Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Gordon

United States District Court, D. Maine

October 17, 2019

UNITED STATES OF AMERICA
v.
DOUGLAS GORDON

          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

          JOHN A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE

         In 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.

         I. BACKGROUND

         A. Procedural History

         On 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 Reply).

         B. The Emails in Contention

         Although 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:
Whogivesafuck@jimcansuckmydick.com

Id. at 1.

         Attached 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 are:

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 intimidate?
Just trying to help. You don't really seem to understand Copyright or even the difference between a movie and a video game.
You're welcome.

Id. at 3.


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.