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August 03, 2008

Jean C. Duley... tell us again...

Okay, well the more research I do into the now infamous Ms. Jean C. Duley - the "therapist" who filed a restraining order against the alleged anthrax attacks suspect Bruce E. Ivins - the more her story sounds like a whole load of crap.

Let's rehash Ms. Duley's role in the whole saga.

According to The Smoking Gun, documents they obtained and posted show that Ms. Duley filed a restraining order request against Bruce Ivins on July 24th. In that complaint, she wrote the following (the errors are hers):

client has a history dating to his graduate days of homicidal threats, actions, plans, threats & actions toward theripist. Dr. David Irwin his psychiatrist called him homicidal, sociopathic with clear intentions will testify with other details FBI involved,  currently under investigation & will be charged with 5 capital murders. I have been subpoena to testify before a federal grand jury August 1, 2008 in Washington, D.C.

It is hard to know where to begin with this piece of work, but let us start with the obvious:

1. FBI Investigation into Domestic Bioterrorism Attacks Is Open to Duley?

How does Duley know that Ivins "will be charged with 5 capital murders?" She has yet to testify to the grand jury, which means the grand jury has yet to indict him. And why on earth would the FBI investigators read Duley into the case details?

2. Death Threats, Terra Threats, and "theripist" threats, oh my?

The complaint alleges that on July 9th Duley got threats of a homicidal nature, see here. Now, I don't know about you, but I would not wait roughly three weeks to report homicidal threats from a bio-weapons expert, nor would I wait that long to report threats that were made only against me. I have had some personal experience with stalkers. You don't wait when you are frightened like she claims to be. If you are that frightened, you go straight away to the police. She says that on July 10, Ivins is committed to Shepard Pratt psychiatric facility. I have yet to read any account of anyone validating this. But let us assume that he was, Duley alleges that he signed himself out on July 16th, after Ivins went to have a commitment hearing.

Again, if a bio-weapons expert is making homicidal threats and is committed, he does not get to check himself out and if he actually attended a commitment hearing and was granted release, then clearly someone at Shepard Pratt that that Ivins was stable. But in any case, he is out on July 16th, so why is she still not filing a restraining order against him? Why does she wait until July 24th?

In addition to this series of strange claims by Duley, the most obvious issue here is if Ivins had a history "dating back to his graduate days" - so some 30 years ago - of homicidal threats and plans (whatever the hell that means), how was he able to gain access and security clearences to work with Anthrax?

And just what kind of therapist cannot spell the term of her own profession, spelling it "theripist?" She got subpoena right, which is far more difficult to spell (although the tense is wrong) and yet a term that is used on a daily basis in the field that she actually works in she could not get right?

3. Dr. David S. Irwin, come on down...

According to Duley, Ivins was described by a psychiatrist as "homicidal, socipathic with clear intentions" although she does not specify what the intentions are. Again, I have to ask what kind of psychiatrist a). makes these statements to some twit fresh out of school in violation of HIPAA laws, but b). does not file a police report given who the patient is, and c). does nothing to notify Ft. Detrick?

Okay, now with these basics in hand, let's examine Ms. Duley;

1. According to her boyfriend of 7 years, she is in an undisclosed location because she wants privacy. Okay, then why is her boyfriend Mike giving statements to the press?

Mike McFadden, spoke to The Frederick News-Post on Saturday from their home in Williamsport and provided a statement on her behalf.

"Jean is currently at an undisclosed location," McFadden said.

2. Duley's boyfriend says she was "reluctant to become involved in the FBI investigation" and then turns around and says "Jean is the kind of person who believes her life is insignificant in comparison with the kind of damage Dr. Ivins is capable of...She sacrificed all this stuff because she wanted to do the right thing. She'll soon reveal what many wouldn't because they didn't want to be involved with it." Which is it, was she reluctant or willing to sacrifice everything because she felt her life was insignificant?

And what is with this cryptic statement:  "she'll soon reveal what many wouldn't because they didn't want to be involved with it."

She will soon reveal? Um, this is a terrorism case, it is not for her to reveal anything, rather, it is for the FBI/DOJ to reveal information. And if she had something to reveal, why does she simply not reveal it? She wants privacy, but dangles this little morsel over the heads of hungry journos?

