Condensed Declaration

Writer of original, whole declaration: James T. Kimball Past President Discovery Experimental And Developmental, Inc., Past President ASTAK, Inc., Past President Global Health Information & Medical Research Institute, Inc., Past President B&B Freight Forwarding, Inc., Past President Discovery Tour Wholesalers, Inc., Past President American Transportation, Inc.

James Kimball has passed away. His past wife, Jo Kimball, can be contacted by:

phone- (813) 973-0996
fax- (813) 973-7002
e-mail- prodedi@discovery-experimental.com
writing-
James Kimball no longer can be written to. To get in contact with his family, you may use the specified e-mail address above.

61. On the other hand, Judge Lazzara “did not” interrupt and disqualify any of the three government’s alleged expert witnesses, and allowed them to testify about the testing results from Somerset’s product which they never personally tested; even when they admitted they only reviewed other people’s testing. In fact, Judge Lazzara even allowed the government to condemn KIMBALL’s LDC as being dangerous, possibly fatal, when the experts admitted to not only never testing it, they didn’t even state they reviewed any testing about KIMBALL’s product that revealed any danger at all. That’s because after 10 years LDC revealed no danger at all, as testified to by doctors that had used LDC for their patients for 10 years.

62. Judge Lazzara allowed the government’s experts to consistently condemn KIMBALL’s product without any substantiation. When KIMBALL attempted to question his own expert witnesses with substantiating evidence about the differences and detriments of Somerset’s Eldepryl prescription drug product vs. KIMBALL’s LDC, Judge Lazzara refused to allow the testimony. Judge Lazzara even stated in court that KIMBALL’s LDC was a “drug.” Then after KIMBALL’s expert witnesses testified it was a dietary supplement and, by law, was such, Judge Lazzara asked AUSA Rubinstein and FDA Special Prosecutor Jones; well, can’t KIMBALL’s product be both a dietary supplement and a drug?

63. Judge Lazzara even refused to allow KIMBALL to use a good faith defense which is an absolute defense to the government’s charges that KIMBALL’s LDC was a prescription drug. KIMBALL adamantly believed, and still does, that DEDI’s LDC product was a dietary supplement, not a drug, and everyone knew KIMBALL would have testified to that fact. However, Judge Lazzara was not going to have that. KIMBALL was just ramroded through the system.

64. AUSA Rubinstein refused to produce exculpatory evidence which revealed his key expert witness, Dr. Ira Shoulson, committed perjury in attempts to condemn KIMBALL and his product. This evidence was discovered and revealed just after KIMBALL was found guilty. It was immediately presented to Judge Lazzara, who just commented, “why wasn’t this evidence produced at trial?” It was a violation of law for AUSA Rubinstein not to produce exculpatory evidence and Judge Lazzara should have, at the least, declared a mistrial.

65. Additionally, AUSA Rubinstein knowingly presented pertinent evidence in document form, representing them as something they were not, notwithstanding the documents presented were false, as a matter of fact. Worse, AUSA Rubinstein knowingly presented additional falsified documents to the jury, which again was pertinent to KIMBALL’s conviction in the form of commercial invoices allegedly proving KIMBALL was recently selling LDC, when, in fact, AUSA Rubinstein knew the documents were altered by his undercover operative SMITH, as they happened to be SMITH’s handwriting. Again, this information was discovered in the hearing in 2001.

66. Throughout the entire trial, AUSA Rubinstein and all his expert witnesses projected to the jury that Somerset’s product was approved by the FDA as an independent prescription drug, using the word “adjunct,” which KIMBALL is sure none of the jurors understood nor the judge. Eldepryl had to be a prescription drug simply because its “only” FDA approved use was in conjunction with a dangerous prescription drug. Eldepryl was not FDA approved for any use by itself. The government's key expert witness at KIMBALL's trial, Dr. Schoulson, slipped while giving his testimony and admitted Somerset's product Eldepryl “did not work.” KIMBALL's expert witnesses Dr. Kalsa and Dr. Dean testified additionally that Eldepryl did not work while stating KIMBALL's LDC did work very well.

67. Testimony from a Parkinson patient that was using Eldepryl in 1990-1991 and was dying, ran across LDC in Mexico, ceased using Eldepryl and walked in to testify at KIMBALL's trial eight years later testifying how LDC has saved her life. It was obvious just from the testimony of those witnesses that Eldepryl and LDC were not the same at all. However, the jury was steamrolled by lies, misconceptions of KIMBALL and LDC by Dr. Schoulson, Federal agents, Judge Lazzara and the two government prosecutors. Judge Lazzara allowed bogus testimony to ramble on and on, and prejudiced the jury against KIMBALL who was attempting to defend himself, improperly deprived of counsel.

