26. Additionally, Orr testified under oath at that same administrative hearing, Dec. 4, 2001 to the following: Question by Kimball: "It will? Okay. So the permit does allow …. Okay. That's asked and answered. Is it not a fact, Ms. Orr that you testified to a Grand …..to a couple of Grand Juries that James Kimball not only wasn't licensed by the State of Florida, but never held a license as a distributor from the Department of Health?" Answer by Agent Orr: "We don't issue a ……well, we issue a wholesale license. And I don't know what I stated, and I don't know the timeframe as far as licensing was and so forth Mr. Kimball." (Emphasis added) (Exhibit K).
27. Kimball and his companies were licensed by the State of Florida to manufacture and distribute both pharmaceuticals and dietary supplements as testimony and public records reflect from 1993 on. Pertaining to the pharmaceutical manufacturing and distribution license from DOH which agent Orr had been testifying about before Grand Juries and this Court; the following background transpired regarding that combined permit.
28. Kimball filed for a permit to manufacture and distribute pharmaceuticals from DOH in October of 1992. Around the same time Kimball requested permits from the DEA to handle controlled substances; the FDA to manufacture pharmaceuticals; and the State of Florida for the manufacture and distribution of Dietary Supplements. All permits were approved with the exception of DOH. DOH refused to process Kimball's application and act within their rules and law. Kimball subsequently sued these individuals from the state along with other individuals employed by the Government for their illegal acts in 1994 only to have the courts declare immunity for all the individuals involved, while the Supreme Court refused to hear the issue. Kimball even filed a complaint with the Florida Bar against DOH Attorney Robert Daniti for his illegal acts. The Florida Bar replied they could do nothing due to the fact none of the lawsuits had come to a conclusion.
29. Florida Statue 499 states clearly that if DOH refuses to act on an application such as Kimball had applied for, the permit is deemed approved by Florida Law in 90 days. DOH knowing this subsequently in 1993 filed an administrative complaint against Kimball asking the administrative court to use its jurisdiction and to find the permit was denied or in the alternative if the permit was deemed issued as Florida Law states, to revoke Kimball's permit. The conclusion of that DOH administrative court came after Kimball was incarcerated in 2000 and cites from the transcripts were used herein; in the motion for 2255 along with its Supplement Motion for New Trial.
30. At the time, by established Florida Law, Kimball would have been licensed by DOH in January of 1993. Also by law, at that time the permit was good for two years and would have been due for renewal in January of 1995. However, when Kimball went to renew the permit, DOH refused the renewal request or to even send Kimball a renewal application, allegedly due to the ongoing administrative hearing that DOH kept postponing until December of 2000 concluding in December of 2001.
31. DOH from 1995 though 1997 maintained Kimball was not permitted by them for Kimball's failure to renew the permit. The permit issue and its renewal ultimately was brought forth by Kimball before the Florida Circuit Court, July 10, 1997. Present at the hearing before the Court was Kimball and his attorney, Elliott Dunn, and for DOH was Agent Orr and Attorney Daniti. The Court clearly found that Kimball was licensed under Florida Statue 499. When Attorney Daniti asked the Florida Circuit Court to find that Kimball's permit had expired as a matter of law, 2 years later the Court stated: "I can't find that at this time. I'm not saying …. I'm not finding that." (See transcript from the Circuit Court Hearing on July 10, 1997 (Exhibit L). No subsequent hearings were held regarding the permitting issue of Kimball in any Court until after Kimball was incarcerated.
32. After Kimball was incarcerated, Kimball was informed that Mary Grooms, Kimball's secretary's sister had run into one of the people that sat in on Kimball's Grand Jury. In conversation between them, the previous Grand Juror was in shock when she was advised that Kimball was in fact permitted by DOH, after hearing the deceit by Rubenstein and perjury by Orr that Kimball was not permitted. It's obvious that testimony alone had a huge impact upon the GJ 98 to indict Kimball as did the lies by Orr, condoned by AUSA Rubenstein, that Kimball was identified by Hughes as his Mexican counterpart and that Kimball owned the business in Phoenix referenced herein in #13, 14, and 15.
33. As aforestated, Orr testified in Federal Court Kimball wasn't licensed by DOH. The deceit by Rubenstein, false testimony by Orr were ongoing and continuous throughout all the Grand Juries and trial. Twenty pages couldn't even start to reference the multitude of incidents of outrageous misconduct between Agent Orr and AUSA Rubenstein.
