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Old June 28th, 2010 #481
Contumacyman
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Hadding, maybe I am dense, but what the hell difference does it make to the court what his wife thinks or says about the tape? Whatever she says, the prosecution will introduce it into evidence (if it really is authentic) and to think that Steele could block that solely on his wife's opinion is ludicrous. The prosecution needs only submit the testimony of their many experts to the effect that it is an original, and that it is indeed Steele's voice to some 99% probablility. If the tape really is authentic, then no amount of wifely denial will have a dog's chance of getting a judge to disallow it being introduced. Explain it to me, please, just how does his wife's opinion have anything to do with a court decision to allow the tape along with the government's expert testimony as to its authenticity.

As to Steele having to prove some "mission Impossible" scheme, there again I do not see why he would need to do that at all. If he knows he didn't have that conversation, then he can be safe in assuming that his own experts can find the flaw in their fakery.
In that case, he needn't try to explain to the jury how that tape came into being, but only that it is NOT an original recording of any conversation that he had with anybody. If he actually did have that conversation, then, he would be an idiot to think he could defeat it's authenticity no matter what he did.

You seem to be approaching this with the assumption that Steele actually did have that conversation. For the sake of argument, assume that he did NOT have that conversation, then see if Steele's phone call to his son and wife don't make more sense?
 
Old June 28th, 2010 #482
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Quote:
Originally Posted by Sam Spears View Post
Whether the wife feels her husband really did try to kill her or not, it is her duty to not let the government get satisfaction. She can divorce him and part ways once the trial is over and he is acquitted.

Giving a hostile 3rd party satisfaction is plain wrong, no matter the situation.

This Mona character is another person who perpetuates the system while proclaiming to oppose it.

If the system is so worthy of replacement, why would anyone cooperate and let the system rule them or follow the system and its rules?

Cooperating with the system means that you deep down inside submit to it's authority and believe it is worthy of ruling you, hence there is no reason to replace the way things are with a new system. This is why nothing will change.


Worthy of a Second posting IMO
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Old June 28th, 2010 #483
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Quote:
Originally Posted by monamontgomery View Post
Not the mug shot. The mug shot was taken after Fairfax went to the cops. Fairfax probably got scared when he realized that he was partnering up with an unstable person and was afraid the two of them would get caught.
Thanks for clearing that up. I thought the mug shot was taken before Fairfax went to the authorities.

Quote:
Fairfax probably got scared when he realized that he was partnering up with an unstable person and was afraid the two of them would get caught.
Fairfax doesn't seems like a person that does much "realizing". If is was, Fairfax would have "realized" he had already committed several substantial crimes, attempted murder, building pipe bombs, crossing state lines. And that is just the Steele case. Seems that any man that builds pipe bombs and enter the field of hit-man would have had committed other crimes and Fairfax would have "realized" that drawing attention to himself was not a good idea.

Quote:
The cops called in the FBI and Fairfax was trained to wear a wire and get Ed to discuss the murder while the tape was on.
Can you provide a link to a published report that supports the claim went to the cops first and the cops called in the FBI. Do the cops typically call in the FBI or do they prefer to handle cases themselves? Do you believe the official story is that the FBI was contacted on June 9 and the first recording was on June 9. The FBI "trained" Fairfax to "wear a wire" and "discus the murders" in a couple hours?

Quote:
According to the FBI Affidavit, Fairfax told the FBI that six months ago Edgar told Fairfax that he had a list of people he wanted killed, especially his wife and her mother.
Yes, we know that. Steele was in the ITU recovering from a near fatal heart working on his hit-list and showed it Fairfax. So are we believe that Steele had a near death experience and on surviving had an epiphany that life is short and there are so many people he wanted dead and vowed to make better use of remaining time on earth by killing those people, starting with his wife?
 
Old June 28th, 2010 #484
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Why would government want to present the evidence during a phone call?
Is this typical?
Why would the government want to present the evidence only three days into the case?
Is this typical?
Why would the government care what Steele's wife thought about the recording?
It would seem that if the recordings were authentic, in no way could she help the prosecution, but could possibly hurt the prosecutions case.

