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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