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Mr. Steele’s appeal? An update, 2/25/2012

2012 February 25
by admin

(The following info was submitted for posting here, to update supporters and observers.)

The transcripts of all prior hearings were ordered and have been filed with the trial court. Other deadlines are approaching (see below).

An appellate attorney has been engaged for Edgar. An appeal will be filed within the time period provided.    The appellate dates are as follows:

Wed., April 4, 2012, Appellant’s opening brief and excerpts of record are due.

Fri., May 4, 2012, Appellee’s (Govt’s) answering brief and excerpts of record are due.

An optional reply brief would be due within 14 days after appellee’s brief is served. For good cause, the above dates are subject to modification.

8 Responses leave one →
  1. GodSend permalink
    February 25, 2012

    After all that has happened in this case so far, why would anyone in their right mind think that following the legal appeal route to free Edgar will succeed? As Einstein said: “Insanity is doing the same thing over and over again – and expecting different results.” At best, the Feds will string out this appeal until the cows come home – and Edgar has turned into a “basket case” (or worse). This may sound harsh, but the reality is that we are dealing with CRIMINALS in the Federal Gov’t who are blatantly flaunting the law – and will continue to do so!

    When Edgar said: “We have to STOP them!”, this is NOT the way to do it!

    MASS PROTESTS (OWS “in spades”) are the ONLY way to STOP THEM! The Civil Rights Movement, the Viet Nam Anti-War Movement and Gandhi showed the way.

    http://patriotsoccupyamerica.us (POA). Think of it as “Sovereign Citizens” with brains, instead of brawn! “Live free – or die!” Remember pastor Niemoeller! (THEY WILL COME FOR US! – sooner or later, one at a time or millions at a time).

    • February 25, 2012

      Mass protests. Sorry, one does not go to Walmart to buy a large box of “mass protests”. Since Mr. Steele was framed then jailed, you’d be utterly amazed how HARD it has been to mobilize people towards a certain activism goal. And – back then before the Boise conviction – supporters were still optimistic towards exoneration.

      If I recall correctly, a number of the “Civil Rights” movement protests were fomented by paid agents, certainly not identified as being “right-wing”. And tribal power elites and their vanguard high-profile rabble-rousers (Abbie Hoffman, Robert Zimmerman a.k.a. Bob Dylan, et al) were right at the front of these large mass protests, because it was good for the tribe.

      After the 1960′s “Civil Rights” marches, then it was “women’s rights”, again, led and provoked from behind and in-front by tribal power elite spokespersons and organizations.

      All along the time-frame of the movements mentioned above, we had a generally supportive Media, which by and large has in its key positions members of the tribe.

      Those who support Mr. Steele simply don’t think tribally, and therefore don’t coalesce like other groups with a strong self-identity.

      • GodSend permalink
        February 25, 2012

        I understand all that. The challenge is HUGE, but it’s not any HUGER than the challenge faced by our Revolutionary War fighting forefathers. Sacrifices (of time, money and blood) will be required to defeat the cunning and callous enemy within the gates. Hand-wringing and “I’ll pray for you” promises and endless blogging will NOT suffice!

        I don’t think most Americans realize just how desperate our predicament is. By the time enough of them wake up, it may well be too late to STOP THEM. We’ll have to rely on Yahweh to JUST DO IT (Ezekiel 22:20). But hey, let’s not all just roll over and get bulldozed by THEM – like Rachel Corrie – until that day arrives!

        Is anyone DOING anything in Idaho (for starters) to make people there aware of Edgar’s dire straits and injustice done to him? As someone once said: “We’ll surely hang separately if we don’t hang together!”

  2. GodSend permalink
    February 25, 2012

    PS On 911, THEY came for us to the tune of 3000+ (not counting dead and maimed American GIs, Iraqis and Afghans). The final DOUBLE-DIP GRAND DEPRESSION (now in DIP#2) count will number in the millions of victims – impoverished, homeless, foreclosed-upon and deeply indebted students with no hope of getting a decent job anytime soon! Recently, THEY “bagged” Pat Buchanan, et al, for making anti-Zionist remarks. The handwriting is on the wall!

