Message from Birchey

ivy

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Got this email from Birchey this morning. I don't plan to skype with him but I'll reply to him asking him to send me an email instead


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Hi Ivy

Longtime no speak, our case has ended (sort of), we were offered a deal.. I would like you to post this on MJJC so the fans know whats going on, I can give you more details on Skype cuz I am allowed to use it, but not MSN.
 
Im really interested in seeing that. But can we trust his version of what went down? Is there away to gain acces to the court docs or is it sealed ? .. and if sealed wouldnt he have a gag order.
 
Well probably his version would be from his point of view. We won't know what Sony or the law enforcement says unless it has become a news story. As for the court records there's no documents in UK courts and also deals could be confidential.

I replied to him saying this


Hi Birchey,

It has been long time indeed. I hope the deal offered was a good deal and
allows you to put all of these behind and move on with your life.

I don't have skype, is it possible for you to email me what you want to
tell me? This way I can also post exactly what you want me to as well.

Ivy
 
He needs to come to me, ask him if he will talk to me to iron this out and I can do it on skype

Its time we settled our differences and moved on for the better of everyone.

my skype is mjjcommunity

Oh and please post in here so we can see before putting in the public domain.
 
Emails below (mine are in blue color)

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HI Ivy

Firstly, I need to ask you a serious question and if you did this it means you probably wont answer me straight anyway but did you send a copy of our last chats on MSN to Sony? This isn't a trick question, and I will find out after my case is resolved, but I got to read a couple of lines from the chats and there was info in there I only discussed with two people, you and another.

Birchey


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Nobody - Sony, Estate or law enforcement - ever contacted me or asked for
anything from me and I didn't contact anyone or gave them anything.

I thought they had confiscated your computer and had access to all of your
communications. As well as everything on MJJC.

I wonder what type of information you are mentioning. I don't know if you
saw it but after the trial information became a news story there was a lot
of discussion in threads and everyone quoting you from past
communications. I had a post that time (which I believe your wife saw)
mentioning how you told that it was a breach and how you notified sony
etc. I also had posts on the Great Album debate mentioning how you
believed the back vocals to be Michael etc. Could it be from the threads /
discussions?


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its okay Ivy its what I expected, Korgnex gave them to Sony, to cut a long story short, I "broke" my bail conditions, which I actually didn't as the bail condition they said I broke had already been removed by a Magistrate judge (but SOCA play by there own rules), it was Korgnex who passed my MSN convo on between me and him (conviently removing all his replys from the chat).I have been updated about Korgnex's "smear" campaign on me, and I can tell you the guy is a fruit, the comments he posted about me were taken from chats weeks apart and put into paragraphs to create a complete chat. I have our complete chatlogs and can show he is a lieing snake, he was begging me for those songs, offered me tons of money and I refused to sell them too him, his Jealousy has come out full fold I see. Infact his comments and lies Prejudiced out case as he was fully aware I would be using our chatlogs in my defense, and if it went to trial we were going to make a complaint against his public postings on MJJC, as he was clearly working with Sony (We also have him as Sonys "secret contact" in our case notes), along with a complaint at Sonys press release they did which was incorrect too.

Okay back to business, the prosecution offered us a deal, we pleaded guilty to Unauthorized access without intent and they have agreed that we went on the server as fans of Michael Jackson and did so without any intent of profiteering or to commit a further crime. Its was a suprise as this was well over a year into the investigation in which overall I was faced with 8 different charges, ranging from Conspiracy to defraud to copyright and patents and unauthorized access with intent. We played our defense all the way through from start to finish with only one goal, to tell the truth and even though we wanted to go to trial to sort this mess out and prove our case, I finally said, to Jamie "look, we have told the turth all the way through this case and even though we didn't realise we were unauthorized to be on the server as it was open and a promo server, we still were unauthorized" so we jumped in the deep end and ended this thing. I had my Children to think of, my family and any publicity which I didn't want to atttract to myself, family or give the media anymore excuses to call MJ fans nuts.

