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ON THE RECORD
WITH HIZZZZZZZZZZZ ODER
“I don’t think, as I understand the case, and as I understand these charges that have been filed against Killercop, that the mechanics, the technology, the capacity in a sophisticated way to use computers is really much of an issue in this case. I don’t think that’s what the trial is likely to focus on at all."
~JUDGE HOWARD MATZ, PRETRIAL OF KILLERCOP
THEN WHY DID HE SECRETLY DESIGNATE THE TRIAL AS COMPLEX???? AND GIVE ME AN ENHANCED, ILLEGAL SENTENCE FOR SOPHISTICATION!!
ON THE RECORD WITH HIZZZZZZZZZZZODER X2
"And even if Killercop had not been representing himself and hadn't through his rather impressive questioning displayed indeed at times, I think enjoyed displaying to the point of showing off, that technological brilliance, I probably would have been able to make that finding. But in his questioning, particularly of the numerous witnesses who authenticated the creation of various web sites as part of
the spider webbing pattern, the FBI agents, there was more than one who were on the trail and trying to figure out how to locate him and how to stop the criminal conduct that led to the indictment. The means that he used to carry out the scheme reflected remarkable sophistication, not just slight or incremental or marginal."
Section 3B1.3 provides for a two-level sentence enhancement "if the defendant abused a position of public or private trust, or used a special skill, in a manner that significantly facilitated the commission or concealment of the offense." The application note defines a "special skill" as "a skill not possessed by members of the general public and usually requiring substantial education, training or licensing. Examples would include pilots, lawyers, doctors, accountants, chemists, and demolition experts." § 3B1.3, cmt. n. 3.
("[T]he purpose of the [§ 3B1.3 enhancement] is to add to the punishment of those who turn legitimate special skills to the perpetration of evil deeds." (emphasis added)); United States v. Green, 962 F.2d 938, 944 (9th Cir.1992) ("[T]he `special skill' enhancement provision of section 3B1.3 applies only if the defendant employed a `special skill' in the form of a pre-existing, legitimate skill not possessed by the general public to facilitate the commission or concealment of a crime." (internal quotation omitted) (emphasis added)). When read in conjunction with the abuse of a "position of public or private trust" provision, it is clear that a § 3B1.3 "special skill" involves legitimate, socially valuable expertise that a criminal has perverted to uncivilized and illegal ends.
“Computers are like Old Testament gods; lots of rules and no mercy.”
SAY WHAT?
10.21.2003
Judge: “Now, I don’t think it is inappropriate for the record to note that I’ve previously authorized experts, or at least one expert, I didn’t go back and check the file but at least one expert, and I think could have been more then one somebody with specific skill and advanced skill in computer technology as well as to be appointed to represent or assist prior counsel. Have you seen any expert reports?”
Reed: “No. Not at all, Your Honor.”
Judge: “Has anybody discussed with you any of killercop’s prior lawyers, any expert reports that may have been generated?”
Reed: “No, Your Honor.”
Judge Matz: Fuck it, let's try him anyhow...
ABOUT THOSE SO-CALLED PRIOR LAWYERS
SAY WHAT?
09.23.2002
Judge A. Howard Matz: “Ms. Bednarski, are you telling me in plain language that the communications between your office or any member of your office [of the Federal Public Defenders, Central District of California] on the one hand and Killercop on the other hand have been so impaired that the ability to maintain mutual trust and respect and confidence in each other’s respective obligations and positions has been shattered?"
Federal Public Defender: "Yes."
“Yes.”
"Yes."
"Yes."
"Yes."
Frivolust!
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HOWARD IS THE EXPERT ON COMPUTER CRIMES?
OR IS IT JUST HIS GOOD BUDDY ALEX KOZINSKI?
A judge is not the court.
A judge is a judicial officer, paid by the State to act impartially and lawfully.
A judge is also an officer of the court, as well as are all attorneys. Whenever any officer of the court commits fraud during a proceeding in the court, he/she is engaged in "fraud upon the court".
Almost one year after designating the case as "complex" under the law.
Transcript of 12.04.2002 Case CR-02-350(A)-AHM
Page 18, Lines 13-25
Judge Matz: “I don’t think, as I understand the case, and as I understand these charges that have been filed against KILLERCOP that the mechanics, the technology, the capacity in a sophisticated way to use computers is really much of an issue in this case. I don’t think that’s what the trial is likely to focus on at all.
So I think you could have somebody who has never see a computer but is a fine lawyer and a dedicated and hard working one do a Perfectly competent, maybe absolutely bank-up job for Killercop. That’s my view.”
WELL THAT'S JUST DANDY!! SO LONG AS DUE PROCESS ENTITLES KILLERCOP TO YOUR "VIEW," AS A LEGAL DEFENSE, IN A COMPLEX COMPUTER CASE!!
LETS ASK SOME OF HIS FRIENDS IF THEY FEEL, IN THEIR VIEW, IF THEY WOULD ACCEPT THAT, AS DUE PROCESS, WHEN THE GOVERNMENT GETS UNLIMITED EXPERTS AND YOU GET NONE?
WOULD YOU?
Prof. John C. Coffee, Ronald J. Nessim, Howard Matz , Robert S. Fink and Michael J. Madigan
BY THE WAY, HOWARD, I NEVER DID FIND THAT DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT, IN HERE. BUT I DID FIND YOUR LAW BOOK LAYING AROUND THE INTERNET. YOU KNOW, THE ONE YOU PROMPTLY AND PROBABLY IGNORE. OKAY, SCRATCH THE WORD PROBABLY.
ARE YA'LL STACKING THE DECK, OR YA JUST DON'T PLAIN CARE WHO KNOWS ANYMORE?
WHO REMOVED IT? AND WHEN? WHY? DO YOU NOT NEED IT ANYMORE, LIKE SOMEONE'S PRESENCE?
GOSH, EVEN A FIRST YEAR LAW STUDENT OF HARVARD KNOWS YOU WOULD BE STUPID TO COVERUP A CRIME. UNLESS YOU ARE ABOVE THE LAW LIKE YOUR BUDDY, THE ALL POWERFUL WIZARD OF KOZ. AND THE BANKERS OF THIS COUNTRY WHO OWN THE CONGRESS AND WHITE HOUSE NOW.
AND THAT IS A FACT.
SO IS THIS!
MICHAEL MOORE FOR PRESIDENT!! IT'S PRUDENT!
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