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Digital Evidence by Daniel Capra of Fordham University School of Law is now, only 6 years later, somewhat outdated as technology rapidly advances.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.
The Hawaii legislature in 2018 started off wanting to make it a “Felony” if you rented a room in your home short term without the required licensing. Most folks are all for the necessary permit and, of course, paying the taxes. But making a vacation rental violation a felony – well, that went a bit too far.
Sometimes it feels like state and federal legislators don’t have a clue about what real-life Americans face every day. Legislators have always had a paycheck, even during the 2008 meltdown. While many folks were losing their homes, banks offered sweet refinance and payoff deals to legislators all over the country. Average homeowners couldn’t get a refinance or modification from 2008 through 2012 because the banks told them to miss 3 payments to qualify for HAMP and then denied homeowners the opportunity to reinstate their loan – because they were unknowingly in DEFAULT.Continue reading →
A step closer to getting big money out of politics
November 3, 2015
By ARIANNA FEINBERG (firstname.lastname@example.org)
Thank you, Maui County Council, under the leadership of Policy and Intergovernmental Affairs Committee Chairman Mike Victorino, for passing Resolution 15-124 “Requesting Maui County’s Congressional Delegation to Support an Amendment to the
United States Constitution to Permit Congress and the States to Regulate the Influence of Corporate Power on the Political System.”
This resolution shows our County Council’s support of overturning the Citizens United vs. Federal Election Commission Supreme Court decision, which made it legal for corporations and other special interests to spend unlimited amounts of money to influence elections, as long as they are “uncoordinated” with candidates. Continue reading →
“Truth crushed to Earth shall rise again, the eternal years of God are hers, but Error wounded writhes in pain and dies among His worshipers.” The Battle Field – William Cullen Bryant. 1794–1878 Continue reading →
We see all sorts of cases in foreclosure defense and just as many judicial personalities… goofy decisions, irresponsible and / or clueless judges but this one takes the cake! You would think that if you’re going to have your case heard by a trial judge – that he would be required to have some knowledge on the subject, right? Apparently, not in Hawaii’s Second Circuit Court.
A few years ago it appeared that many judges were just not up to speed on the foreclosure scheme, but lately it seems like there has to be a higher ilk that commands lower court to squash the homeowner and if they can afford to appeal, maybe then they’ll be worthy of some justice. Otherwise, presented with the evidence, acknowledging the bad paperwork and still ruling against the homeowner would be crazy or corrupt… or maybe both. This appears to be a case that would certainly seem to fit that synopsis. Continue reading →
Big banks hold great sway in Washington these days, far more than troubled homeowners do. But outside the Beltway, many people remain caught in the maw of the financial giants, which is why it is heartening when some judges step into the fray.
Consider two opinions involving Wells Fargo, a bank that enjoys a somewhat better reputation than many of its peers. On Monday, a judge in a state court in Missouri ordered Wells to pay over $3 million in punitive damages and other costs for abusing a borrower. Then, on Thursday, a judge in Federal Bankruptcy Court in suburban New York ruled on behalf of another borrower, concluding that there was substantial evidence Wells Fargo forged documents when it foreclosed on a property. Continue reading →
“We are a people at the full height of our power” sings the choir on Kauai, HI, site of the worlds’ largest missile test site, GMO testing fields, rising costs of education and crashing home values…in paradise. It’s real life in paradise.
Every island has their movement – please join! We are the 99% – united. Whether you are Democrat or Republican – this is your fight. Greed is not good. Wall Street has deliberately taken your property equity, savings, pension and retirement funds and gambled them away. Continue reading →
Behind the collapse of the economy in the U.S. and around the world is the massive loss of pension and retirement funds belonging to government employees, union workers and corporate 401k beneficiaries – these were the “investors” in the securitization fraud stemming from the unregulated derivatives. Hordes of lawsuits have been filed by investors against Wall Street banks, but it’s pretty obvious the money is gone. Continue reading →