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http://www.vaildaily.com/apps/pbcs.dll/article?AID=/20040916/NEWS/109160018 EAGLE COUNTY - Kobe Bryant's attorneys want the leaks plugged, and punishment for those who mailed Bryant's interview with sheriff's investigators to the Vail Daily. "The TRO (temporary restraining order) has been blatantly violated," wrote Bryant's attorney Pamela Mackey. Mackey asked the District Court to appoint an investigator to immediately seize all evidence, including the large, brown envelope in which the transcript and recording of Bryant's interview was mailed to the Vail Daily this week. That non-descript envelope carried a hand-written address to the Daily, four stamps and no return address. Mackey wants the court to appoint an investigator to find who mailed the package to the Daily, and punish them. The leak comes after prosecutor Dana Easter and District Attorney Mark Hurlbert sat down for interviews with the Daily as well as The Denver Post, the Rocky Mountain News and People magazine. "Ms. Easter disclosed her version of substantial portions of the interrogation of Mr. Bryant and improperly commented on and mischaracterized the evidence," wrote Mackey. The Daily published the entire contents of the interview on its Web site, vaildaily.com.. Mackey said revealing the contents of the interview violates Bryant's right to privacy. "Like all innocent individuals, Mr. Bryant is guaranteed a right of privacy," wrote Mackey. "Mr. Bryant followed the rules ... Mr. Bryant's entitlement to seek relief from this court is as plain as this court's authority to give such relief." Bryant's attorneys asked for and received a temporary restraining order to seal the records associated with the case. The District Court must still rule whether that temporary order will become permanent.
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"s_knight8" <s_knight8nospam@hotmail.com> schreef in bericht news:cidr41$e7n@dispatch.concentric.net...
http://www.vaildaily.com/apps/pbcs.dll/article?AID=/20040916/NEWS/109160018
The leak comes after prosecutor Dana Easter and District Attorney Mark Hurlbert sat down for interviews with the Daily as well as The Denver Post, the Rocky Mountain News and People magazine.
"Ms. Easter disclosed her version of substantial portions of the interrogation of Mr. Bryant and improperly commented on and mischaracterized the evidence," wrote Mackey.
Bryant's attorneys asked for and received a temporary restraining order to seal the records associated with the case. The District Court must still rule whether that temporary order will become permanent.
Seems like Kobe's case against the sheriff and DA is getting stronger every day. Alex
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"Alex" <avdeelen.REMOFE@wanadoo.nl> wrote in message news:<414aed8d$0$76525$b83b6cc0@news.wanadoo.nl>...
"s_knight8" <s_knight8nospam@hotmail.com> schreef in bericht news:cidr41$e7n@dispatch.concentric.net... Seems like Kobe's case against the sheriff and DA is getting stronger every day. Alex
What case? Has he filed a case or is this some fantasy of yours? Mez
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"Messalina" <messalinana@yahoo.com> schreef in bericht news:f00c23df.0409171239.1aacc26a@posting.google.com...
"Alex" <avdeelen.REMOFE@wanadoo.nl> wrote in message
news:<414aed8d$0$76525$b83b6cc0@news.wanadoo.nl>... "s_knight8" <s_knight8nospam@hotmail.com> schreef in bericht news:cidr41$e7n@dispatch.concentric.net... http://www.vaildaily.com/apps/pbcs.dll/article?AID=/20040916/NEWS/109160018 Bryant's attorneys asked for and received a temporary restraining order to seal the records associated with the case. The District Court must still rule whether that temporary order will become permanent. Seems like Kobe's case against the sheriff and DA is getting stronger every day.
What case? Has he filed a case or is this some fantasy of yours?
His proverbial "case", m'dear. As in, "He certainly has a case...". Alex
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Messalina wrote:
What case? Has he filed a case or is this some fantasy of yours?
Bryant v. Joe Hoy, et. al., 04CV468, District Court, Eagle County. Larry Coon University of California The NBA Salary Cap FAQ: http://members.cox.net/lmcoon/salarycap.htm
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On 17 Sep 2004 13:39:31 -0700, messalinana@yahoo.com (Messalina) wrote:
"Alex" <avdeelen.REMOFE@wanadoo.nl> wrote in message news:<414aed8d$0$76525$b83b6cc0@news.wanadoo.nl>... What case? Has he filed a case or is this some fantasy of yours?
