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Morning notes without fixes for day26.

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1 parent 564df9d commit 842b2d279812a26a5274247e4491b131fe229383 @colah committed Mar 26, 2012
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+Byron Trial, Day 26 (Week 7)
+* Crown's assistant is back (we haven't seen him since the prelim)
+* Crown will be closing its case upon filing the ASF
+* Thumbdrive is ready.
+* Judge: Is the ASF on the thumbdrive?
+* Defense: No. (Passes two giant volumes forward; probably in excess of a thousand pages) The ASF is at the beginning of the first one, then items that are also on the thumbdrive.
+ * Twitter data organized in a few different ways. Bookmark data from a different place on the computer. Additional version of the bookmarks, in a clearer format. Then web history data formatted in three different ways. Lots of them are mssing the last visit date because that was purged from firefox at some point. The ASF suggests firefox was set to do that after 7 days if not bookmarked. There's also a visit column which shows the number of times it has been visited since it was purged from the system.
+ * Then the "What you need to know about the G8/G20 emails" document has been provided.
+ * Then details about the emails that were attached to another. An email with ... Cane (sp?) about the communication for TCMN; a follow up. Another email about the surveillance club.
+ * Then a chat file Frydrick.txt. ... That one log contained chats for different dates. Then some receipts from his house.
+ * The piston seal was ordered the same day the picture of the old one was uploaded to twitter.
+ * Then booking for a hotel in LA and a flight. Includes mention of defcon.
+ * Another copy of the bookmarks with indentation by folders and subfolders of organization.
+ * A better version of the listing of all the folders in the blsonne account.
+ * A listing of the documents in the ... military folder
+ * Subfolders and documents (?) of the military folder. And date modified and accessed.
+ * RF counter surveillance document that was found.
+ * A number of Calendar entries. Pulled out in a way that is more accessible.
+ * Nature of some the websites bookmarks linked to. For the chemistry and energetics one, the chemistry documents in the order they were in the bookmarks. Blue pages where there was a horizontal line in the bookmarks.
+* Judge: So ASF number 2 volumes 1 and 2 are our next exhibit?
+* One other matter. On page 22 is a document that is missing a date...
+* Judge: Anything else to do with the ASF?
+* Defense: No.
+* Crown: Some photos were missing from the first ASF. The crown isn't relying on them, but here they are, if your honor would like to add them.
+* Crown: There are two matters your honor needs to rule on. The issue with Ms. Hiscocks and the GOAT. Those are mentioned in the final section of the ASF. After that there are no more admissibility issues.
+* Judge: We need to hear those submissions now.
+* Defense: The ASF mentions the charges to which they pled guilty and the sentences they received. For the purposes of these proceedings, I am filing the ASFs from Lea Henderson and Ms. Hisckocks...
+* Crown: We're not tendering that but not objecting..
+* Judge: Let's start with GOAT.
+* Crown: I'm not trying to place much weight on that. But there is no established expert on...
+* Judge: I'm reluctant to spend time on this... But it has been objected to and I must approach it as such...
+* Judge: It is either expert opinion or lay opinion...
+* Crown: ... "Hackers and people who try to defile (?) the system to show that they are better ... and superior to people of certain levels of intelligence or ... skill"
+* Defense: the evidence of Oullet is entirely speculative on this point. There is nothing suggesting goat is an acronym.
+* Judge: It seems that it has to be if he can give this evidence from his personal experience. Whether Mr. Sonne meant that when he used it is a seperate issue than if goat gets used that way...
+* Defense: Then it has not rerelevance without that point. There is Mr. Sonne's registration of that nickname from June 11 2009 on freenode. We have variations on flickr, twitter and the pirate bay. "the goat" makes some sense. But some of the others don't make sense if you expand it. We don't have any evidence of the first use of the name. And it there is nothing connecting it to the matter at hand. And the Crown's use of this is a very subtle use of character reference; going from the name to the acronym to Mr. Sonne's ego to it being of relevance to the court. Any value is greatly outweighed by the prejudicial effect.
+* Judge: the prejudicial effect is the ...
+* Defense: Yes.
+* Judge: The other point. Ms. Henderson and Hiscocks. How is that relevant?
+* Crown: From the Crown's case and the evidence, the emails, there is a very strong link between Mr. Sonne... Some of these are quiet inocuous, while others are much more... despite attempts at veiling, like the colors.
+* Crown: I only showed a few because I was trying to pair it down, but more have been filed...
+* Judge: The evidence is with regard to Mr. Sonne's involvement...
+* Crown: This is relevant in showing that there were not just veiled mentions in the email but there were actual riots and that people in the emails were convicted...
+* Crown: You can see the relevance to what the inferences they plan to draw.
+* Judge: But this is what two individual members did and...
+* Crown: ...
+* Judge: There's plenty of people who were part of that group that weren't arrested, I assume?
+* Crown: There is an email that gets us over that threshold. There's one where the two ladies are giving a paneled discussion on black block tactics...
+* Judge: So there's an email from Ms. Henderson and Hiscocks talking about black block tactics. And Mr. Sonne received the email, but there is no evidence that Mr. Sonne went.