3. What kind of therapist was Ms. Duley? Well, as of 07/08 she had made the Dean's list of a small and extremely expensive liberal arts college called Hood College, which costs $24k p/y to attend. So I am not entirely clear what degree she was going for or how she was able to pay for it on a social worker's salary. Also interesting is that in 1999 she had gotten a Chapter 7 Discharge, which again makes one wonder how she was able to pay for tuition.

Record 1:
Civil Record Verification: Confirm Case # 9920549 at the Court House
Defendant: DULEY, JEAN Case Number: 9920549
Filing Date: 19990907 Address: 343C FIELDPOINTE BV 103
Zip: 21701 Schedule 341 Date: 19991008
Attorney: STEVEN COHEN Attorney Phone: 3019899000
Attorney Address: 15316 SPENCERVILLE CT Attorney City: BURTONSVILLE
Attorney State: MD Attorney Zip: 20866
Assets Available: N Court Code: MD002
Court Name: GREENBELT Judge Initials: DWK
Unlawful Detainer: N

4. If you go back to the statement by her boyfriend above and read the full article, he also says of Duley "She had to quit her job and is now unable to work, and we have spent our savings on attorneys."

Okay, I give up. Why did this woman have to spend all her money on attorneys? She clearly filed the restraining order herself. So how is it that she incurred any attorney fees? Unless, of course, her boyfriend means that she incurred attorney fees for her DUI jury trial in 06 and ongoing fees relating to her probation? Why did Ms. Duley lose her job? Is it because as a "therapist" working with drug addiction cases, she was found driving under the influence?

I don't know what to make out of all of this. Is this woman jumping on the bandwagon hoping to pen a book deal or something? Is she simply lying? Is she telling the truth about Ivins? Is she as nutty as she claims him to be? I don't know. What I think, however, is that if this witness was dragged into a court in which I was the defense attorney, her credibility would quickly be shot down. Somehow, I think, we will soon see a Fox Noise exclusive interview with this woman and her boyfriend who will "reveal" what it is that they know. At this point, I am not buying this story and I am not sure why the media has jumped on her claims as though they were gospel.



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Regarding some comments above:

1) HIPAA requirements allow for the sharing of information between health care professionals. If the psychiatrist believed that Duley was certified, there would be nothing illegal or unethical about him sharing a patient's case history with her.

2) When Ivins was hospitalized for earlier overdoses and alchohol abuse, he almost certainly would have been assigned an in-house counselor. This could explain how he happened to be associated with a counselor of minimal qualifications.

I apologize - it seems that I had already posted my concerns about Ivin's ability to travel to NJ and not raise any eyebrows. LOL

I should have read down a bit further. My bad!

Sappho - one other thing. According the the Washington Post, Ivins told a friend that he didn't trust his therapist in MARCH. He said that he thought she might be working for the FBI. So, what do you suppose the chances are that he would then confess his plans to go ballistic and kill a bunch of people, a few months later?

I have one burning question. I want to know if she saw any individual patients OTHER than Ivins? Was she actually a FBI set up?

She was only released from home detention for a DUI a few days before she filed the peace order request. Could that have any bearing on this case? Is it possible that her motivation was to get her own butt out of some trouble?

Amanda - you are right to think of the timing. Take it one step further. Given the type of work Ivins did, what do you think the chances are that his wife would not have flipped out if he was late from work - a week after 9/11? And I am talking 7-8 hours late, which is the minimum time involved in driving from Ft. Detrick, to where the letter was mailed in NJ. Even if he had some good "explanation" for his wife, she would have remembered such a strange and scary thing, so soon after 9/11. He didn't miss work anytime around then, so he would have had to do it after work. So unless his wife is covering up for him, which seems unlikely, or somehow "forgot" something so odd (so close in time to the most serious terrorist attack in US history) there is almost zero chance that he could have made the trip.

Miss Cleo - you know me from FNP. Come see this. I am keeping track of this stuff. I don't want a bunch of people there, but you suggested that frederick_cty you and I talk elsewhere. Feel free =) http://admin-somthingstrange.blogspot.com/

You can have a BSW without sitting for the test and becoming a licensed social worker. Also, it wouldn't be a violation of HIPAA law for a Psychiatrist to talk with a counselor about the history of a client she was treating. It works on a "need-to-know" basis within the same agency.