Get out of your cave and find out. The answer is yes.
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I thought the "gag order" that the leak would be in violation of was during the trial? If that's the case, then the trial is over, and the leak is perfectly legal. If not, I suggest whoever has a copy of the interviews send them everywhere you can, to make sure they remain available for anyone who might wish to read them. Censorship is wrong.
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Chris wrote:
I thought the "gag order" that the leak would be in violation of was during the trial? If that's the case, then the trial is over, and the leak is perfectly legal.
Because you don't pay attention. 1) There is still ongoing litigation. 2) Records from closed cases is OFTEN sealed. For example, many divorce cases.
If not, I suggest whoever has a copy of the interviews send them everywhere you can, to make sure they remain available for anyone who might wish to read them. Censorship is wrong.
You don't understand the definition of "censorship." Larry Coon University of California The NBA Salary Cap FAQ: http://members.cox.net/lmcoon/salarycap.htm
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In article <414C5779.5DCC@nospam_cox.net>, Larry Coon <lmcoon@nospam_cox.net> wrote:
Chris wrote: Because you don't pay attention. 1) There is still ongoing litigation. 2) Records from closed cases is OFTEN sealed. For example, many divorce cases. You don't understand the definition of "censorship." Larry Coon University of California
"As to the earlier comment that they shouldn't publish information on an ongoing rape case, there are many problems with that mindset. One, freedom of the press is given a paramount importance, for good reason. There has to be a damn good reason to exercise prior restraint of the press, and your reasons for not publishing information on an ongoing rape case doesn't cut it." - Larry Coon
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tjab wrote:
"As to the earlier comment that they shouldn't publish information on an ongoing rape case, there are many problems with that mindset. One, freedom of the press is given a paramount importance, for good reason. There has to be a damn good reason to exercise prior restraint of the press, and your reasons for not publishing information on an ongoing rape case doesn't cut it." - Larry Coon
Note to Chris: tjab doesn't understand either. tjab posted a quote from when I was talking about prior restraint (what you called censorship), when I was commenting on you calling something prior restraint that wasn't prior restraint. Larry Coon University of California The NBA Salary Cap FAQ: http://members.cox.net/lmcoon/salarycap.htm
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In article <414CC368.679E@nospam_cox.net>, Larry Coon <lmcoon@nospam_cox.net> wrote:
tjab wrote: Note to Chris: tjab doesn't understand either. tjab posted a quote from when I was talking about prior restraint (what you called censorship), when I was commenting on you calling something prior restraint that wasn't prior restraint.
So do you think the transcript of Bryant's statement should have been published or not, Larry?
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tjab wrote:
So do you think the transcript of Bryant's statement should have been published or not, Larry?
I'm afraid we're getting into a semantic issue again. Can you clarify your question? Did you mean, "Do you think that once the transcript found itself in the Vail Daily's hands, they should have published it?" Larry Coon University of California The NBA Salary Cap FAQ: http://members.cox.net/lmcoon/salarycap.htm
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"Larry Coon" <lmcoon@nospam_cox.net> wrote
..... Did you mean, "Do you think that once the transcript found itself in the Vail Daily's hands, they should have published it?"
didn't they sort of answer that question concerning the prior leaks? No one was punished, with any rigor, over the last leaks, and the media constrained only from publishing her name, ims. It would seem a selective enforcement to punish someone leaking the material now, and not punishing them- or even investigating much- for the material published before. This isn't a divorce case- there are no privileged intimacies between any of the principals, hence no expectation of privacy by any of them about anything. Chas
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In article <8qSdnbQssM2AP9DcRVn-iA@comcast.com>, Chas <chasclementsSPOOF@comcast.net> wrote:
"Larry Coon" <lmcoon@nospam_cox.net> wrote didn't they sort of answer that question concerning the prior leaks? No one was punished, with any rigor, over the last leaks, and the media constrained only from publishing her name, ims. It would seem a selective enforcement to punish someone leaking the material now, and not punishing them- or even investigating much- for the material published before. This isn't a divorce case- there are no privileged intimacies between any of the principals, hence no expectation of privacy by any of them about anything.
