RAPIST PROTECTED BY CONNECTICUT SUPREME COURT FROM SEX CRAZED PARALYZED WOMAN PREDATOR WITH CEREBAL PALSY

That's right, read it again, you read the heading of this post correctly the first time

Once again the American justice system has revealed itself as the dysfunctional obscene circus of injustice it is in ignoring victims rights. 

The Connecticut State Supreme Court threw out the conviction of a man found guilty of sexually assaulting an extremely handicapped woman who has severe Cerebral Palsy, .

In a 4-3 decision, the high court ruled that despite evidence the 26-year-old woman cannot speak, and has little body movement, has the intellectual functional equivalent of a 3-year-old, and cannot verbally communicate, that there was no evidence she could not communicate her refusal to have sex with the defendant, Richard Fourtin Jr. as a result of the ruling, Fourtin goes free and cannot be tried for the case again.

IN this 4-3 ruling (including amazingly a female Chief Justice among the 4), the Court held that, because Connecticut statutes define physical incapacity for the purpose of sexual assault as “unconscious or for any other reason, physically unable to communicate unwillingness to an act,” the defendant could not be convicted if there was any chance that the victim could have communicated her lack of consent. Since the victim in this case was capable of “biting, kicking, scratching, screeching, groaning or gesturing,” the Court ruled that that victim could have communicated lack of consent despite her serious mental deficiencies.

OK. Let's think about that again. See, back in 2008, Mr. Richard Fourtin Jr. from Bridgeport, Connecticut, he is the bad guy, was found guilty of sexually assaulting this 26-year old woman with cerebral palsy who can’t speak and has very little body movement.The woman had the mental capacity of a three-year old. She is supposed to be the victim, a defenseless disabled woman. She can’t verbally communicate, but if she didn't want to consent to being raped, according to the Judges, she should have had the presence of mind to grunt or screech if she didn't want to be raped.

Under normal physical circumstances, it is very difficult to have the presence of mind to not 'freeze" when you are being assaulted.

Common sense tells me that people with the mental capacity of a 3 year old ( and that includes 3 year old children) are NOT capable of giving consent.

   Defendant Richard Fourtin Jr.

                               

Fourtin's lawyer, Senior Assistant Public Defender Nicole Donzello, declined comment on the decision.

In January 2008, the 28-year-old Fourtin was convicted by a jury in Bridgeport of attempted second-degree and fourth-degree sexual assault and sentenced to six years in prison for sexually assaulting the severely handicapped woman in the Success Village housing complex in late 2005.

The woman, now 29, who in court only went by her initials, L.K., is so physically restricted that she is able to make motions only with her right index finger.

In order for the woman to testify during the trial, a small video camera was placed over her and a tray affixed to her chair. On the tray, the prosecutor placed a board printed with the letters of the alphabet along with the words "yes" and "no" on top.

After each question, the woman's left hand would push her right hand, index finger sticking out, across the board to either spell out a word or answer yes or no. It was an exhausting process that lasted four days.

However, the defense argued that there was evidence the woman could communicate by biting, kicking, screaming and gesturing. They presented testimony at trial from a home health aide who said the woman would kick and groan if she didn't get food she wanted.

The state Appellate Court later ruled she is not physically helpless under the state law in which a jury convicted Fourtin. 

The state then took an appeal to the Supreme Court who ruled that "We are not persuaded that the victim was either unconscious or so uncommunicative that she was physically incapable of manifesting to the defendant her lack of consent to sexual intercourse at the time of the alleged sexual assault".

The three dissenting justices accused the majority of acting as a "13th juror," in the case and substituting their opinion for that of the jury.

Apparently this is the new way of restoring faith in the legal system that is sweeping America. Judges have replaced the Jury system by placing themselves as the ones who know best how to hand out justice or deciding whether a victim is entitled to due process of the Law by a Jury of ones peers. 

Why have a jury system in the first place if arrogant, self serving, politically connected Judges can do the entire thing themselves, and totally screw up in deciding that victims have no rights to Justice, but those who commit acts of depravity are instead given these rights.

So, genius Judges, it doesn’t count unless you fought back? Is this the companion rule to theTodd Akin RULE: described as "legitimate rape where woman rarely experience pregnancy from rape because the female body has ways to try to shut that whole thing down".

Was it LEGITIMATE RAPE of this poor handicapped woman? Nope. No it was not, and the courageous learned Supreme Court of Connecticut overturned Mr. Fourtin's  conviction because she as the victim did not “scream,” nor did she “bite” or “kick” her assailant. Nor was she considered legally unconscious, which would have spared her the burden of managing to bite, kick, or scream in spite of her substantial physical disabilities. 

But there is a bright side, because this young lady will surely be relieved to discover that she was not legitimately raped!

I am convinced that many Judge's are absolutely so fucking insulated inside their law books, gated communities, and semantically constipated synapses, that they don't have a fucking clue about the real jungle world inhabited by the rest of us.   

Blind shit justice like this happens all the time. This is just another story of Justice not served and defenseless victims blamed for their being tortured. 

Victims get literally fucked while the ARROGANCE of the LAW deems it as being legally acceptable.

So, the question is: who is the worst scumbag in this post, the rapist or the justices? Seems like a tie to me.

WELLS FARGO BANK IS TRYING TO PUT AN ADVANCED STAGE CANCER VICTIM OUT ON THE STREET-SIGN THIS PETITION TO STOP IT!

The Banks never stop in their heartless evil that they wreak on good citizens of our Country. Despite  taxpayer "welfare" bailouts to Banks, record profits, and wrecking our economy, Banks continue to show their insatiable greed by their inhumane indifference to those that deserve a break.

Cindi Silvers Davis and her husband Kirk a former Marine who has served our Country, have tried very hard to work with their bank, Wells Fargo, but they say they have been mislead, they have been treated poorly, and now Wells Fargo is trying to put an advanced stage 4 cancer victim out on the street.


