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Monthly Archives: April 2017

It seems that Deric has been doing some traveling overnight. He is no longer in Oklahoma but is now in The United States  Penitentiary located in Atlanta, Georgia. This would still be a bit of a drive for his wife to be able to come down for a visit or two.

The first impression one gets from Deric’s new digs is that he has gone from bad to worse. This place does not have a stellar reputation. It is also OLD. It was built around 1902.

There is one bit of trivia associated with this prison. Al Capone used to be housed here before he transferred to Alcatraz.

Oh, there was a bit of a ruckus in the late  1980’s when a group of Cuban’s coped an attitude and took the place over for a while.

  The inmates housed here are mostly in the medium security category. The inmate population is comprised of mostly minorities. I am sure that Deric will blend right in and have himself some interesting times while housed there.

Stay Tuned

MURT

 

A few hours ago, I received the court transcript of the bond hearing that I had ordered right after the hearing ended. I will be going through the transcripts point by point and I will also upload the complete file for those who wish to read it without my commentary.

The hearing started routinely enough with all parties being introduced and the order of business being read by both the clerk and the judge henceforth known as “court.”

Page 2 is the beginning of the direct examination of Mark George, the probation officer who brought the evidence against Deric Lostutter to the attention of the Federal Atty’s office.

In page 3 Govt atty Gupta hones in on who Mr. George is and why he is in court.

In page 4, Mr. Gupta has Mr. George go into detail the part of the court restrictions Deric is alleged to have violated.

Next, page 5 is where the name of Alexandra Goddard is mentioned as the individual who emailed the evidence of the alleged violation by Deric. Her email included the well-known video from the FreeDeric twitter account and a photo from Jennifer Lostutter’s Instagram account.

In this next page, Mr. George goes into detail describing the video and photograph and telling the court why these items are in violation of Deric’s agreement with the court.

It was at this point that the cd was played in court. The court did not provide a copy of the cd so I will, instead, place the link to the video on the Free Deric account here. If she removes the video, I will try and procure a copy.

https://twitter.com/FREEDERIC_/status/848666300088033281

After the video is played in court, Mr. Gupta discusses the other pieces of evidence that were sent to him by Ms. Goddard.

It was this photograph that was next introduced into the court.

Mr.George went into detail describing both the video and the photo and how both were in violation of the court agreement.

The next page is where the defense begins his cross-examination of Mr. George.

Mr. Jennings continues on in the page below to try and get Mr. George to admit that the photo and video are not in violation because a photo of him put up by parties not associated with him would not be in violation of his agreement with the court.

The next page continues what could be best described as “a fishing expedition” by the defense to get Mr. George to bend on his stance that the photo and video were not violations at all. Mr. Jennings kept coming up with hypothetical incidents to try and defend the posting of the video and pictures and seemed to be getting nowhere.

This rather protracted and long argument continues and the judge is starting to get frustrated. He lets the conversation continue, however.

The discussion of hypotheticals continues by Mr. Jennings.

Mr. Jennings continues to point out examples of how photographs and videos depicting or mentioning Deric could wind up on the internet.

In the next page, Mr.Jennings asks about the material sent by Alexandra Goddard and it is also the first mention of Holly Briley as being part of how either the material got sent to the court or how her distributing the video and photo on the internet affected the actions of the probation office.

At this point,  Mr. Jennings was concentrating on the Goddard email and the contents within it. What Mr. Jennings was trying to imply would come out later on.

In the next page, Mr. Jennings had Mr. George admit that this was not the first email he had received from Ms. Goddard and other interested parties.

In the next page, Mr.Jennings finally gets to the point of all of his prior questioning. He brings out the fact that Alexandra Goddard along with other parties have had an ongoing dispute and that there was a lawsuit filed against her and the others by Deric.

It was at this point that the court finally intervenes.

The next page is where Mr. Jennings argument with the court begins to fall apart and I had an indication that Deric was not going to prevail. The judge engaged in what I considered a dressing down.

I was a bit confused with this portion of the argument as Mr. Jennings seemed to be arguing with the court that Deric did, in fact, violate but somewhere within the argument,  he was trying to say that Deric was justified in doing so. In this case, coming to the defense of his wife.