34. As referenced prior, Orr couldn't even tell the truth regarding the length of time Kimball's license was valid for, even if the Florida Circuit Court had deemed the permit expired. In Exhibit L, Attorney Daniti cited the law stating the permit would have expired in two years. Orr testified before different Grand Juries the permit had expired in one year. Orr, like AUSA Rubenstein had to lie and exaggerate the facts consistently. Rubenstein had Orr admitted as an expert in law. Orr testified she was present when the Florida Circuit Court made its finding in 1997. A fact AUSA Rubenstein had to have knowledge of, yet again, Orr testified under Rubenstein's direction subsequently to GJ's and this Court, that Kimball is not licensed and never was to one Grand Jury and to another for only a year.
35. Another instance of Orr lying before the Grand Jury with the knowledge of Rubenstein came when Rubenstein questioned Orr about an incident that happened in 1990 when Kimball's car was stopped illegally (found by the Florida Circuit Court). Orr testifies before the Grand Jury what was found in the trunk of Kimball's car during that illegal stoppage. Orr under the direction of AUSA Rubenstein before the GJ was testifying about alleged incidents which transpired over 2 years before Agent Orr was even employed by DOH. Agent Orr testifies that tens of thousands of newspapers Inside Health (which was used by Rubenstein as evidence against Kimball) was found in the trunk of Kimball's car in a search of Kimball's care in 1990. First, tens of thousands of newspapers couldn't even fit in the trunk of a 1990 Cavalier. Secondly, the newspaper wasn't even published until the Spring of 1991 and AUSA Rubenstein held such evidence and produced such in Federal Court (Exhibit M, P. 16 - P. 17).
36. AUSA Rubenstein leads Orr into knowingly untruthful testimony that the criminal charges against Kimball that involved the stoppage of Kimball's car in 1990 were resolved with a consent order/stipulation. Orr continues on to testify how Kimball violated that stipulation (Exhibit N). When in fact Rubenstein, as a prosecutor, was well aware of the criminal charges brought against Kimball as a prosecutor and that the Florida Court had found the stoppage of Kimball's car was illegal which had nothing at all to do with any consent agreement. Orr was lying with Rubenstein's knowledge. The consent agreement had nothing at all to do with the resolution by the Court of the illegal stop of Kimball by the FDA, DOH and Pasco county.
37. AUSA Rubenstein directs FDA investigator Rande Matteson (Matteson) to testify to GJ 98 about everything that was transpiring in the investigation of Kimball in 1993 and prior (Exhibit P, P. 1-P. 5). However, in Federal Court, Matteson testified he did not take part in any investigations then, he was only part of the search team (Exhibit O). Matteson would have no first hand knowledge.
38. AUSA Rubenstein knowing Matteson did no investigation himself in 1993, deceives the GJ in his leading question/statement reflecting that Matteson secured the search warrant for Kimball's home and business in 1993. Matteson lies and says yes (Exhibit P, P. 1 - 5).
39. AUSA Rubenstein directs Matteson to playact before GJ 98 which indicted Kimball pretending to be Mr. Walker from Phoenix allegedly reading previously selected excerpts from Mr. Walker's testimony before a previous GJ which refused to indict Kimball (Exhibit P, P. 13 - P. 20).
40. AUSA Rubenstein directs Matteson to again playact before GJ 98 pretending to be Wendy Zaritsky allegedly reading previously selected excerpts from Ms. Zaritsky's previous testimony (Exhibit P, P. 20). While Matteson is testifying as Ms. Zaritsky, AUSA Rubenstein interrupts Matteson/Zaritsky to ask about Matteson's alleged investigation while AUSA Rubenstein begins testifying and Matteson offers hearsay testimony to the GJ about a clerk at a storage facility (Exhibit P, P. 30 -33).
