Forensic filing: falsified emails presented to grand jury in Jake’s Fireworks case – Port Arthur News
The Jake’s Fireworks owner’s defense team believe the federal government presented fabricated evidence to a grand jury.
According to a motion filed by the Jakes Fireworks defense team and Right Price Chemicals owner Jake Daughtry, attorneys discovered that several emails between “a chemical distributor and Right Price Chemical had been altered to support a guilty verdict against the accused “.
Several emails had an added sentence and an attachment in reference to a safety and data sheet, which contained statements about human consumption, according to the court file.
The motion is to request a transcript and evidence provided to the grand jury before Daughtry and nine others are charged with drug trafficking and money laundering.
The motion says the defense believes the accused will have enough evidence to have the indictment dismissed.
On August 29, the defense team received a report from Cyopsis, which is a digital forensics company.
The report showed that the emails between Right Price Chemicals and Silver Fern Chemical contained discrepancies.
According to testimony, RPC purchased the chemical 1,4 butanediol (BDO) from Silver Fern. The chemical is designed to be an industrial cleaner and is legal to sell as such.
The federal government alleges that RPC knowingly purchased and sold BDO for human consumption.
At a detention hearing last summer, prosecutors for the U.S. Attorney’s Office said companies that sell BDO require buyers to complete a form asking them to name their business and the chemical’s intended use.
Daughtry’s attorney, Dustin Galmor, showed in court the chemical is available for purchase online from Walmart and Amazon.
Five days after Daughtry’s defense team filed the petition, the US prosecutor’s office appointed Christopher Rapp as lead prosecutor in the case. Michelle Englade previously held the position.
The prosecution has requested an extension to respond to the motion regarding grand jury testimony.
On the civil side, all of the defendants obtained an injunction authorizing Right Price Chemicals and Jake’s Fireworks to reopen on the condition that the defendants do not sell BDO to anyone for any amount.
The trial date has been pushed back to early next year after the defense filed an unopposed motion for an extension late last month.
The motion was requested after the government turned over 5 terabytes of data to the defense. The amount of data was equivalent to almost a third of the entire Library of Congress. The defense said they combed less than 5% of the evidence after 90 hours of examination.