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ArsTechnica Peter Bright Gets Sentencing Delayed 2 Months After Moved For Acquittal

By Matthew Russell Lee, Exclusive, Patreon
BBC - Decrypt - LightRead - Honduras - Source

SDNY COURTHOUSE, Aug 2 –  Former ArsTechnica writer Peter Bright's re-trial for attempted enticement to sex of a minor resulted late March 16 in a guilty verdict from the jury. Photo here.

  The verdict came as other trials in the SDNY courthouse had been stayed, and another criminal trial with one juror deliberating remotely from his apartment, in Coronavirus COVID-19 self-quarantine.

  Now Bright's sentencing has been pushed back a full two months: "MEMO ENDORSEMENT [90] LETTER MOTION Reschedule Sentencing as to Peter Bright ENDORSEMENT Sentencing is adjourned from September 3, 2020 to November 4, 2020 at 11:00am. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/31/2020)."

  On June 15, with still no trial resumed, the US Attorney's Office filed its opposition to Bright's Rule 29 motion for acquittal. Full filing on Patreon here; it says among other things that "Bright called Dr. James Cantor, a clinical psychologist, and also testified in his own defense. Dr. Cantor testified that “age play” is a type of sexual kink in which “participants are pretending that they’re a different age than what they are.” (Tr. 310). Building on Dr. Cantor’s testimony, Bright testified that when he first met the mother on KinkD, he believed she was an “age player” and that her children were “littles,” i.e., adults pretending to be children." We'll have more on this.

  Three days after the verdict with Inner City Press which alone covered the trials being asked many questions, including about the ArsTechnica editor who testified, we offered this:

 Conde Nast / ArsTechnica official Ken Fisher (formally, Kenneth Robert Fisher III) said that Bright never proposed to write any article about child sex exploitation, on ArsTechnica's Slack or otherwise.

  In fact, Fisher said, to the degree ArsTechnica cover the intersection of sex crimes and the Internet, they had a deputy editor who wrote their stories.

 On cross examination by Bright's Federal Defender, Fisher was asked, "You are familiar with his online persona, right?" Fisher replied yes. Photo of transcript here. We'll have more on this.

 

   Back on February 19 in Bright's first trial a mistrial was declared, the day after the jury sent out a note that it could not reach consensus. The judge pushed for a fast second trial, which has now begun on March 10. The US Attorney's Office has sent Michael D. Maimin to second-chair.  On March 12 with Bright again on the witness stand, bragging how he makes "littles order off the kids' menu," Inner City Press live tweeted, here:

Bright: I live in Bushwick... With anal, you have to know what you're doing. Real people are not porn stars.  

He says "girl" in the Bronx was 30, Alicia.

Bright: I'm pretty sure vibrators are not used in classrooms. But we were fantasizing. ... It's called after-care in the kink world.

Bright: I know someone who tweets out her STDs test results every time. In the polyamorous world we are responsible

 Peter Bright: One of the joys of working at home is I can walk around naked. #Coronavirus

Bright (looking at jurors, some mouth agape) "A lot of Americans have never seen, at least first hand, an uncircumsized pen*s"

Peter Bright: When in photos I'm holding two Starbucks cups, I'm double fisting, it's a double entendre

 We'll have more on this.


Inner City Press covered the opening arguments, here:

AUSA Alexander Li: Peter Bright tried to have sex with a 7 and 9 year old. He was arrested carrying condoms, on his way to meet them.

AUSA Li: You may find the evidence disturbing. They met on Kink'd, then WhatsApp. Bright sent a picture of his [member]. But he created a cover story, that he was a journalist for a technology web site.

AUSA Li: We will call as a witness the editor of the technology website. He will tell you the defendant never wrote about child exploitation, and wasn't authorized to.\

Federal Defender: Peter Bright likes kinky sex with consenting adults. He likes role playing. On Kink'd, he was a dominant Daddy, an age player. We have an expert.

 FD: Age play is legal. Princess Mom set him up. She used the language of age play, on Kink'd. She sent him photos of children. So he went to gather evidence. He set his phone to record

 FD: The FBI got it wrong. He told Princess Mom where he worked. He is not guilty.

