FACT
Altered audio recording used in trial - still unable to recover original audio from the BCA.
The Evidence
Doctored Audio
The county attorney’s office released a digital audio file made by Byron on the day of the incident. That recording file contained sequences which were altered to make it appear that Byron had planned to contact a lawyer prior to the incident. Several attempts have been made to recover the original audio from the BCA but they refuse to release the full original audio. Unfortunately, this doctored version is the one that the jury heard. How hard is it to re-arrange audio? If you’ve ever shuffled songs on an IPOD you already know. For an MP3 file, a $500 laptop, a $30 program and a few minutes of time are enough.
Both Minn. statutes and US code mandate protection from editing. Minn's BCA violated these laws, doing nothing to ensure the integrity of the original. At least three critical falsifications have been identified, but descriptions of those must be withheld pending prosecution of the prosecutors for falsifying evidence.
H2 "Zoom" Digital Recorder -
set for 42 hr unattended recording.
The Camera
On October 27, 2012 a $6000 Camera with lense was stolen from Byron’s house. It was finally recovered after sitting for two years in the Little Falls Police Department. A police officer had retrieved it near the boat landing on the west side of town after an informant told him where to find it. The camera contained over 100 new images from the time it was stolen. To this day, there has been no prosecution for the theft or possession of stolen goods.
Deputy Luberts took evidence of the original (camera) box with ID and serial number label. Despite the magnitude of the theft, no follow-up action was taken. Failure to investigate the guns, filing reports with wrong dates and information and known perjury about date of theft. Deputy Luberts advised Smith to put up cameras to gather more evidence. Luberts was telling Mr. Smith to get burglarized again!! Two days later Smith made a written report to the sheriff’s office of an additional break-in, with vandalism and burglary. To this date, there still has been no investigation. Byron Smith felt victimized and abandoned by Morrison County law enforcement.
42 megapixel camera - with f/1.4, 28 mm lens
Histories
The criminal histories and past incidents were not allowed in court. Brady's Mom was recently charged With Drug Possession in Hennepin County. At trial they were made out to be saints or “angels” but public documents tell a different story.
• Past Incidents
• Nicholas Brady - Damage to Property
• Haile Kifer - Theft, Shoplifting
• History / Recovery of Shotgun
• Cody Kasper - Aiding and Abetting »
• Criminal History - Jason Brady
• Civil History - Jason Brady
• Criminal History - Kimberly Brady
Text Messages
Here are some text messages between Kasper, Kifer and Brady where they discuss burglarizing Byron’s home. The only time the topic of text messages was brought up before the grand jury was when BCA Agent Chad Museus, in response to a grand juror’s question, stated:
“We don’t have any information on the text messages that would indicate anything regarding the Smith residence at all.”
The text message data shows substantial forethought by several participants with respect to burglaries at Byron’s home. It was specifically requested that such material be presented for consideration by the grand jury. It was not.
October 25, 2012: The following occurred
between Mr. Brady and Mr. Kasper:
Where you been?
I know I'm sorry byrans!!!
Soon!
Well let's do it!
Yea
What do you mean you dident txt me back ass face!
When??
Yea we keep sayin that and not doing it !!
Tomoro?
Kasper
Brady
November 22, 2012: The morning of the incident The following occurred between Ms. Kifer and Rachel Brady (sister of Nicholas Brady):
Heey its Rachel, my phones dead./: mehr./: I miss you!
I can't wait to hear all(: and nice(: what you guys doing?!(:
Oh nice!(: you go in? Was someone there?
Find anything?(:
No way?!?(:
Omg :) i have so much to tell you! Ha me and nick are a team right now.
Drivin around went back there from last night :) lol
Yes and no.
Some stuff a huge black dildo i took to show you and some anal beads :) ha
Kifer
Brady
Ya! :)
That's so fucked!(: I love it!(: mehr (:
I wish you were with :/ were doin it tonight if you wanna
I wish I was too!/: and Well yeah!(: I think im just gonna tell him sending the night with family er what?:p
Yea :)
Mehr.(: I hope 2nite is fun and works out!(:
