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For immediate release: Monday, September 15, 2008

Contact: Bill Risner, Esq.  520 622-7494

                 John R Brakey    520 250-2360

Today, Monday the 15th at 11:30am, members of the election integrity community involved in the recent litigation will be at the main courthouse vault (1st floor) to pick up the hard disk purchased by the Democratic Party back in April of 2007 and (allegedly) containing the data we won in court... records of elections going back many years.

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We are told it's not there.  (see John Moffat e mail Below)

In preparation for what we thought would be a routine process, we E-mailed county staffers.  In response, county computersecurity expert John Moffatt wrote back:

The drive [referring to the one owned by the Democratic Party] was apparently retrieved some time ago. 

The Clerk of the Court indicated he thought Bill Risner had picked it up.  When I got there Monday

afternoon, the only drive left (there were originally two in a large sealed box returned January 11th

after that turnover process) was our drive still sealed in it's individual box.  As far as I am concerned,the drive designated as belonging to the Democratic Party was released into unknown hands - the chain of custody was broken.  Check with Bill as to where the Democrat's drive is located.

Bill Risner didn't pick it up, and neither did anyone connected with the case on our side.

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If Mr. Moffatt's information is correct, the data that we fought a year and a half's court battle over has been stolen or taken into the possession of someone with a motive to pollute the data."

Court Order: "IT IS HEREBY ORDERED that the Clerk of the Superior Court of Pima County, shall transfer possession to the Plaintiff of the data storage device owned by the Plaintiff and presently in the custody of the Clerk of the Superior Court. The Defendants may take possession of their separate hard drive at the same time."

The court order is clear. Neither the county nor the Clerk of the Court could have made a "mistake."

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