For these arguments, at which Inner City Press was the only media, there were many lawyers from each side. More on Patreon here.

Back on February 27, in a proceeding at which Inner City Press was the only media present, the only person in the gallery, a re-trail date has been selected: March 10. Federal Defenders confirmed that their expert will be available, on March 13. Judge Castel said that all of his previous evidentiary rulings apply, and that he will add to the jury charge language from his response to previous jury question 4, about intention. So it's on. Inner City Press will cover it, again. Threadette here. More including why and what at second trial on Patreon here.

 Bright took the witness stand on February 13 and called himself an "age player" and a Daddy. He said he prefers full bodied women with a lot of body hair - but denied that he actually likes children.

Inner City Press, which first reported Bright's presentment on the charges on May 23, here, started a Twitter thread about Peter Bright's matter of the fact statements about himself, here. More on Patreon here.

  By the end of February 18, the jury still had the case. They passed out a note, "unable to reach a consensus." Bright's Federal Defender Amy Gallicchio asked for a mistrial, but Judge P. Kevin Castel instead read the jury to so-called Allen charge, to see if that could break the deadlock.

"Legal Definition of Allen charge : a charge to a deadlocked jury to make a further effort to reach a verdict especially by each juror considering the others' opinions with deference — called also dynamite charge."

  Inner City Press remained in the courtroom. An hour went by. Then two. By they, Inner City Press chatted with that appeared to be Bright's parents, with British accents and on their way to Balthazar. They asked if this was normal. Well, none of it was.

  Around 6 pm, the jury passed out a nother note, that they would come in on February 19 and continue deliberating. Judge Castel told the lawyers that he would have another case at that time - another one Inner City Press is covering, as it happens - but that he would direct the lawyers in that civil case to decamp when the Bright jury has a note, or verdict.

 But when a note came out, Bright was led up to the bench and white noise turned on. It was impossible for Inner City Press, in the gallery, to hear what was said. By 2 o'clock, it was mistrial and Judge Castel was frustrated by defense counsel not committing to a March 23 trial date. He said in his day practicing, judges just declared days. A letter is due, when the defense and their expert witness canNOT do it. Watch this site.

 Earlier on February 18, the jurors passed out a note asking questions, including to see able the video of Bright's Q&A with FBI agents. This was played in the courtroom, in whose gallery were only Inner City Press and two older adults.

 But the FBI Q&A concerned girls of 17 years old - who told Bright she was "turning tricks" and a 14 year old who Bright said emailed him photos in panties.

  Bright was asked by the FBI, why did you respond? Bright said it was flattering to be flirted with. But he insisted he prefers or preferred adults *playing* young teenagers to young teenagers themselves. He was also asked by the FBI why he was telling an interlocutor about his foreskin, if he did not intend to show it to the young children she described.  What will the jury think? Inner City Press has asks for notice when a verdict comes, but continues to pass by the courtroom again and again, to check. Watch this site.

  Back on February 13 Judge P. Kevin Castel of the U.S. District Court for the Southern District of New York let the jury go to lunch from 12:30 to 1:30 pm, then told the lawyers to return to discuss the jury charged at 1:15 pm. Inner City Press reported, It's coming to endgame, and it has.

  Assistant US Attorney Alexander Li in his closing statement emphasized to the jury the Peter Bright went to Duane Park with condoms to meet what he thought would be children. Li said Bright is not an age-playing vigilante trying to catch the FBI agent but rather a man attempted to have sex with children, with a lesson plan to teach about his foreskin.

   Many Federal Defenders were in the gallery for the closing arguments. Amy Gallicchio had argued, in writing, that "Mr. Bright actively engages in role-playing involving bondage, discipline, dominance and submission, sadomasochism, commonly referred to as BDSM. He is particularly interested in ageplay."  But what will the jury think of it? Watch this site.
  Yet more on Patreon here, including on the case's reference to... Justin Bieber.

The case is US v. Bright, 19-cr-521 (Castel). 

***

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