Urgent!! Knife Expert Needed In Orange County Calif For Trial Tomorrow

Jim March

Knifemaker / Craftsman / Service Provider
Joined
Oct 7, 1998
Messages
3,018
If you have experience as a knife *dealer* or *designer* or anything close, a man is going on trial tomorrow for possession of a "switchblade" - an ordinary linerlock 4" or so pocketknife. We need an expert witness on knife tech.

The man on trial is charged with NOTHING else.

If you can help, please call:

Adam Vining
Deputy Public Defender
714-935-7413
Adam.Vining@pubdef.ocgov.com

He got ahold of me through my website. I can't qualify as a court expert and I'm not local anyways.

Issues: the knife is a cheap Chinese linerlock :(. It may not have a detent. However it's at least stiff enough that it doesn't "fall open" under gravity. It has a pivot pin that is NOT adjustable to the user and apparantly hasn't been tampered with to make it snapopen easier...the bolt head is an odd "security" type with no signs of pliers adjustment or similar. A higher-end knife such as a CRKT might have a ball-bearing-type "detent" in the liner and matching divot in the blade when closed, but it makes no difference whatsoever in terms of snapopens.

Best arguments are probably that it hasn't been deliberately modded to snapopen and might have gotten sloppy over time (no intent to commit a switchblade carry crime), and that the presense of a ball bearing/divot makes no difference in terms of lethality. Finally, the knife almost certainly won't "gravity fall" so that can be described as a "bias towards closure" under PC653k. (And yes, a claim against the stop and search will be made too.)

If you can't get ahold of Adam, call me at 916-370-0347 if you can help.

Jim March
http://www.equalccw.com/knifelaw.html
 
Hey, Jim, how are things going? I do think about you every so often and I do miss you in the Forums.
 
Been insanely busy. Mainly dealing with electronic voting of all things. It's cool except I keep having to hang out with Liberals :). I'm spending late next week in Memphis going over election records to sort out what happened in a race and then on the 12th I'll be in Tucson AZ as the official party observer/watchdog in Pima County.

For the DEMOCRATIC party of Pima County. Strange bedfellows indeed :).

Just sent this off to the FBI yesterday...please do NOT contact the agent in question on this. Let this cook on it's own:

------

Attn: Agent David Schmidt, San Francisco Office, Federal Bureau of Investigation

8/29/06

Agent Schmidt,

Thank you for speaking with me by phone yesterday afternoon.

The files you need regarding Diebold Election Systems and their apparent "sidestepping" of the Federal voting system certification process are in a series of PDF documents I have created. Rather than attach them I'll provide weblinks, as your EMail server will probably strip attachments due to security concerns.

I am going to CC three additional activists in this field. The information contained herein has been generally broadcast on websites devoted to this issue. Please note that the latest hard evidence obtained by myself dates to 8/16/06 (page five, first link below).

Let me sketch out some background, as the document set was originally intended for agencies such as the California Secretary of State who would be familiar with the certification process.

* Voting systems are certified under a set of standards published by the Federal Election Commission. These "Voting Systems Standards" were last updated in 2002 so you'll see references to "certified to the 2002 standards" or similar.

* The FEC approves private test labs available for hire to voting systems vendors for system review. Currently there are three: Cyber (formerly Metamor) and Wyle, in voting system certification offices based in Huntsville AL and Systest in Colorado I believe.

* For many years the paperwork for certifications and the lab's recommendations "yay or nay" on a given system were reviewed by a quasi-private organization known as "NASED" - National Association of State Elections Directors. NASED is funded in part by the voting system industry and theoretically represents the interests of state-level election managers, either Secretaries of State (California, Florida, etc.), sometimes the Lt. Governor (Alaska, Utah, some others) and sometimes state elections boards. The final federal stamp of approval on a voting machine is known as a "NASED number".

* NASED's functions on election certification oversight are being taken over by the new EAC, Election Assistance Commission. The EAC hasn't fully come "up to speed" and is still largely a non-entity. NIST (National Institute for Science and Technology) is also getting involved, slowly, but again mostly isn't at the controls yet. Put simply, the improved election oversight processes mandated in the HAVA bill of 2002 (Help America Vote Act) have been under funded (or unfunded depending on who you ask) and are slow coming online.

