An appellate attorney has been engaged for Edgar Steele.

[Bigjon]

Mr. Steele’s appeal? An update, 2/25/2012 (http://www.free-edgar-steele.com/740/mr-steeles-appeal-an-update-2252012/)
2012 February 25
by admin


(The following info was submitted for posting here, to update supporters and observers.)

The transcripts of all prior hearings were ordered and have been filed with the trial court. Other deadlines are approaching (see below).

An appellate attorney has been engaged for Edgar. An appeal will be filed within the time period provided. The appellate dates are as follows:

Wed., April 4, 2012, Appellant’s opening brief and excerpts of record are due.

Fri., May 4, 2012, Appellee’s (Govt’s) answering brief and excerpts of record are due.

An optional reply brief would be due within 14 days after appellee’s brief is served. For good cause, the above dates are subject to modification.

Little Scholar permalink
March 15, 2012

1. A different strategy: go after FBI Agent Sotka and Judge Winmill. Sue them both. ALL of the evidence against them is in the court records.

Instead of an appeal, first enter a lawsuit against FBI Agent Sotka, who destroyed the original recordings and thereby obstructed justice.

Having won this point if possible, then go back and get the conviction overturned by declaring a MISTRIAL.

The recordings introduced as evidence by FBI Agent Sotka weren’t the originals, they were copies. Originals are required at trial, not copies. Can’t a MISTRIAL be declared on this basis alone? Since the entire premise of the prosecution was based on the audio recordings (as corroboration of what Larry Fairfax claimed), that means the central point in the prosecution’s case was, in effect, unsubstantiated. Go for a MISTRIAL, not an appeal! Am I wrong here?

2. Was George Papcun’s testimony intentionally made impossible because he was the Ace-In-The-Hole for Edgar Steele (see below)? A trip to Tahiti within two days … planned and paid for far in advance? A coincidence? Chief U.S. District Judge B. Lynn Winmill wouldn’t accommodate the availability of the witness for a man accused of a serious felony? A violation of the 6th Amendment of the Bill of Rights? A $120,000 chartered jet was required to fly the witness in from his vacation?? The jet company backed out at the last minute … a coincidence? A harrowing experience for Steele, driving up his cortisol to destructive levels? Physical torture through psychological means.

The judge’s refusal to accommodate that vacation constitutes SILENCING OF A WITNESS by the Court. It doesn’t help to be able to subpoena a witness if the witness has a major conflict and the judge won’t budge. Isn’t that ‘witness tampering?’ The 6th Amendment doesn’t just give you the right to subpoena witnesses or documents, it gives you the right to have them there in court in order to provide evidence on your behalf! MISTRIAL!

3 Steele’s silenced witness George Papcun wasn’t just a highly-credentialed audio expert witness who was prepared to testify that the recordings were tampered with throughout. GEORGE PAPCUN IS THE **CREATOR** OF COMPUTERIZED DIGITAL VOICE MORPHING TECHNOLOGY (in a Los Alamos laboratory in 1999). He defended himself against claims that he faked the 9/11/2001 cell phone calls from doomed airplanes:

George Papcun, creator of voice morphing technology
voicemorphing – 911 guide
http://sites.google.com/site/911guide/voicemorphing

QUOTE: I originally developed the technology of voice morphing, the technology by which it is possible to make someone seem to say something they did not say (see http://www.washingtonpost.com/wp-srv/national/dotmil/arkin020199.htm) and coined the phrase. Therefore, I know what would have been required to create such bogus calls. Practical considerations preclude making counterfeit telephone calls in this situation. END QUOTE

He evidently did not explain his findings very well to Steele, because Steele (about 66 now in 2012, with a brilliant and capable mind) referred to copious ‘dubbing, splicing and editing’ of the recordings. That language belongs to the bygone era of magnetic tape recordings. When Larry Fairfax the handyman was wired and the FBI or whoever was listening in and making a recording, it is 99.99% certain that the ‘original’ recording they made from the wired-in signal was digital, not analog (on tape) … digital audio being the form of recording of which Papcun is the undisputed worldwide master.

It was perfectly safe for Papcun and his colleague to reveal all manner of irregularities in the recording(s), because that information would never be entered at trial and therefore it wouldn’t matter. It would be even more agonizing for Steele to know that he had been ‘so close, and yet so far.’ That is psychological torture.

4. When the original wired sound (not yet recorded) was uploaded into a computer file, it’s extremely likely that the sound went straight into an audio program such as the FREE audio software Audacity. That original digital track could then be fed through one of the two currently most popular voice morphing programs like AV Voice Changer Software Diamond 7.0, which contains the capability of Voice Parody.

When set to 100% of a Target Voice, you (the Source Voice) can speak IN THE VOICE of that Target as though you are that person. This technology was first made viable in 1999 by George Papcun himself.

It is possible to hear ‘artefacts’ in the doctored-up version (little clicks or extraneous sounds and voices, lowered volume that attempts to disguise anomalies, etc.). Even when the Target Voice’s intonation and style are ‘cloned,’ a keen ear habituated to the real person can detect the subtle differences in sound resonance, vocabulary and inflection.

5. Go to the following url for a tutorial on creating ‘Parody Voices’ using AV Voice Changer Software.

Click on Step 3 and you will find this obscure sentence:
‘- You can totally mimic someone’s voice by moving the cursor to the edge of the table like in Fig 4.’ [i.e., set the Parody Voice to be 100% similar to the Target Voice]

http://support.audio4fun.com/av-voice-changer-software/diamond-edition/1-tutorial/59-how-to-create-parody-voices-with-voice-changer-software-diamond

6. An Audacity .aup file can instantly be converted within Audacity into an .mp3 file (the most common format for listening). Then it’s a snap to drag the file onto iTunes or your Windows Media Player and ‘burn it’ (copy it) onto a CD or DVD.

7. It seems that the authorities were counting on Edgar Steele’s unfamiliarity with all this rather user-friendly technology, which has been around for OVER 13 YEARS NOW, especially at his age and since fooling around with music and games is not how lawyers (even brilliant ones) generally amuse themselves.

6. Wasn’t Edgar Steele denied several rights that he is guaranteed under the Bill of Rights? Pick these apart:

Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the places to be searched, and the persons or things to be seized.
…..[Was this done properly?]

Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, … nor shall any person be … deprived of life, liberty, or property, without due process of law; …
…..[If the judicial process was not ‘duly’ carried out according to the law, can it be called ‘due process of law?’]

Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, … to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.
…..[Two states were involved according to the charges. Maybe the other state would have had a fairer judicial system. Did Larry Fairfax confront Edgar Steele in court? The right to subpoena favorable witnesses was exercised but was blocked by the judge. Since all the money was bled from Steele’s supporters this time around, he will have nothing left on the next round. The draining of financial resources in order to crush a victim or opponent has nothing to do with justice and everything to do with winning through collapse triggered by the timely pulling of judicial strings. Financial crushing amounts to robbery in order to weaken the accused. It should be a crime for a judge to do that.]

8. After this case is overturned, Judge Winmill should be disbarred for his unethical, unconstitutional and criminal behaviors, and for acting out of spite and retaliation against a citizen’s exercise of free speech.

9. When Edgar Steele gets out of jail, he should sue the State for a huge sum of money for his emotional and psychological distress, for unconstitutional legal procedures, for wrongful imprisonment, for the inducement and exacerbation of medical conditions, for lost income, and for loss of consort.

[Bigjon]

Little Scholar permalink
March 15, 2012

In point 3 above, I notice the title of the webpage at [http://sites.google.com/site/911guide/voicemorphing]:

‘George Papcun, Creator of Voice Morphing Technology, Speaks Against Conspiracy Theories’

Although there the conspiracy theories have to do with cell phone calls from airplanes in the 9-11-2001 attacks, Papcun hammers home again and again his reactions being accused of being a part of a ‘massive conspiracy

QUOTE:
1. Purveyors of conspiracy theories have claimed that the events of 9/11 were the result of a massive government plot and cover-up.

2. They claim that the government (or the CIA or someone other than Osama bin Laden and the hijackers) was behind 9/11.

3. Accordingly, the conspiracy theory purveyors have needed to claim that someone (namely, me) created the voices of the passengers in those phone calls. That allegation is plainly outrageous and demeaning to the memories of those courageous passengers.

4. Whether such wild-eyed theories are worth being concerned about is problematic. However, in their own words, their conspiracy theory organization “has grown from a cult following to a grassroots organism that can no longer be contained” (op cit).

5. I have received email from a high school social studies teacher who told me that her students actually believe that I did everything the purveyors of conspiracy theories say I did. Why they would so mistrust their government and be so naïve with regard to technical issues are interesting questions, …

END QUOTE

Papcun is not at all neutral in his response, because he feels personally attacked. Instead of recognizing that a lot of people have been terribly traumatized by the magnitude of these events, do not have enough information to answer the inevitable questions in their minds, and are having trouble digesting what happened, he instead intersperses his text with negative attacks on them. They are suffering from Post Traumatic Stress Disorder and he is maligning them for their predictable difficulty in accepting either the events or the official explanations of them.

When people are under stress or shock, they operate in a skewed imbalance towards the right brain hemisphere. The reason for this is that the body and mind shift towards the fight-or-flight mode of more animal instincts/adrenaline and less higher order thinking. This causes a lack of context and proper interpretation of sensory input. Verbally attacking such a person drives him or her further towards the fight-or-flight mode of self-defense. On the other hand, maintaining a calm and caring demeanor while gently providing irrefutable evidence reduces the frightened person’s fear so that he or she can think (on a higher order) more clearly.

In my opinion, Papcun points out a few facts of life in our time world that clearly explain the impossibility that he could have created the cell phone calls of 9-11.

However, he distances himself from his accusers by using such words as purveyors of conspiracy theories, massive government plot and cover-up, purveyors have needed to claim, plainly outrageous, demeaning, do believers actually suppose, everyone’s pillow talk, wild-eyed theories, so mistrust their government, so naïve with regard to technical issues.

