tag:blogger.com,1999:blog-5773240564919065511.post30714701743864373..comments2020-07-17T03:00:41.861-07:00Comments on Occupy Symposium: "Live Streaming, Occupy, and Omertá" by Sue BaskoOccupy Peacehttp://www.blogger.com/profile/09599034575520986997noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-5773240564919065511.post-84960027183625126212013-10-05T11:21:22.619-07:002013-10-05T11:21:22.619-07:00At a federal criminal trial concluded yesterday in...At a federal criminal trial concluded yesterday in Oakland, two livestreamers best known for separately covering Occupy Oakland testified for the defense: Jessica Hollie (aka Bella Eiko) and Nick Baban (aka Oaktown Pirate). However, their archived video images were instrumental in convicting the defendant. The incident in this case was not an Occupation, and the accused was not an Occupier. Nevertheless, dozens of protesters associated with Occupy Oakland were closely involved in the event, so I thought you might be interested in this development.<br />http://www.allvoices.com/contributed-news/15686503-drug-journalist-assaulted-us-marshal-jury-saysAlan Kurtzhttps://www.blogger.com/profile/11649147078397282212noreply@blogger.comtag:blogger.com,1999:blog-5773240564919065511.post-70210196902824108262012-04-09T17:00:45.003-07:002012-04-09T17:00:45.003-07:00ought and is are very different for folks when due...ought and is are very different for folks when due process failings are posed as a feature, Bradley Manning and Gitmo, rather than a bug, like the wiggle room of video and audio being illegitimate evidence.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5773240564919065511.post-90326309330578711772012-04-05T20:38:18.223-07:002012-04-05T20:38:18.223-07:00Love this site, love your twitter feed, agree w/mo...Love this site, love your twitter feed, agree w/most everything you've written here.<br /><br /> I can't tell if its' mostly ironic or amusing, perplexing or maddening in that I'm labelled a hopeless radical & rabble-rouser when in the midst of my workaday life - while being considered a reactionary apologist for the 1% in a group of other occupiers when I insist that intentional violence (as opposed to situational physical defense) will serve no good purpose and is a deal breaker for the vast majority of would be supporters. <br /><br />Thanks, rjFortunatoAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5773240564919065511.post-57800407685864023022012-04-05T20:04:34.635-07:002012-04-05T20:04:34.635-07:00Alan, I read someplace that BellaEiko was told by ...Alan, I read someplace that BellaEiko was told by a lawyer who may or may not represent one (or all) of the IceCream3 defendants that her video was used to identify who the people were who were present at the incident. If that is true, and I do not know if it is true that the lawyer said that or if what the lawyer said is true, that does not mean the video tends to show guilt or innocence of the charges. To my knowledge, there was never any real question about who was present at the incident. If the case goes to a trial, and if BellaEiko's video is used as evidence, it might tend to show guilt or innocence, or might be interpreted by some jurors one way and by others the opposite way. <br /><br />This is my guess, and I am going far out on a limb here. My guess is there was probably some sort of rude altercation that has been blown out of proportion into a huge crime. Last I heard, the defendants were charged with a hate crime and a robbery. To me, it sounds more like they were hanging around the sidewalk near an ATM or bank, which is never a good idea, and were disrespectful to a nearby resident, which is also totally wrong for any protester to do. But as for this being some big crime? Probably not. <br /><br />That's my take on it. We'll all have to wait and see what happens. Did some incident occur? Yes. Was it a big crime or any crime? We'll have to see what a jury says, if it ever goes to trial. Will video be used? If the case goes to trial and if the prosecution or defense wants to use it and if the judge admits it as evidence.<br /><br />AS for preliminary hearings -- The defense almost never presents any evidence, because there is no point in doing so. It isn't a trial and presenting evidence just gives a prosecutor advance notice of the evidence likely to be used. That is almost never to the defendant's advantage. The only purpose of a preliminary hearing is to show proof, on a very low standard of proof (probable cause) that a crime was committed and that the defendant was the person who committed the crime. I have sat through such hearings where all it is is a police officer reading the arrest report.<br /><br />- SueSue Baskohttp://occupypeace.blogspot.comnoreply@blogger.comtag:blogger.com,1999:blog-5773240564919065511.post-29210201451587590062012-04-05T19:15:09.765-07:002012-04-05T19:15:09.765-07:00Thank you for explaining this to me. I had no idea...Thank you for explaining this to me. I had no idea video is not readily admitted as evidence, nor did I realize that a preliminary hearing is merely perfunctory. So we can't draw any conclusions from Bella's video not being presented by the defense team.