November 20, 2000

Ms. Jill A. Zender, Esq.
FENNEMORE CRAIG PC
One S. Church, Suite 1000
Tucson, AZ 85701-1627
 

                    Re: Turner Laboratories

Dear Ms. Zender;

      This is in response to your letter dated November 14, 2000, received November 15, 2000.

      To correct your understanding of my interactions with Turner Laboratories on October 31, 2000, please know that I did indeed contact the laboratory. I introduced myself as "Clifford Russell from Oracle" to Donna, the receptionist, stating clearly that "I represent the Oracle Town Hall." I repeated my introduction to the head laboratory technician, Ms. Cassie LaMere-Zeller.
      My conversation with Ms. LaMere-Zeller was about "public records" concerning the testing done for the University of Arizona (UA)-that is, water samples drawn on April 26, 2000, from Monitoring Wells #5 at the Page Trowbridge Radioactive Toxic Chemical Waste Dump; our conversation focused on the testing dates of those samples and the duplicate tests of those samples.
      I explained to Ms. LaMere-Zeller that I had filed a "public records request" on behalf of the Oracle Town Hall and that the UA had sent the test report to me. I further explained to her that I believed the report was "incomplete" and why I had so concluded—she reviewed the report and agreed with me. Ms. LaMere-Zeller stated that the first set of tests were not in the data that I had been given by the UA.
      At the end of our discussion, I requested copies of the specific data in question, the results from the first set of tests. Ms. LaMere-Zeller enthusiastically responded to my request, offering to provide both faxed and mailed copy of those results. When Ms. LaMere-Zeller offered to fax the documents to me, I explained that I did not have a fax machine but that I would call her back with a fax number which she could use to transfer the information to me. I later called her with that fax number and, during our telephone conversation, asked her about the case narrative and whether it were complete. We then compared what she had with what I had in my possession; we determined that they were the same. Ms. LaMere-Zeller knew I already had a copy of the lab report and understood that it had been given to me as a representative of the Oracle Town Hall.
      Turner Laboratories never informed me of any restriction on the laboratory information's use or dissemination. Additionally, that data was produced using public funs via the state university and, therefore, is public information about public health issues. I shared this information with the Oracle Town Hall and other public forums. As none of the information that I received was acquired through any improper or unlawful conduct or activity, I have nothing to return to Turner Laboratories and no information unsuitable for dissemination.

      These facts should improve and correct your understanding of the actions taken by me as a member of the Oracle Town Hall on behalf of my community and its health and well-being. Lastly, direct all future communications regarding this matter to the Oracle Town Hall Legal Committee, Laura A. Valade, Attorney at Law, P.O. Box 1412, Oracle AZ 85623 (520-896-2122).

Sincerely, 
 
 

Clifford A. Russell
Oracle Town Hall Page Ranch Committee

Cc: L.A. Valade, Esq., Legal Committee
      E.D. Prichard, Media Committee

Jill A. Zender Direct Phone: (520) xxx-xxxx Direct Fax (520) xxx-xxxx lzender@felaw.com

OFFICES IN: PHOENIX, TUCSON & NOGALES ONE SOUTH CHURCH AVENUE SUITE 1000 TUCSON, ARIZONA 85701-1627 PHONE: (520 879-xxxx FAX: (520 879-xxxx

Cliff Russell
HCR 01, P.O. Box 4520
Oracle, AZ 85623

                  Re: Illegal Procurement and Dissemination of Information
                                From Turner Laboratories

Dear Mr. Russell;

       This law firm and the undersigned have been retained on behalf of Turner Laboratories to address your fraudulent and illegal procurement of information regarding samples taken from the Page Trowbridge monitoring wells , as well as your improper dissemination of that information to various sources, including but not limited to The Oracle and www.poisonedwells.com

       It is our understanding that on October 31, 2000, you contacted Turner Laboratories and fraudulently identified yourself to a Turner Laboratories employee as being a representative of Page Ranch and/or the University of Arizona.  Based upon  your fraudulent representation to the foregoing employee, you persuaded that employee to provide you with test results of samples from the Page Trowbridge monitoring wells, which you then wrongfully disseminated to various sources.

       The foregoing actions have already exposed you to substantial civil and criminal liability, and penalties will be sought against you to the fullest extent allowed by law.  In order to avoid additional civil and/or criminal liability for your intentional fraud and wrongful dissemination of illegally procured information, we hereby demand that you immediately cease and desist from dissemination any and all information you obtained from Turner Laboratories.    In addition , we hereby demand that you immediately return to Turner Laboratories all test results and other information you obtained as a result of your fraudulent representations regarding your identity.

                                                          Sincerely,

                                                                          FENNEMORE CRAIG
 

                                                                         Jill A. Zender