Jonathan Barnett’s “Open Letter to ‘Nora’” is rife with problems, errors and lies, not least of which is that it was written from a completely emotional state of mind rather than from an intellectual one. Perhaps Mr. Barnett’s emotional state explains why he got the name of his intended wrong and called her Nora instead of Dora. More likely, it is a manifestation of Mr. Barnett’s poor attention to detail and amateur writing skills. But that is the least of Mr. Barnett’s errors.
Below are 7 unsubstantiated claims in Mr. Baker’s most recent blog post, most of which are Mr. Baker’s standard regurgitations. I am offering a $1,000.00 Award to anyone who can provide proof to validate these and similar claims. I will even pay the money to Mr. Baker himself if he will provide the proof I have been asking him for the past two years.
For someone who constantly brags about their law enforcement background and accomplishments, Mr. Baker is woefully ignorant of actual laws. During the Andre Davis Trial which was blogged live by wlwt.com journalist Travis Gettys and I wrote about here, Mr. Baker constantly misrepresented the law. For example, Mr. Baker repeatedly said the lab techs that tested Mr. Davis’ blood were the accusers in the trial and should testify so Mr. Davis could confront his accusers. That is completely false. Yet that did not stop Mr. Baker from expounding on this misinformation and saying that this violated Mr. Davis’ constitutional rights. Again, that is blatantly false. The accusers were the women who Mr. Davis potentially infected and they all testified and were subjected to cross examination.
Now Mr. Baker has written a new post at his OMSJ site in which he writes:
The failure to disclose a potentially deadly infection prevents victim from giving consent. Under most circumstances, non-consensual sex is considered rape. (emphasis Baker)
First let me give Mr. Baker props for admitting that HIV is “a potentially deadly infection”. This is a big step for him and should be commended. But that does not mean we can give Mr. Baker a pass on his comparison of Non-Disclosure of HIV Status to rape. HIV Criminalization laws stigmatize and de-humanize those who are HIV positive as it is. Do we really need to compare them to rapists as well? Rape connotes anger and violence and therefore denotes HIV+ people as angry and violent. However, the egregious nature of Mr. Baker’s statement does not end there. Mr. Baker also implies that no one in his or her right mind would ever consent to an intimate physical relationship with an HIV+ person if they themselves were not also HIV+. This is not only false, but highly offensive. My last two long term relationships were with HIV= individuals. Of course I must disclose that I am completely irresistible.
Of course Mr. Baker has an agenda. He has made it quite public that he supports the belief that HIV is not pathogenic. But that does not excuse his blatant obfuscation of laws. Complete mangling of the law is inexcusable especially when a person presents themselves as credible based solely on their investigative experience as Mr. Baker does:
To the issue of credibility, I honorably served as a US Marine and LAPD officer and licensed investigator since 1980. Despite thousands of criminal, civil and military investigations, I have never been accused of misconduct by any credible source.
Despite the fact that having been a US Marine is completely irrelevant, that statement is not exactly true. And if Mr. Baker is so certain of his honor, why supply the caveat “by any credible source”? We all know that Mr. Baker was charged with Police Brutality and lost the initial case. The conviction was only overturned on appeal based on a technicality that the District Attorney compared Mr. Baker’s violent attack to the Rodney King beating, potentially biasing the jury. By that standard it must be noted that the person who originally accused Mr. Baker of misconduct, the jay walker whom Mr. Baker handcuffed, beat, knocked to the ground, kicked in the ribs and dragged ten feet by his pony tail, was never impugned as not being credible. But hey, let’s ignore this one little bit of memory lapse. Mr. Baker always does.
If we do accept this statement and consider Mr. Baker as credible and honorable, then Mr. Baker himself must understand why we cannot tolerate his obvious, intentional bastardization of the law. We must also require Mr. Baker to do more than simply give lip service to all the outlandish statements he makes. Consider this:
While I know little about microbiology, I know when government officials are lying or obfuscating the truth.
