Prisoners convicted of attempt murder, murder or manslaughter can appeal their convictions due
to Rochin v Califonia 342 US 165 (1952) unless the state and federal governments either give a pardon
or take legal action against the American Heart Association, Steve Burd, Dr. L. Crawford who is the
former Commissioner of the Food and Drug Administration, the US Food and Drug Administration, the
people in the US Food and Drug Administration who came up with the policy concerning omega-3 fatty
acids, Safeway, Inc. which is now owed by Cerberus Capital Management and Tri-Union Seafoods, LLC ..
In Rochin v California the US Supreme Court ruled that a criminal conviction can be reversed if the
Fourteenth Amendment is violated. The Fourteenth Amendment has in it the statement of equal
protection of the laws thus if the local and state governments allow for companies and people
to kill people by way of poisoning then one cannot go after other people for committing the same kind
of crime. On the federal level the equal protection of the laws is implied in the Fifth Amendment and
Fourteenth Amendment rulings also apply to the Fifth Amendment . The actions by the above named
governmental agency, people, companies, and association have cause people to die of heart attacks
due to a poison. The US federal code in 18 USC Section 1111 defines murder as the unlawful killing of a
human being with malice aforethought. When I read up on malice it was defined in law as the intent to
commit a wrongful act that will result in harm to another. The US federal code in 18 USC Section 1112
defines manslaughter as the unlawful killing of a human being without malice. It gives two different
kinds of manslaughter and I will only mention the involuntary manslaughter. Involuntary manslaughter
is defined as death resulting from the unlawful act not amounting to a felony, or in the commission in an
unlawful manner, or without due caution and circumspection, of a lawful act which might produce
death. Now I am going to use the definitions of these terms from the laws of two states. You can do
this to the laws of all 50 states. I just want to make the point that it can be done. The California Penal
Code in section 187 defines murder as being the unlawful killing of a human being with malice
aforethought. The California Penal Code defines malice as a wish to vex, annoy, or injure another
person, or an intent to do a wrongful act. This is why I am bringing up murder laws in this email. I am
going to show you how the above people, agency, association and food companies commit an illegal act
that causes a death of a person. Since the governments let juries decide if manslaughter or murder took
place when a person died I will let you decide what area of law was violated by these people, agency
and association. The California Penal Code in Section 192 defines involuntary manslaughter as death
resulting from the commission of an unlawful act, not amounting to a felony; or in the commission of a
lawful act which might produce death, in an unlawful manner, or without due caution and
circumspection. The Hawaii Penal Code in section 707-701 defines murder as the actions done by a
person which cause a death of a person and that the person intentionally or knowingly knew those
actions could cause the death of a person. The Hawaii Penal Code in section 707-702 defines
manslaughter as the death of a person due to the recklessness of another person.
The Turtle Island Restoration Network in 2005 had a mercury warning campaign aimed at
Safeway, Inc.. According to various news items Andy Peri confronted the then CEO of Safeway, Inc.
Steve Burd on the issue of fish and the dangers of mercury. One of the dangers of mercury according to
the press releases was that mercury in the fish caused heart attacks (the Finland Research Institute of
Public Health report). By way of press releases Andy Peri asked for people to write to Steve Burd and
and Safeway, Inc. concerning the dangers of mercury in fish. These press releases mentioned the heart
attack study linking mercury to heart disease and heart attacks. Thus both Steve Burd and Safeway, Inc.
were informed in 2005 that the mercury in the fish cause heart attacks. I am only going to name two of
the many news items that mention this fact. The Organic Consumers Association article entitled
National Campaign Demands Safeway & Other Supermarkets Inform Consumers of Mercury
Contamination in Seafood mentions Andy Peri June 2, 2005 press and his asking for people to write to
Steve Burd and Safeway, Inc. and it also mentions mercury and heart attacks. The same information
can be found in the Environment News Service (Ameri Scan) June 3, 2005 article Safeway Pressured to
Post Seafood Mercury Warnings. Thus it is not only Andy Peri word that Safeway, Inc. and Steve Burd
were warned about fish causing heart problems. Lots of other people informed both of them. Safeway,
Inc. sold at the time and to my knowledge stills sells fish products produce by Tri-Union Seafoods,L.L.C.
