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Monthly Archives: January 2017

MEDIAUNIT

For several months I have been trying to get my webcasting up and running once again. For various reasons having to do with my off line scheduling and research into new and different ways to do on line broadcasting, there have been many ongoing delays.

Today, however, I have most of my plans finalized and will be going on the air shortly. My first webcasts will be test runs to determine which one would be the best or which combinations of platforms would be best depending on where I am at and what subjects I will be discussing on each segment.

I will be using Twitter live, Facebook live and Younow for various mobile webcasts and likely will use Youtube live for my studio webcasts. All of these plans are subject to changes and refinements as I work to provide what will be best for whoever tunes in.

I am also open to suggestions when it comes to what service or services I use for my webcasts as well as what subjects I should cover.

My goal is to offer something useful and different to my subscribers as my webcasts are for you and not so much for me.

One final thing. I will be making an announcement later today so……

Stay tuned

MURT

Lostutter Quash Order.pdf Google DriveRecently there was some discussion regarding the latest action taken by the court in relation to Deric Lostutter’s motion and why it was denied.

What follows is one person’s take on the matter:

“The Magistrate has entered an Order quashing all of Deric’s subpoenas and has denied his motion to compel a discovery conference. The court properly explained that all discovery is premature and prohibited until the motion to dismiss for lack of personal jurisdiction is ruled upon.”

Lostutter Quash Order.pdf Google Drive(1)There was a concern that “these motions being referred to the magistrate for a ruling, after the judge had the motion to dismiss transferred to his office for review, as it could have been taken as a sign that the judge was going to deny the motion to dismiss and have the magistrate set new deadlines on discovery.”

This would have been a major victory for Deric, for it would allow him to seek a great deal of information on the defendants even if he did not intend to use the information in his case. It would have also further intimidated the defendants and placed the increased burden of supplying the discovery on them as well as the corporate sources cited in his request.

 

The court denied Deric that victory and as was pointed out in the discussion:

” Instead, this is a move by a Judge who quickly noticed, after reviewing the file, that a Plaintiff was taking advantage of the Defendants by seeking premature discovery prior the Court having a chance to even determine whether jurisdiction existed for them to be in that court in the first place.  The Judge was proactive to protect the Defendants from Deric’s improper intrusions, likely instructing the Magistrate stop Deric’s from further discovery and subpoenas.  Left unchecked, this could’ve been a detriment and prejudiced the defendants,pending the Court’s review and impending ruling on the preliminary jurisdictional motion. “

“The Court also reminded Deric that no discovery is permitted until the Court rules on the Motion To Dismiss For Lack Of Personal Jurisdiction.  Basically, the court said to Deric, “So, stop, kid.”   It is expected that there will be a ruling on the motion to dismiss for lack of personal jurisdiction will come soon.”

This latest motion denial is yet another example of the perils of a plaintiff acting as his own legal council. This is a fairly complex civil action using questionable grounds for the arguments against the defendants.

Deric is making a lot of mistakes the latest of which is plowing forward with his motion requests before the ruling on the dismissal of the case has been handed down.

The court saw through his actions and immediately put a stop to them .

Stay tuned

MURT

 

 

Lostutter Quash Order.pdf Google DriveCourt proceedings generally have an order as to how certain actions are taken and not taken. In this case, there is an undecided motion pending to dismiss the case outright.

Lostutter Quash Order.pdf Google Drive(1)

Deric had filed various discovery orders before the decision had been made by the court if they were going to dismiss the case or allow it to go forward. The judge stated that that decision must be made before any other motions are granted. The last sentence “the court will grant the motion to compel as premature” makes clear the court’s stand on this issue.

Lostutter Quash Order.pdf Google Drive(2)

The net result of this ruling is the civil case is now at a standstill. The court’s answer has the result of putting the case on hold until the question as to if the case will go forward or not.

We are now back to waiting for the next shoe to drop.

Stay tuned

MURT

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Anyone who has read my twitter and Facebook accounts know that I am no fan of Donald Trump. With this disclaimer, nobody should make the mistake that I am making a blanket criticism of those who do not support Trump and those who firmly believe that he was not legitimately elected.

This is, instead, in defense of a child who has been brought into the limelight through no fault of his own.

This comment appeared on Twitter recently:

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This comment was not sarcasm or parody. It was, in fact,  a cruel attack on an innocent child. There have been a growing number of negative comments about Baron by those who apparently do not know what it is like to be a kid his age.

He has been on a heavy schedule that is taxing for someone that age and he is acting in a way that is common for kids that find themselves in similar situations. He has actually behaved quite well given the circumstances.

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I support those who criticize Trump, his wife and his ADULT children. They are adults that are responsible for their actions and accountable for them as well. They are also public figures.