Although I am happy to finally see a semblance of truth from Mr. Baker (regarding his microbiology knowledge) I still cannot simply accept his word that he knows “when government officials are lying”. Unless, of course, it is because he is such an adroit liar himself then he is certainly an expert. Mr. Baker needs to realize that simply saying something is true does not make it so. He may indeed be able to fool some of his most ardent fellow HIV dissidents regarding his involvement in HIV Criminalization Cases. But his refusal to supply any evidence only proves him to be a complete fraud to discerning skeptics and will not win him any new fans in the long run.
I acknowledge that Mr. Baker has an agenda and is attempting to use the court system to validate his erroneous beliefs to the world, but disregarding the truth is not the way to do it.
Office of Medical and Scientific Justice: Reach, Impact & Influence
Posted: January 27, 2012 in UncategorizedClark Baker claims that OMSJ is incredibly important, powerful and influential. It is so powerful and influential that Mr. Baker recently claimed he and his OMSJ are the sole catalyst for all humanitarians around the world to begin the work of decriminalizing HIV laws. Because of these immaculate claims, I thought it would be interesting to take a look at just how much traffic he gets at his website and therefore just how much influence this site truly has.
I was amazed to find that the Alexa Ranking for OMSJ.org is quite abysmal indeed. Mr. Baker’s OMSJ.org site, which includes HIV Innocence Group, has an Alexa Ranking of 1,761,973. That is terrible. For a comparison, let’s look at other single blogger sites in the HIV/AIDS realm:
- OMSJ.org = 1,761,973
- HIVSkeptic = 1,054,383
- ResistanceIsFruitful = 853,807
- DenyingAIDS = 780,491 an HIV orthodox site
If you are not familiar with how Alexa ranks websites, let me explain. It does not merely tally up the number of visits per day, it also relies on the number of “clicks” each visitor makes as well as other sites that link into a particular site. For instance, Mr. Baker has 179 other sites that link to OMSJ.org. That is very impressive. So why does it not translate to a higher ranking? If a site has many other sites linking in, and still has a terrible ranking, this is even more telling of just how pathetic a site’s reach and influence truly are.
Another driving factor that increases a site’s Alexa Ranking, as I said above, is the number of clicks each visitor makes. And Mr. Baker’s site is set up in such a way that this feature alone should sky rocket his site’s ranking. For instance, every post at OMSJ.org only shows the title of the post and two or three sentences. Each visitor must click the post to read it. But that is just the beginning with OMSJ.org. Each post literally contains 40% of hyperlinks. For a reader to really understand what Mr. Baker is trying to convey, it is necessary to click on most if not all of those hyperlinks.
Lastly is the number of new posts. The more times a blogger posts new content, the more often a visitor is likely to return. OMSJ.org has been up and running for several years which is plenty of time to garner a loyal following. And Mr. Baker adds new content several times a week. So again I must ask, why does all of this not translate to a better Alexa Ranking?
It’s quite interesting to see that among the sites that deal with HIV/AIDS dissidence, the top ranked site is an “orthodox” site. This tells me that more people like to get their information from a reputable, credible source. And if you look closely at Denying AIDS, you will see that it does not try as hard as OMSJ does. It does not have extensive hyperlinks nor does Dr. Kalichman add new content very often. No, Denying AIDS simply gets much more traffic from people who want information from an educated source, not from a conspiracy theorist who lies incessantly.
This is just one more bit of evidence to prove just how delusional Clark Baker is.
Case: Sgt David Gutierrez
This is the case of a U.S. Air Force Officer who tested HIV+ and potentially exposed hundreds of men and women to the virus by attending swingers parties with his wife and gay bath houses by himself. The defendant was found guilty and sentenced to 8 years in prison. Clark Baker has filed an appeal based solely on the defense not accepting an offer of help from OMSJ and not for any legal justification. Clark Baker accuses the defense attorneys of conspiracy, incompetence and no interest in putting on a rigorous defense:
From the time OMSJ Director Clark Baker received word of the case, USAF officials resisted OMSJ’s efforts to assist. From August 30th through January 7th 2011, Whiteman Air Force Base (AFB) Area Defense Command (ADC) showed little interest in defending their client from charges that threatened to end Gutierrez’ honorable 20-year career and send him to Fort Leavenworth Federal Penitentiary for life.