On these fish items one can find that it states that these items are good for your heart. Title 21 of the
Food and Drugs law has a sub chapter II section 321 m in it. This area of law defines labeling as
meaning all labels and other written, printed, or graphic matter that is on any article or any of its
containers or wrappers or accompanying such article. Now if one goes to section 343 A one finds that
false or misleading labeling is not allowed under federal law. Tri-Union Seafoods, L.L.C. has on its tuna
products statements that state tuna is good for your heart. Tri-Union Seafoods, L.L.C. products was at
the time I worked for Safeway, Inc. and still is according to Safeway, Inc. ads sold by Safeway, Inc.. Fish
items sold by Safeway, Inc. also state that the American Heart Association recommends fish items for
healthy heart. Well the fact of the matter fish items cause heart attacks so this is a violation of federal
law due to misleading what the product is good for. The American Heart Association in the 1970’s
funded research that showed that methymercury destroys cardiac tissues (The effects of methymercury
on isolated cardiac tissues-American Journal of Pathology 95:753-764(1979)). The American Heart
Association along with the federal government also paid for the research in the 1970’s which showed
that mercury items went after damaged areas of heart tissue (Evaluation of radiopharmaceuticals
sequestered by acutely damage myocardium – The Journal of Nuclear Medicine (1976) 17:911-917 and
Radiopharmaceuticals for acutely damaged myocardtium II: synthesis and evaluation of [203Hg]
Hydroxymercurifluoresceins – The Journal of Nuclear Medicine (1977) 18:803-808. The American Heart
Association and the federal government both know that a percentage of the US population at all times
have damaged hearts. Thus by giving out false information here they know that people will die. It also
violates US Constitutional law in the way of violating the clear and present doctrine of free speech. One
cannot state something that can cause someone to either be harmed or killed. Thus you have malice
here because an unlawful act was committed and that act could result in the death of a person by way
of heart attack. A person who has a bad heart looks for things to improve his heart and he sees those
ads on fish items and buys the fish product and eats it. A percentage of these people get a heart attack
due to the mercury in the fish and this does not have to happen at once because mercury states in the
heart for a long time. If one does not take action of this sort of thing them people who want to kill
people who have a bad heart can give the people with a bad heart fish products in order to see if they
can give them heart attacks which can kill these people. Murders would have found a legal means of
killing people.
I have a paper trail here to prove the labeling. First is the ads not only by the grocery stores but
also by Tri-Union Seafood, L.L.C. in magazines and elsewhere (TV) that state tuna is good for your heart
with a picture of the product that shows the product stating that. Next in order to have a label on a
food item the label must first be approved by the federal government and the label must follow federal
guidelines. Next the label is copyrighted so the federal copyright office gets a copy of it.
Before going on I should state that the US Supreme Court has already stated that the government
cannot give person permission or order a person to do a illegal act in cases such as Kilbourn v
Thompson, 103US 168 (1880) and Doe v McMillan 412 US 306 (1973). The Supreme Court ruled in
both cases that people can be sued for following what the government wanted them to do. Thus
governmental permission or allowance is no defense in a court of law.
Now I come to Dr. L. Crawford, Tri-Union Seafoods, L.L.C. and the US Food and Drug
Administration. The state of California had a law case against Tri-Union Seafoods, L.L.C. and it was The
People of the State of California v Tri-Union Seafoods, L.L.C., et al., (Case No.:CGC-04-432394) so one can
get the documentation from the law case as to verify what I am stating here. I am using the copy of the
law case I have to write this part. Dr. L. Crawford wrote a letter to defend Tr-Union Seafoods, L.L.C. and
in it he stated that omega-3 fatty acids reduced the risk of coronary heart disease and that fish have
these fatty acids in them. Dr. L. Crawford because of his degree in pharmacology had a strong
background in chemistry. First year college or university textbooks had in them the periodic table and
that transitional metals do Fenton reactions years before Dr. Crawford had gone to a university.
