May 1, 2010 - ERROR's CORRECTED by Sandi Trend
ISSUES: NON-COMPLIANCE OF DISTRICT ATTORNEY OFFICEʼS IN UPHOLDING THE LAW
! My name is Sandi Trend, the mother of David Bell, an injured biotech worker. I am here today
because I am having serious issues with Sacramento and Yolo County District Attorneyʼs officeʼs not
upholding the law.
! Before getting into some details, I would like to express my heartfelt condolences to the familyʼs
and friends of the 29 miners who recently lost their lives in West Virginia, the familyʼs and friends of
the 11 oil rig workerʼs who recently lost their lives in the gulf of Mexico, the familyʼs and friendʼs of
Maria Jimenez, the 17 year old pregnant girl who lost her life pruning vines in a California vineyard
and to each and every family member and friend who have lost a loved one due to unsafe working
conditions in the U.S., and for that fact, the world.
! Two days ago I watched our United States President Obama speak in Beckley, West Virginia at
Two days ago I watched our United States President Obama speak in Beckley, West Virginia at the memorial
statementʼs, “They but they left
the memorial service for the dead 29 miners. I was appalled with hisknew there were risks,knew there
service for the dead 29 miners. I was appalled with his statement’s, “They
left did they do it, anyway”. “Why did they “For given the well-known
were risks, but they “Whyfor the mines given the well-known risks?”do it,their families”, Obama said, "for
for the mines anyway”.
a car in “For their families”, overhead. For "for a car give their kids opportunities that they never knew."
risks?” the driveway. For a roof Obama said, a chance toin the driveway. For a roof overhead. For a
and "These give their -- as they died -- in pursuit of never knew." and "These miners lived -- as
chance to miners livedkids opportunities that they the American dream." At no point in Obama’s speech,
did he accept blame for our the American dream."
they died -- in pursuit of government’s involvement in the loss of the lives of the 29 miners.
What NOT said said at the memorial service was (to name only a couple: 1) The Safety and
!What was was NOTat the memorial service was (to name only a couple: 1) The OccupationalOccupational
Health and Health Administration has not issued new standards The new U.S. and 2) The new U.S.
Safety Administration has not issued new standards since 1998.” and 2)since 1998.” Assistant Secretary of
Labor for Secretary of Labor for the Occupational Safety and Michaels recent admission that OSHA is
Assistantthe Occupational Safety and Health Administration, DavidHealth Administration, David Michaels
not up admission new OSHA is not
recentto grade with that technologies.
up to grade with new technologies.
!
At no point in Obamaʼs speech, did he accept blame for our governmentʼs involvement in the loss
Our government is not holding safety and health agencies accountable when they do not do their job; to
safety and To my knowledge there are
of the lives of the 29 miners. Our government is not holdingenvironment.health agencies accountable
assure every employer is providing a safe and healthy workplace
job; to assure year resulting in is providing a safe and healthy workplace
when they do not do their accidents every every employer injuries and illness. This is unacceptable.
over four million workplace
environment. To my knowledge there are over four million workplace accidents every year resulting in
injuries and illness. This is unacceptable.
! Vice President Biden was right on target two days ago when he said, “No one should have to
sacrifice their life for their livelihood."
! I wholeheartedly agree with Vice President Biden; and I would like to add, the end of our life
should be from natural causes, NOT because someone took our life away from us; because of
inexcusable and grievous acts committed by employerʼs who do not provide us, the backbone of
this country, a safe and healthy working environment.
! I shudder to even begin to imagine what thousands upon thousands of husbands, wives, sisters,
brothers, mothers, fathers, sons, daughters; or any other family member who have lost a loved one;
because of unsafe and/or unhealthy workplace environmentʼs, have had to endure; as well as
the family members of loved ones who have had the misfortune of becoming injured on the job or
became ill because of a workplace exposure.
! On top of this, there is the labyrinth of lies, placating, corruption, concealment and fraud one
has to endure in attempting to get every Americanʼs U.S. Constitutional rights to a fair and just
due process.
! The recent, precedent setting federal case of Becky McClain vs. Pfizer in Connecticut, has shown
that although the court tried everything in itʼs power to prevent the six member jury from finding
out that McClainʼs illness and bouts of paralysis was caused from her occupational exposure
to viruses in the Pfizer lab, the jury still saw through the courtʼs attempted concealment and
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found in favor of McClain on all counts and awarded her 1.37 million dollars. (Punitive damages
are still to be determined.) In brief, the jury in the McClain case held the federal court accountable
in upholding the law.
