Hearing updates 4/28/04 after lunch will be posted here. Feel free to join in on the discussion as the hearings are happening live! Thanks to BogusBoy for his lightening fast fingers!
I'm about to go do a lunch errand, but will be back ASAP. Looking forward to the cross-X this afternoon, hopefully! BogusBoy, I hope you got your hamburger! I'm in on the live feed now, too, so I'll be glad to add to the updates when I get back.
quote: Originally posted by: truth4usm "I'm about to go do a lunch errand, but will be back ASAP. Looking forward to the cross-X this afternoon, hopefully! BogusBoy, I hope you got your hamburger! I'm in on the live feed now, too, so I'll be glad to add to the updates when I get back."
quote: Originally posted by: truth4usm "I'm about to go do a lunch errand, but will be back ASAP. Looking forward to the cross-X this afternoon, hopefully! BogusBoy, I hope you got your hamburger! I'm in on the live feed now, too, so I'll be glad to add to the updates when I get back."
Bogus Boy - you are the man! While we wait, what does everyone think the public response will be to the fact that all of Shelby's case rests on pirated emails? Will the people who've supported him (this means you, Gulfport City Council) see how sick this is? Will they see how this causes a cancer of mistrust and fear to further metastasize into the minds and hearts of the faculty here? Will they see that any right-minded candidate for a job here will flee from a USM interview in fear of the "Big Brother Shelby" atmosphere? I am shaking thinking of all this....
quote: Originally posted by: truth4usm "I'm about to go do a lunch errand, but will be back ASAP. Looking forward to the cross-X this afternoon, hopefully! BogusBoy, I hope you got your hamburger! I'm in on the live feed now, too, so I'll be glad to add to the updates when I get back."
truth4usm made an excellent point on the old hearings thread: do the defendants have the right to explore SFT's e-mail, or is this all one-sided? I would love to read what he has written about THEM!
quote: Originally posted by: Crystal Ball "Maybe they are running late because Justice Anderson sees that there is nothing there and is throwing it out?????"
Anderson wanted to meet with council as the lunch break began, and that might be the reason for the delay. Who knows how long THAT lasted?
quote: Originally posted by: Crystal Ball "Maybe they are running late because Justice Anderson sees that there is nothing there and is throwing it out?????"
Anderson wanted to meet with council as the lunch break began, and that might be the reason for the delay. Who knows how long THAT lasted?
quote: Originally posted by: BogusBoy "Anderson wanted to meet with council as the lunch break began, and that might be the reason for the delay. Who knows how long THAT lasted?" Sure because he probably asked the question "is that all you have? If so, let's stop wasting everyone's time...it's so INEFFICIENT!"
quote: Originally posted by: Crystal Ball " Pure speculation but fun to think about..."
Think about this, the UAC answer to SFT - isn't it unreal, really unreal, that what they are listening to are realities that might soon be invading their own lives if they don't vote in Thames's favor. SFT - you're fired.
The UAC members begin to think about their own emails, their own comments not put out in a public forum, ------------- with the little bit of experience I can add to this speculation - I'd hope that Anderson is addressing this topic to them.
Found it interesting that Mr. John Hooks is helping Mr. Jim Keith - both of SFT's lawfirm (in a professional capacity) -- with the hearing. Gee, and they were initially tagged as mediators!!!
quote: Originally posted by: educator "Found it interesting that Mr. John Hooks is helping Mr. Jim Keith - both of SFT's lawfirm (in a professional capacity) -- with the hearing. Gee, and they were initially tagged as mediators!!!
Everyone hear the introduction? Something like "I am here representing the administration" - note, not the university. Fireshelby outed that relationship very early on! Certainly not "outside counsel" and some of you know how very important that distinction is...there's still time to do the right thing...
quote: Originally posted by: USM Sympathizer "While we're waiting: was AD's SS# a matter of public record (on her vita)? If so, what's the problem with possessing it?"
I don't think we have proof that the SSN was used. SFT claims to have a statement from someone in KY that the SSN was used in the inquiry.
This is the same man who under oath said that Jack Hanbury was "the college attorney."
quote: Originally posted by: indy eagle "yeah, and I'm getting sick of this spacey music!"
My bird hates it too -- the victory marching music this a.m. was so much better!!!! Anderson is talking to them. The evidence used (and I've got several qualified legal advisors reporting back to me this entire a.m.) is so - let's say, "out of place" that it's got to be a reason for a delay in this.
quote: Originally posted by: Invictus " I don't think we have proof that the SSN was used. SFT claims to have a statement from someone in KY that the SSN was used in the inquiry. This is the same man who under oath said that Jack Hanbury was "the college attorney.""