And how clear would a recording made by a hidden microphone (under cloths) played over a phone line be?

On a slightly different note. Wouldn't the government also try to collect visual evidence. For example, visually record Steele and Fairfax entering and leaving the barn.
 
Old June 28th, 2010 #485
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Another interesting question is did the AG office go ahead with presenting the recording to Steele's wife after she was warned by Steele of the AG strategy?
 
Old June 29th, 2010 #486
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Quote:
Originally Posted by Contumacyman View Post
Hadding, maybe I am dense, but what the hell difference does it make to the court what his wife thinks or says about the tape? [...] Explain it to me, please, just how does his wife's opinion have anything to do with a court decision to allow the tape along with the government's expert testimony as to its authenticity.
It's AUTHENTICATION. There may be other forms of authentication, but this is one.

Quote:
Originally Posted by Contumacyman
As to Steele having to prove some "mission Impossible" scheme, there again I do not see why he would need to do that at all.
Because it's prima facie crazy?


Quote:
Originally Posted by Contumacyman
You seem to be approaching this with the assumption that Steele actually did have that conversation.
Steele's own comments indicate that the recording exists and that the recording makes the case. Unless somebody can demonstrate that the recording is a fraud, I assume that it is not. It's less far-fetched to assume that the recording is not a fraud, than to assume that it is.

I am not really convinced by the argument that says, I know Ed Steele and he would never do something like that! Well, you think you know him. His family knows him better and they don't seem so sure.

I am not impressed with the argument that Steele is too smart for this either. Sometimes smart people do stupid things, especially if they are convinced of their own supreme brilliance.

If the Feds set Steele up, then you have to say that they did their homework to make an accusation that fits the circumstances, because with a wife standing like a rhinoceros in the middle of the road between him and his Ukrainian girlfriend, getting rid of the wife one way or another seems credible.

Last edited by Hadding; June 29th, 2010 at 04:23 AM.
 
Old June 29th, 2010 #487
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The first thing Steele must do is challenge the admissibility of the recordings due to unfair predjudice. Read some of the laws and cases. This is why they want the Wife to say it's his voice or sounds like him. Secondly, Fairfax is the one who planted the bomb and has admitted to it. His confessions are his word against Steele's word. They have no evidence except for some so called tapes from a man they later arrested for planting a bomb. Seems the theory has already changed two or three times. Steel needs to object immediately to any tapes or any testimony by a person confessing to planting bombs and trying to implicate him with conspiracy. Seems to me that objecting to the tapes is the first line of defense, since they are mere hearsay and possibly a set up by someone being held for bomb making. He must get on record as objecting to the tapes. Read below some of the case law. Looks like the whole case is merely circumstancial . The tapes will definitely predjudice the case against Steele unfairly.

State Laws (Table)
While the U.S. federal law only requires one-party consent, many states have accepted different laws. In some states all parties must give their consent or at least be notified that the call is about to be recorded (with necessary opt-out option: if you don’t like them to record the call, you can ask them to stop recording). There also was a case law decision from many years ago (the 1950’s) that went to the Supreme Court and affirmed that the federal law does not supersede state authority/statutes unless the call or the tap crosses state lines – that is why each state went ahead and established their own guideline/statute.





Idaho

Although legislation criminalizes the interception and disclosure of wire or oral communications, it specifically allows interception when one of the parties has given prior consent. Idaho Code 18-6702. Punishment for the felony of an illegal interception or disclosure can include up to five years in prison and as much as $5,000 in fines. Anyone whose communications are unlawfully intercepted can sue for recovery of actual damages, at $100 a day per day of violation or $1,000 — whichever is more. Punitive damages, litigation costs and attorney fees also can be recovered. Idaho Code 18-6709.

The Supreme Court of Idaho has held that eavesdroppers violated the Communications Security Act by willfully intercepting and recording telephone users’ cordless telephone conversation using radio scanners and tape recorders, and disclosing the conversations to others. Hoskins v. Howard, 971 P.2d 1135 (Idaho 1998).


Rule 403

Evidence admissible under Rule 404(b) must still meet Rule 403's

requirement that its prejudicial value not outweigh its probative value.

