Mike Marshall was part of the raiding party when Landslide offices were searched. His career started as a traffic cop with Dallas PD and it has been reported elsewhere on the Internet, that he was asked to leave in relation to forcing himself onto a prostitute and being a suspect in the murder of another.
After a long career with Microsoft, he went on to set up an Internet Bureau to prosecute Landslide, armed with an $800,000 government grant and an office at Dallas PD, subsequently leaving when his history came back to haunt him.
Sufficient evidence has been presented to demonstrate that evidence and testimony supplied by USPIS and Dallas PD is unreliable for use in court in the UK or in the US. The false statements by Detective Steven Nelson, demonstrate amateur attempts to pervert the course of justice, however, he did not act alone, the task was set up for him by an employee of Microsoft at the time; Mike Marshall, who went on to provide technical evidence at the Landslide trial. Mike Marshall set up visual route, web buddy and the video capture system for Nelson, though the video walked and the web buddy told a different story to Detective Nelson.
Mike Marshall did have technical knowledge, but his failure to disclose the truth about the Landslide banner, is explained either by the fact he had not examined the issue in detail, or he wilfully attempted to mislead the court by feigning ignorance. That issue was technically simple, though had he told the whole truth, testimony by USPIS and Dallas PD would have been evidentially dismantled.
There was an issue that was more involved, where it was clear that Mike Marshall claimed to have intimate knowledge of the workings of the Landslide website.
Mike Marshall (Chief Investigator for the Internet Bureau of the Attorney General) direct Moore Landslide trial (V2 P353-354) 28/11/2000 (US evidence)
The customer makes a request to the porn site saying, "I would like to log on. Is my user ID valid?" The web site redirects that request back to KeyZ asking for validation of that user ID. KeyZ validates the user ID as being either valid or not valid and passes that information back to the child pornography site. I need a click of the mouse. And access is granted from the child pornography site. And at that point the customer then interacts and views child pornography from that site. So basically out on the internet, there's a large group of customers, there's a large group of child pornography sites, and in the middle is Landslide/KEYZ.COM basically being the gatekeeper between those two components.
BY MS. MOORE:
Q. So is it your understanding that a customer could not -- a subscriber or customer could not gain access to a child porn site unless they went through Landslide or KeyZ first?
A. During the time period of this investigation when I was assisting Detective Nelson there were times that Landslide/keyz.com was down. For whatever reason they were not available, and during that time that they were not available, Detective Nelson was unable to get to the child pornography site. If they took KeyZ out of the picture, the customers were not able to access those child pornography sites.
Mike Marshall made a full presentation of his version of events for the prosecution, Judge Means prevented the defence from doing presenting their version of events. There are a number of falsehoods just in the extract presented. The evidence of Mike Marshall was challenged on appeal, but the judge said the evidence was generic and could be given by any expert.
Judge Jerry E Smith (US v Reedy) Landslide appeal (US evidence)
The Reedys have not pointed to any evidence that they would be likely to win an acquittal at a new trial. Marshall's testimony was generic, expert testimony, and the government could always replace him with another expert.
The judge was wrong, this was prejudicial evidence, both for Landslide and for subscribers, it related to technical details which were highly specific to the intimate workings of the Landslide system, required considerable investigation to expose the issues, yet Mike Marshall presented false evidence to the trial under oath. Several falsehoods were presented, one has been highlighted in bold. The government could doubtless find another expert, but if the expert told the whole truth, evidence fundamental to the original trial would have been destroyed.
Either Mike Marshall had investigated and decided to make up a story, or he simply made up a story that fitted what the prosecution wanted to present to win the trial. Either way, it has come to light, that his evidence is false, clearly with implications for both the trial and the appeal. As it happens, if Detective Nelson was really unable to access websites because the KeyZ site was down, he has unwittingly evidenced the incompetence of Detective Nelson.
It has been known for some time, that incriminating evidence had been manufactured. There is from there, the issue of proving it, proving who did what, and how such evidence is brought it into play, that justice may be served. On the UK side, we return to recent disclosures in the UK in relation to technical evidence.
Sam Type (Dallas PD) in court 10/05/2005 (UK evidence)
Q. Now, please help me with this. If you never saw the Landslide computers yourself, and forget the MD5# questions for a moment. okay? You tell us that the image is an image of the computer from which the image was taken on the date of the image. How can you, Dr. Type, sitting in your lab in the UK, satisfy yourself that the image that you're looking at is an image of the computer as it would have been working on the 8th September 1999?
A. I can look the access dates on the files in order to see which ones had been - - sorry, modified dates on the files to see if any had been changed since that date.
Q. Right, and did you do that?
A. Yes.
Q. What did you discover?
A. That some of the files on the system had been changed after that date. None of the ones that were essential to the operation of the website.
Q. I'm sorry, I didn't catch that?
A. But none of those that were essential to the operation of the website.
Q. Right. So which files had been accessed or altered or modified?
A. I haven't got a specific list. Some were accessed, very few were modified. They were dotted all over the computer. There were various ones.
Sam Type, part of a small clique of experts working for SOCA, admitting in court that the forensic evidence had been contaminated. It is not difficult to tamper with computer evidence in a way that would not be noticed, yet the evidence had been corrupted was picked up, admitted, but it didn't matter.
Both the competence and reliability of this partner of SOCA, are examined in considerable detail by a career expert who came under attack after his work exposed fundamental flaws in Operation Ore. Jim Bates no doubt became suspicious, certainly he went on to analyse the work of Sam Type and other forensic experts working for SOCA, the latest findings are presented here.
Jim Bates (forensic expert) 23/05/2005 (UK evidence)
The shambles known as Operation ORE has brought the legal system in the UK into increasing disrepute by attempting to present intelligence as evidence and then using that 'evidence' with the connivance of Dr Type (and others), to convict people of incitement when no 'hard' evidence was available. This in spite of a ruling that the UK legal system had no jurisdiction to bring such prosecutions in the first place.
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