Case Law

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Posted below and on the following pages is the sworn testimony in the two rounds of Jefferson County (Colorado) Commission hearings on an HDTV (digital) broadcast super-tower proposal to be sited on Lookout Mountain just outside Denver. These hearings led to two separate court cases. The first round of hearings took place in February through August, 1999. The second round took place in July and August, 2003. Some key testimonies are provided here with the citation to the record. Eighteen physicians opposed the Lookout Mountain super-tower proposal because the broadcast radiation poses significant health risks.

1999 Court Record. The case arising from the 1999 rezoning is “District Court, Jefferson County Colorado” Lake Cedar Group, LLC, v Board of County Commissioners of Jefferson County and Canyon Area Resident for the Environment, a Colorado nonprofit, Defendants-Interveners”

2003 Court Record. The 2003 forward case is “District Court, Jefferson County Colorado 03-CV-3045”, City of Golden, CARE, et al v Jefferson County Board of County Commissioners and Lake Cedar Group, LLC.

To accurately cite a witness’s testimony, include the name of the witness, the case title, and the page number of the record, i.e., 1999 testimony of Attorney Bruce DeBoskey, “District Court, Jefferson County Colorado, Lake Cedar Group, LLC, v Board of County Commissioners of Jefferson County and Canyon Area Residents for the Environment, a Colorado nonprofit, Defendants-Interveners”, R 6143-50. *For research purposes we are providing a color-coded Word file that tracks each citation as being either a part of the 1999 case or the 2003 case. This document provides you with the entire text from this and the next six Web pages in this series.

Sworn Testimony of Physicians, Research Scientists, Engineers and Attorneys on Adverse Health Effects of Radiofrequency Radiation Exposure Levels Below Current FCC Human Safety Limits in Jefferson County, Colorado District Court Cases. You may cite this sworn testimony in your proceedings by using the case name and the record number.

Deb Carney is the attorney representing Canyon Area Residents for the Environment (CARE). CARE is the umbrella group for Jefferson County, Colorado’s homeowners associations in the Central Mountains. It represents over 9,000 residents. Ms. Carney presents evidence throughout the hearings on all of the zoning issues related to the Lookout Mountain HDTV supertower proposal. Her 2003 PowerPoint presentation summarizes the history of the supertower proposal and the issues involved in this rezoning application process.

R 6143-50 (1999) Bruce DeBoskey is the attorney who represented the family of Verle Maine, a Lookout Mountain resident who died of non-Hodgkins lymphoma in the early 1990’s. The Maine suit was settled out of court. Mr. DeBoskey attacks the independence of the broadcasters’ expert witnesses. He also reports on a radiofrequency (RF) interference case he handled for another Lookout Mountain resident.

R 6176-86 (1999) and R 11778-84 (2003) Roger Mattson, PhD, former director of the US Environmental Protection Agency’s (EPA) non-ionizing radiation standards activities from 1980-81. He also worked on ionizing radiation protection at the US Atomic Energy Commission and the Nuclear Regulatory Commission. His testimony explains how the US federal government currently does not address long-term exposure to RF radiation protection as a public health policy question. In his 2003 testimony he asserts that the county should require applicants to address the health effects of their proposed actions, and his testimony includes a PowerPoint presentation because the potential consequences of long-term exposure cannot be dismissed by public health officials:

. . . the scientists in the field are divided on whether there are low level effects, but they are unanimous in wanting to learn more. Nobody has said, we can write this off. All of them, all of the agencies, all of the scientists who work in this field whether they say there is an effect or not say we need to know more. We don’t know enough. So while they’re studying this, these scientists, what are we to do as public health officials?
. . . It is an important statement to say that we know enough to pinpoint the probable consequences, but we don’t know enough to quantify the risk. If we know the probable consequences, we should act to avoid them now.

R 6090-93 (1999) Henry Lai, PhD Research Professor of Bioengineering, University of Washington, Seattle, testified as an expert in RF radiation biological effects research. He reports that RF exposure is a form of stress to animals that causes breaks in DNA, that RF effects are cumulative, and that RF can interact with medications and cause them to be more potent or less potent depending on the medication.

R 11660-61 (2003) John Goldsmith MD, MPH, internationally renowned epidemiologist, entered into the record several of his studies on long-term RF exposure. He describes the symptoms of radiofrequency sickness syndrome experienced by the US embassy personnel in Moscow who were exposed there between 1953 and 1976. Dr. Goldsmith passed away in 2003.

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