GUILTY GA - Lauren Giddings, 27, Macon, 26 June 2011 #13

[SmoothOperator]

I'm curious, as maybe others are, as to why certain things are done in this particular case.

BTW, If SM didnt' post ALL those posts from his computer, then what? If others used the SOL moniker, as we've possibly seen, then what? They really should/would want to, nip any doubt and that may require subpoenas if SM posted from other computers.

Actually I haven't a clue.. I do not know what procedures that the DA went through in verifying SM as the author of the "specific post".. None of us know.. My only point was that Winters was under ZERO obligation to present evidence/witnesses to back up the authenticity of that specific post at the bond hearing..And that there would not necessarily have been any communication nor subpoenas between the DA and the website in question due to the fact that they have in their possession all of SM's computers and hard drives.. "IF" SM is in fact the author of the post it's very likely that deleted or not FBI/GBI computer forensics would be able to easily find SM's forensic fingerprint on his hard drive indicating that he accessed the exact URL in question at the exact time the post was made.. IMO that is sufficient proof that SM is in fact the author of the post..

Unless we want to use good ol' Maintenance Man escape goat and attempt to say that MM broke into SM's apt at that very specific time and date.. Logged onto SM's computer.. Went to the website in question and posted that "specific post" under the moniker SoL that SM was known to use..:crazy:
To my knowledge the only creepy crawler that was entering apts unwelcome and unbeknownst to the apt resident was Stephen McDaniel..not MM..

**please note I am not claiming that SM is the author.. I personally do not have a clue as to whether that is a fact or not.. Only time will tell.. And that's ONLY "IF" Winters chooses to use this specific post during the actual trial..

Moo..moo..moo..


____________________...
Posting via mobile as well as via tablet so plz forgive all typos.. Btwn the sucky touch keyboard and the obsessive auto-correct it's a big ol' mess :crazy:

 

[SmoothOperator]

Now with this, I will agree -- well, partially. I've thought since the beginning that this post was never intended to be (and won't be) in evidence at trial. Personally, I don't think they have any intention of using any of the internet posts at the trial. IMO, of course.

I do think it could come into play later as grounds for a venue change, or something of that nature.

Above BBM.. :waitasec: .. And again this was exactly my point and opinion regarding this "specific post"..



____________________...
Posting via mobile as well as via tablet so plz forgive all typos.. Btwn the sucky touch keyboard and the obsessive auto-correct it's a big ol' mess :crazy:

 

[Sonya610]

Unless we want to use good ol' Maintenance Man escape goat and attempt to say that MM broke into SM's apt at that very specific time and date.. Logged onto SM's computer.. Went to the website in question and posted that "specific post" under the moniker SoL that SM was known to use..:crazy:

**please note I am not claiming that SM is the author.. I personally do not have a clue as to whether that is a fact or not.. Only time will tell.. And that's ONLY "IF" Winters chooses to use this specific post during the actual trial..

Moo..moo..moo..

Yes. The DA could have rock solid evidence but decide to have a little fun and present false evidence at a bond hearing....because it will make the surprise of the REALLY GREAT EVIDENCE so much better and it will also challenge the attorneys that get paid to appeal the death sentence again and again after conviction (The Georgia tax payers love those appeals!).

All a clever plan. Really really clever. Maintenance man vs. DA having a bit of fun before presenting the REAL evidence.

Both pretty wild theories....the maintenance man theory sounds more plausible.

 

[Backwoods]

Here is some local coverage of the bond appeal that I don't believe we've had here -- posting it, a little late, because I think it may give a few snippets of info we haven't heard:

Lawyers: McDaniel's Bond Unconstitutional, File Appeal


...Hogue says the defense team will present new evidence during the appeal hearing to get bond lowered. ...

...Hogue says he plans to file motions for bond in the burglary and sexual exploitation of children charges next week. ...

read more at: http://www.41nbc.com/news/local-news/11627-lawyers-mcdaniels-bond-unconstitutional-file-appeal

 

[Sonya610]

Here is some local coverage of the bond appeal that I don't believe we've had here -- posting it, a little late, because I think it may give a few snippets of info we haven't heard:

read more at: http://www.41nbc.com/news/local-news/11627-lawyers-mcdaniels-bond-unconstitutional-file-appeal

Nice find Backwoods!

Wow. Hogue is starting to strut his stuff. I was a bit concerned about the CP thing, as attorneys can sign on for one charge but refuse to take another (i.e. Chester Burge sodomy charges).

Hogue is one very talented attorney, humble and appealing yet great with words and highly intelligent. This is a trophy for him and I pity the man that goes against him.

Funny how the Telegraph didn't cover this; it goes against the 8th Amendment?

Attorney Franklin Hogue says, " In our case we were in a position to not only ask for it, but be entitled to it. So if we're entitled to it then it ought to be one that's real." The defense was entitled to the bond after the District Attorney's office failed to file a grand jury indictment within 90 days of McDaniel's arrest.

Hogue says the defense team will present new evidence during the appeal hearing to get bond lowered. The defense asked bond be set at $100,000 during a bond hearing in early April where they presented 20 pieces of evidence supporting that figure.

 

[southern_comfort]

Above BBM.. :waitasec: .. And again this was exactly my point and opinion regarding this "specific post"..



____________________...
Posting via mobile as well as via tablet so plz forgive all typos.. Btwn the sucky touch keyboard and the obsessive auto-correct it's a big ol' mess :crazy:

Touchscreens and my fingers don't get along well at all, so you have my empathy.

I think where we differ is that I believe the post could possibly end up having a significant effect on the course of the proceedings, even if it was never intended to be and never is brought up at trial.

 

[GeorgiaSunshine]

Yes. The DA could have rock solid evidence but decide to have a little fun and present false evidence at a bond hearing....because it will make the surprise of the REALLY GREAT EVIDENCE so much better and it will also challenge the attorneys that get paid to appeal the death sentence again and again after conviction (The Georgia tax payers love those appeals!).

All a clever plan. Really really clever. Maintenance man vs. DA having a bit of fun before presenting the REAL evidence.

Both pretty wild theories....the maintenance man theory sounds more plausible.

The defense of McD isnt being paid by tax dollars. It has been cited many times in articles that his Defense is being privately funded.

 

[tomkat]

Afterwards he says...

Ummm…that is a post that comes from…the postings that he does. Your Honor..ummm….there is NO DOUBT that Mr. McDaniel is entitled to a bond (and the rest is about bond stuff...). (Funny how he emphasizes "no doubt" right after the internet post thing eh? No subliminal message there?)

I don't see how people can claim he is mincing he words. Yes, he speaks in a strange manner, almost as if English is his second language, but I think that may be because he is not comfortable explaining evidence regarding computers or the Internet. He clearly states that McDaniel posted this under the name SoL and that they confirmed SoL was McDaniel...and that "he" posted it.



Yes I do think you are correct. He doesn't understand that "Internetland" stuff so he assumes that it is a big gray cloud like thing that most others don't understand either (obviously the judge doesn't). They found stuff in Internetland and it looks real so they presented it in court, who else understands that stuff enough to question it? Yeah, maybe the defendant would question it but surely he can't prove or disprove what he posted so... it's his word against theirs!

Also the GBI had that computer for WEEKS and finally found the CP, they were "almost done" at that point. The GBI would have found and pursued those internet posts early on IF they had found them or IF they pursued that angle. Do we know if this was the school issued computer? If it WAS McDaniel might have used a browser that doesn't cache pages or store history of sites visited, especially if he were looking at *advertiser censored* and such on occasion. Wouldn't want the IT guys at the school coming across that in the event the machine crashed.

And I won't even comment on the Telegraph other than to say I am disgusted with them! They choose to leave out stories that don't "fit their agenda" so it makes one wonder what ELSE they are leaving out???

(PS you can read the 13wmaz posts without having facebook, you just have to make the comments display, I never log into Facebook).

Maybe pure and simple, BUSTED...........LOL

 

[bessie]

Actually I haven't a clue.. I do not know what procedures that the DA went through in verifying SM as the author of the "specific post".. None of us know.. My only point was that Winters was under ZERO obligation to present evidence/witnesses to back up the authenticity of that specific post at the bond hearing..And that there would not necessarily have been any communication nor subpoenas between the DA and the website in question due to the fact that they have in their possession all of SM's computers and hard drives.. "IF" SM is in fact the author of the post it's very likely that deleted or not FBI/GBI computer forensics would be able to easily find SM's forensic fingerprint on his hard drive indicating that he accessed the exact URL in question at the exact time the post was made.. IMO that is sufficient proof that SM is in fact the author of the post..

Moo..moo..moo..


____________________...
Posting via mobile as well as via tablet so plz forgive all typos.. Btwn the sucky touch keyboard and the obsessive auto-correct it's a big ol' mess :crazy:

respectfully snipped

His ISP would also have records of his web travels. Speaking of which, I'd like to know how he connected to the internet. I can't believe he'd be foolish enough to make questionable posts while logged in through the Mercer network. His apartment was close enough to the campus that he might have been able to connect wirelessly. If he did, that server would contain some of his digital history, probably more than an ISP would store. In any case, I hope we hear something soon.