Without this language, he would have a wonderful rebuttal that is easier to see for what it is: not just a logical explanation of his point, but a verbal framework that leads the mind to the inexorable truth. It was physically and logistically impossible for him to do fake all those 9-11 cell phone calls.

Most people who are naive about computers and things technical would have no concept of the physical and logistical moves required … through time … to make a voice-morphed parody that targets one specific individual, let alone a planeful of parodied voices. When in a hurry with daily life, under stress, people not only disjointedly put the wrong parts of things together but also totally miscalculate the required clock time to execute a series of actions (particularly if they are of an unknown quantity).

What can we expect when grammar is no longer respected, and from infancy humans are watching totally concocted cartoon buffoons that look, act, and sound like nothing real on this earth? The sense of linear progression and of proportion are lacking as they relate to real life. Whose fault is that? Isn’t it the media and the educational system? Of those two, computer media are more to blame, because that’s where virtual reality splits from reality the most emphatically.

As for virtual reality, a voice-morphed audio recording that perfectly mimics a known human being except for verbal content will be unremarkable to some people while triggering in others a primeval need to separate the unreal from the real. The same goes for the 9-11 ‘media event’ and other ‘things going on out there’ where people struggle to separate fact from fiction.

My point here is that based on George Papcun’s previous history with ‘wild-eyed conspiracy theorists’ ignorantly accusing him of doing something that was patently impossible for him to do, he may have had no interest whatsoever in helping to defend someone like Edgar Steele, whom he could have come to view as just another ‘wild-eyed conspiracy theorist.’ If true, this could have had more to do with what he learned of Steele’s writings than with the audio recording that he affirmed in writing was intentionally falsified. This is sheer speculation, of course.

Papcun was the perfect technology expert to prove that the purported recording of Larry Fairfax and Edgar Steele was faked … perhaps even morphed by his own technological creation.

However, one is tempted to wonder whether he were unsympathetic to Edgar Steele, unwilling to give the benefit of his expertise to such a verbally noncompliant member of society. Was he more disposed to help suppress Edgar Steele than to help liberate him from a felony conviction? Or was he dumbfounded when he heard the judge tell Steele that Papcun couldn’t present his evidence? It’s hard for a busy man to kill a day or two, let alone several, in order to be an expert witness.

If he had been a potential juror, Papcun would have been kicked out in the first round of questioning by an astute attorney. In the absence of facts, it is easy to resort to conjecture: could self-elimination have accounted for the absence of his testimony from what was apparently a kangaroo court?

The ludicrous tragi-comedy that unfolded as Steele desperately attempted to close the deal on getting George Papcun physically to court was worthy of Hollywood’s best scriptwriters, combining comic twists, ludicrous charter jet costs, and ultimate failure that must have torn Steele apart as cruelly as any torturing rack. Either you can’t make this stuff up, or you can.

Next time, how do you better verify the sympathies of the star witness?

Next time, how do you make sure the judge will allow you to defend yourself?

Kangaroo court: ‘a mock court in which the principles of law and justice are disregarded or perverted; one involving comic procedures and ludicrous penalties designed for the amusement of the participants and spectators.’* Amusing for all but one participant: Edgar Steele.
~~~
* Webster’s Third New International Dictionary Unabridged, 1985.

[Bigjon]

Filing for “Summary Reversal”: the continuing search for justice, 4/5/2012 (http://www.free-edgar-steele.com/749/filing-for-summary-reversal-452012/)
2012 April 7
by admin


Supporters are happy to announce this recent court filing, authored by Dennis Riordan, Mr. Steele’s appeal attorney. Mr. Riordan – with offices in San Francisco, CA – will provide counsel and strategy direction in continuing efforts to free Mr. Steele.

Former counsel Robert McAllister’s “sleep-walk” effort in defending Mr. Steele in the April 2011 Boise trial is universally credited to have handed the prosecution their triumph on a silver platter. The motion announced here endeavors to cite established law to compel an observably biased court to play fair.

At the center of this filing is this excerpt from the paperwork: ”The District Court erred in declining to consider Defendant’s ineffective assistance claim, and the matter should be remanded for a hearing on it“. Numerous citations of pertinent casework are presented. Included is reference to the critical denial to allow testimony by audio forensics expert Papcun.

The court paperwork linked below additionally brings to light the issue of how the government concealed Mr. McAllister’s own legal embroilment from Mr. Steele’s knowledge: ”As only became known after entry of the Steele judgment, on July 25, 2011— well before Steele’s new trial motion was decided in November, 2011 — the United States filed a 19-count Indictment in the district of Colorado against four individuals, including McAllister…“.

Please read and share with others!

[LINK TO COURT FILLING (.PDF)] (http://www.free-edgar-steele.com/wp-content/uploads/2012/04/summary_reversal.pdf)

[Book]

http://www.stormfront.org/forum/t806074-8/#post10324625

:o

[skidmark]

Interesting, I did not know anything about that.