Everyone knows what you mean, Invictus, but I think it is important to use the term "university attorney" both because that is what Shelby said and because, presumably, that is Lee Gore's title.
quote: Originally posted by: Invictus " I don't think we have proof that the SSN was used. SFT claims to have a statement from someone in KY that the SSN was used in the inquiry. This is the same man who under oath said that Jack Hanbury was "the college attorney.""
Everyone knows what you mean, Invictus, but I think it is important to use the term "university attorney" both because that is what Shelby said and because, presumably, that is Lee Gore's title.
quote: Originally posted by: indy eagle "yeah, and I'm getting sick of this spacey music!"
My bird hates it too -- the victory marching music this a.m. was so much better!!!! Anderson is talking to them. The evidence used (and I've got several qualified legal advisors reporting back to me this entire a.m.) is so - let's say, "out of place" that it's got to be a reason for a delay in this.
quote: Originally posted by: Invictus " I don't think we have proof that the SSN was used. SFT claims to have a statement from someone in KY that the SSN was used in the inquiry. This is the same man who under oath said that Jack Hanbury was "the college attorney.""
Everyone knows what you mean, Invictus, but I think it is important to use the term "university attorney" both because that is what Shelby said and because, presumably, that is Lee Gore's title.
Will the votes of the faculty senate and the grad council, as well as the overwhelming no-confidence vote of the faculty, come into play at all? SFT seems to be trying to paint G&S as rogue malcontents with personal vendettas against AD, whereas the votes just mentioned seem to indicate campus-wide concern with AD's credentials and with SFT's actions. Will the lawyers for G&S be allowed to make the point that G&S were not acting out of personal spite?
Wow...I took longer on my errand that I expected, but it's almost 2pm CST and I didn't miss a thing! I agree with others...I think Anderson is telling Thames YOU HAVE NO CASE, BUBBA!
Also, as I said on the other thread, my lawyer relative told me that it is no crime to possess someone's SSN. Sorry, Shelby, but your smoking gun better be something more illegal than that. YOU ARE A LAUGHINGSTOCK, SFT!
I can hardly stand the suspence (sp?):...wonder if anderson is telling shelby he isnt looking good and he may want to consider carefully his next move. i think i have hit refresh 500 times in the past 3 minutes.
quote: Originally posted by: grateful "I can hardly stand the suspence (sp?):...wonder if anderson is telling shelby he isnt looking good and he may want to consider carefully his next move. i think i have hit refresh 500 times in the past 3 minutes."
quote: Originally posted by: truth4usm "Wow...I took longer on my errand that I expected, but it's almost 2pm CST and I didn't miss a thing! I agree with others...I think Anderson is telling Thames YOU HAVE NO CASE, BUBBA! "
It could be that, in nice formal cultured lawyer talk, he's explaining to Shelby that if this goes into cross-examination, he's about to have his gonads handed to him on a silver platter. He's giving Shelby a chance to save face & back out.
quote: Originally posted by: grateful "I can hardly stand the suspence (sp?):...wonder if anderson is telling shelby he isnt looking good and he may want to consider carefully his next move. i think i have hit refresh 500 times in the past 3 minutes."
Usually an attorney will open with their strongest case...I would imagine that Justice Anderson is encouraging settlement, as it doesn't look like the University is going to meet any burden of proof.
Anderson is more than likely doing the job -- and that is telling SFT that they're certainly going to enter the history books with this email thing. Once again, congratuate yourselves on outting this. If it wasn't for this website - Jim Keith, with the IHL's approval, would be "mediating" it.
It isn't Mississsippi - it's some of the good ole' boys (and girlz) that need to go . . . . .
Yes, yuck. But I would like to be able to hear Frank and Gary's side, thank you very much! I can't imagine that they would agree to a settlement without getting their side heard. But again, I trust Michael Adelman. He's among the finest lawyers out there (I know him personally, too!).
Are hearings like this usually so....um "unorganized?" I mean I realize hearings at a university may not happen very often, or it may be that they are just not usually publicized like this. But this seems really stop-and-go.
quote: Originally posted by: truth4usm "Ok, Crystal Ball. But, I believe I'm still waiting for you to tell me the winning Powerball numbers in the TN lottery! Just kidding, of course!"
