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Judge
Bennett did not order that Moore and Martin's computers be
forensically analyzed
Herald-Trib's crack reporting written under the influence of
crack?
-- John Patten, 06/12/08
--
jpatten@veniceflorida.com
Got a comment?
Make
it here.
From: John Patten
To: Venice City Council
Subject: Judge Bennett DID NOT order the examination of Moore's and Martin's
computers
Date: Thursday - June 12, 2008 9:55 AM
CC: "Kim Hackett" <kim.hackett@heraldtribune.com>, <victor.hull@heraldtribune.com>,
<mike.connelly@heraldtribune.com>, <zac.anderson@heraldtribune.com>, <eric.ernst@heraldtribune.com>,
<tom.lyons@heraldtribune.com>
The city needs to address this with their own press release. I realize that
you do not have a press person with knowledge of the law or a lawyer that is
good at dealing with the press, but that is your problem, not mine. You
folks need to aggressively mount your own PR campaign, I am sick of playing
Whack-A-Hackett on your behalf. How much am I getting paid for this?
Contrary to
a
report in today's Herald-Tribune, Judge Bennet did not order
that Mayor Ed Martin and Councilman John Moore turn over their computers for
forensic analysis. He did order that the pair be questioned by attorney
Mogensen in the presence of a court reporter and that if Mogensen was
unhappy with their answers as to the preservation of documents, THEN the
city and Mogensen could agree to the computers being turned over without
having to go back to court. If that turned into a squawker, THEN the mess
could be brought back before the judge to decide if Moore's and Martin's
computers would be ordered to be treated like Simmonds and be seized and
forensically analyzed.
Bennett gave the strong impression that he would not be happy if that final
scenario before him in open court were to come to pass.
I have no idea how the Herald-Trib came to their fictional understanding of
Judge Bennett's ruling. I drank out of the same water fountain at the
courthouse, so I know the water there wasn't drugged.
..
-- John Patten
-- Venice Florida! dot com
-- www.venfl.com
-- (941) 484-0488
-----------------
From: Jon Preiksat, attorney
To: Venice Florida! dot com
Date: 06/12/08
Time: 11:37 AM
What everyone --- Mogensen, Anderson, [Judge Bennett], etc.,
agreed to was:
Simmonds: -- has to turn over his P/C for forensic examination.
Moore and Martin: -- Each of them has to provide an affidavit that
mimics the questions
that Mogensen posed to Tacy, Simmonds, Ernie, Sue and Vicki, .re: "we never
deleted emails, [they were all] saved, .turned over, etc."
-- IF... Mogensen accepts the affidavits, that solves those particular
questions/issues for now;
-- BUT... if Moore and/or Martin do not provide affidavits and/or an
agreement
cannot be reached about their "testimony" via affidavit/sworn statement;
-- THEN... Mogensen has the right to "expedite" the
taking of Moore's and
Martin's depositions;
-- WHICH... may lead to Mogensen going back to court
or reaching an
agreement with Moore and/or Martin to turn over their personal computers for
forensic
exam a la Simmonds.
John Patten is the head of Web Operations for Creative Pages, and has worked in broadcasting for over 12 years. He
can also be incredibly rude at times.
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