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> Yeah even if they threw out anything associated with this supposedly bogus search warrant it really seems like there's plenty to convince a jury that he did i

> Yeah even if they threw out anything associated with this supposedly bogus search warrant it really seems like there's plenty to convince a jury that he did in fact defraud OfficeMax. There is a legal doctrine called something like "fruit of the poisoned tree" which means any evidence and any subsequent evidence is tainted, and gets thrown out in court. So yeah, there is the potential he could appeal his case, and have a retrial where anything obtained from the FBI raid is thrown out. That could be huge for his case, or not.... (who knows) The FBI swat team, while conducting their raid, supposedly extracted a confession under duress. There is a potential problem right there with Miranda rights, but also anything done under duress is potentially not admissible as evidence in criminal court. When you say plenty of evidence against him, you are saying they had enough evidence in isolation of any evidence improperly gathered from his home & wife. Perhaps, or perhaps not enough to convince a jury.

rtkwe 4y ago
Just the info from OfficeMax seems like enough in my opinion. He used 4 gmail addresses and reused some of them for his netflix and to get items delivered to his house. They could also find out where the gmail's were accessed from from google. All that combined would paint a pretty convincing picture to me, then it's just convincing the jury this rises to the level of fraud. But also if you look at his actual appeals they don't challenge the evidence from the raid at all that I see it's all about the data from the OfficeMax rewards program that was produced by a 3rd party company; arguing they're not originals, aren't admissible because they're hear-say, etc. Maybe he just noticed this but this is even pretty weak evidence given there's not actually a standard form for any of the documents he pulls up. As for the duress OP is a deeply involved narrator and there's no mention of this being before or after the Miranda warning.
- mchannon 4y ago
  Miranda warning? There was no Miranda warning. You see, the judge ruled that enough time had elapsed that the conversation was consensual. My wife said it was almost instant from when they pointed guns and sexually assaulted her in the front yard, the FBI agent said no more than 10 minutes, the judge said it was at least 15 minutes. So, consensual, while they're literally blocking any exit she has, won't let anyone in the house use the bathroom without them watching, she's still not wearing anything decent, and a squad is ransacking the house. This case stinks to high heaven. What beggars belief, for me, is how everyone finds it so easy to doubt what I say and so easy to accept as gospel what the government says.
  - primitivesuave 4y ago
    I am truly sorry for what you had to endure, it sounds completely uncalled for. After Bernie Madoff stole billions on Wall Street, the FBI came to his home and asked him "is there an innocent explanation for this?" before allowing him to get dressed and prepared for custody. If you were not showing any signs of resistance, there is no reason you or your wife should have been treated that way - if you have evidence of this, bring it up. I would also concede that you may have a point with the warrant spacing, signature discrepancies, etc - at the very least, there is indication of a "guilty until proven innocent" mindset against you. However, you should also consider there is substantial hard evidence against you, provided by reputable third parties (Google, eBay, etc) - getting all of it declared inadmissible would be an uphill battle unless you have a highly motivated legal team. Aside from obvious advice (don't do crime) I would say that the #1 most important thing to keep in mind if you are accused of a crime is to say nothing - no hello, no pleasantries, not even obvious answers - just "I would like a lawyer" and only speak when your lawyer is present. Innocent people have been convicted for not following this principle in dealing with the authorities.
    - mchannon 4y ago
      Thanks for the decency, though I ask you: What signs of resistance could a half-naked woman offer a squad of SWATted-out FBI agents with assault rifles pointed at her head? No one claimed, in the hearing to follow, that there was any sign of resistance. I suggest you read a little higher up in the threads ID 34241769 to see the nonsensical nature of the charges. It's a bit like: We have proof you exited the bank, drove your own personal car without obscuring the license plate, and have video of you entering your own driveway. And you had $2000 in cash that came from the bank. Therefore, you are guilty of bank robbery. The evidence is overwhelming, we got it from cell phone records, Google street view and the outside bank security camera, the bank ledger says $2000 was removed from that drawer, as well as fingerprints and DNA tests of the bills we're going to seize as evidence. If you object, you're just a bank robber trying to escape punishment. Why should I believe you, bank robber? You see the missing pieces here? Regarding your last paragraph, whoever first gave or followed that advice didn't consider being startled half-naked at gunpoint. Almost anyone who went through what my wife did would do the same as she did, except half would've wet themselves to boot. I know I would've. Ever had an M4 pointed at you? It appears a number of dirty fed sockpuppets are on this board. Their staunchest defender has made 0 submissions and 6 comments in the entire life of the account, 5 of them on this thread. Can you spot it?