Cindi lives in Mount Holly, North Carolina with her husband of 20 years, Kirk, and her 7 Special Needs pets, including her Deaf Service Dog, Katie. Cindi has fought breast cancer since 2008 and unfortunately, she's progressed to Stage 4 Breast Cancer. Cindi is such a caring person, she even volunteers for a charity to help people who have lost their jobs and homes care for their pets. Now, it's time for people to care for Cindi and show their support.


As Cindi and Kirk struggled to pay for the additional cancer treatment she requires, they had trouble paying the full mortgage payments each month, but they tried to pay as much as they could. Wells Fargo refused to accept partial payments and they are adding fees and penalties too. 

Cindi explained the situation to Wells Fargo and a bank representative said they would consider a solution, but the next she heard from the bank was a foreclosure notice. Don't sit back and watch Wells Fargo take away Cindi's home.

A recent follow up report stated that Wells Fargo had put off the foreclosure trial until 2013 to try and work with Cindi and Kirk. Well, they put it off from Dec. 19, 2012 until Jan. 3. 2013! Big Deal! The reporter didn't mention that it wasn't even a 2 week difference and of course the week in between Christmas and New Years the banks and businesses don't do much!

I've signed other petitions that helped homeowners save their homes and now I'm hoping you will join me to help save Cindi's home.

Please join me in asking Wells Fargo to stop the foreclosure on Cindi's home and negotiate a loan modification with her to help her save her home.

At any time this story could be about you, your family, or your loved ones. We are all in this together, so sign the petition below and help let Wells Fargo Bank know that they need to do the "right thing".

Click here to sign the petition asking Wells Fargo to stop the foreclosure of Cindi and Kirk's home. 

Take the next step: Ask your friends to sign

SHARE THIS PETITION

Don't just be a signer also be an organizer. Turn your signature into hundreds more by asking your friends to sign by sending them this blog post or click on the "Share This Petition" button above. Then they'll ask their friends. If regular American citizens take the time to help each other, that's how we win.

 

PICK YOUR POISON AMERICA-WE ARE ALL VICTIMS

                                       

 In my previous post I made it clear Truth was the real loser of our first Presidential debate. 

   
I think that Americans don't really care whether they are being lied to. In fact I believe they can't get enough lying and want even more if it suits their beliefs.

The problem to me is that many Americans find aggressive lying entertaining and are unwilling, or unable to tell the difference between lies and reality.

We have entered the age of “post-truth”, the big lie, and our entire political process has degenerated as a result. 

Our politics consist of repeating the same lies over and over again until many people believe it as the truth. Hitler learned how to master the technique of using the 'Big Lie' in Germany and look what the German people went along with as their "truth" supposedly causing the problems they had. 

Post truthfulness has bled into all areas of our society as a result, from intimate relations, to our social, and work lives. 

It is the mantra of the amoral, where individuals or whole nations are unable to perceive or are indifferent to questions of right or wrong. 

It allows Banks, Corporations, Government,  Law Enforcement, Courts, Judges, Lawyers, thieves, murderers,  everyone, and anyone to justify things that they do illegally,unethically, as perfectly understandable, acceptable behavior. 

Lying is the modern norm for America, just as mediocrity has become the definition of "excellence". Screw thy fellow American is a business, political, personal facade that is used to hide behind. 

Being a "victim'  has been hijacked from those of us who have experienced the horrors of victimization, and been diluted to become the rallying call of the very rich 1% of America, their gullible followers to ironically claim that they are "victims" of big government and problems caused by the other 47% of their fellow Americans who pay no income taxes, expect entitlements such as medical care", essentially calling them beggars,bums.

Gee, that's a big lie, but it works, even some of those 47% now believe they are the problem.

Romney "lied his way through the debate with no challenge from moderator Jim Lehrer."

President Obama lied also about his own savings and expense cuts which  didn't mathematically come close to adding up. (Neither do those proposed by Romney).

Obama could have challenged Romney on these untruths, instead stuck to his narrative and didn’t decisively call Romney out on it. Obama didn’t win points for that. In fact, Americans, it seems  from the sum of the post debate polls, prefer aggressively told lies to explanations. 

Romney denied he has proposed a $5 trillion tax cut, but since he has given no specifics on the elimination of “offsets” like tax deductions and credits, the $5 trillion is the only hard number available. 

Romney repeated the untruth that President Obama is “cutting $716 billion” from Medicare, but these are actually savings from reductions in fraud, waste, and unnecessary subsidies given by Bush #2 to increase the profits of private insurance Company's that offer "Advantage ' programs. 

Gas prices have not “doubled,” as Mr. Romney claimed.

Perhaps the worst lie of all was Romney’s claim that people with pre-existing conditions would be covered under his plan, a claim that a Romney adviser immediately walked back after the debate.

Finally, Romney “essentially revived the idea of death panels” by claiming Obama care established “a board that will tell people what kind of treatment they’re going to get.” Nope.

The best moment of the debate, frankly, and where reality may have intruded, was when Romney essentially fired both Jim Lehrer and Big Bird: “I’m sorry, Jim, I’m going to stop the subsidy to PBS. I’m going to stop other things. I like PBS, I love Big Bird. Actually like you, too.”

Oops. Truth-telling.

Immediately a Twitter meme was created, @FiredBigBird. The last I checked, it had 23,160 followers. By contrast, @SilentJimLehrer was only following Big Bird.

Big Bird tweeted:

Tom Berno @tberno

#saveSesameStreet RT @FiredBigBird: "I like being able to fire people... and large talking birds." -- Mitt Romney

4 Oct 12

• Reply
• Retweet
• Favorite

Now, Romney, that one moment of truth-telling will come back to haunt you, mark my words. It took four minutes for @FiredBigBird to be created.

But for the rest of the debate, it was truth that lost. Hands down. 

Out of control health care costs in our Country correctly are directly related to so many other issues threatening to destroy the United States. 

The notion that "Obama Care" is a horrible thing for our Country has been distorted by the GOP and others into totally false claims of doomsday scenarios that they say will replace our "current health care system that is the best in the world".

