Tag Archives: San Bernardino

Crown Proclamation Stuttering

In the US we see a new plan to fix infrastructure, which sounds nice, but the US does not have that $1.5T, they are relying on state and local government to raise the money. This sounds nice, but when we realise that the city of Detroit, San Bernardino, Stockton and a few more have filed for bankruptcy, we need to wonder what part of the US would get fixed, because the parts that require fixing might not get it done, the bulk of the American local governments have no budget left to get anything fixed. There is also the news in the Guardian (at https://www.theguardian.com/media/2018/feb/11/sweden-tried-to-drop-assange-extradition-in-2013-cps-emails-show), that ‘Sweden tried to drop Assange extradition in 2013, CPS emails show‘. This is odd, because the quote “The newly-released emails show that the Swedish authorities were eager to give up the case four years before they formally abandoned proceedings in 2017 and that the CPS dissuaded them from doing so” gives even more rise on certain matters. We are then treated to two interesting quotes. The first “The CPS lawyer wrote back to Ny in December 2013, insisting: “I do not consider costs are a relevant factor in this matter.” This was at a time when the Metropolitan police had revealed that its security operation to prevent Assange escaping from the embassy had already cost £3.8m“, as well as “The CPS lawyer also told Ny that year: “It is simply amazing how much work this case is generating. It sometimes seems like an industry. Please do not think this case is being dealt with as just another extradition”“. They are interesting because if we look at the costs of trials there is an extensive need that the CPS lawyer handling that case, might have retired, but letting his pension pay for these costs is not too excessive. You see, when you set £3.8m aside for the security operation on an alleged rapist, whilst you can’t get the CPS talking in a straight line, questions need to be asked, and they need to be asked from the people at the highest levels of the CPS. You see, when you look at that specific case against the CPS (at http://www.independent.co.uk/news/uk/home-news/cps-review-rape-sexual-assault-cases-trials-collapse-alison-saunders-a8180881.html), where we see “All current rape and serious sexual assault cases are to be urgently reviewed by the Crown Prosecution Service (CPS) after the collapse of a string of trials due to evidence disclosure failings“, so when we see the collapse of this amount of cases, whilst the CPS blew 4 million on one specific person in regards to a case not pertinent to the UK, there are a number of questions that rise and the media have been all over this for the longest time. So as I see “Police officers dealing with disclosure of evidence could be required to obtain ‘licence to practise’ under plan to address failings“, I realise that the CPS failing is actually a lot larger then we currently see and in all this, and as I see it, in this case, Alison Saunders has ‘inherited’ a mess that is just the tip of the iceberg. The fact that she has held the office since 2013 gives rise to an internal mess that lacks all transparency for the members within the CPS, because if that is not the case and the failings were known in advance than the CPS requires a witch hunt broom to clean it up, right and proper.

You see, this is getting larger and larger. With: “A Metropolitan Police officer involved in two collapsed rape cases has been removed from active investigations amid probes into failures to disclose key evidence” some fail to see that that it is not merely about evidence that was not shown to the defence, there is a concern that the evidence was wrongly collected or not completely collected. This now places the woman in all this in a larger focussed danger because if the police failed to get ALL the evidence, there is the risk that no conviction will ever be achieved. This is partially seen with: “Police had downloaded the contents of complainants’ phones but failed to pass on the information they contained to the prosecution or defence, claiming thousands of messages were irrelevant“, this also implies that the alleged criminals might rely on photo vaults that cannot be hacked and a wrong code could wipe it all. And as for the ‘irrelevant‘ part, how much time was used and how were messages categorised as ‘irrelevant’? The fact that these failings go back at least 7 years show that there is a lack of technical skills, which also means that evidence was never examined properly. If our actions are on our smartphone, the lack to comprehend the usage of that device to the larger extent means that the investigation was incomplete.