* 37 states require Federal certification before the state considers a given voting system. These states mostly do either minimal or no analysis of the security and honesty of the voting systems themselves, relying on the "NASED number" as a stamp of approval. Only one state does full local source code review, North Carolina, and even they don't do it themselves - they mandate that political parties can hire up to five programmers each to do so. Shortly after passing this sole independent source code review law, Diebold abandoned all marketing efforts in North Carolina citing this law.

The core issue that we are complaining about regards misconduct by Diebold - to be blunt, they mislead the certification staff and process about their products and in so doing evaded oversight of much of their key code. The effect was to prevent anyone outside of the company reviewing large amounts of custom software written and maintained by Diebold and functioning in their touchscreen voting systems. This is a fundamental violation of both the certification and the fundamental reason for certification.

This core misconduct is outlined in the following two documents:

http://www.equalccw.com/wincefraudwalkthrough.pdf - an overview of Diebold's Windows CE-related fraud. Five pages.

http://www.equalccw.com/rrlee-wincedeclaration.pdf - the declaration of Dr. Richard Lee. This document must always be attached to the "Walkthrough" article above. Three pages.

Those documents represent an investigation occurring over a period of three years by numerous citizens concerned about the direction electronic voting is headed. I believe there is enough "probable cause" here (or available with a brief review of the public records pointed to) to warrant (pardon the pun) subpoenas and examination under oath.

Please understand that neither myself nor anyone else paying attention to this issue believes that this is Diebold's worst "sin" in terms of basic computer security violations. Rather, it is the most blatantly illegal and the aspect of their misconduct that you will have the strongest legal grounds to investigate.

In addition, some evidence points to persons unknown within NASED taking active steps to cover up this specific misconduct. It is not as solid or multi-layered an investigation to date but it's intriguing and if it holds, the implications are frightening. This same oversight process reviews all electronic voting systems in the US.

http://www.equalccw.com/thenasedblues.pdf

Those are the core documents.

In addition, I have prepared a 12-page broader overview of what else Diebold has been up to that may compromise electoral security:

http://www.equalccw.com/dieboldsinsandsecrecy.pdf

Some of the issues outlined are...horrifying, but not illegal. Some are illegal. It will be a quagmire sorting out some of this...run these docs past one of your more technically proficient agents/consultants and watch their face(s) go white. I recommend using this as background material, however if your agency starts by "digging deep" in the Windows CE issue (the core complaint) all sorts of other things will unravel.

Please understand that I am not the only one making complaints. This letter is from the head of the Alaska Democratic Party to his state's elections officials asking for an explanation of these issues:

http://www.votetrustusa.org/index.php?option=com_content&task=view&id=1660&Itemi d=1155

This is a letter from a Wisconsin professional software tester to his state elections agency:

http://www.votetrustusa.org/index.php?option=com_content&task=view&id=1648&Itemi d=51

However, as you can see from the level of interstate and Federal issues raised, ultimately this falls under the jurisdiction of the FBI and/or US Attorneys.

One final comment: the US Department of Justice has taken the position that at least some electronic voting machines are required in every state for "disability access" per HAVA. Lawsuits by that agency have been threatened against individual counties across America and the entire state of New York for one. This is not improper, so long as the Federal process to make sure those machines are reliable and honest is also enforced. The evidence available says it is not. If this is the case, for the United States federal government to use it's enormous powers to push systems that they themselves have failed to properly certify is, potentially, a hideous miscarriage of justice on a national scale.

I urge you, I beg you to take this complaint seriously.

Thank you for your kind attention,

Jim March
jmarch@prodigy.net
916-370-0347

CC:
Bev Harris, Executive Director, Black Box Voting
John Brakey, Founder, AuditAZ
Brent Turner, concerned citizen and activist, San Mateo County
 
Bernard Levine (see The Bernard Levine Knife Collecting and Identification Forum often serves as an expert witness but he charges a fee and he needs more than one day notice. Maybe you could get a postponement....

