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+Byron Trial, Day 29 (Week 7)
+============================
+
+**Summary:** Crown makes their closing argument.
+
+***************
+
+* Judge: Perhaps we can begin with my questions about charges 3 and 4?
+* I can. But first I'd like to clarify the bookmarks.
+* If your honor goes to volume 2, tab 7 (in the ASF), sorry tab 10 page 7, this is the bookmarks menu...
+* Judge: There is another version that was filed?
+* Yes. I think this is the HTML version.
+* Chemistry/Energetics isn't a bookmark, it's a folder.
+* There's some crossreferencing to do. In volume 1, tab 2, there's a chart that shows the name of the bookmarks and the date they were added to the computer.
+* Printouts of sites... These weren't taken at Mr. Sonne's arrest, but late last year.
+* For example, a page on precursor controls. You can see the first few pages...
+* List of class A precursors. Potassium Permangenate is on it...
+* Explosive regulations and the industry. I note that it is "explosive" instead of rocketry.
+* ... In tab 15 there are bookmarks, they separate bookmark separators...
+* Judge: What about the rocketry bookmarks?
+* I'll get to those...
+* Judge: But those...
+* Bucket... This is after, the crown submits, Mr. Sonne had begun fabricating the potassium chlorate.
+* Judge: Why do you believe that?
+* He uploaded a folder.
+* Judge: (The title of the bookmark doens't actually match the bookmark)
+* (Defense whispers...)
+* The bookmark name can be changed from the user. It doesn't have to match...
+* file on potassium chlorate harvest mentions MMO, which is mentioned in ... 's report.
+* Next section is "the chlorate and perchlorates" created Jan 10.
+* Three pages in, titled "potasium nitrate synthesis from amonium nitrate"
+* And if you look three pages further, ... rocket fuel creation... was added June 9.
+* Judge: How do I know the date?
+* ...
+* Judge: There's no blue page?
+* Well there should have been.
+* Defense: There is not a blue page for each bookmark. If your Honor looks to the bookmarks, some of the bookmarks have a divider line. These are represented by blue pages.
+* Judge: Let me repeat to make sure... There is the first item under... then a blue page and there is a line, so we're now into...
+* Defense: If your honor goes to right before the blue page, that is actually a second bookmark...
+* Defense: If you look at the URL at the bottom, on the left hand side in small text. That's the URL. That crossreference to the URLs in the agreed statement of fact...
+* Judge: And when you make a bookmark, it suggests the pages title but you can change it?
+* Defense: Yes.
+* Defense: And in... you'll see...
+* Judge: So the significance of the blue pages is? I thought they separated bookmarks?
+* Defense: Well, within that section there are separators..
+* Judge: I don't understand how one would make a divider. Will that be relevant?
+* ...
+* Crown: ... Recrystallized rocketry... June 2nd
+* Judge: I had flagged potasium nitrate...
+* Experimental rocketry website, may 29.
+* The last two pages, practical pyrotechnics, was ....
+* Benson chemicals... March 13...
+* ...
+* Pucker's pottery...
+* A number of pages from Efton science, a science store in Toronto
+* Efton science was created on January...
+* CAR and NAPAS bookmarks, create on June 7th.
+* The Defense introduced the bookmarks, but I can't find any mention before May.
+
+* Regarding the explosives, I should have had Dr. Anderson read his report on the record, but I didn't and now we have to live with that.
+* Edingstone's report...
+* (Going through pictures, but projector is not working and I can't see...)
+* ...
+* Hexamine tablets in jars...
+* Judge: These were found with the chemicals?
+* There was another shelf, with camping equipment. There was a refrigerator beside the camping equipment. The Hexamine seems to have been stored in between the shelving unit and...
+* And you'll recall that they are usually bought in cardboard boxes?
+* Judge: I think it is safe to assume they've been moved into new containers.
+
+* Next are the prills that were removed from the cold packs.
+* This would amount to 32.8 cold packs.
+* That amounts to about $160 in cold packs
+* A lot of coldpacks.
+* Corresponds to the chats where Mr. Sonne got a lot of cold packs.
+
+* Item 35 of the CFS report relates to potassium permangenate.
