Friday, August 7, 2015

FOIA Ruling Appeal Filed versus Sandy Hook Newtown

Wolfgang Halbig has filed his Administrative Appeal with Superior Court in New Britain, Connecticut.  This appeal is regarding the decision of July 8, 2015 - FIC Complaint #2014-461,  Wolfgang Halbig vs  Newtown et al.

The appeal is based primarily on the absurd idea that the Newtown Police falsified the Police Dash Cams of the 12-14-12 massacre at Sandy Hook Elementary School.

Direct link to the Administrative Appeal may be found here:

This is the same court house as is hearing the Courant/Altimari's appeal.

The first thing that struck me is Halbig's endless supply of litigation cash.With at   least four attorney's working on behalf of Halbig, there is obviously no shortage of funding for Halbig's vexatious litigation launched on behalf of Sandy Hook Conspiracy Theorists.   Halbig's countless fundraising appearances on internationally broadcast programs must be filling his cofers nicely.

As to the pleading itself, presumably drafted by Kay Wilson, it is a poorly written disorganized mess; par for what we have seen from Halbig's side. Let's go through it.

SINKO's DVD = Is it Bad faith by Kay Wilson when it's been proven the Dash Cams are authentic?

The primary allegation in the complaint concerns the Dash Cams Halbig received as a part of his FOIA Request. As we know from the hearing and subseqent media interviews by Halbig, he is claiming that because 'there are no date and time stamps' the DVD's are forged or alterned by the police.

It has been conclusively proven the time stamps are there; Halbig merely has to right click on the DVD and select "Enable Closed Captions" and the time stamps will appear.  The FOI Commission found the Dash Cams were authentic; as authenticated by Newtown's Police Chief Michael Kehoe.

One for one wonders if Newtown is going to allege bad faith on the part of Halbig or his attorney because it is undeniable that  Halbig did  in fact receive authentic DVDs.

Why do I say there could be a finding of bad faith here?   Because I think L. Kay Wilson is either outright intentionally lying about the DVD or, at a minimum, has not conducted a reasonable inquiry prior to leveling very serious accusations at Newtown, thus is negligently spreading misinformation.

Two people are known to have received copies of the DVD's Halbig received; Sandy Hook Facts (us) and Wolfgang Halbig's former webmaster and administrator, Thomas Lapp.  The only one of the three stating there are no time stamps is Wolfgang Halbig. Let's look at the facts:

  1. Wolfgang Halbig demonstrates awareness of SHF's publishing's on the DVD's when Wolfgang showed the FOI commission a screen shot of our video (and logo) and questioned Chief Kehoe by showing him a screenshot of our video during the FOI hearing. Halbig has mentioned or alluded to our Dash Cam videos during several press interviews.
  2. SHF published the work orders showing the make and model of camera's in use on December 14, 2012.  We also published links to the user manuals of the camera systems available on the manufacturers website.
  3. The documents clearly prove that the camera is a Watchguard DV-1 and that the Time Stamps are saved to DVD with Watchguard's proprietary closed caption time stamp technology.
  4. Former Sandy Hook Justice Administrator, Halbig's right hand man, and self-professed tech guru, Thomas Lapp agrees with SHF.  Lapp reports in facebook postings that Halbig mailed him a copy of the DVD to analyze.  Lapp published  his findings as follows:
    " I am in the process of analyzing exact duplicates of the ones in evidence. I am using the software provided by the camera manufacturer Watchguard ...
     I ran the authentication procedure using the Watchguard DVD manager and the application indicated that it passed, [indicating] that there was no tampering..
     timestamps and meta data is stored on the closed captioning layer of the dvd disc. It can be read using the Watchguard DVD Manager software, or it can be displayed using Windows Media Player. 
     Also, if you use the export feature in the DVD Manager to export to MPEG-2 format, unfortunately it does not export the captions as well, so all you have is regular video.
  5. Therefore, Wolfgang Halbig's own tech guru completely affirmed our own published findings and proves Halbig and Wilson are misinforming the public and the court.  The Dash Cams have embedded time stamps.   That is the technology in play with those devices.  Why doesn't Halbig mention Lapp's findings? 
  6. SHF published a video demonstrating how the Time Stamps work.  Some members of Halbig's inner circle subsequently published acknowledgements they were wrong about the time stamp.
  7. SHF Forwarded the technical information to Halbig's attorney, L. Kay Wilson in an email and L. Kay Wilson responded disputing me; however, she did acknowledged receipt.