However, Mr. Baker provides an email from defense counsel which clearly states that this is a flat out lie:
“I appreciate your time, but at this time, based on defense decision and informed client consent, we will not be needing your services.”
The email from Captain Aaron Mannes states that it was “based on defense decision and informed client consent…”
According to Clark Baker’s own words, it seems as if the defense counsel was well aware of Clark Baker’s lack of credibility and crack pot theories:
Clark Baker has made the outrageous claim that the change in policy regarding HIV Criminalization in the U.S. and the world is a direct result of his supposed success in 38 HIV cases since 2009 via his Office of Medical and Scientific Justice:
OMSJ Victories Raise Humanitarian Complaints
Mr. Baker egotistically claims that he started his HIV Innocence Project (now Group) in 2009 and lo and behold in 2010 the rest of the country and the world followed suit.
Despite 25 years of criminal prosecutions against hundreds of factually-innocent men and women, US and UN officials – along with pharmaceutically-funded gay activists – are suddenly calling for the end of all HIV-related criminal prosecutions. Their demands coincidentally began months after OMSJ began to expose HIV experts as incompetent in several prominent criminal trials. (emphasis mine)
Mr. Baker even claims that the Obama Administration announced a major change in its HIV/AIDS policy producing a 60 page document in 2010 called National HIV/AIDS Strategy for the United States all because of Mr. Baker’s successful track record regarding HIV Criminalization cases since 2009.
Beginning with the Obama Administration and United Nations in 2010 and members of Congress a year later, lobbyists and activists have suddenly decided that the prosecution of HIV-patients violates basic human rights (emphasis Baker) and should stop immediately…human rights only became an issue after (emphasis Baker) OMSJ began to expose “HIV experts” as unapologetically corrupt or, at best, grossly incompetent. OMSJ’s success exposes the 30-year hoax and threatens a wave of multistate class-action lawsuits against thousands of incompetent clinicians throughout the US .
Here is the problem with Mr. Baker’s assertions: as usual, he is completely full of shit.
I can justifiably go back to 2002 to prove that Mr. Baker is undeniably wrong by presenting this document from UNAIDS, the Joint United Nations Programme on HIV/AIDS:
Criminal Law, Public Health and HIV Transmission: A Policy Options Paper Geneva, Switzerland June 2002
Just a sample from the table of contents from this 52 page document shows not only was the U.S. way ahead of Mr. Baker on this issue, but the rest of the world was as well:
Guiding principles
· Best available evidence should be the basis of policy
· Prevention of HIV must be the primary objective of the policy of criminalization
· Policy must respect human rights
· Infringements of human rights must be adequately justified
Broader policy considerations
Difficulties with proof
Possible detrimental effect on public health initiatives
(1) Reinforcing HIV/AIDS-related stigma
(2) Spreading misinformation about HIV/AIDS
(3) Disincentive to HIV testing
(4) Hindering access to counseling and support
(5) Creating a false sense of security
Risk of selective prosecution
Gender inequality and criminalization
Invasions of privacy
There is also this 36 page follow up in 2007:
Summary of main issues and conclusions
International Consultation on the Criminalization of HIV Transmission
Joint United Nations Programme on HIV/AIDS
United Nations Development Programme
31 October – 2 November 2007
Geneva, Switzerland
In 2002, UNAIDS issued a policy options paper on this issue. In light of renewed calls for the application of criminal law to HIV transmission and concerns raised in this regard by the UNAIDS Reference Group on HIV and Humans Rights and others, UNDP and the UNAIDS Secretariat decided to bring together a number of legal experts and other concerned stakeholders to discuss this issue in the context of an effective human rights and public health response to HIV.
Moving along chronologically is this document distributed in 2008 (researched/data compiled since 2006):
Ten Reasons to Oppose the Criminalization of HIV Exposure or Transmission
Date: December 1, 2008
Open Society Institute
While these issues must be urgently addressed, a closer analysis of the complex issues raised by criminalization of HIV exposure or transmission reveals that criminalization is unlikely to prevent new infections or reduce women’s vulnerability to HIV. In fact, it may harm women rather than assist them, and negatively impact both public health and human rights. This document, co-produced by OSI, provides ten reasons why criminalizing HIV exposure or transmission is generally an unjust and ineffective public policy. It has been endorsed by leading human rights, AIDS, and women’s organizations and networks throughout the world.