+
+* Plastic container of potassium nitrate.
+
+* Plastic container labeled charcoal. Your honor is correct that it was never...
+
+* Dextrin. We'll get to that later
+
+* Plastic container labeled KCl, empty
+
+* Urea.
+
+* Sodium Bicarbonate
+
+* Hydrogen Peroxide.
+
+* Bottle of hydrogen peroxide. (In cabinet) Another in another area.
+ * Don't know when it was purchased.
+ * On Jan 20, there was a quote from AlphaChem
+ * Not consumer quantities.
+* Judge: Most of these were moved to plastic container. this one isn't...
+* Likely because its bigger and a highly corrosive liquid.
+* Judge: I'm just interested as to what it says on its container, as to its purpose. There seems to be furns on the back and something about optimum...
+* (pulls up photo)
+* (Talks about where photos can be found)
+* Judge: What I'm reading on this bottle "optimum" -- I'm guessing that's the brand name -- then hydroponix (sp?), some warnings, must be diluted before using
+* (zoom in)
+* Judge: 29% hydrogen peroxide, food-chemical codex specializations, 71% water. Must be diluted before using watring.
+* Judge: It presumably has to do with plants...
+* Judge: If Council could just agree on the contents of the label and add it to the record, so I don't need to depend on the court transcript. I assume this will be important.
+* (Defense points out the French)
+* Judge: What I'm taking is that this is being marketed as a product for fertilizing plants, or some such.
+* Crown: You'll recall that it was at the back of the cabinet, on a shelf.
+
+* (Picture of desicant with pan on it...)
+* Potassium chlorate is a strong oxidizing agent, like amonium nitrate.
+* Amonium nitrate is quite difficult to obtain.
+* So the Crown's theory is that Mr. Sonne began producing potassium chlorate after having difficulty acquiring amonium nitrate for ANFO...
+
+* Before I get back to the charges, urea was described as a fertilizer but can be used...
+
+* As we discussed yesterday, acetone was not seized...
+
+* Going back to charge 3, it lists urea nitrate and hexamine dinitrate. The urea nitrate... And the hexamine dinartrate ...
+
+* I'll be refering to Dr. Anderson. On page 21, line 12, what are the ingredients needed for HDN? Hexamine, water and nitric acid. No nitric acid, but you can make it... He explains the distillation process, but the equipment is not present. He also says that it is possible to do it in solution, using potassium nitrate, hydrochloric acid and urea...
+
+* Does that make sense to your honor? It seems to finally make sense to me?
+
+* Judge: Yes. I think so.
+
+* ANFO and Potassium Chlorate are different explosives. Fuel oil mixed with potassium chlorate or amonium nitrate would produce an explosive.
+
+* Mr. Sonne mentioned almond flower in the fridge and identified it as being for baking.
+* There is a blueish bag containing power, readily accessible to the lab.
+* Of course, there are plenty of other sources...
+
+* The last fuel was dextrin, and that was in the lab as well.
+
+* "Charcaol is used to filter water... but it can be used as a fuel, remember the carbon I talked aobut earlier?..."
+* Regarding wax shavings: "It would be inefficient but you could use it as a fuel"
+
+* In the second volume of Dr. Anderson's evidence... In cross examination, a lot is cleared up.
+* The potassium chlorate and the amonium nitrate...
+* Amonium nitrate
+* ...
+* "The oxidizers we have are four... Potassium chlorate, amonium nitrate, potassium nitrate..."
+* "From those, you can make two more that would be oxidizers, urea..."
+* With respect to Potassium chlorate, is there anything one has to do besides just mixing them? You'd just need to blend them.
+* ANFO is amonium nitrate mixed with a fuel oil. Chlorate can also be mixed with a fuel oil. That's the best I can explain.
+* On Ragner's Guide...
+* Judge: So, amonium nitrate and potasssium chlorate are both
+* Judge: I had the understanding that there was a single item in each charge...
+* Crown: Yes, I thought that to. It was only when you started asking me about the charges that I realized they were multiple...
+* Crown: Given your questions about TATP, and we don't contest that Acetone wasn't as accessible and we don't know that it was there... I'm not putting my eggs into that basket. Similarly with the HDM they weren't all there. It's really these fuel-oxidizer mix that are most concerning.