That's a big lie. We now spend more than $2.5 trillion annually on medical care.  But as recently as 1950, Americans spent only about $8.4 billion ($70 billion in today’s dollars). The increase has been mind-boggling. After adjusting for inflation, we now spend as much on health care every ten days as we did in the entire year of 1950.

Perhaps skyrocketing spending could be justified if the result was greatly improved health for the nation’s citizens.  But the truth is that our health has actually been declining in recent decades. 

The U.S. health system spends a higher portion of its gross domestic product than any other country but ranks 37 out of 191 countries according to its performance, which includes efficiency, mortality rates.

 

This comprehensive World Health Organization research study finds" Columbia, Chile, Costa Rica, Israel, Saudi Arabia, San Marino, Andorra, Malta, and Singapore, are rated close behind first place France,second placed Italy, all ahead of the U.S.

The United States finishes dead last in health care results even though Americans spend twice as much on health care than other developed countries , but get lower quality, less efficiency and have the least equitable system. Oh yes, but at least we don't have that wicked Socialized medicine that these other nations "force" on their citizens. 

The same people who bash Obama Care are at the same time screaming " don't touch my Government provided Medicare, my parent's medicare, or my loved one who has Medicare due to a disability". 

Both presidential candidates as I have stated multiple times, are full of shit. 

Romney will say anything and lie his way to be President, pandering to anyone. Not to mention that he has to be given lessons in acting to appear as a supposed human being.

Obama doesn't appear to be defending his record as president for the last four years, so why should America give him another four years?

The answer is that you vote for the best of the worst. The one whose shit smells the least, lies less than the other, and will hurt you less than the other. 

For me those are very poor reasons to vote for a particular candidate for president. However, that is the reality we have, that Obama smells less toxic than Romney.

Romney can't pass the smell test and clearly has said what he means that he has no interest in helping the rest of us 47%.

In this world of mediocrity, Obama is the one to vote for because he is less mediocre than Romney, won't really hurt Social Security, Medicare, and doesn't lie as much as Mitt.

How can you trust a guy with a first name Mitt, and a used car salesman ever present smirk, along with a cruel, demonic V.P. monster Dracula Paul Ryan, one heartbeat away from being the president, both ready with plans to do away with Medicare for a voucher system. remove mortgage interest tax deductions, and privatizing Social Security, essentially destroying the safety net existing for all American's.

We can't pay for it all they say. Want some answers?

Hmmm-get rid of the real garbage that politicians steal our tax money to waste on, stop funding countries that hate us, do away with government corruption, sub contractors pals of those in power defrauding billions of dollars, tax breaks, subsidies for hundreds of different industries, and yes, unfair low tax rates for the ultra rich. 

Hey guys- let's also not forget about all theThe Big Lies that Entitlement Programs are too costly and the Country cannot afford them. SOCIAL SECURITY NEEDS UNCLE SAM TO PAY UP HIS $2.5 TRILLION PLUS DOLLARS IN IOU'S IT OWES TO Social Security, NOW!

Start with the truth above about the SOCIAL SECURITY System being raped by UNCLE SAM who stole all this money FOR NON SOCIAL SECURITY "pork barrel" waste.
  

Get the point? Nobody, in the Social Security and Medicare, hating members of Congress will acknowledge the fact that not one dime of the huge US deficit has been caused by a benefit check paid by Social Security, and the only parts of Medicare that are funded by general tax revenues are doctors bills and the prescription drug benefit, Medicare Part D, a handout that was given to private health insurers established by former President George W. Bush and the Republicans in Congress, which bars the government from negotiating discounts from the pharmaceutical companies, a problem easily fixed by improved legislation. 

What about our country’s outlandish military budget and a decade of unfunded wars, which have been piling up debt at a rate of about $150 billion a year.

Add cuts in the out sized $40+ billion annual secret intelligence budget, in the nation’s obsolete and dangerous nuclear weapons program, and other military-related expenditures, and we’re talking about saving half a trillion dollars a year! Cutting this waste will still allow us to be strongest military power in the world.

 
It’s the wars, stupid! The money to pay for Americans is all there waiting to be given back to we the people, try harder, it can be found.

It's all about liars, Americans should not have delusions that any of these guys will give the money back to us.

It's about who will hurt us the least and throw us more crumbs. A very simple, truthful concept to understand. Pull up your boot straps and accept that as the gospel political facts of life.

Of course if you want to believe in lies, then bring it on, the more lies the better for you, knock yourself out.

Pick your poison Americans, this is what the fraud of our real Democracy is all about.  

 

OBAMA AND ROMNEY DEBATE-SAME SLOP-THE REAL LOSERS

Along with millions of Americans I was looking forward to watching the first Presidential debate last night between Obama and Romney. 
 
What a complete, utter, bitter disappointment the debate was. Boring, filled with old sound bites, bull shit, and no real specifics about anything remotely resembling plans to get our Country out of the critical mess we are in.

What I saw were two ambitious, full of shit politicians  performing as Actors, talking the talk of irrelevant rhetoric designed to win publicity "point's" by not answering questions. 

Neither one of these two politicians has a clue how very much in need our citizens are for a Leader, nor has the guts to stand up and do whatever is reasonably necessary to save our Country, while also protecting the programs many of us depend upon.

What I saw last night was a disgusting display of media  talking heads hyping before, after, and for the rest of this Campaign every piece of minutia that they pontificate about the Presidential candidates performance, as if they were reviewing a movie or show. 

The media became the news as usual in their inability to reveal how phony this debate was and instead as usual focused on the meaningless, instead of the huge issues facing us that are begging to be exposed. If only they did their jobs as professional journalists, instead of clowns that simply repeat the crap fed to them.

Political Pundits gushed all over themselves that Romney was the debate winner because after many, many weeks of rehearsals, he performed at the debate able to show that he has a  faint heartbeat and appears to possibly be a human being. Alas, Romney still can't wipe that pompous, stupid smirk off his face, the nervous laugh tic, which all tells us that he is still actually an android.