The backlash against the SNL writer by the general public on social media has made that point quite clear.

 

Soon after the outrage about the tweet was expressed on Twitter both her twitter account and website were taken down.

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Site is DownIt is unclear as of this writing if NBC or SNL is going to take any action as a result of her post. The public wants her fired.

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I would suggest that Katie Rich, SNL and NBC apologize for her actions before the anger by the public increases to the point where they will be forced to take more severe actions to try and wiggle out of a public relations nightmare.

It is time for adults to start to act like adults and leave kids alone and allow them to be kids.

Stay tuned

MURT

 

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I rarely write about politics but the recent actions by the White House press secretary concerning the dispute as to how many people attended the various venues prompted me to do so.

The reason being is that I am rather confused as to why the hell this is so damn important. What should matter is that people did show up, they did watch tv and they did pay attention to what was done and said?igncompare.png

Trump won the election (sort of) and is now the most powerful man in the word. Since that is the case, I have to wonder if Trump is going to pay attention to the IMPORTANT matters that he will face in office or if he is going to force his press secretary to strut his stuff in front of a White House press room podium, complain about such minor matters as attendance numbers and then strut off the podium in a huff.

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President Trump is not an actor (at least not any more) and is not someone on Twitter or elsewhere where such things seems to matter, but the top government official of this United States.

It is about time that he starts to act like it.

Stay tuned

MURT

dcmarch7This has been by far the strangest nomination in the history of the United States. There has also been a stark contrast between the nomination ceremonies and the various woman’s marches taking place world wide as of this writing.

dcmarch1Millions of women have taken part in the march intended to get their message out to a President, they feel, is not listening to their concerns.

In a sea of pink, they joined together in countless protests, shouting chants, making speeches and holding up a variety of signs.

dcmarch8A movement has started and it is a movement that will be forever.

Stay Tuned

MURT

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In my coverage of the Lostutter case, I have not spent a great deal of time on the story of Noah McHugh. The lack of attention to Mr. Noah McHugh was due mainly because, until recently, there has not been a great deal of information subsequent to the announcement that he had entered a guilty plea and was recently sentenced.

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There is certainly a lot more to the McHugh story and it took me several days to go through the mountain of paperwork I was recently provided with.

One of the first questions I had raised was “did Mr. McHugh get remanded to prison immediately upon going in front of the judge and be informed of his punishment?”

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The answer, it turns out is that Mr. McHugh through his attorney, David Thomas had filed a motion to have the records of his sentencing sealed. There had been a period of time where the records had been seled but on January, 10,2017, the court made them available to the public. This was after the motion was recently denied.

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As a result, I was unable to retain the answer until recently. I have been informed by someone closely following the case that McHugh will be remanded into custody on the 9th of March, 2017. The source told me that he will be attending the sentencing hearing of Deric Lostutter on March  8th.

I was finally able to obtain the mountain of paperwork that followed the actions of Mr. McHugh from the action that changed his life forever up to the present day.

Just before Christmas 2012, McHugh and Lostutter were alleged to have gained unauthorized access to the Big Red sports support page and engaged in subsequent actions that would damage the lives of a great many people.

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After McHugh plead guilty to the one charge, his defense atty filed with the court, an argument citing various reasons why McHugh should receive a lenient sentence for his actions.

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The defense begins to submit mitigating circumstances that would argue for a more lenient action by the court. As a result the turmoil McHugh experienced in his life is revealed.

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The defense presents more evidence in an attempt to mitigate his actions. What is presented is a picture of a troubled young man that suffered a great deal because of personal issues.

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The above submissions are intended to point out that McHugh was under a great deal of stress and that it was likely the reason he went against common sense when he joined in with Deric Lostutter in the alleged hacking of the website.

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The defense goes on to allege bias on the part of the media might have been one reason for McHugh deciding to hack the website.

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It is in the first part of the filing that we learn that McHugh actively testified against Deric Lostutter and as a result sealed his fate.

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According to the Defense atty, Deric Lostutter soon appeared as the mastermind of the actions and directed McHugh accordingly.

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It is alleged that Noah gained access to the website by simply guessing the log in information rather than through any sophisticated hacking methods or tools. This is a bit surprising for it has been pointed outthat Mr. McHugh is employed in the IT field and has a great deal of knowledge when it comes to hacking methods.

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In the portion above, the defense argues that McHugh was mearly misguided and due to previously stated circumstances he engaged in actions he otherwise would not have.

Next comes the “I am sorry” defense. The defense points out that McHugh understands he screwed up and regrets it.

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The defense continues its argument that the court should show mercy and hand down the most lenient punishment possible since McHugh is a first time offender and that there was no physical harm done to the victims of his crime.