+* It is the Crown's position that he was producing the fuel oxidizer mix and switched from amonium nitrate to ...
+* Judge: I will look at the video, since that's the only thing that talks about his demeanor...
+
+
+**Break**
+
+* Before I leave the explosives part of my submissions, I'd like to draw your atention a few things that were found and put to Dr. Anderson...
+ * Face shield
+ * Steel wool for detonator
+ * PVC pipe with caps
+ * Hoses
+ * Thermocouple, which was originally be believed to be a detonator, would be important for monitoring temperature
+ * Pen for tube
+ * Nichrome wire
+ * Anti-static bag for storing TATP or HTMD
+ * The chats where Mr. Sonne mentions anit-static bags for the chlorates
+ * Hot plate for reboiling TATP or concentrating hydrogen peroxide.
+ * A filtration system Mr. Sonne, Bunchner filter and vacuum pump, but also coffee filter.
+ * Hydrometers for checking the strength or intensity of the liquid
+ * Soldering gun and kit could be used for connections in manufacturing electronic circuitry that would be created...
+ * The amonium nitrate... had been evaluated for propellant use but could not extend it into model rocketry.
+ * potassium permangenate, Dr. Anderson indicates, is a substance that is not yet regulated but was on the radar because of the underwear bomber.
+ * Now, in your evidence you touched on a number of chemicals...
+
+* Judge: ... Is there evidence in the bookmarks about pyrotechnics and fireworks?
+ * The Crown's position is that such things fall under explosive substances.
+* ...
+* Well, there's the nicrome wire!
+* Judge: There was some discussion of nicrhome wire in the hacklab chat.
+* There's not just one use, but there's an overwhelming funnel...
+* Judge: With the potassium chlorate and nitrate, everything is in its original format. Those are the only examples I can think of... For example, the hexamine tablets...
+* Judge: Since this is a case of inferences, I need to examine all of them. If there's an innocent one in addition to a nefarious one.
+* The hexamine tablets have been moved from their small containers into plastic jars.
+* Judge: I don't know if I can still use the fact that he had a cottage... But the fact that the hexamine tablets were near the camping equipment... There's an inference to be drawn there.
+* Judge: Do I know what is in the camping equipment?
+* Thre is also other camping equipment in the storage room.
+* The granular pool shock was purchased on jan 29 -- the saeson is important... Question doctor, there was a purchase of pool shock... I haven't seen the package and don't know what it is...
+* Judge: There's now a number of things to do with the pool.
+* It's clear that potassium chlorate mixed with the pool is an explosive!
+* Efforts were made, serious efforts, to make the chlorate. Acquiring pool shock in January.
+* Judge: Is the pool shock in the forensics report?
+* Pardon me?
+* Judge: Do we have the same problem as with the acetone?
+* We have evidence that he bought it...
+* Judge: And the salts can be used in the pool...
+* ...
+* There's been no expert witness on the use of these chemicals in rocketry.
+* Judge: Did he give any evidence as to whether a propellant is an explosive substance?
+* I'm not comfortable with your honor...
+* The Crown's position is that this claim that Mr. Sonne was working on rockets is not credible.
+* ...
+* Well before, Mr. Sonne had the bookmark on ... explosives...
+* Judge: Is this not the same thing Mr. Supinski ...?
+* ...
+* Judge: There was reference to the pain-in-the-ass procedure he'd have to go through to make rocket fuel...
+* But then he'd have already known.
+* Judge: (reads) explosives law would relate to ... fireworks, et cetera... I don't know if i have any evidence relating to this at all, but I understand your point...
+* ...
+* Judge: Let's say I go down that road. He's looked at a document in January that...
+* Well, then he knew it was illegal and was being dishonest to Mr. Supinski... That lends credence to the theory that rocket fuel was a cover.
+* ...
+* It's pretty clear from the chats that it seemed to be new...
+* Judge: But if they're different licenses...
+* He knows he needs a precursor license, but stills gets them.
+* ...
+* Dr. Anderson said from the amount of chlorate it would either be a big rocket or a lot of rockets.
+* Judge: Do we know what sizes those would be?
+* ...
