June 10, 2014 pre-trial hearing notes. DA Knowles makes a big mistake. Gary Michelson, Forbes, billionaire, perjury

Scott Cooper a forensic computer expert testified as to the computers taken in the raid of Richard's house in Costa Rica. For some reason the first copy of the hard drive was corrupted so they had to ask the Costa Rican DA for another copy. This is where I believe they may have retrieved some emails. The second copy of the hard drive was readable.

This next bit is pretty big. Robert Knowles forgot to translate the Costa Rican land deeds from Spanish into English. He tried to submit them in original Spanish but was denied. Knowles stated he thought he could submit these in the prelim then translate them for the trial. Judge told Knowles he had a year to translate them and should have done it. Judge refused to accept the Spanish deeds.

Without the deeds, I don't think there is a case. While Knowles was rather methodical submitting the wire transfers and faxes, he made a big mistake here. The Defense had no problem getting the Costa Rican hearing minutes properly transcribed from Spanish to English. Why couldn't the prosecution with all their money, translators get the deeds translated? I will say that Costa Rican Spanish is very different than American Spanish, Mexican Spanish, or Spain Spanish. I had difficulty searching the Costa Rican real estate website and I speak American, Mexican and Spain Spanish though I have difficulties with Catalan Spanish.

All in all the DA's case so far is getting weaker by the day though prosecution has not yet finished. Defense will soon start their presentation of witnesses and evidence. I wish I could see Neil's contract so I could see if his actions violated a fiduciary duty or not. As to Richard Powers he looks innocent to me. There was never a 6% commission and no money was lost. Gary Michelson made money. As Gary made money I don't know how Neil could be guilty either.

Again the purpose of the pre-trial is to determine if there is enough evidence of a crime to proceed to a full trial. So far I don't see it but I don't know what level of proof is needed. Below is the outline of the pretrial.

"The government must demonstrate to a judge or magistrate that there is sufficient evidence, or probable cause, to believe the suspect committed the crime with which he or she is charged.

Defendants usually must be present at this hearing, although they do not commonly offer evidence in their defense. This procedure has a similar function to grand jury proceedings, in that it is a safeguard against unfettered government action.

If the court finds there is no probable cause, the matter is dismissed (this would be the equivalent of a grand jury declining to press charges). If this happens, defendants are released.

If the court finds there is probable cause, the matter is transferred to trial court. Many courts use the term bound over, as "the defendant is bound over to the district or circuit court for trial."

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