Jim Folsom Trial

From Rife Wiki

This article is about James Folsom, who was a manufacturer and distributor of the BioSolutions/Global Wellness Plus, Rife-type, bio-resonance instrument. Jim has hundreds of testimonials where his devices improved physical symptoms, and in many cases led to full remission. Jim did not have any dissatisfied customers.

[edit] Background

"The Royal Rife Research Society" ^[1] was originally started by a scientist called Janet Fleming/Kimberly Bailey (she used both names, called Kimberly in this article) who designed and patented the original Astropulse device recommended by RRRS. Kimberly has links back to John Crane and Royal Raymond Rife.

To make a long horrible story short, a San Diego private investigator called Richard Post allegedly went missing and was presumed murdered. Kimberly was accused of helping to organize his kidnapping and torture. Although Kimberly was acquitted by the jury for Conspiracy to Commit Murder, the judge for this case overruled the jury and gave Kimberly a life sentence plus 10 years. She was never able to appeal and died in prison on August 30th, 2008. The case however was not linked to her “Rife” business.

Jim Folsom is currently the successive rights holder of the Astropulse Rife unit that Kimberly designed and marketed. Jim took over manufacturing the Astropulse unit, and built up a business selling bio-resonance frequency instruments including the Global Wellness, Biosolutions, and of course the Astropulse. He ran his business successfully with high ethical values from 1995 to just before his trial.

[edit] Operation Cure All Raid in April 2003

Although Jim Folsom, did not receive a letter from the FDA in advance, his company was raided in April 2003 under “Operation Cure All”, run by the FDA/FTC and U.S. Postal Service alliance. A lot of equipment, including over 500 instruments as well as many office records were confiscated, and Jim and his wife were shocked and terrorized by the many men who came into their house with guns ^[2].

Nothing happened for several years - no charges or anything else. Then, within a week of the statute of limitations taking effect, Jim was arrested and charged with many felony counts including selling a class III medical instrument without a license. Jim, despite being offered a plea bargain whereby he would plead guilty to a misdemeanor, pay a $250 fine, not sell his devices for one year, and be under (unsupervised) probation for one year, decided to fight it and go to trial.

Jim was convinced he would be considered innocent, and knowing just what his devices can do for the human body and being the principled man he is, felt certain he could fight this charge and win. He saw it as an opportunity to clear the Rife name once and for all, and increase the possibilities for moving his instruments into the public’s hands where they belong!

[edit] Jim Folsom’s Trial, Feb 4-17, 2009

Jim was arrested for selling a class III medical instrument without FDA pre market approval/clearance. The charges that Jim thought he was being charged with and for which he built his case was:

1. Fraud against the government
2. Misbranding/Mislabeling/Adulteration
3. Fraud against customers (added by the prosecuting attorney and allowed by the judge a couple of days into the trial)

[edit] Why should Jim be not guilty of all charges?

Jim ought to have been found not guilty of all charges because of six major things; the May 28 1976 Cosmetic, Food and Drug (devices) Act, battery operation, stacks of testimonials, no harmful side effects, no dissatisfied customers, and stellar business practices.