    Since you are continuing spread misinformation, I have obtained the technical specification of the Dash Cams from the Newtown Police Department and WatchGuard, the manufacturers of the Dash Camps.  

    I have published an article about those specs...

    Titled "L. Kay Wilson Debunked".
  8. L. Kay Wilson did not call a single expert at the hearing to support the conspiratorial theory about the Dash Cams at the hearings.  Why not?
  9. Wolfgang Halbig has been told by SHF about the time stamps several times (when Wolfgang comments on our Google page), so he knows or reasonably should know.     Certainly a professional like Wilson should know.
There is overwhelming conclusive proof time stamps are embedded as part of these DVDs, these timestamps are in fact  a main proprietary selling point of these expensive pieces of equipment.

The question to me is, would a reasonable person, by now, have simply right clicked their DVD and enabled time stamps?  I wouldn't be surprised to get a bad faith finding here.  It seems to me there should be  a reasonable level of investigation by Kay before she leveled a baseless claims.

I also can't help but wonder how much in attorney fees is Newtown expected to shell out for Halbig's actions.  Is Newtown going to have to hire an expert?  Unfortunately, Connecticut law may only  allow the court to assess attorney's fees of up to $ 1,000 against the agency (or person) bringing the appeal (CGS § 1-206(d)).  Therefore it appears the tax payer might be footing the bill for whirlwind Halbig's fund raising tour and gimmicks.  Hopefully the courts see through Halbig's charade and at least award the $1,000; he can obviously afford that though.

Subpoena issue buried in the pleading
As part of the appeal statement on DVD's, Wilson snuck in a little statement about the subpoena's, tucking it away within the same paragraph as DVD's, writing "It should be noted [Monte cancelled two of my witnesses]."

It is unclear if this is amateur hour pleading by Kay or she intentionally buried that entire issue within the DVD issue because she doesn't intend to pursue that issue on appeal.  If she does intend to pursue the subpoena issue, why didn't she protect her clients rights by challenging it formally at the hearing?  Did she waive her right to appeal by not acting to enforce her clients rights?

Items not ruled on
Next. L. Kay Wilson decided to appeal the fact that the Commission did not individually address every request Halbig made.

Wilson apparently did not notice this issue before the  Commission meeting on July 8, 2015, because she did not bring it up at the Commissioner's meeting. Sandy Hook Facts had already published that analysis, so had she read my blog post prior to her appearance, she might have gotten that one right to begin with. She also did not file a brief on this issue, so her client was hamstringed there, as well.

Can you appeal an issue you did not bring up at the hearing? Likely; however, this will be another interesting issue to watch.

Halbig is appealing the fact the commission did not rule on both the  Biohazard Contract and the Consent Agenda for Jan. 26, 2013.  Since we are in possession of the Sandy Hook Bio Hazard Contract, we can affirm that Newtown was not a part of that agreement; nonetheless, the appeal concerns the ruling, not the contract itself.

Connecticut State Police vs Altimari Appeal

As an update to that appeal, the ruling has been stayed and there are Pretrial Conferences set for 8-25-15 and 9-11-15.

If interested, that case is here.

SHF has an interest in that case since we were likewise denied many of the same items as Altimari.


Anonymous said...

...and the clown car continues to roll on.

Anonymous said...

Someone should set up a fund to hire lawyers to go after this clown on slander / defamation / fraud.

Anonymous said...

Only aproved comments allowed here.