I obtained a copy of Michael Thomas Gargiulo's opposition motion (filed on October 10) to the People's motion in limine regarding statements made during the "Perkins Operation" at the El Monte Jail.
It's clear that Gargiulo had help in preparing this motion because his access to the jail's law library was rescinded, nor does Gargiulo have a computer or a typewriter in his cell. I'm guessing that help could have come from his court appointed investigators or possibly from a legal advocacy group.
Gargiulo's next court appearance is November 7, 2014.
Friday, October 17, 2014
Friday, October 10, 2014
Michael Gargiulo Case: Pretrial Hearing 23
Michael Thomas Gargiulo, in custody, date unknown.
UPDATE 10/12: edited for clarity, grammar
Friday, October 10, 2014
The 9th Floor
I arrive on the 9th floor about 8:15 am. Chris Nicely is here before me. He’s wearing his standard sweater vest. Chris is a handsome man with a perfectly trimmed mustache and beard.
I stop and say hello and to chat about both of us being lefties. I then move down to another bench beside the only electrical outlet in the hallway. Right behind me is DDA Garrett Dameron. He stops to chat with Nicely, too. The lobby was empty downstairs and the hallway on 9th is empty too. Just a scattering of people from the general public and an occasional attorney.
Christian Filipiak arrives and chats with Chris Nicely in the hallway. When Dept. 108 is finally opened, I follow the two defense investigators inside.
Inside Dept. 108
Judge Ohta is on the bench, without his robe. He’s chatting with counsel in the well. It’s a prosecutor I’m not familiar with. I get transfixed at Judge Ohta’s tie, a nice contrast against his white shirt. It’s a vibrant diamond check pattern; the colors a blend of turquoise, gray and black.
The pretty court report comes out from the back jury area rooms and sits at her desk in front of the witness stand. I look longingly over at the large container of Red Vines at the far edge of the clerk’s desk. Red Vines were a favorite sugar fix, back when I used to eat sugar.
Judge Ohta’s clerk is at her desk. Filipiak approaches the clerk and they exchange greetings. He may have dropped off a thick stack of papers; I’m not positive.
Judge Ohta chats about the time he worked at a law firm. Judge Ohta says something to the effect that lawyers are treated “badly,” and that people see lawyers as a “necessary evil.” Now counsel and the judge are discussing medical issue cases, and what is a “reasonable standard of care.” I believe it’s Judge Ohta who comments that reasonable standard of care doesn’t necessarily mean “no issues” arise from that reasonable standard.
I notice over at the clerks desk, a white bakery box. It’s not perfectly square, but rectangular and tall. There are a stack of napkins on top of the box.
8:45 AM
Judge Ohta steps away from the bench. His bailiff is immersed in his smart phone. I believe Gargiulo’s investigators are discussing a sports issue, or players in a specific sport. I don’t know which. A woman enters wearing a gray dress and a black suit jacket. She stops to chat with the bailiff then takes a seat in the third row. The attorney at the prosecution table is intently perusing his smart phone.
Judge Ohta emerges and asks his clerk for the Gargiulo file, prosecution motions. A youngish looking defense attorney shows up for a hearing in the other case. A tall, bald mustached man enters the courtroom, looks around and then leaves. The defense attorney who just arrived and the prosecutor in the well go over their calendars. Afterwards, the defense counsel goes back to the holding area. It’s almost 9 AM.
The bailiff leaves his desk and takes a peek into the bakery box.
Judge Ohta, still unable to find the specific prosecution motion he’s looking for tells his clerk, “What I’m looking for is [not?] to admit certain types of evidence. ... It would have been more recent.” Judge Ohta goes into the back chamber area and comes back out in his robes. The defendant is brought out in the other cases and there is a brief hearing. That case is continued until Dec. 5th.
In glancing over at the jury box, I note there’s something on each of the jury box seats. I stand up to take a better look. On every seat, there are these very large three-ring binders and a note pad. I’ve never seen binders that huge. It’s evident Judge Ohta is in trial.
9:17 AM
DDA Garrett Dameron arrives and starts to set up his files. I overhear snatches of Dameron’s conversation with Filipiak, regarding Gargiulo’s desire to fight the Sheriff's decision to revoke some of his pro-per privileges.
A deputy Sargent enters and goes over to chat with Judge Ohta’s court reporter. It looks like they are ready to get Gargiulo.
