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Monthly Archives: February 2017

CM ECF U.S. Eastern District of Kentucky Version 6.1The documents having to do with the sentencing of Deric Lostutter everyone has been waiting for have been posted by the court. The problem is that the documents have been sealed.

One officer of the court familiar with the case speculates “Given the timing, this is the Defense motion for more lenient sentence than is recommended in the PRS.”

One interesting piece of trivia is that the paperwork was referred to , Judge Weir rather than Judge Reeves. It was Judge Reeves that gave Deric an “ass reaming” in his prior visit to the court.

Later today, I will check again to see if anything new comes up in what might turn out to be a busy week before the March 8th Sentencing.

Stay tuned

MURT

dericnota

Today marks an important milestone in the federal case against Deric Lostutter. It is a day when a lot of the pre sentencing documentation that is due should start flooding the office of the Clerk of the court.

Chief among these documents will be the pre sentencing reports which will include the government’s arguments as to why Deric should receive the punishment they advocate and exactly what that punishment will be.

The defense will likely offer, once again, their argument for leniency from the court. along with any motions they seek.

We should also learn today or sometime early this week if Noah McHugh is going to testify. If he does, it should make for an interesting day in court. Most notable would be any cross examination by the defense.

It is also not clear if Deric Lostutter will make any kind of statement either on his behalf or as an apology for his actions.

Next on the list would be if there is going to be anyone else who might testify for either the defense or prosecution.

His wife may be there with him and may choose to make a statement along with anyone who has written letters to the court either on his behalf or those who consider themselves his victims or who wish to see him get the maximum sentence as allowed by law.

The countdown to Wednesday, March 8th 2017 continues for those whose interest in the case is due to the impact his sentencing will have on them as well.

Stay tuned

MURT

Lostutter Scheduling Order murtwitnessone gmail.com GmailExcept for the occasional letter either in support of Deric or in opposition of him, not much has been coming out about his impending sentencing on March 8th.

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That could be changing as early as tomorrow Feb, 24th. There are a lot of deadlines coming up for various actions associated with federal court procedures that are required prior to sentencing.

It will be what is contained in these reports that will  indicate the direction the court may take when it imposes it’s sentence on Deric.

calmstorm

Now is the time to watch closely to see what paperwork starts to flow out of the court to foretell the storm coming Deric’s way sooner than later.

Stay Tuned

MURT

 

canadaflag

There has been an ongoing debate among some on social media regarding the two main options that may take place in the sentencing of Deric Lostutter.

DERIC1

The first option would be little or no jail time with probation and a fine being possible.

The second option would be that the judge throws the book at him, handing down a sentence of several years with a stiff fine and strict probationary requirements for Deric to meet.

What has NOT been discussed, as far as I can find, is the third long shot option.

Deric simply does not show up in court .

He flees to Canada.

usmsstar

On the surface, this would not seem to be a likely outcome for obvious reasons. It is a hard thing to do now days or that is what some people might think.

The first argument in favor of this option is the fact that Deric would not be the first alleged hacker to flee to Canada.

commandrxConsider the case of Commander x. He was actually arrested by the FBI and released on bail

https://arstechnica.com/tech-policy/2012/12/anon-on-the-run-how-commander-x-jumped-bai/

“Doyon could be looking at years in prison.
The thought of long-term confinement was intolerable.
He decided to run.”

Deric has the luxury of not being out on bail. He is only out on probation. This would make it easier for him to go on the lam. He also has those would be willing to finance his “vacation.”

Because of the conditions imposed by the court, Deric has been completely quiet. He has said absolutely nothing on his known accounts. Because of this, there is no pattern of activity for law enforcement to observe that would anticipate when or if he were to abscond.

All Deric would need to do is to wait until the day of his appointment with his probation officer to take off after the appointment. He is less than a day’s drive from the many obscure entry points to Canada. Illegally crossing into Canada is far easier than one might think. All it takes is a little research as to where best to cross over.

canacacross

The next argument for this option is that Deric considers himself a martyr. He has engaged on a years long self serving propaganda campaign to portray himself as the “hero of Steubenville.”

Deric can also look at the support that has been given to Commander X and others who have fled their home countries rather than serve prison terms.

voiceofcommanderx.jpg

Commander X has managed to build himself a rather large and profitable media empire. He has a lot of support from the Anonymous collective and many in the public sector.

cxbook

It is not that hard to believe that Deric Lostutter through some twisted logic would look at Commander X and think “this could be me!!!!”

