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Imprisonment of Alan Yurko reveals injustices of U.S. legal system

By Benjamin Garvey

Every once in a while a story surfaces about the shortcomings of our justice system. Some of these are more appalling than others--the context of the Illinois death penalty moratorium where more sentences were overturned than carried out from 1977 to 2000, the wrongful imprisonment of people such as Leonard Peltier, Rubin Carter and Mumia Abu-Jamal. These are the stories that we read about in the mainstream press, hear about in songs, and discuss in our continuing fight for universal American justice.

The story of Alan Yurko is just as appalling as any of these examples, yet it raises a much more frightening question. Why is our "liberal" media failing to report on this story. Where are the screaming headlines?

The story is typical to the reader familiar with the injustices served by the American court system. Yurko was convicted by jury trial in Florida of committing Shaken Baby Syndrome (SBS) on February 24, 1999 and was sentenced to life in prison plus ten years. Yurko filed for appeal on March 22, 2002 and will likely wait a year before a judge even reviews the appeal for a potential retrial. For now all he can do is continue to amass support and evidence for his plight. The signs that point to his innocence are strong. The fact that he deserves a retrial is unquestionable. The lack of media coverage of his case is downright appalling.

Alan's wife Francine experienced a complicated birthing process when she delivered baby Alan. Francine's weight went from 130 pounds to 120 pounds during the pregnancy, though she did return to her original weight at the time of birth. The normal weight gain of a pregnancy is 25-30 pounds. She was so sick during pregnancy that she was unable to take her vitamins. Baby Alan was born prematurely weighing just five pounds eight ounces. At birth baby Alan suffered from respiratory distress syndrome, pneumonitis, and jaundice. His health never had a chance to recover in his short life.

At four weeks of age Alan received six vaccinations that further compromised his health. Even though there was still evident jaundice he was administered these vaccines. Vaccinations are designed to be given to healthy babies. They each contain a small strand of disease that is easy to stave off for a healthy human being. When someone's health is in question, however, it is not recommended that they receive vaccines, especially in the quantity that baby Alan received them. Despite these facts, baby Alan received a hefty dose of inoculations while Alan and Francine failed to receive a healthy dose of information about the vaccines from the doctors. The parents were told that the baby might develop a high-pitched cry and become warm to the touch. The doctors assured them that such reactions were perfectly normal.

Eleven days later these "perfectly normal" symptoms appeared in baby Alan. The parents were not alarmed because they had been told that these would be natural reactions to the vaccines. Sadly, three days later on November 24 at two months of age, baby Alan stopped breathing. His father was home alone with the child, and quickly rushed him to the hospital. Baby Alan was resuscitated at the emergency room then subsequently transferred to another hospital and placed on life support with a fever of 105 degrees. On November 27 baby Alan was pronounced dead. The cause of death was determined to be SBS.

Alan Yurko was arrested as the prime suspect in the death of the baby. When the trial took place Yurko was unable to afford an attorney because he had spent so much money on baby Alan's medical bills. He used the free attorney that was provided to him from the state. During the trial Alan produced one expert witness to testify his innocence. This witness went into complex analysis about the medical issues of the case specifically referencing baby Alan's neonatal medical records concluding that Alan died of natural causes. The prosecuting attorneys had four different witnesses, two of whom testified twice for a total of six testimonies. These witnesses concluded that the baby died of SBS.

The trial involved extremely complex medical discourse which a jury of laypersons might not understand. It has been brought into question if the six testimonies overwhelmed the one testimony not on merit, but on sheer numbers. None of the prosecuting witnesses referred to baby Alan's neonatal medical records which could lead one to believe that they were unaware of the intricacies of the baby's previous health complications. This seems to be, at the very least, relevant to the discussion in the trial. Despite these signs pointing to Alan Yurko's innocence, he was sentenced to jail.

The most important issue relating to the case of baby Alan, however, did not come to light until after the trial. This is the information pointing to vaccines as baby Alan's killer. The vaccines were not brought up in the trial. It was only until Alan was in prison did the issue come to light.

One of the most shocking facts is that one of the vaccines that baby Alan received was from the batch that ranks number one in killings, and number one in non-recoveries. In many of the other instances where the baby was killed by the same vaccine the child developed a high pitched cry 10-11 days later and was warm to the touch-the very same symptoms baby Alan's parents were told were perfectly normal. There is a very long and complicated body of evidence that points to vaccines as baby Alan's killer.

The free Alan Yurko foundation has the support of 200 medical professionals ranging from doctors to scientists to college professors. There is support for his plight from organizations on four continents. Experts across the world have recognized the medical evidence supporting Alan's innocence and the vaccines guilt in the death of baby Alan.

Despite this growing support, the media has failed to voice this sentiment. There has been no coverage by mainstream newspapers, even in Alan Yurko's local community. There has been no coverage in mainstream magazines anywhere in the country. The only publication to report on Yurko's story that is not a technical medical journal is The Idaho Observer, a small national publication based in Idaho. Yurko's story has been published in Nexus Magazine, an alternative media outlet covering medical issues; Crusador Magazine, a publication focusing on genetically modified foods; The Journal of Degenerative Diseases; and The Journal of the International Chiropractic Association. This is hardly the kind of attention that something of this magnitude deserves. Every parent that gives their child vaccines deserves to hear these kinds of stories.

The press has a job to protect the general population's best interests. When our judicial system acts in such a questionable way the media should be paying attention in order to protect the rights of those involved such as Yurko, and to protect the rights of those who might be involved in similar situations in the future, such as ourselves. The story of baby Alan is one instance of unreported injustice. The media is not paying attention to the problems that are facing the citizens of the United States.

Ben Garvey is a senior speech communication major. His email address is bgarvey1@ithaca.edu.