Terry Christensen: the Defense pitches an FBI curveball

August 20, 2008

This morning we heard from the FBI in the somewhat surprising role of expert defense witnesses: former agents Mr. Bruce E. Koenig and his sidekick Douglas S. Lacey. Mr. Koenig was a Supervising Special Agent and worked in the audio field for many years; Mr. Lacey was an electronics engineer. Both were very impressive while Ms. Glaser was having them demonstrate their knowledge. Mr. Koenig was the mouthpiece and Mr. Lacey moved his fingers and worked the equipment.

The Prosecutor Mr. Saunders was batter up and he was right on target — it was not as easy for Mr. Koenig to explain himself (but it was very obvious that Mr. Koenig had done this before). Saunders was on the attack, and asked him the “$64,000 question”…it was his turn to try and make one of the defense witnesses look silly, and in my opinion he did! When Saunders relentlessly went after Koenig for his opinion with a “yes or no” (remember Glaser’s technique), Koenig wriggled in his seat and said that he could not answer the question “yes or no.” Koenig liked “I don’t know” for an answer and the defense, having spent in excess of $64,000, were also happy with the answer. Don’t forget this guy is “royalty” in the F.B.I. for his knowledge of audio forensics and now he is working for the “other side.”

So after the judge looking at Koenig like he was just short of a six pack and Saunders wanting to throw the podium at him, Saunders shot back, “your opinion is that you don’t have one!” which brought laughter from the courtroom and the jury. Oh, the jury…I am standing strong on my opinion that the “reasonable doubt” is alive and well in the jury box. And let me tell you, all of this “yes,” “no,” “could be,” “I don’t know” is the next best thing to warm donuts…it breeds “reasonable doubt.”

I like the Feds Lally and Suanders and they had a good day today, but it is still not going to be enough. Koenig did what he was paid to do, testify honestly and to try and make it clear as to what he was talking about so that the jury would understand and he did that, oh did he do that. And the antics with Saunders that too worked, as it showed that just maybe Pellicano did something to those recordings (reasonable doubt)…but why is my question.

Mr. Koenig also acknowledged Anthony Pellicano as a recognized expert in the field of Audio Forensics (self taught). It was also very clear that with Pellicano’s knowledge he could have been very legit and still run his business…but that damn ego! Anthony was not stupid, by no means, and I don’t ever want to leave my readers with that impression. It was his arrogance and a lack of respect for the system and thinking that he was “well connected”…we can say for sure his plug was pulled and the government has stuck it in the nether regions!

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