HA now reports that "Separate closed-door meetings are currently ongoing." I wonder if that means there is more than one meeting going on at the same time? (or was their sentence just badly written?)
When the current part of the mess is over, would the two professors have any right to sue for infringement of privacy? Or do we just now have to resign ourselves to the prospect that ANYTHING typed on a university computer can be read by administrators?
quote: Originally posted by: BogusBoy "HA now reports that "Separate closed-door meetings are currently ongoing." I wonder if that means there is more than one meeting going on at the same time? (or was their sentence just badly written?)"
I would take that to mean that there is more than one meeting happening. But you never know with the HA version of grammar and sentence construction.
Personally, I think the longer this goes on, the better it looks for Frank and Gary. SFT must be sweating bullets right now...or, he would be, if he was smart enough to see the writing on the wall. You're going down, Shelboo!
quote: Originally posted by: USM Sympathizer "When the current part of the mess is over, would the two professors have any right to sue for infringement of privacy? Or do we just now have to resign ourselves to the prospect that ANYTHING typed on a university computer can be read by administrators?"
Unfortunately, I think we have to resign ourselves. It may not be ethical, but it is legal.
quote: Originally posted by: USM Sympathizer "When the current part of the mess is over, would the two professors have any right to sue for infringement of privacy? Or do we just now have to resign ourselves to the prospect that ANYTHING typed on a university computer can be read by administrators?"
Unfortunately, there's something called the "acceptable use policy" that most universities have. It basically says that no emails are private as long as they are on university computers. You do need to understand that anything typed on your computers at work can be used against you. Also, just because you delete an email doesn't mean it is deleted from the system (or at least this is what my tech-savvy friends tell me). They can still retrieve it.
quote: Originally posted by: flyonthewall "bogusboy... you are at the hearings right??? What are the whispers in the room about.. Are the pro thames.. or glamser stringer or what"
I opted to not be at the hearing personally, so I'm not sure what is happening. If I'd known we were going to wait this long I could have gone down there and looked at things myself and reported back by now!
quote: Originally posted by: truth4usm "Unfortunately, there's something called the "acceptable use policy" that most universities have. It basically says that no emails are private as long as they are on university computers. You do need to understand that anything typed on your computers at work can be used against you. Also, just because you delete an email doesn't mean it is deleted from the system (or at least this is what my tech-savvy friends tell me). They can still retrieve it."
Truth is totally correct about how "erase" or "delete" doesn't mean what is sounds like it means.
When you delete something you are not actually getting RID of it, you are simply allowing your computer to write over that space on the drive.
quote: Originally posted by: USM Sympathizer "truth4usm, can you tell us more about what your lawyer friends/relatives are saying about all this? "
My relative (not a practicing lawyer in MS) basically said that while it is technically legal for Thames to bring out these emails (due to the "acceptable use policy"), it makes everyone look really bad (Thames, and, unfortunately, Frank and Gary). He also said that the angle on Jack Hanbury giving legal advice without being licensed to practice in MS yet is not really "illegal."
He also agreed with me that this is probably Thames' best evidence against them (that he doesn't have another smoking gun). And, if so, it doesn't constitute anything illegal that he can tell. Like I said before, he says it's not illegal to possess someone else's SSN. I've yet to see evidence that Gary posed as anyone other than himself. So, I really don't know what else SFT has up his sleeve. I was worried about the charge of using federal grant money to conduct the investigation, but we've seen none of that evidence brought up. I would've thought they'd lead off with that if indeed it were true (would bring all sorts of federal laws into play, much more serious than what we are talking about here).
Anyway, that's how it looks from one legal perspective (and my perspective thrown in for good measure).
It's 2:29 pm CST...we're going into 2 1/2 hours of break time! Go, Frank and Gary!
there is no reason to be there.... whats the point of watching a live feed when you can listen to it anywhere. If more people were allowed in the hearing room, we would all be there. But watching a live video feed doesn't make sense to me.
quote: Originally posted by: truth4usm " I would take that to mean that there is more than one meeting happening. But you never know with the HA version of grammar and sentence construction. Personally, I think the longer this goes on, the better it looks for Frank and Gary. SFT must be sweating bullets right now...or, he would be, if he was smart enough to see the writing on the wall. You're going down, Shelboo!"
quote: Originally posted by: truth4usm "Unfortunately, there's something called the "acceptable use policy" that most universities have. It basically says that no emails are private as long as they are on university computers."