1. The Food and Drug Administration May 28 1976 Medical Device Regulation Act (PL 94-295) ^[3] : This Act amended the Federal Food, Drug, and Cosmetic Act to provide for the safety and effectiveness of medical devices intended for human use and other purposes. It says “Before such a product can be marketed, it must undergo premarket approval or it must be reclassified into Class I or Class II, unless (1) it can be shown to be substantially equivalent (SE) to a device that was in commercial distribution prior to May 28, 1976, … Jim’s device should have been “grandfathered” in under this because Royal Raymond Rife and crew were selling these devices back in the 1940s and 50’s (way before 1976), and Jim had documentation of equivalent functionality. This could easily be proven the following ways:
   1. The Dr. Robert Stafford interviews and research documents: Jim’s attorneys requested everything the government had on the 50 plus years on Rife. That should have included the Dr. Robert Stafford interviews and research documents from his work in the 1960s, but did not. An FDA agent contacted Stafford and wanted to take the Rife frequency instrument that he had and Dr. Stafford said No, but he agreed to allow the FDA to take all his research work. They returned it months later, and an interview of Dr. Robert Stafford is included in the Jason Ringas and Shawn Montgomery DVD “The Rise and Fall of a Scientific Genius” ^[4]
   2. Devices that should have been “grandfathered” in Jim’s warehouse: At the Murphy Cannon Road storage (where they took Jim’s 500 plus instruments from) were two Rife devices manufactured in 1944. One of the Rife devices was 4-ft high, 4 ft wide, and 30 inches deep, and during the closing rebuttal Pierson presented a picture exhibit that showed a picture of Jim’s warehouse with the device. Both devices had been in commercial use and with them were documents revealing similar and equivalent use for the Astropulse unit. Copies of these documents had been sent by Kim Bailey to the FDA commissioner in the 1980s at the time Frank Young. Kim never received a response back from the commissioner, even after several follow-up inquiries. She sent that package as a declaration of exemption, and these materials ought to have been included in the discovery. Pierson was ordered by the court to come up with full discovery on all evidence taken in Jim’s April 2003 raids several times in the summer 2008 pre-hearings, however she did not come up with full discovery through obstruction and delays and the result was Jim’s defense never got these items they needed.
   3. Jim included in his instrument sales 2 DVDs. One was all about Royal Raymond Rife, the microscope he invented, and his frequency research and results. It included pictures of media announcements, letters to Rife from doctors high up in the medical establishment, and pictures of Rife’s equipment. The other DVD contained video-taped testimonials. This material was presented by Pierson as evidence against Jim, but then she got the judge to block them as evidence.
2. Battery operation. Apparently, if a device runs on a 9-volt battery it is exempt from needing to go through the licensing process. Jim’s manuals state his device can be run by a cigarette lighter/9 volt adapter. This is considered a viable battery substitute. Two FDA officials testified for the prosecution, and Jim’s attorney cross-examined them asking if this is an exemption factor and they admitted yes, there was exemption. However this was never pursued during the trial by the defense attorneys.
3. Stacks of testimonials. Jim has been collecting testimonials for years and has stacks of them. However, this material was not allowed to be presented during the trial. Pierson requested it be blocked and the judge allowed it.
4. No harmful side effects. In the many years that the Rife technology has been used, there haven’t been any harmful side effects reported. Yet this was not allowed to be brought up in court.
5. No dissatisfied customers. Jim was very careful running his business for many years taking great care to see that all his customers were completely satisfied, and he is not aware of any dissatisfied customers. Yet this was not allowed to be brought up in court.
6. Stellar business practices. Jim interacted with many other Rife-type device manufacturers and customers, and his reputation is stellar. During the trial the prosecution brought in 24 of his fellow distributors and friends to testify against Jim during seven days of prosecution, but every one of them had nothing but praise for Jim’s business practices and character. The prosecution used that against Jim saying he was such a brilliant fraud that he was a danger to the community because his peers and customers weren’t even aware they’d been defrauded.

[edit] What happened at the trial?

Jim was very upbeat throughout the preparations, and during the trial. However, after seven days of the prosecution bringing witnesses to the stand, Jim’s attorneys then called only two and the defense took less than ½ an hour on the morning of the eighth day all the while telling Jim the witnesses for the prosecution, who were mostly Jim’s distributors, were doing a great job of telling how great a guy Jim was…honest, forthright an all around good guy…that they did not have to call any more witnesses than the two for the defense. Obviously the Jury would not find him guilty. Some of Jim’s friends attending the trial became very worried because they got the impression that his attorneys were not defending him or they would have been asking for documents that should have been produced for the Discovery Process and following the strategy agreed upon (as much as possible) outlined above.

The trial resumed after a long holiday weekend, and on Tuesday, February 17th the proceedings included closing arguments by the prosecution (Pierson’s assistant U.S. attorney), followed by closing arguments by the defense (Jeff Bernice) followed by rebuttal by Pierson. Pierson’s rebuttal included stories where (Jim’s quote) “all bounds of truth were completely disregarded. Fabrication and deceit to the jury had no bounds.” Logic would say the defense would have the chance for a counter-rebuttal, but procedure does not allow it. Jim was absolutely shocked and asked Jeff Bernice why not. His answer? Because the government is allowed to present its case beyond a shadow of a doubt. In other words allows lies and fabrications! Judge Houston gave the jury instructions for 30 minutes and they took about 2 hours to come up with a conviction. They had boxes of evidence to look through but because of the short deliberation time some would conclude they did not. So, what they had to make a decision on was really the overwhelming lies of Pierson’s rebuttal, and in the end Jim was found guilty of (surprise!) 26 felony charges (despite being told up to and during the trial it was only three), which allowed for a possible maximum sentence of 140 years in prison and $500,000.00 in fines. Being found guilty on twenty six charges was a total surprise for both Jim and his attorneys. ^{[5] [6]}

The San Diego Union-Tribune newspaper reported on Thursday, February 19th about the seriousness of the charges. This was the first information that family, friends and associates got as to what Jim Folsom was facing. ^[7]

As stated earlier, Jim stood on his principles for his innocence and to clear the Rife name. It was an impossible task. Jim was up against an endless supply of money through the FDA and an unjust system. Research has found since Jim’s conviction that our Juridical System is more of a money machine than Big Pharma & the Medical Industrial Complex. ^{[8] [9]}

There are links to the KGB and FBI operatives in Jim’s case just as there was with the Kimberly Bailey case. In the end he and many of those who were following his trial were SHOCKED to find out he had been found guilty of all charges.