! I am holding the District Attorneyʼs offices of Yolo and Sacramento Counties accountable to
enforce federal and state laws in each jurisdiction as there have been numerous corrupt and
fraudulent activities perpetrated against my son for the purpose of denying him full
compensation as is mandated by law for an injured worker.
! I have additionally opposed funding (distributed by the California Department of Insurance) for
both; the Sacramento and Yolo Counties D.A.ʼs - Insurance Fraud Units, for failure by each
county in not prosecuting workersʼ compensation and insurance fraud that have been
committed by employers and insurance carriers.
! I started on this journey in 1998; when my son, David Bell wanted “hands on” experience in a
microbiology lab outside the university setting. At this time my son was two semesterʼs away from
getting his Bachelor of Science Degree; with a major in biology and a minor in chemistry at
California State University.
! David had accepted an Assistant Researcher/microbiologist position with the biotech research
and development company, Agraquest in Davis, California to get this laboratory, “hands on”
experience in August 1998. This position was full-time, temporary for a period of six months up to
one year.
! Agraquest; in their search for “novel” microorganisms to be used against bacterial and fungal
diseases of plants as well as insects; collect bacteria and fungus from around the globe. In
Agraquestʼs quest for the “novel” microorganism there are many articles describing just where this
search by Agraquest has taken place; soil, plants, plant roots, lichen, leaves and/or itʼs litter, mulch
and other decaying organic matter, fruit, bird feathers, dead insects, lake beds, forests, dunes and
ocean caves, animals from terrestrial sources, marine sources (sponges, sea urchins, etc.) insects of
all kinds, rain forests, jungles, dry creek beds, orchards, farm fields, and gardens. They have
published they have microorganisms from New Zealand, the Amazon, Mexico, Honduras, and
Micronesia. The company also uses “microbe hunters” and has collaborative agreements with
other biotechnology companies relating to different strains of bacteria and fungi. The CNet News
article, “Attack of the killer microbes” stated, “The company is also working on a pesticide with
a microbe discovered by a group of researchers in Siberia that once worked for a bioweapons
lab.” At last count Agraquest had over 23,000 microorganisms in itʼs culture collection.
! Agraquestʼs primary search for microorganisms was in soil. Pathogenic (disease
producing) bacteria and fungus can be found within any or all of what I have just relayed to you, but
did you know that within a mere gram (1/5th teaspoon) of soil there can be found:
•3,000,000 to 500,000,000 strains of bacteria
3,000,000 to 5,000,000 bacteria
•1,000,000 to 20,000,000 strains
1,000,000 to 20,000,000 actinomycetes
of actinomycetes
5,000 to 1,000,000 fungi
•5,000 to 1,000,000 strains of fungi
1,000 to 500,000 protozoa (microscopic animals)
•1,000 to 500,000 (parasitic worms
10 to 5,000 nematodes kinds of protozoa (microscopic animals)
•10 to 5,000 kinds of nematodes (parasitic worms)
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! One would think that ALL biotech research and development companies; such as Agraquest, that
discovers foreign strains of bacteria and fungi, identifies them, experiments with them and
also “tests” them against other bacterial and fungal diseases onsite and on offsite farms would be
100% compliant regarding employeeʼs health and safety. Regarding my son as well as others, this
was not the case. The biotech industry is not as regulated as it should be.
! Within five months and nine days on the job at Agraquest, my son; after being sick for days
with purulent bloody pus draining from his nose and vomiting; told his supervisor he was sick
and after clocking out went to Immediate Care Medical Clinic and was placed on the broad spectrum
antibiotic, Zithromax. The date was; January 18, 1999. Three days later; he was at Sacramento
Ear, Nose & Throat with the left side of his face and teeth numb. Four days later David was
scheduled for the 1st (of what would become 4) major sinus surgeries because of a severe sinus
infection. Later, David stopped producing the required amount of B-cells for an intact immune
system and for three years; every 28 days he was in Sutter Cancer Center hooked to an IV pump
receiving immunoglobulins for approximately 7 hours. It is my understanding his immune
system was down to approximately 15%.
! Did Agraquest report Davidʼs occupational acquired illness? “NO”. Did Agraquest know of Davidʼs
infection? “Absolutely”.
! David didnʼt realize Agraquestʼs connections with his ongoing infections and declining
health until after he had had his 2nd sinus surgery; coupled with his obtaining numerous peer
reviewed medical documents from the Scottsdale, Arizona Mayo Clinic Medical library that one of the
bacterial strains he had “knowingly” been exposed to wasnʼt as safe as he had been told, “it wonʼt
hurt a fly”.
