Jammie is the Minnesota mother of two who, on June 15, will for the second time take on the Big 4 record labels, Vivendi Universal, EMI, Warner Music and Sony Music, and their RIAA.
First time around, she was ordered to pay Big Music almost a quarter of a million dollars in ‘damages’.
But judge Michael Michael Davis, who heard the case, declared a mistrial after admitting he’d committed a, “manifest error of law” when he told the jury the, “act of making copyrighted sound recordings available for electronic distribution on a peer-to-peer network, without licensefrom the copyright owners, violates the copyright owners` exclusive right of distribution, regardless of whether actual distribution has been shown”.
Now, on June 15, after the two sides failed to reach a settlement agreement, unless a lawyer with a social conscience steps forward to represent her pro bono, she’ll be standing against them alone.
Because Toder who, while acting as her attorney, fulsomely praised RIAA lawyer Richard Gabriel, who was doing his best to see her pilloried, has pulled out.
For the second time.
“Gabriel was under consideration for a judgeship in Colorado and officials who were vetting the RIAA lawyer called Toder, seeking his opinion,” said p2pnet. “I gave him a very favorable rating,” he stated. “I think he’s a standup guy and a good lawyer. And I think he would be a good judge.”
Now a court document says Toder “expended thus far $129,485 of uncompensated for time that will never be recovered, coupled with the likelihood that a similar, additional amount will be incurred if ordered to continue representation of defendant who originally caused [word missing] this firm by means of false representations.
Does that in some way refer to payment, or lack of it?
This isn’t the first time Toder wondered about his professional involvement with Jammie Thomas and in January, 2008, decided it was time for him to look for more gainful employment.
Then, “I feel Mr. Toder performed as best he could considering the financial situation I am in and how much I could afford to pay him and his firm,” Jammie said, generously, as she looked for new legal representation.
But he decided to stay on.
Jammie told me she’d made it clear from the beginning she didn’t have the resources for a big trial, and that for the last year and a half Toder has been trying to make up his mind whether or not to continue representing her or to pull out, finally deciding to leave her to her own resources.
When she learned the corporate music industry was going after her, she said she wouldn’t give up no matter what.
Today, “If I have todo this on my own, I will,” she reiterated.
“That’s pretty much something I resolved from Day One, and if I have to, I’ll find some way to do it on my own.”
Everyone deserves a defence, no matter what they’re alleged to have done, and indeed, if Jamie was a murderer, she’d be entitled to legal protection paid for by the state or federal government.
But Vivendi Universal (France), Sony (Japan), EMI (Britain), and Warner Music (US) and their RIAA (Recording Industry Association of America) have been attacking thousands of helpless and innocent people across America, safe in the knowledge that not one of them has the financial or legal resources to mount any kind of defence at all, let alone an adequate one.
Jammie is the only one of the 40,000 RIAA victims to have appeared before a judge and jury and now, unless someone who believes justice is more than a word comes forward, she’ll be standing alone against a team of highly paid professional litigation lawyers hired by the Big 4 labels to paint an entirely false picture of her as a hard-core criminal out to rob the hard-pressed labels of their rightful dues.
If you’re a lawyer who’s ready to act for Jammie, please contact me at p2pnet @ shaw dot ca, or Ray Beckerman at ray @ beckermanlegal dot com ands we’ll forward your name to her.
Jon Newton – p2pnet
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