Chris Johnson, Prosecutor
On 2021-11-08 Prosecutor Chris Johnson provided me a packet of disclosure material. The packet included a document referred to as a "Forensic Acquisition Summary" (FAS), which is a report of the actions taken by the Digital Forensics Unit regarding the search and/or extraction of data from my seized electronics devices. The report and the work being reported on was performed by VPD Detective Nancy Yingling. There was little of interest in the FAS, but what WAS interesting was that there were two additional pages attached at the end of the report. Those pages had nothing to do with my case. They were from another of Detective Detective Kyle Dent's cases.
Detective Nancy Yingling
Obviously, the VPD and the Prosecution are entrusted to not distribute or disseminate the disclosure material in any cases, other than to the defendant of the particular case.
When I noticed this error, I kept quiet about it. I didn't inform the prosecution or the police. I figured I would bring it up during my cross-examintion of Detectives Yingling and Dent – that way it's on the record and can't be denied or covered up.
At the trial, Det. Yingling was not available to testify. This is not surprising, given her history of deliberately misleading and even lying in her sworn statements Police who lie: Judge said officer "intentionally misled the Justice of the Peace", Toronto Star, 2012-04-28. However, Det. Dent WOULD be testifying.
Earlier in the proceedings, Johnson had offered to proceed with the trial based only on Detective Janine Tanino's testimony, without Dent. That would have been interesting since Tanino had no significant evidence to contribute. Nevertheless, I was adamant about Dent testifying and, since he was the lead investigator, there's no way Johnson could argue he has no relevant information. I believe Johnson and the BCPS knew I was up to something with my insistence on Dent testifying, but since, by their own admission, they believe I'm engaging them in a game of chicken they, again by their own admission, can't be the one to "blink".
Detective Kyle Dent
So, on cross-examination, I asked Dent if he's familiar with something called a Forensic Acquisition Summary. Dent said no. I passed him a copy of the document I had received. Dent looked through it then acknowledged that he is familiar with it but that there are a couple pages at the end that don't appear to be related to my case. I said "Right". Dent proceeded to assure me and the court that the additional pages have no relevance to my case. No fucking shit, dumb ass. Dent said he's shocked that that's in there. I asked him if he could explain how it is that someone else's disclosure got mixed up with mine. Dent said he couldn't answer that, it's a question that would have to be directed to Det. Yingling since she would have been the one that made the error. I asked Dent if this is something that happens often. Dent replied "I certainly hope not". TR 2022-02-23 p78l11-34
Later in the trial, toward the end of Dent's testimony, the issue of the erroneous disclosure material came up again. Dent expressed concern about there being any other copies. Dent asked me if I had any other copies of the document. I replied that the one he has is actually the Prosecutor's copy. Dent said, to the court, that he'd like to make sure all copies of the extra pages be removed from the disclosure and shredded. The judge asked me if I had any other copies and I said I had no other copies in my possession or control. But I pointed out that a few months prior, a couple of BCPS disclosure hard drives had gone missing. The judge asked me if I had given any copies to anyone else. I said no (I was lying). TR 2022-02-23 p83l41–p84l46 Go ahead, jackasses, lock me up yet again, for exposing your fuck-ups.
But what's more troubling than the VPD inadvertently giving me someone else's disclosure, is that the Prosecution is supposed to vet that disclosure material before providing it to me. How is it possible that no one in the BC Prosecution Service noticed the erroneous disclosure? I mean, it has the different VPD case number at the top of each page, for fuck sakes! Are they that inept? Or careless?
And, in case you're wondering "Well who's fucking case was the other material from?" Yakup Cetin. He was apparently involved in something to do with stalking some chick, Stephanie Clogg, that lived in the apartment building where he worked, and trying to set her mother's house on fire. Way to go, giving me - someone with a history of publishing everything, that psycho's disclosure material, you fucking yahoos!
Interestingly, after they gave me Cetin's disclosure material and it ended up on this website, he and I actually ended up on the same unit at North Fraser Pretrial Centre. At that point I had no idea he was the person the material was for. And one day I was reviewing some of his other disclosure with him and noticed the name "Stephanie Clogg", so I asked him "Oh, you know Stephanie Clogg?" And that was the start of a very convenient alliance and a real thorn in the side of the prosecutor on his case. Until then, neither Cetin nor Clogg had any idea the VPD and BCPS had given out his disclosure material and that it had ended up on the internet.
And so, that's all there is to say about this.
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