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the U.S. Government.
18 USC Sections 1028(a) (7) 18 USC Sections 1028(a)(7), Count 5, date 10/24/01, items transferred. Count 6, date 11/12/01, items transferred. Count 7, date 10/3/01, items transferred approximately 1,900 social security numbers assigned to other individuals. Count 8, date 2/13/02, items transferred. The social security number assigned to Gary Winnick. "Only one tribunal ever adopted a practice of forcing counsel upon an unwilling defendant in a criminal proceeding. The tribunal was the Star Chamber." -U.S. v Faretta , 422 U.S. 806 (1975) OUTSIDE IT'S AMERICA. When speech is compelled, additional damage is done. Individuals are coerced into betraying their convictions. Forcing free and independent individuals to endorse ideas they find objectionable is always demeaning. -Thomas Jefferson
REPORT A GANG MEMBER.
Look, you know you have to look, there! ABOVE!! It's "a person, on the left," and "the person of another," on the right. Do you understand? No? Still Baffled? Click image below for the answer to the question, "What is a person and what is the difference between a person and the person of another?"
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"I MEAN, OBVIOUSLY, THIS ISN'T AN INQUIRY ABOUT MY CONDUCT AND I KNOW THAT, YOUR HONOR." ~Elena Duarte A.K.A. TAKE 'EM BACK. THAT'S CORRECT, YOUR HONOR.
JUDGE MATZ: OKAY. GO AHEAD, MS. DUARTE, SINCE MAYBE IT'S GOING TO AFFECT SOME OF THE THINGS THAT I CHOOSE TO DO. IF YOU WANT TO, WITHOUT GETTING INTO EVERY SCRAP OF PAPER, JUST ENLIGHTEN ME ABOUT WHAT IT IS THAT YOU THINK YOU'VE DONE TO FOSTER THE EXCHANGE OF INFORMATION NECESSARY TO ENABLE SOMEONE, WITH OR WITHOUT A LAWYER, TO DEFEND HIMSELF UNDER THESE CHARGES. WHAT HAVE YOU PRODUCED?
MS. DUARTE: WELL, YOUR HONOR, THIS IS JUST - - I WENT THROUGH AND DID A BRIEF CHRONOLOGY, IT'S VERY BRIEF, AS TO THE ELECTRONIC EVIDENCE, OKAY. AND I CAN DO THE REST IF YOU WANT AND I CAN FILE IT IN THE FORM OF A DECLARATION.
THE COURT: I THINK YOU SHOULD.
MS. DUARTE: ON JUNE 4TH, 2002, ACCORDING TO MY RECORDS, I TURNED OVER TO MS. POTASHNER AT THE FEDERAL DEFENDER'S OFFICE EIGHT CD'S. THEY WERE ENTITLED HOSTING SOLUTIONS, ABOVE INC., WEB GROUP, A SERIES OF PRESERVATIONS DATED OCTOBER 6TH, DECEMBER 7TH, DECEMBER 2ND, FEBRUARY 28TH, AND MARCH 5TH. THAT WAS A SINGLE CD. A PRESERVATION FOR MARCH 28TH, A CD ENTITLED GX BACKUP, A CD ENTITLED 12-12-01, AND A CD BY THE SHORT NAME OF PAUL CARPENTER.
THE COURT: WHO HAD EXECUTED THOSE DOWNLOADS?
MS. DUARTE: THE F.B.I. AGENTS AND MEMBERS OF GLOBAL CROSSING AND THE BEVERLY HILLS POLICE DEPARTMENT.
THE COURT: OKAY. AND THAT WAS - - AND THE DOWNLOADS WERE RECORDED BY DATE SO THAT IT WAS THE VERSION OF THE WEBSITE THAT COULD BE ESTABLISHED AT LEAST ON SOME KIND OF IDENTIFYING TAG IN THE DOWNLOAD.
MS. DUARTE: MR. HARRIS CAME IN ON OCTOBER 20TH, AND I RETURNED TO HIM ON THAT DATE 103 CD'S AND FLOPPIES. I HAVE A RECEIPT. I TOLD HIM THAT THESE WERE ORIGINAL EVIDENCE. THEY WERE SEIZED FROM DEFENDANT'S HOUSE BACK IN NEW HAMPSHIRE, AND WE HAD DETERMINED - -THEY DETERMINED THAT THE F.B.I., THAT THEY HAD NO EVIDENTIARY VALUE. I WAS NOT USING ANYTHING FROM THEM AND I WAS RETURNING THEM AS ORIGINAL EVIDENCE BACK TO HIM.
