"Hieronymous Corey" <
hierony...@gmail.com> wrote in message
news:9a8467c9-d3cc-4c33...@y10g2000vbn.googlegroups.com...
On Feb 4, 11:21 am, 锟斤拷锟紻锟接筁锟斤拷H <锟斤拷锟紻锟接筁锟斤拷H 锟斤拷锟紻锟接筁锟斤拷H> wrote:
> On 4 Feb 2012 07:20:01 -0600, "Fred E Brown" <
fredebr...@nowhere.com>
> wrote:
>
>
>
> >"??????D???1L?????H" <??????D???1L?????H ??????D???1L?????H> wrote in
> >message
> >news:uhfpi7l31r7k5uaos...@4ax.com...
> >> On Fri, 03 Feb 2012 13:03:13 -0600, Frank McCoy <
mcc...@millcomm.com>
> >> wrote:
>
> >>> $)A #$("#$ D? (. 1L? (.!h H < #$("#$ D? (. 1L? (.!h H
> >>> #$("#$ D? (. 1L? (.!h H> wrote:
>
> >>>>On Fri, 03 Feb 2012 02:42:26 -0600, Frank McCoy <
mcc...@millcomm.com>
> >>>>wrote:
>
> >>>>>???D??1L???H <???D??1L???H ???D??1L???H> wrote:
>
> >>>>>>On Thu, 02 Feb 2012 13:54:10 -0600, Frank McCoy
> >>>>>><
mcc...@millcomm.com>
> >>>>>>wrote:
>
> >>>>>>>Ace? <
avlasvery...@hotmail.com> wrote:
>
> >>>>>>>>Frank McCoy wrote:
> >>>>>>>>> Lou Keemia <
savage...@ojooo.ru> wrote:
>
> >>>>>>>>> >Frank McCoy is far from a writer unless you consider stories
> >>>>>>>>> >depicting
> >>>>>>>>> >*Grandpa* molesting a newborn baby writing. Most consider it
> >>>>>>>>> >deplorable trash not worthy of recognition.
>
> >>>>>>>>> I could show you at least 50,000 pieces of evidence to the
> >>>>>>>>> contrary.
>
> >>>>>>>>There are 7 billion people on earth and a mere 50,000 of the dregs
> >>>>>>>>of
> >>>>>>>>society stands behind you.
>
> >>>>>>>>> My material has also been judged to be real "literature" by at
> >>>>>>>>> least
> >>>>>>>>> one independent authority.
>
> >>>>>>An academic for hire bloviating in your defense is hardly
> >>>>>>independent
> >>>>>>Frank.
>
> >>>>>>>>N.A.M.B.L.A. doesn't count, Frank. You are nothing but a purveyor
> >>>>>>>>of
> >>>>>>>>tasteless trash that appeals only to child molesters. A actual
> >>>>>>>>authority wouldn't give you the time of day. You're a dirty old
> >>>>>>>>man
> >>>>>>>>with mental issues and are probably a Paedophile yourself.
>
> >>>>>>>>> However, "Grandpa molesting a baby" is FAR from what I usually
> >>>>>>>>> write.
>
> >>>>>>>>Thank God, ''Grandpa's little Fuck-Toy__From the crib, right into
> >>>>>>>>Grandpa's bed" is quite enough, Frank. Here's one you can explain
> >>>>>>>>though.
>
> >>>>>>>>''Her Father's Daughter__ In Postscript! (Sorry, no pictures}
>
> >>>>>>>>*Sorry no pictures*?? Are you in the habit of posting pictures,
> >>>>>>>>Frank? Maybe you couldn't access your hard-drive that day to add a
> >>>>>>>>few.
>
> >>>>>>>Nope. Read the rest of the post, or the preamble.
> >>>>>>>Didn't want to get into copyright issues; especially with Playboy.
>
> >>>>>>>>> Now if you want REAL "trash", there's a lot worse out there than
> >>>>>>>>> any
> >>>>>>>>> of mine. Worse in story-line, grammar, punctuation (or lack
> >>>>>>>>> thereof),
> >>>>>>>>> subject-matter, readability, consensuality, and more.
>
> >>>>>>>>Ah, The o-so typical ploy of attempting to spotlight somebody else
> >>>>>>>>in
> >>>>>>>>an effort to make what you did seem benign. You, Frank are just as
> >>>>>>>>sick and deplorable as anybody who writes sick Paedophile trash.
>
> >>>>>>>>> However, THOSE aren't being judged ... yet.
>
> >>>>>>>>> Sometime read about Jake Baker.
>
> >>>>>>>>We're talking about *Frank McCoy* in this thread.
>
> >>>>>>>>> However, bad as HIS stories were, there were (and are) far
> >>>>>>>>> worse.