Many hear have it right. As a mental health professional, let me add what I know. If a hospitalized psyhchiatric patient makes violent threats, they are deemed a danger to self and others. It would be un-heard of that this person could sign themselves out voluntarily. In most states a medical professional-psychiatrist would have to deem him/her fit for discharge and in some instances a court hearing is required if the patient disagrees with the psychiatrist. Furthermore, this man had means, which Ms. Duley clearly was aware of and therefore was required to notify her supervisors of the dangers this man posed to self and others. Let me also add, she was also legally required to notify anyone that she thought Dr. Ivans would possibly injure, namely neighbors, friends and even the general public. A restraining order was for her protection, but if she really felt that unsafe, her efforts should have been to make sure Dr. Ivans remained hospitalized indefinately. This is not as difficult as it seems. This is especially true because of the work that this man did.

The government is admitting that the anthrax attacks were an inside job. They want us to believe that a lone scientist a week after 9/11 engaged in a complex criminal conspiracy all by himself. But the elephant in America's living room is why did White House staff, and President Bush as well, begin taking the powerful anti-anthrax antibiotic Cipro 7 days before the envelopes were mailed and nearly a month before anthrax was detected on Capitol Hill? How did they know that an anthrax bioterrorist attack was coming? Why were they were they profalactically treating themselves specifically for anthrax?

The government is admitting that the anthrax attacks were an inside job. They want us to believe that a lone scientist a week after 9/11 engaged in a complex criminal conspiracy all by himself. But the elephant in America's living room is why did White House staff, and President Bush as well, begin taking the powerful anti-anthrax antibiotic Cipro 7 days before the envelopes were mailed and nearly a month before anthrax was detected on Capitol Hill? How did they know that an anthrax bioterrorist attack was coming? Why were they were they profalactically treating themselves specifically for anthrax?

Fellow Readers:
I actually attend school with Jean Duleys son in Rockville and have been a friend to him for over six years. Although I have no ill will towards them, I can tell you that these events do not suprise me. They're not a bad family but Ms. Duley does have a troubled past. Yes she did drugs and other stuff but has made a conscious change drug-wise for her son. I had no idea about the dui's but had heard about alcoholism. Does the lady deserve to be tormented for this whole fiasco? No. What I can tell you is that she is definetly twisting the truth and that she has been known to be two-faced. Her son in fact, got in trouble for drugs and alcohol and blamed it on me and my other friends. Jean proceeded to act like she was on my side then tell the other parents i was a drug dealer and that I was a bad influence. What I truly see is history repeating. And like I said, I know jean and this story does not suprise me. I do hope for all gods blessings for this family. But also keep in mind they will try to push the blame on somebody else.

BSW? That isn't enough to be considered a mental health professional! Sure, you could do BS "addictions counseling" for a rip-off, court-ordered program, but it would be unethical to pass yourself off as a therapist and take private patients. In order to be a psychiatric social worker in most states you need at least a master's degree AND have to pass an extremely difficult test AND pass a probationary period of at least two years working under the supervision of a LSW (licensed social worker), and that's after an intern period.

Why would a well-paid, older, highly intelligent scientist see someone unqualified, with half his IQ? Unless this was a court-ordered program, I can't see Dr. Ivins wasting his time with this person. He'd consult a Phd or PsyD at the very least... Someone as educated as he was.

The more I look into this Jean Duley, the more I can't help but believe that she was part of an intelligence operation aimed at Mr. Ivins. His "therapist" was probably a paid informant, which would also explain her ability to pay for that nice private school. She was on the payroll. As far as her own criminal background, that is the perfect kind of character the government likes in its employ, since they can be manipulated a lot easier with various incentives (e.g., a charge being dropped), and their own credibility can be brought into question in case they themselves turn whistleblower (e.g., "that person is just a disgruntled convict").

As far as her own notes on Mr. Ivins, they reflect an almost common pattern of irresponsible charting by medical personnel. No specifics, nothing objective, and very little attention to detail. If she has been a legitimate social worker, she was seeing many, many patients, making it hard to get simple facts straight.