Besides, who's to say who leaked it? All Kobe's supporters here seem to think its coming out only helped him, and hurt her chances of getting a settlement.
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tjab wrote:
Besides, who's to say who leaked it?
Just speculating here, but there were several different traslations of the tape. Mackey said the one that was released was one of the prosecution's translations. I would think the defense would somehow manage to leak one of THEIR translations.
All Kobe's supporters here seem to think its coming out only helped him, and hurt her chances of getting a settlement.
Well, -if- she was thinking she could use the potential airing of the tape as a bargaining chip toward a settlement, then they have lost the opportunity to do so. I haven't seen your answer to my question -- when you asked me if I thought the transcript should be published, were you referring to whether the Vail Daily should have published it once they got it? Larry Coon University of California The NBA Salary Cap FAQ: http://members.cox.net/lmcoon/salarycap.htm
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In article <414DB745.2DA@nospam_cox.net>, Larry Coon <lmcoon@nospam_cox.net> wrote:
tjab wrote: Just speculating here, but there were several different traslations of the tape. Mackey said the one that was released was one of the prosecution's translations. I would think the defense would somehow manage to leak one of THEIR translations.
What, and make it obvious that they did it? You may be thinking, but you're not thinking very hard. All Kobe's supporters here seem to think its coming out only helped him, and hurt her chances of getting a settlement.
Well, -if- she was thinking she could use the potential airing of the tape as a bargaining chip toward a settlement, then they have lost the opportunity to do so.
So you agree that it's not likely to have been her or her attorneys. That would leave the prosecutors. But what's their motive, if the release of the tape is helpful to Bryant?
I haven't seen your answer to my question -- when you asked me if I thought the transcript should be published, were you referring to whether the Vail Daily should have published it once they got it?
Either one. By the way, why do you think the tape went to the tiny little Vail Daily, and not, say, the LA Times?
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tjab <tjab@wam.umd.edu> wrote in message news:cikf68$kio@rac1.wam.umd.edu...
In article <414DB745.2DA@nospam_cox.net>,
Well, -if- she was thinking she could use the potential airing of the tape as a bargaining chip toward a settlement, then they have lost the opportunity to do so.
So you agree that it's not likely to have been her or her attorneys. That would leave the prosecutors. But what's their motive, if the release of the tape is helpful to Bryant?
Because the prosecution are sore losers. Kobe didn't want the tape released, that's why the prosecution released it. It isn't necessarily "helpful" to Kobe. It just doesn't prove anything either way. But then again, in a way, that IS helpful to him, considering people like you were convinced the tape proved he was guilty.
By the way, why do you think the tape went to the tiny little Vail Daily, and not, say, the LA Times?
Dan Abrams also has a copy and played the tape on his show.
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In article <cikftu$8m0@dispatch.concentric.net>, Don Tiberone <DonTiberoneNOSPAM@SKP.net> wrote:
tjab <tjab@wam.umd.edu> wrote in message news:cikf68$kio@rac1.wam.umd.edu... Well, -if- she was thinking she could use the potential airing of the tape as a bargaining chip toward a settlement, then they have lost the opportunity to do so. Because the prosecution are sore losers. Kobe didn't want the tape released, that's why the prosecution released it. It isn't necessarily "helpful" to Kobe. It just doesn't prove anything either way. But then again, in a way, that IS helpful to him, considering people like you were convinced the tape proved he was guilty.
I'm not sure what you mean by people "like" me, but I for one wasn't convinced of anything of the sort. (I was pretty sure it would show him initially lying about intercourse, though.) Why do you think the prosecutors would (in your opinion) torpedo the accuser's chance at a settlement? By the way, why do you think the tape went to the tiny little Vail Daily, and not, say, the LA Times?
Dan Abrams also has a copy and played the tape on his show.
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In article <cikbt7$h13@rac1.wam.umd.edu> tjab@wam.umd.edu (tjab) wrote:
In article <8qSdnbQssM2AP9DcRVn-iA@comcast.com>, Chas <chasclementsSPOOF@comcast.net> wrote: Besides, who's to say who leaked it?