<br /><br />Also, Bella's belief that her video was "used 2 arrest Nneka" does not really contradict your original point that there's never been a case in this country "where a live streamer's video has been used to bring criminal charges." At this stage, we don't know what role, if any, Bella's video played in the District Attorney's decision to prosecute the IceCream3.Alan Kurtzhttps://www.blogger.com/profile/11649147078397282212noreply@blogger.comtag:blogger.com,1999:blog-5773240564919065511.post-30795304259492283772012-04-03T14:43:20.899-07:002012-04-03T14:43:20.899-07:00Alan, there are many unknown factors. There were...Alan, there are many unknown factors. There were two live streamers present at the incident and one has made mention of not seeing such acts as a robbery, of which the defendants were accused. If BellaEiko has detailed video, then it might be possible for either side, prosecution or defense, to use it, if the judge allows it to be admitted as evidence. It is not very easy to get a video admitted as evidence. If it is admitted as evidence, keep in mind that the very same video can be viewed and interpreted in different ways.<br /><br />As for the defense not using the video at a preliminary hearing - these are perfunctory hearings, the purpose of which is for the prosecutor to show the judge there is probable cause to have a hearing. Such cause is usually based on the complaint of the witness/ victim as told to and investigated by the police. The defendant is presumed innocent at this hearing and need not present any evidence. If there ever is a trial, and if the defense lawyer thinks the video would help, and if the video is admitted as evidence, then it would be shown. If the video is shown at trial by the prosecution, then the defense can also use it to show their point of view of what happened. Keep in mind that there is no such thing as a static piece of evidence; either side may interpret the same piece of evidence very differently.<br /><br />At this time, the defendants are presumed innocent. We won't know what evidence will be used until after the trials takes place, if they ever do.Sue Baskonoreply@blogger.comtag:blogger.com,1999:blog-5773240564919065511.post-60445283515691529492012-04-02T20:08:31.850-07:002012-04-02T20:08:31.850-07:00"In fact," you write, "I do not kno..."In fact," you write, "I do not know of a single case nationwide where a live streamer's video has been used to bring criminal charges. There is rumor of such in one case, known as the Oakland Ice Cream Trio, but this has not been verified and seems highly unlikely."<br /><br />One member of the IceCream3 is Nneka Crawford (pictured here http://www.sfgate.com/cgi-bin/object/article?f=/c/a/2012/03/06/BAAS1NGGI6.DTL&object=%2Fc%2Fpictures%2F2012%2F03%2F05%2Fba-OCCUPY06_SFC0107323788.jpg&type=newsbayarea).<br /><br />Nneka's best friend is livestreamer Bella Eiko, who video recorded the protest at which the IceCream3 are accused of a hate crime.<br /><br />As it happens, Bella is also the streamer to whose Ustream channel John Seal links in his "Transparency Essay" here on Occupy Symposium, when he writes: "A blessed few have been anointed as the chosen ones by the OO hierarchy."<br /><br />In a tweet dated 10:48 AM - 14 Mar 12 https://twitter.com/#!/BellaEiko/status/179987498703912960 Bella wrote: "I feel bad cause it was my video used 2 arrest Nneka who is my best friend. She called me 2 her. I'm not a snitch."<br /><br />Bella is a college student, not an attorney, so you're better qualified to determine whether or not her video was indeed "used to arrest" Nneka.<br /><br />What surprised me, as a non-lawyer, was that the IceCream3's legal team chose to not enter this video—which Bella provided to them at their request—as evidence in the recently concluded preliminary hearing that bound the IceCream3 over for trial. Common sense would infer that if the video proved their innocence, it ought to have been introduced to exonerate them. Hopefully you as a lawyer can shed some light on this. Thank you.Alan Kurtzhttps://www.blogger.com/profile/11649147078397282212noreply@blogger.comtag:blogger.com,1999:blog-5773240564919065511.post-90152099833498456272012-04-02T16:24:23.300-07:002012-04-02T16:24:23.300-07:00I love your take on the topic. The only reasons I ...I love your take on the topic. The only reasons I have witnessed why livestream hasn't happened in our area has been on the local college campus where there are a number of DREAM Act-eligible folks who don't want to be deported. Other than that its livestream all the way. It only gives us more arrows in the quiver to take down the vampire squid, not less.<br /><br />Anyway, well done.Anonymoushttps://www.blogger.com/profile/13680926505379014228noreply@blogger.com