 

[tomkat]

Actually I haven't a clue.. I do not know what procedures that the DA went through in verifying SM as the author of the "specific post".. None of us know.. My only point was that Winters was under ZERO obligation to present evidence/witnesses to back up the authenticity of that specific post at the bond hearing..And that there would not necessarily have been any communication nor subpoenas between the DA and the website in question due to the fact that they have in their possession all of SM's computers and hard drives.. "IF" SM is in fact the author of the post it's very likely that deleted or not FBI/GBI computer forensics would be able to easily find SM's forensic fingerprint on his hard drive indicating that he accessed the exact URL in question at the exact time the post was made.. IMO that is sufficient proof that SM is in fact the author of the post..

Unless we want to use good ol' Maintenance Man escape goat and attempt to say that MM broke into SM's apt at that very specific time and date.. Logged onto SM's computer.. Went to the website in question and posted that "specific post" under the moniker SoL that SM was known to use..:crazy:
To my knowledge the only creepy crawler that was entering apts unwelcome and unbeknownst to the apt resident was Stephen McDaniel..not MM..

**please note I am not claiming that SM is the author.. I personally do not have a clue as to whether that is a fact or not.. Only time will tell.. And that's ONLY "IF" Winters chooses to use this specific post during the actual trial..

Moo..moo..moo..


____________________...
Posting via mobile as well as via tablet so plz forgive all typos.. Btwn the sucky touch keyboard and the obsessive auto-correct it's a big ol' mess :crazy:

I personally think he didnt' have anything else, the reason nothing more substantial was presented.................Personally I didnt' question whether he needed witnesses. I think we all hoped for good ole damning DNA. None of know anything, only all speculating, yet we are all sucked in again and again to make our claims! LOL. MOO

 

[tomkat]

respectfully snipped

His ISP would also have records of his web travels. Speaking of which, I'd like to know how he connected to the internet. I can't believe he'd be foolish enough to make questionable posts while logged in through the Mercer network. His apartment was close enough to the campus that he might have been able to connect wirelessly. If he did, that server would contain some of his digital history, probably more than an ISP would store. In any case, I hope we hear something soon.

Why? He was just as foolish to commit the crime after having all/if any, the questionable posts on his own computer. I mean, that's the first place authorites look. So no escaping that. Maybe they'd find his posts anywhere he posts, but especially easy to find dirt on him from his own computer......and quick

 

[tomkat]

Yes. The DA could have rock solid evidence but decide to have a little fun and present false evidence at a bond hearing....because it will make the surprise of the REALLY GREAT EVIDENCE so much better and it will also challenge the attorneys that get paid to appeal the death sentence again and again after conviction (The Georgia tax payers love those appeals!).

All a clever plan. Really really clever. Maintenance man vs. DA having a bit of fun before presenting the REAL evidence.

Both pretty wild theories....the maintenance man theory sounds more plausible.

I wouldn't waste my time, this isnt' fun and games, this is a girls life.... I know the narcissists out there like their games tho! MOO

 

[tomkat]

I did wear a bright pink blouse to work today. Many people remarked about how pretty and spring-like I looked. No one knew the real reason I chose that color, but that's okay. I knew. So in my own way, I was honored to join Lauren's family and friends, and the rest of you guys, in remembering Lauren on her birthday.

For Lauren

Tomkat, my prayers for your family. My family remembers a special lost loved this month, too. :hug:
​

​

GOD BLESS YOU BESSIE ! Prayers to you and your family as well!! A month we will certainly NEVER forget!

 

[tomkat]

Not to beat a deceased horse here but....

There has been much speculation about using the computers cache to recapture posts instead of getting the data from the web host. Some have pointed out that there IS software that can do that.

Well heck yeah, that played a huge role in the Casey Anthony trial, the prosecution used software called CacheBack to analyze the home computer's cache and stated she searched "how to make chloroform" 84 times (a huge pivotal point in their case to show premeditation which appears to have been be required to ensure the death penalty, at least according to what others are saying, wouldn't that apply to McDaniel's case too, or no?). Turns out that was wrong and they knew it, the word chloroform was searched for ONCE but they had experts testify to the claim of 84 searches in court.

Apparently the software developer realized the mistake and reran the counts, then documented it all and sent it to the prosecution, he even offered to fly down at his own expense to clarify the error but the prosecution ignored him and went on with their plan to use the false info anyway.

Did Casey Anthony Prosecutors Know 84 Chloroform Searches Were Wrong? - YouTube

Anyway, considering how much pressure is on the prosecutor in this case McDaniel is darn lucky that the FBI and GBI processed the majority of evidence (if in fact there isn't much evidence). If there was any temptation to "supplement" the evidence (not that there would be...just sayin'...apparently that happens more than one would think) the other agencies wouldn't have a reason to go along with it; their careers and reputation are not going to be damaged if the case is lost, but certainly could be if they played along with falsehoods strictly for the benefit of OTHER agencies!