  3. Little Scholar permalink
    March 15, 2012

    1. A different strategy: go after FBI Agent Sotka and Judge Winmill. Sue them both. ALL of the evidence against them is in the court records.

    Instead of an appeal, first enter a lawsuit against FBI Agent Sotka, who destroyed the original recordings and thereby obstructed justice.

    Having won this point if possible, then go back and get the conviction overturned by declaring a MISTRIAL.

    The recordings introduced as evidence by FBI Agent Sotka weren’t the originals, they were copies. Originals are required at trial, not copies. Can’t a MISTRIAL be declared on this basis alone? Since the entire premise of the prosecution was based on the audio recordings (as corroboration of what Larry Fairfax claimed), that means the central point in the prosecution’s case was, in effect, unsubstantiated. Go for a MISTRIAL, not an appeal! Am I wrong here?

    2. Was George Papcun’s testimony intentionally made impossible because he was the Ace-In-The-Hole for Edgar Steele (see below)? A trip to Tahiti within two days … planned and paid for far in advance? A coincidence? Chief U.S. District Judge B. Lynn Winmill wouldn’t accommodate the availability of the witness for a man accused of a serious felony? A violation of the 6th Amendment of the Bill of Rights? A $120,000 chartered jet was required to fly the witness in from his vacation?? The jet company backed out at the last minute … a coincidence? A harrowing experience for Steele, driving up his cortisol to destructive levels? Physical torture through psychological means.

    The judge’s refusal to accommodate that vacation constitutes SILENCING OF A WITNESS by the Court. It doesn’t help to be able to subpoena a witness if the witness has a major conflict and the judge won’t budge. Isn’t that ‘witness tampering?’ The 6th Amendment doesn’t just give you the right to subpoena witnesses or documents, it gives you the right to have them there in court in order to provide evidence on your behalf! MISTRIAL!

    3 Steele’s silenced witness George Papcun wasn’t just a highly-credentialed audio expert witness who was prepared to testify that the recordings were tampered with throughout. GEORGE PAPCUN IS THE **CREATOR** OF COMPUTERIZED DIGITAL VOICE MORPHING TECHNOLOGY (in a Los Alamos laboratory in 1999). He defended himself against claims that he faked the 9/11/2001 cell phone calls from doomed airplanes:

    George Papcun, creator of voice morphing technology
    voicemorphing – 911 guide
    http://sites.google.com/site/911guide/voicemorphing

    QUOTE: I originally developed the technology of voice morphing, the technology by which it is possible to make someone seem to say something they did not say (see http://www.washingtonpost.com/wp-srv/national/dotmil/arkin020199.htm) and coined the phrase. Therefore, I know what would have been required to create such bogus calls. Practical considerations preclude making counterfeit telephone calls in this situation. END QUOTE

    He evidently did not explain his findings very well to Steele, because Steele (about 66 now in 2012, with a brilliant and capable mind) referred to copious ‘dubbing, splicing and editing’ of the recordings. That language belongs to the bygone era of magnetic tape recordings. When Larry Fairfax the handyman was wired and the FBI or whoever was listening in and making a recording, it is 99.99% certain that the ‘original’ recording they made from the wired-in signal was digital, not analog (on tape) … digital audio being the form of recording of which Papcun is the undisputed worldwide master.

    It was perfectly safe for Papcun and his colleague to reveal all manner of irregularities in the recording(s), because that information would never be entered at trial and therefore it wouldn’t matter. It would be even more agonizing for Steele to know that he had been ‘so close, and yet so far.’ That is psychological torture.

    4. When the original wired sound (not yet recorded) was uploaded into a computer file, it’s extremely likely that the sound went straight into an audio program such as the FREE audio software Audacity. That original digital track could then be fed through one of the two currently most popular voice morphing programs like AV Voice Changer Software Diamond 7.0, which contains the capability of Voice Parody.

    When set to 100% of a Target Voice, you (the Source Voice) can speak IN THE VOICE of that Target as though you are that person. This technology was first made viable in 1999 by George Papcun himself.

