OMSJ Money Beg for Sgt. David Gutierrez; Distorted Facts and Outright Untruths

Oh how I wish I could use the “L” word to describe Clark Baker. But that would be legally actionable so I can only make the major understatement that he is less than truthful. Take for example Baker’s money beg in the name of OMSJ to allegedly help Sgt. David Gutierrez. The title alone has two false statements:

US Air Force veteran has been imprisoned in Fort Leavenworth since 2011 on false charges of exposing others to HIV. He’s not infected.

1. There were no “false charges of exposing others to HIV”. Gutierrez does have HIV and this fact was never disputed in court in the original trial. And on appeal, the defense supported this fact by discussing Gutierrez’s viral load. Also, Gutierrez had sexual, unprotected intercourse with women at swinger’s parties thereby exposing them to HIV. The defense even presented witnesses and witness affidavits supporting this fact.

2. “He’s not infected.” Gutierrez is infected with HIV. Again, this was never disputed in court and Baker proudly boasts that he thinks HIV tests are worthless, meaningless and fraudulent. This is even the cornerstone of his defense strategy.

The next two untruths are also about Gutierrez’s HIV infection:

3. Despite the fact that he was never competently diagnosed with HIV…

4. OMSJ found no evidence that he was infected with any infectious disease and found no evidence that he ever was.

Again, Mr. Baker has no credibility when it comes to HIV infection. He is an out and proud HIV Denialist. Mr. Baker has made it quite clear that in all the HIV cases he has (supposedly) worked on, he has never found one, single person to be “competently diagnosed with HIV”. Baker has also claimed that in each and every case, “OMSJ found no evidence of HIV infection”. These statements are not at all surprising coming from a man who claims that HIV tests are “worthless, fraudulent and meaningless”. Every time Mr. Baker makes some grand pronouncement that a defendant has “never been competently diagnosed with HIV” and/or “OMSJ found no evidence of HIV infection” only makes Baker look like the ridiculous hypocrite he is. If Baker doesn’t believe in the HIV testing methodology, then just what would it take to satisfy Mr. Baker regarding proof of infection?

This next statement is completely false:

5. Last February, the US Court of Appeals for the Armed Forces ruled in his favor 5-0, based upon the findings of OMSJ’s defense team.

This untruth is easily verifiable because there is an audio link to the court proceedings in the appeal. I have discussed the court audio previously and supplied a link to the audio. In this audio we clearly hear defense attorney, Kevin McDermott laying out his client’s defense using solid, current, orthodox science about HIV tests, the success of HAART in suppressing viral load and transmission rates. And you can read the judgement for yourself. The appeal ruling turns on transmission rates given by HIV expert Donna Sweet as well as supporting information from the Centers for Disease Control. It had absolutely nothing to do with “findings of OMSJ’s defense team.” That is complete non-sense.

NOTE: You can read all about the case at this military blog.

The last statement is a whopper of untruth:

6. At the same time, corrupt doctors working for so-called HIV co-discoverer Robert Gallo MD have filed a lawsuit and expensive motions in an effort to bankrupt OMSJ and prevent them from effectively defending Gutierrez.

This is completely false. Mr. Baker is involved in two lawsuits. The one he filed against me is over. Baker lost his last appeal. The only on-going part of our suit is an appeal my attorneys initiated to recover fees. They plan to show that Baker’s suit against me was completely frivolous and wholly without merit.

The other lawsuit involving Mr. Baker is one with Dr. James Murtagh. Baker is the defendant in this suit and it has nothing to do with HIV. It was brought solely by Dr. Murtagh in response to Mr. Baker’s alleged on-going harassment of Dr. Murtagh and his employment. Baker has called Dr. Murtagh a “corrupt doc” in the past so I am sure he is referring to the suit with Dr. Murtagh here. Although it is hard to be certain because Baker accused me of being a puppet of Dr. Gallo, the entire AIDS Truth team as well as all of Big Pharma in his lawsuit against me. Of course Mr. Baker provided zero proof of this grand conspiracy theory and two courts ignored it as such. And to think that anyone would file a lawsuit for the sole purpose of stopping the defense of Sgt. Gutierrez, or anyone else for that matter, is simply more of Baker’s conspiracy theory non-sense.

To anyone who is seriously considering donating to this “cause”, I would suggest you take all of this into serious consideration. Why would Mr. Baker resort to such hyperbolic grandstanding and outright misinformation? And if you do donate, I would strongly suggest you demand some transparency about what exactly Mr. Baker does with the money. Mr. Baker has never been transparent in the past. After all, his guidestar report for 2012 & 2013 shows contributions totalling $888,546 but nowhere has Mr. Baker ever divulged where one cent of that money has gone. Besides, I thought OMSJ was a non-profit and Mr. Baker was doing this work pro-bono.

If Mr. Baker truly wants to take responsibility for Sgt. Gutierrez’s appeal, I would assume he would see this through to the very end and would have taken into account the money necessary to do so. Or perhaps this is like the Bobby Russell Case where Mr. Baker claimed he had spent $100 Grand on the case but bailed when a paltry $12,000 was needed to go forward. It seems Mr. Baker has a history of bailing on people after they have outlived their usefulness.

Or perhaps it is more sinister than that. Elizabeth Ely had a some serious advice for one person considering asking Clark Baker for help:

Elizabeth Ely
Elizabeth Ely

At the very least, talk to the most experienced people in this. I’d start with a phone call to Clark Baker.
And don’t piss him off by getting advice and not following it.
Elizabeth Ely
Elizabeth Ely

It doesn’t matter anyway; Clark Baker and OMSJ only work with clients who follow his instructions to the letter.

No matter what one thinks about Clark Baker and the supposed success of OMSJ or his now abandoned HIV Innocence Group, I would ask some serious questions before donating to Baker in any way. Of course they might as well be rhetorical questions because Mr. Baker answers to no one.

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