
(Recess taken at 8:14 a.m. to 8:33 a.m.) (Jury in. ) THE COURT: The jury is in the box. Each person is in his or her respective seat. The witness is on the stand. F.B.I. AGENT JEFFREY CUGNO, GOVERNMENT'S WITNESS, PREVIOUSLY SWORN:
CROSS-EXAMINATION BY KILLERCOP:
Did you learn on 12-28 that Killercop was in Mass
based on the statement from Mrs. Greenwood that an e-mail --
THE COURT: Not what it was based on.
Did you learn it or not?
THE WITNESS: I did.
BY KILLERCOP:
Q And you learned it based on her statement to you that she
had learned that from an e-mail sent last week; correct?
A That's what I wrote.
Q That's what you wrote. Okay.
And you wrote it down in this report; correct?
A I believe I did.
Q Did she indicate an e-mail that she was talking about?
A She might have. I don't believe I made a note in my notes there.
Q Correct me if I'm wrong, you are looking for me? You are
looking for the defendant -- correct? -- at this point in time?
A Yes, I am.
Q And she's telling you that "He's in Massachusetts,
correct?
A That's where she believed you were.
Q Based on this e-mail from last week, the previous week?
A That's what she had noted.
Q Now, I'd like to direct your attention to page 1.
THE COURT: No. Just ask him the fact or a question
about --
BY KILLERCOP:
Q Did Mrs. Greenwood tell you that an employee from the
Denver office had sent a threatening e-mail to Killercop?
A Yes, I believe that's what she said.
Q Can you tell me why your notes say, "An employee from the
Denver office has sent a threatening e-mail to"... and then stops?
MS. DUARTE: Objection. It's irrelevant.
THE COURT: Sustained.
Q Did you white out that -- did you white it out in your
notes?
MS. DUARTE: Same objection, Your Honor.
THE COURT: Sustained.
Q When you wrote this report, did you note that fact in
here, that "An employee from the Denver office had sent a
threatening e-mail to Killercop?
A I believe I did.
MS. DUARTE: Objection. Irrelevant, Your Honor.
THE COURT: Sustained.
BY KILLERCOP:
Q When you wrote your summation of your report on
December 31st, did you include mention of any threats to
Killercop?
A I don't believe I did.
Q Now, you said you believed that you did write in this
report that "An employee from the Denver office had sent a
threatening e-mail to Killercop." Let's look at the report you typed up from
Mrs. Greenwood. I'm going to direct your attention to this
paragraph right here.
One second, Your Honor.
I'd like to direct your attention to this last
paragraph -- the second to the last paragraph here. Do you see
that paragraph where it starts at "however?
A Yes, I do see that.
Q Did you write that?
A I did.
Q Does that reflect exactly what you just testified to and
what's in your records here?
A I said I believed I had put that, but apparently I did not include that.
Q Isn't it a fact that you put, "Killercop threatened an
employee in Denver?
A It looks like I wrote --
Q Did you type in here that "Global Crossing was able to
locate killercop through an e-mail he sent -- 'he' being
killercop -- "to an upset Global Crossing employee in the
Denver office?
A That's what I wrote.
Q Well, correct me if I'm wrong, but your report that -- your handwritten note says, "An employee from the Denver officc
sent a threatening e-mail to," and then it kind of stops there.
It's missing.
But that's what you are talking about -- right? -- "An employee from the Denver office sent a threatening e-mail?
But the way you wrote it up here says, "Global Crossing was
able to locate killercop through an e-mail 'he sent to an upset
Global Crossing employee in the Denver office.'
That's not exactly what's true, in your notes, is it?
A No. It appears I made a mistake.
Q That's a big mistake, isn't it?
A I made a mistake.

So the answer to the original question of, "when you wrote this report, did you note that fact in
here, that "An employee from the Denver office had sent a
threatening e-mail to Killercop?" would be a no.
How nice to selectively ignore the words you choose to inforce. (.pdf)
Twice. "Well, Mr. Big Brother F.B.I. man, let's try something different; take my pound of flesh and sleep well."

Page 1184, Lines 1-15
Killercop: Jeff, aren't you taught to follow leads?

MS. DUARTE: Objection. Irrelevant.

THE COURT: Killercop, the [non] investigations culminated in circumstances that led us to this trial. Please focus on those circumstances.
We are not here, ladies and gentlemen of the jury, because there is some claim that the FBI committed malpractice or negligence and it's important to understand whether they adhered to a reasonable standard of care. That is not what this case is about. And whether somebody thinks that the investigation could have been conducted differently or should have been conducted differently or had somebody else been in charge, would have been conducted differently, is totally irrelevant.
Page 1197, Lines 2-6
Judge: “It is irrelevant. Ladies and gentlemen - - I won’t say it again. It’s irrelevant. Move on, Killercop. No sidebars, period. Zero, none. Move on.
Page 1211, Lines 8-25 and Page 1212, Lines 1-14
Judge: “There is no basis whatsoever for you to engage in inquires that are part of what you think is evidence that would support a claim of selective prosecution.” Id.
1211 at lines 8-10
No? How about a stupid one then?
Definietly a mistake.