    It is possible to hear ‘artefacts’ in the doctored-up version (little clicks or extraneous sounds and voices, lowered volume that attempts to disguise anomalies, etc.). Even when the Target Voice’s intonation and style are ‘cloned,’ a keen ear habituated to the real person can detect the subtle differences in sound resonance, vocabulary and inflection.

    5. Go to the following url for a tutorial on creating ‘Parody Voices’ using AV Voice Changer Software.

    Click on Step 3 and you will find this obscure sentence:
    ‘- You can totally mimic someone’s voice by moving the cursor to the edge of the table like in Fig 4.’ [i.e., set the Parody Voice to be 100% similar to the Target Voice]

    http://support.audio4fun.com/av-voice-changer-software/diamond-edition/1-tutorial/59-how-to-create-parody-voices-with-voice-changer-software-diamond

    6. An Audacity .aup file can instantly be converted within Audacity into an .mp3 file (the most common format for listening). Then it’s a snap to drag the file onto iTunes or your Windows Media Player and ‘burn it’ (copy it) onto a CD or DVD.

    7. It seems that the authorities were counting on Edgar Steele’s unfamiliarity with all this rather user-friendly technology, which has been around for OVER 13 YEARS NOW, especially at his age and since fooling around with music and games is not how lawyers (even brilliant ones) generally amuse themselves.

    6. Wasn’t Edgar Steele denied several rights that he is guaranteed under the Bill of Rights? Pick these apart:

    Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the places to be searched, and the persons or things to be seized.
    …..[Was this done properly?]

    Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, … nor shall any person be … deprived of life, liberty, or property, without due process of law; …
    …..[If the judicial process was not ‘duly’ carried out according to the law, can it be called ‘due process of law?’]

    Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, … to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.
    …..[Two states were involved according to the charges. Maybe the other state would have had a fairer judicial system. Did Larry Fairfax confront Edgar Steele in court? The right to subpoena favorable witnesses was exercised but was blocked by the judge. Since all the money was bled from Steele’s supporters this time around, he will have nothing left on the next round. The draining of financial resources in order to crush a victim or opponent has nothing to do with justice and everything to do with winning through collapse triggered by the timely pulling of judicial strings. Financial crushing amounts to robbery in order to weaken the accused. It should be a crime for a judge to do that.]

    8. After this case is overturned, Judge Winmill should be disbarred for his unethical, unconstitutional and criminal behaviors, and for acting out of spite and retaliation against a citizen’s exercise of free speech.

    9. When Edgar Steele gets out of jail, he should sue the State for a huge sum of money for his emotional and psychological distress, for unconstitutional legal procedures, for wrongful imprisonment, for the inducement and exacerbation of medical conditions, for lost income, and for loss of consort.

  4. Little Scholar permalink
    March 15, 2012

    In point 3 above, I notice the title of the webpage at [http://sites.google.com/site/911guide/voicemorphing]:

    ‘George Papcun, Creator of Voice Morphing Technology, Speaks Against Conspiracy Theories’

    Although there the conspiracy theories have to do with cell phone calls from airplanes in the 9-11-2001 attacks, Papcun hammers home again and again his reactions being accused of being a part of a ‘massive conspiracy

    QUOTE:
    1. Purveyors of conspiracy theories have claimed that the events of 9/11 were the result of a massive government plot and cover-up.

    2. They claim that the government (or the CIA or someone other than Osama bin Laden and the hijackers) was behind 9/11.

    3. Accordingly, the conspiracy theory purveyors have needed to claim that someone (namely, me) created the voices of the passengers in those phone calls. That allegation is plainly outrageous and demeaning to the memories of those courageous passengers.

    4. Whether such wild-eyed theories are worth being concerned about is problematic. However, in their own words, their conspiracy theory organization “has grown from a cult following to a grassroots organism that can no longer be contained” (op cit).