9:25 AM
DDA Daniel Akemon is not here. It’s just DDA Dameron. Gargiulo is brought out. He’s still completely clean shaven and there isn’t a trace of hair on his head. He’s wearing his black plastic framed glasses. He’s still in the orange jumpsuit with the white long-johns top underneath. Gargiulo leans in to chat with investigator Filipiak. He appeares to walk normally.
Judge Ohta goes on the record in People v. Gargiulo. The court states that Mr. Gargiulo has filed an opposition to the people’s motion in limine to the Perkin’s Operation. It appears Gargiulo's motion is seeking to argue now, and not in limine. Judge Ohta still hasn’t been able to find a copy of the people’s motion to admit evidence from the Perkin’s Operation. DDA Dameron states they can make a copy and refile it.
Judge Ohta then thanks Gargiulo for filing his motion. “But, as I look at it, it would need to be handled at the time of trial.” DDA Dameron added that once the court looks at the people’s motion, he believes the court will see it as a true motion in limine, to be heard by the trier of fact.
Gargiulo tells the court that what the DA is doing is [underhanded?]. Gargiulo goes onto say that holding the “cell op” [cell operation] violated so many of his rights. "The DA’s used undercover detective agents that lied on the stand and I have proof to back it up." Gargiulo states that first there was mention of a video and then there was no video. Gargiulo states that these are violations that fall under a specific rule of law. I believe Gargiulo states that there is stuff that falls under, “Youngblood & Veretta.” I’m not positive I have the correct naming of the case Gargiulo is referencing. Gargiulo mentioned that these things happened a long time ago.
There is some discussion back and forth between Gargiulo and the court about the timing of the allegations that Gargiulo is alleging and what is the proper order, for these issues to be handled by the court. Gargiulo tells the court that he’s working his tail off and he’s not trying to slow the pace of the trial. Judge Ohta gives a Miranda example to Gargiulo to explain that, even though the Perkin’s Operation happened before the preliminary hearing, whether that evidence is admitted to trial would still be argued as a motion in limine.
The Miranda example Judge Ohta gives is, let’s say a defendant states his Miranda rights were violated and therefore statements he made should not be admitted at trial because the police violated his Miranda rights. That event happened long before the preliminary hearing yet it would still be argued as a motion in limine. Judge Ohta explains to Gargiulo, that “... in format, [it’s] sort of the same thing.” Judge Ohta doesn’t see how this relates to a 995 motion.
Judge Ohta explains in more detail the sequence in time, which motions are argued when.
Gargiulo then explains what he feels are more violations, “They [DA’s? Police?] violated the remove order and misled the [preliminary hearing] judge.” Gargiulo takes his right hand and slowly strokes the top of his shaved head from back to front. Gargiulo tells the court that this case is “... the complete opposite, ... so that’s why I’m doing it opposite.” Gargiulo is claiming that the removal [removal from LA Co. Sheriff’s custody to El Monte Police custody] should never have happened. Gargiulo states he’s asking for a new preliminary hearing because of all the violations. The court tells Gargiulo that he doesn’t think he has to oppose the statements coming in. “Simply file a motion to dismiss the case [995] because they didn’t follow the law or rules of evidence [at the prelim].” Judge Ohta then goes onto explain, “What you filed, is not something I’m going to hear until the time of trial.” He then states that once he reads the prosecution motion again, “I might do it, just to get some things done.” Then he adds, “If you intend to file 995 motion to dismiss, lets work towards that now.” Judge Ohta reminds Gargiulo that when Mr. Lindner represented him, Lindner began to put together his 995 motion and he filed papers with me.
Gargiulo states that he has those, but that there are several errors in them. Gargiulo then tells the court that he’s asking for an ex parte hearing with the court [DA not present] with his attorney. Judge Ohta reminds him that he represents himself. Gargiulo then clarifies that to mean with the defense team. Gargiulo tells the court he doesn’t want the DA to hear pertinent facts revealed to the DA. I believe Gargiulo states that he doesn’t want these facts used against him. This all has to do with issues that Gargiulo has with his stand by counsel, Charles Lindner.
Judge Ohta is firm in his reply. “I don’t need that revealed to me. ... Your pro per privileges have been restricted. ... The difficulties were explained to you. ... That’s in your domain. ... I won’t get into that.” I believe Judge Ohta then adds that the court is in contact with Mr. Lindner and if Gargiulo decides to rescind his pro per status, Mr. Linder can be back on the case immediately.
Gargiulo asks the court if he is aware of the letter that the Sheriff’s Office wrote to the court and that they are unopposed to reinstatement of his pro per privileges. Judge Ohta tells Gargiulo that he’s looked at it. He has it in front of him. Gargiulo insists that this letter is proof that the Sheriff’s are unopposed to Gargiulo having his privileges being restored. Gargiulo then rambles on about that there is a scam going on at the jail, and the FBI is involved. The court responds that he is not involved in the decision to restore Gargiulo’s pro per privileges. Judge Ohta then tells Gargiulo that the letter does not say they are seeking lifting Gargiulo's pro per restrictions. “It says they understood my decision.” Judge Ohta says he has a copy of the letter. He reads from it in open court. He explains to Gargiulo what the letter means. “This letter doesn’t say what you think it says.”
Gargiulo mentions that there are several higher ranking Sheriff’s that told him personally, that they are not opposed to reinstating all of his pro per privileges.
Gargiulo then tells the court that he was thinking about giving up his pro per status, but he’s not willing to get Mr. Lindner back. So that’s why Gargiulo was requesting a separate [ex parte] hearing. The court responds, “Your request is denied.”
At some point, Gargiulo explains that he's not able to do anything without access to the law library, access to witnesses, etc.
Judge Ohta explains the sequence of events, and what must happen. The only way to get a different attorney is a Marsden hearing and facts are presented at a Marsden hearing.
Gargiulo then tells the court that he had a meeting with Lindner [two months? ago]. “He told me I deserve to die.” Gargiulo makes more claims about Lindner, things that Lindner said to him and the “several issues” that he has with Lindner.
The court tells Gargiulo that “Mr. Lindner is not here to defend himself against accusations made against him.” The place to argue Marsden is Dept. 127. Judge Ohta tells Gargiulo, “What you are requesting is not legal.” Judge Ohta patiently explains to Gargiulo how it must go. He must first give up his pro per status, then he can go to Dept. 127 to have a Marsden hearing himself. Or, once the pro per status is rescinded, “If you have problems with him [Lindner] I will hear you out.” Meaning, that Judge Ohta would also hear a Marsden motion.
General waiver time is explained to Gargiulo again. Gargiulo asks for another month to see if he can get things straightened out with the jail, to possibly petition the Sheriff’s Office to reinstate his pro per privileges. Judge Ohta comments, “Sounds like you have some things to address.” Gargiulo responds, “Yes, I had a meeting with counsel with all the threats and things that occurred ...” He rambles on about something. I can’t follow it and Judge Ohta gets a puzzled expression on his face.
Gargiulo tells the court that he has things to try to work out with the Sheriff’s, to try to get all of his pro per privileges back. Gargiulo claims that the Sheriff’s are in violation of Code of Regulations, Title 15 [section?]. According to Gargiulo, a 90 day period is the limit that his pro per privileges can be rescinded. Gargiulo claims that under Title 15, 90 days is the maximum time that inmates can be held from their pro per privileges.
So Gargiulo needs some time to try to sort this out with the Sheriff’s Office.
The court asks for any input from the DA’s office. DDA Dameron states he has no objection, only that his concern is that they are back here in 30 days and they will be in the same place as before. DDA Dameron asks that that the court have the defendant work on the 995 motion.
November 7th is selected for Gargiulo to return to court.
After everyone is packing up, Gargiulo hands to the bailiff a handwritten sheet of paper. Gargiulo is now speaking to the court about this paper. Judge Ohta asks Gargiulo, “You’re saying medical personnel say you need bottled water?”
Gargiulo tells the court he is having problems with his prostate. He’s having trouble urinating. Medical personnel told him not to drink the county water in the jail. Judge Ohta tells Gargiulo that he would need to see something written from the medical personnel. Judge Ohta tells Gargiulo that he is not signing this order. The paper is given back to Gargiulo.
And that’s it.
Commentary
It appears Gargiulo is coming to a realization how difficult it will be to represent himself without all of his pro per privileges. I will try to obtain a copy of the motion that Gargiulo filed. As soon as I do, I will update this story with links to the document.
Saturday, October 4, 2014
Jahi McMath: Alive Again?
GUEST ENTRY BY KZ, a Certified Registered Nurse Anesthetist.
I asked KZ to weigh in on the recent developments in the Jahi McMath case. Enjoy! Sprocket.