! Additionally, the fungus, Histoplasma Capsulateum (which is NOT endemic to California) had
tested positive in Davidʼs blood serum by the Rochester, Minnesota Mayo Clinic. Ironically, on
November 25, 1998 (three months and 10 days after David started working at Agraquest) the CEO
and founder of Agraquest, Pam Marrone filed a US patent application which says, “Additionally, an
antifungal composition comprising an extract produced by B. subtilis strain ATTCC 55614 may
be used to treat human fungal diseases in which the disseminated disease propagule is a
conidia, for example, Aspergillus sp., Histoplasma sp. and Tinea sp.” “Four” Agraquest
scientists are listed as inventors on this patent application. The patent was approved and was
registered with the US patent office on December 21,1999.
! Now, I find it rather odd that on January 22, 1999; four days after David told his supervisor he
was sick and had to seek emergency medical care, all four of the Agraquest scientists listed
as “inventors” on the aforementioned patent started signing over their interest rights to a
company out of Oregon.
! It is compelling that ALL nineteen bacteria and fungi which have shown positive in either
Davidʼs blood serum, sputum or nose cultures and/or shown positive to HIGH POSITIVE in
FDAʼs approved MAST, IgG blood tests are all related to my sonʼs Agraquest workplace
environment; in either their experiments, patents, patents of other companies which show
Agraquest scientists as being the “inventor/s”. Nine of the nineteen bacteria and fungi
showing positive in my son; have connections to the same patent that Agraquest scientistʼs
signed away their interest rights.
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! By Agraquest not complying with workerʼs right-to-know laws of hazards in the workplace;
Davidʼs treating physicianʼs did and do not know what all to look for, which to this day, is still
causing sinus infections in my son as well as numerous related serious health conditions.
! You may be asking yourself, “At what point did the D.A.ʼs offices of Sacramento and Yolo
County get involved in this?”
! I first met Lt. Daniel Stroski, of the Yolo County District Attorneyʼs office at the California
Department of Insurance on September 11, 2007; the day after my sonʼs “so called” workerʼs
compensation trial.
! After hearing about what had happened to my son from his workplace exposure at
Agraquest; Lt. Stroski said I had “peaked” his interest and asked that I provide him with more
information. It was at this time Stroski had said, “I love putting people in jail and I donʼt care if
they are IBM”. I was also informed by Lt. Stroski that there was a four year statute of limitations;
in which to prove fraud after speaking with him.
! Lt. Stroski has been provided ample evidence to prove that workers compensation and
insurance fraud was committed against my son; in not only what I had hand delivered to his
office, but also what was additionally given to him in person at a meeting with him at his office.
Attending this meeting was Lt. Stroski , Doug Haney and myself.
! At the California Department of Insurance Fraud Assessment Committee hearing in 2008;
Lt. Stroski revealed to Steve Zeltzer and Dina Padilla that Yolo County did not have the
resources to pursue a case on behalf of my son and that “it” went to the Sacramento District
Attorneys office.
! Lt. Stroski did contact Susan Crouch at the California Department of Insurance who then set
an appointment date with me in the early part of 2008. At this meeting was, Susan Crouch, Dina
Padilla and myself.
! Within two hours of leaving her office; I received a call from Ms. Crouch in which she said,
“This has bothered me since you were here”. Ms. Crouch wasted no time in setting an
appointment with Dale Kitching, Supervising Deputy District Attorney - Insurance Fraud Unit of
the Sacramento County District Attorneyʼs office exactly one week later. Attending this meeting
was Ms. Crouch, Dale Kitching ,Doug Haney and myself.
! Both Dale Kitching and Lt. Stroski, have been provided the evidence which proveʼs there
was corruption and fraud committed by Agraquest, their workerʼs compensation insurance
carrier, Liberty Mutual Insurance Company and their representativeʼs; in the form of, but not
limited to: concealment of the causation for my sonʼs injury/illness/disease from occupational
exposure, withholding vital reports, misrepresentation of facts, perjury, conflictʼs of interests
and violationʼs of the 14th amendment of the United States Constitution.
" Kitching most recent correspondence to me on February 9, 2010 goes so far as to say, “I still do
not believe there is sufficient evidence to file criminal charges in this matter.”
! The willful actʼs of ignoring and not enforcing the law by public officialʼs; whose duties are to
uphold the laws and protect the citizens of the state of California has to stop. I hold these
public officials to the same standards of enforcement of the law for employers and insurance
carriers as they enforce the laws for individuals.
Thank you, Sandra (Sandi) Trend
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