Are you this stupid in real life too? It takes an IQ higher than a single, and an education level higher than 1st grader digit to read some facts. 1. Defense filed motion to seal the evidence and won it. And somehow after that, the tape shows up, on a CDR media. 2. There were 2 versions of the transcript prepared for this tape, and the one leaked was the prosecution's version. 3. The tape was sent anonymously. 4. Nobody other than the defense and the prosecution had access to this tape. We can rule out defense since they were the ones filing motion to seal all evidence. No you do the math and tell us who did this. Assuming that you can count, which maybe another challenge for you.
All Kobe's supporters here seem to think its coming out only helped him, and hurt her chances of getting a settlement.
Because: 1. There were no incriminating statements on that tape. 2. There were no confessions on that tape, just like what the prosecution was trying to convince everyone. 3. The tape was leaked in the most pathetic way, making it easier for the defense to prove misconduct and to show that prosecution and accuser had no case, and this is prosecution's way of getting back at Kobe, trying to add more damage to his image. 4. Kobe insists that he is innocent on that tape, and that the whole thing was consensual, and that is consistent with his statement in his "apology" letter that he insisted that it was consensual. 5. Kobe was the one offering his shorts for testing, a guilty person wouldn't do that. 6. Kobe gives more details on what the skank did, in order to lure him into having sex, and how she started the whole thing. It helps you look better or avoid looking like the ignorant person that you are if you read the transcripts of that tape or listen to the wav files that were posted.
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In article <cikf68$kio@rac1.wam.umd.edu> tjab@wam.umd.edu (tjab) wrote:
In article <414DB745.2DA@nospam_cox.net>, Larry Coon <lmcoon@nospam_cox.net> wrote: What, and make it obvious that they did it? You may be thinking, but you're not thinking very hard.
So you're saying that defense leaked prosecution's version of it to make them look bad? You're one crazy ass #@&@ . I am sure that next you will accuse defense of misconduct or tampering with evidence. ROFLMAO.
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On 19 Sep 2004 13:44:12 -0400, In article <cikghc$m9b@rac1.wam.umd.edu> tjab@wam.umd.edu (tjab) wrote:
In article <cikftu$8m0@dispatch.concentric.net>, Don Tiberone <DonTiberoneNOSPAM@SKP.net> wrote: I'm not sure what you mean by people "like" me,
You're not sure about lots of things, as usual.
but I for one wasn't convinced of anything of the sort.
Bull#@($. I posted your own words clearly showing that you expected either a straight confession or incriminating statements on that tape, and you first didn't get the point, and then snipped the post trying to hide your own words.
(I was pretty sure it would show him initially lying about intercourse, though.)
Everyone knew that fact, and it didn't need that tape to prove it.
Why do you think the prosecutors would (in your opinion) torpedo the accuser's chance at a settlement?
The wouldn't. They didn't think that far. Whoever did this, is interested in adding damage to Kobe's image, and obviously didn't think that far.
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Sports Fan <sports@fan.home> wrote in message news:<0olrk09adgc02pqm8qe4gvk01kmhi19jmu@4ax.com>...
In article <cikf68$kio@rac1.wam.umd.edu> tjab@wam.umd.edu (tjab) wrote: So you're saying that defense leaked prosecution's version of it to make them look bad? You're one crazy ass #@&@ . I am sure that next you will accuse defense of misconduct or tampering with evidence. ROFLMAO.
I wish you would take some time out and roll on the floor laughing.You could also try some meditation to calm your frazzled nerves. Maybe a movie would give you a breather too.
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In article <8bcd2598.0409191652.3f189837@posting.google.com> robbielynn10@yahoo.com (robbielynn) wrote:
Sports Fan <sports@fan.home> wrote in message news:<0olrk09adgc02pqm8qe4gvk01kmhi19jmu@4ax.com>... I wish you would take some time out and roll on the floor laughing.You could also try some meditation to calm your frazzled nerves. Maybe a movie would give you a breather too.
You seem to speak from experience. Was that prescribed to you, or to your husband? Probably in addition to prozac. But the problem with you, you seem to be using alcohol with anti depressants, which explains your psychopathic behavior.
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tjab wrote:
What, and make it obvious that they did it? You may be thinking, but you're not thinking very hard.