68. KIMBALL has seen the financial records of Somerset's Eldepryl sales for about 10 years. It has generated almost one billion dollars in revenues from a very limited market of people dying of Parkinson's disease. Somerset's product was nothing more than a huge scam fleecing money from the public that were afflicted and dying of a degenerative disease, Parkinson's, that their own expert researcher admitted Eldepryl "DID NOT WORK."

69. The FDA was sitting right there and heard the testimony Eldepryl did NOT work, and KIMBALL's LDC “did work.” Still, the FDA put KIMBALL in prison essentially for the rest of his life because he developed a product that did work and LDC is not available anywhere to save any more lives, while the FDA allows Somerset to continue to scam the compromised public dying of Parkinson's disease with Eldepryl and other generics that it knows "DO NOT WORK." Notwithstanding, to prove KIMBALL was guilty of anything, Judge Lazzara reluctantly stated to the jury that they had to first find KIMBALL guilty of selling a PRESCRIPTION DRUG.

70. The FDA had never determined that LDC was even a drug, never mind a prescription drug, and the FDA is the only entity that, by law, can do so, and they refused to do so for 10 years. There is no provision in the law for a jury to make the determination that any product is a drug, or a dangerous prescription drug, nor does a jury have the expertise to do so. Judge Lazzara knew this, as did the conspirators. Yet they let the trial continue in their vendetta to imprison KIMBALL with their misconduct.

71. Judge Lazzara went far beyond the bounds of a fair–minded judge as the trial record screams out. Judge Lazzara slipped once during the trial implying that if KIMBALL went to the FDA first and asked for his product to be accepted as a dietary supplement, there wouldn’t be a trial. Judge Lazzara had forgotten the testimony by the government’s own witness which verified that is exactly what KIMBALL did in 1991 when the FDA violated KIMBALL’s First Amendment rights and returned his petition without administrative review as required by law! Judge Lazzara slipped again when he said there was no harm to the public and everyone liked KIMBALL’s product.

72. Prior to sentencing, Judge Lazzara showed his prejudice again, stating KIMBALL was a millionaire, inferring KIMBALL had hidden lots of cash overseas, even when the evidence clearly showed KIMBALL was $160,000.00 in personal credit card debt that he couldn’t pay. KIMBALL, nor any family members, had accounts overseas or cash hidden overseas. KIMBALL most assuredly “was not” a millionaire and that statement from Judge Lazzara was a lie. However, it revealed one of Judge Lazzara’s true biases. Even KIMBALL’s wife was $100,000.00 in personal credit card debt and owed over $350,000.00 in mortgages she did not have the means to pay. Eventually, she had to sell property to stop from losing it and to support their 12-year old son.

73. KIMBALL took up the last of the donated money from his customers for his defense, borrowed the rest on his credit card and hired a prestigious attorney from Miami who was recommended by others to argue his sentencing before Judge Lazzara. Attorney Mike Pasano of Zuckerman, Spaeder advised KIMBALL prior to sentencing that as KIMBALL had done no harm, and there was no loss to any consumer, only benefit, that Judge Lazzara should only give him 6 points amounting to probation for a year or so.

74. Instead at sentencing Judge Lazzara gave KIMBALL 13 years in prison for his first offense. KIMBALL had requested a trial by jury. Judge Lazzara was NOT going to allow KIMBALL a TRIAL BY JURY. In sentencing Judge Lazzara found KIMBALL GUILTY of many more charges NOT FOUND OR EVEN PRESENTED TO THE JURY and added about 12 more years to KIMBALL's sentence. KIMBALL was 60 years old, that was just about the equivalent of a life sentence for saving lives and improving the quality of life for thousands of people. To add insult to injury, if KIMBALL lives to serve his sentence, Judge Lazzara stated KIMBALL then was to serve 3 years probation and no member of KIMBALL’s family could be in the dietary supplement business in the meantime.

75. KIMBALL was immediately placed in a federal jail in Tampa, Florida awaiting another trial on the trumped up charges contrived by undercover agent SMITH and AUSA Rubinstein. Those charges were ultimately dropped, as it was obvious that they were contrived by all. Plus, they now had their pound of flesh.

76. Again, KIMBALL wants to sincerely thank Senator Charles Grassley, Senator Tom Harkin, Senator Bill Nelson and former Congressman Berkley Bedell, with special thanks to their staff members, for attempting to help KIMBALL in his hour of need, revealing their humanitarian concerns.

Note: A renown attorney wrote this Condensed Declaration based on the facts which transpired with Kimball. Kimball signed this declaration in May 2003. The attorney’s name is withheld to protect his current position