+* Crown: And the meeting had an anarchist title... No suggestion that Mr. Sonne had direct contact with them...
+* Crown: These are people who the TCMN clearly endorsed.
+* Judge: We have the general evidence....
+* Crown: The communications are very veiled.
+* Judge: But that's the point! ... It's like a group of strikers who talk about things and that has relevance... But then if two people go out to do it... I don't see the relevance.
+* Crown: But Ms. Henderson was the organizer of ...
+* ...
+* Judge (voice rising): What evidence of a connection is there?
+* Crown: He got emails from them. He responded to some of them. He followed them on twitter. He was providing pictures via Flickr and the g20report to them...
+* Crown: The evidence is being brought forward to show the natures of these groups. They followed through on their trheats!
+* Judge: But they weren't found guilty of doing anything black block? Of activly doing something?
+* Crown: Yes.
+* Crown: You have evidence...
+* Judge: How do I know that their pleading guilty is relevant to the TCMN?
+* Crown: They were involved.
+* Judge: Setting aside the lack of connection to Mr. Sonne, where is the connection of that to the TCMN?
+* Judge: Setting aside the relevance of the action of two members in the group to the rest -- that's like guilty by association! -- where is the connection?
+* Crown: We have counscelling to commit violence at the G20...
+* Judge: Do we even know it was related to the G20?
+* Crown: It was in the ASF of that case?
+* Judge: Mr. Copeland, is the TCMN in the G20?
+* Crown: No. That isn't there. ... But if you read the ASF... No particular group was mentioned... The discussions there lead to the counscelling....
+* Judge: I have had a chance to read this yet...
+* Crown: Ms. Henderson was present at Souther Ontario Anararchist... (SOAR) meetings. ... Ms Henderson was well respected.
+* Judge: And there is no connection between Mr. Sonne and SOAR?
+* Crown: No. But that connects to the TCMN...
+* Judge: ... You're basically trying to suggest that he had some connection to two woman who plead guilty to counscelling mischief... I don't even see the basis of the argument! ... I'm concerned that the relevance is non-existent!
+* Crown: The thread is this. Mr. Sonne offered to assist in an email the TCMN. The TCMN was giving a black block tactics...
+* Judge: That first part is in? ... It would be pure speculation. They could have been out advocating that behavior at all sorts of places. In fact, looking at the evidence, it seems that this was related to another group Mr. Sonne had no connection to.
+* Crown: ...
+* Judge: Is there some connection?
+* Crown: That would be the black block tactics, which is violence and counseling...
+* Judge: ... Why isn't their entire criminal record relevant?
+* Crown: We're trying to show that the black block tactics isn't "we don't approve of black block tactics"...
+* Judge: But since there is no connection of the guilty plea with the black block tactics...
+* Crown: It says violence!
+* Judge: It doesn't say that either. It says pleading guilty to...
+* Crown: But in the agreed statement for that case, it says she encouraged people to smash windows.
+* Crown: I'll pull up the email.
+* ...
+* Judge: It's "Anarachism in the 21st century" ... black block tactics.
+* Judge: Let me see if I've got this all right. Mr. Sonne is on the mailing list for the TCMN. He gets an email about a presentation where Hiscoscks and Henderson were going to speak about "black block or diversity of tactics". We have no evidence that Mr. Sonne attended or that he associated with these woman. Those emails are in, whatever they mean. Now you want me to accept that their guilty pleas and use that to infer about the nature of the talk?
+* Crown: SOAR is the Southern Ontario *Anarchist* Resistance ... Logistics subcomittee...
+* Crown: That is the only link I have your honor. I can't go any farther than that.
+* Judge: I don't know that I need to hear from you on this one, Mr. Copeland.
+* Defense: Thank you, your honor.
+* Judge: I think my reasoning is clear from my conversation with Ms. Nadeau. The first question is the relevance. There's too many broken links. I was initially concerned about guilty by association and now that I see the link. .... There's just too many links. It's two individuals in the group. And given the way the Crown intended to use it the prejudicial imapct is obvious.
+* Judge: On the other issue, I mean I'm trying to think of the issue of the acronym goat master? Do you have anything to respond to in Mr. Copeland suggestion that there is nothing suggesting it is an acronym?
+* Crown: goatmaster doesn't make much sense as an argument, but also doesn't make much sense if it isn't? Mr. Sonne is a master of goats? Also, Master implies something similar to Greatest Of All Times.
+* Judge: .. This would be a matter if Mr. Sonne chose to testify for crossexamination. I don't see this as particularly relevant. But I must treat it... Is there anything I'm missing?
+* Crown: No.
+* Judge: Then it is inadmissible.
+* Crown rests its case.
+* Joe rises.
+* Defense: The Defense plans to call one witness. There is some material I would like to provide to the Crown in fairness, so if we could have a break?
+* Judge: Is voluminous? In fairness to the Crown...
+* Defense: The excerpts aren't long....
+* ...
+* Judge: Let's take the morning recess.
+* Crown: It's long and in my opinion hard reading.
+(If she can't tell what the black block tactics without this email, how could Byron?)

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