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The defense goes on to point out that this is a first offense and that Noah has lead a crime free life up to this point.

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The defense then argues that probation would be the best option for the court to impose upon McHugh and points out that McHugh understands the violation of the probation terms would have dire results.

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An interesting argument appears at this point. The defense cites the generally accepted fact that the human brain is not fully developed at the age of 22 which was when the actions for which he was charged occurred. The claim is being made that since he was not quite “mentally mature” it was part of the cause as to why he did things an older individual may not have.

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In this part of the argument by the defense, it is pointed out that McHugh’s career in the IT field may be at an end, at least in the short term and he is considering becoming a cook.

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The defense then reinforces the argument that McHugh would face serious ramifications if he were to violate the terms of his probation.

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The defense then suggests a place where McHugh serve his sentence. The defense argues that it be a minimum security facility presumably a reasonable close proximity to where he currently resides.

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The government, obviously, disagrees with the defense and in a “not so fast” argument offers it’s own evidence and reasons why McHugh should be given the maximum punishment allowed under the sentencing guidelines.

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The government points out quite clearly the severeness of his offense and the effects it had on the innocent victims of his alleged crime.

The government goes on to point out that this was not some impulsive prank, but instead, was a well thought out plan of attack against those he and Lostutter felt were deserving of their attention.

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The government pointed out that McHugh “discussed committing additional computer hacks” with his co-conspirator, Deric Lostutter.

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The government made one compelling point in it’s argument “Hackers may not blame their crimes on mistake, false rumor, or fake news.”

In other words, the end does NOT justify the means.

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It was finally pointed out once again by the government that McHugh was quickly confronted by the FBI after his posting about plans for more “actions.” He had also not confessed to his actions until confronted by the FBI and did not apologize to his victims.

In the end, the court sided with the government and essentially threw the book at him.

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In addition to jail time, McHugh received 4 months of house arrest and probation. The conditions of his probation are quite severe as well.

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In addition to the standard conditions came “special conditions” that added to the severity of his punishment.

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The court has ordered that McHugh not access the internet or even a smart phone during his house arrest and probation for the 4 month period. He is not even allowed to have a cordless telephone.

And then there is the matter of the fine. McHugh could have faced a fine up to $100,000 but he got off lightly but still was hit quite hard when it came to his monetary obligations to the court.

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This is still a hefty fine since McHugh may not be employed in a high paying job at the moment. His hacking escapades has done a great deal of harm to his IT career and he may never work in that field again as it affords a certain amount of trust from his potential employer.

He also had to pay the fine IMMEDIATELY. There was no installment plan for him to spread out payments over an extended period of time. This means that if he did not have the money in the bank to cover the funds, he had to have one hell of a yard sale and say good bye to his 401k if he had one.

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Then the court took one more action to “pour salt on his wounds.”

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McHugh “lost the tools of the trade.” He lost his computer and anything else that was used to hack the website. That would be just about everything that was siezed under the search warrant.

In the end, all Noah McHugh accomplished was to destroy his own life and damage the lives of the innocent victims of his actions.

He did not solve the case nor did he obtain justice for anyone. In fact, just the opposite happened. Many potential witnesses were forced into silence in order to avoid the attention of McHugh and Lostutter.

IF there were any more people who were guilty of taking part in the alleged rape and the events that followed, they will remain unknown as a direct result of McHugh and Lostutters actions.

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In March, Deric Lostutter will learn his fate. It is likely his punishment will be far more severe than Mr. McHugh’s since he is the alleged mastermind of the hacking and the actions that followed.

The government stated that it wanted to make an example of Noah McHugh in order to deter other hackers from these actions.

The government will want to do the same with Deric Lostutter.

Stay tuned

MURT

 

 

 

 

 

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Yet another story is circulating on social media and on mainstream media involving the recovery of a child that has been missing for decades.

http://www.firstcoastnews.com/news/local/kamiya-mobley-found-18-years-after-abduction-from-jacksonville-hospital/385789179

ufmcKamiyah Mobley was kidnapped from a Jacksonville, Florida hospital on July 10th, 1998, She was found alive in Walterboro, S.C. and Gloria Williams, 51,  has been charged as being connected to the case.

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Kamiyah, now a normal teenager has to process the fact that her last 18 years of life has been a fraud. This brings up yet another famous case where a child that was kidnapped was found over a decade later.

Jaycee Dugard was kidnapped by a couple in  1991. She was discovered when she attended a parole hearing with her kidnapper and biological father to her two daughters she had while in captivity.

These are but two stories of how missing children are found a few years or even a few decades after they have vanished.

There are two children still missing here in Florida that have garnered lots of attention as well as many still missing who have not received as much attention.