As for the Cascio side of things, don't worry I am getting advised by my Legal team on how to do this properly. Also from this case we have a wealth of evidence against Angelikson and co, new players involved, them trolling MJJC and Maxjax members, sending PM's under false accounts, making lies up about me to Sony, James Porte even jumped in on following me around the net and then lieing about me to Sony. and it seems, Sony were being heavily pushed by them. We also know alot more about the production of the songs, and factual information, thats undisputed.

Alot of people lied, or distanced them selves from me and this case/server issue that I am very upset about. I have been made out to look like a con artist, a liar and cheater and I have proof Forensically taken from my Harddrives and MJJC which will show 100% who these liars are. Gaz really let me down and you can tell him that. I told him not to lie and that it would come back to bite him in the ass.

and don't associate with Korgnex, people already think you work for Sony/Estate, he wont help as he does obviously give info from fans to Sony. I have read all his PM's on MJJC and he not to be trusted.

Anyhow, I am giving you the info about my case to post and interpret yourself, as I dont think messages from me can appear on forums or social networking sites, but I wanted to let the fans who know me and a little more about the facts an update and a thank you.

Birchey

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I don't know anything about your interactions with Korgnex or Gaz so I'm
not really in a place to comment about them. However I hope you can talk
with Gaz and settle your differences ( his skype is mjjcommunity if you
are interested). I just want you to know that those law enforcement people
getting MJJC servers just because of you and not knowing what would happen
was quite scary for all of us. A lot of people are upset for different
reasons. I would be lying if I didn't say that I felt like you lied to me.
It's not easy when you believe someone (you) but then other people tells
you a totally different story. There's a lot of confusion involved. I hope
we can all just put it behind.

So I think I can simply post an update mentioning the deal and that you
have pleaded guilty to minor unauthorized access charge and the rest of
the more serious charges have been dropped and mention a little thank you
for the support from the fellow fans.

How about sentencing / punishment? I hope it's just a short probation
period with no jail sentence. It seems like there are still limits to your
internet usage?

Take Care
 
Birchey responded to me saying that he doesn't want to talk with Gaz and asked if I can post the basic info and a thank you from him and he'll explain the rest himself when his bail conditions are removed.

If everyone is okay I say we can post the information below to the already existing thread from the memberservice or the admin account - http://www.mjjcommunity.com/forum/t...ealing-Michael-Jackson-Songs-From-Sony-Server

We are hearing that there has been a plea deal at Birchey and Cartman trial. Birchey and Cartman has pleaded guilty to the charges of unauthorized access without intent and prosecution has dropped the more serious charges such as intent of profiteering or conspiracy to defraud. When the time and the conditions are right, Birchey and Cartman can explain their sides in detail. For the time being they want you to know that they are thankful for any and all support they received from you fellow fans.
 
In that case, his request to post here is denied.

I do not want to see anything posted here on my fan club Period.

I am offering an olive leaf, he either takes it or he is done as far as I am concerned

Oh and for the record I have only ever told the facts from my perspective.

They either talk to me directly or we will not be co operating in any shape or form.
 
Gaz,

This is not just about birchey but about other members and their right to have information. Eventually january - the trial time - would come and when people start asking questions we will be required to say something.

I didn't post his last message - and I won't - but it's obvious that there has been some stuff between you two that actually hurt the other one. Both of you are justifiably angry, you for MJJC being in jeopardy and Birchey for being distanced from and what is said behind his back (in PM's and such). If the goal is to put it behind and find a middle ground I think both sides need to make an effort.

I will tell him if you don't allow the update to be posted but it would create a lot more issues in the long run. Plus given how our haters focused on what Birchey's wife has said and accused you (Gaz) of being involved in this in any format, I think being against Birchey would bring a lot more attacks towards MJJC and you.


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edit: okay we resolved this. we posted a minor update about the trial on the thread and again asked birchey to talk to gaz.
 
From a third party I heard that Birchey and Cartman on October 18 pleaded guilty to hacking (unauthorized access) in exchange for dropping stealing and the rest of the charges. apparently the sentencing is in 3 weeks and it's expected that they won't get jail time.

edited to add : Also again from this third party I have confirmed that Birchey's lawyers were given a copy of mjjc server and have access to PMs and messages.

edited to add: Korgnex is angry that we posted the brief update. I replied to him and cc'd Gaz.
 
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