Other experts declared Obama "too Presidential Like", unfocused, wandering, impatient, unprepared, devious for looking directly at the camera so as to talk personally to Americans. 

All the media sounding like a "dancing/debating Reality TV Show with the presidential nominees "panel of Judges" going on ad nauseaum at  what Obama/Romney did or did not do "correctly" in their performances.

Last nights debate confirmed that Americans all over the country watched a much-anticipated television broadcast in which presidential candidates Barack Obama and Mitt Romney gave a series of brief, meticulously rehearsed speeches on various domestic issues. 

We heard what Obama and Romney have already practiced saying hundreds upon hundreds of times over the past few weeks in front of political strategists, media professionals, and image consultants, campaign ads, speeches, and to anyone who would listen”

I saw the two candidates’ carefully rehearsed 90-to-120-second speeches on tax reform and job creation. After months of campaign sound bites, we finally get to hear one candidate recite a carefully vetted position before pausing and  politely allowing the other candidate to do the same. 

Our Country is literally falling apart, the middle class is destroyed, Congress is owned by Corporations, there is so much that needs to be fixed, you would think one of these Presidential candidates would have the smarts to talk honestly, directly to the issues, drop their plastic, phony words, images, and go after the other to show us that they are serious about helping alleviate all the actual suffering taking place in the United States.

What we got is the same old stale, repetitive stuff with a response that is painstakingly calculated down to even the slightest pause, between words, facial look, even the way they position their body to the camera.

Personally I believe Romney is an alien from a far away universe, Obama is a "wuss" for never smacking back at him, and unbelievably not once confronting Romney about the quote that "47% of American's are dependent upon government, who believe that they are victims, who believe the government has a responsibility to care for them, who believe that they are entitled to health care, to food, to housing, to you,name it, that that's an entitlement. And the government should give it to them. And they will vote for this president no matter what.  These are people who pay no income tax. [M]y job is not to worry about those people. I'll never convince them they should take personal responsibility and care for their lives."

I mean Romney actually is on video saying that he believes the rest of us are beggars, bums, so hit him back with the truth of what he actually believes. What could possibly be going on in the empty minds of Obama's advisor's in having him ignore stuff like that?

You wanna stay president show us you have balls and get your hands dirty in exposing Romney for the fraud he is. Nope, they just patted each other on the backs, acted out tired old scripts, and smiled like dummies.

Oh yeah, Romney who loves the middle class so much despite his 97% comments, said he would defund PBS fire Big Bird and the debate moderator Jim Lehrer of PBS, along with he won't raise taxes on anyone, but will get "rid of deductions"which he never specifies exactly what those are.

He won't say it, because his plan includes removing many deductions of what's left for the middle class to survive, such as the mortgage interest deduction and capping deductions for individuals. Duh, that would be a tax raise, just a matter of semantics. 

Romney stand up and also have the balls to say what you mean, that you believe Corporate Welfare is good for America from the Government, but helping the American people is Socialism, big bad government. 

Does anyone want to tell the truth that Welfare Queens may actually look like Giant Corporations, not poor Americans.The government spent about $59 billion to pay for traditional social welfare programs like food stamps and housing assistance in 2006, while Uncle Sam doled out $92 billion in assistance to corporations during the same year. 

It doesn't matter what political party is in power, they are all responsible for this mess. None of them are going to change it. Romney/Ryan will remove food stamps, kill "entitlement plans", and Obama will reward his big donors. No one cares about regular Americans, so say it.

The rest of us other Americans are not smiling because we all are the real losers of these debates. There is nothing funny about what happened last night. There is nothing to trust about what each of these candidates stated in their "Plans" when many of the key facts given by both of them are incorrect, off by billion of dollars in how to resolve the budget crisis and their math doesn't even come close to adding up on a calculator to the amounts they have glibly claimed in spending costs, savings to the Country.

I don't really give a shit to hear home spun story's from Obama about his grandmother or lying sanctimonious  horse shit from Romney about how much he cares about the American middle class, we who he actually despises in personal private mumblings.

The next debate is scheduled for the evening of Oct. 16, when the candidates will gather in a town hall setting to respond to discreetly edited questions from handpicked members of the audience. Another phony display of our Country as a Democracy that is in fact a land not "for the people , by the people".  We are a place where justice is not served and the 1% of the very rich own our Country, along with our dear freedom loving friends, China.

I won't be watching any more debates. 

There are more enlightening things for me to do, perhaps I will clean my garage, at least there I can get to accomplish throwing out some real garbage. 

If only I had the same chance to do that to these two bozos and all their political flunkies.

A CANDLE FOR STEVEN

My first born son Steven Nathaniel Wolkoff was born on September 23,1977. He was horrifically killed by the negligence and indifference of others at the age of 30 on June 21, 2008.

Today, September 23, 2012 is Steven's birthday, he would have been 35 years young today. Instead he is dead and there will be no birthday cake or candles for him to celebrate.

The only candle lit will be the perpetual candle that burns forever in the front window of my home. I will also light a Yahtzeit candle which is supposed to be used only to mark the anniversary of a death. I will light it anyway as a memorial to the memory of his life.

Those whose evil acts killed Steven, those who stole his young life from him, those who have prevented justice to be given for the taking of his life, those who have tried to erase that Steven ever lived, those who cruelly tortured, caused him to suffer pain beyond ones imagination, those who desecrated his body, those who have deliberately lied or remained silent in telling the truth in order to protect their jobs, you are all guilty, and one day will be judged by what you have or have not done.

Today as every other day I mourn the loss of my son Steven Nathaniel Wolkoff, all that he was, and all that he could have been. I miss you so very much Steven and there is so much for us to share with each other that can never happen.

Your family will never forget you and we continue to be left stunned and grieving that we will never see you ever again.

I am sorry that there is no way for me to ease your pain and release you from the eternity of death.  All I can do is kiss you good night for another year my son Steven.

I love you. Dad

ARESENIC AND RICE-HEALTHY FOOD IS NOT GOOD FOR YOU.