Mercury is a transitional metal and it has been known for a long time to interact with oxygen. The form
of oxygen that comes out of this interaction is reactive oxygen species. Reactive oxygen species causes
atherosclersosis and ischemia/reperfusion injury. Atherosclersosis is a thickening of, and loss of
elasticity in, the inner walls of arteries and can be accompanied by the formation of atheromas. The
heart has arteries and thus the blood system of the heart gets problems due to mercury from the
chemical reaction mercury does with oxygen. The word ischemia means a lack of blood supply in an
organ or tissue. If mercury does a chemical reaction with oxygen in the heart then common sense
would tell you that the heart could get a lack of blood in the area of the heart where the reaction occurs.
Blood clots are also cause by mercury. Dr. Crawford should have known this due to his education. Thus
Dr. Crawford lied in his letter to the state of California. It gets even better because Dr. Crawford had a
conflict of interest violation of law (found guilty in federal court) for owning Wal –Mart stock. Dr.
Crawford was Acting Commissioner of the FDA at the time the omega-3 fatty acids and fish policy was
decided. This was the time when he and his wife owned Wal-Mart stock and Wal-Mart sold Tri-Union
Seafoods, Inc. , L.L.C. fish items. As you can see from Dr. Crawford’s letter to the state he knew that Tri-
Union Seafoods, L.L.C. was using the idea of heart benefits of tuna to sell their product and he
personally allowed it. Thus Dr. Crawford allowed for mislabeling of fish products. Thus one can use his
letter to the state of California to show malice. Since one has a violation of law due to mislabeling and
death due to heart attacks murder charges should be brought up against him. Since the omega-3 fatty
acids policy was worked out by the FDA charges should be brought up against the agency due to
violation of mislabeling which caused the deaths of people. The people in the FDA who can up with the
policy should also be charged.
Mercury is the reason why fish consumption causes heart attacks. Mercury reacts with oxygen
and produces reacted oxygen species. Reacted oxygen species kills cells, tissues and organs and part of
the reason why is that this kind of oxygen turns on the cell’s death genes (fos and jun). All one has to
due is look up the fact that mercury reacts with oxygen and the fact that reactive oxygen species causes
the destruction of cells, tissues and organs and you know the science papers I list are true. Here is proof
that the federal government known that mercury reaction with oxygen and causes cellular reactive
oxygen species level in the cell to go up. You take the US Environmental Protection Agency’s 1997
Mercury Study Report To Congress and other EPA reports on mercury and use them against the US
federal government. First you show that the federal government knowns that mercury reacts with
oxygen. In volume III titled Fate and Transport of Mercury in the Environment (EPA-452/R-97-005)
on page 2-10 it was mentioned that elemental mercury reacts with ozone which is a form of oxygen.
In the Regulatory Impact Analysis of the Final Clean Air Mercury Rule (EPA-452/R-05-003) on
page C-4 the EPA stated “Mercury is a transitional metal and therefore can promote the formation of
free-radicals via Fenton-type reactions.” Fenton-type reactions are reactions with oxygen. You use
volume V which is on the health effects of mercury to show that the federal government knew that
methyl mercury causes the level of reactive mercury species to go up in cells. Two papers mentioned
in volume V mentioned the fact that methyl mercury causes the level of reactive mercury species to
go up in cells. Paper one was titled organ metal-induced increases in oxygen reactive species: the
potential of 2’,7’- dichlorofluorescin diacetate as an index of neurotoxic damage (Toxicology and
applied pharmacology 104, 17-24 (1990)) and it was listed on page 8-20 and mentioned on page 3-
79. The second paper was titled reactive oxygen species formation as a biomarker of methyl mercury
and trimethyltin neurotoxicity (Neurotoxicology 13:637-648, 1992) and it was listed on page 8-1 and
mentioned on page 3-79. Now I am going to mention two other ways that show that the US federal
government knows of these papers. One of the authors of both of these papers (Ali) worked for the
National Center for Toxicological Research. For budget reasons that place had to explain what
research was being done by its members and what were the results to the federal government.