Deric has shown his ability to use social media for his benefit. He could certainly set up a support network that would funnel funds to him wherever he may choose to reside.

Now to counter an obvious argument against Deric leaving the country, his wife and child. It is hard at this time to know the exact status of their relationship. We can however use a hypothetical to guess what she may or may not do.

She could choose to remain where she is and use subtle methods to contact Deric and perhaps funnel funds to him.

She could also choose to join him on his being on the lam at the same time or at a later date. A lot depends on how closely law enforcement is keeping an eye on him.

The best option for Deric is to go it alone. Leave the wife and child at home, at least for now, and hit the road. At a later date, she could find a way to join him.

At this point, there  are probably some of you wondering why the hell Deric would take such a drastic gamble? He is a first offender, after all and he just might get off with a slap on the wrist.

If he were to get caught, Deric would face a far more severe fate than if he were to show up on March 8th to face the consequences of his actions.

It is those actions that cause me to consider at least the remote possibility that Deric would go down this path. Deric chose to engage in a reckless action that he knew clearly was in violation of the law and would result in serious consequences if caught.

He also lied to the FBI which is a seriously stupid thing to do. To compound matters, Deric has violated the terms of his pre sentencing probation at least twice.

Deric has also filed what has to be the dumbest collection of Civil lawsuits of all time.

Because of all the arguments I have submitted thus far, I feel it is not that much of a stretch to think that Deric just might follow Commander X into Canada and at least try to live the life of a fugitive hacker.

In just two short weeks, we will find out what option will turn out to be correct.

Stay tuned

MURT

 

 

 

tclhThe latest support letter to be seen by the judge presiding over the sentencing of Deric Lostutter comes as a complete surprise to me. The reason is not so much the fact that it is yet another letter of support but because of who it is that authored the letter.

audrydaisy

In the introduction, Ms Coleman reveals that she is the mother of Daisy Coleman. It turns out that Daisy was the subject, along with Audrie Pott who were assault and cyberbullying victims.

tcl1

In this powerful letter, Dr Coleman details why she feels that Deric deserves a break when his sentence is handed down in just under three weeks from this writing.

tcl2

I can understand Dr. Coleman’s point to a degree. There was a culture in Steubenville that seemed to condone the actions of those convicted or at least an attempt was made to mitigate their actions.

I am still, however, forced to reiterate my position that the ends do not justify the means. Dr. Coleman apparently does not know the damage that was done to the innocent victims swept up in the actions that caused Deric to confess to two of the federal counts against him.

dericcnn

Unfortunately, Deric’s subsequent actions after his indictment has made it clear that a lenient sentence will not deter him from future reckless actions.

If he is given the proverbial slap on the wrist, Deric will only be emboldened to get involved in another situation where his likely uncontrolled actions will cause even more damage to other innocent victims caught up in his shenanigans.

This latest letter of support makes it even more imperative to pay attention on March 8th to what may determine the fate and future of Deric Lostutter and the public at large.

Stay tuned

MURT

gvw

While doing research on the question of bloggers being journalists or not, I came across a rather curious term: The Gertz rule. Upon reading the case law behind this term, I began to wonder how this would apply to the civil case that Deric Lostutter filed against his critics.

Upon doing some more research on the Gerts rule, I came to the conclusion that Deric’s civil case may be in a bit of trouble.

An attorney, Elmer Gertz sued Robert Walsh for Libel. Walsh through his publication American Opinion, accused Gertz being a Communist and participating in the Communist campaign against local police.

Gertz sued and won.

Now, at first glance one would think this helps Deric’s case. It does not. In a subsequent case that I cited in my prior article, the transcripts point out something that does not help Deric and just might point to his ultimately losing the case.

12 35238.pdf(2)

If I read this correctly, the plaintiff in that case did not prove that the statements by the defendant were false. The court again ruled that the blogger was afforded the same first amendment rights as professional journalists.

12 35238.pdf(2)

The problem for Deric is that the various defendants have backed up their criticisms against Deric with provable facts, coming from his own words and actions on line. As for the name calling and other points Deric cites in his civil lawsuit, he may or may not have a case.

As of this writing, the decision by the court regarding the motion to dismiss the Lostutter civil suit has not been reached.

With his sentencing 3 weeks away as of this writing, the civil lawsuit is the least of Deric’s worries.