Welcome to arsenic, the new additive in our food that is good for you, well not really good for you, but trust the Government and our ever vigilant agencies that are here to protect us. They would never lie, cover up or allow bad things to happen to us because they all care about our well being. So a "little" arsenic is fine, it builds strong American cancer ridden bodies. 

Get me my Dunkin donuts, spare ribs, fried chicken, french fries, quinoa,  Ben and Jerry Cannoli ice cream, and all the sugar you can find. It's the secret antidote to being poisoned by arsenic and other carcinogens that have infected our food supply.

That's it!!! There is nothing left to eat, breathe, wear, or do that won't kill us. Personally I always felt that our food chain and human chain has been totally compromised, poisoned beyond any hope of being made safe.

It's just that all this truth of how we are being poisoned is kept hidden as much as possible, either deliberately or by indifference. 

It really doesn't matter if you try to eat "healthy food', apparently there is no such thing, as the damage has, is being done to us any way.

Everyone knows arsenic is a poison--it is how countless villains have knocked off their victims in countless murder mysteries. However, it takes a lot of arsenic--relatively speaking, at least a teaspoon or two--to do someone in on the spot.


Much lower levels of arsenic, though, can cause health damage over long periods of time. Both animal and human studies have shown that what seem like tiny amounts of arsenic--exposures in the parts per billion range--can result in cancer years later. Just how carcinogenic arsenic may be is only now just coming to light. 

Arsenic is already considered to be one of the most potent carcinogens in our environment, but a new analysis still working its way through the U.S. Environmental Protection Agency (EPA) suggests that it may be even more potent than previously thought.

FDA Commissioner Margaret Hamburg says consumers shouldn't stop eating rice, though she does encourage a diverse diet just in case."Our advice right now is that consumers should continue to eat a balanced diet that includes a wide variety of grains — not only for good nutrition but also to minimize any potential consequences from consuming any one particular food," she said.

Gee, doesn't Ms. Hamburg's double talk response make us all feel so much better, especially her scientific state of response of "just in case". Good job Margaret, "just in case of what", so reassuring that you are on top of all this in doing your job.

Given these new concerns, Consumer Reports (SEE ENTIRE REPORT BELOW) decided to test rice and rice products (everything from Rice Krispies to rice milk) for arsenic. Why rice? Prior research has shown that rice generally contains more arsenic than other grains, probably because rice is grown in water-flooded conditions and absorbs arsenic from the soil and water.

The news about rice products is not good. Consumer Reports indicated today that it found arsenic in virtually all of the more than 60 different rice products it tested, and recommends that people limit rice and rice product consumption in various ways. 

Consumer Reports suggests that infants be given a serving of rice cereal no more than once a day, and that children under five not consume rice milk (rice drinks) on a regular basis. Kids should eat no more than one and a half cups of ready-to-eat rice cereal, like Rice Checks or Rice Krispies in a week. Adults should limit themselves to two standard servings of rice per week. And once you have your quota of one product, that's it for all rice products for the week.

Are some rice products better than others? Maybe. Consumer Reports test represent a snapshot of the market from which they cannot draw any conclusions about any particular brands, but they did observe some trends. White rice grown in Arkansas, Louisiana, Missouri, and Texas generally had higher levels of total and inorganic arsenic (the most worrisome kind) than rice samples from elsewhere (India, Thailand and California as a group).


And arsenic is present on a lot of soil. Residues from decades of lead-arsenate insecticide use linger, even though their use was banned in the 1980s. Arsenic-containing drugs are also permitted for use on food animals to prevent disease and promote growth. As a result, fertilizer made from poultry waste can contain arsenic.

Arsenic and Rice: Concerning Levels of Known Human Carcinogen Found in Tests of More Than 200 Consumer Reports Samples

Our findings show a real need for federal standards for this toxin

Consumer Reports magazine: November 2012

Our analysis found varying levels of arsenic in more than 60 rices and rice products.

Tracing the sources of arsenic   |  What our tests found  |  Cereals cause concern  |  Diet changes arsenic risk  |  What should be done  |  Arsenic in food  |  A CEO reworks his toddler formulas

Organic rice baby cereal, rice breakfast cereals, brown rice, white rice—new tests by Consumer Reports have found that those and other types of rice products on grocery shelves contain arsenic, many at worrisome levels.

Arsenic not only is a potent human carcinogen but also can set up children for other health problems in later life.

Following our January investigation, "Arsenic in Your Juice," which found arsenic in apple and grape juices, we recently tested more than 200 samples of a host of rice products. They included iconic labels and store brands, organic products and conventional ones; some were aimed at the booming gluten-free market.

The results of our tests were even more troubling in some ways than our findings for juice. In virtually every product tested, we found measurable amounts of total arsenic in its two forms. We found significant levels of inorganic arsenic, which is a carcinogen, in almost every product category, along with organic arsenic, which is less toxic but still of concern. Moreover, the foods we checked are popular staples, eaten by adults and children alike. See the for arsenic in rice or rice products.

Though rice isn’t the only dietary source of arsenic—some vegetables, fruits, and even water can harbor it—the Environmental Protection Agency assumes there is actually no “safe” level of exposure to inorganic arsenic.

No federal limit exists for arsenic in most foods, but the standard for drinking water is 10 parts per billion (ppb). Keep in mind: That level is twice the 5 ppb that the EPA originally proposed and that New Jersey actually established. Using the 5-ppb standard in our study, we found that a single serving of some rices could give an average adult almost one and a half times the inorganic arsenic he or she would get from a whole day’s consumption of water, about 1 liter.

We also discovered that some infant rice cereals, which are often a baby’s first solid food, had levels of inorganic arsenic at least five times more than has been found in alternatives such as oatmeal. Given our findings, we suggest limiting the consumption of rice products. Use our recommendations.

Our study was a snapshot of the market, with many products purchased in the New York metropolitan area and online, to gauge the extent of arsenic’s presence in everyday foods. It can’t be used for overall conclusions about specific brands. Still, we found important trends:

• White rice grown in Arkansas, Louisiana, Missouri, and Texas, which account for 76 percent of domestic rice, generally had higher levels of total arsenic and inorganic arsenic in our tests than rice samples from elsewhere.