+* Your honor has expressed concern about the fact that many of these people could...
+* Quantities are not legal.
+* Judge: It's a very different sort of argument when the chemicals are in the same state one buys them...
+* This must be considered as a whole.
+* Judge: You're not suggesting a similar fact...
+* No...
+* But if your honor finds...
+* Judge: That sounds like you're suggesting a similar fact...
+* No.
+* Regarding the damage, Dr. Anderson says 3 kilograms of TATP which is a lot.
+* Judge: Enough to blow up a bus.
+* That was 1 kilogram.
+* ...
+* He's asked how long it would take, and says hours to days depending on the amount one wanted to make.
+* Of course, it is irrelevant for the Crown's case how long it would take. We aren't saying he was going to...
+
+* Dr. Anderson says he can't see any other reason...
+* Dr. Anderson says he can't see how the ability to make TATP would be related to rocket fuel...
+* Judge: Did he suggest that the electrolysis itself was dangerous? ...
+* He talks about the ice baths... and the complication and the dangers.
+* Judge: That's to go further. Is there anything that would be dangerous as it is?
+* No. But processes that he's well equipped, the Buchner funnel and so on, would be dangerous.
+* Judge: Yes. I understand that. But I don't recall any evidence that the electrolysis itself was dangerous.
+* Judge: Looking at this all in the big picture, I have the fact that whatever Mr. Sonne was doing, he was doing in his home...
+* Judge: That's why I was asking if anything he was doing was already puting people at risk, since the things you're suggesting would...
+
+* Regarding the counseling charge.
+* In addition to the hundreds of the photos posted to the internet by his flickr account, Mr. Sonne posted close up photos of the fence and the tree...
+* Tweets about getting a grip to pull it down, tiny holes...
+* An argument to be made about Mr. Sonne's interest in countersurveillance, but to offer that as an explanation is ludicrous. There is a much more compelling explanation.
+* It is clear that Mr. Sonne was in contact with people who were planning to protest, and not peacefully..
+* Posted about the security culture handbook...
+* Reluctant to speak openly...
+* Posts photos of police and cameras. Not just as a map like the news, but ...
+* He could have gone to the police, or he could have waited, if he wanted to humiliate them, and publicly stated it otherwise.
+* He's soliciting a copy of the security pass.
+* Judge: How is that relevant? The charge is counseling
+* Judge: Mr. Supinski evidence is that you might publicly state it, but not give all the details.
+* Judge: But counseling takes more than just being reckless with who you mention things to do...
+* It's not like Mr. Sonne just mentioned this in a conversation, he went out and took pictures...
+* He knew people were planning to riot...
+* Counseling is defined in the Oxford English dictionary...
+* Judge: The Supreme Court of Canada has set out what counseling means.
+* ..
+* Judge: There seems to be some debate as to whether recklessness was sufficient. I'm not sure if that was settled in Hamilton or not...
+* Judge: I'm going to what mens rea is significant...
+* He had a deliberate audience..
+* Judge: Is that needed?
+* ..
+* Judge: Well you're going to have a chance to reply. ... From the chats, we know that Mr. Sonne knows there's going to be riots. So the question remaining is
+
+**Lunch**
+
+* From the ... case, the common law offense of..
+* To incite includes suggestion
+* The world counseling includes ...
+ * counseling means to encourage or recommends
+ * ...
+* The actions of Mr. Sonne fall into every category, particularly to encourage or persuade.
+* In paragraph 31, the court of appeal endorses this issue.
+* The court of appeal also addresses this in ..., reference is made the US model...
+ * If, with the purpose of promoting or facilitating, encourages or orders...
+* It's quite clear that Mr. Sonne is promoting of facilitating
+* The same arguments... If the primary is act is harmful, like killing, then attempting or counseling is also.
+* The requisite metal element for the offense of counseling requires amongst other things, that the counsellor intend the commission of the offense.
+* And given the amount of detail, the timing, and the distribution of the ... of Mr. Sonne..
+* In Hamilton, the accused offered by email to sell top secret files that he downloaded... Credit card generator... Never read the emails...
+* The conscious disregard of substantial risk or harm. The accused either intended for it to be committed and also...