It's been a while, Jim. Hello! Stop by again sometime, if you ever get a minute free....

moving-van.jpg
 
Jim March said:
Just sent this off to the FBI yesterday...please do NOT contact the agent in question on this. Let this cook on it's own:

There's no shortage of seriously F'd up things going on in this country right now, but this one really upsets me. The only real power we "mere citizens" have over our government is the power of our votes. But here we see a pattern of corruption, seemingly aimed at taking that away from us, too.

Josef Stalin said:
"Those who cast the votes decide nothing.
Those who count the votes decide everything."

:mad:
 
Boy, coming up with an expert witness in an obscure field on 24-hours notice.... that's gonna be tough. I don't even know what credentials you'd need to be accepted by the court as an expert witness on switchblade knives.

I'll also tell you that testifying as an expert witness is an art. The lawyers are very, very good at what they do and if you don't know how to defend yourself, they will destroy you. It is a verbal martial art and I can assure you that the lawyers are all black belts.

I would seriously, seriously question the competence of a defense lawyer who is gonna put an "expert witness" on the stand who is some guy who volunteered on the internet. No lawyer worth his briefcase is gonna put an "expert witness" on the stand that he hasn't spent at least a few hours with ahead of time. Basically, you rehearse what questions they will ask you and how you should answer them and they also try to predict what questions the prosecutor will ask and how you should answer them too. That'll take at least a few hours. Were I the defendant, I would use this conduct by my lawyer as evidence of my lawyer's incompetence, have him removed, and use that to get a delay during which I could get Bernard or some other skilled expert witness lined up.
 
Jim March said:
The core issue that we are complaining about regards misconduct by Diebold - to be blunt, they mislead the certification staff and process about their products and in so doing evaded oversight of much of their key code. The effect was to prevent anyone outside of the company reviewing large amounts of custom software written and maintained by Diebold and functioning in their touchscreen voting systems. This is a fundamental violation of both the certification and the fundamental reason for certification.

This core misconduct is outlined in the following two documents:

http://www.equalccw.com/wincefraudwalkthrough.pdf - an overview of Diebold's Windows CE-related fraud. Five pages.

http://www.equalccw.com/rrlee-wincedeclaration.pdf - the declaration of Dr. Richard Lee. This document must always be attached to the "Walkthrough" article above. Three pages.

How interesting.

As a computer engineer myself with getting on twenty years in embedded systems, I can tell you that everything Dr. Lee says is right and none of it isn't common knowledge.

As a computer engineer myself with getting on twenty years in new product development, I suspect that the Mr. Iredale instructed that "We do not certify operating systems with Wyle. Therefore we do not need to get WinCE
3.0 certified by Wyle. What we need to get certified is BallotStation 4.3.2. We do not want to get Wyle reviewing and certifying the operating systems." for one reason: cost. The more an outside agency like Wyle has to review, the more they charge. So, you always want to minimize what you send out for agency review. Apparently, Mr. Iredale was under the impression that the WinCE operating system did not need to be reviewed.

I've never participated in the review process in question. I have done Trusted Information Systems Review with the NSA. If you use an operating system that they have already reviewed and accepted, then you don't have to have them review the operating system. A TIS review is very expensive, about a quarter million bucks for a typical product. If you had to have them review the OS, that could easily double. So, if you know that your product is going to face TIS review, you will necessarily pick an OS that NSA has already reviewed.

Now, Dr. Lee is correct that WinCE's kernel has to be custom-adapted to the hardware platform.

Were I developing a voting system, I would not pick WinCE for just that reason, because it would necessitate review of the OS kernel. There are other operating systems where you don't modify the kernel but just supply a "adaptation file" or "board support package file" which adapts the kernel to the hardware platform. That file would have to be reviewed, but that's a lot less work -- and, therefore, cost -- than reviewing the whole OS kernel.

But, if the rules require that all unique code in the voting machine be reviewed, and if WinCE is the OS, then, yes, in my expert opinion, the WinCE kernel should have been reviewed.
 
Some locals that can help.....