Her notes about Mr. Ivins getting a bulletproof vest were probably a gross embellishment and contortion of a remark he probably made about getting a bulletproof vest so that some shadowy black-ops group can't kill HIM! And he may have even said it in jest. But then she takes a germ of truth and morphs it into something totally untrue in order to satisfy her paymasters at the FBI.

All must examine the restraining order application filled out by hand by Duley, and compare some of the lettering there to the anthrax letters and envelopes. You will see an eerie similarity to the hand printed "J" of Jean and the hand printed "G" on the anthrax documents. Both have a very similar curl into the letter's center area. I think Duley wrote the anthrax letters, which begs the question...how did she get anthrax?

Mr. Ivins was an intelligent scientist, and he chose Tylenol as a way to kill himself? If he wanted to, couldn't he have found a less painful way to make his exit?

And they dont see the need to perform an autopsy? in one of the largest most important FBI cases ever?

Boy does this case ever stink.

Larisa, can you find this article?
In a 1999 interview with The Washington Post, Duley described her background as a motorcycle gang member and a drug user. "Heroin. Cocaine. PCP," said Duley, who then used the name Jean Wittman. "You name it, I did it." http://www.washingtonpost.com/wp-dyn/content/article/2008/08/05/AR2008080503747.html?hpid=topnews

I do not know if this woman is a Frederick "transplant" or not but I find it hard to believe she participated in that sort of 'rough and tumble' lifestyle in Frederick at that time. Maybe in D.C. or Baltimore, but Frederick is NOT the 'motorcycle gang' sort of place. There have been recent gang activities n the area but the more I read about this woman the more I am beginning to find information to support my humble opinion that this woman is a grand story teller and self promoter.

Law enforcement could have been apprised of all the facts if she wanted to keep seeking active protection from them, since FBI apparently refused that. All the order gets you is police response and criminal prosecution for violation. Sometimes the very seeking of an order triggers violence. It's not a force field.

Since it was so high profile, she could have moved to seal her declaration if she wanted all the extraneous information in the record. Since she says FBI told her to seek the order, FBI should have requested that and the hearing and documents would have been sealed in a heartbeat. But of course, the whole point was to create media fodder.

That hearing was a travesty, and it's possible it contributed to Ivins' suicide if he indeed killed himself. I've not seen enough emphasis on the fact that a man is dead, and regardless of what he did, that is a terrible thing. It's also bad for the public because what he knew is gone.

I'm not blaming Duley for this. She was obviously over her head. It just seems she could have used more discretion, and I wonder whether her attorney was smart in not counseling her to do that.

Mitch said:

"I think a mental health professional who has to file a restraining order because she's afraid of a potentially dangerous patient should be given the benefit of the doubt."

Sure, assuming her story is true, she had a legitimate interest. This interes could have been easily met with much more discretion. She was obviously used. Live testimony is overkill for that stage. She had an attorney. Why not do a declaration, which would take an hour? Why not focus on her facts, not stuff she had been fed? The tempoary order would have been granted on the facts on the first page.

The part that puzzles me the most was Jean Duley's police statement that "client has a history dating to his graduate days of homicidal threats, actions, plans, threats & actions toward theripist." Elsewhere the time frame was 2001.

How could she possibly know that?

What information was Dudley given by the FBI prior to becoming his counselor?

If Ivins was indeed a suspect (as opposed to a scapegoat), why wouldn't a more experienced and qualified person be assigned? Why someone with a dismissed/ disappeared drug charge? Was there a quid pro quo?

She can't. My guess - just a guess - is that the second DUI and some extra cash helped her make the decision to file the complaint.

The Maryland state registry for social workers doesn't include Jean Duley, but according to the Frederick News-Post article she's BSW, CSC-AD. The CSC-AD is a category of certification for drug and alcohol counseling in Maryland.

This is... interesting. From the complaint reproduced at smokinggun.com, there is one question that Duley seems to have skipped. I'm sure she missed it by accident...

"Do you contend that the respondent engaged in a sexual assault against you and without your consent that placed you in fear of physical harm or danger?"

From an article titled "How Not to Commit Suicide" found at http://www.well.com/~art/suicidepge5.html

Notice that a suicide victim can live for five days after a lethal dose of acetoaminophen, and be awake for part of that time. Long enough for a death bed confession (or not). It does make the son's face book notation very sad if he watched the process of his father's death.