+* The Crown encouraged in this case the court to consider the dangers of the internet and how it provides a fertile grounds...
+* A simple howto does not constitute...
+* But Mr. Sonne did more than that though. Mr. Sonne talked about a specific fence. And he took videos, and asked people to post pictures, of police...
+* That will be all.
+
+**Defense Begins**
+
+* Mr. Tilly will hand up some material for your honor.
+* Your honor will find a memorandum of law, a timeline...
+* It is challenge to start an address in a case like this... One has to, in effect, slice Mr. Sonne's life and put it in this court.
+* It is also a criminal case, as your honor pointed out.
+* In the Hodge case, it must be the only possible answer... Not a strict rule anymore, but still very much alive and well.
+* ..
+* You have a copy of the Griffin decision. While the rule of Hodges case is not still in effect, it is reflected in... proof beyond a reasonable doubt.
+* The available inference doesn't need to rise to be an equal inference, but a reasonable difference.
+* By telling the jury what we do tell them, we tell the essence of it.
+* If an inference arises that gives you a reasonable doubt, that's the end of the Crown's case.
+* There is a massive amount of evidence before this case.
+* We have to start with the presumption of innocence.
+* There is a human tendency to look at narrative and make the facts fit.
+* We must guard against that.
+* The presumption of innocence guards against that.
+* For example, in the flickr pages, Mr. Sonne provided pictures of boards with holes punched in them.
+* Judge: The potato cannon, oh, I see.
+* I think its a fair inference.
+* Next are the two images of what we now know to be a ...
+* But when you sit back and look at it, you assume that it is the ikea candle mentioned on the board, though we now know it is not.
+* It is easy to do this...
+* We have access to one of the intimate aspects of a person's life, the computer, as recognized by the supreme court. We have a freeze of a crossection of his life.
+* We must be cautious looking at this.
+* I am going to take us to a few items that raze red flags about the Crown's theory.
+* To begin, if you're taking anyone's life, and reducing it to a number of exhibits, there's not going to be a unifying theme.
+* Mr. Sonne, in particular, comes across as an layered, intelligent person... The evidence points to Mr. Sonne being a bit of polymath.
+* To then look at that and try to find a unifying theme, that he's obsessed with explosives, or the G8. He has a wide set of interests. Those interests are not necessarily consistent or linear. They may be a fading in or out of interests.
+* Lawyers tend to be linear. But when you look at Mr. Sonne, he had many different things going on. Some things were ideas, some had gone beyond the embryonic stage.
+* He certainly had time on his hands, to foster his knowledge, to got beyond... And he certainly did. Look at the time he clearly sent on the computer. He was clearly grounded in security culture. He was clearly interested in the G20, as I think everyone did and to the extent it was more particular... He certainly has an interest in writings that make others uncomfortable, maybe taboo,... He has a large correction of writing, and probably shared... I'll take you to the language of Mr. Sonne, "If we are to be free, it gets tested at the margins."
+* He certainly had an interest, my friend called it an obsession, in firearms. Setting aside the adjective, he had airgun and applied for a license. There's a nation to the south of us that takes a very different view...
+* And so what? He has many different interests. He's a tinkerer and builder....
+* It may not be the collection of toys and interests that the police would want him to have, that others would find interesting...
+* The Crown has gone to some lengths to suggest that Mr. Sonne has worked under false premises.
+* Mr. Sonne had chemicals. The only way for the Crown to win its case is to find a subjective intent to build explosives. The Crown needs to convince this court that Mr. Sonne was going to build bombs. There's no bombs found.
+* So the Crown says, disbelieve Mr. Sonne. We have a statement from Mr. Sonne where he denies this. We have chats which claim otherwise...
+* If the statement, as backed up by chats and emails convince you...
+* Judge: ...
+* The crown asks you to not believe Mr. Sonne on fundamental things...
+* I believe that, based on the evidence, you can conclude that Mr. Sonne was doing exactly what he said.
+* ...
+* If you can turn to collection 42, G20 documenting...
+* There is an email sent by a Kate Milbery on Monday the 26th of April, 2010 at 15:22:07. To Rick ..., CC'ed to discussion list at hacklab. I'll read it outloud.