In this next segment, the judge does state that ALL of the parties would be smart to stop their bickering. However, the judge does make it clear that there would be no excuse for Deric to continue with the bickering once he is released from prison and that he intends to strictly enforce the provisions of the court restrictions against him.

The defense then introduces copies of a heated discussion going on between various parties presumably in twitter to both the court and Mr. George. Once again Holly Briley is mentioned.

The prosecution interrupts at this point and objects to what Mr. Jennings is introducing material that is not relevant to the case. The judge sustained the objection.

Next, Mr. Jennings tried to point out that Goddard and others were alleged to have attacked Deric’s daughter. The prosecution once again objected and once again the Judge sustained the objection.

Once again there is a back and forth between the judge and Mr. Jennings over the points that caused Deric to be in court. The judge is getting more frustrated that Mr. Jennings is missing the point when it comes to the restrictions laid down by the court.

Near the end of this next page, the judge makes a remarkable statement which gives me a clear indication that Deric is not about to walk out of the courtroom a free man.

“It is an indication to me that I’m really going to have

some problems with Mr. Lostutter on supervision because he’s

going to attempt to push everything to the line, everything up

to the line, push the envelope as far as he can, see what he

can do and get away with it.” Judge Reeves.

Things continue to go from bad to worse for Mr. Jennings as his discussion with Judge Reeves continues to go down hill.

Mr. Jennings goes back to his cross of Mr. George trying to pin down the argument of reasonable doubt when it came to who was controlling to two internet accounts.

The next page the discussion moves to the instagram photo but this time with the hashtags that appear next to it. The defense seems to argue that the hashtags were put there by people commenting on the photo.

The discussion continues and it is clear that Jennings is not winning his argument with Mr. George. I also noticed at this point that the hearing was going to run beyond the allotted time the court had set.

Mr. Jennings continued to argue that Deric was not in control of the posting of the photo and video and was clearly getting nowhere with Mr. George.

In this next segment, Mr. Gupta objects to all of Jennings hypotheticals and the judge immediately sustains the objection. The judge also exerts some strong language in his discussion with the defense Atty.

Something interesting happens at this point, Deric raised his hand and the judge immediately told him to put it down.

After the judge admonishes Mr. Jennings once again, he allows Mr. Jennings to ask one more question

After the defense is allowed to submit two additional pieces of evidence to the court, the prosecution moves on with his closing argument.

The judge at this point is clearly on the side of the prosecution. He bolsters the third party argument the prosecution is making.

The judge agrees with the prosecution’s argument that Deric is flipping off to those he is having the dispute with.

The prosecution goes into further detail with his argument against Deric Lostutter pointing out the ways that his actions indicate he is in violation.

The judge asks Mr. Jennings “if he feared that his being in the photo and video were a violation, why didn’t he call the probation department?

At this point the discussion between the judge and Mr. Jennings gets a bit heated as the judge tries to get him to see that Deric has clearly violated and Mr. Jennings simply will not accept that.

The Judge also asked Mr. Jennings what other language could Judge Weir have used in September that would have made it clearer for Deric exactly what constitutes a violation and what steps he needs to take to be certain to follow them. At one point Mr. Jennings was silent as if trying to figure out how to answer the question.

Mr. Jennings continues to disagree with the ruling where indirect access is not allowed under the September orders. The Judge again reminds Mr. Jennings of the exact portion of the ruling that prohibits just that.

The discussion continues with the judge bringing out the fact that he had been in constant touch with Judge Weir concerning Deric’s propensity to push the limits of the rules and eventually break them.

Mr. Jennings tries to make the argument that so many people would have to be notified not to post photos or videos of him that they take that it would make compliance impractical if not impossible.

The judge then takes his turn with presenting hypotheticals.

The judge makes it clear that Deric simply will not follow the rules. The judge points out that he has gotten Mr. Jennings to admit that Deric has indeed violated even though Mr. Jennings continues to disagree.