Government has to know where the money is going and why. The next way is even better. The
work for both papers was supported by the same NIH grants. The papers listed the same NIH grants
which were ES 04071 and ES 07157. These are federal governmental grants. To get the grant one has
to first explain what the research is for and how you are going to study it. In volume 5 of the EPA’s
Congressional mercury report one can find on page 4-2 under the heading Dietary Insufficiencies of
Zinc, Glutathione, or Antioxidants the fact that the government knowns that reactive oxygen levels
go up in cells exposed to mercury and that the formation of reactive oxygen species causes tissue
damage. Also in volume 5 on page 5-4 one can find a table 5-1 which has the titled Interactions of
Mercury With Other Compounds and if you go down to either vitamin C or vitamin E you will see
that the antioxidant properties of these two vitamins have an influence on the toxicity of mercury.
So now you have no problem showing that the US federal government knew that methyl mercury
causes reactive oxygen species to go up inside of cells and antioxidants combat mercury problems.
Since I mentioned that mercury turns on the death genes of the cell I am going to mention a
science paper that shows that. This 2000 paper published in Toxicological Sciences (53:361-368) is
titled Mercury chloride activates c-jun N-terminal kinase and induces expression in LLC-PK1 cells.
On pages 366 and 367 the paper stated “Exposure to HgCl2 increased the level of phosphorylated
JNK and induced the expression of c-jun and c-fos genes at the same time in LLC-PK1 cells. The
persistent activation of JNK and the subsequent accumulation of c-Jun and c-Fos proteins have been
reported to be responsible for the induction of apoptosis in various types of cells.” Apoptosis is an
active process of programmed cell death, characterized by cleavage of chromosomal DNA,
chromatin condensation, and fragmentation of both the nucleus and the cell. Just increasing the cells
reactive oxygen species level causes the cellular death genes to be turned on so one knowns that it is
just the chemical reaction of mercury with oxygen that causes the cells death genes to be turned on.
Papers published years before this also showed that mercury items turned on c-jun and c-fos genes.
Before going on I should state that all the mercury species are related. One can find the fact
that the mercury species are related in various publications. I will only mention a few which can be
used in courts of law. The first one is the EPA’s Mercury Study Report to Congress (1997). The
second one is the National Research Council’s Toxicological Effects of Methylmercury which came
about because of an order of Congress for the EPA to see if errors where done in the EPA’s Mercury
Report to Congress. Another report by the EPA one should use is its Water Quality Criterion for the
Protection of Human Health: Methymercury (EPA-823-R-01-001) to show how the mercury species
are related in the human body. Pages 2-3 and 2-4 state that methyl mercury can be metabolized by
the human body (metabolism) into inorganic mercury and page 2-6 states that methyl mercury
demethylates to mercuric ion.
Now I am going to give you some the of science papers showing that mercury goes after the
heart and can cause heart attacks.
These are papers cited in the EPA’s Mercury Study Report to Congress Volume 5 Health
Effects of Mercury and Mercury Compounds.
1) Accidental ethyl mercury poisoning with nervous system, skeletal muscle, and myocardium
injury. Journal of Neurology, Neurosurgery, and Psychiatry, 1979; 43:143-149. The mercury in
the ethyl mercury chloride has an ethyl group bounded to it while the mercury in the methyl
mercury chloride has a methyl group bounded to it. Methyl and ethyl groups can change into
each other. The methyl group IS NOT ADDED to the mercury but just the groups bounded to
mercury. See any introductory organic chemistry text to see how these groups interact. Cases
one and two died of cardiac arrest and both had inflammation of the heart muscles. Case one
also had demylination of the vagus nerve (tenth cranial nerve). The vagus nerve goes to the
heart and contains cardioacceleratory and cardioinhibitory fibers thus it controls the heart rate.