    5. I have received email from a high school social studies teacher who told me that her students actually believe that I did everything the purveyors of conspiracy theories say I did. Why they would so mistrust their government and be so naïve with regard to technical issues are interesting questions, …

    END QUOTE

    Papcun is not at all neutral in his response, because he feels personally attacked. Instead of recognizing that a lot of people have been terribly traumatized by the magnitude of these events, do not have enough information to answer the inevitable questions in their minds, and are having trouble digesting what happened, he instead intersperses his text with negative attacks on them. They are suffering from Post Traumatic Stress Disorder and he is maligning them for their predictable difficulty in accepting either the events or the official explanations of them.

    When people are under stress or shock, they operate in a skewed imbalance towards the right brain hemisphere. The reason for this is that the body and mind shift towards the fight-or-flight mode of more animal instincts/adrenaline and less higher order thinking. This causes a lack of context and proper interpretation of sensory input. Verbally attacking such a person drives him or her further towards the fight-or-flight mode of self-defense. On the other hand, maintaining a calm and caring demeanor while gently providing irrefutable evidence reduces the frightened person’s fear so that he or she can think (on a higher order) more clearly.

    In my opinion, Papcun points out a few facts of life in our time world that clearly explain the impossibility that he could have created the cell phone calls of 9-11.

    However, he distances himself from his accusers by using such words as purveyors of conspiracy theories, massive government plot and cover-up, purveyors have needed to claim, plainly outrageous, demeaning, do believers actually suppose, everyone’s pillow talk, wild-eyed theories, so mistrust their government, so naïve with regard to technical issues.

    Without this language, he would have a wonderful rebuttal that is easier to see for what it is: not just a logical explanation of his point, but a verbal framework that leads the mind to the inexorable truth. It was physically and logistically impossible for him to do fake all those 9-11 cell phone calls.

    Most people who are naive about computers and things technical would have no concept of the physical and logistical moves required … through time … to make a voice-morphed parody that targets one specific individual, let alone a planeful of parodied voices. When in a hurry with daily life, under stress, people not only disjointedly put the wrong parts of things together but also totally miscalculate the required clock time to execute a series of actions (particularly if they are of an unknown quantity).

    What can we expect when grammar is no longer respected, and from infancy humans are watching totally concocted cartoon buffoons that look, act, and sound like nothing real on this earth? The sense of linear progression and of proportion are lacking as they relate to real life. Whose fault is that? Isn’t it the media and the educational system? Of those two, computer media are more to blame, because that’s where virtual reality splits from reality the most emphatically.

    As for virtual reality, a voice-morphed audio recording that perfectly mimics a known human being except for verbal content will be unremarkable to some people while triggering in others a primeval need to separate the unreal from the real. The same goes for the 9-11 ‘media event’ and other ‘things going on out there’ where people struggle to separate fact from fiction.

    My point here is that based on George Papcun’s previous history with ‘wild-eyed conspiracy theorists’ ignorantly accusing him of doing something that was patently impossible for him to do, he may have had no interest whatsoever in helping to defend someone like Edgar Steele, whom he could have come to view as just another ‘wild-eyed conspiracy theorist.’ If true, this could have had more to do with what he learned of Steele’s writings than with the audio recording that he affirmed in writing was intentionally falsified. This is sheer speculation, of course.

    Papcun was the perfect technology expert to prove that the purported recording of Larry Fairfax and Edgar Steele was faked … perhaps even morphed by his own technological creation.

    However, one is tempted to wonder whether he were unsympathetic to Edgar Steele, unwilling to give the benefit of his expertise to such a verbally noncompliant member of society. Was he more disposed to help suppress Edgar Steele than to help liberate him from a felony conviction? Or was he dumbfounded when he heard the judge tell Steele that Papcun couldn’t present his evidence? It’s hard for a busy man to kill a day or two, let alone several, in order to be an expert witness.

    If he had been a potential juror, Papcun would have been kicked out in the first round of questioning by an astute attorney. In the absence of facts, it is easy to resort to conjecture: could self-elimination have accounted for the absence of his testimony from what was apparently a kangaroo court?