Since the trial, Jim’s defense attorneys had promised to present a motion for a new trial but Jim is not aware of that happening. Jim also provided them with money at the end of the trial for the transcripts but that money was not used for the intended purpose as of this writing. The transcripts are necessary to put together a motion for a new trial and it takes 30 days. Jim also mentioned he’s being pressured into signing a plea agreement.

The outcome of this could set a precedent for other rife-type device inventor/distributers, and things must be set right. There is a group working on getting Jim out of jail. He is in a detention center awaiting sentencing set for July 13, 2009 at 10:30am (not May 11 nor July 10th).

[edit] Appeal for Help

An appeal has been started for those who wish to do what you can to help Jim. Those wishing to help are asked to do the following:

[edit] Fill the courtroom

Fill the courtroom on the sentencing date! The courtroom and the street need to be packed with supporters on the day of sentencing to put forth perceived pressure: July 13th, 10:30AM

The Edward Schwartz Courthouse, US District Court, 940 Front Street, San Diego, CA 92101, Tel. 619-557-5600

[edit] Donate!

It will cost upwards of $75,000 to put in an appeal, and Jim has exhausted his funds and needs help. Any bit will do. If you can only afford $5 or $10, that will still help! Jim’s brother David and his good friend Rob have started up a website for Jim including instructions on how to donate at http://www.jimfolsom.net

[edit] Write to Jim

Let’s inundate the facility with mail! Now is the time to show this humanitarian, friend, associate, .etc, how much we care and that he truly is in our thoughts and prayers and not forgotten.

Western Region Detention Facility San Diego Folsom, James, N5M5#05650298 220 West "C" Street San Diego, CA 92101

Remember that mail is routinely “monitored” (read) in detention centers/prison.

[edit] Provide a Character Reference

Jim Folsom needs some Character Reference Letters AS SOON AS POSSIBLE sent to the Judge and Sata (Jim’s wife). Please consider writing one and sending it to the Judge directly, then send a copy to Sata. The more the better. This is urgent. It needs to be in Judge Houston’s hands by June 12th or earlier, and since its snail mail please send as quickly as possible.

Instructions and an example here: File:JimFolsom-CharacterReference.pdf

[edit] Write!

Tell writers about this story! We need the media now. We need stories about what is happening to this innocent man and that Americans are being lied to about cures. Blog. Write letters to the editor. The truth needs to be heard now!!!

[edit] Talk

Talk to your friends and family! Jim Folsom needs your/our help to avoid a prison sentence. One way is to politically get attention by many speaking out in the weeks ahead.

[edit] How Will This Affect Other Rife Manufacturers in the USA?

The FDA claims this type of instrument is under its jurisdiction regardless of the fact that they were used many years before the 1976 Act and should not require a license to distribute. This seems to be the background and big picture of this case. The big question is how this will affect others who sell instruments but are more careful not to make any statements regarding efficacy? It will put major anxiety on those selling these devices.

Also (most likely as a result of the trial) just 45 days after trial, the FDA put out a press announcement “FDA to Review Medical Devices Marketed Prior to 1976” ^[10]

Most manufacturers of Rife equipment in the USA are now checking the information they are releasing on their websites.

[edit] The Rife Forum as Possible Solution for Informing About Rife Technology!

As the Rife Forum ^[11] is based in Germany, where Rife devices can be sold and used legally, the forum has been suggested as a possible solution for manufactures of Rife devices.

According to German law, medical equipment manufactures may openly present and discuss their equipment within a closed specialized forum. With over 5000 members who specifically joined to learn about Rife technology, this constitutes a significant highly targeted way of reaching those interested in Rife technology. The forum, and its associated Rife Research, Europe ^[12] and Rife Wiki ^[13] websites can be used to educate the public about the background to Royal Rife.

The Rife Handbook by Nenah Sylver, PhD ^[14] can be recommended to those who need a detailed reference work covering Rife therapy including a detailed Frequency Directory (also available seperately ^[15])

Instead of publishing information about Rife on their own websites, that may be problematic in the USA, they can simply point their customers to the Rife Forum, etc. to learn about such issues and concentrate on giving technical and pricing info, etc. on their own sites.

Considering the increasingly critical legal issues to other companies marketing electrotherapy equipment, a strategic alliance with the Rife Forum may be the best solution.

Companies interested in discussing the options available should contact the forum admin ^[16]

[edit] References