• Within any single brand of rice we tested, the average total and inorganic arsenic levels were always higher for brown rice than for white.
• People who ate rice had arsenic levels that were 44 percent greater than those who had not, according to our analysis of federal health data. And certain ethnic groups were more highly affected, including Mexicans, other Hispanics, and a broad category that includes Asians.
• Reducing arsenic in food is feasible. We examined the efforts of two food companies, including Nature's One, trying to tackle the problem and learned about methods being used to try to reduce arsenic in products.
• Based on these findings, our experts are asking the Food and Drug Administration to set limits for arsenic in rice products and fruit juices as a starting point.

Studies show that arsenic can cause cancer in humans.

Rice producers argue that concerns about dietary exposure to arsenic in rice are overblown. “There is no documented evidence of actual adverse health effects from exposure to arsenic in U.S.-grown rice,” says Anne Banville, a vice president at the USA Rice Federation, a trade association representing the $34 billion rice industry. “And we believe the health benefits of rice must be properly weighed against the risks of arsenic exposure, which we believe are minimal.”

Why rice? Prior research has shown that rice generally contains more arsenic than other grains, probably because rice is grown in water-flooded conditions and absorbs arsenic from the soil and water. And arsenic is present on a lot of soil. Residues from decades of lead-arsenate insecticide use linger, even though their use was banned in the 1980s. Arsenic-containing drugs are also permitted for use on food animals to prevent disease and promote growth. As a result, fertilizer made from poultry waste can contain arsenic.

But scientists warn of complacency. “We already know that high concentrations of arsenic in drinking water result in the highest known toxic substance disease risks from any environmental exposure,” says Allan Smith, M.D., Ph.D., a professor of epidemiology at the University of California, Berkeley. “So we should not be arguing to wait for years until we have results of epidemiologic studies at lower arsenic intake, such as from rice consumption, to take action.” His studies of arsenic in public water in Chile and Argentina helped show that it causes lung and bladder cancer and other diseases.

Such long-term studies that track health effects of exposure to arsenic in rice have only recently begun in the U.S. Researchers at the Dartmouth Children’s Environmental Health and Disease Prevention Research Center in late 2011 published a small but informative study that indicated consuming slightly more than a half-cup of cooked rice per day resulted in a significant increase in urinary arsenic levels, comparable to the effects of drinking a liter of water containing the federal maximum of 10 ppb arsenic. The authors say their results suggest “many people in the U.S. may be exposed to potentially harmful levels of arsenic through rice consumption.”

The USA Rice Federation says it is working with the FDA and the EPA as they examine and assess arsenic levels in food and has supplied rice samples to those agencies for research. It also says some of its member companies may be doing their own testing. One rice company shared with us details of how it is taking matters into its own hands. Grant Lundberg, CEO of Lundberg Family Farms in Richvale, Calif., which sells rice and rice products, says the company is testing more than 200 samples of the many varieties of rice in its supply chain and plans to share the results with FDA scientists.

“We’re committed to providing safe food, to really listening to our consumers, and dealing with this problem very openly because doing the research needed to assess what the risks really are is the only way to go,” Lundberg says.

Tracing the sources of arsenic

Grant Lundberg, a rice producer in California, has begun extensive testing for arsenic.

The USA Rice Federation tells consumers that there is no reason to be concerned about arsenic in food. Its website states that arsenic is “a naturally occurring element in soil and water” and “all plants take up arsenic.”

But “natural” does not equal safe. Inorganic arsenic, the predominant form of arsenic in most of the 65 rice products we analyzed, is ranked by the International Agency for Research on Cancer (IARC) as one of more than 100 substances that are Group 1 carcinogens. It is known to cause bladder, lung, and skin cancer in humans, with the liver, kidney, and prostate now considered potential targets of arsenic-induced cancers.

Though arsenic can enter soil or water due to weathering of arsenic-containing minerals in the earth, humans are more to blame than Mother Nature for arsenic contamination in the U.S. today, according to the federal Agency for Toxic Substances and Disease Registry. The U.S. is the world’s leading user of arsenic, and since 1910 about 1.6 million tons have been used for agricultural and industrial purposes, about half of it only since the mid-1960s. Residues from the decades of use of lead-arsenate insecticides linger in agricultural soil today, even though their use was banned in the 1980s. 

Other arsenical ingredients in animal feed to prevent disease and promote growth are still permitted. Moreover, fertilizer made from poultry waste can contaminate crops with inorganic arsenic.

Rice is not the only source of arsenic in food. A 2009-10 study from the EPA estimated that rice contributes 17 percent of dietary exposure to inorganic arsenic, which would put it in third place, behind fruits and fruit juices at 18 percent, and vegetables at 24 percent. A more complete study by the European Food Safety Authority found cereal products could account for more than half of dietary exposure to inorganic arsenic, mainly because of rice.

Rice absorbs arsenic from soil or water much more effectively than most plants. That’s in part because it is one of the only major crops grown in water-flooded conditions, which allow arsenic to be more easily taken up by its roots and stored in the grains. In the U.S. as of 2010, about 15 percent of rice acreage was in California, 49 percent in Arkansas, and the remainder in Louisiana, Mississippi, Missouri, and Texas. That south-central region of the country has a long history of producing cotton, a crop that was heavily treated with arsenical pesticides for decades in part to combat the boll weevil beetle.

“Extensive surveys of south central U.S. rice, by more than one research group, have consistently shown that rice from this region is elevated in inorganic arsenic compared to other rice-producing regions,” says Andrew Meharg, professor of biogeochemistry at the University of Aberdeen in Scotland and co-author of the book “Arsenic & Rice.” “And it does not matter relative to risk whether that arsenic comes from pesticides or is naturally occurring.” High levels of arsenic in soil can actually reduce rice yields. Meharg, a leading researcher in the field, notes the Department of Agriculture has invested in research to breed types of rice that can withstand arsenic. That may help explain the relatively high levels of arsenic found in rice from the region, though other factors such as climate or geology may also play a role.