So they adopt the obvious tactic of releasing the other side's version? Doesn't that also make it obvious that they did it? (Oh, I see where you're coming from. ANY version that's released makes it obvious that they did it.)
So you agree that it's not likely to have been her or her attorneys. That would leave the prosecutors. But what's their motive, if the release of the tape is helpful to Bryant?
As someone else said, sour grapes? Just one person in the DA's office with access, a grudge, and a poor ethical compass.
Either one.
But one is germane to the discussion to which you jumped in, and the other isn't. And of course, you cut & pasted a quote from me that addresses the one that ISN'T germane.
By the way, why do you think the tape went to the tiny little Vail Daily, and not, say, the LA Times?
1) It gets out anyway. 2) It's their local outlet. 3) They probably know somebody there. Why, do you think the choice of outlet was significant? Larry Coon University of California The NBA Salary Cap FAQ: http://members.cox.net/lmcoon/salarycap.htm
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The case where the judge issued the gag order is finished, and thus, any order he had issued persuant to the then ongoing case is null and void. Do you attend the University of California or do you work there? The records of those closed cases must be sealed as per either a specific set of circumstances, as in the case of a juvenile court, or through a direct order. Divorce cases are similar to juvenile, most people would rather not have their personal lives open for strangers to read in an archived transcript. If you are a student, I suggest you study alittle more.
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Note to Chris: tjab doesn't understand either. tjab posted a quote from when I was talking about prior restraint (what you called censorship), when I was commenting on you calling something prior restraint that wasn't prior restraint. Larry Coon University of California
Note to Larry - If some kinds of freedom of the press don't count, please point it out to us in our Constitution. It doesn't matter what you were talking about when you made the post, the important thing is you contradict yourself. ;-) It's not accurate for you to side with a guaranteed freedom in one instance, and then belay it in another.
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Chris wrote:
The case where the judge issued the gag order is finished, and thus, any order he had issued persuant to the then ongoing case is null and void.
Like I said, you don't pay attention. There is still ongoing litigation.
Do you attend the University of California or do you work there? The records of those closed cases must be sealed as per either a specific set of circumstances, as in the case of a juvenile court, or through a direct order. Divorce cases are similar to juvenile, most people would rather not have their personal lives open for strangers to read in an archived transcript. If you are a student, I suggest you study alittle more.
Don't try to act smarter than me. You're going to fail miserably. Larry Coon University of California The NBA Salary Cap FAQ: http://members.cox.net/lmcoon/salarycap.htm
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Chris wrote:
Note to Larry - If some kinds of freedom of the press don't count, please point it out to us in our Constitution. It doesn't matter what you were talking about when you made the post, the important thing is you contradict yourself.
No, you aren't following the point. Prior restraint enjoins freedom of the press. What I was talking about was NOT prior restraint, and not an issue of freedom of the press. Let me repeat your statement:
If not, I suggest whoever has a copy of the interviews send them everywhere you can, to make sure they remain available for anyone who might wish to read them. Censorship is wrong.
There are two separate and distinct issues: 1) Whether those originally in posession of privileged information (the court, prosecution & defense) should be prohibited from distributing it, and 2) Whether the press, once they have obtained the information (assuming legally, and opening your own mail is certainly legal), should be enjoined from publishing the information. You were talking about the "gag order" (restraint labeled 1 above), with a comment about freedom of the press (restraint labeled 2 above). It's not an issue of freedom of the press. Once they get it, they -are- protected by the first amendment. But it wasn't an issue of what happens once they get it (as your "make sure they remain available" comment above indicates), it's an issue of what happens before that.
It's not accurate for you to side with a guaranteed freedom in one instance, and then belay it in another.
Nothing of the sort. You are confusing two separate and distinct issues. Larry Coon University of California The NBA Salary Cap FAQ: http://members.cox.net/lmcoon/salarycap.htm
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Chris wrote: Like I said, you don't pay attention. There is still ongoing litigation.
So the DA in charge of that particular case has re-filed the charges? If not, that case is NOT ongoing. A judge in a now-dismissed criminal trial has absolutely no control over civil litigation. Seriously, are you a student, or an employee of the University of California? Since you put that at the end of you post, you surely must have wanted us to pay attention, right?
