"Circumstances do not make a man, they reveal him." – James Allan

JUDGE MATZ SAYS:

“The fact is that Killercop used not only ENTIRELY DIFFERENT LANGUAGE but was in a situation, was perceived to be in a situation, was none at the time of the indictment to be in a situation that there was no information suggesting Schmoe, whoever that is, was in.” ~JUDGE HOWARD MATZ, COVERING UP KILLERCOP'S SECOND MOTION TO DISMISS FOR A SELECTIVE PROSECUTION.

JIVE TALKING TURKEY, THAT'S JUST THE MAN'S DENIAL OF THE ANSWER OF THE QUESTION OF THE JURISDICTION!

ONE CAN'T HAVE THE TARGET BECOME THE VICTIM. IT'S NOT GOOD FOR BUSINESS!!

"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

REASONABLE DOUBT

"Silence in the face of evil is itself evil: God will not hold us guiltless.
Not to speak is to speak. Not to act is to act." ― Dietrich Bonhoeffer

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All Rights Reserved

JOE SCHMOE, A.K.A. JOE COOL, A.K.A TED? A.K.A. i THINK IT WAS GARY. OR MARK.

Trial of Killercop: Pages 2184-2185

Closing argument by Elena Duarte A.U.S.A. on behalf of Debra Wong Yang, Trial By Matz and Appeal By Kozinski.

"And I also ask, when you consider Killercop's intent, which you will do, that you keep in mind the following:

When you consider whether Killercop knew what threats were and he intended to threaten, that he has made a great deal out of the Joe Schmoe threat. You remember Joe Schmoe? I'm going to personally [SHE INTENT-IONALLY OMITTS THE WORDS "Kick your ass,]... if you don't take my information down."

"He made so much of that Joe Shmoe threat, which you can see in Exhibit 76, and one of his as well, I think it is, that you heard evidence that on the seized computer from his house, he had constructed part of a website. It wasn't posted [transmitted] yet. "

"Our expert Mr. Siebert talked about it. And its hard copy is Exhibit 76. And in that portion of the website that was under construction but wasn't posted [transmitted] yet, [ Ignore that fact because I'll then have no power and then have no jurisdiction!]

Killercop had a whole category called "Threats of the death." Do you remember that? And the "threats portion linked to the Joe Shmoe that, "I will kick your ass," and the death portion linked back to the threat against Tracy Hall."

""Threats of the death, death threats," no reference to litigation, no reference to anything but "pure" threats, because he knew what he was doing and he meant to do it. Thank you. I have nothing [further. ]"

Transcript of 12.04.2002

Docket #71 & 73  

Lists “Hillary Potashner” on behalf of the defendant, page 2.   Counsel appearing factually was “Bill” Harris, Esq.

Page 4, Lines 18-20

Judge: “Killercop, one of Killercop's e-mails itself noted that the antagonism which lead to these inherently threatening exchanges was very personal.  

Page 4, Lines 23-25 “The text of the letters(sic), all of those, of the communications, all of those in Counts 1 through 4 reflect ‘inherent' threats.” [As opposed to ‘Fake,' ‘False,' and ‘Un-inherent' threats, or any other such subjective-adjective.]  

Page 5, Lines 13-15 Judge: “So I reject the notion that this pure speech. It is conduct. It's inherently threatening and there is no basis … “  

Page 5, Lines 21-22 Judge: “It's conduct, it's clearly proscecutable and that's the basis for my ruling.”  

Response to New Selective Prosecution Motion to Dismiss, Based on Joe Schmoe E-Mail

Page 6, Lines 3-5

Judge: “[t]hat single E-Mail [Joe Schmoe] which was a response to a provocative communication previously sent is not in any meaningful respect comparable or like the series of communications that underlie and that constitute Counts 1 through 4.”  

JUDGE MATZ LINE OF THE DAY: Page 6, Lines 8-12

“The fact is that Killercop used not only entirely different language but was in a situation, was perceived to be in a situation, was none at the time of the indictment to be in a situation that there was no information suggesting Schmoe, whoever that is, was in.”  

Page 6, Lines 14-15

“The nature of the communications was different..  

BELOW IS WILLIAM HARRIS SPEAKING, NOT MATZ:  

Page 9, Line 1-9

“I agree whether its true or not is relevant. But I think you're failing to acknowledge that the Schmoe E-mail was a response to an E-Mail or to posting at least, not an E-Mail but a posting on the web site.”  

Page 9, Lines 14-16

Judge: “But that's not what Killercop was doing; these were messages and communications directed at specific people as well as others who chose to log on to the evilgx.com website.”

Page 10, Lines 1

“But this [[-Mail from Joe Schmoe] isn't ‘substantially similar.'”  

Judge Matz then proceeds to change the subject from substantially similar to,

“Did the democrats control the Justice Department in the year 2002?” Lines 21-22, Ibid.  

INTERUPTS COUNSEL @ Page 11, line 11

Closes mind to further argument. Lines 12-16, id.  

Page 21, Lines 13-22

Judge: “It wouldn't surprise me if the issues that Killercop chooses to emphasize at trial have to do with intent and context. [5]  Well, they could be affected by contents, some of these. If for example there was some evidence that on the next message he posted he said just fooling [6] or I thought that would get a rise out of you. And …

[T]hat would be relevant evidence. That would be Brady evidence, that would be exculpatory evidence.”

Response to Greenwood Count

Page 14, Lines 16-17

“These are constant and recurring First Amendment concerns.” [4]  

Suspicion that viewpoint discrimination is afoot is at its zenith when the speech restricted is speech critical of the government," Ridley v. Mass. Bay Transp. Auth., 390 F.3d 65, 86 (1st Cir. 2004)

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