That part is shown with the quote “Lawyers say they are frequently told police do not have the time, training or resources to examine thousands of messages and photos on each smartphone – technology which did not exist when forces were given the responsibility of checking for evidence” which was given in a linked article also from the Independent. As we can show that the smartphone has been centre of the personal universe of millions for over 5 years, we can in equal measure state that the correct investigation of evidence that would have been in play has failed for 5+ years. That is far beyond serious, that now implies a systemic failure of the CPS, which is unfortunate for Alison Saunders as this has been on her plot of land for pretty much since she got the top position. Even as we can agree that “the authority said officers failing to comply with requirements were “often ignorant” of their disclosure responsibilities” clearly implies a failing since before she had the position; it equally shows that the CPS has a much larger systemic failure that also involves the Police force. In all this the implied links to the USA in regards to Julian Assange and the clear fact that a government that cannot overhaul its own roads has no business playing politics with the options of the CPS and using members from inside the CPS shows a third failing as well. That part is also shown in the earlier quote “Please do not think this case is being dealt with as just another extradition“, because that is the money quote. You see, that is exactly what it had to be, merely another extradition! The fact that it was not implies that this was some US based nepotism, which coming from the CPS should actually be regarded as utterly revolting, because the CPS has no business playing politics with issues that were not UK based (beyond the optional extradition). In addition, law experts in the UK and other countries have already given a clear view in the days following the entire WikiLeaks part. Form the clear view of Assange being Australian, he had basically not committed the crimes as the US played them to be; you see he is not a US citizen. Now I am no friend of Assange, I utterly oppose what he did, but in the end, the hypocrisy that the US showed by trying to hang an Australian, whilst they refuse to hang the people who were behind the 2008 crash and let them walk away with their billions of bonuses is just slightly too sanctimonious for my blood.

The fact that the CPS was willing to waste millions on nepotism and playing politics with the powers of the CPS is merely the icing of the systemic failing cake (yes it is minty flavoured). It will be essential to make larger changes and making them immediately is a lot more essential. Even as the changes are being made and we see that they are 5 years late. My only concern is that acting fast is equally dangerous. With technology it is not merely on the evidence collected, but on how it is stored. The larger danger is that digital stored evidence remains to be optionally under attack until presented in court and with court dates being pushed forward by up to a year that danger will only intensify with every iteration of technology the courts gets to be confronted with.

And in the end?

Considering the mess we see with ‘not to be shown to the defence‘ whilst that was the turning point in the movie ‘In the name of the father‘ a movie from 1993, based on the Guilford Four, the bombing in 1974 implies that the CPS 33 year later still haven’t learned anything (or more accurately, way too little). I would think that those events would have signaled a strong chance of how the matters were handled. It is clear that this is not the case and more dangerously that other players (the US) can use it to play politics, that part is even more damning as I personally see it.

Is that it?

Well, no, there is a defensive side in all this too. When we see: “Defence lawyers say they are routinely having to “fight to get” evidence police should have already reviewed, then putting in hours of unpaid work to examine it themselves at a late stage of criminal proceedings” implies strongly the lack of resources and technology. There will be a larger need to get smart about certain matters and that can be achieved to some degree, but in the end it will be about ample resources, that part has not been in question. The large bonus based pound amount will be about how to bring this about. That is the part that the R v Allan case brings forward. The Joint review (joint-review-disclosure-Allan) gives us two gems the first is seen in Item 27 of the chronology: “The officer in the case (OIC) decided to submit C’s phone for examination by the MPS digital forensic laboratory in order to recover deleted messages. The phone contained over 57,000 lines of message data. He conducted a search of the phone download in an effort to identify relevant material. He did not record the method he used to conduct this search“. This now shows exactly the technological failure and well as the failure of the resources. In this particular case the resources seems to be free of blame, yet the technology and the options used are not. The question is how the data became available. the second part is see in point 9 of the findings as we see “Prosecution Counsel and the prosecutor relied on the OIC mistakenly stating that the only messages retrieved were some limited Snapchat messages and that the other data in the phone download was personal data not impacting on the case. The prosecutor should have probed and challenged the OIC and should not have relied upon Prosecuting Counsel making the enquiries. Disclosure should have been considered earlier by the prosecution team“, here I would think that the clear mention of ‘57,000 lines of message data‘ might ring a bell in the brain of the prosecutor to look at the methodology and approach to that evidence. In addition, the mention of ‘limited Snapchat messages‘ also implies that here might be a larger social media interaction between certain parties. Was this ever looked at? The fact that only item 31 of the chronology part makes any mention of social media, gives rise to the joint report being incomplete. You see, people who are on Snapchat tend to be on Facebook as well, so was there no interaction between these parties at all? If that is the case we see the statement that we see in item 26 of the chronology “In January 2016, C alleged that she had been sexually assaulted and raped by D on a number of occasions. As part of the police investigation, C’s phone was handed to the police. In police interview, D said that their sexual relationship was consensual and that the allegations were untrue“, that statement would seem more accurate if there had been little of no Social Media interactions and become lessened with any positive social media interaction that the two parties had. The idea of 57,000 messages and no Facebook gives this my personal assessed reliability of almost 0%. So in this part even the joint review falls short. We can understand that the CPS/Police failed there, yet the fact that social media is merely one paragraph in the review also shows that the review might still be incomplete at present, which is an assumption from my side, so I attached the review of R v Allan so you can make up your mind in all this.




