My previous write-up is here:
incels.is
The last time I wrote about the Bianca Devins litigation, Judge Glenn T. Suddaby had dismissed her estate's lawsuit in September 2022.
The case started after Devins' estate sued the Oneida County District Attorney's Office, which prosecuted her killer, for allegedly disseminating a video depicting her rape and murder. In their federal lawsuit, Devins' estate alleged that this video was child pornography, and was unlawfully distributed to CBS producers and several unknown YouTube personalities.
Pictured: Devins and her killer
Devins was 17 and had an expansive presence on social media when she was raped and murdered by her simp, Brandon Clark, over three years ago. Clark pleaded guilty to second-degree murder and is serving 25-to-life at Attica Correctional Facility.
While Judge Suddaby's reasons for dismissal are numerous and highly technical, the most significant reason was Devins' lack of capacity. As she was already dead at the time the sex tape was allegedly shared, the federal child pornography statute supporting her cause of action was inapplicable.
The Hard Drive
One year ago, as part of the litigation, CBS delivered a hard drive containing their copy of Bianca Devins' sex tape to the Court. Now that the case was dismissed, Judge Suddaby recently held a videoconference with the parties to determine how this particular hard drive should be disposed of.
Plaintiff's letter brief dated November 17th, 2022
In a valiant but legally baseless last-ditch effort to hold someone, anyone, accountable, Devins' estate—represented by feminist New York lawyer Carrie Goldberg—asked Judge Suddaby to keep the hard drive for ten years, and to order the Oneida County DA's Office to produce a list of individuals to which the sex tape was allegedly disseminated. They speculated that retaining the hard drive and its metadata could help an FBI investigation into the matter, though they failed to present any evidence that any such criminal investigation currently exists.
Defendant's response brief dated November 22nd, 2022
In response, the Oneida County DA's Office pointed out that if Devins' estate was alleging that a criminal violation occurred, this proposed order would be unconstitutional.
This led Carrie Goldberg to blow a gasket on Twitter, notwithstanding the fact that all the DA's Office did was use her words against her.
If you want to make this a criminal issue, not a civil issue, there may be Fifth Amendment concerns, no?
Lose a case? Bitch about it on Twitter.
Based Judge Gives Devins a second L
Earlier this week, in a brief text-only order on the docket, Judge Suddaby denied Devins' estate's request and sided with the Oneida County DA's Office yet again.
Pointing out that Goldberg had simply failed to cite any authorities justifying her request, Judge Suddaby ruled that the Court would destroy the hard drive (and its metadata) in 30 days, unless a law enforcement official decides to accept it within this timeframe. It's highly unlikely that this will happen within the next month, given the extremely difficult if not insurmountable legal barriers that involve pursuing a federal criminal prosecution of a state prosecutor.
Judge Suddaby's based decision almost certainly forecloses the possibility that anyone will ever be held criminally liable for inadvertently distributing or receiving this video of Bianca Devins' rape and murder.
Well, I guess that's that for the unfortunate e-girl. Should've chosen a better simp.
Bianca Devins: Federal judge throws out lawsuit involving sex tape of murdered 17-year-old e-girl
View: https://www.reddit.com/r/IncelTear/comments/ofsgxp/holy_shit/ This is Bianca Devins. If you've been around here for a while, you've almost certainly heard of her. The 17-year-old daughter of a single mom was violently murdered by Brandon Andrew Clark in Utica, New York over three years...
incels.is
The last time I wrote about the Bianca Devins litigation, Judge Glenn T. Suddaby had dismissed her estate's lawsuit in September 2022.
The case started after Devins' estate sued the Oneida County District Attorney's Office, which prosecuted her killer, for allegedly disseminating a video depicting her rape and murder. In their federal lawsuit, Devins' estate alleged that this video was child pornography, and was unlawfully distributed to CBS producers and several unknown YouTube personalities.
Pictured: Devins and her killer
Devins was 17 and had an expansive presence on social media when she was raped and murdered by her simp, Brandon Clark, over three years ago. Clark pleaded guilty to second-degree murder and is serving 25-to-life at Attica Correctional Facility.
While Judge Suddaby's reasons for dismissal are numerous and highly technical, the most significant reason was Devins' lack of capacity. As she was already dead at the time the sex tape was allegedly shared, the federal child pornography statute supporting her cause of action was inapplicable.
The Hard Drive
One year ago, as part of the litigation, CBS delivered a hard drive containing their copy of Bianca Devins' sex tape to the Court. Now that the case was dismissed, Judge Suddaby recently held a videoconference with the parties to determine how this particular hard drive should be disposed of.
Plaintiff's letter brief dated November 17th, 2022
In a valiant but legally baseless last-ditch effort to hold someone, anyone, accountable, Devins' estate—represented by feminist New York lawyer Carrie Goldberg—asked Judge Suddaby to keep the hard drive for ten years, and to order the Oneida County DA's Office to produce a list of individuals to which the sex tape was allegedly disseminated. They speculated that retaining the hard drive and its metadata could help an FBI investigation into the matter, though they failed to present any evidence that any such criminal investigation currently exists.
Defendant's response brief dated November 22nd, 2022
In response, the Oneida County DA's Office pointed out that if Devins' estate was alleging that a criminal violation occurred, this proposed order would be unconstitutional.
This led Carrie Goldberg to blow a gasket on Twitter, notwithstanding the fact that all the DA's Office did was use her words against her.
If you want to make this a criminal issue, not a civil issue, there may be Fifth Amendment concerns, no?Lose a case? Bitch about it on Twitter.
Based Judge Gives Devins a second L
Earlier this week, in a brief text-only order on the docket, Judge Suddaby denied Devins' estate's request and sided with the Oneida County DA's Office yet again.
Pointing out that Goldberg had simply failed to cite any authorities justifying her request, Judge Suddaby ruled that the Court would destroy the hard drive (and its metadata) in 30 days, unless a law enforcement official decides to accept it within this timeframe. It's highly unlikely that this will happen within the next month, given the extremely difficult if not insurmountable legal barriers that involve pursuing a federal criminal prosecution of a state prosecutor.
Judge Suddaby's based decision almost certainly forecloses the possibility that anyone will ever be held criminally liable for inadvertently distributing or receiving this video of Bianca Devins' rape and murder.
Well, I guess that's that for the unfortunate e-girl. Should've chosen a better simp.
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