2) Respiratory failure and death following acute inhalation of mercury vapor a clinical and
histologic perspective. Chest January 1991;99:185-90. All the cases had respiratory problems
due to mercury vapor. Cause of death was cardiac arrest in cases one and two (p.186) and in
case three the person had cardiac arrest but was successfully resuscitated and later died thus
showing the person’s lungs were still able to take in oxygen after the heart attack.
Now papers cited in appendix C of the EPA’s Regulatory Impact Analysis of the Final Clean
Air Mercury Rule. What gets me is that the EPA stated in this appendix on page C-4 that there was a
general lack of mechanistic evidence for the role for methyl mercury in heart disease and then later
on stated the mechanistic way that mercury causes heart disease (on the same page was mentioned
the Fenton-type reactions ). Also what gets me is that years before the EPA mentioned that the
formation of reactive oxygen species by mercury causes tissue damage. The heart is made up of
tissues.
1) Mercury, fish oils, and the risk of mycocardial infarction. The New England Journal of
Medicine November 28, 2002.
2) Mercury, fish oils, and risk of acute coronary events and cardiovascular disease, coronary heart
disease, and all-case mortalility in men in eastern Finland. Arteriosclerosis, Thrombosis, and
Vascular Biology 2005; 25:228-233.
Now a paper from the EPA’s Water Quality Criterion for the Protection of Human Health:
Methylmercury.
1) Intake of mercury from fish, lipid peroxidation, and the risk of mycocardial infraction and
coronary, cardiovascular, and any death in eastern Finnish Men. Circulation 1995;
91(3):645-655.
Now a federally funded study done in the 1970’s which shows that methyl mercury destroys
heart tissue (degeneration of heart tissue) at a level considered safe. This paper also cites another
paper that showed methyl mercury destroys heart tissue thus this paper just repeats what was known
at the time about methyl mercury and heart tissue.
The effects of methylmercury on isolated cardiac tissues. American Journal of Pathology
1979; 95:753-764.
Last but not least a paper showing heart damage due to mercury poisoning.
Unusual case of mercury poisoning. British Medical Journal 11 February 1967. Page 340
stated “In the heart were multiple foci of inflammatory cells with necrosis of myocardial
fibers.” This kind of mercury breaks down in the human body to the same kind that methyl mercury
breaks down to in the human body.
The food industry uses federal laws to protect itself from law suits. These federal laws are based upon
Congress’ power to regulate commerce. The US Federal Constitution in Article 1 Section 1 states “All legislative
powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a
House of Representatives “ and in Article 1 Section 8 states “ The Congress shall have power …. To regulate
commerce with foreign nations, and among the several States, and with the Indian tribes” and this is where in the US
Federal Constitution Congress gets the power to pass laws which the food industry uses to protect itself from law
suits. Congress’ power to regulate commerce is limited by the US Federal Constitution. If a commerce law violates
the US Federal Constitution then that law is invalid. What one has to do is show that if one follows a federal
commerce law one creates a clear danger to human health or life in order to invalidate the law. This has to done in
clear and simple way so that a person of average intelligence can see and understand the danger to human health and
life. The average person should be able to understand the danger without any confusion. You have to show the
danger in very simple terms in order to invalidate a commerce law. The food industry also uses Congress’ power to
regulate commerce to invalidate state laws in order to protect the industry from law suits. One can protect the state
laws from this type of action. All one has to show is that the state law is for the protection of human health and life
and by not following the law one is putting the health and life of people at risk. In this area here if the food industry
uses a federal law you have to show that by following the federal law one is putting the health or life of people in
danger. South Carolina at one time had narrow roads and because of this it had a law which prohibited trucks over
90 inches wide on its roads. At the time the standard for interstate trucks was 96 inches wide. South Carolina was
sued by truckers because South Carolina was regulating interstate commerce by its trucking size law which under
the Federal Constitution only the Federal Congress could do. The case was South Carolina State Highway
Department v. Barnwell Brothers, Inc. 303 US 177, 58 S. Ct. 510, 82 L. Ed. 734 (1938). South Carolina showed in
court that to allow trucks with the standard interstate truck width on its roads would possibly cause accidents which
would put the health and life of people at risk. South Carolina had roads too narrow for two 96 inch wide trucks to
pass by each other without possibly hitting each other. Two objects cannot occupy the same space at the same time.