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Perception is an essential need for all of us. Yes, it is used in videogames where the power of perception allows us to see our foes approach earlier (Fallout series), or it allows the game to play with our minds as floors become ceilings and where statues follow your every move (Eternal Darkness: Sanity’s Requiem). Just two of many options, but this is not about gaming or about a videogame. You see perception allows us to perceive the events as they take place. From my perception it is clear that the events in Martin Place were never terrorism, it was merely a case of a mental health crises with a hostage situation and that person happened to be a Muslim.

The events in France were clearly terrorism, it is that clear view that we could all watch that diminished whatever terrorism claim existed over Sydney, and perception does that.

But what about San Bernardino?

You see, that is not a question, it is not THE question, but it is an essential question. The guardian (at http://www.theguardian.com/us-news/2015/dec/04/san-bernardino-shooting-tashfeen-malik-isis-connection). Here we see that the FBI is investigating this shooting as an act of terrorism.

To their support we should consider

  1. Suspects attempted to destroy ‘digital fingerprints’
  2. Tashfeen Malik allegedly made pledge of allegiance to Isis in a Facebook post on day of the attack
  3. FBI director James Comey said that there was “no indication that the killers are part of an organised larger group or form part of a cell. There is no indication that they are part of a network.

In the first three elements, it is important to realise that the first one gives view to premeditation.

These three need to be kept in mind, yet the main issue is not just those three, now I need to push a few quotes together, so you see the view that I also perceive to be.

Tashfeen Malik, 27, swore fealty to the terror group in a Facebook post on Wednesday, the same day she and her husband, Syed Rizwan Farook, committed the rampage” is part one, which we now connect to “David Chelsey, a lawyer for Farook and Malik’s family, said many details “do not add up”. “There are a lot of disconnects and there are a lot of unknowns and there are a lot of things that quite frankly don’t add up, or seem implausible,” he told CNN. “It doesn’t make sense. No one has ever seen Syed with any of the things – with some of the things found on the scene, they’ve never seen them with him. The pipe bombs, for example. No one had ever seen him use or have anything like that,” he said“.

Now we get the issue at hand. If we accept David Chelsey’s words as absolute truth, we are faced with at least two scenarios that are a lot harsher than you might consider at present.

  • In the first, is David Chelsey in absolute lawyer mode? So to say, if the families Farook and Malik require isolation from the events, this is the play to make, which means that his clients might not have told him the truth. They might not have been lying, but that is not the same. Yes, it is possible that they never saw a pipe bomb, but that does not mean that they have not been privy to eccentricities like buying goods in the middle of nowhere when you can buy the same items 15 minutes away from their home. The lawyer might just be doing his job, but in equal measure he is aiding in changing a view from realistic to an intentional attempt to misinform the federal authorities, or more precise his clients are. It is an additional view towards premeditation in the worst case, and an intentional act to colour the glasses of those trying to sway the public.

Why am I stating this?

Consider you are a parent and your child picks up a gun and kills fellow schoolies and teachers, how would you react? When we have a mental health case like Sydney that view is one we can all understand, but what if your child shouts allegiance to Abu Bakr al-Baghdadi, now it becomes a different game, now the parent does whatever he/she does not to lose their own sanity. Can you blame them?

So is the FBI confronted with a case where the family was unaware, in denial or hiding their involvement/ we can state that the lawyer is not helping any of it, but that is not his fault, the FBI’s job does not get to be any easier!

  • In the second, when we consider the acts from Malik, who was born in Pakistan and travelled on a Pakistani passport, and recently lived in Saudi Arabia. She apparently met Farook online. In addition, the participation of Syed Rizwan Farook now ups the ante in all this. In addition we read “Christian Nwadike, who worked with Farook for five years, told CBS that his co-worker had been different since he returned from Saudi Arabia. “I think he married a terrorist,” Nwadike said“, so here is the issue, how did Christian Nwadike know? I am not stating he is right or wrong, I am asking, what signs were there? You see, I am going somewhere with this. Was Syed Rizwan Farook groomed for terrorism during his engagement period? It seems he lived an isolated life, which goes a long way towards making him an easier mark, yet in that, from the little I know of Muslims, one woman alone could not have done this, which implies that he’s had additional conversations with a Muslim Cleric, one he met whilst in Saudi Arabia, possibly with contacts before and after he came back, which would have gone a long way towards move for extremism, which makes destroying the digital fingerprint essential and possibly that part, if successful is part of the problem because that method can be employed again and not just in the US.