The judge then goes into a monologue pointing out that it is rule 12 that has been violated. He also states that he does not think that Deric is going to comply with this rule at any time.

The judge points out that he is disappointed that Deric does not seem to comprehend that he cannot violate the rules. It is also at this point that the judge indicates that he is going to revoke Deric’s bond and hand him over to the custody of the US Marshals.

Mr. Jennings tells the court that he has no interest in the civil case and still tries to come up with desperate arguments to get Deric out of going to jail early with no apparent success.

As the debate continues it is apparent that Mr. Jennings is going to lose his argument. There seems to be nothing he can come up with that would convince the judge to change his mind.

The judge finally brings things to a close. He revokes Deric’s bond finding him in violation of the conditions of the court and turns him over to the US Marshals.

At this point a US Marshall approaches Deric and instructs him to remove his suit jacket, tie and his belt. He also instructs Deric to surrender any personal property which turns out to be his wallet, some pills, and other items.

Deric is then handcuffed and let out of the rear of the courtroom. He would be transported to the Grayson Ky Detention center where he remained until he was transferred to the Oklahoma City FTC where he is currently housed.

At no point did Mrs. Lostutter enter the courtroom nor was she present after the hearing was over.

The following is the link to the file which may be easier to read than the images posted.

CR16-62 Lostutter Bond Rev Filed 041317 (1)

Stay tuned

MURT

 

Deric Lostutter has now been in Federal custody for around 12 days. As a “resident” of the institution, he gets a list of rules, a list of items available at the commissary, and other information needed to survive his stay at the institution. I am providing the files for everyone to read rather to post the individual pages as I have done in the past.

OKL_cadre_aohandbook Rules and proceedures

OKL_CommList Food and items available and price list

OKL_prea Prison Rape Elimination Audit

You are free to download these files to use as you wish.

Stay tuned

MURT

I have had a number of requests for the complete transcripts of the March hearing.

The link should enable whoever wishes to to download the file. If you run into problems, please let me know. There are no audio recordings available of this hearing

marchtranscripts

Stay tuned

MURT

For reasons that escape me Don Carpenter made a series of Twitter posts first implying that the document dump I will be releasing sometime next week will only be documents already out and available to the public through one or more on line file databases.

He found out in short order that he was quite wrong.

Don, who is supposed to be in the media himself apparently could not figure out what exactly the documents were until I hinted what they were.

In case those of you that are reading this have not figured it out, I ordered the court transcripts from the April hearing where Deric was finally arrested. I was told  by the court reporter that the transcripts will be hitting my email account by Friday, April 28 at the latest. I will then publish the transcripts in the same manner as I did with the transcripts from the previous hearing.

What Don fails to understand or reveal in his twitter posts is that court transcripts are not free. In fact they are somewhat expensive. In this case to the tune of $257.00.

Because I ordered the transcripts the public will get to see them for free, including Don Carpenter.

I am not sure why Don made such an issue out of my “teaser” which is a common method the media uses to get people to “tune in” at a specified time to see what it is that is being promoted.

What is done is done, however and the secret such as it is out.

Stay tuned

MURT

Yesterday a local NC media outlet posted an article about Deric Lostutter using material submitted to her by Deric while he was in county jail. The article offered nothing new but, instead, repeated the same false narratives that Deric has been spreading for years.

It would appear that his wife is not only his atty but is also now serving as his press secretary. The one thing that can be said about the Lostutter’s is that they are propagandists. How good they are at this will remain to be seen.

Stay tuned

MURT

Many people thought that when Michelle McKee was dropped from Deric’s lawsuit that she would be happy and go on her merry way. People who know Michelle well, knew better.

Michelle filed a motion to collect her portion of the legal fees incurred in the lawsuit Deric filed against her along with punitive damages for suing her in the first place.

This did not sit well with Deric who yesterday, filed a rebuttal to her motion which, by the way is a neat trick since he is now in federal prison.

There is also something rather odd about this filing which I will get to later. For right now, I am going to go through Deric’s motion point by point.

Deric is only partly correct. Michelle McKee is reported to be heading back to Gig Harbor Washington. Apparently she did not feel comfortable remaining in Georgia.