>
> >>>>>>>>Again it doesn't make you respectable by any means. It only means
> >>>>>>>>there are other Paedophile deviants out there to be caught.
>
> >>>>>>>The POINT being they deliberately picked far-from-the-worst.
> >>>>>>>Their argument would have been much more effective against others.
> >>>>>>>OTOH, I was prepared for the case; and willing to take it on.
>
> >>>>>>>So, from their point of view: Why not?
> >>>>>>>Actually, from mine as well.
> >>>>>>>This way the issue gets decided on the merits, not on personal
> >>>>>>>"gut"
> >>>>>>>feelings. Well, OK, that's the hope anyway.
>
> >>>>>>>To some extent, it's a positive sign that so-far there's been no
> >>>>>>>verdict yet. It allows the hope that the judge really IS trying to
> >>>>>>>decide the case on its true legal merits, and not how he personally
> >>>>>>>feels one way or the other about the stories themselves.
>
> >>>>>>Haven't you read his comments when throwing out your frivolous
> >>>>>>barrage
> >>>>>>of motions?
>
> >>>>>>He has already told you there are no legal merits to your filth.
>
> >>>>>>Here's what he said about your "works".
>
> >>>>>>
http://www.leagle.com/xmlResult.aspx?page=23&xmldoc=In%20FDCO%2020100...
>
> >>>>>>The Kaplan Court upheld the defendant's conviction for violating a
> >>>>>>California obscenity statute on a finding that a non-illustrated
> >>>>>>fictional book entitled "Suite 69," which was "made up entirely of
> >>>>>>repetitive descriptions of physical, sexual conduct, `clinically'
> >>>>>>explicit and offensive to the point of being nauseous" with "only
> >>>>>>the
> >>>>>>most tenuous `plot,'" was "not protected by the First Amendment."
> >>>>>>Id.
> >>>>>>at 116-18, 93 S.Ct. 2680.
>
> >>>>>> The Court, being familiar with Defendant's stories, observes that a
> >>>>>>jury could equate his works with the Kaplan book.
>
> >>>>>Like I've said before:
> >>>>>I'm not discussing the actual arguments in the case or the case
> >>>>>itself. You have your ideas about Constitutional issues. I have
> >>>>>mine. I merely stated WHY I'm fighting and on what issues.
>
> >>>>Rationalizations Frank.
>
> >>>>You are up to your neck in child pornography and have been brought to
> >>>>book.
>
> >>>>"After Defendant's writings came to the attention of federal
> >>>>authorities during the child pornography prosecution of a separate
> >>>>criminal defendant, federal agents from the Middle District of Georgia
> >>>>conducted an investigation into Defendant."
>
> >>>>>I could easily point out my defense, and the Supreme Court rulings
> >>>>>against your claims, but I'm not here to argue the case again. My
> >>>>>lawyer has already done so quite well; and probably far better than I
> >>>>>could have done on my own.
>
> >>>>Yes, a veritable barrage of motions that were all denied.
>
> >>>>>However, I WILL just note that *IF* the issue was what you claim, the
> >>>>>judge would have ruled against me the same day the trial ended; and
> >>>>>this case would already have gone to appeal ... On the very issues
> >>>>>you
> >>>>>so blithely dismiss.
>
> >>>>The judge did rule against you, dismissing your motions and pointing
> >>>>out your ignorance of the law.
>
> >>>>>You might actually READ the Supreme Court rulings in the original,
> >>>>>that you claim deny my case. They don't. The actual decisions are
> >>>>>easily found from the actual cases quoted. Look them up. There's a
> >>>>>lot more there than the short passages quoted.
>
> >>>>>But, like I said, I'm not here to argue the case ... again.
> >>>>>Obviously your "gut feeling" is that stories like mine are NOT
> >>>>>Constitutionally protected. Thankfully, Freedom-of-Speech is not
> >>>>>dependent on whether or not your gut likes the idea.
>
> >>>>Frank, they are not "my claims" they are Judge Sands's rulings after
> >>>>careful and lengthy consideration of the arguments when he denied all
> >>>>your motions, calling your arguments "far fetched".
>
> >>>>
http://www.leagle.com/xmlResult.aspx?page=11&xmldoc=In%20FDCO%2020100...
>
> >>>You might read the summaries of two OTHER Minnesota judges,
> >>>considering the case prior to Judge Sands.
>
> >>>Also, those were all pre-trial motions; which denial CAN be appealed
> >>>if the ruling goes against me; and several of which are a good basis
> >>>for such appeal.
>
> >>>However, several more important motions, made in the trial itself,
> >>>were not denied. The most important one is still pending.