T&T''s Jahi McMath Case Quick Links - Case Coverage.
Jahi McMath: Alive Again?
Well, I took one for the team, and subjected myself to watching most of the Dolan Law Firm press conference on JahiMcath last evening. It was an exercise in visual, auditory, and intellectual torture, IMO. I actually quit watching with 30 min to go, and I’m not sure if I have the fortitude to go back and finish it.
Here is a link to the video conference (skip to 13:47 to start—the first 13 min are set up and chatter by media).
Some of my observations:
Dolan had 9 months to prepare for this volley, and IMO, he was woefully unprepared, and tremendously disorganized—which is rather surprising for an attorney. He did have a few nice powerpoint picture slides—ones that any 6th grader could have put together in the 15 min before the press conference. He didn’t have control of his experts by phone, and had no idea what they were going to say, and how far into the weeds they would go when allowed to talk. They rambled on and on and on, and whatever salient points they had were very difficult to ascertain. (Maybe that was the whole point—“baffle ‘em with BS!”)
What I did glean is that the psychologist Elena Labkovsky who did the EEG, actually does not have any experience at all with doing EEG’s for establishing brain death. Her experience with EEG’s is in living patient with significant mental health conditions—which is highly, highly different from traumatic brain conditions. She is not a medical doctor, she is a psychologist—not even a psychiatrist. I highly doubt that she would be qualified as an expert in court for purposes of establishing brain death. Just because she knows how to hook up the electrodes to the patient and the apparatus, does not mean she is qualified to interpret the findings in a case such as this.
For example, a technician with a high school education can be trained to hook up an EEG or EKG machine, but they are not qualified to interpret the diagnostic test. Reputable medical centers do not use psychologists to administer EEGs to establish brain death, nor do they use psychologists to interpret the findings of EEGs in cases of acute brain injury. There is a place within healthcare for psychologists to consider the results of EEGs in the care of patients with mental health conditions, but this is not such a case, IMO. And as Dr. Arthur Kaplan commented in an article, he could detect some electricial activity in a bowl of jello. (If you doubt this, remember the potato- as- a- battery experiments and lemon battery experiments from grade school?)
Dr. Machado and Phillip Defina talked at length about brain stem function versus higher cerebral activity. This is where the conversation went far into the weeds, IMO. They both seem to embrace that total brain stem death is separate from higher cerebral death. If I understood their garbled audio correctly, they want the brain stem to be considered separately from the higher cerebral portions of the brain. (Again, reference the lemon battery experiments above for my opinion on this.) This is VERY far outside of any kind of mainstream medical or scientific thinking about total brainstem functioning.
They also want to reject the “integrated functioning” explanations of brain death, such that if there is cell functioning, or cell signals anywhere in the body or remnants of brain tissue, that the person should not properly be considered dead. Again, my opinion is that cells can be sustained outside the body for a long time, kidneys and other solid organs can survive outside the body during preparation for transplant, so I’m not sure how an argument about somatic support of cells and organs equals “not brain dead”.
There appears to be some discernible structure left to Jahi’s brain. MRI appears to establish that. It does mean that whatever changes have occurred inside her skull have not resulted in complete liquefaction of the brain tissue. That still doesn’t mean she is alive, or that her brain has any function .The remnants of structure on MRI cannot automatically be ascribed as living, functioning tissue. Plenty of people have failed, dead organs such as kidneys, that are still in situ (in the body), and even isolated from perfusion, but are basically knobs of non-functioning tissue that have calcified or congealed into a mass. We see these in the OR when they are removed. What Dolan’s team does acknowledge is that Jahi has a VERY serious “brain injury.” I’m sure not an expert at reading brain MRIs, and will leave further interpretation up to qualified neurologists. But the snippet I saw on their screen looked globally horrific, from my experience.
The two video snips provided by the Dolan Law Firm, IMO, are not comprehensive enough to demonstrate anything except that Jahi’s body has random spasmodic movements of a hand and foot. We have no context, and nothing to compare these video snips with—for all we know, her body may make random spasmodic movements all day long, and the video with mother coaching is simply “timed” to the spasmodic movements. Nailah Winkfield herself said that hours and hours may go by with no movements, then between 1 and 3 am there is more activity. Nailah Winkfield interprets this as Jahi being “more awake”—however, the time of day could simply be a rhythmic response. We have no idea how many times Nailah Winkfield has encouraged Jahi to move, and Jahi has not responded. There simply is not enough information in those brief video snips to make any determinations beyond spasmodic movments of the extremities, which is well known in both brain damaged, spinal cord damaged, and brain dead individuals. Like the Lazarus sign (google it), it is impressive to watch in isolation, without proper context or interpretation, which, IMO, is why they used these snips. One snip is from May 20 of this year—were there no more recent video opportunities?