Pro-Tech Knives (makers of auto knive) in Santa Fe Springs
Tel: (562) 903-0678

Plaza Cutlery (knife dealer) in Costa Mesa
Tel: (714) 549-3932
 
Well yesterday in talking to the lawyer I was able to prep him on various issues that he wouldn't need an expert for. Fr'instance, anybody can see that the pivot hasn't been boogered/adjusted. And I showed him how to look for any evidence of "bias towards closure" or "detent" - in theory if it holds against gravity it has a "bias towards closure". I also advised him to get ahold of a CRKT M16 or similar and show that those snapopen just fine even with the ball-bearing-in-a-divot linerlock "detent". The bill was passed with the intention of banning cheap knives while making no distinction in legality between the "lethality" of cheap vs. expensive ($10 range versus $30+) knives. That sort of thing has a very long and sordid history of racist application and intent...see also:

http://www.constitution.org/cmt/cramer/racist_roots.htm

The victim in this case is a minority affected by a law banning his low cost knife but not affecting pricier stuff.

I also advised the lawyer to find out how many busts for sales of cheap knives had been made recently in that area. Odds are, not a lot. Street cops know there's no difference in lethality between a Pakistani special and a Sebenza of similar size.

Some of that would only work on appeal of course.

I think he's at least got a chance without a witness. The search was wonky to start with.

I called the attorney around 4:30pm today Calif time, no answer. I'll try and find out ASAP what happened.

-------------

As to Talbot Iredale: what you're saying makes a lot of sense, except for three things (well there's more, but we'll start here):

1) The original 3 founders of Global Elections Systems Inc. had extensive felony records on stock fraud and investment fraud in both US and Canadian courts. By the time of that memo they were gone but guess who hired Iredale?

(The same group under the same management is now DIEBOLD Election Systems Inc, purchased in 2002.)

2) When North Carolina passed a law requiring source code to be provided under NDA to experts hired by the GOP and Dem parties, Diebold abandoned the state.

3) The FEC manual does require making sure that "COTS" components really are unmodified. The OS as shipped would be a great place to hide "cheat code" either at Windows CE in the touchscreens or Win2k at the central tabulator. Read Iredale's memo again: he's referring to not having ANY windows variants checked out in any way.

If you look at the "NASEDBlues" document you'll see evidence that the Feds tried to whitewash the issue. Diebold knew of this issue going back to at least 2004...there's a piece of the puzzle there I can't talk about but here's my reporting on the subject back in 2003:

http://www.equalccw.com/sscomments2.pdf

Diebold knew of this document and the even older complaints of Prof. Doug Jones...yet between '03 and '06 did nothing to get CE properly code-reviewed. Why not? Sure, the "code hiding" might not have been deliberate in '02 if we give Iredale full credit for all possible integrity...but by '06? Come ON.
 
Jim

i would like to know more about what happened with the outcome in the court case in OC because that is where i live.
 
Just got the following in EMail, from the address matching the public defender's office:

Quote:

Jim,

I wanted to thank you for your help on this knife case. With all the
information you helped me track down we got the case dismissed!

Thank you,
Adam Vining
 
Score one for the good guys!
 
Jim, glad to see ya on the forums! Dang, it's been awhile!

Also glad to see that things went well for the knife nut.
 
I've put a polite query into him asking for details, not on the victim, but on just what legal strategy worked.

For example: by looking at pictures of the piece, we were able to tell it has a screw-adjustable pivot pin that takes a "funky" wrench that an end user is unlikely to have. Pliers would work too but would leave marks, and no marks were visible...so nobody had deliberately altered it into a "free swinger".

Did the judge buy that? Or the various constitutional arguments regarding a law that criminalizes possession of cheap knives when more expensive are equal grade weapons.

We discussed a lot more over the phone. Question is, what is it that he finally ran up a flagpole and got a salute?
 
OK, got off the phone with Adam Vining.

He can't get too detailed but the short form is, the DA dropped it on seeing the Karnette letter, pictures of the knife with the thumbstud and a description of what was going on. Just plugging the basics. He wasn't able to get to any experts in time but just prepping the lawyer was enough.

He specifically mentioned the Karnette letter as useful. I feel pretty good about that.
 
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