If this case has taught us anything – its that the Rules of Evidence lag well behind digital technology and forensics creating a need for the current state and federal legislation to be updated concerning the inspection, interpretation and collection of, digital evidence along with digital devices – and proactive digital evidence and forensics
educational programs for local and state government employees need to be instituted and/or significantly updated.
In the Doc Bekkum case, iPhone text messages were used to support the complainant’s narrative. She had no witness of her own to support her allegations. The only known witness was Dr. Bekkum’s daughter who completely disputed the complainant’s testimony in a declaration, but it was after the trial. Being able to decipher real from fabricated screenshot digital text messaging is paramount in this case. From the collection to the Exhibit – the pathway must be squeaky clean.
Even the 2017 Authenticating Digital Evidence by Daniel Capra of Fordham University School of Law is now, only 6 years later, somewhat outdated as technology rapidly advances. The white paper notes:
It’s doubtful there has ever been a case that we’ve investigated this thoroughly that has been so fraught with misrepresentations, fabrications, suspense and intrigue as this one you’re about to see. A good and kind community doctor was accused of sexual misconduct by a woman who claimed to be a “hospice” caretaker.
The story starts in the summer of 2016 when a general practice physician was asked by a local State Senator to be the doctor of record for a gentleman that was later found to be under the unwanted control of the senator. The doctor had no reason to decline since the gentleman was already his patient through the community clinic.
Fake news, false identities, and phony emails – in today’s digital world, it is becoming increasingly more difficult to detect fact from fiction.
Fake Texts Are Easy To Create, Difficult To Detect
For lawyers, judges, juries, and investigators, discerning what’s real when dealing with digital evidence is more difficult than ever. This is due, in part, to how easy it is to create fake evidence. Specifically, a rise in fake text message apps makes it almost effortless to falsify all types of instant mobile communications – iMessage, SMS, MMS, and chat. Nearly every aspect of the text message can be fabricated, including the sender and recipient, time stamp, and delivery status.
iDiscovery Solutions (iDS) was founded in 2008, and is a professional services consulting firm that specializes in Digital Forensics, e-Discovery, Structured Data, Cybersecurity, Data Privacy, and Information Governance. Of the many services iDS provides is the ability to examine, dissect and provide legal testimony as to the validity of digital evidence produced in court proceedings.
Some of the best tools we have ever encountered as litigation paralegals are on Bombards Body Language, a collection of dissected videos where the goal is to teach people to be able to identify and see deception in body language. Having watched Bombard’s video channels for several years – it recently became time to move up to tutorial instruction.
Very interesting how the 80,000 “deadwood” voters in Honolulu’s DIRTY voter rolls that the City Clerk just admitted to in this video aligns very well with the in-depth analysis of @RealSKeshel who estimates that we had 90,000 imaginary votes in Honolulu’s 2020 election. But “that’s typical of Hawaii” the City Clerk tells everybody… 🙄
Follow and volunteer with @AuditTheVoteHI if you want to do something about this and assist in the local grassroots efforts for free and fair elections. 🤙
Also, check out the abnormally high blank votes in 2020 for Maui County Council.
(OP-ED) —The opinions expressed herein reflect those of the author and should not necessarily be construed as legal advice; however, the material has been vetted by an attorney who loves the thought process behind what is expressed here.
While everyone is getting the “rope-a-dope” from the banks and their mortgage loan servicers, no one’s looking to the enforcement arm of Wall Street … the revolving door into the United States Securities and Exchange Commission (“USSEC”). The author will abbreviate this agency, who is supposed to enforce violations of securities laws; however, seemingly, apparently hasn’t been doing so to the extent that We the People need them to.
The author of this post held off posting this article for the sake of clarification, insomuch that jumping the gun and sending the readers of this post on a wild goose chase for nothing would have been totally discrediting and thus, non-productive…
This is where I first learned the term of political fraud pandering. American Homeowners thought they had a cheerleader and it turns out Marcy Kaptur and the rest of her political cronies were just another bunch of do nothing politicians. They had the chance to write legislation to outlaw the fraudulent securitization schemes, robo-signing and UNREGULATED DERIVATIVE and they did nothing! The small in consequential crap they did do, like the $25 million National Mortgage Settlement that Kamala Harris oversaw, was a drop in the bucket to the TRILLION$ of debt the banks created from Americans’ mortgages and never helped the over 56+ million American families that lost, short sales, or walked away from their homes. This and other bank/government “settlements” were just a smokescreen leading up to another election.
(BREAKING NEWS, OP-ED)– The author of this post is a paralegal and consultant to attorneys on foreclosure defense and consumer issues. The case posited above is for your educational benefit only and any commentary presented here does not portend to convey any legal advise whatsoever.
The U.S. District Courts never cease to amaze this author given the blatant facts and allegations presented by the Plaintiff (Gross) in his FCRA case against CitiMortgage, Inc. The lower court justices nearly always rule for the banks no matter what. Could it be because the federal judges are vested in these banks and are conflicted out? This is why Judicial Watch puts out a list of financial records (those that have been obtained) of the federal court system’s judges’ for all to see and review (at the following link): https://www.judicialwatch.org/judge. And the cause and effect situation expressed here is exactly…
Excellent post. Yes, homeowners need education! Homeowners are waking up as 2020 election fraud tactics using patented computer algorithms, bribed politicians and judges, forged ballots and stuffed ballot boxes mirrors foreclosure fraud in so many ways. It’s not hard for a homeowner facing foreclosure to understand how rigged and corrupt the entire system had become.
Just like school loans (ARS), mortgages (MBS) were UNREGULATED DERIVATIVES that need to be wiped entirely off the books because of the swamped fraud and corruption for which they were created.
(BREAKING NEWS, OP-ED) —The author of this post is a paralegal and trial consultant to attorneys on chain of title issues. The article is designed to educate and is not to be construed as legal advice or to attempt to draw any legal conclusions of law.
A Supreme Court of Iowa case came into my inbox this morning and after reading its 14 pages, it became a relevant topic for discussion here.
In this suit, the tax deed holder (ACC Holdings LLC), twice tried to sue the owner of record (Rooney). The Iowa Rules of Civil Procedure only allow for two “bites at the apple” (IRCP 1.943) and the second voluntary dismissal operated as an “adjudication on the merits” (in other words, by dismissing its own case twice, it blocked the Plaintiff from suing a third time by creating case law, based on a third filing of the same…