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Haleigh Cummings and Trenton Duckett are still missing and their cases remain open. While many have given up hope, those who are their survivors, their families have not.

That is the way it should be.

Stay Tuned

MURT

 

 

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The poor judge that will be sentencing Deric Lostutter this coming March has had to put up with a massive number of letters to him advocating two differing positions when it comes to how he should deal with Deric Lostutter when he comes before the judge this coming March. Most of those letters want the most severe punishment possible to be levied against Mr. Losttuter but there are a few that consider Mr. Lostutter a victim of circumstances and have stated their points of views.

One of the more interesting letters comes from a Colonial Beach, Virginia resident by the name of Susan Earman. Ms. Earman is known by many for her obsession with the Haleigh Cummings case. She is purported to support Tim Holmseth and now Deric Lostutter from a group of individuals she labels “executioners” and who she claims is engaging in less than honorable actions having to do with their involvement in a number of true crime cases.

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Now, while there is no death penalty involved in the crimes that Mr Lostutter confessed to, Ms Earman decided to go dramatic in her sarcastic letter to the judge.

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The individuals that Ms. Earman is referring to in her letter are the same ones that show up in many of the twitter bio rants that Ms. Earman is known for.

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Ms. Earman continues with her narrative:

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Unfortunately, what Ms. Earman fails to disclose to the judge is that Mr. Lostutter turned on his former supporters. It is alleged that he borrowed $200.00 from a woman who could not afford to loan him the money, and he has yet to pay her back. Instead, he is suing her for telling the truth about him.

In another case, Mr. Lostutter involved the Grandchild of a former supporter in one of his tirades. It was this horrific act that compelled me to follow his civil and criminal cases and I have become increasingly concerned what I have turned up to date.

For some strange reason Ms. Earman disregards these actions and goes on to defend Mr. Lostutter.

While it might be her right to come to the defense of Mr. Lostutter it should also be the responsibility for Ms. Earman to thoroughly examine the facts both positive and negative in regards to Mr. Lostutter.

Her letter indicates that this is something that she clearly has not done.

Stay Tuned

MURT

 

 

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To get a measure of what sentence Deric Lostutter might receive one might want to take into consideration the sentence handed down to 26 year old Noah McHugh.

sentencingMr. McHugh plead guilty, last year to accessing a computer without authorization. He is alleged to have done so by guessing the password of the website in question and then passing that information along to Deric Lostutter.

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Mr. Lostutter, in turn plead guilty to two counts having to do with this incident. He plead guilty to conspiring to hack a website and lying to the FBI.

On Monday, January 9th, 2017 Mr. McHugh was sentenced to 8 months in prison and 4 months of house arrest for a total of 12 months.

At first glance, some may consider the sentence Mr McHugh received a slap on the wrist or moderate. Quite the opposite is true. The sentence imposed is the most severe that the judge can hand out for an offense that is not a felony.

Mr. Lostutter, on the other hand, has plead guilty to two felony counts having to do with the incident. The charges in question are far more severe than the one charge against Mr. McHugh and had a more profound effect on the victims of both Mr. McHugh and Mr. Lostutter.

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In addition to these charges, Mr. Lostutter violated the terms of his pre trial probation at least twice. A large number of people, including this author, have written to the judge that will decide his punishment, expressing their concerns about his conduct over the past several years.

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Each charge that Mr. Lostutter has plead guilty to carry a maximum of around 4 years each. Again, these are felonies which also means that certain rights will be forfeited upon sentencing. One of those rights will be the right to vote. He will also be required to list the felony convictions on applications for employment and may well be denied employment in any computer related field due to the nature of these crimes.

While Mr. Lostutter may have had good intentions at one point when coming to the defense of a survivor of a rape by two teen aged football parties, his actions went beyond what would have been considered justified and instead, became criminal.

Moreover, Mr. Lostutter took advantage of the fame generated by his actions to seek donations for both his personal and legal expenses.

dleartAgain,  number of people have expressed over the years, their strong concerns about Mr. Lostutter’s actions from both those who used to be his allies and supporters as well as those who feel they are the victims of Mr. Lostutter’s actions and alleged threats.

fundingsecondMr. Lostutter has seen fit to file numerous civil complaints against those who he claims have defamed and harassed him.

While it is true that supporters of Mr. Lostutter have written to the judge, they pale in comparison to those many letters that have been sent to the judge advocating the most severe punishment possible to be levied against him.

The sentencing in March 2017  may well reflect what the judge thinks of these actions based on the letters he has received.

The judge may well choose to use Mr. Lostutter’s sentencing to send a message to those who would choose to engage in similar actions, that there will be consequences for those actions.

Stay tuned

MURT