Case Law

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August, 2004 letter from David O. Carpenter, MD, Director, Institute for Health and the Environment, University at Albany, Rensselaer, NY. Dr. Carpenter has edited a two-volume book on biological effects of electromagnetic fields. From 1985-1998 he served as the Dean of the School of Public Health at the University at Albany, and is credentialed in a variety of issues related to disease prevention. His letter is not a part of the official court record. It is included here because it is a comment on the results and recommendations of the 1999 Colorado Department of Public Health and Environment(CDPHE) tumor inventory of residents adjacent to the Lookout Mountain Antenna Farm. Dr. Carpenter concludes that:

The report is carefully well written but, in my judgment, reflects the excessive conservatism characteristic of many health departments, including ours here in New York. It is important to recognize the "precautionary principle" in issues like this. This principle states that when there is reason to suspect that there is a public health problem, even if not all of the results are definitive, it is essential to strive to protect the health of the public . . . This evidence for brain tumors needs to be considered on its own merit, and it shows a clear and consistent elevation in brain cancer over a prolonged period of time.

The “Recommendations” of the CDPHE cancer inventory conclude that:
What CDPHE recommends at this time is further scientific study designed to overcome the limitations of the present study and advance knowledge concerning health effects associated with radiofrequency exposure because the scientific evidence is currently inadequate.

R 11661-63 (2003) Theodore Litovitz, PhD was Professor Emeritus of Physics, Catholic University of America. His video presentation on adverse biological effects from non-thermal exposure to RF radiation was entered into the record. Dr. Litovitz passed away in 2006. Included is [Dr. Litovitz’s curriculum vitae which lists his published research on biological effects of exposure to electromagnetic fields and his PowerPoint [litovitz] presentation on that subject.

R 6024-30 (1999) Richard Hoffman, MD Since 1998 Dr. Hoffman has been the Chief Medical Officer, Colorado Department of Health and State Epidemiologist. Dr. Hoffman spent five years at the Centers for Disease Control, three of which were at the National Center for Environmental Health. His testimony challenges the conclusions of broadcast experts Cole and Bushberg and reports on the cancer inventory he conducted of Lookout Mountain residents.

R 6045-50 (1999) Paul Polak, MD has been a practicing physician since 1958. His background is in preventive medicine and medical research. Dr. Polak served as Principal Investigator for a three-year Colorado study of preventive medicine. He has served on a grant review committee for national studies on alcoholism. Dr. Polak rebutted directly the broadcaster experts Jules Cohen and Jerrold Bushberg’s defense of the IEEE (Institute of Electrical and Electronics Engineers) methods in setting its RF human exposure safety standards.

R 11618-635 (2003) Mark Johnson, MD Jefferson County Health Department, testifies that FCC, NCRP and ANSI/IEEE RF safety levels are based on thermal effects of RF exposure that “assume a linear correlation between exposure and risk which may not always be true. These standards may be based on something that may not be keeping people safe.”

R 11711-722 (2003) Stephen Frankel, MD is a graduate of Harvard Medical School, triple board certified in Internal Medicine, Pulmonary Medicine and Critical Care Medicine. He is Assistant Professor of Medicine at National Jewish Research Center and the University of Colorado Health Sciences Center. His specialty is cell biology and cell signal transduction, and he has performed clinical research evaluating therapies for lung disease. His testimony addresses the limitations of scientific studies, prudence and public health policy, and actions to take before all the scientific evidence is in. His testimony includes a[ PowerPoint presentation.

R 6050-58 (1999) and R 11729-736 (2003) Cindy Kelly, MD is an orthopedic oncologist. She trained in orthopedic surgery at Harvard UCLA Medical Center in Los Angeles. She completed a fellowship in orthopedic oncology at UCLA in Los Angeles. Dr. Kelly’s testimony reviews the body of research on observed biological effects from long-term, low-intensity RF radiation exposure and also RF effects on the inner workings of living cells. Her 2003 testimony includes a PowerPoint presentation.

R 11769-76 (2003) Dr. Joel Bach is a faculty member of Colorado School of Mines division of engineering and Colorado University Health Sciences Center and School of Medicine and a resident of Lookout Mountain. He testifies in opposition to the supertower due to concerns about health and RF interference with biomedical research. He expects that new scientific tests will be developed to detect harm from RF exposure at levels below what is now considered safe by the FCC.

R 11922-24 (2003) Steve Grabowski, MD, MPH is board certified in public health and preventive medicine. He practices occupational medicine at Boulder Community Hospital. While in the U.S. Navy he practiced occupational medicine and oversaw the Navy’s asbestos medical surveillance program in San Diego. His testimony characterizes the HDTV RF exposure in residential areas as “setting up an experiment without the express consent of the experimental subjects.” He asserts that the ethical, moral, and responsible decision for the county commission to make is to deny the super-tower proposal.

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