Day 5 was going to be written up later, but…. As I was writing up the background needed to accurately portray the events of day 7 (parts 4 and up), I realized that I am describing much of the material that came out on day 5 and that a separate write up would be redundant.
Following the break (more about that later), Connie Fournier had a chance to cross examine Dr. Baglow regarding some emails he had JUST disclosed to her that morning. If this seems confusing (given that this has been dragging on for years), let me back up a lot and paint the situation:
One of the ‘bones of contention’ – and a source of huge frustration to the Fourniers – was the disclosure of emails between Dr. Baglow’s technical specialist, Mr. Bow, and Dr. Baglow during the time period when the comments from his old blog had disappeared from visibility on the internet.
Even more background information is needed, or this will not make any sense. And, I admit freely that my understanding is limited and I apologize for any errors I make. If you spot them, please, let me know and I will publish the correction!!! I’d rather be corrected than stay in error any day!!!
Dr. Baglow used to have ‘blogspot’ host his blog – which meant that the word ‘blogspot’ would appear in the middle of his blog’s address. Online, he had befriended Mr. Bow, who does some IT stuff as his hobby – and Mr. Bow eventually convinced Dr. Baglow to have his blog moved over to Mr. Bow’s server. Not only would he get a better service, Mr. Bow would get him an address for his blog that would not contain the server name on it.
Aside: why he would go about it in such a complicated manner is beyond me. All he had to do to get a domain name for his blog without the word ‘blogger’ in it (a few dollars a year) and use a pointer, so that the ‘non-blogger-name-displaying address would be visible and the ‘blogger’ bit be hidden: no migrating or headaches from lost comments necessary! But, of course, that would not bring Mr. Bow income for hosting the site, so, perhaps, he might not have mentioned this easy alternative…
For quite some time after Dr. Dawg’s blog had been ‘migrated over’ to the new server (with all the posts but without the old comments, which were in a difficult format), the old blog and all the comments for the posts were still visible on the internet.
According to Connie Fournier, that is – something Dr. Baglow bitterly disputes.
Connie Fournier and Barbara Kulaszka (BK), Mark Fournier’s lawyer, were looking through these comments on the old blog because they believed that much of the material they needed for their defense was contained in these very comments. According to my understanding (highly imperfect) of what Connie Fournier claims, she and BK were in the very process of looking at them one fine day in the spring of 2011 when suddenly, all these comments went ‘poof!’ and disappeared.
Or, perhaps, were disappeared…
If they ‘had been disappeared’ by the plaintiff or his agents at his direction (as opposed to just ‘disappeared’), it seems to me that this would be a very bad thing indeed…. Something called ‘despoliation’ – or, if I understand, willful destruction of evidence.
Dr. Baglow, of course, most vigorously maintains that the comments had NOT ‘been disappeared’ but simply were not visible on the new site due to a technical glitch and, as far as he is aware, they had also disappeared (not ‘been disappeared’) from the old blog, which he insist on calling ‘the transitional blog’ but admits it is identical to the old blog, except for the colourscheme…..and, of course, it lacks the comments.
As Dr. Baglow had had his blog moved from blogger to Mr. Bow’s server in November 2010, he insists that all comments also disappeared (due to said technical glitch – which was endlessly gone over and over on day 5 of the case – and since I am explaining it here, it now seems redundant to write that day up separately…) in November 2010.
Ms. Fournier insists she was browsing through them online in the spring of 2011. I am not certain of the exact dates, but the 30th of March and 3rd of April 2011 kept coming up as the timeframe when the comments were visible online and when they disappeared.
Or were disappeared.
Not my call….
So, in discovery, the defense asked for all the emails between Dr. Baglow and Mr. Bow from this time period to be disclosed (I am not certain of how it was phrased, but, I cannot help but have an impression that spring 2011 was specifically mentioned).
Dr. Baglow had indeed disclosed a slew of emails between himself and Mr. Bow – but from November/December 2010. When questioned about why he had disclosed emails from the wrong time period, Dr. Baglow became nastily condescending and said (and I am paraphrasing) that he just thought the defendants were too stupid to realize when the comments had disappeared, so he had thought to help them and provided them with the emails from the ‘right’ time period.
And he stuck to that line.
At least, that is my most humble recollection and my most imperfect understanding of the events and the testimony regarding them. If I got something wrong, it is not intentional and I would respectfully request that if you can, please do let me know so that I may correct my posts. Thank you.
More coming soon!