What our tests found

We tested 223 samples of various rice products that we bought mostly in April and May, many from stores in the New York metropolitan area and online retailers. The samples covered a variety of rice-containing food categories, including infant cereals, hot cereals, ready-to-eat cereals, rice cakes, and rice crackers. We bought products often used by people on gluten-free or other special diets, including rice pasta, rice flour, and rice drinks.

We tested at least three samples of the foods and beverages for total arsenic. We measured specific levels of inorganic arsenic. And we checked for two forms of organic arsenic, called DMA and MMA.

Download this PDF with complete details of our test results.

Though inorganic arsenic is considered the most toxic, concerns have been raised about potential health risks posed by those two organic forms, which the International Agency for Research on Cancer has labeled “possibly carcinogenic to humans.” We found DMA in the 32 rices we tested, which include choices from the south central states and elsewhere, including California, India, and Thailand.

Within brands, brown rice had higher arsenic than white.

In brands for which we tested both a white and a brown rice, the average total and inorganic arsenic levels were higher in the brown rice than in the white rice of the same brand in all cases. Among all tested rice, the highest levels of inorganic arsenic per serving were found in some samples of Martin Long Grain Brown rice, followed by Della Basmati Brown, Carolina Whole Grain Brown, Jazzmen Louisiana Aromatic Brown, and Whole Foods’ 365 Everyday Value Long Grain Brown. But we also found samples of brown rice from Martin and others with inorganic arsenic levels lower than that in some white rice.

Though brown rice has nutritional advantages over white rice, it is not surprising that it might have higher levels of arsenic, which concentrates in the outer layers of a grain. The process of polishing rice to produce white rice removes those surface layers, slightly reducing the total arsenic and inorganic arsenic in the grain.

In brown rice, only the hull is removed. Arsenic concentrations found in the bran that is removed during the milling process to produce white rice can be 10 to 20 times higher than levels found in bulk rice grain.

We also tested for lead and cadmium, other metals that can taint food. The levels we found were generally low overall. Based on our recommended limits for rice products, even the few samples with elevated lead and cadmium should not contribute significantly to dietary exposure.

Cereals cause concern

Worrisome arsenic levels were detected in infant cereals, typically consumed between 4 and 12 months of age.

Among the four infant cereals tested, we found varying levels of arsenic, even in the same brand. Gerber SmartNourish Organic Brown Rice cereal had one sample with the highest level of total arsenic in the category at 329 ppb, and another sample had the lowest total level in this category at 97.7 ppb. It had 0.8 to 1.3 micrograms of inorganic arsenic per serving.

Earth’s Best Organic Whole Grain Rice cereal had total arsenic levels ranging from 149 ppb to 274 ppb, but higher levels of inorganic arsenic per serving, from 1.7 to 2.7 micrograms.

So what’s a parent to do? To reduce arsenic risks, we recommend that babies eat no more than 1 serving of infant rice cereal per day on average. And their diets should include cereals made of wheat, oatmeal, or corn grits, which contain significantly lower levels of arsenic, according to federal information.

The EPA sets limits for a carcinogen based on how many extra cases of cancer would be caused by exposure to the toxin at a certain level. The limit is designed to minimize that risk. For our recommendations, we used the latest available science to choose a moderate level of protection that balances safety and feasibility, similar to the EPA’s approach for water. Our scientists made these calculations using standard estimates of weight, typical daily consumption of individual rice products over a lifetime, and the range of levels of inorganic arsenic we found. For our recommendations for children, we paid particular attention to their levels of consumption during this critical phase of their development.

According to federal data, some infants eat up to two to three servings of rice cereal a day. Eating rice cereal at that rate, with the highest level of inorganic arsenic we found in our tests, could result in a risk of cancer twice our acceptable level.

For children and pregnant women, risks are heightened. Keeve Nachman, Ph.D., a risk scientist at the Center for a Livable Future in the Johns Hopkins Bloomberg School of Public Health, says, “The more we learn about arsenic’s additional effects on the developing brain, the more concerned I am by these levels of arsenic being found in infant and toddler rice cereal.”

Ready-to-eat cereals, which are popular with adults as well as children, also gave us cause for concern. For instance, Barbara’s Brown Rice Crisps had inorganic arsenic levels that ranged from 5.9 to 6.7 micrograms per serving. Kellogg’s Rice Krispies, at 2.3 to 2.7 micrograms, had the lowest levels for the category in our tests.

Rice drinks in our tests showed inorganic arsenic levels of up to 4.5 micrograms per serving. Based on those results, our scientists advise that children under the age of 5 should not have rice drinks as part of a daily diet. In the United Kingdom, children younger than 4½ years are advised against having rice milk because of arsenic concerns.

“This is a time when cells are differentiating into organs and many other important developmental things are going on, so getting exposed to a toxicant like arsenic in utero or during early childhood can cause damage that may not appear until decades later,” says Michael Waalkes, laboratory chief at the Division of the National Toxicology Program. He is one of the authors of a June 2012 report funded in part by the National Institutes of Health that concluded early life exposure to arsenic produces a wide range of cancers and other diseases.

Diet changes arsenic risk

If rice truly is an important source of arsenic exposure, then people who eat rice should have greater arsenic levels in their body, on average, than people who do not. To find out, we analyzed data collected annually by the National Center for Health Statistics for the National Health and Nutrition Examination Survey (NHANES). The survey contains information on the health and nutrition of a nationally representative sample of the U.S. population, based on interviews and physical exams, which may include blood and urine tests.

Our data analysis was led by Richard Stahlhut, M.D., M.P.H., an environmental health researcher at the University of Rochester, who is experienced in NHANES analysis, and Ana Navas-Acien, M.D., Ph.D., a physician-epidemiologist with expertise in arsenic research at Johns Hopkins University’s Bloomberg School of Public Health. Working with Consumer Reports statisticians, they reviewed NHANES data from 2003 through 2010 from participants age 6 or older whose urine was tested for arsenic and who had reported what they’d had to eat or drink from midnight to midnight the day before their examination. A urine test is the best measure of recent arsenic exposure because most of it is excreted in urine within a few days after ingestion.

