Criminal Attorney Speaks for Controversial CFS Researcher

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http://j.mp/uxZ29AScienceInsiderBreakingnews and analysis fromthe world of science policyCriminal Attorney Speaks forControversial CFS Researcherby Jon Cohen on 5 December 2011When Judy Mikovits, a researcher well-known forher controversial studies linking a mouseretrovirus to chronic fatigue syndrome (CFS), wasjailed on a felony charge (http://j.mp/sR5UYI) ofbeing a fugitive from justice, she could not defendherself from behind bars and her criminal attorneychose not to comment.But now she has a new attorney, Freeman,and he has plenty to say about her case. " Shemaintains her innocence and we anticipatedefending her aggressively, " says Freeman, who isbased in Reno, Nevada. " Obviously, she's notsomeone who is a criminal. " Mikovits is being charged with possessing stolenproperty from the Whittemore Institutefor Neuro-Immune Disease (WPI), which is locatedon the campus of the University of Nevada, Reno.Mikovits worked at WPI for 4 years until being firedin September for insubordination. She helped bringthe fledgling WPI to fame with a report sheco-authored that ran in Science 2 years ago thattied a mouse retrovirus called XMRV to CFS.According to an affidavit from a campus policeofficer that led to her arrest warrant, she told alab assistant to " illegally enter her former office " and retrieve lab notebooks, a laptop computer,flash drives and correspondence that belonged tothe institute.On 18 November, Mikovits, who lives in Ventura,California, was arrested and jailed there on afelony charge of being a fugitive from justice. Bailwas set at $100,000 cash. " The original warrant out was extremely dramaticto have a $100,000 cash-only bail for somebodywho has no history of being a risk to thecommunity or a risk of flight, " says Freeman. " So those are the very significant issues thatwe're going to be investigating. Why is she notbeing treated like everybody else? " Mikovits made bail on 22 November, and turnedover the disputed lab notebooks to the VenturaCounty police. She went to Reno the next dayand surrendered to the Washoe County jail, whichfreed her on her own recognizance.Freeman argues that, legally speaking, it'sunimportant how she obtained the material indispute. " The question is whether or not she hadthe criminal intent to permanently deprive theinstitute of property that belonged to them, " hesays, adding that he hopes to get the casedismissed.Mikovits is also the subject of a civil case filed 4November by WPI over the same property, whichit says was " misappropriated. " In that case, WPI alleges that she " masterminded " the theft of the property and submitted affidavitsfrom the lab assistant who said he took thematerial at her behest. A civil attorney forMikovits initially denied that she possessed thematerial.Mikovits will have an arraignment hearing on 10January, but Freeman says that he will simplyrequest a new court date. " Part of the challenge in representing someone likeher is essentially that we're taking a scientist withher extensive credentials and trying to educateher as a client on what it's like to be a defendantin a criminal case, " says Freeman. " This is an areashe never thought she'd be in in her life, andshe's fighting for her life. "