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"Chris" <RRUFIANGE@cfl.rr.com> wrote in message news:<Ju44d.9752$Si.4388@tornado.tampabay.rr.com>...
So the DA in charge of that particular case has re-filed the charges? If not, that case is NOT ongoing.
Please learn the difference between ongoing litigation and ongoing case.
A judge in a now-dismissed criminal trial has absolutely no control over civil litigation.
First, are you absolutely certain about this? Second, how this is relevant to your argument?
Seriously, are you a student, or an employee of the University of California? Since you put that at the end of you post, you surely must have wanted us to pay attention, right?
If I were you, I would have made a thorough google search on past posts by Larry before asking these questions. On second thought, I would never ask questions like these.
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Huang Gang wrote:
If I were you, I would have made a thorough google search on past posts by Larry before asking these questions. On second thought, I would never ask questions like these.
:-) The funniest part is, I think he's taking himself seriously. Larry Coon University of California The NBA Salary Cap FAQ: http://members.cox.net/lmcoon/salarycap.htm
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The judge's order was directly based upon the trial as it pertains to his courtroom. Litigation holds no basis in fact. The order was issued in regards to the case which he was presiding over. Yes, I am absolutely certain that the judge's order does not affect the civil proceedings, why, because his wording of the order made it very clear. It's relevance to my statement would be apparent to you if you had read it. I don't bother to do google searches on people who post here, as if I did it would waste a considerable amount of time and effort. If you're going to post something like University of California along with your name, you should give your position within said organization. It's only prudent.
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Huang Gang wrote: :-) The funniest part is, I think he's taking himself seriously. Larry Coon University of California
That still doesn't answer my questions, Coon.
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"Chris" <RRUFIANGE@cfl.rr.com> wrote in message news:<Fez4d.49121$uN5.10079@tornado.tampabay.rr.com>...
The judge's order was directly based upon the trial as it pertains to his courtroom. Litigation holds no basis in fact. The order was issued in regards to the case which he was presiding over. Yes, I am absolutely certain that the judge's order does not affect the civil proceedings, why, because his wording of the order made it very clear. It's relevance to my statement would be apparent to you if you had read it.
"I thought the "gag order" that the leak would be in violation of was during the trial? If that's the case, then the trial is over, and the leak is perfectly legal. If not, I suggest whoever has a copy of the interviews send them everywhere you can, to make sure they remain available for anyone who might wish to read them." That is what you wrote. Correct? Here is how you are make your mistakes. First, the judge's order was directed on the case and the evidences in relation to the case. Although the proceeding is over, the evidence is still part of this case and the judge's order is still in effect regarding the evidence. Therefore, any evidence in relation with the criminal case that was under seal is still sealed. Violation of this order, i.e. release sealed evidence to the press, gets you in jail for contempt of the court. With me so far? Second, a temporary restraining order was made to have the evidence and documents temporarily sealed until September 18th 2004 by District Judge Richard Hart. Until that order was overturned by a higher authority or retracted/amended/rescinded by the judge who issued it, the order stands and the documents and evidence remain under sealed. Violation of this order, i.e. sending out the sealed evidence to the press, gets you in jail for contempt of the court. Thats what Mackey is accusing Dana Easter. Do you understand that? If not, we can explain further. Now, I am believe you meant that the criminal case's Judge Terry Ruckriegle's gag order on August 4th 2004, the one that barred all extrajudicial comments, has no effect on the current civil case. If I am mistaken, please tell me so. So you have made the mistake of misunderstand what the news was about and the mistake of misunderstand which order said what. Either one showed that you probably should do a little more research and read a bit more carefully before make comments and make wild suggestions.
I don't bother to do google searches on people who post here, as if I did it would waste a considerable amount of time and effort. If you're going to post something like University of California along with your name, you should give your position within said organization. It's only prudent.
Actually, you can learn a good deal by doing google searches on people who post in ASBNLL. For one thing, you wouldn't embrassed yourself by asking stupid question like this. It only made you look like an ass. For another, you would learn to make arguments base on facts and logics, not uneducated guesses and rumours. Huang Gang University of California
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