4/5
At one moment, the runaround turned into a full circle:The prosecution encouraged defense attorneys to reach out to the FBI. The FBI told them to talk to the city prosecutors.
And even when the city shared the FBI’s electronic copy of the data, it wasn’t good enough, Mihara said. His digital forensics expert testified that the data was wildly incomplete. They needed to see the physical phone itself.
That was impossible, as prosecutors formally acknowledged in court Aug. 2. =They didn’t have the power to tell the FBI to give the phone back=. Legally, at least, the evidence was lost. Several judges weren’t happy.
“There is no faith in the process when the prosecutor can play hide the ball with evidence,” Judge Randles said.
Hunter had argued that even if a cellphone video of Patriot Front leaders urging nonviolence did exist — and that was doubtful — it was irrelevant.Patriot Front wasn’t even being accused of planning violence, just of “disturbing the peace.”
Yet the frustration in courtrooms over the prosecution’s approach was building. =Court transcripts show a litany of complaints from several judges==: Prosecutors had released evidence to the defense in “drips and drabs.” Filings were coming in late. Necessary objections weren’t being properly filed. Court orders to disclose weren’t being followed. The city would claim they’d turned over everything, only to announce they found more they needed to turn over.
==Finally, one judge had had enough.=
“I have never, in my 10 years, seen anything that even approaches this level of failure to properly disclose evidence,” Randles said, according to court transcripts.
“My client looks forward to the day that this case is ultimately put to rest in his favor,” Mihara wrote in a statement to InvestigateWest.
But for now, Rousseau — the man behind everything — has been able to walk away.
CIVIL ACTION
This January,19 months after police caught him in the U-Haul, Rousseau marched through New York wearing sunglasses and a cowboy hat— no mask, no Idaho criminal conviction — and shared a message of defiance.
“Every day, every year we're going to stay out here,” Rousseau told onlookers in a video shared on social media. “We're going to keep doing demonstrations. We're going to keep making ourselves known.”
Rousseau did not respond to an interview request InvestigateWest sent to his phone number listed on court documents.
Goldsmith, from the anti-fascist research organization, has argued that there’s a slew of strategies the FBI could take against Rousseau, including getting him on tax evasion.(why would they, these people are their own psyop)
“The FBI has everything they need to take down this little gangster-wanna-be and his crew of neo-Nazis,”Goldsmith said.
But Coeur d’Alene’s history suggests another course, which has often been the more reliable route for those aiming to take on extremists. Ultimately, it was a civil lawsuit, brought by the Southern Poverty Law Center nearly 25 years ago, that bankrupted the Aryan Nations and forced them to sell their compound.
https://cdapress.com/news/2024/feb/10/how-prosecutors-lost-the-case-against-patriot-fronts-white-nationalist-leader/