>
> >>>>"it would be an absurdity to find that holding the parties to the true
> >>>>facts of the case is "unfair." The facts are what they are."
>
> >>>>FACTUAL SUMMARY
>
> >>>>Defendant, a resident of Minnesota, is a fiction writer. As many
> >>>>authors tend to do, Defendant's body of work pertains to a particular
> >>>>range of subject matter.
>
> >>>> In Defendant's case, according to the Indictment against him, the
> >>>>preferred literary milieu is "obscene `fantasy' stories describing in
> >>>>explicit and graphic detail the sexual abuse, rape, and murder of
> >>>>children." (Doc. 1 at 2). At all times relevant to the Indictment,
> >>>>Defendant's fiction was posted on the Internet.
>
> >>>"According to the indictment against him."
> >>>NOT according to the facts of the case.
> >>>For THAT, you'd have to read the actual trial files, and what was
> >>>stipulated-to by the defendant (me) as what actually happened; and
> >>>agreed-to-be-the-actual-facts-of-what-happened by the Prosecution.
>
> >>>Most of the facts-of-the-case were agreed-to by stipulation of both
> >>>parties.
>
> >>>I agreed that I posted more than 100 specific stories on the net.
> >>>What those stories actually WERE, and whether they were "obscene" and
> >>>if they are literature or art, and whether they are protected by the
> >>>Constitution, was what the trial was (and still is) all about.
>
> >>>The Prosecution can CHARGE anything they wish; and a Grand Jury only
> >>>has to decide whether there's enough evidence to bother with a trial.
> >>>They do NOT decide the actual facts of the case; and are ONLY
> >>>presented with whatever the DA wants to show them, in the worst
> >>>possible light and interpretation.
>
> >>>It's a FACT, that such charges were BROUGHT.
> >>>It's NOT a fact that said charges are TRUE.
> >>>That's what the trial is supposed to decide.
>
> >>>If charges-brought were always actual facts, there would never be a
> >>>need for trials, would there?
>
> >>>But then, you're the, "Let's give the Guilty-SOB a fair trial and then
> >>>hang him!" type; so you wouldn't understand that.
>
> >>>Like I said before:
> >>>If it was so easy to decide that my stories are NOT protected Free
> >>>Speech, then the verdict would have been given the moment the trial
> >>>finished. We wouldn't be waiting for over two years now.
>
> >>>Having attended the trial, I think that the judge would have to use
> >>>some truly strange and fantastic logic to square a verdict of guilty
> >>>with the stipulated facts of the case and the actual trial itself when
> >>>compared to the past rulings of the Supreme Court on how such matters
> >>>are to be judged. Specifically involving "The Miller Test".
>
> >>>Read about it sometime.
> >>>
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0413_0015_ZS....
> >>>Read not only the syllabus, but the Opinion of the Court, and both
> >>>Dissents.
>
> >>>That's not saying the judge CAN'T.
> >>>However, reading any such ruling would be interesting, to say the
> >>>least. Since the records are sealed (for now at least), I'm not
> >>>really at liberty to say exactly why.
>
> >>>And no; I'm NOT going to explain in detail why you're wrong.
> >>>But my lawyer did a bang-up great job in doing so.
> >>>Personally, I think the trial-records should be open to anybody.
> >>>But then, since some of my stories WERE discussed in some detail; and
> >>>the whole case is built on whether they're legal or not, I can see why
> >>>the actual trial-records are presently sealed. ;-{
>
> >>>The Prosecution, of course, would like them to remain sealed forever.
>
> >>>AND ... I think I've said enough.
> >>>Nothing I can say will affect what you think.
> >>>Nothing you can say will change my opinion.
> >>>Probably anybody listening in has already made up their own minds.
>
> >>>So ... I don't think I'll be responding any more to this particular
> >>>thread.
>
> >> Of course you won't.
>
> >> For any fair minded person not part of your ring or embarrassed by
> >> having supported you in the past, the discovery of your collection
> >> of thousands of videos and photographs of children being sexually
> >> assaulted removes any last vestige of benefit of the doubt you may
> >> have been graced with.
>
> >If you were 'fair minded' you would wait for the judges decision on
> >Frank's guilt or innocence.
>
> Nonsense.
>
> The collection of child pornography on McCoy's computers is
> simply a fact, not something the judge is deciding in the more
> technical matter of the transmission of his infant rape stories.
Remind me again exactly why he isn't being prosecuted for possession
of child pornography?
Because the search warrant used to seize Frank's computers did not
mention child porn. The subsequent discovery by the FBI forensic
investigator made it "fruit of the poisoned tree." IOW the CP can never
be used in any state or federal prosecution. There was an attempt by the
prosecution to amend the charges against Frank to include the CP but
it was denied for the above reason.