Rule 403 grounds, we review the admission of the testimony for plain

error. Evidence of a murder not charged is extremely prejudicial.

United States v. Richeson , 825 F.2d

17, 21 (4th Cir. 1987). The government may demonstrate association

by proof of participation at some stage accompanied by knowledge of

the result and intent to bring about that result.


Rule 404(b) provides that:
Evidence of other crimes, wrongs, or acts is not admissible to

prove the character of a person in order to show action in confor-

mity therewith. It may, however, be admissible for other pur-

poses, such as proof of motive, opportunity, intent, preparation,

plan, knowledge, identity, or absence of mistake or accident,

provided that upon request by the accused, the prosecution in a

criminal case shall provide reasonable notice in advance of trial,

or during trial if the court excuses pretrial notice on good cause

shown, of the general nature of any such evidence it intends to

introduce at trial.



--------------------------------------------------------------------------------
5
Rule 403 provides that "[a]lthough relevant, evidence may be
excluded if its probative value is substantially outweighed by the danger

of unfair prejudice, confusion of the issues, or misleading the jury, or by

considerations of undue delay, waste of time, or needless presentation of

cumulative evidence."



The rule that the charging instrument may not be amended to base the prosecution on a different theory dates to the predecessor statute, which explicitly barred amendments having that effect. Ind. Code 35-3.1-1-5(e) (1976) ("[A]n indictment or information shall not be amended in any respect which changes the theory or theories of the prosecution as originally stated"). "Theory of the case" has been defined as "facts which constitute the essential elements of the crime charged." Abner, 497 N.E.2d at 553. Although the current statute contains no analogous provision, the decisional law has retained the prohibition on changes in the theory of the case. Wright v. State, 593 N.E.2d 1192, 1197 (Ind. 1992) (attributing the doctrine to subsection (a)(9) and Sharp v. State, discussed above). But cf. Kindred v. State, 540 N.E.2d 1161, 1170 (Ind. 1989) (noting difference between predecessor and current statute and describing cases construing subsection (e) of the former as "no longer controlling"); Trotter v. State, 429 N.E.2d 637, 640-41 (Ind. 1981) (questioning "theory of the case" doctrine and arguing that amendments changing underlying theory or identity of crime charged should be allowed if they do not prejudice the accused).
 
Old June 29th, 2010 #488
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I don't think Steele is guilty, simply because I don't think he's that ignorant as to what and how they say this thing went down. It's all too amaturish (if that's a word). It reeks of a government that wants to put someone away till they are dead. I know how this crooked government makes up phony allegations, I was one of their victims already.
 
Old June 29th, 2010 #489
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Is it possible and would it be beneficial if Steele requested and was able to delay his trial until after the Fairfax trial for building bombs, attempted murder, endangerment, "interstate" crimes, stalking Steele's, whatever ...

Also, maybe Fairfax trial would uncover other crimes Fairfax has committed in the past helping Steele.

What would be the implications for Steele's defense if there was no connection could be proven between Steele and Fairfax and the first murder attempt?

What are the implication in a courtroom when the main witness against the defendant and government's informant and "confidential" witness is a convicted criminal for such crimes as attempted murder?
 
Old June 29th, 2010 #490
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Quote:
Originally Posted by Russ View Post
They have no evidence except for some so called tapes from a man they later arrested for planting a bomb.
That's not what Steele says. He says this is "Mission Impossible" stuff.
 
Old June 29th, 2010 #491
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Angry Mythical Tape

Everybody keeps talking about tapes. They are sooo 20th Century. This would be a digital recording from a recorder the size of a tobacco cigarette lighter. Editing is a very labor intensive business. It would take hundreds of hours of work to make a five minute fake recording from the samples of Steeles voice on his website. However, an impersonator could fake a recording in a few hours of practice.

Someone brought up an interesting point. The Feds should have gotten video of Steele and the scumbag Fairfax going into the horse barn if it actually happened. If this video doesn't exist, he was likely framed.
 
Old June 29th, 2010 #492
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Another point indicating why there should be video evidence is that from the moment that Fairfax claimed that Steele was planing to kill his wife, it would seem reasonable that the FBI would have Steele under constant surveillance monitoring his movements. There is a human life on the line after all.