THE COURT: IN OTHER WORDS, WITHOUT EXPECTING IT TO BE PART OF YOUR EVIDENCE AT TRIAL?
MS. DUARTE : CORRECT.
COURT: DID YOU KEEP A COPY OF IT , OF THESE 103 CD'S?
MS. DUARTE: I DON'T HAVE A COPY. THE ONLY THING THAT MIGHT HAVE OCCURRED, ALTHOUGH I DON'T THINK IT DID . LET ME ASK THE CASE AGENT IF IT WAS IMAGED, YOUR HONOR? NO. IT WASN'T EVEN IMAGED BY THE F.B.I. BECAUSE IT WAS SO UNCLEAR IT DIDN'T HAVE EVIDENTIARY VALUE.
THE COURT: BASICALLY, YOU'RE SAYING WE TOOK THIS FROM THE COMPUTER, FROM THE THINGS THAT WE SEIZED WHEN WE CONDUCTED THE SEARCH AND WE DON'T NEED 'EM AND THEY'RE YOURS.
MS. DUARTE: TAKE 'EM BACK. THAT'S CORRECT, YOUR HONOR. I MEAN, OBVIOUSLY, THIS ISN'T AN INQUIRY ABOUT MY CONDUCT AND I KNOW THAT, YOUR HONOR, BUT I'VE ALSO AS I'VE DONE WITH ALL ATTORNEYS I MADE MYSELF AVAILABLE FOR ADDITIONAL CONSULTATION BUT I THOUGHT THAT THAT WAS THE EASIEST WAY TO SHOW HIM WHAT HAD HAPPENED BECAUSE I KNEW THAT HE WAS STEPPING INTO A DIFFICULT CASE AT THIS POINT. AND IN THAT LETTER, I ALSO TOLD HIM THAT MR. HARRIS AND I HAD HAD A MEET-AND-CONFER; THAT THE COURT HAD ORDERED WHEN MR. HARRIS WAS RELIEVED, THE ISSUE ABOUT THE MISSING - - AND I PUT THE TERM IN QUOTES, CD'S FROM BUREAU OF PRISONS HAD BEEN BROUGHT UP BY KILLERCOP. SO MR. HARRIS AND I HAD A MEET AND CONFER ABOUT THE EVIDENCE THAT WAS TURNED OVER TO HIM AND WE HAD FIGURED OUT WHICH THREE CD'S, IF YOU WILL, HE SUPPOSEDLY NO LONGER HAD AND I LISTED THOSE FOR MR. NICOLAYSEN AND I TOLD HIM THAT THEY WERE FROM - - I'M SORRY.
THE COURT: GO AHEAD.
MS. DUARTE: THAT THEY WERE FROM THAT BATCH OF CD'S AND FLOPPIES THAT WE HAD EARLIER RETURNED DEEMING TO HAVE NO EVIDENTIARY VALUE WHATSOEVER.
THE COURT: THANKS, VERY MUCH. I CAN SEE WHY YOU WANTED TO ARTICULATE THAT AND YOU'RE RIGHT. AT NO TIME HAD I EVER EVEN THOUGHT THAT THE GOVERNMENT OR YOU PERSONALLY DID ANYTHING INAPPROPRIATE OR UNETHICAL, NOT AT ALL. NOW, MR. REED, YOU JUST HEARD WHAT MS. DUARTE TOLD ME. HOW MUCH OF THAT MATERIAL THAT SHE JUST DESCRIBED DO YOU BELIEVE YOU HAVE IN YOUR PHYSICAL POSSESSION?
MR. REED: I HAVE NONE, YOUR HONOR.
THE COURT: DO YOU KNOW WHERE IT IS NOW?
MR. REED: I DON'T, YOUR HONOR.
(CENSORED 03.26.2023)
They all ignored their oaths, the facts, the rules, the laws, the 5th and 6th amendment and proceeded forward with a selective persecution in a secret hearing. "Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented." -Elie Wiesel With the above in mind, could you please help and make a small donation. TO DONATE JUST SCAN THE VENMO OR ZELLE QR CODE BELOW.
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