March 29, 2007

WA: Olympia port protest trial over

Mistrial? Mistrial. Case dismissed, but not for the reason you'd think, and not for the reasons the defense wanted.

Tell you more once the story makes The Olympian and OlyBlog. Until then, be careful with your work product and remember, there's no such thing as a "secure listserv."

Bonus link: what do Athens, Ohio and Olympia, Washington have in common? Chapters of SDS, the new group reviving an old brand, Students for a Democratic Society.

Update 3/30/07: it made The Olympian:

The trial of 15 people who protested last year at the Port of Olympia ended in a mistrial Thursday after the judge learned confidential jury information was sent out over a compromised e-mail listserv used by the co-defendants...

Compromised, but not by Homeland Security or law enforcement. Despite the speculation in the article's comment section, this was a screw-up, not a conspiracy, while arguably it could be contempt of court. It was the defense team that posted the juror questionnaire information to the "secure" listserv, which had more subscriber e-mail addresses on it than the number of pro se defendants and defense lawyers.

Olyblog has video and commentary from the scene of the trainwreck:

* Profiles of the jury pool were sent to an email list that included defendants, lawyers, former defendants, and other members of the legal team. The information discussed through email is protected under attorney-client privilege. This information was inadvertently sent to about 10 former defendants.The defense team immediately noted the error and sent an email to unauthorized recipients instructing them to disregard and to delete that email...

* Does it matter how the prosecution obtained the information? Unless it was through illegal means, no crime. Someone from the defense messed up, period. Try another method of communication - Riseup LISTSERV is hardly secure and easily compromised...

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