Links to the videos snips:
http://youtu.be/jsSeM0RVKuA
http://youtu.be/yh4YC-XjG9k
http://blog.sfgate.com/stew/2014/10/03/jahi-mcmath-videos-released/
I also wanted to just touch base briefly on Dolan’s team’s comments that Jahi’s hypothalamic- pituitary- ovarian axis must somehow be intact or functional, since Jahi has had menarche (started her first period.) We have to remember that Jahi was a relatively normal, but very overweight, 13 year old adolescent when the events of last December happened. She was on the verge of menarche when she became brain dead, and had obvious breast development in pictures. That means that until she was brain dead, her hypothalamic- pituitary- ovarian axis was intact and presumably functioning normally. Additionally, her excess body fat would have made her reproductive system somewhat more responsive to endogenous estrogen, which is also produced by fat tissue, as well as reproductive organs. There are studies of children who have experienced traumatic brain injury, with damage to the hypothalamus and the hypothalamic- pituitary- gonadal axis, and still experienced precocious puberty.
http://en.wikipedia.org/wiki/Hypotha...93gonadal_axis
http://www.jpeds.com/article/S0022-3...497-3/abstract
I don’t pretend to understand all of the endocrine issues at the level of a specialist physician or scientist, but I know enough to understand that reproductive systems can continue to function in catastrophically brain injured, as well as brain dead individuals, who were previously normal before the traumatic injury. We see brain dead pregnant women being maintained for varying lengths on life support measures to gestate the end of a pregnancy to viability for the fetus. We also saw Marlise Munoz in Texas, at the end of the first trimester, be maintained on life support for weeks to months, after suffering brain death. Even the young boy who was brain dead from meningitis at age 4, for 20 years, went on to develop some secondary sex characteristics, such as pubic hair,and axillary hair, although his testicles never descended. At autopsy, his brain was a calcified into a small lump at the base of the skull. That suggests that there are some corporal mechanisms in children and adolescents for some parts of reproductive maturity to occur, in the absence of hypothalamic- pituitary- gonadal axis function.
For example, it would be very interesting to know whether or not Jahi has experienced ovulation, or if she has menstruation in the absence of ovarian function. Either way, I am highly skeptical whether the presence of vaginal bleeding (which may, or may not be actual menarche) in Jahi is proof that she has some level of intact hypothalamic- pituitary- ovarian axis for stimulation of reproductive hormones.
To summarize, I’m not persuaded by what was communicated at the Dolan Law Firm press conference yesterday, demonstrates that Jahi McMath is “alive again.” If the family and their attorney chooses to pursue this line of thought in the courts and official agencies (Health Department, Department of Health and Human Services, Medical Examiner—as directed by Judge Grillo), they will have to submit Jahi for extensive testing by impartial experts with appropriate background and education.
Links to documents filed by Attorney Dolan, and USCF Benioff Children’s Hospital (formerly Children’s Hospital Oakland) September 30, 2014:
http://www.docstoc.com/docs/172795721/jahidoc100214.pdf
http://www.mercurynews.com/breaking-news/ci_26644995/jahi-mcmath-family-seeks-have-brain-death-ruling
Who are the experts from the Dolan Law Firm:
Phillip Defina, a PsyD Psychologist
http://www.nj.com/news/index.ssf/2012/01/meadowlands_hospital_neuroscie.html
Dr. Prestigiacomo is also on the Board of Directors for Philip Defina's International Brain Research Institute.
http://www.ibrfinc.org/bio_charles_prestigiacomo.htm
Elena Labkovsky is a PhD Psychologist educated in Russia, specializing in mental health of adolescents.
http://www.afgfamily.com/index.php?rmm=Meet%20the%20Staff
Dr. Calixto Machado, a Cuban neurologist
http://www.changesurfer.com/BD/
http://www.biomedexperts.com/Profile.bme/861718/Calixto_Machado
And some of his many publications: (Scroll past the map for a list, and also note that he and Defina are co-authors on the first 2013 journal article).
I asked KZ to weigh in on the recent developments in the Jahi McMath case. Enjoy! Sprocket.