+ * This is an email from Kate Milbery, her email address suggests she's connected at UofT
+ * She identifies as a scholar/activist
+ * ...
+ * I was wondering if anyone has expertise in cyber-surveillance... I was wondering if anyone would talk to me...
+* This fits hacklab, TASK, SecTor, hacker culture, and ...
+* I'd like to take you to response to Kate Milbery. There is no evidence of a connection between Byron and Kate, and on a public list serv, albeit a hacklab one.
+ * When you look at this email, you will see there are portions of Kate Milbery's initial email and responses from Byron that are interspersed.
+ * In response to her introduction, Byron says he will read it and is glad that such a thing is appropriate.
+ * Of interest given...
+ * "I've been monitoring most of the social action lists, SAN, ... and to be honest I'm not that impressed, top down ... just half-thought out left ... I'm concerned..."
+ * "One interesting thing I have done is ... kept torrents running with sketchy stuff... I monitor to see how active it gets, with different events... It's amusing to see government IPs pop up."
+ * Is this someone who is obsessed with dangerous literature, or a social science?
+ * Talking here and there with people, no one watches....
+ * "No one knows when they're being watched..."
+ * "On another note, I've bought all sorts of chemicals and lab equipment... No luck, no one noticed. I've passed background checks and got into the US without hassle..."
+ * If Mr. Sonne is making bombs, why would he say that to Kate Milbery of all people?
+ * Or is it Mr. Sonne trying to raise flags? Because that might be mischief but certainly not one of the charges before you.
+ * He ends with I've done some talks and presentations myself...
+ * We'll look at one of the talks later.
+* The next day, there's an email from someone name Ewan. It's a reply to Byron's passage saying "I've ordered all sorts of chemicals and precursors..."
+ * I guess that either they've got good at separating genuinely high risk and people trying to raise flags, or they think you might lead them something big...
+ * There is public discussion of these plans...
+ * Let's think of Potassium Permangenate and the timing. Right after the underwear bomber he tries, twice, to order from the US potassium permangenate using his name and credit card, and then he gets it in Brampton.
+ * Mr. Sonne has expertise with computers -- as my friend has noted, Mr. Sonne can use other peoples' wireless --
+ * Judge: I don't think that I have actual evidence of Mr. Sonne's education. I don't think there's any doubt about his skill...
+ * If you're ordering chemicals to make bombs, would you do this anonymously...
+ * It looks like he's setting up a path to him.
+ * Judge: In his conversation with Bui, he said he did everything publicly.
+ * He's done everything publicly.
+ * This is a classic example of assuming he's guilty and seeing how things fit.
+* He bought some things before this. Cold packs, hexamine... There is objective, corroborating evidence for the assertions he makes to Kate Milbery.
+* Would his studies meet the test for getting his own PHD? Get passed an ethics comitee? Maybe.
+* I can see how the Crown might have laid the charge of mischief.
+ * He wanted to do these tests..
+ * It might be a bit selfish, trying to become famous in the security industry.
+ * That might almost be mischief. It would almost be like pulling a fire alarm.
+* But that's not the only bit of corroborating evidence.
+* Let's look the tickling the dragon email.
+ * It goes to the haklab email group. Mr. Bunny, I mean Mr. Sonne, sorry...
+ * He tells a bunch of people...
+ * this is before we know the G20 is coming to town.
+ * "Thinking an agent provocateur might someone..."
+ * That's not an email that will win anyone a civics award. But it is certainly an email that says he wanted to test the system.
+ * The name of the thread is tickling the dragon. And he did tickle it, and it breathed fire all over him, and now he's before this court.
+ * I'm not sure what the relevance of the G20 is.
+ * When the searched his home, there was no sign of bombs, without warning
+ * His computer is laid bare, but nothing besides a few emails we'll go through ina moment.
+ * An email between Mr. Sonne and someone at resist.ca...
+ * Re: Hello Re: Meetings, organization, et cetera...
+ * Get on the mailing list...
+ * I'm working on a project to document the G20 and be released into the public domain and protect the public.
+ * He's publicly identifying himself
+ * He's saying that the police should be watched, as in any democracy.