    The ludicrous tragi-comedy that unfolded as Steele desperately attempted to close the deal on getting George Papcun physically to court was worthy of Hollywood’s best scriptwriters, combining comic twists, ludicrous charter jet costs, and ultimate failure that must have torn Steele apart as cruelly as any torturing rack. Either you can’t make this stuff up, or you can.

    Next time, how do you better verify the sympathies of the star witness?

    Next time, how do you make sure the judge will allow you to defend yourself?

    Kangaroo court: ‘a mock court in which the principles of law and justice are disregarded or perverted; one involving comic procedures and ludicrous penalties designed for the amusement of the participants and spectators.’* Amusing for all but one participant: Edgar Steele.
    ~~~
    * Webster’s Third New International Dictionary Unabridged, 1985.

  5. March 19, 2012

    Little Scholar:

    Scholarship in an Orwellian world is of no use whatsoever. Budd Dwyer realized that when he put the .357 Magnum in his mouth and pulled the trigger. Budd spoiled their expected 50 years of “fun” in slowly torturing him to death (Sorry, Edgar!). THAT’s what the rest of some of us can expect – sooner or later. Of course, THEY will find a way to exterminate several thousand or million of us to speed things up a bit! Think of 911, 311 “earthquake”, GOM Oil Spill, Sumatra “earthquake”, Iraq, Afghanistan, Iran, etc.

    MISTRIAL – HaHaHA – I’m rolling on the floor, laughing hysterically! We’d have more success rejuvenating John Wayne and sending him to storm the Victorville Penitentiary with a posse to get Edgar out!

  6. Little Scholar permalink
    April 9, 2012

    GodSend

    Thanks for your reply.

    I’m in a state of shock. My March 15, 2012, posts above were made soon after I had gone online to see whether voice morphing technology existed, which was how I had landed into the Edgar Steele case. So I was a relative ‘newbie’ to this case when I wrote the above.

    It took a while for me to read through comments on Steele’s case, and then read some of his writings at ConspiracyPen, before I finally began to actually read the transcripts of the 2/26-5/5/2011 trial:

    http://www.free-edgar-steele.com/426/transcript-of-the-boise-trial-7172011/

    Steele’s statement after the sentencing (pp. 49-111) was a masterful synopsis of the case:

    http://www.free-edgar-steele.com/wp-content/uploads/2011/11/11-09-11_steele_sentencing_final.pdf

    Words cannot describe my state of mind after having delved more deeply into the details of this mind-boggling affair.

    I feel helpless and heavily burdened, because I see what happened.

    Two government-fabricated recordings were the prosecution’s ace in the hole. The prosecution was counting on the Steeles’ ignorance about voice morphing technology, and/or on the defense’s inability to present its expert witness testimony casting doubt on the authenticity of the recordings (the judge disallowed expert witness Dennis Walsh and played crack-the-whip with George Papcun … the same George Papcun who perfected and named ‘voice morphing technology’ in 1999 at Los Alamos National Laboratory).

    If the ignorant wife (Cyndi Steele) heard the recordings and said she recognized what she believed to be her husband’s voice talking to handyman Larry Fairfax in a murder-for-hire plot to kill her and her mother with pipe bombs on the two family cars, it would “authenticate” the recordings (since Larry Fairfax would also testify that they were accurate), sealing Steele’s doom.

    If Steele figured out what was going on and tried to call his wife and warn her, he could be, and was, charged with witness tampering, adding 20 years to his sentence. Hogtied coming and going. The perfect snare.

    Perfect, because the judge orchestrated the trial with bias towards conviction and then came up with perfect reasons for denying a new trial.

    I have just enough experience with the people controlling the lowest echelons of society that I immediately knew Edgar Steele would be tortured in prison. They will lie about his behavior and ‘document’ it, then punish him for things he didn’t do, or deprive him of sleep and punish him for forgetting to do something. They have favorite techniques for assassinating people on paper, which provides the ‘legal’ justification for punishments.

    I’m distressed to learn about Budd Dywer, but I can see how he was forced to take his own life. I’ll look him up next, when I have time.

    The economic collapse has everyone scrambling to save themselves. There’s no money or time to invest in saving others. It’s every man for himself.

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