The US Supreme Court stated that South Carolina had the right to protect people from accidents. South Carolina
won the court case because it showed that doing anything else could endanger the health and life of people. South
Carolina was and is bound by the Fourteenth Amendment to protect its people from dangers it creates. The roads
were made and maintained by the state of South Carolina.
The tort law use by the food industry violates Constitutional law. Tort law states as defined in Restatement
(Second) of Torts section 402A cmt. I (1965) that to considered an article unreasonably dangerous, “the article sold
must be dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases
it, with the ordinary knowledge common to the community as to its characteristics.” By using ordinary knowledge
as a basis for deciding an article to be unreasonably dangerous the law violates the rights of a very large number of
US citizens. Children have US Constitutional and legal rights and they at certain ages do not understand common
knowledge. People with certain mental problems do not understand common knowledge and these people also have
Constitutional and legal rights (Youngberg v.Romero 457 US 307 (1982). People who had to come to the US from
other areas of the world in order to keep the US Constitutional rights they were born with do not know that common
knowledge and might not even know English and these people have Constitutional and legal rights. People who are
born outside the US with only one parent of US citizenship are forced by law to come to the US and spend five
continuous years in the US between the ages of 14 and 28 if they want to retain their US citizenship (Rogers v.
Bellei 401 US 815, 91 S. Ct. 1060, 28 L. Ed.2d 499 (1971)). You have lots of illegal aliens who come to the US
and give birth to children on US soil and thus these children are US citizens because of the Fourteenth Amendment
(“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the
United States and of the State wherein they reside.”). They were born US citizens and some of them were born in
hospitals so one has records of their birth on US soil. Lots of the children of these illegal aliens keep to themselves
and do not know the ordinary common knowledge of the community. Since a corporation is defined as a “person”
under both the Fifth and Fourteenth Amendments you have unequal treatment here under tort law by not allowing
people to get just compensation from the food industry and thus violate the equal protection of the law areas of the
US Constitution.
If a person wants to do a state created danger doctrine case against local, state, federal governments on this
issue one should use the EPA’s Mercury Report to Congress to show how the governments release mercury into the
environment plus the DeShaney v. Winnebago County Department of Social Services case (489 US 189 No. 87-
154) where the US Supreme Court defined what a state created danger is. The local state and federal governments
by releasing mercury into the environment create the danger in the fish since once released into the environment the
mercury goes worldwide and gets into the fish. Action done by the government which creates the danger is the
releasing of mercury. If using tuna I would use Katsuwonus pelamis as a fish that brings human released mercury
to Thunnus alalunga sine K. pelamis spends part of it life next to the coast and gets human released mercury in its
system and releases the mercury in the water by way of urination or defecition which T. alalunga swims in when it
schools with T. alalunga. I have already done one which I put up on a number of yahoo groups. Also when doing a
state created danger doctrine case point out that for a percentage of the population one atom of mercury causes
health problems due to the fact mercury binds to the DNA and the federal government knows mercury binds to the
DNA. A paper to prove my point. Influence of mercuric ions on the phosphorescence and photochemistry of DNA
(Proceedings of the National Academy of Sciences Vol. 67, No.3 pp.1390-1397 (1970).
Thank you for reading this and hope that someone uses this information in court.
Marcus Horton