I would think it means the evidence will be fairly untainted, whereas it seems in many cases it is not. It honestly shocks me that the prosecutors would knowingly state the 84 claim in a trial such as that, it would definitely come out and be the subject of a mistrial or appeal if they had gotten a conviction. I guess I have been a bit naive regarding what really goes on in cases like this.

And probably no one involved in a case, from beginning to end are immune to their tactics. As has been claimed in the MPD early on and other LE, they'll always USE whatever they can to hold someone, or take it to a level that need. I pray their is no deceit at trial in this case though, THAT'S TERRIBLE !!!!

 

[Sonya610]

His ISP would also have records of his web travels.

ISPs generally don't keep track of the websites you visit, they only keep track of what IP you used. It is a privacy thing as well as a data storage issue. Now private networks like Mercer could track that if they wanted to.

http://news.cnet.com/8301-13578_3-10448060-38.html

I pray their is no deceit at trial in this case though, THAT'S TERRIBLE !!!!

Yeah, I think because the FBI and GBI processed both the DNA and computer evidence it will be clean. What gets me is when the issue of prosecutorial misconduct comes up people will defend it as okay because they need to do whatever is necessary to put the "guilty bad guys" away.

Sheesh that is like a stupid woman saying while a guy may have beaten/cheated on the EX-girlfriend...but that was because the ex-girlfriend was bad and deserved it. She feels sure he wouldn't do that to her/daughter/sister because she is a GOOD person and he loves her. Uh huh. If they will do it to someone else they will likely do it to you and your loved ones too.

 

[AgentFrankLundy]

Okay now I do feel like we are beating a dead horse, but keep in mind, even if computer forensic evidence proves that the mysterious barbecue v-card posting did come from "SOL" and can even be traced back to McD's IP address or computer, that still doesn't prove that he sent it! I agree after reading teh transcript (thank you ) that Greg Winters did fumble his words , and could possibly be in big trouble. Agree with you Sonya, I don't understand trying for the death penalty here at all. I thought it was a ploy to try to get McD to confess, but I have been led to believe that is not the case. I have previously stated that was one of the main reasons one of the jurors used to find Casey Anthony innocent, because the DA sought the death penalty and they could not prove cause of death. We have the exact same situation here. I also assume the turning over of evidence we have heard so much about today is a private affair between the DA and Hogue and Buford not involving a courtroom. I have seen nothing on 13WMAZ or Macon.com about it . Also agree that Hogue is very impressive, at least he seems that way to me . Let's hope Joe and Amy Leigh will give us some tidbit soon.

 

[AgentFrankLundy]

http://www.macon.com/2012/04/20/199...f-from-prosecutors.html#storylink=rss#wgt=rss Here you have it , the story of the exculpatory evidence hand off . It was a banker's box , so it must have been a lot of stuff.

 

[Sonya610]

Okay now I do feel like we are beating a dead horse, but keep in mind, even if computer forensic evidence proves that the mysterious barbecue v-card posting did come from "SOL" and can even be traced back to McD's IP address or computer, that still doesn't prove that he sent it!

Yeah, and honestly that post was so "sub-culturish" only someone from that website could have written it. Definitely not typed out and sent off by the MPD or other investigators that had access to the machine.

I have previously stated that was one of the main reasons one of the jurors used to find Casey Anthony innocent, because the DA sought the death penalty and they could not prove cause of death.

Yuppers. If the DA had gone for murder or manslaughter the jury would have probably been comfortable with that. But death penalty? The stakes were too high and they just didn't have the goods to push things that far. If you, a stranger, ask me to "kill someone" based on my decision you had better convince me it is necessary and justified.

We have the exact same situation here. I also assume the turning over of evidence we have heard so much about today is a private affair between the DA and Hogue and Buford not involving a courtroom.

I think it stays private until trial. Hogue is likely sitting in a comfy chair with his feet up, having a drink, and reading all of the evidence right now, highlighting certain items. Gosh to be the cat sitting on the back of his chair!

 

[3doglady]

http://www.macon.com/2012/04/20/199...f-from-prosecutors.html#storylink=rss#wgt=rss Here you have it , the story of the exculpatory evidence hand off . It was a banker's box , so it must have been a lot of stuff.

Oh, I wish GA had the Sunshine law. That would be an interesting read.

 

[pearl]

I'm confused yet again. What kind of evidence was given to the defense today? Was it all of the evidence or just evidence that tends to exonerate SM?