Day 1 part 1 and part 2 , Day 2, Day 3 and Day 4 part 1 and part 2 of this trial were covered in March, 2014 (write-ups by me at links).
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.
Day 7 part 1 is here, part 2 is here and part 3 is here – sorry about having had to chop this up, it seems my original write up was too long for WordPress to format correctly.
Part 4 left off just as Dr. Baglow explained that he had produced email communication for discovery from the period that he believed ‘the comments’ had disappeared from his old blog, but not the period that the defense claims the comments ‘had been disappeared’, because he simply thought they were not observant enough to notice that the materials they need for their case had disappeared months earlier…
This had actually come out on Connie’s cross of Dr. Baglow on day 6 – but the background had to be explained in order for my report on the events of day 7 to make sense.
As a result of the now defined and testified to difference between the two time periods under discussion, Connie Fournier asked the judge to direct Dr. Baglow to produce the emails they had actually asked for instead of the ones he thought they ought to have.
Which the judge did.
…and which Dr. Baglow had indeed produced – on the morning of the 7th day in court….long after Mr. Bow’s cross examination had finished so he cannot even be cross examined as to the content within them. And Dr. Baglow cannot testify to anything about Mr. Bow’s side of the conversation, as he is not Mr. Bow.
OK, so Dr. Baglow had finally disclosed the emails from the requested time period on the morning of the 7th day of court….and he even visibly hedged when describing the emails, saying these are the emails from this time period ‘that he thought were relevant’ – immediately raising in me the question whether there were others that the defense might deem relevant but he did not and so they would not have been disclosed…but I guess that is just my literal Aspie mind!!!
It was during Dr. Baglow’s cross examination by Connie Fournier regarding these late-disclosed-emails (which she had only 50 minutes to review before having to cross examine him on them!!!) that I reflected on Dr. Baglow’s past as a high-ranking member of PSAC (that’s pronounced P. S. A. C. – Dr. Baglow is not fond of the usual ‘Pee-sack’ pronunciation and testified so in court earlier), a behemoth of a public sector union. I could juxt picture him in labour negotiations, sticking to his line, appearing reasonable and affable (he can be incredibly charming), and making the most unreasonable labour demands sound like reasonable, middle-of-the-road compromises.
This is, again, my literal Aspie mind at work here, but…it seems to me that if a group of organizations has to specifically be exempted from being charged under the racketeering laws, then they are (by definition) a form of legalized racketeering.
Now had we had a market system (instead of the fascistic crony-capitalism system we actually have now – and I am using the word fascistic in its core meaning: the collusion of government, big business and big labour against the rest of society), this would be self-correcting in the private sector: if the labour unions raise labour costs to an unsustainable level, the company goes bankrupt and a correction occurs.
But, in the public sector, unsustainable labour costs get passed down to the taxpayer until the society itself becomes bankrupt and collapses.
That is why I consider public sector union to be the cancer which is weakening our society and hastening its demise.
And, I say this as someone who had been a member of both a private and public sector unions…I’ve see the rot from the inside!!!
In my defense, I was young and when I learned the truth, I took a lower-paying non-unionized job…and felt the cleaner for it! After all, we Aspies like the laws to apply to everyone equally… As my favourite philosopher of the 20th century once said: a person’s a person, no matter how small!
In other words, I was admiring Dr. Baglow’s self control and ability to be completely non-pulsed and to appear relaxed even as clear contradictions to his sworn testimony were pointed out. I could certainly not handle it with such grace…
But, not Dr. Baglow!
Cool as a cucumber, he stuck to his line that all the comments had disappeared in November 2010 and he was positively baffled that the defendants could access them as late as March and/or April 2011! Not only could he not explain that discrepancy to them, he would have been glad had someone could explain it to him – after all, he testified, he is technologically quite ignorant…
When Madam Justice Polowin had a question about IP addresses, Dr. Baglow was very helpful to the court and correctly explained in great detail some very technical aspects of how the internet protocol worked – he spoke with the ease of an expert going over familiar ground and I was very impressed.
But, I digress…
Once the comments had stopped being visible (for whatever reason and at whatever time period) on the internet, the defense had asked for them in disclosure.
From what I understand, after a lot of hum-ing and haw-ing, a TEXT file with tens of thousands of comments, interspersed with code and completely devoid of context (i.e. missing such details like which posts they were in response to, other comments in their thread and their position in that thread – these had been completely stripped out).
As it was a text file, it was not possible to convert it to an actually usable format….
Dr. Baglow explained that they had submitted the comments in that format ‘in order to help the defense’…
Aside: an unimportant observation… Whenever Dr. Baglow is about to say something particularly patronizing or obfuscating – especially to Connie Fournier – he takes a moment, tilts his head back, glares down his nose at Connie, and only then speaks. I have no idea why, but it is a definite pattern…
It seems that Connie Fournier had not considered this to ‘be helpful’ and thought it an attempt at sabotaging the defense – and she objected to it.
From what I gather, she objected most vociferously!
It then (if I understood Dr. Baglow correctly) still took Dr. Baglow/Mr. Bow a couple of weeks to produce the comments in a format that was sortable and workable with. Indeed, Connie Fournier had produced a sample page showing how the comments (as Disqus files) were sortable and searchable.
Now that I have explained a little bit about the background of ‘the comments’, I can return to Connie’s cross of Dr. Baglow.
Connie had singled out one email in particular – dated, if I am not mistaken (please correct me if I am), April 3rd, 2011 – that appeared to be a ‘test comment’….since the word ‘test’ or ‘testing’ appeared on it and it had the identifier of having come either from Dr. Baglow himself or from someone who had his administrative identifiers. Once she established the date of the comment, entered the content, and demonstrated the identifier, Dr. Baglow claimed to have absolutely zero idea of how this could possibly have happened.
He was positively baffled – and looked up to the ceiling as he asserted so.
Well, well, well…
It seems that in one of the emails between the two of them – but only disclosed on the morning of the 7th day of the originally 3-day court hearings – Dr. Baglow had sent Mr. Bow his administrative id and password.
And the email came just before the time/date stamp of the ‘test comment’ from, I believe, April 3rd, 2011…
Now, if the plaintiff and his IT guy were testing the appearance of comments in 2011, why would they believe them to have disappeared in November of 2010?!?!?
As they say – the plot thickens!!!
Before the significance of the ‘gotcha’ could sink in on all present, Dr. Baglow laughed heartily and in a jovial manner informed all in the courtroom that he had since changed this password!
Madam Justice Polowin smiled indulgently and assured him that she has no intentions of using that password to access his blog…
I must admit, the deflection was skillfully executed – and again, in my mind, I was picturing Dr. Baglow sitting at a labour negotiations table.
Let me end here. There is very little more to come – some more of my observations and, perhaps, something about the pleasant conversations Dr. Baglow and I have enjoyed during some of the breaks.
June 8, 2014 at 21:44
“…we Aspies like the laws to apply to everyone equally…”
Your own blogsite is a splendid example of what blogsites bring to public attention.
When one considers how important this particularly ill-conceived ‘cyber-defamation’ suit is for all and any keyboard comrades in Canada, why is it that ‘only an Aspie’ can make space in their life to observe the actual courtroom litigation, and pass on those observations ?
June 9, 2014 at 06:04
I’ve asked myself that too – many times!