zh0r4
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- Dec 9, 2020
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Thank you for this summary (although understandably painful).It was a long and winding slog but I listened.
Sounded like MS had a rough week.
JMHO, the first tell is that MS starts this episode asserting that the episode is not about the case but about the podcasters who podcast around the case. Hmmm.
(Journalism Rule #1. Reporters should not become the story.)
MS then ends the podcast asserting that this is all about the case which is now in some type of jeopardy of having the defense team removed.
(Okay, so it is about the case after all?)
During the podcast, MS laid out a social media caper timeline:
crime-scene-photo leak - quickly spreads to podcasters and social media - MS responsible podcast holds back - a mole reaches out - text screens are shot - leaker is ID'd - "research" on FB is performed - LE is informed - Defense is informed - and in the end - the leaker's suicide ...
all related to the Delhi case.
MS eventually turned in (to the Indiana State Police), the crime scene photos in their possession, along with their research info as to source of leak.
Then, MS called the Defense to notify them as well "to be fair".
Essentially, MS inserts itself into this case. (I'm not judging. Just saying. It was voluntary.)
Does this make MS a witness in this case?
(IMO seems a bit odd, that MS would take it upon themselves to call the Defense. LE or P would have to tell D. Weird they felt that was necessary. One of these podcasters has a law practice so ... law-bro code?)
It felt to me that the leak and ... the leaker's suicide ... were the real stories here.
It felt to me like MS decided THEY wanted to tell the story b/4 someone else did.
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Let's assume the MS timeline and leak story - are accurately portrayed.
IMO, I think we'd need to take a beat and think about how leaked facts - that the Defense already has possession of - hurts the Defense, hurts RA, hurts the Prosecution, hurts LE, hurts the victims/family, hurts the Press?
Harm to LE Investigation
I can see how it hurts the ongoing LE investigation (which LE - last we knew - insists is ongoing?)
MS "reports" how grateful LE was and how seriously they took the leak.
I would think LE would be devastated.
Harm to Defense - Disciplinary?
MS doesn't say how their "we have the leaked crime scene photos and notified ISP" conversation went with the Defense.
If the leak came from defense side (MS has not explained this, only loosely implied a connection)
- that's against rules. It's also against gag order. Warning or Contempt of Court? BUT BUT BUT ...
(as MS describes) we now have the leaker's psychological state in play and under question. Is the leaker's judgement the defense's fault here? MS doesn't say how the "we have the leaked crime scene photos" chat went with the Defense.
IMO, MS speculating the viability of the defense team or the defense's case due to the leak - seems a bit over the top. Removing RA's defense team, if they are vigorously repping RA... slows the case ... and ... gives RA reason to question the fairness of trial when they pull the rug out from under him for something that's not his fault.
Harm to Facts/Both Prosecution and Defense
As to the damage of facts (crime scene photos) being released to public (inappropriately) - they'd be presented at trial. They'd be kept private/jury/experts/court only. What's the damage if the facts are widely seen? (I think nothing but public opinion pre-trial would be affected - and that is already a national problem and that problem already exists in spades.)
Harm to RA.
Venue? Can he still have a fair trial? (I think yes.) Maybe now he's assured of a trial open to the public? Which is what he asked for.
Harm to Victim/Family:
They might have a case. I don't know; I haven't researched it. Perhaps against anyone that monetized them. The leaker? Against those (podcasters etc) that monetize their social media? Against any advertisers. (On this - high-five to the ethical Murder Sheet!)
Harm to the 4th Estate:
As to damage to the Press. None.
All things considered ... Is MS expecting their involvement to make it into the court record? Is MS a new witness? Are they getting ahead of the court news cycle?
And I do agree w/ MS; the leak was massively disrespectful to the process, family, and victims.
(Forgive me but ... listening to 29 minutes of chiding for 4 minutes of news ... that was painful.)
The timing of these alleged leaks, the release of the D memo and subsequent legal filings is quite odd. I also find it unprofessional to publicly insinuate anyone specific (D, LE, P), was responsible for said leaks. JMO.
Were the texts/etc. sent to anyone in digital forensics before coming to any of these conclusions? What info did the EXIF data provide, if any? Is it possible digital files were compromised via an outside entity, and no one in P, D, LE, leaked anything? Where is proof that this alleged R who leaked the CS photos actually exists and committed suicide? How did MS verify R was a real person? How did MS verify R committed suicide? If real, what was R’s background and connection to the case other than allegedly “connected to the D”? What was R’s alleged connection to the D? How were the photos deemed to be legitimate CS photos?
If the story is true, why leak the photos now but at no time in the last 6 years? Did MS receive the CS photos a while back but only now mention it?
I have so many questions.
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