All the above information adequately proves that Mr. Baker is completely wrong in his assertion that he is the Supreme Instrument of Change regarding HIV Criminalization in the U.S. and the world. But let’s look specifically at Mr. Baker’s claim regarding the U.S. and the Obama Administration. Even though National HIV/AIDS Strategy for the United States was published in 2010 it was inspired by research from Scott Burris et al published in 2008:
In July 2010 the White House announced a major change in its HIV/AIDS policy, a change informed by public health law research carried out by Scott Burris, professor of law at Temple University and the director of the Public Health Law Research program. The official National HIV/AIDS Strategy for the United States concluded that “the continued existence and enforcement of these types of laws [criminalizing HIV infection] run counter to scientific evidence about routes of HIV transmission and may undermine the public health goals of promoting HIV screening and treatment.”
Evaluating the Impact of Criminal Laws on HIV Risk Behavior Scott Burris, JD 2002
Do Criminal Laws Influence HIV Risk Behavior? Scott Burris, JD 2007
The Criminalization of HIV: Time for an Unambiguous Rejection of the Use of Criminal Law to Regulate the Sexual Behavior of Those with and at Risk of HIV Scott Burris, JD 2008
HIV is a Virus, Not a Crime: Ten Reasons Against Criminal Statutes and Criminal Prosecutions Scott Burris, JD 2008
The Case Against Criminalization of HIV Transmission Scott Burris, JD 2008
Ten Reasons to Oppose the Criminalization of HIV Exposure or Transmission Scott Burris, JD 2009
I should also note the existence of an extremely comprehensive blog started by Edwin J. Bernard in 2005 simply titled HIV Criminal Transmission Blog. This blog constitutes specific laws and cases from around the world including the history of HIV Criminalization laws. Edwin J. Bernard also literally wrote the book on this subject, again titled HIV Criminalization and was published in 2007.
Here is a very interesting history of HIV Criminalization by James B. McArthur published in the Cornell Law Review 2009:
As The Tide Turns: The Changing HIV/AIDS Epidemic and the Criminalization of HIV Exposure
Mr. McArthur concludes that making new laws have proven to further stigmatize those with HIV and that current laws should be adequate. New, HIV specific laws lead to stigma, discrimination and fear as well as serve to deter people from being tested.
All of this information is simply a drop in the ocean regarding the research, discussion and evolution on the topic of HIV Criminalization Policy in the U.S. and the world. This discussion has been going on for almost as long as the disease has been identified. For Mr. Baker to claim to be even remotely responsible is egotistical at best and ridiculously delusional at worst. . My point is further driven home by this very website which meticulously details that Mr. Baker has not even been involved in many of the cases he lists at his OMSJ site. How can he possibly claim victory for something he has not even been involved with? I could not have asked for better proof that Mr. Baker is a complete and utter fraud lacking not only an ounce of truth, but a smidgen of integrity or dignity as well.
The recent Nature.com article by Zoe Corbyn regarding Duesberg’s overworked re-worked paper that was published in a small time Italian peer reviewed publication had quite the busy comment section. At least it did until the moderators at Nature saw the libel, slander and defamation posted there mostly by Clark Baker and made the smart decision to shut down the comments. This of course has Mr. Baker crying foul. Fortunately for us, Mr. Baker is such an ego-maniacal gas bag that he saved some of his comments and posted them for us at his OMSJ site. Although at second glance, I guess even Mr. Baker saw the potential lawsuits he had made for himself and left off the many comments where he directly called people meth addicts, meth trannies and other worse, pointless and unsubstantiated lies.
However, because Mr. Baker’s ego is so overblown, he left at least one very big lie AND he provided a link to prove that it was a lie:
From: donotreply@nature.com [mailto:donotreply@nature.com]
Sent: Monday, January 09, 2012 1:33 AM
To: OMSJ
Subject: [Nature News] Your post has been hidden
Dear Clark Baker,
The following post you wrote on the Nature News website has been hidden by the moderator in accordance with our terms and conditions.