I (Kirk Cottom) was Railroaded
The meaning of being railroaded according to my computer’s dictionary is to “press (someone) into doing something by rushing or coercing them.”
The timeline of the railroading is such:
July 28, 2015: I fly out to Nebraska to see Mr. Becker’s “evidence book”.
July 29, 2015: I view the evidence book with my Attorney, Mr. Howard and his “expert”, Mr. Kasel. I’m not impressed and order Mr. Howard to prepare for the Daubert hearing and trial. (If I won the Daubert hearing the case was over, if I lost the hearing we would proceed to trial, both scheduled for August 3, 2015.) I fly back to Rochester that evening and return to work the next day.
July 30, 2015 (8am to 4pm): Mr. Howard e-mails me all day, trying to get me to agree to allow him to negotiate a plea I’d enter into if we lost the Daubert hearing on August 3, 2015. I repeatedly order Mr. Howard to prepare for trial and that he did not have permission to negotiate any plea deal. He then tries to call me on the phone, I refuse to answer.
July 30, 2015 (4pm to 6pm): A little after 4pm, Mr. Slawinski e-mails me and asks if I would come to his office, I agree. Once there I’m ambushed by him, Mr. Howard and Mr. Gross to accept a “conditional plea” deal, that none of them had permission to negotiate. They coerce me into agreeing to the conditional plea by convincing me that it was like a “Nolo contendere” plea, when they knew that it wasn’t.
August 1, 2015: I fly back to Nebraska and inform Mr. Howard I don’t like the plea deal. He says lets focus on winning the Daubert motion.
August 3, 2015: I lose the flawed Daubert hearing. It was flawed because both the government and the defense experts perjured themselves on multiple issues. Their lies included:
1) Stating that the FBI’s Network Investigative Technique (NIT) was just the “exploit code”. (In my case a flash application.) This lie was debunked in subsequent litigation. (The FBI tried this false narrative again while prosecuting “Operation Pacifier” cases, based on the infamous “playpen” website. All those cases rejected this false narrative and adjudicated that the NIT consisted of 4 parts. That was “prejudicial” because my Daubert hearing was based on a knowingly false narrative.)
2) That perjury, exposed many others. Like lying about the code on TB2’s server. Those lies included: claiming that Tinyboard (the software that ran TB2) had a visitors table, claiming that Tinyboard issued sessionID’s to clients and claiming both the fraudulent items were admissible at trial when they knew they were both inadmissible per FED. R. EVID 803(6) & 803(8). That cause Mr. Becker’s team to present that data as “Expert Summary Evidence” to circumvent its exclusion from trial.
3) All Those perjuries helped hide the biggest perjury of this case, the fact that the NIT report (and it’s underlying documents, Dr. Edman’s computer logs, populated by his scripts) do not provide any evidence for a crime, because none of it has any information about images. This means that the Nebraska indictment was fraudulently obtained and thus invalid.
Since all the above is irrefutable, it is absolute proof that I was railroaded.