I would assume that in this portion, he is referring to Thomas Olsen who has filed such an order. A hearing on the matter is scheduled for late May.

In this portion Deric discloses that Michelle has given him a tremendous amount

of information regarding her interactions with Thomas Olsen and Alexandra Goddard. She is said to have turned over private messages, e-mails and documents related to the defense evidence intended to be used to combat the civil lawsuit filed by Deric.

She has also agreed to act as a witness for Deric as he pursues his lawsuit.

In this portion Deric argues that the other defendants took advantage of Michelle’s “diminished mental state” thus implying that Michelle was not mentally competent. (NOTE: THIS IMAGE IS OUT OF ORDER RE: ORIGINAL DOCUMENT)

Now, remember that I said there was something odd about this filing. Please note in this portion of the filing the date that Deric signed the document and again note the date that this document was filed with the court,

Now compare those documents with the notary stamp below.

According to the notary, this document was submitted to her on April 10th. I noticed that a different colored ink had been used to “fill in” the day of the month where the date appeared in various locations on the document.

To me this means that the document was prepared well in advance of the filing and that the notary signed a document that was both undated and altered subsequent to her notarizing it.

This brings up a few interesting questions:

First, why did the notary stamp a document that was not dated?

Does the fact that the document was altered by adding a date nullify it’s validity?

What are the ramifications to both the Notary and to Deric regarding these changes?

And finally, who filled in the date? Deric is currently housed in a federal prison over 1200 miles away from where this motion was filed. One can assume his wife Jennifer, who is now acting as his atty filled in the dates on the document.

Stay tuned

MURT

 

 

i had an interesting surprise this morning. I checked with the Federal Bureau of Prisons to see if Deric’s transfer from a county prison to a federal facility had hit the public records, and sure enough it has.

Not only did Deric not go to the Butner NC facility asked for by his defense atty, but instead, went to a federal prison  some 1200 miles in the opposite direction from where he lives, give or take a few miles.

This means that if his wife decides to visit him, she is in for one hell of a drive.

Stay tuned

MURT

My it has been a busy day for me today. As I said earlier, the atty for Thomas, Michelle and Alexandra quit because of the disputes going on between primarily Thomas and Michelle. Alexandra Goddard found herself caught in the middle of the dispute.

The dispute between Thomas Olsen and Michelle McKee started a while back when there was a settlement pending between the three parties and Deric Lostutter.

As I recall, Michelle decided it was not in her best interest to accept the settlement and made her feelings known. This decision on her part cased a rather intense and lengthy dispute between her and Olsen. As time went on the dispute reached such intensity that outside parties soon took interest in the dispute.

Another major milestone took place when Deric suddenly decided to drop Michelle McKee from the lawsuit. This only made matters worse as Thomas Olsen and Alexandra Goddard were now concerned that this action had only strengthened Deric Lostutter’s chances of winning his lawsuit against him.

Things got so intense that Thomas Olsen felt that Michelle McKee was stalking him and as a result of his concerns, he filed an action in the Santa Rosa county court where he resides in Florida.

Michelle McKee is rumored to have left the state of Georgia and is on her way back to Gig Harbor, Washington. Michelle McKee is unavailable for comment as she has deactivated her twitter accounts.

A hearing into the matter is scheduled for May, 24th, 2017.

Stay tuned

MURT

This has turned out to be something of an active day for information flowing my way. First, I find out that Deric has been transferred to a new jail and then I find out that the Atty for Alexandra Goddard and Thomas Olsen has notified the court that he will no longer represent them. To top things off, I find out that Thomas Olsen is suing Michelle McKee which turns out to be the primary reason that Mr Gibson withdrew from their case.

This development now gives a long shot chance that Deric may prevail if the lawsuit goes forward. The motion to dismiss Deric’s lawsuit has yet to be ruled upon. IF the court dismisses the civil lawsuit, then the case may be at an end.

If, however, the court does allow the lawsuit to go forward, the dispute between Olsen and McKee may give Deric a better chance to prevail.

In the meantime…..

Stay tuned

MURT