T&T''s Jahi McMath Case Quick Links - Case Coverage.
Jahi McMath: Alive Again?
Well, I took one for the team, and subjected myself to watching most of the Dolan Law Firm press conference on JahiMcath last evening. It was an exercise in visual, auditory, and intellectual torture, IMO. I actually quit watching with 30 min to go, and I’m not sure if I have the fortitude to go back and finish it.
Here is a link to the video conference (skip to 13:47 to start—the first 13 min are set up and chatter by media).
Some of my observations:
Dolan had 9 months to prepare for this volley, and IMO, he was woefully unprepared, and tremendously disorganized—which is rather surprising for an attorney. He did have a few nice powerpoint picture slides—ones that any 6th grader could have put together in the 15 min before the press conference. He didn’t have control of his experts by phone, and had no idea what they were going to say, and how far into the weeds they would go when allowed to talk. They rambled on and on and on, and whatever salient points they had were very difficult to ascertain. (Maybe that was the whole point—“baffle ‘em with BS!”)
What I did glean is that the psychologist Elena Labkovsky who did the EEG, actually does not have any experience at all with doing EEG’s for establishing brain death. Her experience with EEG’s is in living patient with significant mental health conditions—which is highly, highly different from traumatic brain conditions. She is not a medical doctor, she is a psychologist—not even a psychiatrist. I highly doubt that she would be qualified as an expert in court for purposes of establishing brain death. Just because she knows how to hook up the electrodes to the patient and the apparatus, does not mean she is qualified to interpret the findings in a case such as this.
For example, a technician with a high school education can be trained to hook up an EEG or EKG machine, but they are not qualified to interpret the diagnostic test. Reputable medical centers do not use psychologists to administer EEGs to establish brain death, nor do they use psychologists to interpret the findings of EEGs in cases of acute brain injury. There is a place within healthcare for psychologists to consider the results of EEGs in the care of patients with mental health conditions, but this is not such a case, IMO. And as Dr. Arthur Kaplan commented in an article, he could detect some electricial activity in a bowl of jello. (If you doubt this, remember the potato- as- a- battery experiments and lemon battery experiments from grade school?)
Dr. Machado and Phillip Defina talked at length about brain stem function versus higher cerebral activity. This is where the conversation went far into the weeds, IMO. They both seem to embrace that total brain stem death is separate from higher cerebral death. If I understood their garbled audio correctly, they want the brain stem to be considered separately from the higher cerebral portions of the brain. (Again, reference the lemon battery experiments above for my opinion on this.) This is VERY far outside of any kind of mainstream medical or scientific thinking about total brainstem functioning.
They also want to reject the “integrated functioning” explanations of brain death, such that if there is cell functioning, or cell signals anywhere in the body or remnants of brain tissue, that the person should not properly be considered dead. Again, my opinion is that cells can be sustained outside the body for a long time, kidneys and other solid organs can survive outside the body during preparation for transplant, so I’m not sure how an argument about somatic support of cells and organs equals “not brain dead”.
There appears to be some discernible structure left to Jahi’s brain. MRI appears to establish that. It does mean that whatever changes have occurred inside her skull have not resulted in complete liquefaction of the brain tissue. That still doesn’t mean she is alive, or that her brain has any function .The remnants of structure on MRI cannot automatically be ascribed as living, functioning tissue. Plenty of people have failed, dead organs such as kidneys, that are still in situ (in the body), and even isolated from perfusion, but are basically knobs of non-functioning tissue that have calcified or congealed into a mass. We see these in the OR when they are removed. What Dolan’s team does acknowledge is that Jahi has a VERY serious “brain injury.” I’m sure not an expert at reading brain MRIs, and will leave further interpretation up to qualified neurologists. But the snippet I saw on their screen looked globally horrific, from my experience.
The two video snips provided by the Dolan Law Firm, IMO, are not comprehensive enough to demonstrate anything except that Jahi’s body has random spasmodic movements of a hand and foot. We have no context, and nothing to compare these video snips with—for all we know, her body may make random spasmodic movements all day long, and the video with mother coaching is simply “timed” to the spasmodic movements. Nailah Winkfield herself said that hours and hours may go by with no movements, then between 1 and 3 am there is more activity. Nailah Winkfield interprets this as Jahi being “more awake”—however, the time of day could simply be a rhythmic response. We have no idea how many times Nailah Winkfield has encouraged Jahi to move, and Jahi has not responded. There simply is not enough information in those brief video snips to make any determinations beyond spasmodic movments of the extremities, which is well known in both brain damaged, spinal cord damaged, and brain dead individuals. Like the Lazarus sign (google it), it is impressive to watch in isolation, without proper context or interpretation, which, IMO, is why they used these snips. One snip is from May 20 of this year—were there no more recent video opportunities?