But if Steele's wife was in Oregon on June 9, monitoring and recording Steele's movement may not have been as urgent as if she was at home.
 
Old June 29th, 2010 #493
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Smile Tintin's New Avatar

I like Tintin's new Avatar. It reminds me that Negroes are good for something after all. Better yet is to use lawyers for the job and let them carry around a Negro.
 
Old June 29th, 2010 #494
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Why did Cyndi Steele decide to have her (and her husbands?) car serviced 4 hours before he husbands court hearing?
I still think that fact the Steele's wife decided to get a quick lube before her husbands hearing to be very strange behavior. Evan more so after the jailhouse phone conversation have been made public. So to add to what I speculated before:
  • Steele's wife told Steele that she was afraid to go home because she was scared. This was in the first phone conversation that was not released.
  • Steele's son confirms that his mother was afraid to go home because she reasoned that who was ever out to get Steele might go for somebody else in the family. It was not Steele she was afraid of.
  • At some point 24 hours, approximately, before she made the trip to the get the quick lube, she was scheduled to get a call from the AG office, no less, and listen to a recording for her husband planing to kill her.
  • It was obvious that she was exhausted during the phone conversation at it is hard to believe that got a good night sleep knowing that she was going to have listen to the recording of her husband planing to kill her.
  • It is also not clear, but she may also have returned from Oregon a day or two before all of this. The long drive would have added to her exhaustion.
  • Add to that, she now has the burden of knowing that if she confirm her husbands voice on the tapes he will die in jail. And add to that, she really likely believes that government would attempt to set her husband up.

Given all that, she decides to get a quick lube on her car and maybe her husbands car?
 
Old June 29th, 2010 #495
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Quote:
Originally Posted by Donald E. Pauly View Post
I like Tintin's new Avatar. It reminds me that Negroes are good for something after all. Better yet is to use lawyers for the job and let them carry around a Negro.
Those are nigger lawyers carrying me around.
They be practicing the law of the jungle and shit.
 
Old June 29th, 2010 #496
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Quote:
Originally Posted by Donald E. Pauly View Post
However, an impersonator could fake a recording in a few hours of practice.
But examination of the waveform would reveal differences from Steele's voice. This has already been addressed.

Fooling the ear is one thing. Creating a similar waveform on the oscilloscope is something else.
 
Old June 29th, 2010 #497
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When the issue of the "Ukrainian girlfriends" first appeared, somebody here made a joke(?) that this was a code word for Steele's son to take some action. Maybe that action was to have Steele's wife take the car(s) in for a quick lube so that the pipe bombs would be found.

Maybe Steele is setting up the FBI and/or Fairfax?
 
Old June 29th, 2010 #498
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Smile Mr Linder on Tintin's Gold Stars

I just sent the following PM to Mr Linder. His reply follows. The gold stars are working their way thru the system.
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Mr Linder:
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You need to get involved on post 495 of the Steele thread. You must give a HANDFUL of gold stars to Tintin for the following quote regarding his avatar.

DEP

"Those are nigger lawyers carrying me around.
They practice the law of the jungle."
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That is funny. I don't even know how those gold stars work, to tell the truth.
 
Old June 29th, 2010 #499
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I just sent the following PM to Mr Linder. His reply follows. The gold stars are working their way thru the system.
=========
Mr Linder:
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You need to get involved on post 495 of the Steele thread. You must give a HANDFUL of gold stars to Tintin for the following quote regarding his avatar.

DEP

"Those are nigger lawyers carrying me around.
They practice the law of the jungle."
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That is funny. I don't even know how those gold stars work, to tell the truth.
Thanks.

But since then I have added more ethnic flare for the sake of authenticity.


Those are nigger lawyers carrying me around.
They be practicing the law of the jungle and shit.


A better view of me in my nigrig.

Maybe I should check it for a pipe bomb in case one of those genius niggers attached one.
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Old June 29th, 2010 #500
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Those are nigger lawyers carrying me around.
They be practicing the law of the jungle and shit.
Why doesn't the dog get to ride too?
 
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