rtkwe 4y ago

Just the info from OfficeMax seems like enough in my opinion. He used 4 gmail addresses and reused some of them for his netflix and to get items delivered to his house. They could also find out where the gmail's were accessed from from google. All that combined would paint a pretty convincing picture to me, then it's just convincing the jury this rises to the level of fraud. But also if you look at his actual appeals they don't challenge the evidence from the raid at all that I see it's all about the data from the OfficeMax rewards program that was produced by a 3rd party company; arguing they're not originals, aren't admissible because they're hear-say, etc. Maybe he just noticed this but this is even pretty weak evidence given there's not actually a standard form for any of the documents he pulls up. As for the duress OP is a deeply involved narrator and there's no mention of this being before or after the Miranda warning.

mchannon 4y ago
Miranda warning? There was no Miranda warning. You see, the judge ruled that enough time had elapsed that the conversation was consensual. My wife said it was almost instant from when they pointed guns and sexually assaulted her in the front yard, the FBI agent said no more than 10 minutes, the judge said it was at least 15 minutes. So, consensual, while they're literally blocking any exit she has, won't let anyone in the house use the bathroom without them watching, she's still not wearing anything decent, and a squad is ransacking the house. This case stinks to high heaven. What beggars belief, for me, is how everyone finds it so easy to doubt what I say and so easy to accept as gospel what the government says.
- primitivesuave 4y ago
  I am truly sorry for what you had to endure, it sounds completely uncalled for. After Bernie Madoff stole billions on Wall Street, the FBI came to his home and asked him "is there an innocent explanation for this?" before allowing him to get dressed and prepared for custody. If you were not showing any signs of resistance, there is no reason you or your wife should have been treated that way - if you have evidence of this, bring it up. I would also concede that you may have a point with the warrant spacing, signature discrepancies, etc - at the very least, there is indication of a "guilty until proven innocent" mindset against you. However, you should also consider there is substantial hard evidence against you, provided by reputable third parties (Google, eBay, etc) - getting all of it declared inadmissible would be an uphill battle unless you have a highly motivated legal team. Aside from obvious advice (don't do crime) I would say that the #1 most important thing to keep in mind if you are accused of a crime is to say nothing - no hello, no pleasantries, not even obvious answers - just "I would like a lawyer" and only speak when your lawyer is present. Innocent people have been convicted for not following this principle in dealing with the authorities.
  - mchannon 4y ago
    Thanks for the decency, though I ask you: What signs of resistance could a half-naked woman offer a squad of SWATted-out FBI agents with assault rifles pointed at her head? No one claimed, in the hearing to follow, that there was any sign of resistance. I suggest you read a little higher up in the threads ID 34241769 to see the nonsensical nature of the charges. It's a bit like: We have proof you exited the bank, drove your own personal car without obscuring the license plate, and have video of you entering your own driveway. And you had $2000 in cash that came from the bank. Therefore, you are guilty of bank robbery. The evidence is overwhelming, we got it from cell phone records, Google street view and the outside bank security camera, the bank ledger says $2000 was removed from that drawer, as well as fingerprints and DNA tests of the bills we're going to seize as evidence. If you object, you're just a bank robber trying to escape punishment. Why should I believe you, bank robber? You see the missing pieces here? Regarding your last paragraph, whoever first gave or followed that advice didn't consider being startled half-naked at gunpoint. Almost anyone who went through what my wife did would do the same as she did, except half would've wet themselves to boot. I know I would've. Ever had an M4 pointed at you? It appears a number of dirty fed sockpuppets are on this board. Their staunchest defender has made 0 submissions and 6 comments in the entire life of the account, 5 of them on this thread. Can you spot it?