"The pain-reliever acetaminophen, sold as Tylenol, also makes people sick to their stomachs at first, but then gets more deadly. The drug changes into toxic particles that are usually neutralized by glutathione, one type of coenzyme found in the liver. In overdose, if it isn't pumped out in time, the toxic particles deplete all of the glutathione, causing the painful death of an hepatic coma. Even relatively late in the process surrogate glutathione can save the liver, but if the organ does become diseased the results can be similar to those of hepatitis: jaundice, itchy skin, depression, long-term listlessness, inability to eat much.

"The liver detoxifies poisons that build up in the body," McKinney said. "If you destroy the liver it's like never taking the garbage out. Specifically the most common build up is ammonia in the blood, which you know if it goes too far will put you in a very deep coma, and then kill you."

Both McKinney and Bedard told me about people who took Tylenol or phosphorous, which also destroys the liver (and incidentally produces phosphorescent vomit). In both cases, they slept off the initial sickness and recovered for five days -- during which time they decided suicide was a mistake after all and they wanted to live. But the liver had been destroyed and after five days each of them started to feel very sick, passed into deep coma, and died. "He knew it would happen and that there was nothing we could do about it," Bedard said, "and his friends and family knew it, and for five days they sat in the hospital together waiting for it."

ahhh, but you haven't checked the boyfriend's record. seems this couple was in deep doody.

This is one of the weirdest cases I have ever seen. Not only is there this whole business of Duley, which has been explored pretty thoroughly here, but get a whiff of THIS: apparently, unnamed officials say that the motive for the anthrax attacks is (I am not making this up)obsession with a sorority from 30 years ago. (which fits nice and neat with Duley's odd "going back to his graduate days" statement.)

Here's the deal - the anthrax was supposedly mailed from a mailbox on campus in Princeton NJ. This mailbox sits about 100 yards away from a Kappa Kappa Gamma storage facility. (There is no actual sorority house on campus.) So, Ivins was reportedly spurned by a sorority girl at HIS college, 30 years ago, prompting him to send the poison from that location. I know - WUT?

There is no mention of why the anthrax was mailed to media sources and politicians rather than hot college girls (incidentally - Hood College is right down the street from both his house and Ft. Detrick, and full of them), but that's not important. (The *officials* did not mention it, but Ivins' DAD was actually a Princeton guy! That is proof, for sure.) Ivins' has no apparant personal history with Princeton.

Now get this: The *officials* say that there is no proof that Ivins was in NJ, but that he "could have gone after work". Put this in context. The first mailing was postmarked a week after 9/11. Yes, THE nine-eleven. NJ is about a 3-4 hour drive from Frederick MD, at best. What do you suppose the possibility is that Ivins could show up 6-8 hours late from work, and that his wife would not have already called the FBI? Remember it was a WEEK after 9/11. This guy worked in a bio-weapons lab. hello? At the very least, if something so weird had happened, so soon after that, she would have REMEMBERED it. It was a Tuesday. There is obviously no indication that he missed work that day or the next.

Does anyone else think that the FBI is grabbing at straws here? The BS about tracking the DNA is just that - BS. But even if it weren't BS - the fact remains that many people had access to the anthrax. Security was lax back then.

And one of the most important aspects of this case is that Ivins lacked the skills and ability to turn HIS anthrax into the powder form. That is apparently a very specific technical ability, and one which no one believes he had.

Sorry to ramble, but I live in Frederick, and though I didn't know him, I know many people who did. Not one is willing to even speculate that he "could have" done this. Every one is adamant that he didn't. I have never seen anything like it.

But why was Ivins a client of Duley in the first place?I heard her say in the hearing where she asked for the protective order, that she was seeing him individually, and in a group session,but why was he her client??Was this counseling court ordered or voluntary?She also stated in the hearing that he had been a client for about six months.And what sort of idiot employs a drug and alcohol counselor who had two DUI convictions in the previous two years??

Without question, this is akin to a Sudoku problem...but the numbers are beginning to fill themselves in. But, as to her knowledge of the 5 capital crimes that Ivins was to be indicted on, he may have told her himself... as a result of the FBI putting the screws to him. Still, there are far more questions then answers, and the government needs to come clean.... oops... perhaps that is impossible until the criminals currently in charge are terminated from their postitions.

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