"The evidence will show that multiple questions were asked." - DC Bar Disciplinary Counsel Sean O'Brien, just now
Notices by Unicorn Riot (unicornriot@mastodon.social), page 2
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:57 JST Unicorn Riot
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:57 JST Unicorn Riot
In November 2017 DC Superior Court Judge Lynn Leibovitz, presiding over the first trial of #J20 defendants, asked Kerkhoff about disclosing the source of the Project Veritas videos, Kerkhoff said "I don't think anyone ever asked me."
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:56 JST Unicorn Riot
Kerkhoff introduced portions of the Project Veritas video that seemed to implicate protesters but knowingly withheld about an hour of footage that was edited out that would have supported the defense's case, DC Bar Disciplinary Counsel says
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:56 JST Unicorn Riot
Kerkhoff cited planning meeting discussions about visiting "gentrified neighborhoods", "wearing all black", "unarrest" and "safety in the group" to prove that everyone attending "got the memo" to either engage in destruction & violence or indirectly support such
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:55 JST Unicorn Riot
Kerkhoff claimed that "the videos that were not disclosed" did not fall under Brady rules of evidence disclosure (exculpatory aka could help prove the defense's case)
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:55 JST Unicorn Riot
O'Brien presents a 2018 court filing in which Kerkhoff disclosed receiving 7 videos from Project Veritas - but only 3 videos were disclosed to the first trial group in 2017.
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:55 JST Unicorn Riot
"[Kerkhoff] watched the videos, she took notes on them, and then she made an intentional decision not to disclose them." - Sean O'Brien
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:54 JST Unicorn Riot
O'Brien cites video of a Jan. 17, 2017 spokescouncil meeting re: #DisruptJ20 planning meeting - "What is not audible.. in this meeting... is any discussion of violence or discussion of confronting the police... what is discussed... is things like having a police liason..."
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:54 JST Unicorn Riot
The govt argued [at trial] that all #J20 protesters planned to be violent [or]... support elements that were criminal..." - DC Bar Disciplinary Counsel Sean O'Brien
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:54 JST Unicorn Riot
Kerkhoff claimed that the videos she did not provide were from an "action camp" held at American University - a description of these videos included training in "deescalation" and nonviolence
O'Brien: "that alone would constitute exculpatory info in the context of this case"
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:53 JST Unicorn Riot
"Respondent was intentionally suppressing information which... is evidence of consciousness of guilt."
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:53 JST Unicorn Riot
O'Brien cites DC Superior Court Chief Judge Robert Morin's findings that "evidence of the discussion of nonviolent activities... at the same location as discussion of criminal activities... would be exculpatory... [and] important to a jury's decision..."
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:53 JST Unicorn Riot
"The evidence that was withheld was exculpatory as to the intent of all the [#J20] defendants... especially defendants that were present at any of the planning meetings" - O'Brien
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:52 JST Unicorn Riot
"The thing about this violation is it's so easy for a prosecutor to avoid, all they have to do is disclose... she doubled down by trying to cover it up... a willingness to disregard the truth when it suited her purposes."
-DC Bar Disciplinary Counsel Sean O'Brien
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:52 JST Unicorn Riot
"There were court orders... that the government disclose everything in its possession and disclose grand jury transcripts, and she did not do that."
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:52 JST Unicorn Riot
"Repeated false statements to the defense and the court... about the full extent of the editing of the videos... the full extent of the evidence possessed by the government...providing the court with false justifications for withholding the evidence..."
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:51 JST Unicorn Riot
Kerkhoff's attorney does his best to lend a sense of grace to his client as he tells the DC Bar that she has "ended her government career" and "is now retired"
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:51 JST Unicorn Riot
Hoffinger is going on about alleged harassment against Kerkhoff as she led the mass prosecution of protesters that would later get her entire office sanctioned. Citing security details at her home, claims without evidence there was a bomb threat at her home.
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:51 JST Unicorn Riot
Kerkhoff's lawyer Hoffinger starts arguments w a description of black bloc participants "concealing their identity" "carrying hammers", "smashing windows", "throwing trash cans" etc:
"McDonalds was destroyed!"
"They set a limousine on fire!"
"Police officers were attacked!"
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Unicorn Riot (unicornriot@mastodon.social)'s status on Wednesday, 12-Mar-2025 06:19:50 JST Unicorn Riot
Kerkhoff's attorney Hoffinger moves on to talking about the Project Veritas video - "[Undercover] Officer Adelmeyer testified that the video corroborated... it doesn't matter... if it was filmed by Project Veritas or John Doe... he... testified it hadn't been edited..."