Links to the videos snips:
http://youtu.be/jsSeM0RVKuA
http://youtu.be/yh4YC-XjG9k
http://blog.sfgate.com/stew/2014/10/03/jahi-mcmath-videos-released/
I also wanted to just touch base briefly on Dolan’s team’s comments that Jahi’s hypothalamic- pituitary- ovarian axis must somehow be intact or functional, since Jahi has had menarche (started her first period.) We have to remember that Jahi was a relatively normal, but very overweight, 13 year old adolescent when the events of last December happened. She was on the verge of menarche when she became brain dead, and had obvious breast development in pictures. That means that until she was brain dead, her hypothalamic- pituitary- ovarian axis was intact and presumably functioning normally. Additionally, her excess body fat would have made her reproductive system somewhat more responsive to endogenous estrogen, which is also produced by fat tissue, as well as reproductive organs. There are studies of children who have experienced traumatic brain injury, with damage to the hypothalamus and the hypothalamic- pituitary- gonadal axis, and still experienced precocious puberty.
http://en.wikipedia.org/wiki/Hypotha...93gonadal_axis
http://www.jpeds.com/article/S0022-3...497-3/abstract
I don’t pretend to understand all of the endocrine issues at the level of a specialist physician or scientist, but I know enough to understand that reproductive systems can continue to function in catastrophically brain injured, as well as brain dead individuals, who were previously normal before the traumatic injury. We see brain dead pregnant women being maintained for varying lengths on life support measures to gestate the end of a pregnancy to viability for the fetus. We also saw Marlise Munoz in Texas, at the end of the first trimester, be maintained on life support for weeks to months, after suffering brain death. Even the young boy who was brain dead from meningitis at age 4, for 20 years, went on to develop some secondary sex characteristics, such as pubic hair,and axillary hair, although his testicles never descended. At autopsy, his brain was a calcified into a small lump at the base of the skull. That suggests that there are some corporal mechanisms in children and adolescents for some parts of reproductive maturity to occur, in the absence of hypothalamic- pituitary- gonadal axis function.
For example, it would be very interesting to know whether or not Jahi has experienced ovulation, or if she has menstruation in the absence of ovarian function. Either way, I am highly skeptical whether the presence of vaginal bleeding (which may, or may not be actual menarche) in Jahi is proof that she has some level of intact hypothalamic- pituitary- ovarian axis for stimulation of reproductive hormones.
To summarize, I’m not persuaded by what was communicated at the Dolan Law Firm press conference yesterday, demonstrates that Jahi McMath is “alive again.” If the family and their attorney chooses to pursue this line of thought in the courts and official agencies (Health Department, Department of Health and Human Services, Medical Examiner—as directed by Judge Grillo), they will have to submit Jahi for extensive testing by impartial experts with appropriate background and education.
Links to documents filed by Attorney Dolan, and USCF Benioff Children’s Hospital (formerly Children’s Hospital Oakland) September 30, 2014:
http://www.docstoc.com/docs/172795721/jahidoc100214.pdf
http://www.mercurynews.com/breaking-news/ci_26644995/jahi-mcmath-family-seeks-have-brain-death-ruling
Who are the experts from the Dolan Law Firm:
Phillip Defina, a PsyD Psychologist
http://www.nj.com/news/index.ssf/2012/01/meadowlands_hospital_neuroscie.html
Dr. Prestigiacomo is also on the Board of Directors for Philip Defina's International Brain Research Institute.
http://www.ibrfinc.org/bio_charles_prestigiacomo.htm
Elena Labkovsky is a PhD Psychologist educated in Russia, specializing in mental health of adolescents.
http://www.afgfamily.com/index.php?rmm=Meet%20the%20Staff
Dr. Calixto Machado, a Cuban neurologist
http://www.changesurfer.com/BD/
http://www.biomedexperts.com/Profile.bme/861718/Calixto_Machado
And some of his many publications: (Scroll past the map for a list, and also note that he and Defina are co-authors on the first 2013 journal article).
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