+ * None of this is hidden or secretive. He wants to release a package into the public domain. He want to protect protesters.
+ * He's not charged with aiding and abetting protest.
+ * Judge: Although, there seems to be an inconsistency between his tweet on the fence...
+ * A heads up, that there is trouble making out the actis rea of the offense of counseling.
+ * We take the position that this is a partial statement, and under .. can't be used.
+ * Judge: I assume this applies to other tweets, with regards to explosives.
+ * It could be a new comment, but it could also be a response and the Crown has provided no way to asses that.
+ * Thursday 27,
+ * hey all, we have the G8/G20 meeting/riots
+ * Mr. Sonne didn't need to be a brilliant ... to realize there would be riots.
+ * I'm hoping to help monitor the police...
+ * Not without risk.
+ * Maybe, just maybe, Mr. Sonne is telling the truth.
+ * At the bottom its got his name, his email address.
+ * This is public. It's all out in the open.
+ * And what is he doing when the police get their attention on him.
+ * On his arrest he has a scanner and a camera on him.
+ * The inference arises that he was doing exactly what he said he was.
+
+**Break**
+
+ * June 12th, 10:46:12, G20 fenceline videos.
+ * This was sent to community mobilize
+ * "Greetings all, I made a youtube channel where I posted the videos I made earlier..."
+ * His plans are as they were earlier. He's going to document the G8/G20 circus as it comes into town.
+ * I'm not entirely sure, where int eh circumstantial body of evidence and the chain of reasoning, how his loose connection is related to...
+ * Judge: you're going to have to address the amount of time it would take to make the bombs.
+ * I can address this right now. The amount of time it would take depends on how long...
+ * We didn't really go into how one would have to package the explosives.
+ * I just pause for a moment. If Mr. Sonne is going to make an explosive, why would he make 4 different kinds of explosives?
+ * Judge: More stable...
+ * Some of the evidence ws that you would be adding chemicals drop by drop while watching temperatures...
+ * Why would you buy different types of explosives?
+ * I thik it is clear looking at the chat... my friend thinks that Mr. Sonne is fascinated by the explosions because he mentions it 9 times. But they're about how stupid it is. He says making TATP is "the stupidest thing ever".
+ * He mocks a guy who makes explosives.
+ * I think that whenever theres an explosion there's discussion.
+ * ...
+ * Has most of the necessary apparatus... Not all, nothing for nitric acid and the others were secret...
+ * He seems to be doing anything but that. Where is he in the days leading up to the G20? He's down there taking photographs.
+ * And those photos have been placed on his Flickr page, publicly.
+ * He's certainly surveying the police.
+ * Exactly what he says he's doing.
+ * Vast number of photos of police indicate exactly what he said.
+ * Set that back, I believe the court can take judicial notice that there was legitimate public debate about security and policing leading up to the G20.
+ * Before we go back to the explosives, I'd like to take your honor through Mr. Sonne's first statement to the police.
+ * You've seen his arrest.
+ * He notes, perhaps prophetically, there goes my police.
+ * It's a rather lighthearted ride to the police station.
+ * A synopsis is put to Mr. Sonne, very different charges than he faces today, and he gives a statement that I say is corroborated.
+ * Judge: Ironic that you're arguing this after taking so long trying to exclude it... (laughs)
+ * It was corroborated in a number of ways that he wouldn't have known corroborate them.
+ * These are things he wouldn't know the police would know the answer to. On the theory that he might be trying to get away with something.
+ * On page 5, he's shown a photo and asked "you also have a photograph of this, it looks like a semi-ruined projectile. Is that right?"
+ * And he says, no its not.
+ * And again
+ * T: Okay, what about this photo right here? A candle.
+ * B: No, that's not a candle. That's actually what that should look like before and after having done some repairs on it. So that's just two pieces of the stuff. They're not candles at all, they're small pieces of plastic about that big.
+ * He's telling the truth, he's exactly accurate... They're not the projectiles the police think they are.
+ * Judge: I take your point. The easy answer is that it is a candle. He doesn't volunteer that they're from an air rifle, though.
+ * And you can hardly expect that, given the circumstance.
+ * Do you know how long ago those were taken?