Stay tuned

MURT

Don Carpenter on Twitter sometimes I have to laugh at these untrained unskilled wanna be independent journalists. BLOGGERS ARE NOT JOURNALISTSI came across this remark by Don Carpenter who is part of what is known as The Mobile News Network and is best known in some circles for his coverage of the Steubenville, Ohio gang rape case. He is also known for his recent coverage of Deric Lostutter.

Tweets with replies by Don Carpenter AnarchyWaltz Twitter

I am rather curious if he is applying his remark to ALL bloggers or a few that may have come to his attention. Of that I am not certain.

The question of bloggers being journalists or not comes up from time to time, mainly from those professionals who do not like bloggers encroaching on their turf.

As it happens there is a federal case that addressed this very question.

12 35238.pdf

As stated in this article:

https://www.theatlantic.com/technology/archive/2014/01/us-court-bloggers-are-journalists/283225/

The federal courts stated “

“Although the Supreme Court has never directly held that the Gertz rule applies beyond the institutional press, it has repeatedly refused in non-defamation contexts to accord greater First Amendment protection to the institutional media than to other speakers,” he wrote. In one case, he said, “the Court expressly noted that ‘we draw no distinction between the media respondents and’ a non-institutional respondent.”

12 35238.pdf(2)

The judge also stated :

“The protections of the First Amendment do not turn on whether the defendant was a trained journalist, formally affiliated with traditional news entities, engaged in conflict-of-interest disclosure, went beyond just assembling others’ writings, or tried to get both sides of a story. As the Supreme Court has accurately warned, a First Amendment distinction between the institutional press and other speakers is unworkable: “With the advent of the Internet and the decline of print and broadcast media . . . the line between the media and others who wish to comment on political and social issues becomes far more blurred.”

12 35238.pdf(2)

The author of the article wrote

“So everyone—not just journalists—benefits from the First Amendment’s protections, which makes bloggers (even slimy ones) legally equivalent to journalists.”

So what exactly is the Gertz rule?

https://en.wikipedia.org/wiki/Gertz_v._Robert_Welch,_Inc.

“Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), was a case in which the Supreme Court of the United States established the standard of First Amendment protection against defamation claims brought by private individuals.”

Will this end the debate regarding the journalism status of bloggers? Probably not, but it does point out that this is one example of the federal courts stating quite clearly that bloggers at least enjoy the same first amendment rights as do professional journalists.

Stay tuned

MURT

dericmomltrTwo more letters of support have been released that were sent to the judge presiding over Deric Lostutter’s sentencing. One was from someone claiming to be a long time friend and the other is from his mother. I am going to deal with her letter first.

I am a bit surprised that it took this long for his mother to write into the court. It usually the parent or guardian who is the first to write in and who is also the strongest defender of someone awaiting sentencing by a court judge.

In her opening, his mother accuses people of harassing him, his family as well as her and her family. She claims to have documentation of these facts but, for her own reasons has decided not to provide them to the judge.

She sites these factors as reasons for him not to go to jail for the crimes that he has confessed to.

dericmom2

In the second letter, she brings up the “for the better good” argument and explaining why she feels Deric was forced to break the law.

She claims that Deric has a lot of respect for women and thus was compelled to come to the defense of the Steubenville Jane Doe rape survivor.

It appears that Deric has not told his mother (or she has chosen to ignore and omit from the judge) about his harassment of those innocent women who came to the defense of some of those accused in the gang rape of Jane Doe and those who had opinions different than that of Deric’s

Most who have read my entries thus far understand the true facts quite clear. Unfortunately for Deric’s mother, so does the judge.

Now for part two:

THE SKY LETTER

This next installment is both compelling and interesting for a number of reasons. The first reason is that the letter is from the same general location as was the one from his mother.

skyltr

The first thing that stands out is that both of the letters were likely done on a computer and then printed out. The same general format of the letters are also the same.

There are slight differences in the font sizes used and the way the paragraphs are formatted, but by and large, there are similarities as well.

Anyone who chooses to study both of these letters will pick up on what those similarities are. Let me move on to the next installment of this letter.

skyltr2  It is clear from his introduction that Sky has both a personal and professional relationship with Deric. The judge will weigh this as obvious bias when considering his plea for a light punishment for deric.

Early on Sky makes the widely disputed claim that Deric was key to getting 4 school officials indicted for covering up various aspects of the alleged rape.