41. Rubenstein now directs Matteson to playact before GJ 98 and testify as Agent Debra Orr allegedly reading pre-selected excerpts from Orr's testimony. This act by Rubenstein is totally unethical for seeing Orr testified 7 times before 3 Grand Juries in attempts to indict Kimball, was an assistant investigator of Kimball and was readily available to testify (Exhibit P, P. 40 - P. 41). AUSA Rubenstein now testifies to the same GJ that Agent Orr's testimony starts back in 1991 when Rubenstein knew perfectly well Orr did not start working for DOH until mid-1992 (Exhibit P, P. 41). Rubenstein additionally testifies to GJ 98 about newsletters being taken out of the trunk of Kimball's car in 1990 (Exhibit P, P. 46 - P. 47). AUSA Rubenstein also has FDA Agent Matteson testify before GJ 98 as Ms. Debbie Berman, allegedly reading previously selected excerpts from Ms. Berman's previous GJ testimony (Exhibit P, P. 35 - P. 40).
42. AUSA Rubenstein gives Matteson a box of Grand Jury evidence to hold twice, on May 20, 1999, and again on June 17, 1999. This box of evidence containing about 1,000 documents was presented but not introduced to the GJ 98 by Kimball and reflected the illegalities and outrageous Government conduct by Federal and State employees, to include the illegalities and misconduct performed by AUSA Rubenstein, Agent Orr and Agent Matteson. Some of this evidence was presented to GJ 97-2, which did not indict Kimball. Less than a month before Kimball's indictment, AUSA Rubenstein and Matteson attempt to introduce very few of the documents Kimball left with GJ 98. It appears AUSA Rubenstein never read them. AUSA Rubenstein testifies as to Kimball's notes and tells the GJ what Kimball may have said. As they start to introduce Kimball's documents both Matteson and Rubenstein refuse to read the cover sheets to each document which explains in detail each document's content. When finally the cover sheets are read to GJ-98, AUSA Rubenstein immediately testifies to the GJ to defend against Kimball's documents. In one instance, AUSA Rubenstein testifies to GJ 98 about a toxic contaminate in the drug Eldepryl. Rubenstein testifies that Dr. Owen said in his previous GJ testimony that was "Balderdash." What Rubenstein did NOT tell the GJ was that Dr. Owen had left the employment of Kimball before Dr. Barltrop discovered the toxic contaminate in Selegiline Hydrochloride. Dr. Barltrop had already told AUSA Rubenstein, Agent Matteson and Agent Orr about the contaminate, Rubenstein refused to tell GJ 98 the truth about what he knew. As Kimball's documents became detrimental to the Government's case to secure an indictment; abruptly, AUSA Rubenstein ends the introduction of Kimball's documents to GJ 98. Rubenstein again gives custody of all Kimball's GJ documents to Matteson. The GJ foreperson questions Rubenstein's ethics in giving the GJ documents to Matteson, however, Rubenstein does it anyway. Kimball documents were never mentioned again in any transcript Kimball possesses. GJ 98 asked Kimball to bring those documents to them. Kimball maintains that if those documents were presented to GJ 98, that GJ 98 or any other GJ would never have indicted Kimball (Exhibit Q, P. 5 - P.25).
43. Special FDA Prosecutor Jennifer Jones (Jones) takes over for AUSA Rubenstein, stating to Matteson, her witness, before GJ 98 that she testified to the GJ a recap of Dr. Nighswander previous GJ testimony while now Matteson is pretending to be Dr. Nighswander and Jones becomes AUSA Rubenstein. Matteson testifies as Nighswander explaining to GJ 98 what the law says from 1906 to current date when neither Matteson nor Dr. Nighswander are even attorneys. Even AUSA Rubenstein comes into the act, interrupting their testimony before GJ 98 to testify explaining what the alleged transcript they were reading was talking about (Exhibit R, P. 2 - P. 25).

Summary

44. The aforestated herein this supplement reflects at minimum, evidence of ineffective counsel by Attorney Pasano, prosecutorial misconduct by Michael Rubenstein and Jennifer Jones, continued perjury by Agent Orr known and condoned by AUSA Rubenstein, gross misleading, and untruths before the GJ, by Agent Matteson. The blatant perjury by Orr, known and condoned by AUSA Rubenstein, regarding major issues which indicted Kimball, included, but not limited to: Orr testifying to GJ 98 that Kimball owned Mr. Hughes business in Phoenix, that Hughes identified Kimball as Hughes Mexican counter-part, that Discovery of Mexico did not exist, that Kimball was not permitted by DOH along with Kimball being permitted by DOH for only one year, were in fact