from phmiracleliving.com

Robert Oldham Young

An attorney for the Valley Center man who is accused of practicing medicine without a license and defrauding cancer sufferers of thousands of dollars for fake cures asked a judge to suppress certain evidence at a hearing today, May 12.

Felony jury trial for Robert Oldham Young, 63, is still five months away and attorneys are arguing pre-trial motions in San Diego’s North County Superior Courthouse.

Defense attorney Paul Pfingst asked a judge to disallow testimony that gives opinion regarding educational requirements for a person to refer to himself as a scientist or microbiologist.

“It is argued that Dr. Young’s formal education is inadequate for him to call him[self] an expert. The People haven’t explained why a scientist or microbiologist is required to have a degree to refer to themselves as such.”

Did Dr. Young intend to deceive?

Prosecutor Gina Darvas asserts that the defendant fabricated his science and credentials, and that is part of the proof that Young intended to deceive.

“The people cannot set a government standard to qualify as a scientist and microbiologist,” defense claims. Pfingst added, “There is no crime of practicing microbiology without a certificate.”

Pfingst also wants to suppress any talk about the academic reputation of the Clayton Schools, its accreditation or educational standards, or lack thereof.

“The prosecution repeatedly and pejoratively describes The Clayton School as a ‘diploma mill,’” Pfingst complained. Defendant Robert Young reportedly obtained a degree from that institution 20 years ago. Attorney Pfingst stated that if prosecutor Gina Darvas has a low opinion of that PhD program, her opinion is “inconsequential.”

The prosecutor is asserting that Young is not a licensed naturopathic doctor; Pfingst responded that “Dr. Young is a naturopathic practitioner [not a naturopathic doctor].”

“Dr. Young was well ahead of the medical community in advocating for major dietary changes in order to improve health,” according to Pfingst, who also stated, “The American Cancer Society now states that as many as a third of all cases of cancer in the United States could be avoided, if we as a nation adopted healthier eating habits.”

The defendant suggests that dietary patterns are a major contributive factor to most disease conditions, and Pfingst stated, “Scientists still do not understand the mechanism by which cancers appear in the body.”

Pfingst claimed that the legislature passed a “Health Freedom Act” that seeks to increase the availability of naturopathic services and to avoid prosecutions for technical violations of the Medical Practice Act. Pfingst stated the act is an effort to encourage access to alternative health care and to reject a monopoly on medical care by the traditional medical community.

Prosecutor Darvas has charged Young with nine felonies. There are five counts alleging treating the sick without license, plus two charges of grand theft.

The prosecutor refers to the defendant as an “alleged doctor” who created a persona to help him sell his products.

Darvas alleges that Young never disclosed to his clients that he is not a licensed physician, that his treatments are “alternative,” and that his services are not licensed by the state.

The jury trial for Young will be begin on October 5 in San Diego’s North County Superior Courthouse.