So is that all?

You see, this opens the door to the issue the FBI has been puzzling over for the better part of a decade. Home grown terrorism was always a worry, but the extent shown in San Bernardino gives view that part of all this remained under the radar of the FBI, which is the perception issue they have. They knew they had it, as they were trying to find options on how to deal with this, but in all this the reality is that perception is the only initial weapon a person have to counter the imagination of an extreme fanatic, yet is that enough and what else could there be?

It is not something that is easily answered. You see as FBI director Comey said, there are elements of evidence that will not make sense, but is that because the picture is distorted or is that because elements are missing. That is part of the puzzle that both the FBI and Homeland security are facing at present. This now gets us to the next perception, is this in part Lone wolf terrorism? The act here might not be, but the ‘support’ system behind this, is that part lone wolf terrorism? You see, part of these answers are not here yet and perhaps it will take a while for this to surface, but when we consider the pipe bombs we are also left with other questions. If this was a one way trip, why did the police find the dozen pipe bombs? KSNV, News3LV reports (at http://www.news3lv.com/content/news/story/12-pipe-bombs-thousands-of-ammo-found/sf3rLM0bzEWOxM3pBXLpZA.cspx), “Authorities have revealed 12 pipe bombs and more than 3,000 rounds of ammunition were found inside the San Bernardino suspect’s believed residence“, did they expect to start shooting, get away, go home and load up for the next round? You see, in all this perception is key. Now consider the elements that are required to buy and make these pipe bombs. Are you telling me that this does not get noticed? Well, apparently not. I can go to www.bulkammo.com and get myself 500 Rounds of 7.62x54r for the FN FAL for a mere $241, or $240 for 1000 rounds of 9 mm, which means that they had left for well over $750 in ammo at home. In addition, if they kept a certain lifestyle (spending), were no flags raised by the shifting of purchased goods? If we consider the other elements in play, where did the money come from? Perhaps his job allowed him to prepare to this extent, yet in all this questions come to the surface, a rational mind would expect that this was decently certain to be a one way trip, so why leave bombs and ammo at home? The part made no sense, unless they were not alone, perhaps another party was going to be in attendance but they bailed out at the last moment and as such this act was more hastily executed. It is mere speculation on my side, but that speculation comes from my own perception of the events seen. They could be very wrong!

You see that view is in opposition from the very last quote in the News3LV report “They were equipped and could have committed another shooting but we intercepted that“, did you really? Consider that the San Bernardino Police Department is a mere 3.5 miles away, at normal speed that is 10 minutes, at full speed and sirens no more than 3.5 minutes. That is all the time they would have had because there is an option that patrols are on scene, so getting back home was never truly realistic, so why leave it all there?

Were they head cases to begin with or is the FBI missing a few clues? Clues that David Chelsey is helping to muddy. Not by his choice, because he is representing his clients the best way he can, so I am not having a go at him in any way, shape or form. In addition, the weird act of their landlord to give the press access to their home is actually giving us additional questions. The house in the way it looked, was that how they lived? Did they never have guests and as such was the wife intentionally isolating her groomed co-shooter from the very beginning.

If that is the case, than how does the response from the family as voiced by David Chelsey make sense?

You see perception is an essential element, what we perceive, what others should have perceived and what the authorities perceive from all the data that they are receiving this very moment. How does it all fit?

At present it does not seem to fit at all, apart from the timetable and the fact that they either took no time at all for the ‘first’ shooting being able to get past South Waterman Avenue which then lead to the 4 hour manhunt. Again, this is not to place blame (in this case on the San Bernardino Police Department), but to get us to the question,  that as the shooting had passed, how did the couple expect to get back home to pick up more bombs and ammunition? I asked it before and with the added information you too should consider the thought on how they could have gotten back to their homes to load up for more? It merely gives us the question mark and the idea that this was likely never meant to be a party of two. If we accept that speculation we will get to the final question, who else was involved (were more people involved) and what comes next?

What is your perception on this case?

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