Our study shows people who eat rice have higher arsenic levels. Because seafood contains a form of organic arsenic called arsenobetaine, generally considered nontoxic to humans, we then excluded from our analysis anyone who reported eating seafood during the 24-hour period and those with detectable levels of arsenobetaine in their urine. The remaining participants therefore were more likely to have had exposure to inorganic arsenic, which poses the greatest potential health risks.

Our resulting analysis of 3,633 study participants found that on average, people who reported eating one rice food item had total urinary arsenic levels 44 percent greater than those who had not, and people who reported consuming two or more rice products had levels 70 percent higher than those who had no rice.

“Despite our taking into account other common sources of arsenic, and no matter which way we sliced the data, we see a very strong association between rice consumption and arsenic exposure,” says Stahlhut, who along with Navas-Acien led a similar analysis of NHANES data for our January 2012 article on arsenic in juice. That analysis found that study participants who reported drinking apple or grape juice had total urinary arsenic levels that were on average nearly 20 percent higher than those who didn’t. 

Consumers Union, the advocacy arm of Consumer Reports, urged the FDA to set a 3 ppb limit for total arsenic in apple and grape juice.

“These findings show that rice is an important source of arsenic exposure for the U.S. population,” says Navas-Acien. The associations were even stronger for rice compared with juice and are consistent with the relatively high levels of arsenic, including inorganic arsenic, measured in rice samples, she says. She says the results underscore the need for monitoring arsenic in food and establishing safety standards. A new study of NHANES data from Dartmouth researchers also shows that rice consumption can contribute to increased urinary arsenic levels in children.

What should be done

Consumers Union believes a standard for arsenic should be set for rice, and industry should accelerate efforts to reduce arsenic levels in rice. They should also develop types of rice that take up less arsenic, and use rice with the lowest possible arsenic in products for young children, such as infant rice cereal.

Our scientists are also asking regulators to prohibit agricultural practices that may lead to increases in arsenic in rice:

• The EPA should phase out use of pesticides containing arsenic.
• The USDA and the EPA should end the use of arsenic-laden manure as fertilizer.
• The FDA should ban the feeding of arsenic-containing drugs and animal byproducts to animals.

To find out more about what Consumers Union is doing on the subject and to get involved, go to ConsumersUnion.org/arsenic. On the international stage, a group advising the World Health Organization is meeting in 2014 to consider proposed arsenic standards for rice. Limits of 200 ppb (inorganic) for white rice and 300 ppb (total or inorganic) for brown rice are under discussion.

After the concerns raised by our juice story, the FDA says it is confident in the overall safety of apple juice. “FDA has made significant progress in developing a proposed action level for arsenic in apple juice and is nearing completion of this work,” the agency says in a statement.

The FDA also says it is studying arsenic in rice and rice products to determine the level and types of arsenic typically found and to identify ways to reduce it.

“The need for a standard for arsenic in food is long overdue,” says Trudy Bialic, director of public affairs for PCC Natural Markets, a Seattle-area chain that is America’s largest food co-op. “Certainly there are excellent and committed people in FDA’s ranks, but it’s shameful the agency has not addressed this problem more systematically, leaving us to figure it out on our own to protect ourselves.”

Arsenic in food

The chart here lists the rice and rice products in our tests and the levels of arsenic we found. Also, download this PDF with complete details of our test results.

How to cut your arsenic risk

Test your water. If your home is not on a public water system, have your water tested for arsenic and lead. To find a certified lab, contact your local health department or call the federal Safe Drinking Water Hotline at 800-426-4791.
 
Change the way you cook rice. You may be able to cut your exposure to inorganic arsenic in rice by rinsing raw rice thoroughly before cooking, using a ratio of 6 cups water to 1 cup rice for cooking and draining the excess water afterward. That is a traditional method of cooking rice in Asia. 

The modern technique of cooking rice in water that is entirely absorbed by the grains has been promoted because it allows rice to retain more of its vitamins and other nutrients. But even though you may sacrifice some of rice's nutritional value, research has shown that rinsing and using more water removes about 30 percent of the rice's inorganic arsenic content.
 
Eat a varied diet. Some vegetables can accumulate arsenic when grown in contaminated soil. To help, clean vegetables thoroughly, especially potato skins. Some fruit juices such as apple and grape juice are high in arsenic, as our previous tests showed. To prevent obesity and tooth decay, pediatricians advise that infants younger than 6 months shouldn't drink juice; children up to age 6 should have no more than 4 to 6 ounces a day and older children no more than 8 to 12 ounces. Like grape juice, wine also can be a source of exposure, according to data collected in the FDA's Total Diet Study, which provides more complete information about arsenic content in a variety of foods. Go to fda.gov and search for "total diet study analytical results."

Experiment with other grains. Vary your grains, especially if you eat more than two or three servings of rice per week. Though not arsenic-free, wheat and oats tend to have lower levels than rice. And quinoa, millet, and amaranth are among other options for those on a gluten-free diet, though they have not been studied as much.

Then the FDA and EPA should address the sources of arsenic in food. Arsenic-containing herbicides can still be used on cotton; EPA should phase out this use since the arsenic can get into water and soil. Arsenic-containing drugs can be given to healthy chickens, turkeys, and pigs to promote growth and prevent diseases--FDA should prohibit this practice. And because of this drug use, relatively high levels of arsenic may end up in poultry manure, which can be used on rice fields as fertilizer, contaminating the crop. Until FDA prohibits feeding arsenic-containing drugs to chickens, rice farmers should not use poultry manure on fields.

Arsenic is a serious health concern. Given what we learning about arsenic's role in contributing to cancer and other serious health problems, the government needs to regulate it in food. This includes setting standards and banning the practices that persistently deliver arsenic into our food and water supply.

In the meantime for me, pass the ice cream, cannolis, and donuts around, I need some more to stay healthy.