This is correct. However, when I tried the link on the USM website about an hour ago, it 404ed. The USM acceptable use policy is not on their website, or if it is, it has been moved.
I can't think of a case where email or PC files were read by university officials unless there was already significant probable cause that a crime had been committed (e.g., child porn or copyright violations). And in that case, I believe the PCs would have been immediately turned over to an experienced law enforcement agency for analysis by a qualified lab.
<SPECULATION>
That may be what is concerning Anderson right now: whether the "evidence" is tainted. I'm not sure SFT would be able to introduce the evidence in a bona fide court of law.
quote: Originally posted by: truth4usm "Unfortunately, there's something called the "acceptable use policy" that most universities have. It basically says that no emails are private as long as they are on university computers. You do need to understand that anything typed on your computers at work can be used against you. Also, just because you delete an email doesn't mean it is deleted from the system (or at least this is what my tech-savvy friends tell me). They can still retrieve it."
Truth is totally correct about how "erase" or "delete" doesn't mean what is sounds like it means.
When you delete something you are not actually getting RID of it, you are simply allowing your computer to write over that space on the drive.
quote: Originally posted by: USM Sympathizer "I wonder if the size of the crowd in the adjacent room has expanded since this morning, when I believe it was reported as 15."
At least 100 people in the game room this morning.
The computer usage policy was like a book last year and then this year in one of my classes we were given an assignment to read and analyze it. We went to print it out and realized they had changed to a 2 page policy. As far as we could tell, the faculty was not informed of the changes.
quote: Originally posted by: truth4usm "Unfortunately, there's something called the "acceptable use policy" that most universities have. It basically says that no emails are private as long as they are on university computers. You do need to understand that anything typed on your computers at work can be used against you. Also, just because you delete an email doesn't mean it is deleted from the system (or at least this is what my tech-savvy friends tell me). They can still retrieve it."
Truth is totally correct about how "erase" or "delete" doesn't mean what is sounds like it means.
When you delete something you are not actually getting RID of it, you are simply allowing your computer to write over that space on the drive.
It may be technically "fair usage" to read mail sent out by people at your institution, but I believe people writing from outside to individuals within your institution are not legally subject to your screwy interpretations.
quote: Originally posted by: The Game Room had over 100 ppl present "At least 100 people in the game room this morning."
That's great, because otherwise the media (and SFT spin machine) could paint non-attendance as lack of interest.
I hope students who may not previously have taken much interest in this matter will now realize that ANYTHING they write on campus e-mail can be searched for ANY reason SFT deems appropriate. That alone should make them mad.
hearings were just announced to be over, the parties will resolve this situation behind closed doors. Glamer and Stringer are going to each testify for 30 minutes since thames testified this morning. This is their chance to refute (ream) thames remarks.
I read a mention of a petition. What is it about? Is there anyway to sign online. I'm very far away from Mississippi these days. If it concerns trying to get Thames sacked - count me in!!
quote: Originally posted by: Eagle in Cairo "I read a mention of a petition. What is it about? Is there anyway to sign online. I'm very far away from Mississippi these days. If it concerns trying to get Thames sacked - count me in!!"
quote: Originally posted by: truth4usm " My relative (not a practicing lawyer in MS) basically said that while it is technically legal for Thames to bring out these emails (due to the "acceptable use policy"), it makes everyone look really bad (Thames, and, unfortunately, Frank and Gary). He also said that the angle on Jack Hanbury giving legal advice without being licensed to practice in MS yet is not really "illegal." He also agreed with me that this is probably Thames' best evidence against them (that he doesn't have another smoking gun). And, if so, it doesn't constitute anything illegal that he can tell. Like I said before, he says it's not illegal to possess someone else's SSN. I've yet to see evidence that Gary posed as anyone other than himself. So, I really don't know what else SFT has up his sleeve. I was worried about the charge of using federal grant money to conduct the investigation, but we've seen none of that evidence brought up. I would've thought they'd lead off with that if indeed it were true (would bring all sorts of federal laws into play, much more serious than what we are talking about here). Anyway, that's how it looks from one legal perspective (and my perspective thrown in for good measure). It's 2:29 pm CST...we're going into 2 1/2 hours of break time! Go, Frank and Gary!"
Just wanted to let you know that most of the above is my own interpretation of what was said by my relative. It is not his exact words. I am not a lawyer and the above should not be misconstrued as actual legal advice.