden will fall on president Clinton's shoulders as he
will have to be accountable for crimes committed by a "black" facility
that he exempted from environmental laws through executive order but
conversely did not exempt from the disclosure provision.I asked
Turley to respond to the assertions made by Washington Lobbyist
Stephen Basset on a national radio talk show this week alleging that
the government had attempted to "classify" him, his practice and his
office. He stated that it was all absolutely true and that he had been
threatened numerous times and told not to speak to the media etc. He
humoursly stated that he couldn't even get a janitor into to his
office to vacuum it. Results of the appeal hearing are pending...



Jared



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