+ * B: Yeah, but look when that was uploaded... but you know how long ago those pictures were taken? These ones were taken about three or four years ago.
+ * T: But you did upload them March 24, is that right?
+ * B: Yeah, it's quite possible. Because I wanted to share them with some friends.
+ * Again, accurate and verified.
+ * ..
+ * T: You took photos of a lot of the video surveillance that's been installed around the city.
+ * B: Yes sir.
+ * T: And was your running commentary to encourage people to cause damage to those... video surveillance...
+ * B: No. It was basically all about... look at how many cameras are in our city and let's make sure we know where these are so when everything goes away that these are taken back down and this hasn't been used as a reason to bring cameras into our city and then leave them there.
+ * We know he uses some inappropriate language describing that online, but he does...
+ * Goes into a lot of details about the waveguide... And the times...
+ * We know that he is being accurate and honest about that.
+ * Mr. Sonne's blog on the device, which is old not recent...
+ * Judge: What about his stated intent at the start?
+ * It's a rhetorical question. He's trying to get a name. It's a catchy headline.
+ * Not testing by pointing it at satellites.
+ * Judge: By melting chocolate..
+ * No evidence of anything more nefarious.
+ * Does this publicly.
+ * Asks about firearms.
+ * He says no, the offers air rifles.
+ * The fact that he obtained his PAL and tells the officer.
+ * About the cell
+ * T: Okay, what's this about?
+ * B: That's a salt water electrolysis cell that splits it down into a chemical that I would use for when I would, when I get proper licensing to make my rocket engines. I'm someone who has always had an interest in amateur rockets.
+ * So he tells them...
+ * And it seems to be amply...
+ * Can I ask this rhetorically: How do you build a rocket? Do you build the body first? Or do you build the engine first and build the rest around that. Or is there a specialization issue, where he's working on the fuel and another...
+ * Judge: But Mr. Supinski went to great pains to distance himself from any active manufacturing rocket fuel, when it seemed pretty obvious that was what was being stated in the chats...
+ * Judge: The electrolysis cell is set up, I don't know that it was running or just still set up, but he's been told that it was illegal...
+ * Firstly, you don't need to be satisfied that he was making the rocket. You need to be satisfied that he's not.
+ * Judge: I'm not sure...
+ * If you think of it in a very linear way... But this a few people working on it as a hobby...
+ * The chats are objective and are not a cover -- I'll get to that later...
+ * We don't know what order your supposed to do things in. And it is entirely possible that one would want to do it in a different way.
+ * And in the email exchange, they don't say he's doing it in the wrong way...
+ * Judge: Let's accept that.... What about ...
+ * Mr. Sonne said he would be happy if he had a rocket in a year...
+ * Judge: I didn't get the sense that they were working together in a cohesive way..
+ * Judge: I don't really get the sense that they were working together on that.
+ * Potassium chloride salt..
+ * Hacklab is a bit like a group of artists or musicians. We have a chat that is the best record we have about what is going on. We have a chat about the idea and legality... We have a snap shot of the development... I bet ideas fade in and out of interest all the time.
+ * With the Crown theory that Mr. Sonne is doing this as a cover. But he's done everything publicly. There isn't really a reason...
+ * Judge: Mr. Supinski's evidence doesn't seem to be very strong. The plain meaning of the chats is that there is a process... If there was a legitimacy, why would he try to disdain himself?
+ * Keep in mind that this is someone who testified he was scared after Mr. Sonne was arrested.
+ * Judge: I don't really get the sense they were working together...
+ * Judge: I'm also somewhat concerned about his cavalier approach as to what he is doing...
+ * Judge: There's lots of data and I need to get some sense of what Mr. Sonne was about.
+ * There might be a regulatory offense there.
+ * Judge: Yes, and that's not what Mr. Sonne is charged with...
+
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2 days.md
@@ -92,4 +92,6 @@ Week 7
**Next Court Date: March 29th at 10:30!**
+[Day 28 (March 29, 2011)](https://github.com/colah/ByronTrialNotes/blob/master/daily-notes/day28.md): _summary pending_
+[Day 29 (March 30, 2011)](https://github.com/colah/ByronTrialNotes/blob/master/daily-notes/day29.md): _summary pending_

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