27 January 1999

See related files: http://jya.com/jmtfiles.htm


Date:         Wed, 20 Jan 1999 14:03:53 -0800
From:         Cindy Cohn <Cindy@MCGLASHAN.COM>
Subject:      Fwd: Urgent Help needed
To:           CYBERIA-L@LISTSERV.AOL.COM

I've been asked to forward this message to folks who may be able to help.

>X-Originating-IP: [128.83.82.245]
>From: "Jim Thomsen" <jimthomsen@hotmail.com>


>Dear Sirs:
>
>The police have seized my computer with a search warrant under
>wiretapping, then forced my clients to give up their computers and
>charged me with 11 felonies of accessing my wife's email without
>permission even though she gave me the password and we routinely
>accessed each others emails.  My wife went to several agencies promising
>good press to make me a test case.
>
>To make matters worse, since I was in the US, they want to hold me for
>extradition to Canada since my wife's Email Server was in Canada and to
>date five federal and state police agencies have issued a all points
>bulletin saying I am dangerous.  They do not want my story to get out in
>the press where I can show how they used even a toll taking electronic
>tag to trace private citizens before any charges were ever made.
>
>A new district attorney intends to make me a test case according to my
>attorney for a NYS law signed by the Governor a few months ago designed
>to protect confidential email between attorneys and clients but the
>statute also extended the privilege to doctors and "spouses".  I am
>still married, and no divorce action has been started by either party to
>date.   They claim I hacked into her system yet my computer they seized
>proves I used the password she put in when she used my system often to
>do her work at home.
>
>The 11 counts are one for each email I posted on the web which proved my
>wife of less than eight months was having an affair with a nudist.
>Since they could not attack me for my first amendment rights on the web
>page which I kept a secret between me and my wife they have spent over
>$30,000.00 and used the FBI, wiretaps on phones of my home and business
>and clients, the Border Patrol, Canadian RMP and NYS police agencies.
>Their hope was to have me surrender and then surprise me with other
>charges and hold me over so I could not get bail for six months because
>my wife forced me into bankruptcy.
>
>My wife, a associate producer for CTV W5 news in Toronto, has promised a
>host of good press for the police to prosecute this case and make an
>example of me.   Although I hired a defense attorney, I did not
>surrender when I found that they did not understand or have any
>reasonable defense for this violation of my civil rights.
>
>I am hoping you can refer me to attorneys that might be interested in
>stopping this tactic as it effects any of you who would ever read a
>email noted to your wife in the same home you both share as a felony.
>That could naturally apply to snail mail as well and I have about only
>10k in funds to fight this battle from friends.   This malicious false
>prosecution has taken my work computer and put me out of business as I
>am a government consultant and trainer.   I have never been arrested
>before and spent my life working for police so I know when they decide
>to "dance" you around in the system you will pay the price and never get
>your day in court.   In the end, when you are broken, and ruined, they
>offer you a deal for time served and a violation and get away with
>punishing the next poor victim who has pissed off powerful political
>forces. I have threatened no one and never committed any act of
>violence.
>
>They are tracking my email even between me and my attorney and I am
>moving around trying to develop a team and strategy before surrender in
>another state where they have to extradite me and show some proof that a
>crime was committed before I rot in a orange jumpsuit.
>
>My name is James M. Thomsen, DOB 04/22/55 and the charging agency is in
>Buffalo NY, the Erie County Sheriffs Computer Crimes unit with Detective
>Scott Patronis.  The Erie County DA is Candy Vogel and they want to test
>a new NYS law called Chapter 150.  I cannot get adequate defense who
>understands computers or wiretapping crime in the Buffalo Area.    I
>need your help in being able to mount a defense and hope you consider
>this plea as urgent.
>
>To contact me: You can talk to Jennifer Carey at JLC Environmental
>Consultants in NYC at 212-420-8119, or Ted Arts at 716-694-6390 who are
>both trusted friends.  My email is checked by PGP routine and you can
>get a message to me to call you by sending it to >failsafealt@earthlink.net 
>or Jimthomsen@hotmail.com as a web based email.
>
>I bought and read the book Cyber Rights [by Mike Godwin] and did not see my 
>situation covered.   Please… Can you Help? Or post a call for help in your 
>circles >or groups where I can find anyone else who might help?  My snail 
>mail is Box 531, Grand Island NY 14072 but I get it only after it is 
>forwarded.
>
>______________________________________________________
>Get Your Private, Free Email at http://www.hotmail.com
>
***************************************
Cindy A. Cohn, Cindy@McGlashan.com
McGlashan & Sarrail, P.C.
177 Bovet Road, 6th Floor
San Mateo, CA 94402
(650) 341-2585 (tel)
(650) 341-1395 (fax)