United States District Court, D. Maine
ORDER ON DEFENDANT'S MOTION IN LIMINE TO EXCLUDE
ANY EVIDENCE OF EMAILS SENT BY THE DEFENDANT TO THE
PROSECUTION AND TO SPECIAL AGENT LOREN THRESHER
A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE
anticipation of trial on charges of criminal copyright
infringement and mail fraud, a defendant moves in limine for
a pre-trial ruling excluding any evidence of email messages
sent by the defendant to the prosecution and to a special
agent of the United States (Government) under Federal Rules
of Evidence 401 and 403. The Court concludes that the email
messages are inadmissible with one exception.
September 19, 2019, Douglas Gordon filed a motion in limine
to exclude any evidence of emails he sent to the prosecution
and to Special Agent Loren Thresher, who is the Homeland
Security Agent assigned to the investigation of the case.
Def.'s Mot. in Limine to Exclude Any Evid.
of Emails Sent by the Def. to the Prosecution and to Special
Agent Loren Thresher (ECF No. 93) (Def.'s
Mot.). On September 24, 2019, the Government filed its
response to Mr. Gordon's motion in limine. Resp. of
the United States to the Def.'s Mot. in Limine
to Exclude Any Evid. of Emails Sent by the Def. to the
Prosecution and to Special Agent Loren Thresher (ECF No.
101) (Gov't's Resp.). On September 30, 2019,
Mr. Gordon filed his reply. Def.'s Reply to the
Gov't's Resp. to Def.'s Mot. in Limine to Exclude
Evid. of Emails Sent by the Def. to the Prosecution and to
Special Agent Thresher (ECF No. 119) (Def.'s
The Emails in Contention
he alludes to other emails, Mr. Gordon attached to his motion
an email string that contained only one email from him: an
email dated September 4, 2019, directed to Attorney Stephen
Smith, but that Mr. Gordon blindcopied to Assistant United
States Attorney (AUSA) James Moore. Def.'s Mot.,
Attach. 1. It reads:
Ok, this thing has reached a new level of ridiculousness.
I appreciate the updates but I don't need to see more
threats and taunts from the playground.
It's kind of boring. Please just send me the important
stuff and the Trial start date.
If you are required to send Jim's mind game messages to
me as my lawyer I understand.
But please forward them to my new email:
Id. at 1.
to the Government's response are a series of twelve
emails from June 22, 2017, through November 19, 2018, each
addressed from Mr. Gordon to Special Agent Thresher, and two
emails from Special Agent Thresher responding to Mr.
Gordon's emails. See Gov't's Resp.,
Attach. 3. Chronologically, the emails with subject lines
1) June 22, 2017: Next time, Pizza!
Sorry I missed your visit last month. Next time let me know
when you're coming and I'll order pizzas. What kind
do you guys like? Maybe you won't trash my house so bad
if I buy you lunch.
Gov't's Resp., Attach. 3 at 1.
2) June 24, 2017: Seriously?
After 2 years, the U.S. Customs thing . . . Again?
You guys really are a “one-trick” pony. The
Hillary email “investigation” took like 2 weeks.
And that was about the SECURITY of the entire country! and
you guys are in charge of keeping the HOMELAND safe?
No wonder your agency is the biggest joke after FEMA.
Id. at 2.
3) June 29, 2017: Purple People Eater I noticed in the
Customs Paperwork you sent me, you mentioned the movie,
“Purple People Eater”. Since I wasn't real
familiar with that title, I googled it and guess what?
It's on Youtube. It has been there since 2013, where 139,
942 people have watched it for FREE.
Here's a link:
https://youtu.be/FY7NZ6vKWGM So you can
“investigate” this hot tip. Think Youtube (aka
google) will be you next target? Or are they too rich,
powerful and politically connected for you to try to
Just trying to help. You don't really seem to understand
Copyright or even the difference between a movie and a video
Id. at 3.