How to Prove Innocence When Falsely Accused of Sexual Assault – Part 2

Posted on January 15, 2023 by Deadly Clear

By Sydney Sullivan

“If the text doesn’t fit you must acquit.“

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Digital Evidence by Daniel Capra of Fordham University School of Law is now, only 6 years later, somewhat outdated as technology rapidly advances.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:

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Text Message Screenshots: Real Or Fake?

Posted on December 16, 2022 by Deadly Clear

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.

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Attorney James “Randy” Ackley Speaks to the Injustices of Foreclosure Courts

Posted on April 29, 2016 by Deadly Clear

Published on Apr 29, 2016

Attorney James “Randy” Ackley appeared on the Neil Garfield Radio Show. The show was a fascinating discussion about banks creating the illusion of standing when a bank is unable to demonstrate they have the right to foreclose.

Neil and Randy addressed why the courts were allowing loan servicers to present evidence that was hearsay, often fraudulent and did not comply with the rules of evidence. Ackley stated that, “The court is allowing evidence to be introduced that would not be admitted in any other type of case.” The discussion brought up the fact that courts are making erroneous presumptions in favor of the banks despite the fact that there is now a public record of banks fabricating evidence, robosigning documents, false notarizations and bank employees testifying under oath about facts they know nothing about.

To learn more about Randy Ackley at: http://4closurefraud.org/2016/04/05/j…

“Bankruptcy court corruption is not just a matter of bankruptcy trustees in collusion with corrupt bankruptcy judges.” — AG John Ashcroft

Posted on May 14, 2014 by Deadly Clear

By Sydney Sullivan

Every day I hear more stories about alleged corruption in the courts, not only when it comes to foreclosures, but also bankruptcy – especially when families are trying to protect their homes. It is more than obvious that the system is flawed.

Judges are not necessarily adept, specifically educated or predisposed to this new form of securitization…these quasi-securities called NTMs (nontraditional mortgages). Nor are they willing to risk their investment portfolios and mutual funds to protect the average citizens in America. Continue reading →

Part 2 – How to Challenge an Assignment of Mortgage

Posted on August 26, 2013 by Deadly Clear

Part 2 – How to Challenge an Assignment of Mortgage by Glenn Augenstein continued from Part 1 on DeadlyClear.

Glenn Augenstein, a seasoned researcher and expert witness in foreclosure fraud, has taken the time to research the ancient word “seisin” which gives us better insight into what the mortgage document was meant to convey.

Recent Case Law

Wells Fargo v Erobobo

On this I must first comment that standing, or lack thereof, is considered differently in some jurisdictions than it is others. Some treat it as an affirmative defense that must be pleaded timely or it is considered waived. “Because the issue of standing is distinct from the issue of subject-matter jurisdiction and, thus, can be waived, we hold that Continue reading →

Part 1 – How to Challenge an Assignment of Mortgage

Posted on August 23, 2013 by Deadly Clear

Have you ever wondered what the phrase “Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage” under BORROWER COVENANTS meant?

Glenn Augenstein, a seasoned researcher, history major and expert witness in foreclosure fraud, has taken the time to research the ancient word “seisin” which gives us better insight into what the mortgage document was meant to convey.

This two-part post is worth the read and education – and may give you a new perspective on the intention of the documents and the necessity to defend the title at all costs. Continue reading →