What Sky leaves out of his letter is the fact that many more of those who may have had something to do with the rape escaped prosecution because Deric’s antics were believed to have scared off potential witnesses who could have provided enough evidence to both indict more participants and lead to more sentences against the two individuals who were eventually convicted of the crime.

It is the second part of the letter that I find both troubling and annoying. Sky is one of these IT professionals who believe that the ends justify the means. He indicates in his letter that he is willing to violate the ethics of his profession if it means attaining whatever justice he thinks justifies these kinds of actions.

 For some reason, IT professionals such as Sky think they are above the law and try to justify their actions with the same tired old “for the better good” argument. These people do not seem to realize that their actions actually do more harm than good.

In the Steubenville rape case, a lot of people decided to take matters in their own hands and as a result did far more damage to the case than they care to admit.

Sometimes it is better to have butted out and it is a lesson that Deric may well soon learn.

Stay tuned

MURT

ontheair

Well, after what was probably a brief bender, the self important blogger who goes by the moniker Radio has resurfaced with yet another boastful post claiming that the outing of her as Judy so and so is wrong. Well, I have some news for Radio.
NOBODY CARES!!!

At least, I don’t.

I feel that if Radio is not the Judy that has been mentioned several times in the information given in several doxing sources, there was enough information to satisfy most who were interested.  Radio admits that at the very least, Judy is a blood relative which pointed those interested  in the right direction.

There is something in her (or his perhaps?) background that Radio is ashamed of. Is Radio a well known pedophile pretending to be a man? Is Radio a sexual predator who enjoys targeting women from behind an anonymous blog?

Most likely, yes.

One thing is certain, Radio is NOT some celebrity or someone under some kind of witness protection program. Radio, instead, is nothing more than one of millions of bloggers who operate small and mostly anonymous blog websites.

Common sense dictates that there is something in the past or present regarding Radio that would do even more damage to her reputation by exposing who she really is that is more substantial to the damage she has already done to her reputation by her unethical and immoral actions.

Radio is simply not an important enough person to be hidden behind the so called extra measures she has taken to protect her identity.

There is certainly nothing important enough on her hate filled blog to justify going under “deep cover.”

For the most part, the only things posted on Radio’s blog are links to other sources that she has posted on her blog along with excerpts from those articles written by someone other than herself.

In the past, Radio’s blog contained personal attacks of undeserving victims of her wrath. Radio posted highly personal information on her blog that had the potential of putting the safety and security of her victims at risks. Radio would publish the names and addresses of the victims, their families, and sometimes their employers, on the internet opening up the risk of identity theft and harassment of them by internet pranksters and scammers.

In the end, Radio exposed her true self as nothing more than a vindictive hermit hiding behind a secret identity thinking that she would escape being accountable for her actions by doing so.

After the exposing of Radio as being behind scores of vindictive Twitter socks  are the occasional temper tantrums and boasts that Radio seems to think are important to others when in fact they are only important to Radio herself.

Radio does not seem to notice that those she has named in her latest rant, including me, have moved on. We have other interests to pursue. The self important Radio can brag all she wants that we still do not know beyond a doubt who she actually is, but there will be nobody who gives a damn.

What Radio does not seem to understand is that we know WHAT she is, and THAT is what is important.

Stay tuned

MURT

There has been an ongoing debate about the letters that have been sent to the federal judge overseeing the sentencing of Deric Lostutter this coming March. The one thing I found out in my research is that it is perfectly ok for the defendant to solicit letters of support.

Due to the many similarities that were contained within the letters, it seems that Deric not only solicited the people who authored the letters sent to the court, he also may have given them bullet points to include in the letters to the court.

At the same time, Deric may have committed a crucial error. The letters were sent directly to the court and not to his attorney. This bypassed the attorneys ability to vet the letters before going to the judge.

Why is this important? It is because, although the authors will include in their letter only what they consider to be information that will be helpful to Deric at sentencing, there is always a possibility that someone may unintentionally include something that could actually be harmful.

I have noticed that many of the letters supporting Deric have included details of his actions. The writers also acknowledged that he is guilty of what he has confessed to and understand that he needs some kind of punishment.

Coupled with the letters sent to the judge asking for the most severe punishing by writers using the same bullet points against Deric, the Deric supporters may have actually made the situation worse.

This seems to indicate that Deric went ahead with this letter campaign without consulting with his attorney or not taking his advice.

With Deric, you never know.

Stay tuned

MURT